§ 138.100. How to calculate a total applicable amount.
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/us/cfr/t33/s§ 138.100·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The total applicable amount is the sum of the OPA 90 applicable amount determined under paragraph
(a)of this section plus the CERCLA applicable amount determined under paragraph
(b)of this section.
(a)OPA 90 applicable amount. The applicable amount under OPA 90 is equal to the applicable limit of liability determined as provided in subpart B of this part.
(b)CERCLA applicable amount. The applicable amount under CERCLA is determined as follows:
(1)For a vessel over 300 gross tons carrying a hazardous substance as cargo, and for any vessel covered under § 138.110(c)(3) or (d)(2)(ii) (calculation of CERCLA applicable amounts for financial guarantors and self-insurers), the greater of \$5,000,000 or \$300 per gross ton.
(2)For any other vessel over 300 gross tons, the greater of \$500,000 or \$300 per gross ton.
(c)Amended applicable amounts. If an applicable amount determined under paragraph
(a)or
(b)of this section is amended by statute or regulation, the COFR Operator must establish and maintain evidence of financial responsibility in an amount equal to or greater than the amended total applicable amount, as provided in § 138.240(a).
(d)OPA 90 and CERCLA applicable amounts and limits of liability. The responsible parties are strictly, jointly and severally liable, for the costs and damages resulting from an incident or a release, but together they need only establish and maintain an amount of financial responsibility equal to the single limit of liability per incident or release. Only that portion of the evidence of financial responsibility under this subpart with respect to---
(1)OPA 90 is required to be made available by a guarantor for the costs and damages related to an incident where there is not also a release; and
(2)CERCLA is required to be made available by a guarantor for the costs and damages related to a release where there is not also an incident. A guarantor (or a self-insurer for whom the exceptions to a limitations of liability are not applicable), therefore, is not required to apply the entire amount of financial responsibility to an incident involving oil alone or a release involving a hazardous substance alone.