40 CFR 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity.

Regulations last checked for updates: Nov 22, 2024

Title 40 - Protection of Environment last revised: Nov 20, 2024

View all text of Subpart A [§ 113.1 - § 113.6]

§ 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity.

Unless the United States can show that oil was discharged as a result of willful negligence or willful misconduct within the privity and knowledge of the owner or operator, the following limits of liability are established for fixed onshore facilities in the classes specified:

(a) Aboveground storage.

Size class	Capacity (barrels)	Limit (dollars)
I	Up to 10	4,000
II	11 to 170	60,000
III	171 to 500	150,000
IV	501 to 1,000	200,000

(b) Belowground storage.

Size class	Capacity (barrels)	Limit (dollars)
I	Up to 10	5,200
II	11 to 170	78,000
III	171 to 500	195,000
IV	501 to 1,000	260,000

authority: Sec. 311(f)(2), 86 Stat. 867 (33 U.S.C. 1251 (1972))

source: 38 FR 25440, Sept. 13, 1973, unless otherwise noted.

cite as: 40 CFR 113.4