40 CFR § 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity.
---
identifier: "/us/cfr/t40/s113.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity."
title_number: 40
title_name: "Protection of Environment"
section_number: "113.4"
section_name: "Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "113"
part_name: "LIABILITY LIMITS FOR SMALL ONSHORE STORAGE FACILITIES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 311(f)(2), 86 Stat. 867 (33 U.S.C. 1251 (1972))."
regulatory_source: "38 FR 25440, Sept. 13, 1973, unless otherwise noted."
cfr_part: "113"
---
# 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 |