40 CFR § 113.4
Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000 barrels or less capacity
June 9, 2020
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.
Open Table
| 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.
Open Table
| 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 |
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