• The regulation limits the liability for oil spills that occur at small oil storage facilities (fixed capacity of 1,000 barrels or less).

Part 113 is called “Liability Limits for Small Onshore Storage Facilities.” This regulation establishes size classifications and associated liability limits for small onshore oil storage facilities with a fixed capacity of 1,000 barrels or less. In fact, Part 113 applies to all onshore oil storage facilities with fixed capacity of 1,000 barrels or less.

When a discharge to the waters of the U.S. occurs from such facilities and when removal of said discharge is performed by the U.S. government pursuant to the provisions of subsection 311(c)(1) of the Federal Water Pollution Control Act (FWPCA), as amended, 33 U.S.C. 1151, et seq., the liability of the owner or operator and the facility will be limited to the amounts specified in section 113.4.

Part 113 does not apply to:

• Those facilities whose average daily oil throughout is more than their fixed oil storage capacity, and
• Vehicles and rolling stock.