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Chapter 2:Applicability Table 2-2: Examples of transportation-related and non-transportation-related facilities from the 1971 DOT- EPA MOU. Transportation-related Facilities Non-Transportation-related Facilities (DOT Jurisdiction) (EPA Jurisdiction) -Onshore and offshore terminal facilities, including - Fixed or mobile onshore and offshore oil drilling and oil transfer hoses, loading arms,and other equipment used production facilities to transfer oil in bulk to or from a vessel, including -Oil refining and storage facilities storage tanks and appurtenances for the reception of - Industrial,commercial,agricultural,and public facilities oily ballast water or tank washings from vessels that use and store oil -Transfer hoses, loading arms,and other equipment -Waste oil treatment facilities appurtenant to a non-transportation-related facility used to transfer oil in bulk to or from a vessel - Loading racks,transfer hoses, loading arms,and other - Interstate and intrastate onshore and offshore pipeline equipment used to transfer oil in bulk to orfrom systems highway vehicles or railroad cars - Highway vehicles and railroad cars that are used for the - Highway vehicles, railroad cars,and pipelines used to transport of oil transport oil exclusively within the confines of non- transportation-related facility - Equipment used for the fueling of locomotive units,as well as the rights-of-way on which they operate. A facility with both transportation-related and non-transportation-related activities is a "complex" and is subject to the dual jurisdiction of EPA and DOT or USCG.The jurisdiction over a component of a complex is determined by the activity occurring at that component. An activity might at one time subject a facility to one agency's jurisdiction, and a different activity at the same facility using the same structure or equipment might subject the facility to the jurisdiction of another agency.The 1971 DOT-EPA MOU defines the activities that are subject to either EPA or DOT jurisdiction.Appendix H includes drawings that show EPA's regulatory jurisdiction at complexes.36 The sections below describe common scenarios that have raised jurisdictional questions regarding the distinction between transportation-related and non-transportation-related containers or facilities for applicability of SPCC requirements. EPA inspectors should evaluate the intended activity carefully because the determination of jurisdiction is not always straightforward. 36 See EPA Jurisdiction at Complexes in Appendix H. SPCC GUIDANCE FOR REGIONAL INSPECTORS 2-28 August 28, 2013