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FYI—EPA/DOT jurisdiction Equipment, operations,and facilities are subject to DOT jurisdiction when they are engaged in activities subject to DOT jurisdiction. If those same facilities are also engaged in activities subject to EPA jurisdiction (such facilities are considered a "complex"),such activities would subject the equipment,operation,or facility to EPA jurisdiction,as well. During the development of the FRP rule, EPA and other federal agencies with jurisdiction under the Oil Pollution Act (OPA)and Executive Order 12777(including DOT) met to create an implementation strategy that minimized duplication, wherever practicable and recognized State oil pollution prevention and response programs.One of the critical outgrowths of these efforts was the development of a definition for,and a consistent approach to regulate "complexes." The jurisdiction over a component of a complex is determined by the activity involving that component.An activity at one time might subject a facility to one agency's jurisdiction,while a different activity at the same facility using the same structure,container or equipment might subject the facility to the jurisdiction of another agency. (see 74 FR 58804,November 13,2009) 2.5.1 Tank Trucks EPA regulates tank trucks (or mobile refuelers) as "mobile/portable containers" under the SPCC rule if they operate exclusively within the confines of a non-transportation-related facility. For example, a tank truck that moves within the confines of a facility and only leaves the facility to obtain more fuel (oil)would be considered to distribute fuel exclusively at one facility.This tank truck would be subject to the SPCC rule if it, or the facility, contained above the regulatory threshold amount (see Section 2.7) and there was a reasonable expectation of discharge to navigable waters or adjoining shorelines. Similarly, a mobile refueler that fuels exclusively at one site, such as at an airport or construction site,would be subject to the SPCC rule. However, if the tank truck only distributed fuel to multiple off-site facilities and did not perform fueling activities at the home base, the tank truck would be transportation-related, and regulated by DOT. Additionally, EPA regulates containers which were formerly used for transportation, such as a truck or railroad car, and are now used to store oil (i.e., no longer used for a transportation purpose) as a bulk storage container(see 67 FR 47075,July 17, 2002). Tank trucks that are used in interstate or intrastate commerce can also be regulated if they are operating in a fixed, non-transportation mode. For example, if a home heating oil truck makes its deliveries, returns to the facility, and parks overnight with a partly filled fuel tank, it is subject to the SPCC rule if it, or the facility has a capacity above the threshold amount(see Section 2.7), and there is a reasonable expectation of discharge to navigable waters or adjoining shorelines.37 However, if the home heating oil truck's fuel tank contains no oil when it is parked at the facility, other than any residual oil present in an emptied vehicle, it would be regulated only by DOT.38 For more information on the secondary containment requirements for 37 In this case,the facility would include the truck storage capacity in its aggregate capacity determination in order to determine whether it is above the 1,320 gallon aboveground threshold for SPCC applicability. 38 EPA addressed this scenario in a letter from Stephen Heare,Office of Emergency and Remedial Response,to Melissa Young of Petroleum Marketers Association of America(2001).See Appendix H. SPCC GUIDANCE FOR REGIONAL INSPECTORS 2-29 August 28, 2013