Appendix A to Part 112 - Memorandum of Understanding Between the Secretary of Transportation and the Administrator of the Environmental Protection Agency
40:24.0.1.1.7.4.6.3.1 : Appendix A
Appendix A to Part 112 - Memorandum of Understanding Between the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency section ii - definitions
The Environmental Protection Agency and the Department of
Transportation agree that for the purposes of Executive Order
11548, the term:
(1) Non-transportation-related onshore and offshore
facilities means:
(A) Fixed onshore and offshore oil well drilling facilities
including all equipment and appurtenances related thereto used in
drilling operations for exploratory or development wells, but
excluding any terminal facility, unit or process integrally
associated with the handling or transferring of oil in bulk to or
from a vessel.
(B) Mobile onshore and offshore oil well drilling platforms,
barges, trucks, or other mobile facilities including all equipment
and appurtenances related thereto when such mobile facilities are
fixed in position for the purpose of drilling operations for
exploratory or development wells, but excluding any terminal
facility, unit or process integrally associated with the handling
or transferring of oil in bulk to or from a vessel.
(C) Fixed onshore and offshore oil production structures,
platforms, derricks, and rigs including all equipment and
appurtenances related thereto, as well as completed wells and the
wellhead separators, oil separators, and storage facilities used in
the production of oil, but excluding any terminal facility, unit or
process integrally associated with the handling or transferring of
oil in bulk to or from a vessel.
(D) Mobile onshore and offshore oil production facilities
including all equipment and appurtenances related thereto as well
as completed wells and wellhead equipment, piping from wellheads to
oil separators, oil separators, and storage facilities used in the
production of oil when such mobile facilities are fixed in position
for the purpose of oil production operations, but excluding any
terminal facility, unit or process integrally associated with the
handling or transferring of oil in bulk to or from a vessel.
(E) Oil refining facilities including all equipment and
appurtenances related thereto as well as in-plant processing units,
storage units, piping, drainage systems and waste treatment units
used in the refining of oil, but excluding any terminal facility,
unit or process integrally associated with the handling or
transferring of oil in bulk to or from a vessel.
(F) Oil storage facilities including all equipment and
appurtenances related thereto as well as fixed bulk plant storage,
terminal oil storage facilities, consumer storage, pumps and
drainage systems used in the storage of oil, but excluding inline
or breakout storage tanks needed for the continuous operation of a
pipeline system and any terminal facility, unit or process
integrally associated with the handling or transferring of oil in
bulk to or from a vessel.
(G) Industrial, commercial, agricultural or public facilities
which use and store oil, but excluding any terminal facility, unit
or process integrally associated with the handling or transferring
of oil in bulk to or from a vessel.
(H) Waste treatment facilities including in-plant pipelines,
effluent discharge lines, and storage tanks, but excluding waste
treatment facilities located on vessels and terminal storage tanks
and appurtenances for the reception of oily ballast water or tank
washings from vessels and associated systems used for off-loading
vessels.
(I) Loading racks, transfer hoses, loading arms and other
equipment which are appurtenant to a nontransportation-related
facility or terminal facility and which are used to transfer oil in
bulk to or from highway vehicles or railroad cars.
(J) Highway vehicles and railroad cars which are used for the
transport of oil exclusively within the confines of a
nontransportation-related facility and which are not intended to
transport oil in interstate or intrastate commerce.
(K) Pipeline systems which are used for the transport of oil
exclusively within the confines of a nontransportation-related
facility or terminal facility and which are not intended to
transport oil in interstate or intrastate commerce, but excluding
pipeline systems used to transfer oil in bulk to or from a
vessel.
(2) Transportation-related onshore and offshore
facilities means:
(A) Onshore and offshore terminal facilities including transfer
hoses, loading arms and other equipment and appurtenances used for
the purpose of handling or transferring oil in bulk to or from a
vessel as well as storage tanks and appurtenances for the reception
of oily ballast water or tank washings from vessels, but excluding
terminal waste treatment facilities and terminal oil storage
facilities.
(B) Transfer hoses, loading arms and other equipment appurtenant
to a non-transportation-related facility which is used to transfer
oil in bulk to or from a vessel.
(C) Interstate and intrastate onshore and offshore pipeline
systems including pumps and appurtenances related thereto as well
as in-line or breakout storage tanks needed for the continuous
operation of a pipeline system, and pipelines from onshore and
offshore oil production facilities, but excluding onshore and
offshore piping from wellheads to oil separators and pipelines
which are used for the transport of oil exclusively within the
confines of a nontransportation-related facility or terminal
facility and which are not intended to transport oil in interstate
or intrastate commerce or to transfer oil in bulk to or from a
vessel.
(D) Highway vehicles and railroad cars which are used for the
transport of oil in interstate or intrastate commerce and the
equipment and appurtenances related thereto, and equipment used for
the fueling of locomotive units, as well as the rights-of-way on
which they operate. Excluded are highway vehicles and railroad cars
and motive power used exclusively within the confines of a
nontransportation-related facility or terminal facility and which
are not intended for use in interstate or intrastate commerce.