Appendix B to Part 112 - Memorandum of Understanding Among the Secretary of the Interior, Secretary of Transportation, and Administrator of the Environmental Protection Agency
40:24.0.1.1.7.4.6.3.2 : Appendix B
Appendix B to Part 112 - Memorandum of Understanding Among the
Secretary of the Interior, Secretary of Transportation, and
Administrator of the Environmental Protection Agency Purpose
This Memorandum of Understanding (MOU) establishes the
jurisdictional responsibilities for offshore facilities, including
pipelines, pursuant to section 311 (j)(1)(c), (j)(5), and (j)(6)(A)
of the Clean Water Act (CWA), as amended by the Oil Pollution Act
of 1990 (Public Law 101-380). The Secretary of the Department of
the Interior (DOI), Secretary of the Department of Transportation
(DOT), and Administrator of the Environmental Protection Agency
(EPA) agree to the division of responsibilities set forth below for
spill prevention and control, response planning, and equipment
inspection activities pursuant to those provisions.
Background
Executive Order (E.O.) 12777 (56 FR 54757) delegates to DOI,
DOT, and EPA various responsibilities identified in section 311(j)
of the CWA. Sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777
assigned to DOI spill prevention and control, contingency planning,
and equipment inspection activities associated with offshore
facilities. Section 311(a)(11) defines the term “offshore facility”
to include facilities of any kind located in, on, or under
navigable waters of the United States. By using this definition,
the traditional DOI role of regulating facilities on the Outer
Continental Shelf is expanded by E.O. 12777 to include inland
lakes, rivers, streams, and any other inland waters.
Responsibilities
Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and EPA
and DOT agree to assume, the functions vested in DOI by sections
2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 as set forth below. For
purposes of this MOU, the term “coast line” shall be defined as in
the Submerged Lands Act (43 U.S.C. 1301(c)) to mean “the line of
ordinary low water along that portion of the coast which is in
direct contact with the open sea and the line marking the seaward
limit of inland waters.”
1. To EPA, DOI redelegates responsibility for
non-transportation-related offshore facilities located landward of
the coast line.
2. To DOT, DOI redelegates responsibility for
transportation-related facilities, including pipelines, located
landward of the coast line. The DOT retains jurisdiction for
deepwater ports and their associated seaward pipelines, as
delegated by E.O. 12777.
3. The DOI retains jurisdiction over facilities, including
pipelines, located seaward of the coast line, except for deepwater
ports and associated seaward pipelines delegated by E.O. 12777 to
DOT.
Effective Date
This MOU is effective on the date of the final execution by the
indicated signatories.
Limitations
1. The DOI, DOT, and EPA may agree in writing to exceptions to
this MOU on a facility-specific basis. Affected parties will
receive notification of the exceptions.
2. Nothing in this MOU is intended to replace, supersede, or
modify any existing agreements between or among DOI, DOT, or
EPA.
Modification and Termination
Any party to this agreement may propose modifications by
submitting them in writing to the heads of the other
agency/department. No modification may be adopted except with the
consent of all parties. All parties shall indicate their consent to
or disagreement with any proposed modification within 60 days of
receipt. Upon the request of any party, representatives of all
parties shall meet for the purpose of considering exceptions or
modifications to this agreement. This MOU may be terminated only
with the mutual consent of all parties.
Dated: November 8, 1993.
Bruce Babbitt,
Secretary of the Interior.
Dated: December 14, 1993.
Federico Peña,
Secretary of Transportation.
Dated: February 3, 1994.
Carol M. Browner,
Administrator, Environmental Protection Agency.
[59 FR 34102, July 1, 1994]