What is a complex and how is it regulated?

Clarification regarding regulatory jurisdiction of complex facilities by EPA and DOT

EPA, the U.S. Department of Transportation, and the U.S. Coast Guard share jurisdiction for oil discharge prevention from vessels and onshore and offshore facilities landward of the coastline, while the Department of the Interior’s Bureau of Safety and Environmental Enforcement maintains jurisdiction over offshore facilities seaward of the coastline (e.g., oil rigs). Specifically, DOT regulates transportation-related activities, including moving oil by pipelines, trucks, rail cars, and ships, while EPA regulates non-transportation-related activities, including largely stationary sources such as oil refineries. USCG has jurisdiction over vessels and marine-transportation related facilities that transfer oil to and from vessels.  

However, some facilities have both transportation-related and non-transportation-related activities and may be regulated by a combination of EPA, DOT, and/or USCG. These facilities are complexes and must comply with all the regulatory requirements of each agency, as applicable. You can find helpful diagrams at EPA Jurisdiction at Complexes, August 2013 (pdf) (978.01 KB). Where practical, each agency is responsible for regulating “a complete operation.” “Operations” means drilling, producing, refining, storing, transferring, transporting, using, and disposing of oil. This means that operations can have overlapping regulations that cover multiple operations.

Policy History

A 1971 Memorandum of Understanding between DOT and EPA on Transportation-Related Facilities (1971 MOU) outlines policies and guidelines relating to the definition of transportation and non-transportation related onshore and offshore facilities and the responsibilities of EPA and the USCG for preventing oil discharges from vessels and onshore and offshore facilities. Further, a 2000 Memorandum of Agreement (2000 MOA) between DOT and EPA clarified jurisdictional issues and established mutual goals for DOT and EPA. The 2000 MOA did not amend or redelegate any responsibilities agreed to under the 1971 MOU.

Section I of the 1971 MOU states: "It is recognized that the life-cycle of oil is characterized by various operations conducted at many different types of facilities. Most facilities necessarily engage in more than one type of operation. These operations include drilling, producing, refining, storing, transferring, transporting, using, and disposing. To the extent possible and considering agency resource capabilities and expertise, it is considered most practical to assign one agency the responsibility for regulating a complete operation at any one facility. The Department of Transportation will generally be responsible for regulating the transferring of oil to or from a vessel at any facility including terminal facilities; the transporting of oil via highway, pipeline, railroad, or vessel; and certain storing operations. The Environmental Protection Agency will generally be responsible for regulating drilling, producing, refining, storing, disposing, and certain transferring operations at various types of facilities.”

The 2000 MOA further clarifies jurisdictional issues by indicating which parts of complex facilities are regulated by USCG or DOT and which are regulated by EPA. It is important to note that a complex facility can include a range of systems, from an entire facility to a single tank. When a tank serves both a transportation and a non-transportation role, it is itself a complex facility and therefore may be covered by multiple federal regulations and regulated by both EPA and DOT or USCG.