What is a non-transportation related facility?
Non-transportation related facilities are defined as industrial, commercial, agricultural or public facilities that use (and store) oil. They are exclusive of any terminal facility, unit or process integrally associated with the handling or transferring of oil in bulk to or from a vessel. It must be noted, however, that the definition also includes loading racks, transfer hoses, loading arms and other equipment at a facility which are used to transfer oil to or from highway vehicles or railroad cars. Highway vehicles, railroad cars and pipeline systems used to transport oil are considered non-transportation related as long as they are used exclusively within the confines of the facility.
The term non-transportation related facility is fully defined in a Memorandum of Understanding between the Secretary of Transportation and the EPA Administrator, dated November 24, 1971. To paraphrase the MOU, non-transportation related facilities are 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 . However, the definition also includes loading racks, transfer hoses, loading arms and other equipment at a facility which are used to transfer oil to or from highway vehicles or railroad cars. Highway vehicles, railroad cars and pipeline systems used to transport oil are considered non-transportation related so long as they are used exclusively within the confines of the facility. If they are used in interstate or intrastate commerce, then they are defined to be transportation related .
