Reclassifying a Breakout Tank to Non-Jurisdictional Status

According to 49 CFR §195.2, a "breakout tank" is defined as a tank used to (a) relieve surges in a hazardous liquid pipeline system or (b) receive and store hazardous liquid for reinjection and continued transportation by pipeline.

If an operator determines that a tank is no longer serving its intended purpose or meets the necessary criteria, they may choose to abandon or reclassify it to non-jurisdictional status to avoid ongoing inspection requirements. 

Typical Scenarios for Reclassifying a Breakout Tank

  1. Terminal Deactivation: When both the incoming and outgoing pipelines at a terminal are abandoned, the terminal falls out of regulation under Part 195 and California Government Code. Consequently, the OSFM - Pipeline Safety Division will no longer oversee any tanks at that terminal. Operators can request to have these tanks removed from our safety program. Once approved, the tanks will be removed from our inspection program.
  2. Conversion to Storage: If a tank is repurposed for storage only and is no longer used to relieve surges or store products for reinjection, it may no longer be considered a breakout tank. Since a breakout tank must either relieve surges or store products for reinjection, a change in its function could mean it is no longer subject to our regulatory oversight. Operators may request to have these tanks removed from our safety program.
  3. Removal from Service: If an operator intends to remove a tank from service, they must identify the specific tank and demonstrate that it is no longer used as a breakout tank. For instance, an operator may clean a breakout tank, isolate with an air gap from the facility piping, and formally abandon the tank. After these steps are completed, the operator can request to have the tank removed from the safety program.

Procedure for Reclassifying a Breakout Tank

To reclassify a previously regulated breakout tank to non-jurisdictional status, follow these steps:

  1. Jurisdictional Evaluation Request: Please submit your request to PipelineNotification@fire.ca.gov, including:
    1. A letter of intent, 
    2. P&ID diagrams, 
    3. Supporting documents (e.g., photos, field reports)
    4. Facility location including address and name of facility
    5. GPS coordinates of the tank and name of tank (if any)
  2. Field Inspection and/or Record Review: The OSFM will review the jurisdictional evaluation request and may conduct a field inspection to verify the tank’s status.
  3. Confirmation: The OSFM will issue a formal letter confirming or rejecting the jurisdictional evaluation request.