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Chapter 2:Applicability adjacent to the storage tank.Appendix H includes drawings that show EPA's regulatory jurisdiction at complexes, including an example of a marine terminal.40 2.5.5 Vessels (Ships/Barges) The U.S. Coast Guard regulates the loading or unloading of oil in bulk from a vessel to an onshore facility, as well as the oil-carrying vessel and the connecting piping (33 CFR part 155, Oil or Hazardous Material Pollution Prevention Regulations for Vessels). In this scenario, a vessel is a ship or a barge.The oil passes from the USCG's jurisdiction to that of the EPA when it passes the first valve inside the secondary containment for the storage container at an otherwise regulated facility. If there is no secondary containment, EPA's jurisdiction begins at the first valve or manifold closest to the storage container. Storage tanks and appurtenances for the reception of oily ballast water or tank washings from vessels are under USCG jurisdiction. Vessels themselves are specifically exempt from 40 CFR part 112 under§112.1(d)(1)(iii). EPA also clarified that barges or other watercraft that store oil, and have been determined by the Coast Guard to be permanently moored, are no longer vessels, but storage containers that are part of an offshore facility (67 FR 47075,July 17, 2002). 2.5.6 Breakout Tanks Although breakout tanks can be used to relieve surges in an oil pipeline system or to receive and store oil transported by a pipeline for reinjection and continued transportation by pipeline,they are sometimes used for bulk storage (i.e., non-transportation-related storage).Thus, breakout tanks may be regulated by EPA, DOT, or both depending on how the tank is used. Breakout tanks used solely to relieve surges in a pipeline, not used for any non-transportation-related activity(i.e., pipeline-in and pipeline-out configuration, and with no transfer to other equipment/mode of transportation such as a tank truck), are not subject to EPA jurisdiction. Bulk storage containers used to store oil while also serving as a breakout tank for a pipeline or other transportation- related purposes may be subject to both EPA and DOT jurisdiction.41 Determining agency jurisdiction can be difficult and should be treated on a case-by-case basis. However, additional information can be found in Appendix H which includes drawings that show EPA's regulatory jurisdiction at complexes.42 40 See EPA Jurisdiction at Complexes. 41 See the 1971 MOU between DOT and EPA(Appendix A of 40 CFR part 112). 42 See EPA Jurisdiction at Complexes for specific examples. SPCC GUIDANCE FOR REGIONAL INSPECTORS 2-31 August 28, 2013