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§ 2105. Future Releases from Jurisdictional Pipelines Impacting Environmentally and Ecologicall...

19 CA ADC § 2105Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 19. Public Safety
Division 1. State Fire Marshal
Chapter 14. Hazardous Liquid Pipeline Safety
Article 7. Requirements for New or Replacement Pipeline near Environmentally and Ecologically Sensitive Areas in the Coastal Zone; Plan to Retrofit Existing Pipelines; Notification to State Fire Marshal of New Construction or Retrofit of Pipeline; Consultation with Office of Spill Prevention and Response
19 CCR § 2105
§ 2105. Future Releases from Jurisdictional Pipelines Impacting Environmentally and Ecologically Sensitive Areas in the Coastal Zone.
Currentness
(a) If there is a release from a pipeline that impacts an environmentally and ecologically sensitive area in the coastal zone, the following shall occur:
(1) If the pipeline was not subject to the requirements of this Article, based on considerations found in Section 2102 (Identifying Pipelines Subject To This Article) or if the pipeline received an exemption under Section 2103 (Exemption for Pipelines Located Outside the Coastal Zone) or deferral Section 2104 (Deferral for Pipelines With Existing Best Available Technology), the pipeline shall immediately become subject to the requirements of this Article, and:
(A) The operator of the pipeline will provide a report (within 90 days) to the State Fire Marshal analyzing the release in relation to the exemption request risk analysis previously submitted pursuant to Section 2103 (Exemption for Pipelines Located Outside the Coastal Zone) or Section 2104 (Deferral for Pipelines With Existing Best Available Technology). The report shall include the following:
1. an evaluation and failure analysis of all the factors considered in the risk analysis conducted pursuant to Section 2103 (Exemption for Pipelines Located Outside the Coastal Zone) or Section 2104 (Deferral for Pipelines With Existing Best Available Technology), including lessons learned and best practices for change going forward;
2. a description of how the operator intends to address the failure to meet the risk analysis exemption or deferral expectations; and
3. the operator must review other pipelines that received an exemption or deferral and reevaluate those risk analyses based on lessons learned from the release.
(2) If the pipeline was subject to the requirements of this Article:
(A) The operator of the pipeline will provide a report (within 90 days) to the State Fire Marshal analyzing the release in relation to the risk analysis previously submitted pursuant to the requirements of this Article. The report shall include, but not be limited to the following:
1. an evaluation and failure analysis of whether the best available technology used on the pipeline performed as expected in the risk analysis submitted to the State Fire Marshal. The evaluation shall consider, but not be limited to all the factors considered in this Article;
2. if the best available technology failed to meet the expectation in the risk analysis, the operator must identify the failures; and identify how the operator intends to address the failure to meet the risk analysis expectations through a plan submitted to the State Fire Marshal. The plan shall consider all the factors identified in this Article.
(3) The State Fire Marshal may identify additional requirements for inclusion in the report required by this Section but not identified here based on the facts and circumstances of the release. The additional information in the report shall be used to more effectively evaluate factors leading to the release and how best available technology performed or failed to perform as anticipated to better protect the public and environmentally and ecologically sensitive areas.
(4) Following a release as described in this Section, operators must submit a new risk analysis and implementation plan to the State Fire Marshal consistent with the requirements of this Article. The State Fire Marshal shall evaluate the adequacy of the new risk analysis and implementation plan in conjunction with the report required in this Section.
(A) Operators will have 12-months from the time the pipeline suffered the release to submit a risk analysis and implementation plan to the State Fire Marshal. The implementation plan shall specify retrofit completion within 30-months of the date of the release.

Credits

Note: Authority cited: Sections 51010, 51013.1, 51013.5 and 51015, Government Code; and Sections 60104 and 60105, Title 49 of the United States Code. Reference: Sections 51010, 51010.5, 51013, 51013.1, 51013.5, 51015, 51015.4, 51015.5, 51016, 51018, 51018.6, 51018.7 and 51018.8, Government Code; and Sections 60104 and 60105, Title 49 of the United States Code.
History
1. New section filed 8-31-2020; operative 10-1-2020 (Register 2020, No. 36).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 19, § 2105, 19 CA ADC § 2105
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