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§ 2110. Best Available Technology Determination.

19 CA ADC § 2110Barclays 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 § 2110
§ 2110. Best Available Technology Determination.
Currentness
(a) The State Fire Marshal shall review risk analyses, plans, and other associated materials required by this Article and make a best available technology determination based on the following criteria. These criteria are subject to a field performance evaluation to substantiate operator claims:
(1) The effectiveness of each technology in terms of sensitivity, accuracy, reliability, and robustness;
(2) The engineering feasibility of each technology considering operational aspects of the pipeline;
(3) Whether each technology provides the greatest degree of protection;
(4) Whether each technology limits the quantity of release in the event of a spill;
(5) Whether each technology is the best in use in other similar situations and is available for use by the operator;
(6) Whether each technology is transferable to the operator's pipeline operations;
(7) Whether there is a reasonable expectation that each technology will provide increased spill prevention, spill volume reduction, or other environmental benefits;
(8) The age and condition of the technology currently in use on the pipeline;
(9) Whether each technology is compatible with existing operations and technologies in use by the applicant;
(10) Regional considerations (i.e., long pipeline distances, changes in elevation, underwater environments, limited access to pipe segments).
(11) Any other information that may be relevant or appropriate when rendering a determination of best available technology based on the criteria in this Section.
(b) Operators must include a written justification that the technology proposed for use is the best available for the applied operations of the pipeline.
(c) If the State Fire Marshal determines that a technology proposed for use by the applicant is not the best available technology, the State Fire Marshal will provide a written finding explaining the decision consistent with the provisions found in Section 2112 (State Fire Marshal Risk Analysis Assessment).

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 and 51016, 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, § 2110, 19 CA ADC § 2110
End of Document