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
Section 2104 - Deferral for Pipelines with Existing Best Available Technology

Universal Citation: 19 CA Code of Regs 2104

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) An operator of a pipeline identified in Section 2102 (Identifying Pipelines Subject to This Article) as being subject to this article, may request deferral from applicable requirements of this Article if they can demonstrate, through the submission of a risk analysis, that a pipeline is currently using the best available technology.

(b) The State Fire Marshal will assess the request for deferral based on the considerations and requirements of this Article.

(c) The request for deferral from the provisions of this Article shall be submitted to the State Fire Marshal no later than May 1, 2021.

The risk analysis submitted with the deferral request shall include, but not be limited to, the factors identified in Section 2111 (Risk Analysis).

(e) Risk analysis submitted for deferral of a pipeline will be evaluated, processed, and communicated to the operator by the State Fire Marshal consistent with Section 2112 (Risk Analysis Assessment).

(f) Pipelines that receive a deferral based on the submitted risk analysis must comply with Section 2117 (Risk Analysis Updates And Review).

1. New section filed 8-31-2020; operative 10-1-2020 (Register 2020, No. 36).

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.

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