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 2112 - State Fire Marshal Risk Analysis Assessment

Universal Citation: 19 CA Code of Regs 2112

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

(a) Timeframes

(1) Each Risk Analysis shall be accepted or denied within 90 days after receipt by the State Fire Marshal. The State Fire Marshal may extend the assessment period beyond 90 days for good cause, and shall notify the operator in writing of the extension.

(2) The State Fire Marshal shall determine whether each risk analysis is adequate and complies with this Article. If a risk analysis is determined inadequate, a written explanation of deficiencies, and, if practicable, suggested modifications or alternatives, shall be sent to the operator.

(3) Upon notification of risk analysis deficiencies, the operator will have 30 days to submit a new or revised risk analysis. The resubmittal shall be treated as a new submittal and processed according to the provisions of this Article.

(b) Determination of Adequacy

(1) A risk analysis will be determined to be adequate if it provides for the use of the best available technology to reduce the amount of oil released in an oil spill to protect state waters and wildlife. The State Fire Marshal shall determine what is the best available technology and shall consider the effectiveness and engineering feasibility of the technology when making this determination based on criteria found in Section 2110 (Best Available Technology Determination).

(2) To be determined adequate, at a minimum, each risk analysis shall include the requirements from Section 2109 (Use Of Best Available Technology), Section 2110 (Best Available Technology Determination), and Section 2111 (Risk Analysis).

(3) In assessing the adequacy of a risk analysis, the State Fire Marshal shall consider, the following:

(A) evaluation of assumptions and conclusions reached by an operator;

(B) analysis of operator methodology in calculating spill trajectory or trajectories;

(C) where applicable, review of analysis and justification that operators have used to reach a conclusion that a pipeline should be exempt from this Article under Section 2103 (Exemption for Pipelines Located Outside the Coastal Zone) or Section 2104 (Deferral for Pipelines with Existing Best Available Technology);

(D) existing technology or technologies currently installed on the pipeline;

(E) pipeline specific characteristics;

(F) additional information that may be relevant to the State Fire Marshal when assessing or determining the adequacy of a risk analysis based on the criteria in this Section.

(d) The operator shall be notified when a risk analysis and plan is accepted as adequate. A Letter of Acceptance will be issued by the State Fire Marshal and will describe the conditions of acceptance, if any. The risk analysis will not be considered adequate until the operator is notified by a Letter of Acceptance from the State Fire Marshal.

(e) The State Fire Marshal shall commence enforcement consistent with the timing for compliance requirements found in Section 2108 of this Article.

(f) Operators must receive a written Letter of Acceptance of the risk analysis to implement the use of best available technology prior to commencing construction consistent with the requirements of Section 2114 (Notice of Any New Construction or Retrofit).

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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