Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG
Section 109.03 - Applications for Exceptions from Provisions of 220 CMR 109.00

Universal Citation: 220 MA Code of Regs 220.109
Current through Register 1531, September 27, 2024

Any person engaged in the design, construction, operation, or maintenance of a pipeline with an MAOP in excess of 200 psig may make a written request to the Department for an exception to the provisions of 220 CMR 109.00, in whole or in part. The request shall justify why the exception should be granted and shall demonstrate why the exception does not derogate from the safety objectives of 220 CMR 109.00. The request shall include details on the need for the exception, specific information on the circumstances surrounding the exception, the provisions of the regulations from which exception is sought, and a description of any safety consequences that might result from the exception. Documentation in support of the request shall also be submitted.

The Department may, after consideration and the payment of the appropriate fee, issue a written decision denying the exception or granting the exception as requested or as modified by the Department and subject to conditions. An exception may be granted or denied in writing by the Director of the Pipeline Safety Division, or by the Director's functional successor in the event of an internal reorganization of the Department. Any person aggrieved by a decision of the Director may appeal the decision to the Department. Any appeal shall be in writing and shall be made not later than ten business days following issuance of the written decision.

In an emergency, a verbal request for an exception may be granted by the Department or the Director, provided that the verbal request is subsequently confirmed in writing within seven days of the exception being granted.

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