reglab/statecodes huggingface dataset:
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2075 - Civil Penalties Generally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When the State Fire Marshal has reason to believe that a person has committed
				  an act violating any provision of
				  49 U.S.C.
				  60101 et seq, 49 C.F.R. Parts 190, 195, 199,
				  and 40, or California Government Code section
				  51010 et
				  seq., or Title 19 of the California Code, the State Fire Marshal may initiate
				  proceedings to determine the nature and extent of the violations and
				  appropriate civil penalty.
1. Amendment
					 of subsection (a) filed 5-22-2002; operative 6-21-2002. Submitted to OAL for
					 printing only pursuant to Government Code section
					 51011
					 (Register 2002, No. 21).
2. Repealer and new section and amendment
					 of NOTE filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and
					 printing only pursuant to Government Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Sections
						51010,
						51011 and
						51018.6,
						Government Code. Reference: Sections
						51010,
						51011,
						51018.6
						and
						51018.8,
						Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2075.1 - Payment of Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Payment of a respondent of a civil penalty proposed, assessed, or compromised
				  under this Article must be made by certified check or money order payable to
				  CAL FIRE--Office of the State Fire Marshal. Except as provided by Section
				  2071.4, such payment is sent to
				  the Office of the State Fire Marshal, P.O. Box 944246, Sacramento, CA
				  94244-2460.
(b) If a respondent
				  fails to pay the full amount of a civil penalty assessed in a final order
				  issued under Section
				  2073.1 or make an offer in
				  compromise to the assessed penalty as provided by paragraph (c) of this section
				  within 20 days after receipt of the final order, the State Fire Marshal, may
				  refer the case to the Attorney General with a request that an action to collect
				  the assessed penalty be brought in the appropriate court to the extent
				  permitted under State law.
(c)
				  Within 20 days after the respondent's receipt of a final order assessing a
				  civil penalty issued under Section
				  2073, the respondent may offer to
				  compromise the assessed penalty by submitting in the manner required by
				  paragraph (a) of this section, payment in the amount offered. The State Fire
				  Marshal, or designee, may accept or reject the compromise offer on behalf of
				  the Office of the State Fire Marshal. If it is accepted, the respondent is
				  notified in writing that the acceptance is in full settlement of the civil
				  penalty action. If the compromise offer is rejected it will be returned to the
				  respondent with written notification. Within 20 days after the respondent's
				  receipt of such notification, payment of the full amount of the civil penalty
				  assessed in the final order becomes due. The provisions of paragraph (b) of
				  this section regarding court action for penalty collection apply upon failure
				  of the respondent to pay the assessed penalty within that time
				  period.
(d) If the respondent
				  elects to make an offer in compromise to a civil penalty proposed in a notice
				  of probable violation issued under Section
				  2071.3, the respondent shall do so
				  in accord with the procedures of Section
				  2071.4.
(e) Respondent waives all administrative and
				  judicial rights and remedies upon acceptance of civil penalty payments or
				  acceptance of an offer in compromise the State Fire Marshal.
1. New
					 section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and
					 printing only pursuant to Government Code section
					 51011
					 (Register 2022, No. 48).
Note: Authority cited: Sections
						51010,
						51011 and
						51018.6,
						Government Code. Reference: Sections
						51010,
						51011,
						51018.6
						and
						51018.8,
						Government Code.
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 2101 - Incorporated by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This Article incorporates by reference the following standards and forms:
(1) American Petroleum Institute Recommended
				  Practice 1175, "Pipeline Leak Detection - Program Management" (First Edition,
				  December 2015).
(2) American
				  Petroleum Institute Recommended Practice 1130, "Computational Pipeline
				  Monitoring for Liquids" (First Edition, September 2007, Reaffirmed April
				  2012).
(3) Notice of Intrastate
				  Hazardous Liquid Pipeline Construction, Form PSD-103 developed by the State
				  Fire Marshal (dated July 1, 2017).
(4) CAL FIRE - OFFICE OF THE STATE FIRE
				  MARSHAL, Download Ecologically And Environmentally Sensitive Sites In The
				  Coastal Zone (January 1, 2020).
(5)
				  If there is a conflict between provisions of this Article and standards found
				  in documents incorporated by reference, the provisions of this Article shall
				  control.
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 2102 - Identifying Pipelines Subject to this Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  It is the responsibility of an operator to identify pipelines that are subject
				  to or may be exempt from the requirements of this Article. At a minimum, the
				  operator must consider the following information in identifying or seeking to
				  exempt a pipeline from the provisions of this Article:
(1) The coastal zone boundary;
(2) The location of known environmentally and
				  ecologically sensitive areas.
(3)
				  If an environmentally and ecologically sensitive area connected to or located
				  in the coastal zone extends beyond the coastal zone, that portion of the
				  environmentally and ecologically sensitive area that extends beyond the coastal
				  zone is presumed to be subject to the requirements of this Article.
(4) If a pipeline intersects an
				  environmentally and ecologically sensitive area in the coastal zone or
				  intersects an environmentally and ecologically sensitive area with a connection
				  to the coastal zone, it is presumptively subject to the requirements of this
				  Article.
(5) If a pipeline is near
				  an environmentally and ecologically sensitive area in the coastal zone or near
				  an environmentally and ecologically sensitive area with a connection to the
				  coastal zone, it is presumptively subject to the requirements of this Article.
(A) Near is measured from the outer extent of
				  an environmentally and ecologically sensitive area or the coastal zone.
1. For environmentally and ecologically
				  sensitive area data represented by points for protective purposes, a ½
				  mile buffer is applied to the environmentally and ecologically sensitive area
				  point data.
2. For environmentally
				  and ecologically sensitive area data represented by polygons and/or line data,
				  the ½ mile buffer is applied to the outer extent of the environmentally
				  and ecologically sensitive area data.
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 2103 - Exemption for Pipelines Located Outside the Coastal Zone

Current through Register 2024 Notice Reg. No. 28, July 12, 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 an
				  exemption from applicable requirements of this Article if they can demonstrate,
				  through the submission of a risk analysis, that a spill from a pipeline will
				  not impact the coastal zone portion of an environmentally and ecologically
				  sensitive area.
(b) The State Fire
				  Marshal will assess the request for exemption based on the considerations and
				  requirements of this Article.
(c)
				  The request for an exemption from the provisions of this Article shall be
				  submitted to the State Fire Marshal no later than May 1, 2021.
(d) The risk analysis submitted with the
				  exemption request shall include, but not be limited to, the factors identified
				  in Section
				  2111 (Risk Analysis).
(e) Risk analysis submitted for exemption of
				  a pipeline will be evaluated, processed, and communicated to the operator by
				  the State Fire Marshal consistent with Section
				  2112 (Risk Analysis
				  Assessment).
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.
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

Current through Register 2024 Notice Reg. No. 28, July 12, 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.
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 2105 - Future Releases from Jurisdictional Pipelines Impacting Environmentally and Ecologically Sensitive Areas in the Coastal Zone

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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 2106 - Intrastate, Interstate, and Other Non-Jurisdictional Pipelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Should an Interstate pipeline or other pipeline that is not currently under the
				  jurisdiction of the State Fire Marshal, become reclassified as an Intrastate
				  pipeline or become jurisdictional to the State Fire Marshal, that pipeline
				  shall be subject to all the requirements of this Article.
(b) Operators will have 12-months from the
				  time the pipeline became jurisdictional to the State Fire Marshal 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 the pipeline became jurisdictional to the State Fire Marshal.
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,
						51016,
						51018.6,
						51018.7
						and
						51018.8,
						Government Code; and Sections
						60104 and
						60105, Title 49 of the United
						States Code.
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 2107 - Relocation of Pipelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The relocation of a pipeline is not considered a new or replacement
				  pipeline.
(b) The relocation of a
				  pipeline will be treated as an existing pipeline. If the relocation of a
				  pipeline results in a change to the pipeline profile or a change to the
				  pipeline operations that would impact the amount released in an environmentally
				  and ecologically sensitive area in the coastal zone, or where a release could
				  impact an environmentally and ecologically sensitive area in the coastal zone
				  because of the relocation, the pipeline will be required to comply with
				  applicable parts of this Article, including but not limited to the following:
				  Section 2117 (Risk Analysis Update And
				  Review), and Section
				  2111 (Risk Analysis).
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.
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 2108 - Timing for Compliance and Pipeline Prioritization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  On May 1, 2021, the State Fire Marshal shall commence enforcement of this
				  Article against any new or replacement pipeline near an environmentally and
				  ecologically sensitive area in the coastal zone that is required to use best
				  available technology.
(b) On
				  October 1, 2021, the State Fire Marshal shall commence enforcement of this
				  Article against an operator of an existing pipeline located near an
				  environmentally and ecologically sensitive area in the coastal zone that is
				  required to submit a risk analysis and a plan to retrofit existing pipelines
				  with the best available technology.
(c) On April 1, 2023, the State Fire Marshal
				  shall commence enforcement of this Article against an operator of an existing
				  pipeline located near an environmentally and ecologically sensitive area in the
				  coastal zone that is required to complete retrofit of existing pipelines with
				  the best available technology.
(1)
				  Prioritization of Pipeline Retrofits
(A)
				  Pipelines requiring retrofit to include best available technology shall be
				  prioritized by the operator. Operators should consider the following factors in
				  determining retrofit priority:
1. pipelines
				  posing a higher risk to environmentally and ecologically sensitive
				  areas;
2. pipelines in the coastal
				  zone;
3. pipelines located inland
				  from the coastal zone that pose a more immediate retrofit priority due to a
				  higher potential to impact or result in greater harm to environmentally and
				  ecologically sensitive areas over other
				  pipelines.
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 2109 - Use of Best Available Technology

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All operators of new, replacement, or existing pipelines shall use best
				  available technology as defined by this Article. Best available technology
				  includes, but is not limited to, the installation of leak detection technology,
				  automatic shutoff systems, remote controlled sectionalized block valves,
				  Emergency Flow Restriction Devices (EFRDs), or any combination of these
				  technologies.
(b) When considering
				  best available technologies, operators must evaluate leak detection technology,
				  automatic shutoff systems, remote controlled sectionalized block valves, EFRDs,
				  or any combination of these technologies, taking into consideration whether the
				  processes are currently in use and could be purchased anywhere in the
				  world.
(c) Operators shall conduct
				  and submit a risk analysis to the State Fire Marshal that evaluates and
				  proposes the use of best available technologies, among other requirements. The
				  risk analysis shall include, at a minimum, the requirements of Sections
				  2111 (Risk Analysis), 2112 (Risk
				  Analysis Assessment), and 2113 (Implementation Plan). The State Fire Marshal
				  will assess the adequacy of the risk analysis and supporting documentation
				  submitted by the operator.
(d) The
				  State Fire Marshal shall determine what is the best available technology and
				  shall consider the effectiveness and engineering feasibility of the technology
				  consistent with the criteria listed in Section
				  2110 (Best Available Technology
				  Determination).
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.
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 2110 - Best Available Technology Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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

Current through Register 2024 Notice Reg. No. 28, July 12, 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.
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 2113 - Implementation Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Operators are required to submit an initial Implementation Plan with the risk
				  analysis that outlines the time frame to implement the proposed best available
				  technologies.
(b) Within 60 days of
				  acceptance of the Risk Analysis pursuant to Section
				  2112 (State Fire Marshal Risk
				  Analysis Assessment) a detailed supplemental implementation plan must be
				  submitted or the State Fire Marshal shall take enforcement action consistent
				  with the timing for compliance requirements found in Section
				  2108 of this Article. Each plan
				  shall be effective upon acceptance.
(c) The supplemental implementation plan
				  shall include, at a minimum: introductory material, a timetable for
				  implementation and completion, a startup plan, a testing program, and training.
(1) The following introductory material shall
				  be included in the implementation plan:
(A)
				  name of the operator and State Fire Marshal pipeline ID number, and mailing
				  address if different. The name and State Fire Marshal pipeline ID number shall
				  be referenced in the title or on the title page at the front of the
				  documents;
(B) name, address, phone
				  number, and email address, if available, of the operator;
(C) a certification statement signed under
				  penalty of perjury by an executive within the management who is authorized to
				  fully implement the plan, who shall review the documents for accuracy,
				  effectiveness, and feasibility. If this executive does not have training,
				  knowledge, and experience in the area of planning, the certification statement
				  must also be signed by a person within the operator's management structure who
				  has the requisite training, knowledge, and experience. The certification shall
				  state:
"I certify, to the best of my knowledge and belief, under
					 penalty of perjury under the laws of the State of California, that the
					 information contained in this plan is true and correct and that the plan is
					 both effective and feasible."
__________(Signature) (Spelled Signature), (title),
					 (date).
(D) Include a list
				  of contacts and contact information for persons within the operator's company,
				  and any alternates, responsible for overseeing and implementing the plan. If
				  the operator contracts for this service, contact information and alternates for
				  the contractor shall be provided.
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 2114 - Notice of Any New Construction or Retrofit of Pipelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An operator shall notify the State Fire Marshal of any new construction or
				  retrofit of a pipeline subject to this Article by filing Form PSD-103 with the
				  State Fire Marshal Pipeline Safety Division at least 60 days before
				  construction begins.
1. New
					 section filed 8-31-2020; operative 10-1-2020 (Register 2020, No. 36).
Note: Authority cited: Sections
						51010,
						51013,
						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.
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 2115 - Testing Requirements and Test Failures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This Section describes the minimum testing requirements for best available
				  technologies installed on pipelines and for subsequent testing where installed
				  technologies fail to perform according to testing requirements. If there is a
				  conflict between provisions of this Section or Article and standards
				  incorporated by reference the provisions of this Section and Article shall
				  control.
(b) For Leak Detection
				  Systems, the operator shall:
(1) test the leak
				  detection capability and leak limitation effectiveness every 3 years from the
				  date of installation or initial operation, whichever is soonest;
(2) perform testing consistent with the
				  minimum standards contained in API RP 1175 (2015) Sections
				  8 and
				  9.
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 2116 - Training Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each plan submitted by an operator shall provide that all appropriate personnel
				  employed by the operator receive training in the use and operation of best
				  available technology installed on the pipeline. The plan shall describe:
(1) the procedures, type, and frequency of
				  training that each individual receives to achieve the level of qualification
				  demanded by their job description.
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 2117 - Risk Analysis Updates and Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Operators shall update their risk analysis and resubmit for State Fire Marshal
				  review once every 5 years from the date of the most recent Letter of Acceptance
				  issued under Section
				  2112 (State Fire Marshal Risk
				  Analysis Assessment).
(1) If the most
				  recently accepted risk analysis has not changed on or before the five-year
				  resubmittal due date, the operator may submit correspondence to the State Fire
				  Marshal stating that the risk analysis on file continues to limit the
				  consequences of a release from the pipeline or pipeline systems that could
				  affect an environmentally and ecologically sensitive area as identified in the
				  risk analysis. The correspondence should provide explanation and justification
				  for not updating the existing risk analysis. The operator shall consider best
				  available technology in the justification.
(A) The State Fire Marshal will review the
				  correspondence consistent with the provisions of this Article to determine if
				  the existing risk analysis and best available technology is adequate or must be
				  updated.
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 2118 - Record Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Operators shall maintain the risk analysis, implementation plan, testing
				  results, training requirements, and supporting documentation for the life of
				  the pipeline.
(b) Operators shall
				  maintain records, other than those identified in Subparagraph (a) of this
				  Section, for State Fire Marshal to review during inspections to demonstrate
				  compliance for a period of 6 years or three inspection cycles, whichever is
				  longer.
(c) All documentation must
				  be made available to the State Fire Marshal upon request.
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.
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 2119 - Confidential Treatment of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An operator may request confidential treatment of information submitted in the
				  risk analysis and plan(s) or contained in any documents associated with the
				  plan and/or risk analysis described in this Article, including, but not limited
				  to, information regarding the proposed location of automatic shutoff valves or
				  remote controlled sectionalized block valves.
(b) Submission of confidential information
(1) An operator submitting any records
				  containing information claimed to be confidential or otherwise exempt from
				  disclosure pursuant to the Public Records Act or under other applicable law
				  shall assert a claim of exemption in writing at the time of submission to the
				  State Fire Marshal. The operator requesting the exemption must:
(A) Clearly and distinctly identify each
				  paragraph, sentence, number, data, map, photograph, or other item, and provide
				  the specific legal authority for each item that the operator believes should be
				  withheld from public disclosure. Generic non-specific labeling of an entire
				  plan or risk analysis is not sufficient designation of information to be
				  withheld nor is it a sufficient assertion or preservation of the justification
				  for withholding information from public disclosure, and will not be
				  considered.
(B) Provide the name,
				  address, email address, and telephone number of the individual to be contacted
				  if the State Fire Marshal receives a request for disclosure of, or if the State
				  Fire Marshal seeks to disclose on its own, information claimed to be
				  confidential.
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 2120 - Enforcement and Compliance Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If an operator fails to meet the requirements of this Article or the
				  requirements of Government Code Section
				  51013.1,
				  the State Fire Marshal may take enforcement action pursuant to Government Code
				  Sections
				  51018.6,
				  51018.7,
				  and
				  51018.8 or
				  other applicable law.
1. New
					 section filed 8-31-2020; operative 10-1-2020 (Register 2020, No. 36).
Note: Authority cited: Sections
						51010,
						51013.1,
						51018.6,
						51018.7
						and
						51018.8,
						Government Code; and Sections
						60104 and
						60105, Title 49 of the United
						States Code. Reference: Sections
						51010,
						51013.1,
						51018.6,
						51018.7
						and
						51018.8,
						Government Code; and Sections
						60104 and
						60105, Title 49 of the United
						States Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 15

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				chapter 15, article 1, sections
				2200-2208 and appendices A and B,
				filed 2-7-2001; operative 3-9-2001. The conflict of interest code for the State
				Fire Marshal has been incorporated into the conflict of interest code for the
				Department of Forestry and Fire Protection (title 14, section
				890). Approved by Fair Political
				Practices Commission 12-1-2000 (Register 2001, No. 6). For prior history of
				chapter 15, see Register 95, No. 23.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 15 - Fire Hazard Severity Zone › Article 1 - Fire Hazard Severity Zone Classification › Section 2200 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply to Title 19 of the
					 California Code of Regulations (19 CCR), Division 1, Chapter 15, Article
					 1.
State Fire Marshal: The State Fire Marshal or their
					 designee.
Local responsibility area (LRA): Those areas of land
					 classified by the Board of Forestry and Fire Protection (Board) where the
					 financial responsibility of preventing and suppressing wildfires is not that of
					 the state or federal government, pursuant to Public Resources Code (PRC)
					 section 4125.
Portable document format (PDF): file format used to present
					 and exchange documents reliably, independent of software, hardware, or
					 operating system. PDF is an open standard maintained by the International
					 Organization for Standardization (ISO).
State Responsibility Area (SRA): As defined in Public
					 Resources Code section 4102.
Very high fire hazard severity zone (VHFHSZ): as defined in
					 Government Code section 51177(i).
Note: Authority cited: Sections 4202, 4203 and 4204,
						Public Resources Code. Reference: Sections 4125, 4201, 4202, 4203 and 4204,
						Public Resources Code; and Section 51178, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 15 - Fire Hazard Severity Zone › Article 1 - Fire Hazard Severity Zone Classification › Section 2201 - Fire Hazard Severity Zones in the SRA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The fire hazard severity zones and the rating reflecting
					 the degree of severity of fire hazard that is expected to prevail in those
					 zones, shall be designated by the State Fire Marshal and delineated on a map on
					 file in the Sacramento Office of the Department of Forestry and Fire
					 Protection, Office of the State Fire Marshal, Fire and Resources Assessment
					 Program, 715 P Street.
The map, approved by the Office of the State Fire Marshal,
					 is hereby incorporated by reference and entitled "State Responsibility Area
					 Fire Hazard Severity Zones," dated September 29, 2023.
The official map is also filed electronically on the
					 following website:
https://osfm.fire.ca.gov/fire-hazard-severity-zones
Note: Authority cited: Sections 4202, 4203 and 4204,
						Public Resources Code. Reference: Sections 4201, 4202, 4203 and 4204, Public
						Resources Code; and Section 51178, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 1 - GENERAL [REPEALED] › Section 2300 - Authority. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024.5, 51025, 51025.2 and
						51025.5, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 1 - GENERAL [REPEALED] › Section 2301 - Title. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024.5, 51025, 51025.2 and
						51025.5, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 1 - GENERAL [REPEALED] › Section 2302 - Scope. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024, 51024.5, 51025,
						51025.2 and 51025.5, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 1 - GENERAL [REPEALED] › Section 2303 - Validity. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024.5, 51025, 51025.2 and
						51025.5, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 1 - GENERAL [REPEALED] › Section 2304 - Local Ordinances. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024.5, 51025, 51025.2 and
						51025.5, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 1 - GENERAL [REPEALED] › Section 2305 - Waiver. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024.5, 51025, 51025.2 and
						51025.5, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 2 - DEFINITIONS [REPEALED] › Section 2325 - Chemical Plant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Sections 51020.5, 51021, 51021.5, 51022, 51024.5, 51025, 51025.2 and
						51025.5, Government Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 2 - DEFINITIONS [REPEALED] › Section 2325.1 - Handle. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Section 51021.5, Government
						Code.
California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 16 - Oil Refinery and Chemical Plant Safety Preparedness Program [Repealed] › Article 2 - DEFINITIONS [REPEALED] › Section 2326 - Local Agency. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 51025, Government Code.
						Reference: Section 51024, Government
						Code.