1. (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. (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.

      1. (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.
   2. (2) A new risk analysis shall be required if a pipeline is near a newly identified or previously unidentified environmentally and ecologically sensitive area in the coastal zone that could be affected by a pipeline release.
   3. (3) If the risk analysis on file is over five years old from the date of the most recent Letter of Acceptance, and the operator has not submitted 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 as identified in the risk analysis, the operator must submit a new or updated risk analysis.

2. (b) The State Fire Marshal may require earlier or more frequent resubmission or updates than required in Subparagraph (a) of this section. The operator shall be notified in writing if an earlier resubmission or update is required. The notice shall include an explanation of the reasons for the resubmission or update. Circumstances that may warrant an earlier resubmission or update include the following:

   1. (1) a change in applicable law, statute, or regulation;
   2. (2) the development of new best available technologies as determined by the State Fire Marshal during any review of risk analysis;
   3. (3) deficiencies identified in the State Fire Marshal review of risk analysis;
   4. (4) deficiencies identified in the risk analysis following an oil spill;
   5. (5) deficiencies identified in risk analysis following testing pursuant to Section 2115 (Testing Requirements and Test Failures);
   6. (6) significant changes to the pipeline operations or profile;
   7. (7) any other situation deemed appropriate by the State Fire Marshal where deficiencies in risk analysis or best available technology are identified.

3. (c) The State Fire Marshal may require earlier or more frequent resubmission or updates than required under Subparagraph (a) of this section when an operator transfers operations of a pipeline. It is the responsibility of all operators involved in the pipeline transfer to notify State Fire Marshal in writing of the transfer. The State Fire Marshal shall review the risk analysis on file and determine if a resubmission or update is required. If a resubmission or update is required, the State Fire Marshal shall notify the operators in writing of this determination and shall include an explanation of the reasons for the resubmission or update. Circumstances that may warrant an earlier resubmission or update include, but are not limited to, the following:

   1. (1) the sale, purchase, or transfer of a pipeline to an operator;
   2. (2) the sale, purchase, or transfer of a pipeline by an operator;
   3. (3) the assumption of a pipeline's operations to an operator;
   4. (4) the assumption of a pipeline's operations by an operator; or
   5. (5) any other situation deemed appropriate by the State Fire Marshal, including but not limited to, where a pipeline is sold, purchased, transferred, or operations are assumed by or to an operator.

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).