La. Admin. Code tit. 43 § XIII-3305

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIII-3305 - How Does an Operator Identify a High Consequence Area? [49 CFR 192.905]

A. General. To determine which segments of an operator's transmission pipeline system are covered by this Chapter, an operator must identify the high consequence areas. An operator must use Method a or b from the definition in §3303 to identify a high consequence area. An operator may apply one method to its entire pipeline system, or an operator may apply one method to individual portions of the pipeline system. An operator must describe in its integrity management program which method it is applying to each portion of the operator's pipeline system. The description must include the potential impact radius when utilized to establish a high consequence area. (See §5109, Appendix E.I for guidance on identifying high consequence areas.) [ 49 CFR 192.905(a)]

B. Identified Sites. An operator must identify an identified site, for purposes of this Chapter, from information the operator has obtained from routine operation and maintenance activities and from public officials with safety or emergency response or planning responsibilities who indicate to the operator that they know of locations that meet the identified site criteria. These public officials could include officials on a local emergency planning commission or relevant Native American tribal officials. If a public official with safety or emergency response or planning responsibilities informs an operator that it does not have the information to identify an identified site, the operator must use one of the following sources, as appropriate, to identify these sites: [ 49 CFR 192.905(b)]

1. visible marking (e.g., a sign); or [ 49 CFR 192.905(b)(1)]

2. the site is licensed or registered by a federal, state, or local government agency; or [ 49 CFR 192.905(b)(2)]

3. the site is on a list (including a list on an internet web site) or map maintained by or available from a federal, state, or local government agency and available to the general public. [ 49 CFR 192.905(b)(3)]

C. Newly-Identified Areas. When an operator has information that the area around a pipeline segment not previously identified as a high consequence area could satisfy any of the definitions in §3303, the operator must complete the evaluation using Method (a) or (b). If the segment is determined to meet the definition as a high consequence area, it must be incorporated into the operator's baseline assessment plan as a high consequence area within one year from the date the area is identified. [ 49 CFR 192.905(c)]

La. Admin. Code tit. 43, § XIII-3305

Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 30:1274 (June 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501 et seq.