Section 1765.5 - Required Notice for New Production Facilities(a) Except as provided in subdivision (c), operators shall submit a New Production Facility Notice containing information specified in Section 1765.5.1 to the Division prior to new construction or operation of any of the following, even if construction and operation of the new production facility is on a temporary basis: (1) Tanks, including wash tanks, produced water tanks, oil storage tanks, stock tanks, waste oil tanks, skim tank, recirculation tanks, reject tanks, and chemical tanks.(2) Pressure vessels, including separators, test separators, gas scrubbers, vent scrubbers, compressor scrubbers, pressure filters, and free water knockouts.(3) Fired pressure vessels or boilers, including heater treaters, steam generators, and glycol reboilers.(4) Compressors, including sales gas compressors, booster compressors and vapor recovery compressors.(5) Water treatment equipment, including reverse osmosis or produced water filtration units, clarifiers, and gas floatation cells such as air or gas sparger units.(6) Gas treatment equipment, including hydrogen sulfide removal, sulfa-treat, iron sponge, dehydration units, glycol units, and dew point control units.(7) Pipelines, including above ground pipelines and plant piping, underground pipelines and underground plant piping, flowlines, gathering lines, trunk lines, production lines, headers, manifolds, pig launchers, pig receivers, and pipeline vaults.(8) Pits or sumps, whether open or covered, and including catch basins.(9) Pumps, including surge pumps, recirculating pumps, boost pumps, charge pumps, transfer pumps, shipping pumps, produced water injection pumps, and wastewater injection pumps.(10) Flares, open vent filters and vapor control systems.(11) Production safety systems, including instrumentation, alarms, shutdowns, and detection equipment.(12) Any other equipment that would increase production capacity associated with the oil field.(b) If a New Production Facility Notice is required under subdivision (a), then construction or operation of the new production facility shall not commence unless the Division has verified at least one of the following:(1) The production facility is outside of a Health Protection Zone.(2) The production facility is associated with a notice of intention that was approved by the Division under Public Resources Code section 3281, subdivision (a).(3) The Division has determined that the production facility is necessary to protect public health and safety.(c) A New Production Facility Notice under subdivision (a) is not required for the following: (1) Equipment that is not attendant to oil and gas production or injection operations.(2) Repairs or replacements of existing production facilities if all of the following is true of the replacement production facility:(A) The replacement production facility performs the same function as the production facility it replaced.(B) The replacement production facility is in the same physical location and does not exceed the geographic footprint of the replaced facility.(C) The replacement production facility does not result in an increase in throughput capacity.(D) The operator collects and maintains detailed records, including photographs, demonstrating that the replacement production facility replaces an existing production facility, and makes those records available to the Division upon request.Cal. Code Regs. Tit. 14, § 1765.5
Note: Authority cited: Sections 3013, 3106, 3270 and 3288, Public Resources Code. Reference: Sections 3011, 3106, 3270 and 3281, Public Resources Code.
Note: Authority cited: Sections 3013, 3106, 3270 and 3288, Public Resources Code. Reference: Sections 3011, 3106, 3270 and 3281, Public Resources Code.
1. New section filed 1-6-2023 as an emergency; operative 1/6/2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 1-6-2025 or emergency language will be repealed by operation of law on the following day.
2. The effectiveness of this section was suspended on 2-3-2023 following the Secretary of State's qualification of a referendum staying the effectiveness of the underlying statutes until and unless those statutes are enacted by the voters in the November 2024 general election (Register 2023, No. 8).
3. Change without regulatory effect removing bracketed language after heading filed 7-8-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 28). Effectiveness of section reinstated 6-27-2024 due to withdrawal of Referendum 1940 (22-0006) pursuant to Elections Code section 9604(b) (See Elections Code section 9033(d)). Pursuant to Public Resources Code section 3288, a Certificate of Compliance must be transmitted to OAL by 5-30-2026, or emergency language will be repealed by operation of law on the following day.