Section 2110 - Best Available Technology Determination(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.(b) Operators must include a written justification that the technology proposed for use is the best available for the applied operations of the pipeline.(c) If the State Fire Marshal determines that a technology proposed for use by the applicant is not the best available technology, the State Fire Marshal will provide a written finding explaining the decision consistent with the provisions found in Section 2112 (State Fire Marshal Risk Analysis Assessment).Cal. Code Regs. Tit. 19, § 2110
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.
1. New section filed 8-31-2020; operative 10/1/2020 (Register 2020, No. 36).