Cal. Code Regs. tit. 2 § 2561

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 2561 - Definitions

Unless the context otherwise requires, the following definitions shall govern the construction of this Article:

(a) "Class I pipeline" means any pipeline or portion thereof which does not meet the criteria specified for a Class II pipeline.

(b)

(1) "Class II pipeline" means either of the following:

(A) Any pipeline or portion thereof which has experienced two or more reportable leaks due to corrosion or defect in the prior three years. Leaks experienced during an SLPT shall not be counted as a leak for the purpose of classification of pipelines as Class II pipelines. For purposes of this definition, a leak which is traceable to an external force, but for which corrosion is partly responsible, shall be deemed caused by corrosion.

(B) Any pipeline or pipeline system a part of which extends over marine waters or wetlands and does not have any form of permanently installed effective containment located between the pipeline and the water surface or wetland over its entire exposed length over the water or wetlands.

(2) Each pipeline which has been classified as a Class II pipeline under subsection (b)(1)(A) of this section shall retain its classification as a Class II pipeline, until five years pass without a reportable leak due to corrosion or defect on that pipeline. After five years pass without a reportable leak, such Class II pipeline may be reclassified as a Class I pipeline following its next scheduled SLPT required by 2 CCR Section 2564(c)(3).

(3) For the purpose of classification of pipelines as Class II pipelines under subsection (b)(1)(A) of this section, all reportable leaks that have occurred due to corrosion or defect in the three years prior to the effective date of these regulations shall be taken into account in making that determination.

(4) For the purpose of reclassification of Class II pipelines as Class I pipelines under subsection (b)(2) of this section, any period of time without having a reportable leak shall commence from a date five years prior to the effective date of this regulation.

(c) "Component" means any part of a pipeline or pipeline system which may be subjected to pump pressure or liquid gravitational pressure including, but not limited to, pipe, valves, elbows, tees, flanges, and closures.

(d) "Defect" means manufacturing or construction defects.

(e) "Division" means the Marine Environmental Protection Division of the California State Lands Commission.

(f) "Division Chief" means the Chief of the Marine Environmental Protection Division or any employee of the Division authorized by the Chief to act on his behalf.

(g) "Leak" or "reportable leak" means every unintentional liquid leak. A "reportable leak" does not include an unintentional leak from a gasket, gland or sealing material at a pump, valve, elbow, tee, flange or closure, which has been stopped by immediate tightening of bolts or any similar prompt corrective action.

(h) "Marine terminal" means a facility, other than a vessel, located on or adjacent to marine waters in California and used for transferring oil to or from tank vessels or barges. The term references all parts of the facility, but not limited to, structures, equipment and appurtenances thereto used or capable of being used to transfer oil to or from tank vessels or barges. For the purpose of this article, a marine terminal includes all piping not integrally connected to a tank facility.

(i) "Maximum allowable operating pressure" or "MAOP" means the highest safe operating pressure at any point in a pipeline system during normal flow or static conditions.

(j) "Oil" means any kind of petroleum, liquid hydrocarbons, or petroleum products or any fraction or residues therefrom, including, but not limited to, crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas.

(k) "Operator" when used in connection with marine terminals, pipelines, or facilities, means any person or entity which owns, has an ownership interest in, leases, rents, operates, participates in the operation of or uses that terminal, pipeline, or facility. "Operator" does not include any entity which owns the land underlying the terminal or the terminal itself, where the entity is not involved in the operations of the terminal.

(l) "Person" means any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

(m) "Pipe" or "line pipe" means a tube, usually cylindrical, through which oil flows from one point to another.

(n) "Pipeline or pipeline system" means a marine terminal pipeline through which oil moves within a marine terminal or between a marine terminal and a tank vessel or barge, including, but not limited to, line pipe, valves, other appurtenances connected to line pipe, fabricated assemblies associated with pumping units, and delivery stations and fabricated assemblies therein.

(o) "Standard Cathodic Protection System" or "SCPS" means an external corrosion control system used on underground or submerged metallic piping systems that is in conformance with and meets the criteria of the National Association of Corrosion Engineers (NACE) Standard RP0169-2002, Item No. 21001, reaffirmed 2002-04-11; published by NACE, 1440 South Creek Drive, Houston, Texas 77084-4906.

(p) "State Fire Marshal" means the person, and any representative of the person, appointed by the Governor pursuant to Section 13101 of the Health and Safety Code.

(q) "Static Liquid Pressure Test" or "SLPT" means the application of internal pressure above the normal or maximum operating pressure to a pipeline or a segment of pipeline, under no-flow conditions, for a fixed period of time, utilizing a liquid test medium. For the purpose of these regulations, the liquid test medium used may be either water or a liquid hydrocarbon with a flash point greater than 140° Fahrenheit. In circumstances where any other liquid medium is to be used for a SLPT, the operator shall petition the Division Chief using the procedures outlined in 2 CCR Section 2564(h).

(r) "Tank facility" means any one or combination of above ground storage tanks, including any piping which is integral to the tank, which contains crude oil or its fractions and which is used by a single business entity at a single location or site. A pipe is integrally related to an above ground storage tank if the pipe is connected to the tank and meets any of the following:

(1) The pipe is within the dike or containment area;

(2) The pipe is connected to the first flange or valve after the piping exits the containment area; or

(3) The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area.

(s) "Transfer pipeline" or "transfer pipeline system" means a pipeline that is within or a part of a marine terminal. A transfer pipeline does not include a pipeline that is subject to the jurisdiction of the State Fire Marshal.

(t) "Wetlands" means streams, channels, lakes, reservoirs, bays, estuaries, lagoons, marshes, and the lands underlying and adjoining such waters, whether permanently or intermittently submerged, to the extent that such waters support and contain significant fish, wildlife, recreational, aesthetic, or scientific resources.

Cal. Code Regs. Tit. 2, § 2561

1. New section filed 8-12-97; operative 9-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 33).
2. Amendment of subsection (o) filed 2-2-2007; operative 3-4-2007 (Register 2007, No. 5).
3. Change without regulatory effect amending subsections (b)(1)(A), (e) and (f) filed 11-25-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 48).

Note: Authority cited: Sections 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755, 8756 and 8757, Public Resources Code.