4 Colo. Code Regs. § 723-11-11011

Current through Register Vol. 47, No. 17, September 10, 2024

Section 4 CCR 723-11-11011 - Waiver - Non-emergency

(a) An owner or operator may request a waiver or a variance from any of these rules in accordance with § 40-2-115, C.R.S., 49 U.S.C. § 60118(d), and paragraph 1003(b) of the Commission's Rules of Practice and Procedure 4 CCR 723-1. Requests for waiver from the standards in 49 C.F.R. Part 192 that are incorporated by reference into these rules that are made pursuant to 49 C.F.R. Part 192.1013 are subject to the requirements of both paragraphs (b) and (c) below.

(b) The petition shall include:

(I) information required by rule 1003 paragraph (c);

(II) the specific instance or illustration of the rule's application requiring modification/waiver;

(III) proposed alternatives to compliance with the regulation (e.g., additional inspections and tests, shortened reassessment intervals, etc.);

(IV) an explanation of the necessity with supporting evidence and documentation, including:

(A) the mileage or footage of pipeline to be covered and the counties in which it is located;

(B) a description of the pipeline(s) affected by the permit (e.g., year installed, material, thickness, diameter, operating pressure, etc.);

(C) all pipeline other facilities such as pump and compressor stations that the permit will affect; and

(D) other pertinent operational history/data (e.g., leak history, corrosion history, etc.);

(V) a certification that the modification/waiver is consistent with pipeline safety; and

(VI) the complete operator contact information.

(c) An owner or operator may file a petition for waiver under 49 C.F.R. Part 192.1013 to deviate from the standards in 49 C.F.R. Part 192 that are incorporated into these rules to alter the frequency of periodic inspections and tests on the basis of an engineering analysis and risk assessment.

(I) A request for waiver for an alternative frequency of inspections and tests required under Part 192 will be granted if the request is found to be not inconsistent with pipeline safety. For intrastate facilities, an operator must file its proposal as a petition for waiver through the Commission's E-Filings System at least 120 days before the requested effective date.

(II) An owner or operator may implement an approved reduction in the frequency of a periodic inspection or test only where the operator has developed and implemented an integrity management program that provides an equal or improved overall level of safety despite the request for reduced frequency of periodic inspections.

(III) In addition to the information in subparagraph (b) above, each petition filed under this subsection must include the following information:

(A) name of the owner or operator;

(B) duration of the deviation proposal;

(C) specific regulations from which the owner or operator seeks relief;

(D) a description of the pipeline for which the deviation is sought, including:

(i) the mileage or footage of the pipeline to be covered by the request and the counties in which it is located;

(ii) the year the pipeline was installed;

(iii) all pipeline facilities that the request will affect; and

(iv) the material, thickness, diameter, and operating pressure of the pipeline;

(E) alternatives proposed for compliance with the regulation (e.g., additional inspections and tests, shortened reassessment intervals); and

(F) a certification that operation of the owner or operator's pipeline under the requested alternative frequency of periodic inspections and tests would not be inconsistent with pipeline safety and will provide and equal or greater overall level of safety.

(IV) After receiving notice of the petition, the PSP Chief will confer with the Office of Pipeline Safety on the waiver requested by the owner or operator. The PSP Chief will file a notice in the petition proceeding indicating whether the request should be accepted by the Commission and if so, whether additional conditions or limitations that are relevant and in the public interest should be adopted. The Commission shall consider the petition for waiver and the notice filing of the PSP Chief in rendering a decision.

(d) PHMSA Review: If the Commission grants a petition filed by an owner/operator for a waiver of a federal rule that is incorporated into the Commission rules, PHMSA must review the Commission's decision, except for petitions for waiver covered by paragraph (c) above. The Commission's decision granting a waiver request that requires PHMSA review, and the reasons therefore, shall issue as an interim decision that shall be provided to the Office of Pipeline Safety for final review pursuant to 49 U.S.C. § 60118(d). Any response by the Office of Pipeline Safety shall be incorporated into the Commission's final decision.

4 CCR 723-11-11011

44 CR 04, February 25, 2021, effective 3/17/2021

47 CR 09, May 10, 2024, effective 5/30/2024