4 Colo. Code Regs. § 723-11-11012

Current through Register Vol. 47, No. 23, December 10, 2024

Section 4 CCR 723-11-11012 - Waiver - Emergency

(a) An operator may file a petition to request an emergency waiver or variance in situations that require expedited review that is otherwise inconsistent with § 40-2-115, C.R.S., 49 U.S.C. § 60118(d), and the Commission's Rules of Practice and Procedure.

(b) An emergency waiver request will be granted if it is in the public interest, is not inconsistent with pipeline safety, and is necessary to address an actual or impending emergency involving pipeline transportation, including emergencies caused by natural or manmade disasters.

(c) An emergency waiver is an order by which the Commission may temporarily modify compliance with state pipeline regulations for affected pipeline owners or operators and the Commission may waive compliance with a safety regulation if, after receiving notice on an incorporated federal rule, PHMSA concurs in the action.

(d) The Commission will determine on a case-by-case basis what duration of waiver or variance is necessary to address the emergency. However, as required by statute, no emergency waiver may be issued for a period exceeding 60 days. Each emergency waiver will automatically expire on the date stated in the Commission's decision.

(e) An operator may request an emergency Special Permit modifying or waiving of any of these rules by submitting a written request as follows.

(I) If the request concerns a Colorado-specific rule then no subsequent review by PHMSA is required. The requestor shall file a petition for the emergency waiver with the Commission using one of the following methods:

(A) the Commission's E-Filings System; or

(B) express mail/overnight courier to Doug Dean, Director of the Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, CO 80202.

(II) If the request concerns a federal rule incorporated by reference into these rules, a review by PHMSA is required. The requestor shall submit a petition for the emergency waiver directly to the Commission using one of the methods described above and to PHMSA using any of the following methods:

(A) direct fax to the PHMSA Crisis Management Center at: 202-366-3768;

(B) direct e-mail to PHMSA at: phmsa.pipeline-emergencyspecpermit@dot.gov; or

(C) express mail/overnight courier to the Associate Administrator for Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE East Building, Washington, DC 20590.

(f) The requestor shall include with each emergency waiver petition:

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

(II) an explanation of the actual or impending emergency;

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

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

(V) to the extent possible, as much of the information as is required in paragraph 11011(c); and

(VI) measures to be taken after the emergency situation or permit expires, whichever comes first, that will confirm/assure long-term operational reliability of the facility impacted by the Special Permit.

(g) The emergency waiver is effective upon final order by the Commission or the PHMSA Administrator for Pipeline Safety, as appropriate to the review.

4 CCR 723-11-11012

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

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