When may an operator deviate its program from certain requirements of this subpart?

(a) General. ASME/ANSI B31.8S (incorporated by reference, see § 192.7) provides the essential features of a performance-based or a prescriptive integrity management program. An operator that uses a performance-based approach that satisfies the requirements for exceptional performance in paragraph (b) of this section may deviate from certain requirements in this subpart, as provided in paragraph (c) of this section.

(b) Exceptional performance. An operator must be able to demonstrate the exceptional performance of its integrity management program through the following actions.

(1) To deviate from any of the requirements set forth in paragraph (c) of this section, an operator must have a performance-based integrity management program that meets or exceed the performance-based requirements of ASME/ANSI B31.8S and includes, at a minimum, the following elements—

(i) A comprehensive process for risk analysis;

(ii) All risk factor data used to support the program;

(iii) A comprehensive data integration process;

(iv) A procedure for applying lessons learned from assessment of covered pipeline segments to pipeline segments not covered by this subpart;

(v) A procedure for evaluating every incident, including its cause, within the operator's sector of the pipeline industry for implications both to the operator's pipeline system and to the operator's integrity management program;

(vi) A performance matrix that demonstrates the program has been effective in ensuring the integrity of the covered segments by controlling the identified threats to the covered segments;

(vii) Semi-annual performance measures beyond those required in § 192.945 that are part of the operator's performance plan. ( See § 192.911(i).) An operator must submit these measures, by electronic or other means, on a semi-annual frequency to OPS in accordance with § 192.951; and

(viii) An analysis that supports the desired integrity reassessment interval and the remediation methods to be used for all covered segments.

(2) In addition to the requirements for the performance-based plan, an operator must—

(i) Have completed at least two integrity assessments on each covered pipeline segment the operator is including under the performance-based approach, and be able to demonstrate that each assessment effectively addressed the identified threats on the covered segment.

(ii) Remediate all anomalies identified in the more recent assessment according to the requirements in § 192.933, and incorporate the results and lessons learned from the more recent assessment into the operator's data integration and risk assessment.

(c) Deviation. Once an operator has demonstrated that it has satisfied the requirements of paragraph (b) of this section, the operator may deviate from the prescriptive requirements of ASME/ANSI B31.8S and of this subpart only in the following instances.

(1) The time frame for reassessment as provided in § 192.939 except that reassessment by some method allowed under this subpart (e.g., confirmatory direct assessment) must be carried out at intervals no longer than seven years;

(2) The time frame for remediation as provided in § 192.933 if the operator demonstrates the time frame will not jeopardize the safety of the covered segment.

[68 FR 69817, Dec. 15, 2003, as amended by Amdt. 192-95, 69 FR 18231, Apr. 6, 2004]