49 CFR 194.101
Operators required to submit plans.
(a) Except as provided in paragraph (b) of this section, or unless RSPA grants a request from the OSC to require an operator of the following pipelines to submit a response plan or the pipeline is covered by § 194.103, each operator of an onshore pipeline facility shall prepare a response plan and submit the response plan to RSPA, as provided in § 194.119.
(b) Exception. An operator need not submit a response plan for:
(1) A pipeline that is 65/8 inches (168 millimeters) or less in outside nominal diameter, is 10 miles (16 kilometers) or less in length, and all of the following conditions apply to the pipeline:
(i) The pipeline has not experienced a release greater than 1,000 barrels (159 cubic meters) within the previous five years,
(ii) The pipeline has not experienced at least two reportable releases, as defined in § 195.50, within the previous five years,
(iii) A pipeline containing any electric resistance welded pipe, manufactured prior to 1970, does not operate at a maximum operating pressure established under § 195.406 that corresponds to a stress level greater than 50 percent of the specified minimum yield strength of the pipe, and
(iv) The pipeline is not in proximity to navigable waters, public drinking water intakes, or environmentally sensitive areas.
(2)(i) A line section that is greater than 65/8 inches in outside nominal diameter and is greater than 10 miles in length, where the operator determines that it is unlikely that the worst case discharge from any point on the line section would adversely affect, within 12 hours after the initiation of the discharge, any navigable waters, public drinking water intake, or environmentally sensitive areas.
(ii) A line section that is 65/8 inches (168 millimeters) or less in outside nominal diameter and is 10 miles (16 kilometers) or less in length, where the operator determines that it is unlikely that the worst case discharge from any point on the line section would adversely affect, within 4 hours after the initiation of the discharge, any navigable waters, public drinking water intake, or environmentally sensitive areas.
[58 FR 253, Jan. 5, 1993, as amended by Amdt. 194-3, 63 FR 37505, July 13, 1998]