(a) Each operator shall submit two copies of the response plan required by this part. Copies of the response plan shall be submitted to: PipelineOffice Responseof PlansPipeline OfficerSafety, ResearchPipeline and SpecialHazardous ProgramsMaterials Safety Administration, Department of Transportation, 400PHP Seventh80, Street1200 New Jersey Avenue, SWSE., Washington, DC 20590-0001. Note: Submission of plans in electronic format is preferred.
(b) If RSPAPHMSA determines that a response plan requiring approval does not meet all the requirements of this part, RSPAPHMSA will notify the operator of any alleged deficiencies, and to provide the operator an opportunity to respond, including the opportunity for an informal conference, on any proposed plan revisions and an opportunity to correct any deficiencies.
(c) An operator who disagrees with the RSPAPHMSA determination that a plan contains alleged deficiencies may petition RSPAPHMSA for reconsideration within 30 days from the date of receipt of RSPAPHMSA's notice. After considering all relevant material presented in writing or at an informal conference, RSPAPHMSA will notify the operator of its final decision. The operator must comply with the final decision within 30 days of issuance unless RSPAPHMSA allows additional time.
(d) For those response zones of pipelines, described in § 194.103(c), thatOPS could reasonably be expected to cause significant and substantial harm, RSPA will approve the response plan if RSPAOPS determines that the response plan meets all requirements of this part,. andOPS may consult with the OSC
U.S.
raises
Environmental
no
Protection
objection
Agency (EPA) or the U
.
S. Coast Guard (USCG) if a Federal on-scene coordinator (FOSC) has concerns about the operator's ability to respond to a worst case discharge.
(e) If
RSPA
OPS
has not approved a response plan for a pipeline described in § 194.103(c), the operator may submit a certification to
RSPA
OPS
by July 18, 1993,
that the operator has obtained, through contract or other approved means, the necessary
private
personnel and equipment to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge. The certificate must be signed by the qualified individual or an appropriate corporate officer.
(f) If
RSPA
OPS
receives a request from
an
a
OSC
FOSC
to review a response plan,
RSPA
OPS
may require an operator to
provide
give
a copy of the response plan to the
OSC
FOSC
.
If
OPS
an
may
OSC
consider
recommends
FOSC
that
comments
an
on
operator
response
not
techniques,
previously
protecting
required
fish,
to
wildlife
submit
and
a
sensitive
environments, and on consistency with the ACP. OPS remains the approving authority for the response
plan
.
[58
to
FR
RSPA
253
,
should
Jan.
submit
5,
one
1993
,
RSPA
as
will
amended
require
by
the
Amdt.
operator
194-4,
to
70
prepare
FR
and
8748,
submit
Feb.
a
23,
response
2005;
plan
70
and
FR
send
1140,
a
Mar.
copy
8,
to
2005;
the
73
OSC
FR 16570, Mar
.
28, 2008; 74 FR 2894, Jan. 16, 2009]