C.F.R. » Title 49 » CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER D—PIPELINE SAFETY › PART 194—RESPONSE PLANS FOR ONSHORE OIL PIPELINES › Subpart A—General

49 C.F.R. § 194.7

Operating restrictions and interim operating authorization

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(a) An operator of a pipeline for which a response plan is required under § 194.101, may not handle, store, or transport oil in that pipeline unless the operator has submitted a response plan meeting the requirements of this part.

(b) An operator must operate its onshore pipeline facilities in accordance with the applicable response plan.

(c) The operator of a pipeline line section described in § 194.103(c), may continue to operate the pipeline for two years after the date of submission of a response plan, pending approval or disapproval of that plan, only if the operator has submitted the certification required by § 194.119(e).

[Amdt. 194-4, 70 FR 8746, Feb. 23, 2005]
Notes of Decisions
Cited in 4 cases, 2013–2020 · leading case: Sierra Club, Inc. v. Bostick, 787 F.3d 1043 (10th Cir. 2015).
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Sierra Club, Inc. v. Bostick, 787 F.3d 1043 (10th Cir. 2015). · cites it 4× “49 C.F.R. § 194.7 (2012). The environmental groups argue that the Corps’ environmental assessment should have been broader, examining the risks from the utility lines’ operations as well as their construction.”
Sierra Club v. United States Army Corps of Engineers, 803 F.3d 31 (D.C. Cir. 2015). · cites it 2× “18, 1991), 49 C.F.R. § 194.7 , 3 but there is no claim here PHMSA must approve a response plan before a pipeline can be built and begin operating.”
Sierra Club v. United States Army Corps of Engineers, 990 F. Supp. 2d 9 (D.D.C. 2013). “See 49 C.F.R. § 194.7 (2013). To argue here, as Plaintiffs do, that the PHMSA nevertheless somehow has engaged in a major federal action for NEPA purposes defies logic.”
Atchafalaya Basinkeeper v. U.S. Army Corps of Engineers, No. 3:18-cv-00023 (M.D. La. Mar. 25, 2020). “Pursuant to 49 C.F.R. § 194.7 (a), PHMSA fulfills part of this responsibility by requiring pipeline operators to submit a spill response plan that meets PHMSA’s requirements before the operator can “handle, store, or transport oil in th[e] pipeline.”
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