A description of the proposed changes are as follows:

1. TITLE 8:

GENERAL INDUSTRY SAFETY ORDERS
Chapter 4, Subchapter 7, Articles 64, 138, and 139
Sections 4415, 5468, 5485 and 5504
Power Process Pressure Piping

INITIAL STATEMENT OF REASONS


INFORMATIVE DIGEST OF PROPOSED ACTION/PLAIN ENGLISH OVERVIEW

Section 4415. Stock Preparation and Reprocessing.

Subsection (a)(2)

Existing subsection (a)(2) provides that digester (sewage related) piping shall be installed in accordance with the applicable sections of ANSI B31.1-1977, Power Piping. A revision is proposed to require digester piping installed after the effective date of the regulation to comply with the latest edition of this standard published in 1995. It is also proposed that digester piping installed on or before the effective date of the regulation shall conform to either the ANSI B31.1-1977 standard, or the updated version of the standard in effect at the time of installation. Piping systems are manufactured, designed, and installed in accordance with applicable ANSI B31 standards. Therefore, the proposal will have no effect upon the regulated public.

Section 5468. Piping, Tubing and Fittings.

Existing Section 5468 contains the requirements for piping, tubing, and fittings suitable for hydrogen service. This section is proposed for repeal because the requirements of this section are already contained in or will be relocated to Section 5485, Piping, Tubing and Fittings. The repeal of this section will have no effect upon the regulated public other than to eliminate a duplication of the regulation.

Section 5485. Piping, Tubing and Fittings.

Subsection (a)

Existing Section 5485 contains the requirements for piping, tubing, and fittings suitable for hydrogen service. Language prohibiting the use of cast iron pipe and fittings is being relocated from existing Section 5468(a) to Section 5485(a). Additionally, existing language in subsection (a) pertaining to thermal expansion and contraction of piping systems is informational and therefore, proposed as Note 1. The existing note in the subsection is proposed to be numbered as Note 2. The numbering of Notes 1 and 2 are editorial only. The addition of language prohibiting the use of cast iron pipe and fittings will have no effect upon the regulated public since this is already a requirement in existing Section 5468(a).

Subsection (b)

Existing subsection (b) requires that hydrogen piping and tubing conform to ANSI B31.3-1973, Code for Pressure Piping, Petroleum Refinery Piping. For installations after the effective date of the regulation, proposed subsection (b)(1) will incorporate by reference the requirements of the latest 1996 edition of this publication which is now titled, Process Piping. Proposed subsection (b)(2) provides that installations on or before the effective date of the regulation shall conform to either ANSI B31.3-1973, or the updated version of the ANSI/ASME B31.3 standard in effect at the time of installation.

The existing language also states that hydrogen piping used at temperatures between

-20 degrees F to -320 degrees F may conform to the code for Pressure Piping Systems,

ANSI B31.5-1967. Proposed subsection (b)(3) requires hydrogen piping used at the above temperatures to be approved as defined in Section 3206 of the General Industry Safety Orders. The term approved as defined in Section 3206 means that the materials conform to nationally recognized standards. Piping systems are manufactured, designed, and installed in accordance with applicable ANSI B31 national consensus standards. Therefore, the amendments proposed to subsection (b) will have no effect upon the regulated public.

Section 5504. Piping, Tubing and Fittings.

Subsection (b)

Existing Section 5504 provides the piping, tubing and fitting requirements for oxygen service. Existing subsection (b) references the requirements of ANSI B31.3-1973, Code for Pressure Piping, Petroleum Refinery Piping. For installations after the effective date of the regulation, the proposal will incorporate by reference the requirements of the latest 1996 edition of this publication which is now titled, Process Piping. It is also proposed that piping and tubing installed on or before the effective date of the regulation conform to either ANSI B31.3-1973, or the updated version of the ANSI/ASME B31.3 standard in effect at the time of installation. Piping systems are manufactured, designed, and installed in accordance with applicable ANSI B31 national consensus standards. Therefore, the amendments to subsection (b) will have no effect upon the regulated public.

DOCUMENTS INCORPORATED BY REFERENCE

  1. The American Society of Mechanical Engineers (ASME)
  2. ASME B31.1-1995, Power Piping.

  3. The American Society of Mechanical Engineers (ASME)
    ASME B31.3-1996, Process Piping.

These documents are too cumbersome or impractical to publish in Title 8. Therefore, it is proposed to incorporate the documents by reference. Copies of these documents are available for review during normal business hours at the Standards Board Office located at 1300 I Street, Suite 920, Sacramento, California.

COST ESTIMATES OF PROPOSED ACTION 

Costs or Savings to State Agencies

No costs or savings to state agencies will result as a consequence of the proposed modifications. Also, see the heading below, Impact on Businesses.

Impact on Housing Costs

The proposal will not significantly affect housing costs.

Impact on Businesses

The proposal will not result in a significant adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states. The proposal requires piping installations after the effective date of the regulations to meet either the requirements of ASME B31.1-1995 or ASME B31.3-1996 for Power and Process Piping, respectively. Piping systems are manufactured, designed, and installed in accordance with applicable ANSI B31 national consensus standards and therefore, will have no fiscal impact on businesses.

Cost Impact on Private Persons or Entities

The proposal will not require private persons or entities to incur additional costs in complying with the proposal.

Costs or Savings in Federal Funding to the State

The proposal will not result in costs or savings in federal funding to the state.

Costs or Savings to Local Agencies or School Districts Required to be Reimbursed

No costs to local agencies or school districts are required to be reimbursed. See explanation under "Determination or Mandate."

Other Nondiscretionary Costs or Savings Imposed on Local Agencies

This proposal does not impose nondiscretionary costs or savings on local agencies.

DETERMINATION OF MANDATE

The Occupational Safety and Health Standards Board has determined that the proposed regulations do not impose a mandate requiring reimbursement by the state pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code because the proposed amendments will not require local agencies or school districts to incur additional costs in complying with the proposal. Furthermore, these regulations do not constitute a "new program or higher level of service of an existing program within the meaning of Section 6 of

Article XIII B of the California Constitution."

The California Supreme Court has established that a "program" within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal.3d 46.)

The proposed regulations do not require local agencies to carry out the governmental function of providing services to the public. Rather, the regulations require local agencies to take certain steps to ensure the safety and health of their own employees only. Moreover, the proposed regulations do not in any way require local agencies to administer the California Occupational Safety and Health program. (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)

These proposed regulations do not impose unique requirements on local governments. All employers - state, local and private - will be required to comply with the prescribed standards.

PLAIN ENGLISH STATEMENT

 

It has been determined that the proposal may affect small business. The express terms of the proposal written in plain English have been prepared by the Board pursuant to Government Code Sections 11342(e) and 11346.2(a)(1) and the informative digest for this proposal constitutes a plain English overview.

ASSESSMENT

 

The adoption of the proposed amendments to this regulation will neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

 

ALTERNATIVES CONSIDERED

Our agency must determine that no alternative considered by us would be more effective in carrying our the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.