INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS
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


PROBLEM ADDRESSED BY PROPOSED ACTION

Section 4415 of the General Industry Safety Orders (GISO) references the applicable requirements of ANSI B31.1-1977, Power Piping. GISO, Sections 5468, 5485 and 5504 reference the requirements of ANSI B31.3-1973, standard for Pressure Piping, Petroleum Refinery Piping. These standards have undergone several revisions since the 1970’s. This proposal will reference the latest editions of these standards published in 1995 and 1996, respectively. Additionally, Section 5468 is proposed for repeal as the requirements in this section duplicate those contained in proposed Section 5485.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

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 incorporate by reference the latest edition of this standard ASME B31.1-1995, Power Piping. The requirements of the 1995 standard will be applicable to installations after the effective date of the proposed amendments. The scope and fundamental requirements between the 1977 and 1995 standard remain technically the same. The proposal is necessary to ensure the latest edition is available and used for new installations.

It should be noted that piping systems are manufactured, designed, and installed in accordance with applicable ANSI B31 standards in effect at the time of installation. Therefore, it is also necessary to propose a requirement that digester piping installed on or before the effective date of the regulation conform with either ANSI B31.1-1977, or the updated version of the ANSI/ASME standard in effect at the time of installation. The proposal will not require modifications or retroactive compliance with the latest publication of the standard for existing installations.

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 is necessary to eliminate a duplication of the regulations in Title 8, Article 138, Hydrogen.

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 proposed to be relocated from the 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 this subsection is proposed to be numbered as Note 2. The numbering of Notes 1 and 2 are editorial only. The addition to language prohibiting the use of cast iron pipe and fittings, it is necessary to ensure that this requirement relocated from the proposed repealed Section 5468 remains in the regulations for hydrogen use.

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.

ASME B31.3-1996, Process Piping contains an expanded scope section to include industries such as chemical, pharmaceutical, textile, semiconductor, cryogenic (liquefied gas used at low temperatures) and related industrial plants. The ASME B31.3-1996 standard also includes a separate chapter for high pressure piping. New appendices have been added in areas such as requirements for expansion joints, aluminum flanges, and estimating service life of piping systems. The proposal is necessary to ensure that installations after the effective date of the regulation meet current manufacturing, installation and industry practices.

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 proposal is necessary to ensure installations on or before the effective date of the regulation meet the requirements of the appropriate 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 mentioned temperatures to be approved as defined in Section 3206 of the General Industry Safety Orders. The term approved as defined in Section 3206 in part means that the materials conform to nationally recognized standards. The proposed amendments are necessary to ensure hydrogen piping used at cold temperatures meets national consensus standards or equivalent criteria. Since piping systems are manufactured, designed, and installed in accordance with applicable ANSI B31 national consensus standards, the amendments to subsection (b) will not require retroactive modifications.

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. This proposal is necessary to ensure that installations after the effective date of the regulation meet current manufacturing, installation and industry practices.

It should be noted that piping systems are manufactured, designed, and installed in accordance with applicable ANSI B31 national consensus standards in effect at the time of installation. Therefore, it is also necessary to propose a requirement that piping and tubing installed on or before the effective date of the regulation conforms 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 proposed amendments to subsection (b) will not require modifications or retroactive compliance with the latest publication of the standard for existing installations.

DOCUMENTS RELIED UPON

 

  1. American National Standard Code For Pressure Piping, Power Piping, ANSI B31.1-1977.
  2. American National Standard Code For Pressure Piping, Petroleum Refinery Piping, ANSI B31.3-1973.

These documents are available for review during normal business hours at the Standards Board Office located at 1300 I Street, Suite 920, Sacramento, California.

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.

IDENTIFIED ALTERNATIVES THAT WOULD LESSEN ADVERSE
IMPACT ON SMALL BUSINESSES

No adverse impact on small businesses is anticipated from the implementation of the proposed amendments. Therefore, no alternatives which would lessen the impact on small businesses have been identified.

SPECIFIC TECHNOLOGY OR EQUIPMENT

This proposal will not mandate the use of specific technologies or equipment.

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 THAT WOULD AFFECT PRIVATE PERSONS

No alternatives considered by the Board would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affect private persons than the proposed action.