|
(a)Liaison activities required. Each operator of a hazardous liquid or carbon dioxide pipeline or pipeline facilities or the operator's designated representative shall communicate and conduct liaison activities with fire, police, and other appropriate public emergency response officials. The liaison activities are those required by 49 CFR Part 195.402(c)(12). These liaison activities shall be conducted in person, except as provided by this section. (b)Meetings in person. The operator or the operator's representative may conduct required community liaison activities as provided by subsection (c) of this section only if the operator or the operator's representative has exhausted, in sequence, all of the following efforts to conduct a community liaison meeting in person with the officials: (1)mailing a written request for a meeting in person to the appropriate officials by certified mail, return receipt requested; (2)sending a request for a meeting in person to the appropriate officials by facsimile transmission; and (3)making one or more telephone calls or e-mail message transmissions to the appropriate officials to request a meeting in person. (4)At any time the operator or operator's representative makes contact with the appropriate officials and schedules a meeting in person, no further attempts to make contact under this section are necessary. However, if a scheduled meeting does not take place, the operator or operator's representative shall make an effort to re-schedule the community liaison meeting in person with the officials using one of the methods in paragraphs (1)-(3) of this subsection before proceeding to arrange a conference call pursuant to subsection (c) of this section. (c)Conference call. If the operator or operator's representative cannot arrange a meeting in person after complying with subsection (b) of this section, the operator or the operator's representative shall make the following efforts to conduct community liaison activities by means of a telephone conference call with the officials: (1)mailing a written request for a telephone conference to the appropriate officials by certified mail, return receipt requested; (2)sending a request for a telephone conference to the appropriate officials by facsimile transmission; and (3)making one or more telephone calls or e-mail message transmissions to the appropriate officials to request a telephone conference. (4)At any time the operator makes contact with the appropriate officials and schedules a telephone conference call, no further attempts to make contact under this section are necessary. However, if a scheduled telephone conference call does not take place, the operator or operator's representative shall make an effort to re-schedule the telephone conference call with the officials using one of the methods in paragraphs (1)-(3) of this subsection before proceeding to mail the liaison information pursuant to subsection (d) of this section. (d)Mailing liaison information. If the operator or the operator's representative has made all of the efforts required by subsections (b) and (c) but has not successfully arranged either a meeting in person or a telephone conference, the community liaison information required to be conveyed may be delivered by mailing the information by certified mail, return receipt requested. (e)Proximity to public school. Each owner or operator of a hazardous liquid or carbon dioxide pipeline or pipeline facility any part of which is located within 1,000 feet of a public school building or recreational area shall: (1)consult with the fire department in whose jurisdiction the school is located or another appropriate local emergency response entity regarding the emergency response plan prepared as required by 49 CFR Part 195; and (2)present the plan: (A)at the first annual budget meeting of the board of trustees of the school district in which the school is located after the plan is developed; and (B)at subsequent annual budget meetings of the board of trustees of the school district on the request of the board. (3)If the operator is unable to make the presentation at the annual budget meeting, the operator may make the presentation at any other meeting of the board of trustees that is mutually agreeable to the operator and the board. (f)Components of presentation. Pipeline operators may use proposed API Recommended Practice 1162, entitled Public Awareness Programs for Pipeline Operators, as guidance in preparing and presenting the public education program for school districts required by this section. The liaison presentation shall contain the following components: (1)a description of the pipeline and pipeline facilities within 1,000 feet of a school building or recreational area; (2)a list of the products carried by the pipelines and material safety data sheets for the products; (3)general facility maps; (4)names and phone numbers of pipeline emergency response personnel to contact in the event of an emergency; (5)provisions for an emergency preparedness drill; and (6)information regarding the prevention of third party damage to the pipeline. (g)Records. The operator shall maintain records documenting compliance with the liaison activities required by this section. Records of attendance and acknowledgment of receipt by the emergency response officials and school board or school district superintendent shall be retained for five years from the date of the event that is commemorated by the record. Records of certified mail and/or telephone transmissions undertaken in compliance with subsections (b) and (c) of this section satisfy the record-keeping requirements of this subsection.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on February 26, 2003
TRD-200301423 Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest
possible date of adoption: April 13, 2003
For further information, please call: (512) 475-1295
|
