The Railroad Commission of Texas proposes new §8.315, relating to Hazardous Liquids and Carbon Dioxide Pipelines or Pipeline Facilities Located Within 1,000 Feet of a Public School Building or Facility. The Commission proposes new §8.315 to implement Texas Natural Resources Code, §117.012, as amended by House Bill (HB) 1931, 78th Legislature, Regular Session (2003). The Commission published proposed new §8.310, relating to hazardous liquids and carbon dioxide pipelines public education and liaison, in the March 14, 2003, issue of the Texas Register , based on the version of Texas Natural Resources Code, §117.012, enacted by Senate Bill (SB) 310, 77th Legislature, 2001. As originally enacted, that provision set forth specific requirements for the Commission's rules under which owners and operators of hazardous liquids and carbon dioxide pipelines and pipeline facilities located within 1,000 feet of a public school building or facility were to interact with public school officials regarding emergency response plans. Those requirements have been changed significantly by HB 1931; therefore, the Commission did not adopt the provisions in new §8.310 and instead proposes a new rule.

Proposed new §8.315(a) requires owners or operators of each intrastate hazardous liquids pipeline or pipeline facility and each intrastate carbon dioxide pipeline or pipeline facility to comply with this section, in addition to complying with the requirements of new §8.310, relating to hazardous liquids and carbon dioxide pipelines public education and liaison.

Proposed new §8.315(b) provides that this section applies to 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 containing classrooms, or within 1,000 feet of any other public school facility where students congregate.

Proposed new §8.315(c) requires each pipeline owner and operator to which this section applies to identify, for each pipeline or pipeline facility, any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of any other public school facility where students congregate, the name of the school, the street address of the school; and the identification (system name) of the pipeline. This information must be filed with the Commission's Gas Services Division, Pipeline Safety Section.

Proposed new §8.315(d) requires each pipeline owner and operator to which this section applies to take certain actions. Upon written request from a school district, the owner or operator must provide in writing the following parts of a pipeline emergency response plan that are relevant to the school: a description and map of the pipeline facilities that are within 1,000 feet of the school building or facility; a list of any product transported in the segment of the pipeline that is within 1,000 feet of the school facility; the designated emergency number for the pipeline facility operator; information on the state's excavation one-call system; and information on how to recognize, report, and respond to a product release. The owner or operator must also mail a copy of the requested items by certified mail, return receipt requested, to the superintendent of the school district in which the school building or facility is located.

Proposed new §8.315(e) requires a pipeline operator or the operator's representative to appear at a regularly scheduled meeting of the school board to explain the items listed in subsection (c) if requested by the school board or school district.

Finally, proposed new §8.315(f) requires each owner or operator to maintain records documenting compliance with the requirements of the section. Records of attendance and acknowledgment of receipt by the school board or school district superintendent must be retained for five years from the date of the event commemorated by the record. Records of certified mail transmissions undertaken in compliance with this section satisfy the record-keeping requirements of this subsection.

Mary McDaniel, Assistant Director, Gas Services Division, Pipeline Safety Section, has determined that for each of the first five years the proposed new section is in effect there will be no fiscal implications for state government as a result of enforcing or administering the rule. Owners and operators of hazardous liquids and carbon dioxide pipelines and pipeline facilities are already required to have emergency response plans in place and to be conducting community liaison and education activities pursuant to federal pipeline safety standards set forth at 49 CFR Part 195.

There may be fiscal implications for local governments, specifically school districts, that request a presentation by an operator of a hazardous liquids or carbon dioxide pipeline at a regularly scheduled meeting of the district's school board. Because such a presentation might be of great interest to the school community, the district might incur some additional costs in accommodating a larger than normal attendance. However, because the presentation by the pipeline operator is at the discretion of the school board, such costs may be avoided altogether.

Ms. McDaniel has also determined that the public benefit anticipated as a result of the new section will be a general improvement of the communication between pipeline operators and school district administrators concerning emergency response plans specific to school facilities. Specifically there is an anticipated increase in the overall safety of occupants of public school buildings containing classrooms and other public school facilities where students congregate that are within 1,000 feet of an intrastate hazardous liquids or carbon dioxide pipeline or pipeline facility as school officials become aware of any hazardous liquid or carbon dioxide pipeline facilities located near school property, as well as the occupants becoming more aware of the proper procedures to follow in the event of an emergency involving pipeline facilities. Interested persons might have the opportunity to attend an open meeting of a school board at which the emergency response plan is presented. School officials would have the opportunity to provide this information to its students and their parents and to school employees in a manner and format that enhances safety awareness.

The requirements in the proposed new rule are consistent with the provisions of HB 1931 that amended Texas Natural Resources Code, §117.012, regarding the provision of information to school districts. However, owners and operators of hazardous liquids and carbon dioxide pipelines and pipeline facilities may incur additional costs in identifying public school building containing classrooms and any other public school facility where students congregate that are within 1,000 feet of intrastate hazardous liquids or carbon dioxide pipelines or pipeline facilities and reporting this information to the Commission. Operators of intrastate hazardous liquids or carbon dioxide pipelines or pipeline facilities may incur the costs of preparing and mailing requested information to local school boards, or of presenting information to the local school boards if requested to do so; however, much of the information should already be included in the emergency response plans prepared pursuant to 49 CFR Part 195. The additional costs would be incurred for reproducing documents and attending a school board meeting or other forum for presenting the information. The Commission has no information on the number or type of intrastate hazardous liquids or carbon dioxide pipelines or pipeline facilities that are located within 1,000 feet of a public school building containing classrooms and any other public school facility where students congregate.

The Commission has no information that would identify any owner or operator of a hazardous liquids or carbon dioxide pipeline or pipeline facilities as an individual or as a small business or micro-business as those terms are defined in Texas Government Code, §2006.001. However, should there be an owner or operator that is an individual, a small business, or a micro- business, there should be only minimal additional costs for such pipeline operators to comply with the proposed new rule. The operators should have already developed and put in place appropriate emergency response plans pursuant to federal pipeline safety standards set forth in 49 CFR Part 195. The cost for individual, small business, or micro-business pipeline operators to comply with proposed new §8.315 cannot be determined because not only does the Commission not collect information as to the status of pipeline owners and operators as individuals, small businesses, or micro-businesses, the Commission does not have data for any pipeline regarding the number of employees, its costs per hour of labor, or its costs per $100 of sales. Although the Commission is not able to provide actual comparisons of the cost of compliance pursuant to Texas Government Code, §2006.002(c), the Commission reasons that a description of the manner in which any pipeline owner or operator subject to the proposed new rule would expend money or resources to comply with it substantially complies with the requirement of Texas Government Code, §2001.024, by providing sufficient information to enable pipeline owners and operators to determine whether to participate in this rulemaking proceeding.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 60 days after publication in the Texas Register and should refer to Gas Utilities Docket No. 9330. The Commission encourages all interested persons to submit comments no later than the deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Ms. McDaniel at (512) 463-7058. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

The Commission proposes new §8.315 pursuant to Texas Natural Resources Code, §117.011, which gives the Commission jurisdiction over all pipeline transportation of hazardous liquids or carbon dioxide and over all hazardous liquid or carbon dioxide pipeline facilities as provided by 49 U.S.C. §60101, et seq ., and §117.012, as amended by HB 1931, 78th Legislature, Regular Session (2003), which directs the Commission to adopt rules regarding public education and awareness concerning hazardous liquid or carbon dioxide pipeline facilities and community liaison for the purpose of responding to an emergency concerning a hazardous liquid or carbon dioxide pipeline facility and mandates that the Commission require operators of hazardous liquids or carbon dioxide pipelines or pipeline facilities to conduct liaison activities with fire, police, and other appropriate public emergency response officials by meetings in person except as otherwise provided by §117.012, and requires that the Commission adopt rules that require the owner or operator of each intrastate hazardous liquid or carbon dioxide pipeline facility any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of another public school facility where students congregate, to provide specified emergency response information to school officials upon request.

Statutory authority: Texas Natural Resources Code, §117.011 and §117.012.

Cross-reference to statute: Texas Natural Resources Code, §117.011 and §117.012.

Issued in Austin, Texas on July 8, 2003.