16 TAC §8.315
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 As originally enacted, that provision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.
§8.315.Hazardous Liquids and Carbon Dioxide Pipelines or Pipeline Facilities Located Within 1,000 Feet of a Public School Building or Facility.
(a)
In addition to the requirements of §8.310 of this
title (relating to Hazardous Liquids and Carbon Dioxide Pipelines Public Education
and Liaison), each owner or operator of each intrastate hazardous liquids
pipeline or pipeline facility and each intrastate carbon dioxide pipeline
or pipeline facility shall comply with this section.
(b)
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.
(c)
Each pipeline owner and operator to which this section
applies shall, 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,
file with the Commission's Gas Services Division, Pipeline Safety Section,
the following information:
(1)
the name of the school;
(2)
the street address of the school; and
(3)
the identification (system name) of the pipeline.
(d)
Each pipeline owner and operator to which this section
applies shall:
(1)
upon written request from a school district, provide in
writing the following parts of a pipeline emergency response plan that are
relevant to the school:
(A)
a description and map of the pipeline facilities that are
within 1,000 feet of the school building or facility;
(B)
a list of any product transported in the segment of the
pipeline that is within 1,000 feet of the school facility;
(C)
the designated emergency number for the pipeline facility
operator;
(D)
information on the state's excavation one-call system;
and
(E)
information on how to recognize, report, and respond to
a product release; and
(2)
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.
(e)
A pipeline operator or the operator's representative shall
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.
(f)
Records. Each owner or operator shall maintain records
documenting compliance with the requirements of this section. Records of attendance
and acknowledgment of receipt by the 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 transmissions undertaken in compliance
with 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 July 8, 2003.
TRD-200304139
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 475-1295