Hazardous Liquids and Carbon Dioxide Pipelines Public Education and Liaison

(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 at intervals not exceeding 15 months, but at least once each calendar year 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 completed one 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; or#

(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)Alternative methods. 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 conduct community liaison activities by one of the following methods:#

(1)holding a telephone conference with the appropriate officials; or#

(2)delivering the community liaison information required to be conveyed by certified mail, return receipt requested.#

(d)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 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.#

Source Note: The provisions of this §8.310 adopted to be effective July 28, 2003, 28 TexReg 5864; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective August 30, 2010, 35 TexReg 7743#