Current through Register Vol. 50, No. 11, November 20, 2024
Section V-30440 - Public Awareness [49 CFR 195.440]A. Each pipeline operator must develop and implement a written continuing public education program that follows the guidance provided in the American Petroleum Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see §30107). [ 49 CFR 195.440(a)] B. The operator's program must follow the general program recommendations of API RP 1162 and assess the unique attributes and characteristics of the operator's pipeline and facilities, except as stated in Paragraph B.1. [ 49 CFR 195.440(b)] 1. Regulatory inspections are not an acceptable alternative to conducting an annual audit for measuring program implementation as mentioned in API RP 1162 section 8. 3C. The operator must follow the general program recommendations, including baseline and supplemental requirements of API RP 1162, unless the operator provides justification in its program or procedural manual as to why compliance with all or certain provisions of the recommended practice is not practicable and not necessary for safety. [ 49 CFR 195.440(c)] D. The operator's program must specifically include provisions to educate the public, appropriate government organizations, and persons engaged in excavation related activities on: [ 49 CFR 195.440(d)] 1. use of a one-call notification system prior to excavation and other damage prevention activities; [ 49 CFR 195.440(d)(1)] 2. possible hazards associated with unintended releases from a hazardous liquid or carbon dioxide pipeline facility; [ 49 CFR 195.440(d)(2)] 3. physical indications that such a release may have occurred; [ 49 CFR 195.440(d)(3)] 4. steps that should be taken for public safety in the event of a hazardous liquid or carbon dioxide pipeline release; and [ 49 CFR 195.440(d)(4)] 5. procedures to report such an event. [ 49 CFR 195.440(d)(5)] E. The program must include activities to advise affected municipalities, school districts, businesses, and residents of pipeline facility locations. [ 49 CFR 195.440(e)] F. The program and the media used must be as comprehensive as necessary to reach all areas in which the operator transports hazardous liquid or carbon dioxide. [ 49 CFR 195.440(f)] G. The program must be conducted in English and in other languages commonly understood by a significant number and concentration of the non-English speaking population in the operator's area. [ 49 CFR 195.440(g)] H. Operators in existence on June 20, 2005, must have completed their written programs no later than June 20, 2006. Upon request, operators must submit their completed programs to PHMSA or, in the case of an intrastate pipeline facility operator, the appropriate state agency. [ 49 CFR 195.440(h)] I. The operator's program documentation and evaluation results must be available for periodic review by appropriate regulatory agencies. [ 49 CFR 195.440(i)] La. Admin. Code tit. 33, § V-30440
Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 29:2829 (December 2003), amended LR 33:470 (March 2007), LR 35:2797 (December 2009), LR 38:106 (January 2012), Amended LR 441028 (6/1/2018).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:703.