Railroad Commission of Texas – Proposed updates to Pipeline Regulations

The Texas Railroad Commission (TRRC) proposes amendments to their pipeline safety regulations in chapter 8 of Title 16. Economic Regulation, sections §§8.1, 8.5, 8.101, 8.130, 8.201, 8.235, 8.310, and 8.315, relating to General Applicability and Standards; Definitions; Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines; Enforcement; Pipeline Safety Program Fees; Natural Gas Pipelines Public Education and Liaison; Hazardous Liquids and Carbon Dioxide Pipelines Public Education and Liaison; and Hazardous Liquids and Carbon Dioxide Pipelines or Pipeline Facilities Located Within 1,000 Feet of a Public School Building or Facility. The purpose of the amendments is to update federal provisions and citations, to correct the name of the Safety Division to Pipeline Safety Division, and to conform the rules to the statutory changes regarding community liaison activities enacted by House Bill 4300, 81st Legislative Session (Regular Session, 2009).

TRRC proposes the amendments in §8.1(b) to update the minimum safety standards and to adopt by reference the United States Department of Transportation’s (USDOT) pipeline safety standards found in 49 CFR parts 191, 192, 193, 195, and 199. The current rule adopts the federal pipeline safety standards as of August 25, 2008; the proposed amendment will show this date as February 12, 2010. The amendments proposed in §8.235 and §8.310 conform these rules to the revised wording enacted in Texas Utilities Code, §121.2015(c) and (d), and in Texas Natural Resources Code, §117.012(i) and (j) by House Bill 4300 regarding the process by which the operators of natural gas, hazardous liquids, and carbon dioxide pipelines conduct community liaison activities with fire, police, and other appropriate public emergency response officials. The liaison activities must be conducted in person, except as provided by statute. The revised statutory language permits pipeline operators to dispense with having to make multiple efforts to conduct face-to-face meetings; if a pipeline operator is unable to arrange a meeting in person, the operator may conduct liaison activities either by telephone conference call or by delivering liaison information by certified mail, return receipt requested. The proposed amendments in §8.235 and §8.310 mirror the statutory wording. The remaining proposed amendments merely correct the name of the Pipeline Safety Division.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, PO Box 12967, Austin, Texas 78711-2967; online; or by electronic mail.

TRRC will accept comments until noon (12:00 p.m.) on Monday, July 26, 2010, which is 31 days after publication in the Texas Register; comments should refer to GUD No. 9989. For further information, call Ms. Mary McDaniel, P.E., Director, Pipeline Safety Division at (512) 463-7166. The status of TRRC rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.php.

For a copy of the proposed updates to TRRC’s Chapter 8 Pipeline Regulations, contact Jessica Roger.