Current through Register Vol. 54, No. 37, September 14, 2024
Section 59.140 - Operations and maintenance(a)Scope. This section establishes requirements for a hazardous liquid public utility operating and maintaining a pipeline.(b)Emergency procedures manual and activities. In addition to adhering to 49 CFR 195.402 (relating to procedural manual for operations, maintenance, and emergencies), a hazardous liquid public utility shall establish and maintain liaison with emergency responders and shall consult with them in developing and updating an emergency procedures manual, which must be made available upon request to the Pipeline Safety Section, addressing emergency procedures and activities.(c)Liaison activities with emergency responders. A hazardous liquid public utility shall communicate and conduct liaison activities at least twice a year with emergency responders or as prescribed in this section. The liaison activities include those required by 49 CFR 195.402(c)(12) and this section. Liaison activities must be conducted in person, except as provided by paragraph (2).(1)Meetings in person. When a hazardous liquid public utility makes contact with the emergency responders and schedules a meeting in person, no further attempts to make contact under this paragraph are required. If a scheduled meeting does not take place, the hazardous liquid public utility shall make an effort to reschedule the meeting in person using at least one of the following methods before arranging liaison activities under paragraph (2). (i) Mailing a written request for a meeting in person to the emergency responders by certified mail, return receipt requested.(ii) Making at least one telephone call, facsimile transmission or electronic mail message transmission to the emergency responders to request an in-person meeting.(2)Alternative methods. A hazardous liquid public utility may conduct required liaison activities by the following alternative methods only if the hazardous liquid public utility has completed at least one of the steps in paragraph (1) to conduct an in-person community liaison meeting with the emergency responders. If a hazardous liquid public utility cannot arrange an in-person meeting after complying with paragraph (1), the hazardous liquid public utility shall conduct liaison activities by doing any of the following: (i) Holding a videoconference or a telephone conference with the emergency responders.(ii) Delivering the liaison information required to be conveyed by certified mail, return receipt requested.(3)Hazard assessment zone analysis. A hazardous liquid public utility shall conduct an annual hazard assessment zone analysis through its integrity management program and present its findings, within 60 days of completion of the analysis, to emergency responders that have executed a nondisclosure agreement.(4)Continuing education program. A hazardous liquid public utility shall develop a continuing education program for emergency responders and the affected public to inform them of the location of the pipeline, potential emergency situations involving the pipeline and the safety procedures to be followed in the event of an emergency.(5)Table-top drill program. A hazardous liquid public utility shall conduct table-top drills with emergency responders twice a year to simulate a pipeline emergency. The table-top drills must be conducted on different pipelines and products and in the counties where the hazardous liquid public utility's pipelines are located.(6)Response drill program. A hazardous liquid public utility shall conduct response drills with emergency responders at least once a year to simulate a pipeline emergency. The response drills must be conducted on different pipelines and products and in the counties where the hazardous liquid public utility's pipelines are located.(7)Records of liaison activities with emergency responders. A hazardous liquid public utility shall maintain records documenting compliance with this subsection. Records must be retained for 7 years from the date of the event commemorated by the record.(d)Liaison activities with school administrators when a school building or facility is located within 1,000 feet, or within the LFL, of a pipeline or pipeline facility, whichever is greater. A hazardous liquid public utility shall comply with this section when a school building containing classrooms or any other school facility where students congregate is located within 1,000 feet, or within the LFL, of a pipeline or pipeline facility. (1)Maintaining records. For a school building containing classrooms or school facility where students congregate located within 1,000 feet, or within the LFL, of a pipeline or pipeline facility, whichever is greater, a hazardous liquid public utility shall maintain and, upon request, provide the Pipeline Safety Section, with all of the following information:(i) The name of the school and the contact information for the school administrators.(ii) The street address of the school building or facility.(iii) Pipeline identification information.(2)Furnishing records. A hazardous liquid public utility shall, upon written request from a school administrator with a school building or facility where students congregate within 1,000 feet, or within the LFL, of a pipeline or pipeline facility, whichever is greater, provide in writing the following parts of a pipeline emergency response plan that are relevant to the school: (i) A list of any product transported in the segment of the pipeline.(ii) Emergency contact information.(iii) Information regarding the Commonwealth's One Call system.(iv) Information regarding how to recognize, report and respond to a product release.(3)School administrator meetings. A hazardous liquid public utility subject to paragraph (2) shall appear at a regularly scheduled meeting of school administrators, upon request by the school administration, to explain the items listed in paragraph (2)(i)-(iv).(4)Records. A hazardous liquid public utility shall retain records documenting compliance with this subsection for 7 years from the date of the event that is commemorated by the record.(e)Public awareness communication requirements beyond API RP 1162. The requirements of this subsection apply to the affected public, emergency responders and public officials within the LFL of a pipeline.(1)Baseline messages. A hazardous liquid public utility shall provide baseline messages: (i) To the affected public at least twice a year, with additional frequency and supplemental efforts as determined by specifics of the pipeline segment or environment under Section 6 of API RP 1162. The message must include a warning that a leak from the hazardous liquid pipeline can cause property damage, personal injury, burns, asphyxiation or death, or any combination of these damages and injuries.(ii) To emergency responders at least twice a year, with additional frequency and supplemental efforts as determined by specifics of the pipeline segment or environment under Section 6 of API RP 1162.(iii) To public officials annually with additional frequency and supplemental efforts as determined by specifics of the pipeline segment or environment under Section 6 of API RP 1162.(2)Meetings. A hazardous liquid public utility shall do all of the following:(i) Hold at least one open house or group meeting annually whereby the affected public can receive information or an overview as part of the hazardous liquid public utility's supplemental activities for the affected public, as prescribed in Table 2-1 of API RP 1162.(ii) Meet with emergency responders once per quarter to discuss emergency response as part of the hazardous liquid public utility's baseline activities for emergency officials, as prescribed in Table 2-1 of API RP 1162.(iii) Meet with public officials annually, upon request.(3)Updates. A hazardous liquid public utility shall evaluate its written continuing public education program annually. An update to a program must be provided to the Pipeline Safety Section for review for compliance with 49 CFR 195.440 (relating to public education).(f)Line markers. In addition to the requirements set forth in 49 CFR 195.410 (relating to line markers) a hazardous liquid public utility shall place line markers for buried and above-ground pipelines as follows:(1) Along a pipeline's right-of-way in a manner that two line markers, one in each direction, are visible at any point while standing at ground level at the pipeline, except in a heavily developed urban areas where the placement of the markers is impractical. In a heavily developed urban environment, the hazardous liquid public utility shall use low-profile markers.(2) At either side of a water crossing.(3) At all above-ground pipeline appurtenances.(g)Inspection of pipeline rights-of-way. In addition to the requirements of 49 CFR 195.412 (relating to inspection of rights-of-way and crossings under navigable waters), a hazardous liquid public utility shall inspect pipeline facilities in non-HCAs using ground patrol at least twice a year, not to exceed every 6 1/2 months, and in HCAs using ground patrol at least four times a year, not to exceed every 3 1/2 months. The ground patrol shall include inspection along the right-of-way to ascertain surface conditions on or adjacent to the right-of-way. The ground patrol path must not exceed lateral distance of 25 feet from the center of the right-of-way.Adopted by Pennsylvania Bulletin, Vol 54, No. 37. September 14, 2024, effective 9/14/2024