N.Y. Comp. Codes R. & Regs. Tit. 16 § 255.616 - Customer education and information program

(a) Except for an operator of a petroleum gas system covered under subdivision (j) of this section, 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 (as described in section 10.3 of this Title).

(b) The operator's program must follow the general program recommendations of API RP 1162 (as described in section 10.3 of this Title) and assess the unique attributes and characteristics of the operator's pipeline and facilities.

(c) The operator must follow the general program recommendations of API RP 1162 (as described in section 10.3 of this Title), 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.

(d) The operator's program must specifically include provisions to educate the public, appropriate government organizations, and persons engaged in excavation related activities on:

(1) use of a one-call notification system prior to excavation and other damage prevention activities;

(2) possible hazards associated with unintended releases from a gas pipeline facility;

(3) physical indications that such a release may have occurred;

(4) steps that should be taken for public safety in the event of a gas pipeline release; and

(5) procedures for reporting such an event.

(e) The program must include activities to advise affected municipalities, school districts, businesses, and residents of pipeline facility locations.

(f) The program and the media used must be as comprehensive as necessary to reach all areas in which the operator transports gas.

(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.

(h) Operators in existence on June 20, 2005, must have completed their written programs no later than June 20, 2006. As an exception, operators of petroleum gas or petroleum gas/air distribution systems having less than 25 customers must have completed development and documentation of their programs no later than June 20, 2007. The operator of a petroleum gas system covered under subdivision (j) of this section must complete development of its written procedure by June 13, 2008.

(i) The operator's program documentation and evaluation results must be available for periodic review by appropriate regulatory agencies.

(j) Unless the operator transports gas as a primary activity, the operator of a petroleum gas system is not required to develop a public awareness program as prescribed in subdivisions (a) through (g) of this section. Instead the operator must develop and implement a written procedure to provide its customers public awareness messages twice annually. If the petroleum gas system is located on property the operator does not control, the operator must provide similar messages twice annually to persons controlling the property. The public awareness message must include:

(1) a description of the purpose and reliability of the pipeline;

(2) an overview of the hazards of the pipeline and prevention measures used;

(3) information about damage prevention;

(4) how to recognize and respond to a leak; and

(5) how to get additional information.

(k) In addition, the program shall include annual distribution of plain language literature, news releases and commercial messages to advise the public of the importance of the inspection and cleaning of flues and chimneys on a periodic basis, regardless of the fuel used (particularly whenever converting to gas usage), and to provide information on identifying symptoms of carbon monoxide exposure including recommended remedial measures.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 16 § 255.616