| (a) Accident reports. In the event of any failure or
accident involving an intrastate pipeline facility from which any
hazardous liquid or carbon dioxide is released, if the failure or
accident is required to be reported by 49 CFR §§195.50 or
195.52, the operator shall also report to the Commission as follows.
(1) Accidents involving crude oil. In the event of
an accident involving crude oil, the operator shall:
(A) notify the Division, which shall notify the Commission's
appropriate Oil and Gas district office, by telephone to the Commission's
emergency line at (512) 463-6788 at the earliest practicable moment
but no later than one hour following confirmed discovery of the accident
and include the following information:
(i) company/operator name;
(ii) location of accident;
(iii) time and date of accident;
(iv) fatalities and/or personal injuries;
(v) phone number of operator;
(vi) telephone number of operator;
(vii) telephone number of the operator's on-site person;
(viii) other significant facts relevant to the accident,
such as ignition, explosion, rerouting of traffic, evacuation of any
building, and media interest; and
(B) following the initial telephonic report for accidents
described in paragraph (1) of this subsection, the operator shall
retain its records and provide to the Commission upon request the
applicable written reports submitted to the DOT. Operators of hazardous
liquids gathering pipelines regulated by §8.110 of this title
(relating to Gathering Pipelines) shall file with the Commission a
written report on an accident described in paragraph (1) of this subsection
utilizing the applicable form from the DOT within 30 calendar days
after the date of the accident.
(2) Accidents involving hazardous liquids, other than
crude oil, and carbon dioxide. For accidents involving hazardous liquids,
other than crude oil, and carbon dioxide, the operator shall:
(A) notify the Division of such accident by telephone
to the Commission's emergency line at (512) 463-6788 at the earliest
practicable moment following confirmed discovery (within one hour)
and include the information listed in paragraph (1)(A)(i) - (viii)
of this subsection; and
(B) within 30 days of discovery of the accident, complete
and retain the written report as required by 49 CFR Part 195. An operator
shall provide a copy of the accident report to the Commission upon
request. Operators of hazardous liquids gathering pipelines regulated
by §8.110 of this title shall file with the Commission a written
report on an accident described in paragraph (2) of this subsection
utilizing the applicable form from the DOT within 30 calendar days
after the date of the accident.
(b) Annual report. Each operator shall retain the annual
report required by 49 CFR Part 195 for its intrastate systems. An
operator shall provide a copy of the annual report to the Commission
upon request.
(c) Safety-related condition reports. Each operator
shall submit to the Division in writing a safety-related condition
report for any condition specified in 49 CFR Part 195.
(d) Facility response plans. An operator required to
file an initial or a revised facility response plan, prepared under
the Oil Pollution Act of 1990 for all or any part of a hazardous liquid
pipeline facility located landward of the coast, with the Department
of Transportation is not required to concurrently file the plan with
the Commission, but shall retain a copy and provide it to the Commission
upon request.
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| Source Note: The provisions of this §8.301 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective April 25, 2017, 42 TexReg 2166; amended to be effective January 6, 2020, 45 TexReg 121 |
