1. (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 Part 195, the operator shall report to the Commission as follows.

   1. (1) Incidents involving crude oil. In the event of an accident involving crude oil, the operator shall:

      1. (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 following discovery of the incident (within two hours) and include the following information:

         1. (i) company/operator name;
         2. (ii) location of leak or incident;
         3. (iii) time and date of accident/incident;
         4. (iv) fatalities and/or personal injuries;
         5. (v) phone number of operator;
         6. (vi) other significant facts relevant to the accident or incident.
      2. (B) within 30 days of discovery of the incident, submit a completed Form H-8 to the Oil and Gas Division of the Commission. In situations specified in the 49 CFR Part 195, the operator shall also file duplicate copies of the required Department of Transportation form with the Division.

   2. (2) Hazardous liquids, other than crude oil, and carbon dioxide. For incidents involving hazardous liquids, other than crude oil, and carbon dioxide, the operator shall:

      1. (A) notify the Division of such incident by telephone at the earliest practicable moment following discovery (within two hours); and
      2. (B) within 30 days of discovery of the incident, file in duplicate with the Division a written report using the appropriate Department of Transportation form (as required by 49 CFR Part 195) or a facsimile.
2. (b) Annual report. Each operator shall file with the Commission an annual report on Form PS-45 listing line sizes and lengths, hazardous liquids or carbon dioxide being transported, and accident/failure data. The report shall be filed with the Commission on or before March 15 of a year for the preceding calendar year reported.
3. (c) Facility response plans. Simultaneously with filing either an initial or a revised facility response plan with the United States Department of Transportation, each operator shall submit to the Division a copy of the initial or 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.

Source Note:The provisions of this §8.301 adopted to be effective November 24, 2004, 29 TexReg 10733.