SECTION 7.35. Hazardous Materials--Written Reports

(a) Policy. It is the policy of the department to provide information regarding the type and quantity of hazardous materials transported within the state to local emergency planning agencies in areas containing reported railroad operations. It is also department policy to collect such information in order for the department to more efficiently allocate hazardous materials inspection resources. To accomplish these policies, each railroad that transports a hazardous material through the state is required to adhere to certain reporting requirements relating to the transportation of hazardous materials.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Emergency management program--An emergency management program established under Government Code, Chapter 418, Subchapter E.

(2) Hazardous material--Any substance transported by a railroad which is included within the requirements of the railcar placarding regulations adopted by the United States Department of Transportation and published in the C.F.R., Title 49.

(3) Railroad line segment--A length of railroad line over which hazardous materials are transported between two or more municipalities within the state that are also identified as stations on a current railroad timetable. A line segment will terminate at the nearest municipality where the frequency of cars-per-year transporting hazardous materials changes from one category, as defined in subsection (d)(2) of this section, to another.

(4) Reporting year--Calendar year (January 1-December 31) preceding the year the report is to be submitted.

(c) Reporting requirements. A railroad that transports hazardous materials in or through the state is required to file the following information with the department:

(1) when the department makes a written request, a copy of the report of each hazardous materials incident occurring within the state of Texas that the railroad company files with the Unites States Department of Transportation under 49 C.F.R. §171.16;

(2) a map delineating the geographical limits of the railroad operating divisions or districts and the principal operating officer for the railroad in each operating division or district in the state;

(3) a primary and secondary telephone number, which are manned 24 hours per day, for the railroad dispatcher responsible for train operations in each operating division or district in the state;

(4) the name and address of the railroad employee in charge of managing hazardous materials transportation for the railroad; and

(5) a report that satisfies subsection (d) of this section and that shows each type of hazardous material transported over each railroad line segment owned, leased, or operated by the railroad in the state during the reporting year.

(d) Contents of report.

(1) The type of hazardous material transported shall be identified by hazard class as defined by 49 C.F.R. Part 173, or 40 C.F.R. Part 261.

(2) The quantity of hazardous materials transported shall be classified into the following five categories depending on the number of shipments of hazardous materials transported in a year:

(A) more than 10,000 cars-per-year;

(B) 5,001 to 10,000 cars-per-year;

(C) 1,001 to 5,000 cars-per-year;

(D) 501 to 1,000 cars-per-year;

(E) 51 to 500 cars-per-year;

(F) one to 50 cars-per-year.

(3) Texas counties traversed by each railroad line segment shall be identified.

(4) The applicable railroad operating division or district shall be identified for each railroad line segment. A railroad line segment shall not traverse more than one railroad operating division or district.

(e) Reporting dates. Reports required by subsection (c)(2) - (5) of this section shall be filed with the department not later than April 1 of each year.

(f) Forms. Reporting shall be made as prescribed by the department.

(g) Variance. A railroad may request that the department grant a variance from the requirements of this section. The department shall process the application in accordance with §7.42 of this subchapter (relating to Administrative Review). The department may approve the variance only if the department will continue to receive information concerning the transportation of hazardous materials needed by local emergency planning agencies and needed to efficiently allocate the department's inspection resources. Any exception granted by the department shall be valid for a period not to exceed two years.

Source Note: The provisions of this §7.35 adopted to be effective January 5, 2006, 30 TexReg 8993; amended to be effective April 1, 2011, 36 TexReg 1690