43 Tex. Admin. Code § 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 the Texas Division of Emergency Management for use by 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 into, out of, within, or 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) 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.

(2) Railroad line --A length of railroad that is designated in the current railroad timetable. The term includes a railroad subdivision, branch line, industrial lead, and spur line. The term does not include a business track.

(3) 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 United 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, the principal operating officer for the railroad in each operating division or district in the state, and the current timetable for railroad operations in the divisions or districts;

(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 contact information of each railroad employee who is responsible for managing hazardous materials transportation in the state for the railroad; and

(5) for each county, a hazardous materials commodity report that satisfies subsection (d) of this section and that shows each type of hazardous material transported in the state during the reporting year over each railroad line owned, leased, or operated by the railroad or railroad line over which hazardous material was transported by trackage rights or haulage rights.

(d) Contents of hazardous materials commodity report.

(1) A hazardous materials commodity report, at a minimum, must contain:

(A) the county name;

(B) the railroad line name;

(C) the Standard Transportation Commodity Code for the hazardous material;

(D) the United Nations (UN)/ North American (NA) number assigned to the hazardous material;

(E) the packing group of the hazardous material;

(F) the proper shipping name of the hazardous material;

(G) the current Emergency Response Guidebook number for the hazardous material, if applicable;

(H) the United States Department of Transportation's hazard class and division for the hazardous material as assigned by 49 C.F.R. Part 173 or the identification designation specified in 40 C.F.R. Part 261;

(I) the total number of residue cars transported in the county during the reporting year;

(J) the total number of loaded cars transported in the county during the reporting year;

(K) the total number of residue intermodal containers transported in the county during the reporting year;

(L) the total number of loaded intermodal containers transported in the county during the reporting year; and

(M) the sum of the numbers reported under subparagraphs (I), (J), (K), and (L) for the county.

(2) The railroad must label a hazardous materials commodity report as sensitive security information if the report contains information defined as sensitive security information under 49 C.F.R. Part 1520.

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

(f) Format. A railroad shall provide the information required by this section in the format 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.

Notes

43 Tex. Admin. Code § 7.35

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; Amended by Texas Register, Volume 50, Number 07, February 14, 2025, TexReg 0865, eff. 2/19/2025