(a) At the earliest practical moment or within two hours following discovery, a licensee owning, operating, or servicing equipment or an installation shall notify AFS by telephone of any incident or accident involving CNG which:
(1) caused a death or personal injury requiring hospitalization;
(2) required taking an operating facility out of service;
(3) resulted in unintentional gas ignition requiring emergency response;
(4) meets the requirements of subsection (c) of this section;
(5) caused an estimated damage to the property of the operator, others or both totaling $50,000 or more, including gas loss;
(6) involves a single release of CNG during or following CNG transfer or during container transportation. Any loss of CNG which is less than 1.0% of the gross amount delivered, stored, or withdrawn need not be reported. However, any loss occurring as a result of a pullaway shall be reported;
(7) could reasonably be judged as significant because of rerouting of traffic, evacuation of buildings, or media interest, even though it does not meet paragraphs (1) - (6) of this subsection; or
(8) is required to be reported to any other state or federal agency (such as the Texas Department of Public Safety or the United States Department of Transportation).
(b) The telephonic notice required by this section shall be made to the Railroad Commission's 24‑hour emergency line at (512) 463‑6788 or (844) 773-0305 and shall include the following:
(1) date and time of the incident;
(2) name of reporting operator;
(3) phone number of operator;
(4) location of leak or incident;
(5) personal injuries and/or fatalities;
(6) whether fire, explosion, or gas leak has occurred;
(7) status of gas leak or other immediate hazards;
(8) other significant facts relevant to the incident; and
(9) whether immediate assistance from AFS is requested.
(c) Any transport unit required to be registered with AFS in accordance with §13.69 of this title (relating to Registration and Transfer of CNG Cargo Tanks and Delivery Units) which is involved in an accident where there is damage to the tank, piping or appurtenances, or any release of CNG resulting from an accident shall be reported to AFS in accordance with this section regardless of the accident location. Any CNG powered motor vehicle used for school transportation or mass transit including any state owned vehicle which is involved in an accident resulting in a substantial release of CNG or damage to the CNG conversion equipment shall be reported to AFS in accordance with this section regardless of accident location.
(d) Following the initial telephone report, the licensee who made the telephonic report shall submit CNG Form 1020 to AFS. The form shall be postmarked within 14 calendar days of the date of initial notification to AFS, or within five business days of receipt of the fire department report, whichever occurs first, unless AFS grants authorization for a longer period of time when additional investigation or information is necessary.
(e) Within five business days of receipt, AFS shall review CNG Form 1020 and notify in writing the person submitting CNG Form 1020 if the report is incomplete and specify in detail what information is lacking or needed. Incomplete reports may delay the resumption of CNG activities at the involved location.
Source Note: The provisions of this §13.36 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035