WSR 98-22-111

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[Commission Docket No. UG-980962--Filed November 4, 1998, 11:43 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-16-011.

Title of Rule: WAC 480-93-010, adopt rules for liquefied natural gas facilities and recent natural gas amendments to comply with federal pipeline safety standards.

Purpose: Natural gas pipeline safety, adopting federal rules by reference to bring state rules into conformity with existing federal rules.

Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, 80.28.210.

Summary: Will add liquefied natural gas rules Part 193 of Title 49 Code of Federal Regulations (CFR) to WAC rules. Adopt recent federal amendments of Part 193 and Parts 191, 192, and 199 which were previously adopted as required by the Federal Department of Transportation - Office of Pipeline Safety under the Pipeline Safety Law, 49 U.S.C. § 60105.

Reasons Supporting Proposal: Pipeline safety. Adoption by reference of federal standards regarding natural gas rules and liquefied natural gas facilities will comply with federal requirements and support the state certification program.

Name of Agency Personnel Responsible for Drafting: Dennis Lloyd, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1319; Implementation and Enforcement: Carole J. Washburn, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.

Name of Proponent: Washington Utilities and Transportation Commission, governmental.

Rule is necessary because of federal law, 49 U.S.C. § 60105.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule making is necessary for the Washington Utilities and Transportation Commission (commission) to comply with Federal Pipeline Safety Law, 49 U.S.C. § 60101 et seq., which requires the adoption of the federal pipeline safety standards and penalties. The commission is certified for both natural gas and hazardous liquid pipeline safety programs. Congress, in passing the Pipeline Safety Law, fully intended that states would assume responsibility for intrastate pipeline safety, while the federal government retains responsibility for interstate pipeline safety. States are better positioned to provide local/state oversight and regulatory assistance to pipeline operators. The commission also participates in the OPS grants program. OPS has the authority to reimburse a state agency up to 50% of its pipeline safety program costs based upon the availability of funds and the state's performance. Rule making is necessary in order to comply with federal requirements in order for the commission to retain its certification and enhance pipeline safety under Pipeline Safety Law, 49 U.S.C. § 60101 et seq. to participate in the federal pipeline safety program.

Proposal Changes the Following Existing Rules: This proposal will add existing liquefied natural gas rules Part 193 of Title 49 Code of Federal Regulations (CFR), to Parts 191, 192, and 199, previously adopted, and adopt recent federal amendments.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Compliance with the referenced provisions is already required by federal law, so the proposal adds no new requirements.

RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995 (5)(b)(iii) exempts rules which adopt or incorporate by reference federal regulations without material change.

Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on December 9, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Pat Valentine by December 7, 1998, TDD (360) 586-8203, or (360) 664-1133.

Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, or e-mail to <records@wutc.wa.gov>, fax (360) 586-1150, by November 30, 1998. Please include Docket No. UG-980962 in your communication.

Date of Intended Adoption: December 9, 1998.

November 4, 1998

Gloria Papiez

for Carole J. Washburn

Secretary

OTS-2593.1

AMENDATORY SECTION (Amending Order R-437, Docket No. UG-951453, filed 6/10/96, effective 7/11/96)

WAC 480-93-010  Compliance with federal standards. Gas companies' gathering, storage, distribution, and transmission facilities ((of all gas operators in this state shall)) must be designed, constructed, maintained, and operated in compliance with the provisions of Title 49 ((CFR)) Code of Federal Regulations (CFR), Parts 191, 192, 193 and 199 in effect on the effective date of this rule((, except that any specific provisions in this chapter control in the event of inconsistency between this chapter and the referenced federal rules. 49 CFR, Parts 191, 192 and 199, are available for public inspection in the commission branch of the Washington state library, located with the headquarters office of the commission)). The provisions of this chapter shall govern to the extent that the standards in the state regulations are compatible with the federal standards. Copies of the above referenced regulations can be viewed at the commission branch of the Washington state library or are available from the Government Printing Office Bookstore, Seattle, Washington.

[Statutory Authority: RCW 80.01.040 and 80.28.210. 96-13-022 (Order R-437, Docket No. UG-951453), § 480-93-010, filed 6/10/96, effective 7/11/96; 95-13-082 (Order R-427, Docket No. UG-950061), § 480-93-010, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 80.01.040. 93-18-097 (Order R-396, Docket No. UG-930243), § 480-93-010, filed 9/1/93, effective 10/2/93; 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-010, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-010, filed 7/15/71; Order R-5, § 480-93-010, filed 6/6/69, effective 10/9/69.]