WSR 02-18-032

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. TO-000712, General Order No. R-500 -- Filed August 26, 2002, 1:41 p.m. ]

     In the matter of amending, adopting, and repealing chapter 480-75 WAC relating to hazardous liquid, gas, oil and petroleum pipeline companies -- Safety.

     1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 02-12-132, filed with the code reviser on June 5, 2002. The commission brings this proceeding pursuant to RCW 80.01.040 and 80.04.160.

     2 STATEMENT OF COMPLIANCE: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

     3 DATE OF ADOPTION: The commission adopts this rule to be effective on the date that this order is entered.

     4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325 requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the reasons for adopting the rule, a summary of the comments received regarding the proposed rule, and responses reflecting the commission's consideration of the comments.

     5 The commission often includes a discussion of those matters in its rule adoption order. In addition, most rule-making proceedings involve extensive work by commission staff that includes summaries in memoranda of stakeholder comments, commission decisions, and staff recommendations in each of those areas.

     6 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing and at the open meetings where the commission considered whether to begin a rule making and whether to propose adoption of specific language. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

     7 REFERENCE TO AFFECTED RULES: This order repeals the following sections of the Washington Administrative Code: WAC 480-75-002 Application of rules, 480-75-005 Compliance with federal standards, 480-75-010 Annual reports, 480-75-223 Civil penalty for violation of chapter 81.88 RCW or regulations issued thereunder -- Maximum amount, and 480-75-230 Modification/waivers.

     8 This order amends the following section of the Washington Administrative Code: WAC 480-75-999 Adoption by reference.

     9 This order adopts the following sections of the Washington Administrative Code:

     GENERAL RULES: WAC 480-75-100 Definitions, 480-75-200 Application of rules, 480-75-210 Additional requirements, 480-75-220 Severability, 480-75-250 Civil penalty for violation of 81.88 RCW, and 480-75-260 Exemptions for rules in chapter 480-75 WAC.

     DESIGN: WAC 480-75-300 Leak detection, 480-75-310 Geological considerations, 480-75-320 Overpressure protection, 480-75-330 Overfill protection, 480-75-340 Cathodic protection test station location, 480-75-350 Design specifications for new pipeline projects, 480-75-360 Class locations, 480-75-370 Design factor (F) for steel pipe, and 480-75-380 Location of pump stations and breakout tanks for hazardous liquid pipelines.

     CONSTRUCTION AND REPAIR: WAC 480-75-400 Backfill and bedding requirements, 480-75-410 Coatings, 480-75-420 Hydrostatic test requirements, 480-75-430 Welding procedures, 480-75-440 Pipeline repairs, 480-75-450 Construction specifications, and 480-75-460 Welding inspection requirements.

     OPERATION AND MAINTENANCE: WAC 480-75-500 Moving and lowering hazardous liquid pipelines, 480-75-510 Remedial action for corrosion deficiencies, 480-75-520 Inspections during excavation, 480-75-530 Right of way inspections, 480-75-540 Pipeline markers and above ground facilities, and 480-75-550 Change in class location.

     REPORTING: WAC 480-75-600 Maps, drawings, and records of hazardous liquid facilities, 480-75-610 Reporting requirements for proposed construction, 480-75-620 Pressure testing reporting requirements, 480-75-630 Incident reporting, 480-75-640 Depth-of-cover survey, 480-75-650 Annual reports, and 480-75-660 Operations safety plan requirements.

     10 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on August 21, 2000, at WSR 00-17-134.

     11 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The statement advised interested persons that the commission was considering entering a rule making to amend or adopt rules for intrastate hazardous liquid pipeline companies as required by section 5, chapter 191, Laws of 2000, and to review chapter 480-75 WAC in light of standards set forth in Executive Order No. 97-02 regarding regulatory improvement. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notice to all regulated intrastate hazardous liquid pipeline companies and the commission's list of interested persons of hazardous liquid pipeline related rule makings. The commission posted the relevant rule-making information on its internet website at www.wutc.wa.gov.

     12 Prior to filing its rule proposal, the commission solicited written comments and held workshops relating to the content of rules that address design, construction and repair, operation and maintenance, and reporting requirements for intrastate hazardous liquid pipeline companies. After considering and incorporating many of the suggestions made by stakeholders, the commission offered the draft proposed rules for comment.

     13 MEETINGS OR WORKSHOPS; ORAL COMMENTS: The commission held three workshops to address design, construction and repair, operation and maintenance, and reporting requirements for intrastate hazardous liquid pipeline companies. Representatives from the following companies, organizations, agencies and municipalities attended some or all of the workshops: Olympic Pipeline Company - BP Pipelines North America, Inc., McChord Pipeline Company, Tidewater Terminal Company, Kaneb Pipeline Company, Agrium US., Inc., Accufacts, Inc., Adsistor Tech., Washington State Department of Emergency Management, King County Department of Natural Resources, Tumwater Fire Department, Port of Seattle, City of Bellingham, City of SeaTac, City of Spokane, City of Kent, City of Auburn, City of Seattle, City of Redmond. Sarah Spence commented as an individual interested person.

     14 All rules were discussed at the workshops. Items of greatest interest included discussions relating to design, construction and repair, and operation and maintenance of new and repaired pipelines, as well as reporting requirements for pipeline companies. Agreement was reached on all issues raised by various stakeholders.

     15 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on June 5, 2002, at WSR 02-12-132. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 02-12-132 at 9:30 a.m., Wednesday, July 10, 2002, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

     16 COMMENTERS (WRITTEN COMMENTS): During the rule-making process, the commission called for seven rounds of comments on discussion drafts of rules. Following the notice of proposed rule making (CR-102), the commission received written comments from the following companies and agencies: Olympic Pipeline Company - BP Pipelines North America, Inc., (Olympic), McChord Pipeline Company, (McChord), Energy Facility Site Evaluation Council (EFSEC), and Washington State Department of Ecology (DOE). Agreement was reached on all issues raised by various stakeholders.

     17 RULE-MAKING HEARING: The commission originally scheduled this matter for oral comment and adoption under WSR 02-12-132, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on July 10, 2002, at the commission's offices in Olympia, Washington. The commission continued the rule adoption on July 10, 2002, to July 26, 2002. On July 26, 2002, Chairwoman Marilyn Showalter, Commissioner Richard Hemstad, and Commissioner Patrick J. Oshie considered the rule proposal for adoption, pursuant to notice during the commission's regularly scheduled open public meeting. The commission heard oral comments from Sondra Walsh representing commission staff, Rebecca Post representing DOE, and Dave Knoelke representing Olympic.

     18 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission repealed, adopted, and amended the rules in the CR-102 at WSR 02-12-132 with the changes described below.

     19 CHANGES FROM PROPOSAL: The commission adopted the proposal with the following changes from the text noticed at WSR 02-12-132.

     20 WAC 480-75-100 Definitions.

•     The phrase "segment of pipeline" is deleted from the definition of "maximum operating pressure (MOP)."

•     The defined term "company" is removed from "company" "pipeline" "pipeline system" or "hazardous liquid pipeline," and added to the defined terms for the definition of "pipeline company" or "hazardous liquid pipeline company."

•     Definitions of "high stress" and "high stress pipeline" are deleted.

•     At the request of Olympic, the defined term "reconstruction" is changed to "construction," and "reconditioning" is deleted from the defined term for the definition of "major reconstruction" or "reconditioning."

•     At the request of Olympic, the phrase "a replacement of an existing pipeline of 100 feet or longer" is deleted from the definition of "new pipeline."

     21 At the request of EFSEC, WAC 480-75-200 Application of rules, is clarified to identify which companies are subject to chapter 480-75 WAC.

     22 At the request of the DOE, the term "landslides" in WAC 480-75-310 Geological considerations, is replaced with "earth movement."

     23 At the request of Olympic, WAC 480-75-320 Overpressure protection, is redrafted for clarity.

     24 Language in subsections (3)(a) and (3)(b) of WAC 480-75-360 Class locations, is combined to clarify when a Class 1, 2 or 3 location must be adjusted.

     25 At the request of Olympic, WAC 480-75-380 Location of pump stations and breakout tanks for hazardous liquid pipelines, is revised to change the phrase "other areas" to "areas not zoned."

     26 At the request of Olympic, WAC 480-75-400 Backfill requirements, adds the word "bedding" to the title and to subsection (1) of the rule.

     27 At the request of Olympic and McChord, WAC 480-75-420 Hydrostatic test requirements, is redrafted in performance-based language.

     28 At the request of DOE, subsection (9) is added to WAC 480-75-420 to inform companies that prior to conducting a hydrostatic test, they need to consider DOE rules for the disposal of testing water at the conclusion of the test.

     29 At the request of Olympic and McChord, language in WAC 480-75-460 Welding inspection requirements, is revised to clarify that 100% radiography or ultrasonic testing must be conducted on all new girth welds.

     30 Errors in WAC references in WAC 480-75-550 Change in class location, are corrected to reference WAC 480-75-360 and 480-75-370.

     31 At the request of Olympic, language in WAC 480-75-610 Reporting requirements for proposed construction, is revised to clarify when the commission must be notified in the event of an emergency.

     32 WAC 480-75-630 Incident reporting.

•     Subsection (1) language is revised to clarify that an incident must be reported within two hours of discovery.

•     The words "or more" are added to subsection (1)(c) following the phrase "spills of five gallons."

•     The combined total cost of damage to the property of the company and others in subsection (1)(d) is revised from five thousand dollars to twenty-five thousand dollars.

     33 WAC 480-75-999 Adoption by reference, is revised to include all appropriate references cited in chapter 480-75 WAC.

     34 WAC 480-75-390 Valve spacing and rapid shutdown. The commission finds that there is a need to continue discussions about the language in this section. Accordingly, the commission, at this time, is not adopting this rule as previously proposed.

     35 Other nonsubstantive grammar and punctuation changes were made after a final review by the commission.

     36 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that WAC 480-75-002, 480-75-005, 480-75-010, 480-75-223, and 480-75-230 should be repealed.

     37 The commission determines that WAC 480-75-390 should be further discussed. Accordingly the commission does not adopt this rule as previously proposed.

     38 The commission determines that WAC 480-75-999 should be amended to read as set forth in Appendix A, as a rule of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     39 The commission also determines that WAC 480-75-100, 480-75-200, 480-75-210, 480-75-220, 480-75-250, 480-75-260, 480-75-300, 480-75-310, 480-75-320, 480-75-330, 480-75-340, 480-75-350, 480-75-360, 480-75-370, 480-75-380, 480-75-400, 480-75-410, 480-75-420, 480-75-430, 480-75-440, 480-75-450, 480-75-460, 480-75-500, 480-75-510, 480-75-520, 480-75-530, 480-75-540, 480-75-550, 480-75-600, 480-75-610, 480-75-620, 480-75-630, 480-75-640, 480-75-650, and 480-75-660 should be adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 35, Amended 1, Repealed 5.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 35, Amended 1, Repealed 5.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.


ORDER


     40 THE COMMISSION ORDERS That:

     41 WAC 480-75-002, 480-75-005, 480-75-010, 480-75-223, and 480-75-230 are repealed.

     42 WAC 480-75-999 is amended to read as set forth in Appendix A, as a rule of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     43 WAC 480-75-100, 480-75-200, 480-75-210, 480-75-220, 480-75-250, 480-75-260, 480-75-300, 480-75-310, 480-75-320, 480-75-330, 480-75-340, 480-75-350, 480-75-360, 480-75-370, 480-75-380, 480-75-400, 480-75-410, 480-75-420, 480-75-430, 480-75-440, 480-75-450, 480-75-460, 480-75-500, 480-75-510, 480-75-520, 480-75-530, 480-75-540, 480-75-550, 480-75-600, 480-75-610, 480-75-620, 480-75-630, 480-75-640, 480-75-650, and 480-75-660 are adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     44 This order and the rule set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.

     DATED at Olympia, Washington, this 26th day of August, 2002.

     Washington Utilities and Transportation Commission

Marilyn Showalter, Chairwoman

Richard Hemstad, Commissioner

Patrick J. Oshie, Commissioner

OTS-5740.3

Chapter 480-75 WAC

HAZARDOUS LIQUID, GAS, OIL AND PETROLEUM PIPELINE COMPANIES -- SAFETY

GENERAL RULES
NEW SECTION
WAC 480-75-100   Definitions.   "Backfill" means the material filled over the pipe after the pipe is lowered into a trench.

     "Bedding" means the material placed in the bottom of a trench prior to laying a pipe.

     "Breakout tank" means a tank that is used to relieve surges in a hazardous liquid pipeline system, or a tank used to receive and store hazardous liquid transported by a pipeline for reinjection and continued transportation by pipeline.

     "Company," "pipeline company," or "hazardous liquid pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or carbon dioxide. A "pipeline company" does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a pipeline company.

     "Hazardous liquid" means (a) petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 CFR Part 195 and (b) carbon dioxide.

     "Independent level alarm" means an alarm function actuated by a primary level sensing device that is separate and independent from any tank gauging equipment on the tank.

     "Major construction" means any change in pipeline routing, either horizontally or depth, or replacement of existing pipe of one hundred feet or more in length.

     "Maximum operating pressure (MOP)" means the maximum operating pressure at which a pipeline may be operated under 49 CFR Part 195.

     "New pipeline" means a new pipeline that did not previously exist, or an extension of an existing pipeline for one hundred feet or longer.

     "Operator" means a person who owns or operates pipeline facilities.

     "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any political subdivision or instrumentality of a state, and its employees, agents, or legal representatives.

     "Pipeline," "pipeline system," or "hazardous liquid pipeline" means all parts of a pipeline facility through which hazardous liquid moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. Pipeline or pipeline system does not include process or transfer pipelines.

     "Pipeline facility" means new and existing pipeline, rights of way and any equipment, facility, or building used in the transportation of hazardous liquids or carbon dioxide.

     "Release" means when hazardous liquid escapes from the pipeline.

     "Subsoiling" means the agricultural practice of breaking compact subsoil.

     "Telephonic notification" means verbal notification by telephone to the Washington utilities and transportation commission, pipeline safety division.

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NEW SECTION
WAC 480-75-200   Application of rules.   The rules in this chapter apply to hazardous liquid pipeline companies that are subject to the jurisdiction of the commission under chapter 81.88 RCW. The purpose of the rules is to provide minimum safety standards and reporting requirements for the transportation of hazardous liquids by pipeline.

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NEW SECTION
WAC 480-75-210   Additional requirements.   (1) These rules do not relieve any company from any of its duties and obligations under the laws of the state of Washington.

     (2) The commission retains the authority to impose additional or different requirements on any company in appropriate circumstances, consistent with the requirements of law.

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NEW SECTION
WAC 480-75-220   Severability.   If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

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NEW SECTION
WAC 480-75-250   Civil penalty for violation of chapter 81.88 RCW.   (1) Any company that violates any public safety provision of chapter 81.88 RCW or regulation issued thereunder, required for compliance with the Federal Pipeline Safety Law, 49 U.S.C. Section 60101, is subject to a civil penalty not to exceed twenty-five thousand dollars for each violation for each day that the violation persists. The maximum civil penalty under this subsection for a related series of violations is five hundred thousand dollars. This subsection applies to violations of public safety requirements including any commission order or chapter 480-75 WAC.

     (2) In determining the amount of the penalty, the commission will consider the appropriateness of the penalty in relation to the position of the person charged with the violation.

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NEW SECTION
WAC 480-75-260   Exemption for rules in chapter 480-75 WAC.   (1) The commission may grant an exemption from the provisions of any rule in this chapter if consistent with the public interest, with the purposes underlying regulation, and with applicable statutes.

     (2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason for the exemption.

     (3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date of the hearing or open meeting when the commission will consider the request.

     (4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the petitioner, of a degree or a kind different from hardship imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purpose of the rule.

     (5) The commission will enter an order granting or denying the request, or setting it for hearing pursuant to chapter 480-09 WAC.

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DESIGN
NEW SECTION
WAC 480-75-300   Leak detection.   (1) Companies must rapidly locate leaks from their pipeline. Companies must provide leak detection for under flow and no flow conditions.

     (2) Leak detection systems must be capable of detecting an eight percent of maximum flow leak within fifteen minutes or less.

     (3) Companies must have a leak detection procedure and a procedure for responding to alarms. The operator must maintain leak detection maintenance and alarm records.

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NEW SECTION
WAC 480-75-310   Geological considerations.   New pipeline designs must consider potential impacts from seismic activity and earth movement.

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NEW SECTION
WAC 480-75-320   Overpressure protection.   A company must conduct a surge analysis to ensure that the surge pressure does not exceed one hundred ten percent of the MOP. The pressure relief system must be designed and operated as determined in the surge analysis, at or below the MOP except under surge conditions.

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NEW SECTION
WAC 480-75-330   Overfill protection.   Break out tanks must have an independent level alarm.

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NEW SECTION
WAC 480-75-340   Cathodic protection test station location.   Each cathodically protected pipeline must have test stations and other electrical measurement contact points that are located at pipe casings and at locations sufficient to facilitate cathodic protection testing.

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NEW SECTION
WAC 480-75-350   Design specifications for new pipeline projects.   New pipeline projects must be designed in accordance with ASME B31.4 "Pipeline Transportation Systems for Liquid Hydrocarbon and Other Liquids." Information about the ASME edition adopted and where to obtain it are set out in WAC 480-75-999, Adoption by reference.

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NEW SECTION
WAC 480-75-360   Class locations.   (1) This section classifies pipeline locations for the design of new pipelines. The following criteria apply to classifications under this section.

     (a) A "class location unit" is an onshore area that extends 220 yards (200 meters) on either side of the centerline of any continuous 1 mile (1.6 kilometers) of pipeline.

     (b) Each separate dwelling unit in a multiple dwelling unit building is counted as a separate building intended for human occupancy.

     (2) Except as provided in subsection (3) of this section, pipeline locations are classified as follows:

     (a) A Class 1 location is:

     (i) An offshore area; or

     (ii) Any class location unit that has ten or fewer buildings intended for human occupancy.

     (b) A Class 2 location is any class location unit that has more than ten but fewer than forty-six buildings intended for human occupancy.

     (c) A Class 3 location is:

     (i) Any class location unit that has forty-six or more buildings intended for human occupancy; or

     (ii) An area where the pipeline lies within 100 yards (91 meters) of either a building or a small, well-defined outside area (such as a playground, recreation area, outdoor theater, or other place of public assembly) that is occupied by twenty or more persons on at least five days a week for ten weeks in any twelve-month period. (The days and weeks need not be consecutive.)

     (d) A Class 4 location is any class location unit where buildings with four or more stories above ground are prevalent.

     (3) The continuous one-mile of pipeline must be adjusted to include all buildings in the higher class location. The class location unit must encompass the highest classification of buildings.

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NEW SECTION
WAC 480-75-370   Design factor (F) for steel pipe.   Except as otherwise provided in subsections (1), (2) and (3) of this section, the design factor to be used in the design formula in 49 CFR 195.106 for new pipelines is determined in accordance with the following table. Information about the Code of Federal Regulation regarding the version adopted and where to obtain it is set out in WAC 480-75-999, Adoption by reference.
Class location Design factor (F)
1 0.72
2 0.60
3 0.50
4 0.40
     (1) For Class 1 locations a design factor of 0.60 or less must be used in the design formula in 49 CFR 195.106 for steel pipe in Class 1 locations that:

     (a) Crosses the right of way of an unimproved public road, without a casing;

     (b) Crosses without a casing, or makes a parallel encroachment on the right of way of either a hard-surfaced road, a highway, a public street, or a railroad;

     (c) Is supported by a vehicular, pedestrian, railroad, or pipeline bridge; or

     (d) Is used in a fabricated assembly (including mainline valve assemblies, cross-connections, and river crossing headers).

     (2) For Class 2 locations, a design factor of 0.50, or less, must be used in the design formula in 49 CFR 195.106 for uncased steel pipe that crosses the right of way of a hard-surfaced road, a highway, a public street, or a railroad.

     (3) For Class 1 and Class 2 locations, a design factor of 0.50, or less, must be used in the design formula in 49 CFR 195.106 for:

     (a) Steel pipe in a pump station; and

     (b) Steel pipe (including a pipe riser, on a platform located offshore or in inland navigable waters).

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NEW SECTION
WAC 480-75-380   Location of pump stations and breakout tanks for hazardous liquid pipelines.   No new pump station will be located on any hazardous liquid pipeline or be constructed in any zoned area without prior approval of the appropriate zoning authority and acquisition of required permits. In areas not zoned, the distance between any pump station and any existing building intended for human occupancy and not under the control of the company will not be less than five hundred feet. When locating new pump stations and breakout tanks, the operator must consider such hazards as overhead power lines, geologic faults, areas prone to flooding, landslides, and rock fall. This requirement only applies prior to facility construction.

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CONSTRUCTION AND REPAIRS
NEW SECTION
WAC 480-75-400   Backfill and bedding requirements.   (1) For new pipelines or when conducting maintenance activity for existing pipelines backfilling and bedding must be provided in a manner that will provide firm support for the pipeline and in a manner that neither the pipe nor the pipe coating is damaged by the backfill material or by subsequent surface activities.

     (2) Where the backfill material contains rocks or hard lumps that could damage the coating, care must be taken to protect the pipe and the pipe coating from damage by such means as the use of mechanical shield material.

     (3) Backfilling procedures must not cause distortion of the pipe cross-section that would be detrimental to the operation of the piping, passage of cleaning, or internal inspection devices.

     (4) Backfilling must be performed in such a manner as to prevent excessive subsidence or erosion of the backfill and support material. Where a ditch is flooded, care must be exercised so that the pipe is not floated from the bottom of the ditch prior to backfill completion.

     (5) For open trench installations that cross paved areas subject to vehicular loading, the backfill must be compacted in layers to a minimum of ninety-five percent relative density.

     (6) Bedding material must be clean sand or soil and must not contain stones having a maximum dimension larger than one-half inch. Material must be placed to a minimum depth of six inches under the pipe and six inches over the top of the pipe. The remaining backfill must not contain rock larger than six inches. Organic material and wood is not permitted for bedding and backfill.

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NEW SECTION
WAC 480-75-410   Coatings.   All new coated pipe used to transport hazardous liquids must be electrically inspected prior to backfilling, using a holiday detector to check for faults not observable by visual examination. The holiday detector must be operated in accordance with the manufacturer's instructions and at the voltage level appropriate for the electrical characteristics of the pipeline system being tested.

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NEW SECTION
WAC 480-75-420   Hydrostatic test requirements.   New or existing hazardous liquid pipelines while being hydrostatically tested must have, at a minimum, the following:

     (1) When a manifold is used for hydrostatic testing, then an isolation valve must be provided between the pressure testing manifold and the pipeline being tested. The isolation valve must be rated for the manifold test pressure when in the closed position. The pressure testing manifold in the actual pressure test must be separately pressure tested to at least 1.2 times the pipeline test pressure but not less than the discharge pressure of the pump used for the pressure testing.

     (2) When a pressure relief valve is used to protect the pipe, then the pressure relief valve(s) must be of adequate capacity and set to relieve at ten percent above the hydrostatic test pressure. The relief valves must be calibrated within one month prior to the hydrotest.

     (3) A bleed valve may be provided to protect the pipeline from overpressure. When a bleed valve is used, it must be readily accessible in case immediate depressurization is required.

     (4) A test chart or other recording method that shows that the pressure was maintained at the minimum test pressure throughout the entire test must be documented for all hydrostatic tests. A company representative must sign and date the test to certify the validity of the test. All equipment such as hoses, piping, and other equipment used to hydrostatically test the pipe must be rated for at least the target pressure. Each hydrostatic test of a pipeline must be documented to show:

     (a) Test date;

     (b) Signature of the certifying agent;

     (c) Beginning and ending times of the test;

     (d) Beginning and ending temperatures; and

     (e) Highest and lowest pressure achieved.

     (5) Precautions such as warning signs must be posted indicating a pipeline is under test conditions.

     (6) Companies must notify public officials who have jurisdiction encompassing the area affected by the pipeline test.

     (7) No additional water is allowed to be added to the pipeline once the hydrostatic test has started. As pressure varies significantly with changing test water temperatures, each operator must take into consideration temperature variation in the test water before accepting the test.

     (8) Before conducting a hydrostatic test, a company needs to consider Washington state department of ecology regulations for disposal of testing water.

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NEW SECTION
WAC 480-75-430   Welding procedures.   (1) For new and existing pipelines, all welding procedures and welders must be qualified to the API Standard 1104 or section 2001 of the ASME Boiler and Pressure Vessel Code. Information about the API standards and the ASME edition adopted, and where to obtain them, are set out in WAC 480-75-999, Adoption by reference. Each welder qualification test result must be recorded and kept for a period of five years, and:

     (a) Operators must use testing equipment necessary to measure the essential variables during welder qualification or requalification, and also for procedure qualification or requalification. All essential variables must be recorded as performed during the welding qualification.

     (b) Qualified welding procedures must be on-site where welding is being performed.

     (2) Welders must carry appropriate identification and qualification cards showing the name of welder, their qualifications, date of qualification expiration, and the company whose procedures were followed for the qualification. Welders' qualification cards will be subject to commission inspection at all times when personnel are working on facilities subject to commission jurisdiction.

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NEW SECTION
WAC 480-75-440   Pipeline repairs.   Pipeline repairs must be made in accordance with ASME B31.4 "Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids." Information about the ASME edition adopted and where to obtain it are set out in WAC 480-75-999, Adoption by reference.

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NEW SECTION
WAC 480-75-450   Construction specifications.   New pipeline construction must conform to the requirements of ASME B31.4. Information about the ASME edition adopted and where to obtain it are set out in WAC 480-75-999, Adoption by reference. The longitudinal seams of connecting pipe joints must be offset by at least two inches. In addition, the longitudinal seams must be located on the upper half of the pipe when laid in the trench. Seamless pipe is exempted from the requirements of the longitudinal seam orientation.

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NEW SECTION
WAC 480-75-460   Welding inspection requirements.   All new girth welds on new or repaired sections of pipe must be one hundred percent inspected by radiography or automatic ultrasonic testing in accordance with API 1104. Information about the API standards adopted and where to obtain it are set out in WAC 480-75-999, Adoption by reference. Companies must keep a log of each weld inspected and keep all inspection records for the life of the pipeline.

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OPERATION AND MAINTENANCE
NEW SECTION
WAC 480-75-500   Moving and lowering hazardous liquid pipelines.   Prior to moving or lowering any hazardous liquid pipeline, hazardous liquid pipeline companies must prepare a study, to determine whether the proposed action will cause an unsafe condition. This study must be reviewed and approved by a person designated by the company who is qualified to review the study, and retained in the company's files for the life of the pipeline. The study must include pipe stress calculations based on API RP 1117 "Movement of In-Service Pipelines." Information about the API standards adopted and where to obtain it are set out in WAC 480-75-999, Adoption by reference.

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NEW SECTION
WAC 480-75-510   Remedial action for corrosion deficiencies.   Companies must initiate remedial action as necessary to correct deficiencies observed during corrosion monitoring, but no later than ninety days after acknowledging the deficiencies.

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NEW SECTION
WAC 480-75-520   Inspections during excavation.   Whenever a pipe is exposed for any reason, the operator must examine the pipe for evidence of mechanical damage or external corrosion, including inspecting the coating for evidence of damage. Mechanical damage must be evaluated and repaired as necessary, in accordance with company repair procedures. Coating damage must be repaired prior to reburying the pipeline. If the operator finds active corrosion, general corrosion, or corrosion that has caused a leak, the operator must investigate further to determine the extent of corrosion. The pipeline must be inspected prior to and during backfilling of the exposed section. The results of this inspection must be documented and maintained for the life of the pipeline.

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NEW SECTION
WAC 480-75-530   Right of way inspections.   Right of way inspections must be scheduled at least once each calendar week. If weather impedes the ability to conduct a fly-over inspection for a consecutive two week period, the weather condition must be noted and the pipeline right of way inspection must be driven or walked within the two week period.

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NEW SECTION
WAC 480-75-540   Pipeline markers and above ground facilities.   Proper pipeline markers must be placed where hazardous liquid pipelines and any associated facilities are exposed. All hazardous liquid pipelines attached to bridges or otherwise spanning an area must have pipeline markers that are visible and readable at both ends of the suspended pipeline. Each operator must inspect all markers annually. Pipeline markers that are found damaged or missing must be replaced within thirty days.

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NEW SECTION
WAC 480-75-550   Change in class location.   Companies complying with WAC 480-75-360 and 480-75-370 must reevaluate their maximum operating pressure when there is a change in class location. The class location must be reevaluated periodically but not less often than once every five years.

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REPORTING
NEW SECTION
WAC 480-75-600   Maps, drawings, and records of hazardous liquid facilities.   (1) All companies must prepare, maintain, and provide to the commission, upon request, copies of maps, drawings, and records that pertain to hazardous liquid pipeline facilities. The maps, drawings, and records must be of sufficient scale and detail as is necessary to show the size and type of material of all facilities.

     (2) Each company must make books, records, reports, and other information available to the commission, so the commission or its authorized representatives can determine whether the company is in compliance with state and federal regulations.

     (3) When pipeline facilities are modified, all construction records, revision to maps, and operating history made available to appropriate operations personnel must be updated within six months.

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NEW SECTION
WAC 480-75-610   Reporting requirements for proposed construction.   (1) At least forty-five days prior to any major construction of any hazardous liquid pipeline intended to be operated at twenty percent or more of the specified minimum yield strength of the pipe used, a report must be filed with the commission setting forth the proposed route and the specifications for such pipeline. The forty-five-day reporting requirement may be waived in the event of an emergency. In the event of an emergency, the company must notify the commission as soon as practical. The report must include, but is not limited to, the following items:

     (a) Description and purpose of the proposed pipeline;

     (b) Pipe specifications and route map;

     (c) Maximum operating pressure for which the pipeline is being constructed;

     (d) Location and construction details of all river crossings or other unusual construction requirements encountered en route; i.e., places where pipe will be exposed or it is impractical to provide required cover, bridge crossings, lines to be laid parallel to railroads or state highways and encroachments, and other areas requiring special or unusual design and construction considerations;

     (e) Corrosion control plan that includes the specifications for coating and for wrapping;

     (f) Welding specifications and welding inspection methods and procedures required during construction of the pipeline;

     (g) Required bending procedures; and

     (h) Location and specification of all mainline block valves indicating whether the valves will be operated by manual or remote control. Indicate other auxiliary equipment to be installed as a part of the pipeline system to be constructed.

     (2) For pipelines operating under twenty percent specified minimum yield strength, companies must submit to the commission a written notice at least forty-five days prior to the proposed construction. The notice must include a project description and timeline.

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NEW SECTION
WAC 480-75-620   Pressure testing reporting requirements.   If pressure testing is to be used to increase the maximum operating pressure of a pipeline, companies must file a report with the commission at least forty-five days prior to pressure testing. The report must include the change in the maximum operating pressure and include the information required to qualify the pipeline for higher operating pressure.

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NEW SECTION
WAC 480-75-630   Incident reporting.   (1) Every company must give prompt telephonic notice to the commission within two hours of discovery of an incident such as a release of a hazardous liquid resulting in:

     (a) A fatality;

     (b) Personal injury requiring hospitalization;

     (c) Spills of five gallons or more of product (the commission request voluntary compliance with 49 CFR, Part 195.50 (b). If the Washington state legislature adopts this change, then notice of the five-gallon spill will be mandatory);

     (d) Damage to the property of the company and others of a combined total cost exceeding twenty-five thousand dollars (automobile collisions and other equipment accidents not involving hazardous liquid or hazardous-liquid-handling equipment need not be reported under this rule);

     (e) A significant occurrence in the judgment of the company, even though it does not meet the criteria of (a) through (d) of this subsection;

     (f) The news media reports the occurrence, even though it does not meet the criteria of (a) through (e) of this subsection.

     (2) A written report must be sent to the commission within one month of the incident. The report must include the following:

     (a) Name(s) and address(es) of any person or persons injured or killed or whose property was damaged;

     (b) The extent of injuries and damage;

     (c) A description of the incident including date, time, and place;

     (d) A description and maximum operating pressure of the hazardous liquid facilities implicated in the incident and the system operating pressure at the time of the incident;

     (e) The date and time the hazardous liquid facility returns to safe operations; and

     (f) The date, time, and type of any temporary or permanent repair.

     (3) An operator must give the commission telephonic notification within twenty-four hours of emergency situations including emergency shutdowns, material defects, or physical damage that impairs the serviceability of the pipeline.

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NEW SECTION
WAC 480-75-640   Depth-of-cover survey.   For pipelines constructed after April 1, 1970. Every five years depth-of-cover surveys must be conducted in rights of way to ensure the minimum depth-of-cover as required by subsections (1) and (2) of this section has been maintained for the entire pipeline. In areas subject to erosion and subsoiling, the survey period is every three years.

     (1) Unless specifically exempted in this section, all pipe must be buried so that it is below the level of cultivation. Except as provided in subsection (2) of this section, the pipe must be installed so that the cover between the top of the pipe and the ground level, road bed, river bottom, or sea bottom, as applicable, complies with the following table:
Location Cover (inches)

For normal excavation

Cover (inches)

For rock excavation

Industrial, commercial, and residential areas 36 30
Crossings of inland bodies of water

with a width of at least 100 ft. from high water mark to high water mark

48 18
Drainage ditches at public roads and railroads 36 36
Deepwater port safety zone 48 24
Any other area 30 18
Note: Rock excavation is any excavation that requires blasting or removal by equivalent means.

     (2) Less cover than the minimum required by subsection (1) of this section may be used if:

     (a) It is impracticable to comply with the minimum cover requirements; and

     (b) Additional protection is provided that is equivalent to the minimum required cover.

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NEW SECTION
WAC 480-75-650   Annual reports.   (1) The annual report form No. 6 promulgated by the Federal Energy Regulatory Commission (FERC) is hereby adopted for hazardous liquid pipeline companies. At the close of each calendar year, hazardous liquid pipeline companies must secure from the FERC two copies of the annual report forms. The annual report must be completed for the calendar year's operations. One completed copy of the annual report must be submitted to the commission no later than April 1 of the succeeding year. The second completed copy must be retained by the company.

     (2) For those companies not required to file form No. 6 the commission requires those companies to file annual report form 224-225 prescribed by the commission. The annual report will be mailed to each company by February 15 of each year. Companies must submit an annual report to the commission no later than April 1 of the succeeding year.

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NEW SECTION
WAC 480-75-660   Operations safety plan requirements.   (1) Each company must prepare an operations safety plan (plan) that demonstrates the pipeline system is designed, constructed, operated, and periodically modified to provide for protection of the public and the environment. Facility operations must follow the plan. The plan must be thorough and contain enough information, analysis, and supporting documentation to demonstrate the company's ability to meet the requirements of this chapter. The plan may be incorporated into a company's existing operation, maintenance, or emergency plan as required by 49 CFR 195.402.

     (2) A log sheet must be included in the plan to record amendments. The log sheet must include the date the old section was eliminated, any new sections that were added, the date, the initials of the individual making the change, and the signature of the person responsible for reviewing the amendment. A description of the amendment(s) and its purpose must be included.

     (a) At a minimum, the plan must include the following:

     (i) The requirements in chapter 480-75 WAC;

     (ii) A schedule of inspection and testing of all the mechanical components and electronic components within the pipeline system;

     (iii) Structural integrity of all pipelines determined through pressure testing, in-line inspection surveys, or other appropriate techniques;

     (iv) Failsafe systems including emergency shutdown and isolation procedures;

     (v) Emergency management training for operators;

     (vi) Procedures for responding to earthquakes that must include a threshold for line shutoff, and procedures for integrity monitoring prior to restart; and

     (vii) Procedure for assessing the potential for impacts on the pipeline system due to landslides. Operators with facilities located within potential landslide areas must develop monitoring and remediation procedures for ensuring that pipeline integrity is maintained in these areas.

     (3) Companies must submit a plan to the commission within twelve months after the adoption of this rule. New companies must submit a plan to the commission no later than sixty days prior to startup.

     The plan must be submitted to:

     Washington Utilities and Transportation Commission

     Pipeline Safety Division

     P.O. Box 47250

     1300 S. Evergreen Park Dr. SW

     Olympia, WA 98504-7250

     (4) Amendments to the plan must be submitted to the commission within thirty days of the change.

     (5) Companies must ensure that appropriate personnel are trained and familiar with the plan's content.

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AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-75-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     ((Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (1) The commission adopts the version in effect on July 1, 2001.

     (2) This publication is referenced in WAC 480-75-005.

     (3))) (1) Title 49 Code of Federal Regulations, cited as 49 CFR, Parts 195 and 199 including all appendices and amendments except for 195.0, 195.1, 199.1 and 199.2 published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on June 1, 2002.

     (b) This publication is referenced in WAC 480-75-005.

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

     (2) The American Society of Mechanical Engineers (ASME) B31.4, 1998 edition.

     (a) This publication is referenced in WAC 480-75-350, 480-75-440, 480-75-450.

     (b) Copies of ASME B31.4 are available from The American Society of Mechanical Engineers, Park Avenue New York, New York.

     (3) The 2001 edition of Section IX of the ASME Boiler and Pressure Vessel Code.

     (a) This publication is referenced in WAC 480-75-430.

     (b) Copies of Section IX of the ASME Boiler and Pressure Vessel Code is available from The American Society of Mechanical Engineers, Park Avenue New York, New York.

     (4) The commission adopts American Petroleum Institute (API) standard 1104 18th edition.

     (a) This publication is referenced in WAC 480-75-430, 480-75-460.

     (b) Copies of API standard 1104 18th edition are available from the Office of API Publishing Services in Washington DC.

     (5) The commission adopts API RP standard 1117 Second Edition, August 1996.

     (a) This publication is referenced in WAC 480-75-500.

     (b) Copies of API standard 1117 Second Edition are available from the Office of API Publishing Services in Washington DC.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-75-999, filed 9/28/01, effective 10/29/01.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 480-75-002 Application of rules.
WAC 480-75-005 Compliance with federal standards.
WAC 480-75-010 Annual reports.
WAC 480-75-223 Civil penalty for violation of chapter 81.88 RCW or regulations issued thereunder -- Maximum amount.
WAC 480-75-230 Modification/waivers.

© Washington State Code Reviser's Office