WSR 07-18-010

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket PG-061027, General Order R-544 -- Filed August 23, 2007, 12:01 p.m. , effective September 23, 2007 ]

In the matter of amending and adopting rules in chapter 480-93 WAC, relating to Gas companies -- Safety.

1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under CR-101 Notice No. WSR 06-15-124, filed with the code reviser on July 19, 2006, and CR-102 Notice No. WSR 07-10-124, filed with the code reviser on May 2, 2007. The commission brings this proceeding pursuant to RCW 80.01.040, 81.01.010, and 81.88.060.

2 STATEMENT OF COMPLIANCE: This proceeding complies with 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 these rules on the date that this order is entered.

4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325(6) requires the commission to prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must identify the commission's reasons for adopting the rule, a description of the differences between the version of the proposed rules published in the register and the rules adopted (other than editing changes), a summary of the comments received regarding the proposed rule changes, and the commission's responses to the comments reflecting the commission's consideration of them.

5 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order, including appendices, as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda preceding the filing of the CR-102 proposal and the adoption hearing. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

6 REFERENCE TO AFFECTED RULES: This order amends and adopts the following sections of the Washington Administrative Code: Amending WAC 480-93-005 Definitions, 480-93-013 Covered task, 480-93-015 Odorization of gas, 480-93-017 Filing requirements for design, specification, and construction procedures, 480-93-018 Records, 480-93-100 Valves, 480-93-124 Pipeline markers, 480-93-170 Tests and reports for pipelines, 480-93-180 Plans and procedures, 480-93-188 Gas leak surveys and 480-93-200 Reporting requirements for operators of gas facilities; and adopting WAC 480-93-250 Damage prevention.

7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on July 19, 2006, at WSR 06-15-124.

8 The statement advised interested persons that the commission was considering entering a rule making to address possible corrections and clarifications to selected sections of chapter 480-93 WAC, Gas companies -- Safety, specifically rules governing operators of gas facilities. In addition, the statement advised interested persons that the commission was considering a new rule to address compliance with the damage prevention requirements of chapter 19.22 RCW.

9 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 a notice to all gas companies, to the commission's lists of persons interested in intrastate and interstate pipeline issues, pipeline safety, rule makings generally, rule makings related to gas companies, pipeline companies and pipeline safety, and to the commission's lists of regulatory attorneys. The commission posted the relevant rule-making information on its internet web site at http://www.utc.wa.gov/061027.

10 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on May 2, 2007, at WSR 07-10-124. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 07-10-124 at 1:30 p.m. on July 11, 2007, in the Commission's Hearing Room, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

11 WRITTEN COMMENTS: The commission received written comments from the Northwest Gas Association (NWGA). A summary of these written comments and commission responses are presented below.

12 RULE-MAKING HEARING: The commission considered the proposed rules for adoption at a rule-making hearing on July 11, 2007, before Chairman Mark H. Sidran, Commissioner Patrick J. Oshie, and Commissioner Philip B. Jones. The commission heard oral comments from Dan S. Kirschner, the Executive Director of NWGA.

13 SUGGESTIONS FOR CHANGE THAT ARE ACCEPTED: NWGA submitted written comments suggesting changes to the proposed rules. NWGA suggested that the commission modify WAC 480-93-100(5) by deleting the language "by reducing the amount of time that a pipeline has an uncontrolled release of gas." NWGA also suggested the commission delete the requirement in subsection (5) that an operator include in its emergency response plan a section addressing its emergency valve program. NWGA also suggested deleting requirements in WAC 480-93-124 for placing pipeline markers over service lines at railroad crossings and the placement of markers at fence lines.

14 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend and adopt the rules as proposed in the CR-102 at WSR 07-10-124 with the changes described below.

15 CHANGES FROM PROPOSAL: The commission adopts the proposal with the following changes from the text noticed at WSR 07-10-124:

16 NWGA suggested deleting language in WAC 480-93-100(5). We revised the rule language to delete "by reducing the amount of time that a pipeline has an uncontrolled release of gas." We disagree with deleting the requirement in subsection (5) that an operator include in its emergency response plan a section addressing its emergency valve program to ensure that operators understand that valve programs are designed as part of, and integrated into, emergency response plans.

17 We agree to delete the requirement in WAC 480-93-124 that requires operators to place markers over service lines at railroad crossings and at fence lines. The rule has been redrafted to eliminate this language. Pipeline markers are needed primarily to mark high-pressure lines or mains. This rule requires that mains be marked and the majority of lines at railroad crossings and fence lines are main lines. Those service lines at railroad crossings and fence lines are low-pressure lines that do not require marking.

18 We disagree that a new subsection should be added to WAC 480-93-124 to address the lettering size requirements for pipeline markers. This requirement is well defined in 49 C.F.R. Part 192.707.

19 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-93-005, 480-93-013, 480-93-015, 480-93-017, 480-93-018, 480-93-100, 480-93-124, 480-93-170, 480-93-180, 480-93-188, and 480-93-200 should be amended, and WAC 480-93-250 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 1, Amended 11, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

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

20 THE COMMISSION ORDERS:

21 The commission amends WAC 480-93-005, 480-93-013, 480-93-015, 480-93-017, 480-93-018, 480-93-100, 480-93-124, 480-93-170, 480-93-180, 480-93-188, and 480-93-200, and adopts WAC 480-93-250 to read as set forth in Appendix A, as rules of the Washington utilities and transportation commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).

22 This order and the rules 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, 34.05 RCW and 1-21 WAC.

DATED at Olympia, Washington, August 22, 2007.

Washington State Utilities and Transportation Commission

Mark H. Sidran, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

OTS-9729.5


AMENDATORY SECTION(Amending Docket No. PG-050933, General Order No. R-524, filed 11/23/05, effective 12/24/05)

WAC 480-93-005   Definitions.   (1) "Bar hole" means a hole made in the soil or paving for the specific purpose of testing the subsurface atmosphere with a combustible gas indicator.

(2) "Building" means any structure that is normally or occasionally entered by humans for business, residential, or other purposes and where gas could accumulate.

(3) "Business district" means an area where the public regularly congregates or where the majority of the buildings on either side of the street are regularly utilized, for financial, commercial, industrial, religious, educational, health, or recreational purposes.

(4) "CFR" means the Code of Federal Regulations.

(5) "Combustible gas indicator" (CGI) means a device capable of detecting and measuring gas concentrations in air.

(6) "Commission" means the Washington utilities and transportation commission.

(7) "Enclosed space" means any subsurface structure of sufficient size that could accommodate a person and within which gas could accumulate, e.g., vaults, catch basins, and manholes.

(8) "Follow-up inspection" means an inspection performed after a repair has been completed in order to determine the effectiveness of the repair.

(9) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.

(10) "Gas associated substructures" means those devices or facilities utilized by an operator which are not intended for storing, transporting, or distributing gas, such as valve boxes, vaults, test boxes, and vented casing pipe.

(11) "Gas company" means, as defined in RCW 80.04.010, every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receiver appointed by any court whatsoever, and every city or town, owning, controlling, operating or managing any gas plant within this state.

(12) "High occupancy structure or area" means a building or an 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.)

(13) "Indication" means a response indicated by a gas detection instrument that has not been verified as a reading.

(14) "LEL" means the lower explosive limit of the gas being transported.

(15) "MAOP" means maximum allowable operating pressure.

(16) "Master meters system" is defined as set forth in 49 CFR 191.3.

(17) "Operator":

(a) For purposes of chapter 480-93 WAC, the term "operator" means:

(i) Every gas distribution company that has tariffs on file with the commission;

(ii) Every city or town that owns, controls, operates, or manages any gas plant in this state; and

(iii) Every other person or corporation transporting ((natural)) gas by pipeline, or having for one or more of its principal purposes the construction, maintenance, or operation of pipelines for transporting ((natural)) gas in this state; even though such person or corporation does not deliver, sell, or furnish any such gas to any person or corporation within this state. The terms "person" and "corporation" are defined in RCW 80.04.010. "Transporting ((natural)) gas by pipeline" means transmission or distribution of ((natural)) gas through a pipe.

(b) A single entity may qualify as an operator under one or more of the provisions of this subsection.

(c) The term "operator" includes operators of master meter systems, as ((that term is)) defined in ((WAC 480-93-005)) this section.

(18) "Prompt action" means to dispatch qualified personnel without undue delay.

(19) "Psig" means pounds per square inch gauge.

(20) "Public service company" is defined in RCW 80.04.010.

(21) "Reading" means a repeatable representation on a combustible gas indicator or equivalent instrument expressed in percent LEL or gas-air ratio.

(22) "Record(s)" means any electronic or paper document, map, data base, report or drawing created by or kept by an operator.

(23) "Sniff test" means a qualitative test utilizing both threshold and readily detectable methods for determining proper concentrations of odorant.

(((23))) (24) "Transmission line" means a gas pipeline as defined in 49 CFR 192.3 on the date specified in WAC 480-93-999.

(((24))) (25) "Weak link" means a device or method used when pulling polyethylene pipe to ensure that damage will not occur to the pipeline by exceeding the maximum tensile stresses allowed.

(((25))) (26) Other terms that correspond to those used in 49 CFR Parts 191, 192 and 199 (Minimum Federal Safety Standards for Gas Pipelines) must be construed as used therein on the date specified in WAC 480-93-999.

[Statutory Authority: RCW 80.04.160, 80.28.210(1), and 80.01.040(1). 05-23-174 (Docket No. PG-050933, General Order No. R-524), 480-93-005, filed 11/23/05, effective 12/24/05. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-005, filed 5/2/05, effective 6/2/05. 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), 480-93-005, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040 and 80.28.210. 95-13-082 (Order R-427, Docket No. UG-950061), 480-93-005, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), 480-93-005, filed 8/5/92, effective 9/5/92; Order R-100, 480-93-005, filed 5/18/77. Formerly WAC 480-93-001.]


AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-013   Covered tasks.   (1) Background. 49 CFR 192.803 through 192.809 prescribe the requirements associated with qualifications for operator personnel to perform "covered tasks." 49 CFR 192.801 defines a "covered task." In WAC 480-93-999, the commission adopts 49 CFR 192.801 through 192.809.

(2) In this section, the commission includes "new construction" in the definition of "covered task." Accordingly, for the purpose of this chapter, the commission defines a covered task that will be subject to the requirements of 49 CFR 192.803 through 192.809 as an activity, identified by the operator, that:

(a) Is performed on a pipeline facility;

(b) Is an operations, maintenance, or new construction task;

(c) Is performed as a requirement of Part 192 CFR; and

(d) Affects the operation or integrity of the pipeline.

(3) In all other respects, the requirements of 49 CFR 192.801 through 192.809 apply to this chapter.

(4) The equipment and facilities used for training and qualification must be similar to the equipment and facilities on which the employee will perform the covered task.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-013, filed 5/2/05, effective 6/2/05.]


AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-015   Odorization of gas.   (1) ((All natural)) Operators transporting gas ((that is transported)) by pipeline must ((be odorized)) odorize the gas at a concentration in air of at least one-fifth of the lower explosive limit, so that the gas is readily detectable by a person with a normal sense of smell.

(2) Operators must use an odorant testing ((instrumentation)) instrument when conducting sniff tests. Sniff tests must be performed at least once monthly. Master meter operators who comply with 49 CFR 192.625(f) are exempt from this requirement.

(3) ((Instruments used to conduct odorant sniff tests must be maintained, tested for accuracy, calibrated, and operated in accordance with the)) Operators must take prompt action to investigate and remediate odorant concentrations that do not meet the minimum requirements of subsection (1) of this section.

(4) Operators must follow the instrument manufacturer's recommendations for maintaining, testing for accuracy, calibrating and operating odorant testing instruments. When ((there are no)) the manufacturer(('s)) does not provide a recommendation((s)), operators must conduct accuracy checks and calibrate instruments if outside specified tolerances, at least once annually.

(((4))) (5) Operators must keep all records of odorant usage, sniff tests performed, and ((equipment)) odorant testing instrument calibration for five years.

(6) Exception. This rule does not apply to pipelines that transport gas where the odorant would make the gas unfit for its intended purpose.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-015, filed 5/2/05, effective 6/2/05. 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), 480-93-015, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), 480-93-015, filed 8/5/92, effective 9/5/92.]


AMENDATORY SECTION(Amending Docket No. PG-050933, General Order No. R-524, filed 11/23/05, effective 12/24/05)

WAC 480-93-017   Filing requirements for design, specification, and construction procedures.   (1) Any operator intending to construct or operate a gas pipeline facility in this state must file ((with the commission)) all applicable construction procedures, designs, and specifications used for each pipeline facility ((prior to operating the pipeline)) with the commission at least forty-five days prior to the initiation of construction activity. All procedures must detail the acceptable types of materials, fittings, and components for the different types of facilities in the operator's system.

(2) With the exception of emergency situations, any construction plans that do not conform with a gas company's existing and accepted construction procedures, designs, and specifications on file with the commission, must be submitted to the commission for review at least forty-five days prior to the initiation of construction activity.

[Statutory Authority: RCW 80.04.160, 80.28.210(1), and 80.01.040(1). 05-23-174 (Docket No. PG-050933, General Order No. R-524), 480-93-017, filed 11/23/05, effective 12/24/05. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-017, filed 5/2/05, effective 6/2/05. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), 480-93-017, filed 8/5/92, effective 9/5/92.]


AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-018   ((Maps, drawings, and records of gas facilities.)) Records.   (1) ((In addition to any document required to be maintained by this chapter, each operator must also prepare, maintain, and make available to the commission, any record, map or written procedure required by federal law to be kept by an operator concerning the reporting of gas releases, and the design, construction, testing, or operation and maintenance of gas pipelines.

(2) Nothing in subsection (1) of this section limits the commission's right to inspect any other accounts, books, papers or documents of any public service company, pursuant to RCW 80.04.070.)) Operators must maintain records sufficient to demonstrate compliance with all requirements of 49 CFR 191, 192 and chapter 480-93 WAC.

(2) Operators must give the commission access to records for review during an inspection and provide copies of requested records.

(3) Operators must maintain a list of forms and data bases, including examples where applicable, that specify what records the operator maintains. Operators must make this list available to the commission upon request.

(4) Operators must record and maintain records of the actual value of any required reads, tests, surveys or inspections performed. The records must include the name of the person who performed the work and the date the work was performed. The records must also contain information sufficient to determine the location and facilities involved. Examples of the values to be recorded include, but are not limited to, pipe to soil potential reads, rectifier reads, pressure test levels, and combustible gas indicator reads. A range of values may not be recorded unless the measuring device provides only a range of values.

(5) Operators must update records within six months of completion of any construction activity and make them available to appropriate company operations personnel.

(6) If an operator believes a record provided to the commission is confidential as that term is defined in WAC 480-07-160(2), the operator will follow the procedures in WAC 480-07-160 for designating and treating that record as confidential.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-018, filed 5/2/05, effective 6/2/05. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), 480-93-018, filed 8/5/92, effective 9/5/92.]


AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-100   Valves.   (1) Each operator must have a written valve maintenance program detailing the valve selection process, inspection, maintenance, and operating procedures. The written program must detail which valves will be maintained under 49 CFR 192.745, 49 CFR 192.747, and this subsection. The written program must also outline how the operator will monitor and maintain valves during construction projects to ensure accessibility. The following criteria and locations must be ((considered when)) incorporated in the written program. The written program shall explain how each of the following are considered in selecting which valves require annual inspections and maintenance under 49 CFR 192.747:

(a) Each pressure regulating station.

(b) Principal feeds into business districts.

(c) Geographical size of the area to be isolated.

(d) Number of potential customers affected.

(e) Pipeline size and operating pressures.

(f) Class locations.

(g) Potential threats including, but not limited to, earthquakes, floods, and landslides.

(h) Emergency response time.

(i) High occupancy structures or areas.

(j) Pipeline material: For example steel, polyethylene, or cast iron.

(2) Each operator must have a written service valve installation and maintenance program detailing the valve selection process, inspection, maintenance, and operating procedures. The written program must detail which new services will be required to have valves installed and maintained under this section. ((Preexisting services with valves already installed, and meeting the same inspection criteria established for new valve installation,)) Service valve installation requirements do not apply to existing services (they are not retroactive). Existing service valves that historically have not been maintained but are deemed necessary for maintenance by the written valve maintenance program must be maintained in accordance with subsection (3) of this section (service valve maintenance requirements are retroactive). ((The following criteria and/or locations must be considered when)) The written program shall explain how each of the following criteria and/or locations are considered in selecting which services will have valves installed and/or maintained under this section((.)):

(a) Services to churches, schools, hospitals.

(b) Service line length and size.

(c) Service line pressure.

(d) Services to buildings occupied by persons who are confined, are of impaired mobility, or would be difficult to evacuate.

(e) Services to commercial or industrial buildings or structures.

(f) Services to high occupancy structures or areas.

(3) All service valves selected for inspection in the program required in subsection (2) of this section must be operated and maintained at least once annually, but not to exceed fifteen months between operation and maintenance.

(4) Each operator must select which valves to inspect based on the unique operating conditions of the operator's pipeline system.

(5) Each operator must install and maintain valves for the purpose of minimizing the hazards resulting from a gas pipeline emergency and to aid in the timely control of an uncontrolled release of gas. In determining the minimum number and spacing of valves, the operator's primary objective shall be the protection of life and property. The operator must consider this objective in conjunction with the criteria listed in subsections (1) and (2) of this section. Operators must also incorporate their valve programs established in subsections (1) and (2) of this section into their emergency plan and other plans and procedures designed to protect life and property in the event of an emergency.

(6) Operators must fully implement the requirements of ((subsections (2) and (3) of)) this section within one year of the adoption date of this rule.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-100, filed 5/2/05, effective 6/2/05; Order R-28, 480-93-100, filed 7/15/71; Order R-5, 480-93-100, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-124   Pipeline markers.   (1) ((Operators must place pipeline markers at all railroad, road, irrigation, and drainage ditch crossings, and at all fence lines where a pipeline crosses private property, or where a pipeline or pipeline facility is exposed.

(2)(a) For buried pipelines, operators must place pipeline markers approximately five hundred yards apart, if practical, and at points of horizontal deflection of the pipeline.

(b) The following pipelines must have pipeline markers installed, not withstanding any exceptions in 49 CFR 192.707(b):

(i))) Pipeline markers must be placed at the following locations:

(a) Where practical, ((on all mains)) over pipelines operating above two hundred fifty psig;

(((ii) On both sides of crossings of)) (b) Over mains and transmission lines crossing navigable waterways (custom signage may be required to ensure visibility);

(((iii) On both sides of)) (c) Over mains and transmission lines at river, creek, drainage ditch, or irrigation canal crossings where hydraulic scouring, dredging, or other activity could pose a risk to the pipeline (custom signage may be required to ensure visibility); ((and

(iv) On both sides of)) (d) Over pipelines at railroad crossings;

(e) At above ground pipelines and pipeline facilities. Service risers and meter set assemblies, and operator owned piping downstream of the meter set assembly are exempt from this requirement. The minimum lettering size requirements located in 49 CFR 192.707 (d)(1) do not apply to services;

(f) Over mains located in Class 1 and 2 locations;

(g) Over transmission lines in Class 1 and 2 locations, and where practical, over transmission lines in Class 3 and 4 locations; and

(h) Over mains and transmission lines at interstate, U.S. and state route crossings where practical.

(2) Where markers are required at any crossings listed in subsection (1) of this section, they must be placed on both sides where practical.

(3) Where markers are required on buried pipelines, operators must, if practical, place them approximately five hundred yards apart and at points of horizontal deflection of the pipeline.

(4) Where gas pipelines are attached to bridges or otherwise span an area, operators must place pipeline markers at both ends of the suspended pipeline. ((Each)) Operators must conduct ((inspections)) surveys at least annually, ((but)) not to exceed fifteen months ((between inspections, and maintain the markers to ensure that they are visible and legible)).

(((4))) (5) Operators must replace markers that are reported damaged or missing within forty-five days.

(((5))) (6) Surveys of pipeline markers not associated with subsection (((3))) (4) of this section must be conducted ((as frequently as necessary)) at least every five calendar years but not to exceed sixty-three months, to ((maintain the markers to)) ensure that ((they)) markers are visible and legible((, but at intervals not to exceed five years. The survey records must be kept for a minimum of ten years)).

(((6))) (a) The operator must keep on file the last two surveys, or all surveys for the past five years, whichever number of surveys is greater.

(b) Survey records must include a description of the system and area surveyed.

(7) Operators must have maps, drawings or other sufficient records indicating class locations and other areas where pipeline markers are required.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-124, filed 5/2/05, effective 6/2/05. 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), 480-93-124, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), 480-93-124, filed 8/5/92, effective 9/5/92.]


AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-170   Tests and reports for pipelines.   (1) Operators must notify the commission in writing at least ((two)) three business days prior to the commencement of any pressure test of a gas pipeline that will have a MAOP that produces a hoop stress of twenty percent or more of the specified minimum yield strength of the pipe used. Pressure test procedures must be on file with the commission or submitted at the time of notification.

(a) The pressure tests of any such gas pipeline built in Class 3 or Class 4 locations, as defined in 49 CFR 192.5, or within one hundred yards of a building, must be at least eight hours in duration.

(b) When the test medium is to be a gas or compressible fluid, each operator must notify the appropriate public officials so that adequate public protection can be provided for during the test.

(c) In an emergency situation where it is necessary to maintain continuity of service, the requirements of subsection (1) of this section and subsection (1)(a) of this section may be waived by notifying the commission by telephone prior to performing the test.

(2) The minimum test pressure for any steel service line or main, regardless of the intended operating pressure, must be determined by multiplying the intended MAOP by a factor determined in accordance with the table located in 49 CFR 192.619 (a)(2)(ii).

(3) Operators must perform pressure tests for all new or replacement pipeline installations.

(4) All service lines that are broken, pulled, or damaged, resulting in the interruption of gas supply to the customer, must be pressure tested from the point of damage to the service termination valve (generally the meter set) prior to being placed back into service.

(5) Operators may only use pretested pipe when it is not feasible to conduct a pressure test.

(6) Operators must perform soap tests at the tie-in joints at not less than the current operating pressure of the pipeline.

(7) Operators must keep records of all pressure tests performed for the life of the pipeline and must document the following information:

(a) Operator's name;

(b) Employee's name;

(c) Test medium used;

(d) Test pressure;

(e) Test duration;

(f) Pipe size and length;

(g) Dates and times; and

(h) Test results.

(8) Where feasible, operators must install and backfill plastic pipe prior to pressure testing to expose any potential damage that could have occurred during the installation and backfill process.

(9) Where multiple pressure tests are performed on a single installation, operators must maintain a record of each test. An example of a single installation with multiple tests would be any continuous on-going job or installation such as a new plat or long main installation where more than one pressure test was conducted during construction.

(10) Pressure testing equipment must be maintained, tested for accuracy, or calibrated, in accordance with the manufacturer's recommendations. When there are no manufacturer's recommendations, then pressure testing equipment must be tested for accuracy at an appropriate schedule determined by the operator. Test equipment must be tagged with the calibration or accuracy check expiration date. The requirements of this section also apply to equipment such as pressure charts, gauges, dead weights or other devices used to test, monitor or check system pressures or set-points.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-170, filed 5/2/05, effective 6/2/05; Order R-28, 480-93-170, filed 7/15/71; Order R-5, 480-93-170, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-180   ((Plan of operations and maintenance procedures; emergency policy; reporting requirements.)) Plans and procedures.   (1) Each operator must have and follow a gas pipeline plan and procedure manual (manual) for operation, maintenance, inspection, and emergency response activities that is specific to the operator's system. ((The manual must comply with the provisions of the "Pipeline Safety Improvement Act of 2002.")) The manual must include plans and procedures for meeting all applicable requirements of 49 CFR 191, 192 and chapter 480-93 WAC, and any plans or procedures used by an operator's associated contractors.

(2) ((Plans)) The manual must be filed with the commission ((as soon as practical for review and determination as to their adequacy, when properly executed, to achieve an acceptable level of safety)) forty-five days prior to the operation of any gas pipeline. Operators must file revisions to the manual with the commission annually. The commission may, after notice and opportunity for hearing, require that a manual be revised or amended. Applicable portions of the manual related to a procedure being performed on the pipeline must be retained on-site where the activity is being performed.

(3) The manual must be written in detail sufficient for a person with adequate training to perform the tasks described. For example, a manual should contain specific, detailed, step-by-step instructions on how to maintain a regulator or rectifier, conduct a leak survey or conduct a pressure test.

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-180, filed 5/2/05, effective 6/2/05. 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), 480-93-180, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), 480-93-180, filed 8/5/92, effective 9/5/92; Order R-28, 480-93-180, filed 7/15/71; Order R-5, 480-93-180, filed 6/6/69, effective 10/9/69.]


AMENDATORY SECTION(Amending Docket No. UG-011073, General Order No. R-520, filed 5/2/05, effective 6/2/05)

WAC 480-93-188   Gas leak surveys.   (1) Operators must perform gas leak surveys using a gas detection instrument covering the following areas:

(a) Over all mains, services, and transmission lines including the testing of the atmosphere near other utility (gas, electric, telephone, sewer, or water) boxes or manholes, and other underground structures;

(b) Through cracks in paving and sidewalks;

(c) On all above ground piping (may be checked with either a gas detection instrument or with a soap solution);

(d) Where a gas service line exists, a survey must be conducted at the building wall at the point of entrance, using a bar hole if necessary; and

(e) Within all buildings where gas leakage has been detected at the outside wall, at locations where escaping gas could potentially migrate into and accumulate inside the building.

(2) Gas detection instruments must be maintained, tested for accuracy, calibrated, and operated in accordance with the manufacturer's recommendations. If there are no written manufacturer's recommendations or schedules, then instruments must be tested for accuracy at least monthly, but not to exceed forty-five days between testing, and include testing at least twelve times per year. Any instrument that fails its applicable tolerances must be calibrated or removed from service. Records of accuracy checks, calibration and other maintenance performed must be maintained for five years.

(3) Gas leak surveys must be conducted according to the following minimum frequencies:

(a) Business districts - at least once annually, but not to exceed fifteen months between surveys. All mains in the right of way adjoining a business district must be included in the survey;

(b) High occupancy structures or areas - at least once annually, but not to exceed fifteen months between surveys;

(c) ((Mains)) Pipelines operating at or above two hundred fifty psig - at least once annually, but not to exceed fifteen months between surveys; ((and))

(d) Where the gas system has cast iron, wrought iron, copper, or noncathodically protected steel - at least twice annually, but not to exceed seven and one-half months between surveys; and

(e) Unodorized pipelines - at least monthly.

(4) Special leak surveys must be conducted under the following circumstances:

(a) Prior to paving or resurfacing, following street alterations or repairs where gas facilities are under the area to be paved, and where damage could have occurred to gas facilities;

(b) In areas where substructure construction occurs adjacent to underground gas facilities, and damage could have occurred to the gas facilities, operators must perform a gas leak survey following the completion of construction, but prior to paving;

(c) Unstable soil areas where active gas lines could be affected;

(d) In areas and at times of unusual activity, such as earthquake, floods, and explosions; and

(e) After third-party excavation damage to services, operators must perform a gas leak survey from the point of damage to the service tie-in.

(5) Survey records must be kept for a minimum of five years. At a minimum, survey records must contain the following information:

(a) Description of the system and area surveyed (including maps and leak survey logs);

(b) Survey results;

(c) Survey method;

(d) Name of the employee who performed the survey;

(e) Survey dates; and

(f) Instrument tracking or identification number.

(6) Each operator must perform self audits of the effectiveness of its leak detection and recordkeeping programs. Operators must maintain records of the self audits for five years. Self audits must be performed as frequently as necessary, but not to exceed three years between audits. At a minimum, self audits should ensure that:

(a) Leak survey schedules meet the minimum federal and state safety requirements for gas pipelines;

(b) Consistent evaluations of leaks are being made throughout the system;

(c) Repairs are made within the time frame allowed;

(d) Repairs are effective; and

(e) Records are accurate and complete.

(((7) Operators must fully implement subsection (3)(a) of this section within two years of the adoption of this rule.))

[Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-188, filed 5/2/05, effective 6/2/05. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), 480-93-188, filed 8/5/92, effective 9/5/92; Order R-105, 480-93-188, filed 5/18/77.]


AMENDATORY SECTION(Amending Docket No. PG-050933, General Order No. R-524, filed 11/23/05, effective 12/24/05)

WAC 480-93-200   Reporting requirements for operators of gas facilities.   (1) Every operator must give notice to the commission by telephone within two hours of discovering an incident or hazardous condition arising out of its operations that:

(a) Results in a fatality or personal injury requiring hospitalization;

(b) Results in damage to the property of the operator and others of a combined total exceeding fifty thousand dollars;

(c) Results in the evacuation of a building, or a high occupancy structure((s)) or area((s));

(d) Results in the unintentional ignition of gas;

(e) Results in the unscheduled interruption of service furnished by any operator to twenty-five or more distribution customers;

(f) Results in a pipeline or system pressure exceeding the MAOP plus ten percent or the maximum pressure allowed by proximity considerations outlined in WAC 480-93-020;

(g) ((Is significant, in the judgment of the operator, even though it does not meet the criteria of (a) through (e) of this subsection; or)) Results in the news media reporting the occurrence; or

(h) ((Results in the news media reporting the occurrence)) Is significant, in the judgment of the operator, even though it does not meet the criteria of (a) through (((e))) (g) of this subsection.

(2) Operators must give notice to the commission by telephone within twenty-four hours of occurrence of every incident or hazardous condition arising out of its operations that results in:

(a) The uncontrolled release of gas for more than two hours;

(b) The taking of a high pressure supply or transmission pipeline or a major distribution supply pipeline out of service;

(c) A pipeline or system operating at low pressure dropping below the safe operating conditions of attached appliances and gas equipment; or

(d) A pipeline or system pressure exceeding the MAOP.

(3) Routine or planned maintenance and operational activities of the operator that result in operator-controlled plant and equipment shut downs, reduction in system pressures, flaring or venting of gas, and normal leak repairs are not reportable items under this section.

(4) Operators must provide to the commission a written report within thirty days of the initial telephonic report required under subsections (1) and (2) of this section. At a minimum, written reports 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 such injuries and damage;

(c) A description of the incident or hazardous condition including the date, time, and place, and reason why the incident occurred. If more than one reportable condition arises from a single incident, each must be included in the report;

(d) A description of the gas facilities involved in the incident or hazardous condition, the system operating pressure at that time, and the MAOP of the facilities involved;

(e) The date and time the operator was first notified of the incident;

(f) The date and time the operators' first responders arrived on-site;

(g) The date and time the gas facility was made safe;

(((f))) (h) The date, time, and type of any temporary or permanent repair made; ((and

(g))) (i) The cost of the incident to the operator;

(j) Line type;

(k) City and county of incident; and

(l) Any other information deemed necessary by the commission.

(5) Operators must submit a supplemental report if required information becomes available after the thirty-day report is submitted.

(6) Operators must provide to the commission a ((written report within forty-five days of receiving the)) copy of each failure analysis ((of)) report completed or received by the operator, concerning any incident or hazardous condition ((that was)) due to construction defects or material failure within five days of completion or receipt of such report.

(((6))) (7) Operators must file with the commission the following annual reports no later than March 15 for the preceding calendar year:

(a) A copy of every Pipeline and Hazardous Materials Safety Administration (PHMSA) F-7100.1-1 and F-7100.2-1 annual report required by U.S. Department of Transportation, Office of Pipeline Safety.

(b) A report titled, "Damage Prevention Statistics." The Damage Prevention Statistics report must include in detail the following information:

(i) Number of gas-related one-call locate requests completed in the field;

(ii) Number of third-party damages incurred; and

(iii) Cause of damage, where cause of damage is classified as ((either)) one of the following:

(A) Inaccurate locate;

(B) Failure to use reasonable care; ((or))

(C) Excavated prior to a locate being conducted; or

(D) Excavator failed to call for a locate.

(c) A report detailing all construction defects and material failures resulting in leakage. Operators must categorize the different types of construction defects and material failures anticipated for their system. The report must include the following:

(i) Types and numbers of construction defects; and

(ii) Types and numbers of material failures.

(((7))) (8) Operators must file with the commission, and with appropriate officials of all municipalities where operators have facilities, the names, addresses, and telephone numbers of the responsible officials of the operator who may be contacted in the event of an emergency. In the event of any changes in operator personnel, the operator must notify immediately the commission and municipalities.

(((8))) (9) Operators must send to the commission, by e-mail, daily reports of construction and repair activities ((electronically to the commission. Operators may send reports either by facsimile or e-mail to the commission)). Reports may be faxed only if the operator does not have e-mail capability. ((The)) Reports must be received no later than 10:00 a.m. each day of the scheduled work, and must include both operator and contractor construction and repair activities. Report information must be broken down by individual crews and the scheduled work must be listed by address, as much as practical. To the extent possible the reports will only contain construction and repair activity scheduled for that day, but they may include a reasonable allowance for scheduling conflicts or disruptions.

(((9))) (10) When an operator is required to file a copy of a DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form with the U.S. Department of Transportation, Office of Pipeline Safety, the operator must simultaneously submit a copy of the form to the commission.

[Statutory Authority: RCW 80.04.160, 80.28.210(1), and 80.01.040(1). 05-23-174 (Docket No. PG-050933, General Order No. R-524), 480-93-200, filed 11/23/05, effective 12/24/05. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-200, filed 5/2/05, effective 6/2/05. Statutory Authority: RCW 80.01.040. 92-16-100 (Order R-375, Docket No. UG-911261), 480-93-200, filed 8/5/92, effective 9/5/92; Order R-28, 480-93-200, filed 7/15/71; Order R-5, 480-93-200, filed 6/6/69, effective 10/9/69.]


NEW SECTION
WAC 480-93-250   Damage prevention.   Each operator must comply with chapter 19.122 RCW, including:

(1) Subscribe to the appropriate one-number locator service;

(2) Provide, upon receipt of locate notice, reasonably accurate information as to its locatable underground facilities by surface-marking the location of the facilities;

(3) Respond with locate markings within two business days after receipt of the notice or within a time mutually agreed upon between the operator and the excavator requesting the utility locate information.

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Washington State Code Reviser's Office