WSR 08-07-080

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket PL-070974 -- Filed March 19, 2008, 8:09 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-16-059 and 07-21-146.

     Title of Rule and Other Identifying Information: Chapter 480-75 WAC, Hazardous liquid, gas, oil and petroleum pipeline companies -- Safety. The Washington utilities and transportation commission (UTC) has identified several rules within chapter 480-75 WAC that need to be updated to establish consistency with statutory changes made to Titles 80 and 81 RCW resulting from the passage of SSB 5225 during the 2007 legislative session. This rule making will provide amendments to definitions and add new definitions to reflect changes to state law. In addition, the penalty amount, the annual reporting date and the correct version date for adopting rules by reference have been modified to be consistent with federal rules. The rule making has been assigned Docket PL-070974.

     Hearing Location(s): Commission's Hearing Room 206, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on May 15, 2008, at 1:30 p.m.

     Date of Intended Adoption: May 15, 2008.

     Submit Written Comments to: Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, e-mail records@utc.wa.gov, fax (360) 586-1150, by April 25, 2008. Please include Docket PL-070974 in your communication.

     Assistance for Persons with Disabilities: Contact Mary DeYoung by Tuesday, May 13, 2008, TTY (360) 586-8203 or (360) 664-1133.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments are intended to update current rules to reflect changes in Titles 80 and 81 RCW resulting from the passage of SSB 5225 during the 2007 legislative session. The changes provide updated definitions in WAC 480-75-100 for "Hazardous liquid pipeline'[",] "pipeline" and "hazardous liquid pipeline company." The change in definition for "hazardous liquid pipeline company" is applicable to most of the rules in chapter 480-75 WAC. In addition, WAC 480-75-200 Application of rules, adds to the title "responsibility for contractors" and a new subsection (2) defining a company's responsibility for its contractors. WAC 480-75-250 increases the penalty amounts to be consistent with federal law, WAC 480-75-240(3) changes the quarterly fee installment dates, and WAC 480-75-999 (1)(a) changes the version date for the adoption of federal rules. In addition, rule language has been modified from the passive to active voice.

     Reasons Supporting Proposal: With the passage of SSB 5225, chapter 480-75 WAC must reflect the statutory changes to be consistent with state law. In addition, UTC staff and stakeholders have discovered areas of the rules that call for minor correction, updates, deletion, and revision. This proposal would address those areas.

     Statutory Authority for Adoption: RCW 80.01.040(4) and 81.88.060.

     Statute Being Implemented: Not applicable.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington utilities and transportation commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Sondra Walsh, Operations Manager, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1286; Implementation and Enforcement: Carole J. Washburn, Executive Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed corrections and changes to rules will not result in or impose an increase in costs. Because there will not be any increase in costs resulting from the proposed rule changes, a small business economic impact statement is not required under RCW 19.85.030(1).

     A cost-benefit analysis is not required under RCW 34.05.328. The UTC is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules of the sort reference[d] in RCW 34.05.328(5).

March 19, 2008

Carole J. Washburn

Executive Secretary

OTS-1365.3

Chapter 480-75 WAC

HAZARDOUS LIQUID((, GAS, OIL AND PETROLEUM)) PIPELINES ((COMPANIES)) -- SAFETY


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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.

     "Hazardous liquid pipeline" or "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. It does not include all parts of a pipeline facility through which a hazardous liquid moves in transportation through refining or manufacturing facilities or storage or in-plant piping systems associated with such facilities, a pipeline subject to safety regulations of the United States Coast Guard, or a pipeline that serves refining, manufacturing, or truck, rail or vessel terminal facilities, if the pipeline is less than one mile long, measured outside facility grounds, and does not cross an offshore area or a waterway used for commercial navigation.

     "Hazardous liquid pipeline company" or "pipeline company" means a person or entity constructing, owning, or operating a hazardous liquid pipeline, but does not include excavation contractors or other contractors that contract with a hazardous liquid pipeline company.

     "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.

     "Line pipe" or "pipe" means a tube, usually cylindrical, through which a hazardous liquid is transported from one point to another.

     "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 hazardous liquid pipeline that did not previously exist, or an extension of an existing pipeline ((for)) of 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 using the pipeline safety incident notification telephone number (1-888-321-9146).

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-100, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-200   Application of rules -- Responsibility for contractors.   (1) 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)) these rules is to provide minimum safety standards and reporting requirements for the transportation of hazardous liquids by pipeline, and to set forth a regulatory fee methodology that applies to all pipeline companies subject to inspection by the commission.

     (2) While the commission's hazardous liquid pipeline safety statutes and rules impose obligations on pipeline companies, a pipeline company may contract with a person to do tasks that are subject to these rules, such as excavation, construction, and maintenance. If the pipeline company's contractor (or any of its subcontractors) engages in conduct that violates commission rules applicable to the pipeline company, the pipeline company is subject to penalties and all other applicable remedies, as if the pipeline company itself engaged in that conduct, including intentional noncompliance or other intentional violations of these rules by the contractor (or any of its subcontractors). The pipeline company is responsible for maintaining measures designed to detect intentional violations of these rules by a contractor and any of its subcontractors.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-200, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-210   Additional requirements.   (1) These rules do not relieve any pipeline 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.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-210, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. P-041344, General Order No. R-523, filed 8/4/05, effective 7/1/06)

WAC 480-75-240   Annual pipeline safety fee methodology.   (1) ((Every hazardous liquid pipeline company subject to inspection or enforcement by the commission)) This rule sets forth the commission's regulatory fee methodology for hazardous liquid pipelines as that term is defined in RCW 81.88.010, and gas pipelines, as that term is defined in RCW 81.88.010. For purposes of this section, these pipelines are called "company" or "companies" and the "commission's pipeline safety program" means the pipeline safety program that includes each program.

     (2) Each company will pay an annual pipeline safety fee as established in the methodology set forth in ((section (2) below)) subsection (3) of this section.

     (((2))) (3) The fee will be set by general order of the commission entered before ((July)) September 1 of each year and will be collected in four equal installments payable on the first day of each ((calendar)) quarter as listed below:

     1st quarter fee installment due September 1;

     2nd quarter fee installment due December 1;

     3rd quarter fee installment due March 1;

     4th quarter fee installment due June 1.

     (a) The total of pipeline safety fees will be calculated to recover no more than the costs of the legislatively authorized workload represented by current appropriations for the commission's pipeline safety program, less the amount received in total base grants through the Federal Department of Transportation and less any amount received from penalties collected under RCW 19.122.050. Federal grants, other than the federal base grant, received by the commission for additional activities not included or anticipated in the legislatively directed workload will not be credited against pipeline company ((pipeline)) safety fees, nor will the work supported by ((such)) grants be considered a cost for purposes of calculating ((such)) fees. To the extent that the actual base grant proceeds are different than the amount credited, the difference will be applied in the following year.

     (b) Total pipeline safety fees as determined in (a) of this subsection will be calculated in two parts:

     (i) The commission's annual overhead charge to the pipeline safety program will be allocated among companies according to each company's share of the total of all pipeline miles within Washington as reported by ((the)) companies in their annual reports to the commission.

     (ii) After deducting the commission's annual overhead charge, the remainder of the total pipeline safety fees will be allocated among companies in proportion to each company's share of the commission pipeline safety program staff hours that are directly attributable to particular companies. The commission will determine each company's share by dividing the total hours directly attributable to ((the)) each company during the two preceding calendar years (as reflected in the program's timekeeping system) by the total of directly attributable hours for all companies over the same period.

     (iii) For fee-setting purposes, any program hours related to a ((staff)) commission investigation of an incident found to be attributed to third-party damage ((resulting)) that results in penalties collected under RCW 19.122.055 will not be directly attributed to the ((operator)) owner of the damaged pipeline ((for fee-setting purposes)).

     (c) The commission general order setting fees pursuant to this rule will detail the specific calculation of each company's pipeline safety fee including the allocations set forth in (b) of this subsection.

     (((3))) (4) By ((June)) August 1 of each year the commission ((staff)) will mail an invoice to each company ((an invoice)).

     (((4))) (5) All funds received by the commission for the pipeline safety program will be deposited to the pipeline safety account. For ((those companies)) each gas pipeline company subject to RCW 81.24.010 ((the)), its portion of the company's total regulatory fee applicable to pipeline safety will be transferred from the public service revolving fund to the pipeline safety account.

     (((5))) (6) Any company wishing to contest the amount of the fee imposed under this section must pay the fee when due and, within ((6)) six months ((of)) after the due date of the fee, file a written petition ((in writing)) with the commission requesting a refund. The petition shall state the name of the petitioner; the date and the amount paid, including a copy of any receipt, if available; the amount of the fee that is contested; ((and any)) all reasons why the commission ((may)) should not impose the fee in that amount; and a calculation and explanation of the fee amount the petitioner contends is appropriate, if any. The commission may grant the petition administratively or may set the petition for adjudication ((or for brief adjudication)).

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, 80.24.060, and 81.24.090. 05-17-017 (Docket No. P-041344, General Order No. R-523), § 480-75-240, filed 8/4/05, effective 7/1/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 2001 c 238 § 2. 02-03-016 (Docket No. UG-010522, General Order No. R-497), § 480-75-240, filed 1/4/02, effective 2/4/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-250   Civil penalty for violation of chapter 81.88 RCW.   (((1))) Any pipeline company that violates any ((public)) pipeline safety provision of any commission order or any rule in this chapter including those rules adopted by reference, or 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)) one hundred 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)) one million 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.))

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-250, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending General Order R-510, Docket No. A-010648, filed 11/24/03, effective 1/1/04)

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 480-07 WAC)) pursuant to WAC 480-07-110. Please refer to that rule for applicable procedures.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-75-260, filed 11/24/03, effective 1/1/04; 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-260, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket PL-061026, General Order R-541, filed 4/4/07, effective 5/5/07)

WAC 480-75-270   Damage prevention.   Each ((operator)) pipeline company must comply with the provisions of chapter 19.122 RCW, to the extent those provisions apply to the ((operator. A failure)) pipeline company. A pipeline company violates this rule if the pipeline company fails to comply with ((any of the provisions of)) chapter 19.122 RCW ((is a violation of this rule)). Each day a violation persists is a separate violation of this rule. In determining whether ((an operator)) a pipeline company has complied with the provisions of chapter 19.122 RCW, the definitions contained in that chapter will apply. The definitions in chapter 480-75 WAC (other than the definition of (("operator")) "hazardous liquid pipeline company") do not apply.

[Statutory Authority: RCW 80.01.040, 81.01.010, 81.88.060. 07-09-001 (Docket PL-061026, General Order R-541), § 480-75-270, filed 4/4/07, effective 5/5/07.]


AMENDATORY SECTION(Amending Docket PL-061026, General Order R-541, filed 4/4/07, effective 5/5/07)

WAC 480-75-300   Leak detection.   (1) Pipeline companies must rapidly locate leaks from their pipeline. Pipeline companies must provide leak detection 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) Pipeline companies must have a leak detection procedure and a procedure for responding to alarms. The ((operator)) pipeline company must maintain leak detection maintenance and alarm records.

[Statutory Authority: RCW 80.01.040, 81.01.010, 81.88.060. 07-09-001 (Docket PL-061026, General Order R-541), § 480-75-300, filed 4/4/07, effective 5/5/07. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-300, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-310   Geological considerations.   When a pipeline company is planning to build a new pipeline, the design((s)) of the new pipeline must ((consider)) reflect consideration of the potential impacts from seismic activity and earth movement.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-310, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-320, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-330   Overfill protection.   If a pipeline contains break out tanks, such tanks must have an independent level alarm.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-330, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-340   Cathodic protection test station location.   Pipeline companies must ensure that each cathodically protected pipeline ((must have)) has test stations and other electrical measurement contact points that are located at pipe casings and at locations sufficient to facilitate cathodic protection testing.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-340, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-350   Design specifications for new pipeline ((projects)).   Pipeline companies must design new pipelines ((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.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-350, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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)) one 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 pipeline company must adjust the continuous one-mile of pipeline ((must be adjusted to include)) referenced in subsection (1)(a) of this section by including all buildings in the higher class location. The class location unit must encompass the highest classification of buildings.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-360, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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)) a pipeline company used in the design formula in 49 CFR Section 195.106 for new pipelines is determined in accordance with the following table. ((Information about)) The applicable version of the Code of Federal Regulations ((regarding the version adopted and where)) and how 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 Section 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 Section 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 Section 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).

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-370, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-380, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-508, filed 12/12/02, effective 1/12/03)

WAC 480-75-390   Valve spacing and rapid shutdown.   (1) Each pipeline company must have procedures to rapidly locate and isolate reportable releases from ((a)) its pipeline.

     (2) When determining the type of valve to be used, its location, and its shut-off time, ((a)) each pipeline company must consider the following:

     (a) Terrain;

     (b) Geohazards;

     (c) Drainage; and

     (d) Type and condition of the pipe.

     (3) Whenever a pipeline company installs a new rapid shutdown valve ((is to be installed)), the pipeline company must conduct a surge analysis to ensure that the surge pressure in the pipeline will not exceed one hundred ten percent of the maximum operating pressure as a result of a rapid valve closure.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-01-064 (Docket No. TO-000712, General Order No. R-508), § 480-75-390, filed 12/12/02, effective 1/12/03.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-400   Backfill and ((bedding)) bed requirements.   (1) ((For)) When a pipeline company constructs a new pipeline((s)) or ((when conducting)) conducts maintenance ((activity for)) on an existing pipeline((s backfilling and bedding must be provided in a manner that will)), the backfill and bed must provide firm support for the pipeline ((and in a manner)) such that neither the pipe nor the pipe coating is damaged by the backfill material or by subsequent surface activities.

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

     (3) ((Backfilling procedures)) A pipeline company's backfill practices must not cause distortion of the pipe cross-section that would be detrimental to the operation of the piping, or the passage of cleaning devices, ((or)) internal inspection devices, or other similar devices.

     (4) ((Backfilling must be performed)) A pipeline company must apply backfill material 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)) the pipeline company must assure that the pipe is not floated from the bottom of the ditch prior to completing the backfill ((completion)).

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

     (6) The bedding and backfill material a pipeline company uses must ((be)) consist of clean sand or soil and it must not contain any stones ((having a maximum dimension)) larger than one-half inch. ((Material must be placed to)) The pipeline company must place the bedding and backfill material at 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. The pipeline company shall not use organic material ((and)) or wood ((is not permitted)) for bedding ((and)) or backfill.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-400, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-410   Coatings.   Before backfilling, each pipeline company must electrically inspect 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 pipeline company shall operate 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.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-410, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-420   Hydrostatic test requirements.   The following minimum requirements apply to a pipeline company when it conducts a hydrostatic test of a new or existing ((hazardous liquid)) pipeline((s while being hydrostatically tested must have, at a minimum, the following)):

     (1) ((When)) If a pipeline company uses a manifold ((is used)) for hydrostatic testing, ((then)) the company must provide 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 pipeline company must separately pressure ((testing)) test the manifold used 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)) If a pipeline company uses a pressure relief valve ((is used)) to protect the pipe, ((then the pressure relief)) each such valve(((s))) must be of adequate capacity and set to relieve at ten percent above the hydrostatic test pressure. The ((relief valves)) pipeline company must ((be calibrated)) calibrate the relief valve within one month prior to the ((hydrotest)) hydrostatic test.

     (3) The pipeline company may use a bleed valve ((may be provided)) to protect the pipeline from overpressure. When a pipeline company uses a bleed valve ((is used, it)), the valve 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:)) All equipment such as hoses, piping, and other equipment used to hydrostatically test the pipe must be rated for at least the target pressure.

     (5) The pipeline company must maintain documents identifying how each hydrostatic test was conducted. Each document must be signed by a person with sufficient knowledge, certifying that the document contains accurate information about the test. The documents must contain the following information:

     (a) The date of the test ((date));

     (b) ((Signature of the certifying agent;)) A test chart or other record that shows that the pressure was maintained at the minimum test pressure throughout the entire test;

     (c) Beginning and ending times of the test;

     (d) Beginning and ending temperatures; and

     (e) Highest and lowest pressure achieved.

     (((5))) (6) The pipeline company must conspicuously post precautions such as warning signs ((must be posted)) indicating that a hazardous liquid pipeline is under test conditions.

     (((6) Companies)) (7) The pipeline company must notify ((public officials who have)) the local government and fire department with jurisdiction ((encompassing)) in the area affected by the ((pipeline)) hydrostatic test.

     (((7) No additional)) (8) The pipeline company shall not add any water ((is allowed to be added)) to the pipeline ((once)) after the hydrostatic test has started. ((As)) Because pressure varies significantly with changing test water temperatures, each ((operator)) pipeline company must take into consideration temperature variations in the test water before accepting the test results.

     (((8) Before conducting a hydrostatic test, a)) (9) The pipeline company ((needs to consider)) must comply with applicable rules of the Washington state department of ecology ((regulations for)) addressing disposal of testing water.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-420, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500 and R-502, filed 8/26/02 and 9/20/02, effective 9/26/02 and 10/21/02)

WAC 480-75-430   Welding procedures.   (1) ((For new and existing pipelines, all)) Each pipeline company must use welding procedures ((and welders must be qualified to)) specified in the API Standard 1104 or Section IX of the ASME Boiler and Pressure Vessel Code and each pipeline company must qualify its welders according to these standards. Information about ((the API)) these 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)) To qualify or requalify a welder or to qualify a welding procedure, each pipeline company must use testing equipment ((necessary to measure)) capable of measuring the essential variables used during ((welder qualification or requalification, and also for procedure qualification or requalification.)) the test. Each pipeline company must record all essential variables ((must be recorded as)) performed during the ((welding)) qualification or requalification.

     (b) Each pipeline company must have the appropriate written qualified welding procedures ((must be on-site)) at the site where the welding is being performed.

     (2) Each welder((s)) used by a pipeline company must carry appropriate identification and qualification cards showing the name of welder, ((their)) qualifications, the date ((of)) qualification ((expiration)) expires, and the name of the pipeline company whose procedures ((were followed)) the welder used for the qualification. Each welder((s'))'s identification and qualification card((s)) will be subject to commission inspection at all times when ((personnel are)) a welder is working on ((facilities)) a facility subject to the commission's pipeline safety jurisdiction.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 and 02-20-015 (Docket No. TO-000712, General Order No. R-500 and R-502), § 480-75-430, filed 8/26/02 and 9/20/02, effective 9/26/02 and 10/21/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-440   Pipeline repairs.   Each pipeline company must make 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.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-440, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket PL-061026, General Order R-541, filed 4/4/07, effective 5/5/07)

WAC 480-75-450   Construction specifications.   ((Operators)) Each pipeline company must assure that any new pipeline construction conforms 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 an open trench. Information about the ASME edition adopted and where to obtain it are set out in WAC 480-75-999, Adoption by reference.

[Statutory Authority: RCW 80.01.040, 81.01.010, 81.88.060. 07-09-001 (Docket PL-061026, General Order R-541), § 480-75-450, filed 4/4/07, effective 5/5/07. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-450, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-460   Welding inspection requirements.   Each pipeline company must inspect 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. Pipeline companies must keep a log of each weld inspected and keep all inspection records for the life of the pipeline. Information about the API standards adopted ((and)) including where to obtain ((it are)) them is 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.))

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-460, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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,)) A pipeline company must prepare a study before it moves any line pipe to determine whether ((the proposed action)) moving the line pipe will cause an unsafe condition. Moving the line pipe includes lowering the line pipe. This study must be reviewed and approved by a person designated by the pipeline company who is qualified to review the study((, and retained in the company's files)). The pipeline company must retain a copy of the study 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.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-500, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-510   Remedial action for corrosion deficiencies.   Pipeline companies must initiate remedial action as necessary to correct ((deficiencies)) any deficiency observed during corrosion monitoring, ((but no later than)) within ninety days after ((acknowledging)) the pipeline company detects the ((deficiencies)) deficiency.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-510, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-520, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-530   Right of way inspections.   The pipeline company must schedule 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 company must inspect the right of way inspection ((must be driven or walked)) by motor vehicle or walking the area, within ((the)) a two week period.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-530, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-540   Pipeline markers and above ground facilities.   The pipeline company must place proper pipeline markers ((must be placed where hazardous liquid pipelines)) wherever the line pipe and any associated facilities are exposed. For all ((hazardous liquid)) pipelines attached to bridges or otherwise spanning an area, the pipeline company must ((have)) place pipeline markers so that they are visible and readable at both ends of the suspended pipeline. Each ((operator)) pipeline company must inspect ((all)) each marker((s)) annually((. Pipeline)), and within thirty days of each inspection, replace each marker((s)) that ((are found)) is damaged or missing ((must be replaced within thirty days)).

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-540, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-550, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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

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

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

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-600, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-610   Reporting requirements for proposed construction.   (1) At least forty-five days ((prior to)) before starting 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)) the pipeline company must ((be filed)) file a report 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)) construction;

     (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)) a pipeline company 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.

     (3) The commission may waive the forty-five-day reporting requirement in an emergency.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-610, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-620   Pressure testing reporting requirements.   If a pipeline company uses pressure testing ((is to be used)) as part of an effort to increase the maximum operating pressure of ((a)) the pipeline, ((companies)) the pipeline company 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)) justifying a higher operating pressure.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-620, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket PL-061026, General Order R-541, filed 4/4/07, effective 5/5/07)

WAC 480-75-630   Incident reporting.   (1) ((Every)) Each pipeline company must give ((prompt)) telephonic notice to the commission within two hours of discovery of an incident involving that company's pipeline, such as a release of a hazardous liquid ((resulting)), that results in:

     (a) A fatality;

     (b) Personal injury requiring hospitalization;

     (c) Fire or explosion not intentionally set by the ((operator)) pipeline company;

     (d) Spills of five gallons or more of product from the pipeline;

     (e) Damage to the property of the pipeline 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);

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

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

     (2) Each pipeline company that has an incident described in subsection (1) of this section shall send a written report ((must be sent)) to the commission within ((one month)) thirty calendar days 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)) pipeline implicated in the incident and the system operating pressure at the time of the incident;

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

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

     (3) ((An operator)) A pipeline company 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.

[Statutory Authority: RCW 80.01.040, 81.01.010, 81.88.060. 07-09-001 (Docket PL-061026, General Order R-541), § 480-75-630, filed 4/4/07, effective 5/5/07. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-630, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-640   Depth-of-cover survey.   For pipelines constructed after April 1, 1970((. Every five years)), each pipeline company must conduct a depth-of-cover survey((s must be conducted)) in its pipeline rights of way every five years 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)) must be conducted every three years.

     (1) Unless specifically exempted in this section, each pipeline company must bury 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 less than the minimum required by subsection (1) of this section may be used if:

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

     (b) The pipeline company provides additional protection ((is provided that is)) equivalent to the minimum required cover.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-640, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket PL-061026, General Order R-541, filed 4/4/07, effective 5/5/07)

WAC 480-75-650   Annual reports.   ((Operators)) Each pipeline company must file with the commission the following ((annual)) reports ((with the commission)) no later than ((April 1 for)) June 15 of each year, applicable to the preceding calendar year:

     (1) A copy of Pipeline and Hazardous Materials Safety Administration (PHMSA) F-7000.1-1 annual report required by the PHMSA, Office of Pipeline Safety.

     (2) A report titled, "Hazardous Liquid Annual Report Form" which can be obtained from the Pipeline Safety Section of the commission. The annual report must include in detail the following information:

     (a) Interstate and intrastate pipeline mileage in Washington state; and

     (b) A list of reportable and nonreportable safety-related conditions as defined in 49 CFR Section 195.55.

[Statutory Authority: RCW 80.01.040, 81.01.010, 81.88.060. 07-09-001 (Docket PL-061026, General Order R-541), § 480-75-650, filed 4/4/07, effective 5/5/07. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-650, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

WAC 480-75-660   ((Operations safety plan requirements.)) Procedural manual for operations, maintenance, and emergencies.   (1) Each pipeline 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))) and follow a procedural manual that includes the following:

     (a) Procedures required in 49 CFR Section 195.402;

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

     (((vii))) (c) Procedure for assessing the potential for impacts on the pipeline system due to landslides. ((Operators)) Pipeline companies 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.)) (2) Each pipeline company shall submit a copy of its current procedural manual to the commission and must submit any revisions to the procedural manual to the commission within thirty days of the procedural manual change. A new pipeline company must submit its procedural manual no later than sixty days prior to startup.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-660, filed 8/26/02, effective 9/26/02.]


AMENDATORY SECTION(Amending Docket A-060464, General Order No. R-535, filed 6/28/06, effective 7/29/06)

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:

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

     (a) The commission adopts the version in effect on October 1, ((2005)) 2007.

     (b) This publication is referenced in WAC 480-75-370 (Design factor (F) for steel pipe), WAC 480-75-630 (Incident reporting), and WAC 480-75-660 (Operations safety plan requirements).

     (c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, 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 (Design specifications for new pipeline projects), WAC 480-75-440 (Pipeline repairs), and WAC 480-75-450 (Construction specifications).

     (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 (Welding procedures).

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

     (4) The commission adopts American Petroleum Institute (API) standard 1104 19th edition.

     (a) This publication is referenced in WAC 480-75-430 (Welding procedures) and WAC 480-75-460 (Welding inspection requirements).

     (b) Copies of API standard 1104 19th 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 (Moving and lowering hazardous liquid pipelines).

     (b) Copies of API standard 1117 Second Edition are available from Global Engineering Documents in Englewood, Colorado.

[Statutory Authority: RCW 80.01.040, 80.04.160, 80.28.210, 81.04.160, 81.88.020, and 34.05.353. 06-14-052 (Docket A-060464, General Order No. R-535), § 480-75-999, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-75-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-75-999, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-999, filed 8/26/02, 9/26/02. 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.]

© Washington State Code Reviser's Office