WSR 06-24-128

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket PL-061026 -- Filed December 6, 2006, 10:04 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-15-123.

     Title of Rule and Other Identifying Information: Chapter 480-75 WAC Hazardous liquid, gas, oil and petroleum pipeline companies -- Safety.

     WAC 480-75-270 Damage prevention, identifies hazardous liquid operators' obligation to adhere to the provisions of chapter 19.122 RCW as applicable.

     WAC 480-75-300 Leak detection, clarifies conditions that require leak protection.

     WAC 480-75-450 Construction specifications, removes an exemption from the longitudinal seam orientation requirement.

     WAC 480-75-630 Incident reporting, adds another type of reportable incident and modifies others.

     WAC 480-75-650 Annual reports, amends who receives annual reports and the date they are due.

     Hearing Location(s): WUTC Hearing Room 206, 2nd Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on February 7, 2007, at 1:30 p.m.

     Date of Intended Adoption: February 7, 2007.

     Submit Written Comments to: Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, e-mail records@wutc.wa.gov, fax (360) 586-1150, by January 10, 2007.

     Assistance for Persons with Disabilities: Contact Mary DeYoung by February 5, 2007, TTY (800) 416-5289 or (360) 664-1133.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Since the commission has adopted rules in chapter 480-75 WAC, Hazardous liquid, gas, oil and petroleum pipeline companies -- Safety, stakeholders and agency staff have identified a variety of issues, and changes in the federal rules that suggest that the commission should review certain rules relating to safety operation of hazardous liquid pipelines. This rule making proposes changes to WAC 480-75-300, 480-75-450, 480-75-630, and 480-75-650 and to add a new rule ensuring that pipeline operators comply with damage prevention requirements in chapter 19.122 RCW.

     Reasons Supporting Proposal: The proposed changes will provide clarity in some areas of the rules, eliminate requirements that are no longer necessary and provide compliance with federal rules.

     Statutory Authority for Adoption: RCW 80.01.040, 81.01.010, 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: Ilyne Lawson, Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1302; Implementation and Enforcement: Carole J. Washburn, Washington Utilities and Transportation Commission, 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 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 commission is not an agency to which RCW 34.05.328 applies. The proposed rule is not a significant legislative rule as referenced in RCW 34.05.328(5).

December 6, 2006

Carole J. Washburn

Executive Secretary

OTS-9385.2


NEW SECTION
WAC 480-75-270   Damage prevention.   Each operator must comply with the provisions of chapter 19.122 RCW, to the extent those provisions apply to the operator. A failure 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 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") do not apply.

[]


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

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

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

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

[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 480-75-450   Construction specifications.   Operators must assure that new pipeline construction ((must)) 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 the trench. ((Seamless pipe is exempted from the requirements of the longitudinal seam orientation.))

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

     (a) A fatality;

     (b) Personal injury requiring hospitalization;

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

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

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

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

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

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

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

     (b) The extent of injuries and damage;

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

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

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

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

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

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

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

     (1) A copy of Pipeline and Hazardous 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." The annual report must include in detail the following information:

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

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

[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.]

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