WSR 99-02-037
PERMANENT RULES
UTILITIES AND TRANSPORTATION
COMMISSION
[Docket No. UG-980962, General Order No. 457--Filed December 30, 1998, 4:44 p.m.]
In the matter of amending and adopting WAC 480-93-010, relating to natural gas pipeline safety.
statutory or other authority: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 98-22-111 filed with the code reviser on November 4, 1998. The commission brings this proceeding pursuant to RCW 80.01.040.
statement of compliance: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 34.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).
date of adoption: The commission adopted this rule on December 9, 1998.
concise statement of purpose and effect of the rule: The proposal is undertaken so that Washington state will comply with federal requirements to retain certification under the Pipeline Safety Law, 49 U.S.C. Section 60101, et seq., and to participate in the federal pipeline safety program. The proposal will adopt, by reference, the recent federal amendments to the natural gas standards (49 CFR 192), liquefied natural gas pipeline safety standards (49 CFR Part 193), and the drug and alcohol testing regulations (49 CFR Part 199) to conform state regulations of intrastate pipeline companies with existing federal regulations.
reference to affected rules: This rule repeals, amends, suspends, or adopts the following sections of the Washington Administrative Code: Amends WAC 480-93-010 Compliance with federal standards.
preproposal statement of inquiry and actions thereunder: The commission filed a preproposal statement of inquiry (CR-101) on July 24, 1998, at WSR 98-16-011.
additional notice and activity pursuant to preproposal statement: The notice advised interested persons that the commission was considering entering a rule making on the adoption of federal pipeline safety rules by reference to bring state rules into conformity with existing federal rules. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notice to all registered gas companies and the commission's list of natural gas pipeline companies.
notice of proposed rule making: The commission filed a notice of proposed rule making (CR-102) on November 4, 1998, as WSR 98-22-111. The notice provided interested persons the opportunity to submit written comments to the commission until November 30, 1998.
comments: The commission did not receive any comments concerning this rule making.
rule-making hearing: The rule change proposal was considered for adoption, pursuant to the notice, at the commission's open public meeting on December 9, 1998, before Chair Anne Levinson and Commissioner Richard Hemstad. The commission heard oral comments from Dennis Lloyd, representing commission staff. No other interested persons made oral comment.
commission action: The commission adopted the proposed rule amendment without changes from the text. The adoption of these rules will extend existing federal/state gas pipeline safety cooperation to liquefied pipeline facilities and will provide coordinated local/state standards to promote continued safe operations of pipelines within the state of Washington. The existence of common standards offers benefits to the public, to regulatory agencies, and to the regulated industry.
statement of action; statement of effective date: In reviewing the entire record, the commission determines that WAC 480-93-010, 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.
ORDER
the commission orders That:
1. WAC 480-93-010 is adopted 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 its filing with the code reviser pursuant to RCW 34.05.380(2).
2. This order and the rule set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.04 and 34.05 RCW and WAC 480-09-210.
3. The commission adopts the commission staff memoranda, presented when the commission considered filing a preproposal statement of inquiry, when it considered filing the formal notice of proposed rule making, and when it considered adoption of this proposal in conjunction with the text of this order, as its concise explanatory statement of the reasons for adoption and for rejection of proposed changes, as required by RCW 34.05.325.
dated at Olympia, Washington, and effective this 30th day of December 1998.
Washington Utilities and Transportation Commission
Richard Hemstad, Commissioner
William R. Gillis, Commissioner
APPENDIX "A"
OTS-2593.1
AMENDATORY SECTION (Amending Order R-437, Docket No. UG-951453, filed 6/10/96, effective 7/11/96)
WAC 480-93-010 Compliance with federal standards. Gas
companies' gathering, storage, distribution, and transmission
facilities ((of all gas operators in this state shall)) must be
designed, constructed, maintained, and operated in compliance
with the provisions of Title 49 ((CFR)) Code of Federal
Regulations (CFR), Parts 191, 192, 193 and 199 in effect on the
effective date of this rule((, except that any specific
provisions in this chapter control in the event of inconsistency
between this chapter and the referenced federal rules. 49 CFR,
Parts 191, 192 and 199, are available for public inspection in
the commission branch of the Washington state library, located
with the headquarters office of the commission)). The provisions
of this chapter shall govern to the extent that the standards in
the state regulations are compatible with the federal standards.
Copies of the above referenced regulations can be viewed at the
commission branch of the Washington state library or are
available from the Government Printing Office Bookstore, Seattle,
Washington.
[Statutory Authority: RCW 80.01.040 and 80.28.210. 96-13-022 (Order R-437, Docket No. UG-951453), § 480-93-010, filed 6/10/96, effective 7/11/96; 95-13-082 (Order R-427, Docket No. UG-950061), § 480-93-010, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 80.01.040. 93-18-097 (Order R-396, Docket No. UG-930243), § 480-93-010, filed 9/1/93, effective 10/2/93; 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-010, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-010, filed 7/15/71; Order R-5, § 480-93-010, filed 6/6/69, effective 10/9/69.]