PROPOSED RULES
COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-17-134.
Title of Rule: Chapter 480-75 WAC, Hazardous liquid, gas, oil and petroleum pipeline companies -- Safety. The proposed rules would establish minimum safety standards and reporting requirements for the transportation of hazardous liquids by pipeline.
Purpose: This proposal would implement the requirements of chapter 81.88 RCW which requires the commission to develop a comprehensive program of hazardous liquid pipeline safety. In addition, the proposal would implement the Governor's Executive Order 97-02 by reviewing the rules for need, effectiveness and efficiency, clarity, intent and statutory authority, and cost and fairness.
Other Identifying Information: Docket No. TO-000712.
Statutory Authority for Adoption: RCW 80.01.040 and 80.04.160.
Statute Being Implemented: Chapter 81.88 RCW.
Summary: See Explanation of Rule below.
Name of Agency Personnel Responsible for Drafting: Sondra Walsh, Senior Policy Strategist, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1286; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1174.
Name of Proponent: Washington Utilities and Transportation Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules would establish a comprehensive program of hazardous liquid pipeline safety consistent with chapter 8l.88 RCW, by establishing safety standards for the transportation of hazardous liquids by pipeline, by establishing requirements for the design, construction, maintenance, and repair of hazardous liquids pipeline facilities, and by establishing safety plans and reporting requirements. The purpose of the rules is to provide minimum safety standards and reporting requirements for the transportation of hazardous liquids by pipeline. The proposal would protect the health and safety of the public and the environment by implementing safety measures applicable to persons transporting hazardous liquids by pipeline within the state of Washington.
Proposal Changes the Following Existing Rules: The proposal would change the title of chapter 480-75 WAC to Hazardous liquid, gas, oil and petroleum pipeline companies -- Safety.
The proposal repeals five out of seven existing rules in chapter 480-75 WAC, creates thirty-six new rules, and amends one existing rule.
Organization of the Chapter. The proposal would organize chapter 480-75 WAC into six parts (General Rules, Design and Construction Rules, and Maintenance Rules, Reporting Rules, and Adoption by Reference Rule) to improve ease of use.
General Rules. This section includes common rules that the commission applies to all regulated industries. Placement of general rules in this chapter would eliminate searching other WACs for applicable rules. Two new rules have been proposed for inclusion in this section: WAC 480-75-210 Additional requirements, and 480-75-220 Severability.
Design. This section includes ten new rules that incorporate the requirements of chapter 81.88 RCW.
Construction and Repair. This section also includes seven new rules based on the requirements of chapter 81.88 RCW.
Operation and Maintenance. This section includes six new rules that reflect the requirements of chapter 81.88 RCW.
Reporting Rules. WAC 480-75-650 Annual reports, has been redrafted for clarity and to reflect the requirements of chapter 81.88 RCW. This section also includes six new rules: WAC 480-75-600 Maps, drawings, and records of hazardous liquid facilities, 480-75-610 Reporting requirements for proposed construction, 480-75-620 Pressure testing reporting requirements, 480-75-630 Incident reporting, 480-75-640 Depth of cover survey, and 480-75-660 Operations safety plan requirements.
Adoption by Reference. WAC 480-75-999 is amended to update references.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Over the last eighteen months, the commission has circulated multiple rounds of draft rules and held three workshops with stakeholders to discuss draft rule language, receive comments, and explore options. The commission regulates the petroleum pipeline industry for safety, and took into account the economic impact of potential rule changes as an integral part of its analysis. In addition, the commission asked stakeholders to provide information on the economic impact of potential rule provisions for use in preparing a small business economic impact statement (SBEIS). An SBEIS is intended to evaluate any disproportionate impacts of the rule making on small businesses.
2. Regulatory Fairness Act Requirements: Administrative rules implemented by state agencies can have a disproportionate impact on small businesses, compared to large business, simply because of the size of those businesses. This disproportionate impact may affect competition, innovation, employment, economic growth, and threaten the very existence of some small businesses. Thus, the Regulatory Fairness Act, chapter 19.85 RCW, was enacted with the intent of reducing any disproportionate impact of state administrative rules on small businesses.
The Regulatory Fairness Act requires agencies to prepare an SBEIS if the proposed rule will impose "more than minor costs on businesses in an industry." An agency must then compare the costs of compliance with the proposed rule for large and small businesses within an industry, and then consider how to mitigate any disproportionate impact on small businesses. A business is categorized as "small" under the Regulatory Fairness Act if the business employs fifty or fewer employees.
3. Objective: Pursuant to chapter 19.85 RCW, commission staff prepared this SBEIS to examine the anticipated impact on small businesses of the proposed rules for chapter 480-75 WAC, and to propose plausible mitigation strategies, if necessary, based on the magnitude of economic impacts.
4. Study Procedure: Staff considered the economic impact of potential changes to the petroleum pipeline industry rules as an integral part of its review of the rules themselves. In each round of written and oral comments by stakeholders, economic factors played a central role in the public interest issues under consideration. The commission's regulation of the petroleum industry is unique. The commission has jurisdiction over seven intrastate hazardous liquid companies. The companies range in size from 1.6 miles to 56.01 miles. Consequently drafting rules that are fair and equitable to all companies presents a challenge. Four of the seven companies under commission regulation submitted an SBEIS. The analysis of the surveys follows.
The commission solicited input on economic impacts during the rule review process by circulating an SBEIS questionnaire in April, 2002. The commission received responses from four of the seven hazardous liquid companies under the commission's jurisdiction: Tidewater Terminal Company (Tidewater); Agrium U.S. Inc. (Agrium); McChord Pipeline Company (McChord); and Kaneb Pipeline Company (Kaneb). Two of the proposed rules Tidewater will implement will cause the company to incur substantial cost. Staff and Tidewater have had discussions on how to mitigate the implementation cost. If the rules are adopted as proposed an option for the company is to request from the commission an extension of time to comply with WAC 480-75-300 and 480-75-330. This would allow the company the ability to budget for the additional cost, and spread that cost over more than one fiscal year.
Agrium, which has 1.6 miles of pipeline will also incur substantial implementation cost. Staff and Agrium have discussed various ways to mitigate the cost. An option for the company, like for Tidewater, is to request from the commission an extension of time to comply with WAC 480-75-300 and give them the ability to budget for and spread the implementation cost over more than one fiscal year.
McChord may also incur substantial implementation cost. Staff and McChord continue to have discussions on the intent of WAC 480-75-390. If the company's current system meets the requirements of WAC 480-75-390, the implementation cost would decrease by $250,000. If the system does not meet the requirements of the proposed rule, then the company would incur substantial cost. Staff will continue to work with the company and discuss ways to mitigate the cost if it is found that the system needs to be upgraded to meet the requirements of WAC 480-75-390.
The SBEIS submitted by Kaneb was inconclusive. Staff
reviewed the SBEIS and found that Kaneb answered most of the
questions with "cannot be determined at this time." The
implementation cost and on-going cost included in the SBEIS is
minimal. Staff has attempted to contact Kaneb to discuss their
responses. The company has not been available, and did not
attend the April 3, 2002, stakeholder meetings where the intent
of all the rules was discussed. Staff will continue to try to
discuss the intent of the draft rules and Kaneb's SBEIS with the
company. At this time the economic impact on the company is
minimal.
Company Name | Company Employee | Implementation Cost |
Cost Per Employee |
Three Year Mitigation |
Ongoing Cost |
Cost Per Employee |
Staff Comments |
Agrium U.S. Inc. | 121 | $262,400 | $2168.602 | $35,000 | $289.26 | ||
Tidewater Terminal Co. | 43 | $360,000 | $8,372.09 | $2,790.70 | $52,000 | $1,209.30 | Implementation is mitigated over a three year period. |
McChord Pipeline Co. | 150 | $332,000 | $2,213.33 | $737.78 | $8,000 | $53.33 | Staff and the company will continue discussing the intent of WAC 480-75-390. If the company's current systems meets the requirements of the rule the implementation cost will decrease by $250,000. |
Kaneb Pipeline | 150 | $10,000 | $66.67 | $2,500 | $16.67 |
6. Conclusion: Below, the section-by-section analysis
shows, the economic impact of the proposed rule revisions is
generally not significant for petroleum pipeline companies in
general. The proposed revisions make the petroleum pipeline
companies rules clearer and more consistent, which makes it
easier for companies' to comply with the rules. Two of the rules
could result in substantial implementation costs for some
companies. Staff and the companies will discuss ways to mitigate
those costs.
Chapter 480-75 WAC, Hazardous Liquid, Gas, Oil and Petroleum Pipeline Companies -- Safety
480-75-100 Definitions. | Any substantive effect of a change in definition is analyzed with the substantive rule itself. |
480-75-200 Application of rules. | No substantive change. No economic impact. |
480-75-210 Additional requirements. | No substantive change. No economic impact. |
480-75-220 Severability. | No substantive change. No economic impact. |
480-75-250 Civil penalty for violation of chapter 81.88 RCW. | No substantive change. No economic impact. |
480-75-300 Leak detection. | New rule. Economic impact analyzed. See table. |
480-75-310 Geological considerations. | New rule. No economic impact. |
480-75-320 Overpressure protection. | New rule. No economic impact. |
480-75-330 Overfill protection. | New rule. Economic impact analyzed. See table. |
480-75-340 Cathodic protection test station location. | New rule. No significant economic impact. |
480-75-350 Design specification for new pipeline project. | New rule. No economic impact. |
480-75-360 Class location. | New rule. No economic impact. |
480-75-370 Design factor (F) for steel pipe. | New rule. No economic impact. |
480-75-380 Location of pump stations and breakout tanks for hazardous liquid pipeline. | New rule. No economic impact. |
480-75-390 Valve spacing and rapid shutdown. | New rule. Economic impact analyzed. See table. |
480-75-400 Backfill. | New rule. No economic impact. |
480-75-410 Coatings. | New rule. No economic impact. |
480-75-420 Hydrostatic test requirements. | New rule. No economic impact. |
480-75-430 Welding procedures. | New rule. No economic impact. |
480-75-440 Pipeline repairs. | New rule. Economic impact to each of the companies is $300.00 or less. |
480-75-450 Construction specifications. | New rule. No economic impact. |
480-75-460 Welding inspection requirements. | New rule. No significant economic impact. |
480-75-500 Moving and lowering hazardous liquid pipelines. | New rule. Economic impact analyzed. See table. |
480-75-510 Remedial action. | New rule. No significant economic impact. |
480-75-520 Inspections during excavation. | New rule. No significant economic impact. |
480-75-530 Right of way inspections. | New rule. No significant economic impact. |
480-75-540 Above ground facilities. | New rule. No significant economic impact. |
480-75-550 Change in class location. | New rule. No economic impact. |
480-75-600 Maps, drawings, and records of hazardous liquid facilities. | New rule. No economic impact. |
480-75-610 Reporting requirements for proposed construction. | New rule. No significant economic impact. |
480-75-620 Pressure testing reporting requirements. | New rule. No significant economic impact. |
480-75-630 Incident reporting. | New rule. No significant economic impact. |
480-75-640 Depth of cover survey. | New rule. No significant economic impact. |
480-75-650 Annual reports. | No substantive change. No economic impact. |
480-75-660 Operations safety plan requirements. | New rule. No significant economic impact. |
480-75-999 Adoption by reference. | No change. |
A copy of the statement may be obtained by writing to Washington Utilities and Transportation Commission, Records Center, Docket No. TO-000712, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, phone (360) 664-1234, fax (360) 664-1150.
RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules as referenced in RCW 34.05.328.
Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on July 10, 2002, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact
Mary DeYoung by July 8, 2002, TDD (360) 586-8203 or (360) 664-1133.
Submit Written Comments to: Secretary, Docket No. TO-000712, Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, fax (360) 586-1150, by June 26, 2002.
Date of Intended Adoption: July 10, 2002.
June 5, 2002
Carole J. Washburn
Secretary
OTS-5740.1
HAZARDOUS LIQUID, GAS, OIL AND PETROLEUM PIPELINE COMPANIES -- SAFETY
"Maximum operating pressure (MOP)" means the maximum operating pressure at which a pipeline or segment of a pipeline may be operated under 49 CFR Part 195.
"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.
"Break-out 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," "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.
"High stress" means a pipeline that operates at a hoop stress level greater than twenty percent of the specified minimum yield strength of the line pipe.
"High stress pipeline" means a hazardous liquid pipeline that is operated in its entirety at a stress level over twenty percent of the specified minimum yield strength of the pipe.
"Major reconstruction" or "reconditioning" means any change in pipeline routing, either horizontally or depth, or replacement of existing pipe of one hundred feet or more in length.
"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.
"New pipeline" means a new pipeline that did not previously exist, a replacement of an existing pipeline of one hundred feet or longer, or an extension of an existing pipeline for one hundred feet or longer.
"Operator" means a person who owns or operates pipeline facilities.
"Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any political subdivision or instrumentality of a state, and its employees, agents, or legal representatives.
"Pipeline 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.
"Pipeline facility" means new and existing pipeline, rights of way and any equipment, facility, or building used in the transportation of hazardous liquids or carbon dioxide.
"Release" means when hazardous liquid escapes from the pipeline.
"Subsoiling" means the agricultural practice of breaking compact subsoil.
"Telephonic notification" means verbal notification by telephone to the Washington utilities and transportation commission, pipeline safety division.
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(2) The commission retains the authority to impose additional or different requirements on any hazardous liquid pipeline company in appropriate circumstances, consistent with the requirements of law.
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(2) In determining the amount of the penalty, the commission will consider the appropriateness of the penalty in relation to the position of the person charged with the violation.
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(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason for the exemption.
(3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date of the hearing or open meeting when the commission will consider the request.
(4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the petitioner, of a degree or a kind different from hardship imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purpose of the rule.
(5) The commission will enter an order granting or denying the request, or setting it for hearing pursuant to chapter 480-09 WAC.
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DESIGN(2) Leak detection systems must be capable of detecting an eight percent of maximum flow leak within fifteen minutes or less.
(3) Hazardous liquid pipeline companies must have a leak detection procedure and a procedure for responding to alarms. The operator must maintain leak detection maintenance and alarm records.
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(a) A "class location unit" is an onshore area that extends 220 yards (200 meters) on either side of the centerline of any continuous 1 mile (1.6 kilometers) of pipeline.
(b) Each separate dwelling unit in a multiple dwelling unit building is counted as a separate building intended for human occupancy.
(2) Except as provided in subsection (3) of this section, pipeline locations are classified as follows:
(a) A Class 1 location is:
(i) An offshore area; or
(ii) Any class location unit that has ten or fewer buildings intended for human occupancy.
(b) A Class 2 location is any class location unit that has more than ten but fewer than forty-six buildings intended for human occupancy.
(c) A Class 3 location is:
(i) Any class location unit that has forty-six or more buildings intended for human occupancy; or
(ii) An area where the pipeline lies within 100 yards (91 meters) of either a building or a small, well-defined outside area (such as a playground, recreation area, outdoor theater, or other place of public assembly) that is occupied by twenty or more persons on at least five days a week for ten weeks in any twelve-month period. (The days and weeks need not be consecutive.)
(d) A Class 4 location is any class location unit where buildings with four or more stories above ground are prevalent.
(3) The length of Class locations 2, 3, and 4 may be adjusted as follows:
(a) A Class 4 location ends 220 yards (200 meters) from the nearest building with four or more stories above ground.
(b) When a cluster of buildings intended for human occupancy requires a Class 2 or 3 location, the class location ends 220 yards (200 meters) from the nearest building in the cluster.
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Class location | Design factor (F) |
1 | 0.72 |
2 | 0.60 |
3 | 0.50 |
4 | 0.40 |
(a) Crosses the right of way of an unimproved public road, without a casing;
(b) Crosses without a casing, or makes a parallel encroachment on the right of way of either a hard-surfaced road, a highway, a public street, or a railroad;
(c) Is supported by a vehicular, pedestrian, railroad, or pipeline bridge; or
(d) Is used in a fabricated assembly (including mainline valve assemblies, cross-connections, and river crossing headers).
(2) For Class 2 locations, a design factor of 0.50, or less, must be used in the design formula in 49 CFR 195.106 for uncased steel pipe that crosses the right of way of a hard-surfaced road, a highway, a public street, or a railroad.
(3) For Class 1 and Class 2 locations, a design factor of 0.50, or less, must be used in the design formula in 49 CFR 195.106 for:
(a) Steel pipe in a pump station; and
(b) Steel pipe (including a pipe riser, on a platform located offshore or in inland navigable waters).
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(2) Whenever a hazardous liquid pipeline company changes the design or operation of an existing valve, a surge analysis must be conducted and the report kept for the life of the pipeline.
(3) Hazardous liquid pipeline companies must include in their safety plan shutdown procedures for the containment of product that will designate where and how valves will be placed.
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CONSTRUCTION AND REPAIRS(2) Where the backfill material contains rocks or hard lumps that could damage the coating, care must be taken to protect the pipe and the pipe coating from damage by such means as the use of mechanical shield material.
(3) Backfilling procedures must not cause distortion of the pipe cross-section that would be detrimental to the operation of the piping, passage of cleaning, or internal inspection devices.
(4) Backfilling must be performed in such a manner as to prevent excessive subsidence or erosion of the backfill and support material. Where a ditch is flooded, care must be exercised so that the pipe is not floated from the bottom of the ditch prior to backfill completion.
(5) For open trench installations that cross paved areas subject to vehicular loading, the backfill must be compacted in layers to a minimum of ninety-five percent relative density.
(6) Bedding material must be clean sand or soil and must not contain stones having a maximum dimension larger than one-half inch. Material must be placed to a minimum depth of six inches under the pipe and six inches over the top of the pipe. The remaining backfill must not contain rock larger than six inches. Organic material and wood is not permitted for bedding and backfill.
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(1) 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.
(2) Pressure relief valve(s) of adequate capacity set to relieve at ten percent above the hydrotest pressure must be installed. The relief valves must be tested, dated, and tagged within one week prior to the hydrotest.
(3) In addition to the pressure relieving device, a bleed valve must be provided to protect the pipeline from overpressure. The bleed valve must be readily accessible in case immediate depressurization is required.
(4) The pressure testing manifold in the actual pressure test must be separately pressure tested to at least 1.2 times the pipeline test pressure but not less than the discharge pressure of the pump used for the pressure testing. After the test pressure is reached and before commencement of inspection of the pipeline, the isolation valve between the temporary test manifold and pipeline must be closed and the test pump disconnected.
(5) A test chart or other recording method that shows that the pressure was maintained at the minimum test pressure throughout the entire test must be documented for all hydrostatic tests. A company representative must sign and date the test to certify the validity of the test. All equipment such as hoses, piping, and other equipment used to hydrostatically test the pipe must be rated for at least the target pressure. Each hydrostatic test of a pipeline must be documented to show:
(a) Test date;
(b) Signature of the certifying agent;
(c) Beginning and ending times of the test;
(d) Beginning and ending temperatures; and
(e) Highest and lowest pressure achieved.
(6) Precautions such as warning signs indicating a pipeline is under test conditions must be posted on highway crossings and at locations where large groups of people may gather, such as schools, churches, hospitals, shopping malls, to safeguard the public and those living and working around the area where the test is conducted.
(7) Pipeline companies must notify public officials who have jurisdiction encompassing the area affected by the pipeline test.
(8) No additional water is allowed to be added to the pipeline once the hydrostatic test has started. As pressure varies significantly with changing test water temperatures, each operator must take into consideration temperature variation in the test water before accepting the test.
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(a) Operators must use testing equipment necessary to measure the essential variables during welder qualification or requalification, and also for procedure qualification or requalification. All essential variables must be recorded as performed during the welding qualification.
(b) Qualified welding procedures must be on-site where welding is being performed.
(2) Welders must carry appropriate identification and qualification cards showing the name of welder or joiner, their qualifications, date of qualification expiration, and the company whose procedures were followed for the qualification. Welders' and joiners' qualification cards will be subject to commission inspection at all times when personnel are working on facilities subject to commission jurisdiction.
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OPERATION AND MAINTENANCE
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REPORTING(2) Each hazardous liquid pipeline company must make books, records, reports, and other information available to the commission, so the commission or its authorized representatives can determine whether the hazardous liquid pipeline company is in compliance with state and federal regulations.
(3) When pipeline facilities are modified, all construction records, revision to maps, and operating history made available to appropriate operations personnel must be updated within six months.
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(a) Description and purpose of the proposed pipeline;
(b) Pipe specifications and route map;
(c) Maximum operating pressure for which the pipeline is being constructed;
(d) Location and construction details of all river crossings or other unusual construction requirements encountered en route; i.e., places where pipe will be exposed or it is impractical to provide required cover, bridge crossings, lines to be laid parallel to railroads or state highways and encroachments, and other areas requiring special or unusual design and construction considerations;
(e) Corrosion control plan that includes the specifications for coating and for wrapping;
(f) Welding specifications and welding inspection methods and procedures required during construction of the pipeline;
(g) Required bending procedures; and
(h) Location and specification of all mainline block valves indicating whether the valves will be operated by manual or remote control. Indicate other auxiliary equipment to be installed as a part of the pipeline system to be constructed.
(2) For pipelines operating under twenty percent specified minimum yield strength, companies must submit to the commission a written notice at least forty-five days prior to the proposed construction. The notice must include a project description and timeline.
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(a) A fatality;
(b) Personal injury requiring hospitalization;
(c) Spills of five gallons of product (the commission request voluntary compliance with 49 CFR, Part 195.50(b). If the Washington state legislature adopts this change, then notice of the five-gallon spill will be mandatory);
(d) Damage to the property of the company and others of a combined total cost exceeding five thousand dollars (automobile collisions and other equipment accidents not involving hazardous liquid or hazardous-liquid-handling equipment need not be reported under this rule);
(e) A significant occurrence in the judgment of the company, even though it does not meet the criteria of (a) through (d) of this subsection;
(f) The news media reports the occurrence, even though it does not meet the criteria of (a) through (e) of this subsection.
(2) A written report must be sent to the commission within one month of the incident. The report must include the following:
(a) Name(s) and address(es) of any person or persons injured or killed or whose property was damaged;
(b) The extent of injuries and damage;
(c) A description of the incident including date, time, and place;
(d) A description and maximum operating pressure of the hazardous liquid facilities implicated in the incident and the system operating pressure at the time of the incident;
(e) The date and time the hazardous liquid facility returns to safe operations; and
(f) The date, time, and type of any temporary or permanent repair.
(3) An operator must give the commission telephonic notification within twenty-four hours of emergency situations including emergency shutdowns, material defects, or physical damage that impairs the serviceability of the pipeline.
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(1) Unless specifically exempted in this section, all pipe must be buried so that it is below the level of cultivation. Except as provided in subsection (2) of this section, the pipe must be installed so that the cover between the top of the pipe and the ground level, road bed, river bottom, or sea bottom, as applicable, complies with the following table:
Location | Cover (inches) For normal excavation |
Cover (inches) For rock excavation |
Industrial, commercial, and residential areas | 36 | 30 |
Crossings of inland bodies of water with a width of at least 100 ft. from high water mark to high water mark | 48 | 18 |
Drainage ditches at public roads and railroads | 36 | 36 |
Deepwater port safety zone | 48 | 24 |
Any other area | 30 | 18 |
Note: | Rock excavation is any excavation that requires blasting or removal by equivalent means. |
(a) It is impracticable to comply with the minimum cover requirements; and
(b) Additional protection is provided that is equivalent to the minimum required cover.
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(2) For those hazardous liquid pipeline companies not required to file form No. 6 the commission requires those companies to file annual report form 224-225 prescribed by the commission. The annual report will be mailed to each company by February 15 of each year. Companies must submit an annual report to the commission no later than April 1 of the succeeding year.
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(2) A log sheet must be included in the plan to record amendments. The log sheet must include the date the old section was eliminated, any new sections that were added, the date, the initials of the individual making the change, and the signature of the person responsible for reviewing the amendment. A description of the amendment(s) and its purpose must be included.
(a) At a minimum, the plan must include the following:
(i) The requirements in chapter 480-75 WAC;
(ii) A schedule of inspection and testing of all the mechanical components and electronic components within the pipeline system;
(iii) Structural integrity of all pipelines determined through pressure testing, in-line inspection surveys, or other appropriate techniques;
(iv) Failsafe systems including emergency shutdown and isolation procedures;
(v) Emergency management training for operators;
(vi) Procedures for responding to earthquakes that must include a threshold for line shutoff, and procedures for integrity monitoring prior to restart;
(vii) Procedure for assessing the potential for impacts on the pipeline system due to landslides. Operators with facilities located within potential landslide areas must develop monitoring and remediation procedures for ensuring that pipeline integrity is maintained in these areas.
(3) Hazardous liquid pipeline companies must submit a plan to the commission within twelve months after the adoption of this rule. New pipeline operators 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) Hazardous liquid pipeline companies must ensure that appropriate personnel are trained and familiar with the plan's content.
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((Title 49 Code of Federal Regulations, cited as 49 CFR,
including all appendices and amendments is published by the
United States Government Printing Office.
(1) The commission adopts the version in effect on July 1, 2001.
(2) This publication is referenced in WAC 480-75-005.
(3))) (1) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on June 1, 2002.
(b) This publication is referenced in WAC 480-75-370, 480-75-630, and 480-75-660.
(2) The ASME B31.4, 1998 edition.
(a) This publication is referenced in WAC 480-75-350, 480-75-430, 480-75-440, and 480-75-450.
(3) The commission adopts API standard 1104 19th edition. This publication is referenced in WAC 480-75-430, 480-75-460, and 480-75-500.
Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.
[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.]
The following sections of the Washington Administrative Code are repealed:
WAC 480-75-002 | Application of rules. |
WAC 480-75-005 | Compliance with federal standards. |
WAC 480-75-010 | Annual reports. |
WAC 480-75-223 | Civil penalty for violation of chapter 81.88 RCW or regulations issued thereunder -- Maximum amount. |
WAC 480-75-230 | Modification/waivers. |