WSR 14-10-082
[Docket PL-140104—Filed May 7, 2014, 8:43 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-05-089.
Title of Rule and Other Identifying Information: WAC 480-75-250 Civil penalty for violation of chapter 81.88 RCW.
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 July 2, 2014, at 10:30 a.m.
Date of Intended Adoption: July 2, 2014.
Submit Written Comments to: Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, e-mail, fax (360) 586-1150, by June 9, 2014. Please include Docket PL-140104 in your communication.
Assistance for Persons with Disabilities: Contact Debbie Aguilar by June 18, 2014, TTY (360) 586-8203 or (360) 664-1132.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making would consider changes to a section of chapter 480-75 WAC, Hazardous liquids pipelinesSafety, rules governing hazardous liquids pipeline operators to increase the maximum civil penalties for violations of the gas pipeline safety laws and regulations from $100,000 to $200,000 per violation, and a maximum penalty for a related series of violations from $1,000,000 to $2,000,000. The changes reflect amendments to federal rules by the Pipeline and Hazardous Materials Safety Administration (PHMSA), 49 C.F.R. 190.223 effective October 25, 2013, that increased maximum administrative civil penalties in conformance with the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L. 112-90).
Reasons Supporting Proposal: The rules of the state agency must provide for the enforcement of pipeline safety standards by injunctive and monetary sanctions that are, at a minimum, as stringent as those set out at the federal level under the Code of Federal Regulations. State agency participation in the federal pipeline safety program requires the agency to adopt each federal safety standard applicable to intrastate pipelines under its jurisdiction.
Statutory Authority for Adoption: RCW 80.01.040(4), 81.04.160, and 81.88.040.
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: David D. Lykken, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1219; Implementation and Enforcement: Steven V. King, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1115.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will not result in or impose more than minor costs. Because there will not be more than minor increases in costs resulting from the proposed rule change, 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 of the sort referenced in RCW 34.05.328(5).
May 7, 2014
Steven V. King
Executive Director
and Secretary
AMENDATORY SECTION (Amending WSR 08-12-045, filed 5/30/08, effective 6/30/08)
WAC 480-75-250 Civil penalty for violation of chapter 81.88 RCW.
Any pipeline company that violates any pipeline safety provision of any commission order or any rule in this chapter including those rules adopted by reference, or chapter 81.88 RCW is subject to a civil penalty not to exceed ((one)) two 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 ((one)) two million dollars.