WASHINGTON STATE REGISTER

WSR 01-13-044

EMERGENCY RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. UG-010816, General Order No. R-487 -- Filed June 14, 2001, 4:07 p.m. ]

In the matter of amending WAC 480-75-005 and 480-93-010, relating to incorporating by reference current federal standards set forth in 49 C.F.R. Parts 191, 192, 193, 195, and 199 pertaining to pipeline safety.

1 This is an emergency rule-making proceeding to amend rules that will become effective when filed. The emergency rules that are the subject of this rule making changes the adoption by reference dates from September 24, 1999, to June 13, 2001, in WAC 480-75-005 and 480-93-010. This change will incorporate by reference current federal standards set forth in 49 C.F.R. Parts 191, 192, 193, 195, and 199 pertaining to pipeline safety.

2 The Washington Utilities and Transportation Commission is conducting this rule making pursuant to RCW 80.01.040 and 34.05.350. 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), and the State Environmental Policy Act of 1971 (chapter 43.21C RCW).

3 The emergency rule process set forth in RCW 34.05.350 permits agencies to dispense with the requirements of notice and opportunity to comment in certain situations including situations where rules are necessary for the receipt of federal funds.

4 The reasons requiring emergency action are as follows:

Chapter 480-75 WAC governing petroleum pipeline companies and chapter 480-93 WAC governing gas companies safety adopt by reference federal rules governing pipeline safety. Several recent federal rule makings have adopted new pipeline safety standards that need to be incorporated into the commission's pipeline safety rules. It is critical to the commission's pipeline safety program to adopt these new rules to protect the public health and safety. Failure to adopt the emergency rules and to incorporate current standards into the commission's pipeline safety rules would jeopardize the commission's eligibility for federal funding.

5 The Washington Utilities and Transportation Commission finds that an emergency exists. The commission finds that immediate adoption of a June 13, 2001, adoption by reference date is necessary to incorporate recent changes to 49 C.F.R. into the commission's pipeline safety rules. This change incorporates federal rules that have been adopted since September 24, 1999, as follows:

⧫ 49 C.F.R. Parts 192 and 195, Pipeline Safety: Qualification of Pipeline Personnel

Effective: October 26, 1999 (Docket No. RSPA-98-3783)

This rule requires pipeline operators to develop and maintain a written qualification program for individuals performing covered tasks on pipeline facilities.

⧫ 49 C.F.R. Part 192: Determining the Extent of Corrosion on Gas Pipelines

Effective: November 22, 1999 (Docket No. PS-107)

This rule requires that when gas pipeline operators find harmful external corrosion on buried metallic pipeline was exposed, they must investigate further to determine if additional harmful corrosion exists in the vicinity of the original exposure. The new requirement may prevent accidents due to corrosion that might otherwise go undetected near an exposed portion of pipeline.

⧫ 49 C.F.R. Part 193, Pipeline Safety: Incorporation of Standard NFPA 59A in the Liquefied Natural Gas Regulations

Effective: March 31, 2000 (Docket No. RSPA-97-3002)

This rule incorporates by reference an industry consensus standard for liquefied natural gas (LNG) facilities subject to the pipeline safety regulations. This standard, developed by the National Fire Protection Association (NFPA), specifies siting, design, construction, equipment, and fire protection requirements that apply to new LNG facilities and to existing facilities that have been replaced, relocated, or significantly altered. This standard will allow the LNG industry to use the latest technology, materials, and practices while maintaining the current level of safety.

⧫ 49 C.F.R. Parts 192 and 195, Pipeline Safety: Underwater Abandoned Pipeline Facilities

Effective: October 10, 2000 (Docket No. RSPA-97-2094)

This rule will require the last operator of an abandoned natural gas or hazardous liquid pipeline facility that is located offshore or crosses under, over or through a commercially navigable waterway to submit a report of the abandonment to the Secretary of Transportation.

⧫ 49 C.F.R. Parts 192 and 195, Pipeline Safety: Gas and Hazardous Liquid Pipeline Repair

Effective: January 13, 2000 (Docket No. RSPA-98-4733)

This rule adopts a safety performance standard for the repair of corroded or damaged steel pipe in gas or hazardous liquid pipelines. The performance standard is likely to encourage technological innovations and reduce repair costs without reducing safety.

⧫ 49 C.F.R. Part 199, Pipeline Safety: Notice of Random Drug Testing

Effective: January 1, 2001 (Docket No. RSPA-97-2995)

Each year, a minimum percentage of covered pipeline employees must be randomly tested for illegal drugs. The percentage, either 50% or 25%, depends on the positive rate of random testing reported to RSPA in the previous year. In calendar year 2001, the minimum annual percentage rate for random drug testing is 25% of covered employees.

⧫ 49 C.F.R. Part 195, Pipeline Safety: Areas Unusually Sensitive to Environmental Damage

Effective: April 21, 2001 (Docket No. RSPA-99-5455)

This rule defines drinking water and ecological areas that are unusually sensitive to environmental damage if there is a hazardous liquid pipeline release. This rule does not require specific action by pipeline operators but will be used in other federal regulations.

⧫ 49 C.F.R. Part 195: Pipeline Safety: Pipeline Integrity Management in High Consequence Areas (Hazardous Liquid Operators with 500 or More Miles of Pipelines)

Effective: May 29, 2001 (Docket No. RSPA-99-6355)

This rule requires operators of hazardous liquid pipelines to assess the integrity of pipelines where failure could impact certain populated and environmentally sensitive areas.

ORDER

6 THE COMMISSION ORDERS That WAC 480-75-005 and 480-93-010, as set forth in Appendix A, are amended to take effect as emergency rules of the Washington Utilities and Transportation Commission pursuant to RCW 34.05.350 and 34.05.380(2), to be effective when filed.

7 THE COMMISSION FURTHER ORDERS That this order and the rules set forth in Appendix A, after being first recorded in the order register of the Washington Utilities and Transportation Commission, be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.

DATED at Olympia, Washington, this 14th day of June, 2001.

Washington Utilities and Transportation Commission

Marilyn Showalter, Chairwoman

Richard Hemstad, Commissioner

Attachment A

AMENDATORY SECTION [(Amending Order R-465, Docket No. A-980247, filed 9/24/99)]WAC 480-75-005 Compliance with federal standards. Hazardous liquid pipeline companies transporting gasoline, oil, petroleum, or hazardous liquids in this state shall design, construct, maintain, and operate pipeline facilities in compliance with the provisions of 49 CFR, Parts 195 and 199, in effect on ~~September 7, 1999~~ June 13, 2001. The provision in this chapter shall govern to the extent that the standards in the state regulations are compatible with the federal standards. The incorporation of 49 CFR, Part 195, Subpart B, Reporting Accidents and Safety-Related Conditions, is revised as follows:

1. Include "Washington Utilities and Transportation Commission" where "Administrator, Office of Pipeline Safety, Research and Special Programs Administration, or Department of Transportation" appear.

2. Include "Washington Utilities and Transportation Commission Pipeline Safety Section, at its office at 1300 S. Evergreen Park Drive SW, P.O. Box 47250, Olympia, Washington, 98504-7250," where telephone or addresses appear for the "Information Officer, Information Resources Manager, or Office of Pipeline Safety."

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 34.05.310, 34.05.356, 80.01.040, 80.04.160 and 80.04.160 [81.04.160]. 99-20-013 (Order R-465, Docket No. A-980247), 480-75-005, filed 9/24/99, effective 10/25/99. Statutory Authority: RCW 80.01.040. 99-02-036 (Order R-456, Docket No. TO-980905), 480-75-005, filed 12/30/98, effective 1/30/99. Statutory Authority: RCW 80.01.040 and 80.04.010. 97-07-042 (Order R-439, Docket No. TO-960810), 480-75-005, filed 3/14/97, effective 4/14/97.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION [(Amending Order R-465, Docket No. A-980247, filed 9/24/99)]WAC 480-93-010 Compliance with federal standards. Gas companies' gathering, storage, distribution, and transmission facilities must be designed, constructed, maintained, and operated in compliance with the provisions of Title 49 Code of Federal Regulations (CFR), Parts 191, 192, 193 and 199 in effect on ~~September 7, 1999~~ June 13, 2001. 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 34.05.310, 34.05.356, 80.01.040, 80.04.160 and 80.04.160 [81.04.160]. 99-20-013 (Order R-465, Docket No. A-980247), 480-93-010, filed 9/24/99, effective 10/25/99. Statutory Authority: RCW 80.01.040. 99-02-037 (Order 457, Docket No. UG-980962), 480-93-010, filed 12/30/98, effective 1/30/99. 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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

⧫	49 C.F.R. Parts 192 and 195, Pipeline Safety: Qualification of Pipeline Personnel
	Effective: October 26, 1999 (Docket No. RSPA-98-3783)
	This rule requires pipeline operators to develop and maintain a written qualification program for individuals performing covered tasks on pipeline facilities.
⧫	49 C.F.R. Part 192: Determining the Extent of Corrosion on Gas Pipelines
	Effective: November 22, 1999 (Docket No. PS-107)
	This rule requires that when gas pipeline operators find harmful external corrosion on buried metallic pipeline was exposed, they must investigate further to determine if additional harmful corrosion exists in the vicinity of the original exposure. The new requirement may prevent accidents due to corrosion that might otherwise go undetected near an exposed portion of pipeline.
⧫	49 C.F.R. Part 193, Pipeline Safety: Incorporation of Standard NFPA 59A in the Liquefied Natural Gas Regulations
	Effective: March 31, 2000 (Docket No. RSPA-97-3002)
	This rule incorporates by reference an industry consensus standard for liquefied natural gas (LNG) facilities subject to the pipeline safety regulations. This standard, developed by the National Fire Protection Association (NFPA), specifies siting, design, construction, equipment, and fire protection requirements that apply to new LNG facilities and to existing facilities that have been replaced, relocated, or significantly altered. This standard will allow the LNG industry to use the latest technology, materials, and practices while maintaining the current level of safety.
⧫	49 C.F.R. Parts 192 and 195, Pipeline Safety: Underwater Abandoned Pipeline Facilities
	Effective: October 10, 2000 (Docket No. RSPA-97-2094)
	This rule will require the last operator of an abandoned natural gas or hazardous liquid pipeline facility that is located offshore or crosses under, over or through a commercially navigable waterway to submit a report of the abandonment to the Secretary of Transportation.
⧫	49 C.F.R. Parts 192 and 195, Pipeline Safety: Gas and Hazardous Liquid Pipeline Repair
	Effective: January 13, 2000 (Docket No. RSPA-98-4733)
	This rule adopts a safety performance standard for the repair of corroded or damaged steel pipe in gas or hazardous liquid pipelines. The performance standard is likely to encourage technological innovations and reduce repair costs without reducing safety.
⧫	49 C.F.R. Part 199, Pipeline Safety: Notice of Random Drug Testing
	Effective: January 1, 2001 (Docket No. RSPA-97-2995)
	Each year, a minimum percentage of covered pipeline employees must be randomly tested for illegal drugs. The percentage, either 50% or 25%, depends on the positive rate of random testing reported to RSPA in the previous year. In calendar year 2001, the minimum annual percentage rate for random drug testing is 25% of covered employees.
⧫	49 C.F.R. Part 195, Pipeline Safety: Areas Unusually Sensitive to Environmental Damage
	Effective: April 21, 2001 (Docket No. RSPA-99-5455)
	This rule defines drinking water and ecological areas that are unusually sensitive to environmental damage if there is a hazardous liquid pipeline release. This rule does not require specific action by pipeline operators but will be used in other federal regulations.
⧫	49 C.F.R. Part 195: Pipeline Safety: Pipeline Integrity Management in High Consequence Areas (Hazardous Liquid Operators with 500 or More Miles of Pipelines)
	Effective: May 29, 2001 (Docket No. RSPA-99-6355)
	This rule requires operators of hazardous liquid pipelines to assess the integrity of pipelines where failure could impact certain populated and environmentally sensitive areas.

1.	Include "Washington Utilities and Transportation Commission" where "Administrator, Office of Pipeline Safety, Research and Special Programs Administration, or Department of Transportation" appear.
2.	Include "Washington Utilities and Transportation Commission Pipeline Safety Section, at its office at 1300 S. Evergreen Park Drive SW, P.O. Box 47250, Olympia, Washington, 98504-7250," where telephone or addresses appear for the "Information Officer, Information Resources Manager, or Office of Pipeline Safety."

Washington State Code Reviser's Office