Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of this rule making is to establish new oil spill prevention and response standards for facilities and vessels who transfer oil on or over the waters of the state, as mandated by the legislature. This rule making will:

•	Adopt a new regulation (chapter 173-180 WAC) that consolidates four existing facility oil spill prevention rules (chapters 173-180A, 173-180B, 173-180C, and 173-180D WAC), recategorizes facilities into four distinct classes, and adds requirements for prebooming bulk oil transfers, alternative measures to be used when prebooming is not safe and effective, and advanced notice of transfer.
•	Adopt a new regulation (chapter 173-184 WAC) to set standards for delivering vessels for prebooming bulk oil transfers, alternative measures to be used when prebooming is not safe and effective, and advanced notice of transfer.

     The department of ecology intends to repeal chapters 173-180A, 173-180B, 173-180C, and 173-180D WAC at a later date.

     Statutory Authority for Adoption: RCW 88.46.160 and 88.46.165 and chapter 90.56 RCW.

      Adopted under notice filed as WSR 06-12-119 on June 7, 2006.

     Changes Other than Editing from Proposed to Adopted Version: Chapter 173-184 WAC, Vessel oil transfer advance notice and containment requirements, were originally proposed to be incorporated into existing chapter 317-40 WAC. Due to comments received from the United States Coast Guard and a recent Massachusetts federal court decision, ecology decided to focus on advanced notice and oil transfer containment requirements and remove proposed rules that were the subject of concern. Thus chapter 317-40 WAC was not changed, and instead portions of the proposed rule were moved to new chapter 173-184 WAC. For chapter 173-180 WAC, Facility oil handling standards, the following are the major changes: Boom requirements for Rate A transfers was changed from 4 x the largest vessel to 4 x the largest vessel or 2000 feet whichever is less, and the schedule dates for complying with prebooming and alternative compliance were extended. See the concise explanatory statement for chapters 173-180 and 173-184 WAC, section II describe differences between proposed and final rule language for additional information.

     A final cost-benefit analysis is available by contacting Washington State Department of Ecology, Attn: Paul O'Brien, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7390, fax (360) 407-7288, e-mail oiltransferrule@ecy.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 65, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 23, Amended 6, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 66, Amended 1, Repealed 0.

     Date Adopted: September 25, 2006.

Jay J. Manning

Director

OTS-8862.8

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     (1) Using a scaled approach to protect people and the environment;

     (2) Preventing oil spills from occurring and emphasizing that oil spill prevention is the top priority strategy for reaching the legislature's goal of zero spills;

     (3) Providing improved protection of Washington waters and natural resources from the impacts of oil spills caused by operational errors, human errors, improper oil-handling equipment design and operations;

     (4) Minimizing the size and impacts of those oil spills which do occur; and

     (5) Facilitating coordination of local, state, regional, tribal, and other prevention and contingency plans.

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     (1) RCW 88.46.160 and 88.46.165 provide statutory authority for regulating the transfer of oil on or over waters of the state.

     (2) RCW 90.56.220 provides statutory authority for developing operations and design standards and implementing a compliance program established by this chapter.

     (3) RCW 90.56.230 provides statutory authority for operations manual preparation and review requirements established by this chapter.

     (4) RCW 90.56.220 provides statutory authority for the personnel training and certification requirements established by this chapter.

     (5) RCW 90.56.200, 90.56.300 and 90.56.310 provide statutory authority for the prevention plan preparation and review requirements established by this chapter.

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     (2) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration: Processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development; and processes that are currently in use. In determining what best achievable technology is, the director must consider the effectiveness, engineering feasibility, and commercial availability of the technology.

     (3) "Boatyard" means a Class 4 facility which builds, repairs, or refurbishes nonrecreational vessels under three hundred gross tons, regardless of fuel capacity.

     (4) "Boom" means flotation boom or other effective barrier containment material suitable for containment of oil discharged onto the surface of the water.

     (5) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

     (6) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.

     (7) "Certification" means the documentation that a facility employee has met all requirements of an oil transfer training and certification program that meets the requirements of this chapter.

     (8) "Class 1 facility" means a facility as defined in RCW 90.56.010 as:

     (a) Any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

     (b) A Class 1 facility does not include any:

     (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state;

     (ii) Underground storage tank regulated by ecology or a local government under chapter 90.76 RCW;

     (iii) Motor vehicle motor fuel outlet;

     (iv) Facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; or

     (v) Marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

     (9) "Class 2 facility" means a railroad car, motor vehicle, portable device or other rolling stock, while not transporting oil over the highways or rail lines of the state, used to transfer oil to a nonrecreational vessel.

     (10) "Class 3 facility" means a structure that:

     (a) Transfers to a nonrecreational vessel with a capacity of ten thousand five hundred or more gallons of oil whether the vessel's oil capacity is used for fuel, lubrication oil, bilge waste, or slops or other waste oils;

     (b) Does not transfer oil in bulk to or from a tank vessel or pipeline; and

     (c) Does not include any: Boatyard, railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; underground storage tank regulated by ecology or a local government under chapter 90.76 RCW; or a motor vehicle motor fuel outlet; a facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330.

     (11) "Class 4 facility" means a structure that:

     (a) Is a marina, boatyard, marine fueling outlet, and other fueling installations that transfer to a nonrecreational vessel with a capacity to hold less than ten thousand five hundred gallons of oil whether the vessel's oil capacity is used for fuel, lubrication oil, bilge waste, or slops or other waste oil;

     (b) Does not transfer oil in bulk to or from a tank vessel or pipeline; and

     (c) Does not include any: Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; underground storage tank regulated by ecology or a local government under chapter 90.76 RCW; or a motor vehicle motor fuel outlet; or a facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330.

     (12) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

     (13) "Director" means the director of the department of ecology.

     (14) "Directly impact" means without treatment.

     (15) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping regardless of quantity.

     (16) "Ecology" means the department of ecology.

     (17) "Gross ton" means a vessel's approximate volume as defined in Title 46, United States Code of Federal Regulations (CFR), Part 69.

     (18) "Innage" means the difference from the surface of the liquid to the tank bottom.

     (19) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

     (20) "Nonrecreational vessel" means any vessel that is not a recreational vessel as defined in this section.

     (21) "Oil" or "oils" means any naturally occurring liquid hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline, and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 CFR Part 302 adopted August 14, 1989, under section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by P.L. 99-499.

     (22) "Offshore facility" means any class facility, as defined in this section, located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.

     (23) "Onshore facility" means any class facility, as defined in this section, any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

     (24) "Owner or operator" means:

     (a) In the case of a vessel, a person who owns, operates, or charters by demise, a vessel;

     (b) In the case of an onshore or offshore facility, a person who owns or operates this type of facility;

     (c) In the case of an abandoned vessel or abandoned onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment; and

     (d) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

     (25) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

     (26) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.

     (27) "Personnel" means individuals employed by, or under contract with a facility or vessel.

     (28) "Person in charge" or "PIC" means a person qualified and designated as required under 33 CFR 155, for vessels, 33 CFR 154 for Class 1, 2, or 3 facilities, or if not designated, the person with overall responsibility for oil transfer operations.

     (29) "Process pipelines" means a pipeline used to carry oil within the oil refining/processing units of a Class 1 facility, process unit to tankage piping and tankage interconnecting piping. Process pipelines do not include pipelines used to transport oil to or from a tank vessel or transmission pipeline.

     (30) "Public vessel" means a vessel that is owned, or demise chartered, and is operated by the United States government, or a government of a foreign country, and is not engaged in commercial service.

     (31) "Recreational vessel" means a vessel owned and operated only for pleasure with no monetary gain involved, and if leased, rented, or chartered to another for recreational use, is not used for monetary gain. This definition applies to vessels such as house boats, ski boats, and other small craft on a rental or lease agreement.

     (32) "Secondary containment" means containment systems, which prevent the discharge of oil from reaching the waters of the state.

     (33) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

     (34) "Spill" means an unauthorized discharge of oil into the waters of the state.

     (35) "State" means the state of Washington.

     (36) "Storage tank" means all aboveground containers connected to transfer pipelines or any aboveground containers greater than ten thousand gallons (two hundred thirty-eight barrels), including storage and surge tanks, used to store bulk quantities of oil. Storage tanks do not include those tanks regulated by chapter 90.76 RCW, rolling stock, wastewater treatment equipment, process pressurized vessels or other tanks used in the process flow through portions of the facility.

     (37) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

     (a) Operates on the waters of the state; or

     (b) Transfers oil in a port or place subject to the jurisdiction of this state.

     (38) "Transmission pipeline" means an interstate or intrastate pipeline subject to regulation by the United States Department of Transportation under 49 CFR 195 in effect on the effective date of this section, through which oil moves in transportation, including line pipes, valves, and other appurtenances connected to line pipe, pumping units, and fabricated assemblies associated with pumping units.

     (39) "Transfer" means any movement of oil in bulk to or from a nonrecreational vessel or transmission pipeline.

     (40) "Transfer pipeline" is a buried or aboveground pipeline used to carry oil to or from a tank vessel or transmission pipeline, or to a vessel and the first valve inside secondary containment at the facility provided that any discharge on the facility side of that first valve will not directly impact waters of the state. A transfer pipeline includes valves, and other appurtenances connected to the pipeline, pumping units, and fabricated assemblies associated with pumping units. A transfer pipeline does not include process pipelines, pipelines carrying ballast or bilge water, transmission pipelines, tank vessel or storage tanks. Instances where the transfer pipeline is not well defined will be determined on a case-by-case basis by ecology.

     (41) "Topping off" means the receipt of oil into the last ten percent of available tank capacity in any tank.

     (42) "Ullage" means the depth of space above the free surface of the liquid to the reference datum of that tank.

     (43) "Waters of the state" include lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and land adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

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     (2) The following Code of Federal Regulations (CFR) in effect on the effective date of this chapter are incorporated by reference:

     (a) 33 CFR 156.120, 33 CFR 156.150, 33 CFR 156.170;

     (b) 33 CFR 154.300, 154.310, 154.570, 154.710, 154.1050, 154.1055, and Subpart F;

     (c) 40 CFR 112; and

     (d) 49 CFR 195.

     (3) All federal regulations incorporated in this chapter are available through the National Archive and Records Administration web site located here: http://www.gpoaccess.gov/cfr/index.html

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     (2) To ensure compliance with this chapter, ecology may ask for the following during inspections and the facility is required to:

     (a) Provide proof of compliance by producing all required records and documents;

     (b) Provide proof of compliance of the ability to meet the spill prevention equipment and procedures of this chapter;

     (c) Provide proof of compliance of the ability to meet the transfer containment and recovery standards in WAC 173-180-221 and 173-180-222; and

     (d) Provide proof of training and certification, if applicable.

     (3) Ecology will provide an inspection report to the facility at the conclusion of the inspection.

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     (a) Preload plans and declaration of inspection (DOI) kept for at least thirty days from date of the oil transfer operation.

     (b) The design, construction, and repair records for storage tanks, pipelines, and all oil transfer equipment testing and repair records kept for the life of the equipment. Inspection, maintenance, and repair records for pumps, valves, manifolds, and other ancillary equipment used in oil transfers must be kept for ten years.

     (c) Oil transfer personnel training and certification records for Class 1 and 2 facilities kept for five years from the date the persons were certified.

     (2) All records required in this chapter must be available to ecology for photocopying upon request.

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     (2) Ecology may coordinate with the Coast Guard to:

     (a) Issue an administrative order that may require immediate suspension of oil transfers;

     (b) Specify each condition requiring immediate action to eliminate the condition; and

     (c) Notify the PICs that oil transfers may resume once ecology is satisfied the threat is no longer substantial.

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     (a) Observed or spilled into the water or on the shoreline adjoining the transfer area;

     (b) Discharged into oil spill containment or on the vessel deck.

     (2) The facility PIC must make notifications as required in RCW 90.56.280.

     (3) The facility PIC may resume an oil transfer once the following conditions are met:

     (a) The source of the spill is controlled, contained, and a proper response is underway;

     (b) The PICs must agree there is no further threat of a spill.

     (4) After a spill to water, the facility PIC may resume a transfer if:

     (a) The conditions in subsection (3) of this section are met; and

     (b) Approval is received from the state on-scene coordinator in conjunction with the federal on-scene coordinator.

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     (2) The owner or operator of a Class 1, 2, or 3 facility must maintain records such as maintenance records or payroll records demonstrating compliance with work hour restrictions.

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     A designated PIC must supervise all oil transfer operations.

     (2) All Class 1 and 2 facility personnel designated as a PIC must have completed a training and certification program established by the operator and approved under Part E of this chapter.

     (3) All personnel assigned responsibilities related to an oil transfer operation must be qualified to perform those duties as required by federal law or rule, or both.

     (4) Each PIC must carry or have readily available evidence of designation as a PIC when engaged in an oil transfer operation.

     (5) All Class 1 and 2 personnel involved in a transfer must carry or have readily available evidence of completion of the facility's training and certification program.

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     (a) Rate A deliverers may only submit an equivalent compliance plan proposal for alternative measures found in WAC 173-180-221(7).

     (b) Rate B deliverers may only submit an equivalent compliance plan proposal for alternative measures found in WAC 173-180-222(2).

     (2) The proposal must contain the following and in the order presented:

     (a) Cover sheet with name of company seeking equivalent compliance and point of contact information;

     (b) Table of contents including supporting documents and appendices;

     (c) Executive summary of the equivalent proposal;

     (d) A detailed description of the equivalent proposal that includes, when appropriate, the equipment, personnel, operating procedures, and maintenance systems and any other alternatives that are being proposed;

     (e) A detailed analysis of how the proposal offers equivalent or greater level of protection as compared to the requirements in this chapter. This includes:

     (i) Methodology of the analysis;

     (ii) Detailed results with supporting data, references, graphs, tables, pictures, and other relevant information;

     (iii) Technical feasibility of proposal versus current requirements.

     (3) Submission timeline of proposed equivalent compliance plan: The facility must submit the equivalent compliance proposal to ecology at least one hundred twenty calendar days before planned operation under the section.

     (a) Ecology will make the proposal available for a thirty-calendar-day public review and comment period.

     (b) Ecology may request additional information regarding any aspect of the proposal such as site-specific meteorological, water current velocity, and other monitoring data to support the proposal.

     (c) Ecology will respond to the facility within ninety calendar days of receipt of the equivalent compliance proposal with a letter approving, conditionally approving, or disapproving the proposal.

     (d) The approval will be valid for no more than five years from the date on the approval letter.

     (4) Approval of proposed equivalent compliance plan: Ecology may approve the equivalent compliance proposal if, based upon the documents submitted and other information available to the agency, it finds that:

     (a) The equivalent compliance proposal is complete and accurate; and

     (b) The equivalent compliance proposal would provide an equivalent or greater level of environmental protection as the alternative measures required in WAC 173-180-221 and 173-180-222.

     (5) Ecology may reconsider an approval, or conditional approval, at any time after a response to a significant oil spill by the company.

     (6) The owner or operator must submit one paper copy and one electronic copy of the proposal to ecology.

     The Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Equivalent Compliance Review

     P.O. Box 47600

     Olympia, WA 98504-7600

     Or

     The Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Equivalent Compliance Review

     300 Desmond Drive

     Lacey, WA 98503

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     (2) Requirements for Class 1, 2, and 3 facilities are found in WAC 173-180-205 and 173-180-215 through 173-180-250.

     (3) Requirements for Class 4 facilities are found in WAC 173-180-205 and 173-180-210.

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     (a) Hoses or piping must be supported so as to avoid crushing or excessive strain. Flanges, joints, hoses, and piping must be visually checked prior to the transfer for cracks and signs of leakage.

     (b) All hoses and loading arms are long enough to allow the vessel to move to the limits of its moorings without placing strain on any component of the oil transfer equipment.

     (c) Each hose must have no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of oil or hazardous material through the hose material and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement ("reinforcement" means the strength members of the hose, consisting of fabric, cord and/or metal).

     (d) Hoses or piping must not be permitted to chafe on the dock or vessel or be in contact with any source that might affect the integrity of the hoses.

     (e) Hose ends must be blanked tightly when hoses are moved into position for connection, also immediately after they are disconnected, and residue drained either into the vessel tanks or into suitable shore receptacles before they are moved away from their connections.

     (2) Testing of all oil transfer equipment, including, but not limited to, pumps, valves, piping, manifolds, connections, and hoses, must be done annually, and must be conducted by using one of the following methods:

     (a) In accordance with manufacturers' recommendations and industrial standards; or

     (b) Procedures identified in 33 CFR 156.170.

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     Response and recovery equipment maintained in a standby condition and available to the receiving vessel:

     (a) Sufficient and appropriate boom of no less than two hundred feet available in the standby position;

     (b) Oil spill sorbent materials appropriate for use in water and on land;

     (c) Nonsparking hand scoops, shovels, and buckets;

     (d) Containers suitable for holding the recovered oil and oily water; and

     (e) Protective clothing and other appropriate personal protective gear necessary to safely respond to oil spills.

     (2) Trained personnel: The owner or operator of each Class 4 facility must:

     (a) Provide annual training for employees involved in an oil transfer operation, that at a minimum includes:

     (i) Dangers and safe practices regarding the petroleum products transferred at that location;

     (ii) Safe and effective use and handling of response and recovery equipment; and

     (iii) Spill notification procedures;

     (b) Train all employees with oil transfer duties within ninety calendar days of the date of hire. No employee may be in charge of an oil transfer operation at the Class 4 facility without proper training;

     (c) Keep a record of oil transfer training at the facility and make the record available to ecology upon request.

     (3) Spill notification information: The owner or operator of each Class 4 facility must provide spill notification information on a wallet-sized card for each employee and posted at the dock for fueling customers. The notification information must include:

     (a) Required notifications in RCW 90.56.280;

     (b) A phone number for a spill response contractor; and

     (c) If the Class 4 facility is not always staffed, a twenty-four-hour phone number where someone designated by the owner or operator of the facility can be reached to start the spill response. The contact phone number must be posted on the dock or transfer location in a location that is easy to see.

     (4) The owner or operator of each Class 4 facility must ensure all oil transfer equipment is properly inspected and maintained in accordance with WAC 173-180-205.

     (5) Class 4 facilities, also known as marine fueling outlets, that are transferring less than three thousand gallons of oil in a single transaction, are exempt from advance notice requirements for oil transfer operations as described in RCW 88.46.165.

     (6) Semiannual reporting: Class 4 facilities must report all bulk oil transfers conducted at the facility.

     (a) The report must include types of oil transferred and total volume of transfers by oil type.

     (b) The facility must submit the report to ecology by January 15 and July 15 of each year.

     (c) The facility must submit the report either by e-mail or by U.S. mail to the following address:

     E-mail: oiltransfernotifications@ecy.wa.gov

     U.S. mail:

     Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     P.O. Box 47600

     Olympia, WA 98504-7600

     (7) Compliance schedule: Class 4 facilities must implement the requirements in subsections (1) and (2) of this section within one hundred twenty calendar days from the effective date of this chapter. Class 4 facilities must implement the remaining requirements on the effective date of this chapter.

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     (2) The notice of transfer must be submitted to ecology on the "Advanced Notice of Transfer" form provided by ecology or a facsimile, and must contain the following information in the order provided:

     (a) Company name, address, contact person and telephone number of organization delivering the oil;

     (b) Date of transfer operation, estimated starting time, and duration of the oil transfer operation;

     (c) Name of delivering facility and receiving vessel involved in the oil transfer and the vessel's Lloyds Registry/International Maritime Organization (LR/IMO) number or official number if available;

     (d) City name and either the address or location/anchorage where the oil transfer operation will occur;

     (e) Oil product type and quantity in gallons or barrels; and

     (f) Whether or not prebooming will take place? (yes or no).

     (3) Notification may be made by the deliverer's agent or other contracted representative.

     (4) The notification form may be submitted via internet web site that ecology established, by e-mail, or by facsimile. The notification form and contact information is found on ecology's web site: http://www.ecy.wa.gov/programs/spills/spills.html

     (5) Compliance schedule: All Class 1, 2, and 3 facilities must begin submitting advance notice within thirty calendar days of the effective date of this chapter.

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     (2) The deliverer must first determine the rate at which oil is to be transferred and then follow the applicable standards outlined in this chapter:

     (a) Rate A means oil transfer operations at a rate over five hundred gallons per minute. Rate A requirements are found in WAC 173-180-221.

     (b) Rate B means oil transfer operations at a rate of five hundred gallons per minute or less. Rate B requirements are found in WAC 173-180-222.

     (3) To meet the requirements of this chapter, the deliverer must have personnel trained in the proper use and maintenance of boom and recovery equipment.

     (4) All boom and associated equipment, including the equipment used to deploy the boom, must be of the appropriate size and design for the environmental conditions encountered in the transfer area(s) based on the manufacturers' specifications.

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     (1) The Rate A deliverer must preboom oil transfers when it is safe and effective to do so. When prebooming is not safe and effective, the deliverer must meet the alternative measure requirements found in subsection (7) of this section.

     (2) The determination of safe and effective must be made prior to starting a transfer or, if conditions change during a transfer. To make this determination, the deliverer must use the safe and effective threshold values found in their operations manual. Safe and effective threshold values are determined using the safe and effective threshold determination report - see WAC 173-180-224.

     (3) When it is not safe and effective, or when conditions develop during a preboomed transfer that require removal of the boom, the Rate A deliverer must report this finding to ecology and meet the alternative measures found in subsection (7) of this section. The Ecology Boom Reporting Form must be used for this purpose, and submitted by e-mail or facsimile prior to the transfer and/or immediately when conditions have changed.

     (4) If multiple oil transfers are occurring simultaneously with a single vessel, and one product transferred is not appropriate to preboom, then that portion of the transfer where it is unsuitable to preboom must use the alternative measures found in subsection (7) of this section.

     (5) For the purposes of this section, the deliverer must be able to quickly disconnect all boom in the event of an emergency.

     (6) Rate A prebooming requirements.

     (a) In order to preboom transfers, the deliverer must have, prior to the transfer, access to boom four times the length of the largest vessel involved in the transfer or two thousand feet, whichever is less.

     The deliverer must deploy the boom such that it completely surrounds the vessel(s) and facility/terminal dock area directly involved in the oil transfer operation, or the deliverer may preboom the portion of the vessel and transfer area which will provide for maximum containment of any oil spilled into the water.

     (i) The boom must be deployed with a minimum stand-off of five feet away from the sides of a vessel, measured at the waterline. This stand-off may be modified for short durations needed to meet a facility or ship's operational needs.

     (ii) The deliverer must periodically check the boom positioning and adjust as necessary throughout the duration of the transfer and specifically during tidal changes and significant wind or wave events.

     (b) In addition to prebooming, the deliverer must have the following recovery equipment available on-site:

     (i) Containers suitable for holding the recovered oil and oily water;

     (ii) Nonsparking hand scoops, shovels, and buckets; and

     (iii) Enough sorbent materials and storage capacity for a seven barrel oil spill appropriate for use on water or land.

     (c) For preboomed transfers, within one hour of being made aware of a spill, the deliverer must be able to complete deployment of the remaining boom, should it be necessary for containment, protection, or recovery purposes.

     (7) Rate A alternative measures. Rate A deliverers must use these alternative measures when it is not safe and effective to meet the prebooming requirements.

     (a) To meet the alternative measures requirements the deliverer must have access to boom four times the length of the largest vessel involved in the transfer, or two thousand feet, whichever is less.

     (b) In addition to the boom, the deliverer must have the following available on-site:

     (i) Containers suitable for holding the recovered oil and oily water;

     (ii) Nonsparking hand scoops, shovels, and buckets; and

     (iii) Enough sorbent materials and storage capacity for a seven barrel oil spill appropriate for use on water or land.

     (c) The deliverer must have the ability to safely track the spill in low visibility conditions. The tracking system must be on-scene within thirty minutes of being made aware of a spill.

     (d) For alternative measures: Within one hour of being made aware of a spill, the deliverer must be able to completely surround the vessel(s) and facility/terminal dock area directly involved in the oil transfer operation, or the deliverer may preboom the portion of the vessel and transfer area which will provide for maximum containment of any oil spilled into the water.

     (e) For alternative measures: Within two hours of being made aware of a spill, the deliverer must have the following:

     (i) Additional boom four times the length of the largest vessel involved in the transfer, or two thousand feet, whichever is less, available for containment, protection, or recovery; and

     (ii) A skimming system must be on-site. The skimming system must be in stand-by status and be capable of fifty barrels recovery and one hundred barrels of storage.

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     (a) Prior to starting the oil transfer operation, the deliverer must deploy boom so that it completely surrounds the vessel(s) and facility/terminal dock area directly involved in the oil transfer operation, or the deliverer may preboom the portion of the vessel and transfer area which will provide for maximum containment of any oil spilled into the water.

     (i) The deliverer must deploy the boom with a minimum stand-off of five feet away from the sides of a vessel, measured at the waterline. This stand-off may be modified for short durations needed to meet a facility or ship's operational needs;

     (ii) The deliverer must periodically check boom positioning and adjust the boom as necessary throughout the duration of the transfer and specifically during tidal changes and significant wind or wave events;

     (b) In addition, the deliverer must have the following recovery equipment available on-site:

     (i) Containers suitable for holding the recovered oil and oily water;

     (ii) Nonsparking hand scoops, shovels, and buckets; and

     (iii) Enough sorbent materials and storage capacity for a two barrel oil spill appropriate for use on water or land.

     (c) For prebooming: Within one hour of being made aware of a spill, the deliverer must be able to completely deploy an additional five hundred feet of boom. This boom may be used for containment, recovery, or protection.

     (2) Rate B alternative measures requirements. If a Rate B chooses alternative measures, then:

     (a) Prior to starting the oil transfer operation, the deliverer must have access to boom sufficient to completely surround the vessel(s) and facility/terminal dock area directly involved in the oil transfer operation, or the deliverer may preboom the portion of the vessel and transfer area which will provide for maximum containment of any oil spilled into the water.

     (b) In addition, the deliverer must have the following recovery equipment available on-site:

     (i) Containers suitable for holding the recovered oil and oily water;

     (ii) Nonsparking hand scoops, shovels, and buckets; and

     (iii) Enough sorbent materials and storage capacity for a two barrel oil spill appropriate for use on water or land.

     (c) For alternative measures: Within one hour of being made aware of a spill, the deliverer must be able to complete deployment of an additional five hundred feet of boom for containment, protection or recovery.

     (d) For alternative measures: Within two hours of being made aware of a spill, the deliverer must have an additional five hundred feet of boom available on-scene for containment, protection, or recovery.

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     (2) Any class facility conducting Rate B transfers must meet all the requirements of WAC 173-180-220 and 173-180-222 within one hundred twenty calendar days from the effective date of this chapter.

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     (a) Cover sheet with name of company submitting the report and point of contact.

     (b) Table of contents including supporting documents and appendices.

     (c) Summary of safe and effective threshold values.

     (d) The body of the report must include the following:

     (i) The information used to support these values which must be based upon on-site environmental monitoring data recorded at specific times, dates, and locations.

     (ii) These values and the supporting data must address, at a minimum, the following site specific information:

     (A) Personnel safety;

     (B) Sea state values in feet including typical wave periods;

     (C) Water current velocity such as peak currents, sustained currents in hourly increments, and direction of flow, during typical oil transfer operations;

     (D) Wind speed in knots, and prevailing directions;

     (E) Other conditions such as vessel traffic, fishing activities, and other factors that influence the oil transfer operation.

     (iii) The facility must provide a detailed analysis of the proposed threshold values for the transfer location including:

     (A) Methodology of the analysis;

     (B) Equipment used to measure data collected;

     (C) Supporting data, references, graphs, tables, pictures, and other relevant information.

     (2) Submittal requirements. Rate A deliverers must submit a safe and effective threshold determination report to ecology for review and approval for each location at which a Rate A transfer occurs. One paper and one electronic copy of the safe and effective threshold determination report must be delivered to:

     The Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Safe and Effective Threshold Determination Report

     P.O. Box 47600

     Olympia, WA 98504-7600

     Or

     The Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Safe and Effective Threshold Determination Report

     300 Desmond Drive

     Lacey, WA 98503

     (3) Review and approval process.

     (a) When reviewing threshold determination reports, ecology must consider the following:

     (i) Personnel safety;

     (ii) Operating environment of the transfer location(s) such as site specific meteorological, water current velocity, and other monitoring data to support the threshold values determination;

     (iii) Accepted industry standards regarding the performance of boom and associated response equipment in various operating environments;

     (iv) Types of oil transfer operations including bunkering, cargo operations, transfer rates, and other factors that influence oil transfers.

     (b) Ecology will make the report available for a thirty calendar day public review and comment period.

     (c) Ecology will respond to the facility within ninety calendar days of receipt of the report with a letter approving, conditionally approving, or disapproving the report.

     (d) The approval of this report will be valid for no more than five years from the date on the approval letter.

     (e) Ecology may require a new review and approval process for this report after a spill by the facility.

     (4) Compliance and submittal schedule.

     (a) The safe and effective threshold determination report must be submitted one hundred eighty calendar days after the effective date of this chapter.

     (b) For facilities starting operation after the effective date of this chapter, the report must be submitted at least one hundred twenty calendar days prior to the first oil transfer operation.

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     (1) The access must be secured both top and bottom to prevent movement of the access platform.

     (2) The entire ladder and the portion of the facility and ship's deck where access is provided must be illuminated during low light or low visibility situations and without glare to the persons using the access.

     (3) In the event weather conditions make the access unsafe, the PICs may elect to use radio communication.

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     (1) Identification, location and capacity of the vessel's tanks receiving oil;

     (2) Level and type of liquid in all bunker or cargo oil tanks prior to the oil transfer;

     (3) Final ullage or innage, and percent of each tank to be filled;

     (4) Sequence in which the tanks are to be filled; and

     (5) The facility or vessel's procedures to regularly monitor all receiving tank levels and valve alignments during the transfer operation.

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     (2) The PICs must discuss and agree upon:

     (a) The preloading or cargo plan;

     (b) The contents of the declaration of inspection (DOI) required under 33 CFR 156.150;

     (c) Procedures for communicating soundings, changing over tanks, and beginning topping off;

     (d) Shift change procedures;

     (e) Emergency shutdown procedures and identify all means to shut down the oil transfer operation in an emergency; and

     (f) Expected weather and/or sea conditions and threshold values for weather and sea conditions above which oil transfer operations must cease.

     (3) During a pretransfer conference that involves a covered vessel, the point-of-transfer watch and deck-rover watch must be identified to PICs.

     (4) An oil transfer operation will not begin unless a person proficient in both English and a language common to the vessel's officers and crew is present at the pretransfer conference.

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     (2) The facility PIC must ensure at least the following are available for use during the oil transfer operation:

     (a) Two portable communication devices that are intrinsically safe; and

     (b) An air horn for emergency signals.

     (3) The PICs must ensure personnel involved in the oil transfer operation know and use English phrases and hand signals to communicate the following instructions during the oil transfer: "Stop," "hold," "wait," "fast," "slow," and "finish."

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     (1) All oil transfer operations must be conducted in accordance with the facility's approved operations manual.

     (2) Ensure that transfer connections have been made according to the operations manual:

     (a) Use appropriate material in joints and couplings to ensure a leak-free seal;

     (b) Use either:

     (i) A bolted or full threaded connection; or

     (ii) A quick-connected coupling with a means of securing the coupling to prevent accidental release.

     (c) Use a new compressible gasket appropriate for the product and transfer pressure;

     (d) Use a bolt in every available hole;

     (e) Use bolts of the correct size in each bolted connection;

     (f) Ensure that each bolt is properly torqued to distribute the load to ensure a leak-free seal;

     (g) Do not use any bolt that shows signs of strain or is elongated or deteriorated.

     (3) Have the means to contain and recover any drips from connections within the oil transfer system.

     (4) Deliverers providing oil to vessels without fixed containment must use automatic back pressure shutoff nozzles and also provide enough portable containment for each tank vent on the vessel.

     (5) Conduct a pretransfer conference as defined in WAC 173-180-235.

     (6) Ensure that the available capacity in the receiving tank(s) is (are) greater than the volume of oil to be transferred and all other valves which could influence the routing of the transferred oil are properly aligned.

     (7) The PICs must verify at the start of the transfer that the tanks designated in the preload or cargo transfer plan are receiving oil at the expected rate.

     (8) Each PIC must ensure that the means of operating the emergency shutdown system is immediately available while oil is transferred between the deliverer and receiver.

     (9) A PIC must refuse to initiate or must cease transfer operations with any vessel which:

     (a) Has not provided complete information as required by the DOI;

     (b) Has refused to correct deficiencies identified by the PIC during the pretransfer conference; or

     (c) Does not comply with the operations manual or does not respond to concerns identified by the PIC.

     (10) When a PIC shift change occurs the departing PIC must:

     (a) Discuss the preload plan and transfer rate with the arriving PIC;

     (b) Notify the PIC at the other side of the transfer that a shift change is taking place; and

     (c) Ensure the relieving PIC reads and signs the DOI.

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     (2) The emergency shutdown must be located at the PICs usual operating station and at the dock manifold if not the same location.

     (3) For oil transfers, the emergency shutdown must stop the flow:

     (a) Within sixty seconds for any facility or portion of the facility that started transferring oil on or before November 1, 1980.

     (b) Within thirty seconds for any facility or portion of the facility that transfers oil after November 1, 1980.

     (4) Both PICs must be capable of ordering or activating an emergency shutdown.

     (5) If a PIC orders an emergency shutdown, the shutdown must be activated immediately.

     (6) To meet the requirements of subsection (3) of this section, the emergency shutdown must be either of the following:

     (a) An electrical, pneumatic, or mechanical linkage to the facility; or

     (b) An electronic voice communications system continuously operated by a person on the facility who can stop the flow of oil.

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     (a) "Appropriate person" means a person designated by the facility as being competent and trained to implement a designated function.

     (b) "Pipeline operator" means the operator of a transmission pipeline.

     (2) General requirements. No person may conduct an oil transfer operation to or from a transmission pipeline unless the appropriate person and the pipeline operator have conducted pretransfer communications which identify:

     (a) Type of oil;

     (b) Transfer volume;

     (c) Flow rates;

     (d) Transfer startup or arrival time.

     (3) Class 1 facilities which receive oil from a transmission pipeline must:

     (a) Confirm that the proper manifold and valves are open and ready to receive product;

     (b) Notify the transmission pipeline operator when a storage tank has less than one foot of oil above the inlet nozzle;

     (c) Coordinate arrival time of oil with the pipeline operator;

     (d) Confirm the available storage capacity for transfers to a facility;

     (e) Ensure that only the designated tank(s) is (are) receiving oil;

     (f) Ensure that proper transfer alignment of the pipeline, valves, manifolds and storage tanks have been made;

     (g) Establish adequate communication in English between the facility and pipeline operator;

     (h) For the purpose of scheduling inspections, ecology may require a twenty-four-hour notification to ecology in advance of any transfer of bulk oil by a facility operator. Ecology must request notification in writing when this procedure is required;

     (i) Transfer operations must be supervised by an appropriate person;

     (j) Each facility operator must ensure that the means of operating or requesting emergency shutdown is immediately available while oil is being transferred between the facility and the pipeline;

     (k) If startup, shutdown, and/or emergency shutdown are controlled by the pipeline operator directly using instrumentation and control devices, the accuracy of these devices must be checked at least annually; and

     (l) All transfer operations must be conducted in accordance with operations manuals approved under this chapter.

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     (a) Designed, constructed, maintained and operated to prevent discharged oil from entering waters of the state at any time during use of the tank system;

     (b) Capable of containing one hundred percent of the capacity of the largest storage tank within the secondary containment area;

     (c) Constructed with materials that are compatible with stored material to be placed in the tank system;

     (d) Soil may be used for the secondary containment system, provided that any spill onto the soil will be sufficiently contained, readily recoverable and will be managed in accordance with the provisions under WAC 173-303-145 spills and discharges and any other applicable regulation;

     (e) Constructed with sufficient strength and thickness to prevent failure owing to pressure gradients (including static head and external hydrological forces), physical contact with the fluid stored in the storage tank, climatic conditions, and the stresses of daily operations (including stresses from nearby vehicular traffic);

     (f) Placed on a base or foundation capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system, and capable of preventing failure due to settlement, compression or uplift;

     (g) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked oil and accumulated precipitation must be removed from the secondary containment system in a manner which will provide the best achievable protection of public health and the environment; and

     (h) Visually inspected monthly to confirm secondary containment integrity. Items requiring attention as determined by the visual inspection must be documented. Records must be kept on-site for a minimum of three years.

     (2) The secondary containment system must be maintained to prevent a breach of the dike by controlling burrowing animals and weeds.

     (3) The secondary containment system must be maintained free of debris and other materials which may interfere with the effectiveness of the system, including excessive accumulated precipitation.

     (4) The facility must maintain at least one hundred percent of the working capacity of the largest storage tank within the secondary containment area at all times.

     (5) All secondary containment pumps, siphons and valves must be properly maintained and kept in good working order.

     (6) Drainage of water accumulations from secondary containment areas that discharge directly to the land or waters of the state must be controlled by locally operated, positive shutoff valves or other positive means to prevent a discharge. Valves must be kept closed except when the discharge from the containment system is in compliance with chapter 90.48 RCW, Water pollution control. Valves must be locked closed when the facility is unattended. Necessary measures must be taken to ensure secondary containment valves are protected from inadvertent opening or vandalism. There must be some means of readily determining valve status by facility personnel such as a rising stem valve or position indicator.

     (7) The owner or operator must inspect or monitor accumulated water before discharging from secondary containment to ensure that no oil will be discharged to the waters of the state. All water discharges must comply with state water quality program regulations as described in chapter 90.48 RCW.

     (8) Ecology may require oil containers less than ten thousand gallons (two hundred thirty-eight barrels) capacity to have secondary containment when the container is located less than six hundred feet from navigable waters of the state or a storm water or surface drains which may impact navigable waters of the state.

     (9) A secondary containment system constructed after the adoption date of this rule must be installed as follows:

     (a) In accordance with the 1993 version of the National Fire Protection Association (NFPA), Flammable and Combustible Code, No. 30, section 2-3.4.3;

     (b) Secondary containment systems must be capable of containing one hundred percent of the capacity of the largest storage tank within the secondary containment area;

     (c) Secondary containment systems must be designed to withstand seismic forces;

     (d) Drains and other penetrations through secondary containment areas must be minimized consistent with facility operational requirements; and

     (e) Secondary containment systems must be designed and constructed in accordance with sound engineering practice and in conformance with the provisions of this section.

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     (a) UL No. 142, Steel Aboveground Tanks for Flammable and Combustible Liquids dated April 1993;

     (b) API Standard 650, Welded Steel Tanks for Oil Storage dated November 1988;

     (c) API Standard 620, Design and Construction of Large Welded, Low-Pressure Tanks dated June 1990; or

     (d) Another standard approved by ecology.

     (2) The owner or operator must ensure that the means of preventing storage tank overfill comply with the 1993 version of the National Fire Protection Association (NFPA), Flammable and Combustible Code, No. 30, Chapter 2, Section 2-10.

     (3) Storage tanks must be maintained, repaired and inspected in accordance with the requirements of API 653 dated January 1991, unless the operator proposes an equivalent inspection strategy which is approved by ecology.

     (4) A record of all inspection results and corrective actions taken must be kept for the service life of the tank and must be available to ecology for inspection and copying upon request.

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     (2) All pipelines must be protected from third party damage in a reasonable manner and be able to withstand external forces exerted upon them. This must be done by:

     (a) Registering all underground pipelines located in public right of way areas in the local one call system if available;

     (b) Maintaining accurate maps for all underground piping located outside the facility. The maps must identify pipe size and location. The approximate depths of pipelines must be identified for pipelines which do not comply with 49 CFR 195.248 as amended on October 8, 1991;

     (c) Marking all piping located in areas not controlled by the facility in accordance with 49 CFR 195.410 as amended on October 8, 1991;

     (d) Providing easement inspections of areas identified by (b) of this subsection on a weekly basis to determine if there is any uncommon activity occurring which may affect the integrity of the pipeline;

     (e) Ensuring that pipelines at each railroad, highway or road crossing are designed and installed to adequately withstand the dynamic forces exerted by anticipated traffic loads.

     (3) Pipelines constructed after the adoption date of this section must be designed and constructed in accordance with the American Society of Mechanical Engineers (ASME) Standard for pressure piping ASME B31.3 or B31.4 issued March 15, 1993, in effect during the time of construction or any other standard accepted by ecology.

     (4) Pipelines must be inspected in accordance with API 570, 1993, Piping Inspection Code. As an alternative to complying with API 570, the facility must comply with the following requirement: Buried pipelines constructed after the adoption date of this rule must be coated. Coatings must be designed and inspected to meet the following conditions consistent with the definition of best achievable protection:

     (a) Coatings must effectively electrically isolate the external surfaces of the pipeline system from the environment.

     (b) Coatings must have sufficient adhesion to effectively resist underfilm migration of moisture.

     (c) Coatings must be sufficiently ductile to resist cracking.

     (d) The coating must have sufficient impact and abrasion resistance or otherwise be protected to resist damage due to soil stress and normal handling (including concrete coating application, installation of river weights and anode bracelet installation, where applicable).

     (e) The coating must be compatible with cathodic protection.

     (f) The coating must be compatible with the operating temperature of the pipeline.

     (g) Coatings must be inspected immediately before, during, or after pipe installation to detect coating faults. Faults in the coating must be repaired and reinspected.

     (5) All buried coated pipelines must have properly operated cathodic protection which is maintained during the operational life of the pipeline system. Cathodic protection must be maintained on pipeline systems which are out-of-service but not abandoned unless the operator can show that the pipeline integrity has been properly monitored and secured as approved by ecology prior to operation of the abandoned pipeline. Pipeline owners or operators may perform a corrosion study to demonstrate that cathodic protection is not required as an option to installing cathodic protection. Corrosion studies must follow the following guidelines as a minimum:

     (a) Corrosion studies must be completed by a professional engineer with experience in corrosion control of buried pipelines, a NACE certified corrosion specialist or by a person knowledgeable and qualified to perform the required testing and inspection who is approved by ecology.

     (b) Corrosion studies for pipelines must include at a minimum, the following:

     (i) Pipeline thickness and corrosion rate for existing pipelines;

     (ii) Presence of stray DC currents;

     (iii) Soil resistivity/conductivity;

     (iv) Soil moisture content;

     (v) Soil pH;

     (vi) Chloride ion concentration; and

     (vii) Sulfide ion concentration.

     (6) All pipelines with cathodic protection are subject to the following requirements where applicable:

     (a) Cathodic protection systems must be tested to determine system adequacy on an annual basis.

     (b) Impressed current cathodic protection rectifiers must be inspected every two months.

     (c) Where insulating devices are installed to provide electrical isolation of pipeline systems to facilitate the application of corrosion control, they must be properly rated for temperature, pressure and electrical properties, and must be resistant to the commodity carried in the pipeline system.

     (d) Buried pipeline systems must be installed so that they are not in electrical contact with any metallic structures. This requirement must not preclude the use of electrical bonding to facilitate the application of cathodic protection.

     (e) Tests must be carried out to determine the presence of stray currents. Where stray currents are present, measures must be taken to mitigate detrimental effects.

     (7) Buried bare pipelines must be inspected in accordance with section 7 of API 570 dated June 1993. Pipeline thickness and corrosion rates must be determined at an interval of no more than half of the remaining life of the pipeline as determined from corrosion rates or every five years whichever is more frequent. Pipeline thickness and corrosion rate must be initially established within thirty-six months after the adoption date of this section. The pipeline must be operated in accordance with American Society of Mechanical Engineers (ASME) supplement to ASME B31G-1991 entitled Manual for Determining the Remaining Strength of Corroded Pipe for transmission pipelines issued June 27, 1991, API 570 dated June 1993 or a standard approved by ecology.

     (8) Whenever any buried pipe is exposed for any reason, the operator must provide a nondestructive examination of the pipe for evidence of external corrosion. If the operator finds that there is active corrosion, the extent of that corrosion must be determined and if necessary repaired.

     (9) Each facility must maintain all pumps and valves that could affect waters of the state in the event of a failure. Transfer pipeline pumps and valves and storage tank valves must be inspected annually and maintained in accordance with the manufacturers' recommendations or an industrial standard approved by ecology to ensure that they are functioning properly. Valves must be locked when the facility is not attended. Necessary measures must be taken to ensure that valves are protected from inadvertent opening or vandalism if located outside the facility or at an unattended facility.

     (10) A written record must be kept of all inspections and tests covered by this section.

     (11) Facilities must have the capability of detecting a transfer pipeline leak equal to eight percent of the maximum design flow rate within fifteen minutes for transfer pipelines connected to tank vessels. Leak detection capability must be determined by the facility using best engineering judgment. Deficiencies with leak detection systems such as false alarms must be addressed and accounted for by the facility. Facilities may meet these requirements by:

     (a) Visual inspection provided the entire pipeline is visible and inspected every fifteen minutes; or

     (b) Instrumentation; or

     (c) Completely containing the entire circumference of the pipeline provided that a leak can be detected within fifteen minutes; or

     (d) Conducting an acceptable hydrotest of the pipeline immediately before the oil transfer with visual surveillance of the exposed pipeline every fifteen minutes; or

     (e) A combination of the above strategies; or

     (f) A method approved by ecology which meets the standard identified in this section; or

     (g) Leak detection system operation and operator response must be described in the facility operations manual.

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     (a) WAC 173-180-405 through 173-180-440 covers Class 1 facilities.

     (b) WAC 173-180-445 through 173-180-475 covers Class 2 facilities.

     (2) Class 1 and 2 facilities must prepare, submit, and implement an operations manual pursuant to the requirements in this chapter.

     (3) All oil transfer operations must be conducted in accordance with the facilities operations manual. The owner or operator and PIC for Class 1 and 2 facilities transferring oil with a nonrecreational vessel must ensure that the receiving vessel's personnel comply with the facility operations manual.

     (4) Class 1 and 2 facilities must maintain all equipment and perform operations in accordance with the operations manual.

     (5) All operations manuals will be valid for no more than five years from the date on the approval letter. Ecology will review the facility operations manual to ensure compliance with this chapter.

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     (2) Facilities must ensure that all employees involved in oil transfer operations, or storage operations, are familiar with the operations manual provisions through regular and new employee training.

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     (2) The operations manual must be thorough and contain enough information, analyses, supporting data, and documentation to demonstrate the manual holder's ability to meet the requirements of this chapter.

     (3) The Class 1 facility may submit their Coast Guard operations manuals required under 33 CFR 154.300 to satisfy operations manual requirements under this chapter if:

     (a) Ecology deems that such federal requirements equal or exceed those of ecology; or

     (b) The Class 1 facility modifies or appends the operations manual to satisfy requirements under this chapter.

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     (1) Have a detailed table of contents based on chapter, section, and appendix numbers and titles, as well as tables and figures. Where applicable, topics identified in the table of contents may be cross referenced with other submissions required by chapter 90.56 RCW including contingency and prevention plans, or 33 CFR 154 provided that a copy of the Coast Guard Operations Manual has been submitted to ecology;

     (2) Allow replacement of chapter and appendix pages with revisions, without requiring replacement of the entire operations manual; and

     (3) Have a log sheet to record amendments to the operations manual. The log sheet must:

     (a) Be placed at the front of the operations manual;

     (b) Provide for a record of the section amended, the date the old section was replaced with the amended section, and the initials of the individual making the change;

     (c) Include a description of the amendment; and

     (d) Include a description of the amendment's purpose or filed in the form of an amendment letter immediately following the log sheet.

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     (2) The operations manual submitted to ecology must contain a submittal agreement which:

     (a) Includes the name, address, and phone number of the submitting party;

     (b) Verifies acceptance of the operations manual by the owner or operator of the Class 1 facility by either signature of the owner or operator or signature by a person with the authority to bind the corporation which owns such facility;

     (c) Commits execution of the operations manual by the owner or operator of the Class 1 facility, and verifies authority for the operations manual holder to make appropriate expenditures in order to execute operations manual provisions; and

     (d) Includes the name, location, and address of the facility, type of facility, and starting date of operations of the facility covered by the operations manual.

     (3) Operations manuals must address at a minimum the following topics for oil transfer operations to or from Class 1 facilities:

     (a) General facility information including:

     (i) The geographic location of the facility shown on a topographic map;

     (ii) A physical description of the facility including a plan of the facility showing mooring areas, transfer locations, control stations, oil flow patterns, and locations of safety equipment;

     (iii) A statement identifying facility operation hours;

     (iv) A brief summary of applicable federal, state, and local oil pollution laws and regulations;

     (v) Recordkeeping procedures and sample forms which are associated with the requirements in this chapter;

     (vi) Overfill prevention procedures must be described for transfers to storage tanks and tank vessels in accordance with the National Fire Protection Association (NFPA), Flammable and Combustible Code, No. 30-1993, Chapter 2, Section 2-10;

     (vii) Example maintenance schedules incorporating manufacturers' recommendations or an industrial standard approved by ecology, preventative maintenance, replacement criteria for transfer pipelines, pumps and valves;

     (viii) A description of all oil types transferred to or from the facility including:

     (A) Generic and chemical name;

     (B) A description of the appearance of the oil;

     (C) The hazards involved in handling the oil; and

     (D) Instructions for safe handling of oil;

     (ix) The procedures to be followed if the oil spills or leaks, or if a person is exposed to the oil;

     (x) A list of fire fighting procedures and extinguishing agents effective with fires involving the oil;

     (xi) Instructions in the use of each communication system;

     (xii) Detailed procedures for:

     (A) Operating each hose system and loading arm including the limitations of each loading arm;

     (B) Transferring oil, including startup, topping off, and shutdown;

     (C) Completion of pumping; and

     (D) Quantity, type, location, and instructions for use of all transfer monitoring devices;

     (xiii) A discussion of the leak detection system and/or procedures implemented by the facility;

     (xiv) The location and facilities of each personnel shelter, if any; and

     (xv) Maximum relief valve settings (or maximum system pressures when relief valves are not provided) for each transfer system.

     (b) Facility procedures for oil transfers to or from nonrecreational vessels including, at a minimum:

     (i) Discussion of the sizes, types, and number of vessels that the facility can transfer oil to or from, including simultaneous transfers;

     (ii) Discussion of equipment and procedures required for all vessels which transfer oil to or from the facility;

     (iii) Procedures for verifying that vessels meet facility requirements and operations manual procedures;

     (iv) Discussion of the minimum number of persons or equipment required to perform transfer operations and their duties, including transfer watchmen;

     (v) A description and instructions for the use of drip and discharge collection and vessel slop reception facilities, if any;

     (vi) If applicable, procedures for shielding portable lighting;

     (vii) Description of the facility's requirements or actions taken regarding unexpected weather and sea conditions and the threshold values developed by the facility which may impact oil transfers to or from vessels. The supporting data for oil transfer weather and sea restrictions must be made available to ecology if requested and include at a minimum:

     (A) Instrumentation or methodology for accurately measuring and recording this information in the facility's dock operations log book;

     (B) Measuring current velocity, weather, and sea conditions before and during the oil transfer operation;

     (C) Monitoring forecasted weather and sea;

     (D) Procedures for communicating weather and sea conditions to the PICs at regular intervals;

     (E) Threshold values for weather and sea conditions above which transfer operations must cease; and

     (F) Procedures for communicating with the vessel and shutting down the oil transfer should weather or seas exceed threshold values.

     (c) Safe and effective threshold determination. The threshold values which personnel will use to determine when a facility will not preboom under Part B of this chapter, must be in the operations manual and easily found by the PIC. The analysis, data, and supporting documents are not required to be in the operations manual but must be submitted separately in a report to ecology. See WAC 173-180-224.

     (d) Facility emergency procedures, at a minimum:

     (i) Procedures for reporting spills to the appropriate agencies and initial response actions taken in the event of an oil discharge;

     (ii) The names and telephone numbers of facility, federal, state, local and other personnel who may be called by the employees of the facility in case of an emergency;

     (iii) Emergency plans and procedures including a description of and the location of each emergency shutdown system;

     (iv) Quantity, type, location, instructions for use, and time limits for gaining access to containment equipment; and

     (v) Quantity, type, location, and instructions for use of fire extinguishing equipment.

     (e) For facilities that transfer to or from transmission pipelines the operations manual must address, at a minimum, the following topics:

     (i) The geographic location of the facility shown on a topographic map;

     (ii) A physical description of the facility including a plan of the facility showing transfer locations, control stations, oil flow patterns, and locations of safety equipment;

     (iii) A statement identifying facility operation hours;

     (iv) A description of all oil types transferred to or from the facility including:

     (A) Generic and chemical name;

     (B) The name of the oil;

     (C) A description of the appearance of the oil;

     (D) A description of the odor of the oil;

     (E) The hazards involved in handling the oil; and

     (F) Instructions for safe handling of oil;

     (v) The procedures to be followed if the oil spills or leaks, or if a person is exposed to the oil;

     (vi) A list of fire fighting procedures and extinguishing agents effective with fires involving the oil;

     (vii) A discussion of the minimum number of persons required to perform transfer operations and their duties;

     (viii) The names and telephone numbers of facility, federal, state, local and other personnel who may be called by the employees of the facility in case of an emergency;

     (ix) The duties of the facility operator;

     (x) A description of each communication system;

     (xi) The location and facilities of each personnel shelter, if any;

     (xii) Emergency plans and procedures including a description of and the location of each emergency shutdown system;

     (xiii) Quantity, types, locations, and instructions for use of monitoring devices;

     (xiv) Quantity, type, location, instructions for use, and time limits for gaining access to containment equipment;

     (xv) Quantity, type, location, and instructions for use of fire extinguishing equipment;

     (xvi) Maximum relief valve settings (or maximum system pressures when relief valves are not provided) for each transfer system;

     (xvii) Detailed procedures for reporting and initial containment of oil discharges;

     (xviii) A brief summary of applicable federal, state, and local oil pollution laws and regulations;

     (xix) A description of the training and qualification program for persons in charge;

     (xx) A discussion of facility operation procedures for conducting oil transfers including transfer startups and shutdowns;

     (xxi) Recordkeeping procedures and sample forms to be used;

     (xxii) Example maintenance schedules incorporating manufacturers' recommendations or an industrial standard approved by ecology, preventative maintenance replacement criteria for transfer pipelines, pumps and valves; and

     (xxiii) A section in accordance with the National Fire Protection Association (NFPA), Flammable and Combustible Code, No. 30-1993, Chapter 2, Section 2-10 which requires that written procedures be developed to describe overfill prevention procedures. Overfill prevention procedures must be described for transfers to storage tanks and tank vessels.

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     (a) Existing Class 1 facilities that have an ecology approved operations manual, on the date this chapter becomes effective, may submit only the new changes to the operations manual instead of resubmitting the entire operations manual.

     (b) For Class 1 facilities that begin operations after the effective date of this chapter, the owner or operator must submit an operations manual to ecology at least one hundred twenty calendar days prior to conducting an oil transfer operation.

     (2) One paper and one electronic copy of the operations manual and appendices must be delivered to:

     The Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Operations Manual

     P.O. Box 47600

     Olympia, WA 98504-7600

     Or

     The Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Operations Manual

     300 Desmond Drive

     Lacey, WA 98503

     (3) The operations manual submitter may request that proprietary information be kept confidential under RCW 43.21A.160.

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     (2) When reviewing operations manuals ecology must consider the following:

     (a) The ability of the operations manual to provide best achievable protection from damages caused by the discharge of oil into waters of the state;

     (b) The volume and type of oil(s) addressed by the facility operations manual;

     (c) The history and circumstances of prior spills by similar types of facilities, including spills reported to the state and federal government in Washington state;

     (d) Inspection reports;

     (e) The presence of operating hazards;

     (f) The sensitivity and value of natural resources within the geographic area covered by the operations manual; and

     (g) Any pertinent local, state, federal agency, public comments received on the operations manual.

     (3) Ecology must endeavor to notify the facility owner or operator within five working days after completing the review whether ecology approves the operations manual.

     (4) If the operations manual receives approval, ecology must send the Class 1 facility owner or operator an approval letter describing the terms of approval, including an expiration date.

     (5) Conditional approval:

     (a) Ecology may approve an operations manual conditionally by requiring a facility owner or operator to operate with specific precautionary measures until acceptable components of the operations manual are resubmitted and approved by ecology.

     (b) Precautionary measures may include, but are not limited to:

     (i) Reducing oil transfer rates;

     (ii) Increasing personnel levels;

     (iii) Restricting operations to daylight hours; or

     (iv) Additional requirements to ensure availability to response equipment.

     (6) After receiving notification of conditional status from ecology, a Class 1 facility must submit and implement required changes to ecology within thirty calendar days. Ecology may issue an extension at ecology's discretion. Operations manual holders who fail to meet conditional requirements or provide required changes in the time allowed must lose conditional approval status.

     (7) If the operations manual approval is denied, ecology must send an explanation of the factors for disapproval and a list of deficiencies to the Class 1 facility owner or operator.

     (a) The owner or operator of the facility must resubmit the operations manual within ninety calendar days of notification of reasons for noncompliance, responding to the reasons and incorporating any suggested modifications.

     (b) The facility must not continue oil storage, transfer, production, or other operations until ecology approves an operations manual for that facility.

     (8) Approval of a manual by ecology does not constitute an express assurance regarding the adequacy of the operations manual nor constitute a defense to liability imposed under state law.

     (9) A facility may conduct operations if the facility properly submitted an operations manual to ecology and ecology has not provided the facility with a formal response.

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     (2) A significant change includes, but is not limited to:

     (a) A change in the owner or operator of the facility;

     (b) A change in the types of oil handled at the facility;

     (c) A substantial change in the facility's oil-handling capacity;

     (d) Noncompliance with the federal Oil Pollution Act of 1990;

     (e) A substantial change in oil spill prevention technology installed at the facility, or other substantial changes to facility technology, operations, or personnel procedures based on requirements of amended or new rules adopted by ecology; and

     (f) Any other changes that would require modification of the operations manual.

     (3) If a significant change will reduce the facility's ability to implement the operations manual, the operations manual holder must also provide a schedule for the return of the operations manual to full implementation capability.

     (4) The facility may submit a facsimile to provide written notice for the purposes of this section.

     (5) If ecology finds, because of the significant change, the operations manual no longer meets approval criteria, ecology may, at its discretion, place conditions on approval, or revoke approval. Ecology may also require the operations manual holder to amend its operations manual to incorporate the change.

     (6) Within thirty calendar days of making a significant change to the operations manual, the facility owner or operator must distribute the amended page(s) of the operations manual to ecology and other operations manual holders.

     (7) Ecology may review an operations manual and require changes following any spill, inspection, or drill for which the operations manual holder is responsible.

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     (2) The Class 1 facility must submit the operations manuals for reapproval unless the operations manual holder submits a letter requesting that ecology review the operations manual already in ecology's possession.

     (3) The operations manual holder must submit the operations manual or such letter at least one hundred eighty calendar days in advance of the operations manual expiration date.

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     (2) Facilities must ensure that all employees involved in oil transfer operations are familiar with the operations manual provisions through regular and new employee training.

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     (2) The Class 2 facility may submit their Coast Guard operations manuals required under 33 CFR 154.300 to satisfy operations manual requirements under this chapter if:

     (a) Ecology deems that such federal requirements equal or exceed those of ecology; or

     (b) The Class 2 facility modifies or appends the operations manual to satisfy operations manual requirements under this chapter.

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     (1) Have a detailed table of contents based on chapter, section, and appendix numbers and titles, as well as tables and figures;

     Where applicable, topics identified in the table of contents may be cross referenced with other submissions required by chapter 90.56 RCW including contingency and prevention plans, or 33 CFR 156 provided that a copy of the Coast Guard Operations Manual has been submitted to ecology.

     (2) Allow replacement of chapter and appendix pages with revisions, without requiring replacement of the entire operations manual; and

     (3) Have a log sheet to record amendments to the operations manual. The log sheet must:

     (a) Be placed at the front of the operations manual;

     (b) Provide for a record of the section amended, the date that the old section was replaced with the amended section, and the initials of the individual making the change;

     (c) Include a description of the amendment; and

     (d) Include a description of the amendment's purpose or filed in the form of an amendment letter immediately following the log sheet.

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     (2) Operations manuals must address at a minimum the following topics for oil transfer operations from Class 2 facilities:

     (a) Each operations manual submitted to ecology must contain a submittal agreement which:

     (i) Includes the name, address, and phone number of the submitting party;

     (ii) Verifies acceptance of the operations manual by the owner or operator of the Class 2 facility by either signature of the owner or operator or signature by a person with the authority to bind the corporation which owns such facility;

     (iii) Commits execution of the operations manual by the owner or operator of the Class 2 facility, and verifies authority for the operations manual holder to make appropriate expenditures in order to execute operations manual provisions; and

     (iv) Includes the name and location for the base of operations for the mobile fleet, and the name and location of the maintenance yard for rolling stock, and the starting date of operations.

     (b) General information related to the facility including:

     (i) A brief summary of applicable federal, state, and local oil or hazardous material pollution laws and regulations;

     (ii) A physical description of the fleet of mobile vehicles or rolling stock including capabilities;

     (iii) Instructions in the use of each communication system;

     (iv) A description and instructions for the use of drip and release containment for all hose connections;

     (v) The maximum allowable working pressure (MAWP) of each hose assembly required to be tested by 33 CFR 156.170 of this chapter, including the maximum relief valve setting (or maximum system pressure when relief valves are not provided) for each transfer system, if any;

     (vi) Recordkeeping procedures and sample oil transfer forms which are associated with the requirements in this chapter;

     (vii) Example maintenance schedules incorporating manufacturers' recommendations or an industrial standard approved by ecology, preventative maintenance, replacement criteria for hose assemblies, pumps and valves; and

     (viii) Written procedures to describe vessel overfill prevention procedures in accordance with the National Fire Protection Association (NFPA), Flammable and Combustible Code, No. 30-1993, Chapter 2, Section 2-10.

     (c) Facility procedures for oil transfers to or from nonrecreational vessels including:

     (i) Detailed procedures for transferring oil which will include, at a minimum:

     (A) Number of truck/trailer combinations needed;

     (B) Transferring oil, including startup, topping off, and shutdown; and

     (C) Shift-change procedures;

     (ii) A discussion of equipment and procedures required for all vessels which receive oil from the Class 2 facility and procedures for verifying that vessels meet Class 2 facility requirements and operations manual procedures;

     (iii) A discussion regarding the time/condition constraints for deliveries;

     (iv) Providing a copy of the MSDS for each type of oil transferred. The MSDS must be in the driver's possession or available at the transfer;

     (v) A discussion of the minimum number of persons or equipment required to perform transfer operations and their duties;

     (vi) Quantity, types, locations, and instructions for use of monitoring devices;

     (vii) If applicable, procedures for shielding portable lighting;

     (viii) Procedures for detecting leaks during oil transfer operations; and

     (ix) Discussion of the facility's requirements regarding weather and sea conditions at the facility which may impact oil transfers to or from vessels including, at a minimum:

     (A) Monitoring current weather and sea conditions;

     (B) Monitoring forecasted weather and sea;

     (C) Procedures for communicating weather and sea conditions to the PICs at regular intervals;

     (D) Threshold values for weather and sea conditions above which transfer operations must cease; and

     (E) Procedures for shutting down the oil transfer should weather or seas exceed threshold values.

     (d) Class 2 facility emergency information, must include at a minimum:

     (i) Procedures for reporting and initial containment of oil discharges;

     (ii) The name and telephone number of the driver's supervisor or dispatcher and telephone number of the Coast Guard, state, local, and other personnel who may be called by the employees of the Class 2 facility in an emergency;

     (iii) Emergency plans and procedures including a description of and location of each emergency shutdown system;

     (iv) Quantity, type, location, and instructions for use of fire extinguishing equipment;

     (v) Means of protecting nearby surface water from impact of discharge of oil, i.e., permanent or temporary drainage structures or devices to protect water at delivery site.

     (e) If a Class 2 facility conducts Rate A transfers, then the operations manual must include the safe and effective threshold values as identified in the safe and effective threshold determination report. These values must be for each location where a Rate A transfer occurs. See WAC 173-180-224 for requirements for this report.

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     (2) All Class 2 facilities that begin oil transfer operations after the effective date of this chapter must submit an operations manual to ecology at least ninety calendar days prior to the beginning of oil transfer operations.

     (3) One paper and one electronic copy of the operations manual and appendices must be delivered to:

     The Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Operations Manual

     P.O. Box 47600

     Olympia, WA 98504-7600

     Or

     The Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Operations Manual

     300 Desmond Drive

     Lacey, WA 98503

     (4) The operations manual submitter may request that proprietary information be kept confidential under RCW 43.21A.160.

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     (2) When reviewing operations manuals for approval ecology must consider the following criteria:

     (a) The ability of the operations manual to provide best achievable protection from damages caused by the discharge of oil into waters of the state;

     (b) The volume and type of oil(s);

     (c) The history and circumstances of prior spills by similar types of facilities, including spills reported to the state and federal government in Washington state;

     (d) Inspection reports;

     (e) The presence of operating hazards; and

     (f) The sensitivity and value of natural resources within the geographic area covered by the operations manual.

     (3) Ecology must endeavor to notify the facility owner or operator within five working days after completing the review whether or not ecology approves the operations manual.

     (4) If the operations manual receives approval, ecology must send the Class 2 facility owner or operator an approval letter describing the terms of approval, including an expiration date.

     (5) Conditional approval:

     (a) Ecology may approve an operations manual conditionally by requiring a facility owner or operator to operate with specific precautionary measures until acceptable components of the operations manual are resubmitted and approved.

     (b) Precautionary measures may include, but are not limited to:

     (i) Reducing oil transfer rates;

     (ii) Increasing personnel levels;

     (iii) Restricting oil transfer operations to daylight hours; or

     (iv) Additional requirements to ensure availability to response equipment.

     (6) After receiving notification of conditional status from ecology, a Class 2 facility must submit and implement required changes to ecology within thirty calendar days. Ecology may issue an extension at ecology's discretion. Operations manual holders who fail to meet conditional requirements or provide required changes in the time allowed must lose conditional approval status.

     (7) If operations manual approval is denied, ecology must send the facility owner or operator an explanation of the factors for disapproval and a list of deficiencies.

     (a) The owner or operator of the facility must resubmit the operations manual within ninety calendar days of notification of reasons for noncompliance, responding to the reasons and incorporating any suggested modifications.

     (b) The facility must not continue oil transfer or other operations until an operations manual for that facility has been approved.

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     (2) A significant change includes, but is not limited to:

     (a) A change in the owner or operator of the facility;

     (b) A change in the types of oil handled at the facility;

     (c) A substantial change in the facility's oil-handling capacity;

     (d) Noncompliance with the federal Oil Pollution Act of 1990;

     (e) A substantial change in equipment in use by the facility, or other substantial changes to facility technology, operations, or personnel procedures based on requirements of amended or new rules adopted by ecology; and

     (f) Any other changes that would require that the operations manual be modified.

     (3) If the significant change will reduce the facility's ability to implement the operations manual, the operations manual holder must also provide a schedule for the return of the operations manual to full implementation capability.

     (4) The facility may submit a facsimile to provide written notice for the purposes of this section.

     (5) If ecology finds, as a result of the significant change, the operations manual no longer meets approval criteria, ecology may, at its discretion, place conditions on approval, or revoke approval. Ecology may also require the operations manual holder to amend its operations manual to incorporate the change.

     (6) Within thirty calendar days of making a change to the operations manual, the facility owner or operator must distribute the amended page(s) of the operations manual to ecology and other operations manual holders.

     (7) Ecology must review operations manuals every five years.

     (a) Operations manuals must be submitted for reapproval unless the operations manual holder submits a letter requesting that ecology review the operations manual already in ecology's possession.

     (b) The operations manual holder must submit the operations manual or such letter at least one hundred eighty calendar days in advance of the operations manual expiration date.

     (8) Ecology may review an operations manual and require changes following any spill, inspection, or drill for which the operations manual holder is responsible.

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