WSR 07-11-159

EXPEDITED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed May 23, 2007, 9:31 a.m. ]

Title of Rule and Other Identifying Information: Chapter 468-34 WAC, Utility lines -- Franchises and permits, specifically WAC 468-34-210 Pipelines -- Encasement.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Tom Swafford, Utilities, Railroad, and Agreements Manager, Washington State Department of Transportation, 310 Maple Park Avenue S.E., Olympia, WA 98504-7329 , AND RECEIVED BY July 24, 2007.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change will realize a significant and tangible improvement to natural gas pipeline safety. The modification of WAC 468-34-210 will eliminate mandatory casing requirements for natural gas installations within the state highway system. Technological advancements in pipeline materials, pipeline joining and inspection techniques, cathodic protection, as well as improved construction methods have rendered casing requirements obsolete in most applications. Casings may adversely affect pipeline cathodic protection which can create a detrimental safety condition to both the traveling public and the pipeline owners and operators.

Reasons Supporting Proposal: The revision of WAC 468-34-210 is consistent with Minimum Federal Safety Standards 49 C.F.R., part 192 and chapter 480-93 WAC, Gas companies -- Safety. The Washington utilities and transportation commission pipeline safety office also supports the proposed rule change.

Statutory Authority for Adoption: Chapter 47.44 RCW.

Statute Being Implemented: None.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Northwest Gas Association and Washington state department of transportation (WSDOT), private and public.

Name of Agency Personnel Responsible for Drafting and Implementation: Tom Swafford, HQ Design, 705-7237; and Enforcement: Pasco Bakotich, HQ Design, 705-7231.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Nonencasement of gas pipelines in certain situations are currently required and require an engineered variance justification which are always approved. This new requirement will alleviate the time and expense of the gas industry to prepare and save WSDOT engineering review and processing time and money.

May 17, 2007

John F. Conrad

Assistant Secretary for

Engineering and Regional Operations

OTS-9768.1


AMENDATORY SECTION(Amending Order 119, filed 2/10/89)

WAC 468-34-210   Pipelines -- Encasement.   (1) Casings shall not be required for the following conditions ((except as may be permitted under subsection (3) of this section.)):

(a) Pipelines ((crossings under completed freeways and other controlled access highways)) conveying natural or other gas which meet the design, installation and cathodic protection provisions of the Minimum Federal Safety Standards, 49 CFR part 192 and chapter 480-93 WAC Gas companies -- Safety.

(b) ((Pipeline crossings where casing is required by appropriate industry code or special conditions.

(c))) Local service lines and connections conveying natural or other gas which meet the design, installation and cathodic protection provisions of the Minimum Federal Safety Standards, 49 CFR part 192 and chapter 480-93 WAC Gas companies -- Safety.

(2) Casings shall be required for the following conditions:

(a) Pipeline crossings where casing is required by appropriate industry practice or special conditions.

(b) Pressurized carrier pipes and carriers of transmittants other than natural gas which are flammable, corrosive, expansive, energized, or unstable.

(((d))) (c) Pipeline installations where local features, embankment materials, construction methods or other conditions indicate ((any possibility)) probability of damage to the ((protective coating during installation)) pipeline that will render it unusable.

(((2))) (3) Casings may be required ((for the following conditions.

(a) As an expediency in the insertion, removal, replacement or maintenance of carrier pipe crossings of freeways and other locations where it is necessary in order to avoid open trench construction.

(b))) as protection for carrier pipe from external loads or shock((, either)) during existing highway improvement projects or ((after)) new highway construction ((of the highway.

(c) As a means of conveying leaking fluids or gases away from the area directly beneath the traveled way to a point of venting at or near the right of way line or to a point of drainage in the highway ditch or a natural drainage way.

(d) Jacked or bored installations of coated carrier pipes, except where assurance is provided the department that there will be no damage to the protective coating.

(3) Casings may or may not be required for the following conditions.

(a) Pipelines relocated in advance of highway construction, including those conveying natural or other gas which meet the design, installation and cathodic protection provisions of the Minimum Federal Safety Standards, CFR 49, Part 192 may be constructed without encasement provided the department (and the pipeline officials) agree that the lines are and will remain structurally sound and operationally safe.

(b) Uncased crossings for local service connections of one inch diameter or less carrying natural or other gas which conform to the design, installation, and cathodic protection provisions of the Minimum Federal Safety Standards, CFR 49, Part 192 may be permitted on two-lane highways at those locations where the department agrees that the embankment materials and installation methods are adequate and that complete assurance is provided against damage to the protective coating of the pipe or to the roadway structure.

(c) Pipelines installed where open cutting is allowed)).

(4) Casing pipes shall extend a minimum of six feet beyond the toe of fill slopes, or back of ditch line, or outside curb limited by restrictive local conditions. The casing pipe need not be continuous on freeways with or without frontage roads; however, maintenance in the median shall not be required on a routine basis.

(5) Casing pipes shall be sealed at the ends.

(6) Casing pipes shall be designed to support the load of the highway and superimposed loads thereon and, as a minimum, shall equal the structural requirements for highway drainage facilities. Casings shall be composed of materials of sufficient durability to withstand any conditions to which they may be exposed.

[Statutory Authority: Chapter 47.44 RCW. 89-05-022 (Order 119), 468-34-210, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-34-210, filed 12/20/78. Formerly WAC 252-04-175.]

Washington State Code Reviser's Office