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Chapter 173-185 WAC

Last Update: 2/2/21

OIL MOVEMENT BY RAIL AND PIPELINE NOTIFICATION

WAC Sections

PART A
GENERAL REQUIREMENTS
HTMLPDF173-185-010Applicability.
HTMLPDF173-185-020Purpose.
HTMLPDF173-185-030Compliance schedule.
HTMLPDF173-185-040Enforcement and penalties.
HTMLPDF173-185-050Definitions.
HTMLPDF173-185-060Severability.
PART B
NOTIFICATION, DISCLOSURES, AND NONDISCLOSURES
HTMLPDF173-185-070Advance notice—Facility requirements.
HTMLPDF173-185-080Biannual notice—Pipeline requirements.
HTMLPDF173-185-090Disclosures—Emergency management division, utilities and transportation commission, and county, city, tribal, port, and local government emergency response agencies.
HTMLPDF173-185-100Disclosures—The public.
HTMLPDF173-185-110Nondisclosure.


PDF173-185-010

Applicability.

This chapter applies to owners and operators of:
(1) Facilities that receive crude oil by railroad car in the state; and
(2) Transmission pipelines that transport crude oil through the state.
[Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-010, filed 8/24/16, effective 10/1/16.]



PDF173-185-020

Purpose.

This chapter establishes:
(1) Advance notice requirements for facilities that receive crude oil by railroad car.
(2) Biannual notice requirements for transmission pipelines that transport crude oil.
(3) Disclosure procedures for ecology to:
(a) Provide nonaggregated information collected under this chapter to the state emergency management division, utilities and transportation commission, and any county, city, tribal, port, and local government emergency response agency to help these agencies effectively prepare for and respond to oil spills and other accidents.
(b) Provide aggregated information collected under this chapter to inform the public about the nature of crude oil movement through their communities.
[Statutory Authority: Chapter 90.56 RCW, RCW 90.56.005, 90.56.050 and 90.56.565. WSR 21-04-126 (Order 19-09), § 173-185-020, filed 2/2/21, effective 3/5/21. Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-020, filed 8/24/16, effective 10/1/16.]



PDF173-185-030

Compliance schedule.

(1) Facilities.
(a) Owners and operators of facilities in operation at the time this chapter is adopted must meet the advance notice requirements in WAC 173-185-070 on the effective date of this chapter.
(b) Owners and operators of new facilities must meet the advance notice requirements in WAC 173-185-070 immediately upon beginning operations in the state.
(2) Transmission pipelines.
(a) Owners and operators of transmission pipelines in operation at the time this chapter is adopted must meet the biannual notice requirements in WAC 173-185-080 on the effective date of this chapter.
(b) Owners and operators of new transmission pipelines must meet the biannual notice requirements in WAC 173-185-080 immediately upon beginning operations in the state.
[Statutory Authority: Chapter 90.56 RCW, RCW 90.56.005, 90.56.050 and 90.56.565. WSR 21-04-126 (Order 19-09), § 173-185-030, filed 2/2/21, effective 3/5/21. Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-030, filed 8/24/16, effective 10/1/16.]



PDF173-185-040

Enforcement and penalties.

Any violation of this chapter may be subject to enforcement and penalties under RCW 90.48.120, 90.48.140, and 90.48.144.
[Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-040, filed 8/24/16, effective 10/1/16.]



PDF173-185-050

Definitions.

(1) "American Petroleum Institute (API) gravity" is a measure of how heavy or light a petroleum liquid is compared to water.
(2) "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.
(3) "Crude oil" means any naturally occurring hydrocarbons coming from the earth that are liquid at twenty-five degrees Celsius and one atmosphere of pressure including, but not limited to, crude oil, bitumen and diluted bitumen, synthetic crude oil, and natural gas well condensate.
(4) "Ecology" means the state of Washington department of ecology.
(5)(a) "Facility" means 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) For the purposes of oil spill contingency planning in RCW 90.56.210, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.
(c) Except as provided in (b) of this subsection, a 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 70A.355 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.
(6) "Oil" or "oils" means oil of any kind that is liquid at twenty-five degrees Celsius and one atmosphere of pressure and any fractionation thereof including, but not limited to, crude oil, bitumen, synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, 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 C.F.R. Part 302, adopted August 14, 1989, under Section 102(a) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by P.L. 99-499.
(7)(a) "Owner" or "operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "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.
(8) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
(9) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(10) "Sour crude oil" means crude oil that has a sulfur content greater than 0.5 percent by weight.
(11) "Spill" means an unauthorized discharge of oil which enters waters of the state.
(12) "State" means the state of Washington.
(13) "Sweet crude oil" means crude oil that has a sulfur content that does not exceed 0.5 percent by weight.
(14) "Transmission pipeline" means all parts of a pipeline whether interstate or intrastate, 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, metering and delivery stations and fabricated assemblies therein, and breakout tanks.
(15) "Vapor-liquid ratio" means the ratio of the vapor volume to the liquid volume of the sample, in equilibrium, under specified conditions.
(16) "Vapor pressure" means the pressure exerted by the vapor of a liquid when in equilibrium with the liquid. Vapor pressure varies based on specified temperature and vapor-liquid ratio.
[Statutory Authority: Chapter 90.56 RCW, RCW 90.56.005, 90.56.050 and 90.56.565. WSR 21-04-126 (Order 19-09), § 173-185-050, filed 2/2/21, effective 3/5/21. Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-050, filed 8/24/16, effective 10/1/16.]



PDF173-185-060

Severability.

If any provision of this chapter is held invalid, the remainder of the chapter is not affected.
[Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-060, filed 8/24/16, effective 10/1/16.]



PDF173-185-070

Advance noticeFacility requirements.

(1) Owners and operators of a facility that will receive crude oil from a railroad car must provide ecology with advance notice of all scheduled crude oil deliveries to be received by the facility as provided in this section. Notification may be made by the facility owner or operator's designee.
(2) The advance notice must contain the following information:
(a) Name, address, contact person, and telephone number of the facility;
(b) Region of origin of crude oil as stated, or as expected to be stated, on the bill of lading;
(c) Railroad route taken to the facility within the state, if known;
(d) Scheduled time, which means date, and volume of the scheduled delivery;
(e) Gravity, as measured by standards developed by the American Petroleum Institute or, if unavailable at the time of reporting, expected gravity of crude oil scheduled to be delivered;
(f) Type of crude oil scheduled to be delivered based on: (i) Gravity as reported under (e) of this subsection; and (ii) designation of the crude oil as sweet or sour;
(g) Vapor pressure or, if unavailable at the time of reporting, expected vapor pressure of crude oil scheduled to be delivered. Vapor pressure reported under this subsection must be the vapor pressure or expected vapor pressure of the crude oil as measured by American Society for Testing and Materials, or ASTM, Standard D6377-20 or another method approved by ecology, at the expected temperature of the crude oil and with a vapor-liquid ratio between 1.5:1 and 4:1.
A copy of ASTM Standard D6377-20 is available for inspection at 300 Desmond Drive S.E., Lacey, Washington 98503.
(3)(a) Advance notice must be provided to ecology each week for all arrivals of railroad cars carrying crude oil scheduled for the succeeding seven-day period.
(b) All newly scheduled arrivals of railroad cars carrying crude oil after the advance notice time frame under (a) of this subsection must be reported to ecology as soon as possible and before the shipment enters the state. If the shipment is already in the state, the scheduled arrival must be reported when the information is known to the facility.
(c) Advance notice information reported for scheduled crude oil deliveries may be updated after receipt of a scheduled crude oil delivery. If a facility chooses to update information, the information must be updated within fifteen days after the end of the quarter containing the scheduled crude oil delivery date.
(4) Notification must be submitted via website established by ecology.
[Statutory Authority: Chapter 90.56 RC, RCW 90.56.005, 90.56.050 and 90.56.565. WSR 21-04-126 (Order 19-09), § 173-185-070, filed 2/2/21, effective 3/5/21. Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-070, filed 8/24/16, effective 10/1/16.]



PDF173-185-080

Biannual noticePipeline requirements.

(1) Owners and operators of a transmission pipeline that transports crude oil in or through the state must provide ecology biannual notice of all crude oil transported by the transmission pipeline in or through the state. Notification may be made by the transmission pipeline owner or operator's designee.
(2) The notice must contain the following information:
(a) Company name, address, contact person, and telephone number of the pipeline;
(b) Volume of crude oil by:
(i) Each listed state or province of origin of the crude oil;
(ii) Gravity, as measured by standards developed by the American Petroleum Institute, by weighted average;
(iii) Type of crude oil transported based on gravity as reported under (b)(ii) of this subsection, and designation of the crude oil as sweet or sour.
(3)(a) Notification must be submitted to ecology each year by July 31st for the period January 1st through June 30th and by January 31st for the period July 1st through December 31st.
(b) Notification may be submitted by email to ecology or via website established by ecology. Form number ECY 070-562 must be used.
[Statutory Authority: Chapter 90.56 RCW, RCW 90.56.005, 90.56.050 and 90.56.565. WSR 21-04-126 (Order 19-09), § 173-185-080, filed 2/2/21, effective 3/5/21. Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-080, filed 8/24/16, effective 10/1/16.]



PDF173-185-090

DisclosuresEmergency management division, utilities and transportation commission, and county, city, tribal, port, and local government emergency response agencies.

(1) Ecology will share the advance notice information collected from facilities under WAC 173-185-070 with the state emergency management division and any county, city, tribal, port, or local government emergency response agency upon request. Requests to access this information must be submitted to ecology by email.
(2) Ecology will share the advance notice information collected from facilities under WAC 173-185-070 with the utilities and transportation commission.
[Statutory Authority: Chapter 90.56 RCW, RCW 90.56.005, 90.56.050 and 90.56.565. WSR 21-04-126 (Order 19-09), § 173-185-090, filed 2/2/21, effective 3/5/21. Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-090, filed 8/24/16, effective 10/1/16.]



PDF173-185-100

DisclosuresThe public.

Ecology will disclose information collected under this chapter by publishing it on a quarterly basis on ecology's website.
(1) Ecology will publish the following crude oil movement information:
(a) Mode of transport (i.e., railroad car or pipeline);
(b) Place of origin by region for facilities and by state or province for transmission pipelines;
(c) Number and volume of reported spills during transport and delivery;
(d) Estimated number of railroad cars delivering crude oil;
(e) Type and reported volume of crude oil received by facilities and crude oil transported by transmission pipelines in or through the state; and
(f) Vapor pressure of crude oil received by facilities.
(2) With respect to information on crude oil movement to facilities provided by this section, ecology will aggregate information on a statewide basis by:
(a) Route;
(b) Week; and
(c) Type of crude oil.
[Statutory Authority: Chapter 90.56 RCW, RCW 90.56.005, 90.56.050 and 90.56.565. WSR 21-04-126 (Order 19-09), § 173-185-100, filed 2/2/21, effective 3/5/21. Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-100, filed 8/24/16, effective 10/1/16.]



PDF173-185-110

Nondisclosure.

Pursuant to RCW 42.56.270(23) and 90.56.565(6), ecology and any state, local, tribal, or public agency that receives information provided under WAC 173-185-070 and 173-185-090 may not disclose any such information to the public or to nongovernmental entities that contains proprietary, commercial, or financial information unless that information is aggregated. The requirement for aggregating information does not apply when information is shared by ecology with emergency response agencies as provided in WAC 173-185-090.
[Statutory Authority: Chapter 90.56 RCW, RCW 90.56.005, 90.56.050, 90.56.565. WSR 21-04-126 (Order 19-09), § 173-185-110, filed 2/2/21, effective 3/5/21. Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-110, filed 8/24/16, effective 10/1/16.]