WAC 173-180-025
Definitions. (1) "Best achievable
protection" means the highest level of protection that can be
achieved through the use of the best achievable technology and
those staffing levels, training procedures, and operational
methods that provide the greatest degree of protection
available. The director's determination of best achievable
protection must be guided by the critical need to protect the
state's natural resources and waters, while considering: The
additional protection provided by the measures, the
technological achievability of the measures, and the cost of
the measures.
(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 oil of any kind that is liquid
at atmospheric temperature and pressure and any fractionation
thereof, including, but not limited to, crude oil, petroleum,
gasoline, fuel oil, diesel oil, oil sludge, oil refuse,
biological oils and blends, 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.
[Statutory Authority: Chapters 90.56, 88.46, 90.48 RCW. 07-22-119 (Order 07-14), § 173-180-025, filed 11/7/07,
effective 12/8/07. Statutory Authority: RCW 88.46.160,
88.46.165, and chapter 90.56 RCW. 06-20-034 (Order 06-02), §
173-180-025, filed 9/25/06, effective 10/26/06.]