Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part I - PURPOSE, APPLICABILITY, AUTHORITY AND DEFINITIONS › Section 173-186-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the
				  definitions in chapters 90.56 RCW, 173-182 WAC and the following apply to this
				  chapter.
"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.
"Cargo"
means goods or services carried as
				  freight for commerce.
"Facility"
means:
(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) 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 the department 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.
"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.
"Owner"
or
"operator"
means, in the
				  case of a railroad, any person owning or operating the railroad. Operator does
				  not include any person who owns the land underlying a railroad if the person is
				  not involved in the operations of the railroad.
"Planning standards"
means goals and criteria
				  that ecology will use to assess whether a plan holder is prepared to respond to
				  the maximum extent practicable to a worst case spill. Ecology will use planning
				  standards for reviewing oil spill contingency plans and evaluating
				  drills.
"Rail plan holder"
means a person who submits
				  and implements a railroad contingency plan consistent with
				  RCW
				  90.56.210 on the person's own behalf or on
				  behalf of one or more persons.
"Spill management team"
means representatives
				  and assigned personnel who are qualified and capable of integrating into an
				  incident command system or unified command system and managing a spill.
"Tank car"
means a rail car, the body of which
				  consists of a tank for transporting liquids.
"TYPE A"
means any railroad classification
				  transporting oil in bulk that is crude oil regardless of volume.
"TYPE B"
means any railroad classification
				  transporting oil in bulk that is not crude oil in an amount of forty-nine or
				  more tank car loads per year.
"TYPE C"
means any railroad classification
				  transporting oil in bulk that is not crude oil in an amount less than
				  forty-nine tank car loads per year.
"Wildlife response service provider"
means
				  representatives and assigned personnel who are qualified and capable of
				  assuming the responsibilities of the wildlife branch during an oil
				  spill.
"Worldwide response resource list (WRRL)"
means
				  an equipment list established and maintained by spill response equipment
				  owners.
"Worst case spill"
means, in the case of a
				  railroad, a spill that includes the entire fuel capacity of the locomotive and
				  the entire cargo capacity of the largest number of cargo rail cars carried by
				  the railroad, based on seven hundred fourteen barrels per tank car, complicated
				  by adverse weather conditions unless ecology determines that a larger or
				  smaller volume is more appropriate given a particular facility's site
				  characteristics and storage, unique operations, industry spill history and
				  transfer capacity.