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PDFWAC 173-186-040


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.
[Statutory Authority: RCW 90.56.210. WSR 20-01-097 (Order 18-04), § 173-186-040, filed 12/12/19, effective 1/18/20; WSR 16-18-052 (Order 15-14), § 173-186-040, filed 8/31/16, effective 10/1/16.]
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