[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14465]
[[Page Unknown]]
[Federal Register: June 15, 1994]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 194
[Docket PS-130B; Notice 2]
RIN 2137-AC34
Environmentally Sensitive Areas
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of public meeting.
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SUMMARY: RSPA invites representatives of industry, state and local
government, and the public to an open meeting on ``environmentally
sensitive areas.'' The purpose of this meeting is to gather information
which will allow RSPA to establish criteria for the identification of
environmentally sensitive areas on or near hazardous liquid pipelines.
Such criteria are needed to carry out the requirements of the Oil
Pollution Act and the Pipeline Safety Act of 1992.
DATES: The meeting will be held on June 28, 1994, from 9:00 a.m.--4:00
p.m. Persons unable to attend may submit written comments in duplicate
by August 1, 1994. Interested persons should submit as part of their
written comments all of the material that is considered relevant to any
statement of fact or argument made.
ADDRESSES: The meeting will be held at the U.S. Department of
Transportation, Nassif Building, 400 Seventh Street SW., Room 2230,
Washington, DC. Non-federal employee visitors are admitted into the DOT
headquarters building through the southwest quadrant entrance at
Seventh and E Streets.
Written comments must be submitted in duplicate and mailed or hand
delivered to the Dockets Unit, Room 8421, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
Please identify the docket and notice numbers stated in the heading of
this notice.
All comments and materials cited in this document will be available
for inspection and copying in room 8421 between 8:30 a.m. and 4:30 p.m.
each business day. The transcript of the meeting will be available
approximately three weeks after the meeting.
FOR FURTHER INFORMATION CONTACT: Christina Sames, (202) 366-4561,
regarding the subject matter of this notice, or the Dockets Unit, (202)
366-5046, regarding copies of this notice or other material referenced
in this notice.
SUPPLEMENTARY INFORMATION:
The Oil Pollution Act of 1990
On January 5, 1993, RSPA published an Interim Final Rule (IFR)
(``Response Plans for Onshore Oil Pipelines;'' 58 FR 244; Docket No.
PS-130; 49 CFR part 194), to implement the requirements of the Oil
Pollution Act of 1990 (Pub. L. No. 101-380; 104 Stat. 484; OPA). The
IFR requires operators of onshore pipelines that handle, store, or
transport oil and, because of their location, could reasonably be
expected to cause ``substantial harm'' or ``significant and substantial
harm'' to the environment by discharging oil into or on any navigable
waters or adjoining shorelines, to prepare and submit oil spill
response plans for a worst case discharge or the substantial threat of
a worst case discharge. The purpose of these requirements is to improve
response capabilities and to reduce the environmental impact of oil
discharged from onshore oil pipelines.
The IFR requires operators to identify the areas potentially
affected by their pipeline which are of greatest vulnerability to an
oil discharge, including navigable waters, public drinking water
intakes, and environmentally sensitive areas. The IFR defined
environmentally sensitive areas as ``an area of environmental
importance which is in or adjacent to navigable waters.'' The IFR
stated these areas may include wetlands, national parks, wilderness and
recreational areas, wildlife refuges, marine sanctuaries, and
conservation areas.
RSPA received ten comments to the docket on the part 194 definition
of environmentally sensitive areas. The American Petroleum Institute
submitted a proposed definition for environmentally sensitive areas.
Three commenters requested that RSPA revise the part 194 definition to
be consistent with definitions used elsewhere. Three commenters
requested that RSPA revise the part 194 definition to define
environmentally sensitive areas as areas where a release has the
potential to cause significant long-term environmental harm or
represents an imminent threat to human health. Two commenters requested
that the definition of environmentally sensitive areas be more
specific, and another commenter requested that RSPA broaden the
definition to include wildlife habitats.
The Pipeline Safety Act of 1992
Section 202(a) of the Pipeline Safety Act of 1992 (Pub. L. 102-508;
October 24, 1992; PSA) requires the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, to issue
regulations establishing criteria for the identification, by operators
of pipeline facilities and gathering lines, of all pipeline facilities
and gathering lines that are located in an area that is ``unusually
sensitive to environmental damage in the event of a pipeline
accident.'' In describing areas that are unusually sensitive to
environmental damage, the Secretary is to consider including earthquake
zones and areas subject to substantial ground movements, such as
landslides; areas where ground water contamination would be likely in
the event of the rupture of a pipeline facility; freshwater lakes,
rivers, and waterways; and river deltas and other areas subject to soil
erosion or subsidence from flooding or other water action, where
pipeline facilities are likely to become exposed or undermined.
Section 202 of the PSA directs the Secretary to issue regulations
requiring operators to carry out these identifications of
environmentally sensitive areas through maps and a pipeline inventory.
RSPA has scheduled a separate rulemaking on the creation of such
inventories and maps (see Unified Agenda; 59 FR 20662; April 25, 1994).
Revised Definition: In view of the comments we received on the IFR
and in view of the requirements of the PSA, RSPA invites comments on
the following definition of an environmentally sensitive area:
``Environmentally sensitive area'' means any of the following
areas where the release of a hazardous liquid from a pipeline could
create significant long-term environmental harm or represents an
imminent threat to human health:
A. Community water intakes as defined by the Safe Drinking Water
Act regulations, 40 CFR 141.2;
B. Freshwater lakes, rivers and waterways;
C. State or Federal wetlands, parks, natural areas, wilderness
areas, wild or scenic rivers, wildlife refuges or wildlife
sanctuaries specifically designated, identified, and located by the
Area Contingency Plans; or
D. River deltas and other areas subject to soil erosion or
subsidence from flooding or other water action, where pipeline
facilities are likely to become exposed or undermined.
A public meeting will be held to collect information on any of the
matters described above. RSPA is particularly requesting comment on the
following questions:
(1) Is the above definition adequate for use under part 194?
(2) If the definition is not adequate, what other criteria should
be used to identify environmentally sensitive areas?
(3) Would a definition adopted for use under part 194 be adequate
for use in amending the requirements of 49 CFR part 195, as required
under Sec. 202 of the PSA?
(4) Are there standards, tests, or guidelines available to rank
environmentally sensitive areas in terms of the risks posed to those
areas by a release of a hazardous liquid ?
(5) Would the above definition change the cost of compliance with
part 194? If yes, by what amount?
Interested persons are invited to attend the meeting and present
oral or written statements on the matters set for the meeting. Any
person who wishes to speak should notify Christina Sames at the above
address and phone number. Please estimate the time that will be needed
to speak. RSPA requests the right to limit the time of each speaker, if
necessary, to ensure that everyone who requests an opportunity to speak
is given one. Interested persons that are not scheduled to comment will
have an opportunity to comment only after approval of the meeting
officer. Written comments may be submitted either at the meeting or by
mail to the above address.
Since this meeting concerns an open rulemaking on part 194, RSPA
will consider all comments in developing a final definition of
``environmentally sensitive areas'' for part 194. The meeting is not
intended to reopen the docket for comment on other subjects.
Issued in Washington, DC on June 9, 1994.
George W. Tenley, Jr.,
Associate Administrator for Pipeline Safety.
[FR Doc. 94-14465 Filed 6-14-94; 8:45 am]
BILLING CODE 4910-60-P
