[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Proposed Rules]
[Pages 38173-38175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18024]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 195
[Docket RSPA-99-5455]
RIN 2137-AC34
Areas Unusually Sensitive to Environmental Damage
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of initiating pilot testing.
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SUMMARY: RSPA is pilot testing a model that identifies areas unusually
sensitive to environmental damage from a hazardous liquid pipeline
release, commonly referred to as unusually sensitive areas (USAs). The
USA model was created through a series of public workshops and the work
of the American Petroleum Institute (API). RSPA and API will be working
together on this pilot test. Other government agencies, environmental
groups, and academia will be evaluating the final results of this pilot
test. The pilot test will be conducted in three states: Texas,
Louisiana, and California. The purpose of the pilot testing is to
determine if the model can be used to identify and locate unusually
sensitive drinking water and ecological resources using available data
from government agencies and environmental organizations. The pilot
test will also help evaluate the USA model, determine if the model
identifies the majority of unusually sensitive drinking water and
ecological resources, and the appropriateness and accessibility of
environmental data to support the model. RSPA will publish for public
comment the results of the pilot test, technical analysis, and the
proposed USA model once the pilot test and analysis are complete.
ADDRESSES: Persons interested in receiving future information,
including copies of the final pilot results, should send their name,
affiliation, address, and phone number to Christina Sames, U.S.
Department of Transportation, Office of Pipeline Safety, 400 Seventh
Street SW, DPS-11, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Christina Sames, (202) 366-4561, or e-
mail christina.sames@rspa.dot.gov, about this document, or the Dockets
Unit, U.S. Department of Transportation, Plaza 401, 400 Seventh Street,
SW, Washington, DC 20590-0001, (202) 366-5046, for copies of this
document or other material in the docket, including material from
previous workshops. The public may also review material in the docket
by accessing the Docket Management System's home page at http://
dms.dot.gov. An electronic copy of any document published in the
Federal Register may be downloaded from the Government Printing Office
Electronic Bulletin Board Service at (202) 512-1661.
SUPPLEMENTARY INFORMATION:
Legislative History
The pipeline safety statute (49 U.S.C. 60109) requires the
Secretary of Transportation to prescribe standards that establish
criteria for identifying each hazardous liquid pipeline facility and
gathering line, whether or not the pipeline is subject to safety
regulation under 49 U.S.C. Chapter 601, located in an area that the
Secretary, in consultation with the Environmental Protection Agency
(EPA), describes as unusually sensitive to environmental damage in the
event of a hazardous liquid pipeline accident. When describing USAs,
the Secretary is to
[[Page 38174]]
consider areas where a pipeline rupture would likely cause permanent or
long-term environmental damage. These areas are to include:
1. Locations near pipeline rights-of-way that are critical to
drinking water, including intake locations for community water systems
and critical sole source aquifer protection areas; and
2. Locations near pipeline rights-of-way that have been identified
as critical wetlands, riverine or estuarine systems, national parks,
wilderness areas, wildlife preservation areas or refuges, wild and
scenic rivers, or critical habitat areas for threatened and endangered
species.
Public Workshops
RSPA has held five public workshops on USAs. Participants at the
workshops have included representatives from the EPA; the hazardous
liquid pipeline industry; the Departments of Interior, Agriculture,
Transportation, and Commerce; non-government agencies; academia; and
the public.
The first workshop was held on June 15 and 16, 1995, and focused on
criteria being considered to determine USAs (60 FR 27948, May 26, 1995;
Docket PS-140(a)). A second workshop held on October 17, 1995, focused
on developing a process that could be used to determine whether an area
is a USA (60 FR 44824, August 29, 1995; Docket PS-140(b)). The third
workshop on January 18, 1996, focused on guiding principles for
determining USAs (61 FR 342, January 4, 1996; Docket PS-140(c)). The
fourth workshop held April 10-11, 1996, (61 FR 13144, March 26, 1996;
Docket PS-140(d)) focused on criteria, components, and parameters of
terms that have been used when describing USAs and the scope and
objectives of additional USA workshops.
A fifth workshop was held June 18-19, 1996, (61 FR 27323, May 31,
1996; Docket PS-140(e)) and focused on identifying critical drinking
water resources and possible filtering criteria that could be used to
identify drinking water resources that are unusually sensitive to a
hazardous liquid pipeline release. The critical drinking water
resources that were identified in that workshop include public water
systems, wellhead protection areas, and sole source aquifers. Filtering
criteria include the depth and geology of a drinking water resource and
if the public water system has an adequate alternative drinking water
supply. Transcripts of and information presented at these public
workshops are in the Docket.
API Work
In addition to the five public workshops, the American Petroleum
Institute (API) held two meetings with technical experts to discuss
unusually sensitive ecological resources. The meetings were held on
October 23-24, 1996, and June 25-26, 1997. Representatives of RSPA,
EPA, the Departments of Interior, Commerce, and Agriculture, and The
Nature Conservancy attended these meetings. Attendees discussed
possible ecological USA candidates and filtering criteria that could be
used to determine which ecological resources are unusually sensitive to
damage from a hazardous liquid pipeline release. The significant
ecological resources that were identified during the meetings include
threatened and endangered species, critically imperiled and imperiled
species, depleted marine mammals, and areas containing a large percent
of the world's population of a migratory waterbird species. Filtering
criteria focused on the extent to which a species is endangered, areas
that are critical to multiple sensitive species, and areas where a
large percent of a species population could be impacted. Notes from
these technical meetings are in the Docket.
Guiding Principles
Attendees at the third public workshop identified guiding
principles to be used in the process of determining USAs. Government
agencies, industry, environmental groups and the public created these
guiding principles to help us identify which resources we should
concentrate on (areas of primary concern), determine which areas of
primary concern are the most sensitive to a hazardous liquid release,
decide how to collect and process resource data, and determine what
happens to USAs after they are identified. The guiding principles
created in the workshop discuss resources to be protected and a process
for identifying USAs. The following is the list of the guiding
principles that pertain to the pilot test:
Human health and safety and serious threat of
contamination are always to be considered.
A functional definition of significant must be developed
to determine USAs.
Only areas in the trajectory of a potential spill, e.g.
down gradient, should be considered.
It is expected that no pipeline operator will be required
to collect natural field resource data to determine USAs.
USAs should be subject to a systematic review process.
USAs may change through time as species migrate, change location or for
other reasons. The USA definition should be explicit and practical in
application.
All phases of the USA definition process should be pilot
tested for validity, practicality, and workability, to the extent
practical.
The government agencies must describe and identify USAs so
that the data will be applied consistently and will not be subject to
various interpretations. The standards and criteria for resource
sensitivity should be uniform on a national basis such that equivalent
resources receive equivalent sensitivity assessments regardless of
regionally based response priorities.
Sources of USA data must be readily available to the
public and uniform in criteria and standards. The standards and
criteria for resource sensitivity should be uniform on a national basis
so that equivalent resources receive equivalent sensitivity assessments
regardless of regionally based priorities.
In addition to the guiding principles, workshop attendees discussed
the following items, but did not consider them guiding principles:
Workshops for each phase of developing a USA definition
should include technical experts, representatives, and field personnel
with appropriate experience from agencies as well as from industry.
Public workshops should be used to gather information on
the criteria that will determine USAs.
The USA definition should be complete before its use in a
rulemaking.
The implementation of resource assessment and protection
under the USA definition could be phased.
All terms in the USA definition should be defined.
National consistency in application of the USA definition
should be the goal.
Guidelines for data quality should include consistency,
accuracy, and scope.
Encourage open communication with land or resource
managers in USAs.
The ranking of resources or adding of values of several
resources to reach a threshold USA quantity, as proposed in the May
1995 workshop, is not practical for many pipeline operators.
Pilot Test
RSPA and API will be working together on this pilot test. Other
Federal and state government agencies, environmental organizations, and
academia will be evaluating the final results of this pilot in a
technical
[[Page 38175]]
review. The purpose of the pilot test is to determine if the model can
be used to identify and locate unusually sensitive drinking water and
ecological resources using available data from government agencies and
environmental organizations.
RSPA and API will conduct the pilot test in the states of Texas,
California, and Louisiana. These states were chosen because of the
large number of liquid pipelines and drinking water and ecological
resources within these states. API will use the results of the pilot
test to create a voluntary industry guidance document on USAs. RSPA
will use the pilot results to verify that the model identifies the
majority of unusually sensitive areas, the accessibility and
appropriateness of environmental data to support the model, and to move
toward completing a definition of unusually sensitive areas.
The USA pilot test will include the following tasks:
Identify pertinent drinking water data that have been
created and maintained by Federal or state government agencies,
environmental groups, or private organizations. This includes data on
public drinking water systems, aquifers, sole source aquifers, wellhead
protection areas, alternative drinking water resources, and aquifer
vulnerabilities.
Identify pertinent ecological data that have been created
and maintained by Federal or state government agencies, environmental
groups, or private organizations. This includes data on threatened and
endangered species, critically imperilled and imperilled species,
depleted marine mammal species, and areas containing a large percentage
of the world's population of a migratory waterbird species.
Identify data on land features, such as the location of
wetlands, rivers, transportation networks, and water routes (including
flow direction).
Obtain, where possible, all pertinent drinking water,
ecological, and land feature data. Document all problems encountered in
gathering the data.
Determine if the obtained data can be used with the draft
USA model to identify and locate USAs. This would include reviewing the
data for accuracy, attributes, format, restrictions on use, and
determining if the resources and features were mapped with sufficient
precision.
Process the data, using a geographic information system
(GIS), according to the draft USA model. Identify all problems
encountered in processing the data.
Compare the USA pilot results to other preservation area
identification efforts, where possible, and to all threatened and
endangered specie areas.
Provide the final USA pilot results to other drinking
water and ecological resource experts within Federal and state
government agencies (e.g., the Departments of Interior, Agriculture,
Commerce, Environmental Protection Agency, state drinking water
agencies), academia, environmental organizations (e.g., The Nature
Conservancy, state heritage programs), and private industry for review
of whether the model results identify the majority of ``unusually''
sensitive areas within the three states.
Modify, if necessary, the USA model based on the pilot
test and comments received from drinking water and ecological resource
experts.
Publish the results of the pilot test, the technical
review, and the draft USA model for public comment.
Technical Review
Drinking water and ecological resource experts will conduct a
technical review of the pilot test to determine whether the model
results identify the majority of ``unusually'' sensitive areas within
the three states. These experts include the Department of Interior's
Office of the Secretary, Fish and Wildlife Service, and National Park
Service; the Department of Agriculture's Forest Service; the Department
of Commerce's National Marine Fisheries Service; the Environmental
Protection Agency's Office of Groundwater and Drinking Water, Office of
Solid Waste and Emergency Response, and regional offices; state nature
conservancies and heritage programs; state drinking water resource
agencies; academia and other environmental experts.
These peer reviewers will help to identify other data sets that
might be utilized and other resources that might be considered, and to
improve the model's capability to identify the majority of
``unusually'' sensitive areas within the three states. The technical
review will include experts that have not been directly involved in
drafting the USA model.
RSPA will publish for public comment the final pilot test results
and the USA model, including the criteria for defining unusually
sensitive drinking water and ecological resources. Persons interested
in receiving and reviewing this information should send their name,
affiliation, address, and phone number to Christina Sames, U.S.
Department of Transportation, Office of Pipeline Safety, 400 Seventh
Street SW, DPS-11, Washington, DC 20590-0001. RSPA will also publish
the final results of the USA pilot on the Office of Pipeline Safety's
Web page: http://ops.dot.gov. RSPA will use the final pilot results and
comments received to move toward completing a USA model and definition
through publication of a NPRM. RSPA intends to publish the NPRM by the
end of this year.
RSPA will also present the USA pilot project and its results to the
Technical Hazardous Liquid Pipeline Safety Standards Committee
(THLPSSC). The THLPSSC is responsible for reviewing proposed federal
hazardous liquid pipeline safety standards and reporting on their
feasibility, reasonableness, and practicability. Representatives on the
THLPSSC include the Minerals Management Service, City of Fredericksburg
Virginia, U.S. Department of Agriculture, U.S. Department of Commerce,
Virginia State Corporation Commission, Environmental Defense Fund, The
Nature Conservancy, Kenai Peninsula, Atlantic Consultants, Southwest
Research Institute, Buckeye Pipe Line, Lakehead Pipe Line, Kinder
Morgan Energy Partners, and Mobil Pipe Line.
Issued in Washington, DC.
Stacey L. Gerard,
Director, Policy, Regulations and Training.
[FR Doc. 99-18024 Filed 7-14-99; 8:45 am]
BILLING CODE 4910-60-P