[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]
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