[Federal Register Volume 65, Number 228 (Monday, November 27, 2000)]
[Notices]
[Pages 70698-70699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30127]



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DEPARTMENT OF COMMERCE


National Oceanic and Atmospheric Administration

Notice of Intent To Conduct Restoration Planning

AGENCIES: National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce; U.S. Fish and Wildlife Service, U.S. Department 
of the Interior; State of Maryland Department of the Environment; and 
State of Maryland Department of Natural Resources
SUMMARY: The agencies listed above (the Trustees) are providing notice 
of their efforts to plan restoration actions for injuries to natural 
resources in Swanson Creek and the Patuxent River caused by the April 
7, 2000, release of 126,000 gallons of oil from a ruptured pipeline 
owned by Potomac Electric Power Company (Pepco). The pipeline supplied 
oil to Pepco's Chalk Point Generating Station and is managed by Support 
Terminal Services Operating Partnership (ST Services). The purpose of 
this restoration planning is to evaluate potential injuries to natural 
resources and services, and use that information to determine the need 
for and scale of restoration actions.
    The Trustees seek public involvement in the restoration planning 
process for this spill. Opportunities for public comment are provided 
through public review and comment on documents contained in the 
Administrative Record, as well as on the Draft and Final Restoration 
Plans when they have been prepared.

SUPPLEMENTARY INFORMATION:

Pipeline Break and Oil Spill Incident

    On April 7, 2000, a break in the pipeline that supplies oil to the 
Pepco Chalk Point Generating Station released an estimated 126,000 
gallons of oil into Swanson Creek and the surrounding marsh area. A 
storm during the night of April 8, 2000, blew the oil over the 
containment booms that were placed at the mouth of Swanson Creek and 
into the Patuxent River and its tributaries. As a result, the oil 
spread about 10 miles, primarily downstream of the spill location.
    Since the spill, the Trustees' have initiated a number of 
preassessment data collection activities. Findings demonstrate or 
suggest four general areas of natural resource injuries: (1) Wetlands 
and shorelines; (2) fisheries and other aquatic resources; (3) birds 
and wildlife; and (4) lost interim use of public services. The Trustees 
have implemented or are developing studies to assess the extent of 
these injuries.
    The natural resource Trustees for this oil spill incident are the 
U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration (NOAA); U.S. Department of the Interior, Fish and 
Wildlife Service (FWS); State of Maryland Department of the Environment 
(MDE); and State of Maryland Department of Natural Resources (MDNR). 
The Trustees are designated pursuant to the National Contingency Plan, 
40 C.F.R. 300.600 and 300.605.
    The Responsible Parties (RP's) for this incident are Pepco, the 
pipeline owner, and ST Services, the manager of the pipeline. To date, 
the RP's have cooperated with the Trustees in the performance and/or 
funding of response, cleanup and preassessment data collection 
activities.

Administrative Record

    The Trustees have opened an Administrative Record (Record) in 
compliance with 15 CFR 990.45. The Record will include documents relied 
upon by the Trustees during the assessment performed in conjunction 
with the incident. To date, the Record contains:
    (1) A copy of this notice;
    (2) A letter from the Trustees to Pepco inviting their 
participation in a cooperative natural resource damage assessment;
    (3) A letter from the Trustees to ST Services inviting their 
participation in a cooperative natural resource damage assessment; and
    (4) A letter to the Trustees from ST Services indicating their 
willingness to participate in a cooperative natural resource damage 
assessment.
    The Record is on file at the NOAA Damage Assessment Center in 
Silver Spring, Maryland. Duplicate copies will be maintained for public 
review at the following locations:

Calvert County, Swanson Creek Command Center, Calvert County Industrial 
Park 230 Bugeye Square, Prince Frederick, MD 20678
St. Mary's County, Pepco Community Outreach Center, Light Point 
Commerce Center, 30383 Three Notch Road, Charlotte Hall, MD 20622
Information Resource Center, Maryland Department of Natural Resources 
580 Taylor Avenue, B-3, Annapolis, MD 21401

Trustees' Determination of Jurisdiction:

    Following the notice of the pipeline break and oil discharge, the 
Trustees initiated preassessment data collection activities. The 
following determinations were made as required by 15 CFR 990.41:
    (1) The spill of approximately 126,000 gallons of fuel oil from the 
pipeline on April 7, 2000, into the Swanson Creek Marsh, Swanson Creek, 
and the Patuxent River was an incident as defined at 15 CFR Section 
990.30.
    (2) The incident was not permitted under Federal, state, or local 
law; it did not occur from a public vessel; and it did not occur from 
an offshore facility subject to the Trans-Alaska Pipeline Authority 
Act, 43 U.S.C. 1651, et seq.
    (3) Based upon information gathered during the response and 
preassessment phases, the Trustees have determined that natural 
resources under the trusteeship of NOAA, DOI, and Maryland, have been 
injured as a result of the incident. The oil released contains 
components that are toxic at sufficiently high exposure levels to 
aquatic organisms, birds, wildlife, and vegetation. In addition, the 
Trustees observed birds, marshes and aquatic organisms that were 
exposed to the oil from this discharge.
    Based on the above findings, the Trustees made the determination 
that they have jurisdiction to pursue restoration pursuant to the Oil 
Pollution Act, 33 U.S.C. 2702 and 2706 (b)-(c).

Trustee Determination to Conduct Restoration Activities:

    For the reasons discussed below, the Trustees have made the 
determination required by 15 C.F.R. Section 990.42(a) and are 
proceeding with restoration planning to develop restoration 
alternatives that will restore, replace, rehabilitate, or acquire the 
equivalent of natural resources injured and/or natural resource 
services lost as a result of this incident.
    (1) Injuries have resulted from the incident. The Trustees base 
this determination upon data collected and analyzed pursuant to 15 CFR 
Section 990.43 that demonstrate that injuries to natural resources are 
likely to have resulted from the incident, including, but not limited 
to, the following:
    (A) Wetlands and Shorelines: Spilled oil spread throughout Swanson 
Creek and about 10 miles downstream from Chalk Point, oiling 
approximately 25 miles of shoreline and 75 acres of wetlands. As part 
of the response, data was collected on types of shorelines impacted and 
degree(s) of oiling. This work, along with aerial photography and field 
measurements, will be used to define the extent and degree of impact.
    (B) Birds and Wildlife: Oiled birds, mammals, reptiles and 
amphibians were collected during the response. Ruddy

[[Page 70699]]

ducks and muskrats were the two biggest categories of oiled animals. 
Ospreys and great blue herons were also found oiled but to a lesser 
extent. The diamondback terrapin is a resource of special concern to 
the State of Maryland; both adults and nesting beaches for this species 
were oiled as a result of the spill. The Trustees are continuing to 
monitor the nesting success of ospreys and great blue herons and will 
develop studies to determine the impact of the spill on the muskrats 
and diamondback terrapins.
    (C) Shellfish, Finfish and Crabs: The watershed provides valuable 
spawning and nursery habitat for anadromous species such as striped 
bass, white perch and herring, all of which were entering their 
spawning period at the time of the spill. The effect of the spill on 
these species will be determined during the damage assessment.
    (D) Lost Use: MDE issued fishing, shellfishing, and crabbing 
advisories and closures immediately following the spill. These areas 
have since been reopened. In addition, sections of the river and its 
tributaries were closed to boat traffic as part of the response.
    (2) Response actions during clean up have not adequately addressed 
the injuries resulting from the incident. Although response actions 
were initiated promptly, the nature of discharge and the sensitivity of 
the environment precluded prevention of injuries to some natural 
resources. It is anticipated that injured natural resources will 
eventually return to baseline levels, but there is a potential for 
significant interim losses to have occurred and to continue to occur, 
until return to baseline is achieved.
    (3) Feasible primary and compensatory restoration exists to address 
injuries from this incident. Among the available procedures are marsh 
injury assessment studies to be used in conjunction with Habitat 
Equivalency Analysis to determine compensation for injuries to marsh 
vegetation and marsh services. Other approaches are available for 
evaluating injuries to fauna such as migratory birds. Components of a 
restoration plan may include wetland habitat enhancement, water quality 
improvement projects, bird and wildlife enhancement activities and 
compensation for lost human use.
    Public Involvement: Pursuant to 15 CFR 990.44, the Trustees seek 
public involvement in restoration planning through public review and 
comment on the documents contained in the Administrative Record. 
Comments should be sent to Jim Hoff, NOAA Damage Assessment Center, 
Room 10218, 1305 East West Highway, Silver Spring, MD 20910-3281, (301) 
713-3038 ext. 188.

FOR FURTHER INFORMATION CONTACT:
Jim Hoff, NOAA Damage Assessment Center, Room 10218, 1305 East-West 
Highway, Silver Spring, MD 20910-3281; (301) 713-3038 ext. 188.
Beth McGee, U.S. Fish and Wildlife Service, 177 Admiral Cochrane Drive, 
Annapolis, MD 21401; (410) 573-4524.
Carolyn V. Watson, Maryland Department of Natural Resources, Tawes 
State Office Bldg, 580 Taylor Avenue C4, Annapolis, MD 21401; (410) 
260-8113.
Bob Summers, Maryland Department of the Environment, 2500 Broening 
Hwy., Baltimore, MD 21224; (410) 631-3680.

    Dated: November 3, 2000
Margaret A. Davidson
Acting Assistant Administrator for Ocean Services and Coastal Zone 
Management.
[FR Doc. 00-30127 Filed 11-24-00; 8:45 am]
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