[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Notices]
[Pages 19239-19241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9156]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
Implement International Agreement for Deliveries to Tijuana, Baja
California, of a Part of Mexico's Colorado River Waters Through the
Southern California Aqueducts; Notice of Draft Finding of No
Significant Impact
AGENCY: United States Section, International Boundary and Water
Commission, United States and Mexico.
ACTION: Notice of draft Finding of No Significant Impact for a draft
Environmental Assessment.
-----------------------------------------------------------------------
SUMMARY: Based on a draft Environmental Assessment (EA), the United
States Section (U.S.) finds that the proposed action of implementing an
international agreement with the Government of Mexico through the
International Boundary and Water Commission (IBWC) to provide emergency
deliveries to Tijuana, Baja California, of a part of Mexico's Colorado
River water allotment through the Southern California aqueducts, is not
a major federal action that would
[[Page 19240]]
have a significant adverse effect on the quality of the human
environment. An environmental impact statement will not be prepared for
the project unless additional information which may affect this
decision is brought to the attention of the U.S. within thirty (30)
days of the date of this Notice. The draft Finding of No Significant
Impact (FONSI) and draft EA have been forwarded to the United States
Environmental Protection Agency and various Federal, State and local
agencies and interested parties. Your written (ATTN: Mr. Steve Fox,
USIBWC, 4171 N Mesa St, C-310, El Paso, TX 79902) or e-mailed
([email protected]) comments will be considered in the final
USIBWC decision on the proposed action. Your comments on the draft
FONSI and draft EA would be appreciated within 30 days after
publication in the Federal Register. These documents can be reviewed on
the USIBWC Home Page at http://www.ibwc.state.gov under ``What's New''
or at the San Diego Central Library, 820 ``E'' St.; City of San Diego,
Environmental Services Library, Ste. 130, 9601 Ridgehaven Court; Otay
Mesa Branch Library, 3003 Coronado Ave., San Diego; San Ysidro Public
Library, 101 West San Ysidro Blvd.; Civic Center Branch Library,
Eastlake Public Library, 365 F St., Chula Vista; and San Diego County
Libraries at the Casa de Oro Branch, 9628 Campo Road # L, Spring Valley
and at 1043 Elkelton Blvd., Spring Valley. A limited number of copies
are available for review and comment upon request from Mr. Fox at the
above address or e-mail or at (915) 832-4736.
The purpose of the proposed action is to arrange emergency
deliveries of a portion of Mexico's Colorado River water allocation
through the Southern California aqueduct system to the Tijuana water
distribution system under the terms of an international agreement. The
proposed action would alleviate some of the current water shortage in
Tijuana, with a population of about 1.3 million, and conditions that
could lead to serious public health and economic problems that may
impact inhabitants on both sides of the international boundary.
The emergency water deliveries would be made under the terms of a
Minute of the IBWC utilizing the existing facilities in the United
States. A minute is an international agreement of the IBWC. The
agreement will provide terms and conditions for the emergency
deliveries. The IBWC may conclude such agreements under the terms of
the United States/Mexico Treaty of 1944 (1944 Water Treaty). The U.S.
Commissioner of the IBWC is authorized to arrange such agreements in
the United States by the Act of August 19, 1935 (U.S. Congress, 1935)
and the American-Mexican Treaty Act of September 13, 1950, (U.S.
Congress, 1950).
The alternative is no action. The City of Tijuana is considering
improvements to their system. The Southern California agencies that
operate and maintain the Southern California aqueducts are willing and
able to make deliveries under emergency conditions.
The proposed five year emergency water deliveries would begin
during the spring of 2001 and would consist of a delivery to Tijuana of
a portion of the waters allotted to Mexico under the 1944 Water Treaty.
The waters are for use in Tijuana, Baja California. Conveyance will be
by means of aqueducts owned and operated by the Metropolitan Water
District (MWD) and the San Diego County Water Authority (SDCWA).
Emergency water deliveries to Mexico from the Southern California
aqueducts will be through pipelines and other facilities belonging to
the Otay Water District (OWD) up to a maximum rate of 0.6
m3/sec (14 mgd) during peak demand periods in Tijuana. The
delivery to Mexico, based on Mexico's request, not to exceed conveyance
system capacity, would use the existing emergency connection located at
the international boundary about 6.3 miles (10.1 km) east of the Otay
port-of-entry, on Otay Mesa, San Diego, California.
The final conveyance point to Mexico requires use of an existing
line to be replaced at Mexico's expense. This line to Mexico requires
the replacement of an 80-foot segment of existing 14-inch pipeline that
was initially installed as a temporary measure. Up to 120 feet of
deteriorated 24-inch pipeline will also be replaced. Therefore, a
maximum of approximately 200 linear feet of pipeline will be replaced,
between the OWD meter to the international border, with 24-inch
pipeline consistent with the remainder of OWD pipelines in the Otay
Mesa area. The upgrade in diameter that will occur through the
replacement of 14-inch diameter section of pipeline will require the
installation of a meter vault and bypass that will also include
backflow prevention and a small (less than 1,000 square foot) concrete
security building or fence. All pipeline and meter vault construction,
as well as completed facilities, will be located within the existing
30-foot wide OWD easement on the site which is accessible by existing
roads. This improvement facilitates the City of Tijuana's peak demand
of approximately 4.0 m3/sec (91 mgd) by the Comision Estatal
de Servicios Pubilico de Tijuana's (CESPT) system. The surface area of
the above ground structures will be approximately 260 ft2
(24 m2) and the area of the temporary land disturbance
(i.e., construction) will be about 3050 ft2 (283
m2).
Under the no action alternative, the City of Tijuana could
experience a water supply shortage lasting upwards of several days.
There could be the public health risk of illnesses attributed to water
shortages which could have an impact on communities on both sides of
the international boundary. Under another alternative, not considered
in the EA, is that for water supply expansion in the City of Tijuana by
Mexico. The responsible agencies in Mexico are evaluating alternative
sources of water for the region such that emergency water deliveries
would be needed until they can be constructed. Of the alternatives
considered, the proposed action is most compatible with the
responsibilities and powers of the United States Section IBWC in
implementing United States/Mexico agreements of the IBWC and does not
significantly affect the resources.
The detailed air quality analysis indicated project-related
pollutant will be at the threshold for some of the criteria pollutants.
The proposed action will be in compliance with San Diego Air Pollution
Control District (APCD) Rules and Regulations. The overall air
emissions impacts will be consistent with applicable ambient air
quality standards. An application was submitted by the OWD to the APCD
in May 2000 for a permit to increase operation of the three natural gas
engines that will be required to deliver the water to Mexico. Staff
plans to purchase specific equipment to continue the District's
practice of equipment standardization and to obtain the best, proven
engine and air pollution control technology. The APCD adopted revisions
to Rule 69.4.1 in November 2000, six months after submittal of the
original permit application to APCD. The revisions to APCD Rule 69.4.1
implement more stringent California state-mandated Best Available
Retrofit Control Technology (BARCT) requirements to further reduce
nitrogen oxide ( NOX) emissions in San Diego County that
will take full effect in 2002. OWD has determined that retrofitting
existing engines to meet the new emission guidelines and deliver the
water to Mexico will be cost prohibitive; therefore, OWD will purchase
new engines with Best Available Control Technology (BACT) [(i.e., with
new Caterpillar engines and non-selective catalytic reduction (NSCR)
and NOX emissions controls)] that will more
[[Page 19241]]
reliably and cost-effectively meet these new emission standards. OWD
has committed to purchasing equipment that is the best, proven
technology for accomplishing OWD purposes that will meet APCD
requirements. OWD is currently in the process of purchasing the
necessary engines and BACT in order to deliver the water to Mexico;
however, due to the timing of the APCD mandate relative to Rule 69.4.1
and the date when water will need to be delivered to Mexico, OWD will
be required to obtain a variance from APCD in order to operate the
existing engines without BARCT until the new engines with BACT are
installed, tested, and permitted. OWD will off-set or otherwise
mitigate the emissions allowed during the APCD variance consistent with
the terms and conditions of the variance as well as existing APCD rules
and regulations.
Based on the conformity determination made under 40 Code of Federal
Regulations (CFR) part 51.858, the Federal action will be in conformity
with the specific requirements and the purposes of the California
Ambient Air Quality Standards pursuant to the United States Section's
affirmative obligation under section 176(c) of the Clean Air Act in
accordance with the requirements of 40 CFR, Ch. I, part 51, subpart W.
The Federal action will be in compliance with the Clean Air Act and
California's compliance requirements for air quality resources.
The proposed project complies with all requirements of Federal
Statutes, executive orders and other statutes, regulations and
applicable permit, including the National Environmental Policy Act
(NEPA), United States Section's NEPA implementing procedures and the
California Environmental Quality Act (CEQA) because there will be no
significant project impacts. Project coordination on air quality and
all other resources, including cultural, biological, and any Federally
threatened and endangered species or habitats is being completed
concurrently by OWD and the United States Section for NEPA and CEQA
compliance.
This draft EA, ``Implement International Agreement for Deliveries
to Tijuana, Baja California, of a Part of Mexico's Colorado River
Waters Through the Southern California Aqueducts'' assesses the
potential impacts of the proposed action and its alternatives. No
significant adverse effects to the resources of the connecting
facilities, Otay Mesa, Southern California Aqueducts, Colorado River,
City of Tijuana, biological, archaeological, historical and other
cultural resources, water, air quality, environmental justice, energy,
and induced growth are expected by implementing the proposed action.
Based upon the results of the draft Environmental Assessment and
implementation of the proposed best available control technology and
air permit stipulations, it has been determined that the proposed
action will not have a significant adverse effect on the environment
and an Environmental Impact Statement is not warranted.
Dated: March 13, 2001.
William A. Wilcox, Jr.,
Attorney-Advisor (General).
[FR Doc. 01-9156 Filed 4-12-01; 8:45 am]
BILLING CODE 7010-01-P