[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]


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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.

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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