[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Notices]
[Pages 44650-44652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21404]


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INTERNATIONAL BOUNDARY AND WATER COMMISSION


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 Final Finding of No 
Significant Impact

AGENCY: United States Section, International Boundary and Water 
Commission, United States and Mexico.

ACTION: Notice of availability of a final Finding of No Significant 
Impact and a final Environmental Assessment.

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SUMMARY: Based on the draft Environmental Assessment (EA) and the 
comments received, 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 have a significant adverse effect on the quality of 
the human environment. An environmental impact statement will not be 
prepared for the project. The final Finding of No Significant Impact 
(FONSI) and final EA have been forwarded to the United States 
Environmental Protection Agency and various Federal, State and local 
agencies and interested parties for information only. No comments are 
requested. The Notice of Availability of a FONSI is being published in 
the Federal Register. The documents are on the USIBWC Home Page at 
http://www.ibwc.state.gov under ``What's New'' and are 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

[[Page 44651]]

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 hard copies are available upon 
request from Mr. Fox at the above address, e-mail 
[email protected] 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 2002 and would consist of deliveries 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, including those belonging to 
the Otay Water District (OWD), up to a maximum rate of 0.6 m\3\/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 approximately 80-foot segment of existing 14-inch 
pipeline that was initially installed as a temporary measure. Up to 
about 120 feet of deteriorated 24-inch pipeline will also be replaced. 
Therefore, a maximum of approximately 200 linear feet of pipeline will 
be replaced, in the area of the OWD meter and in the area between the 
international boundary fence and the secondary fence, with 24-inch 
pipeline consistent with the remainder of the OWD pipeline. The project 
work includes the upgrade in diameter of the 14-inch diameter section 
of pipeline and the installation of a meter and backflow prevention 
facility on a small (approximately 1,300 square foot) concrete pad with 
security fence. All pipeline and backflow prevention 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 m\3\/sec (91 mgd) by the Comision Estatal de 
Servicios Publicos de Tijuana's (CESPT) system. The surface area of the 
above ground structures will be approximately 1,300 ft\2\ (121 m\2\) 
and the area of the temporary land disturbance (i.e., construction) 
will be about 3,050 ft\2\ (283 m\2\).
    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 environmental resources.
    The detailed air quality analysis indicated project-related 
pollutants 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. The 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 
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. The mitigation is for use of the old

[[Page 44652]]

pumps while new pumps are installed, tested and permitted.
    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. 1, 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 permits, including the National Environmental Policy Act 
(NEPA), the 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 by 
United States Section and SDCWA for NEPA and CEQA compliance.
    This final EA, ``Implement International Agreement for Deliveries 
to Tijuana, Baja California, of a Part of Mexico's Colorado River 
Waters Through the Southern California Aqueducts'' documents the 
assessment of the potential impacts of the proposed action and its 
alternatives. No significant adverse affects to the resources of the 
connecting facilities, Otay Mesa, delivery facilities, 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 final Environmental Assessment, 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.

    August 15, 2001.
William A. Wilcox, Jr.
Attorney-Advisor (General).
[FR Doc. 01-21404 Filed 8-23-01; 8:45 am]
BILLING CODE 7010-01-P