{"operation":"document","citation":null,"title":"Environmentally Sensitive Areas","source_type":"rulemaking","agency":"Research and Special Programs Administration","status":"historical","official":true,"published_on":"1994-06-15","effective_on":null,"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.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-94-14465.json","markdown":"https://regulus.evalyn.ai/document/federal-register-94-14465.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-94-14465","source_url":"https://www.federalregister.gov/documents/1994/06/15/94-14465/environmentally-sensitive-areas","body":"Federal Register, Volume 59 Issue 114 (Wednesday, June 15, 1994) [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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-60-P","truncated":false,"body_characters":9051}