Areas Unusually Sensitive to Environmental Damage

Passage 1[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)] [Proposed Rules] [Pages 27948-27954] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-12964] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration Areas Unusually Sensitive to Environmental Damage AGENCY: Research and Special Programs Administration (RSPA), DOT. ----------------------------------------------------------------------- SUMMARY: RSPA invites industry, State and local government representatives and the public to a workshop on unusually sensitive environmental areas. The workshop's purpose is to openly discuss the criteria being considered by RSPA to determine areas unusually sensitive to environmental damage from a hazardous liquid pipeline release. The criteria are needed to carry out statutory requirements. DATES: The workshop will be held on June 15, 1995 from 8:30 a.m. to 4 p.m. and on June 16, 1995 from 8:30 a.m. to 12 p.m. Persons who want to participate in the workshop should call (703) 267-3666 or e-mail their name, affiliation, and phone number to [email protected] as space is limited. Persons who are unable to attend may submit written comments in duplicate by June 26, 1995. Interested persons should submit as part of their written comments all material that is relevant to a statement of fact or argument. ADDRESSES: The workshop 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 entrance at Seventh and E Streets, SW. 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 refer to 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. A transcript of the workshop will be available from the Dockets Unit about three weeks after the workshop.#

Passage 2FOR FURTHER INFORMATION CONTACT: Christina Sames, (202) 366-4561, about [[Page 27949]] this document, or the Dockets Unit, (202) 366-5046, for copies of this document or other materials in the docket. SUPPLEMENTARY INFORMATION: 49 U.S.C. 60109 requires the Secretary of Transportation (Secretary) to: Consult with the Environmental Protection Agency (EPA) and describe areas that are unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, and Establish criteria for identifying each hazardous liquid pipeline facility and gathering line, whether otherwise subject to regulation, located in an area 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: Earthquake zones and areas subject to substantial ground movements, such as landslides; Areas where ground water contamination would be likely if a pipeline facility ruptures; 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 be exposed or undermined. Identification of these unusually sensitive environment areas will be used by RSPA in future rulemakings that are directed at such areas. For instance, 49 U.S.C. 60109 (a)(2) directs the Secretary to require operators to identify unusually sensitive environmental areas through maps and pipeline inventories. 49 U.S.C. 60102(f)(2) requires the Secretary to require each pipeline in an unusually sensitive environmental area to be inspected periodically and to prescribe when an instrumented internal inspection device should be used to inspect the pipeline.#

Passage 3The purpose of the public workshop is for RSPA and participants to interactively discuss areas unusually sensitive to environmental damage from a hazardous liquid pipeline release and will focus on the following: 1. How to establish criteria which will narrow the number of unusually sensitive environmental areas for pipeline safety purposes. 2. How to establish a process which operators can use to identify, using readily available data, which of their pipeline facilities are located in an unusually sensitive environmental area. 3. How can RSPA and other Federal and State agencies facilitate the identification of pipeline facilities in unusually sensitive environmental areas in a timely and cost beneficial manner.#

Passage 4There is not a national process to define environmentally sensitive areas for Federal, State, and local governments. Many Federal, State, and local laws refer to environmentally sensitive areas for protection from various actions. The environmentally sensitive area definitions these government agencies have created could be interpreted to include most of the United States. To meet the intent of 49 U.S.C. 60109 without creating an undue burden on the pipeline industry, RSPA believes a narrow, risk-based definition for unusually sensitive areas is required. Therefore, RSPA is considering an approach that builds on values other Federal agencies have established for activities required under the Oil Pollution Act of 1990, but that more narrowly identifies areas that are unusually sensitive to environmental damage from a hazardous liquid pipeline release. RSPA believes operators should be given credit for equipping their pipeline systems to quickly detect and respond to a hazardous liquid release. RSPA also believes operators should be allowed to determine the areas that could reasonably be expected to be significantly affected if there were a hazardous liquid release from their pipeline. Therefore, RSPA is considering including only those areas where a release of hazardous liquid would reach the area before the release was contained or before the area was protected as unusually sensitive to environmental damage from a hazardous liquid pipeline release. To establish clear priorities for protecting a large number of areas, RSPA is considering three tiers of unusually sensitive areas. Tier One, areas that could affect human health if contaminated, would be considered the most sensitive and the highest priority areas. Tier Two, unusually sensitive areas along surface water, would be the second highest priority. Tier Three, unusually sensitive areas within terrestrial environments, would be the third highest priority. RSPA believes the three tiers could be phased in to give operators more time to determine the unusually sensitive areas that could be affected by a hazardous liquid pipeline release. This will reduce the burden on industry and will give RSPA time to work with other government agencies to help determine unusually sensitive areas. The following explains the criteria under each of the tiers being considered for identifying areas unusually sensitive to envi#

Passage 5ronmental damage from a hazardous liquid pipeline release. RSPA invites discussion on all topics addressed in this public workshop notice. 1. Tier One: Areas That Could Affect Human Health if Contaminated A. Intakes for Community Drinking Water Systems Public safety is RSPA's number one concern. A hazardous liquid pipeline failure can threaten human health if the hazardous liquid enters a community's drinking water system. Therefore, intakes for community water systems, as defined in the Safe Drinking Water Act regulations, 40 CFR 141.2, that a hazardous liquid pipeline accident could reasonably be expected to affect, are the highest priority in the definition being considered. The potential risk to a community water system is greatly reduced when a pipeline system is equipped to quickly detect and respond to a hazardous liquid release. A pipeline system's ability to contain a hazardous liquid release before the liquid reaches a community water system intake greatly minimizes the contamination risk. Prompt detection of a hazardous liquid release and prompt notification of water authorities allows for the shut down of the community water intakes that could reasonably be expected to be affected until the danger of hazardous liquid contamination passes. Therefore, only community water system intakes where water currents, topography, or other factors could carry a hazardous liquid release to the community water intake zone before the hazardous liquid is contained or before the community water system intake is closed would be considered unusually sensitive environmental areas.#

Passage 6EPA defines a sole source aquifer as one that supplies at least half of the drinking water consumed in the area above the aquifer. EPA guidelines state that designated sole source aquifer areas have no alternative sources or combination of sources that could physically, legally, and economically supply all those who get their drinking water from the aquifer. A hazardous liquid pipeline failure can threaten human health if the hazardous liquid enters a sole source aquifer. Therefore, RSPA believes that [[Page 27950]] EPA designated sole source aquifers should be considered when determining areas unusually sensitive to environmental damage from a hazardous liquid pipeline accident. RSPA realizes that not all sole source aquifers could reasonably be expected to be significantly affected by a hazardous liquid pipeline accident. A hazardous liquid release's ability to affect a sole source aquifer will depend on many factors, including the aquifer's depth, the soil's permeability, the geologic formations surrounding the aquifer, and the amount of hazardous liquid that could be discharged. RSPA believes that only sole source aquifers that a hazardous liquid pipeline accident could reasonably be expected to significantly affect should be considered areas unusually sensitive to environmental damage from a hazardous liquid pipeline accident. 2. Tier Two: Unusually Sensitive Areas Along Surface Water#

Passage 7Surface water will carry a discharge from a hazardous liquid pipeline to community drinking water systems and to other areas unusually sensitive to environmental damage. Because surface water covers a large portion of the United States and not all areas in a body of water and along the water's edge have the same environmental sensitivity, RSPA is considering a risk-based approach to identify the areas along surface water that are unusually sensitive to environmental damage from a hazardous liquid pipeline release. In order to prioritize areas of greatest environmental concern, this approach takes into account the surface water habitat's natural ability to restore itself to the condition that existed before the release, and the biological and human use resources in the body of water and along the water's edge. RSPA is considering two categories of surface water to determine areas unusually sensitive to environmental damage: (A) intertidal, large and medium rivers, and large lakes and (B) small rivers and lakes, streams, ponds, and other surface water. RSPA believes that Tier Two could be phased in after Tier One (The identification of areas that could affect human health if contaminated) is completed. This will reduce the burden on industry and will give RSPA time to work with other government agencies to help determine the unusually sensitive areas along surface water. A. Intertidal, Large and Medium Rivers, and Large Lakes#

Passage 8The National Oceanic and Atmospheric Association (NOAA) and the EPA have developed a ten point scale that ranks estuarine, lacustrine, and medium and large sized riverine shoreline habitat sensitivity to oil spills (see Table 1). This scale is based on their studies of oil spills' effects on shoreline habitats. The ten point scale ranks habitats according to their sensitivity to an oil spill, natural persistence of oil, and ease of cleanup. RSPA believes this criteria should be used to rank the habitats along intertidal waters, large and medium rivers, and large lakes that a hazardous liquid pipeline release could affect. NOAA and EPA have identified large lakes as those large enough to form natural, wave built beaches (where the distance over which the wind blows to generate waves is long enough, and thus the wind-generated waves are large enough, to form beaches along the shoreline). Resource areas, including biological and human-use, need to be considered to narrowly determine areas that are unusually sensitive to environmental damage from a hazardous liquid pipeline accident. Biological resource areas may include critical habitats for endangered or threatened species, critical nesting and spawning areas, and wilderness areas. Human-use resources may include officially designated natural resource management areas, resource extraction sites, high recreational use and access areas, and archeological and cultural sites. RSPA believes that the shoreline habitat, the biological resource areas, and the human use resources should be evaluated to determine if an area is unusually sensitive to environmental damage. Table 2 outlines a list of areas to be considered. Directly below each area is a numerical sensitivity rating to be considered. An operator would determine if an area is unusually sensitive to environmental damage by determining the habitat's sensitivity ranking (Table 2, column 1), the biological resource area ranking (Table 2, column 2), and the human-use resource area ranking (Table 2, column 3). Combining the habitat, the biological resource area, and the human use resource area rankings determines if an area is unusually sensitive. RSPA believes that areas with a combined numerical ranking of 15 points or more should be considered unusually sensitive. B. Small Rivers and Lakes, Streams, Ponds, and Other Surface Water#

Passage 9As one progresses landward up major rivers, the streams, ponds, and wetlands become so narrow and shallow that even small spills may contaminate the whole system. NOAA and EPA have recommended as a cut off the point where a 20,000 gallon spill would affect the water body from bank to bank and the entire water column. From this point on upstream, it is not useful to classify the habitat sensitivity of sections along the water way. Therefore, RSPA is considering the entire watershed upstream of the point on the main stream where the habitat sensitivity ranking is no longer useful as a single habitat sensitivity, and that the entire watershed upstream of this point be given a habitat ranking of 9 points. RSPA believes that the biological resource areas and the human use resources within the watershed upstream of the cutoff point should be evaluated to determine if an area is unusually sensitive to environmental damage. Table 3 outlines a list of areas to be considered. This list of areas is identical to the list of areas in Table 2, columns 2 and 3. Directly below each area is a numerical sensitivity rating. An operator would determine if an area is unusually sensitive to environmental damage by determining the biological resource area ranking (Table 3, column 1) and human-use resource area ranking (Table 3, column 2) within the watershed area. Combining the habitat ranking of 9 points, the biological resource area ranking, and the human use resource ranking determines if an area is unusually sensitive; areas with a combined numerical ranking of 15 points or more would be considered unusually sensitive. 3. Unusually Sensitive Areas Within Terrestrial Environments#

Passage 10RSPA is considering an approach for identifying unusually sensitive environmental areas in terrestrial environments that is similar to the approach for identifying unusually sensitive environmental areas along surface water. RSPA believes that the biological resource areas and the human use resources should be studied to determine if a given area is unusually sensitive to environmental damage from a hazardous liquid pipeline accident. However, RSPA believes the terrestrial habitat's sensitivity should not be ranked for its natural ability to restore itself to the condition that existed before the release. Therefore, only the biological resource areas and the human use resource areas would be studied to determine if a given area is unusually sensitive to environmental damage from a hazardous liquid pipeline release. Table 4 recommends a list of areas to consider. Directly below each area is a numerical sensitivity rating. An operator would determine if an area is unusually sensitive to environmental [[Page 27951]] damage by evaluating the biological resource area and the human-use resource area rankings. Combining these two rankings, biological resource area ranking and human use resource area ranking, determines if an area is unusually sensitive. Areas with a combined numerical ranking of 11 points or more would be considered unusually sensitive to environmental damage from a hazardous liquid pipeline accident. RSPA believes that Tier Three could be phased in after Tier One (the identification of areas that could affect human health if contaminated) and Tier Two (Unusually sensitive areas along surface water) are completed. This will reduce the burden on industry and will give RSPA time to work with other government agencies to help determine the unusually sensitive areas within terrestrial environments. RSPA invites discussion on all topics addressed in this public workshop notice. Anticipated topics to be discussed at the public meeting include, but are not limited to: (1) The three tiers of unusually sensitive environmental areas. (2) The criteria being considered for community drinking water systems and sole source aquifers. (3) The sensitivity ranking of the biological and human use resource areas. (4) Whether the criteria are specific enough to allow operators to identify areas unusually sensitive to environmental damage from a release of hazardous liq#

Passage 11uid from their pipeline. (5) Whether additional criteria are needed to identify unusually sensitive environmental areas. Issued in Washington, DC on May 22, 1995. Cesar DeLeon, Acting Associate Administrator for Pipeline Safety. Table 1.--Habitat Rankings Being Considered ---------------------------------------------------------------------------------------------------------------- Habitat ranking Estuarine1 Lacustrine2 Riverine (Large rivers) ---------------------------------------------------------------------------------------------------------------- 10A Saltwater marshes 10B Mangroves 10C Freshwater marshes........... Freshwater marshes........... Freshwater marshes. 10D Freshwater swamps............ Freshwater swamps............ Freshwater swamps. 9A Sheltered tidal flats........ Sheltered vegetated low banks Vegetated low banks. 9B ............................. Sheltered sand/mud flats..... Muddy substances (unvegetated). 8A Sheltered rocky shores....... Sheltered scarps in bedrock.. Vegetated, steeply sloping bluffs. 8B Sheltered man-made structures Sheltered man-made structures Sheltered man-made structures. 7 Exposed tidal flats.......... Exposed flats................ Not present. 6A Gravel beaches............... Gravel beaches............... Gravel bars and gently sloping banks. 6B Riprap structures............ Riprap structures............ Riprap structures. 5 Mixed sand and gravel beaches Mixed sand and gravel beaches Mixed sand and gravel beaches. 4 Course-grained sand beaches.. Sand beaches................. Sandy bars and gently sloping banks. 3 Fine-grained sand beaches.... Eroding scarps in Exposed, eroding banks in unconsolidated sediment. unconsolidated sediments. 2 Wave-cut platforms in bedrock Shelving bedrock shores...... Rocky shoals; bedrock ledges. 1A Exposed rocky shores......... Exposed rocky cliffs......... Exposed rocky banks. 1B Exposed seawalls............. Exposed, hard man-made Vertical, solid revetments. structures. ---------------------------------------------------------------------------------------------------------------- 1Semi-enclosed coastal waters that are under tidal influence and have a free connection to the adjacent ocean waters. 2Generally standing water, with open water exceeding 30% of the system.#

Passage 12Table 2.--Criteria Being Considered for Determining Unusually Sensitive Areas Along Intertidal, Large and Medium Rivers, and Large Lakes ---------------------------------------------------------------------------------------------------------------- Habitat rankings estuarine, lacustrine, and riverine Biological resource areas Human use resource areas environments ---------------------------------------------------------------------------------------------------------------- Estuarine Environments: Critical habitats for Federally Saltwater and freshwater marshes designated Endangered or Threatened Freshwater swamps Species as defined in 50 CFR 424.02 Mangroves Lacustrine and Riverine Environments: Freshwater marshes and swamps 10 points 10 points Estuarine Environments: Critical areas identified under the Sheltered tidal flats Clean Lakes Program Lacustrine Environments: Sensitive areas identified under Sheltered vegetated low banks National Estuary Program or Near Sheltered sand/mud flats Coastal Waters Program Riverine Environments: Vegetated low banks Muddy substances 9 points 9 points Estuarine Environments: Habitats Federal or State designated Sheltered rocky shores Endangered or Threatened Species Sheltered man-made structures are known to use Lacustrine Environments: Sheltered scarps in bedrock Sheltered man-made structures Reverine Environments: Spawning areas critical for maintaining fish or shellfish [[Page 27952]] Vegetated, steeply sloping bluffs 8 points 8 points Estuarine Environments: National Sanctuaries Officially designated natural Exposed tidal flats resource managed areas: National Parks. Lacustrine Environments: National State and Wildlife Refuges National Conservation Areas Exposed flats Riverine Environments: National Wildlife Management Areas Natural Heritage Areas. Not present Terrestrial areas large or dense National Preserves and Reserves. groups or numbers of animals use to breed 7 points 7 points Estuarine and Lacustrine Designated Federal Wilderness Areas Archeological and cultural sites a Environments: Federal or State government agency Gravel beaches identifies and protects. Riprap structures Riverine Environments: Federal or State designated Scenic Native lands. Gravel bars and gently sloping or Wild River banks Riprap structures 6 points 6 points#

Passage 13Estuarine and Lacustrine State land designated for protecting Resource extraction sites, such as Environments: and maintaining aquatic life subsistence sites, commercial Mixed sand and gravel beaches fisheries areas, aquaculture sites, reservoirs, and other water resource areas. 5 points 5 points Estuarine Environments: State land designated to manage High recreational use areas: Coarse-grained sand beaches wildlife or game National Recreational Areas. Lacustrine Environments: .................................... National Monuments. Sand beaches Sandy bars and gently sloping banks 4 points 4 points Estuarine Environments: State designated natural areas Fine-grained sand beaches Lacustrine Environments: National Forest System Eroding scarps in unconsolidated sediment Riverine Environments: .................................... Exposed, eroding banks in unconcolidated sediments 3 points 3 points Estuarine Environments: Wave-cut platforms in bedrock Lacustrine Environments: Shelving bedrock shores Riverine Environments: Rocky shoals, bedrock ledges 2 points Estuarine Environments: Exposed rocky shores Exposed seawalls Lacustrine Environments: Exposed rocky cliffs Exposed, hard man-made structures Riverine Environments: Exposed rocky banks Vertical, solid revetments 1 point ---------------------------------------------------------------------------------------------------------------- Table 3.--Criteria Being Considered for Determining Unusually Sensitive Areas Along Small Rivers and Lakes, Streams, Ponds, etc. -------------------------------------------------------------------------------------------------------------------------------------------------------- Biological resource areas Human use resource areas -------------------------------------------------------------------------------------------------------------------------------------------------------- Critical habitats for Federally designated Endangered or Threatened Species as defined in 50 CFR 424.02 10 points Critical areas identified under the Clean Lakes Program Sensitive areas identified under National Estuary Program or Near Coastal Waters Program [[Page 27953]]#

Passage 149 points Habitats Federal or State designated Endangered or Threatened Species are known to use Spawning areas critical for maintaining fish or shellfish 8 points National Sanctuaries Officially designated natural resource management areas: National Parks. National Conservation Areas. Natural Heritage Areas. National Preserves and Reserves. National and State Wildlife Refuges National Wildlife Management Areas Terrestrial areas large or dense groups or numbers of animals use to breed 7 points 7 points Designated Federal Wilderness Areas Archeological and cultural sites a Federal or State government agency identifies and protects. Federal or State designated Scenic or Wild River Native lands. 6 points 6 points State land designated for protecting and maintaining aquatic life Resource extraction sites, such as subsistence sites, commercial fisheries areas, aquaculture sites, reservoirs, and other water resource areas. Research natural areas. 5 points 5 points State land designated to manage wildlife or game High recreational use areas: National Recreational Areas. National Monuments. State Parks. 4 points 4 points State designated natural areas National Forest System 3 points --------------------------------------------------------------------------------------------------------------------------------------------------------#

Passage 15Table 4.--Criteria Being Considered for Determining Unusually Sensitive Within Terrestrial Environments -------------------------------------------------------------------------------------------------------------------------------------------------------- Biological resource areas Human use resource areas -------------------------------------------------------------------------------------------------------------------------------------------------------- Critical habitats for Federally designated Endangered or Threatened Species as defined in 50 CFR 424.02 10 points Habitats Federal or State designated Endangered or Threatened Species are known to use Spawning areas critical for maintaining fish or shellfish 8 points National Sanctuaries Officially designated natural resource management areas: National and State Wildlife Refuges National Parks. National Conservation Areas. National Wildlife Management Areas Natural Heritage Areas. Terrestrial areas large or dense groups or numbers of animals use to breed National Preserves and Reserves. 7 points 7 points Designated Federal Wilderness Areas Archeological and cultural sites a Federal or State government agency identifies and protects. Native lands. 6 points 6 points Research natural areas 5 points State land designated to manage wildlife or game High recreational use areas: National Recreational Areas. National Monuments. State Parks. 4 points 4 points State designated natural areas National Forest System 3 points -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 95-12964 Filed 5-25-95; 8:45 am] BILLING CODE 4910-60-P#