U.S. DOT/RSPA - Environmental Assessment 49 CFR Parts 192 and 195

Page 1i - 8 DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration Environmental Assessment 49 CFR Parts 192 and 195 Docket No. RSPA-15852- 7 . a r -1 - ... 1. Description of the Action This environmental assessment concerns a proposed regulation requiring pipeline operators to develop and implement public education programs based on the provisions of the American Petroleum Institute’s (API) Recommended Practice (RP) 1 162, Public Awareness Progranzsfov Pipeline Operators. 11. Need for the Action Public education and understanding of pipeline operations is vital to the continued safe operation of pipelines. Pipeline operator public education programs are an important factor in establishing cominunication and providing information necessary to enhance public understanding of how pipelines function and the public’s role in promoting pipeline safety. When effectively and consistently managed, a pipeline operator public education program can provide significant value in enhanced public safety, improved pipeline safety and environmental performance, and enhanced response coordination. 1#

Page 2Setting requirements for operator public education programs is part of broad effort by OPS to enhance safety through promoting improved public communications by the pipeline industry and government pipeline regulators. In proposing new requirements for pipeline operator public education programs, OPS is also responding to calls by Congress in the Pipeline Safety Improvement Act of 2002 (Public Law 107-355, U.S.C 601 16) for standards prescribing the elements of public education programs. Simultaneously with this mandate, the pipeline industry has been developing recommendations for pipeline operator public education programs. This initiative, which included extensive collaboration by all segments of the industry, as well as input from OPS and state pipeline regulators, and opportunity for public review and comment, resulted in API RP-1162. OPS is taking advantage of the substantial work accomplished in the completion of this standard to adopt its provisions in the proposed rule on pipeline operator public education programs. I I I. AI tern atives Three alternatives were considered: Alternative 1 Under this alternative, RSPA would develop its own regulations for public education programs. This alternative was rejected because RSPA believes that the adoption of industry consensus standards is a more cost-effective option for promoting public safety and environmental 2#

Page 3protection than for RSPA to spend significant resources developing its own regulations for this purpose. Alternative 2 Under this alternative, RSPA would not implement any new requirements for operator public education programs. This alternative was rejected because the Congress enacted the Pipeline Safety Improvement Act (PSIA) of 2002 USC 601 16 on December 17,2002 mandating public education activities by pipeline operators. Consequently, if OPS does not adopt RP-1162 or an alternative requiring operators to develop and implement public education programs, RSPA would be ignoring a Congressional mandate. Operators would have no requirements that define what constitutes sufficient effort for compliance with the statute. Furthermore, RSPA would be failing in its mission of protecting the public from the safety and environmental threats of potential pipeline failures. Alternative 3 Under this alternative, new requirements for operator public education programs will be based on RP-1162. This is the chosen alternative. RSPA chose this alternative because it believes that adopting industry consensus standards represents the most cost-effective means of providing for public safety and environmental protection while responding to Congressional mandates for public education programs. 3#

Page 4IV. The Affected Environment and Environmental Consequences of the Action The Research and Special Programs Administration is responsible for regulating the safety of about 2 million miles of gas and hazardous liquid pipelines. These pipelines can be located onshore or offshore and traverse a variety of environments, from highly populated urban areas to remote, unpopulated rural areas, from the swamps of Louisiana to the mountains of Colorado, from the deserts of Nevada to the wet environments of the Northwest. The environmental impacts of gas and hazardous pipeline incidents vary from deaths and injuries to property and environmental damage. The magnitudes of the impacts vary by the size of the spill or gas leak and the nature of the impact zone. This proposed rule will likely not have a significant impact on the environment as this regulation merely adopts an industry consensus standard as a means to comply with a Federal statute that already has gone into effect. Because there already is an industry standard (that was developed with the cooperation of all the major pipeline trade organizations) it is likely that many pipeline operators are already implementing the requirements of RP-1162. Furthermore, because the Federal statute is already in effect it is also likely that many of operators already have a program for public education. New requirements for public education programs will likely result in some expanded public education activities by operators, but will not result in physical disruption of the environment in 4#

Page 5the vicinity of pipelines. These additional public education activities may have a positive environmental effect, if increased public awareness results in a lower frequency of pipeline accidents due to excavation damage or if increased awareness results in lower consequences of pipeline accidents due to more effective emergency response to accidents. These potential positive benefits are not expected to be significant, however. V. List of Contacts Thc following organizations were involved in the development and review of RP-1162: 0 American Petroleum Institute (API) 0 Association of Oil Pipelines (AOPL) Interstate Natural Gas Association of America (INGAA) 0 0 American Gas Association (AGA) 0 American Public Gas Association (APGA) National Association of Pipeline Safety Representatives (NAPSR) 0 RSPA will seek public comments on the environmental impact of this proposed regulation in its Notice of Proposed Rulemaking (NPRM) in the Federal Register. RSPA will also seek cominents from its advisory committees. 5#