U.S. DOT/PHMSA - Environmental Assessment Questionaire Letter

Page 1: ; U.S. Department of Transportation 1200 New Jersey Avenue. SE Materials Safet ipeline and Hazardou Washington, D.C. 20590 Administration July 9, 2009 Mr. Glen Murphy 450 First St. SW TransCanada/American Natural Resource Calgary, Alberta, Canada T2PSH1 Dear Mr. Murphy: requested a grant of four special permits waiving compliance with the requirements of 49 CFR 192.611 (a) This is a follow up letter with regard to your special permit requests dated February 6, 2009, where in you located in Indiana/Wisconsin/Ohio, Mississippi, Louisiana, and Lucas Co. Ohio. "Change in Class Location: Confirmation or Revision of MAOP". The special permit requests concern sites Environmental Assessment (EA) in accordance with the National Environmental Policy Act of 1969 (NEPA), the As of January 2009, the processing of your special permit applications includes the preparation of a draft President's Council on Economic Quality regulations implementing NEPA (40 CFR 1500-1800), and DOT policy. sufficient environmental information to enable PHMSA to determine whether granting or denying your application To facilitate PHMSA's preparation of a Draft EA and the processing of your application, you need to provide would have a significant impact on the environment. Additionally, enclosed is an example of a completed environmental information submittal to assist you further. To assist you in determining the environmental information needed, we are providing the attached guidance sheet. environmental information in the form of a hard copy. Also, please send one electronic copy of the text (Word Provide the environmental information to PHMSA within 15 days of receipt of this letter Submit a copy of your be added to the docket for your special permit requests and will become public record. document) and include any attachments for maps, drawings, etc. to dana.register@dot.gov. The information will If I can further assist you with this, or any other pipeline safety matter, please contact me at 202-366-0490. Sincerely, Nave I Resita Dana L. Register PHMSA, Office of Regulations Transportation Program Specialist Attachments: Special Permit Environmental Information Guidance Example Completed Environmental Information Submittal#

Page 2Guidance for Special Permit Applicants on Providing Environmental Information SP Requester: PHMSA Docket No. The processing of a special permit application may involve the preparation of a Draft environmental status quo in the absence of the special permit. To facilitate PHMSA's preparation of a Draft EA, the special permit applicant needs to civide entain environmenal infirmariat. The purpose of thied misto providatio ovide certain environmental intormation.hi materials. Once a Draft EA is prepared, as part of its expedited environmental reviev process PHMSA will place it in the public docket of this proceeding. Therefore, any nformation submitted by the applicant is subject to being made public. PHMSA will use (FONSI) or take other action in accordance with NEPA. he findings of the EA to determine whether to include a finding of no significant impac I. Purpose and Need [Describe pipeline and specify county and state where the affected segments located] [Cite regulations) for which waiver is sought. Paste relevant portion of regulations) here.] (State the unique circumstances and reasons for the SP given by requester and how the requester contends the SP will benefit itself and the public.] II. Site Description and Affected Environment segments including: Describe the right-of-way and the type of environment in the vicinity of the affected [Provide map if available] vicinity including parks] [Describe extent to which landowners, businesses, and residential areas are in the#

Page 3[Describe surface waters in the vicinity including wetlands] [Describe drinking water aquifers in the vicinityl [Describe soils and vegetation in the vicinity] [Describe wildlife habitats including fisheries in the vicinity] [Describe any geologic hazards] [Describe any socioeconomic impacts or special impacts on Native Americans if any] III. Mitigation Measures [Describe the alternative mitigation measures you are offering to implement in lieu of compliance with the regulations.] IV. Analysis and Investigation of Alternatives [Explain the thinking behind how this particular set of alternative mitigation measures was chosen. Explain how the conditions and supplemental measures will ensure that an equivalent level of safety and environmental protection is maintained.] [Discuss how the SP would affect the risk of rupture or failure (positive, negative, or none)] [Discuss any effects on pipeline longevity and reliability such as life-cycle and periodic maintenance. Discuss any technical innovations as well] [Discuss human safetyl [Discuss whether the SP would affect land use planning] [Discuss any pipeline facility, public infrastructure, and environmental impacts associated with implementing the special permit. In particular, discuss how any environmentally sensitive areas could be impacted] [Evaluate the alternative to the special permit and any adverse consequences to granting or denying the SP.] 2#