Areas Unusually Sensitive to Environmental Damage

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 195

[Docket PS-140]

RIN 2137-AC34

Areas Unusually Sensitive to Environmental Damage

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Public workshop notice.

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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.

FOR 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 and 60102

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.

Purpose of Workshop

The 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.

Problem

There 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 environmental

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.

B. Sole Source Aquifers

EPA 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

Surface 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

The 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

As 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

RSPA 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 liquid 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

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Habitat ranking Estuarine1 Lacustrine2 Riverine (Large rivers)

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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.

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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.

Table 2.--Criteria Being Considered for Determining Unusually Sensitive Areas Along Intertidal, Large and Medium

Rivers, and Large Lakes

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Habitat rankings estuarine,

lacustrine, and riverine Biological resource areas Human use resource areas

environments

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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

Estuarine 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

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Table 3.--Criteria Being Considered for Determining Unusually Sensitive Areas Along Small Rivers and Lakes, Streams, Ponds, etc.

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Biological resource areas Human use resource areas

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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]]

9 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

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Table 4.--Criteria Being Considered for Determining Unusually Sensitive Within Terrestrial Environments

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Biological resource areas Human use resource areas

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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

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[[Page 27954]]

[FR Doc. 95-12964 Filed 5-25-95; 8:45 am]

BILLING CODE 4910-60-P