[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Pages 63312-63313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25420]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9741-9]
Notice of Intent: Designation of an Ocean Dredged Material
Disposal Site (ODMDS) in Eastern Long Island Sound; Connecticut, New
York, and Rhode Island
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Intent to prepare a Supplemental Environmental Impact
Statement (SEIS) to evaluate the potential designation of one or more
Ocean Dredged Material Disposal Sites (ODMDS) to serve the eastern Long
Island Sound region (Connecticut, New York, and Rhode Island).
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SUMMARY: EPA is authorized to designate ODMDS under section 102(c) of
the Marine Protection, Research and Sanctuaries Act (MPRSA). EPA is
preparing the SEIS in accordance with the Agency's Statement of Policy
for Voluntary Preparation of National Environmental Policy Act
documents for all ocean disposal site designations. The SEIS will
update and build on the analyses that were conducted for the 2005 Long
Island Sound Environmental Impact Statement that supported the
designation of the Central and Western Long Island Sound disposal
sites. The following federal and state agencies have expressed interest
in serving as cooperating agencies: U.S. Army Corps of Engineers
(USACE), New England and New York Districts; National Oceanic and
Atmospheric Administration, National Marine Fisheries Service;
Connecticut Department of Energy and Environmental Protection;
Connecticut Department of Transportation; New York Department of State;
Rhode Island Department of Environmental Management; and Rhode Island
Coastal Resources Management Council.
SUPPLEMENTARY INFORMATION: The primary statutes governing the open-
water disposal of dredged material in the United States are the MPRSA
and the Clean Water Act (CWA). The waters of Long Island Sound are
landward of the baseline from which the territorial sea of the United
States is measured. As with other waters lying landward of the
baseline, all dredged material disposal activities in Long Island
Sound, whether from federal or non-federal projects of any size, are
subject to the requirements of section 404 of the CWA. The MPRSA
generally only applies to dredged material disposal in waters seaward
of the baseline and would not apply to Long Island Sound but for the
1980 amendment that added section 106(f) to the statute. This provision
requires that the disposal of dredged material in Long Island Sound
from federal projects (projects carried out under the USACE civil works
program or by other federal agencies) and non-federal projects
generating more than 25,000 cubic yards of material must comply with
the requirements of both CWA section 404 and the MPRSA. This applies to
both the designation of specific disposal sites and the assessment of
the suitability of specific dredged material for disposal. Disposal
from non-federal projects involving 25,000 cubic yards or less of
dredged material, however, is subject only to CWA section 404.
Need for Action: Dredging is essential for maintaining safe
navigation in ports and harbors in the eastern Long Island Sound
region. Over the past approximately 30 years, dredged material from
eastern Long Island Sound has been disposed of primarily at the New
London and Cornfield Shoals disposal sites. These two sites, both of
which were selected by the USACE for short-term use, expire on December
16, 2016.
Therefore, EPA has decided to prepare an SEIS to evaluate the two
current sites used in eastern Long Island Sound as well as other sites
for, and means of, disposal and management, including the no action
alternative. The SEIS will support the EPA's final decision on whether
one or more dredged material disposal sites will be designated under
the MPRSA. The SEIS will include analysis applying the five general and
eleven specific site selection criteria for designating ocean disposal
sites presented in 40 CFR 228.5 and 228.6, respectively. Designation of
a site does not by itself authorize or result in disposal of any
particular material; it only serves to make the designated site a
disposal option available for consideration in the alternatives
analysis for each individual dredging project in the area.
Alternatives: In evaluating the alternatives, the SEIS will
identify and evaluate locations within the eastern Long Island Sound
study area using the aforementioned criteria to determine the sites
that are best suited to receive dredged material for open-water
disposal. At a minimum, the SEIS will consider alternatives including:
No-action (i.e., no designation of any sites);
Designation of one or both of the currently active USACE-
selected sites;
Designation of alternative open-water sites identified
within the study area that may offer environmental advantages to the
existing sites; and
Identification of other disposal and/or management
options, including beneficial uses.
Scoping: EPA is requesting written comments from federal, state,
and local governments, industry, non-governmental organizations, and
the general public on the need for action, the range of alternatives
considered, and the potential impacts of the alternatives. Scoping
comments will be accepted for 45 days from the date of this notice.
Public scoping meetings are scheduled at two locations on the following
dates: November 14, 2012, 4-7 p.m. at the University of Connecticut,
Avery Point auditorium in Groton, CT (http://www.averypoint.uconn.edu/about/directions.html) and November 15, 2012, 3-6 p.m. at the Port
Jefferson Village Center in Port Jefferson, NY (http://www.portjeff.com/village-map/). Registration for both meetings will
begin a half-hour before the meeting (3:30
[[Page 63313]]
p.m. on November 14 and 2:30 p.m. on November 15).
FOR FURTHER INFORMATION CONTACT: For further information and to be
placed on the project information distribution list, please contact:
Ms. Jean Brochi, U.S. EPA, Region 1, 5 Post Office Square, Suite 100,
OEP06-1, Boston, MA 02109-3912, (617) 918-1536, ELIS@epa.gov. Please
contact Ms. Brochi should you have special needs (sign language
interpreters, access needs) at the above address or our TDY,
(617) 918-1189.
Estimated Date of the Draft SEIS Release: September 30, 2014.
Dated: October 4, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012-25420 Filed 10-15-12; 8:45 am]
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