[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Rules and Regulations]
[Pages 45702-45705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18619]
[[Page 45702]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R06-OW-2014-0234; FRL-9914-59-Region 6]
Ocean Dumping: Cancellation and Modification of Final Site
Designations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) today cancels the
final designation of two Ocean Dredged Material Disposal Sites (ODMDSs)
located in the Gulf of Mexico near the Houma Navigational Canal (HNC)
and near the Mississippi River Gulf Outlet (MRGO) Canal, Louisiana.
Both sites are EPA-approved ocean dumping sites for the disposal of
suitable dredged material. This final action is being taken because
there is no clear future need for the sites. Additionally, EPA is
modifying the period of use, use restriction, and name of the Homeport
Project ODMDS located in the Gulf of Mexico offshore of Port Aransas,
Texas.
DATES: This Final Rule is effective on September 5, 2014.
ADDRESSES: The EPA established a docket for this action under Docket
No. EPA-R06-OW-2014-0234. All documents in the docket are listed on the
http://www.regulations.gov Web site. Publicly available docket
materials are available electronically through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jessica Franks, Ph.D., Marine and
Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214)
665-8335, fax number (214) 665-6689; email address
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Potentially Affected Persons
II. Background
III. Final Action
IV. Responses to Comments
V. Administrative Review
1. Executive Order 12886
2. Paperwork Reduction Act
3. Regulatory Flexibility Act, as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
4. Unfunded Mandates Reform Act
5. Executive Order 13132: Federalism
6. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
7. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
8. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use Compliance With Administrative
Procedure Act
9. National Technology Transfer Advancement Act
10. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low Income
Populations
I. Potentially Affected Persons
Persons potentially affected by this action include those who seek
or might seek permits or approval by EPA to dispose of dredged material
into ocean waters pursuant to the Marine Protection Research and
Sanctuaries Act, 33 U.S.C. 1401 et seq. The Final Rule would be
relevant to persons, including organizations and government bodies
seeking to dispose of dredged material in ocean waters offshore of
Terrebonne, Louisiana, the Mississippi River Gulf Outlet Canal,
Louisiana, and Corpus Christi, Texas. Currently, the U.S. Army Corps of
Engineers (Corps) and other persons with permits to use designated
sites offshore Terrebonne, Louisiana, the Mississippi River Gulf Outlet
Canal, Louisiana, and Corpus Christi, Texas would be most impacted by
this final action. Potentially affected categories and persons include:
------------------------------------------------------------------------
Examples of potentially regulated
Category persons
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Federal government................... USACE Civil Works and O & M
projects; other Federal
agencies, including the
Department of Defense.
Industry and general public.......... Port authorities, marinas and
harbors, shipyards and marine
repair facilities, berth owners.
State, local and tribal governments.. Governments owning and/or
responsible for ports, harbors,
and/or berths, Government
agencies requiring disposal of
dredged material associated with
public works projects.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding persons likely to be affected by this
action. For any questions regarding the applicability of this action to
a particular entity, please refer to the contact person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
II. Background
Section 102(c) of the Marine Protection, Research, and Sanctuaries
Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the
Administrator of EPA the authority to designate sites where ocean
disposal may be permitted. On October 1, 1986, the Administrator
delegated the authority to designate ocean disposal sites to the
Regional Administrator of the Region in which the sites are located.
These cancellations and modification are being made pursuant to that
authority.
The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR
Chapter I, Subchapter H, Sec. 228.11) state that modifications in
disposal site use which involve withdrawal of disposal sites from use
or permanent changes in the total specified quantities or types of
wastes permitted to be discharged to a specific disposal site will be
made by promulgation in this part 228. These site cancellations and
modification of types of wastes permitted to be discharged to a
specific disposal site are being published as final rulemaking in
accordance with Sec. 228.11(a) of the Ocean Dumping Regulations, which
permits the withdrawal of designated disposal sites from use or changes
in the total specified quantities or types of wastes permitted to be
discharged to a specific disposal site based upon changed circumstances
concerning use of the site.
III. Final Action
The final cancellation of the designations of these sites is needed
as a housekeeping measure. In essence, these ODMDSs either are no
longer a suitable disposal option or have no foreseeable need. The
Houma ODMDS is now partially occupied by the Houma Navigational Canal.
The U. S. Corps of Engineers has re-aligned the Cat Island Pass portion
of the HNC several times since the construction of this federal
navigation channel in order to retain a channel segment that requires
little maintenance dredging due to the natural hydrodynamics in the
vicinity. This particular portion of the HNC Cat Island Pass channel is
characterized by an area of deeper water (erosional zone) that is
moving westwards. Once this deeper water erosional zone has moved far
[[Page 45703]]
enough west from the Corps' channel alignment that area of the channel
begins to shoal (becomes a depositional zone). To avoid increased
maintenance dredging costs, the Corps re-aligns this portion of the
channel westwards to ``keep up'' with the deeper water zone as it
continues to migrate westwards. The Houma ODMDS is located on the west
side of this channel, and the deeper water zone has migrated into the
ODMDS boundaries. The Houma ODMDS has not been used for more than
twenty (20) years. Instead, dredged material from the HNC has been used
beneficially under section 404 of the Clean Water Act on the two (2)
single point discharge (SPD) sites located within the ODMDS. It is the
Corps intention to continue this practice. As such, this type of
placement is excluded by definition from regulation by MPRSA. De-
designation of the Houma ODMDS will allow the Corps to expand the
beneficial use of dredged material for the creation of durable islands
for seasonal bird nesting areas regulated under section 404 of the
Clean Water Act.
The Mississippi River-Gulf Outlet (MRGO) ODMDS is no longer needed.
On June 5, 2008 the Assistant Secretary of the Army for Civil Works
forwarded the Final MRGO Deep-Draft De-authorization Report to Congress
officially de-authorizing the MRGO from the Gulf Intercoastal Water Way
(GIWW) to the Gulf of Mexico as a federal navigation project. The
report also authorized the construction of a rock closure structure
across MRGO which was completed in late July 2009.
The modification of the period of use and use restriction on the
Homeport Project ODMDS is needed to change the use of the site to
include suitable dredged material from the greater Corpus Christi,
Texas vicinity over an indefinite period of time. The Homeport Project
ODMDS was designated to provide a disposal area for placement of
suitable construction dredge material from the U.S. Navy's Homeport
Project at Corpus Christi/Ingleside, Texas. The Homeport Project never
materialized and therefore, the ODMDS was never used. Use of the ODMDS
was limited to suitable dredged material from the Homeport Project over
a 50 year period. There is a need for placement of construction dredged
material from the Corpus Christi Channel Channel Improvement Project
(CIP) as described in the Final Environmental Impact Statement (FEIS)
for the Corpus Christi Ship Channel Channel Improvements Project Corpus
Christi and Nueces Bays Nueces and San Patricio Counties, Texas
published in April 2003. Based on the FEIS, suitable dredged material
will be placed beneficially in the location of the Homeport Project
ODMDS under section 404 of the Clean Water Act (CWA). CWA section 404
has jurisdiction in the Territorial Sea or coastal waters from the
baseline to three (3) nautical miles seaward. Because the Homeport
Project ODMDS is located beyond the boundary of the Territorial Sea and
in the open ocean, the CWA section 404 does not have jurisdiction. As a
result there is a need to change the use restriction placed on the
Homeport Project ODMDS to include suitable dredged material from the
greater Corpus Christi, Texas vicinity. Since dredged material
placement at this ODMDS is expected to be an on-going process over many
years, the period of use is being changed to continuing use. EPA is
also changing the name of the Homeport Project ODMDS to Corpus Christi
New Work ODMDS. The current name is no longer applicable since it was
the name of the project at the time the ODMDS was designated.
IV. Responses to Comments
The proposed rule was published in the Federal Register on April
21, 2014, as docket number EPA-R06-OW-2014-0234. The comment period
closed on June 5, 2014. The EPA received two comments on the proposed
rule from two entities. These comments are responded to here.
1. Request for Geographic Coordinates
NOAA asked for the geographic coordinates for the two ODMDS being
cancelled. The Houma Navigation Channel ODMDS is bounded by the
following coordinates (North American Datum from 1927):
29[deg]05'22.3'' N., 90[deg]34'43'' W.; 29[deg]02'17.8'' N.,
90[deg]34'28.4'' W.; 29[deg]02'12.6'' N., 90[deg]35'27.8'' W.;
29[deg]05'30.8'' N., 90[deg]35'27.8'' W.
The Mississippi River Gulf Outlet ODMDS is bounded by the following
coordinates (North American Datum from 1927): 29[deg]32'35'' N.,
89[deg]12'38'' W.; 29[deg]29'21'' N., 89[deg]08'00'' W.; 29[deg]24'51''
N., 88[deg]59'23'' W.; 29[deg]24'28'' N., 88[deg]59'39'' W.;
29[deg]28'59'' N., 89[deg]08'19'' W.; 29[deg]32'15'' N., 89[deg]12'57''
W.
2. Comment Regarding NHPA Section 106 Consultation
The Choctaw Nation of Oklahoma requested to be a consulting party
under Section 106 of the National Historic Preservation Act for the
portion of the project in Louisiana under Section 106.
The cancellation of the Houma ODMDS and Mississippi River Gulf
Outlet ODMDS do not have the potential to effect historic resources
listed on or eligible for listing on the National Register. Cancelation
of these sites by this Notice does not authorize any action or ground
disturbance activities which would have the potential to effect
resources. Therefore, Section 106 review is not necessary for this
action.
V. Administrative Review
1. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993) EPA must
determine whether the regulatory action is `significant,'' and
therefore subject to office of Management and Budget (OMB) review and
other requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to lead to a
rule that may:
(a) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or Tribal governments or communities;
(b) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(c) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof: Or
(d) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This final rule should have minimal impact on State, local, or
Tribal governments or communities. Consequently, EPA has determined
that this final rule is not a ``significant regulatory action'' under
the terms of Executive Order 12866.
2. Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to
minimize the reporting and recordkeeping burden on the regulated
community, as well as to minimize the cost of Federal information
collection and dissemination. In general, the Act requires that
information requests and record-keeping requirements affecting ten or
more non-Federal respondents be approved by OMB. Since the final rule
would not establish or modify any information or recordkeeping
requirements, but only clarifies existing requirements, it is not
subject to the provisions of the Paperwork Reduction Act.
[[Page 45704]]
3. Regulatory Flexibility Act, as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
This final rule will not impose any requirements on small entities.
The modification of the Homeport Project ODMDS broadens the use of the
site providing an additional option for dredged material placement in
the Corpus Christi, Texas vicinity. The removal of the Houma ODMDS will
allow for the beneficial use of dredged material under CWA Section 404
for the creation of bird islands. The closing of the Mississippi River
Gulf Outlet Navigation Channel was mandated by Congress and therefore
the associated ODMDS is no longer needed.
For these reasons, the Regional Administrator certifies, pursuant
to section 605(b) of the RFA, that the final rule will not have a
significant economic impact on a substantial number of small entities.
4. Unfunded Mandates Reform Act
This final rule contains no Federal mandates under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) of 1995
(Pub. L. 104-4) for State, local, or tribal governments or the private
sector that may result in estimated costs of $100 million or more in
any year. It imposes no new enforceable duty on any State, local or
tribal governments or the private sector nor does it contain any
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, the requirements of section 203 of the
UMRA do not apply to this final rule.
5. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' This final rule does not have
Tribal implications, as defined in Executive Order 13175.
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This Executive Order (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA. This final rule is not subject
to the Executive Order because it is not economically significant as
defined in Executive Order 12866, and because EPA does not have reason
to believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use Compliance With Administrative Procedure
Act
This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
9. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. This final rule does not involve technical
standards. Therefore, EPA is not considering the use of any voluntary
consensus standards.
10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Executive Order 12898 (59 FR 7629) directs Federal agencies to
determine whether the Final Rule would have a disproportionate adverse
impact on minority or low-income population groups within the project
area. The Final Rule would not significantly affect any low-income or
minority population.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Dated: July 18, 2014.
Samuel Coleman,
Deputy Regional Administrator, Region 6.
In consideration of the foregoing, EPA amends part 228, chapter I
of title 40 of the Code of Federal Regulations as follows:
PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING
0
1. The authority citation for part 228 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
2. Section 228.15 is amended by:
0
a. Removing and reserving paragraphs (j)(1) and (j)(4);
0
b. Revising paragraph (j)(16) introductory text; and
0
c. Revising paragraphs (j)(16)(v) and (j)(16)(vi).
The revisions read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(j) * * *
(16) Corpus Christi New Work ODMDS, Corpus Christi, Texas.
* * * * *
(v) Period of Use: Continuing use.
(vi) Restrictions: Disposal shall be limited to suitable dredged
material
[[Page 45705]]
from the greater Corpus Christi, Texas vicinity. Disposal shall comply
with conditions set forth in the most recent approved Site Management
and Monitoring Plan.
* * * * *
[FR Doc. 2014-18619 Filed 8-5-14; 8:45 am]
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