[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56395-56398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23475]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R06-OW-2015-0121; FRL-9934-25-Region 6]
Ocean Dumping: Modification of Final Site Designation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) today is modifying
the use restrictions of the Galveston, TX Dredged Material Site,
Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX,
Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus
Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX
and Brazos Island Harbor (42-Foot Project), TX Ocean Dredged Material
Disposal Sites (ODMDSs) located in the Gulf of Mexico offshore of
Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and
Brownsville, Texas, respectively. These sites are EPA designated ocean
dumping sites for the disposal of suitable dredged material. This
action is being taken at the request of the United States Army Corps of
Engineers Galveston District to allow disposal of suitable dredged
material from the vicinity of the federal navigation channels to
alleviate pressure on the capacity of their upland dredged material
placement areas, when necessary.
DATES: This document is effective on October 19, 2015.
ADDRESSES: The EPA established a docket for this action under Docket
No. EPA-R06-OW-2015-0121. 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 1200, Dallas, Texas 75202-2733, telephone (214)
665-8335, fax number (214) 665-6689; email address
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Potentially Affected Persons
B. Background
C. Final Action
D. Responses to Comments
E. Administrative Review
1. Executive Order 12866
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
A. 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. EPA's action would be relevant
to persons, including organizations and government bodies seeking to
dispose of dredged material in ocean waters offshore of Galveston,
Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville,
Texas. Currently, the U.S. Army Corps of Engineers (Corps) and other
persons with permits to use designated sites offshore of Galveston,
Freeport, Matagorda, Corpus Christi, Port Mansfield, and Brownsville,
Texas would be most impacted by this final action. Potentially affected
categories and persons include:
[[Page 56396]]
Table 4--A Summary of Proposed Data Collection Standards
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Category Examples of potentially regulated 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 owning and/or responsible for
governments. ports, harbors, and/or berths,
Government agencies requiring disposal
of dredged material associated with
public works projects.
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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.
B. 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 modifications are being made pursuant to that authority.
The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR
Chapter I, Subchapter H, Section 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
waste permitted to be discharged to a specific disposal site will be
made by promulgation in this Part 228. This site modification of types
of waste permitted to be discharged to a specific disposal site are
being published as a final rulemaking in accordance with Sec.
228.11(a) of the Ocean Dumping Regulations, which permits changes in
the total specified quantities or types of waste permitted to be
discharged to a specific disposal site based upon changed circumstances
concerning use of the site.
C. Final Action
The modifications of the use restrictions on the Galveston, TX,
Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot Project),
Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda Ship
Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX,
Brazos Island Harbor, TX and Brazos Island Harbor (42-Foot Project), TX
ODMDSs was requested by the U.S. Army Corps of Engineers Galveston
District in a March 27, 2015 letter. The current wording within the 40
CFR 228.15 restricts the use of these ODMDS to only dredged material
originating from specific federal channel reaches associated with each
ODMDS. For Freeport Harbor, TX, New Work (45 Foot Project) ODMDS and
the Brazos Island Harbor (42-Foot Project), the ODMDSs are restricted
to receive only construction dredged material from channel improvement
projects at Freeport and Brazos Island Harbor, respectively. Modeling
shows that future disposal capacity is limited at the placement areas
typically used by the Galveston District when ocean disposal is not an
option. As a result of these limitations, there is a need to change the
use restrictions placed on these ODMDSs to include suitable dredged
material from the greater vicinities of the respective federal
channels. The restriction modification will provide for sufficient
future dredged material disposal capacity for material originating from
dredging areas within each Federal channel and its vicinity.
D. Responses to Comments
The proposed rule was published in the Federal Register on June 18,
2015 (80 FR 34871), as docket number EPA-EPA-R06-OW-2015-0121. The
comment period closed on August 3, 2015. The EPA received one letter on
the proposed rule from the Department of Interior stating that they
have no comment. As no comments were received, the EPA has no responses
to comments for the proposed rule.
E. 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.
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.
[[Page 56397]]
This Final rule will not impose any requirements on small entities.
The modification of the Galveston, TX, Dredged Material Site, Freeport
Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX,
Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus
Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX
and Brazos Island Harbor (42-Foot Project), TX ODMDSs broadens the use
of the sites providing additional options for dredged material
placement in the Galveston, Freeport, Matagorda, Corpus Christi, Port
Mansfield and Brownsville, Texas vicinities.
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: September 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended 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 revising paragraphs (j)(12)(vi),
(j)(13)(vi), (j)(14)(vi), (j)(15)(vi), (j)(17)(vi), (j)(18)(vi),
(j)(19)(vi), and (j)(20)(vi) to read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(j)* * *
(12) * * *
(vi) Restrictions: Disposal shall be limited to suitable dredged
material from the greater Houston-Galveston, Texas vicinity. Disposal
shall comply with conditions set forth in the most recent approved Site
Management and Monitoring Plan.
(13) * * *
(vi) Restrictions: Disposal shall be limited to suitable dredged
material from the greater Freeport, Texas vicinity. Disposal shall
comply with conditions set forth in the most recent approved Site
Management and Monitoring Plan.
(14)* * *
(vi) Restrictions: Disposal shall be limited to suitable dredged
material from the greater Freeport, Texas vicinity. Disposal shall
comply with conditions set forth in the most recent approved Site
Management and Monitoring Plan.
(15) * * *
(vi) Restrictions: Disposal shall be limited to suitable dredged
material
[[Page 56398]]
from the greater Matagorda, Texas vicinity. Disposal shall comply with
conditions set forth in the most recent approved Site Management and
Monitoring Plan.
* * * * *
(17) * * *
(vi) Restrictions: Disposal shall be limited to suitable dredged
material from the greater Corpus Christi, Texas vicinity. Disposal
shall comply with conditions set forth in the most recent approved Site
Management and Monitoring Plan.
(18)* * *
(vi) Restrictions: Disposal shall be limited to suitable dredged
material from the greater Port Mansfield, Texas vicinity. Disposal
shall comply with conditions set forth in the most recent approved Site
Management and Monitoring Plan.
(19)* * *
(vi) Restrictions: Disposal shall be limited to suitable dredged
material from the greater Brownsville, Texas vicinity. Disposal shall
comply with conditions set forth in the most recent approved Site
Management and Monitoring Plan.
(20) * * *
(vi) Restrictions: Disposal shall be limited to suitable dredged
material from the greater Brownsville, Texas vicinity. Disposal shall
comply with conditions set forth in the most recent approved Site
Management and Monitoring Plan.
* * * * *
[FR Doc. 2015-23475 Filed 9-17-15; 8:45 am]
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