[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29706-29710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13715]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R10-OW-2018-0284; FRL-9979-31--Region 10]
Ocean Dumping; Withdrawal of Designated Disposal Site; Grays
Harbor, Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to withdraw from EPA regulation and management one
designated ocean dredged material disposal site, the Grays Harbor Eight
Mile Site, located near the mouth of Grays Harbor, Washington. This
action is pursuant to the Marine Protection, Research, and Sanctuaries
Act, as amended. The disposal site was designated by the EPA for a
specific one-time use in 1990. The Grays Harbor Eight Mile Site
fulfilled its intended purpose in 1990 as a single-use disposal site,
and monitoring indicates that there will be no unacceptable adverse
impacts to the marine environment once the EPA relinquishes management
of the site. Five other open-water dredged material disposal sites
remain in close proximity to the mouth of Grays Harbor. These sites
remain available for use for the disposal of suitable dredged material
and are not affected by this withdrawal.
DATES: This rule is effective on September 24, 2018 without further
notice, unless the EPA receives adverse comment by July 26, 2018. If
the EPA receives adverse comment, the Agency will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R10-
OW-2018-0284; FRL-9979-31--Region 10], at http://www.regulations.gov.
Follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the
[[Page 29707]]
primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets .
Docket: All documents in the docket are listed in the http://www.regulations.gov/ index. Although listed in the index, some
information may not be publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://www.regulations.gov/ or in hard copy at the EPA Region 10 Library, 1200
Sixth Avenue, Seattle, Washington 98101. The EPA Region 10 Library is
open from 9:00 a.m. to noon, and 1:00 to 4:00 p.m. Monday through
Friday, excluding federal holidays. The EPA Region 10 Library telephone
number is (206) 553-1289.
FOR FURTHER INFORMATION CONTACT: Bridgette Lohrman, Office of
Environmental Review and Assessment, U.S. Environmental Protection
Agency, Region 10, Oregon Operations Office, 805 SW Broadway, Suite
500, Portland, OR 97205; (503) 326-4006, [email protected].
SUPPLEMENTARY INFORMATION:
1. Why is the EPA using a direct final rule?
The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. In 1990, the EPA designated the Grays Harbor Eight
Mile Site for the single purpose of serving as an ocean dredged
material disposal site (ODMDS) for dredged material from the deepening
of the Grays Harbor Federal Navigation Channel by the United States
Army Corps of Engineers, Seattle District (USACE). The disposal site
served this purpose in 1990, and the EPA is now taking the
administrative action of withdrawing the site from regulation and
relinquishing future management of the site. The site has not been used
for disposal of dredged material since 1990 because such an action
would require the EPA to re-designate the disposal site for a changed
purpose. The EPA has not received any requests from the dredging
community to use this site since 1990. Five other open-water dredged
material disposal/placement sites remain in close proximity to the
mouth of Grays Harbor. These five sites remain available for use, and
are not affected by this withdrawal. The ability of the USACE, the Port
of Grays Harbor, and other interested parties to find suitable dredged
material disposal options will not be changed by this action. Post-
disposal monitoring at the Grays Harbor Eight Mile Site shows that the
site does not have now and will not have unacceptable adverse effects
on the marine environment into the future.
2. Does this action apply to me?
In 1990, the EPA designated the Grays Harbor Eight Mile Site to be
used for a single purpose, to receive dredged material from the
deepening of the Grays Harbor Federal Navigation Channel in 1990. The
site has served its intended purpose and has not been available for use
since 1990. If an interested party wanted to use the Grays Harbor Eight
Mile Site for the ocean disposal of dredged material, the EPA would
need to administratively withdraw the site, designate the site with the
new purpose, and provide for public comment. Thus, the current action
to remove this ODMDS from EPA regulation and management does not affect
any person seeking an open-water location to dispose of suitable
dredged material. In addition, post-disposal monitoring at the Grays
Harbor Eight Mile Site, conducted by the EPA and the USACE,
demonstrates that the monitoring requirements set forth in the Site
Management and Monitoring Plan (SMMP) of 1990 have been met, and that
the EPA relinquishing management of the site will not cause an
unacceptable adverse impact to the marine environment. For any
questions regarding the applicability of this action to a particular
person or entity, please refer to the contact person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
3. Background
a. History of Disposal Sites Near Grays Harbor, Washington
EPA Region 10 designated both the Grays Harbor Eight Mile Site and
the Southwest Navigation, or 3.9-Mile Site, on July 5, 1990, for the
disposal of dredged material removed during the deepening of the Grays
Harbor Federal Navigation Channel by the USACE in Grays Harbor,
Washington. While the Southwest Navigation Site was designated for
indefinite use, the Grays Harbor Eight Mile Site was designated for the
single purpose of accommodating materials from the Federal navigation
channel project, which was expected to occur over a two-to-three-year
period beginning in 1990. The USACE disposed of 2.8 million cubic yards
of dredged material at the Grays Harbor Eight Mile Site in 1990, and
the site has not been used for the ocean disposal of dredged material
since that time.
The Grays Harbor Eight Mile Site is approximately 7.1 nautical
miles (8 statute miles) offshore and west/northwest of the entrance to
Grays Harbor (Figure 1). The Site is circular, with a radius of 0.40
nautical miles on a central coordinate of 46[deg]57' N and
124[deg]20.06' W. The site covers an area of approximately 0.5 square
nautical miles. Water depths at the Grays Harbor Eight Mile Site range
from 140 to 160 feet. The disposal site is characterized as being
located on offshore relict gravel deposits, which contain no
significant benthic fish or invertebrate communities.
[[Page 29708]]
[GRAPHIC] [TIFF OMITTED] TR26JN18.115
In the final rule (55 FR 27634, July 5, 1990) designating the Grays
Harbor Eight Mile Site, the EPA stated: ``EPA intends to de-designate
the site after dumping at the site has been completed and monitoring
indicates that the material has stabilized.'' This action stated that
de-designation would occur within the five years following completion
of disposal and monitoring activities. The USACE conducted two post-
disposal surveys of the ODMDS in 1991 and 1992 in accordance with the
SMMP of 1990. The results of those two surveys did not satisfy all
requirements of the SMMP. Additionally, the chemical analysis of the
sediments at the disposal site at that time provided conclusive data
documenting the presence of dioxins/furans and other contaminants at
the Grays Harbor Eight Mile Site. Dioxin concentrations at the disposal
site ranged from 0.49 to 1.88 [parts per trillion (pptr) dry weight TEQ
(toxicity equivalent)]. These concentrations were not considered a risk
to the marine environment at that time, and as a point of comparison,
are well below the current marine screening level of 4 pptr dry weight
TEQ, used for screening the suitability of open-water disposal of
dredged material in Puget Sound today. The remote sensing data were
inconclusive about the disposal mound height and areal extent. These
two parameters were identified in the Grays Harbor Eight Mile Site
designation documents and SMMP as indicators of stabilization. The EPA
determined that additional data were warranted to assess whether the
disposed material from the Grays Harbor Navigation Channel Deepening
Project had stabilized.
b. Recent Events
The EPA conducted a survey of the Grays Harbor Eight Mile Site on
July 19, 2016 to assess the physical attributes of the site in
preparation for formal withdrawal of the disposal site from EPA
regulation and management. The main objective of the survey was to
conduct a high-resolution multi-beam echo sounder survey to assess the
bathymetry and surficial geology within and around the disposal site.
The survey focused on characterizing sediments in and around the Grays
Harbor Eight Mile Site to determine whether dredged material had spread
beyond the site boundaries or created a mound that could impact
navigation. The survey area was rectangular, containing the ODMDS and a
500-foot buffer area.
The 2016 survey revealed a disposal mound, ranging 1 to 7 feet
above ambient seafloor elevations, within the ODMDS. This mound
confirmed that dredged material was disposed within the ODMDS
boundaries in 1990. The survey also revealed the appearance of dredged
material slightly outside the northeast portion of the ODMDS. This is
likely the result of movement of sediment by near-bottom currents on
the seafloor after disposal was completed. The Grays Harbor Eight Mile
SMMP predicted a mound on the seafloor of 10 to 15 feet from the
disposal. Since the observed mound was only 1 to 7 feet high, it is
likely that the seafloor currents have suspended the disposed material
and redeposited it, either off the center of the mound or beyond the
boundaries of the ODMDS, over time. This redistribution of disposed
material from the original mound has not caused mounding of
significance beyond the disposal site boundaries, based on the
bathymetric survey results.
The seafloor substrate within the Grays Harbor Eight Mile Site is a
mix of unconsolidated to consolidated sediments, likely ranging from
mud and silts to coarse sand. The 2016 bathymetric survey indicated
that the disposal mound within the ODMDS consists of softer, probably
fine-grained sediments. At the peak of this mound, the sediments appear
to be coarser, which may be an indication of seafloor scour or fine-
grained material not settling on the seafloor but rather staying re-
suspended in the water column. The grain size within the
[[Page 29709]]
ODMDS is different from ambient grain sizes surrounding the disposal
site. This is likely the result of disposal activities, and is limited
to a small, discrete area within the site. Thus, any potential lasting
effects on benthic infauna, or the epibenthic organisms which feed on
these infauna, are negligible.
c. This Action
This action is an administrative procedure to formally remove the
Grays Harbor Eight Mile Site from regulation (40 CFR 228) and EPA
management. The EPA will continue to manage the Grays Harbor Southwest
Navigation Site, located 3.9 nautical miles from the mouth of Grays
Harbor. The Grays Harbor Eight Mile Site that will be removed from
regulation and EPA management is a circle with radius 0.40 statute
miles, centered at: 46[deg]57' N, 124[deg]20.06' W, based upon the
North American Datum of 1927.
4. Environmental Statutory Review--National Environmental Policy Act
(NEPA); Magnuson-Stevens Act (MSA); Marine Mammal Protection Act
(MMPA); Coastal Zone Management Act (CZMA); Endangered Species Act
(ESA); National Historic Preservation Act (NHPA)
a. NEPA
Section 102 of the National Environmental Policy Act of 1969, as
amended (NEPA), 42 U.S.C. 4321 to 4370f, requires Federal agencies to
prepare an Environmental Impact Statement for major federal actions
significantly affecting the quality of the human environment. NEPA does
not apply to this action because the courts have exempted the EPA's
actions under the MPRSA from the procedural requirements of NEPA
through the functional equivalence doctrine. The EPA has, by policy,
determined that where the preparation of NEPA documents for certain EPA
regulatory actions, including action under the MPRSA, is appropriate,
the EPA will prepare an environmental review document. The EPA's
``Notice of Policy and Procedures for Voluntary Preparation of NEPA
Documents'' (63 FR 58045, October 29, 1998), sets out both the policy
and procedures the EPA uses when preparing such environmental review
documents. The EPA has determined that no environmental review document
is necessary for withdrawal of the Grays Harbor Eight Mile Site.
b. MSA and MMPA
The EPA has found no evidence that the disposal of dredged material
has affected the physical, chemical, or biological attributes of the
Site which would impact Essential Fish Habitat (EFH) under Section
305(b) of the Magnuson-Stevens Act, as amended (MSA), 16 U.S.C.
1855(b)(2), nor affect marine mammals protected under the Marine Mammal
Protection Act of 1972, as amended (MMPA), 16 U.S.C. 1361 to 1389.
c. CZMA
The Coastal Zone Management Act, as amended (CZMA), 16 U.S.C. 1451
to 1465, requires Federal agencies to determine whether their actions
will be consistent to the maximum extent practicable with the
enforceable policies of approved state programs. The EPA's withdrawal
of the Grays Harbor Eight Mile Site from regulation will have no effect
on the State of Washington's coastal zone because the disposal site is
approximately four nautical miles seaward of the State's territorial
sea and the EPA found no evidence that the disposal of dredged material
has impacted the biological community, navigation safety, or ocean use
inside or outside the disposal site.
d. ESA
The Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 to
1544, requires Federal agencies to consult with the National Marine
Fisheries Service and the U.S. Fish and Wildlife Service to ensure that
any action authorized, funded, or carried out by the Federal agency is
not likely to jeopardize the continued existence of any endangered or
threatened species or result in the destruction or adverse modification
of any critical habitat. The withdrawal from regulation of the Grays
Harbor Eight Mile Site will have no effect on listed or threatened
species or on any critical habitat. The post-disposal monitoring
conducted by EPA and the USACE indicates that the site will have no
physical, chemical, or biological impacts to benthic marine species.
e. NHPA
The National Historic Preservation Act, as amended (NHPA), 16
U.S.C. 470 to 470a-2, requires Federal agencies to take into account
the effect of their actions on districts, sites, buildings, structures,
or objects, included in, or eligible for inclusion in the National
Register. This site withdrawal will not affect any historic properties.
The withdrawal of the Grays Harbor Eight Mile Site from EPA regulation
means that management of the site by the EPA will be relinquished.
5. Statutory and Executive Order Reviews
This rule withdraws one designated ocean dredged material disposal
site pursuant to Section 102 of the MPRSA and 40 CFR 228.11. This
action complies with applicable executive orders and statutory
provisions as follows:
a. Executive Orders 12866 and 13563
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
b. Paperwork Reduction Act
This action does not impose an information collection burden under
the Paperwork Reduction Act (PRA). The EPA does not reasonably
anticipate collection of information from ten or more people based on
the lack of use of the site since 1990. Consequently, the direct final
action is not subject to the PRA.
c. Regulatory Flexibility
This action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (RFA). This action will not impose any requirements on small
entities. The RFA, as amended by the Small Business Regulatory
Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et seq., generally
requires Federal agencies 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.
For purposes of assessing the impacts of this rule on small entities,
small entity is defined as: (1) A small business defined by the Small
Business Administration's size regulations at 13 CFR part 121; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district, or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. The EPA has determined that this action will not
have a significant economic impact on small entities because the rule
will only have the effect of withdrawing one site
[[Page 29710]]
that had fulfilled its stated purpose when EPA designated the site in
1990.
d. Unfunded Mandates Reform Act
This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-1538, and does
not significantly affect small governments. The action imposes no new
enforceable duty on any state, local or tribal governments or the
private sector.
e. Executive Order 13132: Federalism
This action does not have federalism implications. It does 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 various levels of government.
f. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175, because the withdrawal from EPA regulation of
the Grays Harbor Eight Mile Site will not have a direct effect on
Indian Tribes, on the relationship between the federal government and
Indian Tribes, or on the distribution of power and responsibilities
between the federal government and Indian Tribes. Thus, Executive Order
13175 does not apply to this action. Although Executive Order 13175
does not apply to this action, the EPA consulted with tribal officials
in the development of this action, particularly as it relates to
potential impacts to tribal trust resources and tribal operations
within the Quinault Indian Nation's Usual and Accustomed Area. The
Quinault Indian Nation responded to EPA's request for Tribal
Consultation on April 5, 2018, stating this action does not require
government-to-government consultation.
g. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
Section 3. Background, a. History of Disposal Sites near Grays Harbor,
Washington.
h. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
i. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
j. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this decision is contained in Section 5. Statutory
and Executive Order Reviews, f. Executive Order 13175: Consultation and
Coordination with Indian Tribal Governments.
k. Congressional Review Act
This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Authority: This action is issued under the authority of Section
102 of the Marine Protection, Research and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412.
Dated: May 24, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set out in the preamble, the EPA amends title 40,
chapter I, subchapter H 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.
Sec. 228.15 [Amended]
0
2. Section 228.15 is amended by removing and reserving paragraph
(n)(10).
[FR Doc. 2018-13715 Filed 6-25-18; 8:45 am]
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