[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Rules and Regulations]
[Pages 29537-29539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12335]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R2-OW-2014-0587; FRL-9928-04-Region 2]
Modification of the Designations of the Caribbean Ocean Dredged
Material Disposal Sites
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Through this rulemaking, the U.S. Environmental Protection
Agency (EPA) is modifying the designations for the five Ocean Dredged
Material Disposal Sites (ODMDS) around Puerto Rico (San Juan Harbor, PR
ODMDS; Yabucoa Harbor, PR ODMDS; Ponce Harbor, PR ODMDS; Mayaguez
Harbor, PR ODMDS; Arecibo Harbor, PR ODMDS). Currently, each of the
ODMDS is restricted to only allow disposal of dredged material from the
specific harbor for which it is named. This modification removes the
restriction that limits eligibility for disposal at each of the
disposal sites based solely on the geographic origin of the dredged
material. The modifications to the site designations do not actually
authorize the disposal of any particular dredged material at any site.
All proposals to dispose of dredged material at any of the designated
sites will continue to be subject to project-specific reviews and must
still be demonstrated to satisfy the criteria for ocean dumping before
any material is authorized for disposal. This rulemaking was taken to
provide long-term flexibility for management of any dredged material
that may potentially be derived from maintenance, development, or
emergency activities in areas outside those harbors provided for in the
original designations. The modifications to the site designations are
for an indefinite period of time. Each ODMDS will continue to be
monitored to ensure that significant unacceptable, adverse
environmental impacts do not occur as a result of dredged material
disposal at the site.
DATES: This final rule is effective on June 22, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OW-2014-0587. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy by appointment at the Dredging,
Sediment and Oceans Section (CWD), U.S. Environmental Protection
Agency, Region 2, 290 Broadway, New York, NY 10007. This Docket
Facility is open from 8:30 a.m. and 4:30 p.m., Monday through Friday,
excluding legal holidays. The Docket telephone number is 212-637-3799.
FOR FURTHER INFORMATION CONTACT: Mark Reiss, Clean Water Division
Region 2 (24th Floor), Environmental Protection Agency, 290 Broadway
New York, NY 10007; telephone number: 212-637-3799; fax number: 212-
637-3891; email address: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Regulatory Reviews
IV. Statutory and Executive Order Reviews
I. 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. EPA is
conducting this rulemaking to remove the geographic restrictions on the
origin of the dredged material that can be disposed from the
designations of the San Juan Harbor, PR Ponce Harbor, PR, Yabucoa
Harbor, PR, Mayaguez Harbor, PR and Arecibo Harbor, PR ODMDSs.
The site modifications in this action provide the Corps,
Commonwealth of Puerto Rico, municipal, and private entities with
greater long term flexibility in managing dredged materials outside the
specific harbors provided for in the original designations.
The background for today's action is discussed in detail in EPA's
October 14, 2014, proposal (79 FR 61591). The EPA received two comments
on the proposed rule that supported the rulemaking. One of the letters
raised some general concerns about the need to ensure that sensitive
marine habitats are not adversely impacted by activities allowed by
this rulemaking.
Modification of the designation of ocean disposal sites under 40
CFR part 228 is essentially a preliminary, planning measure. The
practical effect of such a designation is only to require that if
future ocean disposal activity is permitted and/or authorized (in the
case of Corps projects) under 40 CFR part 227, then such disposal
should normally be consolidated at the designated sites (see 33 U.S.C.
1413(b).) Modification of the designation of an ocean disposal site
does not authorize any actual disposal and does not preclude EPA or the
Corps from finding available and environmentally preferable alternative
means of managing dredged materials, or from finding that certain
dredged material is not suitable for ocean disposal under the
applicable regulatory criteria.
This modification provides flexibility for management of dredged
material from areas outside the harbors provided for in the original
designations. However, it should be emphasized that modification of the
designations of the ODMDS does not constitute or imply Corps' or EPA's
approval of open water disposal of dredged material from any specific
project. Before disposal of dredged material at any site may commence,
Essential Fish Habitat and Endangered Species Act consultations must be
completed, and EPA and the Corps must evaluate the proposal and
authorize disposal according to the ocean dumping regulatory criteria
(40 CFR part 227). All projects proposed for disposal at the ODMDS will
be subject to review and comment by the relevant resource agencies and
the public to ensure that any concerns regarding potential impacts
associated with transport of material from the project area to the
ODMDS are addressed before they are authorized for disposal. All
transport and disposal activities must adhere to the strict provisions
and restrictions laid out for each site in its Site Monitoring and
Management Plan, which include specific monitoring and management
requirements to avoid impacts to sensitive habitats. Finally, EPA has
the right to disapprove the actual disposal, if it determines that
[[Page 29538]]
environmental requirements under the MPRSA (including required
Essential Fish Habitat and Endangered Species Act consultations) have
not been met.
Enabling management of the additional dredged materials at
monitored designated sites restricts impacts to those areas and
minimizes the potential for using other near shore discharge strategies
with potentially greater impacts to the marine environment. As such,
this rulemaking would afford additional protection of aquatic organisms
at individual, population, community, or ecosystem levels of ecological
structures and sensitive marine habitats will not be adversely impacted
by activities allowed by this rulemaking.
II. Final Action
The EPA hereby modifies the designations of Arecibo Harbor PR Ocean
Disposal Site, Mayaguez Harbor PR Ocean Disposal Site, Ponce Harbor PR
Ocean Disposal Site, San Juan Harbor PR Ocean Disposal Site and Yabucoa
Harbor PR Ocean Disposal Site by removing the geographic restrictions
on the origin of dredged material that can be managed at each site.
This modification is made pursuant to MPRSA section 102(c). These ocean
disposal sites are located in ocean waters off Puerto Rico outside the
harbors corresponding to their names.
III. Regulatory Reviews
Details of the regulatory requirements of this rule are in EPA's
October 14, 2014, proposed rule, 79 FR 61591. To summarize, this final
rule complies as follows:
--It complies with the National Environmental Policy Act of 1969 (42
U.S.C. 4332) under the doctrine of functional equivalency; the EPA has
relied on information from the final Environmental Impact Statement in
its consideration and application of ocean dumping criteria to
modification of the designations of the San Juan Harbor, PR Ponce
Harbor, PR, Yabucoa Harbor, PR, Mayaguez Harbor, PR and Arecibo Harbor,
PR dredged material sites;
--It complies with the Endangered Species Act (16 U.S.C. 1536(a)(2),
regarding consultations with the U.S. Fish and Wildlife Service and
National Marine Fisheries Service in that modification of the
designations of the ocean disposal sites is not expected to adversely
affect any threatened or endangered species or their critical habitat;
--It complies with the Magnuson-Stevens Fishery Conservation and
Management Act of 1996 regarding consultation with the National Marine
Fisheries Service in that modification of the designations of the ocean
disposal sites is not expected to have significant impacts to marine
fishery resources; and
--It complies with the Coastal Zone Management Act, regarding federal
activities that affect a state's coastal zone in that the Corps will
submit Coastal Zone Consistency determinations to the Commonwealth of
Puerto Rico for individual projects proposing to dispose at the sites.
IV. Statutory and Executive Order Reviews
Details of the applicability of executive orders and statutory
provisions to this rule are in EPA's October 14, 2014, proposed rule,
79 FR 61591. To summarize, this final rule complies with applicable
executive orders and statutory provisions as follows:
--It is not a ``significant regulatory action'' subject to Office of
Management and Budget (OMB) review under Executive Order 12866 (58 FR
51735, October 4, 1993);
--It does not impose an information collection burden under the
provisions of the Paperwork Reduction Act 44 U.S.C. 3501 et seq;
--It is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601);
--It does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);
--It does not have Federalism implications as specified in Executive
Order 13132 (64 FR 43255, August 10, 1999);
--It is not an economically significant regulatory action based on
health or safety risks subject to Executive Order 13045 (62 FR 19885,
April 23, 1997);
--It has no Tribal implications, as specified in Executive Order 13175
(65 FR 67249, November 9, 2000);
--It is not an economically significant regulatory action subject to
Executive Order 12866 (62 FR 19885, April 23, 1997), and does not
present a disproportionate risk to children;
--It is not a significant regulatory action under Executive Order 12866
and so is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001) ;
--It is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113, 12(d)
(15 U.S.C. 272 note) as it does not involve technical standards;
--It will not have a disproportionately high and adverse human health
or environmental effects on minority or low-income populations subject
to Executive Order 12898 (59 FR 7629);
-- EPA has written this rulemaking in plain language to be consistent
with the Plain Language Directive of Executive Order 12866; and
-- It will provide additional protection of aquatic organisms and
therefore advances the objective of Executive Order 13158 (65 FR 34909,
May 31, 2000) to protect marine areas.
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Authority: 33 U.S.C. 1412 and 1418.
Dated: April 20, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
In consideration of the foregoing, EPA hereby 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 revising paragraphs (d)(10)(vi),
(d)(11)(vi), (d)(12)(vi), (d)(13)(vi), and (d)(14)(vi) to read as
follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(d) * * *
(10) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
[[Page 29539]]
(11) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
(12) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
(13) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
(14) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
* * * * *
[FR Doc. 2015-12335 Filed 5-21-15; 8:45 am]
BILLING CODE 6560-50-P