[Federal Register Volume 59, Number 33 (Thursday, February 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3536]


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[Federal Register: February 17, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-4837-9]

 

Ocean Dumping; Proposed Designation of Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to designate a deep ocean disposal site (proposed 
SF-DODS) located off San Francisco, California, for the disposal of 
suitable dredged material removed from the San Francisco Bay and other 
nearby harbors or dredging sites. EPA has tentatively determined that 
the site designated in the Final EIS as the preferred site will be the 
site designated as SF-DODS in this proposed rule. The center of the 
proposed SF-DODS is located approximately 49 nautical miles (91 
kilometers) west of the Golden Gate and occupies an area of 
approximately 6.5 square nautical miles (22 square kilometers). Water 
depths within the area range between 8,200 to 9,840 feet (2,500 to 
3,000 meters). The center coordinates of the oval-shaped site are: 
37 deg. 39.0' North latitude by 123 deg. 29.0' West longitude (North 
American Datum from 1983), with length (north-south axis) and width 
(west-east axis) dimensions of approximately 4 nautical miles (7.5 
kilometers) and 2.5 nautical miles (4.5 kilometers), respectively. This 
action is necessary to provide an acceptable ocean dumping site for 
disposal of suitable dredged material, as determined by appropriate 
sediment testing protocols. The proposed designation of SF-DODS is for 
a period of 50 years, and a maximum of 6 million cubic yards of dredged 
material per year. Disposal operations will be prohibited if resources 
for implementing the site management and monitoring program are not 
available.
DATES: Comments must be received on or before March 21, 1994.

ADDRESSES: Send comments to: Mr. Allan Ota, Ocean Disposal Coordinator, 
U.S. Environmental Protection Agency, Region IX (W-7-3), 75 Hawthorne 
Street, San Francisco, California 94105, telephone (415) 744-1980.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Allan Ota, Ocean Disposal 
Coordinator, U.S. Environmental Protection Agency, Region IX (W-7-3), 
75 Hawthorne Street, San Francisco, California 94105, telephone (415) 
744-1980.

SUPPLEMENTARY INFORMATION:
    The supporting document for this proposed designation is the Final 
Environmental Impact Statement (EIS) for Designation of a Deep Water 
Ocean Dredged Material Disposal Site off San Francisco, California, 
August 1993, which is available for public inspection at the following 
locations:

    EPA, Public Information Reference Unit (PIRU), Room 2904 (rear), 
401 M Street, SW., Washington, DC.
    EPA Region IX, Library, 75 Hawthorne Street, 13th Floor, San 
Francisco, California.
    ABAG/MTC Library, 101 8th Street, Oakland, California.
    Alameda County Library, 3121 Diablo Avenue, Hayward, California.
    Bancroft Library, University of California, Berkeley, California.
    Berkeley Public Library, 2090 Kittredge Street, Berkeley, 
California.
    Daly City Public Library, 40 Wembley Drive, Daly City, California.
    Environmental Information Center, San Jose State University, 125 
South 7th Street, San Jose, California.
    Half Moon Bay Library, 620 Correas Street, Half Moon Bay, 
California.
    Marin County Library, Civic Center, 3501 Civic Center Drive, San 
Rafael, California.
    North Bay Cooperative Library, 725 Third Street, Santa Rosa, 
California.
    Oakland Public Library, 125 14th Street, Oakland, California.
    Richmond Public Library, 325 Civic Center Plaza, Richmond, 
California.
    San Francisco Public Library, Civic Center, Larkin & McAllister, 
San Francisco, California.
    San Francisco State University Library, 1630 Holloway Avenue, San 
Francisco, California.
    San Mateo County Library, 25 Tower Road, San Mateo, California.
    Santa Clara County Free Library, 1095 N. Seventh Street, San Jose, 
California.
    Santa Cruz Public Library, 224 Church Street, Santa Cruz, 
California.
    Sausalito Public Library, 420 Litho Street, Sausalito, California.
    Stanford University Library, Stanford, California.

A. 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 authority to designate sites where ocean dumping 
may be permitted. On October 1, 1986 the Administrator delegated 
authority to designate ocean dredged material disposal sites (ODMDS) to 
the Regional Administrator of the EPA Region in which the sites are 
located. The proposed SF-DODS designation action is being made pursuant 
to that authority.
    The EPA Ocean Dumping Regulations (40 CFR 228.4) state that ocean 
dumping sites will be designated by publication pursuant to 40 CFR part 
228. Thisproposed site designation is being published as a proposed 
rulemaking in accordance with Sec. 228.4(e) of the Ocean Dumping 
Regulations, which permits the designation of ocean disposal sites for 
dredged material. Interested persons may participate in this proposed 
rulemaking by submitting written comments within 30 days of the date of 
this publication to the address given above.
    The center of the proposed SF-DODS is located approximately 49 
nautical miles (91 kilometers) west of the Golden Gate and occupies an 
area of approximately 6.5 square nautical miles (22 square kilometers). 
Water depths within the area range between approximately 8,200 to 9,840 
feet (2,500 to 3,000 meters). The center coordinates of the oval-shaped 
site are: 37 deg. 39.0' North latitude by 123 deg. 29.0' West longitude 
(North American Datum from 1983), with length (north-south axis) and 
width (west-east axis) dimensions of approximately 4 nautical miles 
(7.5 kilometers) and 2.5 nautical miles (4.5 kilometers), respectively. 
EPA Region IX now proposes to designate SF-DODS as an ocean dredged 
material disposal site for continued use for a period of 50 years and 
not to exceed 6 million cubic yards of dredged material in any one year 
period. Site use is subject to a Site Management and Monitoring Plan 
(SMMP), of which the goals and objectives are described in the Final 
EIS and summarized in Section G below. A draft SMMP will be made 
available for public review through a separate Public Notice process. 
The draft SMMP, currently under development, incorporates a tiered site 
monitoring structure and MPRSA section 103 permit review. The SMMP will 
available from the EPA Region IX office address given above.

B. EIS Development

    Section 102(c) of the National Environmental Policy Act (NEPA) of 
1969, 42 U.S.C. 4321 et seq., requires that Federal agencies prepare an 
environmental impact statement (EIS) on proposals for major Federal 
actions significantly affecting the quality of the human environment. 
The object of NEPA is to build into the Agency decision-making process 
careful consideration of all environmental aspects of proposed actions.
    A notice of availability of the Draft EIS was published in the 
Federal Register on December 11, 1992 discussing EPA Region IX's intent 
to designate a deep water ocean dredged material disposal site off San 
Francisco (57 FR 58805). EPA Region IX prepared a Draft EIS titled: 
Draft Environmental Impact Statement (EIS) for San Francisco Bay Deep 
Water Dredged Material Disposal Site Designation. The comment period 
ended on January 25, 1993. EPA Region IX received 35 comment letters on 
the Draft EIS and incorporated changes where appropriate. On September 
10, 1993, notice of availability for public review and comment on the 
Final EIS was published in the Federal Register (58 FR 47741). The 
comment period for the Final EIS ended on October 29, 1993. Anyone 
desiring a copy of the proposed rule or the Final EIS may obtain them 
from the EPA Region IX office address given above.

C. Responses to Final EIS Comments

    During the public comment period on the Final EIS, which closed on 
October 29, 1993, EPA Region IX received 9 comment letters. The 
following substantive comments were discussed in these letters.

1. Fisheries Valuation

    The National marine sanctuaries (Gulf of the Farallones National 
Marine Sanctuary, Cordell Bank National Marine Sanctuary, and Monterey 
National Marine Sanctuary/North) commented that the values presented in 
the Final EIS for fisheries valuation were inaccurate.
    Response: These fisheries values, extracted from published 
documents, represented total estimated values for the different 
fisheries. EPA Region IX recognizes that calculated values for these 
fisheries will vary according to the methods used. However, the 
comparison of the alternative sites and selection of the preferred 
alternative site with respect to fisheries was based on landings 
(abundance) of all important commercial and recreational fish and did 
not require the use of assigned fisheries values. EPA Region IX, with 
concurrence by the California Department of Fish and Game (CDFG), 
determined that the existing and potential fisheries resources within 
Alternative Site 5 are minimal and the site is removed from more 
important fishing grounds located near Alternative Sites 3 and 4.

2. Beneficial Use of Dredged Material

    The Department of Water Resources (DWR) commented on the importance 
of beneficial use of dredged material as an option acknowledged in the 
Final EIS. DWR elaborated on the successes of demonstration projects 
for levee maintenance which showed no adverse impacts on soil and water 
quality resulting from the placement of marine sediments.
    Response: EPA Region IX acknowledges these and other successes and 
expects that all beneficial use options will be evaluated further by 
the Long Term Management Strategy (LTMS) through the development of the 
Policy and Programmatic EIS/EIR. The availability of specific 
opportunities for beneficial use of dredged material will be evaluated 
on a case-by-case (permit-by-permit) basis before an ocean disposal 
permit is issued.

3. Incorporation of the Site Management and Monitoring Plan (SMMP) into 
the Final EIS

    The CDFG commented that the SMMP ``be joined to the Final EIS 
through either the Federal rule-making process or supplemental (NEPA) 
process.''
    Response: The purpose of the Final EIS is to analyze alternative 
disposal sites. EPA Region IX shares the concerns that CDFG, the 
National Marine Sanctuaries, and other public interest/environmental 
groups have about adequate management and monitoring of the proposed 
SF-DODS during disposal activities. It is Region IX's intent to 
implement a site management and monitoring plan for the life of 
proposed SF-DODS. EPA Region IX will commit to implementing an adequate 
SMMP in the rule-making and the Record of Decision.

4. Piecemealing of Project

    Coastal Advocates commented that by designating an ocean disposal 
option in advance of the LTMS completing work on the other disposal 
alternatives, EPA and the LTMS program have effectively eliminated 
upland disposal and other options in the near-term. Response: EPA 
Region IX recognizes that the LTMS continues to evaluate other disposal 
options, including upland disposal. Nothing in the proposed ocean 
disposal site designation affects those efforts, or existing disposal 
sites within San Francisco Bay managed under provisions of the Clean 
Water Act. In addition, it should be noted that designation of an ocean 
site does not constitute a permit to dispose any dredged material at 
that site. Each project will be evaluated for compliance with the Ocean 
Dumping criteria (40 CFR part 227) before any disposal can occur at the 
proposed SF-DODS. Furthermore, it is EPA's intent to encourage 
beneficial use of material wherever possible and approve ocean disposal 
of suitable material only when necessary.

5. Need for Ocean Dumping

    Coastal Advocates commented that the analysis in the Final EIS for 
the need for ocean dumping was faulty ``because it does not take into 
account the recent military base closures in the Bay Area.''
    Response: EPA Region IX recognizes that base closures could have a 
long-term effect on the need for dredging and ocean disposal. However, 
even if the long-term need for ocean dumping is substantially reduced 
by base closures, which is speculative, presently available information 
appears to indicate that the proposed SF-DODS will still be needed. It 
appears reasonably certain that there will be substantial dredging 
projects at the various Bay area commercial ports, among other 
facilities, in the next fifty years which will generate large amounts 
of dredged material. Present information indicates that a substantial 
portion of these dredged sediments would be expected to be suitable for 
ocean disposal. The end result is the overall need for ocean dumping 
presented in the Final EIS may or may not be significantly affected in 
the short-term or long-term. In any event, the actual need for ocean 
dumping is determined on a project-by-project basis at the time of 
permitting.

6. Current Navy Project Classified as Historical Dumping

    Coastal Advocates commented that the Navy's use of the disposal 
site concurrent with EPA's site designation prejudices the decision 
process and is a violation of NEPA.
    Response: It should be noted that the Navy's use of their disposal 
site is permitted under section 103 of MPRSA following a NEPA process 
which included an EIS and Supplemental EIS for their project-specific 
use only, separate from EPA's site designation activities. Following 
extensive field studies of the region, the preferred site for long-term 
use (section 102 of MPRSA) was selected by EPA for several reasons, 
including the determinations of: a depositional environment and local 
topographic containment features; no expected significant impacts to 
other resources or amenity areas, such as national marine sanctuaries; 
minimal existing and potential fisheries relative to more important 
fishing grounds located in or near the other alternative sites; lower 
abundances and biomass of demersal fishes, megafaunal invertebrates, 
and infaunal invertebrates; no expected significant impacts to surface 
and midwater dwelling organisms, including seabirds, mammals, and 
midwater fishes; and previous degradation of the environment within the 
preferred alternative site as a result of historical disposal of low-
level radioactive wastes and chemical and conventional munitions in the 
vicinity of the preferred alternative site. In accordance with EPA's 
ocean site selection criteria (40 CFR 228.5(e)), EPA Region IX 
classified the preferred dredged material disposal site as a 
historically-used site based in part on the aforementioned historical 
dumping activities in the vicinity of the preferred site. The proposed 
selection of the preferred alternative site coincides with the Navy's 
decision to identify this site as its Preferred Alternative for dredged 
material disposal. Finally, it is important to note that EPA's proposed 
Preferred Alternative was presented to the LTMS Ocean Studies Work 
Group (OSWG) and received the consensus approval of this work group. 
The OSWG, which has been an integral part of the site designation 
process, is comprised of Federal and State agencies, and numerous 
public interest groups, including local recreational and commercial 
fishing associations and environmental groups. All of these groups have 
an active interest in the potential impacts of dredged material 
management within the San Francisco Bay area.

7. Specific Ocean Dumping Criteria

    Coastal Advocates commented that EPA did not satisfy specific 
criteria of the Ocean Dumping Regulations (40 CFR 228.6), including: an 
inadequate assessment of impacts to recreational tuna fishing 
(Sec. 228.6(a)(2)]; an inadequate assessment of radioactivity in San 
Francisco Bay sediments (Sec. 228.6(a)(4)); inadequate modeling of 
dredged material disposal plumes Sec. Sec. 228.6(a)(2) and 228.6(a)(8); 
a flawed assessment of biological effects of dumping of contaminated 
dredged material (Sec. 228.6(a)(9); and a lack of consideration of 
adverse impacts to the microlayer (Sec. 228.6(a)(9)).
    Response: Region IX has carefully considered in the Final EIS the 
important factors required to satisfy the specific site selection 
criteria. Site designation does not constitute a permit to dispose of 
any dredged material. The Corps is the permitting agency for dredged 
material disposal applications and EPA has a joint approval role in 
determining the suitability of dredged material proposed for ocean 
disposal. Proposed dredged sediments are evaluated on a project-by-
project basis with a rigorous suite of physical, chemical, and bioassay 
tests, involving statistical comparisons to an appropriate 
uncontaminated reference site. Sediments that fail the testing criteria 
are deemed unsuitable and are prohibited from ocean disposal. With 
respect to impacts to recreational tuna fishing, EPA Region IX 
determined that the impacts of disposal plumes would be transient and 
insignificant to these highly mobile pelagic fish which usually are 
abundant in the area only in the fall. The U.S. Navy performed project-
midpoint monitoring activities in the vicinity of the Preferred 
Alternative as required by their MPRSA section 103 permit which 
confirmed the transient nature of the disposal plumes. Although 
radioactivity has not routinely been assessed, if historical 
information or other evidence suggests such contamination, certain 
radioactive isotope measurements can be required by EPA in addition to 
the other aforementioned tests to determine suitability of the proposed 
dredged material. With respect to modelling of the disposal plume and 
sediment footprint on the seafloor, EPA Region IX used conservative 
values for model parameters to obtain results under worst case (highly 
dispersive) conditions. Water column modelling showed that 
concentrations of sediments in the water column would be within 
background levels at the boundaries of the marine sanctuaries, while 
the footprint modelling showed that any deposits of sediment in the 
marine sanctuaries would be at the limits of detection at best under 
optimal conditions. Furthermore, the footprint model does not account 
for biological activity which would mix the deposited sediment into the 
native seafloor sediments. The Navy's project-midpoint monitoring 
studies have largely confirmed the predictions of the fate of the plume 
and footprint. EPA has performed an extensive evaluation of available 
information on potential impacts to sea surface microlayer (including 
an experts' workshop), and concluded that the environmental 
significance of microlayer contamination has not been clearly 
established even for enclosed waters. The concern for microlayer 
effects is largely based on theoretical arguments, laboratory 
bioassays, and limited field studies. The potential for microlayer 
effects depends largely on: contaminant concentrations, lack of surface 
turbulence, degree to which the water body is enclosed or restricted, 
and proximity to important areas containing neustonic populations that 
may be exposed. Because the potential significance of microlayer 
contamination has not been clearly established in relatively enclosed 
water bodies such as Puget Sound, the potential effects are expected to 
be much less for disposal activities in the more turbulent and 
unrestricted offshore oceanic environment. In addition, highly 
contaminated material will not be approved for disposal in ocean 
waters.

8. Requirements of the Endangered Species Act (ESA)

    Coastal Advocates commented that the documents prepared for the ESA 
coordination in the Final EIS did not comply with section 7(a)(2) of 
the ESA, 16 U.S.C. 1536(a)(2).
    Response: In accordance with the aforementioned ESA, EPA Region IX 
formally consulted with the U.S. Fish and Wildlife Service, the 
National Marine Fisheries Service, and California Department of Fish 
and Game to identify any threatened, endangered, or special status 
species that may be affected by the proposed designation of the SF-
DODS. Reviewing all available data, including information from the 
Final EIS requested by these agencies, concurrence was received from 
the three agencies that there would be no adverse impacts to local 
endangered species from the designation of the proposed SF-DODS.

9. Proposed Selection of Preferred Site

    Ocean Advocates commented that the preferred alternative is not 
acceptable for ocean dumping of contaminated material because of: the 
highly dispersive nature of the waters at the site; its use as a 
spawning, nursery, feeding and passage area for living resources; its 
close proximity to three marine sanctuaries; the infeasibility of 
monitoring; and lack of adequate baseline data.
    Response: Site designation does not constitute a permit to dispose 
of any dredged material. Each project will be evaluated on a case-by-
case basis. Rigorous testing of the proposed dredged sediments as 
described in the response to comment #7 above, will ensure that toxic 
or highly contaminated dredged materials will not be disposed at the 
designated disposal site. Although oceanic environments tend to be more 
dispersive than enclosed water bodies, conservative modeling indicates 
that there would be insignificant impacts from dredged material 
disposal, as described in the response to comment #7. EPA's water 
column modeling predicted that concentrations of dredged materials 
following disposal would decrease rapidly to background levels and that 
overall impacts to the local environment would be insignificant. More 
recent Navy mid-project monitoring has confirmed these expectations of 
intermittent and short-term impacts. Therefore, impacts to spawning, 
nursery, feeding and passage areas for living resources are expected to 
be minor and temporary. The preferred alternative site is located north 
of the other alternative sites and is the closest to GFNMS and CBNMS. 
Despite the proximity to the marine sanctuaries, physical oceanographic 
studies indicate that the predominant currents are north-northwest and 
are weaker than the currents in the vicinity of the other alternative 
sites. These oceanographic conditions would be expected to prevent any 
movement of suspended sediments into the National marine sanctuaries. 
As described in the response to comment #7, modelling results indicate 
that suspended sediment transport is insignificant. The recent Navy 
mid-project monitoring efforts clearly shows that monitoring of the 
site is feasible, particularly with respect to the most difficult 
technical tasks related to the deep water depths such as identification 
of the sediment footprint on the seafloor. With regard to baseline 
data, EPA Region IX carefully evaluated all of the important relevant 
data for the region and identified data gaps. An Ocean Studies Plan 
(OSP) was developed jointly with the regional scientists of the OSWG, 
and approved by the LTMS Policy Review Committee. The OSP described 
appropriate field studies necessary to fill those data gaps. The 
results of these field studies and previous studies in the region 
provide the most comprehensive collection of data characterizing the 
Gulf of the Farallones region to date.

D. Alternatives Analysis

    The action discussed in this Proposed Rule is the proposed 
designation of the Preferred Alterative selected in the Final EIS 
(proposed SF-DODS) for disposal of suitable dredged material from the 
San Francisco Bay region over 50 years. The LTMS planning estimate is 
that up to 400 million cubic yards will be dredged in this period; 
however, the proposed SF-DODS will be limited to a maximum disposal 
volume of 6 million cubic yards of dredged material in any one year 
period. The purpose of the designation is to provide an environmentally 
acceptable location for ocean disposal, as part of the Long Term 
Management Strategy (LTMS) for dredged material from this region. 
Approval of specific ocean dredged material disposal permit 
applications is a completely separate process from site designation. 
MPRSA section 103 permit applications are reviewed on a case-by-case 
basis to determine whether the proposed dredged materials are suitable 
for disposal at proposed SF-DODS.
    The Final EIS discussed the need for the site designation and 
examined a range of alternatives to the proposed action, including 3 
alternative deepwater ocean disposal sites. All disposal options, 
including upland, in-bay, and ocean disposal alternatives, and LTMS 
management policies are being evaluated in a separate LTMS Policy EIS/
EIR. The upland and in-bay sites are limited in capacity relative to 
the ocean site for disposal of large volumes of suitable dredged 
material. Disposal alternatives for individual projects will be 
evaluated by EPA Region IX and the Corps' San Francisco District on a 
case-by-case basis during the permitting process. The following ocean 
disposal alternatives were evaluated in the Final EIS:

    1. No Action-Selection of this alternative would prevent final 
designation of the proposed SF-DODS site. Failure to designate a 
permanent ocean disposal site pursuant to section 102 of the MPRSA 
would have significant negative consequences. First, the continued 
foreseeable need to have some place to dispose of sediments from 
various San Francisco Bay dredging projects would place pressure on the 
Corps and EPA to approve on a project-by-project basis the use of 
temporary in-Bay or ocean dumping location pursuant to either Clean 
Water Act section 404 or MPRSA section 103. Approval of dredged 
material disposal via these mechanisms would be less desirable in that 
dump site selection would not be made in the context of long-term 
comprehensive planning. The advantages of the latter, the limiting of 
dumping to a single location and the consideration of cumulative 
impacts and cumulative needs for dumping could be lost if dump site are 
selected piecemeal on a project-by-project basis. The LTMS mission is 
to provide long-term options, including ocean disposal, to accommodate 
the dredged material volumes and compositions anticipated for the 50-
year planning period. Second, the Water Resources Act of 1992 prohibits 
the continued use of ocean dump sites which have not been designated by 
EPA as section 102 dump sites by the end of 1997. If EPA fails to 
designate the proposed SF-DODS by that date, then ocean disposal of 
dredged materials taken from San Francisco Bay projects will be 
effectively precluded. It appears from current information that there 
is a substantial probability that there will not be sufficient capacity 
available in alternative disposal options to accommodate sediments from 
currently contemplated dredging projects. Accordingly, the lack of an 
ocean disposal site could delay or preclude several economically 
important dredging projects.
    2. Alternatives Not Considered for Further Analysis (Study Area 1 
and Study Area 2)-Study Area 1, corresponding to the Channel Bar ODMDS 
is only designated for disposal of sandy material from the San 
Francisco Bay entrance channel. The LTMS considered changing the 
designation of this ODMDS to accept sand from other dredging projects 
in the Bay, but decided that the amount of potentially suitable 
material would be too small to warrant redesignating the site. Based on 
this decision, EPA proposes to eliminate Study Area 1 from further 
consideration. Study Area 2 originally was included as a candidate 
location on the continental shelf, and was subjected to considerable 
study effort. Nevertheless, based on its location within the Monterey 
Bay National Marine Sanctuary (MBNMS) and because dredged material 
disposal at a new ODMDS within the MBNMS is prohibited, EPA proposes to 
eliminate Study Area 2 from further consideration as an alternative.
    3. Deepwater Alternative Site 3-This site is located approximately 
47 nautical miles (87 kilometers) from the Golden Gate in an area where 
depths range approximately 4,590 to 6,230 feet (1,400 to 1,900 meters). 
EPA proposes to eliminate this site from further consideration, 
primarily because of its proximity to Pioneer Canyon and associated 
hardbottom areas.
    4. Deepwater Alternative Site 4-This site is located approximately 
50 nautical miles (93 kilometers) from the Golden Gate in an area where 
depths range approximately from 6,230 to 6,900 feet (1,900 to 2,100 
meters). EPA proposes to eliminate this site from further 
consideration, primarily because of its proximity to Half Moon Bay and 
its high usage as commercial fishing grounds as compared to Alternative 
Site 5.
    5. Deepwater Alternative Site 5 (Preferred Alternative)-EPA 
proposes to select this site (proposed SF-DODS) as the preferred 
alternative based on comparisons of the alternative sites to the 
specific selection criteria. Alternative Site 5 is located furthest 
from the coast (approximately 49 nautical miles west of the Golden 
Gate) and in the deepest depth range (approximately 8,200 to 9840 feet, 
or 2,500 to 3,000 meters). Bathymetric and sediment surveys indicate 
Alternative Site 5 is located in a depositional area which, because of 
existing topographic containment features, is likely to retain dredged 
material which reaches the sea floor. No significant impacts to other 
resources or amenity areas, such as marine sanctuaries, are expected to 
result from designation of Alternative Site 5. Existing and potential 
fisheries resources within Alternative Site 5 are minimal and the site 
is removed from more important fishing grounds located closer to the 
other alternative sites. Abundances and biomass of demersal fishes and 
megafaunal invertebrates, as well as abundances and diversity of 
infaunal invertebrates, at Alternative Site 5 are lower than those at 
the other alternative sites. Potential impacts to surface and mid-water 
dwelling organisms, such as seabirds, mammals, and midwater fishes, are 
expected to be insignificant. Finally, disposal of low-level 
radioactive wastes and chemical and conventional munitions occurred 
historically in the vicinity of Alternative Site 5. Disposal within the 
site has also occurred as part of a Navy MPRSA section 103 permit 
approved for up to 1.2 million cubic yards of suitable dredged 
material.
    The Final EIS presents the information needed to evaluate the 
suitability of ocean disposal areas for final designation of proposed 
SF-DODS and is based on a disposal site environmental study. The 
proposed rule is being promulgated in accordance with MPRSA, the EPA 
Ocean Dumping Regulations, and other applicable Federal environmental 
legislation. A separate Record of Decision (ROD) will be prepared prior 
to or as part of the issuance of the Final Rule for this site 
designation.

E. Site Designation

    Today EPA Region IX proposes to designate SF-DODS as a deepwater 
ocean dredged material disposal site. The center of the proposed SF-
DODS is located approximately 49 nautical miles (91 kilometers) west of 
the Golden Gate and occupies an area of approximately 6.5 square 
nautical miles (22 square kilometers). Water depths within the area 
range between 8,200 to 9,840 feet (2,500 to 3,000 meters). The center 
coordinates of the oval-shaped site are: 37 deg. 39.0' North latitude 
by 123 deg. 29.0' West longitude (North American Datum from 1983), with 
length (north-south axis) and width (west-east axis) dimensions of 
approximately 4 nautical miles (7.5 kilometers) and 2.5 nautical miles 
(4.5 kilometers), respectively.
    Designation of the proposed SF-DODS is for use over a 50-year 
period and not to exceed 6 million cubic yards of dredged material in 
any one year period, subject to a Site Management and Monitoring Plan, 
which will be issued through a separate Public Notice. Annual reports 
will be prepared on the results of site monitoring. If disposal 
operations at the site are shown to cause unacceptable adverse 
environmental impacts, further use of the site will be restricted or 
terminated. A suitable alternative disposal site may be designated by 
EPA in this event. Disposal operations will be prohibited if funds and 
equipment for implementing the site management and monitoring program 
are not available.

F. Regulatory Requirements

    Five general criteria are used in the selection and approval of 
ocean disposal sites for continuing use (40 CFR 228.5). Sites are 
selected to minimize interference with other marine activities, to keep 
any temporary perturbations from causing impacts outside the disposal 
site, and to permit effective monitoring which is designed to evaluate 
specific areas of concern, such as water quality impacts, significant 
movement of sediment outside the site and unacceptable impacts to the 
marine environment or human health. Where feasible, locations off the 
continental shelf and historical sites are chosen. The 11 specific site 
selection criteria are listed in 40 CFR 228.6(a) of the EPA Ocean 
Dumping Regulations. These specific factors are used to evaluate all 
candidate disposal sites.
    The proposed SF-DODS site, as discussed below under the 11 specific 
factors, is acceptable under the 5 general criteria (40 CFR 228.5). The 
5 general criteria and the 11 specific criteria overlap such that if a 
site meets the latter it necessarily meets the former. Historical 
disposal in the vicinity of the preferred site has not resulted in 
significantly adverse effects on fisheries, living resources of the 
ocean, or other uses of the marine environment.

1. Geographical Position, Depth of Water, Bottom Topography and 
Distance from Coast (40 CFR 228.6(a)(1))

    The center of the proposed SF-DODS is located approximately 49 
nautical miles (91 kilometers) west of the Golden Gate and occupies an 
area of 6.5 square nautical miles (22 square kilometers). Water depths 
within the area range between 8,200 to 9,840 feet (2,500 to 3,000 
meters). The center coordinates of the oval-shaped site are: 37 deg. 
39.0' North latitude by 123 deg. 29.0' West longitude (North American 
Datum from 1983), with length (north-south axis) and width (west-east 
axis) dimensions of approximately 4 nautical miles (7.5 kilometers) and 
2.5 nautical miles (4.5 kilometers), respectively.

2. Location in Relation to Breeding, Spawning, Nursery, Feeding, or 
Passage Areas of Living Resources in Adult or Juvenile Phases (40 CFR 
228.6(a)(2))

    The proposed SF-DODS site provides feeding and breeding areas for 
common resident benthic species. Floating larvae and eggs of various 
species are expected to be found at and near the water surface at the 
site as well as the other sites. Designation of the site will not 
affect any geographically limited habitats, breeding sites or critical 
areas that are essential to commercially important species or rare or 
endangered species.

3. Location in Relation to Beaches and Other Amenity Areas (40 CFR 
228.6(a)(3)

    The proposed SF-DODS site is approximately 49 nautical miles (91 
kilometers) west of the Golden Gate, 30 nautical miles (56 kilometers) 
from Pioneer Canyon, 10 nautical miles (19 kilometers) from the Gulf of 
the Farallones National Marine Sanctuary boundary, and 30 (56 
kilometers) nautical miles from the Farallon Islands. EPA Region IX and 
the Corps' San Francisco District have determined that aesthetic 
impacts of plumes, transport of dredged material to any shoreline and 
alteration of any habitat of special biological significance or marine 
sanctuary will not occur if this site is designated.
    Ocean currents flow primarily to the northwest in the upper 2,600 
to 3,000 feet (800 to 900 meters) of the water column, although 
periodic reversals in flow occur. Currents below 3,000 feet (900 
meters) are generally weaker than near-surface currents. Therefore, any 
residual suspended solids from the proposed SF-DODS site will move 
primarily in the north-northwest direction. Initial water column 
modeling results using a conservative approach and assuming disposal of 
6 million cubic yards of dredged sediments per year indicate that 
suspended solid levels would decrease to background levels by the time 
the plume reaches the nearest amenity area (GFNMS boundary). Initial 
footprint modeling using a conservative approach and assuming disposal 
of 6 million cubic yards of dredged sediments per year indicates that 
the majority of the disposed material would be deposited within the 
disposal site.

4. Types and Quantities of Wastes Proposed to be Disposed of, and 
Proposed Methods of Release, Including Methods of Packing the Waste if 
Any (40 CFR 228.6(a)(4))

    Site use over a 50-year period is not to exceed 6 million cubic 
yards of suitable dredged material per year. The projected volumes are 
based on historical annual maintenance dredging volumes and projected 
new work projects in the San Francisco Bay region which could be 
considered for disposal at the ocean site if the material is determined 
to suitable for ocean disposal. The anticipated military base closures 
may reduce the LTMS planning estimates for the total volume of material 
expected to be dredged over a 50-year period. However, the overall 
impact of base closures may be offset by other new projects, such as 
expansion of commercial port facilities in areas vacated by the 
military. Composition of dredged material is expected to range between 
two types: predominantly ``clay-silt'' (e.g., 74% clay, 5% silt, 21% 
sand) versus ``mostly sand'' (e.g., 3% silt, 21% clay, 76% sand). These 
material types are based on data from historical projects from the San 
Francisco Bay region. The expected disposal method would involve split-
hull barges, with capacities ranging between 1,000 to 6,000 cubic 
yards, which would be towed by ocean-going tugboats. The actual amount 
of disposal may vary from the annual average for any given year. EPA 
Region IX and the Corps' San Francisco District will evaluate and 
manage the amount of dredged material proposed for disposal at proposed 
SF-DODS through the MPRSA section 103 permit process.
    All dredged material proposed for disposal at the site must be 
suitable for ocean disposal. This determination will be made by EPA 
Region IX and the Corps' San Francisco District based upon the results 
of physical, chemical and biological tests before a MPRSA section 103 
permit can be issued. Certain dredged material may be exempted from 
chemical and biological testing based upon the physical characteristics 
of the sediments and their location in relation to sources of 
contamination (40 CFR 227.13(b)(1)). Dumping of prohibited materials or 
other industrial or municipal wastes will not be permitted at the site 
(40 CFR 227.5 and 227.6(a)).

5. Feasibility of Surveillance and Monitoring (40 CFR 228.6(a)(5))

    Surveillance and monitoring of the dredged material disposal site 
involves several agencies. The U.S. Coast Guard (U.S.C.G) is the 
Federal agency with authority to conduct onsite surveillance and 
monitoring of vessels involved in disposal activities at sea. For 
dredged material disposal, this monitoring would be to determine that 
the vessels dump the material at the designated disposal site. EPA 
Region IX and the Corps' San Francisco District share the 
responsibilities of managing and monitoring the disposal site, and, 
with the onsite assistance of the U.S.C.G, to enforce permit conditions 
within the limits of their jurisdiction. Recent Navy mid-project 
monitoring activities have clearly confirmed the feasibility of 
surveillance and monitoring at the proposed SF-DODS. A Site Management 
and Monitoring Plan (SMMP) is under development by EPA Region IX and 
the Corps' South Pacific Division and San Francisco District. The goals 
and objectives of the SMMP are summarized in Section G. below. The SMMP 
will be issued through a separate Public Notice.

6. Dispersal, Horizontal Transport and Vertical Mixing Characteristics 
of the Area, Including Prevailing Current Direction and Velocity, if 
Any (40 CFR 228.6(a)(6))

    Ocean currents flow primarily to the northwest in the upper 2,600 
to 3,000 feet (800 to 900 meters) of the water column, although 
periodic reversals in flow occur. Currents below 3,000 feet (900 
meters) are generally weaker than near-surface currents. Therefore, any 
residual suspended solids from the proposed SF-DODS will move primarily 
in the north-northwest direction. Near-bottom flows may be enhanced by 
tidal influences and bottom topography. However, sediment resuspension 
from the seafloor within the preferred site is expected to be minimal. 
Initial water column modeling results, as indicated in the Final EIS, 
using a conservative approach (e.g., modeling parameters adjusted for 
worst case conditions) and assuming disposal of 6 million cubic yards 
of dredged sediments per year, indicate that suspended solid levels 
would decrease to background levels when the plume reached the nearest 
amenity area (GFNMS boundary). Initial footprint modeling using a 
conservative approach and assuming disposal of 6 million cubic yards of 
dredged sediments per year indicate that the majority of the disposed 
material would be deposited within the disposal site.

7. Existence and Effects of Current and Previous Discharges and Dumping 
in the Area (Including Cumulative Effects) (40 CFR 228.6(a)(7)

    Under an MPRSA section 103 permit, the Navy is discharging up to 
1.2 million cubic yards of dredged material at their Navy disposal site 
which is contained within the EPA-preferred Alternative Site 5. No 
other documented disposal of dredged material has occurred within the 
site. However, disposal of radioactive waste containers was conducted 
in the vicinity of Alternative Site 5 from 1951-1954. Likewise, 
chemical and conventional munitions were disposed from approximately 
1958 to the late 1960's at the Chemical Munitions Disposal Area. There 
was no evidence during the site designation field studies of residual 
contamination. Therefore, potentials for cumulative impacts are 
considered unlikely.
    The associated municipal discharge effects from the San Francisco 
Southwest Ocean Outfall (5.4 nautical miles or 10.2 kilometers from 
shore), City of Pacifica Outfall (0.4 nautical miles or 0.8 kilometers 
from shore), and Northern San Mateo County Outfall (0.4 nautical miles 
or 0.8 kilometers from shore) are limited to local areas near the 
outfalls and do not extend to the vicinity of the dredged material 
disposal site. Discharges of dredged material at the Channel Bar ODMDS 
(3.0 nautical miles or 5.6 kilometers from shore) are also limited to 
local areas and not expected to result in farfield impacts. Ocean 
disposal of acid waste, cannery waste, and refinery waste was 
discontinued approximately 20 years ago (in 1971-1972), and presence of 
residual waste which could interact with discharged dredged material to 
produce cumulative, adverse, environmental effects has not been 
detected.

8. Interference with Shipping, Fishing, Recreation, Mineral Extraction, 
Desalination, Fish and Shellfish Culture, Areas of Special Scientific 
Importance and Other Legitimate Uses of the Ocean (40 CFR 288.6(a)(8))

    Interference with shipping, fishing, recreation, mineral 
extraction, desalination, fish and shellfish culture, areas of special 
scientific importance and other uses of the ocean as a result of 
disposal operations is expected to be minimal because of the already 
high volume of ship traffic through the region. From 1980-1991, the 
total vessel transits in the San Francisco Bay region ranged from 
approximately 61,000 to 91,000. As an example of a worst case scenario, 
assuming around-the-clock disposal operations (assuming 3 trips in a 
24-hour period), disposal operations would augment the vessel traffic 
by less than 2 percent. Compared to Alternative Sites 3 and 4, Site 5 
is less utilized as a fisheries resource area. In addition, the 
potential interferences with recreational and scientific boat traffic 
and marine resources (e.g., birds and mammals) near the Farallon 
Islands will be minimized by requirements that barges remain at least 3 
nautical miles from the Islands. Under normal conditions, no 
interference with areas of special importance is expected. However, 
accidents resulting in releases of material near the Farallones may be 
a concern. This will also be mitigated by requiring barges to remain 3 
nautical miles from the Islands and by requiring appropriate load 
limits based on sea conditions.

9. The Existing Water Quality and Ecology of the Site as Determined by 
Available Data or by Trend Assessment or Baseline Surveys (40 CFR 
228.6(a)(9))

    Regional studies described in the Final EIS provide the following 
determinations. Water quality at the proposed SF-DODS is 
indistinguishable from the water quality of nearby areas. Sediments 
contain background levels or low concentrations of trace metal and 
organic contaminants. The demersal fish community within Alternative 
Site 5 have lower numbers of species and abundances (rattails, 
eelpouts, finescale codling) than the other alternative sites. 
Alternative Site 5 contain moderate numbers of megafaunal invertebrate 
species but lower overall abundances (sea cucumbers, brittlestars, sea 
pens) compared to the other alternative sites. Infaunal invertebrates 
within Alternative Site 5 show lower diversity and abundance 
(polychaetes, amphipods, isopods, tanaids) compared to Alternative 
Sites 3 and 4. There have been higher numbers of sightings of marine 
birds and mammals within Alternative Site 5 relative to the other 
alternative sites. Mid-water organisms, including juvenile rockfishes, 
are abundant seasonally within Alternative Site 5 relative to 
Alternative Sites 3 and 4.

10. Potentiality for the Development or Recruitment of Nuisance Species 
in the Disposal Site (40 CFR 228.6(a)(10))

    It is unlikely to see recruitment of nuisance species from the 
disposal of dredged material due to significant differences in water 
depth and environment at the disposal site as compared to the 
relatively shallow dredging sites in the San Francisco Bay region. 
Local opportunistic benthic species characteristic of disturbed 
conditions are expected to be present and abundant at any ODMDS in 
response to physical deposition of sediments. Opportunistic 
polychaetes, such as Capitella, may colonize the disposal site. These 
worms can become food items for bottom-feeding fish and are not 
directly harmful to other species. No recruitment of species capable of 
harming human health or the marine ecosystem is expected.

11. Existence at or in Close Proximity to the Site of Any Significant 
Natural or Cultural Feature of Historical Importance (40 CFR 
228.6(a)(11))

    The California State Historic Preservation Officer has determined 
there are no known historic shipwrecks nor any known aboriginal 
artifacts at the proposed SF-DODS or in the vicinity.

G. Site Management and Monitoring Plan

    A Site Management and Monitoring Plan for the proposed SF-DODS is 
under development by EPA Region IX and the Corps' South Pacific 
Division and San Francisco District with input from the OSWG. The 
practicability of implementing a SMMP at the proposed SF-DODS has been 
confirmed by the recent mid-project MPRSA section 103 permit monitoring 
activities performed by the Navy at the Navy disposal site which is 
contained within the proposed SF-DODS. The completed document will be 
made available for public review through a separate Public Notice 
process and will available upon request from EPA Region IX. For this 
Proposed Rule, the major components of the SMMP (including goals, 
objectives, and criteria) are summarized below.
    a. Data for site management will be provided by a tiered site 
monitoring program which consists of three interdependent modules: a 
Physical Monitoring Module, a Biological Monitoring Module, and a 
Chemical Monitoring Module. The Physical Monitoring Module will provide 
information about the plume behavior in the water column and dredged 
material footprint on the sea floor. The Biological Monitoring Module 
provides information about any detectable effects of the water column 
plume on sea birds, marine mammals, and mid-water fishes. In the event 
that significant amounts of dredged material (i.e., greater than 5 
centimeters) extends outside of the designated site, any detectable 
impacts on the benthos shall be investigated. The Chemical Monitoring 
Module provides data on sediment quality and will evaluate any 
potential bioaccumulation of contaminants in benthic organisms if 
monitoring indicates that substantially elevated concentrations of 
contaminants exist in the sediments. Tier 1 monitoring studies shall be 
performed annually if dredged material disposal occurs at the proposed 
SF-DODS and will include portions of each module. Initiation of 
subsequent studies under Tiers 2 and 3 shall be based on exceedances of 
parameters in Tier 1, as specified in the SMMP.
    (1) Annual Tier 1 monitoring activities shall involve physical, 
chemical, and biological assessments. These activities shall be 
initiated after a period of one year of disposal activities or disposal 
of 6 million cubic yards of dredged materials, whichever comes first. A 
minimum volume of dredged material disposed in any one year period may 
be established as a trigger for conducting the annual surveys of the 
footprint, based on ability to identify the dredged material layer 
within the disposal site. A physical survey of the disposal site shall 
be conducted to determine whether disposed dredged material is 
remaining at the proposed SF-DODS site. Sediment mapping techniques 
(utilizing appropriate technology, such as sediment profile 
photography) shall be used to determine the areal extent and thickness 
of the dredged material deposit footprint relative to the disposal site 
boundaries. Following the physical mapping of the sediment footprint, 
boxcore samples for sediment chemistry and benthos shall be taken 
within the footprint and in unaffected areas surrounding the footprint. 
If a ecologically significant thickness of dredged material (5 
centimeters) is not identified outside the boundary of the disposal 
site, then no management actions (relating to physical monitoring) will 
be necessary. On the other hand, if significant thicknesses of dredged 
material are detected outside the site boundary, then management 
actions (e.g., reevaluation of the site boundary, or restricting or 
stopping disposal) and/or additional field studies (Tier 2) shall be 
implemented to evaluate potential impacts of the dredged material 
deposits outside of the disposal site. The sediment chemistry samples 
shall be analyzed as a conservative measure to assess any long-term 
accumulation of contaminants as a result of dredged material disposal. 
If contaminant trigger levels are not exceeded, then no management 
actions (relating to chemical monitoring) will be necessary. If 
contaminant trigger levels are exceeded, then management actions (e.g., 
restricting or stopping disposal) and additional field studies (Tier 2) 
shall be implemented to evaluate the potential impacts. Biological 
monitoring will be based primarily on continued collection and 
assessment of trends of time-series data for marine birds and mammals 
and midwater fishes in the Gulf of the Farallones region. Periodic 
shipboard observations (which could be required in the permit, as 
appropriate) taken from the vessels involved in disposal operations 
will provide additional data on any potential impacts to these 
organisms. If no significant negative trends are detected and shipboard 
observations do not indicate that adverse impacts are occurring as a 
result of disposal activities, then no management actions (relating to 
biological monitoring) will be necessary. If statistically significant 
negative trends are detected or shipboard observations indicate that 
adverse impacts are occurring as a result of disposal activities, then 
management actions (e.g., restricting or stopping disposal) and 
additional field studies (Tier 2) shall be implemented to assess 
potential impacts.
    (2) Tier 2 monitoring shall occur based on management decisions in 
Tier 1 as described above with consideration of study options, 
including collection of additional data to further evaluate the 
potential physical, chemical, and biological impacts of dredged 
material dispersed in the water column and deposited outside of the 
proposed SF-DODS on sensitive water column and benthic biological 
resources of concern. If warranted, additional physical oceanographic 
studies shall be conducted to improve the models used to predict the 
dispersion and deposition of dredged material at the disposal site. 
These additional studies may include: the collection of additional 
current meter data, deployment of sediment traps, and deployment of 
Lagrangian drifters. If the additional data indicate that no detectable 
(above background) concentrations of material are entering the 
sanctuaries, then no management actions would be necessary. If the data 
do indicate significant elevated concentrations of sediments are 
entering the sanctuaries, then management actions (e.g., restricting or 
stopping disposal) shall be implemented. The benthic resources of 
concern include infauna, epifauna and demersal fishes identified in the 
Final EIS and in the 1985 to 1987 fish block data from the California 
Department of Fish and Game. The benthic community within the sediment 
footprint will be compared to benthic communities in adjacent areas 
outside of the footprint. Additional monitoring activities in a higher 
tier (Tier 3) may not be necessary if a management decision can be made 
with the data obtained from the benthic community comparisons. If more 
data are needed to make a management decision, Tier 3 monitoring shall 
be initiated with consideration of options, including testing for 
bioaccumulation of contaminants in tissues of appropriate benthic and/
or epifaunal organisms. EPA and the Corps, in consultation with the 
OSWG, will determine the appropriate sampling methodologies for marine 
birds and mammals based on results of the Physical Monitoring Module in 
Tiers 1 and 2.
    (3) Tier 3 monitoring shall be conducted if chemical and/or 
biological triggers are exceeded in Tier 2. This tier involves the 
assessment of benthic body burdens of contaminants and correlation with 
comparison of the benthic communities inside and outside of the 
sediment footprint. EPA Region IX will determine whether the proposed 
SF-DODS is a source of significant bioaccumulation in the tissues of 
benthic species collected at the proposed SF-DODS compared to adjacent 
unimpacted areas. These data will be used to determine: the continuing 
use of the proposed SF-DODS; the management options to further limit 
disposal times, quantities or characteristics of the dredged material; 
or the possible closure of the site after another site is designated.
    b. Guidelines for site use included in the Site Management and 
Monitoring Plan are:

    (1) Use of the site shall be restricted to disposal of dredged 
sediments only, regulated under section 103 of MPRSA.
    (2) All sediments proposed for dredging must be determined to be 
suitable for ocean disposal by EPA Region IX and the Corps' San 
Francisco District in accordance with the 1991 EPA/Corps Green Book and 
Region Implementation Manual. Suitability for ocean disposal will be 
determined after review of the results of physical, chemical and 
biological testing of the sediments, except those sediments 
specifically exempted under the regulations (40 CFR 227.13(b)(1,2,3)) 
from such testing. When the material does not qualify for an exemption, 
testing and reporting procedures shall be conducted as described in 
procedures approved by EPA Region IX and the Corps' San Francisco 
District.
    (3) No dredged material will be disposed at the proposed SF-DODS 
without a MPRSA section 103 permit issued by the Corps' San Francisco 
District, or as authorized in a Corps' Civil Works project. All such 
permits or Corps' Civil Works projects are subject to the approval of 
EPA Region IX. All disposal operations shall be carried out according 
to special conditions and other procedures set out in the MPRSA section 
103 permits or specifications of the Corps' Civil Works project.
    (4) If the dredged material is shown to form significant surface 
plumes, the timing of disposal operations may be restricted in any 24-
hour period.
    (5) The maximum allowable volume of disposal is 6 million cubic 
yards per year. However, it is expected that lower volumes of sediment 
would be disposed as a result of either unsuitability (as determined by 
sediment tests) or selection of other disposal options such as 
beneficial use.
    (6) All sediments shall be discharged within a 3,200-foot radius 
circle centered at the center coordinates of the disposal site, unless 
otherwise directed.
    (7) There are no restrictions on the type of disposal equipment 
that can be used; however, it is anticipated that most of the dredged 
material will be excavated with clamshell dredges and disposed from 
towed split-hull scows or barges; or excavated by hopper dredges and 
disposed from the hopper dredge or a towed barge.
    (8) The U.S.C.G is responsible for surveillance of vessels 
disposing of dredged material at the site. As staff and equipment 
availability permit, EPA Region IX, the Corps' San Francisco District 
or the U.S.C.G may provide an on-board observer, an escort, or impose 
other requirements to confirm that disposal occurs within the central 
dumping zone.
    (9) The following reporting requirements shall be incorporated into 
all MPRSA section 103 permits for use of the proposed SF-DODS:

    (a) The permittee shall notify EPA Region IX, the Corps' San 
Francisco District and the U.S.C.G Marine Safety Office in Alameda at 
least two weeks before the start of the disposal activity.
    (b) Each permittee shall provide EPA Region IX, and the Regulatory 
Branch of the Corps' San Francisco District, with the following 
information within 30 days following the end of the disposal operation:
    Project Information: Project name; permittee; permit number; 
project beginning and ending dates; project description, including map 
of area dredged, depth of dredging, side slopes and tolerance dredging 
(overdredging depth); and type of dredging, either construction or 
maintenance.
    Disposal Information (For each trip to the disposal site): Date; 
hopper dredge or towing vessel and scow or barge name, number and 
owner; master of the hopper dredge or towing vessel; capacity of 
disposal vessel, hopper dredge, scow or barge (in cubic yards and cubic 
meters); volume discharged (actual volume, not pay volume); a certified 
plot of all hopper dredge, barge or scow disposal tracks once inside 
the boundaries of the proposed SF-DODS, including the time and 
coordinates for the beginning and ending of disposal; and any unusual 
conditions affecting disposal on any trip (i.e., heavy seas, equipment 
malfunction, etc.).
    Post-Dredging Information: A post-dredging hydrographic survey 
compared to a pre-dredging hydrographic survey taken at the dredging 
site shortly before dredging began; number of disposal trips; total 
amount of dredged material dumped at the proposed SF-DODS in cubic 
yards and cubic meters, and dredged quantity calculations necessary to 
determine the extent of dredging at the project site; and if the 
dredged material is not exempt from testing, the mass loading of 
materials disposed at the proposed SF-DODS should be calculated based 
on chemical analyses used to characterize the dredged material before 
the permit was issued.
    c. Monitoring shall occur as specified in the SMMP. If funds to 
implement the necessary monitoring are not available, disposal 
operations will not be allowed to continue for that time period. If 
monitoring identifies that significant adverse impacts are occurring at 
or beyond the site boundary, site use or designation can be modified or 
terminated by EPA Region IX to reduce adverse environmental impacts. 
These modifications will be governed by the following criteria:

    (1) Exceedance of Federal water quality criteria after disposal 
within the site or beyond the proposed SF-DODS boundary as specified in 
the Ocean Dumping Regulations (40 CFR 227.29(a)).
    (2) Movement of disposed material toward significant biological 
resource areas or marine sanctuaries.
    (3) Significant adverse changes in the structure of the benthic 
community outside the disposal site boundary.
    (4) Significant adverse bioaccumulation in organisms collected from 
the disposal site or areas adjacent to the proposed SF-DODS boundary 
compared to the reference site.
    (5) Significant adverse impacts upon commercial or recreational 
fisheries resources near the site.

H. Action

    EPA Region IX has concluded that the proposed SF-DODS may 
appropriately be designated for use over a period of 50 years and not 
to exceed 6 million cubic yards of suitable dredged material per year. 
Designation of the proposed SF-DODS complies with the general and 
specific criteria used for site evaluation. The proposed designation of 
the proposed SF-DODS as an EPA-approved Ocean Dumping Site is being 
published as proposed rulemaking. Management of this site will be the 
responsibility of the Regional Administrator of EPA Region IX in 
cooperation with the Corps' South Pacific Division Engineer and the San 
Francisco District Engineer, based on objectives defined in the Site 
Management and Monitoring Plan for the proposed SF-DODS. This Site 
Management and Monitoring Plan will be issued through a separate Public 
Notice.
    It should be emphasized, if an ocean dumping site is designated, 
such a site designation does not constitute or imply EPA Region IX's or 
the Corps' San Francisco District's approval of actual ocean disposal 
of dredged materials. Before ocean dumping of dredged material at the 
site may begin, EPA Region IX and the Corps' San Francisco District 
must evaluate permit applications according to EPA's Ocean Dumping 
Criteria. EPA Region IX or the Corps' San Francisco District have the 
right to deny permits if either agency determines that the Ocean 
Dumping Criteria of MPRSA have not been met.

I. Regulatory Assessments

    Under the Regulatory Flexibility Act, EPA is required to perform a 
Regulatory Flexibility Analysis for all rules which may have a 
significant impact on a substantial number of small entities. EPA has 
determined that this action will not have a significant impact on small 
entities since the site designation will only have the effect of 
providing a disposal option for dredged material. Consequently, this 
rule does not necessitate preparation of a Regulatory Flexibility 
Analysis.
    This action will not result in an annual effect on the economy of 
$100 million or more or cause any of the other effects which would 
result in its being classified by the Executive Order as a major rule. 
Consequently, this action does not necessitate preparation of a 
Regulatory Impact Analysis.
    This action does not contain any information collection 
requirements subject to Office of Management and Budget review under 
the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: February 7, 1994.
Felicia A. Marcus,
Regional Administrator, EPA Region IX.

    In consideration of the foregoing, part 228 of chapter I of title 
40 is amended as set forth below.

PART 228-[AMENDED]

    1. The authority citation for part 228 continues to read as 
follows:

    Authority: 33 U.S.C. 1412 and 1418.

    2. Section 228.12 is amended by adding paragraph (b)(70) to read as 
follows:


Sec. 228.12  Delegation of management authority for ocean dumping 
sites.

* * * * *
    (b) * * *
    (70) Proposed San Francisco Deepwater Ocean Site (proposed SF-DODS) 
Ocean Dredged Material Disposal Site--Region IX.
Location: Center coordinates of the oval-shaped site are: 37 deg. 39.0' 
North latitude by123 deg. 29.0' West longitude (North American Datum 
from 1983), with length (north-south axis) and width (west-east axis) 
dimensions of approximately 4 nautical miles (7.5 kilometers) and 2.5 
nautical miles (4.5 kilometers), respectively.
Size: 6.5 square nautical miles (22 square kilometers).
Depth: 8,200 to 9,840 feet (2,500 to 3,000 meters).
Primary Use: Ocean dredged material disposal.
Period of Use: Continuing use over 50 years from date of site 
designation and not to exceed 6 million cubic yards of suitable dredged 
material per year, subject to a detailed Site Management and Monitoring 
Plan (SMMP) issued through a separate Public Notice.
Restrictions: Use of the site shall be subject to management decisions 
based on results of monitoring as prescribed in the SMMP, which will be 
issued through a separate Public Notice. Resources for implementing the 
SMMP must be available in order for disposal operations to occur. 
Disposal shall be limited to dredged sediments that comply with EPA's 
Ocean Dumping Regulations. Disposal operations shall be conducted in 
accordance with permit conditions specific to each approved project.
* * * * *
[FR Doc. 94-3536 Filed 2-16-94; 8:45 am]
BILLING CODE 6560-50-F