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