[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Rules and Regulations]
[Pages 25147-25149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11678]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228

[FRL-5204-6]


Ocean Dumping; Final Site Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA today designates an Ocean Dredged Material Disposal Site 
(ODMDS) in the Gulf of Mexico offshore Tampa, Florida, as an EPA-
approved ocean dumping site for the disposal of suitable dredged 
material. This action is necessary to provide an acceptable ocean 
disposal site for consideration as an option for dredged material 
disposal projects in the greater Tampa, Florida vicinity. This site 
designation is for an indefinite period of time, but the site is 
subject to continuing monitoring to insure that unacceptable adverse 
environmental impacts do not occur.

EFFECTIVE DATE: This designation shall become effective on June 12, 
1995.

ADDRESSES: Wesley B. Crum, Chief, Coastal Programs Section, Water 
Management Division, U. S. Environmental Protection Agency, Region IV, 
345 Courtland St, NE., Atlanta, Georgia 30365.

FOR FURTHER INFORMATION CONTACT: Gary W. Collins, 404/347-1740 ext. 
4286.

SUPPLEMENTARY INFORMATION:

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 the authority to designate sites where ocean 
disposal may be permitted. On October 1, 1986, the Administrator 
delegated the authority to designate ocean disposal sites to the 
Regional Administrator of the Region in which the sites are located. 
This designation of a site offshore Tampa, Florida, which is within 
Region IV, is being made pursuant to that authority.
    The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR 
chapter I, subchapter H, Sec. 228.4) state that ocean dumping sites 
will be designated by promulgation in this part 228. A list of 
``Approved Interim and Final Ocean Dumping Sites'' was published on 
January 11, 1977 (42 FR 2461 (January 11, 1977)). The list established 
two sites for Tampa, Site A and Site B, as interim sites. Subsequent 
legal action by Manatee County and extensive field efforts have 
resulted in the identification of the now proposed site. The details of 
these events can be found in the ``Final Environmental Impact Statement 
for the Designation of an Ocean Dredged Material Disposal Site Located 
Offshore Tampa, Florida.''

B. EIS Development

    Section 102(2)(C) of the National Environmental Policy Act (NEPA) 
of 1969, as amended, 42 U.S.C. 4321 et seq., requires that federal 
agencies prepare an Environmental Impact Statement (EIS) on proposals 
for legislation and other 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. While NEPA does not apply to 
EPA activities of this type, EPA has voluntarily committed to prepare 
EISs in connection with ocean disposal site designations such as this 
(see 39 FR 16186 (May 7, 1974)).
    EPA, in cooperation with the Jacksonville District of the U.S. Army 
Corps of Engineers (COE), has prepared a Final EIS (FEIS) entitled 
``Final Environmental Impact Statement for the Designation of An Ocean 
Dredged Material Disposal Site Located Offshore Tampa, Florida.'' On 
September 23, 1994, the Notice of Availability (NOA) of the FEIS for 
public review and comment was published in the Federal Register (59 FR 
48878 (September 23 1994)). Anyone desiring a copy of the EIS may 
obtain one from the address given above. The public comment period on 
the final EIS closed on October 24, 1994. The closing date was extended 
for 15 days due to a request by the State of Florida.
    EPA received 1 comment letter on the Final EIS. The letter was from 
the State of Florida (dated November 18, 1994) and stated that the 
proposed designation was found to be consistent with the Florida 
Coastal Management Program.
    This rule permanently designates the continued use of the 
previously designated Site 4 near Tampa, Florida. The purpose of the 
action is to provide an environmentally acceptable option for the ocean 
disposal of dredged material. The need for the permanent designation of 
the Tampa ODMDS is based on a demonstrated COE need for ocean disposal 
of maintenance dredged material from the Federal navigation projects in 
the greater Tampa Bay area. However, every disposal activity by the COE 
is evaluated on a case-by-case basis to determine the need for ocean 
disposal for that particular case. The need for ocean disposal for 
other projects, and the suitability of the material for ocean disposal, 
will be determined on a case-by-case basis as part of the COE's process 
of issuing permits for ocean disposal for private/federal actions and a 
public review process for their own actions.
    For the Tampa ODMDS, the COE and EPA would evaluate all federal 
dredged material disposal projects pursuant to the EPA criteria given 
in the Ocean Dumping Regulations (40 CFR parts 220 through 229) and the 
COE regulations (33 CFR 209.120 and parts 335-338). The COE then issues 
Marine Protection, Research, and Sanctuaries Act (MPRSA) 
[[Page 25148]] permits after compliance with regulations is determined 
to private applicants for the transport of dredged material intended 
for ocean disposal. EPA has the right to disapprove any ocean disposal 
project if, in its judgment, the MPRSA environmental criteria (Section 
102(a)) or conditions of designation (Section 102(c)) are not met.
    The FEIS discusses the need for this site designation and examines 
ocean disposal site alternatives to this action.
    Non-ocean disposal options have been examined and are discussed in 
the FEIS.
    EPA proposed the designation of this site on January 13, 1995 (60 
FR 3186). The public comment period expired on February 27, 1995. Only 
one letter was received on the proposed designation of the Tampa ODMDS. 
The letter, from the U. S. Department of the Interior (DOI), expressed 
concern that some of the material may come from portions of the channel 
that lie within the Federal Outer Continental Shelf (OCS) and the need 
to inform the DOI's Minerals Management Service (MMS) of such 
activities. The DOI also expressed concern that material coming from 
the OCS and used for activities such as beach nourishment could not be 
removed without a mineral lease issued by MSS. EPA believes that these 
comments are pertinent only to the COE's permitting action that is 
discussed previously and no response is needed.

C. Site Designation

    The site is located west of Tampa, Florida, approximately 18 
nautical miles (nmi) offshore. The ODMDS occupies an area of about 4 
square nautical miles (nmi\2\), in the configuration of an approximate 
2 nmi by 2 nmi square.
    Water depths within the area average 22 meters (m). The coordinates 
of the Tampa site are as follows:

27 deg.32'27'' N                     83 deg.06'02'' W;                  
27 deg.32'27'' N                     83 deg.03'46'' W;                  
27 deg.30'27'' N                     83 deg.06'02'' W; and              
27 deg.30'27'' N                     83 deg.03'46'' W.                  
                                                                        

D. Regulatory Requirements

    Pursuant to the Ocean Dumping Regulations, 40 CFR 228.5, five 
general criteria are used in the selection and approval for continuing 
use of ocean disposal sites. Sites are selected so as to minimize 
interference with other marine activities, to prevent any temporary 
perturbations associated with the disposal from causing impacts outside 
the disposal site, and to permit effective monitoring to detect any 
adverse impacts at an early stage. Where feasible, locations off the 
Continental Shelf and other sites that have been historically used are 
to be chosen. If, at any time, disposal operations at a site cause 
unacceptable adverse impacts, further use of the site can be restricted 
or terminated by EPA. The site conforms to the five general criteria.
    In addition to these general criteria in Sec. 228.5, Sec. 228.6 
lists the 11 specific criteria used in evaluating a disposal site to 
assure that the general criteria are met. Application of these 11 
criteria constitutes an environmental assessment of the impact of 
disposal at the site. The characteristics of the site were reviewed in 
the proposed rule in terms of these 11 criteria (the EIS may be 
consulted for additional information).

E. Site Management

    Site management of the Tampa ODMDS is the responsibility of EPA as 
well as the COE. The COE issues permits to private applicants for ocean 
disposal; however, EPA/Region IV assumes overall responsibility for 
site management.
    The Site Management and Monitoring Plan (SMMP) for the Tampa ODMDS 
was developed as a part of the process of completing the EIS. This 
plan, the result of partnering of the federal, state and local 
authorities who have an interest in ocean disposal and the protection 
of marine resources, provides procedures for both site management and 
for the monitoring of effects of disposal activities. The SMMP Team 
will meet regularly to review the site activities and make 
recommendations to EPA and the COE on future management and monitoring 
of the ODMDS. This SMMP is intended to be flexible and may be modified 
by the responsible agency for cause. Copies of the SMMP are available 
either separately or as part of the EIS at the address given above.

F. Site Designation

    The EIS concludes that the site may appropriately be designated for 
use. The site is compatible with the 11 specific and 5 general criteria 
used for site evaluation.
    The designation of the Tampa site as an EPA-approved ODMDS is being 
published as Final Rulemaking. Overall management of this site is the 
responsibility of the Regional Administrator of EPA/Region IV.
    It should be emphasized that, if an ODMDS is designated, such a 
site designation does not constitute EPA's approval of actual disposal 
of material at sea. Before ocean disposal of dredged material at the 
site may commence, the COE must evaluate a permit application according 
to EPA's Ocean Dumping Criteria. EPA has the right to disapprove the 
actual disposal if it determines that environmental concerns under 
MPRSA have not been met.
    The Tampa ODMDS is not restricted to disposal use by federal 
projects; private applicants may also dispose suitable dredged material 
at the ODMDS once relevant regulations have been satisfied. This site 
is restricted, however, to suitable dredged material from the greater 
Tampa, Florida vicinity.

G. Regulatory Assessments

    Under the Regulatory Flexibility Act, EPA is required to perform a 
Regulatory Flexibility Analysis for all rules that 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 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.
    Under Executive Order 12866, EPA must judge whether a regulation is 
``major'' and therefore subject to the requirement of a Regulatory 
Impact 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 Rule does not necessitate 
preparation of a Regulatory Impact Analysis.
    This Final Rule 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.
Patrick M. Tobin,
Acting Regional Administrator.

    In consideration of the foregoing, subchapter H of chapter I of 
title 40 is amended as follows:

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 228.15 is amended by adding paragraph (h)(18) to read as 
follows:


Sec. 228.15  Dumping sites designated on a final basis.

* * * * *
    (h) * * * [[Page 25149]] 
    (18) Tampa, Florida; Ocean Dredged Material Disposal Site ________ 
Region IV.
    (i) Location:

27 deg.32'27'' N                     83 deg.06'02'' W;                  
27 deg.32'27'' N                     83 deg.03'46'' W;                  
27 deg.30'27'' N                     83 deg.06'02'' W;                  
27 deg.30'27'' N                     83 deg.03'46'' W.                  
                                                                        

    (ii) Size: Approximately 4 square nautical miles.
    (iii) Depth: Approximately 22 meters.
    (iv) Primary use: Dredged material.
    (v) Period of use: Continuing use.
    (vi) Restriction: Disposal shall be limited to suitable dredged 
material from the greater Tampa, Florida vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
* * * * *
[FR Doc. 95-11678 Filed 5-10-95; 8:45 am]
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