[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Rules and Regulations]
[Pages 49228-49230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23577]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-5300-4]


Ocean Dumping; Site Modifications and Site Dedesignation; 
Charleston, South Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA today modifies the designation of an Ocean Dredged 
Material Disposal Site (ODMDS) and dedesignates another ODMDS in the 

[[Page 49229]]
Atlantic Ocean offshore Charleston, South Carolina. The modifications 
are to extend the period of use and to provide for improved management 
of the Charleston Harbor Deepening Project ODMDS. The dedesignation is 
for the smaller Charleston ODMDS. These actions are necessary to 
provide an environmentally acceptable ocean disposal site for projects 
in the Charleston area.

EFFECTIVE DATE: This final rule is effective on October 23, 1995.

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

FOR FURTHER INFORMATION CONTACT: Gary W. Collins, 404/347-1740 ext. 
4287.

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 December 23, 1986, the Administrator 
delegated the authority to the Regional Administrator of the Region in 
which sites are located. The EPA Ocean Dumping Regulations promulgated 
under MPRSA (40 CFR Chapter I, Subchapter H, Section 228.11) state that 
use of disposal sites may be modified.
    The Charleston Harbor Deepening Project ODMDS was designated on 
August 3, 1987 along with a smaller Charleston ODMDS. A decision to 
designate a small site for permanent use at Charleston was based on 
projected future disposal volumes and the ease of monitoring. The 
larger Harbor Deepening Project site, which was the interim site, was 
designated for a seven-year period and restricted to use for Harbor 
Deepening material only. The smaller, permanent Charleston ODMDS lies 
within the boundaries of, and completely in the western portion of, the 
larger Charleston Harbor Deepening Project ODMDS. The sites are defined 
by the following coordinates:

Charleston Harbor Deepening Project ODMDS;
    32 deg.38'06'' N, 79 deg.41'57'' W;
    32 deg.40'42'' N, 79 deg.47'30'' W;
    32 deg.39'04'' N, 79 deg.49'21'' W;
    32 deg.36'28'' N, 79 deg.43'48'' W.
Charleston ODMDS;
    32 deg.40'27'' N, 79 deg.47'22'' W;
    32 deg.39'04'' N, 79 deg.44'25'' W;
    32 deg.38'07'' N, 79 deg.45'03'' W;
    32 deg.39'30'' N, 79 deg.48'00'' W.

    Recent on-site investigations have revealed the presence of 
significant live bottom resources within and around both Charleston 
ODMDSs. These resources are located primarily in the western half of 
the smaller site and along the southern boundary of the larger site. 
While the effects of burial by dredged material disposal are apparent, 
the effects of nearby disposal (particularly of fine material) on these 
resources is yet to be determined. Ongoing studies are being conducted 
to determine whether recently disposed fine materials are impacting 
these resources. Until these studies are complete, further disposal of 
all fine material will be limited to the eastern portion of the 
Charleston Harbor Deepening Project ODMDS to prevent interference with 
these studies and to minimize further potential impacts.
    On March 5, 1991 final rulemaking was issued to modify the 
Charleston Harbor Deepening ODMDS to allow non-harbor deepening 
projects access to this site. Since the smaller ODMDS was the only site 
available at that time for such projects, and the resources of concern 
were located within that site, it was determined that such a 
modification was necessary for continued disposal of Charleston Harbor 
area projects in an environmentally-acceptable manner.
    In March 1993, the EPA and the Charleston District of the U.S. Army 
Corps of Engineers (COE) entered into an agreement concerning the 
management and monitoring of the Charleston Harbor Deepening ODMDS. 
This Site Management Plan (the Plan) was the result of partnering of 
the federal, state and local authorities who have an interest in ocean 
disposal and the protection of marine resources. The Site Management 
and Monitoring Team (the Team) jointly developed the Plan which 
outlines specific management and monitoring objectives for the 
Charleston ODMDS. The Team meets regularly to review the progress and 
results of monitoring and makes recommendations to EPA and the COE on 
the management and regulation of ocean disposal at the site. The 
current five year monitoring effort has entered its third year. Copies 
of the Plan, which is scheduled for review in 1997, may be obtained for 
review and comment from either the EPA regional office or the COE 
District office.
    The Proposed Rule for these actions was published in the Federal 
Register on May 11, 1995 [60 FR 25192]. Only one letter of comment was 
received during the 45 day comment period. This letter was from the 
U.S. Department of the Interior and expressed their concerns that the 
live bottoms of interest went undetected during the site evaluation 
studies. The EPA acknowledges this concern and has reviewed the way in 
which these studies were approached in the late 1970's to avoid any 
repetition on future site evaluations.

B. EIS Determination

    EPA has voluntarily committed to prepare Environmental Impact 
Statements (EIS) in connection with the designation of ocean disposal 
sites [39 FR 16186 (May 7, 1974)]. The need for an EIS in the case of 
modifications is addressed in 39 FR 37420 (October 21, 1974), Section 
1(a)(4). If the change is judged sufficiently substantial by the 
responsible official, an EIS is needed.
    The continued use of the Charleston Harbor Deepening ODMDS is vital 
to the management goals of the Plan. The existence of natural resources 
within the smaller ODMDS, by itself, should preclude any further use of 
that site. By allowing the larger ODMDS to receive material on a 
continued basis, the need for the smaller ODMDS no longer exists, 
thereby allowing for disposal to occur in a more environmentally-
acceptable location. In addition, disposal within the larger site will 
have to proceed in accordance with the Plan. Strict adherence to the 
disposal placement as specified in the Plan is necessary to prevent 
wasted monitoring efforts, which were designed based on the disposal of 
fine-grained materials within a specific location. Because monitoring 
results may cause management objectives to change, the Plan was 
designed so that appropriate changes could be made with the concurrence 
of EPA and the COE. EPA believes these changes do not warrant the 
preparation of an Environmental Impact Statement (EIS).
    Once studies are complete, EPA may redefine the boundaries of the 
Charleston Harbor Deepening Project ODMDS through further rulemaking. 
Such rulemaking could modify disposal activities in the vicinity of the 
area's resources and reduce the potential for adverse impacts or 
allowing greater utilization of the site. EPA's primary concern is to 
provide an environmentally acceptable ocean disposal site for 
Charleston Harbor area dredging projects on a continued basis.

C. Site Modifications

    The site modifications for the Charleston Harbor Deepening Project 
ODMDS are the extension of the period of use and to adjust certain 
restrictions on site use. The present period of use on the site is for 
seven years from the 

[[Page 49230]]
initiation of the Charleston Harbor deepening project. EPA changes the 
period of use to `continued use.' EPA also adds to the present 
restriction of site use the following language: `and in accordance with 
all provisions of material placement as specified by the Site 
Management Plan.'

D. Site Dedesignation

    The dedesignation of the smaller Charleston ODMDS is due to the 
presence of natural resources within its boundaries. Disposal of 
material within this site, particularly fine-grained materials, could 
directly and indirectly affect the survival of these resources. The 
modification on the larger ODMDS to allow for continued use will 
provide a suitable location for the disposal of all materials from the 
Charleston area that meet the ocean disposal criteria. Additionally, 
the boundaries of the smaller ODMDS lie totally within the larger 
ODMDS. Therefore, this action does not, at this time, actually remove 
any ocean bottom from potentially being used, if appropriate.

E. 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 modifications and dedesignation will only have the 
effect of providing an environmentally acceptable disposal option for 
dredged material on a continued basis. Consequently, this Rule does not 
necessitate preparation of a Regulatory Flexibility Analysis.
    Under Executive Order 12291, 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.

John H. Hankinson, Jr.,
Regional Administrator.

    In consideration of the foregoing, subchapter H 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 228.15 is amended by revising paragraphs (h)(5) (v) and 
(vi) and by removing and reserving paragraph (h)(4) to read as follows:


Sec. 228.15  Dumping sites designated on a final basis.

* * * * *
    (h) * * *
    (5) * * *
    (v) Period of use: Continued use.
    (vi) Restriction: Disposal shall be limited to dredged material 
from the Charleston Harbor area. All dredged materials, except entrance 
channel materials, shall be limited to that part of the site east of 
the line between coordinates 32 deg.39'04'' N, 79 deg.44'25'' W and 
32 deg.37'24'' N, 79 deg.45'30'' W unless the material can be shown by 
sufficient testing to contain 10% or less of fine material (grain size 
of less than 0.074 mm) by weight and shown to be suitable for ocean 
disposal. Additionally, all disposals shall be in accordance with all 
provisions of material placement as specified by the Site Management 
Plan.
* * * * *
[FR Doc. 95-23577 Filed 9-21-95; 8:45 am]
BILLING CODE 6560-50-P