[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50108-50114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24039]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228

[FRL-5304-8]


Ocean Dumping; Designation of Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA designates an ocean dredged material disposal site, the 
Humboldt Open Ocean Dredged Site (HOODS), located offshore of Humboldt 
Bay, California, for the disposal of suitable dredged material removed 
from the Humboldt Bay region and other nearby harbors or dredging 
sites. EPA has determined that the site identified in the Final EIS as 
the environmentally preferred site, and selected in the Final EIS as 
the preferred site, will be the site designated as the HOODS in this 
Final Rule. The HOODS is located between approximately 3 and 4 nautical 
miles (5 and 7 kilometers) west of the Humboldt Bay entrance and 
occupies an area of 1 square nautical mile (3 square kilometers). Water 
depths within the area range from 160 to 180 feet (49 to 55 meters). 
The coordinates of the 

[[Page 50109]]
corners of the square site are: 40 deg.48'25'' North latitude (N) by 
124 deg.16'22'' West longitude (W); 40 deg.49'03'' N by 124 deg.17'22'' 
W; 40 deg.47'38'' N by 124 deg.17'22'' N; and 40 deg.48'17'' N by 
124 deg.18'12'' W (North American Datum from 1983). This action is 
necessary to provide an acceptable ocean dumping site for disposal of 
suitable dredged material from Northern California dredging sites, 
including Humboldt Bay and Harbor; the suitability of proposed dredged 
material will be determined by appropriate sediment testing protocols. 
The designation of the HOODS is for a period of 50 years. Disposal 
operations at the site will be prohibited if the site management and 
monitoring program is not implemented.

EFFECTIVE DATE: Site designation will be effective October 30, 1995.

ADDRESSES: Send questions or comments to: Mr. Allan Ota, Ocean Disposal 
Coordinator, U.S. Environmental Protection Agency, Region IX (W-3-3), 
75 Hawthorne Street, San Francisco, California 94105, telephone (415) 
744-1980. The supporting document for this designation is the Final 
Environmental Impact Statement (EIS) for Designation of an Ocean 
Dredged Material Disposal Site off Humboldt Bay, California, July 1995, 
which is available for public inspection at the following locations:
    A. EPA Public Information Reference Unit (PIRU), Room 2904 (rear), 
401 M Street, SW., Washington, DC.
    B. EPA Region IX, Library, 75 Hawthorne Street, 13th Floor, San 
Francisco, California.
    C. Humboldt Bay Harbor, Recreation and Conservation District, PO 
Box 1030, Eureka, California.
    D. Humboldt County Library, 421 I Street, Eureka, California.
    E. Humboldt State University Library, Arcata, California.
    F. Arcata City Library, 500 7th Street, Arcata, California.

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

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 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 HOODS 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. This site designation is being published as final rulemaking in 
accordance with Sec. 228.4(e) of the Ocean Dumping Regulations, which 
permits the designation of ocean disposal sites for dredged material.
    The HOODS is located between approximately 3 and 4 nautical miles 
(5 and 7 kilometers) west of the Humboldt Bay entrance and occupies an 
area of approximately 1 square nautical mile (3 square kilometers). 
Water depths within the area range from approximately 160 to 180 feet 
(49 to 55 meters). The coordinates of the corners of the square site 
are: 40 deg.48'25'' North latitude (N) by 124 deg.16'22'' West 
longitude (W); 40 deg.49'03'' N by 124 deg.17'22'' W; 40 deg.47'38'' N 
by 124 deg.17'22'' N; and 40 deg.48'17'' N by 124 deg.18'12'' W (North 
American Datum from 1983). EPA Region IX designates the HOODS as an 
ocean dredged material disposal site for continued use for a period of 
50 years.
    Site use is subject to implementation of site management and 
monitoring requirements contained in the Final EIS, which are now 
identified as the Site Management and Monitoring Plan (SMMP) for the 
HOODS. The SMMP incorporates a tiered site monitoring structure and 
MPRSA Section 103 permit review, and identifies standard conditions 
that must be included in any permit or authorization for disposal site 
use.

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, 
including evaluation of reasonable alternatives to the proposed action.
    A Notice of Availability of the Draft EIS was published in the 
Federal Register on April 21, 1995 discussing EPA's intent to designate 
an open ocean dredged material disposal site off Humboldt Bay, 
California (60 FR 19916). The Draft EIS, titled: Draft Environmental 
Impact Statement (EIS) for Designation of an Ocean Dredged Material 
Disposal Site off Humboldt Bay, California, evaluated a range of 
potential alternative disposal sites as summarized below. The comment 
period closed on June 5, 1995. EPA received 4 comment letters on the 
Draft EIS and incorporated changes where appropriate to the Final EIS. 
The Proposed Rule was published in the Federal Register on April 21, 
1995 (60 FR 19872). No comments were received regarding the Proposed 
Rule. On August 4, 1995, a Notice of Availability for public review and 
comment on the Final EIS was published in the Federal Register (60 FR 
39956). The comment period for the Final EIS closed on September 5, 
1995. No comments were received following the 30-day comment period.
    EIS Alternatives Analysis. On average, over 800,000 cubic yards of 
dredged material are generated annually as a result of routine federal 
maintenance dredging operations by the U.S. Army Corps of Engineers 
(Corps) in Humboldt Bay and Harbor. Historically, most of this dredged 
material has been disposed at 3 different sites offshore of Humboldt 
Bay. Although dredged material has been disposed at the sites known as 
``SF-3'' and ``NDS'' in the past, environmental and navigational safety 
concerns shifted disposal operations to the HOODS for the last 3 years.
    EPA's analysis of alternatives included detailed examination of 
several potential ocean dumping sites for dredged materials from the 
Humboldt Bay region and other nearby harbors or dredging sites, 
including potential alternative means of handling these dredged 
materials other than disposal at an ocean dump site. Alternatives 
evaluated in detail in the Final EIS are discussed below. Note that 
designation of an ocean dumping site does not authorize any actual 
dumping and does not preclude EPA or the Corps from finding in the 
future, or for individual projects, that alternative means of managing 
dredged materials from the Humboldt Bay region are available and 
environmentally preferable.
    EPA has determined that it is necessary to designate an ocean 
dumping site for dredged materials from Humboldt Bay site now, even if 
alternatives to ocean dumping should eventually prove to be available, 
because it is unlikely that alternative means of managing dredged 
material will accommodate all of the dredged material that will be 
generated in the future. As discussed in the Final EIS, there are 
significant limitations at present to the potential alternatives to 

[[Page 50110]]
ocean dumping of dredged material in the Humboldt Bay region. However, 
in all cases, the disposition of dredged materials from individual 
projects will be evaluated by EPA Region IX and the Corps' San 
Francisco District on a case-by-case basis, taking into account all the 
alternatives available at the time of permitting. Beneficial reuse 
alternatives will be preferred over ocean disposal whenever they are 
practicable and would cause less adverse impacts than ocean disposal.
    The following ocean disposal alternatives were evaluated in the 
Final EIS:
    1. No Action--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 an 
appropriate site for disposal of suitable sediments from various 
Humboldt Bay dredging projects would place pressure on the Corps and 
EPA to approve on a project-by-project basis the use of existing or 
temporary ocean dumping locations pursuant to MPRSA section 103. This 
could result in: increased cumulative effects if multiple disposal 
sites were used over time; projects delays (with potential navigation 
and human safety consequences); and the inefficient expenditure of 
limited government resources on multiple site designation actions and 
monitoring programs over time. Second, the Water Resources Development 
Act of 1992 prohibits the continued use of ocean dump sites which have 
not been designated by EPA as section 102 dump sites by January 1, 
1997. If EPA fails to designate an ocean dredged material disposal site 
for the Humboldt Bay area by that date, then ocean disposal of dredged 
materials taken from Humboldt Bay projects will be effectively 
precluded under section 102 of the MPRSA.
    2. Upland Disposal--Several upland sites were considered for 
disposal of dredged materials from Humboldt Bay, including the 
``Superbowl'' site which was originally designed to contain 
approximately 1 million cubic yards of dredged material. EPA has 
eliminated the ``Superbowl'' site from further consideration in the 
Final EIS because of the nearby presence of an endangered plant species 
(Erysium menziesii, or Menzie's Wallflower) and the small capacity of 
the site relative to the needs of harbor maintenance and new work 
dredging over a 50-year period. Other land disposal sites were also 
considered, as described in the Final EIS, but were not investigated in 
detail because of the potential for adverse impacts on wetlands, 
inadequate capacity, and/or conflicts with other land uses.
    3. Beach Nourishment--This disposal alternative was considered 
because much of the sediment dredged from the Humboldt Bay region is 
sand. (Sediments dredged from the Bar and Entrance, North Bay Channels, 
and the Field's Landing Channel in the area north of Buhne Point are 
predominately medium- to fine-grained sand. However, sediments in the 
southern reach of the Field's Landing Channel and the Samoa and Eureka 
Channels have historically been finer-grained material that would not 
be suitable for beach nourishment.) EPA has eliminated this alternative 
from further consideration for these areas because the dredging and 
disposal operations are not expected to be practicable for all of the 
material generated in the region. Stationary dredging plants cannot be 
used in the entrance and main channel areas because of exposure to 
rough sea conditions. Use of a hopper dredge would require rehandling 
which would result in adverse localized (in-bay) environmental impacts. 
The dredged sediments would be deposited at a sheltered in-bay site by 
hopper dredge (effects on in-bay biota), and hydraulically re-dredged 
for transport by slurry pipeline to the North or South Spit beach 
sites. Dredging and nearshore disposal directly via hopper dredge 
without rehandling is discussed below. This alternative would have 
greater overall adverse impacts than the preferred alternative (HOODS). 
(Note that EPA and the Corps may still determine that beach nourishment 
is the preferable alternative for individual projects on a case-by-case 
basis.)
    4. Disposal off the Continental Shelf--The EPA Ocean Dumping 
Regulations (40 CFR 228.5(e)) state that the EPA will, whenever 
feasible, designate ocean dumping sites beyond the edge of the 
continental shelf and/or at sites that have been historically used (to 
minimize cumulative effects). Disposal off the continental shelf would 
require use of a site located 10 nautical miles (19 kilometers) or 
farther from Humboldt Bay. The Corps has determined that the Zone of 
Siting Feasibility (ZSF--the radius limit for economically feasible 
disposal operations for the Humboldt Bay area) is 4 nautical miles from 
the entrance to Humboldt Bay. EPA has therefore eliminated alternatives 
off the continental shelf because they would be outside the ZSF, and 
because historical disposal sites exist on the continental shelf within 
the ZSF.
    5. Nearshore Disposal Site (NDS)--This alternative site is located 
approximately 2 nautical miles (4 kilometers) southwest of the Humboldt 
Harbor mouth. Two disposal episodes occurred at this site as part of a 
study to determine whether sediments discharged at the NDS would remain 
in the littoral zone and promote beach nourishment. The study indicated 
some shoaling and some evidence of shoreward transport. EPA has 
eliminated this alternative from further consideration because, while 
it provides a potential beneficial reuse of sandy sediments, there has 
been strong objection by local fishermen's groups to the use of this 
site based on adverse impacts on navigational safety in the vicinity of 
the southern approach to the Humboldt Harbor entrance channel and on 
commercial fishery resources that inhabit the nearshore area. These 
resources include egg-brooding Dungeness crab, juvenile Dungeness crab, 
and juvenile English sole. This alternative would have greater overall 
adverse impacts than the preferred alternative (HOODS).
    6. Disposal Site SF-3--This alternative disposal site is located 
approximately 1 nautical mile (2 kilometers) southwest of the Humboldt 
Harbor mouth. This site has been used previously by the Corps for 
disposal of dredged material from Humboldt Bay. This site was de-
designated as an interim site on December 31, 1988, although it had 
been used subsequently under authority of the provisions of section 103 
of the MPRSA. EPA has eliminated this alternative from further 
consideration because of concerns about adverse impacts on safe 
navigation and on commercial and recreational fisheries. This site 
would have greater overall adverse impacts than the preferred 
alternative (HOODS).
    7. Humboldt Open Ocean Disposal Site (HOODS)--The Final EIS 
identified this alternative site as the preferred alternative based on 
comparison to the alternative sites listed above, and to the specific 
selection criteria listed in 40 CFR 228.6(a). The HOODS is located 
furthest from the coast (between approximately 3 and 4 nautical miles 
west of the Humboldt Bay entrance) and in the deepest depth range 
(approximately 160 to 180 feet, or 49 to 55 meters). The 1 square 
nautical mile (3 square kilometer) site represents an extremely small 
area relative to the extent of similar habitat in the surrounding 
region. Bathymetric and sediment surveys indicate the HOODS is located 
in a depositional area which is likely to retain dredged material 
deposited on the sea floor. No significant impacts to other resources 
or amenity areas are expected to result 

[[Page 50111]]
from the designation of the HOODS. Existing and potential fisheries 
resources within the HOODS are minimal relative to the other ocean or 
nearshore alternatives and the site is removed from more important 
fishing grounds located closer to or within the other alternative 
sites. Studies have shown that abundances and biomass of demersal 
fishes and megafaunal invertebrates, as well as abundances and 
diversity of infaunal invertebrates, at the HOODS are lower than those 
at the other alternative sites. Water column impacts resulting from 
disposal of dredged material are expected to be temporary and localized 
within the site. Therefore, potential impacts to surface and mid-water 
dwelling organisms, such as seabirds, marine mammals, and midwater 
fishes, are expected to be insignificant.
    EPA has determined that the HOODS represents the environmentally 
preferred alternative for designation of an open ocean dredged material 
disposal site for the Humboldt Bay area. Its selection, along with the 
general and specific restrictions on site use, avoids and minimizes 
environmental harm from ocean disposal of suitable dredged material to 
the maximum extent practicable. A Record of Decision (ROD) will not be 
issued as a separate document; instead this Final Rule will serve as 
the ROD for designation of the HOODS.

C. Regulatory Requirements

    Consistency with the Coastal Zone Management Act. EPA prepared a 
Coastal Consistency Determination (CCD) document based on the 
evaluations presented in the Final EIS. The CCD evaluated whether the 
action--designation of the HOODS as described in the Final EIS as an 
ocean disposal site for up to 50 years, for dredged material meeting 
ocean disposal criteria--would be consistent with the provisions of the 
Coastal Zone Management Act. The CCD was formally presented to the 
California Coastal Commission at a public hearing on September 13, 
1995. The Commissioners voted unanimously to approve EPA's CCD for the 
HOODS.
    Endangered Species Act Consultation. EPA initiated consultations 
with the National Marine Fisheries Service (NMFS) and the U.S. Fish and 
Wildlife Service (FWS) pursuant to provisions of the Endangered Species 
Act, regarding the potential for designation and use of any of the 
alternative ocean disposal sites under study to jeopardize the 
continued existence of any federally listed threatened or endangered 
species. This consultation process is fully documented in the Final 
EIS. No negative comments were received from these agencies.
    Compliance with Ocean Dumping Criteria. Five general criteria are 
used in the selection and approval of ocean disposal sites for 
continuing use (40 CFR 228.5). First, sites must be selected to 
minimize interference with other activities, particularly avoiding 
fishery areas or major navigation areas. Second, sites must be situated 
such that temporary (during initial mixing) water quality perturbations 
caused by disposal operations would be reduced to normal ambient levels 
before reaching any beach, shoreline, sanctuary, or geographically 
limited fishery area. Third, if site designation studies show that any 
interim disposal site does not meet the site selection criteria, use of 
such site shall be terminated as soon as an alternate site can be 
designated. Fourth, disposal site size must be limited in order to 
localize for identification and control any immediate adverse impacts, 
and to facilitate effective monitoring for long-range effects. Fifth, 
EPA must, wherever feasible, designate ocean dumping sites beyond the 
edge of the continental shelf and/or where historical disposal has 
occurred.
    As described in the Final EIS, the HOODS was specifically selected 
to comply with these general criteria. First, as discussed further 
below in discussing the 11 specific site selection criteria, EPA has 
determined that the HOODS is not a significant fishery area, is not a 
major navigation area and otherwise has no geographically limited 
resource values that are not abundant in other parts of this coastal 
region. Second, as also discussed further below, dredged material 
deposited at the site is not expected to reach any significant area 
such as a marine sanctuary, beach, or other important natural resource 
area. Third, although it is a historically used site, the HOODS is not 
an interim disposal site. Fourth, the site has an appropriately limited 
size and has been selected to allow for effective monitoring. Fifth, 
although the site is not located beyond the continental shelf, it is 
located in an area historically used for dumping.
    In addition to the 5 general criteria, 11 specific site selection 
criteria are listed in 40 CFR 228.6(a) of the EPA Ocean Dumping 
Regulations for evaluation of all candidate disposal sites. The 5 
general criteria and the 11 specific factors overlap to a great degree. 
The HOODS site, as discussed below, is also acceptable under each of 
the 11 specific criteria.
    1. Geographical position, depth of water, bottom topography and 
distance from coast (40 CFR 228.6(a)(1)). The HOODS is located between 
approximately 3 and 4 nautical miles (5 and 7 kilometers) west of the 
Humboldt Bay entrance and occupies an area of 1 square nautical mile (3 
kilometers). Water depths within the area range from 160 to 180 feet 
(49 to 55 meters). Bathymetric and sediment surveys indicate that the 
site is located in a depositional area. The site's depositional nature 
and natural topography is expected to minimize the extent of potential 
impacts to the benthos, and is expected to facilitate long-term 
containment of deposited material as well as site monitoring 
activities.
    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 HOODS 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 alternative sites evaluated. However, the designation of 
the site is not expected to affect any geographically limited (i.e., 
unique) habitats, breeding sites, or critical areas that are essential 
to rare or endangered species. In comparison to the other alternative 
sites evaluated, the HOODS has the least potential for adverse impact 
to commercially important species.
    3. Location in relation to beaches and other amenity areas (40 CFR 
228.6(a)(3)). The HOODS is located between approximately 3 and 4 
nautical miles (5 and 7 kilometers) west of the Humboldt Bay entrance 
and approximately 4 to 7 nautical miles from the closest nearshore 
resources, beaches, and other coastal amenity areas. Ocean currents in 
the vicinity of the HOODS flow predominately to the northwest and 
offshore in the winter and predominately to the southwest and offshore 
in the summer. Current speeds are usually on the order of 0.5 knot (25 
centimeters per second) at the surface and less at depth. These flows 
may be strongly influenced by local winds and tides. Any residual 
suspended solids from disposal operations at the HOODS are expected to 
move primarily to the northwest or southwest depending on the 
oceanographic season during any one year and generally in the offshore 
direction throughout the year. Because of the relatively deep depths 
and slow current speeds, it is predicted that the vast bulk of the 
disposed material will remain within the disposal site. For the 

[[Page 50112]]
above reasons, EPA has 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 is not 
expected to occur if this site is designated.
    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)). Over 800,000 cubic yards of dredged material 
are generated annually as a result of federal maintenance dredging 
operations by the Corps in Humboldt and Harbor. In addition, larger 
volumes of dredged material (e.g., from deepening projects) may also be 
generated periodically. Typical composition of dredged material 
disposed at the site is expected to range between two types: 
``predominantly sand'' (grain size greater than 0.075 millimeters) 
versus ``predominantly silt-clay'' (grain size less than 0.075 
millimeters). These material types are based on data from historical 
projects from the Humboldt Bay region. The expected typical disposal 
method would involve hopper dredges (hydraulic dredging), with a 
maximum capacity of up to 5,000 cubic yards but typically carrying 
loads of approximately 2,000-3,000 cubic yards of dredged material per 
trip. Dredged material would not be packaged. 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 an evaluation of 
information developed in accordance with the 1991 EPA/Corps ``Green 
Book'' (e.g., physical, chemical and biological tests) before a MPRSA 
Section 103 permit can be issued. 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)).
    Existing information suggests that it is appropriate to dispose, 
via hopper dredge or bottom-dump barge, of the type of dredged material 
that will be removed from the Humboldt Bay region at the HOODS. Because 
of the site's depths and slow current speeds, the dredged material is 
expected to settle rapidly to the ocean bottom within the boundaries of 
the site and not to create plumes which will reach significant areas 
such as marine sanctuaries, recreational areas, or geographically 
limited habitats at greater than background concentrations. Disposing 
dredged material at the site which meets regulatory criteria for ocean 
dumping is expected to create some limited alteration of benthic 
habitat within site boundaries, but should not create substantial 
adverse impacts extending beyond site boundaries. For these reasons, no 
significant adverse impacts are expected to be associated with the 
types and quantities of dredged material that may be disposed at the 
site.
    5. Feasibility of surveillance and monitoring (40 CFR 228.6(a)(5)). 
EPA Region IX and the Corps' San Francisco District share the 
responsibilities of managing and monitoring the disposal site, and, 
with the on-site assistance of the U.S. Coast Guard (USCG), to enforce 
permit conditions within the limits of their jurisdiction. The HOODS is 
located between approximately 3 and 4 nautical miles (5 and 7 
kilometers) offshore and occupies an area ranging in depth from 160 to 
180 feet (49 to 55 meters). Standardized equipment and techniques would 
be used for surveillance and monitoring activities during transit to 
and at the site, as described in the SMMP included in the Final EIS. 
Based on previous experience at other ocean dredged material disposal 
sites located farther offshore and in deeper waters, EPA has determined 
that the surveillance and monitoring activities are fully feasible to 
implement at the HOODS.
    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 in the vicinity 
of the HOODS flow predominantly to the northwest and offshore in the 
winter and predominantly to the southwest and offshore in the summer. 
Current speeds are usually on the order of 0.5 knot (25 centimeters per 
second) at the surface and less at depth. These flows may be strongly 
influenced by local winds and tides. Any residual suspended solids from 
disposal operations at the HOODS are expected to move primarily to the 
northwest or southwest depending on the oceanographic season during any 
one year and generally in the offshore direction throughout the year. 
Because of the relatively deep depths and slow current speeds, it is 
predicted that the vast bulk of the disposed material will remain 
within the disposal site. For these reasons, EPA has determined that 
the dispersal, transport and mixing characteristics of the site, and 
its current velocities and directions, are appropriate for its 
designation as a dredged material 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 Corps has been 
discharging on average over 800,000 cubic yards of dredged material at 
the HOODS. The NDS has been used for two disposal episodes, totaling 
over 1.4 million cubic yards. The SF-3 site has been used for dredged 
material from maintenance dredging operations since the 1940's. It is 
estimated that a total of 20 to 25 million cubic yards of dredged 
material from the Humboldt Bay federal navigation channels has been 
disposed at the SF-3 site. No other documented disposal of dredged 
material has occurred within or in the vicinity of the site.
    In addition, no other discharges occur in the immediate vicinity of 
the HOODS. The Simpson Paper Company presently discharges freshwater 
through an outfall into ocean waters adjacent to the Samoa Peninsula, 
although historically it discharged bleached kraft pulp effluent. The 
outfall is approximately 3 nautical miles (5.5 kilometers) east of the 
HOODS, 3 nautical miles (5.5 kilometers) north of the SF-3 site, and 
3.5 nautical miles (6.5 kilometers) north of the NDS. The Louisiana 
Pacific Corporation owns and operates a market bleached kraft pulp mill 
located on the Samoa Peninsula. The discharge from this outfall 
consists of: process wastewater from kraft pulping, pulp bleaching, and 
pulp drying; solids from its water treatment plant; power boiler 
effluent; and stormwater. As authorized under its National Pollutant 
Discharge Elimination System (NPDES) Permit, the Louisiana Pacific 
Corporation is prohibited from discharging waste water in violation of 
effluent standards or prohibitions established under Section 307(a) of 
the Clean Water Act, and it is prohibited from discharging sewage 
sludge. The outfall is located approximately 3.5 nautical miles (6.5 
kilometers) east of the HOODS, 3.5 nautical miles (6.5 kilometers) 
north of the SF-3 site, and 4 nautical miles (7.5 kilometers) north of 
the NDS. Prevailing nearshore currents would direct discharge plumes 
from both outfalls up or down the coast, depending of the seasonal 
current regime, not offshore towards the HOODS. The effects of 
discharges are expected to be limited to local areas near the outfalls 
and to not extend to the vicinity of the ocean dredged material 
disposal site (HOODS).
    For the above reasons, EPA has determined that there are no 
expected adverse cumulative or synergistic impacts from the use of the 
HOODS and discharges from the outfalls described above.
    8. Interference with shipping, fishing, recreation, mineral 
extraction, desalination, fish and shellfish culture, areas of special 
scientific importance 

[[Page 50113]]
and other legitimate uses of the ocean (40 CFR 288.6(a)(8)). In 
evaluating whether dumping activity at the site could interfere with 
shipping, fishing, recreation, mineral extraction, desalination, areas 
of scientific importance and other legitimate uses of the ocean, EPA 
considered both the direct effects from depositing dredged material on 
the ocean bottom within the HOODS boundaries and the indirect effects 
associated with vessel traffic that will result from transportation of 
dredged material to the dump site. Existing information indicates that 
the site is not a significant fisheries area, is not a significant 
recreational area, is not a significant area for harvestable minerals, 
is not a potential staging ground or intake area for desalination 
activity, is not scientifically important in itself, and otherwise has 
no geographically limited resource values that are not abundant in 
other parts of this coastal region. Accordingly, depositing dredged 
material at the site will not interfere with these activities. Finally, 
vessel traffic involved in transportation of dredged material to the 
HOODS should also cause no substantial interference with any of the 
activities discussed above.
    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)). Existing information and regional studies described in 
the Final EIS provide the following determinations: Water quality at 
the HOODS 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 the 
HOODS has lower numbers of species and lower abundances than the other 
alternative sites. The HOODS contains moderate numbers of megafaunal 
invertebrate species (Dungeness crab) but lower overall abundances 
compared to the other alternative sites. Infaunal invertebrates 
(polychaetes, amphipods, and mollusks) within the HOODS show higher 
diversity and abundance compared to the other alternative sites; 
however, these infaunal invertebrate trends are similar to the general 
depth-related trends of the surrounding region. Seabirds, marine 
mammals, and mid-water organisms including juvenile rockfishes are 
seasonally abundant; however, the HOODS is not considered to have 
geographically limited resource values that are not also abundant in 
other alternative sites or other parts of this coastal region. Based on 
these Final EIS conclusions, EPA has determined that, compared to the 
alternative sites evaluated, the HOODS is the environmentally preferred 
location for ocean disposal site designation.
    10. Potentiality for the development or recruitment of nuisance 
species in the disposal site (40 CFR 228.6(a)(10)). Local opportunistic 
benthic species characteristic of disturbed conditions are expected to 
be present and abundant at any ocean dredged material disposal site in 
response to physical deposition of sediments. Opportunistic 
polychaetes, such as Capitella, may colonize the disposal site. 
However, these worms can become food items for local 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 to occur at the site. Previous studies of the benthic fauna 
present at the SF-3 site and at the NDS support the expectation that 
disposal of dredged material from the Humboldt Bay region will not 
promote the development of nuisance species.
    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 ocean waters in the vicinity of Humboldt Bay 
contain sites of numerous vessel accidents and sinkings. Based on 
previous evaluations for and issuance of MPRSA Section 103 permits, no 
significant national or cultural features of historical importance have 
been identified in the vicinity of the HOODS. The California State 
Historic Preservation Office (SHPO) was contacted for an examination of 
their inventory and whether there are any known historic shipwrecks or 
any known aboriginal artifacts at the HOODS or in the vicinity. No 
negative comments have been received from the SHPO.

D. Site Management and Monitoring of the Hoods

    Implementation of site management and monitoring activities for the 
HOODS is a requirement for site use. These activities must be performed 
in accordance with the Site Management and Monitoring Plan (SMMP) 
included in the Final EIS. Failure to implement the monitoring 
described in the SMMP precludes use of the site for disposal of dredged 
material until such time when monitoring can be resumed.
    The SMMP, jointly administered by EPA Region IX and the Corps San 
Francisco District, embodies management and monitoring activities. 
Management activities consists of: Evaluating the suitability of 
sediments proposed for disposal at the HOODS for each project; 
evaluating the adequacy of permit conditions for ocean disposal 
relative to the performance of the site (e.g., dredged material 
footprint and overall environmental conditions) as indicated by results 
of periodic site monitoring; and conducting surveillance and 
enforcement of permits issued for use of the HOODS. Site monitoring 
activities are built upon a tiered monitoring approach. These 
monitoring activities are designed to ensure that the area of 
acceptable impact is primarily restricted to the disposal site and that 
unacceptable environmental impacts do not occur beyond the site 
boundaries. Management decisions at each tier are defined for sediment 
fate and effects, body burdens of chemicals of concern, or benthic 
biological community effects. Each tier will require a management 
decision based on the information gathered. If the null hypothesis for 
a particular tier is rejected, then a change in site management 
practices may be instituted, or a more complex set of tests are invoked 
at the next higher tier to determine the extent of impacts.
    Physical monitoring (Tier 1) is expected to occur on an annual 
basis to determine changes in bathymetry and extent of the dredged 
material deposit (footprint) relative to the site boundaries. If the 
footprint extends beyond the site boundary and exceeds 10 centimeters 
of thickness outside of the site boundary, then an evaluation will be 
made to determine the potential of adverse physical impacts due to 
smothering of the benthic resources by the disposed sediments (Tier 2). 
If EPA determines that the extent of physical impact outside of the 
site boundary is unacceptable, a change in site management practices 
will be instituted. If the extent of the footprint is not unacceptable, 
but the adverse impacts to the benthic resources cannot be clearly 
attributed only to physical factors (i.e., burial), then an evaluation 
will be made to determine the potential for adverse impacts to the 
benthic resources due to elevated chemical contaminants and 
bioaccumulation (Tier 3).
    This monitoring program is designed to facilitate detection of any 
potential unacceptable adverse impacts due to dredged material 
disposal, so that decisions about the need for changes in management 
practices may be made in a timely manner. Depending on the results of 
the periodic (e.g., annual) monitoring, EPA may at any tier determine 
that one or more of the following types of site management actions is 
required: Continue existing site use; implement higher tier monitoring; 
modify some or all site use 

[[Page 50114]]
restrictions; or discontinue disposal activities. EPA expects that the 
SMMP will be revised and updated from time to time based on monitoring 
results, scientific advancements, and experience gained. EPA is 
committed to considering public comments prior to implementing 
substantive updates to the SMMP. To ensure that interested parties have 
the opportunity to comment, proposed substantive updates to the SMMP 
will distributed in draft form via a Public Notice or similar means.

E. Action

    EPA Region IX has determined that there is a need for an ocean 
dredged material disposal site in the vicinity of Humboldt Bay, 
California. Based on evaluation of alternatives, EPA Region IX has 
tentatively determined that the HOODS may appropriately be designated 
for use over a period of 50 years. The designation of the HOODS 
complies with the general and specific criteria used for site 
evaluation. EPA, therefore, designates the HOODS as an EPA-approved 
Ocean Dumping Site in this final 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 requirements defined in 
the Final EIS and Final Rule. The required management and monitoring 
activities is described in a SMMP prepared by EPA and incorporated in 
the Final EIS. Subsequent substantive revisions of the SMMP will be 
published and subjected to public review.
    It is emphasized that ocean dumping 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. Permits cannot 
be issued if either EPA Region IX or the Corps San Francisco District 
determines that the Ocean Dumping Criteria of MPRSA would not be met. 
The requirement for compliance with the Ocean Dumping Criteria of the 
MPRSA may not be superseded by the provisions of any future 
comprehensive regional management plan for dredged material.

F. 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 a 
substantial number of small entities since the site designation will 
only have the effect of providing a disposal option for dredged 
material. Consequently, this Final 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 Final Rule does not necessitate preparation of a 
Regulatory Impact Analysis.

G. Comments on the Site Designation Proposed Rule and the Final EIS

    The 45-day comment period for the Proposed Rule ended on June 6, 
1995. The Final EIS was available for a 30-day public review which 
ended on September 5, 1995. No comments were received by EPA Region IX 
regarding the Proposed Rule or Final EIS.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: September 19, 1995.
Felicia A. Marcus,
Regional Administrator, EPA Region IX.

    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 adding paragraph (l)(10) to read as 
follows:


Sec. 228.15  Dumping sites designated on a final basis.

* * * * *
    (l) * * *
    (10) Humboldt Open Ocean Disposal Site (HOODS) Ocean Dredged 
Material Disposal Site--Region IX.
    (i) Location: The coordinates of the corners of the square site 
are: 40 deg.48'25'' North latitude (N) by 124 deg.16'22'' West 
longitude (W); 40 deg.49'03'' N by 124 deg.17'22'' W; 40 deg.47'38'' N 
by 124 deg.17'22'' N; and 40 deg.48'17'' N by 124 deg.18'12'' W (North 
American Datum from 1983).
    (ii) Size: 1 square nautical mile (3 square kilometers).
    (iii) Depth: Water depths within the area range between 
approximately 160 to 180 feet (49 to 55 meters).
    (iv) Use Restricted to Disposal of: Dredged materials.
    (v) Period of Use: Continuing use over 50 years from date of site 
designation, subject to restrictions and provisions set forth in 
paragraph (l)(10)(vi) of this section.
    (vi) Restrictions/Provisions: Site management and monitoring 
activities shall be implemented during the period of site use and in 
accordance with the Site Management and Monitoring Plan (SMMP) for the 
HOODS as incorporated in the Final EIS, and summarized in Section D of 
this final rule. All disposal activities shall be terminated if 
monitoring, as described in the SMMP, is not implemented. The SMMP may 
be periodically revised as necessary; proposed substantive revisions to 
the SMMP shall be made following opportunity for public review and 
comment.
* * * * *
[FR Doc. 95-24039 Filed 9-27-95; 8:45 am]
BILLING CODE 6560-50-P