[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2941-2946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1709]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228

[FRL-5346-2]


Ocean Dumping; Final Site Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA designates an Ocean Dredged Material Disposal Site (ODMDS) 
in the Atlantic Ocean offshore Miami, 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 Miami, 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: February 29, 1996.

ADDRESSES: The supporting document for this designation is the Final 
Environmental Impact Statement (EIS) for Designation of an Ocean 
Dredged Material Disposal Site offshore Miami, Florida, August 1995, 
which is available for public inspection at the following locations:

A. EPA/Region 4, Coastal Programs Section, 345 Courtland Street, NE., 
Atlanta, Georgia 30365
B. Department of the Army, Jacksonville District Corps of Engineers, 
Planning Division, 400 West Bay Street, Jacksonville, FL 32232-0019.

FOR FURTHER INFORMATION CONTACT: Christopher J. McArthur, 404/347-1740 
ext. 4289.

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 Miami, Florida, which is within 
Region 4, is being made pursuant to that authority.
    The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR 
ch. 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 the existing 
Miami (``Miami Beach'') site as an interim site. The site is now listed 
in 40 CFR 228.14(h)(6).

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 Region 4, in cooperation with the Jacksonville District of the 
U.S. Army Corps of Engineers (COE), has prepared a Final EIS entitled, 
``Final Environmental Impact Statement for Designation of An Ocean 
Dredged Material Disposal Site Located Offshore Miami, Florida.'' On 
September 1, 1995, the Notice of Availability (NOA) of the FEIS for 
public review and comment was published in the Federal Register (60 FR 
45717 (September 1, 1995)). Anyone desiring a copy of the EIS may 
obtain one from the address given above. The public comment period on 
the Final EIS was to have closed on October 2, 1995. However, the 
closing date was extended until October 17, 1995 due to a request by 
the State of Florida.
    One comment letter was received in support of the Final EIS and no 
letters were received critical of the Final EIS. The letter of support 
endorsed the Site Management and Monitoring Plan (SMMP) and the SMMP 
team.
    The EIS has served as a Biological Assessment for purposes of 
Section 7 of the Endangered Species Act coordination. By itself, site 
designation of the Miami ODMDS will not adversely impact any threatened 
or endangered species under the purview of the National Marine 
Fisheries Service 

[[Page 2942]]
(NMFS) and the U.S. Fish and Wildlife Service (FWS). Use of the ODMDS 
is not expected to adversely impact any threatened or endangered 
species. Pursuant to Section 7 of the Endangered Species Act, the 
National Marine Fisheries Service (NMFS) has been asked by EPA to 
concur with EPA's conclusion that this site designation will not affect 
the endangered species under their jurisdictions. The National Marine 
Fisheries Service determined that populations of endangered/threatened 
species under their purview would not be adversely affected by the 
designation and use of the proposed ODMDS. This consultation process 
has been fully documented in the Final EIS.
    EPA has evaluated the site designation for consistency with the 
State of Florida's (the State) approved coastal management program. EPA 
determined that the designation of the site is consistent to the 
maximum extent practicable with the State coastal management program, 
and submitted this determination to the State for review in accordance 
with EPA policy. The State has concurred with this determination. In 
addition, as part of the NEPA process, EPA has consulted with the State 
regarding the effects of the dumping at the proposed site on the State 
coastal zone. There were three main concerns raised by the State during 
consultation: (1) placement of beach quality sand in the ODMDS; (2) 
potential for movement of silt and clay sized particles out of the 
disposal area and onto environmentally sensitive hardbottoms and coral 
reefs to the west during the occurrence of Gulf Stream frontal eddies; 
and (3) disposal of contaminated sediments from locations such as the 
Miami River. Concerns raised by the State of Florida, regarding use of 
suitable material for beach nourishment, were addressed in the Final 
EIS. EPA concurs with the State of Florida regarding the use of 
suitable material for beach nourishment, in circumstances where this 
use is practical. To address the concern regarding movement of 
material, a real-time monitoring system has been instituted by the Army 
Corps of Engineers to identify the occurrence of Gulf Stream frontal 
eddies. During the occurrence of such eddies, disposal at the ODMDS 
will discontinue. Details of the monitoring plan and protocol has been 
included in the Site Management and Monitoring Plan as part of the 
Final EIS. With regard to contaminated materials, before any material 
can be placed within an ODMDS, it must be evaluated and shown to be 
acceptable for ocean disposal in accordance with ocean dumping 
regulations (40 CFR 227.13). Certain portions of the sediments proposed 
to be dredged from the Miami River have been found to be unacceptable 
for ocean disposal.
    In a letter dated September 13, 1990, the Florida Department of 
State agreed that the designation will have no effect on any 
archaeological or historic sites or properties listed, or eligible for 
listing, in the National Register of Historic Places in accordance with 
the National Preservation Act of 1966 (Pub. L. 89-6654), as amended.
    The action discussed in the EIS is the permanent designation for 
continuing use of the existing interim ocean disposal site near Miami, 
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 Miami ODMDS is based on a 
demonstrated COE need for ocean disposal of maintenance dredged 
material from the Federal navigation projects in the greater Miami 
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 Miami 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 220-229) and the COE 
regulations (33 CFR 209.120 and 335-338). The COE also issues Marine 
Protection, Research, and Sanctuaries Act (MPRSA) permits to private 
applicants for the transport of dredged material intended for disposal 
after compliance with regulations is determined. EPA has the right to 
disapprove any ocean disposal project if, in its judgment, all 
provisions of MPRSA and the associated implementing regulations have 
not been met.
    The EIS discusses the need for this site designation and examines 
ocean disposal site alternatives to the final action. Non-ocean 
disposal options have been examined in the previously published 
Feasibility Report and EIS for the Miami Harbor Channel Project. 
Alternatives to ocean disposal may include upland disposal within the 
port area, disposal in Biscayne Bay, and beach disposal. Upland 
disposal in the intensively developed Port of Miami-Biscayne Bay area 
has not been found feasible. The Port of Miami itself is built 
partially on fill in Biscayne Bay. Undeveloped areas within cost-
effective haul distances are environmentally valuable in their own 
right.
    Almost all inshore waters of the Biscayne Bay area are part of the 
Biscayne Bay Aquatic Preserve. The waters of the southern portion of 
Biscayne Bay, now included in the Aquatic Preserve, are to be 
incorporated, along with some offshore waters, into the Biscayne 
National Park in the near future. The Florida Department of 
Environmental Regulation (DER) has afforded the waters of these areas 
special protection as Outstanding Florida Waters. This effectively 
removes virtually all of the Biscayne Bay area from consideration for 
disposal of dredged material.
    Dredged sand might be placed on beaches in the Miami Beach area. 
Suitable rock might be placed in nearshore waters. These options may be 
feasible where a substantial quantity of the desired type of material 
is separable from silt or other undesirable material. Such usage will 
be considered on a case by case basis.
    The COE has been authorized to deepen Miami Harbor. For that 
project, environmental and economic analyses were performed and an EIS 
was prepared. The COE examined and documented the feasibility of each 
of the above-described disposal options and found none to be feasible.
    The following ocean disposal alternatives were evaluated in the 
EIS:

1. Alternative Sites on the Continental Shelf

    In the Miami nearshore area, hardgrounds supporting coral and algal 
communities are concentrated on the continental shelf. Disposal 
operations on the shelf could adversely impact this reef habitat. 
Because the shelf is narrow, about 3.3 nmi (6 km) off Government Cut, 
the transport of dredged materials for disposal beyond the shelf is 
both practical and economically feasible. Therefore, alternative sites 
on the continental shelf are not desirable.

2. Designated Interim Site (Candidate Site)

    The preferred alternative considered in this document is the final 
designation of an ODMDS. This site is an area of approximately one 
square nautical mile with the following corner coordinates: 
25 deg.45'30'' N, 80 deg.03'54'' W; 25 deg.45'30'' N, 80 deg.02'50'' W; 
25 deg.44'30'' N, 80 deg.02'50'' W; 25 deg.44'30'' N, 80 deg.03'54'' W. 
The site is centered at: 25 deg.45'00'' N and 80 deg.03'22'' W. This 
site is considered suitable in 

[[Page 2943]]
terms of practicality and economic feasibility. Sections 228.5 and 
228.6 of EPA's Ocean Dumping Regulations and Criteria 40 CFR establish 
criteria for the evaluation of ocean disposal sites.

3. Alternative Sites Beyond the Continental Shelf

    The candidate site is beyond the continental shelf. The western 
edge of the Gulf Stream meanders about one mile east of the candidate 
site. Dumping in the Gulf Stream was considered, but the enormous task 
and expense of monitoring disposal under such conditions caused 
sufficient concern to eliminate that option. Therefore, additional 
sites beyond the continental shelf and beyond the candidate site are 
not desirable.

4. No Action

    Under the ``no action'' alternative, the interim site would not 
receive final designation. The Water Resources Act of 1992, title V, 
section 506(a) prohibits the continued use of ocean dump sites which 
have not been designated by EPA as section 102 dump sites after January 
1, 1997. If EPA fails to designate the Miami ODMDS by that date, the 
continued foreseeable need to have an appropriate site for disposal of 
suitable sediments from dredging projects in the Miami area would place 
pressure on the Corps and EPA to approve on a project-by-project basis 
the use of temporary ocean dumping locations pursuant to either Clean 
Water Act section 404 or MPRSA section 103.
    The EIS presents the information needed to evaluate the suitability 
of ocean disposal areas for final designation use and is based on one 
of a series of disposal site environmental studies. The environmental 
studies and final designation are being conducted in accordance with 
the requirements of MPRSA, the Ocean Dumping Regulations, and other 
applicable Federal environmental legislation.
    This final rulemaking notice fills the same role as the Record of 
Decision required under regulations promulgated by the Council on 
Environmental Quality for agencies subject to NEPA.

C. Site Designation

    On October 27, 1994, EPA proposed designation of this site for the 
continueing disposal of dredged materials from the greater Miami, 
Florida vicinity. The public comment period on this proposed action 
closed on December 12, 1994. EPA received 1 letter regarding the 
proposed rule. The letters comments are listed and addressed below.

1. Dredged Material Evaluation

    The commentor was concerned as to whether EPA will evaluate the 
contents of the dredged material for toxins and make them public.
    Response. The suitability of dredged material for ocean disposal 
must be verified by the COE and agreed to by EPA prior to disposal. 
Verification will be valid for 3 years from the time last verified with 
the option of a 2-year extension. Verification will involve: (1) A 
case-specific evaluation against the exclusion criteria (40 CFR 
227.13(b)), (2) A determination of the necessity for bioassay (toxicity 
and bioaccumulation) testing for non-excluded material based on the 
potential for contamination of the sediment since last tested, and (3) 
Carrying out the testing and determining that the non-excluded, tested 
material is suitable for ocean disposal.
    Documentation of verification will be completed prior to use of the 
site. Documentation for material suitability for dredging events 
proposed for ocean disposal more than 5 years since last verified will 
be a new 103 evaluation and public notice. Documentation for material 
suitability for dredging events proposed for ocean disposal less than 5 
years but more than 3 years since last verified will be an exchange of 
letters between the COE and EPA.
    Should EPA conclude that reasonable potential exists for 
contamination to have occurred, acceptable testing will be completed 
prior to use of the site. Testing procedures to be used will be those 
delineated in the 1991 EPA/COE Dredged Material Testing Manual and 1992 
Regional Implementation Manual. Only material determined to be suitable 
through the verification process by the COE and EPA will be placed at 
the designated ocean disposal site.
    Verification documentation will be provided to the public in one of 
two ways. For federal dredged material disposal projects, verification 
documentation will be provided to the public by the COE through the 
NEPA process, either in the form of an EIS or an Environmental 
Assessment. The COE also issues MPRSA permits to private applicants for 
the transport of dredged material intended for disposal. In this case 
verification documentation will be made available to the public by the 
COE through the Public Notice process.

2. Sources of Dredged Material

    The commentor was concerned as to what regions the greater Miami, 
Florida vicinity include and whether or not other sources besides the 
Miami Harbor Channel Project may use the site.
    Response. The primary need for designation of the Miami ODMDS was 
for disposal of dredged material from the Miami Harbor Channel and the 
Federal Miami Harbor Deepening Project.
    However, other projects such as the maintenance dredging of that 
portion of the Atlantic Intracoastal Waterway (AIWW) in the vicinity of 
Miami Harbor and locally constructed channels within an economic haul 
distance of the Miami ODMDS can use the site provided the material is 
suitable for ocean disposal. Restrictions of use of the site to 
specific projects has not been deemed necessary at this time. If in the 
future, it is determined that use of the site should be restricted to a 
specific project, appropriate changes will be made to the Site 
Management and Monitoring Plan.

3. Period of Use

    The commentor was concerned as to why a closing date of the site 
had not been determined.
    Response. The period of use of the Miami ODMDS has been designated 
as continueing. Because the site is located in deep water, no 
restrictions are presently placed on disposal volumes. Future disposal 
of unrestricted volumes is dependent upon results from future 
monitoring surveys. If future surveys indicate that capacity of the 
site is being reached or unacceptable adverse environmental impacts are 
occurring, then either the ODMDS Management and Monitoring Plan will be 
modified or use of the site will be modified or discontinued.

4. Long-term Movement of Dredged Material

    The commentor was concerned about movement of disposed dredged 
material moving to more environmentally sensitive areas in the event of 
an extreme storm event.
    Response. Long-term modeling efforts were conducted to determine 
whether a disposal mound is stable over long periods of time. A 24-hour 
sustained storm surge simulation showed that essentially no material 
would be transported as a result of the surge. A second study 
investigated the potential for moving material other than uniformly 
graded, non-cohesive sediments by calculating shear stress values on 
the mound and in the surrounding area. Under normal environmental 
conditions, shear stress values at the ODMDS are low, and little 
movement is anticipated for either cohesive or non-cohesive material. 
During storm events, the shear stress values increase by an order of 
magnitude. However, the shear stress on the dredged material disposal 
mound increases by less than 2 dynes/cm2 

[[Page 2944]]
above the shear stress of the surrounding area. When subjected to 
storms, material is anticipated to move from the mound for short 
periods of time but large dispersion of the mound is not predicted. For 
the proposed Miami ODMDS, simulations show that local velocity fields 
are simply not adequate to move material in 600 feet or more of water. 
Both the short-term disposal and long-term erosion simulations of 
sediment transport as a function of local velocity fields indicate 
little possibility of affecting reefs as a direct result of use of the 
disposal site.
    In addition, should the results of the monitoring surveys indicate 
that continuing use of the site would lead to unacceptable impacts, 
then either the ODMDS Management and Monitoring Plan will be modified 
to alleviate the impacts, or the location or use of the ODMDS would be 
modified.

5. Availability of Monitoring Results

    The commentor asked if the monitoring results of the site will be 
made public.
    Response. Monitoring results will be available to the public upon 
request. As discussed in the Final EIS, monitoring data will be 
provided to the ODMDS Site Management and Monitoring team members for 
review. Data will be provided to other interested parties requesting 
such data to the extent possible.
    The site is located east of Miami, Florida, the western boundary 
being 3.6 nautical miles (nmi) offshore. The ODMDS occupies an area of 
about 1 square nautical mile (nmi2), in the configuration of an 
approximate 1 nmi by 1 nmi square. Water depths within the area range 
from 130 to 240 meters (427 to 785 feet). The coordinates of the Miami 
site for designation are as follows:

                                                                        
                                                                        
                                                                        
25 deg.45'30'' N                     80 deg.03'54'' W;                  
25 deg.45'30'' N                     80 deg.02'50'' W;                  
25 deg.44'30'' N                     80 deg.03'54'' W; and              
25 deg.44'30'' N                     80 deg.02'50'' W.                  
                                                                        

Center coordinates are 25 deg.45'00'' N and 80 deg.03'22'' W.

    If at any time disposal operations at the site cause unacceptable 
adverse impacts, further use of the site will be restricted or 
terminated.

D. Regulatory Requirements

    Pursuant to the Ocean Dumping Regulations, 40 CFR Sec. 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. The site conforms to the five general criteria.
    In addition to these general criteria in Secs. 228.5, 228.6 lists 
the 11 specific criteria used in evaluating a proposed 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 proposed site are 
reviewed below in terms of these 11 criteria (the EIS may be consulted 
for additional information).

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

    The boundary and center coordinates of the site are given above. 
The western boundary of the site is located about 3.6 nmi offshore of 
Miami, Florida. The site is an approximate 1 nmi by 1 nmi square 
configuration. Water depth in the area ranges from 427 to 785 feet.

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))

    Many of the area's species spend their adult lives in the offshore 
region, but are estuary-dependent because their juvenile stages use a 
low salinity estuarine nursery region. Specific migration routes are 
not known in the Miami area. The site is not known to include any major 
breeding or spawning area, except for sea turtles which use the entire 
beach area of eastern Florida as nesting habitat. Due to the motility 
of finfish, it is unlikely that disposal activities will have any 
significant impact on any of the species found in the area.

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

    The western edge of the candidate site is located 3.6 nautical 
miles from the coast. Shore-related amenities include Virginia Key, the 
Biscayne Bay Aquatic Preserve, Biscayne National Park, and the Bill 
Baggs Cape Florida State Recreational Area. Currents in the vicinity 
trend alongshore in a general north-south orientation. It is not 
expected that detectable quantities of dredged material will be 
transported onto beaches. Considering the distance that the disposal 
site is offshore of beach areas, dredged material disposal at the site 
is not expected to have an effect on the recreational uses of these 
beaches. Modelling performed by the COE indicates that disposed 
material will not impact these areas.

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(a)(4))

    It is anticipated that the candidate site will be used primarily 
for disposal of maintenance material from the Port of Miami. 
Maintenance dredging has only occurred four times since 1957. Another 
use of the site would be the Miami Harbor Deepening Project. Estimated 
volume for this project is expected to be 6 million cubic yards. For 
each future dredging project, each disposal plan must be evaluated on a 
case-by-case basis to ensure that ocean disposal is the best 
alternative and that the material meets the Ocean Dumping Criteria in 
40 CFR part 227.

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

    Due to the proximity of the site to shore, surveillance will not be 
difficult. Survey vessels, dredges or aircraft overflights are feasible 
surveillance methods. However, the depths at this site make 
conventional ODMDS monitoring techniques difficult to utilize. An 
interagency Site Management and Monitoring Team was established to 
assist EPA in the development and implementation of a Site Monitoring 
Plan (SMMP) for the Miami ODMDS. The SMMP has been developed and was 
included as an appendix in the Final EIS. This SMMP establishes a 
sequence of monitoring surveys to be undertaken to determine any 
impacts resulting from disposal activities. The SMMP may be modified 
for cause by the responsible agencies.

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))

    Prevailing currents parallel the coast and are generally oriented 
along a north-south axis. Northerly flow predominates. Mean surface 
currents range from 62 to 95 cm/sec with maximum velocities of about 
150 cm/sec. Current speeds are lower and current reversals more common 
in near-bottom waters. Mean velocities of 3.5 cm/sec and maximum 
velocities of 27 cm/sec have been reported for near-bottom waters in 
the area. A pycnocline occurs in site waters throughout the 

[[Page 2945]]
year at reported depths ranging from about 60 feet in the summer to 325 
feet in the winter. A dredged material dispersion study conducted by 
the COE for both the short- and long-term fate of material disposed at 
the site indicates little possibility of disposed material affecting 
near-shore reefs. Measures as discussed in the Site Management and 
Monitoring Plan will be instituted during disposal operations to 
minimize the possibility of material being transported to the near-
shore reefs.

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

    The ODMDS was used for the first time in April 1990. Only 225,000 
cubic yards of maintenance material was disposed in the ODMDS. In 
conjunction with this use of the site, the Corps of Engineers in 
cooperation with the National Oceanic and Atmospheric Administration 
(NOAA) monitored the physical processes and the dispersive 
characteristics of the dredged material plume. Monitoring results 
indicated that the material discharged, except for a low concentration 
residual remaining within the water column, reached the bottom within 
the designated site boundaries. During the monitoring, the resulting 
plumes were observed to be transported in a north to northeast 
direction. The full monitoring report has been included as part of the 
Final EIS. Effects monitoring is discussed in the Site Management and 
Monitoring Plan as part of the Final EIS.
    No other discharges or dumping occurs in the site. The Miami-Dade 
Central publicly owned treatment plant outfall discharges approximately 
1.2 nmiles west of the site. The effects from this discharge are local 
and predominately in a north-south direction due to prevailing currents 
and should not have any effect within the site.

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 228.6(a)(8))

    While shipping is heavy at the Port of Miami, the infrequent use of 
this site should not significantly disrupt either commercial shipping 
or recreational boating. Commercial and recreational fishing activities 
are concentrated in inshore and nearshore waters. No mineral 
extraction, desalination, or mariculture activities occur in the 
immediate area. Scientific resources present throughout this area are 
not geographically limited to the Miami ODMDS or nearby waters.

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))

    Water quality at the ODMDS is variable and is influenced by 
discharges from inshore systems, frequent oceanic intrusions, and 
periodic upwelling. The disposal site lies on the continental slope in 
an area traversed by the western edge of the Florida Current. The 
location of the western edge of the current determines to a large 
extent whether waters at the site are predominantly coastal or oceanic. 
Frequent intrusions or eddies of the Florida Current transport oceanic 
waters over the continental slope in the ODMDS vicinity. Periodic 
upwelling/downwelling events associated with wind stress also influence 
waters in the area.
    No critical habitat or unique ecological communities have been 
identified at the candidate site. Buffer zone protection has been 
applied to any existing fish havens, artificial reef communities, 
turtle nesting areas, and onshore amenities in the general region of 
the site.

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

    The disposal of dredged materials should not attract or promote the 
development of nuisance species. No nuisance species have been reported 
to occur at previously utilized disposal sites in the vicinity.

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

    No known natural or cultural features of historical importance 
occur at or in close proximity to the site. No such features were noted 
in a video survey of the disposal area.

E. Site Management

    Site management of the Miami ODMDS is the responsibility of EPA as 
well as the COE. The COE issues permits to private applicants for ocean 
disposal; however, EPA/Region 4 assumes overall responsibility for site 
management.
    The Site Management and Monitoring Plan (SMMP) for the Miami ODMDS 
was developed as a part of the process of completing the EIS. The plan 
was developed with the assistance of an interagency Site Management and 
Monitoring team. The Team will also provide assistance during the 
implementation of the plan. This plan provides procedures for both site 
management and for the monitoring of effects of disposal activities. 
This SMMP is intended to be flexible and may be modified by the 
responsible agencies for cause.

F. Final Action

    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 Miami 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 4.
    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 Miami 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 
Miami, 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 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. 

[[Page 2946]]

    This Final Rule does not contain any information collection 
requirements subject to Office 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

    Water Pollution Control.

    Dated: November 2, 1995.

Patrick M. Tobin,
Acting Regional Administrator.

    In consideration of the foregoing, 40 CFR Chap. I, Subchapter H 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. Sections 1412 and 1418.

    2. Section 228.14 is amended by removing paragraph (h)(6).
    3. Section 228.15 is amended by adding paragraph (h)(19) to read as 
follows:


Sec. 228.15  Dumping sites designated on a final basis

* * * * *
    (h) * * *
    (19) Miami, Florida; Ocean Dredged Material Disposal Site.
    (i) Location:

                                                                        
                                                                        
                                                                        
25 deg.45'30'' N                     80 deg.03'54'' W;                  
25 deg.45'30'' N                     80 deg.02'50'' W;                  
25 deg.44'30'' N                     80 deg.03'54'' W;                  
25 deg.44'30'' N                     80 deg.02'50'' W.                  
                                                                        

Center coordinates are 25 deg.45'00'' N and 80 deg.03'22'' W.

    (ii) Size: Approximately 1 square nautical mile.
    (iii) Depth: Ranges from 130 to 240 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 Miami, Florida vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
* * * * *
[FR Doc. 96-1709 Filed 1-29-96; 8:45 am]
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