[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Proposed Rules]
[Pages 26267-26279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12480]



[[Page 26267]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-5825-1]


Simultaneous De-designation and Termination of the Mud Dump Site 
and Designation of the Historic Area Remediation Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing today 
to de-designate and terminate the New York Bight Dredged Material 
Disposal Site (also known as the Mud Dump Site) as of September 1, 
1997. The Mud Dump Site was designated in 1984 for the disposal of 100 
million cubic yards of dredged material from navigational dredging and 
other dredging projects associated with the Port of New York and New 
Jersey and nearby harbors. Simultaneous with closure of the Mud Dump 
Site, the site and surrounding areas that have been used historically 
as disposal sites for dredged materials will be redesignated under 40 
CFR part 228 as the Historic Area Remediation Site. The Historic Area 
Remediation Site will be managed to reduce impacts of historical 
disposal activities at the site to acceptable levels (in accordance 
with 40 CFR 228.11(c)). This amendment will, when finalized, identify 
for remediation an area in and around the Mud Dump Site which has 
exhibited the potential for adverse ecological impacts. As discussed 
further below, the Historic Area Remediation Site will be remediated 
with uncontaminated dredged material (i.e., dredged material that meets 
current Category I standards and will not cause significant undesirable 
effects including through bioaccumulation) (hereinafter referred to as 
``the Material for Remediation'' or ``Remediation Material'').

DATES: Comments must be received on or before June 30, 1997. The public 
hearing dates are as follows:
    1. June 16, 1997, at 7:00 PM: Monmouth Beach, New Jersey.
    2. June 17, 1997, at 7:00 PM: Long Island, NY.
    3. June 18, 1997, at 2:00 PM: New York, New York.

ADDRESSES: Comments on this proposed rule should be addressed to: Mr. 
Mario P. Del Vicario, Chief, Place Based Protection Branch, U.S. 
Environmental Protection Agency Region 2, 290 Broadway, New York, NY 
10007-1866 (E-mail [email protected]). The official 
record of this rulemaking is available for inspection at the EPA Region 
2 Library, 16th Floor, 290 Broadway, New York, NY 10007-1866. For 
access to the docket materials, call Karen Schneider at (212) 637-3189 
between 9:00 am and 3:30 pm Monday through Friday, excluding legal 
holidays, for an appointment. The record is also available for viewing 
at EPA's Region 2 Field Office Library, 2890 Woodbridge Avenue, 
Building 209, MS-245, Edison, New Jersey 08837. For access to the 
docket materials, call Ms. Dorothy Szefczyk (908) 321-6762 between 9:00 
am and 3:30 pm Monday through Friday, excluding legal holidays, for an 
appointment. The EPA public information regulation (40 CFR Part 2) 
provides that a reasonable fee may be charged for copying.
    The public hearing locations are as follows:
    1. New Jersey--Monmouth Beach Municipal Auditorium, 22 Beach Road, 
Monmouth Beach, New Jersey, 07750.
    2. Long Island, NY--Social Services Building Auditorium, County 
Seat Drive, Mineola, Long Island, NY 11501.
    3. New York, NY--Oval Room, Port Authority of New York/New Jersey, 
Floor 43, 1 World Trade Center, New York, New York 10048.
FOR FURTHER INFORMATION CONTACT: Mr. Mario P. Del Vicario, Chief, Place 
Based Protection Branch, US EPA Region 2, 290 Broadway, New York, NY 
10007-1866; (212) 637-3781 ([email protected]).

SUPPLEMENTARY INFORMATION:

I. Regulated Entities

    Entities potentially affected by this action include those who 
might have sought permits to dump dredged material into ocean waters at 
the Mud Dump Site (MDS) or those who might seek to place Remediation 
Material at the proposed Historic Area Remediation Site (HARS), under 
the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 1401 et 
seq. (hereinafter referred to as the MPRSA). The rule would primarily 
be of relevance to entities in the New York-New Jersey Harbor and 
surrounding area seeking permits from the U.S. Army Corps of Engineers 
(USACE) for the ocean dumping of dredged material at the Mud Dump Site 
or those seeking to place Remediation Material at the HARS, as well as 
the USACE itself. Potentially affected categories and entities seeking 
to use the Mud Dump Site or the HARS include:

------------------------------------------------------------------------
                                      Examples of potentially affected  
             Category                             entities              
------------------------------------------------------------------------
Industry.........................  Ports in NY/NJ Harbor and surrounding
                                    areas seeking MPRSA permits for     
                                    dredged material.                   
                                   Marinas in the NY/NJ Harbor and      
                                    surrounding areas seeking MPRSA     
                                    permits for dredged material.       
                                   Shipyards in the NY/NJ Harbor and    
                                    surrounding areas seeking MPRSA     
                                    permits for dredged material.       
                                   Berth owners in the NY/NJ Harbor and 
                                    surrounding area seeking MPRSA      
                                    permits for dredged material.       
State/local/tribal governments...  Local governments owning ports or    
                                    berths in the NY/NJ Harbor and      
                                    surrounding area seeking MPRSA      
                                    permits for dredged material.       
Federal..........................  US Army Corps of Engineers for its   
                                    proposed dredging projects in NY/NJ 
                                    Harbor and surrounding areas.       
                                   Federal agencies seeking MPRSA       
                                    permits for dredged material from NY/
                                    NJ Harbor and surrounding areas.    
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be affected by this action. Other types of entities 
not listed in the table could also be affected. To determine whether 
your organization is affected by this action, you should carefully 
consider whether your organization is subject to the requirement to 
obtain an MPRSA permit in accordance with the Purpose and Scope 
provisions of Sec. 220.1 of Title 40 of the Code of Federal 
Regulations, and you wish to use the site subject to today's proposal. 
If you have any questions regarding applicability of this action to a 
particular entity, please consult the person listed in the preceding 
FOR FURTHER INFORMATION CONTACT section.
    Other entities potentially affected by today's proposal would 
include commercial and recreational fishing interests using New York 
Bight Apex fishing and shellfish grounds. By providing for remediation 
of areas adversely impacted by historic disposal activities (see 
discussion below), today's proposal would be expected to have positive 
effects on fishery and shellfish resources.

II. Background

    Since the 1800s, the New York Bight Apex and surrounding area has 
been

[[Page 26268]]

used for disposal of dredged material and a variety of waste products, 
including municipal garbage, building materials, sewage sludge, and 
industrial waste. The New York Bight Apex is defined as the area of 
approximately 2,000 km\2\ extending along the New Jersey coastline from 
Sandy Hook south to 40 deg.10' latitude and east along the Long Island 
coastline from Rockaway Point to 73 deg.30' longitude. The New York 
Bight Apex is a small part of the New York Bight. The New York Bight is 
an approximately 39,000 km\2\ area extending seaward from Cape May, New 
Jersey to Montauk Point, New York outward to the edge of the 
continental shelf. Dredged material placement in the New York Bight 
Apex began ``officially'' in 1888 at a point 2.5 miles south of Coney 
Island. At that time, the New York Harbor U.S. Congressional Act of 
1888 established that the Supervisor of New York Harbor had the 
authority to grant permits for ocean disposal. Due to shoaling off 
Coney Island, the dredged material disposal location was moved in 1900 
to a point one-half mile south and eastward of Sandy Hook Lightship. In 
1903, the location was moved again, to 1.5 miles east of Scotland 
Lightship. Dredged material placement continued seaward of this area 
for the next 70 years.
    In 1972, the Congress of the United States enacted the MPRSA to 
address and control the dumping of materials into ocean waters. Title I 
of MPRSA authorized the EPA and the USACE to regulate dumping in ocean 
waters. Since the MPRSA was enacted, and through its subsequent 
amendments (including the Ocean Dumping Ban Act of 1988, which 
prohibited ocean dumping of sewage sludge and industrial waste), 
dumping in the New York Bight has been dramatically reduced through 
education and implementation actions by EPA, the USACE, the U.S. Coast 
Guard, and other agencies. In the New York Bight, this has meant 
permanent closure of the 12-Mile and 106-Mile sewage sludge sites, the 
Cellar Dirt site, the Acid Waste site, and the Woodburning site.
    Regulations implementing the MPRSA are set forth at 40 CFR Parts 
220 through 229. With few exceptions, the MPRSA prohibits the 
transportation of material from the United States for the purpose of 
ocean dumping except as may be authorized by a permit issued under the 
MPRSA. The MPRSA divides permitting responsibility between EPA and the 
USACE. Under Section 102 of the MPRSA, EPA has responsibility for 
issuing permits for all materials other than dredged material (e.g., 
fish wastes, burial at sea). Under Section 103 of the MPRSA, the 
Secretary of the Army has the responsibility for issuing permits for 
the ocean dumping of dredged material. This permitting authority has 
been delegated to the USACE. Determinations to issue MPRSA permits for 
dredged material are subject to EPA review and concurrence. Sediments 
proposed for ocean disposal within EPA Region 2 and the USACE New York 
District (NYD) have been separated into 3 categories (see Supplemental 
EIS), with Category I being allowed for ocean disposal without capping, 
Category II allowed for ocean disposal with capping, and Category III 
prohibited from ocean disposal.
    Section 102(c) of the MPRSA also provides that EPA may designate 
recommended times and sites for ocean dumping, and Section 103(b) 
further provides that the USACE should use such EPA designated sites to 
the maximum extent feasible. EPA's ocean dumping regulations provide 
that EPA's designation of an ocean dumping site is accomplished by 
promulgation of a site designation in 40 CFR part 228 specifying the 
site. On October 1, 1986, the Administrator delegated the authority to 
designate/de-designate ocean dumping sites for dredged material to the 
Regional Administrator of the Region in which the site is located. EPA 
is proposing the de-designation and termination of the Mud Dump Site 
and simultaneous HARS designation pursuant to the foregoing authorities 
and 40 CFR 228.5, 228.6, 228.10, and 228.11. Today's proposal consists 
of a single rulemaking action that would amend Sec. 228.15(d)(6) by 
deleting existing language that lists the Mud Dump Site as a designated 
site and simultaneously replacing it with language designating the 
HARS. It should be noted that MPRSA site designation does not 
constitute or imply EPA's approval of actual placement of material at 
the site. Before placement of the Material for Remediation at the HARS 
may commence, the USACE must evaluate permit applications according to 
EPA's Ocean Dumping Regulations.
    Interested persons may participate in this proposed rulemaking by 
submitting written comments to the address given above on or before the 
close of the public comment period specified in the DATES section of 
this Preamble. Because of the September 1, 1997, deadline for 
completion of this action (see paragraph below), comments must be 
timely received in order to enable their consideration.

III. Need for Remediation

    As stated in a letter to several New Jersey Congressmen, signed by 
EPA Administrator Carol Browner, then-Secretary of Transportation 
Federico F. Pena, and Secretary of the Army Togo D. West, Jr. (July 24, 
1996, 3-party letter):
    ``EPA will immediately begin the administrative process for closure 
of the Mud Dump Site by September 1, 1997. The proposed closure shall 
be finalized no later than that date. Post-closure use of the site 
would be limited, consistent with the management standards in 40 CFR 
228.11(c). Simultaneous with closure of the Mud Dump Site, the site and 
surrounding areas that have been used historically as disposal sites 
for contaminated material will be redesignated under 40 CFR part 228 as 
the Historic Area Remediation Site. This designation will include a 
proposal that the site be managed to reduce impacts at the site to 
acceptable levels (in accordance with 40 CFR 228.11(c)). The Historic 
Area Remediation Site will be remediated with uncontaminated dredged 
material (i.e., dredged material that meets current Category I 
standards and will not cause significant undesirable effects including 
through bioaccumulation)'' (referred to hereinafter as ``the Material 
for Remediation'' or ``Remediation Material''). As also stated in the 
July 24, 1996, 3-Party Letter: ``The designation of the Historic Area 
Remediation Site will assure long-term use of Category I dredge 
material.''
    As discussed and documented in the Supplemental environmental 
impact statement (EIS) accompanying today's proposed action (see 
section IV of preamble, below), field studies of the New York Bight 
Apex have found undesirable levels of bioaccumulative contaminants and 
toxicity in the surface sediments of much of the MDS and in sediments 
immediately surrounding the MDS. Further, it was found that some of 
these sediments cause toxicity in amphipod bioassays. Amphipods are 
small-bodied crustaceans that live in the surface layers of sediment, 
and are important prey items for many coastal marine organisms. These 
and other organisms are used by EPA and the USACE to evaluate sediment 
samples from proposed dredging sites.
    While it is impossible to quantify how much of New York Bight Apex 
contamination is the direct result of past dredged material disposal, 
other ocean dumping activities (e.g., former sewage sludge disposal at 
the 12-Mile Site), or other sources (e.g., via Hudson River plume or 
atmospheric deposition), the presence of these degraded sediments in 
the Apex is cause for concern. Organisms living in or near these 
degraded surface sediments in

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nearshore waters will be continually exposed to contaminants until the 
contaminants are buried by natural sedimentation, placement of 
Remediation Material, or otherwise isolated or removed. Exposed 
sediments can directly and indirectly impact benthic and pelagic 
organisms. Impacts to terrestrial organisms (including human beings) 
are also possible if the contaminants were to undergo trophic transfer.
    EPA employed several types of evaluations to determine the extent 
and location of potential environmental impacts in the vicinity of the 
MDS and historic dredged material disposal areas. These included the 
type of amphipod bioassays normally conducted on sediment samples from 
proposed dredging sites, contaminant-bioaccumulation evaluations of 
infaunal organisms and sediment from the Study Area (a 30 square 
nautical mile area within the New York Bight Apex encompassing benthic 
areas that showed evidence of dredged material disposal (presence of 
craters and mounds)), and evaluation of the benthic community structure 
in the potentially impacted areas. The results of these evaluations and 
the main factors that make remediation necessary are summarized below.

Contaminant Toxicity

    Potential toxicity of sediments was evaluated using the same 10-day 
amphipod (Ampelisca abdita) bioassay test used as part of the 
evaluation of the suitability of sediment for ocean disposal by EPA 
Region 2 and the USACE New York District (NYD). The data from amphipod 
bioassays of sediments from 1994 Study Area samples indicated 
widespread toxic conditions in sediment from areas around the MDS. If 
these surface sediments from the Study Area were from a proposed Region 
2/NYD dredging project site, the sediments would have been categorized 
as Category III and found to not meet the limiting permissible 
concentration (LPC) in EPA's Ocean Dumping Regulations (40 CFR 227.27), 
and thus would not be permitted for disposal at the MDS.

Contaminant Bioaccumulation/Trophic Transfer

    Contaminant bioaccumulation was evaluated by analyzing the tissues 
of infaunal worms collected from the Study Area sediments. Infaunal 
organism bioaccumulation of sediment-associated contaminants can, if 
accumulated to high enough levels, result in both acute and chronic 
impacts and eventually transform benthic community structure. Such 
changes can affect the food source of demersal predators. When demersal 
predators feed on infauna with contaminated tissues, the contaminants 
can be transferred to and potentially accumulate in the predator. These 
contaminants can then potentially be consumed by humans. EPA's 
evaluation of contaminant bioaccumulation in the Study Area was similar 
to the national testing manual's (Green Book) Tier IV ``steady-state'' 
evaluations, which are used in determining compliance with the ocean 
dumping criteria. The results showed that there were areas in the 
vicinity of the MDS where these benthic worms were accumulating 
undesirable levels of contaminants from the sediments.

Contaminants in Sediments

    Contaminant concentrations in sediments in the vicinity of the MDS 
were compared to National Oceanic and Atmospheric Administration (NOAA) 
ER-L (Effects Range-Low) and ER-M (Effects Range-Median) values which 
have been derived from a broad range of biological and chemical data 
collected synoptically from field and laboratory experiments. Although 
ER-L/ER-M values are not appropriate for regulatory decision making, 
they are useful in sediment evaluations when considered concurrently 
with other data. In general, the comparisons of ER-L/ER-M values to 
contaminant levels in sediments from parts of the Study Area indicated 
that, based on contaminant levels in the sediment, negative biological 
effects could be possible at many stations. This conclusion is 
corroborated by the results of the toxicity and contaminant 
bioaccumulation tests described above.

Contaminant Levels in Area Lobsters

    NOAA tissue data from lobsters that were harvested in the New York 
Bight Apex in 1994 revealed that PCB and 2,3,7,8-TCDD (dioxin) 
concentrations in the hepatic tissue (tomalley) of the lobsters were 
above U.S. Food and Drug Administration consumption guidelines. Other 
contaminants were also present in the hepatopancreas and other tissues, 
but the concentrations of these contaminants were within consumption 
guidelines.
    It must be kept in mind that the lobsters analyzed in the NOAA 
study were harvested from wild stocks in the Apex, whose populations 
migrate seasonally through the region, including perhaps the SEIS Study 
Area. Contamination of these animals cannot be definitively linked to 
specific areas of dredged material disposal, to other past dumping 
activities, or to other ongoing pollution sources. Nor does the study 
data indicate that human consumption of lobster muscle tissue (meat) 
presents health risks. However, the lobster study data do show that 
contaminants are being accumulated, and that concern about potential 
human-health risks is warranted. This contaminant data set complements 
other evidence of benthic contamination in the Bight Apex region.

Solutions to Sediment Degradation in the Study Area

    Today's proposal to terminate and de-designate the Mud Dump Site, 
and simultaneously redesignate the area of that site and surrounding 
degraded areas as the Historic Area Remediation Site is amply supported 
by the presence of toxic effects (a Category III sediment 
characteristic), dioxin bioaccumulation exceeding Category I levels in 
worm tissue (a Category II sediment characteristic), ER-L/ER-M 
exceedances in some Study Area sediments, as well as TCDD/PCB 
contamination in area lobster stocks. Individual elements of the 
aforementioned data do not prove that sediments within the Study Area 
are imminent hazards to the New York Bight Apex ecosystem, living 
resources, or human health. However, the collective evidence presents 
cause for concern, justifies the conclusion of the July 24, 1996, 3-
Party Letter that a need for remediation exists, that the site is 
Impact Category I (see, 40 CFR 228.10), and that the site should be 
managed to reduce impacts to acceptable levels (see, 40 CFR 228.11(c)). 
Further information on the conditions in the Study Area and the surveys 
performed may be found in the Supplemental Environmental Impact 
Statement described immediately below.

IV. EIS Development

    Section 102(c) of the National Environmental Policy Act of 1969, 
Section 4321 et seq. (NEPA) 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. 
Although EPA activities have been determined to be ``functionally 
equivalent'' with NEPA, EPA has voluntarily undertaken to prepare an 
EIS when designating ocean dumping sites. See, 39 FR 16186 (May 7, 
1974).
    In August 1982, EPA published a final EIS entitled, ``Environmental 
Impact Statement for the New York Dredged

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Material Disposal Site Designation.'' The EIS assessed the 
environmental impacts of establishing an ocean disposal site for 100 
million cubic yards (mcy) of dredged materials generated within the 
Port of New York and New Jersey. After completion of the environmental 
studies and publication of the EIS, EPA designated the Mud Dump Site as 
an Impact Category I disposal site on May 4, 1984 at 49 FR 19012 (see, 
40 CFR 228.10(c)). The resulting rule specifying the Mud Dump Site 
established a capacity of 100 mcy (see, 40 CFR 228.15(d)(6)). 
Approximately 68 mcy of dredged material has been disposed of at the 
Mud Dump Site since that designation; the remaining capacity of the Mud 
Dump Site is affected by a variety of factors, including disposal 
strategies and mound height restrictions for dredged material. 
Consistent with the need for remediation and the above-quoted provision 
of the July 24, 1996, 3-Party letter, on September 11, 1996, EPA 
announced the following actions: (1) Modification of the scope of the 
existing supplemental environmental impact statement (EIS) by 
eliminating the proposal to expand the Mud Dump Site for Category II 
dredged material disposal; and (2) implementation of the July 24, 1996, 
3-Party letter by closing the Mud Dump Site by September 1, 1997, and 
simultaneously designating the HARS for the purpose of remediation. 
Accordingly, EPA has prepared a Supplemental EIS entitled, ``Supplement 
to the Environmental Impact Statement on the New York Dredged Material 
Disposal Site Designation for the Designation of the Historic Area 
Remediation Site (HARS) in the New York Bight Apex.'' The document 
addresses the environmental considerations relevant to the HARS, and 
identifies the Priority Remediation Area (PRA) within the HARS. Anyone 
desiring a copy of the Supplemental EIS may obtain one from the address 
given above.
    The action discussed in the Supplemental EIS is the simultaneous 
termination/de-designation of the Mud Dump Site and designation of the 
HARS. The appropriateness of placing specific material at a designated 
site is determined on a case-by-case basis as part of the process of 
issuing permits under the MPRSA. The Category II capacity of the 
existing Mud Dump Site will be reached by September 1, 1997. The basis 
for this limit is explained in the Mud Dump Site Management and 
Monitoring Plan (SMMP), which can be obtained by contacting Douglas A. 
Pabst, EPA Region 2, at (212) 637-3797 (E-mail 
[email protected]) or Brian May, USACE-New York District 
(NYD), at (212) 264-1853 (E-mail: [email protected]).
    The following alternatives were evaluated in detail in the 
Supplemental EIS:
1. No Action
    Under this alternative, there would be no designation of a HARS in 
the New York Bight Apex for the placement of Remediation Material. With 
the no action alternative, Category II dredged material capacity will 
be reached by September 1, 1997; no Category II disposal will be 
allowed at the Mud Dump Site after capacity is reached. The disposal of 
Category I dredged materials would continue until the capacity of the 
Mud Dump Site is reached (i.e., 31 mcy of Category I). There would be 
no change to the size or management of the present Mud Dump Site. EPA 
has not selected the no action alternative because this alternative 
does not allow for any remediation of the degraded sediments outside 
the Mud Dump Site.
2. Closure of the Mud Dump Site With No Designation of the HARS
    Under this alternative, the Mud Dump Site would be closed/de-
designated by September 1, 1997, and there would be no designation of 
the HARS. Similar to the no action alternative, this option does not 
allow for any remediation of degraded sediments inside or outside of 
the Mud Dump Site, and thus was not selected.
3. Remediation (Preferred Alternative)
    Under the remediation alternative (which is the subject of today's 
proposed rule), there would be simultaneous closure/de-designation of 
the Mud Dump Site and designation of the HARS by September 1, 1997. The 
proposed HARS, which will include the 2.2 square nautical mile area of 
the Mud Dump Site, would be an approximately 15.7 square nautical mile 
area located approximately 3.5 nautical miles east of Highlands, New 
Jersey and 7.7 nautical miles south of Rockaway, New York. The Mud Dump 
Site is located approximately 5.3 nautical miles east of Highlands, New 
Jersey and 9.6 nautical miles south of Rockaway, New York. The proposed 
HARS will include the following three areas (See Figure 1):

BILLING CODE 6560-50-P

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[GRAPHIC] [TIFF OMITTED] TP13MY97.000



BILLING CODE 6560-50-C

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    Priority Remediation Area (PRA): A 9.0 square nautical mile area to 
be remediated with at least 1 meter of Remediation Material. The PRA 
encompasses the area of degraded sediments as described in greater 
detail in the Supplemental EIS.
    Buffer Zone: An approximately 5.7 square nautical mile area (0.27 
nautical mile wide band around the PRA) in which no placement of the 
Material for Remediation will be allowed, but may receive Material for 
Remediation that incidentally spreads out of the PRA.
    No Discharge Zone: An approximately 1.0 square nautical mile area 
in which no placement or incidental spread of Material for Remediation 
is allowed.
    Remediation would be accomplished by covering all areas within the 
PRA, prioritized by the degree of degradation, with at least a 1 meter 
cap (minimum required cap thickness) of the Material for Remediation.
    The Supplemental EIS selects remediation as the preferred 
alternative following a comparison of the four proposed project 
alternatives. The remediation alternative would reduce the toxicity of 
area sediments to sensitive marine organisms and would decrease the 
contaminant bioavailability and possible sublethal effects to fish and 
shellfish resources, thereby reducing potential trophic transfer of 
contaminants to piscivorous marine birds, mammals and human beings. As 
stated in the July 24, 1996, 3-Party letter: ``Simultaneous with 
closure of the MDS, the site and surrounding areas that have been used 
historically as disposal sites for contaminated material will be 
redesignated under 40 CFR part 228 as the Historic Area Remediation 
Site. This designation will include a proposal that the site be managed 
to reduce impacts at the site to acceptable levels (in accordance with 
40 CFR 228.11(c)).'' As further stated in the July 24, 1996, 3-Party 
Letter: ``The designation of the Historic Area Remediation Site will 
assure long-term use of category I dredge material.'' A draft SMMP for 
the HARS has been prepared and may be obtained by contacting Douglas A. 
Pabst, EPA Region 2, at (212) 637-3797 (E-mail: 
[email protected]) or Brian May, USACE-New York District 
(NYD), at (212) 264-1853 (E-mail: [email protected]).
4. Restoration
    Under the restoration alternative, there would be the simultaneous 
closure/de-designation of the Mud Dump Site and designation of the HARS 
by September 1, 1997. The HARS would include the present area of the 
Mud Dump Site and areas outside the Mud Dump Site found to be degraded 
by historical dredged material disposal. The restoration work would be 
conducted by covering degraded sediment areas with at least a one meter 
cover of sandy Material for Remediation (0 to 10% fines). Restoration 
work would be prioritized by the degree of degradation--that is, areas 
exhibiting the greatest degradation would be restored first. EPA did 
not select this alternative since it would have contributed to a loss 
of mud, and muddy sand habitats, with possible negative effects to 
living resources (e.g., lobster and winter flounder). Further, there is 
limited availability of sandy Material for Remediation from New York-
New Jersey Harbor and surrounding areas, and no dedicated funding for 
obtaining suitable material from other sources (e.g., inlet projects or 
mining sites). This could make restoration infeasible or result in a 
much longer restoration period than Alternative 3, with continued 
exposure of degraded sediments to the biotic zone of the New York 
Bight. In addition, one of the objectives of the July 24, 1996, 3-Party 
letter is that the designation of the Historic Area Remediation Site 
assures long-term use of Category I dredged material.

V. Proposed Action

    Today's proposal would implement Alternative 3 of the Supplemental 
EIS. The proposed HARS (which includes the 2.2 square nautical mile Mud 
Dump Site) is a 15.7 square nautical mile area located approximately 
3.5 nautical miles east of Highlands, New Jersey, and 7.7 nautical 
miles south of Rockaway, New York, and bounded by the coordinates shown 
in Table 1.
    In order to reduce adverse effects that have occurred within the 
HARS (see, 40 CFR 228.11(c)), use of the site would be limited to the 
placement of Remediation Material. Remediation Material, as provided in 
the July 24, 1996, 3-party letter, is ``uncontaminated dredged material 
(i.e., dredged material that meets current Category I standards and 
will not cause significant undesirable effects, including through 
bioaccumulation)''. Based upon evaluation for environmental impact 
under 40 CFR part 227, subpart B, material to be used for remediation 
must satisfy the criteria of 40 CFR 227.6 and 227.27 and not indicate a 
potential for short term (acute) impacts or long term (chronic) 
impacts. Consistent with achieving the objective of remediating the 
HARS to acceptable levels of impact, material to be used for 
remediation will possess characteristics that demonstrably contribute 
to the improvement of conditions within the area in which they are to 
be placed so as to enable development of sustainable and diverse 
communities of healthy benthic marine life.
    If at any time remediation operations at the site cause significant 
adverse environmental impacts, EPA will place such additional 
limitations on site use as are necessary to reduce the impacts to 
acceptable levels, particularly taking into account the following 
factors: movement of materials into estuaries or marine sanctuaries, or 
onto oceanfront beaches, or shorelines; movement of materials toward 
productive fishery or shell fishery areas; absence from the HARS of 
pollution-sensitive biota characteristic of the general area; 
progressive, non-seasonal changes in water quality or sediment 
composition at the HARS, when these changes are attributable to 
material placed at the HARS; progressive, non-seasonal changes in 
composition or numbers of pelagic, demersal, or benthic biota at or 
near the HARS, when these changes are attributable to the material 
placed at the HARS; and accumulation of constituents from the material 
in marine biota near the HARS. See, 40 CFR 228.10.

VI. Site Designation Criteria

    Under 40 CFR 228.5, five general criteria are used in the selection 
and approval of sites under section 102 of the MPRSA for continuing 
use. Pursuant to Sec. 228.5(a), sites are selected so as to minimize 
interference with other marine activities, particularly avoiding areas 
of existing fisheries or shell fisheries, and areas of heavy 
navigational use. For additional information on Sec. 228.5(a) see 
sections 3.5, 4.0, 4.1, 4.2, 4.2.1, 4.2.2, and 4.2.4 of the 
Supplemental EIS. Pursuant to Sec. 228.5(b), sites are situated such 
that temporary water quality perturbations caused by site operations 
would be expected to be reduced to normal ambient levels before 
reaching any beach shoreline, sanctuary or geographically limited 
fishery area. For additional information on Sec. 228.5(b) see Sections 
3.2.4, 4.2.2, 4.2.3, and 5.0 of the Supplemental EIS. Pursuant to 
Sec. 228.5(c), if site designation studies show that any interim site 
does not meet the site selection criteria, use of such site shall be 
terminated as soon as an alternate site can be designated. Pursuant to 
Sec. 228.5(d), site size is limited in order to localize for 
identification and control any immediate adverse impacts, and to 
facilitate effective monitoring for long-range effects. For additional 
information

[[Page 26273]]

on Sec. 228.5(d) see Section 5.0 of the Supplemental EIS. Pursuant to 
Sec. 228.5(e), EPA will, wherever feasible, designate sites beyond the 
edge of the continental shelf or sites that have been historically 
used. For additional information on Sec. 228.5(e) see Sections 3.2.1 
and 3.2.2 of the Supplemental EIS.
    As described in Chapter 4 of the Supplemental EIS, today's proposal 
complies with the general criteria of Sec. 228.5. Specifically, the 
HARS, which will be remediated to improve its current condition, is not 
in a geographically limited fishery area, is not in a major navigation 
area and otherwise has no geographically limited resource values that 
are not abundant in other parts of this coastal region. The Material 
for Remediation placed at the site will not reach any significant areas 
such as a marine sanctuary, beach, or other important natural resource 
area (i.e., the buffer zone ensures that transport beyond the HARS 
boundaries during initial mixing is avoided). Neither the HARS nor the 
existing Mud Dump Site are interim sites, and the HARS has an 
appropriately limited size that will allow for effective monitoring and 
localize impacts. Although the site is not located off the Continental 
Shelf, it is located in an area previously affected by historical 
dredged material disposal. Use of a site off the Continental Shelf is 
not feasible because a major underlying purpose of the HARS designation 
is to provide for remediation of such historically used areas, and 
these areas are located on the continental shelf.
    Section 228.6 of the Ocean Dumping Regulations also lists eleven 
specific factors used in evaluating a proposed site. These 11 specific 
criteria were also considered in developing today's proposed rule, as 
described below, and documented in the Supplemental EIS.
    1. Geographical position, depth of water, bottom topography and 
distance from coast (40 CFR 228.6(a)(1): The HARS (which includes the 
2.2 square nautical area of the mile Mud Dump Site) is a 15.7 square 
nautical mile area located approximately 3.5 nautical miles east of 
Highlands, New Jersey and 7.7 nautical miles south of Rockaway, New 
York, bounded by the following coordinates:

                                                     Table 1                                                    
----------------------------------------------------------------------------------------------------------------
                      Point                        Latitude DMS    Longitude DMS   Latitude DDM    Longitude DDM
----------------------------------------------------------------------------------------------------------------
A...............................................  40 deg.25'39''                                                
                                                               N  73 deg.53'55''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.53.92'
                                                                                                               W
M...............................................  40 deg.25'39''                                                
                                                               N  73 deg.48'58''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.48.97'
                                                                                                               W
P...............................................  40 deg.21'19''                                                
                                                               N  73 deg.48'57''                                
                                                                               W   40 deg.21.32'                
                                                                                               N   73 deg.48.95'
                                                                                                               W
R...............................................  40 deg.21'19''                                                
                                                               N  73 deg.52'30''                                
                                                                               W   40 deg.21.32'                
                                                                                               N   73 deg.52.50'
                                                                                                               W
S...............................................  40 deg.21'52''                                                
                                                               N  73 deg.53'55''                                
                                                                               W   40 deg.21.87'                
                                                                                               N   73 deg.53.92'
                                                                                                               W
V...............................................  40 deg.21'52''                                                
                                                               N  73 deg.52'30''                                
                                                                               W   40 deg.21.87'                
                                                                                               N   73 deg.52.50'
                                                                                                               W
----------------------------------------------------------------------------------------------------------------
DMS = Degrees, Minutes, Seconds                                                                                 
DDM = Degrees, Decimal Minutes                                                                                  

    The proposed HARS includes the following 3 areas:
    Priority Remediation Area (PRA): 9.0 square nautical mile area to 
be remediated with at least 1 meter of Remediation Material, bounded by 
the following coordinates:

                                                     Table 2                                                    
----------------------------------------------------------------------------------------------------------------
                      Point                        Latitude DMS    Longitude DMS   Latitude DDM    Longitude DDM
----------------------------------------------------------------------------------------------------------------
B...............................................  40 deg.25'23''                                                
                                                               N  73 deg.53'34''                                
                                                                               W   40 deg.25.38'                
                                                                                               N   73 deg.53.57'
                                                                                                               W
D...............................................  40 deg.25'22''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
F...............................................  40 deg.23'13''                                                
                                                               N  73 deg.52'09''                                
                                                                               W   40 deg.23.22'                
                                                                                               N   73 deg.52.15'
                                                                                                               W
G...............................................  40 deg.23'13''                                                
                                                               N  73 deg.51'28''                                
                                                                               W   40 deg.23.22'                
                                                                                               N   73 deg.51.47'
                                                                                                               W
H...............................................  40 deg.22'41''                                                
                                                               N  73 deg.51'28''                                
                                                                               W   40 deg.22.68'                
                                                                                               N   73 deg.51.47'
                                                                                                               W
I...............................................  40 deg.22'41''                                                
                                                               N  73 deg.50'43''                                
                                                                               W   40 deg.22.68'                
                                                                                               N   73 deg.50.72'
                                                                                                               W
L...............................................  40 deg.25'22''                                                
                                                               N  73 deg.50'44''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.50.73'
                                                                                                               W
N...............................................  40 deg.25'22''                                                
                                                               N  73 deg.49'19''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.49.32'
                                                                                                               W
O...............................................  40 deg.21'35''                                                
                                                               N  73 deg.49'19''                                
                                                                               W   40 deg.21.58'                
                                                                                               N   73 deg.49.32'
                                                                                                               W
Q...............................................  40 deg.21'36''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.21.60'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
T...............................................  40 deg.22'08''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.22.13'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
U...............................................  40 deg.22'08''                                                
                                                               N  73 deg.53'34''                                
                                                                               W   40 deg.22.13'                
                                                                                               N   73 deg.53.57'
                                                                                                               W
----------------------------------------------------------------------------------------------------------------
DMS = Degrees, Minutes, Seconds                                                                                 
DDM = Degrees, Decimal Minutes                                                                                  

    Water depths within this area range from 40 feet (12 meters) to 138 
feet (42 meters). The bottom topography is characterized by mounds from 
previous disposal activities that gradually slope downward toward the 
southeast near the Hudson Shelf Valley.
    Buffer Zone: an approximately 5.7 square nautical mile area (0.27 
nautical mile wide band around the PRA) in which no placement of the 
Material for Remediation will be allowed, but which may receive 
Remediation Material that incidentally spreads out of the PRA, bounded 
by the following coordinates:

                                                     Table 3                                                    
----------------------------------------------------------------------------------------------------------------
                      Point                        Latitude DMS    Longitude DMS   Latitude DDM    Longitude DDM
----------------------------------------------------------------------------------------------------------------
A...............................................  40 deg.25'39''                                                
                                                               N  73 deg.53'55''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.53.92'
                                                                                                               W

[[Page 26274]]

                                                                                                                
B...............................................  40 deg.25'23''                                                
                                                               N  73 deg.53'34''                                
                                                                               W   40 deg.25.38'                
                                                                                               N   73 deg.53.57'
                                                                                                               W
C...............................................  40 deg.25'39''                                                
                                                               N  73 deg.51'48''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.51.80'
                                                                                                               W
D...............................................  40 deg.25'22''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
E...............................................  40 deg.23'48''                                                
                                                               N  73 deg.51'48''                                
                                                                               W   40 deg.23.80'                
                                                                                               N   73 deg.51.80'
                                                                                                               W
F...............................................  40 deg.23'13''                                                
                                                               N  73 deg.52'09''                                
                                                                               W   40 deg.23.22'                
                                                                                               N   73 deg.52.15'
                                                                                                               W
G...............................................  40 deg.23'13''                                                
                                                               N  73 deg.51'28''                                
                                                                               W   40 deg.23.22'                
                                                                                               N   73 deg.51.47'
                                                                                                               W
H...............................................  40 deg.22'41''                                                
                                                               N  73 deg.51'28''                                
                                                                               W   40 deg.22.68'                
                                                                                               N   73 deg.51.47'
                                                                                                               W
I...............................................  40 deg.22'41''                                                
                                                               N  73 deg.50'43''                                
                                                                               W   40 deg.22.68'                
                                                                                               N   73 deg.50.72'
                                                                                                               W
J...............................................  40 deg.23'48''                                                
                                                               N  73 deg.51'06''                                
                                                                               W   40 deg.23.80'                
                                                                                               N   73 deg.51.10'
                                                                                                               W
K...............................................  40 deg.25'39''                                                
                                                               N  73 deg.51'06''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.51.10'
                                                                                                               W
L...............................................  40 deg.25'22''                                                
                                                               N  73 deg.50'44''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.50.73'
                                                                                                               W
M...............................................  40 deg.25'39''                                                
                                                               N  73 deg.48'58''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.48.97'
                                                                                                               W
N...............................................  40 deg.25'22''                                                
                                                               N  73 deg.49'19''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.49.32'
                                                                                                               W
O...............................................  40 deg.21'35''                                                
                                                               N  73 deg.49'19''                                
                                                                               W   40 deg.21.58'                
                                                                                               N   73 deg.49.32'
                                                                                                               W
P...............................................  40 deg.21'19''                                                
                                                               N  73 deg.48'57''                                
                                                                               W   40 deg.21.32'                
                                                                                               N   73 deg.48.95'
                                                                                                               W
Q...............................................  40 deg.21'36''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.21.60'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
R...............................................  40 deg.21'19''                                                
                                                               N  73 deg.52'30''                                
                                                                               W   40 deg.21.32'                
                                                                                               N   73 deg.52.50'
                                                                                                               W
S...............................................  40 deg.21'52''                                                
                                                               N  73 deg.53'55''                                
                                                                               W   40 deg.21.87'                
                                                                                               N   73 deg.53.92'
                                                                                                               W
T...............................................  40 deg.22'08''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.22.13'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
U...............................................  40 deg.22'08''                                                
                                                               N  73 deg.53'34''                                
                                                                               W   40 deg.22.13'                
                                                                                               N   73 deg.53.57'
                                                                                                               W
V...............................................  40 deg.21'52''                                                
                                                               N  73 deg.52'30''                                
                                                                               W   40 deg.21.87'                
                                                                                               N   73 deg.52.50'
                                                                                                               W
----------------------------------------------------------------------------------------------------------------
DMS = Degrees, Minutes, Seconds                                                                                 
DDM = Degrees, Decimal Minutes                                                                                  

    No Discharge Zone: an approximately 1.0 square nautical mile area 
in which no placement or incidental spread of the Material for 
Remediation is allowed, bounded by the following coordinates:

                                                     Table 4                                                    
----------------------------------------------------------------------------------------------------------------
                      Point                        Latitude  DMS  Longitude  DMS   Latitude  DDM  Longitude  DDM
----------------------------------------------------------------------------------------------------------------
C...............................................  40 deg.25'39''                                                
                                                               N  73 deg.51'48''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.51.80'
                                                                                                               W
E...............................................     40 deg. 23'                                                
                                                          48'' N     73 deg. 51'                                
                                                                          48'' W  40 deg. 23.80'                
                                                                                               N  73 deg. 51.80'
                                                                                                               W
J...............................................     40 deg. 23'                                                
                                                          48'' N     73 deg. 51'                                
                                                                          06'' W  40 deg. 23.80'                
                                                                                               N  73 deg. 51.10'
                                                                                                               W
K...............................................     40 deg. 25'                                                
                                                          39'' N     73 deg. 51'                                
                                                                          06'' W  40 deg. 25.65'                
                                                                                               N  73 deg. 51.10'
                                                                                                              W 
----------------------------------------------------------------------------------------------------------------
DMS = Degrees, Minutes, Seconds                                                                                 
DDM = Degrees, Decimal Minutes                                                                                  

    For additional information see Sections 3.1, 3.2.2, 3.3.1, 3.3.4, 
4.1, 4.2, 4.2.9 of the Supplemental EIS.
    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)): There are substantial living marine resources that breed, 
spawn, feed and transit the proposed HARS in both juvenile and adult 
phases. These biological resources are utilized by commercial and 
recreational fishermen. Placement of the Material for Remediation at 
the HARS is intended to help improve the sediment conditions in the 
area, and thus should be beneficial to marine life.
    Approximately 30 species of whales, seals, and dolphins are 
observed in the mid-Atlantic area in the course of their migration. 
Three endangered and two threatened species of sea turtles are found in 
the mid-Atlantic. Two of the five, the Kemp's ridley and loggerhead 
turtle, are known to occur near shore. Fin and humpback whales occur in 
both near shore and offshore waters. Several species of seabirds breed 
in the middle Atlantic states, with New Jersey and Long Island 
harboring the largest nesting areas. Of particular concern are the 
least tern, roseate tern, and the black skimmer, as the present 
populations of these species are greatly reduced over historic 
population sizes. The HARS lies within the Atlantic Flyway through 
which over three million migratory waterfowl travel annually. Although 
these activities occur in the vicinity of the proposed HARS, no feature 
of the life history of valuable organisms is known to be unique to the 
area.
    With respect to endangered and threatened species, informal 
consultation was conducted with the U.S. Fish and Wildlife Service 
(USFWS) and the National Marine Fisheries Service (NMFS). The USFWS 
concurred with EPA's determination that species under its jurisdiction 
would not likely be adversely affected by the proposed action. EPA 
prepared a Biological Assessment of the proposed action on four species 
under NMFS jurisdiction: Kemp's ridley sea turtle, loggerhead sea 
turtle, humpback whale, and the fin whale. The Biological Assessment, 
which concludes that the proposed action is not likely to affect these 
four species, is available upon request by contacting the person listed 
in the FOR FURTHER INFORMATION CONTACT section. For additional 
information see Sections 3.4, 3.5, 4.2.2, 4.3.1.4, 4.3.2.4, 4.3.3.4 of 
the Supplemental EIS.
    3. Location in relation to beaches and other amenity areas (40 CFR 
228.6(a)(3)): There are heavily used beaches, public shorelines and 
recreational facilities on the southern coast of Long Island, New York, 
and the Atlantic shore of New Jersey. The HARS encompasses all benthic 
areas that EPA has determined are appropriate for remediation and show 
evidence of dredged material disposal and/or historical ocean dumping 
activities as found within the 30 square nautical mile Study Area 
evaluated in the SEIS. Portions of the ocean front beaches in

[[Page 26275]]

New Jersey will be as close as 3.5 nautical miles west of the HARS; 
amenity areas in Long Island, New York, will be 7.4 nautical miles from 
the HARS. Given the rapid dissipation characteristics of dredge plumes 
(i.e., plume dilution after two hours, based on total suspended solids, 
ranged from approximately 64,000:1 to 557,000:1) and that virtually all 
released materials settle to the bottom near the release point, the 
Material for Remediation placed in the HARS would not adversely affect 
beaches or similar amenities. For additional information see Sections 
3.1, 4.2.1, 4.2.3 of the Supplemental EIS.
    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)): Approximately 41 mcy of the Material for 
Remediation will be placed at the HARS. This estimate is based upon the 
placement of a 1 meter cap (minimum required cap thickness) of the 
Material for Remediation on sediments within the PRA. This volume is an 
estimate; past capping experience suggests that the actual remediation 
volume will be higher due to settling and mounding of the material. The 
Material for Remediation will be generated through the maintenance and 
development of navigation channels and berthing areas in the Port of 
New York and New Jersey and surrounding areas, and could also be 
generated as a result of non-navigational dredging. All of the 
materials would be transported to the HARS by dump scow or hopper 
dredge. The Material for Remediation placed in the HARS would not be 
containerized or packaged. For additional information see Sections 
3.2.3, 3.2.4, and 5.0 of the Supplemental EIS.
    5. Feasibility of surveillance and monitoring (40 CFR 228.6(a)(5)): 
Surveillance of the site can be accomplished by boat, helicopter, 
disposal inspectors aboard barges, scows, and tugboats, or through 
radar or satellite. This effort would be conducted jointly by the EPA--
USACE New York District , and the U.S. Coast Guard. The EPA has 
developed a draft HARS SMMP which covers post-closure activities at the 
Mud Dump Site and remediation activities within the HARS upon its 
designation (see below for information on obtaining the HARS SMMP). The 
HARS will be managed to reduce impacts at the site to acceptable levels 
(in accordance with 40 CFR 228.11 (c)). For additional information see 
Sections 3.2.4, 4.3.1.7, 4.3.2.7, 4.3.3.7, 4.3.4.7, and 5.0 of the 
Supplemental EIS.
    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 long-term currents in 
the New York Bight, which includes the area of the HARS, are to the 
southwest at mean speeds of approximately 3.7 cm/second, with an 
occasional clockwise eddy in the Bight Apex. Surface waves are 
generally less than 2 meters in height except during major storms which 
occur most frequently in the fall and winter seasons. Wave-induced near 
bottom currents are greater than 20 cm/second only when surface wave 
heights exceed 3 meters, wave periods are in excess of 10 seconds, and 
storm centers are to the east or southeast. These wave conditions are 
encountered less than 3% of the time in the fall and winter, and less 
than 1% of the time in the spring and summer. Near bottom oscillatory 
currents at the HARS are relatively weak with maximum speeds on the 
order of 10 cm/s. Mean currents are also weak, with direction that is 
dependent upon location, water depth, and bottom topography.
    Short term dispersion in the water column is a function of tidal 
forces and currents at the time of placement. Deposited Remediation 
Material sediments are relatively stable under non-storm conditions. 
Resuspension and dispersion after deposition is primarily caused by 
major storm activity and the most intense storms can resuspend and 
transport sandy sediments deposited in less than 20 m of water. Any 
potential for transport of the Material for Remediation to beaches and 
amenities is negligible. For additional information see Sections 3.3.3, 
3.3.4, 3.3.5, 3.3.6, 3.3.7, 3.3.8, and 4.2.3 of the Supplemental EIS.
    7. Existence and effects of current and previous discharges and 
dumping in the area (including cumulative effects) (40 CFR 
228.6(a)(7)): The NY Bight Apex has been historically utilized for 
ocean disposal of dredged material and a variety of waste products 
since the 1800's (e.g., building materials, sewage sludge, industrial 
waste). Ocean disposal of garbage was eliminated in 1934; other 
industrial waste product disposal practices ended as a result of the 
passage of the Ocean Dumping Ban Act (sewage sludge disposal ended in 
1992). The size of the PRA within the HARS is 9.0 square nautical 
miles. For additional information see Sections 3.2.1, 3.2.2, 3.2.3, 
4.3.1.1, 4.3.2.1, and 4.3.3.1 of the Supplemental EIS.
    As previously discussed in today's preamble and further explained 
in Chapters 1 and 3 of the Supplemental EIS accompanying today's 
proposal, field surveys have identified areas of sediments exhibiting 
unacceptable toxicity to amphipods and elevated levels of 
bioaccumulative contaminants within the MDS and surrounding areas. 
Although precise quantification of the sources of such contamination is 
not possible (with potential sources including historical dredged 
material disposal, former 12-Mile Site sewage sludge dumping, the 
Hudson River Plume, and atmospheric deposition), the presence of 
degraded sediments exhibiting unacceptable toxicity and/or unacceptable 
bioaccumulation is cause for concern. Bathymetric and side scan data 
show evidence of dredged material disposal mounds in the Supplemental 
EIS study area. The available information, as documented in the 
accompanying Supplemental EIS, supports both the closure of the MDS and 
designation and remediation of the HARS.
    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)): The site is located in the entrance to New York Harbor. 
It is within the precautionary zone established by the U.S. Coast Guard 
for commercial and recreational ship traffic. Discussions with local 
harbor pilots indicate that the proposed activities at the HARS will 
not interfere with commercial navigation activity. Neither desalination 
nor fish or shellfish culture occurs near the site. This action is 
intended to help improve sediment conditions in the area, and thus 
should be beneficial to fishing. Sand mining in the area of the HARS 
has been precluded by a 1996 statement of policy from the Minerals 
Management Service (MMS). In a related matter, the MMS has stated that 
areas of low petroleum potential in the vicinity of the site are under 
moratorium for oil and gas exploration. The HARS is not a 
scientifically important area. For additional information see Sections 
3.5, 4.2.1, 4.2.2, 4.2.4, 4.2.5, 4.2.5.1, 4.2.5.2, 4.2.6, and 4.2.8 of 
the Supplemental EIS.
    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)): From 1994 to 1996, EPA Region 2 and the USACE NYD 
conducted a variety of oceanographic surveys within an approximately 30 
square nautical mile study area (including the 15.7 square nautical 
mile HARS). Water quality in and near the HARS meets applicable Federal 
marine water quality criteria; the water quality can be affected by 
Hudson River outflow/plume and

[[Page 26276]]

natural seasonal cycles. With respect to site ecology, demersal and 
pelagic fish are abundant in the site. Two benthic infaunal communities 
(i.e., sandy and fine grain) occur in the site. Abundance of both 
benthic communities is high, diversity is moderate. Neither of the 
benthic communities is detectably impaired by contaminants in the 
sediments. Studies conducted by EPA, however, indicate that when 
sediments from the HARS area are removed and brought back to the 
laboratory for subsequent toxicity testing using standard 10-day 
amphipod (ampelisca abdita) acute toxicity test procedures, sediment 
toxicity is observed in sediments from many areas of the HARS. These 
studies revealed levels of toxicity within the HARS that would fail the 
ocean disposal criteria and qualify as Category III dredged material. 
Analyses conducted on worm tissue collected from the HARS revealed 
levels of dioxin in excess of Category I levels but below Category III 
levels. For additional information see Section 3.3.10, 3.4, and 3.5.2 
of the Supplemental EIS.
    10. Potential for the development or recruitment of nuisance 
species in the site (40 CFR 228.6(a)(10)): Based on the available 
evidence, including monitoring studies of the New York Bight Apex and 
the Mud Dump Site, the Material for Remediation is not a potential 
source for the development or recruitment of nuisance species in the 
HARS. Monitoring results and available data indicate that placement of 
dredged material at the Mud Dump Site has not extended the range of 
undesirable living organisms or pathogens or degraded uninfected areas, 
or introduced viable non-indigenous species into the area. For 
additional information see sections 3.3, 3.4.1.1, 4.3.2.4, and 4.3.3.4 
of the Supplemental EIS.
    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 site is located approximately 7.7 nautical miles 
from the Gateway National Recreational Areas in Rockaway, NY, and 3.5 
nautical miles from Sandy Hook, NJ. It is also near a number of 
important features of historic importance, including the Marconi Twin 
Lights (3.5 nautical miles away). Dredged material placed at the nearby 
Mud Dump Site has not been found to affect state or national parks, 
beaches, or features of historical importance. A cultural resources 
survey of the study area was conducted as part of the development of 
the Supplemental EIS; 15 shipwrecks were located within the study area. 
EPA has determined to avoid (i.e., no placement within 500 meters of a 
wreck) four of the vessels that are located in the PRA that have 
potential eligibility to the National Register of Historic Places. 
Avoidance ensures that the wrecks are available for further 
investigation and determination for eligibility for nomination should 
any future federal action be planned in the area. For additional 
information see Sections 3.5.7, 4.3.1.5, 4.3.2.5, 4.3.3.5, and 4.3.4.5 
of the Supplemental EIS.
    In conclusion, the available information, as documented in the 
accompanying SEIS, supports both the closure of the MDS and designation 
and remediation of the HARS.

VII. Summary

    Today's proposal would de-designate the Mud Dump Site and 
simultaneously redesignate the area of that site and surrounding 
degraded areas as the Historic Area Remediation Site. The proposed HARS 
is compatible with the general criteria and specific factors used for 
site evaluation. EPA thus is proposing the designation of the HARS as 
an EPA approved site under authorities contained in MPRSA Section 
102(c). Management of this site is delegated to the Regional 
Administrator of EPA Region 2. Today's proposal would revise 
Sec. 228.15(d)(6) to de-designate the Mud Dump Site and simultaneously 
designate the HARS.
    The proposed action would provide for remediation of the area 
containing sediments exhibiting Category II and III characteristics. 
These areas will be remediated with at least a 1 meter cap of 
Remediation Material in order to isolate the areas from the marine 
environment, thus assuring the potential effects of historical dumping 
in the HARS are reduced to acceptable levels.

VIII. Compliance With Other Acts and Orders

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.''
    Today's proposed action, which would simultaneously de-designate 
the Mud Dump Site and designate the HARS, is not a significant 
regulatory action. The de-designation of the Mud Dump Site would not 
affect the disposal of Category II material, because the Mud Dump Site 
will reach capacity for Category II materials in the next few months 
(before September 1, 1997) due to already existing technical 
limitations on the height of the mound. This would occur regardless of 
whether the Agency goes forward with today's proposed action. With 
regard to Category I material, the proposed HARS would continue to 
provide an EPA-designated site for the placement of ``uncontaminated 
dredged material (i.e., dredged material that meets current Category I 
standards and will not cause significant undesirable effects including 
through bioaccumulation)'' (July 24,1996, 3-party letter). It thus has 
been determined that this rule is not a ``significant regulatory 
action'' under the terms of the Executive Order 12866 and is therefore 
not subject to OMB review.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) provides that, whenever an 
agency proposes a rule subject to notice and comment requirements under 
5 U.S.C. 553, it must prepare an initial regulatory flexibility 
analysis unless the head of the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities (5 U.S.C. 604 and 605). Today's proposal is not likely to 
impact a substantial number of small entities. Even if small pier and 
berth owners and small marinas might be economically affected, such 
economic effects would be slight because although today's proposal 
would terminate the Mud Dump Site, it also would simultaneously 
designate an area (the HARS) for the placement of Material for 
Remediation. As provided in the July 24, 1996, 3-Party letter, such 
material is ``* * * uncontaminated dredged material (i.e., dredged 
material that meets current Category I standards and will not cause 
significant undesirable effects, including through bioaccumulation).'' 
Thus, today's

[[Page 26277]]

proposal will help assure the ``* * * long-term use of category 1 
dredge material.'' from NY/NJ Harbor and surrounding areas. With 
respect to Category II dredged material, the capacity of the Mud Dump 
Site to receive Category II material will be used up by September 1, 
1997 as a result of pre-existing constraints, even in the absence of 
today's proposal. For all of these reasons, the Regional Administrator 
certifies, pursuant to Section 605(b) of the RFA, that the rule will 
not have a significant economic impact on a substantial number of small 
entities.

C. Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to 
minimize the reporting and record keeping burden on the regulated 
community, as well as to minimize the cost of Federal information 
collection and dissemination. In general, the Act requires that 
information requests and record-keeping requirements affecting ten or 
more non-Federal respondents be approved by the Office of Management 
and Budget. Since this rule does not establish or modify any 
information or record-keeping requirements, it is not subject to the 
requirements of the Paperwork Reduction Act.

D. The Unfunded Mandates Reform Act and Executive Order 12875

    Title II of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal Mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    This rule contains no Federal mandates (under the regulatory 
provisions of the UMRA) for State, local, or tribal governments or 
sections 205 and 205 of the UMRA. As is explained elsewhere in this 
preamble, the proposed rule de-designates the Mud Dump Site, and 
designates instead an area in the ocean suitable for the placement of 
Remediation Material. Accordingly, it imposes no new enforceable duty 
on any State, local or tribal governments or the private sector. Even 
if this rule did contain a Federal mandate, it would not result in 
annual expenditures of $100 million or more for State, local or tribal 
governments in the aggregate, or the private sector. Thus, this rule is 
not subject to the requirements of sections 202 and 205 of UMRA.

    For the foregoing reasons, EPA also has determined that this rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. Thus, the requirements of section 
203 of UMRA also do not apply to this rule.

E. The Endangered Species Act

    Under Section 7(a)(2) of the Endangered Species Act, 16 U.S.C. 
1536(a)(2), federal agencies are required to ``insure that any action 
authorized, funded, or carried on by such agency * * * is not likely to 
jeopardize the continued existence of any endangered or threatened 
species or result in the destruction or adverse modification of habitat 
of such species. * * *'' Under regulations implementing the Endangered 
Species Act, a federal agency is required to consult with either the U. 
S. Fish and Wildlife Service or the National Marine Fisheries Service 
(depending on the species involved) if the agency's action ``may 
affect'' endangered or threatened species or their critical habitat. 
See, 50 CFR 402.14(a).
    EPA initiated its consultation process with the U.S. Fish and 
Wildlife Service on April 6, 1995. The consultation process was 
concluded with them on July 28, 1995, with their concurrence that EPA's 
action was not likely to adversely affect federally listed species 
under U. S. Fish and Wildlife Service jurisdiction. EPA initiated 
threatened and endangered species consultation with the National Marine 
Fisheries Service on April 4, 1996. Based on this coordination, EPA 
concluded that the preparation of a biological assessment was warranted 
for the Kemp's ridley and loggerhead sea turtles, and the humpback and 
fin whales within the Mud Dump Site and surrounding areas. The National 
Marine Fisheries Service concurred with this approach on May 8, 1996, 
and EPA sent them a Biological Assessment in May, 1997, which concluded 
that there are unlikely to be any effects on the threatened or 
endangered species or their critical habitat.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: May 6, 1997.
William J. Muszynski,
Acting Regional Administrator, EPA Region 2.

    In consideration of the foregoing, EPA is proposing to amend part 
228 of title 40 as set forth below.

PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN 
DUMPING

    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 paragraph (d)(6) to read 
as follows:


Sec. 228.15  Dumping sites designated on a final basis.

* * * * *
    (d) * * *
    (6) Historical Area Remediation Site (HARS) Designation/Mud Dump 
Site Termination.
    (i) Status of Former Mud Dump Site: The Mud Dump Site, designated 
as an Impact Category I site on May 4, 1984, is terminated.
    (ii) Location: (A) The HARS (which includes the 2.2 square nautical 
mile area of the former Mud Dump Site) is a 15.7 square nautical mile 
area located approximately 3.5 nautical miles east of Highlands, New 
Jersey and 7.7 nautical miles south of Rockaway, Long Island. The HARS 
consists of a Primary Remediation Area (PRA), a Buffer Zone, and a No 
Discharge Zone. The HARS is bounded by the following coordinates:

[[Page 26278]]



----------------------------------------------------------------------------------------------------------------
                      Point                        Latitude  DMS  Longitude  DMS   Latitude  DDM  Longitude  DDM
----------------------------------------------------------------------------------------------------------------
A...............................................  40 deg.25'39''                                                
                                                               N  73 deg.53'55''                                
                                                                               W  40 deg.25.65'N   73 deg.53.92'
                                                                                                               W
M...............................................  40 deg.25'39''                                                
                                                               N  73 deg.48'58''                                
                                                                               W  40 deg.25.65'N   73 deg.48.97'
                                                                                                               W
P...............................................  40 deg.21'19''                                                
                                                               N  73 deg.48'57''                                
                                                                               W  40 deg.21.32'N   73 deg.48.95'
                                                                                                               W
R...............................................  40 deg.21'19''                                                
                                                               N  73 deg.52'30''                                
                                                                               W  40 deg.21.32'N   73 deg.52.50'
                                                                                                               W
S...............................................  40 deg.21'52''                                                
                                                               N  73 deg.53'55''                                
                                                                               W  40 deg.21.87'N   73 deg.53.92'
                                                                                                               W
V...............................................  40 deg.21'52''                                                
                                                               N  73 deg.52'30''                                
                                                                               W  40 deg.21.87'N   73 deg.52.50'
                                                                                                               W
----------------------------------------------------------------------------------------------------------------
DMS = Degrees, Minutes, Seconds                                                                                 
DDM = Degrees, Decimal Minutes                                                                                  

    (B) The PRA, is a 9.0 square nautical mile area to be remediated 
with at least a 1 meter cap of the Material for Remediation. The PRA is 
bounded by the following coordinates:

----------------------------------------------------------------------------------------------------------------
                      Point                        Latitude  DMS  Longitude  DMS   Latitude  DDM  Longitude  DDM
----------------------------------------------------------------------------------------------------------------
B...............................................  40 deg.25'23''                                                
                                                               N  73 deg.53'34''                                
                                                                               W   40 deg.25.38'                
                                                                                               N   73 deg.53.57'
                                                                                                               W
D...............................................  40 deg.25'22''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
F...............................................  40 deg.23'13''                                                
                                                               N  73 deg.52'09''                                
                                                                               W   40 deg.23.22'                
                                                                                               N   73 deg.52.15'
                                                                                                               W
G...............................................  40 deg.23'13''                                                
                                                               N  73 deg.51'28''                                
                                                                               W   40 deg.23.22'                
                                                                                               N   73 deg.51.47'
                                                                                                               W
H...............................................  40 deg.22'41''                                                
                                                               N  73 deg.51'28''                                
                                                                               W   40 deg.22.68'                
                                                                                               N   73 deg.51.47'
                                                                                                               W
I...............................................  40 deg.22'41''                                                
                                                               N  73 deg.50'43''                                
                                                                               W   40 deg.22.68'                
                                                                                               N   73 deg.50.72'
                                                                                                               W
L...............................................  40 deg.25'22''                                                
                                                               N  73 deg.50'44''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.50.73'
                                                                                                               W
N...............................................  40 deg.25'22''                                                
                                                               N  73 deg.49'19''                                
                                                                               W   40 deg.25.37'                
                                                                                               N   73 deg.49.32'
                                                                                                               W
O...............................................  40 deg.21'35''                                                
                                                               N  73 deg.49'19''                                
                                                                               W   40 deg.21.58'                
                                                                                               N   73 deg.49.32'
                                                                                                               W
Q...............................................  40 deg.21'36''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.21.60'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
T...............................................  40 deg.22'08''                                                
                                                               N  73 deg.52'08''                                
                                                                               W   40 deg.22.13'                
                                                                                               N   73 deg.52.13'
                                                                                                               W
U...............................................  40 deg.22'08''                                                
                                                               N  73 deg.53'34''                                
                                                                               W   40 deg.22.13'                
                                                                                               N   73 deg.53.57'
                                                                                                              W 
----------------------------------------------------------------------------------------------------------------
DMS = Degrees, Minutes, Seconds                                                                                 
DDM = Degrees, Decimal Minutes                                                                                  

    (iii) Size: 15.7 square nautical miles.
    (iv) Depth: Ranges from 12 to 42 meters.
    (v) Restrictions on Use:
    (A) The site will be managed so as to reduce impacts within the PRA 
to acceptable levels in accordance with 40 CFR 228.11(c). Use of the 
site will be restricted to dredged material suitable for use as the 
Material for Remediation. This material shall be selected so as to 
ensure it will not cause significant undesirable effects including 
through bioaccumulation or unacceptable toxicity, in accordance with 40 
CFR 227.6.
    (B) Placement of Material for Remediation will be limited to the 
PRA. Placement of Material for Remediation within the PRA is not 
allowed in a 0.27 nautical mile radius around the following coordinates 
due to the presence of shipwrecks: 40 deg.25.30' W , 73 deg.52.80' N; 
40 deg.25.27' W, 73 deg.52.13' N; 40 deg.25.07' W, 73 deg.50.05' N; 
40 deg.22.46' W, 73 deg.53.27' N.
    (C) No placement of material may take place within the Buffer Zone, 
although this zone may receive material that incidentally spreads out 
of the PRA. The Buffer Zone is an approximately 5.7 square nautical 
mile area (0.27 nautical mile wide band around the PRA), which is 
bounded by the following coordinates:

----------------------------------------------------------------------------------------------------------------
                      Point                        Latitude  DMS  Longitude  DMS   Latitude  DDM  Longitude  DDM
----------------------------------------------------------------------------------------------------------------
A...............................................  40 deg.25'39''                                                
                                                               N  73 deg.53'55''                                
                                                                               W  40 deg.25.65'N  73 deg.53.92'W
B...............................................  40 deg.25'23''                                                
                                                               N  73 deg.53'34''                                
                                                                               W  40 deg.25.38'N  73 deg.53.57'W
C...............................................  40 deg.25'39''                                                
                                                               N  73 deg.51'48''                                
                                                                               W  40 deg.25.65'N  73 deg.51.80'W
D...............................................  40 deg.25'22''                                                
                                                               N  73 deg.52'08''                                
                                                                               W  40 deg.25.37'N  73 deg.52.13'W
E...............................................  40 deg.23'48''                                                
                                                               N  73 deg.51'48''                                
                                                                               W  40 deg.23.80'N  73 deg.51.80'W
F...............................................  40 deg.23'13''                                                
                                                               N  73 deg.52'09''                                
                                                                               W  40 deg.23.22'N  73 deg.52.15'W
G...............................................  40 deg.23'13''                                                
                                                               N  73 deg.51'28''                                
                                                                               W  40 deg.23.22'N  73 deg.51.47'W
H...............................................  40 deg.22'41''                                                
                                                               N  73 deg.51'28''                                
                                                                               W  40 deg.22.68'N  73 deg.51.47'W
I...............................................  40 deg.22'41''                                                
                                                               N  73 deg.50'43''                                
                                                                               W  40 deg.22.68'N  73 deg.50.72'W
J...............................................  40 deg.23'48''                                                
                                                               N  73 deg.51'06''                                
                                                                               W  40 deg.23.80'N  73 deg.51.10'W
K...............................................  40 deg.25'39''                                                
                                                               N  73 deg.51'06''                                
                                                                               W  40 deg.25.65'N  73 deg.51.10'W
L...............................................  40 deg.25'22''                                                
                                                               N  73 deg.50'44''                                
                                                                               W  40 deg.25.37'N  73 deg.50.73'W
M...............................................  40 deg.25'39''                                                
                                                               N  73 deg.48'58''                                
                                                                               W  40 deg.25.65'N  73 deg.48.97'W
N...............................................  40 deg.25'22''                                                
                                                               N  73 deg.49'19''                                
                                                                               W  40 deg.25.37'N  73 deg.49.32'W
O...............................................  40 deg.21'35''                                                
                                                               N  73 deg.49'19''                                
                                                                               W  40 deg.21.58'N  73 deg.49.32'W
P...............................................  40 deg.21'19''                                                
                                                               N  73 deg.48'57''                                
                                                                               W  40 deg.21.32'N  73 deg.48.95'W
Q...............................................  40 deg.21'36''                                                
                                                               N  73 deg.52'08''                                
                                                                               W  40 deg.21.60'N  73 deg.52.13'W
R...............................................  40 deg.21'19''                                                
                                                               N  73 deg.52'30''                                
                                                                               W  40 deg.21.32'N  73 deg.52.50'W
S...............................................  40 deg.21'52'#                                                
                                                               N  73 deg.53'55''                                
                                                                               W  40 deg.21.87'N  73 deg.53.92'W
T...............................................  40 deg.22'08''                                                
                                                               N  73 deg.52'08''                                
                                                                               W  40 deg.22.13'N  73 deg.52.13'W
U...............................................  40 deg.22'08''                                                
                                                               N  73 deg.53'34''                                
                                                                               W  40 deg.22.13'N  73 deg.53.57'W
V...............................................  40 deg.21'52''                                                
                                                               N  73 deg.52'30''                                
                                                                               W  40 deg.21.87'N  73 deg.52.50'W
                                                                                                                
----------------------------------------------------------------------------------------------------------------
DMS = Degrees, Minutes, Seconds                                                                                 
DDM = Degrees, Decimal Minutes                                                                                  


[[Page 26279]]

    (D) No placement or incidental spread of the material is allowed 
within the No Discharge Zone, an approximately 1.0 square nautical mile 
area, bounded by the following coordinates:

----------------------------------------------------------------------------------------------------------------
                      Point                        Latitude  DMS  Longitude  DMS   Latitude  DDM  Longitude  DDM
----------------------------------------------------------------------------------------------------------------
C...............................................  40 deg.25'39''                                                
                                                               N  73 deg.51'48''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.51.80'
                                                                                                               W
E...............................................  40 deg.23'48''                                                
                                                               N  73 deg.51'48''                                
                                                                               W   40 deg.23.80'                
                                                                                               N   73 deg.51.80'
                                                                                                               W
J...............................................  40 deg.23'48''                                                
                                                               N  73 deg.51'06''                                
                                                                               W   40 deg.23.80'                
                                                                                               N   73 deg.51.10'
                                                                                                               W
K...............................................  40 deg.25'39''                                                
                                                               N  73 deg.51'06''                                
                                                                               W   40 deg.25.65'                
                                                                                               N   73 deg.51.10'
                                                                                                               W
----------------------------------------------------------------------------------------------------------------
DMS = Degrees, Minutes, Seconds                                                                                 
DDM = Degrees, Decimal Minutes                                                                                  

    (vi) Period of Use: Continuing use until EPA determines that the 
PRA has been sufficiently capped with at least 1 meter of the Material 
for Remediation. At that time, EPA will undertake any necessary 
rulemaking to de-designate the HARS.
* * * * *
[FR Doc. 97-12480 Filed 5-8-97; 3:15 pm]
BILLING CODE 6560-50-P