[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Notices]
[Pages 18244-18245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8561]


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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-6962-5]


Designation of Dredged Material Disposal Sites in Rhode Island 
Sound and Adjacent Waters, Rhode Island and Massachusetts. Intent To 
Prepare an Environmental Impact Statement

AGENCIES: U.S. Environmental Protection Agency (EPA)--Region I, New 
England in cooperation with the U.S. Army Corps of Engineers (Corps), 
New England District.

ACTION: Notice of Intent to prepare an Environmental Impact Statement 
(EIS) to consider the potential designation of one or more long term 
dredged material disposal sites in the region of Rhode Island Sound 
under section 102(c) of the Marine Protection, Research and Sanctuaries 
Act. The EIS will provide an evaluation of the proposed disposal sites 
in Rhode Island Sound, known as Site 69B, 69A, Site 18, as well as 
additional alternatives including other possible open water disposal 
sites in this and adjacent waters, other types of dredged material 
disposal and management, and the no action alternative.

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PURPOSE: In accordance with EPA's Notice of Policy and Procedures for 
Voluntary Preparation of National Environmental Policy Act documents 
(FR 63(209): 38045-38047), EPA issues this Notice of Intent to prepare 
an EIS for the evaluation of Designation of Long Term Dredged Material 
Disposal Sites in the Rhode Island Sound region, offshore of Rhode 
Island and Massachusetts.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Rosenberg, Public Affairs 
Office, U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 
01742-2751, (978) 318-8657 email: [email protected] or 
Ms. Ann Rodney, U.S. EPA--New England Region, One Congress Street, 
Suite 1100, CWQ Boston, MA 02114-2023, (617) 918-1538, 
[email protected]. Please contact Ann Rodney should you have special 
needs (sign language interpreters, access needs) at the above address 
or our TDY# (617) 918-1189.

SUMMARY: There are many harbors, channels and navigation dependant 
facilities in Rhode Island and southeastern Massachusetts that must 
undergo periodic maintenance dredging to ensure safe navigation. Some 
harbors occasionally must be deepened beyond historical depths to meet 
changing economic and safety needs. Many of these necessary public and 
private dredging projects have not been accomplished due to the 
unavailability of disposal sites for dredged material. In other cases, 
sites on land have been used and the agency or permit applicant had no 
alternative but to transport the dredged material outside of the 
project area, which can often increase the cost of the project 
substantially. Prior studies directed at resolving the dredged material 
disposal management problem in this area were limited in scope, 
addressing only the immediate disposal needs of a project pending at 
the time. EPA issued a Notice of Intent on a similar action in July 
1984. Although that study identified the need for a dredged material 
site in the Rhode Island/southeast Massachusetts area, local opposition 
at the time halted the project early in its planning stage.
    Historically, only one site in Rhode Island Sound has been 
extensively used. Dredged material was disposed at a site near Brenton 
Reef pursuant to an EIS released by the Corps in 1971 for the 
Providence River Dredging project. Another site in the Sound near 
Brown's Ledge was proposed and evaluated for the Fall River Improvement 
Dredging project in 1980, but never used. In 1998, the Corps issued a 
Draft EIS for the Providence River Maintenance Dredging project that 
evaluated three sites in Rhode Island Sound: Site 69A, 69 B and Site 
18. A final EIS is due in June 2001. If the Providence EIS results in 
the selection of an ocean site by the Corps, the site may be used only 
for a 5-10 year period after the site has been selected for the 
Providence River Maintenance Dredging Project. Designation of a site 
for long term use must be performed under a separate designation 
process administered by EPA. The State of Rhode Island is currently in 
the process of identifying potential sites in Narragansett Bay for use 
by private marinas in the Bay area. Even if the state effort is 
successful, it is anticipated that there is need for a larger regional 
disposal site for bigger projects. Over the last two decades, a number 
of studies have confirmed the need for a regional site including two 
needs studies performed for each state in the late 1980's and a Rhode 
Island Governor directed task force (1993) and Rhode Island commission 
(1996). In response to recent requests of Governor Almond and Senator 
Reed, EPA and the Corps will consider designation of a long term 
disposal site in Rhode Island Sound and adjacent waters under section 
102(c) of the MPRSA in a forthcoming EIS. The EIS will evaluate other 
possible alternatives including other open water disposal sites, other

[[Page 18245]]

disposal and management options, and the no action alternative. It must 
be emphasized here that designation of a site does not by itself 
authorize or result in disposal of any particular material. It only 
serves to make the designated site a disposal option available for 
consideration in the alternatives analysis for each individual dredging 
project in the area. Each future project must assess whether it meets 
the ocean disposal criteria for discharge at such a site and 
demonstrate the need for ocean disposal.
    The EPA and the Corps will enter an agreement to undertake 
evaluation of one or more long term dredged material disposal sites in 
Rhode Island Sound and adjacent waters under Section 102(c) of the 
MPRSA. The EPA has the responsibility of designating sites under 
Section 102(c) of the Act and 40 CFR 228.4 of its regulation. Because 
of its experience with the Providence project, the Corps, which has 
been funded for this effort, will administer the technical studies and 
public participation process of the EIS with EPA oversight.
    An EIS will evaluate a range of potential sites in Rhode Island 
Sound and adjacent waters, and the disposal and management of dredged 
material, including the no action alternative. The EIS will support the 
EPA's final decision on whether one or more dredged material disposal 
sites will be designated under the MPRSA. The EIS will include analysis 
applying the five general and 11 specific site selection criteria for 
designating ocean disposal sites presented in 40 CFR Parts 228.5 and 
228.6, respectively. The Draft and forthcoming Final EIS for the 
Providence River Dredging Project will serve as a starting point for 
further evaluation of sites in the EPA EIS. EPA will incorporate by 
reference to the extent possible all data and analyses developed by the 
Corps in the Providence River EIS, as well as supplement this with 
further studies.
    Need for EIS: On October 29, 1998, (63 FR 38045-38047) the EPA 
published repeal of its May 7, 1994 Policy for Voluntary Preparation of 
Environmental Impact Statements (39 FR 16186-16187) and notice of a new 
policy and procedures. The new policy states that EPA will prepare an 
Environmental Assessment or, if appropriate, an Environmental Impact 
Statement in connection with Agency decisions where the Agency 
determines that such an analysis would be beneficial. Among the 
criteria that may be considered in making such a determination are: (a) 
The potential for improved coordination with other federal agencies 
taking related actions; (b) the potential for using an EA or EIS to 
comprehensively address large-scale ecological impacts, particularly 
cumulative effects; (c) the potential for using an EA or an EIS to 
facilitate analysis of environmental justice issues; (d) the potential 
for using an EA or EIS to expand public involvement and to address 
controversial issues; and (e) the potential of using an EA or EIS to 
address impacts on special resources or public health. Having 
considered these criteria EPA has determined that an EIS for 
designation of dredged material disposal sites in Rhode Island Sound 
and adjacent waters would be beneficial.
    Alternatives: In evaluating the alternatives, the EIS will identify 
and evaluate locations within the Rhode Island Sound study area that 
are best suited to receive dredged material suitable for open water 
marine disposal. At a minimum, the EIS will consider various 
alternatives including:
     No-action (i.e., no designation of any sites);
     Designation of one or more ocean sites;
     Designation of alternative open water sites identified 
within the study area that may offer environmental advantages to the 
existing sites; and
     Identification of other disposal and/or management 
options, either in or out of the water, including the potential for 
beneficial use opportunities for dredged material.
    Scoping: Full public participation by interested federal, state, 
and local agencies as well as other interested organizations and the 
general public is invited. All interested parties are encouraged to 
submit their names and addresses to one of the addresses below, to be 
placed on the mailing list for reviewing any fact sheets, newsletters 
and related public notices. The Environmental Protection Agency--New 
England Region and the Corps of Engineers, New England District, will 
hold two public scoping meetings in May of 2001. The Massachusetts 
meeting will be held on May 17, 2001 at White's of Westport, 66 State 
Road, Westport, MA. The Rhode Island meeting will be on May 22, 2001 at 
the Lighthouse Inn, 307 Great Island Rd, Galillee, Narragansett, RI. 
Both meetings will begin at 7 p.m. with registration starting at 6 p.m. 
Details of the history of the project and the alternatives to be 
considered will be presented. The public is invited to attend and 
identify issues that should be addressed in the EIS.

Estimated Date of the Draft EIS Release

Summer 2003

    Responsible Official: Ira Leighton, Acting Regional Administrator 
EPA--New England.

    Dated: April 3, 2001.
Anne Norton Miller,
Acting Director, Office of Federal Activities.
[FR Doc. 01-8561 Filed 4-5-01; 8:45 am]
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