[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Proposed Rules]
[Pages 51628-51629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25411]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-7077-1]


Ocean Dumping; Proposed Site Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA today proposes to modify the designation of an Ocean 
Dredged Material Disposal Site (ODMDS) in the Atlantic Ocean offshore 
Charleston, South Carolina. The proposed modification is to modify the 
restriction on use and shorten the site's name. This proposed action is 
necessary to allow for disposal activities to continue as previously 
planned by the site's Task Force for management and monitoring.

DATES: Comments must be received on or before November 26, 2001.

ADDRESSES: Send comments to: Wesley B. Crum, Chief, Coastal Section, 
Water Management Division, U.S. Environmental Protection Agency, Region 
4, 61 Forsyth Street, Atlanta, Georgia 30303.

FOR FURTHER INFORMATION CONTACT: Gary W. Collins, 404/562-9395.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 102(c) of the Marine Protection, Research, and Sanctuaries 
Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the 
Administrator of EPA the authority to designate sites where ocean 
disposal may be permitted. On December 23, 1986, the Administrator 
delegated the authority to the Regional Administrator of the Region in 
which sites are located. The EPA Ocean Dumping Regulations promulgated 
under MPRSA (40 CFR chapter I, subchapter H, Sec. 228.11) state that 
use of disposal sites may be modified.
    Two ODMDS's were ultimately designated for Charleston in 1987. One 
was a 12-square mile site for deepening material. The second site was 
3-square miles and was placed within the 12-square mile site. During 
the 1980's, additional benthic and sedimentological studies were 
conducted by South Carolina Department of Natural Resources (SCDNR). In 
1987, live bottoms were identified in the western portion of the 12-
square mile site. Concerns regarding impacts to the living resources at 
the ODMDS encouraged EPA to place a restriction on the use of the 12-
square mile site. The Final Rule regarding this restriction was 
published in the Federal Register March 5, 1991 stating, ``Disposal 
shall be limited to dredged material from the Charleston Harbor area. 
All dredged material, except entrance channel material, shall be 
limited to that part of the site east of the line between coordinates 
32 deg.39'04" N, 79 deg.44'25" W and 32 deg.37'24" N, 79 deg.45'30" W 
unless the materials can be shown by sufficient testing to contain 10% 
or less of fine material (grain size of less than 0.074mm) by weight 
and shown to be suitable for ocean disposal.'' This bisecting line was 
an immediate effort by EPA to protect live bottom resources initially 
reported by fishermen. The line was set with limited knowledge of the 
exact location and extent of those resources, and was set in a location 
that was believed to be as protective as possible at that time.
    During this same time frame, an interagency group (EPA, DNR, COE 
and State Ports Authority) began working together to develop a 
monitoring and management plan (MMP) for the ODMDS. As part of this MMP 
process, construction of an L-shaped berm was developed approximately 
midway within the ODMDS. The COE began construction of the L-shaped 
berm using consolidated material from the last (42-foot) deepening 
project. The berm was evident on 1993 bathymetry. Also, as part of the 
MMP, the interagency group began looking for an area within the ODMDS 
for disposal of dredged material which would have the least impacts on 
the live bottom resources located in the western region of the site. A 
4-square mile area (disposal box) was identified within the eastern 
half of the 12-square mile designated ODMDS and placed in position with 
the L-shaped berm as part of the western boundary. This location was 
approved by all the agencies involved, and placed where it would impact 
minimal reef habitat. At that time, the bisecting line should have been 
moved, but due to an oversight, it was not.
    In 1995, EPA de-designated the smaller 3-square mile site and 
modified the larger site to allow for continued disposal of all 
material, not just deepening material. However, the COE agreed not to 
place any material outside of the 4-square mile disposal box. During 
the 1999-2000 (deepening project) dredging, a number of unauthorized 
dumps occurred to the west of the 4-square mile site. To date, studies 
indicate that some fine-grained material is present to the west of the 
4-square mile site. It is unknown at this time whether the disposal 
material is moving from the ODMDS over the berms, from the berms, is 
part of the unauthorized dumps that occurred in 1999 and 2000, whether 
it is from the dispersion of the material during disposal activities at 
the site, or whether it is some combination of these four 
possibilities. Subsequent investigation and studies conducted by SCDNR 
to date have not identified adverse impacts at index reef sites being 
monitored. Other samples of the sand bottom benthic communities in 
areas that now have muddy sediments are still being processed.

[[Page 51629]]

B. EIS Determination

    EPA has voluntarily committed to prepare Environmental Impact 
Statements (EIS) in connection with the designation of ocean disposal 
sites (39 FR 16186 (May 7, 1974)). The need for an EIS in the case of 
modifications is addressed in 39 FR 37420 (October 21, 1974), section 
1(a)(4). If the change is judged sufficiently substantial by the 
responsible official, an EIS is needed.
    The continued use of the Charleston ODMDS is vital to the 
management goals of the Plan. EPA believes these changes do not warrant 
the preparation of an Environmental Impact Statement (EIS).
    EPA's primary concern is to provide an environmentally acceptable 
ocean disposal site for Charleston Harbor area dredging projects on a 
continued basis.

C. Proposed Site Modification

    The proposed site modification for the Charleston Harbor Deepening 
Project ODMDS is the removal of the line that restricts disposal of 
fine-grained material and the addition of four corner coordinates (4 
square-mile disposal box) that will define where all dredged material 
must be placed within the ODMDS. In addition, the site's official name 
is being shortened to the Charleston ODMDS.

D. Regulatory Assessments

    Under the Regulatory Flexibility Act, EPA is required to perform a 
Regulatory Flexibility Analysis for all rules that may have a 
significant impact on a substantial number of small entities. EPA has 
determined that this proposed action will not have a significant impact 
on small entities since the modification will only have the effect of 
providing an environmentally acceptable disposal option for dredged 
material on a continued basis. Consequently, this Rule does not 
necessitate preparation of a Regulatory Flexibility Analysis.
    Under Executive Order 12291, EPA must judge whether a regulation is 
``major'' and therefore subject to the requirement of a Regulatory 
Impact Analysis. This proposed action will not result in an annual 
effect on the economy of $100 million or more or cause any of the other 
effects which would result in its being classified by the Executive 
Order as a ``major'' rule. Consequently, this Rule does not necessitate 
preparation of a Regulatory Impact Analysis.
    This Proposed Rule does not contain any information collection 
requirements subject to Office of Management and Budget review under 
the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 228

    Water pollution control.

    Dated: September 12, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    In consideration of the foregoing, subchapter H of chapter I of 
Title 40 is proposed to be amended as set forth below.

PART 228--[AMENDED]

    1. The authority citation for Part 228 continues to read as 
follows:

    Authority: 33 U.S.C. 1412 and 1418.

    2. Section 228.15(h)(5), the Period of Use and the Restriction on 
use of the Charleston Harbor Deepening Project, is proposed to be 
amended to read as follows:


Sec. 228.15  Dumping sites designated on a final basis.

* * * * *
    (h) * * *
    (5) Charleston, SC, Ocean Dredged Material Disposal Site.
* * * * *
    (v) Period of Use: Continued use.
    (vi) Restriction: Disposal shall be limited to dredged material 
from the Charleston Harbor area. All dredged materials must be placed 
within the box defined by the following four corner coordinates 
(NAD83): 32.65663 deg. N, 79.75716 deg. W; 32.64257 deg. N, 
79.72733 deg. W; 32.61733 deg. N, 79.74381 deg. W; and 32.63142 deg. N, 
79.77367 deg. W. Additionally, all disposals shall be in accordance 
with all provisions of disposal placement as specified by the Site 
Management Plan, which is periodically updated.
* * * * *

[FR Doc. 01-25411 Filed 10-9-01; 8:45 am]
BILLING CODE 6560-50-P