[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Proposed Rules]
[Pages 22073-22076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09008]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R06-OW-2014-0234; FRL-9909-67-Region-6]


Ocean Dumping: Proposed Cancellation and Modification of Final 
Site Designations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to cancel 
the final designation of two Ocean Dredged Material Disposal Sites 
(ODMDSs) located in the Gulf of Mexico near the Houma Navigational 
Canal (HNC) and near the Mississippi River Gulf Outlet (MRGO) Canal, 
Louisiana. Both sites are EPA-approved ocean dumping sites for the 
disposal of suitable dredged material. This proposed action is being 
taken because there is no clear future need for the sites. 
Additionally, EPA proposes to modify the period of use, use 
restriction, and name of the Homeport Project ODMDS located in the Gulf 
of Mexico offshore of Port Aransas, Texas.

DATES: Comments on this proposed rule must be received on or before 
June 5, 2014.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OW-
2014-0234, by one of the following methods: Federal e-Rulemaking 
Portal: http://www.regulations.gov; follow the online instruction for 
submitting comments.
     Email: Dr. Jessica Franks at [email protected].
     Fax: Dr. Jessica Franks, Marine and Coastal Section (6WQ-
EC) at fax number 214-665-6689.
     Mail: Dr. Jessica Franks, Marine and Coastal Section (6WQ-
EC), Environmental Protection Agency, Mailcode: (6WQ-EC), 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OW-2014-
0234. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Marine and Coastal 
Section (6WQ-EC), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. The file will be made available 
by appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below. If possible, please make the appointment at 
least two working days in advance of your visit. There will be a 15 
cent per page fee for making photocopies of documents. On the day of 
the visit, please check in at the EPA Region 6 reception area at 1445 
Ross Avenue, Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Jessica Franks, Ph.D., Marine and 
Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 
665-8335, fax number (214) 665-6689; email address 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Potentially Affected Persons
II. Background
III. Proposed Action
IV. Administrative Review
    1. Executive Order 12886
    2. Paperwork Reduction Act
    3. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996
    4. Unfunded Mandates Reform Act
    5. Executive Order 13132: Federalism
    6. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    7. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    8. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use Compliance With Administrative 
Procedure Act
    9. National Technology Transfer Advancement Act
    10. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low Income 
Populations

 I. Potentially Affected Persons

    Persons potentially affected by this action include those who seek 
or might seek permits or approval by EPA to dispose of dredged material 
into ocean waters pursuant to the Marine Protection Research and 
Sanctuaries Act, 33 U.S.C. 1401 et seq. EPA's action would be relevant 
to persons, including organizations and government bodies seeking to 
dispose of dredged material in ocean waters offshore of Terrebonne, 
Louisiana, the Mississippi River Gulf Outlet (MRGO) Canal, Louisiana, 
and Corpus Christi, Texas. Currently, the U.S. Army Corps of Engineers 
(Corps) and other persons with permits to use designated sites offshore 
Terrebonne, Louisiana, the Mississippi River Gulf Outlet (MRGO) Canal, 
Louisiana, and Corpus Christi, Texas would be most impacted by this 
final action. Potentially affected categories and persons include:

------------------------------------------------------------------------
                                      Examples of potentially regulated
             Category                              persons
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Federal government................  USACE Civil Works and O & M
                                     projects; other Federal agencies,
                                     including the Department of
                                     Defense.
Industry and general public.......  Port authorities, marinas and
                                     harbors, shipyards and marine
                                     repair facilities, berth owners.

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State, local and tribal             Governments owning and/or
 governments.                        responsible for ports, harbors, and/
                                     or berths, Government agencies
                                     requiring disposal of dredged
                                     material associated with public
                                     works projects.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding persons likely to be affected by this 
action. For any questions regarding the applicability of this action to 
a particular entity, please refer to the contact person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

II. Background

    Section 102(c) of the Marine Protection, Research, and Sanctuaries 
Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the 
Administrator of EPA the authority to designate sites where ocean 
disposal may be permitted. On October 1, 1986, the Administrator 
delegated the authority to designate ocean disposal sites to the 
Regional Administrator of the Region in which the sites are located. 
These proposed cancellations and modification are being made pursuant 
to that authority.
    The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR 
chapter I, subchapter H, Sec.  228.11) state that modifications in 
disposal site use which involve withdrawal of disposal sites from use 
or permanent changes in the total specified quantities or types of 
wastes permitted to be discharged to a specific disposal site will be 
made by promulgation in this part 228. These site cancellations and 
modification of types of wastes permitted to be discharged to a 
specific disposal site are being published as proposed rulemaking in 
accordance with Sec.  228.11(a) of the Ocean Dumping Regulations, which 
permits the withdrawal of designated disposal sites from use or changes 
in the total specified quantities or types of wastes permitted to be 
discharged to a specific disposal site based upon changed circumstances 
concerning use of the site.

III. Proposed Action

    The proposed cancellation of the designations of these sites is 
needed as a housekeeping measure. In essence, these ODMDSs either are 
no longer a suitable disposal option or have no foreseeable need. The 
Houma ODMDS is now partially occupied by the Houma Navigational Canal. 
The U.S. Corps of Engineers has re-aligned the Cat Island Pass portion 
of the HNC several times since the construction of this federal 
navigation channel in order to retain a channel segment that requires 
little maintenance dredging due to the natural hydrodynamics in the 
vicinity. This particular portion of the HNC Cat Island Pass channel is 
characterized by an area of deeper water (erosional zone) that is 
moving westwards. Once this deeper water erosional zone has moved far 
enough west from the Corps's channel alignment that area of the channel 
begins to shoal (becomes a depositional zone). To avoid increased 
maintenance dredging costs, the Corps re-aligns this portion of the 
channel westwards to ``keep up'' with the deeper water zone as it 
continues to migrate westwards. The Houma ODMDS is located on the west 
side of this channel, and the deeper water zone has migrated into the 
ODMDS boundaries. The Houma ODMDS has not been used for more than 
twenty (20) years. Instead, dredged material from the HNC has been used 
beneficially under Section 404 of the Clean Water Act on the two (2) 
single point discharge (SPD) sites located within the ODMDS. It is the 
Corps' intention to continue this practice. As such, this type of 
placement is excluded by definition from regulation by MPRSA. De-
designation of the Houma ODMDS will allow the Corps to expand the 
beneficial use of dredged material for the creation of durable islands 
for seasonal bird nesting areas regulated under Section 404 of the 
Clean Water Act.
    The Mississippi River-Gulf Outlet (MRGO) ODMDS is no longer needed. 
On June 5, 2008 the Assistant Secretary of the Army for Civil Works 
forwarded the Final MRGO Deep-Draft De-authorization Report to Congress 
officially de-authorizing the MRGO from the Gulf Intercoastal Water Way 
(GIWW) to the Gulf of Mexico as a federal navigation project. The 
report also authorized the construction of a rock closure structure 
across MRGO which was completed in late July 2009.
    The proposed modification of the period of use and use restriction 
on the Homeport Project ODMDS is needed to change the use of the site 
to include suitable dredged material from the greater Corpus Christi, 
Texas vicinity over an indefinite period of time. The Homeport Project 
ODMDS was designated to provide a disposal area for placement of 
suitable construction dredge material from the U.S. Navy's Homeport 
Project at Corpus Christi/Ingleside, Texas. The Homeport Project never 
materialized and therefore, the ODMDS was never used. Use of the ODMDS 
was limited to suitable dredged material from the Homeport Project over 
a 50 year period. There is a need for placement of construction dredged 
material from the Corpus Christi Channel Channel Improvement Project 
(CIP) as described in the Final Environmental Impact Statement (FEIS) 
for the Corpus Christi Ship Channel Channel Improvements Project Corpus 
Christi and Nueces Bays, Nueces and San Patricio Counties, Texas 
published in April 2003. Based on the FEIS, suitable dredged material 
will be placed beneficially in the location of the Homeport Project 
ODMDS under Section 404 of the Clean Water Act (CWA). CWA Section 404 
has jurisdiction in the Territorial Sea or coastal waters from the 
baseline to three (3) nautical miles seaward. Because the Homeport 
Project ODMDS is located beyond the boundary of the Territorial Sea and 
in the open ocean, the CWA Section 404 does not have jurisdiction. As a 
result there is a need to change the use restriction placed on the 
Homeport Project ODMDS to include suitable dredged material from the 
greater Corpus Christi, Texas vicinity. Since dredged material 
placement at this ODMDS is expected to be an on-going process over many 
years, the period of use is being changed to continuing use. EPA also 
proposes to change the name of the Homeport Project ODMDS to Corpus 
Christi New Work ODMDS. The current name is no longer applicable since 
it was the name of the project at the time the ODMDS was designated.

IV. Administrative Review

1. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) EPA must 
determine whether the regulatory action is ``significant,'' and 
therefore subject to Office of Management and Budget (OMB) review and 
other requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to lead to a 
rule that may:
    (a) 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;

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    (b) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (c) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof: or
    (d) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This Proposed Rule should have minimal impact on State, local, or 
Tribal governments or communities. Consequently, EPA has determined 
that this Proposed Rule is not a ``significant regulatory action'' 
under the terms of Executive Order 12866.

2. Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to 
minimize the reporting and recordkeeping 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 recordkeeping requirements affecting ten or 
more non-Federal respondents be approved by OMB. Since the Proposed 
Rule would not establish or modify any information or recordkeeping 
requirements, but only clarifies existing requirements, it is not 
subject to the provisions of the Paperwork Reduction Act.

3. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    This proposed rule will not impose any requirements on small 
entities. The modification of the Homeport Project ODMDS broadens the 
use of the site providing an additional option for dredged material 
placement in the Corpus Christi, Texas vicinity. The removal of the 
Houma ODMDS will allow for the beneficial use of dredged material under 
CWA Section 404 for the creation of bird islands. The closing of the 
Mississippi River Gulf Outlet Navigation Channel was mandated by 
Congress and therefore the associated ODMDS is no longer needed. For 
these reasons, the Regional Administrator certifies, pursuant to 
section 605(b) of the RFA, that the Proposed Rule will not have a 
significant economic impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

    This Proposed Rule contains no Federal mandates under the 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) of 1995 (Pub. L. 104-4) for State, local, or tribal governments 
or the private sector that may result in estimated costs of $100 
million or more in any year. It imposes no new enforceable duty on any 
State, local or tribal governments or the private sector nor does it 
contain any regulatory requirements that might significantly or 
uniquely affect small government entities. Thus, the requirements of 
section 203 of the UMRA do not apply to this Proposed Rule.

5. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This Proposed Rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by Tribal officials in the development of regulatory 
policies that have Tribal implications.'' This Final Rule does not have 
Tribal implications, as defined in Executive Order 13175.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This Executive Order (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA. This Proposed Rule is not 
subject to the Executive Order because it is not economically 
significant as defined in Executive Order 12866, and because EPA does 
not have reason to believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use Compliance With Administrative Procedure 
Act

    This Proposed Rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it 
is not a significant regulatory action under Executive Order 12866.

9. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. This Proposed Rule does not involve technical 
standards. Therefore, EPA is not considering the use of any voluntary 
consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629) directs Federal agencies to 
determine whether the Proposed Rule would have a disproportionate 
adverse impact on minority or low-income population groups within the 
project area. The Proposed Rule would not significantly affect any low-
income or minority population.

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List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: April 2, 2014.
Samuel Coleman,
Deputy Regional Administrator, Region 6.

    In consideration of the foregoing, EPA is proposing to amend part 
228, chapter I of title 40 of the Code of Federal Regulations as 
follows:

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

0
1. The authority citation for part 228 continues to read as follows:

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

0
2. Section 228.15 is amended as follows:
0
a. By removing and reserving paragraphs (j)(1) and (4); and
0
b. By revising paragraphs (j)(16) introductory text and (j)(16)(v) and 
(vi) to read as follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (j) * * *
    (16) Corpus Christi New Work ODMDS, Corpus Christi, Texas.
* * * * *
    (v) Period of Use: Continuing use.
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Corpus Christi, Texas vicinity. Disposal 
shall comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
* * * * *
[FR Doc. 2014-09008 Filed 4-18-14; 8:45 am]
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