[Federal Register Volume 80, Number 47 (Wednesday, March 11, 2015)]
[Proposed Rules]
[Pages 12785-12794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05232]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R04-OW-2014-0372; FRL-9921-73-Region 4]


Ocean Dumping: Expansion of an Ocean Dredged Material Disposal 
Site Offshore of Jacksonville, Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve an expansion of the ocean dredged material disposal site 
(ODMDS) site offshore of Jacksonville, Florida pursuant to the Marine 
Protection, Research and Sanctuaries Act, as amended (MPRSA). The 
primary purpose for the site expansion is to serve the long-term need 
for a location to dispose of material dredged from the St. Johns River 
navigation channel, and to provide a location for the disposal of 
dredged material for persons who have received a permit for such 
disposal. The expanded site will be subject to ongoing monitoring and 
management to ensure continued protection of the marine environment.

DATES: Written comments must be received on or before April 10, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OW-2014-0372, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments and accessing the docket and materials related to 
this proposed rule.
     Email: [email protected].
     Mail: Christopher McArthur, U.S. Environmental Protection 
Agency, Region 4, Water Protection Division, Marine Regulatory and 
Wetlands Enforcement Section, 61 Forsyth Street, Atlanta, Georgia 
30303.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OW-
2014-0372. The 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 through 
www.regulations.gov or email, information that you consider to be CBI 
or otherwise protected. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the 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 the 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, the 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 the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
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. For additional information about the 
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: Publicly available docket materials are available either 
electronically at www.regulations.gov or in hard copy during normal 
business hours from the regional library at the U.S. Environmental 
Protection Agency, Region 4 Library, 9th Floor, 61 Forsyth Street, 
Atlanta, Georgia 30303. For access to the documents at the Region 4 
Library, contact the Region 4 Library Reference Desk at (404) 562-8190, 
between the hours of 9:00 a.m. to 12:00 p.m., and between the hours of 
1:00 p.m. to 4:00 p.m., Monday through Friday, excluding Federal 
holidays, for an appointment.

FOR FURTHER INFORMATION CONTACT: Christopher McArthur, U.S. 
Environmental Protection Agency, Region 4, Water Protection Division, 
Marine Regulatory and Wetlands Enforcement Section, 61 Forsyth Street, 
Atlanta, Georgia 30303; phone number (404) 562-9391; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 12786]]

I. Potentially Affected Persons

    Persons potentially affected by this action include those who seek 
or might seek permits or approval to dispose of dredged material into 
ocean waters pursuant to the Marine Protection, Research, and 
Sanctuaries Act, as amended (MPRSA), 33 U.S.C. 1401 to 1445. The EPA's 
proposed action would be relevant to persons, including organizations 
and government bodies seeking to dispose of dredged material in ocean 
waters offshore of Jacksonville, Florida. Currently, the U.S. Army 
Corps of Engineers (USACE) would be most affected by this action. 
Potentially affected categories and persons include:

------------------------------------------------------------------------
                                             Examples of potentially
                Category                        regulated persons
------------------------------------------------------------------------
Federal government.....................  U.S. Army Corps of Engineers
                                          Civil Works projects, U.S.
                                          Navy and other Federal
                                          agencies.
Industry and general public............  Port authorities, marinas and
                                          harbors, shipyards and marine
                                          repair facilities, berth
                                          owners.
State, local and tribal governments....  Governments owning and/or
                                          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 person, please refer to the contact person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

II. Background

a. History of Disposal Sites Offshore of Jacksonville, Florida

    The existing Jacksonville ODMDS is located approximately 5 nautical 
miles (nmi) southeast of the mouth of the St. Johns River on the 
continental shelf off the east coast of Florida. It is currently 1 nmi 
by 1 nmi (1 nmi\2\) in size. Since 1952, the area now designated as the 
Jacksonville ODMDS and vicinity has been used for disposal of dredged 
material (e.g., sand, silt, clay, rock) primarily from the Jacksonville 
Harbor Navigation Project, Naval Station Mayport entrance channel, and 
Naval Station Mayport turning basin. The Jacksonville ODMDS received 
interim site designation status in 1977 and final designation in 1983.
    The USACE Jacksonville District and the EPA Region 4 have 
identified a need to either designate a new ODMDS or expand the 
existing Jacksonville ODMDS. The need for expanding current ocean 
disposal capacity is based on observed mounding at the Jacksonville 
ODMDS, future capacity modeling, historical dredging volumes, estimates 
of dredging volumes for future proposed projects, and limited capacity 
of upland confined disposal facilities (CDFs) in the area. This section 
discusses in detail the current and future capacity issues at the 
existing Jacksonville ODMDS and CDFs.
    The proposed expansion of the ODMDS for dredged material does not 
mean that the USACE or the EPA has approved the use of the ODMDS for 
open water disposal of dredged material from any specific project. 
Before any person can dispose dredged material at the ODMDS, the EPA 
and the USACE must evaluate the project according to the ocean dumping 
regulatory criteria (40 CFR, part 227) and authorize the disposal. The 
EPA independently evaluates proposed dumping and has the right to 
restrict and/or disapprove of the actual disposal of dredged material 
if the EPA determines that environmental requirements under the MPRSA 
have not been met.

b. Location and Configuration of Expanded Ocean Dredged Material 
Disposal Site

    This action proposes the expansion of the ocean dredged material 
site offshore of Jacksonville, Florida. The location of the proposed 
expanded ocean dredged material disposal site is bounded by the 
coordinates, listed below, and shown in Figure 1. The proposed 
expansion of the ODMDS will allow the EPA to adaptively manage the 
ODMDS to maximize its capacity, minimize the potential for mounding and 
associated safety concerns, potentially create hard bottom habitat and 
minimize the potential for any long-term adverse effects to the marine 
environment.
    The coordinates for the site are, in North American Datum 83 (NAD 
83):
Expanded Jacksonville ODMDS
    (A) 30[deg]21.514' N, 81[deg]18.555' W
    (B) 30[deg]21.514' N, 81[deg]17.422' W
    (C) 30[deg]20.515' N, 81[deg]17.422' W
    (D) 30[deg]20.515' N, 81[deg]17.012' W
    (E) 30[deg]17.829' N, 81[deg]17.012' W
    (F) 30[deg]17.829' N, 81[deg]18.555' W
    The proposed expanded ODMDS is located in approximately 28 to 61 
feet of water, and is located to 4.4 nmi offshore the mouth of the St. 
Johns River. The proposed expanded ODMDS would be 3.7 nmi long on the 
west side and 2.7 nmi long on the east side. It would be 1 nmi long on 
the north side and 1.3 nmi wide on the south side. It would be 4.56 
nmi\2\ in size.

[[Page 12787]]

[GRAPHIC] [TIFF OMITTED] TP11MR15.007

c. Management and Monitoring of the Site

    The proposed expanded ODMDS is expected to receive sediments 
dredged by the USACE to deepen and maintain the federally authorized 
navigation project at Jacksonville Harbor, Florida, maintain Naval 
Station Mayport and dredged material from other persons who have 
obtained a permit for the disposal of dredged material at the ODMDS. 
All persons using the ODMDS are required to follow a Site Management 
and Monitoring Plan (SMMP) for the ODMDS. The SMMP includes management 
and monitoring requirements to ensure that dredged materials disposed 
at the ODMDS are suitable for disposal in the ocean and that adverse 
impacts of disposal, if any, are addressed to the maximum extent 
practicable. The SMMP for the proposed expanded ODMDS, in addition to 
the aforementioned, also addresses management of the ODMDS to ensure 
adverse mounding does not occur, promotes habitat creation where 
possible and to ensure that disposal events minimize interference with 
other uses of ocean waters in the vicinity of the proposed expanded 
ODMDS. The SMMP is available as a draft document for review and comment 
at this time. The public is encouraged to take advantage of this 
opportunity to read and submit comments on the draft SMMP.

d. MPRSA Criteria

    In proposing to expand the ODMDS, the EPA assessed the proposed 
expanded ODMDS according to the criteria of the MPRSA, with particular 
emphasis on the general and specific regulatory criteria of 40 CFR part 
228, to determine whether the proposed site designations satisfy those 
criteria. The EPA's Final Environmental Impact Statement for 
Designation of an Ocean Dredged Material Disposal Site Offshore 
Jacksonville, Florida, [October 2014] (EIS), provides an extensive 
evaluation of the criteria and other related factors for the expansion 
of the ODMDS.
General Criteria (40 CFR 228.5)
    (1) Sites must be selected to minimize interference with other 
activities in the marine environment, particularly avoiding areas of 
existing fisheries or shellfisheries, and regions of heavy commercial 
or recreational navigation (40 CFR 228.5(a)).
    Historical disposal of dredged material at the existing 
Jacksonville ODMDS has not interfered with commercial or recreational 
navigation, commercial fishing, or sportfishing activities. Expansion 
of this site is not expected to change these conditions. The proposed 
expanded ODMDS avoids any identified major fisheries, natural and 
artificial reefs, and areas of recreational use. The proposed expanded 
ODMDS is approximately 1 nmi east of the areas identified by commercial 
shrimpers as important shrimp trawling areas. The proposed expanded 
ODMDS minimizes interference with shellfisheries by avoiding areas 
frequently used by commercial shrimpers. The proposed expanded ODMDS is 
not expected to adversely affect recreational boating and is located 
outside of designated shipping/navigation channels and anchorage areas. 
The draft SMMP outlines site management objectives, including 
minimizing interference with other uses of the ocean. Should a site use 
conflict be identified, site use could be modified according to the 
SMMP to minimize that conflict.
    (2) Sites must be situated such that temporary perturbations to 
water quality or other environmental conditions during initial mixing 
caused by disposal operations would be reduced to normal ambient levels 
or undetectable contaminant concentrations or effects before reaching 
any beach, shoreline, marine sanctuary, or known geographically limited 
fishery or shellfishery (40 CFR 228.5(b)).

[[Page 12788]]

    Based on the EPA's review of modeling, monitoring data, sediment 
quality, and history of use, no detectable contaminant concentrations 
or water quality effects, e.g., suspended solids, would be expected to 
reach any beach or shoreline from disposal activities at the proposed 
expanded ODMDS. The expanded proposed ODMDS is removed far enough from 
shore (4.4 nmi) and fishery resources to allow water quality 
perturbations caused by dispersion of disposed material to be reduced 
to ambient conditions before reaching any environmentally sensitive 
areas. Dilution rates are expected to range from 140:1 to 2800:1 after 
four hours. The primary impact of disposal activities on water quality 
is expected to be temporary turbidity caused by the physical movement 
of sediment through the water column. All dredged material proposed for 
disposal will be evaluated according to the ocean dumping regulations 
at 40 CFR 227.13 and guidance developed by the EPA and the USACE.
    (3) The sizes of disposal sites will be limited in order to 
localize for identification and control any immediate adverse impacts, 
and to permit the implementation of effective monitoring and 
surveillance to prevent adverse long-range impacts. Size, 
configuration, and location are to be determined as part of the 
disposal site evaluation (40 CFR 228.5(d)).
    The location, size, and configuration of the proposed expanded 
ODMDS allow and facilitate long-term capacity, site management, and 
site monitoring while limiting environmental impacts to the surrounding 
area to the extent possible. Based on projected future new work and 
maintenance dredged material disposal needs, it is estimated that the 
new ODMDS should be approximately 4 nmi\2\ in size to meet the long-
term (>50 years) disposal needs of the area. An ODMDS of this size 
should have a capacity of greater than 65 million cubic yards. The 
proposed expanded ODMDS is 4.56 nmi\2\ in size inclusive of the 
existing Jacksonville ODMDS.
    A site management and monitoring program will be implemented to 
determine if disposal at the site is significantly affecting adjacent 
areas and to detect the presence of long-term adverse effects. At a 
minimum, the monitoring program will consist of bathymetric surveys, 
sediment grain size analysis, chemical analysis of constituents of 
concern in the sediments, an assessment of the health of the benthic 
community, and an assessment of any movement of disposed dredged 
material offsite. The size of the proposed expanded ODMDS is similar to 
that of other ocean dredged material disposal sites in the Southeastern 
United States. Monitoring of sites of this size have proved to be 
effective and feasible.
    (4) EPA will, wherever feasible, designate ocean dumping sites 
beyond the edge of the continental shelf and other such sites where 
historical disposal has occurred (40 CFR 228.5(e)).
    Disposal areas located off of the continental shelf would be at 
least 60 to 70 nautical miles offshore. This distance is well beyond 
the 5 to 10 nautical mile haul distance determined to be feasible by 
the USACE for maintenance of their Jacksonville Harbor project. 
Additional disadvantages to off-shelf ocean disposal would be the 
unknown environmental impacts of disposal on deep-sea, stable, fine-
grained benthic communities and the higher cost of monitoring sites in 
deeper waters and further offshore.
    Historic disposal has occurred at the proposed location for the 
expanded ODMDS. The substrate of the proposed expanded ODMDS is similar 
grain size to the disposal material.
Specific Criteria (40 CFR 228.6)
    (1) Geographical Position, Depth of Water, Bottom Topography and 
Distance from Coast (40 CFR 228.6(a)(1)).
    The EPA does not anticipate that the geographical position of the 
proposed expanded ODMDS, including the depth, bottom topography and 
distance from the coastline, will unreasonably degrade the marine 
environment. The proposed expanded ODMDS is located on the shallow 
continental shelf off northeast Florida and is 7.1 nautical miles 
southeast of the mouth of the St. Johns River. Depths within the 
proposed expansion area of the ODMDS range from 43 to 66 feet (13 to 20 
meters) with an average depth of 57 feet (17 meters). To help avoid 
adverse mounding at the proposed expanded ODMDS, bathymetry will be 
routinely monitored following disposal activities and disposal 
locations modified as necessary. In this way, mounding that could 
create a navigation hazard will be avoided. Material disposed in the 
proposed expanded ODMDS is not expected to move from the proposed 
expanded ODMDS except during large storm events.
    (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)).
    The proposed expanded ODMDS is located within the North Atlantic 
right whale critical habitat. The coastal waters off Georgia and 
northern Florida are the only known calving ground for the North 
Atlantic right whale between November and April. The proposed expansion 
of the ODMDS is not expected to alter the critical habitat. Disposed 
dredged material will settle out of the water column to the benthos, 
which is not considered part of the critical habitat. Disturbances from 
ships transiting through the area would not be significantly different 
from normal vessel operations that occur daily in the project area, 
although during dredging activities there would be an increase in 
vessel activity in the areas between the river entrance and the 
proposed expanded ODMDS which may lead to an increase risk of animal 
collisions. Observance of critical habitat designations and the North 
Atlantic right whale Early Warning System should mitigate for this 
potential increase.
    The proposed expanded ODMDS is not located in exclusive breeding, 
spawning, nursery, feeding or passage areas for adult or juvenile 
phases of living resources. The most active fish breeding and nursery 
areas are located in inshore estuarine waters, along adjacent beaches, 
or in nearshore reef areas. At and in the immediate vicinity of the 
proposed expanded ODMDS, spawning and migrating adult penaeid shrimp 
may be present. However, as much of the dredged material will consist 
of silts and clays, it appears likely that the area will remain 
suitable for penaeid shrimp.
    (3) Location in Relation to Beaches and Other Amenity Areas (40 CFR 
228.6(a)(3)).
    The proposed site is approximately 4.4 nmi from coastal beaches and 
protected inshore waters. Shore-related amenities include Nassau River-
St. Johns River Marshes Aquatic Preserve, Little Talbot Island State 
Park, Kingsley Plantation Historic Monument, and Fort Caroline National 
Memorial. These amenity areas are outside the area to be affected by 
disposal in the proposed expanded ODMDS. The site is approximately 4 to 
5 nmi west of the nearest artificial reef or fishing hotspots.
    (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)).
    Dredged material found suitable for ocean disposal pursuant to the 
regulatory criteria for dredged material, or characterized by chemical 
and biological testing and found suitable for disposal into ocean 
waters, will be the only material allowed to be disposed at the 
proposed expanded ODMDS. No material defined as ``waste'' under the

[[Page 12789]]

MPRSA will be allowed to be disposed at the site. The dredged material 
to be disposed at the proposed expanded ODMDS will be a mixture of 
rock, sands, silts and clays. Annual average quantities are expected to 
range 0.5 to 1.1 million cubic yards. 18 million cubic yards is 
expected to be disposed from the Jacksonville Harbor Deepening Project. 
Generally, disposal is expected to occur from a hopper dredge or 
disposal scow, in which case, material will be released just below the 
surface while the disposal vessel remains underway and slowly transits 
the disposal location.
    (5) Feasibility of Surveillance and Monitoring (40 CFR 
228.6(a)(5)).
    The EPA expects monitoring and surveillance at the proposed 
expanded ODMDS to be feasible and readily performed from ocean or 
regional class research vessels. The proposed expanded ODMDS is of 
similar size, water depth and distance from shore of a majority of the 
ODMDSs within the Southeastern United States which are routinely 
monitored. The EPA will ensure monitoring of the site for physical, 
biological and chemical attributes as well as for potential impacts 
beyond the site boundaries. Bathymetric surveys will be conducted 
routinely as defined in the SMMP, contaminant levels in the dredged 
material will be analyzed prior to dumping, and the benthic infauna and 
epibenthic organisms will be monitored every 10 years, as funding 
allows.
    (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)).
    Waves are predominately out of the east and a few exceed 2 meters 
(6.6 feet) in height or 15 seconds (s) in period. Waves are the primary 
factor influencing re-suspension of disposed dredged material, and 
currents probably affect the direction and magnitude of transport. 
Currents flow predominately in a north-northwest and south-southeast 
direction and rarely exceeds 30 cm/s in magnitude. Modeling and 
monitoring conducted at the existing ODMDS has shown that the net 
direction of transport is to the south. Dilution rates due to mixing 
are expected to range from 140:1 to 2800:1 after four hours.
    (7) Existence and Effects of Current and Previous Discharges and 
Dumping in the Area (including Cumulative Effects) (40 CFR 
228.6(a)(7)).
    The areas within the vicinity of the Jacksonville ODMDS have been 
in use since 1952 for disposal of dredged material (e.g., sand, silt, 
clay, gravel, shell, and some rock) from the Jacksonville Harbor 
Navigation Project and the Naval Station Mayport entrance channel and 
turning basin. The Jacksonville ODMDS received interim site designation 
status in 1977 and final designation in 1983. Prior to 1970 and in the 
early 1970s, material was disposed in an area 0.5 nmi east of the 
Jacksonville ODMDS. In the late 1970s material was unintentionally 
disposed south of the site. Water column chemistry in past studies at 
ODMDS sites has typically shown little or no impact due to dredged 
material disposal. Sediment analysis in the late 1970s showed higher 
concentrations of certain heavy metals (nickel, copper, zinc, lead, and 
chromium), Kjeldahl nitrogen, and organic carbon in sediments within 
the disposal site versus outside the site. Sediment analysis as part of 
a 1995 benthic survey showed that, in general, metal concentrations 
within the ODMDS remained elevated compared to concentrations outside 
the ODMDS. However, concentrations within the ODMDS have decreased 
since 1978 and, based on a 1998 study, continue to decrease. The 
average percentage of silts and clays at stations within the ODMDS 
exceeds that of stations outside the ODMDS, but has decreased both 
inside and outside the ODMDS since. A 2009 study documented tri-n-
butyltin, di-n-butyltin, and n-butyltin present at sampling stations 
both inside and outside the Jacksonville ODMDS. Benthic infaunal 
community studies at the existing Jacksonville ODMDS have showed that 
communities remain diverse with no significant changes. The normal 
equilibrium benthic community in the area consists of surface-dwelling 
suspension feeders that are pre-adapted to energetic sandy 
environments.
    (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 proposed expanded ODMDS is not expected to interfere with 
shipping, fishing, recreation or other legitimate uses of the ocean. 
Commercial navigation, commercial fishing, and mineral extraction (sand 
mining) are the primary activities that may spatially overlap with 
disposal at the proposed expanded ODMDS. The proposed expanded ODMDS 
avoids the National Oceanographic and Atmospheric Administration (NOAA) 
recommended vessel routes offshore Jacksonville, Florida, thereby 
avoiding conflict with commercial navigation.
    Commercial fishing (shrimp trawling) occurs primarily to the west 
of the proposed expanded ODMDS. The northern portion of the proposed 
expanded ODMDS encompasses areas with rubble and other debris that 
commercial shrimp trawlers avoid due to potential damage to their 
shrimp nets. The southern portion of the proposed expanded ODMDS 
includes areas used for commercial shrimp trawling. The proposed 
expanded ODMDS will be managed such that rock will be disposed in the 
eastern portion of the proposed expanded ODMDS outside of the fishing 
area and finer grained material (silts/clays) will be disposed in the 
western portion. Additionally, the southern portion will only be used 
if the northern portion has reached capacity.
    Potential sand borrow areas have been identified to the east of the 
proposed expanded ODMDS. The proposed expanded ODMDS will be managed to 
avoid impacts to these areas. Only rock and sand will be disposed in 
the eastern portions of the proposed expanded ODMDS providing a buffer 
between the disposal of silts and clays and the potential borrow areas. 
The nearest potential borrow areas is adjacent to the southern half of 
the proposed expanded ODMDS. This borrow area is expected to be 
exhausted prior to use of the southern portion of the proposed expanded 
ODMDS as the southern portion will only be used if the northern portion 
has reached capacity.
    The likelihood of direct interference with these activities is low, 
provided there is close communication and coordination among users of 
the ocean resources. The EPA is not aware of any plans for desalination 
plants, or fish and shellfish culture operations near the proposed 
expanded ODMDS at this time. The proposed expanded ODMDS is not located 
in areas of special scientific importance.
    (9) The Existing Water Quality and Ecology of the Sites as 
Determined by Available Data or Trend Assessment of Baseline Surveys 
(40 CFR 228.6(a)(9)).
    Spring and fall season baseline surveys were conducted in 2010 at 
the proposed expanded ODMDS. Water quality was determined to be good 
with no evidence of degradation. No hypoxia conditions were observed 
and all chemical constituents were below EPA national recommended water 
quality criteria for salt water. Annelid worms, arthropods, 
echinoderms, gastropods, and bivalves are common benthic taxonomic 
groups. The Atlantic croaker, spotted hake, searobins, drums, and sand 
flounders are common fish species. Important mollusks include 
transverse

[[Page 12790]]

and ponderous arks, mussels, and Atlantic calico scallops.
    (10) Potentiality for the Development or Recruitment of Nuisance 
Species in the Disposal Site (40 CFR 228.6(a)(10)).
    Nuisance species, considered as any undesirable organism not 
previously existing at a location, have not been observed at, or in the 
vicinity of, the proposed expanded ODMDS. Material expected to be 
disposed at the proposed expanded ODMDS will be rock, sand, silt and 
clay similar to the sediment present at the proposed expanded ODMDS. 
Finer-grained material could have the potential to attract different 
species to the proposed expanded ODMDS then currently exist as was 
documented following disposal of significant amounts of silts and clays 
from deepening of Naval Station Mayport. However, it is expected that 
over time, as currents and waves energy transport the finer-grained 
sediments away, the normal equilibrium benthic community will re-
establish itself. The proposed SMMP includes benthic infaunal 
monitoring requirements, which will act to identify any nuisance 
species and allow the EPA to direct special studies and/or operational 
changes to address the issue if it arises.
    (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)).
    No significant cultural features have been identified at, or in the 
vicinity of, the proposed expanded ODMDS at this time. Archaeological 
surveys of the proposed expanded ODMDS were conducted in 2011 and 2012. 
The survey identified three sub-bottom features and one magnetic 
cluster. Archaeological divers investigated these targets and 
determined that they did not represent significant cultural features of 
historical or prehistorical importance. The EPA has coordinated with 
Florida's State Historic Preservation Officer (SHPO) to identify any 
cultural features. The SHPO concurred with the EPA's determination that 
the proposed expansion of the ODMDS will have no effect on cultural 
resources listed, or eligible for listing on the National Register of 
Historic Places. No shipwrecks have been observed or documented within 
the proposed expanded ODMDS or its immediate vicinity.

III. Environmental Statutory Review--National Environmental Policy Act 
(NEPA); Magnuson-Stevens Act (MSA); Marine Mammal Protection Act 
(MMPA); Coastal Zone Management Act (CZMA); Endangered Species Act 
(ESA); National Historic Preservation Act (NHPA)

a. NEPA

    Section 102 of the National Environmental Policy Act of 1969, as 
amended (NEPA), 42 U.S.C. 4321 to 4370f, requires Federal agencies to 
prepare an Environmental Impact Statement (EIS) for major federal 
actions significantly affecting the quality of the human environment. 
NEPA does not apply to EPA designations of ocean disposal sites under 
the MPRSA because the courts have exempted the EPA's actions under the 
MPRSA from the procedural requirements of NEPA through the functional 
equivalence doctrine. The EPA has, by policy, determined that the 
preparation of NEPA documents for certain EPA regulatory actions, 
including actions under the MPRSA, is appropriate. The EPA's ``Notice 
of Policy and Procedures for Voluntary Preparation of NEPA Documents,'' 
(Voluntary NEPA Policy), 63 FR 58045, (October 29, 1998), sets out both 
the policy and procedures the EPA uses when preparing such 
environmental review documents. The EPA's primary voluntary NEPA 
document for expanding the ODMDS is the Final Environmental Impact 
Statement for Designation of an Ocean Dredged Material Disposal Site 
Offshore Jacksonville, Florida, [October 2014] (FEIS), prepared by the 
EPA in cooperation with the USACE. On October 17, 2014, the Notice of 
Availability (NOA) of the FEIS for public review and comment was 
published in the Federal Register (79 FR 62436 [October 17, 2014]). 
Anyone desiring a copy of the FEIS may obtain one from the addresses 
given above. The public comment period on the FEIS closed on November 
17, 2014. The FEIS and its Appendices, which are part of the docket for 
this action, provide the threshold environmental review for expansion 
of the ODMDS. The information from the FEIS is used above, in the 
discussion of the ocean dumping criteria.
    The EPA received five comment letters on the FEIS. There were two 
main concerns expressed in those letters: (1) Potential movement of 
disposed material impacting areas such as habitat, fisheries and sand 
borrow areas; and (2) effects on nearby recently designated loggerhead 
critical habitat. No objections to the ODMDS expansion were received. 
The proposed expanded ODMDS was sited to minimize impacts to shrimping 
grounds, habitat and sand borrow areas to the extent possible. The EPA 
and USACE have conducted computer modeling and field monitoring to 
evaluate sediment transport. The SMMP developed for the proposed 
expanded ODMDS outlines how the proposed expanded ODMDS will be 
monitored and managed to minimize impacts outside the boundaries of the 
proposed expanded ODMDS. This includes buffer zones, monitoring for 
sediment transport and deposition offsite and staged site use to avoid 
conflict with sand borrow activities. Regarding critical habitat for 
loggerhead sea turtles, the National Marine Fisheries Service issued 
the final rule on July 10, 2014 to designate critical habitat for the 
Northwest Atlantic Ocean Distinct Population Segment (DPS) of the 
loggerhead sea turtle (Caretta caretta) within the Atlantic Ocean and 
the Gulf of Mexico regarding critical habitat for loggerhead sea turtle 
in the Northwest Atlantic Ocean and Gulf of Mexico. Nearshore 
reproductive habitat is located within the vicinity of the proposed 
expanded ODMDS along parts of Duval and St. Johns counties extending 
from the mean high water mark to 1.6 km offshore. The analysis of 
endangered and threatened species and associated critical habitat 
presented in the FEIS did not include this habitat. The EPA has 
conducted a supplementary analysis of the loggerhead critical habitat 
and concluded that the action is not likely to adversely affect the 
loggerhead sea turtle or its critical habitat.
    The proposed action discussed in the FEIS is the permanent 
designation of an expanded ODMDS offshore Jacksonville, Florida. The 
purpose of the proposed action is to provide an environmentally 
acceptable option for the ocean disposal of dredged material. The need 
for the expanded ODMDS is based on a demonstrated USACE need for ocean 
disposal of dredged material from the Jacksonville Harbor Navigation 
Project, Naval Station Mayport, and the proposed Jacksonville Harbor 
Deepening Project. The need for ocean disposal for these and other 
projects, and the suitability of the material for ocean disposal, will 
be determined on a case-by-case basis as part of the USACE process of 
issuing permits for ocean disposal for private/federal actions and a 
public review process for its own actions. This will include an 
evaluation of disposal alternatives.
    For the proposed expanded ODMDS, the USACE and the EPA would 
evaluate all federal dredged material disposal

[[Page 12791]]

projects pursuant to the EPA criteria set forth in the Ocean Dumping 
Regulations (40 CFR 220-229) and the USACE regulations (33 CFR 209.120 
and 335-338). The USACE issues Marine Protection, Research, and 
Sanctuaries Act (MPRSA) permits to applicants for the transport of 
dredged material intended for disposal after compliance with 
regulations is determined. The EPA has the right to disapprove any 
ocean disposal project if, in its judgment, all provisions of MPRSA and 
the associated implementing regulations have not been met.
    The FEIS discusses the need for the proposed expanded ODMDS and 
examines ocean disposal site alternatives to the proposed actions. The 
need for expanding the current ODMDS is based on observed excessive 
mounding at the existing ODMDS, future capacity modeling, historical 
dredging volumes, estimated dredging volumes for proposed projects, and 
limited capacity of upland CDFs in the area. Non-ocean disposal options 
have been examined in the FEIS based on information provided by the 
USACE in the Dredged Material Management Plans for Jacksonville Harbor. 
There is sufficient capacity at CDFs for continued maintenance of the 
Jacksonville Harbor Cuts 14 through 42 for the next 20 years and 
nearshore placement is the preferred disposal alternative for beach-
compatible material from Cuts 3 through 13. However, capacity at the 
CDFs is limited and may not be a viable alternative in the long term 
(greater than 20 years) and nearshore placement alternatives are 
limited to beach-quality sand and the expected quantity of beach 
quality sand can be minimal. Furthermore, neither of these alternatives 
provides capacity for disposal of material from Naval Station Mayport 
or the proposed Jacksonville Harbor Deepening Project.
    The following ocean disposal alternatives were evaluated in the 
FEIS:
1. Alternative 2: South of the Jacksonville ODMDS
    Alternative 2 is the designation of a new ODMDS approximately 1 nmi 
south of the southernmost boundary of the existing Jacksonville ODMDS. 
Alternative 2 had more potential impacts to sand borrow areas and was 
not preferred by shrimp fishing industry.
2. Alternative 3: North of the Jacksonville ODMDS
    Alternative 3 is the designation of a new ODMDS approximately 6 nmi 
north of the northernmost boundary of the existing Jacksonville ODMDS. 
Alternative 3 is located in an area frequently fished by the shrimping 
industry. Additionally, it is in an area that historically has had a 
high number of recorded North Atlantic right whale visits compared to 
south of the St. Johns River.
3. Alternative Sites Beyond the Continental Shelf
    Alternative sites beyond the continental shelf would be more than 
60 nmi from the mouth of the St. Johns River, a distance beyond the 
point at which dredged material disposal is considered economically and 
operationally feasible. This limitation to a 5 to 10 nmi radius 
reflects the economic constraints on dredging and disposal operations 
for the Jacksonville Harbor area, particularly as they relate to 
increasing fuel costs, which could be as much as seven times higher if 
a site off the continental shelf were selected. Regular monitoring of 
the site, as required by the SMMP, would also be more difficult 
logistically and more costly than a site located beyond the continental 
shelf. Based on these factors, the option of using off shelf sites for 
disposal of dredged material was eliminated from detailed 
consideration.
4. No Action Alternative
    The No-Action Alternative means that the EPA would not designate a 
new or expand the existing Jacksonville ODMDS. Dredged material that 
would normally have gone to the Jacksonville ODMDS may have to go to 
the Fernandina Beach ODMDS once the Jacksonville ODMDS reaches 
capacity. There are several concerns associated with using the 
Fernandina Beach ODMDS for disposal of dredged material from the 
Jacksonville Harbor area, including: (1) Adverse impacts to dredging 
projects from the Fernandina Beach, Florida area due to reduced 
capacity at the Fernandina Beach ODMDS; (2) increased costs associated 
with additional fuel consumption; (3) increased air emissions 
associated; and (4) increased risk of vessel strikes with the North 
Atlantic right whale. The No Action Alternative does not meet the 
proposed action's purpose and need. However, it was evaluated in the 
FEIS as a basis to compare the effects of the other alternatives 
considered.
5. Preferred Alternative: Expansion of the Existing Jacksonville ODMDS
    The preferred alternative is the proposed expansion of the existing 
Jacksonville ODMDS. Under this alternative, an additional 3.56 nmi\2\ 
area would be added adjacent to the south and east of the existing 
Jacksonville ODMDS. The eastern portion of the proposed expanded ODMDS 
contains approximately 3.5 acres of rubble from what is believed to be 
historic dredged material disposal. Disposal operations will be managed 
so that only rock disposal occurs in this area to enhance any potential 
habitat features. The eastern edge of proposed expanded ODMDS is 
approximately 1 nmi west of the Duval County Sand borrow area and does 
not overlap with any potential future sand band areas. It is 
approximately 1 nmi east of primary shrimp trawling areas and is in an 
area less frequented by the North Atlantic right whale. Furthermore, 
from an operations and site management standpoint, it is advantageous 
to have a single expanded ODMDS rather than the existing ODMDS and a 
new ODMDS as it can be managed as a single entity and will provide 
additional disposal capacity in areas that would otherwise be used as 
buffer zones. Therefore, expansion of the existing Jacksonville ODMDS 
has been selected as the preferred alternative in the FEIS.
    The FEIS presents the information needed to evaluate the 
suitability of ocean disposal areas for final designation use and is 
based on a series of disposal site environmental studies. The 
environmental studies and final designation are being conducted in 
accordance with the requirements of MPRSA, the Ocean Dumping 
Regulations, and other applicable Federal environmental legislation. 
The site coordinates have been adjusted slightly from those presented 
in the FEIS to align site corners with lines of longitude and latitude. 
Differences differ by no more than 100 feet and do not affect the 
conclusions and information presented in the FEIS.

b. MSA

    The EPA prepared an essential fish habitat (EFH) assessment 
pursuant to Section 305(b), 16 U.S.C. 1855(b)(2), of the Magnuson-
Stevens Act, as amended (MSA), 16 U.S.C. 1801 to 1891d, and submitted 
that assessment to the National Marine Fisheries Service (NMFS) on May 
11, 2012. The NMFS provided EFH Conservation Recommendations and a 
request for additional information on July 11, 2012. The EPA prepared 
an interim response with the requested additional information on August 
2, 2012 and a revised EFH Assessment for the preferred alternative on 
October 6, 2014. In a letter dated January 5, 2015, NMFS determined 
that the EPA and the USACE have provided the substantive justification 
required by 50 CFR

[[Page 12792]]

600.920(k) for not following EFH conservation recommendations.

c. CZMA

    Pursuant to an Office of Water policy memorandum dated October 23, 
1989, the EPA has evaluated the proposed site designations for 
consistency with the State of Florida's (the State) approved coastal 
management program. The EPA has determined that the designation of the 
proposed site is consistent to the maximum extent practicable with the 
State coastal management program, and submitted this determination to 
the State for review in accordance with the EPA policy. The State 
concurred with this determination on November 17, 2014. In addition, as 
part of the NEPA process, the EPA has consulted with the State 
regarding the effects of the dumping at the proposed site on the 
State's coastal zone. The EPA has taken the State's comments into 
account in preparing the FEIS for the site, in determining whether the 
proposed site should be designated, and in determining whether 
restrictions or limitations should be placed on the use of the site, if 
they are designated. The EPA modified Alternative 1 to address the 
State's concern regarding potential impacts to hard bottom benthic 
habitat and has incorporated management and monitoring requirements 
into the SMMP to ensure that disposed dredged materials do not 
negatively affect important benthic resources and sand borrow areas 
located outside of the designated ODMDS boundaries. Furthermore, at the 
request of the State, the EPA has conducted an evaluation of recently 
designated critical habitat for the loggerhead sea turtle.

d. ESA

    The Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 to 
1544, requires Federal agencies to consult with NMFS and the U.S. Fish 
and Wildlife Service (USFWS) to ensure that any action authorized, 
funded, or carried out by the Federal agency is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of any critical habitat. The EPA prepared a Biological Assessment (BA) 
to assess the potential effects of expanding the Jacksonville ODMDS on 
aquatic and wildlife species and submitted that BA to the NMFS and 
USFWS on October 6, 2014. A supplement to the BA addressing loggerhead 
critical habitat was submitted on January 15, 2015. The EPA concluded 
that its action may affect, but is not likely to adversely affect 10 
ESA-listed species and is not likely to adversely affect designated 
critical habitat for the North Atlantic right whale or the loggerhead 
sea turtle. The USFWS concurred on the EPA's finding that the proposed 
action is not likely to adversely affect listed endangered or 
threatened species under the jurisdiction of the USFWS. The EPA will 
not take final action on the proposed site until consultation with NMFS 
under the ESA is complete.

e. NHPA

    The USACE and the EPA initiated consultation with the State of 
Florida's Historic Preservation Officer (SHPO) on November 24, 2010, to 
address the National Historic Preservation Act, as amended (NHPA), 16 
U.S.C. 470 to 470a-2, which requires Federal agencies to take into 
account the effect of their actions on districts, sites, buildings, 
structures, or objects, included in, or eligible for inclusion in the 
National Register of Historic Places (NRHP). A submerged cultural 
resource survey of the area including the use of magnetometer, side 
scan sonar, and sub-bottom profiler was conducted in 2011. A follow-up 
archaeological diver investigation was conducted in 2012. No historic 
properties were found within the proposed expanded ODMDS boundaries and 
SHPO concurred with the determination that designated the expanded 
ODMDS would have no effect on cultural resource listed, or eligible for 
listing on the NRHP.

IV. Statutory and Executive Order Reviews

    This rule proposes the designation of an expanded ODMDS pursuant to 
Section 102 of the MPRSA. This proposed action complies with applicable 
executive orders and statutory provisions as follows:

a. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under Executive Orders 12866 and 
13563 (76 FR 3821, January 21, 2011).

b. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This proposed site designation, 
does not require persons to obtain, maintain, retain, report, or 
publicly disclose information to or for a Federal agency.

c. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires Federal 
agencies 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. 
For purposes of assessing the impacts of this rule on small entities, 
small entity is defined as: (1) A small business defined by the Small 
Business Administration's size regulations at 13 CFR 121.201; (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district, or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field. The EPA determined that this proposed action 
will not have a significant economic impact on small entities because 
the proposed rule will only have the effect of regulating the location 
of site to be used for the disposal of dredged material in ocean 
waters. After considering the economic impacts of this proposed rule, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities.

d. Unfunded Mandates Reform Act

    This proposed action contains no Federal mandates under the 
provisions of Title II of the Unfunded Mandates Reform Act (UMRA) of 
1995, 2 U.S.C. 1531 to 1538, for State, local, or tribal governments or 
the private sector. This action imposes no new enforceable duty on any 
State, local or tribal governments or the private sector. Therefore, 
this action is not subject to the requirements of sections 202 or 205 
of the UMRA. This action is also not subject to the requirements of 
section 203 of the UMRA because it contains no regulatory requirements 
that might significantly or uniquely affect small government entities. 
Those entities are already subject to existing permitting requirements 
for the disposal of dredged material in ocean waters.

e. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. It does 
not have substantial direct effects on the

[[Page 12793]]

States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among 
various levels of government, as specified in Executive Order 13132. 
Thus, Executive Order 13132 does not apply to this action. In the 
spirit of Executive Order 13132, and consistent with EPA policy to 
promote communications between the EPA and State and local governments, 
the EPA specifically solicited comments on this proposed action from 
State and local officials.

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

    This proposed action does not have tribal implications, as 
specified in Executive Order 13175 because the expansion of the 
Jacksonville ODMDS will not have a direct effect on Indian Tribes, on 
the relationship between the federal government and Indian Tribes, or 
on the distribution of power and responsibilities between the federal 
government and Indian Tribes. Thus, Executive Order 13175 does not 
apply to this action. Although Executive Order 13175 does not apply to 
this proposed action the EPA consulted with tribal officials in the 
development of this action, particularly as the action relates to 
potential impacts to historic or cultural resources. The EPA 
specifically solicits additional comments on this proposed action from 
tribal officials.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern health or safety risks, such that the 
analysis required under Section 5-501 of the Executive Order has the 
potential to influence the regulation. This proposed action is not 
subject to Executive Order 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks. The 
proposed action concerns the expansion of the Jacksonville ODMDS and 
only has the effect of providing a designated location for ocean 
disposal of dredged material pursuant to Section 102(c) of the MPRSA. 
However, we welcome comments on this proposed action related to this 
Executive Order.

h. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211, 
``Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355) because it is not a 
``significant regulatory action'' as defined under Executive Order 
12866. However, we welcome comments on this proposed action related to 
this Executive Order.

i. National Technology Transfer and 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), 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus bodies. The NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This proposed 
action includes environmental monitoring and measurement as described 
in EPA's proposed SMMP. The EPA will not require the use of specific, 
prescribed analytic methods for monitoring and managing the designated 
ODMDS. The Agency plans to allow the use of any method, whether it 
constitutes a voluntary consensus standard or not, that meets the 
monitoring and measurement criteria discussed in the proposed SMMP. The 
EPA welcomes comments on this aspect of the proposed rulemaking and, 
specifically, invites the public to identify potentially-applicable 
voluntary consensus standards and to explain why such standards should 
be used in this proposed action.

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

    Executive Order 12898 (59 FR 7629) establishes federal executive 
policy on environmental justice. Its main provision directs federal 
agencies, to the greatest extent practicable and permitted by law, to 
make environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. The EPA determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The EPA has assessed the overall protectiveness of 
expanding the Jacksonville ODMDS against the criteria established 
pursuant to the MPRSA to ensure that any adverse impact to the 
environment will be mitigated to the greatest extent practicable. We 
welcome comments on this proposed action related to this Executive 
Order.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Authority:  This action is issued under the authority of Section 
102 of the Marine Protection, Research, and Sanctuaries Act, as 
amended, 33 U.S.C. 1401, 1411, 1412.

    Dated: February 11, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    For the reasons set out in the preamble, The EPA proposes to amend 
chapter I, 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 by revising paragraphs (h)(9)(i) through 
(iii) and (vi) to read as follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (h) * * *
    (9) * * *
    (i) Location: 30[deg]21.514' N, 81[deg]18.555' W., 30[deg]21.514' 
N, 81[deg]17.422' W., 30[deg]20.515' N, 81[deg]17.422' W., 
30[deg]20.515' N, 81[deg]17.012' W., 30[deg]17.829' N, 81[deg]17.012' 
W., 30[deg]17.829' N, 81[deg]18.555' W.
    (ii) Size: Approximately 3.68 nautical miles long and 1.34 nautical 
miles wide (4.56 square nautical miles); 3,861 acres (1,562 hectares).
    (iii) Depth: Ranges from approximately 28 to 61 feet (9 to 19 
meters).
* * * * *
    (vi) Restrictions: (A) Disposal shall be limited to dredged 
material determined to be suitable for ocean disposal according to 40 
CFR 227.13;
    (B) Disposal shall be managed by the restrictions and requirements 
contained in the currently-approved Site Management and Monitoring Plan 
(SMMP);

[[Page 12794]]

    (C) Monitoring, as specified in the SMMP, is required.
* * * * *
[FR Doc. 2015-05232 Filed 3-10-15; 8:45 am]
 BILLING CODE 6560-50-P