[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Rules and Regulations]
[Pages 29537-29539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12335]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R2-OW-2014-0587; FRL-9928-04-Region 2]


Modification of the Designations of the Caribbean Ocean Dredged 
Material Disposal Sites

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Through this rulemaking, the U.S. Environmental Protection 
Agency (EPA) is modifying the designations for the five Ocean Dredged 
Material Disposal Sites (ODMDS) around Puerto Rico (San Juan Harbor, PR 
ODMDS; Yabucoa Harbor, PR ODMDS; Ponce Harbor, PR ODMDS; Mayaguez 
Harbor, PR ODMDS; Arecibo Harbor, PR ODMDS). Currently, each of the 
ODMDS is restricted to only allow disposal of dredged material from the 
specific harbor for which it is named. This modification removes the 
restriction that limits eligibility for disposal at each of the 
disposal sites based solely on the geographic origin of the dredged 
material. The modifications to the site designations do not actually 
authorize the disposal of any particular dredged material at any site. 
All proposals to dispose of dredged material at any of the designated 
sites will continue to be subject to project-specific reviews and must 
still be demonstrated to satisfy the criteria for ocean dumping before 
any material is authorized for disposal. This rulemaking was taken to 
provide long-term flexibility for management of any dredged material 
that may potentially be derived from maintenance, development, or 
emergency activities in areas outside those harbors provided for in the 
original designations. The modifications to the site designations are 
for an indefinite period of time. Each ODMDS will continue to be 
monitored to ensure that significant unacceptable, adverse 
environmental impacts do not occur as a result of dredged material 
disposal at the site.

DATES: This final rule is effective on June 22, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OW-2014-0587. All documents in the docket are listed on the 
http://www.regulations.gov Web site. 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, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy by appointment at the Dredging, 
Sediment and Oceans Section (CWD), U.S. Environmental Protection 
Agency, Region 2, 290 Broadway, New York, NY 10007. This Docket 
Facility is open from 8:30 a.m. and 4:30 p.m., Monday through Friday, 
excluding legal holidays. The Docket telephone number is 212-637-3799.

FOR FURTHER INFORMATION CONTACT: Mark Reiss, Clean Water Division 
Region 2 (24th Floor), Environmental Protection Agency, 290 Broadway 
New York, NY 10007; telephone number: 212-637-3799; fax number: 212-
637-3891; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Final Action
III. Regulatory Reviews
IV. Statutory and Executive Order Reviews

I. 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 modifications are being made pursuant to that authority. EPA is 
conducting this rulemaking to remove the geographic restrictions on the 
origin of the dredged material that can be disposed from the 
designations of the San Juan Harbor, PR Ponce Harbor, PR, Yabucoa 
Harbor, PR, Mayaguez Harbor, PR and Arecibo Harbor, PR ODMDSs.
    The site modifications in this action provide the Corps, 
Commonwealth of Puerto Rico, municipal, and private entities with 
greater long term flexibility in managing dredged materials outside the 
specific harbors provided for in the original designations.
    The background for today's action is discussed in detail in EPA's 
October 14, 2014, proposal (79 FR 61591). The EPA received two comments 
on the proposed rule that supported the rulemaking. One of the letters 
raised some general concerns about the need to ensure that sensitive 
marine habitats are not adversely impacted by activities allowed by 
this rulemaking.
    Modification of the designation of ocean disposal sites under 40 
CFR part 228 is essentially a preliminary, planning measure. The 
practical effect of such a designation is only to require that if 
future ocean disposal activity is permitted and/or authorized (in the 
case of Corps projects) under 40 CFR part 227, then such disposal 
should normally be consolidated at the designated sites (see 33 U.S.C. 
1413(b).) Modification of the designation of an ocean disposal site 
does not authorize any actual disposal and does not preclude EPA or the 
Corps from finding available and environmentally preferable alternative 
means of managing dredged materials, or from finding that certain 
dredged material is not suitable for ocean disposal under the 
applicable regulatory criteria.
    This modification provides flexibility for management of dredged 
material from areas outside the harbors provided for in the original 
designations. However, it should be emphasized that modification of the 
designations of the ODMDS does not constitute or imply Corps' or EPA's 
approval of open water disposal of dredged material from any specific 
project. Before disposal of dredged material at any site may commence, 
Essential Fish Habitat and Endangered Species Act consultations must be 
completed, and EPA and the Corps must evaluate the proposal and 
authorize disposal according to the ocean dumping regulatory criteria 
(40 CFR part 227). All projects proposed for disposal at the ODMDS will 
be subject to review and comment by the relevant resource agencies and 
the public to ensure that any concerns regarding potential impacts 
associated with transport of material from the project area to the 
ODMDS are addressed before they are authorized for disposal. All 
transport and disposal activities must adhere to the strict provisions 
and restrictions laid out for each site in its Site Monitoring and 
Management Plan, which include specific monitoring and management 
requirements to avoid impacts to sensitive habitats. Finally, EPA has 
the right to disapprove the actual disposal, if it determines that

[[Page 29538]]

environmental requirements under the MPRSA (including required 
Essential Fish Habitat and Endangered Species Act consultations) have 
not been met.
    Enabling management of the additional dredged materials at 
monitored designated sites restricts impacts to those areas and 
minimizes the potential for using other near shore discharge strategies 
with potentially greater impacts to the marine environment. As such, 
this rulemaking would afford additional protection of aquatic organisms 
at individual, population, community, or ecosystem levels of ecological 
structures and sensitive marine habitats will not be adversely impacted 
by activities allowed by this rulemaking.

II. Final Action

    The EPA hereby modifies the designations of Arecibo Harbor PR Ocean 
Disposal Site, Mayaguez Harbor PR Ocean Disposal Site, Ponce Harbor PR 
Ocean Disposal Site, San Juan Harbor PR Ocean Disposal Site and Yabucoa 
Harbor PR Ocean Disposal Site by removing the geographic restrictions 
on the origin of dredged material that can be managed at each site. 
This modification is made pursuant to MPRSA section 102(c). These ocean 
disposal sites are located in ocean waters off Puerto Rico outside the 
harbors corresponding to their names.

III. Regulatory Reviews

    Details of the regulatory requirements of this rule are in EPA's 
October 14, 2014, proposed rule, 79 FR 61591. To summarize, this final 
rule complies as follows:

--It complies with the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) under the doctrine of functional equivalency; the EPA has 
relied on information from the final Environmental Impact Statement in 
its consideration and application of ocean dumping criteria to 
modification of the designations of the San Juan Harbor, PR Ponce 
Harbor, PR, Yabucoa Harbor, PR, Mayaguez Harbor, PR and Arecibo Harbor, 
PR dredged material sites;
--It complies with the Endangered Species Act (16 U.S.C. 1536(a)(2), 
regarding consultations with the U.S. Fish and Wildlife Service and 
National Marine Fisheries Service in that modification of the 
designations of the ocean disposal sites is not expected to adversely 
affect any threatened or endangered species or their critical habitat;
--It complies with the Magnuson-Stevens Fishery Conservation and 
Management Act of 1996 regarding consultation with the National Marine 
Fisheries Service in that modification of the designations of the ocean 
disposal sites is not expected to have significant impacts to marine 
fishery resources; and
--It complies with the Coastal Zone Management Act, regarding federal 
activities that affect a state's coastal zone in that the Corps will 
submit Coastal Zone Consistency determinations to the Commonwealth of 
Puerto Rico for individual projects proposing to dispose at the sites.

IV. Statutory and Executive Order Reviews

    Details of the applicability of executive orders and statutory 
provisions to this rule are in EPA's October 14, 2014, proposed rule, 
79 FR 61591. To summarize, this final rule complies with applicable 
executive orders and statutory provisions as follows:

--It is not a ``significant regulatory action'' subject to Office of 
Management and Budget (OMB) review under Executive Order 12866 (58 FR 
51735, October 4, 1993);
--It does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act 44 U.S.C. 3501 et seq;
--It is certified as not having a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601);
--It does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Public Law 104-4);
--It does not have Federalism implications as specified in Executive 
Order 13132 (64 FR 43255, August 10, 1999);
--It is not an economically significant regulatory action based on 
health or safety risks subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997);
--It has no Tribal implications, as specified in Executive Order 13175 
(65 FR 67249, November 9, 2000);
--It is not an economically significant regulatory action subject to 
Executive Order 12866 (62 FR 19885, April 23, 1997), and does not 
present a disproportionate risk to children;
--It is not a significant regulatory action under Executive Order 12866 
and so is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 2001) ;
--It is not subject to requirements of Section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113, 12(d) 
(15 U.S.C. 272 note) as it does not involve technical standards;
--It will not have a disproportionately high and adverse human health 
or environmental effects on minority or low-income populations subject 
to Executive Order 12898 (59 FR 7629);
-- EPA has written this rulemaking in plain language to be consistent 
with the Plain Language Directive of Executive Order 12866; and
-- It will provide additional protection of aquatic organisms and 
therefore advances the objective of Executive Order 13158 (65 FR 34909, 
May 31, 2000) to protect marine areas.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

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

    Dated: April 20, 2015.
Judith A. Enck,
Regional Administrator, Region 2.

    In consideration of the foregoing, EPA hereby amends 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 by revising paragraphs (d)(10)(vi), 
(d)(11)(vi), (d)(12)(vi), (d)(13)(vi), and (d)(14)(vi) to read as 
follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (d) * * *
    (10) * * *
    (vi) Restriction: Disposal shall be limited to dredged material.

[[Page 29539]]

    (11) * * *
    (vi) Restriction: Disposal shall be limited to dredged material.
    (12) * * *
    (vi) Restriction: Disposal shall be limited to dredged material.
    (13) * * *
    (vi) Restriction: Disposal shall be limited to dredged material.
    (14) * * *
    (vi) Restriction: Disposal shall be limited to dredged material.
* * * * *
[FR Doc. 2015-12335 Filed 5-21-15; 8:45 am]
 BILLING CODE 6560-50-P