[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Proposed Rules]
[Pages 34871-34874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15002]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R06-OW-2015-0121; FRL-9929-30-Region 6]


Ocean Dumping: Proposed Modification of Final Site Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency EPA proposes to modify the 
use restrictions of the Galveston, TX Dredged Material Site, Freeport 
Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, 
Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus 
Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX 
and Brazos Island Harbor (42-Foot Project), TX Ocean Dredged Material 
Disposal Sites (ODMDSs) located in the Gulf of Mexico offshore of 
Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and 
Brownsville, Texas, respectively. These sites are EPA designated ocean 
dumping sites for the disposal of suitable dredged material. This 
proposed action is being taken because there are current restrictions 
in place with language that prevent disposal of suitable dredged 
material from locations other than the federal channels. The United 
States Army Corps of Engineers Galveston District has requested EPA 
amend the restrictions to allow disposal of suitable dredged material 
from the vicinity of federal navigation channels to alleviate pressure 
on the capacity of their upland dredged material placement areas, when 
necessary.

DATES: Comments. Comments on this proposed rule must be received on or 
before August 3, 2015.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OW-
2015-0121, 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-2015-
0121. 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

[[Page 34872]]

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

A. Potentially Affected Persons
B. Background
C. Proposed Action
D. Administrative Review
Executive Order 12886
Paperwork Reduction Act
Regulatory flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996
Unfunded Mandates
Executive Order 13132: Federalism
Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments
Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks
Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use Compliance With Administrative 
Procedure Act
National Technology Transfer Advancement Act
Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations
List of subjects in 40 CFR Part 228

Part 228--(AMENDED)

A. 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 Galveston, 
Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, 
Texas. Currently, the U.S. Army Corps of Engineers (Corps) and other 
persons with permits to use designated sites offshore of Galveston, 
Freeport, Matagorda, Corpus Christi, Port Mansfield, and Brownsville, 
Texas would be most impacted by this final action. Potentially affected 
categories and persons include:

------------------------------------------------------------------------
           Category            Examples of potentially regulated 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.
State, local and tribal        Governments owning and/or responsible for
 governments.                   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.

B. 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 modification are being made pursuant to that authority.
    The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR 
Chapter I, Subchapter H, Section 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. This site 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 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.

C. Proposed Action

    The proposed modification of the use restrictions on the Galveston, 
TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot 
Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda 
Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, 
Brazos Island Harbor, TX and Brazos Island Harbor

[[Page 34873]]

(42-Foot Project), TX ODMDSs was requested by the US Army Corps of 
Engineers Galveston District in a March 27, 2015 letter. The current 
wording within the 40CFRSec.  228.15 restricts the use of these ODMDS 
to only dredged material originating from specific federal channel 
reaches associated with each ODMDS. For Freeport Harbor, TX, New Work 
(45 Foot Project) ODMDS and the Brazos Island Harbor (42-Foot Project), 
the ODMDSs are restricted to receive only construction dredged material 
from channel improvement projects at Freeport and Brazos Island Harbor, 
respectively. Modeling shows that future disposal capacity is limited 
at the placement areas typically used by the Galveston District when 
ocean disposal is not an option. As a result of these limitations, 
there is a need to change the use restrictions placed on these ODMDSs 
to include suitable dredged material from the greater vicinities of the 
respective federal channels. The proposed restriction modification will 
provide for sufficient future dredged material disposal capacity for 
material originating from dredging areas within each Federal channel 
and its vicinity.

D. 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;
    (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 record-keeping 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 Galveston, TX Dredged Material Site, 
Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, 
Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus 
Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX 
and Brazos Island Harbor (42-Foot Project), TX ODMDSs broadens the use 
of the sites providing additional options for dredged material 
placement in the Galveston, Freeport, Matagorda, Corpus Christi, Port 
Mansfield and Brownsville, Texas vicinities.
    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

[[Page 34874]]

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.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: June 8, 2015.
Ron Curry,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, EPA is proposing to amend 
40 CFR part 228 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 (j)(12)(vi), 
(j)(13)(vi), (j)(14)(vi), (j)(15)(vi), (j)(17)(vi), (j)(18)(vi), 
(j)(19)(vi), (j)(20)(vi) to read as follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (j) * * *
    (12) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Houston-Galveston, Texas vicinity. Disposal 
shall comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (13) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Freeport, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (14) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Freeport, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (15) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Matagorda, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (17) * * *
    (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.
    (18) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Port Mansfield, Texas vicinity. Disposal 
shall comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (19) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Brownsville, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (20) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Brownsville, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
* * * * *
[FR Doc. 2015-15002 Filed 6-17-15; 8:45 am]
 BILLING CODE 6560-50-P