[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29706-29710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13715]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R10-OW-2018-0284; FRL-9979-31--Region 10]


Ocean Dumping; Withdrawal of Designated Disposal Site; Grays 
Harbor, Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to withdraw from EPA regulation and management one 
designated ocean dredged material disposal site, the Grays Harbor Eight 
Mile Site, located near the mouth of Grays Harbor, Washington. This 
action is pursuant to the Marine Protection, Research, and Sanctuaries 
Act, as amended. The disposal site was designated by the EPA for a 
specific one-time use in 1990. The Grays Harbor Eight Mile Site 
fulfilled its intended purpose in 1990 as a single-use disposal site, 
and monitoring indicates that there will be no unacceptable adverse 
impacts to the marine environment once the EPA relinquishes management 
of the site. Five other open-water dredged material disposal sites 
remain in close proximity to the mouth of Grays Harbor. These sites 
remain available for use for the disposal of suitable dredged material 
and are not affected by this withdrawal.

DATES: This rule is effective on September 24, 2018 without further 
notice, unless the EPA receives adverse comment by July 26, 2018. If 
the EPA receives adverse comment, the Agency will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R10-
OW-2018-0284; FRL-9979-31--Region 10], at http://www.regulations.gov. 
Follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. The EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the

[[Page 29707]]

primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets .
    Docket: All documents in the docket are listed in the http://www.regulations.gov/ index. Although listed in the index, some 
information may not be publicly available, e.g., confidential business 
information (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 http://www.regulations.gov/ or in hard copy at the EPA Region 10 Library, 1200 
Sixth Avenue, Seattle, Washington 98101. The EPA Region 10 Library is 
open from 9:00 a.m. to noon, and 1:00 to 4:00 p.m. Monday through 
Friday, excluding federal holidays. The EPA Region 10 Library telephone 
number is (206) 553-1289.

FOR FURTHER INFORMATION CONTACT: Bridgette Lohrman, Office of 
Environmental Review and Assessment, U.S. Environmental Protection 
Agency, Region 10, Oregon Operations Office, 805 SW Broadway, Suite 
500, Portland, OR 97205; (503) 326-4006, [email protected].

SUPPLEMENTARY INFORMATION:

1. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
adverse comment. In 1990, the EPA designated the Grays Harbor Eight 
Mile Site for the single purpose of serving as an ocean dredged 
material disposal site (ODMDS) for dredged material from the deepening 
of the Grays Harbor Federal Navigation Channel by the United States 
Army Corps of Engineers, Seattle District (USACE). The disposal site 
served this purpose in 1990, and the EPA is now taking the 
administrative action of withdrawing the site from regulation and 
relinquishing future management of the site. The site has not been used 
for disposal of dredged material since 1990 because such an action 
would require the EPA to re-designate the disposal site for a changed 
purpose. The EPA has not received any requests from the dredging 
community to use this site since 1990. Five other open-water dredged 
material disposal/placement sites remain in close proximity to the 
mouth of Grays Harbor. These five sites remain available for use, and 
are not affected by this withdrawal. The ability of the USACE, the Port 
of Grays Harbor, and other interested parties to find suitable dredged 
material disposal options will not be changed by this action. Post-
disposal monitoring at the Grays Harbor Eight Mile Site shows that the 
site does not have now and will not have unacceptable adverse effects 
on the marine environment into the future.

2. Does this action apply to me?

    In 1990, the EPA designated the Grays Harbor Eight Mile Site to be 
used for a single purpose, to receive dredged material from the 
deepening of the Grays Harbor Federal Navigation Channel in 1990. The 
site has served its intended purpose and has not been available for use 
since 1990. If an interested party wanted to use the Grays Harbor Eight 
Mile Site for the ocean disposal of dredged material, the EPA would 
need to administratively withdraw the site, designate the site with the 
new purpose, and provide for public comment. Thus, the current action 
to remove this ODMDS from EPA regulation and management does not affect 
any person seeking an open-water location to dispose of suitable 
dredged material. In addition, post-disposal monitoring at the Grays 
Harbor Eight Mile Site, conducted by the EPA and the USACE, 
demonstrates that the monitoring requirements set forth in the Site 
Management and Monitoring Plan (SMMP) of 1990 have been met, and that 
the EPA relinquishing management of the site will not cause an 
unacceptable adverse impact to the marine environment. For any 
questions regarding the applicability of this action to a particular 
person or entity, please refer to the contact person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

3. Background

a. History of Disposal Sites Near Grays Harbor, Washington

    EPA Region 10 designated both the Grays Harbor Eight Mile Site and 
the Southwest Navigation, or 3.9-Mile Site, on July 5, 1990, for the 
disposal of dredged material removed during the deepening of the Grays 
Harbor Federal Navigation Channel by the USACE in Grays Harbor, 
Washington. While the Southwest Navigation Site was designated for 
indefinite use, the Grays Harbor Eight Mile Site was designated for the 
single purpose of accommodating materials from the Federal navigation 
channel project, which was expected to occur over a two-to-three-year 
period beginning in 1990. The USACE disposed of 2.8 million cubic yards 
of dredged material at the Grays Harbor Eight Mile Site in 1990, and 
the site has not been used for the ocean disposal of dredged material 
since that time.
    The Grays Harbor Eight Mile Site is approximately 7.1 nautical 
miles (8 statute miles) offshore and west/northwest of the entrance to 
Grays Harbor (Figure 1). The Site is circular, with a radius of 0.40 
nautical miles on a central coordinate of 46[deg]57' N and 
124[deg]20.06' W. The site covers an area of approximately 0.5 square 
nautical miles. Water depths at the Grays Harbor Eight Mile Site range 
from 140 to 160 feet. The disposal site is characterized as being 
located on offshore relict gravel deposits, which contain no 
significant benthic fish or invertebrate communities.

[[Page 29708]]

[GRAPHIC] [TIFF OMITTED] TR26JN18.115

    In the final rule (55 FR 27634, July 5, 1990) designating the Grays 
Harbor Eight Mile Site, the EPA stated: ``EPA intends to de-designate 
the site after dumping at the site has been completed and monitoring 
indicates that the material has stabilized.'' This action stated that 
de-designation would occur within the five years following completion 
of disposal and monitoring activities. The USACE conducted two post-
disposal surveys of the ODMDS in 1991 and 1992 in accordance with the 
SMMP of 1990. The results of those two surveys did not satisfy all 
requirements of the SMMP. Additionally, the chemical analysis of the 
sediments at the disposal site at that time provided conclusive data 
documenting the presence of dioxins/furans and other contaminants at 
the Grays Harbor Eight Mile Site. Dioxin concentrations at the disposal 
site ranged from 0.49 to 1.88 [parts per trillion (pptr) dry weight TEQ 
(toxicity equivalent)]. These concentrations were not considered a risk 
to the marine environment at that time, and as a point of comparison, 
are well below the current marine screening level of 4 pptr dry weight 
TEQ, used for screening the suitability of open-water disposal of 
dredged material in Puget Sound today. The remote sensing data were 
inconclusive about the disposal mound height and areal extent. These 
two parameters were identified in the Grays Harbor Eight Mile Site 
designation documents and SMMP as indicators of stabilization. The EPA 
determined that additional data were warranted to assess whether the 
disposed material from the Grays Harbor Navigation Channel Deepening 
Project had stabilized.

b. Recent Events

    The EPA conducted a survey of the Grays Harbor Eight Mile Site on 
July 19, 2016 to assess the physical attributes of the site in 
preparation for formal withdrawal of the disposal site from EPA 
regulation and management. The main objective of the survey was to 
conduct a high-resolution multi-beam echo sounder survey to assess the 
bathymetry and surficial geology within and around the disposal site. 
The survey focused on characterizing sediments in and around the Grays 
Harbor Eight Mile Site to determine whether dredged material had spread 
beyond the site boundaries or created a mound that could impact 
navigation. The survey area was rectangular, containing the ODMDS and a 
500-foot buffer area.
    The 2016 survey revealed a disposal mound, ranging 1 to 7 feet 
above ambient seafloor elevations, within the ODMDS. This mound 
confirmed that dredged material was disposed within the ODMDS 
boundaries in 1990. The survey also revealed the appearance of dredged 
material slightly outside the northeast portion of the ODMDS. This is 
likely the result of movement of sediment by near-bottom currents on 
the seafloor after disposal was completed. The Grays Harbor Eight Mile 
SMMP predicted a mound on the seafloor of 10 to 15 feet from the 
disposal. Since the observed mound was only 1 to 7 feet high, it is 
likely that the seafloor currents have suspended the disposed material 
and redeposited it, either off the center of the mound or beyond the 
boundaries of the ODMDS, over time. This redistribution of disposed 
material from the original mound has not caused mounding of 
significance beyond the disposal site boundaries, based on the 
bathymetric survey results.
    The seafloor substrate within the Grays Harbor Eight Mile Site is a 
mix of unconsolidated to consolidated sediments, likely ranging from 
mud and silts to coarse sand. The 2016 bathymetric survey indicated 
that the disposal mound within the ODMDS consists of softer, probably 
fine-grained sediments. At the peak of this mound, the sediments appear 
to be coarser, which may be an indication of seafloor scour or fine-
grained material not settling on the seafloor but rather staying re-
suspended in the water column. The grain size within the

[[Page 29709]]

ODMDS is different from ambient grain sizes surrounding the disposal 
site. This is likely the result of disposal activities, and is limited 
to a small, discrete area within the site. Thus, any potential lasting 
effects on benthic infauna, or the epibenthic organisms which feed on 
these infauna, are negligible.

c. This Action

    This action is an administrative procedure to formally remove the 
Grays Harbor Eight Mile Site from regulation (40 CFR 228) and EPA 
management. The EPA will continue to manage the Grays Harbor Southwest 
Navigation Site, located 3.9 nautical miles from the mouth of Grays 
Harbor. The Grays Harbor Eight Mile Site that will be removed from 
regulation and EPA management is a circle with radius 0.40 statute 
miles, centered at: 46[deg]57' N, 124[deg]20.06' W, based upon the 
North American Datum of 1927.

4. 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 for major federal actions 
significantly affecting the quality of the human environment. NEPA does 
not apply to this action 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 where the preparation of NEPA documents for certain EPA 
regulatory actions, including action under the MPRSA, is appropriate, 
the EPA will prepare an environmental review document. The EPA's 
``Notice of Policy and Procedures for Voluntary Preparation of NEPA 
Documents'' (63 FR 58045, October 29, 1998), sets out both the policy 
and procedures the EPA uses when preparing such environmental review 
documents. The EPA has determined that no environmental review document 
is necessary for withdrawal of the Grays Harbor Eight Mile Site.

b. MSA and MMPA

    The EPA has found no evidence that the disposal of dredged material 
has affected the physical, chemical, or biological attributes of the 
Site which would impact Essential Fish Habitat (EFH) under Section 
305(b) of the Magnuson-Stevens Act, as amended (MSA), 16 U.S.C. 
1855(b)(2), nor affect marine mammals protected under the Marine Mammal 
Protection Act of 1972, as amended (MMPA), 16 U.S.C. 1361 to 1389.

c. CZMA

    The Coastal Zone Management Act, as amended (CZMA), 16 U.S.C. 1451 
to 1465, requires Federal agencies to determine whether their actions 
will be consistent to the maximum extent practicable with the 
enforceable policies of approved state programs. The EPA's withdrawal 
of the Grays Harbor Eight Mile Site from regulation will have no effect 
on the State of Washington's coastal zone because the disposal site is 
approximately four nautical miles seaward of the State's territorial 
sea and the EPA found no evidence that the disposal of dredged material 
has impacted the biological community, navigation safety, or ocean use 
inside or outside the disposal site.

d. ESA

    The Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 to 
1544, requires Federal agencies to consult with the National Marine 
Fisheries Service and the U.S. Fish and Wildlife Service 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 or 
threatened species or result in the destruction or adverse modification 
of any critical habitat. The withdrawal from regulation of the Grays 
Harbor Eight Mile Site will have no effect on listed or threatened 
species or on any critical habitat. The post-disposal monitoring 
conducted by EPA and the USACE indicates that the site will have no 
physical, chemical, or biological impacts to benthic marine species.

e. NHPA

    The National Historic Preservation Act, as amended (NHPA), 16 
U.S.C. 470 to 470a-2, 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. This site withdrawal will not affect any historic properties. 
The withdrawal of the Grays Harbor Eight Mile Site from EPA regulation 
means that management of the site by the EPA will be relinquished.

5. Statutory and Executive Order Reviews

    This rule withdraws one designated ocean dredged material disposal 
site pursuant to Section 102 of the MPRSA and 40 CFR 228.11. This 
action complies with applicable executive orders and statutory 
provisions as follows:

a. Executive Orders 12866 and 13563

    This 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 Paperwork Reduction Act (PRA). The EPA does not reasonably 
anticipate collection of information from ten or more people based on 
the lack of use of the site since 1990. Consequently, the direct final 
action is not subject to the PRA.

c. Regulatory Flexibility

    This action will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (RFA). This action will not impose any requirements on small 
entities. The RFA, as amended by the Small Business Regulatory 
Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et seq., 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 part 121; (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 has determined that this action will not 
have a significant economic impact on small entities because the rule 
will only have the effect of withdrawing one site

[[Page 29710]]

that had fulfilled its stated purpose when EPA designated the site in 
1990.

d. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-1538, and does 
not significantly affect small governments. The action imposes no new 
enforceable duty on any state, local or tribal governments or the 
private sector.

e. Executive Order 13132: Federalism

    This action does not have federalism implications. It does 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 various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175, because the withdrawal from EPA regulation of 
the Grays Harbor Eight Mile Site 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 action, the EPA consulted with tribal officials 
in the development of this action, particularly as it relates to 
potential impacts to tribal trust resources and tribal operations 
within the Quinault Indian Nation's Usual and Accustomed Area. The 
Quinault Indian Nation responded to EPA's request for Tribal 
Consultation on April 5, 2018, stating this action does not require 
government-to-government consultation.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action's health and risk assessments are contained in 
Section 3. Background, a. History of Disposal Sites near Grays Harbor, 
Washington.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

i. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in Section 5. Statutory 
and Executive Order Reviews, f. Executive Order 13175: Consultation and 
Coordination with Indian Tribal Governments.

k. Congressional Review Act

    This action is subject to the Congressional Review Act (CRA), and 
the EPA will submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. This action is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

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: May 24, 2018.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set out in the preamble, the EPA amends title 40, 
chapter I, subchapter H 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.


Sec.  228.15   [Amended]

0
2. Section 228.15 is amended by removing and reserving paragraph 
(n)(10).

[FR Doc. 2018-13715 Filed 6-25-18; 8:45 am]
 BILLING CODE 6560-50-P