[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Proposed Rules]
[Pages 59744-59746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24066]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R04-OW-2019-0592; FRL-10001-81-Region 4]
Ocean Dumping: Cancellation of Final Designation for an Ocean
Dredged Material Disposal Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to cancel
the final designation of an ocean dredged material disposal site
(ODMDS) pursuant to the Marine Protection, Research and Sanctuaries
Act, as amended (MPRSA). The ODMDS is in the Atlantic Ocean offshore
Wilmington, North Carolina. This proposed action is being taken because
this site has been replaced by another permanent site. In addition, the
EPA proposes to rename the permanent site that exists for the
Wilmington, North Carolina area.
DATES: Comments must be received by December 23, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OW-2019-0592, 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: Gary W. Collins, U.S. Environmental Protection
Agency, Region 4, Water Division, Oceans and Estuarine Management
Section, 61 Forsyth Street, Atlanta, Georgia 30303.
Instructions: Direct your comments to Docket ID No. EPA-R04-OW-
2019-0592. 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 website 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: Gary W. Collins, U.S. Environmental
Protection Agency, Region 4, Water Division, Oceans and Estuarine
Management Section, 61 Forsyth Street, Atlanta, Georgia 30303; phone
number (404) 562-9395; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Potentially Affected Persons
Persons potentially affected by this proposed 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 Wilmington, North Carolina.
Currently, the U.S. Army Corps of Engineers (USACE) would be most
affected by this action. Potentially affected categories and persons
include:
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Examples of potentially regulated
Category persons
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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 owning and/or
governments. responsible for ports, harbors, and/
or berths, government agencies
requiring disposal of dredged
material associated with public
works projects.
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[[Page 59745]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding persons likely to be affected by this
proposed action. For any questions regarding the applicability of this
proposed action to a particular person, please refer to the contact
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
II. Background
Section 102(c) of the Marine Protection, Research, and Sanctuaries
Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the
Administrator of EPA the authority to designate sites where ocean
disposal may be permitted. On October 1, 1986, the Administrator
delegated the authority to designate ocean disposal sites to the
Regional Administrator of the Region in which the sites are located.
This proposed cancellation is being made pursuant to that authority.
The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR
chapter I, subchapter H, Sec. 228.11) state that modifications in
disposal site use which involve withdrawal of disposal sites from use
will be made by promulgation in part 228. This site cancellation is
being published as proposed rulemaking in accordance with Sec.
228.11(a) of the Ocean Dumping Regulations, which permits the
withdrawal of designated disposal sites from use based upon changed
circumstances concerning use of the site.
III. Proposed Action
The proposed cancellation of the designation of this site is needed
as a housekeeping measure. The ODMDS is no longer a suitable disposal
option and has no foreseeable need. The Wilmington site has been
replaced by a larger site due to changes in alignment of the Federal
navigation channel, which now cuts through the original ODMDS. EPA also
proposes to change the name of the New Wilmington ODMDS to the
Wilmington ODMDS.
IV. Statutory and Executive Order Reviews
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 proposed 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 action
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. After
considering the economic impacts of this proposed rule, EPA certifies
that this action will not have a significant economic impact on a
substantial number of small entities. This proposed rule will not
impose any requirements on 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.
e. Executive Order 13132: Federalism
This proposed 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, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this action. The EPA specifically solicits comment 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 proposed action 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. 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.
h. Executive Order 13211: Actions Concerning Regulations 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.
i. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law
[[Page 59746]]
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 does not
involve technical standards. Therefore, the EPA is not considering the
use of any voluntary consensus standards.
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. This proposed action is only cancelling the designation of
an ODMDS which is no longer viable.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Authority: This proposed 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: August 27, 2019.
Mary S. Walker,
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 Register 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 removing and reserving paragraph (h)(2)
and revising paragraph (h)(20) introductory text to read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(h) * * *
(20) Wilmington, North Carolina; Ocean Dredged Material Disposal
Site.
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[FR Doc. 2019-24066 Filed 11-5-19; 8:45 am]
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