80 FR 29537 - Modification of the Designations of the Caribbean Ocean Dredged Material Disposal Sites
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 99 (May 22, 2015)
Federal Register Volume 80, Issue 99 (May 22, 2015)
| Page Range | 29537-29539 | |
| FR Document | 2015-12335 |
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)] [Rules and Regulations] [Pages 29537-29539] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12335] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: reiss.mark@epa.gov. 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
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Although EPA is disapproving portions DATES: This final rule is effective on in managing dredged materials outside
of Illinois’ submission addressing the June 22, 2015. the specific harbors provided for in the
prevention of significant deterioration, ADDRESSES: EPA has established a original designations.
Illinois continues to implement the docket for this action under Docket ID The background for today’s action is
Federally promulgated rules for this No. EPA–R02–OW–2014–0587. All discussed in detail in EPA’s October 14,
purpose as they pertain to (C), (D)(i)(II), documents in the docket are listed on 2014, proposal (79 FR 61591). The EPA
and the prevention of significant the http://www.regulations.gov Web received two comments on the proposed
deterioration (PSD) portion of (J). site. Although listed in the index, some rule that supported the rulemaking. One
[FR Doc. 2015–12355 Filed 5–21–15; 8:45 am] information is not publicly available, of the letters raised some general
e.g., CBI or other information whose concerns about the need to ensure that
BILLING CODE 6560–50–P
disclosure is restricted by statute. sensitive marine habitats are not
Certain other material, such as adversely impacted by activities
ENVIRONMENTAL PROTECTION copyrighted material, is not placed on allowed by this rulemaking.
AGENCY Modification of the designation of
the Internet and will be publicly
ocean disposal sites under 40 CFR part
available only in hard copy form.
40 CFR Part 228 228 is essentially a preliminary,
Publicly available docket materials are
planning measure. The practical effect
available either electronically through
[EPA–R2–OW–2014–0587; FRL–9928–04- of such a designation is only to require
http://www.regulations.gov or in hard
Region 2] that if future ocean disposal activity is
copy by appointment at the Dredging,
permitted and/or authorized (in the case
Sediment and Oceans Section (CWD),
Modification of the Designations of the of Corps projects) under 40 CFR part
U.S. Environmental Protection Agency,
Caribbean Ocean Dredged Material 227, then such disposal should
Region 2, 290 Broadway, New York, NY
Disposal Sites normally be consolidated at the
10007. This Docket Facility is open from designated sites (see 33 U.S.C. 1413(b).)
AGENCY: Environmental Protection 8:30 a.m. and 4:30 p.m., Monday Modification of the designation of an
Agency (EPA). through Friday, excluding legal ocean disposal site does not authorize
ACTION: Final rule. holidays. The Docket telephone number any actual disposal and does not
is 212–637–3799. preclude EPA or the Corps from finding
SUMMARY: Through this rulemaking, the FOR FURTHER INFORMATION CONTACT: available and environmentally
U.S. Environmental Protection Agency Mark Reiss, Clean Water Division preferable alternative means of
(EPA) is modifying the designations for Region 2 (24th Floor), Environmental managing dredged materials, or from
the five Ocean Dredged Material Protection Agency, 290 Broadway New finding that certain dredged material is
Disposal Sites (ODMDS) around Puerto York, NY 10007; telephone number: not suitable for ocean disposal under
Rico (San Juan Harbor, PR ODMDS; 212–637–3799; fax number: 212–637– the applicable regulatory criteria.
Yabucoa Harbor, PR ODMDS; Ponce 3891; email address: reiss.mark@ This modification provides flexibility
Harbor, PR ODMDS; Mayaguez Harbor, epa.gov. for management of dredged material
PR ODMDS; Arecibo Harbor, PR from areas outside the harbors provided
SUPPLEMENTARY INFORMATION:
ODMDS). Currently, each of the ODMDS for in the original designations.
is restricted to only allow disposal of Table of Contents However, it should be emphasized that
dredged material from the specific I. Background modification of the designations of the
harbor for which it is named. This II. Final Action ODMDS does not constitute or imply
modification removes the restriction III. Regulatory Reviews Corps’ or EPA’s approval of open water
that limits eligibility for disposal at each IV. Statutory and Executive Order Reviews disposal of dredged material from any
of the disposal sites based solely on the specific project. Before disposal of
geographic origin of the dredged I. Background
dredged material at any site may
material. The modifications to the site Section 102(c) of the Marine commence, Essential Fish Habitat and
designations do not actually authorize Protection, Research, and Sanctuaries Endangered Species Act consultations
the disposal of any particular dredged Act (MPRSA) of 1972, as amended, 33 must be completed, and EPA and the
material at any site. All proposals to U.S.C. 1401 et seq., gives the Corps must evaluate the proposal and
dispose of dredged material at any of the Administrator of EPA the authority to authorize disposal according to the
designated sites will continue to be designate sites where ocean disposal ocean dumping regulatory criteria (40
subject to project-specific reviews and may be permitted. On October 1, 1986, CFR part 227). All projects proposed for
must still be demonstrated to satisfy the the Administrator delegated the disposal at the ODMDS will be subject
criteria for ocean dumping before any authority to designate ocean disposal to review and comment by the relevant
material is authorized for disposal. This sites to the Regional Administrator of resource agencies and the public to
rulemaking was taken to provide long- the Region in which the sites are ensure that any concerns regarding
term flexibility for management of any located. These modifications are being potential impacts associated with
dredged material that may potentially be made pursuant to that authority. EPA is transport of material from the project
derived from maintenance, conducting this rulemaking to remove area to the ODMDS are addressed before
development, or emergency activities in the geographic restrictions on the origin they are authorized for disposal. All
areas outside those harbors provided for of the dredged material that can be transport and disposal activities must
in the original designations. The disposed from the designations of the adhere to the strict provisions and
modifications to the site designations San Juan Harbor, PR Ponce Harbor, PR, restrictions laid out for each site in its
tkelley on DSK3SPTVN1PROD with RULES
are for an indefinite period of time. Each Yabucoa Harbor, PR, Mayaguez Harbor, Site Monitoring and Management Plan,
ODMDS will continue to be monitored PR and Arecibo Harbor, PR ODMDSs. which include specific monitoring and
to ensure that significant unacceptable, The site modifications in this action management requirements to avoid
adverse environmental impacts do not provide the Corps, Commonwealth of impacts to sensitive habitats. Finally,
occur as a result of dredged material Puerto Rico, municipal, and private EPA has the right to disapprove the
disposal at the site. entities with greater long term flexibility actual disposal, if it determines that
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(11) * * * The Trust Fund will contain 80 percent Section 1850.2 Definitions
(vi) Restriction: Disposal shall be of the administrative and civil penalties The agency commenter suggested
limited to dredged material. paid by the responsible parties after July adding three new definitions: FOIA
(12) * * * 6, 2012, under the Federal Water public liaison, requester category, and
(vi) Restriction: Disposal shall be Pollution Control Act in connection fee waiver. The Council accepts this
limited to dredged material. with the Deepwater Horizon oil spill. comment and the definitions can be
(13) * * * These funds will be invested and made found at new paragraphs 1850.2(i), (j),
(vi) Restriction: Disposal shall be available through five components of and (s).
limited to dredged material. the RESTORE Act.
(14) * * * Two of the five components, the Section 1850.4 Public Reading Room
(vi) Restriction: Disposal shall be Comprehensive Plan and Spill Impact One commenter asked whether
limited to dredged material. Components, are administered by the documents will be placed online for the
* * * * * Council, an independent federal entity public to access without request. The
[FR Doc. 2015–12335 Filed 5–21–15; 8:45 am] created by the RESTORE Act. Under the Council is committed to making
BILLING CODE 6560–50–P Comprehensive Plan Component (33 documents of interest to the public
U.S.C. 1321(t)(2)), 30 percent of funds in available online in its public reading
the Trust Fund (plus interest) are room on its Web site, http://
GULF COAST ECOSYSTEM available to develop a Comprehensive www.restorethegulf.gov. This
RESTORATION COUNCIL Plan to restore the ecosystem and the commitment is documented in section
economy of the Gulf Coast Region. 1850.4 of these regulations. No change
40 CFR Part 1850 Under the Spill Impact Component (33 was made to the regulations in response
[Docket Number: 105002015–1111–05] U.S.C. 1321(t)(3)), 30 percent of funds in to this comment.
the Trust Fund will be disbursed to the Section 1850.5 Requirements for
Procedures for Disclosure of Records five Gulf Coast States (Alabama, Florida, Making Requests
Under the Freedom of Information Act Louisiana, Mississippi, and Texas) or
and Privacy Act their administrative agents based on an The agency commenter suggested that
allocation formula established by the the Council’s wording of paragraph
AGENCY: Gulf Coast Ecosystem Council by regulation based on criteria 1850.5(b) where the Council describes
Restoration Council. in the RESTORE Act. its process for contacting a requester to
ACTION: Final rule. narrow the scope of a request has a
II. Public Comments and Summary of negative connotation. The agency
SUMMARY: This rule sets forth the Gulf Changes to Final Rule commenter suggested alternative text
Coast Ecosystem Restoration Council’s On February 9, 2015, the Council that the Council has incorporated into
(Council) regulations regarding the proposed a draft rule implementing its paragraph 1850.5(b).
Freedom of Information Act (FOIA), obligations to make records available The agency commenter also suggested
Privacy Act (PA), and declassification under the Freedom of Information Act adding two paragraphs to the end of
and public availability of national (FOIA) and Privacy Act (PA). 80 FR section 1850.5 to help explain the
security information. The FOIA and PA 6934. The FOIA regulations govern interaction of the Council’s FOIA and
require each agency to promulgate third-party requests for information PA regulations and the effect on a
regulations implementing the provisions controlled by the Council. The PA request for Council records pertaining to
of those laws and this Final Rule fulfills regulations govern first-party requests another individual of submitting proof
that mandate, facilitating public access for his or her own information. The of death or a notarized authorization to
to Council records. Council provided a public comment access records by that individual. The
DATES: This rule becomes effective on period of 30 days and received Council accepts this comment and the
June 22, 2015. comments from four separate paragraphs can be found at new
commenters, three citizens and one paragraphs 1850.5(e) and (f).
ADDRESSES: The Council posted all
comments on the proposed FOIA and Federal agency. The recommendations Section 1850.6 Responding to Records
PA regulations on its Web site, http:// contained in the four comments are The agency commenter suggested
www.restorethegulf.gov/, without summarized below section by section, consistency edits to paragraph 1850.6(a)
change, including any business or along with the Council’s responses to to keep the terminology of simple and
personal information provided, such as the recommendations. The Council also complex track processing consistent.
names, addresses, email addresses, or posted all comments on its Web site, The Council accepts this comment and
telephone numbers. All comments http://www.restorethegulf.gov/, without the revised language can be found in
received are part of the public record change, including any business or paragraph 1850.6(a).
and subject to public disclosure. personal information provided, such as The agency commenter recommended
FOR FURTHER INFORMATION CONTACT: names, addresses, email addresses, or that the Council modify paragraph
Jeffrey Roberson at 202–482–1315. telephone numbers. All comments 1850.6(c)(1) to include a requirement
SUPPLEMENTARY INFORMATION:
received are part of the public record that the Council Records Management
and subject to public disclosure. Officer provide the requester with a
I. Background unique tracking number, an estimated
Section-by-Section Analysis
The RESTORE Act, Public Law 112– date of completion (once the request is
141 (July 6, 2012), codified at 33 U.S.C. Section 1850.1 Purpose and Scope perfected) and a fee estimate (when
tkelley on DSK3SPTVN1PROD with RULES
1321(t) and note, makes funds available The agency commenter suggested that applicable). The agency commenter also
for the restoration and protection of the the Council include language clarifying suggested that the Council include in its
Gulf Coast Region through a new trust the intersection of FOIA and the PA. acknowledgment to the requester a brief
fund in the Treasury of the United The Council accepts this comment and description of the subject of the request
States, known as the Gulf Coast the suggested language can be found in to aid both the requester and the
Restoration Trust Fund (Trust Fund). the last paragraph of section 1850.1. Council in keeping track of multiple
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Document Created: 2015-12-15 15:45:36
Document Modified: 2015-12-15 15:45:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on June 22, 2015. | |
| 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- | |
| FR Citation | 80 FR 29537 | |
| CFR Associated | Environmental Protection and Water Pollution Control |
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