80_FR_29636 80 FR 29537 - Modification of the Designations of the Caribbean Ocean Dredged Material Disposal Sites

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)

Page Range29537-29539
FR Document2015-12335

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.

Federal Register, Volume 80 Issue 99 (Friday, May 22, 2015)
[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]


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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.

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

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



                                                                  Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations                                         29537

                                            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
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                                            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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                                            29538                 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations

                                            environmental requirements under the                     consultation with the National Marine                  Technology Transfer and
                                            MPRSA (including required Essential                      Fisheries Service in that modification                 Advancement Act of 1995 (Pub. L.
                                            Fish Habitat and Endangered Species                      of the designations of the ocean                       104–113, 12(d) (15 U.S.C. 272 note) as
                                            Act consultations) have not been met.                    disposal sites is not expected to have                 it does not involve technical
                                               Enabling management of the                            significant impacts to marine fishery                  standards;
                                            additional dredged materials at                          resources; and                                       —It will not have a disproportionately
                                            monitored designated sites restricts                    —It complies with the Coastal Zone                      high and adverse human health or
                                            impacts to those areas and minimizes                     Management Act, regarding federal                      environmental effects on minority or
                                            the potential for using other near shore                 activities that affect a state’s coastal               low-income populations subject to
                                            discharge strategies with potentially                    zone in that the Corps will submit                     Executive Order 12898 (59 FR 7629);
                                            greater impacts to the marine                            Coastal Zone Consistency                             — EPA has written this rulemaking in
                                            environment. As such, this rulemaking                    determinations to the Commonwealth                     plain language to be consistent with
                                            would afford additional protection of                    of Puerto Rico for individual projects                 the Plain Language Directive of
                                            aquatic organisms at individual,                         proposing to dispose at the sites.                     Executive Order 12866; and
                                            population, community, or ecosystem                                                                           — It will provide additional protection
                                            levels of ecological structures and                     IV. Statutory and Executive Order                       of aquatic organisms and therefore
                                            sensitive marine habitats will not be                   Reviews                                                 advances the objective of Executive
                                            adversely impacted by activities                          Details of the applicability of                       Order 13158 (65 FR 34909, May 31,
                                            allowed by this rulemaking.                             executive orders and statutory                          2000) to protect marine areas.
                                                                                                    provisions to this rule are in EPA’s                    The Congressional Review Act, 5
                                            II. Final Action
                                                                                                    October 14, 2014, proposed rule, 79 FR                U.S.C. 801 et seq., as amended by the
                                               The EPA hereby modifies the                          61591. To summarize, this final rule                  Small Business Regulatory Enforcement
                                            designations of Arecibo Harbor PR                       complies with applicable executive                    Fairness Act of 1996, generally provides
                                            Ocean Disposal Site, Mayaguez Harbor                    orders and statutory provisions as                    that before a rule may take effect, the
                                            PR Ocean Disposal Site, Ponce Harbor                    follows:                                              agency promulgating the rule must
                                            PR Ocean Disposal Site, San Juan                        —It is not a ‘‘significant regulatory                 submit a rule report, which includes a
                                            Harbor PR Ocean Disposal Site and                         action’’ subject to Office of                       copy of the rule, to each House of the
                                            Yabucoa Harbor PR Ocean Disposal Site                     Management and Budget (OMB)                         Congress and to the Comptroller General
                                            by removing the geographic restrictions                   review under Executive Order 12866                  of the United States. The EPA will
                                            on the origin of dredged material that                    (58 FR 51735, October 4, 1993);                     submit a report containing this action
                                            can be managed at each site. This                       —It does not impose an information                    and other required information to the
                                            modification is made pursuant to                          collection burden under the                         U.S. Senate, the U.S. House of
                                            MPRSA section 102(c). These ocean                         provisions of the Paperwork                         Representatives, and the Comptroller
                                            disposal sites are located in ocean                       Reduction Act 44 U.S.C. 3501 et seq;                General of the United States prior to
                                            waters off Puerto Rico outside the                      —It is certified as not having a                      publication of the rule in the Federal
                                            harbors corresponding to their names.                     significant economic impact on a                    Register.
                                            III. Regulatory Reviews                                   substantial number of small entities
                                                                                                      under the Regulatory Flexibility Act                List of Subjects in 40 CFR Part 228
                                               Details of the regulatory requirements                                                                       Environmental protection, Water
                                                                                                      (5 U.S.C. 601);
                                            of this rule are in EPA’s October 14,                   —It does not contain any unfunded                     pollution control.
                                            2014, proposed rule, 79 FR 61591. To                      mandate or significantly or uniquely
                                            summarize, this final rule complies as                                                                            Authority: 33 U.S.C. 1412 and 1418.
                                                                                                      affect small governments, as described
                                            follows:                                                  in the Unfunded Mandates Reform                       Dated: April 20, 2015.
                                            —It complies with the National                            Act of 1995 (Public Law 104–4);                     Judith A. Enck,
                                               Environmental Policy Act of 1969 (42                 —It does not have Federalism                          Regional Administrator, Region 2.
                                               U.S.C. 4332) under the doctrine of                     implications as specified in Executive                 In consideration of the foregoing, EPA
                                               functional equivalency; the EPA has                    Order 13132 (64 FR 43255, August 10,                hereby amends part 228, chapter I of
                                               relied on information from the final                   1999);                                              title 40 of the Code of Federal
                                               Environmental Impact Statement in                    —It is not an economically significant                Regulations as follows:
                                               its consideration and application of                   regulatory action based on health or
                                               ocean dumping criteria to                              safety risks subject to Executive Order             PART 228—CRITERIA FOR THE
                                               modification of the designations of                    13045 (62 FR 19885, April 23, 1997);                MANAGEMENT OF DISPOSAL SITES
                                               the San Juan Harbor, PR Ponce                        —It has no Tribal implications, as                    FOR OCEAN DUMPING
                                               Harbor, PR, Yabucoa Harbor, PR,                        specified in Executive Order 13175
                                               Mayaguez Harbor, PR and Arecibo                        (65 FR 67249, November 9, 2000);                    ■ 1. The authority citation for part 228
                                               Harbor, PR dredged material sites;                   —It is not an economically significant                continues to read as follows:
                                            —It complies with the Endangered                          regulatory action subject to Executive                  Authority: 33 U.S.C. 1412 and 1418.
                                               Species Act (16 U.S.C. 1536(a)(2),                     Order 12866 (62 FR 19885, April 23,
                                                                                                                                                          ■ 2. Section 228.15 is amended by
                                               regarding consultations with the U.S.                  1997), and does not present a
                                                                                                                                                          revising paragraphs (d)(10)(vi),
                                               Fish and Wildlife Service and                          disproportionate risk to children;
                                                                                                                                                          (d)(11)(vi), (d)(12)(vi), (d)(13)(vi), and
                                               National Marine Fisheries Service in                 —It is not a significant regulatory action
                                                                                                                                                          (d)(14)(vi) to read as follows:
                                               that modification of the designations                  under Executive Order 12866 and so
                                               of the ocean disposal sites is not                     is not subject to Executive Order                   § 228.15 Dumping sites designated on a
tkelley on DSK3SPTVN1PROD with RULES




                                               expected to adversely affect any                       13211, ‘‘Actions Concerning                         final basis.
                                               threatened or endangered species or                    Regulations That Significantly Affect               *     *     *     *    *
                                               their critical habitat;                                Energy Supply, Distribution, or Use’’                 (d) * * *
                                            —It complies with the Magnuson-                           (66 FR 28355 (May 22, 2001) ;                         (10) * * *
                                               Stevens Fishery Conservation and                     —It is not subject to requirements of                   (vi) Restriction: Disposal shall be
                                               Management Act of 1996 regarding                       Section 12(d) of the National                       limited to dredged material.


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                                                                  Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations                                         29539

                                              (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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on June 22, 2015.
ContactMark 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 Citation80 FR 29537 
CFR AssociatedEnvironmental Protection and Water Pollution Control

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