80 FR 34871 - Ocean Dumping: Proposed Modification of Final Site Designation
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 117 (June 18, 2015)
Federal Register Volume 80, Issue 117 (June 18, 2015)
| Page Range | 34871-34874 | |
| FR Document | 2015-15002 |
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)] [Proposed Rules] [Pages 34871-34874] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15002] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 228 [EPA-R06-OW-2015-0121; FRL-9929-30-Region 6] Ocean Dumping: Proposed Modification of Final Site Designation AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency EPA proposes to modify the use restrictions of the Galveston, TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX and Brazos Island Harbor (42-Foot Project), TX Ocean Dredged Material Disposal Sites (ODMDSs) located in the Gulf of Mexico offshore of Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, Texas, respectively. These sites are EPA designated ocean dumping sites for the disposal of suitable dredged material. This proposed action is being taken because there are current restrictions in place with language that prevent disposal of suitable dredged material from locations other than the federal channels. The United States Army Corps of Engineers Galveston District has requested EPA amend the restrictions to allow disposal of suitable dredged material from the vicinity of federal navigation channels to alleviate pressure on the capacity of their upland dredged material placement areas, when necessary. DATES: Comments. Comments on this proposed rule must be received on or before August 3, 2015. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OW- 2015-0121, by one of the following methods: Federal e-Rulemaking Portal: http://www.regulations.gov; follow the online instruction for submitting comments.Email: Dr. Jessica Franks at [email protected]. Fax: Dr. Jessica Franks, Marine and Coastal Section (6WQ- EC) at fax number 214-665-6689. Mail: Dr. Jessica Franks, Marine and Coastal Section (6WQ- EC), Environmental Protection Agency, Mailcode: (6WQ-EC), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Instructions: Direct your comments to Docket No. EPA-R06-OW-2015- 0121. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov [[Page 34872]] or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Marine and Coastal Section (6WQ-EC), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cent per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. FOR FURTHER INFORMATION CONTACT: Jessica Franks, Ph.D., Marine and Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-8335, fax number (214) 665-6689; email address [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents A. Potentially Affected Persons B. Background C. Proposed Action D. Administrative Review Executive Order 12886 Paperwork Reduction Act Regulatory flexibility Act, as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 Unfunded Mandates Executive Order 13132: Federalism Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Compliance With Administrative Procedure Act National Technology Transfer Advancement Act Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations List of subjects in 40 CFR Part 228 Part 228--(AMENDED) A. Potentially Affected Persons Persons potentially affected by this action include those who seek or might seek permits or approval by EPA to dispose of dredged material into ocean waters pursuant to the Marine Protection Research and Sanctuaries Act, 33 U.S.C. 1401 et seq. EPA's action would be relevant to persons, including organizations and government bodies seeking to dispose of dredged material in ocean waters offshore of Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, Texas. Currently, the U.S. Army Corps of Engineers (Corps) and other persons with permits to use designated sites offshore of Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield, and Brownsville, Texas would be most impacted by this final action. Potentially affected categories and persons include: ------------------------------------------------------------------------ Category Examples of potentially regulated persons ------------------------------------------------------------------------ Federal government........... USACE Civil Works and O & M projects; other Federal agencies, including the Department of Defense. Industry and general public.. Port authorities, marinas and harbors, shipyards and marine repair facilities, berth owners. State, local and tribal Governments owning and/or responsible for governments. ports, harbors, and/or berths, Government agencies requiring disposal of dredged material associated with public works projects. ------------------------------------------------------------------------ This table is not intended to be exhaustive, but rather provides a guide for readers regarding persons likely to be affected by this action. For any questions regarding the applicability of this action to a particular entity, please refer to the contact person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. Background Section 102(c) of the Marine Protection, Research, and Sanctuaries Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the Administrator of EPA the authority to designate sites where ocean disposal may be permitted. On October 1, 1986, the Administrator delegated the authority to designate ocean disposal sites to the Regional Administrator of the Region in which the sites are located. These proposed modification are being made pursuant to that authority. The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR Chapter I, Subchapter H, Section 228.11) state that modifications in disposal site use which involve withdrawal of disposal sites from use or permanent changes in the total specified quantities or types of wastes permitted to be discharged to a specific disposal site will be made by promulgation in this Part 228. This site modification of types of wastes permitted to be discharged to a specific disposal site are being published as proposed rulemaking in accordance with Sec. 228.11(a) of the Ocean Dumping Regulations, which permits changes in the total specified quantities or types of wastes permitted to be discharged to a specific disposal site based upon changed circumstances concerning use of the site. C. Proposed Action The proposed modification of the use restrictions on the Galveston, TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX and Brazos Island Harbor [[Page 34873]] (42-Foot Project), TX ODMDSs was requested by the US Army Corps of Engineers Galveston District in a March 27, 2015 letter. The current wording within the 40CFRSec. 228.15 restricts the use of these ODMDS to only dredged material originating from specific federal channel reaches associated with each ODMDS. For Freeport Harbor, TX, New Work (45 Foot Project) ODMDS and the Brazos Island Harbor (42-Foot Project), the ODMDSs are restricted to receive only construction dredged material from channel improvement projects at Freeport and Brazos Island Harbor, respectively. Modeling shows that future disposal capacity is limited at the placement areas typically used by the Galveston District when ocean disposal is not an option. As a result of these limitations, there is a need to change the use restrictions placed on these ODMDSs to include suitable dredged material from the greater vicinities of the respective federal channels. The proposed restriction modification will provide for sufficient future dredged material disposal capacity for material originating from dredging areas within each Federal channel and its vicinity. D. Administrative Review 1. Executive Order 12866 Under Executive Order 12866 (58 FR 51735, October 4, 1993) EPA must determine whether the regulatory action is ``significant,'' and therefore subject to office of Management and Budget (OMB) review and other requirements of the Executive Order. The Order defines ``significant regulatory action'' as one that is likely to lead to a rule that may: (a) Have an annual effect on the economy of $100 million or more, or adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or Tribal governments or communities; (b) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (c) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof: or (d) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. This Proposed Rule should have minimal impact on State, local, or Tribal governments or communities. Consequently, EPA has determined that this Proposed Rule is not a ``significant regulatory action'' under the terms of Executive Order 12866. 2. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to minimize the reporting and recordkeeping burden on the regulated community, as well as to minimize the cost of Federal information collection and dissemination. In general, the Act requires that information requests and record-keeping requirements affecting ten or more non-Federal respondents be approved by OMB. Since the Proposed Rule would not establish or modify any information or recordkeeping requirements, but only clarifies existing requirements, it is not subject to the provisions of the Paperwork Reduction Act. 3. Regulatory Flexibility Act, as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. This proposed rule will not impose any requirements on small entities. The modification of the Galveston, TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX and Brazos Island Harbor (42-Foot Project), TX ODMDSs broadens the use of the sites providing additional options for dredged material placement in the Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, Texas vicinities. For these reasons, the Regional Administrator certifies, pursuant to section 605(b) of the RFA, that the Proposed Rule will not have a significant economic impact on a substantial number of small entities. 4. Unfunded Mandates Reform Act This Proposed Rule contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) of 1995 (Pub. L. 104-4) for State, local, or tribal governments or the private sector that may result in estimated costs of $100 million or more in any year. It imposes no new enforceable duty on any State, local or tribal governments or the private sector nor does it contain any regulatory requirements that might significantly or uniquely affect small government entities. Thus, the requirements of section 203 of the UMRA do not apply to this Proposed Rule. 5. Executive Order 13132: Federalism Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. ``Policies that have federalism implications'' are defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This Proposed Rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ``meaningful and timely input by Tribal officials in the development of regulatory policies that have Tribal implications.'' This Final Rule does not have Tribal implications, as defined in Executive Order 13175. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This Executive Order (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, EPA must evaluate the environmental health or safety effects of the planned rule on children, and explain why the [[Page 34874]] planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by EPA. This Proposed Rule is not subject to the Executive Order because it is not economically significant as defined in Executive Order 12866, and because EPA does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Compliance With Administrative Procedure Act This Proposed Rule is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. 9. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. This Proposed Rule does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. 10. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Executive Order 12898 (59 FR 7629) directs Federal agencies to determine whether the Proposed Rule would have a disproportionate adverse impact on minority or low-income population groups within the project area. The Proposed Rule would not significantly affect any low- income or minority population. List of Subjects in 40 CFR Part 228 Environmental protection, Water pollution control. Dated: June 8, 2015. Ron Curry, Regional Administrator, Region 6. For the reasons stated in the preamble, EPA is proposing to amend 40 CFR part 228 as follows: PART 228-- CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING 0 1. The authority citation for part 228 continues to read as follows: Authority: 33 U.S.C. 1412 and 1418. 0 2. Section 228.15 is amended by revising paragraphs (j)(12)(vi), (j)(13)(vi), (j)(14)(vi), (j)(15)(vi), (j)(17)(vi), (j)(18)(vi), (j)(19)(vi), (j)(20)(vi) to read as follows: Sec. 228.15 Dumping sites designated on a final basis. * * * * * (j) * * * (12) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Houston-Galveston, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (13) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Freeport, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (14) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Freeport, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (15) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Matagorda, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (17) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Corpus Christi, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (18) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Port Mansfield, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (19) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Brownsville, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (20) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Brownsville, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. * * * * * [FR Doc. 2015-15002 Filed 6-17-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules 34871
the extent feasible, to parties with proposed Conflict of Interest Rule and SUMMARY: The Environmental Protection
similar interests who select a common proposed prohibited transaction Agency EPA proposes to modify the use
representative to testify on their behalf. exemptions published in the Federal restrictions of the Galveston, TX
Any persons not afforded an Register on April 20, 2015 (80 FR Dredged Material Site, Freeport Harbor,
opportunity to testify will still have an 21928). The hearing will be held TX, New Work (45 Foot Project),
opportunity to submit a written beginning at 9 a.m. EDT in the César E. Freeport Harbor, TX, Maintenance (45
statement on the issues specified in Chávez Memorial Auditorium of the Foot Project), Matagorda Ship Channel,
their request to testify. Such statements U.S. Department of Labor, Frances TX, Corpus Christi Ship Channel, TX,
will be included in the record. Perkins Building, 200 Constitution Port Mansfield, TX, Brazos Island
To facilitate the receipt and Avenue NW., Washington, DC 20210. Harbor, TX and Brazos Island Harbor
processing of requests to testify, EBSA (42-Foot Project), TX Ocean Dredged
encourages interested persons to submit Notice of Extension of Comment Period
Material Disposal Sites (ODMDSs)
their request to testify at the hearing and Notice is hereby given that the period located in the Gulf of Mexico offshore
outlines by email to e-ORI@dol.gov, for submitting comments on the of Galveston, Freeport, Matagorda,
subject line: Conflict of Interest Rule proposed Conflict of Interest Rule and Corpus Christi, Port Mansfield and
Hearing. Persons submitting requests proposed prohibited transaction Brownsville, Texas, respectively. These
and outlines electronically should not exemptions published in the Federal sites are EPA designated ocean dumping
submit paper copies. Persons submitting Register on April 20, 2015 (80 FR sites for the disposal of suitable dredged
requests and outlines on paper should 21928, et seq.) is being extended until material. This proposed action is being
send or deliver their requests and July 21, 2015. Information on how to taken because there are current
outlines to the Office of Regulations and submit comments by email, mail, by restrictions in place with language that
Interpretations, Employee Benefits hand, or by courier is in the Notice of prevent disposal of suitable dredged
Security Administration, Attn: Conflict Proposed Rulemaking and Notices of material from locations other than the
of Interest Rule Hearing, Room N–5655, Proposed Exemptions published in the federal channels. The United States
U.S. Department of Labor, 200 Federal Register on April 20, 2015. Army Corps of Engineers Galveston
Constitution Avenue NW., Washington, Those documents are also available District has requested EPA amend the
DC 20210. All requests and outlines electronically at www.dol.gov/ebsa/regs/ restrictions to allow disposal of suitable
submitted will be available to the conflictsofinterest.html. All comments dredged material from the vicinity of
public, without charge, online at will be available to the public, without federal navigation channels to alleviate
http://www.dol.gov/ebsa and at the charge, online at http:// pressure on the capacity of their upland
Public Disclosure Room, N–1515, www.regulations.gov and http:// dredged material placement areas, when
Employee Benefits Security www.dol.gov/ebsa or at the Public necessary.
Administration, U.S. Department of Disclosure Room, N–1513, Employee DATES: Comments. Comments on this
Labor, 200 Constitution Avenue NW., Benefits Security Administration, U.S.
Washington, DC 20210. proposed rule must be received on or
Department of Labor, 200 Constitution before August 3, 2015.
EBSA will prepare an agenda Avenue NW., Washington, DC 20210.
indicating the order of presentation of ADDRESSES: Submit your comments,
Warning: Do not include any personally identified by Docket No. EPA–R06–
oral testimony. In the absence of special identifiable information (such as name,
circumstances, each presenter will be OW–2015–0121, by one of the following
address, or other contact information) or methods:
allotted ten (10) minutes in which to confidential business information that
complete his or her presentation. Those Federal e-Rulemaking Portal: http://
you do not want publicly disclosed. All www.regulations.gov; follow the online
individuals who make oral comments comments may be posted on the Internet
and present testimony at the hearing instruction for submitting comments.
and can be retrieved by most Internet • Email: Dr. Jessica Franks at
should be prepared to answer questions search engines. Comments may be
regarding their information and franks.jessica@epa.gov.
submitted anonymously. • Fax: Dr. Jessica Franks, Marine and
comments. Those requesting to testify
also should be prepared to participate as Signed at Washington, DC, this 12th day of Coastal Section (6WQ–EC) at fax
part of a panel. Information about the June, 2015. number 214–665–6689.
agenda for the hearing will be posted on Phyllis C. Borzi, • Mail: Dr. Jessica Franks, Marine and
http://www.dol.gov/ebsa no later than Assistant Secretary for Employee Benefits Coastal Section (6WQ–EC),
August 3, 2015. Security, Department of Labor. Environmental Protection Agency,
The hearings will be open to the [FR Doc. 2015–14921 Filed 6–16–15; 8:45 am] Mailcode: (6WQ–EC), 1445 Ross
public, but seating will be limited and BILLING CODE 4510–29–P Avenue, Suite 1200, Dallas, Texas
will be provided on a first-come, first- 75202–2733.
serve basis. Witnesses and persons Instructions: Direct your comments to
accompanying witnesses will be given Docket No. EPA–R06–OW–2015–0121.
ENVIRONMENTAL PROTECTION
priority in seating. To expedite visitor EPA’s policy is that all comments
AGENCY
security access entrance into the received will be included in the public
building, individuals planning to attend 40 CFR Part 228 docket without change and may be
the hearing can provide contact made available online at
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
information by email to e-ORI@dol.gov, [EPA–R06–OW–2015–0121; FRL–9929–30– www.regulations.gov, including any
and arrive at least 20 minutes prior to Region 6] personal information provided, unless
the start of the hearing. the comment includes information
Ocean Dumping: Proposed claimed to be Confidential Business
Notice of Public Hearing Modification of Final Site Designation Information (CBI) or other information
Notice is hereby given that a public AGENCY: Environmental Protection whose disclosure is restricted by statute.
hearing will be held on August 10, 11, Agency (EPA). Do not submit information that you
and 12, and continuing through August consider to be CBI or otherwise
ACTION: Proposed rule.
13, 2015 (if necessary) concerning the protected through www.regulations.gov
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planned regulation is preferable to other PART 228— CRITERIA FOR THE from the greater Brownsville, Texas
potentially effective and reasonably MANAGEMENT OF DISPOSAL SITES vicinity. Disposal shall comply with
feasible alternatives considered by EPA. FOR OCEAN DUMPING conditions set forth in the most recent
This Proposed Rule is not subject to the approved Site Management and
Executive Order because it is not ■ 1. The authority citation for part 228 Monitoring Plan.
economically significant as defined in continues to read as follows: (20) * * *
Executive Order 12866, and because Authority: 33 U.S.C. 1412 and 1418. (vi) Restrictions: Disposal shall be
EPA does not have reason to believe the limited to suitable dredged material
■ 2. Section 228.15 is amended by from the greater Brownsville, Texas
environmental health or safety risks revising paragraphs (j)(12)(vi), (j)(13)(vi),
addressed by this action present a vicinity. Disposal shall comply with
(j)(14)(vi), (j)(15)(vi), (j)(17)(vi), conditions set forth in the most recent
disproportionate risk to children. (j)(18)(vi), (j)(19)(vi), (j)(20)(vi) to read as approved Site Management and
8. Executive Order 13211: Actions That follows: Monitoring Plan.
Significantly Affect Energy Supply, § 228.15 Dumping sites designated on a * * * * *
Distribution, or Use Compliance With final basis. [FR Doc. 2015–15002 Filed 6–17–15; 8:45 am]
Administrative Procedure Act * * * * * BILLING CODE 6560–50–P
(j) * * *
This Proposed Rule is not subject to (12) * * *
Executive Order 13211, ‘‘Actions (vi) Restrictions: Disposal shall be NATIONAL TRANSPORTATION
Concerning Regulations That limited to suitable dredged material SAFETY BOARD
Significantly Affect Energy Supply, from the greater Houston-Galveston,
Distribution, or Use’’ (66 FR 28355 (May Texas vicinity. Disposal shall comply 49 CFR Part 800
22, 2001)) because it is not a significant with conditions set forth in the most [Docket No. NTSB–GC–2012–0002]
regulatory action under Executive Order recent approved Site Management and
12866. Monitoring Plan. RIN 3147–AA03
9. National Technology Transfer (13) * * *
(vi) Restrictions: Disposal shall be Organization and Functions of the
Advancement Act Board and Delegations of Authority
limited to suitable dredged material
Section 12(d) of the National from the greater Freeport, Texas AGENCY: National Transportation Safety
Technology Transfer and Advancement vicinity. Disposal shall comply with Board (NTSB or Board).
Act of 1995 (‘‘NTTAA’’), Public Law conditions set forth in the most recent
ACTION: Notice of proposed rulemaking.
104–113, 12(d) (15 U.S.C. 272 note) approved Site Management and
directs EPA to use voluntary consensus Monitoring Plan. SUMMARY: The NTSB proposes a new
standards in its regulatory activities (14) * * * subpart within part 800 of its
unless to do so would be inconsistent (vi) Restrictions: Disposal shall be regulations to outline the NTSB’s
limited to suitable dredged material rulemaking procedures.
with applicable law or otherwise
from the greater Freeport, Texas
impractical. This Proposed Rule does DATES: Comments must be submitted by
vicinity. Disposal shall comply with
not involve technical standards. July 20, 2015.
conditions set forth in the most recent
Therefore, EPA is not considering the approved Site Management and ADDRESSES: A copy of this notice,
use of any voluntary consensus Monitoring Plan. published in the Federal Register (FR),
standards. (15) * * * is available for inspection and copying
(vi) Restrictions: Disposal shall be in the NTSB’s public reading room,
10. Executive Order 12898: Federal
limited to suitable dredged material located at 490 L’Enfant Plaza SW.,
Actions To Address Environmental
from the greater Matagorda, Texas Washington, DC 20594–2003.
Justice in Minority Populations and Low Alternatively, a copy is available on the
Income Populations vicinity. Disposal shall comply with
conditions set forth in the most recent government-wide Web site on
Executive Order 12898 (59 FR 7629) approved Site Management and regulations at http://
directs Federal agencies to determine Monitoring Plan. www.regulations.gov (Docket ID Number
whether the Proposed Rule would have (17) * * * NTSB–GC–2012–0002).
a disproportionate adverse impact on (vi) Restrictions: Disposal shall be FOR FURTHER INFORMATION CONTACT:
minority or low-income population limited to suitable dredged material David Tochen, General Counsel, (202)
groups within the project area. The from the greater Corpus Christi, Texas 314–6080.
Proposed Rule would not significantly vicinity. Disposal shall comply with SUPPLEMENTARY INFORMATION:
affect any low-income or minority conditions set forth in the most recent
approved Site Management and I. Background
population.
Monitoring Plan. On June 25, 2012, the NTSB
List of Subjects in 40 CFR Part 228 (18) * * * published a proposed rule indicating its
(vi) Restrictions: Disposal shall be intent to undertake a review of all NTSB
Environmental protection, Water
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
limited to suitable dredged material regulations to ensure they are updated.
pollution control. from the greater Port Mansfield, Texas 77 FR 37865. The NTSB initiated this
Dated: June 8, 2015. vicinity. Disposal shall comply with review in accordance with Executive
Ron Curry, conditions set forth in the most recent Order 13579, ‘‘Regulation and
Regional Administrator, Region 6. approved Site Management and Independent Regulatory Agencies’’ (76
Monitoring Plan. FR 41587, July 14, 2011). The purpose
For the reasons stated in the (19) * * * of Executive Order 13579 is to ensure all
preamble, EPA is proposing to amend (vi) Restrictions: Disposal shall be agencies adhere to the key principles
40 CFR part 228 as follows: limited to suitable dredged material found in Executive Order 13563,
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Document Created: 2018-02-22 11:11:47
Document Modified: 2018-02-22 11:11:47
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments. Comments on this proposed rule must be received on or before August 3, 2015. | |
| Contact | Jessica Franks, Ph.D., Marine and Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) | |
| FR Citation | 80 FR 34871 | |
| CFR Associated | Environmental Protection and Water Pollution Control |
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