80_FR_56576 80 FR 56395 - Ocean Dumping: Modification of Final Site Designation

80 FR 56395 - Ocean Dumping: Modification of Final Site Designation

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56395-56398
FR Document2015-23475

The Environmental Protection Agency (EPA) today is modifying 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 action is being taken at the request of the United States Army Corps of Engineers Galveston District to allow disposal of suitable dredged material from the vicinity of the federal navigation channels to alleviate pressure on the capacity of their upland dredged material placement areas, when necessary.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56395-56398]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23475]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R06-OW-2015-0121; FRL-9934-25-Region 6]


Ocean Dumping: Modification of Final Site Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) today is modifying 
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 
action is being taken at the request of the United States Army Corps of 
Engineers Galveston District to allow disposal of suitable dredged 
material from the vicinity of the federal navigation channels to 
alleviate pressure on the capacity of their upland dredged material 
placement areas, when necessary.

DATES: This document is effective on October 19, 2015.

ADDRESSES: The EPA established a docket for this action under Docket 
No. EPA-R06-OW-2015-0121. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Publicly available docket 
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jessica Franks, Ph.D., Marine and 
Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6, 
1445 Ross Avenue, Suite 1200, 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. Final Action
D. Responses to Comments
E. Administrative Review
    1. Executive Order 12866
    2. Paperwork Reduction Act
    3. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996
    4. Unfunded Mandates Reform Act
    5. Executive Order 13132: Federalism
    6. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    7. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    8. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use Compliance with Administrative 
Procedure Act
    9. National Technology Transfer Advancement Act
    10. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations

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:

[[Page 56396]]



        Table 4--A Summary of Proposed Data Collection Standards
------------------------------------------------------------------------
           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 modifications 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 
waste permitted to be discharged to a specific disposal site will be 
made by promulgation in this Part 228. This site modification of types 
of waste permitted to be discharged to a specific disposal site are 
being published as a final rulemaking in accordance with Sec.  
228.11(a) of the Ocean Dumping Regulations, which permits changes in 
the total specified quantities or types of waste permitted to be 
discharged to a specific disposal site based upon changed circumstances 
concerning use of the site.

C. Final Action

    The modifications 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 (42-Foot Project), TX 
ODMDSs was requested by the U.S. Army Corps of Engineers Galveston 
District in a March 27, 2015 letter. The current wording within the 40 
CFR 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 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. Responses to Comments

    The proposed rule was published in the Federal Register on June 18, 
2015 (80 FR 34871), as docket number EPA-EPA-R06-OW-2015-0121. The 
comment period closed on August 3, 2015. The EPA received one letter on 
the proposed rule from the Department of Interior stating that they 
have no comment. As no comments were received, the EPA has no responses 
to comments for the proposed rule.

E. 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 Final rule should have minimal impact on State, local, or 
Tribal governments or communities. Consequently, EPA has determined 
that this Final 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 Final 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.

[[Page 56397]]

    This Final 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 Final rule will not have a 
significant economic impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

    This final 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 final 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 final 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 planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA. This final 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 Final 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 Final 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 Final rule would have a disproportionate adverse 
impact on minority or low-income population groups within the project 
area. The Final 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: September 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended 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), and (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

[[Page 56398]]

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. 2015-23475 Filed 9-17-15; 8:45 am]
BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                                  56395

                                            the Federal Government and Indian                                                                         Parts per    FOR FURTHER INFORMATION CONTACT:
                                                                                                                Commodity
                                            tribes. Thus, the Agency has determined                                                                    million    Jessica Franks, Ph.D., Marine and
                                            that Executive Order 13132, entitled                                                                                  Coastal Section (6WQ–EC),
                                            ‘‘Federalism’’ (64 FR 43255, August 10,                 Tomato, paste .......................                     1.0 Environmental Protection Agency,
                                            1999) and Executive Order 13175,                                                                                      Region 6, 1445 Ross Avenue, Suite
                                            entitled ‘‘Consultation and Coordination                        *      *      *       *       *       *       *       1200, Dallas, Texas 75202–2733,
                                            with Indian Tribal Governments’’ (65 FR                                                                               telephone (214) 665–8335, fax number
                                            67249, November 9, 2000) do not apply                   *      *       *          *       *                           (214) 665–6689; email address
                                            to this action. In addition, this action                [FR Doc. 2015–23359 Filed 9–17–15; 8:45 am]                   franks.jessica@epa.gov.
                                            does not impose any enforceable duty or                 BILLING CODE 6560–50–P
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                            contain any unfunded mandate as
                                            described under Title II of the Unfunded                                                                               Table of Contents
                                            Mandates Reform Act (UMRA) (2 U.S.C.                    ENVIRONMENTAL PROTECTION                                       A. Potentially Affected Persons
                                            1501 et seq.).                                          AGENCY                                                         B. Background
                                               This action does not involve any                                                                                    C. Final Action
                                                                                                    40 CFR Part 228                                                D. Responses to Comments
                                            technical standards that would require
                                            Agency consideration of voluntary                       [EPA–R06–OW–2015–0121; FRL–9934–25–                            E. Administrative Review
                                            consensus standards pursuant to section                 Region 6]                                                        1. Executive Order 12866
                                                                                                                                                                     2. Paperwork Reduction Act
                                            12(d) of the National Technology
                                                                                                    Ocean Dumping: Modification of Final                             3. Regulatory Flexibility Act, as Amended
                                            Transfer and Advancement Act                                                                                                by the Small Business Regulatory
                                            (NTTAA) (15 U.S.C. 272 note).                           Site Designation
                                                                                                                                                                        Enforcement Fairness Act of 1996
                                                                                                    AGENCY:  Environmental Protection                                4. Unfunded Mandates Reform Act
                                            VII. Congressional Review Act
                                                                                                    Agency (EPA).                                                    5. Executive Order 13132: Federalism
                                              Pursuant to the Congressional Review                  ACTION: Final rule.                                              6. Executive Order 13175: Consultation
                                            Act (5 U.S.C. 801 et seq.), EPA will                                                                                        and Coordination with Indian Tribal
                                                                                                    SUMMARY:    The Environmental Protection                            Governments
                                            submit a report containing this rule and
                                                                                                    Agency (EPA) today is modifying the                              7. Executive Order 13045: Protection of
                                            other required information to the U.S.                                                                                      Children from Environmental Health and
                                                                                                    use restrictions of the Galveston, TX
                                            Senate, the U.S. House of                                                                                                   Safety Risks
                                                                                                    Dredged Material Site, Freeport Harbor,
                                            Representatives, and the Comptroller                                                                                     8. Executive Order 13211: Actions That
                                                                                                    TX, New Work (45 Foot Project),
                                            General of the United States prior to                                                                                       Significantly Affect Energy Supply,
                                                                                                    Freeport Harbor, TX, Maintenance (45
                                            publication of the rule in the Federal                                                                                      Distribution, or Use Compliance with
                                                                                                    Foot Project), Matagorda Ship Channel,
                                            Register. This action is not a ‘‘major                                                                                      Administrative Procedure Act
                                                                                                    TX, Corpus Christi Ship Channel, TX,                             9. National Technology Transfer
                                            rule’’ as defined by 5 U.S.C. 804(2).
                                                                                                    Port Mansfield, TX, Brazos Island                                   Advancement Act
                                            List of Subjects in 40 CFR Part 180                     Harbor, TX and Brazos Island Harbor                              10. Executive Order 12898: Federal Actions
                                                                                                    (42-Foot Project), TX Ocean Dredged                                 to Address Environmental Justice in
                                              Environmental protection,                             Material Disposal Sites (ODMDSs)                                    Minority Populations and Low Income
                                            Administrative practice and procedure,                  located in the Gulf of Mexico offshore                              Populations
                                            Agricultural commodities, Pesticides                    of Galveston, Freeport, Matagorda,
                                            and pests, Reporting and recordkeeping                                                                                 A. Potentially Affected Persons
                                                                                                    Corpus Christi, Port Mansfield and
                                            requirements.                                           Brownsville, Texas, respectively. These                          Persons potentially affected by this
                                              Dated: September 4, 2015.                             sites are EPA designated ocean dumping                         action include those who seek or might
                                                                                                    sites for the disposal of suitable dredged                     seek permits or approval by EPA to
                                            Susan Lewis,
                                                                                                    material. This action is being taken at                        dispose of dredged material into ocean
                                            Director, Registration Division, Office of              the request of the United States Army
                                            Pesticide Programs.                                                                                                    waters pursuant to the Marine
                                                                                                    Corps of Engineers Galveston District to                       Protection Research and Sanctuaries
                                              Therefore, 40 CFR chapter I is                        allow disposal of suitable dredged                             Act, 33 U.S.C. 1401 et seq. EPA’s action
                                            amended as follows:                                     material from the vicinity of the federal                      would be relevant to persons, including
                                                                                                    navigation channels to alleviate                               organizations and government bodies
                                            PART 180—[AMENDED]                                      pressure on the capacity of their upland                       seeking to dispose of dredged material
                                                                                                    dredged material placement areas, when                         in ocean waters offshore of Galveston,
                                            ■ 1. The authority citation for part 180                necessary.                                                     Freeport, Matagorda, Corpus Christi,
                                            continues to read as follows:                           DATES: This document is effective on                           Port Mansfield and Brownsville, Texas.
                                                                                                    October 19, 2015.                                              Currently, the U.S. Army Corps of
                                                Authority: 21 U.S.C. 321(q), 346a and 371.
                                                                                                    ADDRESSES: The EPA established a                               Engineers (Corps) and other persons
                                            ■ 2. In § 180.680, add alphabetically the               docket for this action under Docket No.                        with permits to use designated sites
                                            following commodity to the table in                     EPA–R06–OW–2015–0121. All                                      offshore of Galveston, Freeport,
                                            paragraph (a) to read as follows:                       documents in the docket are listed on                          Matagorda, Corpus Christi, Port
                                                                                                    the http://www.regulations.gov Web                             Mansfield, and Brownsville, Texas
                                            § 180.680 Fluensulfone; tolerances for                  site. Publicly available docket materials                      would be most impacted by this final
                                            residues.
                                                                                                    are available electronically through                           action. Potentially affected categories
                                                (a) * * *                                           http://www.regulations.gov.                                    and persons include:
tkelley on DSK3SPTVN1PROD with RULES




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                                            56396            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                                                               TABLE 4—A SUMMARY OF PROPOSED DATA COLLECTION STANDARDS
                                                       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 gov-          Governments owning and/or responsible for ports, harbors, and/or berths, Government agencies requiring dis-
                                              ernments.                             posal of dredged material associated with public works projects.



                                              This table is not intended to be                       27, 2015 letter. The current wording                  environment, public health or safety, or
                                            exhaustive, but rather provides a guide                  within the 40 CFR 228.15 restricts the                State, local or Tribal governments or
                                            for readers regarding persons likely to                  use of these ODMDS to only dredged                    communities;
                                            be affected by this action. For any                      material originating from specific                      (b) Create a serious inconsistency or
                                            questions regarding the applicability of                 federal channel reaches associated with               otherwise interfere with an action taken
                                            this action to a particular entity, please               each ODMDS. For Freeport Harbor, TX,                  or planned by another agency;
                                            refer to the contact person listed in the                New Work (45 Foot Project) ODMDS                        (c) Materially alter the budgetary
                                            preceding FOR FURTHER INFORMATION                        and the Brazos Island Harbor (42-Foot                 impact of entitlements, grants, user fees,
                                            CONTACT section.                                         Project), the ODMDSs are restricted to                or loan programs, or the rights and
                                            B. Background                                            receive only construction dredged                     obligations of recipients thereof: or
                                                                                                     material from channel improvement                       (d) Raise novel legal or policy issues
                                               Section 102(c) of the Marine                          projects at Freeport and Brazos Island
                                            Protection, Research, and Sanctuaries                                                                          arising out of legal mandates, the
                                                                                                     Harbor, respectively. Modeling shows                  President’s priorities, or the principles
                                            Act (MPRSA) of 1972, as amended, 33                      that future disposal capacity is limited
                                            U.S.C. 1401 et seq., gives the                                                                                 set forth in the Executive Order.
                                                                                                     at the placement areas typically used by
                                            Administrator of EPA the authority to                                                                            This Final rule should have minimal
                                                                                                     the Galveston District when ocean
                                            designate sites where ocean disposal                                                                           impact on State, local, or Tribal
                                                                                                     disposal is not an option. As a result of
                                            may be permitted. On October 1, 1986,                                                                          governments or communities.
                                                                                                     these limitations, there is a need to
                                            the Administrator delegated the                                                                                Consequently, EPA has determined that
                                                                                                     change the use restrictions placed on
                                            authority to designate ocean disposal                                                                          this Final rule is not a ‘‘significant
                                                                                                     these ODMDSs to include suitable
                                            sites to the Regional Administrator of                                                                         regulatory action’’ under the terms of
                                                                                                     dredged material from the greater
                                            the Region in which the sites are                                                                              Executive Order 12866.
                                                                                                     vicinities of the respective federal
                                            located. These modifications are being                   channels. The restriction modification                2. Paperwork Reduction Act
                                            made pursuant to that authority.                         will provide for sufficient future
                                               The EPA Ocean Dumping Regulations                                                                             The Paperwork Reduction Act, 44
                                                                                                     dredged material disposal capacity for
                                            promulgated under MPRSA (40 CFR                                                                                U.S.C. 3501 et seq., is intended to
                                                                                                     material originating from dredging areas
                                            Chapter I, Subchapter H, Section                                                                               minimize the reporting and
                                                                                                     within each Federal channel and its
                                            228.11) state that modifications in                                                                            recordkeeping burden on the regulated
                                                                                                     vicinity.
                                            disposal site use which involve                                                                                community, as well as to minimize the
                                            withdrawal of disposal sites from use or                 D. Responses to Comments                              cost of Federal information collection
                                            permanent changes in the total specified                                                                       and dissemination. In general, the Act
                                                                                                       The proposed rule was published in
                                            quantities or types of waste permitted to                                                                      requires that information requests and
                                                                                                     the Federal Register on June 18, 2015
                                            be discharged to a specific disposal site                                                                      record-keeping requirements affecting
                                                                                                     (80 FR 34871), as docket number EPA–
                                            will be made by promulgation in this                                                                           ten or more non-Federal respondents be
                                                                                                     EPA–R06–OW–2015–0121. The
                                            Part 228. This site modification of types                                                                      approved by OMB. Since the Final rule
                                                                                                     comment period closed on August 3,
                                            of waste permitted to be discharged to                                                                         would not establish or modify any
                                                                                                     2015. The EPA received one letter on
                                            a specific disposal site are being                                                                             information or recordkeeping
                                                                                                     the proposed rule from the Department
                                            published as a final rulemaking in                                                                             requirements, but only clarifies existing
                                                                                                     of Interior stating that they have no
                                            accordance with § 228.11(a) of the                                                                             requirements, it is not subject to the
                                                                                                     comment. As no comments were
                                            Ocean Dumping Regulations, which                                                                               provisions of the Paperwork Reduction
                                                                                                     received, the EPA has no responses to
                                            permits changes in the total specified                                                                         Act.
                                                                                                     comments for the proposed rule.
                                            quantities or types of waste permitted to                                                                      3. Regulatory Flexibility Act, as
                                            be discharged to a specific disposal site                E. Administrative Review
                                                                                                                                                           Amended by the Small Business
                                            based upon changed circumstances                         1. Executive Order 12866                              Regulatory Enforcement Fairness Act of
                                            concerning use of the site.                                                                                    1996
                                                                                                        Under Executive Order 12866 (58 FR
                                            C. Final Action                                          51735, October 4, 1993) EPA must                         The Regulatory Flexibility Act (RFA)
                                              The modifications of the use                           determine whether the regulatory action               generally requires an agency to prepare
                                            restrictions on the Galveston, TX,                       is ‘significant,’’ and therefore subject to           a regulatory flexibility analysis of any
                                            Dredged Material Site, Freeport Harbor,                  office of Management and Budget                       rule subject to notice and comment
                                            TX, New Work (45 Foot Project),                          (OMB) review and other requirements of                rulemaking requirements under the
                                            Freeport Harbor, TX, Maintenance (45                     the Executive Order. The Order defines                Administrative Procedure Act or any
                                            Foot Project), Matagorda Ship Channel,                   ‘‘significant regulatory action’’ as one              other statute unless the agency certifies
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                                            TX, Corpus Christi Ship Channel, TX,                     that is likely to lead to a rule that may:            that the rule will not have a significant
                                            Port Mansfield, TX, Brazos Island                           (a) Have an annual effect on the                   economic impact on a substantial
                                            Harbor, TX and Brazos Island Harbor                      economy of $100 million or more, or                   number of small entities. Small entities
                                            (42-Foot Project), TX ODMDSs was                         adversely affect in a material way, the               include small businesses, small
                                            requested by the U.S. Army Corps of                      economy, a sector of the economy,                     organizations, and small governmental
                                            Engineers Galveston District in a March                  productivity, competition, jobs, the                  jurisdictions.


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                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                          56397

                                              This Final rule will not impose any                   6. Executive Order 13175: Consultation                10. Executive Order 12898: Federal
                                            requirements on small entities. The                     and Coordination With Indian Tribal                   Actions To Address Environmental
                                            modification of the Galveston, TX,                      Governments                                           Justice in Minority Populations and Low
                                            Dredged Material Site, Freeport Harbor,                    Executive Order 13175, entitled                    Income Populations
                                            TX, New Work (45 Foot Project),                         ‘‘Consultation and Coordination with                    Executive Order 12898 (59 FR 7629)
                                            Freeport Harbor, TX, Maintenance (45                    Indian Tribal Governments’’ (65 FR                    directs Federal agencies to determine
                                            Foot Project), Matagorda Ship Channel,                  67249, November 9, 2000), requires EPA                whether the Final rule would have a
                                            TX, Corpus Christi Ship Channel, TX,                    to develop an accountable process to                  disproportionate adverse impact on
                                            Port Mansfield, TX, Brazos Island                       ensure ‘‘meaningful and timely input by               minority or low-income population
                                            Harbor, TX and Brazos Island Harbor                     Tribal officials in the development of                groups within the project area. The
                                            (42-Foot Project), TX ODMDSs broadens                   regulatory policies that have Tribal                  Final rule would not significantly affect
                                            the use of the sites providing additional               implications.’’ This Final rule does not              any low-income or minority population.
                                            options for dredged material placement                  have Tribal implications, as defined in
                                            in the Galveston, Freeport, Matagorda,                  Executive Order 13175.                                List of Subjects in 40 CFR Part 228
                                            Corpus Christi, Port Mansfield and                                                                              Environmental protection, Water
                                            Brownsville, Texas vicinities.                          7. Executive Order 13045: Protection of
                                                                                                                                                          pollution control.
                                                                                                    Children From Environmental Health
                                              For these reasons, the Regional                       and Safety Risks                                        Dated: September 9, 2015.
                                            Administrator certifies, pursuant to                                                                          Ron Curry,
                                            section 605(b) of the RFA, that the Final                  This Executive Order (62 FR 19885,
                                                                                                    April 23, 1997) applies to any rule that:             Regional Administrator, Region 6.
                                            rule will not have a significant                                                                                For the reasons set out in the
                                            economic impact on a substantial                        (1) Is determined to be ‘‘economically
                                                                                                    significant’’ as defined under Executive              preamble, title 40, chapter I of the Code
                                            number of small entities.                                                                                     of Federal Regulations is amended as
                                                                                                    Order 12866, and (2) concerns an
                                            4. Unfunded Mandates Reform Act                         environmental health or safety risk that              follows:
                                                                                                    EPA has reason to believe may have a
                                               This final rule contains no Federal                  disproportionate effect on children. If               PART 228—CRITERIA FOR THE
                                            mandates under the provisions of Title                  the regulatory action meets both criteria,            MANAGEMENT OF DISPOSAL SITES
                                            II of the Unfunded Mandates Reform                      EPA must evaluate the environmental                   FOR OCEAN DUMPING
                                            Act of 1995 (UMRA) of 1995 (Pub. L.                     health or safety effects of the planned
                                            104–4) for State, local, or tribal                                                                            ■ 1. The authority citation for part 228
                                                                                                    rule on children, and explain why the                 continues to read as follows:
                                            governments or the private sector that                  planned regulation is preferable to other
                                            may result in estimated costs of $100                   potentially effective and reasonably                      Authority: 33 U.S.C. 1412 and 1418.
                                            million or more in any year. It imposes                 feasible alternatives considered by EPA.              ■  2. Section 228.15 is amended by
                                            no new enforceable duty on any State,                   This final rule is not subject to the                 revising paragraphs (j)(12)(vi), (j)(13)(vi),
                                            local or tribal governments or the                      Executive Order because it is not                     (j)(14)(vi), (j)(15)(vi), (j)(17)(vi),
                                            private sector nor does it contain any                  economically significant as defined in                (j)(18)(vi), (j)(19)(vi), and (j)(20)(vi) to
                                            regulatory requirements that might                      Executive Order 12866, and because                    read as follows:
                                            significantly or uniquely affect small                  EPA does not have reason to believe the
                                            government entities. Thus, the                          environmental health or safety risks                  § 228.15 Dumping sites designated on a
                                            requirements of section 203 of the                      addressed by this action present a                    final basis.
                                            UMRA do not apply to this final rule.                   disproportionate risk to children.                    *      *     *     *     *
                                                                                                                                                            (j)* * *
                                            5. Executive Order 13132: Federalism                    8. Executive Order 13211: Actions That                  (12) * * *
                                                                                                    Significantly Affect Energy Supply,                     (vi) Restrictions: Disposal shall be
                                               Executive Order 13132, entitled                      Distribution, or Use Compliance With
                                            ‘‘Federalism’’ (64 FR 43255, August 10,                                                                       limited to suitable dredged material
                                                                                                    Administrative Procedure Act                          from the greater Houston-Galveston,
                                            1999), requires EPA to develop an
                                            accountable process to ensure                              This Final rule is not subject to                  Texas vicinity. Disposal shall comply
                                            meaningful and timely input by State                    Executive Order 13211, ‘‘Actions                      with conditions set forth in the most
                                            and local officials in the development of               Concerning Regulations That                           recent approved Site Management and
                                            regulatory policies that have federalism                Significantly Affect Energy Supply,                   Monitoring Plan.
                                            implications. ‘‘Policies that have                      Distribution, or Use’’ (66 FR 28355 (May                 (13) * * *
                                                                                                    22, 2001)) because it is not a significant               (vi) Restrictions: Disposal shall be
                                            federalism implications’’ are defined in
                                                                                                    regulatory action under Executive Order               limited to suitable dredged material
                                            the Executive Order to include
                                                                                                    12866.                                                from the greater Freeport, Texas
                                            regulations that have ‘‘substantial direct
                                                                                                                                                          vicinity. Disposal shall comply with
                                            effects on the States, on the relationship              9. National Technology Transfer
                                                                                                                                                          conditions set forth in the most recent
                                            between the national government and                     Advancement Act
                                                                                                                                                          approved Site Management and
                                            the States, or on the distribution of                      Section 12(d) of the National                      Monitoring Plan.
                                            power and responsibilities among the                    Technology Transfer and Advancement                      (14)* * *
                                            various levels of government.’’                         Act of 1995 (‘‘NTTAA’’), Public Law                      (vi) Restrictions: Disposal shall be
                                               This final rule does not have                        104–113, 12(d) (15 U.S.C. 272 note)                   limited to suitable dredged material
                                            federalism implications. It will not have               directs EPA to use voluntary consensus                from the greater Freeport, Texas
                                            substantial direct effects on the States,               standards in its regulatory activities                vicinity. Disposal shall comply with
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                                            on the relationship between the national                unless to do so would be inconsistent                 conditions set forth in the most recent
                                            government and the States, or on the                    with applicable law or otherwise                      approved Site Management and
                                            distribution of power and                               impractical. This Final rule does not                 Monitoring Plan.
                                            responsibilities among the various                      involve technical standards. Therefore,                  (15) * * *
                                            levels of government, as specified in                   EPA is not considering the use of any                    (vi) Restrictions: Disposal shall be
                                            Executive Order 13132.                                  voluntary consensus standards.                        limited to suitable dredged material


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                                            56398            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            from the greater Matagorda, Texas                       DEPARTMENT OF DEFENSE                                  and ranges. They apply to all
                                            vicinity. Disposal shall comply with                                                                           situations.’’
                                            conditions set forth in the most recent                 Defense Acquisition Regulations                        [FR Doc. 2015–23457 Filed 9–17–15; 8:45 am]
                                            approved Site Management and                            System
                                                                                                                                                           BILLING CODE 1505–01–D
                                            Monitoring Plan.
                                            *      *     *     *     *                              48 CFR Part 211
                                               (17) * * *                                                                                                  DEPARTMENT OF DEFENSE
                                               (vi) Restrictions: Disposal shall be                 Describing Agency Needs
                                            limited to suitable dredged material                    CFR Correction                                         Defense Acquisition Regulations
                                            from the greater Corpus Christi, Texas                                                                         System
                                            vicinity. Disposal shall comply with                      In Title 48 of the Code of Federal
                                            conditions set forth in the most recent                 Regulations, Chapter 2, Parts 200 to 299,              48 CFR Part 237
                                            approved Site Management and                            revised as of October 1, 2014, on page
                                            Monitoring Plan.                                        68, correct section 211.002–70 to read as              Service Contracting
                                               (18)* * *                                            follows:
                                               (vi) Restrictions: Disposal shall be                                                                        CFR Correction
                                            limited to suitable dredged material                    211.002–70        Contract clause.
                                            from the greater Port Mansfield, Texas                    Use the clause at 252.211–7000,                        In Title 48 of the Code of Federal
                                            vicinity. Disposal shall comply with                    Acquisition Streamlining, in all                       Regulations, Chapter 2, Parts 200 to 299,
                                            conditions set forth in the most recent                 solicitations and contracts for systems                revised as of October 1, 2014, on page
                                            approved Site Management and                            acquisition programs.                                  296, in section 237.102–70, paragraph
                                            Monitoring Plan.                                        [FR Doc. 2015–23456 Filed 9–17–15; 8:45 am]            (d)(2) is reinstated to read as follows:
                                               (19)* * *
                                                                                                    BILLING CODE 1505–01–D
                                               (vi) Restrictions: Disposal shall be                                                                        § 237.102–70 Prohibition on contracting
                                            limited to suitable dredged material                                                                           for firefighting or security-guard functions.
                                            from the greater Brownsville, Texas                                                                            *     *    *     *     *
                                                                                                    DEPARTMENT OF DEFENSE
                                            vicinity. Disposal shall comply with
                                                                                                                                                             (d) * * *
                                            conditions set forth in the most recent                 Defense Acquisition Regulations
                                            approved Site Management and                                                                                   *     *    *     *     *
                                                                                                    System
                                            Monitoring Plan.                                                                                                 (2) Follow the procedures at PGI
                                               (20) * * *                                           48 CFR Part 215                                        237.102–70(d) to ensure that the
                                               (vi) Restrictions: Disposal shall be                                                                        personnel limitations specified in
                                            limited to suitable dredged material                    Contracting by Negotiation                             paragraph (d)(1)(iv) of this subsection
                                            from the greater Brownsville, Texas                                                                            are not exceeded.
                                            vicinity. Disposal shall comply with                    CFR Correction
                                                                                                                                                           [FR Doc. 2015–23458 Filed 9–17–15; 8:45 am]
                                            conditions set forth in the most recent
                                                                                                      In Title 48 of the Code of Federal
                                            approved Site Management and                                                                                   BILLING CODE 1505–01–P
                                                                                                    Regulations, Chapter 2, Parts 200 to 299,
                                            Monitoring Plan.
                                                                                                    revised as of October 1, 2014, on page
                                            *      *     *     *     *                              101, in section 215.404–71–4, in
                                            [FR Doc. 2015–23475 Filed 9–17–15; 8:45 am]             paragraph (f), remove the following two
                                            BILLING CODE 6560–50–P                                  sentences: ‘‘These are the normal values
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Document Created: 2015-12-15 09:27:34
Document Modified: 2015-12-15 09:27:34
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 document is effective on October 19, 2015.
ContactJessica Franks, Ph.D., Marine and Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, telephone (214)
FR Citation80 FR 56395 
CFR AssociatedEnvironmental Protection and Water Pollution Control

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