83_FR_24511 83 FR 24408 - Ocean Disposal; Temporary Modification of an Ocean Dredged Material Disposal Site in Massachusetts Bay

83 FR 24408 - Ocean Disposal; Temporary Modification of an Ocean Dredged Material Disposal Site in Massachusetts Bay

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range24408-24414
FR Document2018-11322

The Environmental Protection Agency (EPA) is approving a temporary modification of the boundaries of the Massachusetts Bay Dredged Material Disposal Site (MBDS) pursuant to the Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended. The purpose of this temporary site modification is to allow for the environmental restoration of a particular area adjacent to the MBDS (Potential Restoration Area) by temporarily expanding the boundaries of the existing MBDS. The temporary expansion is a circular area that contains the Potential Restoration Area, which includes most of the historic Industrial Waste Site (IWS). Decades ago, the IWS was used for the disposal of barrels containing industrial, chemical and low-level radioactive waste, as well as for the disposal of munitions, ordnance, construction equipment, and contaminated dredged material. The modification of the disposal site boundary will enable the U.S. Army Corps of Engineers (USACE) to place suitable dredged material generated from the Boston Harbor Deep Draft Navigation Project at the Potential Restoration Area in order to cover the barrels and other wastes disposed there in the past. This is expected to improve environmental conditions at the site. The Deep Draft Navigation Project includes improvement dredging of the main ship channel, which will generate approximately 11 million cubic yards (cy) of dredged material. The existing MBDS will continue to be used for disposal of other dredging projects, as usual. The expansion area will permanently close upon completion of the Boston Harbor Deep Draft Navigation Project, while the existing MBDS will remain open for the disposal of other suitable dredged material. Like the MBDS, however, the expansion area will be subject to ongoing monitoring and management to monitor the recovery of the area and to ensure continued protection of the marine environment.

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Rules and Regulations]
[Pages 24408-24414]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11322]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R01-OW-2017-0528; FRL-9978-51--Region 1]


Ocean Disposal; Temporary Modification of an Ocean Dredged 
Material Disposal Site in Massachusetts Bay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
temporary modification of the boundaries of the Massachusetts Bay 
Dredged Material Disposal Site (MBDS) pursuant to the Marine 
Protection, Research, and Sanctuaries Act (MPRSA), as amended. The 
purpose of this temporary site modification is to allow for the 
environmental restoration of a particular area adjacent to the MBDS 
(Potential Restoration Area) by temporarily expanding the boundaries of 
the existing MBDS. The temporary expansion is a circular area that 
contains the Potential Restoration Area, which includes most of the 
historic Industrial Waste Site (IWS). Decades ago, the IWS was used for 
the disposal of barrels containing industrial, chemical and low-level 
radioactive waste, as well as for the disposal of munitions, ordnance, 
construction equipment, and contaminated dredged material. The 
modification of the disposal site boundary will enable the U.S. Army 
Corps of Engineers (USACE) to place suitable dredged material generated 
from the Boston Harbor Deep Draft Navigation Project at the Potential 
Restoration Area in order to cover the barrels and other wastes 
disposed there in the past. This is expected to improve environmental 
conditions at the site. The Deep Draft Navigation Project includes 
improvement dredging of the main ship channel, which will generate 
approximately 11 million cubic yards (cy) of dredged material. The 
existing MBDS will continue to be used for disposal of other dredging 
projects, as usual. The expansion area will permanently close upon 
completion of the Boston Harbor Deep Draft Navigation Project, while 
the existing MBDS will remain open for the disposal of other suitable 
dredged material. Like the MBDS, however, the expansion area will be 
subject to ongoing monitoring and management to monitor the recovery of 
the area and to ensure continued protection of the marine environment.

DATES: The effective date of this rule is June 28, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R01-OW-2017-0528. All documents in the docket are 
listed on the https://www.regulations.gov website or on the EPA Region 
1 MBDS web page at https://www.epa.gov/ocean-dumping/massachusetts-bay-industrial-waste-site-restoration-project. Although listed in

[[Page 24409]]

the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available electronically 
through https://www.regulations.gov. They are also available in hard 
copy during normal business hours at the EPA Region 1 Library, 5 Post 
Office Square Boston, MA 02109.
    The supporting document for this site modification is the Final 
Environmental Assessment on the Proposed Expansion of the Massachusetts 
Bay Ocean Dredged Material Disposal Site and Finding of No Significant 
Impact, May 2018, which was prepared by EPA.

FOR FURTHER INFORMATION CONTACT:  Alicia Grimaldi, U.S. Environmental 
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Mail 
Code: OEP 6-1, Boston, MA 02109; telephone--(617) 918-1806; fax--(617) 
918-0806; email address_grimaldi.alicia@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Potentially Affected Persons

    The expansion of the MBDS is a temporary modification made in order 
to improve environmental conditions at the Potential Restoration Area 
by allowing suitable dredged material from the USACE Boston Harbor 
improvement project to be placed over wastes dumped in the past at the 
historic IWS. The USACE are persons potentially affected by this 
action, as they are responsible for the Boston Harbor Deep Draft 
Navigation Project and the disposal of dredged material into ocean 
waters under MPRSA. The existing MBDS will continue to be used for the 
disposal of dredged material from other projects that is suitable for 
ocean disposal pursuant to the MPRSA. This action will also impact 
those fishermen who utilize the historic IWS for fishing, despite 
posted warnings, by helping to reduce the risk of potential injury 
resulting from the inadvertent retrieval of wastes from the IWS in 
their nets. There have been documented instances of fishermen trawling 
up barrels in the IWS area and this action will lower the risk of that 
occurring in the future.

II. Background

a. History of Disposal Sites in Massachusetts Bay

    The IWS is a disposal site in Massachusetts Bay approximately 20 
nautical miles (nmi) east of Boston that was used in the past for 
disposal of a variety of wastes that would not be permitted for 
disposal today. The IWS is a circular site with its center at 
42[deg]25.7' N, 70[deg]35.0' W and a radius of 1 nmi. It is believed 
that disposal of derelict vessels, construction debris, commercial 
waste, and dredged material at the area may have begun in the early 
1900s. There are records dating back to the 1940s documenting the 
disposal of radioactive, chemical and hospital waste, ordnance, 
munitions, etc. Use of the IWS was discontinued in 1977 and the site 
was officially de-designated in 1990 (55 FR 3688, February 2, 1990). 
From 1977 through 1993, there was an Interim Massachusetts Bay Disposal 
Site for dredged material disposal with a center 1 nmi east of the IWS 
at 42[deg]25.7' N, 70[deg]34.0' W and a radius of 1 nmi. In 1993, the 
existing MBDS was designated by EPA with a center at 42[deg]25.1' N, 
70[deg]35.0' W and a radius of 1 nmi, an area of 3.14 nmi\2\, and depth 
ranges from 82 to 92 meters (m). The MBDS overlaps the southern portion 
of the IWS, but avoids the known densest concentration of barrels, also 
known as the barrel field. The MBDS is used solely for the disposal of 
dredged material, primarily from Boston Harbor, but also from smaller 
harbors and navigation channels north and south of Boston.
    The USACE will begin the Boston Harbor improvement dredging project 
in 2018. The project is expected to generate approximately 11 million 
cy of suitable dredged material consisting primarily of Boston blue 
clay and glacial till. EPA and USACE are proposing to use this dredged 
material beneficially by covering the area in and around the historic 
IWS barrel field to a depth of one to two meters. This will be 
accomplished utilizing a method of disposal developed and tested by the 
USACE, which is designed to prevent direct impact of sediment onto 
waste containers. This method of disposal is intended to reduce the 
risk of breaking barrels and resuspending potentially contaminated 
seafloor sediment.
    Before any entity can dispose of dredged material at the MBDS, EPA 
and the USACE must evaluate the project according to the ocean dumping 
regulatory criteria (40 CFR 227) and determine whether to authorize the 
disposal. Under Section 103 of the MPRSA, disposal projects are 
authorized by the USACE and EPA independently evaluates proposed 
disposal projects and has the right to restrict and/or reject the 
disposal of dredged material if it determines that the environmental 
protection requirements under the MPRSA have not been met. This 
modification to the MBDS site boundaries does not constitute an 
approval by EPA or USACE for open-water disposal of dredged material 
from any specific project. Thus, although the plan is that suitable 
material from the USACE's Boston Harbor improvement project would be 
placed at the temporary expansion area, any material proposed for 
disposal will have to go through project-specific review and approval.

b. Location and Configuration of the Modified Ocean Dredged Material 
Disposal Site

    This Final Rule temporarily modifies the MBDS by expanding it to 
include the Potential Restoration Area, which encompasses the IWS 
barrel field. The expansion will be temporary, opening upon the 
effective date of the Final Rule and closing upon completion of the 
Boston Harbor Deep Draft Navigation Project. The temporarily expanded 
site will consist of two partially overlapping circles:

 Center 1--42[deg]25.1' N, 70[deg]35.0' W, 1 nautical mile 
radius (existing MBDS)
 Center 2--42[deg]26.417' N, 70[deg]35.373' W, 0.75 nautical 
mile radius (temporary expansion)

    The area of the temporarily modified MBDS is 4.60 nmi\2\ and the 
western edge is approximately 19 nmi east of Boston. Water depths at 
the modified site range from 70 to 91 m. Like the existing MBDS, the 
modified MBDS will not overlap, and is not expected to impact, the 
Stellwagen Bank National Marine Sanctuary (SBNMS).

c. Response to Comments

    On September 22, 2017, EPA published a Proposed Rule proposing to 
temporarily modify the MBDS with a supporting Draft Environmental 
Assessment and opened a public comment period under Docket ID EPA-R01-
OW-2017-0528. The comment period ended on October 23, 2017. EPA 
received eleven comments on the Proposed Rule and Draft Environmental 
Assessment. The comments received are listed below:
     Support of the temporary expansion of the MBDS (6 
commenters);
     Boundaries of the temporary expansion of the MBDS overlap 
with the Neptune Deepwater Port (1 commenter);
     Importance of proceeding with disposal carefully to 
prevent breakage of barrels (4 commenters);
     Barrels may no longer exist on the seafloor (1 commenter);
     Sewage sludge should not be disposed in the ocean or used 
for capping (1 commenter);

[[Page 24410]]

     There is no evidence of contamination at the IWS (1 
commenter);
     Disposing material further out into the ocean is a cheaper 
solution (1 commenter);
     Other disposal sites were not considered (1 commenter);
     The temporary expansion of the MBDS will eliminate 
fishable bottom (2 commenters);
     How to stay informed on the status of the project (2 
commenters);
     Disposal could impact the health of the ecosystem (1 
commenter);
     Typographic errors in Draft EA (1 commenter);
     Modification of the MBDS will change the size of the SBNMS 
(1 commenter);
     The Potential Restoration Area will increase with 
additional dredged material (1 commenter);
     The removal of barrels from the IWS was not considered as 
an alternative (2 commenters);
     Ensure that the disposal of dredged material and the 
temporary expansion is monitored (2 commenters);
     The Massachusetts Department of Marine Fisheries (MDMF) 
would like to consult on disposal time-of-year restrictions to minimize 
impact to cod spawning (1 commenter); and
     MDMF would like the USACE and EPA to continue 
participating in a working group exploring other opportunities for 
beneficial use of dredged material (1 commenter).
    The responses to these comments can be found in the Final 
Environmental Assessment on the Proposed Expansion of the Massachusetts 
Bay Ocean Dredged Material Disposal Site and Finding of No Significant 
Impact, which is available on Regulations.gov and the EPA Region 1 MBDS 
web page: https://www.epa.gov/ocean-dumping/massachusetts-bay-industrial-waste-site-restoration-project.

d. Management and Monitoring of the Site

    There will be two distinct areas of the modified MBDS: The existing 
MBDS and the temporary expansion. The existing MBDS will continue to be 
utilized as a dredged material disposal site for those projects 
generating dredged material suitable for open-water disposal under the 
MPRSA. The temporary expansion will be used solely for the disposal of 
suitable dredged material generated from the Boston Harbor improvement 
dredging project. Management of both the existing MBDS and the 
temporary expansion will abide by the Site Management and Monitoring 
Plan (SMMP) for the MBDS. The SMMP includes management and monitoring 
requirements to ensure that the any dredged material placed at the 
sites is suitable for ocean disposal and that the adverse impacts of 
disposal, if any, are addressed to the maximum extent practicable. The 
SMMP for the MBDS includes restrictions on disposal vessel speeds, 
requirements for the presence of a marine mammal observer for each 
disposal event, and other guidelines to minimize any potential 
conflicts with threatened or endangered species and other uses or 
activities in this area.

e. MPRSA Criteria

    EPA has assessed the temporary modification to the MBDS according 
to the criteria of the MPRSA, with particular emphasis on the general 
and specific regulatory criteria of 40 CFR 228.5 and 228.6, to 
determine whether the site modification satisfies those criteria. The 
Final Environmental Assessment of the Proposed Expansion of the 
Massachusetts Bay Ocean Dredged Material Disposal Site and Finding of 
No Significant Impact provides an extensive evaluation of the site 
selection criteria and other related factors considered for the 
modification of the MBDS, and a summary is included below.
General Criteria (40 CFR 228.5)
    (a) The dumping of materials into the ocean will be permitted only 
at sites or in areas selected to minimize the interference of disposal 
activities with other activities in the marine environment, 
particularly avoiding areas of existing fisheries or shellfisheries, 
and regions of heavy commercial or recreational navigation.
    Since its designation in 1993, disposal at the MBDS has not 
interfered with other activities in the marine environment. It is 
anticipated that this also will be the case for the temporarily 
modified MBDS. The IWS has been closed by the National Oceanic and 
Atmospheric Administration's (NOAA) National Marine Fisheries Service 
(NMFS) since 1980 to the harvesting of surf clams and ocean quahogs. 
There is also a warning from NOAA and the Food and Drug Administration 
(FDA) on all nautical charts against harvesting fish and shellfish in 
the area. The expanded MBDS area has low recreational boater density 
and does not overlap with the shipping lanes into and out of Boston 
Harbor.
    (b) Locations and boundaries of disposal sites will be so chosen 
that temporary perturbations in water quality or other environmental 
conditions during initial mixing caused by disposal operations anywhere 
within the site can be expected to be reduced to normal ambient 
seawater levels or to undetectable contaminant concentrations or 
effects before reaching any beach, shoreline, marine sanctuary, or 
known geographically limited fishery or shellfishery.
    The modified MBDS will be used only for dredged material suitable 
for ocean disposal under the MPRSA. USACE also models disposal projects 
to evaluate their potential to violate water quality standards. The 
nearest shoreline to the modified MBDS is approximately eight nmi to 
the north. The prevailing current is not expected to transport dredged 
material to surrounding beaches or shores. Temporary changes caused by 
the physical movement of sediment through the water column will be 
reduced to ambient conditions before reaching any environmentally 
sensitive area. The SBNMS is immediately east of the site, but a steep 
bathymetric rise between the two features provides containment of 
dredged material in the deeper area known as Stellwagen Basin. There 
are no known geographically-limited fisheries or shellfisheries in the 
project area.
    (d) The sizes of ocean disposal sites will be limited in order to 
localize for identification and control any immediate adverse impacts 
and permit the implementation of effective monitoring and surveillance 
programs to prevent adverse long-range impacts. The size, 
configuration, and location of any disposal site will be determined as 
a part of the disposal site evaluation or designation study.
    The size and configuration of the temporarily modified MBDS is 
specifically designed to allow for the IWS barrel field to be covered 
by suitable dredged material generated during the USACE Boston Harbor 
improvement project. The MBDS area has been monitored under the USACE 
Disposal Area Monitoring System (DAMOS) program since the late 1970s. 
Monitoring will continue at the temporarily expanded MBDS to prevent 
adverse long-range impacts.
    (e) EPA will, wherever feasible, designate ocean dumping sites 
beyond the edge of the continental shelf and other such sites that have 
been historically used.
    The continental shelf is over 220 nmi east of Boston. Therefore, 
transporting material to, and performing long-term monitoring at, a 
site located off the continental shelf is not economically or 
operationally feasible. Moreover, taking material somewhere off the 
continental shelf will not help to isolate the wastes previously placed 
at the IWS. The

[[Page 24411]]

project area has been used for ocean disposal since at least the early 
1900s.
Specific Criteria (40 CFR 228.6(a))
    (1) Geographical position, depth of water, bottom topography and 
distance from coast.
    The temporarily expanded MBDS is located in an area of 
Massachusetts Bay known as Stellwagen Basin and is approximately eight 
nmi from the nearest coastline in Gloucester, MA. The depth of the 
temporarily expanded site ranges from 70-91 m. The seafloor in the area 
is primarily flat and consists primarily of silt and clay. There are 
two large glacial knolls included within the boundaries of the 
temporary expansion, both roughly 20 m high. These knolls are not 
included in the Potential Restoration Area and, therefore, no disposal 
will take place on them. There is a smaller glacial knoll, 
approximately six m high, included within the boundaries of the 
Potential Restoration Area. The USACE is drafting a project design that 
will ensure that this feature will be avoided by disposal operations.
    (2) Location in relation to breeding, spawning, nursery, feeding, 
or passage areas of living resources in adult or juvenile phases.
    The MBDS area contains Essential Fish Habitat (EFH) for various 
fish species, and certain species of whale and sea turtle listed as 
either threatened or endangered under the Endangered Species Act (ESA) 
have been sighted in the vicinity of the MBDS. Furthermore, the 
entirety of Massachusetts Bay and most of the larger Gulf of Maine are 
designated as critical foraging habitat for the North Atlantic Right 
Whale by NMFS. At the same time, NMFS has determined that dredged 
material disposal at the MBDS would not impact any of these species and 
restrictions are in place to ensure their safety, including vessel 
speed limitations and the requirement that marine mammal observers 
accompany the USACE on vessels during disposal operations. Furthermore, 
any risk of contaminants entering the food web is expected to be 
minimized by the covering of the IWS barrel field.
    (3) Location in relation to beaches and other amenity areas.
    The closest beach to the temporarily expanded MBDS is 10 nmi away. 
The SBNMS is just east of the MBDS. Past dredged material disposal has 
not impacted the SBNMS and no impact to the SBNMS is expected with the 
temporary expansion of the MBDS.
    (4) Types and quantities of wastes proposed to be disposed of, and 
proposed methods of release, including methods of packing the waste, if 
any.
    The MBDS is only to be used for the disposal of dredged material 
that is suitable for ocean disposal under the MPRSA. The temporary 
expansion of the MBDS will only be used for suitable dredged material 
generated during the USACE Boston Harbor improvement project. Disposal 
within the temporary expansion will utilize a berm-building technique 
devised by the USACE in order to minimize the risk of barrel breakage 
or resuspension of potentially contaminated seafloor sediment.
    (5) Feasibility of surveillance and monitoring.
    The MBDS is monitored through the DAMOS program under the guidance 
of the SMMP. Disposal is also monitored through the National Dredging 
Quality Management Program to confirm accurate placement of dredged 
material. The area of temporary expansion will be included in the 
monitoring of the MBDS under the DAMOS program from the time of first 
disposal for as long as MBDS monitoring continues.
    (6) Dispersal, horizontal transport and vertical mixing 
characteristics of the area, including prevailing current direction and 
velocity, if any.
    Current velocities range from 0-30 cm/s in the MBDS area. Currents 
are influenced by tides in a rotational manner, but net water movement 
is to the southeast. Regional dredged material is primarily made up of 
fine sand, silt, and clay. Dredged material generated during the USACE 
Boston Harbor improvement project is primarily Boston blue clay, which 
is cohesive and, therefore, settles rapidly. Minimal horizontal mixing 
or vertical stratification of dredged material occurs, resulting in low 
suspended sediment concentrations. Previous modeling of initial 
disposal indicates no adverse impacts in the water column or violations 
of water quality criteria. Previous studies have demonstrated the 
relative immobility of dredged material at the MBDS. Storms with the 
potential to cause sediment resuspension at the MBDS are rare in 
Massachusetts Bay.
    (7) Existence and effects of current and previous discharges and 
dumping in the area (including cumulative effects).
    Beginning in the early 1900s, the historic IWS was used for the 
disposal of industrial, chemical, medical, low-level radioactive, and 
other hazardous wastes, in addition to contaminated dredged material, 
construction debris, derelict vessels, etc. An Interim MBDS was 
designated in 1977 for the disposal of dredged material and it was 
closed in 1993, when the existing MBDS was designated following all the 
requirements of the MPRSA and National Environmental Policy Act (NEPA). 
Studies and monitoring of the area have shown no significant impacts on 
water quality, sediment quality, or marine resources. More information 
regarding the effects of disposal in the area can be found in the Final 
Environmental Assessment on the Proposed Expansion of the Massachusetts 
Bay Ocean Dredged Material Disposal Site and Finding of No Significant 
Impact. The berm-building disposal technique designed by USACE is 
intended to limit the resuspension of potentially contaminated seafloor 
sediment or hazardous materials in the area. Furthermore, placing 
suitable dredged material generated during the USACE Boston Harbor 
improvement project on top of potentially contaminated materials dumped 
at the IWS in the past will isolate these potential contaminants under 
a protective layer of suitable sediments, consisting primarily of clay.
    (8) Interference with shipping, fishing, recreation, mineral 
extraction, desalination, fish and shellfish culture, areas of special 
scientific importance and other legitimate uses of the ocean.
    Extensive shipping, fishing, recreational, and scientific research 
activities take place in Massachusetts Bay throughout the year. Dredged 
material disposal operations at the MBDS have not interfered with these 
activities and temporarily expanding the MBDS is not expected to 
interfere with these activities either. Due to the hazardous nature of 
material historically disposed in the IWS, a warning to fishermen 
against fishing and shellfishing in the area is already included on all 
nautical charts, and the area is closed for the harvesting of ocean 
quahogs and surf clams. Therefore, disposal operations in the area are 
not expected to interfere with any existing fishing activity. To the 
extent that fishermen ignore the warnings regarding the IWS, the 
proposed action will not create any greater interference because, as 
stated above, both fishing and dredged material disposal activities 
have long been carried out in the area of the MBDS without 
interference. Moreover, once the IWS barrel field is covered, the area 
should be safer for any fishermen who drag their nets through that 
area.
    (9) The existing water quality and ecology of the site as 
determined by available data or by trend assessment or baseline 
surveys.
    Monitoring at the disposal area has taken place since the late 
1970s under the DAMOS program. Surveys at the MBDS have detected no 
significant differences in water quality or biological

[[Page 24412]]

characteristics in the disposal site and adjacent reference areas. A 
Baseline Seafloor Assessment Survey for the Proposed Expansion of the 
Massachusetts Bay Disposal Site was completed by the USACE in 
anticipation of this project and is available on the USACE DAMOS 
webpage at http://www.nae.usace.army.mil/Missions/Disposal-Area-Monitoring-System-DAMOS/.
    (10) Potentiality for the development or recruitment of nuisance 
species in the disposal site.
    There are no known components of dredged material or consequences 
of its disposal that would attract or result in the recruitment or 
development of nuisance species at the expanded MBDS. Nuisance species 
have not been detected in any survey of the area.
    (11) Existence at or in close proximity to the site of any 
significant natural or cultural features of historical importance.
    There are two known shipwrecks within the boundaries of the 
existing MBDS: a Coast Guard vessel and a 55-foot fishing boat. Both 
were intentionally sunk in 1981 and are not considered to be 
historically significant. Additional shipwrecks have been revealed in 
the general area during subsequent surveys, although there are no 
identified shipwrecks within the Potential Restoration Area. Disposal 
operations have avoided and will continue to avoid any shipwrecks in 
the project area by implementing a fifty-meter buffer around known 
shipwrecks within which no disposal will occur.

III. Environmental Statutory Review

a. National Environmental Policy Act (NEPA)

    Section 102 of the National Environmental Policy Act of 1969, as 
amended (NEPA), 42 U.S.C. 4321 to 4370f, requires federal agencies to 
prepare an Environmental Impact Statement (EIS) for major federal 
actions significantly affecting the quality of the human environment. 
When a federal agency evaluates an action that it plans to take and 
finds that it will not significantly affect the environment, it may 
issue an Environmental Assessment and a Finding of No Significant 
Impact (i.e., an ``EA/FONSI'').
    NEPA does not apply to EPA designations of ocean disposal sites 
under the MPRSA because EPA's actions under the MPRSA are exempt from 
the procedural requirements of NEPA through the functional equivalence 
doctrine. Nevertheless, as a matter of policy, EPA undertakes a NEPA 
review for certain of its regulatory actions, including the designation 
of dredged material disposal sites under Section 102 of the MPRSA. The 
EPA's ``Notice of Policy and Procedures for Voluntary Preparation of 
NEPA Documents'' (Voluntary NEPA Policy), 63 FR 58045 (October 29, 
1998), sets out both the policy and procedures the EPA uses when 
preparing such environmental review documents.
    The EPA's primary voluntary NEPA document addressing the temporary 
expansion of the MBDS is the Final Environmental Assessment on the 
Proposed Expansion of the Massachusetts Bay Ocean Dredged Material 
Disposal Site and Finding of No Significant Impact (Final EA), prepared 
by EPA in cooperation with USACE. Anyone desiring a copy of the Final 
EA may obtain one using the methods provided above in the Docket 
section. The Draft Environmental Assessment on the Expansion of the 
Massachusetts Bay Ocean Dredged Material Disposal Site (ODMDS) (Draft 
EA) was released for public review concurrently with the Proposed Rule. 
The Final EA, which is part of the Docket for this action, provides the 
environmental review for the temporary modification of the MBDS. 
Information from the Final EA is used in the above discussion of the 
ocean dumping criteria.

b. Magnuson-Stevens Fishery Conservation & Management Act (MSA)

    EPA integrated the EFH assessment into the Draft EA, pursuant to 
Section 305(b), 16 U.S.C. 1855(b)(2), of the Magnuson-Stevens Act, as 
amended (MSA), 16 U.S.C. 1801-1891d, and submitted that assessment to 
NMFS on September 28, 2017. NMFS responded via letter with a 
recommendation to avoid disposal on the glacial knoll that is within 
the boundaries of the Potential Restoration Area. EPA and USACE have 
adopted this recommendation and will avoid the disposal of any dredged 
material on this feature. This recommendation has also been 
incorporated into the Final EA.

c. Coastal Zone Management Act (CZMA)

    EPA determined that the modification of the MBDS is consistent to 
the maximum extent practicable with the enforceable policies of the 
Massachusetts coastal management program, and a letter was submitted to 
the Massachusetts Office of Coastal Zone Management (MCZM) on September 
28, 2017. MCZM submitted a letter of concurrence to EPA on November 30, 
2017.

d. Endangered Species Act (ESA)

    The Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 to 
1544, requires federal agencies to consult with NMFS and the U.S. Fish 
and Wildlife Service (FWS) to ensure that any action authorized, 
funded, or carried out by the federal agency is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of any critical habitat. The EPA incorporated an assessment of the 
potential effects of temporarily modifying the MBDS on aquatic and 
wildlife species, including any species listed under the ESA, into the 
Draft EA, and EPA has submitted that assessment to NMFS and FWS. EPA 
concluded that this action is not likely to adversely affect any 
threatened or endangered species, nor would it adversely modify any 
designated critical habitat. EPA submitted a letter to NMFS on October 
30, 2017, that stated that the re-initiation of consultation was not 
necessary for this action. NMFS submitted a letter of concurrence to 
EPA on November 21, 2017. EPA sent a letter to FWS on September 22, 
2017, and confirmed that no consultation was necessary.

e. National Historic Preservation Act (NHPA)

    The National Historic Preservation Act, as amended (NHPA), 16 
U.S.C. 470 to 470a-2, requires federal agencies to take into account 
the effect of their actions on districts, sites, buildings, structures, 
or objects, included in, or eligible for inclusion in, the National 
Register of Historical Places. EPA submitted a letter to the 
Massachusetts State Historic Preservation Office (SHPO) on September 
28, 2017, outlining the plan to avoid the historic shipwrecks in the 
area during disposal operations. The Massachusetts SHPO provided a 
letter of concurrence with the avoidance plan to EPA on October 19, 
2017.

IV. Statutory and Executive Order Reviews

    This rulemaking proposes the modification of an ODMDS pursuant to 
Section 102 of the MPRSA. This action complies with applicable 
Executive Orders and statutory provisions as follows:

[[Page 24413]]

a. Executive Order 12866: Regulatory Planning and Review; Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 3, 1993) and is, 
therefore, not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

b. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This temporary site modification does not require persons to obtain, 
maintain, retain, report, or publicly disclose information to or for a 
federal agency.

c. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires federal 
agencies to prepare a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities (businesses, organizations, or 
jurisdictions). EPA has determined that this action will not have a 
significant economic impact on small entities.

d. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, 2 U.S.C. 
1531 to 1538, for state, local, or tribal governments or the private 
sector. This action imposes no new enforceable duty on any state, local 
or tribal governments or the private sector. Therefore, this action is 
not subject to the requirements of sections 202 or 205 of the UMRA. 
This action is also not subject to the requirements of section 203 of 
the UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small government entities. Those 
entities are already subject to existing permitting requirements for 
the disposal of dredged material in ocean waters.

e. Executive Order 13132: Federalism

    This action does not have federalism implications. It does not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among various levels of government, as specified 
in Executive Order 13132. Thus, Executive Order 13132 does not apply to 
this action. In the spirit of Executive Order 13132, and consistent 
with EPA policy to promote communications between the EPA and state and 
local governments, EPA has coordinated with, and specifically solicited 
comments from, state and local officials with regard to this action.

f. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. The modification of the MBDS will not have a 
direct effect on Indian tribes, on the relationship between the federal 
government and Indian tribes, or on the distribution of power and 
responsibilities between the federal government and Indian tribes. 
Thus, Executive Order 13175 does not apply to this action.

g. Executive Order 13045: Protection of Children From Environmental 
Health & Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866 and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

h. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355) 
because it is not a ``significant regulatory action'' as defined under 
Executive Order 12866.

i. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards and, 
therefore, the National Technology Transfer and Advancement Act does 
not apply.

j. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629) establishes federal executive 
policy on environmental justice. Its main provision directs federal 
agencies, to the greatest extent practicable and permitted by law, to 
make environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. The EPA determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations. This action is expected 
to be protective of human health because it will enable the wastes 
already within the Potential Restoration Area to be isolated under a 
protective layer of sediment. This should help prevent any accidental 
recovery of barrels by fishermen and prevent contaminants from the 
historic disposal from entering the food web. The EPA has assessed the 
overall protectiveness of modifying the MBDS against the criteria 
established pursuant to the MPRSA to ensure that any adverse impact to 
the environment will be mitigated to the greatest extent practicable. 
No adverse impacts are expected. The action is, instead, expected to 
improve environmental conditions in Massachusetts Bay by enabling 
contaminated material dumped at the IWS in the past to be covered with 
suitable dredged material in order to isolate the former from the 
environment.

k. Executive Order 13158: Marine Protected Areas

    Executive Order 13158 (65 FR 34909, May 31, 2000) requires EPA to 
``expeditiously propose new science-based regulations, as necessary, to 
ensure appropriate levels of protection for the marine environment.'' 
EPA may take action to enhance or expand protection of existing marine 
protected areas and to establish or recommend, as appropriate, new 
marine protected areas. The purpose of the Executive Order is to 
protect the significant natural and cultural resources with the marine 
environment, which includes, ``those areas of coastal and ocean waters, 
the Great Lakes and their connecting waters, and submerged lands 
thereunder, over which the United States exercises jurisdiction, 
consistent with international law.''
    EPA anticipates that this action will afford additional protection 
to the waters of Massachusetts Bay and organisms that inhabit them. By 
covering the barrel field and surrounding seafloor sediment of the 
historic IWS, potential contaminants should be prevented from entering 
the water column or food web in Massachusetts Bay. This should provide, 
if anything, greater protection for the natural resources of the SBNMS, 
which is in the vicinity of the temporarily expanded MBDS.

[[Page 24414]]

l. Executive Order 13547: Stewardship of the Ocean, Our Coasts, and the 
Great Lakes

    Section 6(a)(i) of Executive Order 13547, (75 FR 43023, July 19, 
2010) requires, among other things, EPA and certain other agencies `` . 
. . to the fullest extent consistent with applicable law [to] . . . 
take such action as necessary to implement the policy set forth in 
section 2 of this order and the stewardship principles and national 
priority objectives as set forth in the Final Recommendations and 
subsequent guidance from the Council.'' The policies in section 2 of 
Executive Order 13547 include, among other things, the following: `` . 
. . it is the policy of the United States to: (i) Protect, maintain, 
and restore the health and biological diversity of ocean, coastal, and 
Great Lakes ecosystems and resources; [and] (ii) improve the resiliency 
of ocean, coastal, and Great Lakes ecosystems, communities, and 
economies. . . .'' As with Executive Order 13158 (Marine Protected 
Areas), the overall purpose of the Executive Order is to promote 
protection of ocean and coastal environmental resources.
    EPA anticipates that this action will afford additional protection 
to the waters of Massachusetts Bay and organisms that inhabit them. By 
covering the barrel field and surrounding seafloor sediment of the 
historic IWS, potential contaminants should be prevented from entering 
the water column or food web in Massachusetts Bay.

m. Executive Order 13771 Reducing Regulation and Controlling Regulatory 
Costs

    This action would not be a ``significant regulatory action'' under 
the terms of Executive Order 12866 (58 FR 51735, October 3, 1993) and 
is, therefore, not subject to review under Executive Order 13771. See 
OMB, ``Guidance Implementing Executive Order 13771, Titled ``Reducing 
Regulation and Controlling Regulatory Costs'' (M-17-21) (April 5, 
2017), p. 3 (``An `E.O. 13771 Regulatory Action' is: (i) A significant 
regulatory action as defined in section 3(f) of E.O. 12866 that has 
been finalized and that imposes total costs greater than zero. . . 
.'').

n. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A ``major rule'' 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a major rule as defined by 5 U.S.C. 
804(2). This rule will be effective 30 days after date of publication.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: May 15, 2018.
Alexandra Dapolito Dunn
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, title 40, Chapter I, of the 
Code of Federal Regulations is to be amended as set forth below.

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. Amend Sec.  228.15 by revising paragraphs (b)(2)(i), (ii), (iii), 
and (vi) to read as follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (b) * * *
    (2) * * *
    (i) Location: Two overlapping circles: Center of existing MBDS: 
42[deg]25.1' N, 70[deg]35.0' W, 1 nautical mile radius; Center of 
temporary expansion: 42[deg]26.417' N, 70[deg]35.373' W, 0.75 nautical 
mile radius (NAD 1983).
    (ii) Size: 4.60 sq. nautical miles.
    (iii) Depth: Range from 70 to 91 meters.
* * * * *
    (vi) Restriction: Disposal shall be limited to dredged material 
which meets the requirements of the MPRSA and its accompanying 
regulations. Disposal-and-capping is prohibited at the MBDS until its 
efficacy can be effectively demonstrated. The temporary expansion of 
the MBDS shall be used solely for the disposal of suitable dredged 
material generated during the Boston Harbor Deep Draft Navigation 
Project using the berm-building method devised and tested by the U.S. 
Army Corps of Engineers. The temporary expansion will automatically 
close upon completion of the Boston Harbor Deep Draft Navigation 
Project.
* * * * *
[FR Doc. 2018-11322 Filed 5-25-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                24408                  Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Rules and Regulations

                                                                                            EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued
                                                                                                                                                  State
                                                     Illinois                                   Title/subject                                    effective                          EPA approval date                          Comments
                                                     citation                                                                                      date

                                                214.102 ............    Abbreviations and Units ................................                   12/7/2015        2/1/2018, 83 FR 4591 ...................................
                                                214.103 ............    Definitions ......................................................         12/7/2015        2/1/2018, 83 FR 4591 ...................................
                                                214.104 ............    Incorporations by Reference .........................                      12/7/2015        2/1/2018, 83 FR 4591 ...................................

                                                           *                            *                              *                            *                           *                         *                     *

                                                                                             Subpart D: Existing Liquid or Mixed Fuel Combustion Emission Sources


                                                        *                         *                          *                                      *                         *                       *                         *
                                                214.162 ............    Combination of Fuels ....................................                  12/7/2015        2/1/2018, 83 FR 4591 ...................................

                                                           *                            *                              *                            *                           *                         *                     *

                                                                                              Subpart F: Alternative Standards for Sources Inside Metropolitan Areas

                                                214.201 ............    Alternative Standards for Sources in Metro-                                12/7/2015        2/1/2018, 83 FR 4591 ...................................
                                                                          politan Areas.

                                                           *                            *                              *                            *                           *                         *                     *

                                                                                                                        Subpart K: Process Emission Sources

                                                214.300 ............    Scope ............................................................         12/7/2015        2/1/2018, 83 FR 4591 ...................................

                                                        *                          *                     *                                          *                         *                       *                         *
                                                214.305 ............    Fuel Sulfur Content Limitations .....................                      12/7/2015        2/1/2018, 83 FR 4591 ...................................

                                                           *                            *                              *                            *                           *                         *                     *

                                                                                                          Subpart Q: Primary and Secondary Metal Manufacturing

                                                214.421 ............    Combination of Fuels at Steel Mills in Metro-                              12/7/2015        2/1/2018, 83 FR 4591 ...................................
                                                                         politan Areas.

                                                           *                            *                              *                            *                           *                         *                     *



                                                *      *        *       *        *                                  modification is to allow for the                                   main ship channel, which will generate
                                                [FR Doc. 2018–11324 Filed 5–25–18; 8:45 am]                         environmental restoration of a particular                          approximately 11 million cubic yards
                                                BILLING CODE 6560–50–P                                              area adjacent to the MBDS (Potential                               (cy) of dredged material. The existing
                                                                                                                    Restoration Area) by temporarily                                   MBDS will continue to be used for
                                                                                                                    expanding the boundaries of the                                    disposal of other dredging projects, as
                                                ENVIRONMENTAL PROTECTION                                            existing MBDS. The temporary                                       usual. The expansion area will
                                                AGENCY                                                              expansion is a circular area that                                  permanently close upon completion of
                                                                                                                    contains the Potential Restoration Area,                           the Boston Harbor Deep Draft
                                                40 CFR Part 228                                                                                                                        Navigation Project, while the existing
                                                                                                                    which includes most of the historic
                                                [EPA–R01–OW–2017–0528; FRL–9978–51—                                 Industrial Waste Site (IWS). Decades                               MBDS will remain open for the disposal
                                                Region 1]                                                           ago, the IWS was used for the disposal                             of other suitable dredged material. Like
                                                                                                                    of barrels containing industrial,                                  the MBDS, however, the expansion area
                                                Ocean Disposal; Temporary                                           chemical and low-level radioactive                                 will be subject to ongoing monitoring
                                                Modification of an Ocean Dredged                                    waste, as well as for the disposal of                              and management to monitor the
                                                Material Disposal Site in                                           munitions, ordnance, construction                                  recovery of the area and to ensure
                                                Massachusetts Bay                                                   equipment, and contaminated dredged                                continued protection of the marine
                                                                                                                    material. The modification of the                                  environment.
                                                AGENCY:  Environmental Protection
                                                Agency (EPA).                                                       disposal site boundary will enable the                             DATES:  The effective date of this rule is
                                                                                                                    U.S. Army Corps of Engineers (USACE)                               June 28, 2018.
                                                ACTION: Final rule.
                                                                                                                    to place suitable dredged material                                 ADDRESSES: The EPA has established a
                                                SUMMARY:  The Environmental Protection                              generated from the Boston Harbor Deep                              docket for this action under Docket ID
jstallworth on DSKBBY8HB2PROD with RULES




                                                Agency (EPA) is approving a temporary                               Draft Navigation Project at the Potential                          No. EPA–R01–OW–2017–0528. All
                                                modification of the boundaries of the                               Restoration Area in order to cover the                             documents in the docket are listed on
                                                Massachusetts Bay Dredged Material                                  barrels and other wastes disposed there                            the https://www.regulations.gov website
                                                Disposal Site (MBDS) pursuant to the                                in the past. This is expected to improve                           or on the EPA Region 1 MBDS web page
                                                Marine Protection, Research, and                                    environmental conditions at the site.                              at https://www.epa.gov/ocean-dumping/
                                                Sanctuaries Act (MPRSA), as amended.                                The Deep Draft Navigation Project                                  massachusetts-bay-industrial-waste-site-
                                                The purpose of this temporary site                                  includes improvement dredging of the                               restoration-project. Although listed in


                                           VerDate Sep<11>2014      14:11 May 25, 2018      Jkt 244001      PO 00000       Frm 00012         Fmt 4700   Sfmt 4700    E:\FR\FM\29MYR1.SGM         29MYR1


                                                                   Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Rules and Regulations                                          24409

                                                the index, some information is not                      variety of wastes that would not be                   MBDS site boundaries does not
                                                publicly available, e.g., CBI or other                  permitted for disposal today. The IWS is              constitute an approval by EPA or
                                                information whose disclosure is                         a circular site with its center at 42°25.7′           USACE for open-water disposal of
                                                restricted by statute. Certain other                    N, 70°35.0′ W and a radius of 1 nmi. It               dredged material from any specific
                                                material, such as copyrighted material,                 is believed that disposal of derelict                 project. Thus, although the plan is that
                                                is not placed on the internet and will be               vessels, construction debris, commercial              suitable material from the USACE’s
                                                publicly available only in hard copy                    waste, and dredged material at the area               Boston Harbor improvement project
                                                form. Publicly available docket                         may have begun in the early 1900s.                    would be placed at the temporary
                                                materials are available electronically                  There are records dating back to the                  expansion area, any material proposed
                                                through https://www.regulations.gov.                    1940s documenting the disposal of                     for disposal will have to go through
                                                They are also available in hard copy                    radioactive, chemical and hospital                    project-specific review and approval.
                                                during normal business hours at the                     waste, ordnance, munitions, etc. Use of
                                                                                                        the IWS was discontinued in 1977 and                  b. Location and Configuration of the
                                                EPA Region 1 Library, 5 Post Office
                                                                                                        the site was officially de-designated in              Modified Ocean Dredged Material
                                                Square Boston, MA 02109.
                                                   The supporting document for this site                1990 (55 FR 3688, February 2, 1990).                  Disposal Site
                                                modification is the Final Environmental                 From 1977 through 1993, there was an                    This Final Rule temporarily modifies
                                                Assessment on the Proposed Expansion                    Interim Massachusetts Bay Disposal Site               the MBDS by expanding it to include
                                                of the Massachusetts Bay Ocean                          for dredged material disposal with a                  the Potential Restoration Area, which
                                                Dredged Material Disposal Site and                      center 1 nmi east of the IWS at 42°25.7′              encompasses the IWS barrel field. The
                                                Finding of No Significant Impact, May                   N, 70°34.0′ W and a radius of 1 nmi. In               expansion will be temporary, opening
                                                2018, which was prepared by EPA.                        1993, the existing MBDS was designated                upon the effective date of the Final Rule
                                                FOR FURTHER INFORMATION CONTACT:                        by EPA with a center at 42°25.1′ N,                   and closing upon completion of the
                                                Alicia Grimaldi, U.S. Environmental                     70°35.0′ W and a radius of 1 nmi, an                  Boston Harbor Deep Draft Navigation
                                                Protection Agency, Region 1, 5 Post                     area of 3.14 nmi2, and depth ranges                   Project. The temporarily expanded site
                                                Office Square, Suite 100, Mail Code:                    from 82 to 92 meters (m). The MBDS                    will consist of two partially overlapping
                                                OEP 6–1, Boston, MA 02109;                              overlaps the southern portion of the                  circles:
                                                telephone—(617) 918–1806; fax—(617)                     IWS, but avoids the known densest
                                                                                                                                                              • Center 1—42°25.1′ N, 70°35.0′ W, 1
                                                918–0806; email address—                                concentration of barrels, also known as
                                                                                                                                                                nautical mile radius (existing MBDS)
                                                grimaldi.alicia@epa.gov.                                the barrel field. The MBDS is used
                                                                                                        solely for the disposal of dredged                    • Center 2—42°26.417′ N, 70°35.373′ W,
                                                SUPPLEMENTARY INFORMATION:                                                                                      0.75 nautical mile radius (temporary
                                                                                                        material, primarily from Boston Harbor,
                                                I. Potentially Affected Persons                         but also from smaller harbors and                       expansion)
                                                   The expansion of the MBDS is a                       navigation channels north and south of                   The area of the temporarily modified
                                                temporary modification made in order                    Boston.                                               MBDS is 4.60 nmi2 and the western
                                                to improve environmental conditions at                     The USACE will begin the Boston                    edge is approximately 19 nmi east of
                                                the Potential Restoration Area by                       Harbor improvement dredging project in                Boston. Water depths at the modified
                                                allowing suitable dredged material from                 2018. The project is expected to                      site range from 70 to 91 m. Like the
                                                the USACE Boston Harbor improvement                     generate approximately 11 million cy of               existing MBDS, the modified MBDS will
                                                project to be placed over wastes                        suitable dredged material consisting                  not overlap, and is not expected to
                                                dumped in the past at the historic IWS.                 primarily of Boston blue clay and glacial             impact, the Stellwagen Bank National
                                                The USACE are persons potentially                       till. EPA and USACE are proposing to                  Marine Sanctuary (SBNMS).
                                                affected by this action, as they are                    use this dredged material beneficially by
                                                                                                        covering the area in and around the                   c. Response to Comments
                                                responsible for the Boston Harbor Deep
                                                Draft Navigation Project and the                        historic IWS barrel field to a depth of                  On September 22, 2017, EPA
                                                disposal of dredged material into ocean                 one to two meters. This will be                       published a Proposed Rule proposing to
                                                waters under MPRSA. The existing                        accomplished utilizing a method of                    temporarily modify the MBDS with a
                                                MBDS will continue to be used for the                   disposal developed and tested by the                  supporting Draft Environmental
                                                                                                        USACE, which is designed to prevent                   Assessment and opened a public
                                                disposal of dredged material from other
                                                                                                        direct impact of sediment onto waste                  comment period under Docket ID EPA–
                                                projects that is suitable for ocean
                                                                                                        containers. This method of disposal is                R01–OW–2017–0528. The comment
                                                disposal pursuant to the MPRSA. This
                                                                                                        intended to reduce the risk of breaking               period ended on October 23, 2017. EPA
                                                action will also impact those fishermen
                                                                                                        barrels and resuspending potentially                  received eleven comments on the
                                                who utilize the historic IWS for fishing,
                                                                                                        contaminated seafloor sediment.                       Proposed Rule and Draft Environmental
                                                despite posted warnings, by helping to                     Before any entity can dispose of
                                                reduce the risk of potential injury                                                                           Assessment. The comments received are
                                                                                                        dredged material at the MBDS, EPA and
                                                resulting from the inadvertent retrieval                                                                      listed below:
                                                                                                        the USACE must evaluate the project
                                                of wastes from the IWS in their nets.                   according to the ocean dumping                           • Support of the temporary expansion
                                                There have been documented instances                    regulatory criteria (40 CFR 227) and                  of the MBDS (6 commenters);
                                                of fishermen trawling up barrels in the                 determine whether to authorize the                       • Boundaries of the temporary
                                                IWS area and this action will lower the                 disposal. Under Section 103 of the                    expansion of the MBDS overlap with the
                                                risk of that occurring in the future.                   MPRSA, disposal projects are                          Neptune Deepwater Port (1 commenter);
                                                II. Background                                          authorized by the USACE and EPA                          • Importance of proceeding with
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                        independently evaluates proposed                      disposal carefully to prevent breakage of
                                                a. History of Disposal Sites in                         disposal projects and has the right to                barrels (4 commenters);
                                                Massachusetts Bay                                       restrict and/or reject the disposal of                   • Barrels may no longer exist on the
                                                   The IWS is a disposal site in                        dredged material if it determines that                seafloor (1 commenter);
                                                Massachusetts Bay approximately 20                      the environmental protection                             • Sewage sludge should not be
                                                nautical miles (nmi) east of Boston that                requirements under the MPRSA have                     disposed in the ocean or used for
                                                was used in the past for disposal of a                  not been met. This modification to the                capping (1 commenter);


                                           VerDate Sep<11>2014   14:11 May 25, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\29MYR1.SGM   29MYR1


                                                24410              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Rules and Regulations

                                                   • There is no evidence of                            includes management and monitoring                    the site can be expected to be reduced
                                                contamination at the IWS (1                             requirements to ensure that the any                   to normal ambient seawater levels or to
                                                commenter);                                             dredged material placed at the sites is               undetectable contaminant
                                                   • Disposing material further out into                suitable for ocean disposal and that the              concentrations or effects before reaching
                                                the ocean is a cheaper solution (1                      adverse impacts of disposal, if any, are              any beach, shoreline, marine sanctuary,
                                                commenter);                                             addressed to the maximum extent                       or known geographically limited fishery
                                                   • Other disposal sites were not                      practicable. The SMMP for the MBDS                    or shellfishery.
                                                considered (1 commenter);                               includes restrictions on disposal vessel                 The modified MBDS will be used only
                                                   • The temporary expansion of the                     speeds, requirements for the presence of              for dredged material suitable for ocean
                                                MBDS will eliminate fishable bottom (2                  a marine mammal observer for each                     disposal under the MPRSA. USACE also
                                                commenters);                                            disposal event, and other guidelines to               models disposal projects to evaluate
                                                   • How to stay informed on the status                 minimize any potential conflicts with                 their potential to violate water quality
                                                of the project (2 commenters);                          threatened or endangered species and                  standards. The nearest shoreline to the
                                                   • Disposal could impact the health of                other uses or activities in this area.                modified MBDS is approximately eight
                                                the ecosystem (1 commenter);                                                                                  nmi to the north. The prevailing current
                                                   • Typographic errors in Draft EA (1                  e. MPRSA Criteria
                                                                                                                                                              is not expected to transport dredged
                                                commenter);                                                EPA has assessed the temporary                     material to surrounding beaches or
                                                   • Modification of the MBDS will                      modification to the MBDS according to                 shores. Temporary changes caused by
                                                change the size of the SBNMS (1                         the criteria of the MPRSA, with                       the physical movement of sediment
                                                commenter);                                             particular emphasis on the general and                through the water column will be
                                                   • The Potential Restoration Area will                specific regulatory criteria of 40 CFR                reduced to ambient conditions before
                                                increase with additional dredged                        228.5 and 228.6, to determine whether                 reaching any environmentally sensitive
                                                material (1 commenter);                                 the site modification satisfies those                 area. The SBNMS is immediately east of
                                                   • The removal of barrels from the                    criteria. The Final Environmental                     the site, but a steep bathymetric rise
                                                IWS was not considered as an                            Assessment of the Proposed Expansion                  between the two features provides
                                                alternative (2 commenters);                             of the Massachusetts Bay Ocean
                                                                                                                                                              containment of dredged material in the
                                                   • Ensure that the disposal of dredged                Dredged Material Disposal Site and
                                                                                                                                                              deeper area known as Stellwagen Basin.
                                                material and the temporary expansion is                 Finding of No Significant Impact
                                                                                                                                                              There are no known geographically-
                                                monitored (2 commenters);                               provides an extensive evaluation of the
                                                   • The Massachusetts Department of                                                                          limited fisheries or shellfisheries in the
                                                                                                        site selection criteria and other related
                                                Marine Fisheries (MDMF) would like to                                                                         project area.
                                                                                                        factors considered for the modification
                                                consult on disposal time-of-year                                                                                 (d) The sizes of ocean disposal sites
                                                                                                        of the MBDS, and a summary is
                                                restrictions to minimize impact to cod                                                                        will be limited in order to localize for
                                                                                                        included below.
                                                spawning (1 commenter); and                                                                                   identification and control any
                                                   • MDMF would like the USACE and                      General Criteria (40 CFR 228.5)                       immediate adverse impacts and permit
                                                EPA to continue participating in a                         (a) The dumping of materials into the              the implementation of effective
                                                working group exploring other                           ocean will be permitted only at sites or              monitoring and surveillance programs
                                                opportunities for beneficial use of                     in areas selected to minimize the                     to prevent adverse long-range impacts.
                                                dredged material (1 commenter).                         interference of disposal activities with              The size, configuration, and location of
                                                   The responses to these comments can                  other activities in the marine                        any disposal site will be determined as
                                                be found in the Final Environmental                     environment, particularly avoiding                    a part of the disposal site evaluation or
                                                Assessment on the Proposed Expansion                    areas of existing fisheries or                        designation study.
                                                of the Massachusetts Bay Ocean                          shellfisheries, and regions of heavy                     The size and configuration of the
                                                Dredged Material Disposal Site and                      commercial or recreational navigation.                temporarily modified MBDS is
                                                Finding of No Significant Impact, which                    Since its designation in 1993, disposal            specifically designed to allow for the
                                                is available on Regulations.gov and the                 at the MBDS has not interfered with                   IWS barrel field to be covered by
                                                EPA Region 1 MBDS web page: https://                    other activities in the marine                        suitable dredged material generated
                                                www.epa.gov/ocean-dumping/                              environment. It is anticipated that this              during the USACE Boston Harbor
                                                massachusetts-bay-industrial-waste-site-                also will be the case for the temporarily             improvement project. The MBDS area
                                                restoration-project.                                    modified MBDS. The IWS has been                       has been monitored under the USACE
                                                                                                        closed by the National Oceanic and                    Disposal Area Monitoring System
                                                d. Management and Monitoring of the                     Atmospheric Administration’s (NOAA)                   (DAMOS) program since the late 1970s.
                                                Site                                                    National Marine Fisheries Service                     Monitoring will continue at the
                                                   There will be two distinct areas of the              (NMFS) since 1980 to the harvesting of                temporarily expanded MBDS to prevent
                                                modified MBDS: The existing MBDS                        surf clams and ocean quahogs. There is                adverse long-range impacts.
                                                and the temporary expansion. The                        also a warning from NOAA and the                         (e) EPA will, wherever feasible,
                                                existing MBDS will continue to be                       Food and Drug Administration (FDA) on                 designate ocean dumping sites beyond
                                                utilized as a dredged material disposal                 all nautical charts against harvesting                the edge of the continental shelf and
                                                site for those projects generating                      fish and shellfish in the area. The                   other such sites that have been
                                                dredged material suitable for open-water                expanded MBDS area has low                            historically used.
                                                disposal under the MPRSA. The                           recreational boater density and does not                 The continental shelf is over 220 nmi
                                                temporary expansion will be used solely                 overlap with the shipping lanes into and              east of Boston. Therefore, transporting
jstallworth on DSKBBY8HB2PROD with RULES




                                                for the disposal of suitable dredged                    out of Boston Harbor.                                 material to, and performing long-term
                                                material generated from the Boston                         (b) Locations and boundaries of                    monitoring at, a site located off the
                                                Harbor improvement dredging project.                    disposal sites will be so chosen that                 continental shelf is not economically or
                                                Management of both the existing MBDS                    temporary perturbations in water                      operationally feasible. Moreover, taking
                                                and the temporary expansion will abide                  quality or other environmental                        material somewhere off the continental
                                                by the Site Management and Monitoring                   conditions during initial mixing caused               shelf will not help to isolate the wastes
                                                Plan (SMMP) for the MBDS. The SMMP                      by disposal operations anywhere within                previously placed at the IWS. The


                                           VerDate Sep<11>2014   14:11 May 25, 2018   Jkt 244001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\29MYR1.SGM   29MYR1


                                                                   Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Rules and Regulations                                           24411

                                                project area has been used for ocean                       The MBDS is only to be used for the                National Environmental Policy Act
                                                disposal since at least the early 1900s.                disposal of dredged material that is                  (NEPA). Studies and monitoring of the
                                                                                                        suitable for ocean disposal under the                 area have shown no significant impacts
                                                Specific Criteria (40 CFR 228.6(a))
                                                                                                        MPRSA. The temporary expansion of                     on water quality, sediment quality, or
                                                   (1) Geographical position, depth of                  the MBDS will only be used for suitable               marine resources. More information
                                                water, bottom topography and distance                   dredged material generated during the                 regarding the effects of disposal in the
                                                from coast.                                             USACE Boston Harbor improvement                       area can be found in the Final
                                                   The temporarily expanded MBDS is                     project. Disposal within the temporary                Environmental Assessment on the
                                                located in an area of Massachusetts Bay                 expansion will utilize a berm-building                Proposed Expansion of the
                                                known as Stellwagen Basin and is                        technique devised by the USACE in                     Massachusetts Bay Ocean Dredged
                                                approximately eight nmi from the                        order to minimize the risk of barrel                  Material Disposal Site and Finding of
                                                nearest coastline in Gloucester, MA. The                breakage or resuspension of potentially               No Significant Impact. The berm-
                                                depth of the temporarily expanded site                  contaminated seafloor sediment.                       building disposal technique designed by
                                                ranges from 70–91 m. The seafloor in                       (5) Feasibility of surveillance and                USACE is intended to limit the
                                                the area is primarily flat and consists                 monitoring.                                           resuspension of potentially
                                                primarily of silt and clay. There are two                  The MBDS is monitored through the                  contaminated seafloor sediment or
                                                large glacial knolls included within the                DAMOS program under the guidance of                   hazardous materials in the area.
                                                boundaries of the temporary expansion,                  the SMMP. Disposal is also monitored                  Furthermore, placing suitable dredged
                                                both roughly 20 m high. These knolls                    through the National Dredging Quality                 material generated during the USACE
                                                are not included in the Potential                       Management Program to confirm                         Boston Harbor improvement project on
                                                Restoration Area and, therefore, no                     accurate placement of dredged material.               top of potentially contaminated
                                                disposal will take place on them. There                 The area of temporary expansion will be               materials dumped at the IWS in the past
                                                is a smaller glacial knoll, approximately               included in the monitoring of the MBDS                will isolate these potential contaminants
                                                six m high, included within the                         under the DAMOS program from the                      under a protective layer of suitable
                                                boundaries of the Potential Restoration                 time of first disposal for as long as                 sediments, consisting primarily of clay.
                                                Area. The USACE is drafting a project                   MBDS monitoring continues.                               (8) Interference with shipping, fishing,
                                                design that will ensure that this feature                  (6) Dispersal, horizontal transport and            recreation, mineral extraction,
                                                will be avoided by disposal operations.                 vertical mixing characteristics of the                desalination, fish and shellfish culture,
                                                   (2) Location in relation to breeding,                area, including prevailing current                    areas of special scientific importance
                                                spawning, nursery, feeding, or passage                  direction and velocity, if any.                       and other legitimate uses of the ocean.
                                                areas of living resources in adult or                      Current velocities range from 0–30                    Extensive shipping, fishing,
                                                juvenile phases.                                        cm/s in the MBDS area. Currents are                   recreational, and scientific research
                                                   The MBDS area contains Essential                     influenced by tides in a rotational                   activities take place in Massachusetts
                                                Fish Habitat (EFH) for various fish                     manner, but net water movement is to                  Bay throughout the year. Dredged
                                                species, and certain species of whale                   the southeast. Regional dredged material              material disposal operations at the
                                                and sea turtle listed as either threatened              is primarily made up of fine sand, silt,              MBDS have not interfered with these
                                                or endangered under the Endangered                      and clay. Dredged material generated                  activities and temporarily expanding the
                                                Species Act (ESA) have been sighted in                  during the USACE Boston Harbor                        MBDS is not expected to interfere with
                                                the vicinity of the MBDS. Furthermore,                  improvement project is primarily                      these activities either. Due to the
                                                the entirety of Massachusetts Bay and                   Boston blue clay, which is cohesive and,              hazardous nature of material historically
                                                most of the larger Gulf of Maine are                    therefore, settles rapidly. Minimal                   disposed in the IWS, a warning to
                                                designated as critical foraging habitat for             horizontal mixing or vertical                         fishermen against fishing and
                                                the North Atlantic Right Whale by                       stratification of dredged material occurs,            shellfishing in the area is already
                                                NMFS. At the same time, NMFS has                        resulting in low suspended sediment                   included on all nautical charts, and the
                                                determined that dredged material                        concentrations. Previous modeling of                  area is closed for the harvesting of ocean
                                                disposal at the MBDS would not impact                   initial disposal indicates no adverse                 quahogs and surf clams. Therefore,
                                                any of these species and restrictions are               impacts in the water column or                        disposal operations in the area are not
                                                in place to ensure their safety, including              violations of water quality criteria.                 expected to interfere with any existing
                                                vessel speed limitations and the                        Previous studies have demonstrated the                fishing activity. To the extent that
                                                requirement that marine mammal                          relative immobility of dredged material               fishermen ignore the warnings regarding
                                                observers accompany the USACE on                        at the MBDS. Storms with the potential                the IWS, the proposed action will not
                                                vessels during disposal operations.                     to cause sediment resuspension at the                 create any greater interference because,
                                                Furthermore, any risk of contaminants                   MBDS are rare in Massachusetts Bay.                   as stated above, both fishing and
                                                entering the food web is expected to be                    (7) Existence and effects of current               dredged material disposal activities
                                                minimized by the covering of the IWS                    and previous discharges and dumping                   have long been carried out in the area
                                                barrel field.                                           in the area (including cumulative                     of the MBDS without interference.
                                                   (3) Location in relation to beaches                  effects).                                             Moreover, once the IWS barrel field is
                                                and other amenity areas.                                   Beginning in the early 1900s, the                  covered, the area should be safer for any
                                                   The closest beach to the temporarily                 historic IWS was used for the disposal                fishermen who drag their nets through
                                                expanded MBDS is 10 nmi away. The                       of industrial, chemical, medical, low-                that area.
                                                SBNMS is just east of the MBDS. Past                    level radioactive, and other hazardous                   (9) The existing water quality and
                                                dredged material disposal has not                       wastes, in addition to contaminated                   ecology of the site as determined by
jstallworth on DSKBBY8HB2PROD with RULES




                                                impacted the SBNMS and no impact to                     dredged material, construction debris,                available data or by trend assessment or
                                                the SBNMS is expected with the                          derelict vessels, etc. An Interim MBDS                baseline surveys.
                                                temporary expansion of the MBDS.                        was designated in 1977 for the disposal                  Monitoring at the disposal area has
                                                   (4) Types and quantities of wastes                   of dredged material and it was closed in              taken place since the late 1970s under
                                                proposed to be disposed of, and                         1993, when the existing MBDS was                      the DAMOS program. Surveys at the
                                                proposed methods of release, including                  designated following all the                          MBDS have detected no significant
                                                methods of packing the waste, if any.                   requirements of the MPRSA and                         differences in water quality or biological


                                           VerDate Sep<11>2014   14:11 May 25, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\29MYR1.SGM   29MYR1


                                                24412              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Rules and Regulations

                                                characteristics in the disposal site and                matter of policy, EPA undertakes a                    letter of concurrence to EPA on
                                                adjacent reference areas. A Baseline                    NEPA review for certain of its regulatory             November 30, 2017.
                                                Seafloor Assessment Survey for the                      actions, including the designation of
                                                Proposed Expansion of the                               dredged material disposal sites under                 d. Endangered Species Act (ESA)
                                                Massachusetts Bay Disposal Site was                     Section 102 of the MPRSA. The EPA’s                     The Endangered Species Act, as
                                                completed by the USACE in                               ‘‘Notice of Policy and Procedures for                 amended (ESA), 16 U.S.C. 1531 to 1544,
                                                anticipation of this project and is                     Voluntary Preparation of NEPA                         requires federal agencies to consult with
                                                available on the USACE DAMOS                            Documents’’ (Voluntary NEPA Policy),
                                                                                                                                                              NMFS and the U.S. Fish and Wildlife
                                                webpage at http://                                      63 FR 58045 (October 29, 1998), sets out
                                                                                                                                                              Service (FWS) to ensure that any action
                                                www.nae.usace.army.mil/Missions/                        both the policy and procedures the EPA
                                                                                                                                                              authorized, funded, or carried out by the
                                                Disposal-Area-Monitoring-System-                        uses when preparing such
                                                DAMOS/.                                                 environmental review documents.                       federal agency is not likely to jeopardize
                                                  (10) Potentiality for the development                                                                       the continued existence of any
                                                                                                           The EPA’s primary voluntary NEPA
                                                or recruitment of nuisance species in                                                                         endangered species or threatened
                                                                                                        document addressing the temporary
                                                the disposal site.                                      expansion of the MBDS is the Final                    species or result in the destruction or
                                                  There are no known components of                      Environmental Assessment on the                       adverse modification of any critical
                                                dredged material or consequences of its                 Proposed Expansion of the                             habitat. The EPA incorporated an
                                                disposal that would attract or result in                Massachusetts Bay Ocean Dredged                       assessment of the potential effects of
                                                the recruitment or development of                       Material Disposal Site and Finding of                 temporarily modifying the MBDS on
                                                nuisance species at the expanded                        No Significant Impact (Final EA),                     aquatic and wildlife species, including
                                                MBDS. Nuisance species have not been                    prepared by EPA in cooperation with                   any species listed under the ESA, into
                                                detected in any survey of the area.                     USACE. Anyone desiring a copy of the                  the Draft EA, and EPA has submitted
                                                  (11) Existence at or in close proximity               Final EA may obtain one using the                     that assessment to NMFS and FWS. EPA
                                                to the site of any significant natural or               methods provided above in the Docket                  concluded that this action is not likely
                                                cultural features of historical                         section. The Draft Environmental                      to adversely affect any threatened or
                                                importance.                                             Assessment on the Expansion of the                    endangered species, nor would it
                                                  There are two known shipwrecks                        Massachusetts Bay Ocean Dredged                       adversely modify any designated critical
                                                within the boundaries of the existing                   Material Disposal Site (ODMDS) (Draft                 habitat. EPA submitted a letter to NMFS
                                                MBDS: a Coast Guard vessel and a 55-                    EA) was released for public review                    on October 30, 2017, that stated that the
                                                foot fishing boat. Both were                            concurrently with the Proposed Rule.                  re-initiation of consultation was not
                                                intentionally sunk in 1981 and are not                  The Final EA, which is part of the                    necessary for this action. NMFS
                                                considered to be historically significant.              Docket for this action, provides the                  submitted a letter of concurrence to EPA
                                                Additional shipwrecks have been                         environmental review for the temporary
                                                revealed in the general area during                                                                           on November 21, 2017. EPA sent a letter
                                                                                                        modification of the MBDS. Information                 to FWS on September 22, 2017, and
                                                subsequent surveys, although there are                  from the Final EA is used in the above
                                                no identified shipwrecks within the                                                                           confirmed that no consultation was
                                                                                                        discussion of the ocean dumping                       necessary.
                                                Potential Restoration Area. Disposal                    criteria.
                                                operations have avoided and will                                                                              e. National Historic Preservation Act
                                                continue to avoid any shipwrecks in the                 b. Magnuson-Stevens Fishery
                                                                                                                                                              (NHPA)
                                                project area by implementing a fifty-                   Conservation & Management Act (MSA)
                                                meter buffer around known shipwrecks                       EPA integrated the EFH assessment                     The National Historic Preservation
                                                within which no disposal will occur.                    into the Draft EA, pursuant to Section                Act, as amended (NHPA), 16 U.S.C. 470
                                                III. Environmental Statutory Review                     305(b), 16 U.S.C. 1855(b)(2), of the                  to 470a–2, requires federal agencies to
                                                                                                        Magnuson-Stevens Act, as amended                      take into account the effect of their
                                                a. National Environmental Policy Act                    (MSA), 16 U.S.C. 1801–1891d, and                      actions on districts, sites, buildings,
                                                (NEPA)                                                  submitted that assessment to NMFS on                  structures, or objects, included in, or
                                                   Section 102 of the National                          September 28, 2017. NMFS responded                    eligible for inclusion in, the National
                                                Environmental Policy Act of 1969, as                    via letter with a recommendation to                   Register of Historical Places. EPA
                                                amended (NEPA), 42 U.S.C. 4321 to                       avoid disposal on the glacial knoll that              submitted a letter to the Massachusetts
                                                4370f, requires federal agencies to                     is within the boundaries of the Potential             State Historic Preservation Office
                                                prepare an Environmental Impact                         Restoration Area. EPA and USACE have                  (SHPO) on September 28, 2017,
                                                Statement (EIS) for major federal actions               adopted this recommendation and will                  outlining the plan to avoid the historic
                                                significantly affecting the quality of the              avoid the disposal of any dredged                     shipwrecks in the area during disposal
                                                human environment. When a federal                       material on this feature. This                        operations. The Massachusetts SHPO
                                                agency evaluates an action that it plans                recommendation has also been                          provided a letter of concurrence with
                                                to take and finds that it will not                      incorporated into the Final EA.                       the avoidance plan to EPA on October
                                                significantly affect the environment, it                c. Coastal Zone Management Act                        19, 2017.
                                                may issue an Environmental                              (CZMA)
                                                Assessment and a Finding of No                                                                                IV. Statutory and Executive Order
                                                Significant Impact (i.e., an ‘‘EA/                        EPA determined that the modification                Reviews
                                                FONSI’’).                                               of the MBDS is consistent to the
jstallworth on DSKBBY8HB2PROD with RULES




                                                   NEPA does not apply to EPA                           maximum extent practicable with the                     This rulemaking proposes the
                                                designations of ocean disposal sites                    enforceable policies of the                           modification of an ODMDS pursuant to
                                                under the MPRSA because EPA’s                           Massachusetts coastal management                      Section 102 of the MPRSA. This action
                                                actions under the MPRSA are exempt                      program, and a letter was submitted to                complies with applicable Executive
                                                from the procedural requirements of                     the Massachusetts Office of Coastal                   Orders and statutory provisions as
                                                NEPA through the functional                             Zone Management (MCZM) on                             follows:
                                                equivalence doctrine. Nevertheless, as a                September 28, 2017. MCZM submitted a


                                           VerDate Sep<11>2014   14:11 May 25, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\29MYR1.SGM   29MYR1


                                                                   Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Rules and Regulations                                         24413

                                                a. Executive Order 12866: Regulatory                    Order 13132. Thus, Executive Order                    populations in the United States. The
                                                Planning and Review; Executive Order                    13132 does not apply to this action. In               EPA determined that this action will not
                                                13563: Improving Regulation and                         the spirit of Executive Order 13132, and              have disproportionately high and
                                                Regulatory Review                                       consistent with EPA policy to promote                 adverse human health or environmental
                                                   This action is not a ‘‘significant                   communications between the EPA and                    effects on minority or low-income
                                                regulatory action’’ under the terms of                  state and local governments, EPA has                  populations. This action is expected to
                                                Executive Order 12866 (58 FR 51735,                     coordinated with, and specifically                    be protective of human health because
                                                October 3, 1993) and is, therefore, not                 solicited comments from, state and local              it will enable the wastes already within
                                                subject to review under Executive                       officials with regard to this action.                 the Potential Restoration Area to be
                                                Orders 12866 and 13563 (76 FR 3821,                     f. Executive Order 13175: Consultation                isolated under a protective layer of
                                                January 21, 2011).                                      and Coordination With Indian Tribal                   sediment. This should help prevent any
                                                b. Paperwork Reduction Act                              Governments                                           accidental recovery of barrels by
                                                                                                           This action does not have tribal                   fishermen and prevent contaminants
                                                   This action does not impose an
                                                                                                        implications, as specified in Executive               from the historic disposal from entering
                                                information collection burden under the
                                                                                                        Order 13175. The modification of the                  the food web. The EPA has assessed the
                                                provisions of the Paperwork Reduction
                                                Act, 44 U.S.C. 3501 et seq. This                        MBDS will not have a direct effect on                 overall protectiveness of modifying the
                                                temporary site modification does not                    Indian tribes, on the relationship                    MBDS against the criteria established
                                                require persons to obtain, maintain,                    between the federal government and                    pursuant to the MPRSA to ensure that
                                                retain, report, or publicly disclose                    Indian tribes, or on the distribution of              any adverse impact to the environment
                                                information to or for a federal agency.                 power and responsibilities between the                will be mitigated to the greatest extent
                                                                                                        federal government and Indian tribes.                 practicable. No adverse impacts are
                                                c. Regulatory Flexibility Act                           Thus, Executive Order 13175 does not                  expected. The action is, instead,
                                                   The Regulatory Flexibility Act (RFA)                 apply to this action.                                 expected to improve environmental
                                                generally requires federal agencies to                                                                        conditions in Massachusetts Bay by
                                                prepare a regulatory flexibility analysis               g. Executive Order 13045: Protection of
                                                                                                        Children From Environmental Health &                  enabling contaminated material dumped
                                                of any rule subject to notice and                                                                             at the IWS in the past to be covered with
                                                comment rulemaking requirements                         Safety Risks
                                                                                                                                                              suitable dredged material in order to
                                                under the Administrative Procedure Act                     This action is not subject to Executive            isolate the former from the environment.
                                                or any other statute unless the agency                  Order 13045 because it is not
                                                certifies that the rule will not have a                 economically significant as defined in                k. Executive Order 13158: Marine
                                                significant economic impact on a                        Executive Order 12866 and because the                 Protected Areas
                                                substantial number of small entities                    EPA does not believe the environmental
                                                (businesses, organizations, or                          health or safety risks addressed by this                 Executive Order 13158 (65 FR 34909,
                                                jurisdictions). EPA has determined that                 action present a disproportionate risk to             May 31, 2000) requires EPA to
                                                this action will not have a significant                 children.                                             ‘‘expeditiously propose new science-
                                                economic impact on small entities.                                                                            based regulations, as necessary, to
                                                                                                        h. Executive Order 13211: Actions That                ensure appropriate levels of protection
                                                d. Unfunded Mandates Reform Act                         Significantly Affect Energy Supply,
                                                                                                                                                              for the marine environment.’’ EPA may
                                                   This action contains no federal                      Distribution, or Use
                                                                                                                                                              take action to enhance or expand
                                                mandates under the provisions of Title                    This action is not subject to Executive             protection of existing marine protected
                                                II of the Unfunded Mandates Reform                      Order 13211 (66 FR 28355) because it is               areas and to establish or recommend, as
                                                Act (UMRA) of 1995, 2 U.S.C. 1531 to                    not a ‘‘significant regulatory action’’ as            appropriate, new marine protected
                                                1538, for state, local, or tribal                       defined under Executive Order 12866.                  areas. The purpose of the Executive
                                                governments or the private sector. This
                                                                                                        i. National Technology Transfer and                   Order is to protect the significant
                                                action imposes no new enforceable duty
                                                                                                        Advancement Act                                       natural and cultural resources with the
                                                on any state, local or tribal governments
                                                or the private sector. Therefore, this                     This rulemaking does not involve                   marine environment, which includes,
                                                action is not subject to the requirements               technical standards and, therefore, the               ‘‘those areas of coastal and ocean
                                                of sections 202 or 205 of the UMRA.                     National Technology Transfer and                      waters, the Great Lakes and their
                                                This action is also not subject to the                  Advancement Act does not apply.                       connecting waters, and submerged lands
                                                requirements of section 203 of the                                                                            thereunder, over which the United
                                                                                                        j. Executive Order 12898: Federal                     States exercises jurisdiction, consistent
                                                UMRA because it contains no regulatory
                                                                                                        Actions To Address Environmental                      with international law.’’
                                                requirements that might significantly or
                                                                                                        Justice in Minority Populations and
                                                uniquely affect small government                                                                                 EPA anticipates that this action will
                                                                                                        Low-Income Populations
                                                entities. Those entities are already                                                                          afford additional protection to the
                                                subject to existing permitting                             Executive Order 12898 (59 FR 7629)                 waters of Massachusetts Bay and
                                                requirements for the disposal of dredged                establishes federal executive policy on               organisms that inhabit them. By
                                                material in ocean waters.                               environmental justice. Its main
                                                                                                                                                              covering the barrel field and
                                                                                                        provision directs federal agencies, to the
                                                e. Executive Order 13132: Federalism                                                                          surrounding seafloor sediment of the
                                                                                                        greatest extent practicable and
                                                   This action does not have federalism                 permitted by law, to make                             historic IWS, potential contaminants
jstallworth on DSKBBY8HB2PROD with RULES




                                                implications. It does not have                          environmental justice part of their                   should be prevented from entering the
                                                substantial direct effects on the states,               mission by identifying and addressing,                water column or food web in
                                                on the relationship between the national                as appropriate, disproportionately high               Massachusetts Bay. This should
                                                government and the states, or on the                    and adverse human health or                           provide, if anything, greater protection
                                                distribution of power and                               environmental effects of their programs,              for the natural resources of the SBNMS,
                                                responsibilities among various levels of                policies, and activities on minority                  which is in the vicinity of the
                                                government, as specified in Executive                   populations and low-income                            temporarily expanded MBDS.


                                           VerDate Sep<11>2014   14:11 May 25, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\29MYR1.SGM   29MYR1


                                                24414              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Rules and Regulations

                                                l. Executive Order 13547: Stewardship                   FR 51735, October 3, 1993) and is,                    PART 228—CRITERIA FOR THE
                                                of the Ocean, Our Coasts, and the Great                 therefore, not subject to review under                MANAGEMENT OF DISPOSAL SITES
                                                Lakes                                                   Executive Order 13771. See OMB,                       FOR OCEAN DUMPING
                                                                                                        ‘‘Guidance Implementing Executive
                                                   Section 6(a)(i) of Executive Order
                                                                                                        Order 13771, Titled ‘‘Reducing                        ■ 1. The authority citation for part 228
                                                13547, (75 FR 43023, July 19, 2010)
                                                                                                        Regulation and Controlling Regulatory                 continues to read as follows:
                                                requires, among other things, EPA and
                                                                                                        Costs’’ (M–17–21) (April 5, 2017), p. 3                   Authority: 33 U.S.C. 1412 and 1418.
                                                certain other agencies ‘‘ . . . to the
                                                                                                        (‘‘An ‘E.O. 13771 Regulatory Action’ is:
                                                fullest extent consistent with applicable                                                                     ■ 2. Amend § 228.15 by revising
                                                                                                        (i) A significant regulatory action as
                                                law [to] . . . take such action as                                                                            paragraphs (b)(2)(i), (ii), (iii), and (vi) to
                                                                                                        defined in section 3(f) of E.O. 12866 that
                                                necessary to implement the policy set                                                                         read as follows:
                                                                                                        has been finalized and that imposes
                                                forth in section 2 of this order and the
                                                                                                        total costs greater than zero. . . .’’).
                                                stewardship principles and national                                                                           § 228.15 Dumping sites designated on a
                                                priority objectives as set forth in the                 n. Congressional Review Act                           final basis.
                                                Final Recommendations and subsequent                       The Congressional Review Act, 5                    *      *     *     *    *
                                                guidance from the Council.’’ The                        U.S.C. 801 et seq., as added by the Small               (b) * * *
                                                policies in section 2 of Executive Order                Business Regulatory Enforcement                         (2) * * *
                                                13547 include, among other things, the                  Fairness Act of 1996, generally provides                (i) Location: Two overlapping circles:
                                                following: ‘‘ . . . it is the policy of the             that before a rule may take effect, the               Center of existing MBDS: 42°25.1′ N,
                                                United States to: (i) Protect, maintain,                agency promulgating the rule must                     70°35.0′ W, 1 nautical mile radius;
                                                and restore the health and biological                   submit a rule report, which includes a                Center of temporary expansion:
                                                diversity of ocean, coastal, and Great                  copy of the rule, to each House of the                42°26.417′ N, 70°35.373′ W, 0.75
                                                Lakes ecosystems and resources; [and]                   Congress and to the Comptroller General               nautical mile radius (NAD 1983).
                                                (ii) improve the resiliency of ocean,                   of the United States. EPA will submit a                 (ii) Size: 4.60 sq. nautical miles.
                                                coastal, and Great Lakes ecosystems,                    report containing this rule and other                   (iii) Depth: Range from 70 to 91
                                                communities, and economies. . . .’’ As                  required information to the U.S. Senate,              meters.
                                                with Executive Order 13158 (Marine                      the U.S. House of Representatives, and
                                                Protected Areas), the overall purpose of                                                                      *      *     *     *    *
                                                                                                        the Comptroller General of the United
                                                the Executive Order is to promote                                                                               (vi) Restriction: Disposal shall be
                                                                                                        States prior to publication of the rule in
                                                protection of ocean and coastal                                                                               limited to dredged material which meets
                                                                                                        the Federal Register. A ‘‘major rule’’
                                                environmental resources.                                                                                      the requirements of the MPRSA and its
                                                                                                        cannot take effect until 60 days after it
                                                   EPA anticipates that this action will                                                                      accompanying regulations. Disposal-
                                                                                                        is published in the Federal Register.
                                                afford additional protection to the                                                                           and-capping is prohibited at the MBDS
                                                                                                        This action is not a major rule as
                                                waters of Massachusetts Bay and                                                                               until its efficacy can be effectively
                                                                                                        defined by 5 U.S.C. 804(2). This rule
                                                organisms that inhabit them. By                                                                               demonstrated. The temporary expansion
                                                                                                        will be effective 30 days after date of
                                                covering the barrel field and                                                                                 of the MBDS shall be used solely for the
                                                                                                        publication.
                                                surrounding seafloor sediment of the                                                                          disposal of suitable dredged material
                                                historic IWS, potential contaminants                    List of Subjects in 40 CFR Part 228                   generated during the Boston Harbor
                                                should be prevented from entering the                     Environmental protection, Water                     Deep Draft Navigation Project using the
                                                water column or food web in                             pollution control.                                    berm-building method devised and
                                                Massachusetts Bay.                                                                                            tested by the U.S. Army Corps of
                                                                                                          Dated: May 15, 2018.                                Engineers. The temporary expansion
                                                m. Executive Order 13771 Reducing                       Alexandra Dapolito Dunn                               will automatically close upon
                                                Regulation and Controlling Regulatory                   Regional Administrator, EPA Region 1.                 completion of the Boston Harbor Deep
                                                Costs                                                                                                         Draft Navigation Project.
                                                                                                          For the reasons stated in the
                                                   This action would not be a                           preamble, title 40, Chapter I, of the Code            *      *     *     *    *
                                                ‘‘significant regulatory action’’ under                 of Federal Regulations is to be amended               [FR Doc. 2018–11322 Filed 5–25–18; 8:45 am]
                                                the terms of Executive Order 12866 (58                  as set forth below.                                   BILLING CODE 6560–50–P
jstallworth on DSKBBY8HB2PROD with RULES




                                           VerDate Sep<11>2014   14:11 May 25, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4700   Sfmt 9990   E:\FR\FM\29MYR1.SGM   29MYR1



Document Created: 2018-05-26 00:48:20
Document Modified: 2018-05-26 00:48:20
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.
DatesThe effective date of this rule is June 28, 2018.
ContactAlicia Grimaldi, U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Mail Code: OEP 6-1, Boston, MA 02109; telephone--(617) 918-1806; fax--(617)
FR Citation83 FR 24408 
CFR AssociatedEnvironmental Protection and Water Pollution Control

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR