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 Range		24408-24414
FR Document		2018-11322

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]

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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.

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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]
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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
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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);

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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

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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
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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

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Document Created: 2018-05-26 00:48:20
Document Modified: 2018-05-26 00:48:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		The effective date of this rule is June 28, 2018.
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)
FR Citation		83 FR 24408
CFR Associated		Environmental Protection and Water Pollution Control