[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2941-2946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1709]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[FRL-5346-2]
Ocean Dumping; Final Site Designation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA designates an Ocean Dredged Material Disposal Site (ODMDS)
in the Atlantic Ocean offshore Miami, Florida, as an EPA-approved ocean
dumping site for the disposal of suitable dredged material. This action
is necessary to provide an acceptable ocean disposal site for
consideration as an option for dredged material disposal projects in
the greater Miami, Florida vicinity. This site designation is for an
indefinite period of time, but the site is subject to continuing
monitoring to insure that unacceptable adverse environmental impacts do
not occur.
EFFECTIVE DATE: February 29, 1996.
ADDRESSES: The supporting document for this designation is the Final
Environmental Impact Statement (EIS) for Designation of an Ocean
Dredged Material Disposal Site offshore Miami, Florida, August 1995,
which is available for public inspection at the following locations:
A. EPA/Region 4, Coastal Programs Section, 345 Courtland Street, NE.,
Atlanta, Georgia 30365
B. Department of the Army, Jacksonville District Corps of Engineers,
Planning Division, 400 West Bay Street, Jacksonville, FL 32232-0019.
FOR FURTHER INFORMATION CONTACT: Christopher J. McArthur, 404/347-1740
ext. 4289.
SUPPLEMENTARY INFORMATION:
A. Background
Section 102(c) of the Marine Protection, Research, and Sanctuaries
Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the
Administrator of EPA the authority to designate sites where ocean
disposal may be permitted. On October 1, 1986, the Administrator
delegated the authority to designate ocean disposal sites to the
Regional Administrator of the Region in which the sites are located.
This designation of a site offshore Miami, Florida, which is within
Region 4, is being made pursuant to that authority.
The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR
ch. I, subchapter H, Sec. 228.4) state that ocean dumping sites will be
designated by promulgation in this part 228. A list of ``Approved
Interim and Final Ocean Dumping Sites'' was published on January 11,
1977 (42 FR 2461 (January 11, 1977)). The list established the existing
Miami (``Miami Beach'') site as an interim site. The site is now listed
in 40 CFR 228.14(h)(6).
B. EIS Development
Section 102(2)(C) of the National Environmental Policy Act (NEPA)
of 1969, as amended, 42 U.S.C. 4321 et seq., requires that federal
agencies prepare an Environmental Impact Statement (EIS) on proposals
for legislation and other major federal actions significantly affecting
the quality of the human environment. The object of NEPA is to build
into the Agency decision making process careful consideration of all
environmental aspects of proposed actions. While NEPA does not apply to
EPA activities of this type, EPA has voluntarily committed to prepare
EISs in connection with ocean disposal site designations such as this
(see 39 FR 16186 (May 7, 1974).
EPA Region 4, in cooperation with the Jacksonville District of the
U.S. Army Corps of Engineers (COE), has prepared a Final EIS entitled,
``Final Environmental Impact Statement for Designation of An Ocean
Dredged Material Disposal Site Located Offshore Miami, Florida.'' On
September 1, 1995, the Notice of Availability (NOA) of the FEIS for
public review and comment was published in the Federal Register (60 FR
45717 (September 1, 1995)). Anyone desiring a copy of the EIS may
obtain one from the address given above. The public comment period on
the Final EIS was to have closed on October 2, 1995. However, the
closing date was extended until October 17, 1995 due to a request by
the State of Florida.
One comment letter was received in support of the Final EIS and no
letters were received critical of the Final EIS. The letter of support
endorsed the Site Management and Monitoring Plan (SMMP) and the SMMP
team.
The EIS has served as a Biological Assessment for purposes of
Section 7 of the Endangered Species Act coordination. By itself, site
designation of the Miami ODMDS will not adversely impact any threatened
or endangered species under the purview of the National Marine
Fisheries Service
[[Page 2942]]
(NMFS) and the U.S. Fish and Wildlife Service (FWS). Use of the ODMDS
is not expected to adversely impact any threatened or endangered
species. Pursuant to Section 7 of the Endangered Species Act, the
National Marine Fisheries Service (NMFS) has been asked by EPA to
concur with EPA's conclusion that this site designation will not affect
the endangered species under their jurisdictions. The National Marine
Fisheries Service determined that populations of endangered/threatened
species under their purview would not be adversely affected by the
designation and use of the proposed ODMDS. This consultation process
has been fully documented in the Final EIS.
EPA has evaluated the site designation for consistency with the
State of Florida's (the State) approved coastal management program. EPA
determined that the designation of the site is consistent to the
maximum extent practicable with the State coastal management program,
and submitted this determination to the State for review in accordance
with EPA policy. The State has concurred with this determination. In
addition, as part of the NEPA process, EPA has consulted with the State
regarding the effects of the dumping at the proposed site on the State
coastal zone. There were three main concerns raised by the State during
consultation: (1) placement of beach quality sand in the ODMDS; (2)
potential for movement of silt and clay sized particles out of the
disposal area and onto environmentally sensitive hardbottoms and coral
reefs to the west during the occurrence of Gulf Stream frontal eddies;
and (3) disposal of contaminated sediments from locations such as the
Miami River. Concerns raised by the State of Florida, regarding use of
suitable material for beach nourishment, were addressed in the Final
EIS. EPA concurs with the State of Florida regarding the use of
suitable material for beach nourishment, in circumstances where this
use is practical. To address the concern regarding movement of
material, a real-time monitoring system has been instituted by the Army
Corps of Engineers to identify the occurrence of Gulf Stream frontal
eddies. During the occurrence of such eddies, disposal at the ODMDS
will discontinue. Details of the monitoring plan and protocol has been
included in the Site Management and Monitoring Plan as part of the
Final EIS. With regard to contaminated materials, before any material
can be placed within an ODMDS, it must be evaluated and shown to be
acceptable for ocean disposal in accordance with ocean dumping
regulations (40 CFR 227.13). Certain portions of the sediments proposed
to be dredged from the Miami River have been found to be unacceptable
for ocean disposal.
In a letter dated September 13, 1990, the Florida Department of
State agreed that the designation will have no effect on any
archaeological or historic sites or properties listed, or eligible for
listing, in the National Register of Historic Places in accordance with
the National Preservation Act of 1966 (Pub. L. 89-6654), as amended.
The action discussed in the EIS is the permanent designation for
continuing use of the existing interim ocean disposal site near Miami,
Florida. The purpose of the action is to provide an environmentally
acceptable option for the ocean disposal of dredged material. The need
for the permanent designation of the Miami ODMDS is based on a
demonstrated COE need for ocean disposal of maintenance dredged
material from the Federal navigation projects in the greater Miami
area. However, every disposal activity by the COE is evaluated on a
case-by-case basis to determine the need for ocean disposal for that
particular case. The need for ocean disposal for other projects, and
the suitability of the material for ocean disposal, will be determined
on a case-by-case basis as part of the COE's process of issuing permits
for ocean disposal for private/federal actions and a public review
process for their own actions.
For the Miami ODMDS, the COE and EPA would evaluate all federal
dredged material disposal projects pursuant to the EPA criteria given
in the Ocean Dumping Regulations (40 CFR parts 220-229) and the COE
regulations (33 CFR 209.120 and 335-338). The COE also issues Marine
Protection, Research, and Sanctuaries Act (MPRSA) permits to private
applicants for the transport of dredged material intended for disposal
after compliance with regulations is determined. EPA has the right to
disapprove any ocean disposal project if, in its judgment, all
provisions of MPRSA and the associated implementing regulations have
not been met.
The EIS discusses the need for this site designation and examines
ocean disposal site alternatives to the final action. Non-ocean
disposal options have been examined in the previously published
Feasibility Report and EIS for the Miami Harbor Channel Project.
Alternatives to ocean disposal may include upland disposal within the
port area, disposal in Biscayne Bay, and beach disposal. Upland
disposal in the intensively developed Port of Miami-Biscayne Bay area
has not been found feasible. The Port of Miami itself is built
partially on fill in Biscayne Bay. Undeveloped areas within cost-
effective haul distances are environmentally valuable in their own
right.
Almost all inshore waters of the Biscayne Bay area are part of the
Biscayne Bay Aquatic Preserve. The waters of the southern portion of
Biscayne Bay, now included in the Aquatic Preserve, are to be
incorporated, along with some offshore waters, into the Biscayne
National Park in the near future. The Florida Department of
Environmental Regulation (DER) has afforded the waters of these areas
special protection as Outstanding Florida Waters. This effectively
removes virtually all of the Biscayne Bay area from consideration for
disposal of dredged material.
Dredged sand might be placed on beaches in the Miami Beach area.
Suitable rock might be placed in nearshore waters. These options may be
feasible where a substantial quantity of the desired type of material
is separable from silt or other undesirable material. Such usage will
be considered on a case by case basis.
The COE has been authorized to deepen Miami Harbor. For that
project, environmental and economic analyses were performed and an EIS
was prepared. The COE examined and documented the feasibility of each
of the above-described disposal options and found none to be feasible.
The following ocean disposal alternatives were evaluated in the
EIS:
1. Alternative Sites on the Continental Shelf
In the Miami nearshore area, hardgrounds supporting coral and algal
communities are concentrated on the continental shelf. Disposal
operations on the shelf could adversely impact this reef habitat.
Because the shelf is narrow, about 3.3 nmi (6 km) off Government Cut,
the transport of dredged materials for disposal beyond the shelf is
both practical and economically feasible. Therefore, alternative sites
on the continental shelf are not desirable.
2. Designated Interim Site (Candidate Site)
The preferred alternative considered in this document is the final
designation of an ODMDS. This site is an area of approximately one
square nautical mile with the following corner coordinates:
25 deg.45'30'' N, 80 deg.03'54'' W; 25 deg.45'30'' N, 80 deg.02'50'' W;
25 deg.44'30'' N, 80 deg.02'50'' W; 25 deg.44'30'' N, 80 deg.03'54'' W.
The site is centered at: 25 deg.45'00'' N and 80 deg.03'22'' W. This
site is considered suitable in
[[Page 2943]]
terms of practicality and economic feasibility. Sections 228.5 and
228.6 of EPA's Ocean Dumping Regulations and Criteria 40 CFR establish
criteria for the evaluation of ocean disposal sites.
3. Alternative Sites Beyond the Continental Shelf
The candidate site is beyond the continental shelf. The western
edge of the Gulf Stream meanders about one mile east of the candidate
site. Dumping in the Gulf Stream was considered, but the enormous task
and expense of monitoring disposal under such conditions caused
sufficient concern to eliminate that option. Therefore, additional
sites beyond the continental shelf and beyond the candidate site are
not desirable.
4. No Action
Under the ``no action'' alternative, the interim site would not
receive final designation. The Water Resources Act of 1992, title V,
section 506(a) prohibits the continued use of ocean dump sites which
have not been designated by EPA as section 102 dump sites after January
1, 1997. If EPA fails to designate the Miami ODMDS by that date, the
continued foreseeable need to have an appropriate site for disposal of
suitable sediments from dredging projects in the Miami area would place
pressure on the Corps and EPA to approve on a project-by-project basis
the use of temporary ocean dumping locations pursuant to either Clean
Water Act section 404 or MPRSA section 103.
The EIS presents the information needed to evaluate the suitability
of ocean disposal areas for final designation use and is based on one
of a series of disposal site environmental studies. The environmental
studies and final designation are being conducted in accordance with
the requirements of MPRSA, the Ocean Dumping Regulations, and other
applicable Federal environmental legislation.
This final rulemaking notice fills the same role as the Record of
Decision required under regulations promulgated by the Council on
Environmental Quality for agencies subject to NEPA.
C. Site Designation
On October 27, 1994, EPA proposed designation of this site for the
continueing disposal of dredged materials from the greater Miami,
Florida vicinity. The public comment period on this proposed action
closed on December 12, 1994. EPA received 1 letter regarding the
proposed rule. The letters comments are listed and addressed below.
1. Dredged Material Evaluation
The commentor was concerned as to whether EPA will evaluate the
contents of the dredged material for toxins and make them public.
Response. The suitability of dredged material for ocean disposal
must be verified by the COE and agreed to by EPA prior to disposal.
Verification will be valid for 3 years from the time last verified with
the option of a 2-year extension. Verification will involve: (1) A
case-specific evaluation against the exclusion criteria (40 CFR
227.13(b)), (2) A determination of the necessity for bioassay (toxicity
and bioaccumulation) testing for non-excluded material based on the
potential for contamination of the sediment since last tested, and (3)
Carrying out the testing and determining that the non-excluded, tested
material is suitable for ocean disposal.
Documentation of verification will be completed prior to use of the
site. Documentation for material suitability for dredging events
proposed for ocean disposal more than 5 years since last verified will
be a new 103 evaluation and public notice. Documentation for material
suitability for dredging events proposed for ocean disposal less than 5
years but more than 3 years since last verified will be an exchange of
letters between the COE and EPA.
Should EPA conclude that reasonable potential exists for
contamination to have occurred, acceptable testing will be completed
prior to use of the site. Testing procedures to be used will be those
delineated in the 1991 EPA/COE Dredged Material Testing Manual and 1992
Regional Implementation Manual. Only material determined to be suitable
through the verification process by the COE and EPA will be placed at
the designated ocean disposal site.
Verification documentation will be provided to the public in one of
two ways. For federal dredged material disposal projects, verification
documentation will be provided to the public by the COE through the
NEPA process, either in the form of an EIS or an Environmental
Assessment. The COE also issues MPRSA permits to private applicants for
the transport of dredged material intended for disposal. In this case
verification documentation will be made available to the public by the
COE through the Public Notice process.
2. Sources of Dredged Material
The commentor was concerned as to what regions the greater Miami,
Florida vicinity include and whether or not other sources besides the
Miami Harbor Channel Project may use the site.
Response. The primary need for designation of the Miami ODMDS was
for disposal of dredged material from the Miami Harbor Channel and the
Federal Miami Harbor Deepening Project.
However, other projects such as the maintenance dredging of that
portion of the Atlantic Intracoastal Waterway (AIWW) in the vicinity of
Miami Harbor and locally constructed channels within an economic haul
distance of the Miami ODMDS can use the site provided the material is
suitable for ocean disposal. Restrictions of use of the site to
specific projects has not been deemed necessary at this time. If in the
future, it is determined that use of the site should be restricted to a
specific project, appropriate changes will be made to the Site
Management and Monitoring Plan.
3. Period of Use
The commentor was concerned as to why a closing date of the site
had not been determined.
Response. The period of use of the Miami ODMDS has been designated
as continueing. Because the site is located in deep water, no
restrictions are presently placed on disposal volumes. Future disposal
of unrestricted volumes is dependent upon results from future
monitoring surveys. If future surveys indicate that capacity of the
site is being reached or unacceptable adverse environmental impacts are
occurring, then either the ODMDS Management and Monitoring Plan will be
modified or use of the site will be modified or discontinued.
4. Long-term Movement of Dredged Material
The commentor was concerned about movement of disposed dredged
material moving to more environmentally sensitive areas in the event of
an extreme storm event.
Response. Long-term modeling efforts were conducted to determine
whether a disposal mound is stable over long periods of time. A 24-hour
sustained storm surge simulation showed that essentially no material
would be transported as a result of the surge. A second study
investigated the potential for moving material other than uniformly
graded, non-cohesive sediments by calculating shear stress values on
the mound and in the surrounding area. Under normal environmental
conditions, shear stress values at the ODMDS are low, and little
movement is anticipated for either cohesive or non-cohesive material.
During storm events, the shear stress values increase by an order of
magnitude. However, the shear stress on the dredged material disposal
mound increases by less than 2 dynes/cm2
[[Page 2944]]
above the shear stress of the surrounding area. When subjected to
storms, material is anticipated to move from the mound for short
periods of time but large dispersion of the mound is not predicted. For
the proposed Miami ODMDS, simulations show that local velocity fields
are simply not adequate to move material in 600 feet or more of water.
Both the short-term disposal and long-term erosion simulations of
sediment transport as a function of local velocity fields indicate
little possibility of affecting reefs as a direct result of use of the
disposal site.
In addition, should the results of the monitoring surveys indicate
that continuing use of the site would lead to unacceptable impacts,
then either the ODMDS Management and Monitoring Plan will be modified
to alleviate the impacts, or the location or use of the ODMDS would be
modified.
5. Availability of Monitoring Results
The commentor asked if the monitoring results of the site will be
made public.
Response. Monitoring results will be available to the public upon
request. As discussed in the Final EIS, monitoring data will be
provided to the ODMDS Site Management and Monitoring team members for
review. Data will be provided to other interested parties requesting
such data to the extent possible.
The site is located east of Miami, Florida, the western boundary
being 3.6 nautical miles (nmi) offshore. The ODMDS occupies an area of
about 1 square nautical mile (nmi2), in the configuration of an
approximate 1 nmi by 1 nmi square. Water depths within the area range
from 130 to 240 meters (427 to 785 feet). The coordinates of the Miami
site for designation are as follows:
25 deg.45'30'' N 80 deg.03'54'' W;
25 deg.45'30'' N 80 deg.02'50'' W;
25 deg.44'30'' N 80 deg.03'54'' W; and
25 deg.44'30'' N 80 deg.02'50'' W.
Center coordinates are 25 deg.45'00'' N and 80 deg.03'22'' W.
If at any time disposal operations at the site cause unacceptable
adverse impacts, further use of the site will be restricted or
terminated.
D. Regulatory Requirements
Pursuant to the Ocean Dumping Regulations, 40 CFR Sec. 228.5, five
general criteria are used in the selection and approval for continuing
use of ocean disposal sites. Sites are selected so as to minimize
interference with other marine activities, to prevent any temporary
perturbations associated with the disposal from causing impacts outside
the disposal site, and to permit effective monitoring to detect any
adverse impacts at an early stage. Where feasible, locations off the
Continental Shelf and other sites that have been historically used are
to be chosen. The site conforms to the five general criteria.
In addition to these general criteria in Secs. 228.5, 228.6 lists
the 11 specific criteria used in evaluating a proposed disposal site to
assure that the general criteria are met. Application of these 11
criteria constitutes an environmental assessment of the impact of
disposal at the site. The characteristics of the proposed site are
reviewed below in terms of these 11 criteria (the EIS may be consulted
for additional information).
1. Geographical Position, Depth of Water, Bottom Topography, and
Distance From Coast (40 CFR 228.6(a)(1))
The boundary and center coordinates of the site are given above.
The western boundary of the site is located about 3.6 nmi offshore of
Miami, Florida. The site is an approximate 1 nmi by 1 nmi square
configuration. Water depth in the area ranges from 427 to 785 feet.
2. Location in Relation to Breeding, Spawning, Nursery, Feeding, or
Passage Areas of Living Resources in Adult or Juvenile Phases (40 CFR
228.6(a)(2))
Many of the area's species spend their adult lives in the offshore
region, but are estuary-dependent because their juvenile stages use a
low salinity estuarine nursery region. Specific migration routes are
not known in the Miami area. The site is not known to include any major
breeding or spawning area, except for sea turtles which use the entire
beach area of eastern Florida as nesting habitat. Due to the motility
of finfish, it is unlikely that disposal activities will have any
significant impact on any of the species found in the area.
3. Location in Relation to Beaches and Other Amenity Areas (40 CFR
228.6(a)(3))
The western edge of the candidate site is located 3.6 nautical
miles from the coast. Shore-related amenities include Virginia Key, the
Biscayne Bay Aquatic Preserve, Biscayne National Park, and the Bill
Baggs Cape Florida State Recreational Area. Currents in the vicinity
trend alongshore in a general north-south orientation. It is not
expected that detectable quantities of dredged material will be
transported onto beaches. Considering the distance that the disposal
site is offshore of beach areas, dredged material disposal at the site
is not expected to have an effect on the recreational uses of these
beaches. Modelling performed by the COE indicates that disposed
material will not impact these areas.
4. Types and Quantities of Wastes Proposed To Be Disposed of, and
Proposed Methods of Release, Including Methods of Packing the Waste, if
any (40 CFR 228(a)(4))
It is anticipated that the candidate site will be used primarily
for disposal of maintenance material from the Port of Miami.
Maintenance dredging has only occurred four times since 1957. Another
use of the site would be the Miami Harbor Deepening Project. Estimated
volume for this project is expected to be 6 million cubic yards. For
each future dredging project, each disposal plan must be evaluated on a
case-by-case basis to ensure that ocean disposal is the best
alternative and that the material meets the Ocean Dumping Criteria in
40 CFR part 227.
5. Feasibility of Surveillance and Monitoring (40 CFR 228.6(a)(5))
Due to the proximity of the site to shore, surveillance will not be
difficult. Survey vessels, dredges or aircraft overflights are feasible
surveillance methods. However, the depths at this site make
conventional ODMDS monitoring techniques difficult to utilize. An
interagency Site Management and Monitoring Team was established to
assist EPA in the development and implementation of a Site Monitoring
Plan (SMMP) for the Miami ODMDS. The SMMP has been developed and was
included as an appendix in the Final EIS. This SMMP establishes a
sequence of monitoring surveys to be undertaken to determine any
impacts resulting from disposal activities. The SMMP may be modified
for cause by the responsible agencies.
6. Dispersal, Horizontal Transport and Vertical Mixing Characteristics
of the Area Including Prevailing Current Direction and Velocity, if any
(40 CFR 228.6(a)(6))
Prevailing currents parallel the coast and are generally oriented
along a north-south axis. Northerly flow predominates. Mean surface
currents range from 62 to 95 cm/sec with maximum velocities of about
150 cm/sec. Current speeds are lower and current reversals more common
in near-bottom waters. Mean velocities of 3.5 cm/sec and maximum
velocities of 27 cm/sec have been reported for near-bottom waters in
the area. A pycnocline occurs in site waters throughout the
[[Page 2945]]
year at reported depths ranging from about 60 feet in the summer to 325
feet in the winter. A dredged material dispersion study conducted by
the COE for both the short- and long-term fate of material disposed at
the site indicates little possibility of disposed material affecting
near-shore reefs. Measures as discussed in the Site Management and
Monitoring Plan will be instituted during disposal operations to
minimize the possibility of material being transported to the near-
shore reefs.
7. Existence and Effects of Current and Previous Discharges and Dumping
in the Area (Including Cumulative Effects) (40 CFR 228.6(a)(7))
The ODMDS was used for the first time in April 1990. Only 225,000
cubic yards of maintenance material was disposed in the ODMDS. In
conjunction with this use of the site, the Corps of Engineers in
cooperation with the National Oceanic and Atmospheric Administration
(NOAA) monitored the physical processes and the dispersive
characteristics of the dredged material plume. Monitoring results
indicated that the material discharged, except for a low concentration
residual remaining within the water column, reached the bottom within
the designated site boundaries. During the monitoring, the resulting
plumes were observed to be transported in a north to northeast
direction. The full monitoring report has been included as part of the
Final EIS. Effects monitoring is discussed in the Site Management and
Monitoring Plan as part of the Final EIS.
No other discharges or dumping occurs in the site. The Miami-Dade
Central publicly owned treatment plant outfall discharges approximately
1.2 nmiles west of the site. The effects from this discharge are local
and predominately in a north-south direction due to prevailing currents
and should not have any effect within the site.
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 (40 CFR 228.6(a)(8))
While shipping is heavy at the Port of Miami, the infrequent use of
this site should not significantly disrupt either commercial shipping
or recreational boating. Commercial and recreational fishing activities
are concentrated in inshore and nearshore waters. No mineral
extraction, desalination, or mariculture activities occur in the
immediate area. Scientific resources present throughout this area are
not geographically limited to the Miami ODMDS or nearby waters.
9. The Existing Water Quality and Ecology of the Site as Determined by
Available Data or by Trend Assessment or Baseline Surveys (40 CFR
228.6(a)(9))
Water quality at the ODMDS is variable and is influenced by
discharges from inshore systems, frequent oceanic intrusions, and
periodic upwelling. The disposal site lies on the continental slope in
an area traversed by the western edge of the Florida Current. The
location of the western edge of the current determines to a large
extent whether waters at the site are predominantly coastal or oceanic.
Frequent intrusions or eddies of the Florida Current transport oceanic
waters over the continental slope in the ODMDS vicinity. Periodic
upwelling/downwelling events associated with wind stress also influence
waters in the area.
No critical habitat or unique ecological communities have been
identified at the candidate site. Buffer zone protection has been
applied to any existing fish havens, artificial reef communities,
turtle nesting areas, and onshore amenities in the general region of
the site.
10. Potentiality for the Development or Recruitment of Nuisance Species
in the Disposal Site (40 CFR 228.6(a)(10))
The disposal of dredged materials should not attract or promote the
development of nuisance species. No nuisance species have been reported
to occur at previously utilized disposal sites in the vicinity.
11. Existence at or in Close Proximity to the Site of any Significant
Natural or Cultural Features of Historical Importance (40 CFR
228.6(a)(11))
No known natural or cultural features of historical importance
occur at or in close proximity to the site. No such features were noted
in a video survey of the disposal area.
E. Site Management
Site management of the Miami ODMDS is the responsibility of EPA as
well as the COE. The COE issues permits to private applicants for ocean
disposal; however, EPA/Region 4 assumes overall responsibility for site
management.
The Site Management and Monitoring Plan (SMMP) for the Miami ODMDS
was developed as a part of the process of completing the EIS. The plan
was developed with the assistance of an interagency Site Management and
Monitoring team. The Team will also provide assistance during the
implementation of the plan. This plan provides procedures for both site
management and for the monitoring of effects of disposal activities.
This SMMP is intended to be flexible and may be modified by the
responsible agencies for cause.
F. Final Action
The EIS concludes that the site may appropriately be designated for
use. The site is compatible with the 11 specific and 5 general criteria
used for site evaluation.
The designation of the Miami site as an EPA-approved ODMDS is being
published as Final Rulemaking. Overall management of this site is the
responsibility of the Regional Administrator of EPA/Region 4.
It should be emphasized that, if an ODMDS is designated, such a
site designation does not constitute EPA's approval of actual disposal
of material at sea. Before ocean disposal of dredged material at the
site may commence, the COE must evaluate a permit application according
to EPA's Ocean Dumping Criteria. EPA has the right to disapprove the
actual disposal if it determines that environmental concerns under
MPRSA have not been met.
The Miami ODMDS is not restricted to disposal use by federal
projects; private applicants may also dispose suitable dredged material
at the ODMDS once relevant regulations have been satisfied. This site
is restricted, however, to suitable dredged material from the greater
Miami, Florida vicinity.
G. Regulatory Assessments
Under the Regulatory Flexibility Act, EPA is required to perform a
Regulatory Flexibility Analysis for all rules that may have a
significant impact on a substantial number of small entities. EPA has
determined that this action will not have a significant impact on small
entities since the designation will only have the effect of providing a
disposal option for dredged material. Consequently, this Rule does not
necessitate preparation of a Regulatory Flexibility Analysis.
Under Executive Order 12291, EPA must judge whether a regulation is
``major'' and therefore subject to the requirement of a Regulatory
Impact Analysis. This action will not result in an annual effect on the
economy of $100 million or more or cause any of the other effects which
would result in its being classified by the Executive Order as a
``major'' rule. Consequently, this Rule does not necessitate
preparation of a Regulatory Impact Analysis.
[[Page 2946]]
This Final Rule does not contain any information collection
requirements subject to Office Management and Budget review under the
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.
List of Subjects in 40 CFR Part 228
Water Pollution Control.
Dated: November 2, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
In consideration of the foregoing, 40 CFR Chap. I, Subchapter H is
amended as set forth below.
PART 228--[AMENDED]
1. The authority citation for part 228 continues to read as
follows:
Authority: 33 U.S.C. Sections 1412 and 1418.
2. Section 228.14 is amended by removing paragraph (h)(6).
3. Section 228.15 is amended by adding paragraph (h)(19) to read as
follows:
Sec. 228.15 Dumping sites designated on a final basis
* * * * *
(h) * * *
(19) Miami, Florida; Ocean Dredged Material Disposal Site.
(i) Location:
25 deg.45'30'' N 80 deg.03'54'' W;
25 deg.45'30'' N 80 deg.02'50'' W;
25 deg.44'30'' N 80 deg.03'54'' W;
25 deg.44'30'' N 80 deg.02'50'' W.
Center coordinates are 25 deg.45'00'' N and 80 deg.03'22'' W.
(ii) Size: Approximately 1 square nautical mile.
(iii) Depth: Ranges from 130 to 240 meters.
(iv) Primary use: Dredged material.
(v) Period of use: Continuing use.
(vi) Restriction: Disposal shall be limited to suitable dredged
material from the greater Miami, Florida vicinity. Disposal shall
comply with conditions set forth in the most recent approved Site
Management and Monitoring Plan.
* * * * *
[FR Doc. 96-1709 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P
