94-26662. Ocean Dumping; Proposed Site Designation  

  • [Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-26662]
    
    
    [[Page Unknown]]
    
    [Federal Register: October 27, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 228
    
    [FRL-5098-1]
    
     
    
    Ocean Dumping; Proposed Site Designation
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: EPA today proposes to designate 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 proposed 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 proposed 
    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.
    
    DATES: Comments must be received on or before December 12, 1994.
    
    ADDRESSES: Send comments to: Wesley B. Crum, Chief, Coastal Programs 
    Section, Water Management Division, U.S. Environmental Protection 
    Agency, Region IV, 345 Courtland Street NE., Atlanta, Georgia 30365.
        The file supporting this proposed designation is available for 
    public inspection at the following locations:
    
    EPA Public Information Reference Unit (PIRU), Room 2904 (rear), 401 M 
    Street SW., Washington, D.C. 20460.
    EPA/Region IV, 345 Courtland Street NE., Atlanta, Georgia 30365.
    Department of the Army, Jacksonville District Corps of Engineers, 400 
    West Bay Street, P.O. Box 4970, Jacksonville, FL 32232-0019.
    
    FOR FURTHER INFORMATION CONTACT: Christopher J. McArthur, 404/347-3555 
    ext. 2056.
    
    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 proposed designation of a site offshore Miami, Florida, which is 
    within Region IV, is being made pursuant to that authority.
        The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR 
    Chapter I, Subchapter H, Section 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 228.12(a)(3). Interested persons may 
    participate in this proposed rulemaking by submitting written comments 
    within 45 days of the date of this publication to the address given 
    above.
    
    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, in cooperation with the Jacksonville District of the U.S. Army 
    Corps of Engineers (COE), has prepared a Draft EIS (DEIS) entitled 
    ``Draft Environmental Impact Statement for Designation of An Ocean 
    Dredged Material Disposal Site Located Offshore Miami, Florida.'' On 
    September 7, 1990, the Notice of Availability (NOA) of the DEIS for 
    public review and comment was published in the Federal Register (55 FR 
    36891 [September 7, 1990]). Anyone desiring a copy of the EIS may 
    obtain one from the addresses given above. The public comment period on 
    the draft EIS was to have closed on October 22, 1990. However, the 
    closing date was changed to December 7, 1990 due to a request by the 
    State of Florida.
        EPA received 12 comment letters on the Draft EIS. There were three 
    main concerns expressed in those letters: (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, will be addressed in the FEIS. EPA concurs with the State 
    of Florida regarding the use of suitable material for beach 
    nourishment, in circumstances where this use is practical. A real-time 
    monitoring system will be 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 will be included in the 
    Site Management and Monitoring Plan as part of the FEIS. 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.
        The EIS will serve 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 (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.
        EPA has evaluated the proposed site designation for consistency 
    with the State of Florida's (the State) approved coastal management 
    program. EPA has determined that the designation of the proposed site 
    is consistent to the maximum extent practicable with the State coastal 
    management program, and has submitted this determination to the State 
    for review in accordance with EPA policy.
        In a letter dated September 13, 1990, the Florida Department of 
    State agreed that the proposed 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 (Public Law 89-6654), as amended.
        The proposed action discussed in the DEIS is the permanent 
    designation for continuing use of the existing interim ocean disposal 
    site near Miami, Florida. The purpose of the proposed 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 Parts 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 DEIS discusses the need for this site designation and examines 
    ocean disposal site alternatives to the proposed 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 are 
    feasible only where a substantial quantity of the desired type of 
    material is separable from silt or other undesirable material.
        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 
    Draft 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 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 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.
    
    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 DEIS 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.
        Comments received on the DEIS will be addressed in the FEIS. This 
    Proposed Rule is being published between the DEIS and the Final EIS 
    (FEIS). EPA will accept comments on the Proposed Rule during the 45-day 
    NEPA review period. Comments on the Proposed Rule will be addressed in 
    the Final Rule, which will be published following the completion of the 
    30-day NEPA review period of the FEIS. Responses in the Final Rule may 
    refer to earlier published responses, as appropriate.
    
    C. Proposed Site Designation
    
        The proposed site is located east of Miami, Florida, the western 
    boundary being 3.6 nautical miles (nmi) offshore. The proposed ODMDS 
    occupies an area of about 1 square nautical mile (nmi\2\), in the 
    configuration of an approximate 1 nmi by 1 nmi square. Water depths 
    within the area range from 427 to 785 feet. The coordinates of the 
    Miami site proposed for final 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.
    
    D. Regulatory Requirements
    
        Pursuant to the Ocean Dumping Regulations, 40 CFR Part 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. If, at any time, disposal operations at a site cause 
    unacceptable adverse impacts, further use of the site can be restricted 
    or terminated by EPA. The proposed site conforms to the five general 
    criteria.
        In addition to these general criteria in Section 228.5, Section 
    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 228.6(a)(1)] 40 CFR
    
        The boundary and center coordinates of the proposed site are given 
    above. The western boundary of the proposed 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 candidate site is located at least 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 therefore 
    unlikely that detectable quantities of dredged material will be 
    transported onto beaches. Considering the distance that the proposed 
    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 
    foreseen 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. The Site 
    Management and Monitoring Plan (SMMP) for the Miami ODMDS has been 
    developed and was included as an appendix in the DEIS. 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 agency.
    
    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 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 
    proposed site indicates little possibility of disposed material 
    affecting near-shore reefs. Measures as discussed in the 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 proposed ODMDS was used for the first time in April 1990. Only 
    225,000 cubic yards of maintenance material was disposed in the 
    proposed 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 
    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 will be included as 
    part of the Final EIS. Due to the limited quantity of material disposed 
    at the site, an effects study has not been initiated. Effects 
    monitoring is discussed in the Site Management and Monitoring Plan as 
    part of the EIS.
        No other discharges or dumping occurs in the site. The Miami-Dade 
    Central publicly owned treatment plant outfall discharges approximately 
    1.2 miles west of the site. The effects from this discharge are local 
    and predominantly 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 proposed 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 proposed ODMDS is variable and is influenced 
    by discharges from inshore systems, frequent oceanic intrusions, and 
    periodic upwelling. The proposed 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 shelf in the proposed 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 proposed 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 IV assumes overall responsibility for 
    site management.
        The Site Management and Monitoring Plan (SMMP) for the proposed 
    Miami ODMDS was developed as a part of the process of completing the 
    EIS. 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 agency for cause.
    
    F. Proposed Action
    
        The EIS concludes that the proposed site may appropriately be 
    designated for use. The proposed 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 Proposed Rulemaking. Overall management of this site is 
    the responsibility of the Regional Administrator of EPA/Region IV.
        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 proposed 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 12866, EPA must judge whether a regulation is 
    ``significant'' 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 ``significant'' rule. Consequently, this Rule does not 
    necessitate preparation of a Regulatory Impact Analysis.
        This Proposed 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
    
        Environmental protection, Water pollution control.
    
        Dated: September 23, 1994.
    John H. Hankinson, Jr.,
    Regional Administrator.
    
        In consideration of the foregoing, Subchapter H of Chapter I of 
    Title 40 is proposed to be 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. 1412 and 1418.
    
        2. Section 228.12(a)(3) is amended by removing the complete entry 
    for the Miami Beach approved interim dredged material dumping site and 
    adding Sec. 228.12(b)(95) to read as follows:
    
    
    Sec. 228.12  Delegation of management authority for ocean dumping 
    sites.
    
    * * * * *
        (b) * * *
    
        (95) Miami, Florida; Ocean Dredged Material Disposal Site--
    Region IV.
    
    
    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.
    
    Size: Approximately 1 square nautical mile.
    Depth: Ranges from 427 to 785 feet.
    Primary use: Dredged material.
    Period of use: Continuing use.
    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. 94-26662 Filed 10-26-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
10/27/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-26662
Dates:
Comments must be received on or before December 12, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 27, 1994, FRL-5098-1
CFR: (1)
40 CFR 228.12