[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Proposed Rules]
[Pages 19872-19878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9927]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[FRL-5194-4]
Ocean Dumping; Proposed Designation of Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA proposes to designate an ocean dredged material disposal
site, the Humboldt Open Ocean Dredged Site (HOODS), located offshore of
Humboldt Bay, California, for the disposal of suitable dredged material
removed from the Humboldt Bay region and other nearby harbors or
dredging sites. EPA has tentatively determined that the site selected
in the Draft EIS as the preferred site will be the site designated as
HOODS in this Proposed Rule. The proposed HOODS is located between
approximately 3 and 4 nautical miles (5 and 7 kilometers) west of the
Humboldt Bay entrance and occupies an area of 1 square nautical mile (3
square [[Page 19873]] kilometers). Water depths within the area range
from 160 to 180 feet (49 to 55 meters). The coordinates of the corners
of the proposed square site are: 40 deg.48'25'' North latitude (N) by
124 deg.16'22'' West longitude (W); 40 deg.49'03'' N by 124 deg.17'22''
W; 40 deg.47'38'' N by 124 deg.17'22'' N; and 40 deg.48'17'' N by
124 deg.18'12'' W (North American Datum from 1983). This proposed
action is necessary to provide an acceptable ocean dumping site for
disposal of suitable dredged material from Northern California dredging
sites, including Humboldt Bay and Harbor; the suitability of proposed
dredged material will be determined by appropriate sediment testing
protocols. The proposed designation of HOODS is for a period of 50
years. Disposal operations at the site will be prohibited if the site
management and monitoring program is not implemented.
DATES: Comments on this proposed rule must be submitted by June 6,
1995.
ADDRESSES: Send questions or comments to: Mr. Allan Ota, Ocean Disposal
Coordinator, U.S. Environmental Protection Agency, Region IX (W-3-3),
75 Hawthorne Street, San Francisco, California 94105, telephone (415)
744-1980. The supporting document for this designation is the Draft
Environmental Impact Statement (EIS) for Designation of an Ocean
Dredged Material Disposal Site off Humboldt Bay, California, March
1995, which is available for public inspection at the following
locations:
A. EPA Public Information Reference Unit (PIRU), Room 2904 (rear),
401 M Street, S.W., Washington, D.C.
B. EPA Region IX, Library, 75 Hawthorne Street, 13th Floor, San
Francisco, California.
C. Humboldt Bay Harbor, Recreation and Conservation District, P.O.
Box 1030, Eureka, California.
D. Humboldt County Library, 421 I Street, Eureka, California.
E. Humboldt State University Library, Arcata, California.
F. Arcata City Library, 500 7th Street, Arcata, California.
FOR FURTHER INFORMATION CONTACT:
Mr. Allan Ota, Ocean Disposal Coordinator, U.S. Environmental
Protection Agency, Region IX (W-3-3), 75 Hawthorne Street, San
Francisco, California 94105, telephone (415) 744-1980.
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 authority to designate sites where ocean dumping
may be permitted. On October 1, 1986 the Administrator delegated
authority to designate ocean dredged material disposal sites (ODMDS) to
the Regional Administrator of the EPA Region in which the sites are
located. The proposed HOODS designation action is being made pursuant
to that authority.
The EPA Ocean Dumping Regulations (40 CFR 228.4) state that ocean
dumping sites will be designated by publication pursuant to 40 CFR part
228. This proposed site designation is being published as proposed
rulemaking in accordance with Sec. 228.4(e) of the Ocean Dumping
Regulations, which permits the designation of ocean disposal sites for
dredged material. 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.
The proposed HOODS is located between approximately 3 and 4
nautical miles (5 and 7 kilometers) west of the Humboldt Bay entrance
and occupies an area of approximately 1 square nautical mile (3 square
kilometers). Water depths within the area range from approximately 160
to 180 feet (49 to 55 meters). The coordinates of the corners of the
proposed square site are: 40 deg.48'25'' North latitude (N) by
124 deg.16'22'' West longitude (W); 40 deg.49'03'' N by 124 deg.17'22''
W; 40 deg.47'38'' N by 124 deg.17'22'' N; and 40 deg.48'17'' N by
124 deg.18'12'' W (North American Datum from 1983). EPA Region IX now
proposed to designate HOODS as an ocean dredged material disposal site
for continued use for a period of 50 years.
Site use is subject to implementation of site management and
monitoring requirements contained in the Draft EIS, which are now
identified as the draft Site Management and Monitoring Plan (SMMP) for
the HOODS. The draft SMMP incorporates a tiered site monitoring
structure and MPRSA Section 103 permit review, and identifies standard
conditions that must be included in any permit or authorization for
disposal site use.
B. EIS Development
Section 102(c) of the National Environmental Policy Act (NEPA) of
1969, 42 U.S.C. 4321 et seq., requires that Federal agencies prepare an
environmental impact statement (EIS) on proposals for 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,
including evaluation of reasonable alternatives to the proposed action.
A Notice of Availability of the Draft EIS has been published in the
Federal Register discussing EPA's intent to designate an open ocean
dredged material disposal site off Humboldt Bay, California. The Draft
EIS, titled: Draft Environmental Impact Statement (EIS) for Designation
of an Ocean Dredged Material Disposal Site off Humboldt Bay,
California, evaluated a range of potential alternative disposal sites
as summarized below. The comment period will close 45 days after the
Notice of Availability of the Draft EIS has been published in the
Federal Register. Anyone desiring a copy of the Proposed Rule or Draft
EIS may obtain them from the EPA Region IX office address given above.
EIS Alternatives Analysis
On average, over 800,000 cubic yards of dredged material are
generated annually as a result of routine federal maintenance dredging
operations by the U.S. Army Corps of Engineers (Corps) in Humboldt Bay
and Harbor. Historically, most of this dredged material has been
disposed at 3 different sites offshore of Humboldt Bay. Although
dredged material has been disposed at the sites known as ``SF-3'' and
``NDS'' in the past, environmental and navigational safety concerns
shifted disposal operations to HOODS for the last 3 years.
EPA's analysis of alternatives included detailed examination of
several potential ocean dumping sites for dredged materials from the
Humboldt Bay region and other nearby harbors or dredging sites,
including potential alternative means of handling these dredged
materials other than disposal at an ocean dump site. Alternatives
evaluated in detail in the draft EIS are discussed below. Note that
designation of an ocean dumping site does not authorize any actual
dumping and does not preclude EPA or the Corps from finding in the
future, or for individual projects, that alternative means of managing
dredged materials from the Humboldt Bay region are available and
environmentally preferable.
EPA has determined that it is necessary to designate an ocean
dumping site for dredged materials from Humboldt Bay site now, even if
alternatives to ocean dumping should eventually prove to be available,
because it is unlikely that alternative means of managing dredged
material will accommodate all of the dredged [[Page 19874]] material
that will be generated in the future. As discussed in the Draft EIS,
there are significant limitations at present to the potential
alternatives to ocean dumping of dredged material in the Humboldt Bay
region. However, in all cases, the disposition of dredged materials
from individual projects will be evaluated by EPA Region IX and the
Corps' San Francisco District on a case-by-case basis, taking into
account all the alternatives available at the time of permitting.
Beneficial reuse alternatives will be preferred over ocean disposal
whenever they are practicable and would cause less adverse impacts than
ocean disposal.
The following ocean disposal alternatives were evaluated in the
Draft EIS:
1. No Action--Failure to designate a permanent ocean disposal site
pursuant to Section 102 of the MPRSA would have significant negative
consequences. First, the continued foreseeable need to have an
appropriate site for disposal of suitable sediments from various
Humboldt Bay dredging projects would place pressure on the Corps and
EPA to approve on a project-by-project basis the use of existing or
temporary ocean dumping locations pursuant to MPRSA Section 103. This
could result in: Increased cumulative effects if multiple disposal
sites were used over time; projects delays (with potential navigation
and human safety consequences); and the inefficient expenditure of
limited government resources on multiple site designation actions and
monitoring programs over time. Second, the Water Resources Development
Act of 1992 prohibits the continued use of ocean dump sites which have
not been designated by EPA as Section 102 dump sites by the end of
1997. If EPA fails to designate the HOODS by that date, then ocean
disposal of dredged materials taken from Humboldt Bay projects will be
effectively precluded under Section 102 of the MPRSA.
2. Upland Disposal--Several upland sites were considered for
disposal of dredged materials from Humboldt Bay, including the
``Superbowl'' site which was originally designed to contain
approximately 1 million cubic yards of dredged material. EPA has
eliminated the ``Superbowl'' site from further consideration in the
Draft EIS because of the nearby presence of an endangered plant species
(Erysium menziesii, or Menzie's Wallflower) and the small capacity of
the site relative to the needs of harbor maintenance and new work
dredging over a 50-year period. Other land disposal sites were also
considered but were not investigated in detail because of the potential
for adverse impacts on wetlands, inadequate capacity, and/or conflicts
with other land uses.
3. Beach Nourishment--This disposal alternative was considered
because much of the sediment dredged from the Humboldt Bay region is
sand. (Sediments dredged from the Bar and Entrance, North Bay Channels,
and the Field's Landing Channel in the area north of Buhne Point are
predominately medium- to fine-grained sand. However, sediments in the
southern reach of the Field's Landing Channel and the Samoa and Eureka
Channels have historically been finer-grained material that would not
be suitable for beach nourishment.) EPA has eliminated this alternative
from further consideration for these areas because the dredging and
disposal operations are not expected to be practicable for all of the
material generated in the region. Stationary dredging plants cannot be
used in the entrance and main channel areas because of exposure to
rough sea conditions. Use of a hopper dredge would require rehandling
which would result in adverse localized (in-bay) environmental impacts.
The dredged sediments would be deposited at a sheltered in-bay site by
hopper dredge (effects on in-bay biota), and hydraulically re-dredged
for transport by slurry pipeline to the North or South Spit beach
sites. Dredging and nearshore disposal directly via hopper dredge
without rehandling is discussed below. This alternative would have
greater overall adverse impacts than the preferred alternative (HOODS).
(Note that EPA and the Corps may still determine that beach nourishment
is the preferable alternative for individual projects on a case-by-case
basis.)
4. Disposal off the Continental Shelf--The EPA Ocean Dumping
Regulations (40 CFR 228.5(e)) state that the EPA will, whenever
feasible, designate ocean dumping sites beyond the edge of the
continental shelf and/or at sites that have been historically used (to
minimize cumulative effects). Disposal off the continental shelf would
require use of a site located 10 nautical miles (19 kilometers) or
farther from Humboldt Bay. The Corps has determined that the Zone of
Siting Feasibility (ZSF--the radius limit for economically feasible
disposal operations for the Humboldt Bay area) is 4 nautical miles from
the entrance to Humboldt Bay. EPA has therefore eliminated alternatives
off the continental shelf because they would be outside the ZSF, and
because historical disposal sites exist on the continental shelf within
the ZSF.
5. Nearshore Disposal Site (NDS)--This alternative site is located
approximately 2 nautical miles (4 kilometers) southwest of the Humboldt
Harbor mouth. Two disposal episodes occurred at this site as part of a
study to determine whether sediments discharged at the NDS would remain
in the littoral zone and promote beach nourishment. The study indicated
some shoaling and some evidence of shoreward transport. EPA has
eliminated this alternative from further consideration because, while
it provides a potential beneficial reuse of sandy sediments, there has
been strong objection by local fishermen's groups to the use of this
site based on adverse impacts on navigational safety in the vicinity of
the southern approach and on commercial fishery resources that inhabit
the nearshore area. These resources include egg-brooding Dungeness
crab, juvenile Dungeness crab, and juvenile English sole. This
alternative would have greater overall adverse impacts than the
preferred alternative (HOODS).
6. Disposal Site SF-3--This alternative disposal site is located
approximately 1 nautical mile (2 kilometers) southwest of the Humboldt
Harbor mouth. This site has been used previously by the Corps for
disposal of dredged material from Humboldt Bay. This site was de-
designated as an interim site on December 31, 1988, although it had
been used subsequently under authority of the provisions of Section 103
of the MPRSA. EPA has eliminated this alternative from further
consideration because of concerns about adverse impacts on safe
navigation and on commercial and recreational fisheries. This site
would have greater overall adverse impacts than the preferred
alternative (HOODS).
7. Humboldt Open Ocean Disposal Site (HOODS)--The Draft EIS
identified this alternative site as the preferred alternative based on
comparison to the alternative sites listed above, and to the specific
selection criteria listed in 40 CFR 228.6(a). The proposed HOODS is
located furthest from the coast (between approximately 3 and 4 nautical
miles west of the Humboldt Bay entrance) and in the deepest depth range
(approximately 160 to 180 feet, or 49 to 55 meters). The 1 square
nautical mile (3 square kilometer) site represents an extremely small
area relative to the extent of similar habitat in the surrounding
region. Bathymetric and sediment surveys indicate the proposed HOODS is
located in a depositional area which is likely to retain dredged
material deposited on the sea floor. No significant impacts to other
resources or [[Page 19875]] amenity areas are expected to result from
the proposed designation of the HOODS. Existing and potential fisheries
resources within the proposed HOODS are minimal relative to the other
ocean or nearshore alternatives and the site is removed from more
important fishing grounds located closer to or within the other
alternative sites. Studies have shown that abundances and biomass of
demersal fishes and megafaunal invertebrates, at the proposed HOODS are
lower than those at the other alternative sites. Water column impacts
resulting from disposal of dredged material are expected to be
temporary and localized within the site. Therefore, potential impacts
to surface and mid-water dwelling organisms, such as seabirds, marine
mammals, and midwater fishes, are expected to be insignificant.
EPA has determined that this proposed site represents the
environmentally preferred alternative for designation of an open ocean
dredged material disposal site for the Humboldt Bay area. Its
selection, along with the general and specific restrictions on site
use, avoids and minimizes environmental harm from ocean disposal of
suitable dredged material to the maximum extend practicable. A Record
of Decision (ROD) will not be issued as a separate document; instead
the Final Rule will serve as the ROD for proposed designation of the
HOODS.
C. Regulatory Requirements
Consistency With the Coastal Zone Management Act
EPA will prepare a Coastal Consistency Determination (CCD) document
based on the evaluations presented in the Draft EIS. The CCD will
evaluate whether the proposed action--designation of the HOODS as
described in the Draft EIS as an ocean disposal site for up to 50
years, for dredged material meeting ocean disposal criteria--would be
consistent with the provisions of the Coastal Zone Management Act. The
CCD will be formally presented to the California Coastal Commission at
the scheduled public hearing. Any Commission recommendations will be
incorporated, as appropriate, into the Final EIS and Final Rule.
Endangered Species Act Consultation
EPA has initiated consultations with the National Marine Fisheries
Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) pursuant to
provisions of the Endangered Species Act, regarding the potential for
designation and use of any of the alternative ocean disposal sites
under study to jeopardize the continued existence of any federally
listed threatened or endangered species. This consultation process will
be fully documented in the Final EIS.
Compliance With Ocean Dumping Criteria
Five general criteria are used in the selection and approval of
ocean disposal sites for continuing use (40 CFR 228.5). First, sites
must be selected to minimize interference with other activities,
particularly avoiding fishery areas or major navigation areas. Second,
sites must be situated such that temporary (during initial mixing)
water quality perturbations caused by disposal operations would be
reduced to normal ambient levels before reaching any beach, shoreline,
sanctuary, or geographically limited fishery area. Third, if site
designation studies show that any interim disposal site does not meet
the site selection criteria, use of such site shall be terminated as
soon as an alternate site can be designated. Fourth, disposal site size
must be limited in order to localize for identification and control any
immediate adverse impacts, and to facilitate effective monitoring for
long-range effects. Fifth, EPA must, wherever feasible, designate ocean
dumping sites beyond the edge of the continental shelf and/or where
historical disposal has occurred.
As described in the Draft EIS, the proposed HOODS was specifically
selected to comply with these general criteria. First, as discussed
further below in discussing the 11 specific site selection criteria,
EPA has determined that the proposed HOODS is not a significant fishery
area, is not a major navigation area and otherwise has no
geographically limited resource values that are not abundant in other
parts of this coastal region. Second, as also discussed further below,
dredged material deposited at the proposed site is not expected to
reach any significant area such as a marine sanctuary, beach, or other
important natural resource area. Third, although it is a historically
used site, the proposed HOODS is not an interim disposal site. Fourth,
the proposed site has an appropriately limited size and has been
selected to allow for effective monitoring. Fifth, although the
proposed site is not located beyond the continental shelf, it is
located in an area historically used for dumping.
In addition to the 5 general criteria, 11 specific site selection
criteria are listed in 40 CFR 228.6(a) of the EPA Ocean Dumping
Regulations for evaluation of all candidate disposal sites. The 5
general criteria and the 11 specific factors overlap to a great degree.
The proposed HOODS site, as discussed below, is also acceptable under
each of the 11 specific criteria.
1. Geographical position, depth of water, bottom topography and
distance from coast (40 CFR 228.6(a)(1)). The proposed HOODS is located
between approximately 3 and 4 nautical miles (5 and 7 kilometers) west
of the Humboldt Bay entrance and occupies an area of 1 square nautical
mile (3 kilometers). Water depths within the area range from 160 to 180
feet (49 to 55 meters). Bathymetric and sediment surveys indicate that
the proposed site is located in a depositional area. The proposed
site's depositional nature and natural topography is expected to
minimize the extent of potential impacts to the benthos, and is
expected to facilitate long-term containment of deposited material as
well as site monitoring activities.
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)). The proposed HOODS provides feeding and breeding areas
for common resident benthic species. Floating larvae and eggs of
various species are expected to be found at and near the water surface
at the site as well as the alternative sites evaluated. However, the
proposed designation of the site is not expected to affect any
geographically limited (i.e., unique) habitats, breeding sites, or
critical areas that are essential to rare or endangered species. In
comparison to the other alternative sties evaluated, the proposed site
has the least potential for adverse impact to commercially important
species.
3. Location in relation to beaches and other amenity areas (40 CFR
228.6(a)(3)). The proposed HOODS site is located between approximately
3 and 4 nautical miles (5 and 7 kilometers) west of the Humboldt Bay
entrance and approximately 4 to 7 nautical miles from the closest
nearshore resources, beaches, and other coastal amenity areas. Ocean
currents in the vicinity of the proposed HOOD flow predominately to the
northwest and offshore in the winter and predominately to the southwest
and offshore in the summer. Current speeds are usually on the order of
0.5 knot (25 centimeters per second) at the surface and less at depth.
These flows may be strongly influenced by local winds and tides. Any
residual suspended solids from disposal operations at the proposed
HOODS are expected to move primarily to the northwest or southwest
depending on the oceanographic season during any [[Page 19876]] one
year and generally in the offshore direction throughout the year.
Because of the relatively shallow depths and slow current speeds, it is
predicated that the vast bulk of the disposed material will remain
within the proposed disposal site. For the above reasons, EPA has
determined that aesthetic impacts of plumes, transport of dredged
material to any shoreline, and alternation of any habitat of special
biological significance or marine sanctuary is not expected to occur if
this proposed site is designated.
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 228.6(a)(4)). Over 800,000 cubic yards of dredged material
are generated annually as a result of federal maintenance dredging
operations by the Corps in Humboldt and Harbor. In addition, larger
volumes of dredged material (e.g., from deepening projects) may also be
generated periodically. Typical composition of dredged material
disposed at the site is expected to range between two types:
``predominantly sand'' (grain size greater than 0.075 millimeters)
versus ``predominantly silt-clay'' (grain size less than 0.075
millimeters). These material types are based on data from historical
projects from the Humboldt Bay region. The expected typical disposal
method would involve hopper dredges (hydraulic dredging), with a
maximum capacity of up to 5,000 cubic yards but typically carrying
loads of approximately 2,000 to 3,000 cubic yards of dredged material
per trip. Dredged material would not be packaged. All dredged material
proposed for disposal at the proposed site must be suitable for ocean
disposal. This determination will be made by DPA Region IX and the
Corps' San Francisco District based upon the results of an evaluation
of information developed in accordance with the 1991 EPA/Corps ``Green
Book'' (e.g., physical, chemical and biological tests) before a MPRSA
Section 103 permit can be issued. Dumping of prohibited materials or
other industrial or municipal wastes will not be permitted at the
proposed site (40 CFR 227.5 and 227.6(a)). Existing information
suggests that it is appropriate to dispose, via hopper dredge or
bottom-dump barge, of the type of dredged material that will be removed
from the Humboldt Bay region at the proposed HOODS. Because of the
relatively shallow depths and slow current speeds, the dredged material
is expected to settle rapidly to the ocean bottom within the boundaries
of the proposed site and not to create plumes which will reach
significant areas such as marine sanctuaries, recreational areas, or
geographically limited habitats at greater than background
concentrations. Disposing dredged material at the proposed site which
meets regulatory criteria for ocean dumping is expected to create some
limited alteration of benthic habitat within site boundaries, but
should not create substantial adverse impacts extending beyond site
boundaries. For these reasons, no significant adverse impacts are
expected to be associated with the types and quantities of dredged
material that may be disposed at the proposed site.
5. Feasibility of surveillance and monitoring (40 CFR 228.6(a)(5)).
EPA Region IX and the Corps' San Francisco District share the
responsibilities of managing and monitoring the disposal site, and,
with the on-site assistance of the U.S. Coast Guard (USCG), to enforce
permit conditions within the limits of their jurisdiction. The proposed
HOODS is located between approximately 3 and 4 nautical miles (5 and 7
kilometers) offshore and occupies an area ranging in depth from 160 and
180 feet (49 to 55 meters). Standardized equipment and techniques would
be used for surveillance and monitoring activities during transit to
and at the proposed site, as described in the SMMP included in the
Draft EIS. Based on previous experience at other ocean dredged material
disposal sites located farther offshore and in deeper waters, EPA has
determined that the surveillance and monitoring activities are fully
feasible to implement at the proposed HOODS.
6. Dispersal, horizontal transport and vertical mixing
characteristics of the area, including prevailing current direction and
velocity, if any (40 CFR 228.8(a)(6)). Ocean currents in the vicinity
of the proposed HOODS flow predominantly to the northwest and offshore
in the winter and predominantly to the southwest and offshore in the
summer. Current speeds are usually on the order of 0.5 knot (25
centimeters per second) at the surface and less at depth. These flows
may be strongly influenced by local winds and tides. Any residual
suspended solids from disposal operations at the proposed HOODS are
expected to move primarily to the northwest or southwest depending on
the oceanographic season during any one year and generally in the
offshore direction throughout the year. Because of the relatively
shallow depths and slow current speeds, it is predicted that the vast
bulk of the disposed material will remain within the proposed disposal
site. For these reasons, EPA has determined that the dispersal,
transport and mixing characteristics of the proposed site, and its
current velocities and directions, are appropriate for its proposed
designation as a dredged material disposal site.
7. Existence and effects of current and previous discharges and
dumping in the area (including cumulative effects) (40 CFR
228.6(a)(7)). Under an MPRSA Section 103 permit, the Corps has been
discharging on average over 800,000 cubic yards of dredged material at
the proposed HOODS. The NDS has been used for two disposal episodes,
totaling over 1.4 million cubic yards. The SF-3 site has been used for
dredged material from maintenance dredging operations since the 1940's.
It is estimated that a total of 20 to 25 million cubic yards of dredged
material from the Humboldt Bay Federal navigation channels has been
disposed at the SF-3 site. No other documented disposal of dredged
material has occurred within or in the vicinity of the proposed site.
In addition, no other discharges occur in the immediate vicinity of
the HOODS. The Simpson Paper Company presently discharges freshwater
through an outfall into ocean waters adjacent to the Samoa Peninsula,
although historically it discharged bleached kraft pulp effluent. The
outfall is approximately 3 nautical miles (5.5 kilometers) east of the
HOODS, 3 nautical miles (5.5 kilometers) north of the SF-3 site, and
3.5 nautical miles (6.5 kilometers) north of the NDS. The Louisiana
Pacific Corporation owns and operates a market bleached kraft pulp mill
located on the Samoa Peninsula. The discharge from this outfall
consists of: Process wastewater from kraft pulping, pulp bleaching, and
pulp drying; solids from its water treatment plant; power boiler
effluent; and stormwater, As authorized under its National Pollutant
Discharge Elimination System (NPDES) Permit, the Louisiana Pacific
Corporation is prohibited from discharging waste water in violation of
effluent standards or prohibitions established under Section 307(a) of
the Clean Water Act, and it is prohibited from discharging sewage
sludge. The outfall is located approximately 3.5 nautical miles (6.5
kilometers) east of the HOODS, 3.5 nautical miles (6.5 kilometers)
north of the SF-3 site, and 4 nautical miles (7.5 kilometers) north of
the NDS. Prevailing near-shore currents would direct discharge plumes
from both outfalls up or down the coast, depending on the seasonal
current regime, not offshore toward the HOODS. The effects of
discharges are expected to be limited to local areas near the outfalls
and to not [[Page 19877]] extend to the vicinity of the proposed ocean
dredged material disposal site (HOODS). For the above reasons, EPA has
determined that there are no expected adverse cumulative or synergistic
impacts from the use of the proposed HOODS and discharges from the
outfalls described above.
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
288.6(a)(8)). In evaluating whether dumping activity at the site could
interfere with shipping, fishing, recreation, mineral extraction,
desalination, areas of scientific importance and other legitimate uses
of the ocean, EPA considered both the direct effects from depositing
dredged material on the ocean bottom within the proposed HOODS
boundaries and the indirect effects associated with vessel traffic that
will result from transportation of dredged material to the proposed
dump site. Existing information indicates that the proposed site is not
a significant fisheries area, is not a significant recreational area,
is not a significant area for harvestable minerals, is not a potential
staging ground or intake area for desalination activity, is not
scientifically important in itself, and otherwise has no geographically
limited resource values that are not abundant in other parts of this
coastal region. Accordingly, depositing dredged material at the
proposed site will not interfere with these activities. Finally, vessel
traffic involved in transportation of dredged material to the proposed
HOODS should also cause no substantial interference with any of the
activities discussed above.
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)). Existing information and regional studies described in
the Draft EIS provide the following determinations: Water quality at
the proposed HOODS is indistinguishable from the water quality of
nearby areas. Sediments contain background levels or low concentrations
of trace metal and organic contaminants. The demersal fish community
within the proposed HOODS has lower numbers of species and lower
abundances than the other alternative sites. The proposed HOODS
contains moderate numbers of megafaunal invertebrate species (Dungeness
crab) but lower overall abundances compared to the other alternative
sites. Infaunal invertebrates (polychaetes, amphipods, and mollusks)
within the proposed HOODS show higher diversity and abundance compared
to the other alternative sites; however, these infaunal invertebrate
trends are similar to the general depth-related trends of the
surrounding region. Seabirds, marine mammals, and mid-water organisms
including juvenile rockfishes are seasonally abundant; however, the
proposed HOODS is not considered to have geographically limited
resource values that are not also abundant in other alternative sites
or other parts of this coastal region. Based on these Draft EIS
conclusions, EPA has determined that, compared to the alternative sites
evaluated, the HOODS is the environmentally preferred location for
ocean disposal site designation.
10. Potentiality for the development or recruitment of nuisance
species in the disposal site (40 CFR 228.6(a)(10)). Local opportunistic
benthic species characteristic of disturbed conditions are expected to
be present and abundant at any ocean dredged material disposal site in
response to physical deposition of sediments. Opportunistic
polychaetes, such as Capitella, may colonize the proposed disposal
site. However, these worms can become food items for local bottom-
feeding fish and are not directly harmful to other species. No
recruitment of species capable of harming human health or the marine
ecosystem is expected to occur at the proposed site. Previous studies
of the benthic fauna present at the SF-3 site and at the NDS support
the expectation that disposal of dredged material from the Humboldt Bay
region will not promote the development of nuisance species.
11. Existence at or in close proximity to the site of any
significant natural or cultural feature of historical importance (40
CFR 228.6(a)(11)). The ocean waters in the vicinity of Humboldt Bay
contain sites of numerous vessel accidents and sinkings. Based on
previous evaluations for and issuance of MPRSA Section 103 permits, no
significant national or cultural features of historical importance have
been identified in the vicinity of the proposed HOODS. The California
State Historic Preservation Officer has been contacted for an initial
examination of their inventory and whether there are any known historic
shipwrecks or any known aboriginal artifacts at the HOODS or in the
vicinity. Final determination will be made for the Final EIS and Final
Rule.
D. Site Management and Monitoring of the HOODs
Implementation of site management and monitoring activities for the
proposed HOODS is a requirement for site use. These activities must be
performed in accordance with the Site Management and Monitoring Plan
(SMMP) included in the Draft and Final EIS. Failure to implement the
monitoring described in the SMMP precludes use of the proposed site for
disposal of dredged material until such time when monitoring can be
resumed.
The SMMP, jointly administered by EPA Region IX and the Corps San
Francisco District, embodies management and monitoring activities.
Management activities consists of: evaluating the suitability of
sediments proposed for disposal at the HOODS for each project;
evaluating the performance and conditions of the site based on the
results of periodic site monitoring; and conducting surveillance and
enforcement of permits issued for use of the proposed HOODS. Site
monitoring activities are built upon a tiered monitoring approach.
These monitoring activities are designed to ensure that the area of
acceptable impact is primarily restricted to the disposal site and that
unacceptable environmental impacts do not occur beyond the site
boundaries. Management decisions at each tier are defined for sediment
fate and effects, body burdens of chemicals of concern, or benthic
biological community effects. Each tier will require a management
decision based on the information gathered. If the null hypothesis for
a particular tier is rejected, then an change in site management
practices may be instituted, or a more complex set of tests are invoked
at the next higher tier to determine the extent of impacts.
Physical monitoring (Tier 1) is expected to occur on an annual
basis to determine changes in bathymetry and extent of the dredged
material deposit (footprint) relative to the site boundaries. If the
footprint extends beyond the site boundary and exceeds 10 centimeters
of thickness outside of the site boundary, then an evaluation will be
made to determine the potential of adverse physical impacts due to
smothering of the benthic resources by the disposed sediments (Tier 2).
If EPA determines that the extent of physical impact outside of the
site boundary is unacceptable, a change in site management practices
will be instituted. If the extent of the footprint is not unacceptable,
but the adverse impacts to the benthic resources cannot be clearly
attributed only to physical factors (i.e., burial), then an evaluation
will be made to determine the potential of adverse impacts to the
benthic resources due to elevated chemical contaminants and
bioaccumulation (Tier 3).
This monitoring program is designed to facilitate detection of any
potential [[Page 19878]] unacceptable adverse impacts due to dredged
material disposal, so that decisions about the need for changes in
management practices may be made in a timely manner. Depending on the
results of the periodic monitoring, EPA may at any tier determine that
one or more of the following types of site management actions is
required: Continue existing site use; implement higher tier monitoring;
modify some or all site use restrictions; or discontinue disposal
activities. EPA expects that the SMMP will be revised and updated from
time to time based on monitoring results, scientific advancements, and
experience gained. EPA is committed to considering public comments
prior to implementing substantive updates to the SMMP. To ensure that
interested parties have the opportunity to comment, proposed
substantive updates to the SMMP will be distributed in draft form via a
Public Notice or similar means.
E. Action
EPA Region IX has determined that there is a need for an ocean
dredged material disposal site in the vicinity of Humboldt Bay,
California. Based on evaluation of alternatives, EPA Region IX has
tentatively determined that the HOODS may appropriately be designated
for use over a period of 50 years. The proposed designation of the
HOODS complies with the general and specific criteria used for site
evaluation. EPA is, therefore, proposing to designate the HOODS as an
EPA-approved Ocean Dumping Site in this proposed rulemaking. Management
of this proposed site will be the responsibility of the Regional
Administrator of EPA Region IX in cooperation with the Corps' South
Pacific Division Engineer and the San Francisco District Engineer,
based on requirements defined in the Final EIS and Final Rule. The
required management and monitoring activities will be described in a
SMMP prepared by EPA and incorporated in the Draft and Final EIS, with
the opportunity for public review. Subsequent substantive revisions of
the SMMP will be published and subjected to public review.
It is emphasized that ocean dumping site designation does not
constitute or imply EPA Region IX's or the Corps San Francisco
District's approval of actual ocean disposal of dredged materials.
Before ocean dumping of dredged material at the site may begin, EPA
Region IX and the Corps San Francisco District must evaluate permit
applications according to EPA's Ocean Dumping Criteria. Permits cannot
be issued if either EPA Region IX or the Corps San Francisco District
determines that the Ocean Dumping Criteria of MPRSA would not be met.
The requirement for compliance with the Ocean Dumping Criteria of the
MPRSA may not be superseded by the provisions of any future
comprehensive regional management plan for dredged material.
F. Regulatory Assessments
Under the Regulatory Flexibility Act, EPA is required to perform a
Regulatory Flexibility Analysis for all Rules which 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 a substantial number of small entities since the proposed site
designation will only have the effect of providing a disposal option
for dredged material. Consequently, this Proposed Rule does not
necessitate preparation of a Regulatory Flexibility Analysis.
This proposed 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 Proposed Rule does not necessitate preparation
of a Regulatory Impact Analysis.
G. Responses to Comments on the Site Designation Proposed Rule
Comment period for this Proposed Rule will end June 6, 1995.
Comments will be considered and revisions, as appropriate, will be
incorporated into the Final EIS and Final Rule.
List of Subjects in 40 CFR Part 228
Environmental protection water pollution control.
Dated: April 12, 1995.
Felicia A. Marcus,
Regional Administrator, EPA Region IX.
In consideration of the foregoing, subchapter H of chapter 1 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 228.15 is amended by adding paragraph (1)(10) to read as
follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(1) * * *
(10) Humboldt Open Ocean Disposal Site (HOODS) Ocean Dredged
Material Disposal Site--Regional IX
(i) Location: The coordinates of the corners of the square site
are: 40 deg.48'25'' North latitude (N) by 124 deg.16'22'' West
longitude (W); 40 deg.49'03'' N by 124 deg.17'22'' W; 40 deg.47'38'' N
by 124 deg.17'22'' N; and 40 deg.48'17'' N by 124 deg.18'12'' W (North
American Datum from 1983).
(ii) Size: 1 square nautical mile (3 square kilometers).
(iii) Depth: Water depths within the area range between
approximately 160 to 180 feet (49 to 55 meters).
(iv) Use Restricted to Disposal of: Dredged materials.
(v) Period of Use: Continuing use over 50 years from date of site
designation, subject to restrictions and provisions set forth in
paragraph (1)(10)(vi) of this section.
(vi) Restrictions/Provisions: Site management and monitoring
activities shall be implemented during the period of site use and in
accordance with the Site Management and Monitoring Plan (SMMP) for the
HOODS as incorporated in the Draft and Final EIS.\1\ All disposal
activities shall be terminated if monitoring, as described in the SMMP,
is not implemented. The SMMP may be periodically revised as necessary;
proposed substantive revisions to the SMMP shall be made following
opportunity for public review and comment.
\1\The Draft and Final EIS are available at the following
locations: EPA Public Information Reference Unit (PIRU), Room 2904
(rear), 401 M Street, S.W., Washington, D.C. / EPA Region IX,
Library, 75 Hawthorne Street, 13th Floor, San Francisco, California.
/ Humboldt Bay Harbor, Recreation and Conservation District, P.O.
Box 1030, Eureka, California. / Humboldt County Library, 421 I
Street, Eureka, California. / Humboldt State University Library,
Arcata, California. / Arcata City Library, 500 7th Street, Arcata,
California.
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[FR Doc. 95-9927 Filed 4-20-95; 8:45 am]
BILLING CODE 6560-50-M
