[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Pages 25192-25193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11679]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[FRL-5205-8]
Ocean Dumping; Proposed Site Modifications and Site Dedesignation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA today proposes to modify the designation of an Ocean
Dredged Material Disposal Site (ODMDS) and to dedesignate another ODMDS
in the Atlantic Ocean offshore Charleston, South Carolina. The proposed
modifications are to extend the period of use and to provide for
improved management of the Charleston Harbor Deepening Project ODMDS.
The proposed dedesignation is for the smaller Charleston ODMDS. These
proposed actions are necessary to provide an environmentally acceptable
ocean disposal site for projects in the Charleston area.
DATES: Comments must be received on or before June 26, 1995.
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.
FOR FURTHER INFORMATION CONTACT: Gary W. Collins, 404/347-1740 ext.
4286.
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 December 23, 1986, the Administrator
delegated the authority to the Regional Administrator of the Region in
which sites are located. The EPA Ocean Dumping Regulations promulgated
under MPRSA (40 CFR chapter I, subchapter H, Sec. 228.11) state that
use of disposal sites may be modified.
The Charleston Harbor Deepening Project ODMDS was designated on
August 3, 1987 along with a smaller Charleston ODMDS. A decision to
designate a small site for permanent use at Charleston was based on
projected future disposal volumes and the ease of monitoring. The
larger Harbor Deepening Project site, which was the interim site, was
designated for a seven-year period and restricted to use for Harbor
Deepening material only. The smaller, permanent Charleston ODMDS lies
within the boundaries of, and completely in the western portion of, the
larger Charleston Harbor Deepening Project ODMDS. The sites are defined
by the following coordinates:
Charleston Harbor Deepening Project ODMDS;
32 deg.38'06'' N, 79 deg.41'57'' W;
32 deg.40'42'' N, 79 deg.47'30'' W;
32 deg.39'04'' N, 79 deg.49'21'' W;
32 deg.36'28'' N, 79 deg.43'48'' W.
Charleston ODMDS;
32 deg.40'27'' N, 79 deg.47'22'' W;
32 deg.39'04'' N, 79 deg.44'25'' W;
32 deg.38'07'' N, 79 deg.45'03'' W;
32 deg.39'30'' N, 79 deg.48'00'' W.
Recent on-site investigations have revealed the presence of
significant live bottom resources within and around both Charleston
ODMDSs. These resources are located primarily in the western half of
the smaller site and along the southern boundary of the larger site.
While the effects of burial by dredged material disposal are apparent,
the effects of nearby disposal (particularly of fine material) on these
resources is yet to be determined. Ongoing studies are being conducted
to determine whether recently disposed fine materials are impacting
these resources. Until these studies are complete, further disposal of
all fine material will be limited to the eastern portion of the
Charleston Harbor Deepening Project ODMDS to prevent interference with
these studies and to minimize further potential impacts.
On March 5, 1991 final rulemaking was issued to modify the
Charleston Harbor Deepening ODMDS to allow non-harbor deepening
projects access to this site. Since the smaller ODMDS was the only site
available at that time for such projects, and the resources of concern
were located within that site, it was determined that such a
modification was necessary for continued disposal of Charleston Harbor
area projects in an environmentally-acceptable manner.
In March 1993, the EPA and the Charleston District of the U.S. Army
Corps of Engineers (COE) entered into an agreement concerning the
management and monitoring of the Charleston Harbor Deepening ODMDS.
This Site Management Plan (the Plan) was the result of partnering of
the federal, state and local authorities who have an interest in ocean
disposal and the protection of marine resources. The Site Management
and Monitoring Team (the Team) jointly developed the Plan which
outlines specific management and monitoring objectives for the
Charleston ODMDS. The Team meets regularly to review the progress and
results of monitoring and makes recommendations to EPA and the COE on
the management and regulation of ocean disposal at the site. The
current five year monitoring effort has entered its third year. Copies
of the Plan, which is scheduled for review in 1997, may be obtained for
review and comment from either the EPA regional office or the COE
District office.
B. EIS Determination
EPA has voluntarily committed to prepare Environmental Impact
Statements (EIS) in connection with the designation of ocean disposal
sites (39 FR 16186 (May 7, 1974)). The need for an EIS in the case of
modifications is addressed in 39 FR 37420 (October 21, 1974), section
1(a)(4). If the change is judged sufficiently substantial by the
responsible official, an EIS is needed.
The continued use of the Charleston Harbor Deepening ODMDS is vital
to the management goals of the Plan. The existence of natural resources
within the smaller ODMDS, by itself, should preclude any further use of
that site. By allowing the larger ODMDS to receive material on a
continued basis, the need for the smaller ODMDS no longer exists,
thereby allowing for disposal to occur in a more environmentally
acceptable location. In addition, disposal within the larger site will
have to proceed in accordance with the Plan. Strict adherence to the
disposal placement as specified in the Plan is necessary to prevent
wasted monitoring efforts, which were designed based on the disposal of
fine-grained materials within a specific location. Because monitoring
results may cause management objectives to change, the Plan was
designed so that appropriate changes could be made with the concurrence
of EPA and the COE. EPA believes these changes do not warrant the
preparation of an Environmental Impact Statement (EIS). [[Page 25193]]
Once studies are complete, EPA may redefine the boundaries of the
Charleston Harbor Deepening Project ODMDS through further rulemaking.
Such rulemaking could modify disposal activities in the vicinity of the
area's resources and reduce the potential for adverse impacts or
allowing greater utilization of the site. EPA's primary concern is to
provide an environmentally acceptable ocean disposal site for
Charleston Harbor area dredging projects on a continued basis.
C. Proposed Site Modifications
The proposed site modifications for the Charleston Harbor Deepening
Project ODMDS are the extension of the period of use and to adjust
certain restrictions on site use. The present period of use on the site
is for seven years from the initiation of the Charleston Harbor
deepening project. EPA proposes to change the period of use to
``continued use.'' EPA also proposes to add to the present restriction
of site use the following language: ``and in accordance with all
provisions of disposal placement as specified by the Site Management
Plan.''
D. Proposed Site Dedesignation
The proposed dedesignation of the smaller Charleston ODMDS is due
to the presence of natural resources within its boundaries. Disposal of
material within this site, particularly fine-grained materials, could
directly and indirectly affect the survival of these resources. The
proposed modification on the larger ODMDS to allow for continued use
will provide a suitable location for the disposal of all materials from
the Charleston area that meet the ocean disposal criteria.
Additionally, the boundaries of the smaller ODMDS lie totally within
the larger ODMDS. Therefore, the proposed action does not, at this
time, actually remove any ocean bottom from potentially being used, if
appropriate.
E. 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 modifications and dedesignation will only
have the effect of providing an environmentally acceptable disposal
option for dredged material on a continued basis. Consequently, this
Rule does not necessitate preparation of a Regulatory Flexibility
Analysis.
Under Executive Order 12866, EPA must judge whether a regulation is
``major'' and therefore subject to the requirement of a Regulatory
Impact 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 Rule does not necessitate
preparation of a Regulatory Impact Analysis.
This Proposed Rule does not contain any information collection
requirements subject to Office of 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.
Patrick M. Tobin,
Acting 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 228.15 is proposed to be amended by revising the
``Period of Use'' and ``Restriction'' in paragraph (h)(5) and by
removing and reserving paragraph (h)(4) to read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(h) * * *
(4) (Reserved)
(5) * * *
* * * * *
Period of Use: Continued use.
Restriction: Disposal shall be limited to dredged material from
the Charleston Harbor area. All dredged materials, except entrance
channel materials, shall be limited to that part of the site east of
the line between coordinates 32 deg.39'04''N, 79 deg.44'25''W and
32 deg.37'24''N, 79 deg.45'30''W unless the material can be shown by
sufficient testing to contain 10% or less of fine material (grain
size of less than 0.074 mm) by weight and shown to be suitable for
ocean disposal. Additionally, all disposals shall be in accordance
with all provisions of disposal placement as specified by the Site
Management Plan.
* * * * *
[FR Doc. 95-11679 Filed 5-10-95; 8:45 am]
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