[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Rules and Regulations]
[Pages 49228-49230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23577]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[FRL-5300-4]
Ocean Dumping; Site Modifications and Site Dedesignation;
Charleston, South Carolina
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA today modifies the designation of an Ocean Dredged
Material Disposal Site (ODMDS) and dedesignates another ODMDS in the
[[Page 49229]]
Atlantic Ocean offshore Charleston, South Carolina. The modifications
are to extend the period of use and to provide for improved management
of the Charleston Harbor Deepening Project ODMDS. The dedesignation is
for the smaller Charleston ODMDS. These actions are necessary to
provide an environmentally acceptable ocean disposal site for projects
in the Charleston area.
EFFECTIVE DATE: This final rule is effective on October 23, 1995.
ADDRESSES: 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.
4287.
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, Section 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.
The Proposed Rule for these actions was published in the Federal
Register on May 11, 1995 [60 FR 25192]. Only one letter of comment was
received during the 45 day comment period. This letter was from the
U.S. Department of the Interior and expressed their concerns that the
live bottoms of interest went undetected during the site evaluation
studies. The EPA acknowledges this concern and has reviewed the way in
which these studies were approached in the late 1970's to avoid any
repetition on future site evaluations.
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).
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. Site Modifications
The 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
[[Page 49230]]
initiation of the Charleston Harbor deepening project. EPA changes the
period of use to `continued use.' EPA also adds to the present
restriction of site use the following language: `and in accordance with
all provisions of material placement as specified by the Site
Management Plan.'
D. Site Dedesignation
The 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
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, this 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 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 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.
This Final 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.
John H. Hankinson, Jr.,
Regional Administrator.
In consideration of the foregoing, subchapter H of chapter I of
title 40 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. 1412 and 1418.
2. Section 228.15 is amended by revising paragraphs (h)(5) (v) and
(vi) and by removing and reserving paragraph (h)(4) to read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(h) * * *
(5) * * *
(v) Period of use: Continued use.
(vi) 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 material placement as specified by the Site Management
Plan.
* * * * *
[FR Doc. 95-23577 Filed 9-21-95; 8:45 am]
BILLING CODE 6560-50-P
