Modification of the Designations of the Caribbean Ocean Dredged Material Disposal Sites, 29537-29539 [2015-12335]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations
Although EPA is disapproving portions
of Illinois’ submission addressing the
prevention of significant deterioration,
Illinois continues to implement the
Federally promulgated rules for this
purpose as they pertain to (C), (D)(i)(II),
and the prevention of significant
deterioration (PSD) portion of (J).
[FR Doc. 2015–12355 Filed 5–21–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[EPA–R2–OW–2014–0587; FRL–9928–04Region 2]
Modification of the Designations of the
Caribbean Ocean Dredged Material
Disposal Sites
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Through this rulemaking, the
U.S. Environmental Protection Agency
(EPA) is modifying the designations for
the five Ocean Dredged Material
Disposal Sites (ODMDS) around Puerto
Rico (San Juan Harbor, PR ODMDS;
Yabucoa Harbor, PR ODMDS; Ponce
Harbor, PR ODMDS; Mayaguez Harbor,
PR ODMDS; Arecibo Harbor, PR
ODMDS). Currently, each of the ODMDS
is restricted to only allow disposal of
dredged material from the specific
harbor for which it is named. This
modification removes the restriction
that limits eligibility for disposal at each
of the disposal sites based solely on the
geographic origin of the dredged
material. The modifications to the site
designations do not actually authorize
the disposal of any particular dredged
material at any site. All proposals to
dispose of dredged material at any of the
designated sites will continue to be
subject to project-specific reviews and
must still be demonstrated to satisfy the
criteria for ocean dumping before any
material is authorized for disposal. This
rulemaking was taken to provide longterm flexibility for management of any
dredged material that may potentially be
derived from maintenance,
development, or emergency activities in
areas outside those harbors provided for
in the original designations. The
modifications to the site designations
are for an indefinite period of time. Each
ODMDS will continue to be monitored
to ensure that significant unacceptable,
adverse environmental impacts do not
occur as a result of dredged material
disposal at the site.
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:56 May 21, 2015
Jkt 235001
This final rule is effective on
June 22, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OW–2014–0587. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy by appointment at the Dredging,
Sediment and Oceans Section (CWD),
U.S. Environmental Protection Agency,
Region 2, 290 Broadway, New York, NY
10007. This Docket Facility is open from
8:30 a.m. and 4:30 p.m., Monday
through Friday, excluding legal
holidays. The Docket telephone number
is 212–637–3799.
FOR FURTHER INFORMATION CONTACT:
Mark Reiss, Clean Water Division
Region 2 (24th Floor), Environmental
Protection Agency, 290 Broadway New
York, NY 10007; telephone number:
212–637–3799; fax number: 212–637–
3891; email address: reiss.mark@
epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Regulatory Reviews
IV. Statutory and Executive Order Reviews
I. 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. These modifications are being
made pursuant to that authority. EPA is
conducting this rulemaking to remove
the geographic restrictions on the origin
of the dredged material that can be
disposed from the designations of the
San Juan Harbor, PR Ponce Harbor, PR,
Yabucoa Harbor, PR, Mayaguez Harbor,
PR and Arecibo Harbor, PR ODMDSs.
The site modifications in this action
provide the Corps, Commonwealth of
Puerto Rico, municipal, and private
entities with greater long term flexibility
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
29537
in managing dredged materials outside
the specific harbors provided for in the
original designations.
The background for today’s action is
discussed in detail in EPA’s October 14,
2014, proposal (79 FR 61591). The EPA
received two comments on the proposed
rule that supported the rulemaking. One
of the letters raised some general
concerns about the need to ensure that
sensitive marine habitats are not
adversely impacted by activities
allowed by this rulemaking.
Modification of the designation of
ocean disposal sites under 40 CFR part
228 is essentially a preliminary,
planning measure. The practical effect
of such a designation is only to require
that if future ocean disposal activity is
permitted and/or authorized (in the case
of Corps projects) under 40 CFR part
227, then such disposal should
normally be consolidated at the
designated sites (see 33 U.S.C. 1413(b).)
Modification of the designation of an
ocean disposal site does not authorize
any actual disposal and does not
preclude EPA or the Corps from finding
available and environmentally
preferable alternative means of
managing dredged materials, or from
finding that certain dredged material is
not suitable for ocean disposal under
the applicable regulatory criteria.
This modification provides flexibility
for management of dredged material
from areas outside the harbors provided
for in the original designations.
However, it should be emphasized that
modification of the designations of the
ODMDS does not constitute or imply
Corps’ or EPA’s approval of open water
disposal of dredged material from any
specific project. Before disposal of
dredged material at any site may
commence, Essential Fish Habitat and
Endangered Species Act consultations
must be completed, and EPA and the
Corps must evaluate the proposal and
authorize disposal according to the
ocean dumping regulatory criteria (40
CFR part 227). All projects proposed for
disposal at the ODMDS will be subject
to review and comment by the relevant
resource agencies and the public to
ensure that any concerns regarding
potential impacts associated with
transport of material from the project
area to the ODMDS are addressed before
they are authorized for disposal. All
transport and disposal activities must
adhere to the strict provisions and
restrictions laid out for each site in its
Site Monitoring and Management Plan,
which include specific monitoring and
management requirements to avoid
impacts to sensitive habitats. Finally,
EPA has the right to disapprove the
actual disposal, if it determines that
E:\FR\FM\22MYR1.SGM
22MYR1
29538
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations
environmental requirements under the
MPRSA (including required Essential
Fish Habitat and Endangered Species
Act consultations) have not been met.
Enabling management of the
additional dredged materials at
monitored designated sites restricts
impacts to those areas and minimizes
the potential for using other near shore
discharge strategies with potentially
greater impacts to the marine
environment. As such, this rulemaking
would afford additional protection of
aquatic organisms at individual,
population, community, or ecosystem
levels of ecological structures and
sensitive marine habitats will not be
adversely impacted by activities
allowed by this rulemaking.
tkelley on DSK3SPTVN1PROD with RULES
II. Final Action
The EPA hereby modifies the
designations of Arecibo Harbor PR
Ocean Disposal Site, Mayaguez Harbor
PR Ocean Disposal Site, Ponce Harbor
PR Ocean Disposal Site, San Juan
Harbor PR Ocean Disposal Site and
Yabucoa Harbor PR Ocean Disposal Site
by removing the geographic restrictions
on the origin of dredged material that
can be managed at each site. This
modification is made pursuant to
MPRSA section 102(c). These ocean
disposal sites are located in ocean
waters off Puerto Rico outside the
harbors corresponding to their names.
III. Regulatory Reviews
Details of the regulatory requirements
of this rule are in EPA’s October 14,
2014, proposed rule, 79 FR 61591. To
summarize, this final rule complies as
follows:
—It complies with the National
Environmental Policy Act of 1969 (42
U.S.C. 4332) under the doctrine of
functional equivalency; the EPA has
relied on information from the final
Environmental Impact Statement in
its consideration and application of
ocean dumping criteria to
modification of the designations of
the San Juan Harbor, PR Ponce
Harbor, PR, Yabucoa Harbor, PR,
Mayaguez Harbor, PR and Arecibo
Harbor, PR dredged material sites;
—It complies with the Endangered
Species Act (16 U.S.C. 1536(a)(2),
regarding consultations with the U.S.
Fish and Wildlife Service and
National Marine Fisheries Service in
that modification of the designations
of the ocean disposal sites is not
expected to adversely affect any
threatened or endangered species or
their critical habitat;
—It complies with the MagnusonStevens Fishery Conservation and
Management Act of 1996 regarding
VerDate Sep<11>2014
16:56 May 21, 2015
Jkt 235001
consultation with the National Marine
Fisheries Service in that modification
of the designations of the ocean
disposal sites is not expected to have
significant impacts to marine fishery
resources; and
—It complies with the Coastal Zone
Management Act, regarding federal
activities that affect a state’s coastal
zone in that the Corps will submit
Coastal Zone Consistency
determinations to the Commonwealth
of Puerto Rico for individual projects
proposing to dispose at the sites.
IV. Statutory and Executive Order
Reviews
Details of the applicability of
executive orders and statutory
provisions to this rule are in EPA’s
October 14, 2014, proposed rule, 79 FR
61591. To summarize, this final rule
complies with applicable executive
orders and statutory provisions as
follows:
—It is not a ‘‘significant regulatory
action’’ subject to Office of
Management and Budget (OMB)
review under Executive Order 12866
(58 FR 51735, October 4, 1993);
—It does not impose an information
collection burden under the
provisions of the Paperwork
Reduction Act 44 U.S.C. 3501 et seq;
—It is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601);
—It does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform
Act of 1995 (Public Law 104–4);
—It does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
—It is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
—It has no Tribal implications, as
specified in Executive Order 13175
(65 FR 67249, November 9, 2000);
—It is not an economically significant
regulatory action subject to Executive
Order 12866 (62 FR 19885, April 23,
1997), and does not present a
disproportionate risk to children;
—It is not a significant regulatory action
under Executive Order 12866 and so
is not subject to Executive Order
13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’
(66 FR 28355 (May 22, 2001) ;
—It is not subject to requirements of
Section 12(d) of the National
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Technology Transfer and
Advancement Act of 1995 (Pub. L.
104–113, 12(d) (15 U.S.C. 272 note) as
it does not involve technical
standards;
—It will not have a disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations subject to
Executive Order 12898 (59 FR 7629);
— EPA has written this rulemaking in
plain language to be consistent with
the Plain Language Directive of
Executive Order 12866; and
— It will provide additional protection
of aquatic organisms and therefore
advances the objective of Executive
Order 13158 (65 FR 34909, May 31,
2000) to protect marine areas.
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register.
List of Subjects in 40 CFR Part 228
Environmental protection, Water
pollution control.
Authority: 33 U.S.C. 1412 and 1418.
Dated: April 20, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
In consideration of the foregoing, EPA
hereby amends part 228, chapter I of
title 40 of the Code of Federal
Regulations as follows:
PART 228—CRITERIA FOR THE
MANAGEMENT OF DISPOSAL SITES
FOR OCEAN DUMPING
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 (d)(10)(vi),
(d)(11)(vi), (d)(12)(vi), (d)(13)(vi), and
(d)(14)(vi) to read as follows:
■
§ 228.15 Dumping sites designated on a
final basis.
*
*
*
*
*
(d) * * *
(10) * * *
(vi) Restriction: Disposal shall be
limited to dredged material.
E:\FR\FM\22MYR1.SGM
22MYR1
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations
(11) * * *
(vi) Restriction: Disposal shall be
limited to dredged material.
(12) * * *
(vi) Restriction: Disposal shall be
limited to dredged material.
(13) * * *
(vi) Restriction: Disposal shall be
limited to dredged material.
(14) * * *
(vi) Restriction: Disposal shall be
limited to dredged material.
*
*
*
*
*
[FR Doc. 2015–12335 Filed 5–21–15; 8:45 am]
BILLING CODE 6560–50–P
GULF COAST ECOSYSTEM
RESTORATION COUNCIL
40 CFR Part 1850
[Docket Number: 105002015–1111–05]
Procedures for Disclosure of Records
Under the Freedom of Information Act
and Privacy Act
Gulf Coast Ecosystem
Restoration Council.
ACTION: Final rule.
AGENCY:
This rule sets forth the Gulf
Coast Ecosystem Restoration Council’s
(Council) regulations regarding the
Freedom of Information Act (FOIA),
Privacy Act (PA), and declassification
and public availability of national
security information. The FOIA and PA
require each agency to promulgate
regulations implementing the provisions
of those laws and this Final Rule fulfills
that mandate, facilitating public access
to Council records.
DATES: This rule becomes effective on
June 22, 2015.
ADDRESSES: The Council posted all
comments on the proposed FOIA and
PA regulations on its Web site, https://
www.restorethegulf.gov/, without
change, including any business or
personal information provided, such as
names, addresses, email addresses, or
telephone numbers. All comments
received are part of the public record
and subject to public disclosure.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Roberson at 202–482–1315.
SUPPLEMENTARY INFORMATION:
SUMMARY:
tkelley on DSK3SPTVN1PROD with RULES
I. Background
The RESTORE Act, Public Law 112–
141 (July 6, 2012), codified at 33 U.S.C.
1321(t) and note, makes funds available
for the restoration and protection of the
Gulf Coast Region through a new trust
fund in the Treasury of the United
States, known as the Gulf Coast
Restoration Trust Fund (Trust Fund).
VerDate Sep<11>2014
17:08 May 21, 2015
Jkt 235001
The Trust Fund will contain 80 percent
of the administrative and civil penalties
paid by the responsible parties after July
6, 2012, under the Federal Water
Pollution Control Act in connection
with the Deepwater Horizon oil spill.
These funds will be invested and made
available through five components of
the RESTORE Act.
Two of the five components, the
Comprehensive Plan and Spill Impact
Components, are administered by the
Council, an independent federal entity
created by the RESTORE Act. Under the
Comprehensive Plan Component (33
U.S.C. 1321(t)(2)), 30 percent of funds in
the Trust Fund (plus interest) are
available to develop a Comprehensive
Plan to restore the ecosystem and the
economy of the Gulf Coast Region.
Under the Spill Impact Component (33
U.S.C. 1321(t)(3)), 30 percent of funds in
the Trust Fund will be disbursed to the
five Gulf Coast States (Alabama, Florida,
Louisiana, Mississippi, and Texas) or
their administrative agents based on an
allocation formula established by the
Council by regulation based on criteria
in the RESTORE Act.
II. Public Comments and Summary of
Changes to Final Rule
On February 9, 2015, the Council
proposed a draft rule implementing its
obligations to make records available
under the Freedom of Information Act
(FOIA) and Privacy Act (PA). 80 FR
6934. The FOIA regulations govern
third-party requests for information
controlled by the Council. The PA
regulations govern first-party requests
for his or her own information. The
Council provided a public comment
period of 30 days and received
comments from four separate
commenters, three citizens and one
Federal agency. The recommendations
contained in the four comments are
summarized below section by section,
along with the Council’s responses to
the recommendations. The Council also
posted all comments on its Web site,
https://www.restorethegulf.gov/, without
change, including any business or
personal information provided, such as
names, addresses, email addresses, or
telephone numbers. All comments
received are part of the public record
and subject to public disclosure.
Section-by-Section Analysis
Section 1850.1
Purpose and Scope
The agency commenter suggested that
the Council include language clarifying
the intersection of FOIA and the PA.
The Council accepts this comment and
the suggested language can be found in
the last paragraph of section 1850.1.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
29539
Section 1850.2 Definitions
The agency commenter suggested
adding three new definitions: FOIA
public liaison, requester category, and
fee waiver. The Council accepts this
comment and the definitions can be
found at new paragraphs 1850.2(i), (j),
and (s).
Section 1850.4 Public Reading Room
One commenter asked whether
documents will be placed online for the
public to access without request. The
Council is committed to making
documents of interest to the public
available online in its public reading
room on its Web site, https://
www.restorethegulf.gov. This
commitment is documented in section
1850.4 of these regulations. No change
was made to the regulations in response
to this comment.
Section 1850.5 Requirements for
Making Requests
The agency commenter suggested that
the Council’s wording of paragraph
1850.5(b) where the Council describes
its process for contacting a requester to
narrow the scope of a request has a
negative connotation. The agency
commenter suggested alternative text
that the Council has incorporated into
paragraph 1850.5(b).
The agency commenter also suggested
adding two paragraphs to the end of
section 1850.5 to help explain the
interaction of the Council’s FOIA and
PA regulations and the effect on a
request for Council records pertaining to
another individual of submitting proof
of death or a notarized authorization to
access records by that individual. The
Council accepts this comment and the
paragraphs can be found at new
paragraphs 1850.5(e) and (f).
Section 1850.6 Responding to Records
The agency commenter suggested
consistency edits to paragraph 1850.6(a)
to keep the terminology of simple and
complex track processing consistent.
The Council accepts this comment and
the revised language can be found in
paragraph 1850.6(a).
The agency commenter recommended
that the Council modify paragraph
1850.6(c)(1) to include a requirement
that the Council Records Management
Officer provide the requester with a
unique tracking number, an estimated
date of completion (once the request is
perfected) and a fee estimate (when
applicable). The agency commenter also
suggested that the Council include in its
acknowledgment to the requester a brief
description of the subject of the request
to aid both the requester and the
Council in keeping track of multiple
E:\FR\FM\22MYR1.SGM
22MYR1
]]>Agencies
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Rules and Regulations]
[Pages 29537-29539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12335]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R2-OW-2014-0587; FRL-9928-04-Region 2]
Modification of the Designations of the Caribbean Ocean Dredged
Material Disposal Sites
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Through this rulemaking, the U.S. Environmental Protection
Agency (EPA) is modifying the designations for the five Ocean Dredged
Material Disposal Sites (ODMDS) around Puerto Rico (San Juan Harbor, PR
ODMDS; Yabucoa Harbor, PR ODMDS; Ponce Harbor, PR ODMDS; Mayaguez
Harbor, PR ODMDS; Arecibo Harbor, PR ODMDS). Currently, each of the
ODMDS is restricted to only allow disposal of dredged material from the
specific harbor for which it is named. This modification removes the
restriction that limits eligibility for disposal at each of the
disposal sites based solely on the geographic origin of the dredged
material. The modifications to the site designations do not actually
authorize the disposal of any particular dredged material at any site.
All proposals to dispose of dredged material at any of the designated
sites will continue to be subject to project-specific reviews and must
still be demonstrated to satisfy the criteria for ocean dumping before
any material is authorized for disposal. This rulemaking was taken to
provide long-term flexibility for management of any dredged material
that may potentially be derived from maintenance, development, or
emergency activities in areas outside those harbors provided for in the
original designations. The modifications to the site designations are
for an indefinite period of time. Each ODMDS will continue to be
monitored to ensure that significant unacceptable, adverse
environmental impacts do not occur as a result of dredged material
disposal at the site.
DATES: This final rule is effective on June 22, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OW-2014-0587. All documents in the docket are listed on the
https://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy by appointment at the Dredging,
Sediment and Oceans Section (CWD), U.S. Environmental Protection
Agency, Region 2, 290 Broadway, New York, NY 10007. This Docket
Facility is open from 8:30 a.m. and 4:30 p.m., Monday through Friday,
excluding legal holidays. The Docket telephone number is 212-637-3799.
FOR FURTHER INFORMATION CONTACT: Mark Reiss, Clean Water Division
Region 2 (24th Floor), Environmental Protection Agency, 290 Broadway
New York, NY 10007; telephone number: 212-637-3799; fax number: 212-
637-3891; email address: reiss.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Regulatory Reviews
IV. Statutory and Executive Order Reviews
I. 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.
These modifications are being made pursuant to that authority. EPA is
conducting this rulemaking to remove the geographic restrictions on the
origin of the dredged material that can be disposed from the
designations of the San Juan Harbor, PR Ponce Harbor, PR, Yabucoa
Harbor, PR, Mayaguez Harbor, PR and Arecibo Harbor, PR ODMDSs.
The site modifications in this action provide the Corps,
Commonwealth of Puerto Rico, municipal, and private entities with
greater long term flexibility in managing dredged materials outside the
specific harbors provided for in the original designations.
The background for today's action is discussed in detail in EPA's
October 14, 2014, proposal (79 FR 61591). The EPA received two comments
on the proposed rule that supported the rulemaking. One of the letters
raised some general concerns about the need to ensure that sensitive
marine habitats are not adversely impacted by activities allowed by
this rulemaking.
Modification of the designation of ocean disposal sites under 40
CFR part 228 is essentially a preliminary, planning measure. The
practical effect of such a designation is only to require that if
future ocean disposal activity is permitted and/or authorized (in the
case of Corps projects) under 40 CFR part 227, then such disposal
should normally be consolidated at the designated sites (see 33 U.S.C.
1413(b).) Modification of the designation of an ocean disposal site
does not authorize any actual disposal and does not preclude EPA or the
Corps from finding available and environmentally preferable alternative
means of managing dredged materials, or from finding that certain
dredged material is not suitable for ocean disposal under the
applicable regulatory criteria.
This modification provides flexibility for management of dredged
material from areas outside the harbors provided for in the original
designations. However, it should be emphasized that modification of the
designations of the ODMDS does not constitute or imply Corps' or EPA's
approval of open water disposal of dredged material from any specific
project. Before disposal of dredged material at any site may commence,
Essential Fish Habitat and Endangered Species Act consultations must be
completed, and EPA and the Corps must evaluate the proposal and
authorize disposal according to the ocean dumping regulatory criteria
(40 CFR part 227). All projects proposed for disposal at the ODMDS will
be subject to review and comment by the relevant resource agencies and
the public to ensure that any concerns regarding potential impacts
associated with transport of material from the project area to the
ODMDS are addressed before they are authorized for disposal. All
transport and disposal activities must adhere to the strict provisions
and restrictions laid out for each site in its Site Monitoring and
Management Plan, which include specific monitoring and management
requirements to avoid impacts to sensitive habitats. Finally, EPA has
the right to disapprove the actual disposal, if it determines that
[[Page 29538]]
environmental requirements under the MPRSA (including required
Essential Fish Habitat and Endangered Species Act consultations) have
not been met.
Enabling management of the additional dredged materials at
monitored designated sites restricts impacts to those areas and
minimizes the potential for using other near shore discharge strategies
with potentially greater impacts to the marine environment. As such,
this rulemaking would afford additional protection of aquatic organisms
at individual, population, community, or ecosystem levels of ecological
structures and sensitive marine habitats will not be adversely impacted
by activities allowed by this rulemaking.
II. Final Action
The EPA hereby modifies the designations of Arecibo Harbor PR Ocean
Disposal Site, Mayaguez Harbor PR Ocean Disposal Site, Ponce Harbor PR
Ocean Disposal Site, San Juan Harbor PR Ocean Disposal Site and Yabucoa
Harbor PR Ocean Disposal Site by removing the geographic restrictions
on the origin of dredged material that can be managed at each site.
This modification is made pursuant to MPRSA section 102(c). These ocean
disposal sites are located in ocean waters off Puerto Rico outside the
harbors corresponding to their names.
III. Regulatory Reviews
Details of the regulatory requirements of this rule are in EPA's
October 14, 2014, proposed rule, 79 FR 61591. To summarize, this final
rule complies as follows:
--It complies with the National Environmental Policy Act of 1969 (42
U.S.C. 4332) under the doctrine of functional equivalency; the EPA has
relied on information from the final Environmental Impact Statement in
its consideration and application of ocean dumping criteria to
modification of the designations of the San Juan Harbor, PR Ponce
Harbor, PR, Yabucoa Harbor, PR, Mayaguez Harbor, PR and Arecibo Harbor,
PR dredged material sites;
--It complies with the Endangered Species Act (16 U.S.C. 1536(a)(2),
regarding consultations with the U.S. Fish and Wildlife Service and
National Marine Fisheries Service in that modification of the
designations of the ocean disposal sites is not expected to adversely
affect any threatened or endangered species or their critical habitat;
--It complies with the Magnuson-Stevens Fishery Conservation and
Management Act of 1996 regarding consultation with the National Marine
Fisheries Service in that modification of the designations of the ocean
disposal sites is not expected to have significant impacts to marine
fishery resources; and
--It complies with the Coastal Zone Management Act, regarding federal
activities that affect a state's coastal zone in that the Corps will
submit Coastal Zone Consistency determinations to the Commonwealth of
Puerto Rico for individual projects proposing to dispose at the sites.
IV. Statutory and Executive Order Reviews
Details of the applicability of executive orders and statutory
provisions to this rule are in EPA's October 14, 2014, proposed rule,
79 FR 61591. To summarize, this final rule complies with applicable
executive orders and statutory provisions as follows:
--It is not a ``significant regulatory action'' subject to Office of
Management and Budget (OMB) review under Executive Order 12866 (58 FR
51735, October 4, 1993);
--It does not impose an information collection burden under the
provisions of the Paperwork Reduction Act 44 U.S.C. 3501 et seq;
--It is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601);
--It does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);
--It does not have Federalism implications as specified in Executive
Order 13132 (64 FR 43255, August 10, 1999);
--It is not an economically significant regulatory action based on
health or safety risks subject to Executive Order 13045 (62 FR 19885,
April 23, 1997);
--It has no Tribal implications, as specified in Executive Order 13175
(65 FR 67249, November 9, 2000);
--It is not an economically significant regulatory action subject to
Executive Order 12866 (62 FR 19885, April 23, 1997), and does not
present a disproportionate risk to children;
--It is not a significant regulatory action under Executive Order 12866
and so is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001) ;
--It is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113, 12(d)
(15 U.S.C. 272 note) as it does not involve technical standards;
--It will not have a disproportionately high and adverse human health
or environmental effects on minority or low-income populations subject
to Executive Order 12898 (59 FR 7629);
-- EPA has written this rulemaking in plain language to be consistent
with the Plain Language Directive of Executive Order 12866; and
-- It will provide additional protection of aquatic organisms and
therefore advances the objective of Executive Order 13158 (65 FR 34909,
May 31, 2000) to protect marine areas.
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Authority: 33 U.S.C. 1412 and 1418.
Dated: April 20, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
In consideration of the foregoing, EPA hereby amends part 228,
chapter I of title 40 of the Code of Federal Regulations as follows:
PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING
0
1. The authority citation for part 228 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
2. Section 228.15 is amended by revising paragraphs (d)(10)(vi),
(d)(11)(vi), (d)(12)(vi), (d)(13)(vi), and (d)(14)(vi) to read as
follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(d) * * *
(10) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
[[Page 29539]]
(11) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
(12) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
(13) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
(14) * * *
(vi) Restriction: Disposal shall be limited to dredged material.
* * * * *
[FR Doc. 2015-12335 Filed 5-21-15; 8:45 am]
BILLING CODE 6560-50-P
