Repeal of Obsolete Regulations Under the Marine Protection, Research, and Sanctuaries Act Regarding Interim Ocean Dumping Sites, Interim Ocean Dumping Permits, and Interim Ocean Dumping Criteria, 74983-74987 [E8-28842]

Download as PDF Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Rules and Regulations Commodity * 74983 Parts per million * * * * Sugarcane, cane 0.50 Tomato 1.0 * * * * * * * * * * I. Overview * * * * * Amendments enacted in 1992 to the Marine Protection, Research, and Sanctuaries Act (MPRSA) require that no permits for ocean dumping shall be issued for an EPA-established ocean dumping site after January 1, 1997, unless the site has received a final designation; therefore, interim ocean dumping sites that have not received a final designation are no longer available for use. Under EPA regulations, the authority to issue interim ocean dumping permits expired on April 23, 1978, and interim permits are no longer issued. Under EPA regulations, interim criteria for constituents prohibited as other than trace contaminants in material proposed for ocean dumping, as well as interim guidance used to determine the limiting permissible concentration for the suspended particulate and solid phases of the material proposed to be dumped, were applicable only until EPA announced the availability of acceptable procedures to evaluate materials for ocean dumping. On April 4, 1991, EPA and the U.S. Army Corps of Engineers announced the availability of a testing manual for dredged material entitled ‘‘Evaluation of Dredged Material Proposed for Ocean Disposal—Testing Manual,’’ which revised the 1977 EPA/ U.S. Army Corps of Engineers document, ‘‘Ecological Evaluation of Proposed Discharge of Dredged Material into Ocean Waters.’’ In addition, EPA published ‘‘Bioassay Procedures for the Ocean Disposal Permit Program,’’ which outlines acceptable procedures for nondredged material. [FR Doc. E8–29117 Filed 12–9–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 220, 221, 222, 223, 224, 227, and 228 [FRL–8748–4] RIN 2040–AF01 Repeal of Obsolete Regulations Under the Marine Protection, Research, and Sanctuaries Act Regarding Interim Ocean Dumping Sites, Interim Ocean Dumping Permits, and Interim Ocean Dumping Criteria AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is taking final action to repeal expired, and therefore, obsolete regulatory provisions regarding interim ocean dumping sites, interim ocean dumping permits, and interim ocean dumping criteria. Repeal of all reference to ‘‘interim’’ provisions is necessary based on legislation enacted since promulgation of the reference, EPA action since promulgation of the reference, or the passage of a date specified in a definition of the reference. This action does not make any substantive changes to EPA’s ocean dumping regulations. This is a housekeeping measure intended only to eliminate confusion by repealing obsolete regulatory text. dwashington3 on PROD1PC60 with RULES DATES: This rule is effective on January 9, 2009. FOR FURTHER INFORMATION CONTACT: David Redford, Oceans and Coastal Protection Division, Office of Wetlands, Oceans, and Watersheds, 4504T, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202–566– 1288; fax number: 202–566–1546; e-mail address: redford.david@epa.gov. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 14:03 Dec 09, 2008 Jkt 217001 II. Background A. Potentially Affected Entities Generally, ocean dumping sites and permits are used by persons, organizations, or government bodies seeking to dispose of dredged material or other material in ocean waters. However, there are no regulated entities potentially affected by this action, because all of the regulatory provisions being repealed have expired, and therefore, have become obsolete (see Section III below). Nothing in this action alters the jurisdiction or authority of EPA or the entities regulated under PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 the Marine Protection, Research, and Sanctuaries Act. B. Marine Protection, Research, and Sanctuaries Act The Marine Protection, Research, and Sanctuaries Act of 1972, as amended, also known as the Ocean Dumping Act, regulates the transportation and dumping of material into ocean waters. Under the MPRSA, no permit may be issued for ocean dumping where such dumping will unreasonably degrade or endanger human health or the marine environment. Most material ocean dumped today is dredged material (i.e., sediments) removed from the bottom of water bodies to maintain navigation channels and berthing areas. Other materials that are currently disposed of in the ocean include fish wastes, human remains, and vessels. Ocean dumping cannot occur except pursuant to a permit under the MPRSA and its implementing regulations. The U.S. Army Corps of Engineers (USACE) issues permits for dumping dredged material in the ocean, using EPA’s environmental criteria and subject to EPA’s concurrence. For all other materials, EPA is the permitting agency. EPA also is responsible for designating recommended ocean dumping sites for all types of materials, including dredged material. EPA’s ocean dumping regulations at 40 CFR Part 228 establish procedures for the designation and management of ocean disposal sites and list the available EPA-designated ocean dumping sites by EPA Region (40 CFR 228.15). C. Interim Ocean Dumping Sites, Permits, Criteria, and Guidance When EPA originally promulgated the ocean dumping regulations in the 1970’s, the Agency made provisions for interim ocean dumping sites, interim ocean dumping permits, and interim ocean dumping criteria. These interim provisions were designed to be temporary measures that would expire under certain conditions, primarily when final sites were designated and criteria were established. As described in Section III below, all provisions related to interim ocean dumping sites, interim permits, interim criteria, and interim guidance have expired and are therefore obsolete. E:\FR\FM\10DER1.SGM 10DER1 74984 Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Rules and Regulations III. This Final Rule This final rule repeals expired and therefore obsolete regulatory references to interim ocean dumping sites, interim ocean dumping permits, interim ocean dumping criteria, and interim guidance. This rule does not make any substantive changes to EPA’s ocean dumping regulations. This is a housekeeping measure intended only to eliminate confusion by repealing obsolete regulatory text. dwashington3 on PROD1PC60 with RULES A. Interim Ocean Dumping Sites After the enactment of the MPRSA in 1972, EPA designated interim ocean dumping sites prior to the completion of environmental studies on the basis of historical uses. These ‘‘interim’’ designations were intended to facilitate a smooth transition to regulation under the MPRSA and to allow time for the necessary environmental studies to be completed. Once the necessary environmental studies were performed, many of the interim sites were designated by EPA as final designated sites if the sites met the MPRSA regulatory environmental criteria. Although EPA published the interim sites list when the Agency proposed the ocean dumping criteria in 1973, EPA did not publish the interim sites list in a separate regulation until 1977. In 1994, EPA codified the interim site list at 40 CFR 228.14. Initially, the 1977 regulations stated ‘‘the list of interim sites will remain in force for a period not to exceed three years from the date of promulgation of this Part 228, except for those sites approved for continuing use or disapproved for use by promulgation in this Part.’’ After a series of extensions to the expiration requirements for interim site designations, Congress amended the MPRSA in 1992 to require that no permits for ocean dumping shall be issued for an ocean dumping site after January 1, 1997, unless the site had received a final designation (section 506 of the Water Resources Development Act of 1992; codified at 33 U.S.C. 1412(c)(4)). In other words, ocean dumping permits could no longer be issued for interim dumping sites after January 1, 1997. Today’s action repeals the list of interim ocean dumping sites found at 40 CFR 228.14, as well as the regulatory references to interim ocean dumping sites found at 40 CFR 228.2(a), 228.3(b), 228.4(b), and 228.5(c). The 1992 MPRSA amendments that abolished interim ocean dumping sites, as well as subsequent amendments to the MPRSA, expressly retained the authority of EPA and the U.S. Army Corps of Engineers to issue permits for VerDate Aug<31>2005 14:03 Dec 09, 2008 Jkt 217001 use of a specific interim dredged material ocean dumping site near Newport Beach, California (known as ‘‘LA–3’’) beyond the 1997 deadline pending final site designation. Because EPA promulgated a final site designation for the LA–3 site (70 FR 53729), the interim site designation for LA–3 is unnecessary and has become moot. Today, EPA repeals the interim site designation for LA–3 along with the other interim site designations. Today’s action does not prevent the U.S. Army Corps of Engineers, however, from using any site as an ‘‘alternative site’’ for the disposal of dredged material subject to the provisions of MPRSA section 103(b) even if that alternative site also had been designated previously as an interim site. Similarly, today’s action does not preclude the use of any site designed for use at 40 CFR 227.15, even if that site had also been designated as an interim site previously. B. Interim Ocean Dumping Permits In 1977, EPA promulgated regulations establishing five types of ocean dumping permits: Special, general, interim, research, and emergency (42 FR 2468; 40 CFR 220.3). Under these regulations, interim permits could be issued prior to April 23, 1978, for the dumping of materials that did not comply with the environmental impact criteria published at 40 CFR part 227, subpart B, or that would have caused substantial adverse effects as determined in accordance with the criteria published at 40 CFR part 227, subparts D or E, or for which an ocean disposal site had not been designated on other than an interim basis (40 CFR 220.3(d)). EPA Regional Administrators had the discretion to exempt existing site users from the April 23, 1978, interim permit issuance deadline. The 1977 regulations also included an implementation schedule to allow phasing out of interim ocean dumping permits or compliance with all requirements necessary to receive a special permit by December 31, 1981, at the latest. Consequently, under certain circumstances, the Regional Administrators could only extend the deadline to December 31, 1981. Interim permits were required to specify an expiration date no later than one year from issuance. The regulatory provisions regarding interim permits are expired and therefore obsolete. The authority to issue interim permits lapsed over 30 years ago. Any interim permit issued has long since expired. This action repeals the obsolete regulatory provisions regarding interim ocean dumping permits found in the 40 CFR PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 parts 220, 221, 222, 223, 224, 227 (especially subpart F), and 228. C. Interim Ocean Dumping Criteria and Interim Guidance on Test Procedures EPA promulgated ‘‘interim criteria’’ for constituents prohibited as other than trace contaminants in material proposed for ocean dumping (40 CFR 227.6(e)) in 1977. At that time, EPA and the Army Corps of Engineers had not yet completed the development of acceptable bioassay procedures to determine if material proposed for ocean dumping would cause unacceptable toxicity or bioaccumulation under 40 CFR 227.6(c)(2) and (3). The interim criteria allowed the use of numerical constituent levels for suspended particulate and solid phases of the material proposed for dumping until EPA announced the availability of acceptable bioassay procedures to implement the criteria found at 40 CFR 227.6(c)(2) and (3). The regulations contain another ‘‘interim’’ reference relevant to the bioassay test procedures. A footnote to the regulation at 40 CFR 227.27(b) explains that EPA and the Army Corps of Engineers would develop an implementation manual regarding the use of bioassays to determine the limiting permissible concentration for the suspended particulate and solid phases of the material proposed to be dumped, and that announcement of the availability of the manual would be published in the Federal Register. The footnote explained how to obtain ‘‘interim guidance’’ on appropriate procedures until the manual was available. EPA is deleting the footnote because the manual has since been made available in the Federal Register. 56 FR 13826. That document, entitled ‘‘Evaluation of Dredged Material Proposed for Ocean Disposal—Testing Manual,’’ revised the interim guidance (published in 1977) called ‘‘Ecological Evaluation of Proposed Discharge of Dredged Material into Ocean Waters.’’ In addition to the jointly developed implementation manual relevant to the testing of dredged material, EPA also has developed a guidance manual for the testing of non-dredged material called ‘‘Bioassay Procedures for the Ocean Disposal Permit Program.’’ In publishing a 1980 final rule promulgating guidelines under the Clean Water Act section 403(c) (45 FR 65942), EPA explained that this guidance document was to be used to demonstrate that a discharge would not exceed the limiting permissible concentration for non-dredged material. EPA noted the availability of this E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Rules and Regulations document again in 1996, in a proposed rule that clarified certain provisions of the Agency’s ocean dumping regulations relating to requirements for bioassay testing. 61 FR 7765, 7767. Because EPA has previously announced the availability of acceptable procedures to implement the criteria found at 40 CFR 227.6(c)(2) and (3), today’s action repeals the obsolete regulatory provisions regarding interim ocean dumping criteria found in 40 CFR 227.6(e). For the same reason, the footnote to 40 CFR 227.27(b) and its reference to ‘‘interim guidance’’ have become obsolete and EPA is removing the footnote today. EPA is also removing the final clause of § 227.27(d) because the reference to ‘‘interim guidance’’ is no longer necessary. dwashington3 on PROD1PC60 with RULES IV. Statutory and Executive Order Reviews A. Administrative Procedure Act Under the Administrative Procedure Act (APA), agencies generally are required to publish a notice of proposed rulemaking and provide an opportunity for the public to comment on any substantive rulemaking action. Prior notice and comment is not required, however, when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). EPA has determined that providing prior notice and opportunity for comment on the repeal of obsolete regulatory provisions from the Code of Federal Regulations regarding interim ocean dumping sites, interim ocean dumping permits, interim ocean dumping criteria, and interim guidance is unnecessary. The interim authority by which interim sites could be used expired in January 1997 according to Section 506 of the Water Resources Development Act of 1992, which rendered the regulatory references obsolete. The authority to issue interim permits and the authority for existing dumpers to use interim permits, lapsed over thirty years ago. The interim criteria became obsolete after EPA announced the availability of implementation manuals for the final criteria. The interim guidance identified in the footnote became obsolete for the same reason. Thus, withdrawing the regulatory references to interim sites, interim permits, interim criteria, and interim guidance from the Code of Federal Regulations has no legal impact and merely codifies the current legal status quo. VerDate Aug<31>2005 14:03 Dec 09, 2008 Jkt 217001 B. Paperwork Reduction Act This final rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b). This is because it merely conforms the published regulatory text with current legal requirements, as explained above. It does not establish or modify any information reporting, or recordkeeping requirements, and therefore is not subject to the requirements of the Paperwork Reduction Act. C. Other Statutes and Executive Orders This rule does not establish any new requirements, mandates, or procedures. As explained above, this final action merely repeals obsolete regulations regarding interim ocean dumping sites, interim ocean dumping permits, interim ocean dumping criteria, and interim guidance. This rule is a housekeeping measure to remove these obsolete provisions from the Code of Federal Regulations. The rule does not result in any additional or new regulatory requirements. Accordingly, it has been determined that this rule is not a ‘‘significant regulatory action’’ under Executive Order 12866, and therefore is not subject to review by the Office of Management and Budget. In addition, this action does not impose any enforceable duty, contain any unfunded mandate, or impose any significant or unique impact on small governments as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not impose any federalism requirements or require prior consultation with tribal government officials as specified by Executive Order 13132 (64 FR 43255) or Executive Order 13175 (65 FR 67249). This rule does not involve special consideration of environmental justice-related issues as required by Executive Order 12898 (59 FR 7629). This rule is not subject to Executive Order 13211 (66 FR 28355) because it is not a significant regulatory action under Executive Order 12866. Because this action is not subject to notice-and-comment requirements under the APA or any other statute, and because it does not impose any new requirements on small entities, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) This rule is not subject to Executive Order 13045 (62 FR 19885) because it is not economically significant as defined under Executive Order 12866. Because this rule does not involve technical standards, EPA did not consider the use of any voluntary consensus standards. Therefore, this PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 74985 rule is not subject to section 12(d) of the National Technology Transfer and Advancement Act of 1995, Public Law 104–113, section 12(d) (15 U.S.C. 272 note). Further, this rule is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. The Congressional Review Act (CRA), 5 U.S.C. 801 et seq. as added 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons stated, and established an effective date of January 9, 2009. Therefore, EPA will submit a report containing this rule 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 this rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects 40 CFR Part 220 Environmental protection, Water pollution control. 40 CFR Parts 221, 222, and 223 Administrative practice and procedure, Environmental protection, Water pollution control. 40 CFR Part 224 Environmental protection, Reporting and recordkeeping requirements, Water pollution control. 40 CFR Part 227 Environmental protection, Environmental impact statements, Water pollution control. 40 CFR Part 228 Environmental protection, Water pollution control. E:\FR\FM\10DER1.SGM 10DER1 74986 Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Rules and Regulations Dated: November 26, 2008. Benjamin H. Grumbles, Assistant Administrator for Water. ■ In consideration of the foregoing, Subchapter H of chapter I of title 40 is amended as follows: ■ 4. The authority citation for part 221 continues to read as follows: ■ Authority: 33 U.S.C. 1412 and 1418. 5. Amend § 221.1 by revising the introductory text to read as follows: 1. The authority citation for part 220 continues to read as follows: ■ Authority: 33 U.S.C. 1412 and 1418. 2. Amend § 220.3 as follows: a. By revising the introductory text. b. By removing and reserving paragraph (d). ■ c. By revising paragraph (f). ■ ■ ■ Categories of permits. This § 220.3 provides for the issuance of general, special, emergency, and research permits for ocean dumping under section 102 of the Act. * * * * * (f) Permits for incineration at sea. Permits for incineration of wastes at sea will be issued only as research permits until specific criteria to regulate this type of disposal are promulgated, except in those cases where studies on the waste, the incineration method and vessel, and the site have been conducted and the site has been designated for incineration at sea in accordance with the procedures of § 228.4(b) of this chapter. In all other respects the requirements of parts 220 through 228 apply. ■ 3. Amend § 220.4 by revising paragraph (a) and paragraph (b) introductory text to read as follows: dwashington3 on PROD1PC60 with RULES § 220.4 Authorities to issue permits. (a) Determination by Administrator. The Administrator, or such other EPA employee as he may from time to time designate in writing, shall issue, deny, modify, revoke, suspend, impose conditions on, initiate and carry out enforcement activities and take any and all other actions necessary or proper and permitted by law with respect to general, special, emergency, or research permits. (b) Authority delegated to Regional Administrators. Regional Administrators, or such other EPA employees as they may from time to time designate in writing, are delegated the authority to issue, deny, modify, revoke, suspend, impose conditions on, initiate and carry out enforcement activities, and take any and all other actions necessary or proper and permitted by law with respect to special permits for: * * * * * VerDate Aug<31>2005 14:03 Dec 09, 2008 Jkt 217001 § 223.1 Contents of special, emergency, general, and research permits; posting requirements. § 221.1 PART 220—[AMENDED] § 220.3 a. By revising the section heading. b. By revising paragraph (a) introductory text. ■ c. By removing and reserving paragraph (c). ■ ■ PART 221—[AMENDED] (a) All special, emergency and research permits shall be displayed on the vessel engaged in dumping and shall include the following: * * * * * ■ 11. Amend § 223.3 by revising paragraph (a) introductory text to read as follows: Applications for permits. Applications for general, special, emergency, and research permits under section 102 of the Act may be filed with the Administrator or the appropriate Regional Administrator, as the case may be, authorized by § 220.4 of this chapter to act on the application. Applications shall be made in writing and shall contain, in addition to any other material which may be required, the following: * * * * * § 223.3 Preliminary determination; notice. Authority: 33 U.S.C. 1412 and 1418. (a) General. Any general, special, emergency, or research permit issued pursuant to section 102 of the Act shall be subject to revision, revocation or limitation, in whole or in part, as the result of a determination by the Administrator or Regional Administrator that: * * * * * 7. Revise § 222.1 to read as follows: PART 224—[AMENDED] PART 222—[AMENDED] 6. The authority citation for part 222 continues to read as follows: ■ ■ § 221.1 General. Decisions as to the issuance, denial, or imposition of conditions on general, special, emergency, and research permits under section 102 of the Act will be made by application of the criteria of parts 227 and 228 of this chapter. Final action on any application for a permit will, to the extent practicable, be taken within 180 days from the date a complete application is filed. ■ 8. Amend § 222.3 by revising paragraphs (a) introductory text and (b)(1) introductory text as follows: § 222.3 Notice of applications. (a) Contents. Notice of every complete application for a general, special, emergency and research permit shall, in addition to any other material, include the following: * * * * * (b) * * * (1) Special and research permits. Notice of every complete application for special and research permits shall be given by: * * * * * 9. The authority citation for part 223 continues to read as follows: Authority: Secs. 102, 104, 107, 108, Marine Protection Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1412, 1414, 1417, 1418). 10. Amend § 223.1 as follows: Frm 00060 Fmt 4700 Sfmt 4700 13. Amend § 224.1 by revising the introductory text to read as follows: ■ § 224.1 Records of permittees. Each permittee named in a special, emergency or research permit under section 102 of the Act and each person availing himself of the privilege conferred by a general permit, shall maintain complete records of the following information, which will be available for inspection by the Administrator, Regional Administrator, the Commandant of the U.S. Coast Guard, or their respective designees: * * * * * PART 227—[AMENDED] 14. The authority citation for part 227 continues to read as follows: ■ Authority: 33 U.S.C. 1412 and 1418. Subpart A—[Amended] 15. Amend § 227.2 by revising paragraph (b) to read as follows: ■ PO 00000 Authority: 33 U.S.C. 1412 and 1418. ■ PART 223—[AMENDED] ■ 12. The authority citation for part 224 continues to read as follows: ■ § 227.2 Materials which satisfy the environmental impact criteria of subpart B. * * * * * (b) If the material proposed for ocean dumping satisfies the environmental impact criteria set forth in subpart B, but the Administrator or the Regional E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Rules and Regulations Administrator, as the case may be, determines that any one of the considerations set forth in paragraph (a)(1), (2) or (3) of this section applies, he or she, as the case may be, will deny the permit application. * * * * * ■ 16. Revise § 227.3 to read as follows: § 227.3 Materials which do not satisfy the environmental impact criteria set forth in subpart B. If the material proposed for ocean dumping does not satisfy the environmental impact criteria of subpart B of this part, the Administrator or the Regional Administrator, as the case may be, will deny the permit application. Subpart B—[Amended] 17. Amend § 227.6 by revising paragraph (e) to read as follows: ■ § 227.6 Constituents prohibited as other than trace contaminants. * * * * * (e) The criteria stated in paragraphs (c)(2) and (3) of this section are mandatory. The availability of acceptable procedures was announced in the Federal Register in 1991 and 1996. * * * * * Subpart F—[Amended] 18. Amend part 227 by removing and reserving subpart F, consisting of § 227.23 through § 227.26. ■ Subpart G—[Amended] 19. Amend § 227.27 by removing footnote 1 from paragraph (b) and revising paragraph (d) to read as follows: ■ § 227.27 Limiting permissible concentration (LPC). dwashington3 on PROD1PC60 with RULES * * * * * (d) Appropriate sensitive benthic marine organisms means two or more species that together represent filterfeeding, deposit-feeding, and burrowing characteristics. These organisms shall be chosen from among the species that are most sensitive for each type they represent, and that are documented in the scientific literature and accepted by EPA as being reliable test organisms to determine the anticipated impact on the site. PART 228—[AMENDED] 20. The authority citation for part 228 continues to read as follows: ■ Authority: 33 U.S.C. 1412 and 1418. VerDate Aug<31>2005 14:03 Dec 09, 2008 Jkt 217001 21. Amend § 228.2 by revising paragraph (a) to read as follows: ■ § 228.2 Definitions. (a) The term disposal site means a finally approved and precise geographical area within which ocean dumping of wastes is permitted under conditions specified in permits issued under sections 102 and 103 of the Act. Such sites are identified by boundaries established by coordinates of latitude and longitude for each corner, or by coordinates of latitude and longitude for the center point and a radius in nautical miles from that point. Boundary coordinates shall be identified as precisely as is warranted by the accuracy with which the site can be located with existing navigational aids or by the implantation of transponders, buoys or other means of marking the site. * * * * * ■ 22. Amend § 228.3 by revising paragraph (b) to read as follows: § 228.3 Disposal site management responsibilities. * * * * * (b) Each site, upon final designation, will be assigned to either an EPA Regional office or to EPA Headquarters for management. These designations will be consistent with the delegation of authority in § 220.4 of this chapter. The designated management authority is fully responsible for all aspects of the management of sites within the general requirements specified in § 220.4 and this chapter. Specific requirements for meeting the management responsibilities assigned to the designated management authority for each site are outlined in §§ 228.5 and 228.6. ■ 23. Amend § 228.4 by revising paragraph (b) to read as follows: § 228.4 sites. specific locations for temporary use for disposal of small amounts of materials under a special permit only without disposal site designation studies when such materials satisfy the Criteria and the Administrator determines that the quantities to be disposed of at such sites will not result in significant impact on the environment. Such designations will be done by promulgation in this part 228, and will be for a specified period of time and for specified quantities of materials. * * * * * § 228.5 [Amended] 24. Amend § 228.5 by removing and reserving paragraph (c). ■ 25. Revise § 228.8 to read as follows: ■ § 228.8 Limitations on times and rates of disposal. Limitations as to time for and rates of dumping may be stated as part of the promulgation of site designation. The times and the quantities of permitted material disposal will be regulated by the EPA management authority so that the limits for the site as specified in the site designation are not exceeded. This will be accomplished by the denial of permits for the disposal of some materials, by the imposition of appropriate conditions on other permits and, if necessary, the designation of new disposal sites under the procedures of § 228.4. In no case may the total volume of material disposed of at any site under special permits cause the concentration of the total materials or any constituent of any of the materials being disposed of at the site to exceed limits specified in the site designation. ■ 26. Amend part 228 by removing and reserving § 228.14. [FR Doc. E8–28842 Filed 12–9–08; 8:45 am] BILLING CODE 6560–50–P Procedures for designation of * * * * * (b) Special permits. Areas where ocean dumping is permitted subject to the specific conditions of individual special permits, will be designated by promulgation in this part 228, and such designation will be made based on environmental studies of each site, regions adjacent to the site, and on historical knowledge of the impact of waste disposal on areas similar to such sites in physical, chemical, and biological characteristics. All studies for the evaluation and potential selection of dumping sites will be conducted in accordance with the requirements of §§ 228.5 and 228.6. The Administrator may, from time to time, designate PO 00000 74987 Frm 00061 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XM17 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. E:\FR\FM\10DER1.SGM 10DER1

Agencies

[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Rules and Regulations]
[Pages 74983-74987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28842]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 220, 221, 222, 223, 224, 227, and 228

[FRL-8748-4]
RIN 2040-AF01


Repeal of Obsolete Regulations Under the Marine Protection, 
Research, and Sanctuaries Act Regarding Interim Ocean Dumping Sites, 
Interim Ocean Dumping Permits, and Interim Ocean Dumping Criteria

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to repeal expired, and therefore, 
obsolete regulatory provisions regarding interim ocean dumping sites, 
interim ocean dumping permits, and interim ocean dumping criteria. 
Repeal of all reference to ``interim'' provisions is necessary based on 
legislation enacted since promulgation of the reference, EPA action 
since promulgation of the reference, or the passage of a date specified 
in a definition of the reference. This action does not make any 
substantive changes to EPA's ocean dumping regulations. This is a 
housekeeping measure intended only to eliminate confusion by repealing 
obsolete regulatory text.

DATES: This rule is effective on January 9, 2009.

FOR FURTHER INFORMATION CONTACT: David Redford, Oceans and Coastal 
Protection Division, Office of Wetlands, Oceans, and Watersheds, 4504T, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-566-1288; fax number: 202-
566-1546; e-mail address: redford.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Overview

    Amendments enacted in 1992 to the Marine Protection, Research, and 
Sanctuaries Act (MPRSA) require that no permits for ocean dumping shall 
be issued for an EPA-established ocean dumping site after January 1, 
1997, unless the site has received a final designation; therefore, 
interim ocean dumping sites that have not received a final designation 
are no longer available for use. Under EPA regulations, the authority 
to issue interim ocean dumping permits expired on April 23, 1978, and 
interim permits are no longer issued. Under EPA regulations, interim 
criteria for constituents prohibited as other than trace contaminants 
in material proposed for ocean dumping, as well as interim guidance 
used to determine the limiting permissible concentration for the 
suspended particulate and solid phases of the material proposed to be 
dumped, were applicable only until EPA announced the availability of 
acceptable procedures to evaluate materials for ocean dumping. On April 
4, 1991, EPA and the U.S. Army Corps of Engineers announced the 
availability of a testing manual for dredged material entitled 
``Evaluation of Dredged Material Proposed for Ocean Disposal--Testing 
Manual,'' which revised the 1977 EPA/U.S. Army Corps of Engineers 
document, ``Ecological Evaluation of Proposed Discharge of Dredged 
Material into Ocean Waters.'' In addition, EPA published ``Bioassay 
Procedures for the Ocean Disposal Permit Program,'' which outlines 
acceptable procedures for non-dredged material.

II. Background

A. Potentially Affected Entities

    Generally, ocean dumping sites and permits are used by persons, 
organizations, or government bodies seeking to dispose of dredged 
material or other material in ocean waters. However, there are no 
regulated entities potentially affected by this action, because all of 
the regulatory provisions being repealed have expired, and therefore, 
have become obsolete (see Section III below). Nothing in this action 
alters the jurisdiction or authority of EPA or the entities regulated 
under the Marine Protection, Research, and Sanctuaries Act.

B. Marine Protection, Research, and Sanctuaries Act

    The Marine Protection, Research, and Sanctuaries Act of 1972, as 
amended, also known as the Ocean Dumping Act, regulates the 
transportation and dumping of material into ocean waters. Under the 
MPRSA, no permit may be issued for ocean dumping where such dumping 
will unreasonably degrade or endanger human health or the marine 
environment. Most material ocean dumped today is dredged material 
(i.e., sediments) removed from the bottom of water bodies to maintain 
navigation channels and berthing areas. Other materials that are 
currently disposed of in the ocean include fish wastes, human remains, 
and vessels.
    Ocean dumping cannot occur except pursuant to a permit under the 
MPRSA and its implementing regulations. The U.S. Army Corps of 
Engineers (USACE) issues permits for dumping dredged material in the 
ocean, using EPA's environmental criteria and subject to EPA's 
concurrence. For all other materials, EPA is the permitting agency. EPA 
also is responsible for designating recommended ocean dumping sites for 
all types of materials, including dredged material. EPA's ocean dumping 
regulations at 40 CFR Part 228 establish procedures for the designation 
and management of ocean disposal sites and list the available EPA-
designated ocean dumping sites by EPA Region (40 CFR 228.15).

C. Interim Ocean Dumping Sites, Permits, Criteria, and Guidance

    When EPA originally promulgated the ocean dumping regulations in 
the 1970's, the Agency made provisions for interim ocean dumping sites, 
interim ocean dumping permits, and interim ocean dumping criteria. 
These interim provisions were designed to be temporary measures that 
would expire under certain conditions, primarily when final sites were 
designated and criteria were established. As described in Section III 
below, all provisions related to interim ocean dumping sites, interim 
permits, interim criteria, and interim guidance have expired and are 
therefore obsolete.

[[Page 74984]]

III. This Final Rule

    This final rule repeals expired and therefore obsolete regulatory 
references to interim ocean dumping sites, interim ocean dumping 
permits, interim ocean dumping criteria, and interim guidance. This 
rule does not make any substantive changes to EPA's ocean dumping 
regulations. This is a housekeeping measure intended only to eliminate 
confusion by repealing obsolete regulatory text.

A. Interim Ocean Dumping Sites

    After the enactment of the MPRSA in 1972, EPA designated interim 
ocean dumping sites prior to the completion of environmental studies on 
the basis of historical uses. These ``interim'' designations were 
intended to facilitate a smooth transition to regulation under the 
MPRSA and to allow time for the necessary environmental studies to be 
completed. Once the necessary environmental studies were performed, 
many of the interim sites were designated by EPA as final designated 
sites if the sites met the MPRSA regulatory environmental criteria. 
Although EPA published the interim sites list when the Agency proposed 
the ocean dumping criteria in 1973, EPA did not publish the interim 
sites list in a separate regulation until 1977. In 1994, EPA codified 
the interim site list at 40 CFR 228.14.
    Initially, the 1977 regulations stated ``the list of interim sites 
will remain in force for a period not to exceed three years from the 
date of promulgation of this Part 228, except for those sites approved 
for continuing use or disapproved for use by promulgation in this 
Part.'' After a series of extensions to the expiration requirements for 
interim site designations, Congress amended the MPRSA in 1992 to 
require that no permits for ocean dumping shall be issued for an ocean 
dumping site after January 1, 1997, unless the site had received a 
final designation (section 506 of the Water Resources Development Act 
of 1992; codified at 33 U.S.C. 1412(c)(4)). In other words, ocean 
dumping permits could no longer be issued for interim dumping sites 
after January 1, 1997. Today's action repeals the list of interim ocean 
dumping sites found at 40 CFR 228.14, as well as the regulatory 
references to interim ocean dumping sites found at 40 CFR 228.2(a), 
228.3(b), 228.4(b), and 228.5(c).
    The 1992 MPRSA amendments that abolished interim ocean dumping 
sites, as well as subsequent amendments to the MPRSA, expressly 
retained the authority of EPA and the U.S. Army Corps of Engineers to 
issue permits for use of a specific interim dredged material ocean 
dumping site near Newport Beach, California (known as ``LA-3'') beyond 
the 1997 deadline pending final site designation. Because EPA 
promulgated a final site designation for the LA-3 site (70 FR 53729), 
the interim site designation for LA-3 is unnecessary and has become 
moot. Today, EPA repeals the interim site designation for LA-3 along 
with the other interim site designations. Today's action does not 
prevent the U.S. Army Corps of Engineers, however, from using any site 
as an ``alternative site'' for the disposal of dredged material subject 
to the provisions of MPRSA section 103(b) even if that alternative site 
also had been designated previously as an interim site. Similarly, 
today's action does not preclude the use of any site designed for use 
at 40 CFR 227.15, even if that site had also been designated as an 
interim site previously.

B. Interim Ocean Dumping Permits

    In 1977, EPA promulgated regulations establishing five types of 
ocean dumping permits: Special, general, interim, research, and 
emergency (42 FR 2468; 40 CFR 220.3). Under these regulations, interim 
permits could be issued prior to April 23, 1978, for the dumping of 
materials that did not comply with the environmental impact criteria 
published at 40 CFR part 227, subpart B, or that would have caused 
substantial adverse effects as determined in accordance with the 
criteria published at 40 CFR part 227, subparts D or E, or for which an 
ocean disposal site had not been designated on other than an interim 
basis (40 CFR 220.3(d)). EPA Regional Administrators had the discretion 
to exempt existing site users from the April 23, 1978, interim permit 
issuance deadline. The 1977 regulations also included an implementation 
schedule to allow phasing out of interim ocean dumping permits or 
compliance with all requirements necessary to receive a special permit 
by December 31, 1981, at the latest. Consequently, under certain 
circumstances, the Regional Administrators could only extend the 
deadline to December 31, 1981. Interim permits were required to specify 
an expiration date no later than one year from issuance.
    The regulatory provisions regarding interim permits are expired and 
therefore obsolete. The authority to issue interim permits lapsed over 
30 years ago. Any interim permit issued has long since expired. This 
action repeals the obsolete regulatory provisions regarding interim 
ocean dumping permits found in the 40 CFR parts 220, 221, 222, 223, 
224, 227 (especially subpart F), and 228.

C. Interim Ocean Dumping Criteria and Interim Guidance on Test 
Procedures

    EPA promulgated ``interim criteria'' for constituents prohibited as 
other than trace contaminants in material proposed for ocean dumping 
(40 CFR 227.6(e)) in 1977. At that time, EPA and the Army Corps of 
Engineers had not yet completed the development of acceptable bioassay 
procedures to determine if material proposed for ocean dumping would 
cause unacceptable toxicity or bioaccumulation under 40 CFR 227.6(c)(2) 
and (3). The interim criteria allowed the use of numerical constituent 
levels for suspended particulate and solid phases of the material 
proposed for dumping until EPA announced the availability of acceptable 
bioassay procedures to implement the criteria found at 40 CFR 
227.6(c)(2) and (3).
    The regulations contain another ``interim'' reference relevant to 
the bioassay test procedures. A footnote to the regulation at 40 CFR 
227.27(b) explains that EPA and the Army Corps of Engineers would 
develop an implementation manual regarding the use of bioassays to 
determine the limiting permissible concentration for the suspended 
particulate and solid phases of the material proposed to be dumped, and 
that announcement of the availability of the manual would be published 
in the Federal Register. The footnote explained how to obtain ``interim 
guidance'' on appropriate procedures until the manual was available. 
EPA is deleting the footnote because the manual has since been made 
available in the Federal Register. 56 FR 13826. That document, entitled 
``Evaluation of Dredged Material Proposed for Ocean Disposal--Testing 
Manual,'' revised the interim guidance (published in 1977) called 
``Ecological Evaluation of Proposed Discharge of Dredged Material into 
Ocean Waters.''
    In addition to the jointly developed implementation manual relevant 
to the testing of dredged material, EPA also has developed a guidance 
manual for the testing of non-dredged material called ``Bioassay 
Procedures for the Ocean Disposal Permit Program.'' In publishing a 
1980 final rule promulgating guidelines under the Clean Water Act 
section 403(c) (45 FR 65942), EPA explained that this guidance document 
was to be used to demonstrate that a discharge would not exceed the 
limiting permissible concentration for non-dredged material. EPA noted 
the availability of this

[[Page 74985]]

document again in 1996, in a proposed rule that clarified certain 
provisions of the Agency's ocean dumping regulations relating to 
requirements for bioassay testing. 61 FR 7765, 7767.
    Because EPA has previously announced the availability of acceptable 
procedures to implement the criteria found at 40 CFR 227.6(c)(2) and 
(3), today's action repeals the obsolete regulatory provisions 
regarding interim ocean dumping criteria found in 40 CFR 227.6(e). For 
the same reason, the footnote to 40 CFR 227.27(b) and its reference to 
``interim guidance'' have become obsolete and EPA is removing the 
footnote today. EPA is also removing the final clause of Sec.  
227.27(d) because the reference to ``interim guidance'' is no longer 
necessary.

IV. Statutory and Executive Order Reviews

A. Administrative Procedure Act

    Under the Administrative Procedure Act (APA), agencies generally 
are required to publish a notice of proposed rulemaking and provide an 
opportunity for the public to comment on any substantive rulemaking 
action. Prior notice and comment is not required, however, when the 
agency for good cause finds (and incorporates the finding and a brief 
statement of reasons therefore in the rules issued) that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest. 5 U.S.C. 553(b)(B).
    EPA has determined that providing prior notice and opportunity for 
comment on the repeal of obsolete regulatory provisions from the Code 
of Federal Regulations regarding interim ocean dumping sites, interim 
ocean dumping permits, interim ocean dumping criteria, and interim 
guidance is unnecessary. The interim authority by which interim sites 
could be used expired in January 1997 according to Section 506 of the 
Water Resources Development Act of 1992, which rendered the regulatory 
references obsolete. The authority to issue interim permits and the 
authority for existing dumpers to use interim permits, lapsed over 
thirty years ago. The interim criteria became obsolete after EPA 
announced the availability of implementation manuals for the final 
criteria. The interim guidance identified in the footnote became 
obsolete for the same reason. Thus, withdrawing the regulatory 
references to interim sites, interim permits, interim criteria, and 
interim guidance from the Code of Federal Regulations has no legal 
impact and merely codifies the current legal status quo.

B. Paperwork Reduction Act

    This final rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. Burden is defined at 5 CFR 1320.3(b). This is because it merely 
conforms the published regulatory text with current legal requirements, 
as explained above. It does not establish or modify any information 
reporting, or recordkeeping requirements, and therefore is not subject 
to the requirements of the Paperwork Reduction Act.

C. Other Statutes and Executive Orders

    This rule does not establish any new requirements, mandates, or 
procedures. As explained above, this final action merely repeals 
obsolete regulations regarding interim ocean dumping sites, interim 
ocean dumping permits, interim ocean dumping criteria, and interim 
guidance. This rule is a housekeeping measure to remove these obsolete 
provisions from the Code of Federal Regulations. The rule does not 
result in any additional or new regulatory requirements. Accordingly, 
it has been determined that this rule is not a ``significant regulatory 
action'' under Executive Order 12866, and therefore is not subject to 
review by the Office of Management and Budget. In addition, this action 
does not impose any enforceable duty, contain any unfunded mandate, or 
impose any significant or unique impact on small governments as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). 
This rule also does not impose any federalism requirements or require 
prior consultation with tribal government officials as specified by 
Executive Order 13132 (64 FR 43255) or Executive Order 13175 (65 FR 
67249). This rule does not involve special consideration of 
environmental justice-related issues as required by Executive Order 
12898 (59 FR 7629). This rule is not subject to Executive Order 13211 
(66 FR 28355) because it is not a significant regulatory action under 
Executive Order 12866. Because this action is not subject to notice-
and-comment requirements under the APA or any other statute, and 
because it does not impose any new requirements on small entities, it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) This rule is not 
subject to Executive Order 13045 (62 FR 19885) because it is not 
economically significant as defined under Executive Order 12866. 
Because this rule does not involve technical standards, EPA did not 
consider the use of any voluntary consensus standards. Therefore, this 
rule is not subject to section 12(d) of the National Technology 
Transfer and Advancement Act of 1995, Public Law 104-113, section 12(d) 
(15 U.S.C. 272 note). Further, this rule is not subject to Executive 
Order 13045 because it does not establish an environmental standard 
intended to mitigate health or safety risks.
    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq. as added 
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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons stated, and established an effective date of January 9, 
2009. Therefore, EPA will submit a report containing this rule 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 this rule in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 220

    Environmental protection, Water pollution control.

40 CFR Parts 221, 222, and 223

    Administrative practice and procedure, Environmental protection, 
Water pollution control.

40 CFR Part 224

    Environmental protection, Reporting and recordkeeping requirements, 
Water pollution control.

40 CFR Part 227

    Environmental protection, Environmental impact statements, Water 
pollution control.

40 CFR Part 228

    Environmental protection, Water pollution control.


[[Page 74986]]


    Dated: November 26, 2008.
Benjamin H. Grumbles,
Assistant Administrator for Water.

0
In consideration of the foregoing, Subchapter H of chapter I of title 
40 is amended as follows:

PART 220--[AMENDED]

0
1. The authority citation for part 220 continues to read as follows:

    Authority: 33 U.S.C. 1412 and 1418.


0
2. Amend Sec.  220.3 as follows:
0
a. By revising the introductory text.
0
b. By removing and reserving paragraph (d).
0
c. By revising paragraph (f).


Sec.  220.3  Categories of permits.

    This Sec.  220.3 provides for the issuance of general, special, 
emergency, and research permits for ocean dumping under section 102 of 
the Act.
* * * * *
    (f) Permits for incineration at sea. Permits for incineration of 
wastes at sea will be issued only as research permits until specific 
criteria to regulate this type of disposal are promulgated, except in 
those cases where studies on the waste, the incineration method and 
vessel, and the site have been conducted and the site has been 
designated for incineration at sea in accordance with the procedures of 
Sec.  228.4(b) of this chapter. In all other respects the requirements 
of parts 220 through 228 apply.

0
3. Amend Sec.  220.4 by revising paragraph (a) and paragraph (b) 
introductory text to read as follows:


Sec.  220.4  Authorities to issue permits.

    (a) Determination by Administrator. The Administrator, or such 
other EPA employee as he may from time to time designate in writing, 
shall issue, deny, modify, revoke, suspend, impose conditions on, 
initiate and carry out enforcement activities and take any and all 
other actions necessary or proper and permitted by law with respect to 
general, special, emergency, or research permits.
    (b) Authority delegated to Regional Administrators. Regional 
Administrators, or such other EPA employees as they may from time to 
time designate in writing, are delegated the authority to issue, deny, 
modify, revoke, suspend, impose conditions on, initiate and carry out 
enforcement activities, and take any and all other actions necessary or 
proper and permitted by law with respect to special permits for:
* * * * *

PART 221--[AMENDED]

0
4. The authority citation for part 221 continues to read as follows:

    Authority: 33 U.S.C. 1412 and 1418.


0
5. Amend Sec.  221.1 by revising the introductory text to read as 
follows:


Sec.  221.1  Applications for permits.

    Applications for general, special, emergency, and research permits 
under section 102 of the Act may be filed with the Administrator or the 
appropriate Regional Administrator, as the case may be, authorized by 
Sec.  220.4 of this chapter to act on the application. Applications 
shall be made in writing and shall contain, in addition to any other 
material which may be required, the following:
* * * * *

PART 222--[AMENDED]

0
6. The authority citation for part 222 continues to read as follows:

    Authority: 33 U.S.C. 1412 and 1418.


0
7. Revise Sec.  222.1 to read as follows:


Sec.  221.1  General.

    Decisions as to the issuance, denial, or imposition of conditions 
on general, special, emergency, and research permits under section 102 
of the Act will be made by application of the criteria of parts 227 and 
228 of this chapter. Final action on any application for a permit will, 
to the extent practicable, be taken within 180 days from the date a 
complete application is filed.

0
8. Amend Sec.  222.3 by revising paragraphs (a) introductory text and 
(b)(1) introductory text as follows:


Sec.  222.3  Notice of applications.

    (a) Contents. Notice of every complete application for a general, 
special, emergency and research permit shall, in addition to any other 
material, include the following:
* * * * *
    (b) * * * (1) Special and research permits. Notice of every 
complete application for special and research permits shall be given 
by:
* * * * *

PART 223--[AMENDED]

0
9. The authority citation for part 223 continues to read as follows:

    Authority: Secs. 102, 104, 107, 108, Marine Protection Research, 
and Sanctuaries Act of 1972, as amended (33 U.S.C. 1412, 1414, 1417, 
1418).


0
10. Amend Sec.  223.1 as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (a) introductory text.
0
c. By removing and reserving paragraph (c).


Sec.  223.1  Contents of special, emergency, general, and research 
permits; posting requirements.

    (a) All special, emergency and research permits shall be displayed 
on the vessel engaged in dumping and shall include the following:
* * * * *

0
11. Amend Sec.  223.3 by revising paragraph (a) introductory text to 
read as follows:


Sec.  223.3  Preliminary determination; notice.

    (a) General. Any general, special, emergency, or research permit 
issued pursuant to section 102 of the Act shall be subject to revision, 
revocation or limitation, in whole or in part, as the result of a 
determination by the Administrator or Regional Administrator that:
* * * * *

PART 224--[AMENDED]

0
12. The authority citation for part 224 continues to read as follows:

    Authority: 33 U.S.C. 1412 and 1418.


0
13. Amend Sec.  224.1 by revising the introductory text to read as 
follows:


Sec.  224.1  Records of permittees.

    Each permittee named in a special, emergency or research permit 
under section 102 of the Act and each person availing himself of the 
privilege conferred by a general permit, shall maintain complete 
records of the following information, which will be available for 
inspection by the Administrator, Regional Administrator, the Commandant 
of the U.S. Coast Guard, or their respective designees:
* * * * *

PART 227--[AMENDED]

0
14. The authority citation for part 227 continues to read as follows:

    Authority: 33 U.S.C. 1412 and 1418.

Subpart A--[Amended]

0
15. Amend Sec.  227.2 by revising paragraph (b) to read as follows:


Sec.  227.2  Materials which satisfy the environmental impact criteria 
of subpart B.

* * * * *
    (b) If the material proposed for ocean dumping satisfies the 
environmental impact criteria set forth in subpart B, but the 
Administrator or the Regional

[[Page 74987]]

Administrator, as the case may be, determines that any one of the 
considerations set forth in paragraph (a)(1), (2) or (3) of this 
section applies, he or she, as the case may be, will deny the permit 
application.
* * * * *

0
16. Revise Sec.  227.3 to read as follows:


Sec.  227.3  Materials which do not satisfy the environmental impact 
criteria set forth in subpart B.

    If the material proposed for ocean dumping does not satisfy the 
environmental impact criteria of subpart B of this part, the 
Administrator or the Regional Administrator, as the case may be, will 
deny the permit application.

Subpart B--[Amended]

0
17. Amend Sec.  227.6 by revising paragraph (e) to read as follows:


Sec.  227.6  Constituents prohibited as other than trace contaminants.

* * * * *
    (e) The criteria stated in paragraphs (c)(2) and (3) of this 
section are mandatory. The availability of acceptable procedures was 
announced in the Federal Register in 1991 and 1996.
* * * * *

Subpart F--[Amended]

0
18. Amend part 227 by removing and reserving subpart F, consisting of 
Sec.  227.23 through Sec.  227.26.

Subpart G--[Amended]

0
19. Amend Sec.  227.27 by removing footnote 1 from paragraph (b) and 
revising paragraph (d) to read as follows:


Sec.  227.27  Limiting permissible concentration (LPC).

* * * * *
    (d) Appropriate sensitive benthic marine organisms means two or 
more species that together represent filter-feeding, deposit-feeding, 
and burrowing characteristics. These organisms shall be chosen from 
among the species that are most sensitive for each type they represent, 
and that are documented in the scientific literature and accepted by 
EPA as being reliable test organisms to determine the anticipated 
impact on the site.

PART 228--[AMENDED]

0
20. The authority citation for part 228 continues to read as follows:

    Authority: 33 U.S.C. 1412 and 1418.


0
21. Amend Sec.  228.2 by revising paragraph (a) to read as follows:


Sec.  228.2  Definitions.

    (a) The term disposal site means a finally approved and precise 
geographical area within which ocean dumping of wastes is permitted 
under conditions specified in permits issued under sections 102 and 103 
of the Act. Such sites are identified by boundaries established by 
coordinates of latitude and longitude for each corner, or by 
coordinates of latitude and longitude for the center point and a radius 
in nautical miles from that point. Boundary coordinates shall be 
identified as precisely as is warranted by the accuracy with which the 
site can be located with existing navigational aids or by the 
implantation of transponders, buoys or other means of marking the site.
* * * * *

0
22. Amend Sec.  228.3 by revising paragraph (b) to read as follows:


Sec.  228.3  Disposal site management responsibilities.

* * * * *
    (b) Each site, upon final designation, will be assigned to either 
an EPA Regional office or to EPA Headquarters for management. These 
designations will be consistent with the delegation of authority in 
Sec.  220.4 of this chapter. The designated management authority is 
fully responsible for all aspects of the management of sites within the 
general requirements specified in Sec.  220.4 and this chapter. 
Specific requirements for meeting the management responsibilities 
assigned to the designated management authority for each site are 
outlined in Sec. Sec.  228.5 and 228.6.

0
23. Amend Sec.  228.4 by revising paragraph (b) to read as follows:


Sec.  228.4  Procedures for designation of sites.

* * * * *
    (b) Special permits. Areas where ocean dumping is permitted subject 
to the specific conditions of individual special permits, will be 
designated by promulgation in this part 228, and such designation will 
be made based on environmental studies of each site, regions adjacent 
to the site, and on historical knowledge of the impact of waste 
disposal on areas similar to such sites in physical, chemical, and 
biological characteristics. All studies for the evaluation and 
potential selection of dumping sites will be conducted in accordance 
with the requirements of Sec. Sec.  228.5 and 228.6. The Administrator 
may, from time to time, designate specific locations for temporary use 
for disposal of small amounts of materials under a special permit only 
without disposal site designation studies when such materials satisfy 
the Criteria and the Administrator determines that the quantities to be 
disposed of at such sites will not result in significant impact on the 
environment. Such designations will be done by promulgation in this 
part 228, and will be for a specified period of time and for specified 
quantities of materials.
* * * * *


Sec.  228.5  [Amended]

0
24. Amend Sec.  228.5 by removing and reserving paragraph (c).
0
25. Revise Sec.  228.8 to read as follows:


Sec.  228.8  Limitations on times and rates of disposal.

    Limitations as to time for and rates of dumping may be stated as 
part of the promulgation of site designation. The times and the 
quantities of permitted material disposal will be regulated by the EPA 
management authority so that the limits for the site as specified in 
the site designation are not exceeded. This will be accomplished by the 
denial of permits for the disposal of some materials, by the imposition 
of appropriate conditions on other permits and, if necessary, the 
designation of new disposal sites under the procedures of Sec.  228.4. 
In no case may the total volume of material disposed of at any site 
under special permits cause the concentration of the total materials or 
any constituent of any of the materials being disposed of at the site 
to exceed limits specified in the site designation.

0
26. Amend part 228 by removing and reserving Sec.  228.14.

 [FR Doc. E8-28842 Filed 12-9-08; 8:45 am]
BILLING CODE 6560-50-P