Ocean Dumping: Proposed Modification of Final Site Designation, 34871-34874 [2015-15002]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules the extent feasible, to parties with similar interests who select a common representative to testify on their behalf. Any persons not afforded an opportunity to testify will still have an opportunity to submit a written statement on the issues specified in their request to testify. Such statements will be included in the record. To facilitate the receipt and processing of requests to testify, EBSA encourages interested persons to submit their request to testify at the hearing and outlines by email to e-ORI@dol.gov, subject line: Conflict of Interest Rule Hearing. Persons submitting requests and outlines electronically should not submit paper copies. Persons submitting requests and outlines on paper should send or deliver their requests and outlines to the Office of Regulations and Interpretations, Employee Benefits Security Administration, Attn: Conflict of Interest Rule Hearing, Room N–5655, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. All requests and outlines submitted will be available to the public, without charge, online at https://www.dol.gov/ebsa and at the Public Disclosure Room, N–1515, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. EBSA will prepare an agenda indicating the order of presentation of oral testimony. In the absence of special circumstances, each presenter will be allotted ten (10) minutes in which to complete his or her presentation. Those individuals who make oral comments and present testimony at the hearing should be prepared to answer questions regarding their information and comments. Those requesting to testify also should be prepared to participate as part of a panel. Information about the agenda for the hearing will be posted on https://www.dol.gov/ebsa no later than August 3, 2015. The hearings will be open to the public, but seating will be limited and will be provided on a first-come, firstserve basis. Witnesses and persons accompanying witnesses will be given priority in seating. To expedite visitor security access entrance into the building, individuals planning to attend the hearing can provide contact information by email to e-ORI@dol.gov, and arrive at least 20 minutes prior to the start of the hearing. Notice of Public Hearing Notice is hereby given that a public hearing will be held on August 10, 11, and 12, and continuing through August 13, 2015 (if necessary) concerning the VerDate Sep<11>2014 14:59 Jun 17, 2015 Jkt 235001 proposed Conflict of Interest Rule and proposed prohibited transaction exemptions published in the Federal Register on April 20, 2015 (80 FR 21928). The hearing will be held ´ beginning at 9 a.m. EDT in the Cesar E. ´ Chavez Memorial Auditorium of the U.S. Department of Labor, Frances Perkins Building, 200 Constitution Avenue NW., Washington, DC 20210. Notice of Extension of Comment Period Notice is hereby given that the period for submitting comments on the proposed Conflict of Interest Rule and proposed prohibited transaction exemptions published in the Federal Register on April 20, 2015 (80 FR 21928, et seq.) is being extended until July 21, 2015. Information on how to submit comments by email, mail, by hand, or by courier is in the Notice of Proposed Rulemaking and Notices of Proposed Exemptions published in the Federal Register on April 20, 2015. Those documents are also available electronically at www.dol.gov/ebsa/regs/ conflictsofinterest.html. All comments will be available to the public, without charge, online at https:// www.regulations.gov and https:// www.dol.gov/ebsa or at the Public Disclosure Room, N–1513, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Warning: Do not include any personally identifiable information (such as name, address, or other contact information) or confidential business information that you do not want publicly disclosed. All comments may be posted on the Internet and can be retrieved by most Internet search engines. Comments may be submitted anonymously. Signed at Washington, DC, this 12th day of June, 2015. Phyllis C. Borzi, Assistant Secretary for Employee Benefits Security, Department of Labor. [FR Doc. 2015–14921 Filed 6–16–15; 8:45 am] BILLING CODE 4510–29–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 228 [EPA–R06–OW–2015–0121; FRL–9929–30– Region 6] Ocean Dumping: Proposed Modification of Final Site Designation Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 34871 The Environmental Protection Agency EPA proposes to modify the use restrictions of the Galveston, TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX and Brazos Island Harbor (42-Foot Project), TX Ocean Dredged Material Disposal Sites (ODMDSs) located in the Gulf of Mexico offshore of Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, Texas, respectively. These sites are EPA designated ocean dumping sites for the disposal of suitable dredged material. This proposed action is being taken because there are current restrictions in place with language that prevent disposal of suitable dredged material from locations other than the federal channels. The United States Army Corps of Engineers Galveston District has requested EPA amend the restrictions to allow disposal of suitable dredged material from the vicinity of federal navigation channels to alleviate pressure on the capacity of their upland dredged material placement areas, when necessary. DATES: Comments. Comments on this proposed rule must be received on or before August 3, 2015. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OW–2015–0121, by one of the following methods: Federal e-Rulemaking Portal: https:// www.regulations.gov; follow the online instruction for submitting comments. • Email: Dr. Jessica Franks at franks.jessica@epa.gov. • Fax: Dr. Jessica Franks, Marine and Coastal Section (6WQ–EC) at fax number 214–665–6689. • Mail: Dr. Jessica Franks, Marine and Coastal Section (6WQ–EC), Environmental Protection Agency, Mailcode: (6WQ–EC), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Instructions: Direct your comments to Docket No. EPA–R06–OW–2015–0121. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov SUMMARY: E:\FR\FM\18JNP1.SGM 18JNP1 34872 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. 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, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Marine and Coastal Section (6WQ– EC), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cent per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Compliance With Administrative Procedure Act National Technology Transfer Advancement Act Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations List of subjects in 40 CFR Part 228 FOR FURTHER INFORMATION CONTACT: A. Potentially Affected Persons Jessica Franks, Ph.D., Marine and Coastal Section (6WQ–EC), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–8335, fax number (214) 665– 6689; email address franks.jessica@ epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents A. Potentially Affected Persons B. Background C. Proposed Action D. Administrative Review Executive Order 12886 Paperwork Reduction Act Regulatory flexibility Act, as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 Unfunded Mandates Executive Order 13132: Federalism Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Part 228—(AMENDED) Persons potentially affected by this action include those who seek or might seek permits or approval by EPA to dispose of dredged material into ocean waters pursuant to the Marine Protection Research and Sanctuaries Act, 33 U.S.C. 1401 et seq. EPA’s action would be relevant to persons, including organizations and government bodies seeking to dispose of dredged material in ocean waters offshore of Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, Texas. Currently, the U.S. Army Corps of Engineers (Corps) and other persons with permits to use designated sites offshore of Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield, and Brownsville, Texas would be most impacted by this final action. Potentially affected categories and persons include: Category Examples of potentially regulated persons Federal government ............. Industry and general public .. State, local and tribal governments. USACE Civil Works and O & M projects; other Federal agencies, including the Department of Defense. Port authorities, marinas and harbors, shipyards and marine repair facilities, berth owners. Governments owning and/or responsible for ports, harbors, and/or berths, Government agencies requiring disposal of dredged material associated with public works projects. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS This table is not intended to be exhaustive, but rather provides a guide for readers regarding persons likely to be affected by this action. For any questions regarding the applicability of this action to a particular entity, please refer to the contact person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. 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 VerDate Sep<11>2014 14:59 Jun 17, 2015 Jkt 235001 authority to designate ocean disposal sites to the Regional Administrator of the Region in which the sites are located. These proposed modification are being made pursuant to that authority. The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR Chapter I, Subchapter H, Section 228.11) state that modifications in disposal site use which involve withdrawal of disposal sites from use or permanent changes in the total specified quantities or types of wastes permitted to be discharged to a specific disposal site will be made by promulgation in this Part 228. This site modification of types of wastes permitted to be discharged to a specific disposal site are PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 being published as proposed rulemaking in accordance with § 228.11(a) of the Ocean Dumping Regulations, which permits changes in the total specified quantities or types of wastes permitted to be discharged to a specific disposal site based upon changed circumstances concerning use of the site. C. Proposed Action The proposed modification of the use restrictions on the Galveston, TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX and Brazos Island Harbor E:\FR\FM\18JNP1.SGM 18JNP1 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules (42-Foot Project), TX ODMDSs was requested by the US Army Corps of Engineers Galveston District in a March 27, 2015 letter. The current wording within the 40CFR§ 228.15 restricts the use of these ODMDS to only dredged material originating from specific federal channel reaches associated with each ODMDS. For Freeport Harbor, TX, New Work (45 Foot Project) ODMDS and the Brazos Island Harbor (42-Foot Project), the ODMDSs are restricted to receive only construction dredged material from channel improvement projects at Freeport and Brazos Island Harbor, respectively. Modeling shows that future disposal capacity is limited at the placement areas typically used by the Galveston District when ocean disposal is not an option. As a result of these limitations, there is a need to change the use restrictions placed on these ODMDSs to include suitable dredged material from the greater vicinities of the respective federal channels. The proposed restriction modification will provide for sufficient future dredged material disposal capacity for material originating from dredging areas within each Federal channel and its vicinity. D. Administrative Review wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 1. Executive Order 12866 Under Executive Order 12866 (58 FR 51735, October 4, 1993) EPA must determine whether the regulatory action is ‘‘significant,’’ and therefore subject to office of Management and Budget (OMB) review and other requirements of the Executive Order. The Order defines ‘‘significant regulatory action’’ as one that is likely to lead to a rule that may: (a) Have an annual effect on the economy of $100 million or more, or adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or Tribal governments or communities; (b) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (c) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof: or (d) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. This Proposed Rule should have minimal impact on State, local, or Tribal governments or communities. Consequently, EPA has determined that this Proposed Rule is not a ‘‘significant VerDate Sep<11>2014 14:59 Jun 17, 2015 Jkt 235001 regulatory action’’ under the terms of Executive Order 12866. 2. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to minimize the reporting and recordkeeping burden on the regulated community, as well as to minimize the cost of Federal information collection and dissemination. In general, the Act requires that information requests and record-keeping requirements affecting ten or more non-Federal respondents be approved by OMB. Since the Proposed Rule would not establish or modify any information or recordkeeping requirements, but only clarifies existing requirements, it is not subject to the provisions of the Paperwork Reduction Act. 3. Regulatory Flexibility Act, as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. This proposed rule will not impose any requirements on small entities. The modification of the Galveston, TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX and Brazos Island Harbor (42-Foot Project), TX ODMDSs broadens the use of the sites providing additional options for dredged material placement in the Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, Texas vicinities. For these reasons, the Regional Administrator certifies, pursuant to section 605(b) of the RFA, that the Proposed Rule will not have a significant economic impact on a substantial number of small entities. 4. Unfunded Mandates Reform Act This Proposed Rule contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) of 1995 (Pub. L. 104–4) for State, local, or tribal governments or the private sector that PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 34873 may result in estimated costs of $100 million or more in any year. It imposes no new enforceable duty on any State, local or tribal governments or the private sector nor does it contain any regulatory requirements that might significantly or uniquely affect small government entities. Thus, the requirements of section 203 of the UMRA do not apply to this Proposed Rule. 5. Executive Order 13132: Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. ‘‘Policies that have federalism implications’’ are defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This Proposed Rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by Tribal officials in the development of regulatory policies that have Tribal implications.’’ This Final Rule does not have Tribal implications, as defined in Executive Order 13175. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This Executive Order (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, EPA must evaluate the environmental health or safety effects of the planned rule on children, and explain why the E:\FR\FM\18JNP1.SGM 18JNP1 34874 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by EPA. This Proposed Rule is not subject to the Executive Order because it is not economically significant as defined in Executive Order 12866, and because EPA does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Compliance With Administrative Procedure Act This Proposed Rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. 9. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. This Proposed Rule does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. 10. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Executive Order 12898 (59 FR 7629) directs Federal agencies to determine whether the Proposed Rule would have a disproportionate adverse impact on minority or low-income population groups within the project area. The Proposed Rule would not significantly affect any low-income or minority population. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS List of Subjects in 40 CFR Part 228 Environmental protection, Water pollution control. Dated: June 8, 2015. Ron Curry, Regional Administrator, Region 6. For the reasons stated in the preamble, EPA is proposing to amend 40 CFR part 228 as follows: VerDate Sep<11>2014 14:59 Jun 17, 2015 Jkt 235001 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 (j)(12)(vi), (j)(13)(vi), (j)(14)(vi), (j)(15)(vi), (j)(17)(vi), (j)(18)(vi), (j)(19)(vi), (j)(20)(vi) to read as follows: ■ from the greater Brownsville, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (20) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Brownsville, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. * * * * * § 228.15 Dumping sites designated on a final basis. [FR Doc. 2015–15002 Filed 6–17–15; 8:45 am] * BILLING CODE 6560–50–P * * * * (j) * * * (12) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Houston-Galveston, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (13) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Freeport, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (14) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Freeport, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (15) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Matagorda, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (17) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Corpus Christi, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (18) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material from the greater Port Mansfield, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan. (19) * * * (vi) Restrictions: Disposal shall be limited to suitable dredged material PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 NATIONAL TRANSPORTATION SAFETY BOARD 49 CFR Part 800 [Docket No. NTSB–GC–2012–0002] RIN 3147–AA03 Organization and Functions of the Board and Delegations of Authority National Transportation Safety Board (NTSB or Board). ACTION: Notice of proposed rulemaking. AGENCY: The NTSB proposes a new subpart within part 800 of its regulations to outline the NTSB’s rulemaking procedures. DATES: Comments must be submitted by July 20, 2015. ADDRESSES: A copy of this notice, published in the Federal Register (FR), is available for inspection and copying in the NTSB’s public reading room, located at 490 L’Enfant Plaza SW., Washington, DC 20594–2003. Alternatively, a copy is available on the government-wide Web site on regulations at https:// www.regulations.gov (Docket ID Number NTSB–GC–2012–0002). FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202) 314–6080. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background On June 25, 2012, the NTSB published a proposed rule indicating its intent to undertake a review of all NTSB regulations to ensure they are updated. 77 FR 37865. The NTSB initiated this review in accordance with Executive Order 13579, ‘‘Regulation and Independent Regulatory Agencies’’ (76 FR 41587, July 14, 2011). The purpose of Executive Order 13579 is to ensure all agencies adhere to the key principles found in Executive Order 13563, E:\FR\FM\18JNP1.SGM 18JNP1

Agencies

[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Proposed Rules]
[Pages 34871-34874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15002]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R06-OW-2015-0121; FRL-9929-30-Region 6]


Ocean Dumping: Proposed Modification of Final Site Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency EPA proposes to modify the 
use restrictions of the Galveston, TX Dredged Material Site, Freeport 
Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, 
Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus 
Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX 
and Brazos Island Harbor (42-Foot Project), TX Ocean Dredged Material 
Disposal Sites (ODMDSs) located in the Gulf of Mexico offshore of 
Galveston, Freeport, Matagorda, Corpus Christi, Port Mansfield and 
Brownsville, Texas, respectively. These sites are EPA designated ocean 
dumping sites for the disposal of suitable dredged material. This 
proposed action is being taken because there are current restrictions 
in place with language that prevent disposal of suitable dredged 
material from locations other than the federal channels. The United 
States Army Corps of Engineers Galveston District has requested EPA 
amend the restrictions to allow disposal of suitable dredged material 
from the vicinity of federal navigation channels to alleviate pressure 
on the capacity of their upland dredged material placement areas, when 
necessary.

DATES: Comments. Comments on this proposed rule must be received on or 
before August 3, 2015.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OW-
2015-0121, by one of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov; follow the 
online instruction for submitting comments.
     Email: Dr. Jessica Franks at franks.jessica@epa.gov.
     Fax: Dr. Jessica Franks, Marine and Coastal Section (6WQ-
EC) at fax number 214-665-6689.
     Mail: Dr. Jessica Franks, Marine and Coastal Section (6WQ-
EC), Environmental Protection Agency, Mailcode: (6WQ-EC), 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OW-2015-
0121. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov

[[Page 34872]]

or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to EPA without going through 
www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Marine and Coastal 
Section (6WQ-EC), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. The file will be made available 
by appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below. If possible, please make the appointment at 
least two working days in advance of your visit. There will be a 15 
cent per page fee for making photocopies of documents. On the day of 
the visit, please check in at the EPA Region 6 reception area at 1445 
Ross Avenue, Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Jessica Franks, Ph.D., Marine and 
Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 
665-8335, fax number (214) 665-6689; email address 
franks.jessica@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Potentially Affected Persons
B. Background
C. Proposed Action
D. Administrative Review
Executive Order 12886
Paperwork Reduction Act
Regulatory flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996
Unfunded Mandates
Executive Order 13132: Federalism
Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments
Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks
Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use Compliance With Administrative 
Procedure Act
National Technology Transfer Advancement Act
Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations
List of subjects in 40 CFR Part 228

Part 228--(AMENDED)

A. Potentially Affected Persons

    Persons potentially affected by this action include those who seek 
or might seek permits or approval by EPA to dispose of dredged material 
into ocean waters pursuant to the Marine Protection Research and 
Sanctuaries Act, 33 U.S.C. 1401 et seq. EPA's action would be relevant 
to persons, including organizations and government bodies seeking to 
dispose of dredged material in ocean waters offshore of Galveston, 
Freeport, Matagorda, Corpus Christi, Port Mansfield and Brownsville, 
Texas. Currently, the U.S. Army Corps of Engineers (Corps) and other 
persons with permits to use designated sites offshore of Galveston, 
Freeport, Matagorda, Corpus Christi, Port Mansfield, and Brownsville, 
Texas would be most impacted by this final action. Potentially affected 
categories and persons include:

------------------------------------------------------------------------
           Category            Examples of potentially regulated persons
------------------------------------------------------------------------
Federal government...........  USACE Civil Works and O & M projects;
                                other Federal agencies, including the
                                Department of Defense.
Industry and general public..  Port authorities, marinas and harbors,
                                shipyards and marine repair facilities,
                                berth owners.
State, local and tribal        Governments owning and/or responsible for
 governments.                   ports, harbors, and/or berths,
                                Government agencies requiring disposal
                                of dredged material associated with
                                public works projects.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding persons likely to be affected by this 
action. For any questions regarding the applicability of this action to 
a particular entity, please refer to the contact person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. 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 proposed modification are being made pursuant to that authority.
    The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR 
Chapter I, Subchapter H, Section 228.11) state that modifications in 
disposal site use which involve withdrawal of disposal sites from use 
or permanent changes in the total specified quantities or types of 
wastes permitted to be discharged to a specific disposal site will be 
made by promulgation in this Part 228. This site modification of types 
of wastes permitted to be discharged to a specific disposal site are 
being published as proposed rulemaking in accordance with Sec.  
228.11(a) of the Ocean Dumping Regulations, which permits changes in 
the total specified quantities or types of wastes permitted to be 
discharged to a specific disposal site based upon changed circumstances 
concerning use of the site.

C. Proposed Action

    The proposed modification of the use restrictions on the Galveston, 
TX Dredged Material Site, Freeport Harbor, TX, New Work (45 Foot 
Project), Freeport Harbor, TX, Maintenance (45 Foot Project), Matagorda 
Ship Channel, TX, Corpus Christi Ship Channel, TX, Port Mansfield, TX, 
Brazos Island Harbor, TX and Brazos Island Harbor

[[Page 34873]]

(42-Foot Project), TX ODMDSs was requested by the US Army Corps of 
Engineers Galveston District in a March 27, 2015 letter. The current 
wording within the 40CFRSec.  228.15 restricts the use of these ODMDS 
to only dredged material originating from specific federal channel 
reaches associated with each ODMDS. For Freeport Harbor, TX, New Work 
(45 Foot Project) ODMDS and the Brazos Island Harbor (42-Foot Project), 
the ODMDSs are restricted to receive only construction dredged material 
from channel improvement projects at Freeport and Brazos Island Harbor, 
respectively. Modeling shows that future disposal capacity is limited 
at the placement areas typically used by the Galveston District when 
ocean disposal is not an option. As a result of these limitations, 
there is a need to change the use restrictions placed on these ODMDSs 
to include suitable dredged material from the greater vicinities of the 
respective federal channels. The proposed restriction modification will 
provide for sufficient future dredged material disposal capacity for 
material originating from dredging areas within each Federal channel 
and its vicinity.

D. Administrative Review

1. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) EPA must 
determine whether the regulatory action is ``significant,'' and 
therefore subject to office of Management and Budget (OMB) review and 
other requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to lead to a 
rule that may:
    (a) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way, the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or Tribal governments or communities;
    (b) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (c) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof: or
    (d) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This Proposed Rule should have minimal impact on State, local, or 
Tribal governments or communities. Consequently, EPA has determined 
that this Proposed Rule is not a ``significant regulatory action'' 
under the terms of Executive Order 12866.

2. Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to 
minimize the reporting and recordkeeping burden on the regulated 
community, as well as to minimize the cost of Federal information 
collection and dissemination. In general, the Act requires that 
information requests and record-keeping requirements affecting ten or 
more non-Federal respondents be approved by OMB. Since the Proposed 
Rule would not establish or modify any information or recordkeeping 
requirements, but only clarifies existing requirements, it is not 
subject to the provisions of the Paperwork Reduction Act.

3. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    This proposed rule will not impose any requirements on small 
entities. The modification of the Galveston, TX Dredged Material Site, 
Freeport Harbor, TX, New Work (45 Foot Project), Freeport Harbor, TX, 
Maintenance (45 Foot Project), Matagorda Ship Channel, TX, Corpus 
Christi Ship Channel, TX, Port Mansfield, TX, Brazos Island Harbor, TX 
and Brazos Island Harbor (42-Foot Project), TX ODMDSs broadens the use 
of the sites providing additional options for dredged material 
placement in the Galveston, Freeport, Matagorda, Corpus Christi, Port 
Mansfield and Brownsville, Texas vicinities.
    For these reasons, the Regional Administrator certifies, pursuant 
to section 605(b) of the RFA, that the Proposed Rule will not have a 
significant economic impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

    This Proposed Rule contains no Federal mandates under the 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) of 1995 (Pub. L. 104-4) for State, local, or tribal governments 
or the private sector that may result in estimated costs of $100 
million or more in any year. It imposes no new enforceable duty on any 
State, local or tribal governments or the private sector nor does it 
contain any regulatory requirements that might significantly or 
uniquely affect small government entities. Thus, the requirements of 
section 203 of the UMRA do not apply to this Proposed Rule.

5. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This Proposed Rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by Tribal officials in the development of regulatory 
policies that have Tribal implications.'' This Final Rule does not have 
Tribal implications, as defined in Executive Order 13175.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This Executive Order (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the

[[Page 34874]]

planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by EPA. This Proposed Rule 
is not subject to the Executive Order because it is not economically 
significant as defined in Executive Order 12866, and because EPA does 
not have reason to believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use Compliance With Administrative Procedure 
Act

    This Proposed Rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it 
is not a significant regulatory action under Executive Order 12866.

9. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. This Proposed Rule does not involve technical 
standards. Therefore, EPA is not considering the use of any voluntary 
consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629) directs Federal agencies to 
determine whether the Proposed Rule would have a disproportionate 
adverse impact on minority or low-income population groups within the 
project area. The Proposed Rule would not significantly affect any low-
income or minority population.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: June 8, 2015.
Ron Curry,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, EPA is proposing to amend 
40 CFR part 228 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 (j)(12)(vi), 
(j)(13)(vi), (j)(14)(vi), (j)(15)(vi), (j)(17)(vi), (j)(18)(vi), 
(j)(19)(vi), (j)(20)(vi) to read as follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (j) * * *
    (12) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Houston-Galveston, Texas vicinity. Disposal 
shall comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (13) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Freeport, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (14) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Freeport, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (15) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Matagorda, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (17) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Corpus Christi, Texas vicinity. Disposal 
shall comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (18) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Port Mansfield, Texas vicinity. Disposal 
shall comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (19) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Brownsville, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
    (20) * * *
    (vi) Restrictions: Disposal shall be limited to suitable dredged 
material from the greater Brownsville, Texas vicinity. Disposal shall 
comply with conditions set forth in the most recent approved Site 
Management and Monitoring Plan.
* * * * *
[FR Doc. 2015-15002 Filed 6-17-15; 8:45 am]
 BILLING CODE 6560-50-P
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