Ocean Dumping: Modification of an Ocean Dredged Material Disposal Site Offshore of Port Everglades, Florida, 14622-14628 [2020-04650]
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Proposed Rules
implement the emission guidelines for
MSW landfills. The primary mechanism
used by ODEQ to implement the
emission guidelines for existing MSW
landfills under state jurisdiction is
through incorporation by reference of 40
CFR part 60, subpart Cf requirements
into OAR 340–236–500. The changes
ODEQ has made to the language in the
emission guidelines were made to
convert the language in the Emission
Guidelines to enforceable requirements.
These regulations will be applicable to
MSW landfills in the state of Oregon
under the plan upon the EPA’s approval
of the plan by final rulemaking.2 A
detailed explanation of the rationale
behind this proposed approval is
available in the Technical Support
Document (TSD).
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III. Proposed Action
The EPA is proposing to approve the
ODEQ section 111(d) plan for MSW
landfills submitted pursuant to 40 CFR
part 60, subpart Cf. Therefore, the EPA
is proposing to amend 40 CFR part 62,
subpart MM to reflect this action. This
approval is based on the rationale
previously discussed in this document
and in further detail in the TSD
associated with this action. The scope of
the proposed approval of the section
111(d) plan is limited to the provisions
of 40 CFR parts 60 and 62 for existing
MSW landfills, as referenced in the
emission guidelines, subpart Cf.
The EPA Administrator continues to
retain authority for approval of
alternative methods to determine the
nonmethane organic compound
concentration or a site-specific methane
generation rate constant (k), as
stipulated in 40 CFR 60.30f(c).
As discussed in our previous approval
of Oregon’s MSW Landfill Plan, because
the five-day notice provision in the
Oregon Revised Statutes (ORS)
468.126(1) could preclude enforcement
of the plan in some instances,
application of the notice provision
would disqualify the plan for EPA
approval. Accordingly, pursuant to ORS
468.126(2)(e) and consistent with a
letter from the state of Oregon, the fiveday notice requirement of ORS
468.126(1) does not apply in the case of
violations of the MSW Landfill Plan,
even if requirements of the plan are
incorporated into a permit. 63 FR 34816,
34817 (June 26, 1998).
2 In its submittal, ODEQ demonstrated that the
Lane Regional Air Protection Agency, a local clean
air agency in Lane County, has authority adequate
to implement and enforce the section 111(d) plan,
but states that, at this time, there are no affected
sources in Lane County.
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IV. Incorporation by Reference
In this document, the EPA is
proposing to incorporate by reference
ODEQ rules regarding MSW landfills
discussed in section II of this preamble
in accordance with the requirements of
1 CFR 51.5. The EPA has made, and will
continue to make, these materials
generally available through https://
www.regulations.gov, Docket ID No.
EPA–R10–OAR–2020–0074, and at the
EPA Region 10 Office (please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
In reviewing state plan submissions,
the EPA’s role is to approve state
choices, provided that they meet the
criteria of the CAA. Accordingly, this
action merely approves state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because this action is not
significant under Executive Order
12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L.104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
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• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed approval of
the ODEQ plan submittal for existing
MSW landfills does not apply in Indian
Country. Therefore, the state plan does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000.
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Landfills,
Incorporation by reference,
Intergovernmental relations, Methane,
Ozone, Reporting and recordkeeping
requirements,Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 28, 2020.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020–05009 Filed 3–12–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[EPA–R04–OW–2020–0056; FRL–10006–07–
Region 4]
Ocean Dumping: Modification of an
Ocean Dredged Material Disposal Site
Offshore of Port Everglades, Florida
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
modification of the existing EPA
designated ocean dredged material
disposal site (ODMDS) offshore of Port
Everglades, Florida (referred to hereafter
as the existing Port Everglades ODMDS)
pursuant to the Marine Protection,
Research and Sanctuaries Act, as
amended (MPRSA). The primary
purpose for the site modification is to
enlarge the site to serve the long-term
need for a location to dispose of suitable
material dredged from the Port
Everglades Harbor and for the disposal
of suitable dredged material for persons
who receive a MPRSA permit for such
disposal. The modified site will be
subject to monitoring and management
to ensure continued protection of the
marine environment.
SUMMARY:
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Proposed Rules
Written comments must be
received on or before April 13, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OW–2020–0056, by one of the following
methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments and accessing the docket and
materials related to this proposed rule.
• Email: OceanDumpingR4@epa.gov.
• Mail: Wade Lehmann, U.S.
Environmental Protection Agency,
Region 4, Water Division, Oceans and
Estuarine Management Section, 61
Forsyth Street SW, Atlanta, Georgia
30303.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OW–2020–
0056. The 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 through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov website is an
‘‘anonymous access’’ system, which
DATES:
30303. For access to the documents at
the Region 4 Library, contact the Region
4 Library Reference Desk at (404) 562–
8190, between the hours of 9:00 a.m. to
12:00 p.m., and between the hours of
1:00 p.m. to 4:00 p.m., Monday through
Friday, excluding Federal holidays, for
an appointment.
FOR FURTHER INFORMATION CONTACT:
Wade Lehmann, U.S. Environmental
Protection Agency, Region 4, Water
Division, Oceans and Estuarine
Management Section, 61 Forsyth Street
SW, Atlanta, Georgia 30303; phone
number (404) 562–8082; email:
Lehmann.Wade@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Potentially Affected Persons
Persons potentially affected by this
action include those who seek or might
seek permits or approval to dispose of
dredged material into ocean waters
pursuant to the MPRSA, 33 U.S.C. 1401
to 1445. The EPA’s proposed action
would be relevant to persons, including
organizations and government bodies
seeking to dispose of dredged material
in ocean waters offshore of Port
Everglades, Florida. Currently, the U.S.
Army Corps of Engineers (USACE)
would be most affected by this 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 projects, and other Federal agencies.
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.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding persons likely to
be affected by this proposed action. For
any questions regarding the
applicability of this proposed action to
a particular entity, please refer to the
contact person listed in the preceding
FOR FURTHER INFORMATION CONTACT
section.
II. Background
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means the 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 the 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the 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. For additional
information about the EPA’s public
docket visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: Publicly available docket
materials are available either
electronically at www.regulations.gov or
in hard copy during normal business
hours from the regional library at the
EPA, Region 4 Library, 9th Floor, 61
Forsyth Street SW, Atlanta, Georgia
14623
a. History of Disposal Sites Offshore of
Port Everglades, Florida
There is currently one designated
ODMDS off the coast of Port Everglades,
Florida. The existing Port Everglades
ODMDS is located three nautical miles
offshore of Fort Lauderdale. It is
currently 1.43 square nautical miles
(nmi2) in size. The Port Everglades
ODMDS received final designation in
2005.
The USACE Port Everglades District
and the EPA Region 4 have identified a
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need to either designate a new ODMDS
or modify the existing Port Everglades
ODMDS. The need for modifying
current ocean disposal capacity is based
on future capacity requirements,
historical dredging volumes, estimates
of dredging volumes for future proposed
projects, and limited capacity of upland
confined disposal facilities (CDFs) in
the area.
The EPA is proposing to modify, by
expansion, the existing Port Everglades
ODMDS rather than designate a new site
off the coast of Port Everglades for ocean
disposal of dredged material. The
proposed modification of the existing
Port Everglades ODMDS for dredged
material does not mean that the USACE
or the EPA has approved the use of the
existing Port Everglades ODMDS or a
modified Port Everglades ODMDS for
open water disposal of dredged material
from any specific project. Before any
person can ocean dump dredged
material at the existing Port Everglades
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ODMDS or a modified Port Everglades
ODMDS, the EPA and the USACE must
evaluate the project according to the
ocean dumping regulatory criteria (40
CFR 227) and the USACE must
authorize the disposal. Under section
103 of the MPRSA, the USACE is the
federal agency that decides whether to
issue a permit authorizing the ocean
disposal of dredged materials. In the
case of federal navigation projects, the
USACE may implement the MPRSA
directly in the USACE projects
involving ocean disposal of dredged
materials. The USACE relies on the
EPA’s ocean dumping criteria when
evaluating permit requests for (and
implementing federal projects
involving) the transportation of dredged
material for the purpose of dumping it
into ocean waters. MPRSA permits and
federal projects involving ocean
dumping of dredged material are subject
to the EPA’s review and concurrence in
accordance with 33 U.S.C. 1413(c). The
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EPA may concur with or without
conditions or decline to concur (i.e.,
non-concur) on the permit. If the EPA
concurs with conditions, the final
permit or authorization must include
those conditions. If EPA the declines to
concur, the USACE cannot issue the
permit for ocean dumping of dredged
material or authorize the disposal. This
action is supported by a Draft
Environmental Assessment (DEA),
which was provided for public notice
and comment in February 2020 and is
accessible at: https://www.epa.gov/
aboutepa/about-epa-region-4southeast#r4-public-notices.
b. Location and Configuration of the
Proposed Modified Port Everglades
ODMDS
This action proposes the modification
of the existing Port Everglades ODMDS.
The proposed modified ODMDS is in
-587 to -761 feet of water (-179 to -232
meters). The proposed modified
ODMDS would expand the existing Port
Everglades ODMDS from a size of
approximately 1.34 nmi2 to 3.21 nmi2 in
size. The location of the proposed
modified ODMDS is bounded by the
coordinates listed below. The proposed
coordinates for the site are in North
American Datum 83 (NAD 83):
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Proposed Modified Port Everglades
ODMDS
(A) 26°08.750′ N, 80°01.000′ W
(B) 26°08.750′ N, 80°02.578′ W
(C) 26°06.500′ N, 80°02.578′ W
(D) 26°06.500′ N, 80°01.000′ W
The proposed modification of the
existing ODMDS will allow the EPA to
adaptively manage the site to maximize
its capacity, minimize the potential for
mounding and loss of fine sediments
outside of the site, and minimize the
potential for any long-term adverse
effects to the marine environment.
c. Management and Monitoring of the
Site
The proposed modified ODMDS is
expected to receive dredged material
from the Federal navigation project at
Port Everglades Harbor, Florida, and
dredged material from other applicants
who obtain a permit for the disposal of
dredged material at the proposed
modified ODMDS. All persons using the
site will be required to follow the Site
Management and Monitoring Plan
(SMMP) for the ODMDS that is
specifically developed for the proposed
modified ODMDS. A draft SMMP for the
proposed modified ODMDS was noticed
for public review in January 2020 along
with the DEA and is accessible at:
https://www.epa.gov/aboutepa/aboutepa-region-4-southeast#r4-public-
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or other environmental conditions
during initial mixing caused by disposal
operations would be reduced to normal
ambient levels or undetectable
contaminant concentrations or effects
before reaching any beach, shoreline,
marine sanctuary, or known
geographically limited fishery or
shellfishery (40 CFR 228.5(b)).
The proposed ODMDS modification
area will be used for disposal of suitable
dredged material as determined by
Section 103 of the MPRSA. Based on the
USACE and EPA sediment testing and
evaluation procedures, disposal of
dredged maintenance material and
proposed new work material is not
expected to have any long-term impact
on water quality. The existing Port
Everglades ODMDS and proposed
modified ODMDS are located
sufficiently far from shore and fisheries
resources to allow temporary water
d. MPRSA Criteria
quality disturbances caused by disposal
In evaluating the proposed modified
of dredged material to be reduced to
ODMDS, the EPA assessed the site
ambient conditions before reaching any
according to the criteria of the MPRSA,
environmentally sensitive areas.
with emphasis on the general and
(c) The sizes of disposal sites will be
specific regulatory criteria of 40 CFR
limited in order to localize for
part 228, to determine whether the
identification and control any
proposed site designation satisfies those
immediate adverse impacts, and to
criteria. The EPA’s DEA provides an
permit the implementation of effective
extensive evaluation of the criteria and
monitoring and surveillance to prevent
other related factors for the modification
adverse long-range impacts. Size,
of the existing ODMDS.
configuration, and location are to be
General Criteria (40 CFR 228.5)
determined as part of the disposal site
(a) Sites must be selected to minimize evaluation (40 CFR 228.5(d)).
The location, size, and configuration
interference with other activities in the
of the proposed modified ODMDS
marine environment, particularly
provides long-term capacity, while also
avoiding areas of existing fisheries or
permitting effective site management,
shellfisheries, and regions of heavy
site monitoring, and limiting
commercial or recreational navigation
environmental impacts to the
(40 CFR 228.5(a)).
surrounding area to the greatest extent
Historically, an interim site located
practicable.
approximately 1.6 nautical miles from
Based on projected new work and
shore was used for ocean disposal of
maintenance dredging, and permitted
dredged material from Port Everglades
dredged material disposal needs, it is
Harbor but was discontinued in the
estimated that the proposed modified
1980s due to potential impacts of
ODMDS should be approximately 3.21
sediments on nearby coral reef
nmi2 in size to meet the anticipated
resources. The existing Port Everglades
Harbor ODMDS was designated in 2005 long-term disposal needs of the area.
This would provide the proposed
under Section 103 of the MPRSA, as
modified ODMDS with an estimated
there was no nearby EPA-designated
capacity of approximately 6.7 million
ODMDS. The evaluation for the 2005
cubic yards, which is sufficient to
designation included considerations of
manage risk, account for future
potential interference with other
unknown disposal operations from
activities in the marine environment
private entities, and provide a margin of
including avoiding areas of existing
navigation safety.
critical fisheries or shellfisheries, and
By adding approximately 2.2 nmi2 to
regions of heavy commercial or
the existing Port Everglades ODMDS,
recreational navigation. These
the total area of the proposed modified
evaluations were reconsidered from
Port Everglades ODMDS would be 3.21
2010 through to the present time as the
nmi2. An ODMDS of this size and
proposed modified ODMDS continued
capacity will provide a long-term ocean
to be assessed.
(b) Sites must be situated such that
disposal option for the greater Port
temporary perturbations to water quality Everglades area.
notices. The SMMP will be finalized by
the EPA Region 4 and the USACE
Jacksonville District following the
consideration of comments received.
The SMMP includes management and
monitoring requirements to ensure that
dredged materials disposed at the
proposed modified ODMDS are suitable
for disposal in the ocean and that
adverse impacts of disposal, if any, are
addressed to the maximum extent
practicable. This includes provisions to
avoid and minimize potential impacts to
coral reefs present near Port Everglades.
The SMMP for the proposed modified
ODMDS also addresses management of
the site to ensure adverse mounding and
dispersal of fine sediments does not
occur and ensures that disposal events
minimize interference with other uses of
ocean waters near the proposed
modified ODMDS.
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When determining the size of the
proposed site, the ability to implement
effective monitoring and surveillance
programs was considered to ensure that
the environment of the site could be
protected, and that navigational safety
would not be compromised by the
mounding of dredged material. An
SMMP is being developed and will be
implemented to determine if disposal at
the site is significantly affecting
adjacent areas and to detect the
presence of adverse effects. At a
minimum, the monitoring program will
consist of bathymetric surveys,
sediment grain size analysis, chemical
analysis of constituents of concern in
the sediments, and an assessment of the
constitution of the benthic community.
(d) EPA will, wherever feasible,
designate ocean dumping sites beyond
the edge of the continental shelf and
other such sites where historical
disposal has occurred (40 CFR 228.5(e)).
The existing Port Everglades ODMDS
and proposed expansion of the ODMDS
are beyond the edge of the continental
shelf.
Specific Criteria (40 CFR 228.6)
(1) Geographical Position, Depth of
Water, Bottom Topography and Distance
From Coast (40 CFR 228.6(a)(1))
The proposed modified ODMDS is on
the Florida Continental Slope, four
nautical miles offshore of Fort
Lauderdale, Florida. Water depths range
from -179 to -232 meters (-587 to -761
feet), with an average depth of 207
meters (-678 feet). Sediments consist of
sand with various mixtures of sand and
silts with scattered rubble hardbottom.
The DEA contains a map of the
proposed ODMDS modification. The
expansion retains the ODMDS off the
continental shelf in a range that is not
expected to allow sediments to travel to
nearby shore-associated coral reef
habitat.
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(2) Location in Relation to Breeding,
Spawning, Nursery, Feeding, or Passage
Areas of Living Resources in Adult or
Juvenile Phases (40 CFR 228.6(a)(2))
The proposed modified ODMDS has
been selected to avoid the presence of
any exclusive breeding, spawning,
nursery, feeding, or passage areas for
adult or juvenile phases of living
resources.
(3) Location in Relation to Beaches and
Other Amenity Areas (40 CFR
228.6(a)(3))
The center of the proposed modified
ODMDS is several miles from any
beaches or amenity areas. No significant
impacts to beaches or amenity areas
associated with the existing Port
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Everglades ODMDS have been detected.
The U.S. Navy has facilities south of the
ODMDS and were consulted to verify
that no impediments will exist with the
expanded ODMDS.
impacts. Bathymetric surveys will be
conducted routinely, and benthic
infauna and epibenthic organisms will
be monitored, as described in the SMMP
for the site.
(4) Types and Quantities of Wastes
Proposed To Be Disposed of, and
Proposed Methods of Release, Including
Methods of Packing the Waste, if any
(40 CFR 228.6(a)(4))
Only suitable dredged material that
meets the Ocean Dumping Criteria in 40
CFR 220–228 and receives a permit or
is otherwise authorized for dumping by
the USACE will be disposed in the
proposed modified ODMDS. Dredged
materials dumped in this area will be
primarily sand and rock with some fines
that originate from the Port Everglades
Harbor. Average yearly disposal of
dredged maintenance material into the
proposed modified ODMDS is expected
to be approximately 30,000 cubic yards
and variable volumes of new work
dredged material up to 6.7 million cubic
yards. None of the material is packaged
in any manner.
Under section 103 of the MPRSA, the
USACE is the federal agency that
decides whether to issue a permit
authorizing the ocean disposal of
dredged materials. In the case of federal
navigation projects involving ocean
disposal of dredged materials, the
USACE is subject to MPRSA, but does
not require a USACE permit. The
USACE relies on the EPA’s ocean
dumping criteria when evaluating
permit requests for (and implementing
federal projects involving) the
transportation of dredged material for
the purpose of dumping it into ocean
waters. MPRSA permits and federal
projects involving ocean dumping of
dredged material are subject to the
EPA’s review and concurrence. The EPA
may concur, with or without conditions,
or decline to concur on the permit, i.e.
non-concur. If the EPA concurs with
conditions, the final permit must
include those conditions. If the EPA
declines to concur (non-concurs) on an
ocean dumping permit for dredged
material, the USACE cannot issue the
permit.
(6) Dispersal, Horizontal Transport and
Vertical Mixing Characteristics of the
Area, Including Prevailing Current
Direction and Velocity, if any (40 CFR
228.6(a)(6))
Current velocities vary throughout the
water column and are subject to wind
and the Florida Current based
circulations which is generally
northerly with eddies occuring that
drive currents south. Currents measured
at nearby sites are predominantly to the
north or south on the order of 1–4 knots
(50–200 centimeters per second).
(5) Feasibility of Surveillance and
Monitoring (40 CFR 228.6(a)(5))
The EPA expects monitoring and
surveillance at the proposed modified
ODMDS to be feasible and readily
performed from ocean or regional class
research vessels. The area of the
proposed modified ODMDS has been
surveyed and sampled in 2004, 2007
and 2014. The EPA will monitor the site
for physical, biological and chemical
attributes as well as for potential
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(7) Existence and Effects of Current and
Previous Discharges and Dumping in
the Area (Including Cumulative Effects)
(40 CFR 228.6(a)(7))
Previous disposal of dredged material
in the existing Port Everglades ODMDS
has resulted in temporary increases in
suspended sediment concentrations
during disposal operations, burial of
benthic organisms within the site, and
slight changes in the abundance and
composition of benthic assemblages.
Short-term, long-term, and cumulative
effects of dredged material disposal in
the proposed modified ODMDS would
be similar to those for the existing Port
Everglades ODMDS, which are expected
to be temporary and return to baseline
over time.
(8) Interference With Shipping, Fishing,
Recreation, Mineral Extraction,
Desalination, Fish and Shellfish
Culture, Areas of Special Scientific
Importance and Other Legitimate Uses
of the Ocean (40 CFR 228.6(a)(8))
There will be minor, short-term
interferences with commercial and
recreational boat traffic during the
transport of dredged material to the
proposed modified ODMDS. The site
has not been identified as an area of
special scientific importance. There are
no aquaculture areas near the site. There
may be recreational fishing in the area.
The likelihood of direct interference
with these activities is low, provided
there is close communication and
coordination among users of the ocean
resources. The U.S. Navy, Fort
Lauderdale Branch, Naval Surface
Warfare Center range is located south of
the existing and proposed expanded
ODMDS. There will be no impact to
either U.S. Navy operations due to the
expansion of the ODMDS. The SMMP
for the proposed modified ODMDS
contains provisions for corrective
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measures if impacts to potential
hardbottom habitat related to dredged
material disposal are identified.
(9) The Existing Water Quality and
Ecology of the Sites as Determined by
Available Data or Trend Assessment of
Baseline Surveys (40 CFR 228.6(a)(9))
Water quality of the existing site is
typical of the Florida coast. Water and
sediment quality analyses conducted in
the vicinity of the proposed modified
ODMDS and experience with past
disposals in the existing Port Everglades
ODMDS have not identified any adverse
water quality impacts from ocean
disposal of dredged material. The site
supports benthic and epibenthic fauna
characteristic of the region.
(10) Potentiality for the Development or
Recruitment of Nuisance Species in the
Disposal Site (40 CFR 228.6(a)(10))
Nuisance species, considered as any
undesirable organism not previously
existing at a location, have not been
observed at, or in the vicinity of, the
proposed modified ODMDS. Disposal of
dredged material, as well as monitoring,
has been ongoing for the past 14 years.
Nuisance species have not been found.
The dredged material to be disposed at
the ODMDS is expected to be from
similar locations to those dredged
previously; therefore, it expected that
any benthic organisms transported to
the site would be relatively similar in
nature to those already present.
(11) Existence at or in Close Proximity
to the Site of any Significant Natural or
Cultural Feature of Historical
Importance (40 CFR 228.6(a)(11))
A maritime survey of this site was
conducted in 2013 to identify areas of
potential hardbottom resources as well
as any historical artifacts. These efforts
showed the presence of only two
anomalies that when investigated were
not likely to be indicative of potential
historical or natural features. Wreckage
from one modern sailing vessel was
potentially identified in the northeast
corner of the site. Scattered rubble
hardbottom habitat was potentially
identified within the expanded
footprint.
The SMMP for the ODMDS contains
measures to monitor potential identified
resources.
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III. Environmental Statutory Review
a. National Environmental Policy Act
(NEPA)
The EPA’s primary voluntary NEPA
document for expanding the existing
Port Everglades ODMDS is the DEA,
prepared by the EPA in cooperation
with the USACE and issued for public
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review and comment in January 2020.
Anyone desiring a copy of the DEA may
access it at https://www.epa.gov/
aboutepa/about-epa-region-4southeast#r4-public-notices, or obtain a
copy from the address given above. The
DEA issued in January 2020 amends a
DEA that was previously issued for
public review and comment in August
2013 to capture prior corresponding
agency comments. Any comments
received regarding the DEA issued in
January 2020 will be provided in the
Final Environmental Assessment for
this proposed action. The DEA and its
Appendices provide the threshold
environmental review for modification
of the ODMDS. The information from
the DEA is used above in the discussion
of the ocean dumping criteria.
The proposed action discussed in the
DEA is the permanent designation of a
modified ODMDS offshore Port
Everglades, Florida. The purpose of the
proposed action is to provide an
environmentally acceptable option for
the ocean disposal of dredged material.
The need for the proposed modified
ODMDS is based on a demonstrated
USACE need for ocean disposal of
dredged material from the Port
Everglades Harbor Federal Navigation
Project, including the deepening and
widening portions of the Project. The
need for ocean disposal for these and
other future projects, and the suitability
of the material for ocean disposal, will
be determined on a case-by-case basis as
part of the USACE process for reviewing
ocean disposal actions and a public
review process for its own actions to
ocean dump dredged material from
federal projects. These permit/
authorization evaluations will include
evaluation of disposal alternatives.
The DEA discusses the need for the
proposed modified ODMDS and
examines ocean disposal site
alternatives to the proposed actions. The
need for expanding the existing Port
Everglades ODMDS is based on future
capacity modeling, movement of fine
sediments in the Miami ODMDS which
correlate to this site, estimated dredging
volumes for proposed projects, and
limited capacity of upland disposal
facilities in the area. Other options were
considered nearer to the Port, but the
other options were discarded due to
potential impacts to protected coral
resources. The following three ocean
disposal alternatives were considered in
the DEA.
No Action Alternative
The No Action Alternative is defined
as not modifying the size of the existing
Port Everglades ODMDS.
Implementation of this alternative
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would not address the need for an
adequately sized ocean dump site to
accommodate future ocean disposal of
dredging projections. As a result, the No
Action Alternative does not meet the
proposed action’s purpose and need.
However, the No Action Alternative was
evaluated in the DEA as a basis to
compare the effects of the other
alternatives considered.
Alternative 1: Modification of the
Existing Port Everglades ODMDS To
Encompass a 3.21 nmi2 Area in a NorthSouth Orientation (Preferred
Alternative)
Modification of the existing Port
Everglades ODMDS to encompass a 3.21
nmi2 area as described above is the
environmentally and operationally
preferred alternative and considered the
most viable option. The existing Port
Everglades ODMDS is relatively small
and has a limited capacity. Modifying
the existing Port Everglades ODMDS to
increase capacity would sustain the
disposal needs associated with: The
federally authorized Port Everglades
Harbor sand bypass and navigation
projects; authorized maintenance
dredging; and potential future private
interests. It is the most feasible option
based on containing dredged material
from disposal operations while
impacting the least potential
hardbottom habitat. A detailed
justification for this preferred
alternative is included in Section 2 in
the DEA.
Alternative 2: Modification of the
Existing Port Everglades ODMDS To
Encompass a 2.89 nmi2 Area in an EastWest Orientation
In order to inform viable options for
expanding the existing site, the EPA
evaluated the data and information
included in the September 2013
Evaluation of Dredged Material
Behavior at the Port Everglades Harbor
Federal Project Ocean Dredged Material
Disposal Site. The EPA specifically
considered the option of expanding the
site in an east-west orientation.
Although designating an expanded
ODMDS in an east-west orientation
would provide adequate site capacity,
there is the possibility that disposal to
a site within this orientation would
result in a higher level of impact to
hardbottom habitat. As described in the
DEA, a site more adequately protective
of potential hardbottom areas was
selected as the preferred alternative
(Alternative 1).
b. Magnuson-Stevens Act
The USACE, in conjunction with
EPA, submitted an Essential Fish
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Habitat (EFH) assessment, pursuant to
Section 305(b), 16 U.S.C. 1855(b)(2), of
the Magnuson-Stevens Act, as amended
(MSA), 16 U.S.C. 1801 to 1891d, to the
National Marine Fisheries Service
(NMFS). The USACE determined that
the modification of the existing Port
Everglades ODMDS will not
significantly affect managed species or
EFH; however, underwater surveys are
being conducted to verify conclusions.
Discussions with the NMFS are ongoing,
and consultation will be completed
prior to finalization of the rule.
c. Coastal Zone Management Act
Pursuant to an Office of Water policy
memorandum dated October 23, 1989,
the EPA has evaluated the proposed site
designations for consistency with the
State of Florida’s (the State) approved
coastal zone management program. On
behalf of the EPA, the USACE,
Jacksonville District determined that the
proposed action is consistent with the
Florida Coastal Management Program to
the maximum extent practicable.
Florida Department of Environmental
Protection (FLDEP) issued Coastal Zone
Consistency for the Port Everglades
ODMDS on April 29, 2011. The EPA is
communicating with the State of Florida
to determine appropriate next steps to
ensure consistency with the Coastal
Zone Management Act.
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d. Endangered Species Act
The Endangered Species Act (ESA), as
amended, 16 U.S.C. 1531 to 1544,
requires federal agencies to consult with
NMFS and the U.S. Fish and Wildlife
Service to ensure that any action
authorized, funded, or carried out by the
federal agency is not likely to jeopardize
the continued existence of any
endangered species or threatened
species or result in the destruction or
adverse modification of any critical
habitat. The EPA is opting to address
consultation pursuant to ESA Section
7(d) due to the expected publication of
an updated Biological Opinion for the
South Atlantic District of the U.S. Army
Corps of Engineers, which is expected to
address the species to which this action
may apply.
e. National Historic Preservation Act
The National Historic Preservation
Act (NHPA), 16 U.S.C. 470 to 470a–2,
requires federal agencies to consider the
effect of their actions on districts, sites,
buildings, structures, or objects,
included in, or eligible for inclusion in
the National Register of Historic Places
(NRHP). The depths of the ODMDS
(greater than 700 feet depth) exclude
potential habitation or resources related
to human settlements. In a letter dated
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February 4, 2013, the Florida
Department of State concurred with the
determination that no historic
properties would be affected by the
expansion of the ODMDS. The EPA is in
communication with the State of Florida
to determine whether any additional
information has become available that
may warrant changes to their 2013
determination.
IV. Statutory and Executive Order
Reviews
This rule proposes to modify the Port
Everglades ODMDS pursuant to Section
102 of the MPRSA. This proposed
action complies with applicable
executive orders and statutory
provisions as follows:
a. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This proposed action is not a
‘‘significant regulatory action’’ under
the terms of Executive Order 12866 (58
FR 51735, October 4, 1993) and is
therefore not subject to review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011).
b. Executive Order 13089: Coral Reef
Protection
This proposed action considers
Executive Order 13089 on Coral Reef
Protection ‘‘to preserve and protect the
biodiversity, health, heritage, and social
and economic value of U.S. coral reef
ecosystems and the marine
environment.’’ Conditions are present in
the SMMP which are designed to reduce
potential impacts from sediments
during transit to the ODMDS.
c. Paperwork Reduction Act
This proposed action 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 proposed site designation, does not
require persons to obtain, maintain,
retain, report, or publicly disclose
information to or for a federal agency.
d. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires federal agencies 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
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14627
governmental jurisdictions. For
purposes of assessing the impacts of this
rule on small entities, small entity is
defined as: (1) A small business defined
by the Small Business Administration’s
size regulations at 13 CFR 121.201; (2)
a small governmental jurisdiction that is
a government of a city, county, town,
school district, or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. The EPA
determined that this proposed action
will not have a significant economic
impact on small entities because the
proposed rule will only have the effect
of regulating the location of site to be
used for the disposal of dredged
material in ocean waters. After
considering the economic impacts of
this proposed rule, the EPA certifies that
this proposed action will not have a
significant economic impact on a
substantial number of small entities.
e. Unfunded Mandates Reform Act
This proposed action contains no
federal mandates under the provisions
of Title II of the Unfunded Mandates
Reform Act (UMRA) of 1995, 2 U.S.C.
1531 to 1538, for State, local, or tribal
governments or the private sector. This
proposed action imposes no new
enforceable duty on any State, local or
tribal governments or the private sector.
Therefore, this proposed action is not
subject to the requirements of sections
202 or 205 of the UMRA. This proposed
action is also not subject to the
requirements of section 203 of the
UMRA because it contains no regulatory
requirements that might significantly or
uniquely affect small government
entities. Those entities are already
subject to existing permitting
requirements for the disposal of dredged
material in ocean waters.
f. Executive Order 13132: Federalism
This proposed action does not have
federalism implications. It does 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 various levels of
government, as specified in Executive
Order 13132. Thus, Executive Order
13132 does not apply to this proposed
action. In the spirit of Executive Order
13132, and consistent with the EPA
policy to promote communications
between the EPA and State and local
governments, the EPA specifically
solicited comments on this proposed
action from State and local officials.
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g. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This proposed action does not have
tribal implications, as specified in
Executive Order 13175 because the
modification of the existing Port
Everglades ODMDS will not have a
direct effect on Indian Tribes, on the
relationship between the federal
government and Indian Tribes, or on the
distribution of power and
responsibilities between the federal
government and Indian Tribes. In
addition, the depths of the ODMDS
(greater than 700 feet depth) exclude
potential habitation or resources related
to human settlements. Thus, Executive
Order 13175 does not apply to this
action. However, the EPA specifically
welcomes comments on this proposed
action from tribal officials and any
comments related to this Executive
Order.
h. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern health or
safety risks, such that the analysis
required under Section 5–501 of the
Executive Order has the potential to
influence the regulation. This proposed
action is not subject to Executive Order
13045 because it does not establish an
environmental standard intended to
mitigate health or safety risks. However,
the EPA welcomes comments on this
proposed action related to this
Executive Order.
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i. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed action is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355)
because it is not a ‘‘significant
regulatory action’’ as defined under
Executive Order 12866. However, we
welcome comments on this proposed
action related to this Executive Order.
j. National Technology Transfer and
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), directs the
EPA to use voluntary consensus
standards in its regulatory activities
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unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus bodies. The
NTTAA directs the EPA to provide
Congress, through Office of Management
and Budget, explanations when the
Agency decides not to use available and
applicable voluntary consensus
standards. This proposed action
includes environmental monitoring and
measurement as described in the EPA’s
proposed SMMP. The EPA will not
require the use of specific, prescribed
analytic methods for monitoring and
managing the proposed modified
ODMDS. The Agency plans to allow the
use of any method, whether it
constitutes a voluntary consensus
standard or not, that meets the
monitoring and measurement criteria
discussed in the SMMP. The EPA
welcomes comments on this aspect of
the proposed rulemaking and,
specifically, invites the public to
identify potentially applicable voluntary
consensus standards and to explain why
such standards should be used in this
proposed action.
k. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629)
establishes federal executive policy on
environmental justice. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. The
EPA determined that this proposed rule
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. The EPA has assessed the
overall protectiveness of modifying the
existing Port Everglades ODMDS against
the criteria established pursuant to the
MPRSA to ensure that any adverse
impact to the environment will be
mitigated to the greatest extent
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practicable. The EPA welcomes
comments on this proposed action
related to this Executive Order.
List of Subjects in 40 CFR Part 228
Environmental protection, Water
pollution control.
Authority: This action is issued under the
authority of Section 102 of the Marine
Protection, Research, and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412.
Dated: February 18, 2020.
Mary S. Walker,
Regional Administrator, EPA Region 4.
For the reasons set out in the
preamble, the EPA proposes to amend
chapter I, title 40 of the Code of Federal
Register as follows:
PART 228—CRITERIA FOR THE
MANAGEMENT OF DISPOSAL SITES
FOR OCEAN DUMPING
1. The authority citation for part 228
continues to read as follows:
■
Authority: 33 U.S.C. 1412 and 1418.
2. Section 228.15 is amended by
revising paragraphs (h)(14)(i) through
(iii) and (vi) to read as follows:
■
§ 228.15 Dumping sites designated on a
final basis.
*
*
*
*
*
(h) * * *
(14) * * *
(i) Location: Corner Coordinates (NAD
1983) 26° 06.500′, 80° 01.000′; 26°
06.500′, 80° 02.578′; 26° 08.750, 80°
02.578′; 26° 08.750′, 80° 01.000′.
(ii) Size: Approximately 2.31 square
nautical miles in size.
(iii) Depth: Ranges from
approximately 587 to 761 feet (179 to
232 meters).
*
*
*
*
*
(vi) Restrictions: (A) Disposal shall be
limited to dredged material from the
Port Everglades, Florida area;
(B) Disposal shall be limited to
dredged material determined to be
suitable for ocean disposal according to
40 CFR 220–228;
(C) Disposal shall be managed by the
restrictions and requirements contained
in the currently approved Site
Management and Monitoring Plan
(SMMP);
(D) Monitoring, as specified in the
currently approved SMMP, is required.
*
*
*
*
*
[FR Doc. 2020–04650 Filed 3–12–20; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Proposed Rules]
[Pages 14622-14628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04650]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R04-OW-2020-0056; FRL-10006-07-Region 4]
Ocean Dumping: Modification of an Ocean Dredged Material Disposal
Site Offshore of Port Everglades, Florida
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a modification of the existing EPA designated ocean dredged
material disposal site (ODMDS) offshore of Port Everglades, Florida
(referred to hereafter as the existing Port Everglades ODMDS) pursuant
to the Marine Protection, Research and Sanctuaries Act, as amended
(MPRSA). The primary purpose for the site modification is to enlarge
the site to serve the long-term need for a location to dispose of
suitable material dredged from the Port Everglades Harbor and for the
disposal of suitable dredged material for persons who receive a MPRSA
permit for such disposal. The modified site will be subject to
monitoring and management to ensure continued protection of the marine
environment.
[[Page 14623]]
DATES: Written comments must be received on or before April 13, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OW-2020-0056, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments and accessing the docket and materials related to
this proposed rule.
Email: [email protected].
Mail: Wade Lehmann, U.S. Environmental Protection Agency,
Region 4, Water Division, Oceans and Estuarine Management Section, 61
Forsyth Street SW, Atlanta, Georgia 30303.
Instructions: Direct your comments to Docket ID No. EPA-R04-OW-
2020-0056. The 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 through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov website is an
``anonymous access'' system, which means the 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 the 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, the 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 the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
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. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: Publicly available docket materials are available either
electronically at www.regulations.gov or in hard copy during normal
business hours from the regional library at the EPA, Region 4 Library,
9th Floor, 61 Forsyth Street SW, Atlanta, Georgia 30303. For access to
the documents at the Region 4 Library, contact the Region 4 Library
Reference Desk at (404) 562-8190, between the hours of 9:00 a.m. to
12:00 p.m., and between the hours of 1:00 p.m. to 4:00 p.m., Monday
through Friday, excluding Federal holidays, for an appointment.
FOR FURTHER INFORMATION CONTACT: Wade Lehmann, U.S. Environmental
Protection Agency, Region 4, Water Division, Oceans and Estuarine
Management Section, 61 Forsyth Street SW, Atlanta, Georgia 30303; phone
number (404) 562-8082; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Potentially Affected Persons
Persons potentially affected by this action include those who seek
or might seek permits or approval to dispose of dredged material into
ocean waters pursuant to the MPRSA, 33 U.S.C. 1401 to 1445. The EPA's
proposed action would be relevant to persons, including organizations
and government bodies seeking to dispose of dredged material in ocean
waters offshore of Port Everglades, Florida. Currently, the U.S. Army
Corps of Engineers (USACE) would be most affected by this action.
Potentially affected categories and persons include:
------------------------------------------------------------------------
Examples of potentially regulated
Category persons
------------------------------------------------------------------------
Federal Government................ USACE Civil Works projects, and
other Federal agencies.
Industry and general public....... Port authorities, marinas and
harbors, shipyards and marine
repair facilities, berth owners.
State, local and tribal Governments owning and/or
governments. responsible for 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
proposed action. For any questions regarding the applicability of this
proposed action to a particular entity, please refer to the contact
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
II. Background
a. History of Disposal Sites Offshore of Port Everglades, Florida
There is currently one designated ODMDS off the coast of Port
Everglades, Florida. The existing Port Everglades ODMDS is located
three nautical miles offshore of Fort Lauderdale. It is currently 1.43
square nautical miles (nmi\2\) in size. The Port Everglades ODMDS
received final designation in 2005.
The USACE Port Everglades District and the EPA Region 4 have
identified a need to either designate a new ODMDS or modify the
existing Port Everglades ODMDS. The need for modifying current ocean
disposal capacity is based on future capacity requirements, historical
dredging volumes, estimates of dredging volumes for future proposed
projects, and limited capacity of upland confined disposal facilities
(CDFs) in the area.
The EPA is proposing to modify, by expansion, the existing Port
Everglades ODMDS rather than designate a new site off the coast of Port
Everglades for ocean disposal of dredged material. The proposed
modification of the existing Port Everglades ODMDS for dredged material
does not mean that the USACE or the EPA has approved the use of the
existing Port Everglades ODMDS or a modified Port Everglades ODMDS for
open water disposal of dredged material from any specific project.
Before any person can ocean dump dredged material at the existing Port
Everglades ODMDS or a modified Port Everglades ODMDS, the EPA and the
USACE must evaluate the project according to the ocean dumping
regulatory criteria (40 CFR 227) and the USACE must authorize the
disposal. Under section 103 of the MPRSA, the USACE is the federal
agency that decides whether to issue a permit authorizing the ocean
disposal of dredged materials. In the case of federal navigation
projects, the USACE may implement the MPRSA directly in the USACE
projects involving ocean disposal of dredged materials. The USACE
relies on the EPA's ocean dumping criteria when evaluating permit
requests for (and implementing federal projects involving) the
transportation of dredged material for the purpose of dumping it into
ocean waters. MPRSA permits and federal projects involving ocean
dumping of dredged material are subject to the EPA's review and
concurrence in accordance with 33 U.S.C. 1413(c). The
[[Page 14624]]
EPA may concur with or without conditions or decline to concur (i.e.,
non-concur) on the permit. If the EPA concurs with conditions, the
final permit or authorization must include those conditions. If EPA the
declines to concur, the USACE cannot issue the permit for ocean dumping
of dredged material or authorize the disposal. This action is supported
by a Draft Environmental Assessment (DEA), which was provided for
public notice and comment in February 2020 and is accessible at:
https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices.
b. Location and Configuration of the Proposed Modified Port Everglades
ODMDS
This action proposes the modification of the existing Port
Everglades ODMDS. The proposed modified ODMDS is in -587 to -761 feet
of water (-179 to -232 meters). The proposed modified ODMDS would
expand the existing Port Everglades ODMDS from a size of approximately
1.34 nmi\2\ to 3.21 nmi\2\ in size. The location of the proposed
modified ODMDS is bounded by the coordinates listed below. The proposed
coordinates for the site are in North American Datum 83 (NAD 83):
Proposed Modified Port Everglades ODMDS
(A) 26[deg]08.750' N, 80[deg]01.000' W
(B) 26[deg]08.750' N, 80[deg]02.578' W
(C) 26[deg]06.500' N, 80[deg]02.578' W
(D) 26[deg]06.500' N, 80[deg]01.000' W
The proposed modification of the existing ODMDS will allow the EPA
to adaptively manage the site to maximize its capacity, minimize the
potential for mounding and loss of fine sediments outside of the site,
and minimize the potential for any long-term adverse effects to the
marine environment.
c. Management and Monitoring of the Site
The proposed modified ODMDS is expected to receive dredged material
from the Federal navigation project at Port Everglades Harbor, Florida,
and dredged material from other applicants who obtain a permit for the
disposal of dredged material at the proposed modified ODMDS. All
persons using the site will be required to follow the Site Management
and Monitoring Plan (SMMP) for the ODMDS that is specifically developed
for the proposed modified ODMDS. A draft SMMP for the proposed modified
ODMDS was noticed for public review in January 2020 along with the DEA
and is accessible at: https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices. The SMMP will be finalized by the EPA
Region 4 and the USACE Jacksonville District following the
consideration of comments received. The SMMP includes management and
monitoring requirements to ensure that dredged materials disposed at
the proposed modified ODMDS are suitable for disposal in the ocean and
that adverse impacts of disposal, if any, are addressed to the maximum
extent practicable. This includes provisions to avoid and minimize
potential impacts to coral reefs present near Port Everglades. The SMMP
for the proposed modified ODMDS also addresses management of the site
to ensure adverse mounding and dispersal of fine sediments does not
occur and ensures that disposal events minimize interference with other
uses of ocean waters near the proposed modified ODMDS.
d. MPRSA Criteria
In evaluating the proposed modified ODMDS, the EPA assessed the
site according to the criteria of the MPRSA, with emphasis on the
general and specific regulatory criteria of 40 CFR part 228, to
determine whether the proposed site designation satisfies those
criteria. The EPA's DEA provides an extensive evaluation of the
criteria and other related factors for the modification of the existing
ODMDS.
General Criteria (40 CFR 228.5)
(a) Sites must be selected to minimize interference with other
activities in the marine environment, particularly avoiding areas of
existing fisheries or shellfisheries, and regions of heavy commercial
or recreational navigation (40 CFR 228.5(a)).
Historically, an interim site located approximately 1.6 nautical
miles from shore was used for ocean disposal of dredged material from
Port Everglades Harbor but was discontinued in the 1980s due to
potential impacts of sediments on nearby coral reef resources. The
existing Port Everglades Harbor ODMDS was designated in 2005 under
Section 103 of the MPRSA, as there was no nearby EPA-designated ODMDS.
The evaluation for the 2005 designation included considerations of
potential interference with other activities in the marine environment
including avoiding areas of existing critical fisheries or
shellfisheries, and regions of heavy commercial or recreational
navigation. These evaluations were reconsidered from 2010 through to
the present time as the proposed modified ODMDS continued to be
assessed.
(b) Sites must be situated such that temporary perturbations to
water quality or other environmental conditions during initial mixing
caused by disposal operations would be reduced to normal ambient levels
or undetectable contaminant concentrations or effects before reaching
any beach, shoreline, marine sanctuary, or known geographically limited
fishery or shellfishery (40 CFR 228.5(b)).
The proposed ODMDS modification area will be used for disposal of
suitable dredged material as determined by Section 103 of the MPRSA.
Based on the USACE and EPA sediment testing and evaluation procedures,
disposal of dredged maintenance material and proposed new work material
is not expected to have any long-term impact on water quality. The
existing Port Everglades ODMDS and proposed modified ODMDS are located
sufficiently far from shore and fisheries resources to allow temporary
water quality disturbances caused by disposal of dredged material to be
reduced to ambient conditions before reaching any environmentally
sensitive areas.
(c) The sizes of disposal sites will be limited in order to
localize for identification and control any immediate adverse impacts,
and to permit the implementation of effective monitoring and
surveillance to prevent adverse long-range impacts. Size,
configuration, and location are to be determined as part of the
disposal site evaluation (40 CFR 228.5(d)).
The location, size, and configuration of the proposed modified
ODMDS provides long-term capacity, while also permitting effective site
management, site monitoring, and limiting environmental impacts to the
surrounding area to the greatest extent practicable.
Based on projected new work and maintenance dredging, and permitted
dredged material disposal needs, it is estimated that the proposed
modified ODMDS should be approximately 3.21 nmi\2\ in size to meet the
anticipated long-term disposal needs of the area. This would provide
the proposed modified ODMDS with an estimated capacity of approximately
6.7 million cubic yards, which is sufficient to manage risk, account
for future unknown disposal operations from private entities, and
provide a margin of navigation safety.
By adding approximately 2.2 nmi\2\ to the existing Port Everglades
ODMDS, the total area of the proposed modified Port Everglades ODMDS
would be 3.21 nmi\2\. An ODMDS of this size and capacity will provide a
long-term ocean disposal option for the greater Port Everglades area.
[[Page 14625]]
When determining the size of the proposed site, the ability to
implement effective monitoring and surveillance programs was considered
to ensure that the environment of the site could be protected, and that
navigational safety would not be compromised by the mounding of dredged
material. An SMMP is being developed and will be implemented to
determine if disposal at the site is significantly affecting adjacent
areas and to detect the presence of adverse effects. At a minimum, the
monitoring program will consist of bathymetric surveys, sediment grain
size analysis, chemical analysis of constituents of concern in the
sediments, and an assessment of the constitution of the benthic
community.
(d) EPA will, wherever feasible, designate ocean dumping sites
beyond the edge of the continental shelf and other such sites where
historical disposal has occurred (40 CFR 228.5(e)).
The existing Port Everglades ODMDS and proposed expansion of the
ODMDS are beyond the edge of the continental shelf.
Specific Criteria (40 CFR 228.6)
(1) Geographical Position, Depth of Water, Bottom Topography and
Distance From Coast (40 CFR 228.6(a)(1))
The proposed modified ODMDS is on the Florida Continental Slope,
four nautical miles offshore of Fort Lauderdale, Florida. Water depths
range from -179 to -232 meters (-587 to -761 feet), with an average
depth of 207 meters (-678 feet). Sediments consist of sand with various
mixtures of sand and silts with scattered rubble hardbottom. The DEA
contains a map of the proposed ODMDS modification. The expansion
retains the ODMDS off the continental shelf in a range that is not
expected to allow sediments to travel to nearby shore-associated coral
reef habitat.
(2) Location in Relation to Breeding, Spawning, Nursery, Feeding, or
Passage Areas of Living Resources in Adult or Juvenile Phases (40 CFR
228.6(a)(2))
The proposed modified ODMDS has been selected to avoid the presence
of any exclusive breeding, spawning, nursery, feeding, or passage areas
for adult or juvenile phases of living resources.
(3) Location in Relation to Beaches and Other Amenity Areas (40 CFR
228.6(a)(3))
The center of the proposed modified ODMDS is several miles from any
beaches or amenity areas. No significant impacts to beaches or amenity
areas associated with the existing Port Everglades ODMDS have been
detected. The U.S. Navy has facilities south of the ODMDS and were
consulted to verify that no impediments will exist with the expanded
ODMDS.
(4) Types and Quantities of Wastes Proposed To Be Disposed of, and
Proposed Methods of Release, Including Methods of Packing the Waste, if
any (40 CFR 228.6(a)(4))
Only suitable dredged material that meets the Ocean Dumping
Criteria in 40 CFR 220-228 and receives a permit or is otherwise
authorized for dumping by the USACE will be disposed in the proposed
modified ODMDS. Dredged materials dumped in this area will be primarily
sand and rock with some fines that originate from the Port Everglades
Harbor. Average yearly disposal of dredged maintenance material into
the proposed modified ODMDS is expected to be approximately 30,000
cubic yards and variable volumes of new work dredged material up to 6.7
million cubic yards. None of the material is packaged in any manner.
Under section 103 of the MPRSA, the USACE is the federal agency
that decides whether to issue a permit authorizing the ocean disposal
of dredged materials. In the case of federal navigation projects
involving ocean disposal of dredged materials, the USACE is subject to
MPRSA, but does not require a USACE permit. The USACE relies on the
EPA's ocean dumping criteria when evaluating permit requests for (and
implementing federal projects involving) the transportation of dredged
material for the purpose of dumping it into ocean waters. MPRSA permits
and federal projects involving ocean dumping of dredged material are
subject to the EPA's review and concurrence. The EPA may concur, with
or without conditions, or decline to concur on the permit, i.e. non-
concur. If the EPA concurs with conditions, the final permit must
include those conditions. If the EPA declines to concur (non-concurs)
on an ocean dumping permit for dredged material, the USACE cannot issue
the permit.
(5) Feasibility of Surveillance and Monitoring (40 CFR 228.6(a)(5))
The EPA expects monitoring and surveillance at the proposed
modified ODMDS to be feasible and readily performed from ocean or
regional class research vessels. The area of the proposed modified
ODMDS has been surveyed and sampled in 2004, 2007 and 2014. The EPA
will monitor the site for physical, biological and chemical attributes
as well as for potential impacts. Bathymetric surveys will be conducted
routinely, and benthic infauna and epibenthic organisms will be
monitored, as described in the SMMP for the site.
(6) Dispersal, Horizontal Transport and Vertical Mixing Characteristics
of the Area, Including Prevailing Current Direction and Velocity, if
any (40 CFR 228.6(a)(6))
Current velocities vary throughout the water column and are subject
to wind and the Florida Current based circulations which is generally
northerly with eddies occuring that drive currents south. Currents
measured at nearby sites are predominantly to the north or south on the
order of 1-4 knots (50-200 centimeters per second).
(7) Existence and Effects of Current and Previous Discharges and
Dumping in the Area (Including Cumulative Effects) (40 CFR 228.6(a)(7))
Previous disposal of dredged material in the existing Port
Everglades ODMDS has resulted in temporary increases in suspended
sediment concentrations during disposal operations, burial of benthic
organisms within the site, and slight changes in the abundance and
composition of benthic assemblages. Short-term, long-term, and
cumulative effects of dredged material disposal in the proposed
modified ODMDS would be similar to those for the existing Port
Everglades ODMDS, which are expected to be temporary and return to
baseline over time.
(8) Interference With Shipping, Fishing, Recreation, Mineral
Extraction, Desalination, Fish and Shellfish Culture, Areas of Special
Scientific Importance and Other Legitimate Uses of the Ocean (40 CFR
228.6(a)(8))
There will be minor, short-term interferences with commercial and
recreational boat traffic during the transport of dredged material to
the proposed modified ODMDS. The site has not been identified as an
area of special scientific importance. There are no aquaculture areas
near the site. There may be recreational fishing in the area. The
likelihood of direct interference with these activities is low,
provided there is close communication and coordination among users of
the ocean resources. The U.S. Navy, Fort Lauderdale Branch, Naval
Surface Warfare Center range is located south of the existing and
proposed expanded ODMDS. There will be no impact to either U.S. Navy
operations due to the expansion of the ODMDS. The SMMP for the proposed
modified ODMDS contains provisions for corrective
[[Page 14626]]
measures if impacts to potential hardbottom habitat related to dredged
material disposal are identified.
(9) The Existing Water Quality and Ecology of the Sites as Determined
by Available Data or Trend Assessment of Baseline Surveys (40 CFR
228.6(a)(9))
Water quality of the existing site is typical of the Florida coast.
Water and sediment quality analyses conducted in the vicinity of the
proposed modified ODMDS and experience with past disposals in the
existing Port Everglades ODMDS have not identified any adverse water
quality impacts from ocean disposal of dredged material. The site
supports benthic and epibenthic fauna characteristic of the region.
(10) Potentiality for the Development or Recruitment of Nuisance
Species in the Disposal Site (40 CFR 228.6(a)(10))
Nuisance species, considered as any undesirable organism not
previously existing at a location, have not been observed at, or in the
vicinity of, the proposed modified ODMDS. Disposal of dredged material,
as well as monitoring, has been ongoing for the past 14 years. Nuisance
species have not been found. The dredged material to be disposed at the
ODMDS is expected to be from similar locations to those dredged
previously; therefore, it expected that any benthic organisms
transported to the site would be relatively similar in nature to those
already present.
(11) Existence at or in Close Proximity to the Site of any Significant
Natural or Cultural Feature of Historical Importance (40 CFR
228.6(a)(11))
A maritime survey of this site was conducted in 2013 to identify
areas of potential hardbottom resources as well as any historical
artifacts. These efforts showed the presence of only two anomalies that
when investigated were not likely to be indicative of potential
historical or natural features. Wreckage from one modern sailing vessel
was potentially identified in the northeast corner of the site.
Scattered rubble hardbottom habitat was potentially identified within
the expanded footprint.
The SMMP for the ODMDS contains measures to monitor potential
identified resources.
III. Environmental Statutory Review
a. National Environmental Policy Act (NEPA)
The EPA's primary voluntary NEPA document for expanding the
existing Port Everglades ODMDS is the DEA, prepared by the EPA in
cooperation with the USACE and issued for public review and comment in
January 2020. Anyone desiring a copy of the DEA may access it at
https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices, or obtain a copy from the address given above. The DEA issued
in January 2020 amends a DEA that was previously issued for public
review and comment in August 2013 to capture prior corresponding agency
comments. Any comments received regarding the DEA issued in January
2020 will be provided in the Final Environmental Assessment for this
proposed action. The DEA and its Appendices provide the threshold
environmental review for modification of the ODMDS. The information
from the DEA is used above in the discussion of the ocean dumping
criteria.
The proposed action discussed in the DEA is the permanent
designation of a modified ODMDS offshore Port Everglades, Florida. The
purpose of the proposed action is to provide an environmentally
acceptable option for the ocean disposal of dredged material. The need
for the proposed modified ODMDS is based on a demonstrated USACE need
for ocean disposal of dredged material from the Port Everglades Harbor
Federal Navigation Project, including the deepening and widening
portions of the Project. The need for ocean disposal for these and
other future projects, and the suitability of the material for ocean
disposal, will be determined on a case-by-case basis as part of the
USACE process for reviewing ocean disposal actions and a public review
process for its own actions to ocean dump dredged material from federal
projects. These permit/authorization evaluations will include
evaluation of disposal alternatives.
The DEA discusses the need for the proposed modified ODMDS and
examines ocean disposal site alternatives to the proposed actions. The
need for expanding the existing Port Everglades ODMDS is based on
future capacity modeling, movement of fine sediments in the Miami ODMDS
which correlate to this site, estimated dredging volumes for proposed
projects, and limited capacity of upland disposal facilities in the
area. Other options were considered nearer to the Port, but the other
options were discarded due to potential impacts to protected coral
resources. The following three ocean disposal alternatives were
considered in the DEA.
No Action Alternative
The No Action Alternative is defined as not modifying the size of
the existing Port Everglades ODMDS. Implementation of this alternative
would not address the need for an adequately sized ocean dump site to
accommodate future ocean disposal of dredging projections. As a result,
the No Action Alternative does not meet the proposed action's purpose
and need. However, the No Action Alternative was evaluated in the DEA
as a basis to compare the effects of the other alternatives considered.
Alternative 1: Modification of the Existing Port Everglades ODMDS To
Encompass a 3.21 nmi\2\ Area in a North-South Orientation (Preferred
Alternative)
Modification of the existing Port Everglades ODMDS to encompass a
3.21 nmi\2\ area as described above is the environmentally and
operationally preferred alternative and considered the most viable
option. The existing Port Everglades ODMDS is relatively small and has
a limited capacity. Modifying the existing Port Everglades ODMDS to
increase capacity would sustain the disposal needs associated with: The
federally authorized Port Everglades Harbor sand bypass and navigation
projects; authorized maintenance dredging; and potential future private
interests. It is the most feasible option based on containing dredged
material from disposal operations while impacting the least potential
hardbottom habitat. A detailed justification for this preferred
alternative is included in Section 2 in the DEA.
Alternative 2: Modification of the Existing Port Everglades ODMDS To
Encompass a 2.89 nmi\2\ Area in an East-West Orientation
In order to inform viable options for expanding the existing site,
the EPA evaluated the data and information included in the September
2013 Evaluation of Dredged Material Behavior at the Port Everglades
Harbor Federal Project Ocean Dredged Material Disposal Site. The EPA
specifically considered the option of expanding the site in an east-
west orientation. Although designating an expanded ODMDS in an east-
west orientation would provide adequate site capacity, there is the
possibility that disposal to a site within this orientation would
result in a higher level of impact to hardbottom habitat. As described
in the DEA, a site more adequately protective of potential hardbottom
areas was selected as the preferred alternative (Alternative 1).
b. Magnuson-Stevens Act
The USACE, in conjunction with EPA, submitted an Essential Fish
[[Page 14627]]
Habitat (EFH) assessment, pursuant to Section 305(b), 16 U.S.C.
1855(b)(2), of the Magnuson-Stevens Act, as amended (MSA), 16 U.S.C.
1801 to 1891d, to the National Marine Fisheries Service (NMFS). The
USACE determined that the modification of the existing Port Everglades
ODMDS will not significantly affect managed species or EFH; however,
underwater surveys are being conducted to verify conclusions.
Discussions with the NMFS are ongoing, and consultation will be
completed prior to finalization of the rule.
c. Coastal Zone Management Act
Pursuant to an Office of Water policy memorandum dated October 23,
1989, the EPA has evaluated the proposed site designations for
consistency with the State of Florida's (the State) approved coastal
zone management program. On behalf of the EPA, the USACE, Jacksonville
District determined that the proposed action is consistent with the
Florida Coastal Management Program to the maximum extent practicable.
Florida Department of Environmental Protection (FLDEP) issued Coastal
Zone Consistency for the Port Everglades ODMDS on April 29, 2011. The
EPA is communicating with the State of Florida to determine appropriate
next steps to ensure consistency with the Coastal Zone Management Act.
d. Endangered Species Act
The Endangered Species Act (ESA), as amended, 16 U.S.C. 1531 to
1544, requires federal agencies to consult with NMFS and the U.S. Fish
and Wildlife Service to ensure that any action authorized, funded, or
carried out by the federal agency is not likely to jeopardize the
continued existence of any endangered species or threatened species or
result in the destruction or adverse modification of any critical
habitat. The EPA is opting to address consultation pursuant to ESA
Section 7(d) due to the expected publication of an updated Biological
Opinion for the South Atlantic District of the U.S. Army Corps of
Engineers, which is expected to address the species to which this
action may apply.
e. National Historic Preservation Act
The National Historic Preservation Act (NHPA), 16 U.S.C. 470 to
470a-2, requires federal agencies to consider the effect of their
actions on districts, sites, buildings, structures, or objects,
included in, or eligible for inclusion in the National Register of
Historic Places (NRHP). The depths of the ODMDS (greater than 700 feet
depth) exclude potential habitation or resources related to human
settlements. In a letter dated February 4, 2013, the Florida Department
of State concurred with the determination that no historic properties
would be affected by the expansion of the ODMDS. The EPA is in
communication with the State of Florida to determine whether any
additional information has become available that may warrant changes to
their 2013 determination.
IV. Statutory and Executive Order Reviews
This rule proposes to modify the Port Everglades ODMDS pursuant to
Section 102 of the MPRSA. This proposed action complies with applicable
executive orders and statutory provisions as follows:
a. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This proposed action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).
b. Executive Order 13089: Coral Reef Protection
This proposed action considers Executive Order 13089 on Coral Reef
Protection ``to preserve and protect the biodiversity, health,
heritage, and social and economic value of U.S. coral reef ecosystems
and the marine environment.'' Conditions are present in the SMMP which
are designed to reduce potential impacts from sediments during transit
to the ODMDS.
c. Paperwork Reduction Act
This proposed action 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 proposed site
designation, does not require persons to obtain, maintain, retain,
report, or publicly disclose information to or for a federal agency.
d. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires federal agencies
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. For purposes
of assessing the impacts of this rule on small entities, small entity
is defined as: (1) A small business defined by the Small Business
Administration's size regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district, or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. The EPA determined that this proposed action
will not have a significant economic impact on small entities because
the proposed rule will only have the effect of regulating the location
of site to be used for the disposal of dredged material in ocean
waters. After considering the economic impacts of this proposed rule,
the EPA certifies that this proposed action will not have a significant
economic impact on a substantial number of small entities.
e. Unfunded Mandates Reform Act
This proposed action contains no federal mandates under the
provisions of Title II of the Unfunded Mandates Reform Act (UMRA) of
1995, 2 U.S.C. 1531 to 1538, for State, local, or tribal governments or
the private sector. This proposed action imposes no new enforceable
duty on any State, local or tribal governments or the private sector.
Therefore, this proposed action is not subject to the requirements of
sections 202 or 205 of the UMRA. This proposed action is also not
subject to the requirements of section 203 of the UMRA because it
contains no regulatory requirements that might significantly or
uniquely affect small government entities. Those entities are already
subject to existing permitting requirements for the disposal of dredged
material in ocean waters.
f. Executive Order 13132: Federalism
This proposed action does not have federalism implications. It does
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 various levels of government, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this proposed action. In the spirit of Executive Order
13132, and consistent with the EPA policy to promote communications
between the EPA and State and local governments, the EPA specifically
solicited comments on this proposed action from State and local
officials.
[[Page 14628]]
g. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed action does not have tribal implications, as
specified in Executive Order 13175 because the modification of the
existing Port Everglades ODMDS will not have a direct effect on Indian
Tribes, on the relationship between the federal government and Indian
Tribes, or on the distribution of power and responsibilities between
the federal government and Indian Tribes. In addition, the depths of
the ODMDS (greater than 700 feet depth) exclude potential habitation or
resources related to human settlements. Thus, Executive Order 13175
does not apply to this action. However, the EPA specifically welcomes
comments on this proposed action from tribal officials and any comments
related to this Executive Order.
h. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks, such that the
analysis required under Section 5-501 of the Executive Order has the
potential to influence the regulation. This proposed action is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
However, the EPA welcomes comments on this proposed action related to
this Executive Order.
i. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed action is not subject to Executive Order 13211,
``Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355) because it is not a
``significant regulatory action'' as defined under Executive Order
12866. However, we welcome comments on this proposed action related to
this Executive Order.
j. National Technology Transfer and 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), directs
the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs the EPA to provide
Congress, through Office of Management and Budget, explanations when
the Agency decides not to use available and applicable voluntary
consensus standards. This proposed action includes environmental
monitoring and measurement as described in the EPA's proposed SMMP. The
EPA will not require the use of specific, prescribed analytic methods
for monitoring and managing the proposed modified ODMDS. The Agency
plans to allow the use of any method, whether it constitutes a
voluntary consensus standard or not, that meets the monitoring and
measurement criteria discussed in the SMMP. The EPA welcomes comments
on this aspect of the proposed rulemaking and, specifically, invites
the public to identify potentially applicable voluntary consensus
standards and to explain why such standards should be used in this
proposed action.
k. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629) establishes federal executive
policy on environmental justice. Its main provision directs federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. The EPA determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The EPA has assessed the overall protectiveness of
modifying the existing Port Everglades ODMDS against the criteria
established pursuant to the MPRSA to ensure that any adverse impact to
the environment will be mitigated to the greatest extent practicable.
The EPA welcomes comments on this proposed action related to this
Executive Order.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Authority: This action is issued under the authority of Section
102 of the Marine Protection, Research, and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412.
Dated: February 18, 2020.
Mary S. Walker,
Regional Administrator, EPA Region 4.
For the reasons set out in the preamble, the EPA proposes to amend
chapter I, title 40 of the Code of Federal Register 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 (h)(14)(i) through
(iii) and (vi) to read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(h) * * *
(14) * * *
(i) Location: Corner Coordinates (NAD 1983) 26[deg] 06.500',
80[deg] 01.000'; 26[deg] 06.500', 80[deg] 02.578'; 26[deg] 08.750,
80[deg] 02.578'; 26[deg] 08.750', 80[deg] 01.000'.
(ii) Size: Approximately 2.31 square nautical miles in size.
(iii) Depth: Ranges from approximately 587 to 761 feet (179 to 232
meters).
* * * * *
(vi) Restrictions: (A) Disposal shall be limited to dredged
material from the Port Everglades, Florida area;
(B) Disposal shall be limited to dredged material determined to be
suitable for ocean disposal according to 40 CFR 220-228;
(C) Disposal shall be managed by the restrictions and requirements
contained in the currently approved Site Management and Monitoring Plan
(SMMP);
(D) Monitoring, as specified in the currently approved SMMP, is
required.
* * * * *
[FR Doc. 2020-04650 Filed 3-12-20; 8:45 am]
BILLING CODE 6560-50-P
