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[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56395-56398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23475]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R06-OW-2015-0121; FRL-9934-25-Region 6]

Ocean Dumping: Modification of Final Site Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) today is modifying 
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 
action is being taken at the request of the United States Army Corps of 
Engineers Galveston District to allow disposal of suitable dredged 
material from the vicinity of the federal navigation channels to 
alleviate pressure on the capacity of their upland dredged material 
placement areas, when necessary.

DATES: This document is effective on October 19, 2015.

ADDRESSES: The EPA established a docket for this action under Docket 
No. EPA-R06-OW-2015-0121. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Publicly available docket 
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jessica Franks, Ph.D., Marine and 
Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6, 
1445 Ross Avenue, Suite 1200, 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. Final Action
D. Responses to Comments
E. Administrative Review
    1. Executive Order 12866
    2. Paperwork Reduction Act
    3. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996
    4. Unfunded Mandates Reform Act
    5. Executive Order 13132: Federalism
    6. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    7. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    8. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use Compliance with Administrative 
Procedure Act
    9. National Technology Transfer Advancement Act
    10. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations

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:

[[Page 56396]]

        Table 4--A Summary of Proposed Data Collection Standards
------------------------------------------------------------------------
           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 modifications 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 
waste permitted to be discharged to a specific disposal site will be 
made by promulgation in this Part 228. This site modification of types 
of waste permitted to be discharged to a specific disposal site are 
being published as a final rulemaking in accordance with Sec.  
228.11(a) of the Ocean Dumping Regulations, which permits changes in 
the total specified quantities or types of waste permitted to be 
discharged to a specific disposal site based upon changed circumstances 
concerning use of the site.

C. Final Action

    The modifications 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 (42-Foot Project), TX 
ODMDSs was requested by the U.S. Army Corps of Engineers Galveston 
District in a March 27, 2015 letter. The current wording within the 40 
CFR 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 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. Responses to Comments

    The proposed rule was published in the Federal Register on June 18, 
2015 (80 FR 34871), as docket number EPA-EPA-R06-OW-2015-0121. The 
comment period closed on August 3, 2015. The EPA received one letter on 
the proposed rule from the Department of Interior stating that they 
have no comment. As no comments were received, the EPA has no responses 
to comments for the proposed rule.

E. 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 Final rule should have minimal impact on State, local, or 
Tribal governments or communities. Consequently, EPA has determined 
that this Final 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 Final 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.

[[Page 56397]]

    This Final 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 Final rule will not have a 
significant economic impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

    This final 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 final 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 final 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 planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA. This final 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 Final 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 Final 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 Final rule would have a disproportionate adverse 
impact on minority or low-income population groups within the project 
area. The Final 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: September 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended 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), and (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

[[Page 56398]]

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. 2015-23475 Filed 9-17-15; 8:45 am]
BILLING CODE 6560-50-P
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