Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations 29537 

Although EPA is disapproving portions 

of Illinois’ submission addressing the 

prevention of significant deterioration, 

Illinois continues to implement the 

Federally promulgated rules for this 

purpose as they pertain to (C), (D)(i)(II), 

and the prevention of significant 

deterioration (PSD) portion of (J). 

[FR Doc. 2015–12355 Filed 5–21–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R2–OW–2014–0587; FRL–9928–04- 

Region 2] 

Modification of the Designations of the 

Caribbean Ocean Dredged Material 

Disposal Sites 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Through this rulemaking, the 

U.S. Environmental Protection Agency 

(EPA) is modifying the designations for 

the five Ocean Dredged Material 

Disposal Sites (ODMDS) around Puerto 

Rico (San Juan Harbor, PR ODMDS; 

Yabucoa Harbor, PR ODMDS; Ponce 

Harbor, PR ODMDS; Mayaguez Harbor, 

PR ODMDS; Arecibo Harbor, PR 

ODMDS). Currently, each of the ODMDS 

is restricted to only allow disposal of 

dredged material from the specific 

harbor for which it is named. This 

modification removes the restriction 

that limits eligibility for disposal at each 

of the disposal sites based solely on the 

geographic origin of the dredged 

material. The modifications to the site 

designations do not actually authorize 

the disposal of any particular dredged 

material at any site. All proposals to 

dispose of dredged material at any of the 

designated sites will continue to be 

subject to project-specific reviews and 

must still be demonstrated to satisfy the 

criteria for ocean dumping before any 

material is authorized for disposal. This 

rulemaking was taken to provide longterm flexibility for management of any 

dredged material that may potentially be 

derived from maintenance, 

development, or emergency activities in 

areas outside those harbors provided for 

in the original designations. The 

modifications to the site designations 

are for an indefinite period of time. Each 

ODMDS will continue to be monitored 

to ensure that significant unacceptable, 

adverse environmental impacts do not 

occur as a result of dredged material 

disposal at the site. 

DATES: This final rule is effective on 

June 22, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OW–2014–0587. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy by appointment at the Dredging, 

Sediment and Oceans Section (CWD), 

U.S. Environmental Protection Agency, 

Region 2, 290 Broadway, New York, NY 

10007. This Docket Facility is open from 

8:30 a.m. and 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is 212–637–3799. 

FOR FURTHER INFORMATION CONTACT: 

Mark Reiss, Clean Water Division 

Region 2 (24th Floor), Environmental 

Protection Agency, 290 Broadway New 

York, NY 10007; telephone number: 

212–637–3799; fax number: 212–637– 

3891; email address: reiss.mark@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Final Action 

III. Regulatory Reviews 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 102(c) of the Marine 

Protection, Research, and Sanctuaries 

Act (MPRSA) of 1972, as amended, 33 

U.S.C. 1401 et seq., gives the 

Administrator of EPA the authority to 

designate sites where ocean disposal 

may be permitted. On October 1, 1986, 

the Administrator delegated the 

authority to designate ocean disposal 

sites to the Regional Administrator of 

the Region in which the sites are 

located. These modifications are being 

made pursuant to that authority. EPA is 

conducting this rulemaking to remove 

the geographic restrictions on the origin 

of the dredged material that can be 

disposed from the designations of the 

San Juan Harbor, PR Ponce Harbor, PR, 

Yabucoa Harbor, PR, Mayaguez Harbor, 

PR and Arecibo Harbor, PR ODMDSs. 

The site modifications in this action 

provide the Corps, Commonwealth of 

Puerto Rico, municipal, and private 

entities with greater long term flexibility 

in managing dredged materials outside 

the specific harbors provided for in the 

original designations. 

The background for today’s action is 

discussed in detail in EPA’s October 14, 

2014, proposal (79 FR 61591). The EPA 

received two comments on the proposed 

rule that supported the rulemaking. One 

of the letters raised some general 

concerns about the need to ensure that 

sensitive marine habitats are not 

adversely impacted by activities 

allowed by this rulemaking. 

Modification of the designation of 

ocean disposal sites under 40 CFR part 

228 is essentially a preliminary, 

planning measure. The practical effect 

of such a designation is only to require 

that if future ocean disposal activity is 

permitted and/or authorized (in the case 

of Corps projects) under 40 CFR part 

227, then such disposal should 

normally be consolidated at the 

designated sites (see 33 U.S.C. 1413(b).) 

Modification of the designation of an 

ocean disposal site does not authorize 

any actual disposal and does not 

preclude EPA or the Corps from finding 

available and environmentally 

preferable alternative means of 

managing dredged materials, or from 

finding that certain dredged material is 

not suitable for ocean disposal under 

the applicable regulatory criteria. 

This modification provides flexibility 

for management of dredged material 

from areas outside the harbors provided 

for in the original designations. 

However, it should be emphasized that 

modification of the designations of the 

ODMDS does not constitute or imply 

Corps’ or EPA’s approval of open water 

disposal of dredged material from any 

specific project. Before disposal of 

dredged material at any site may 

commence, Essential Fish Habitat and 

Endangered Species Act consultations 

must be completed, and EPA and the 

Corps must evaluate the proposal and 

authorize disposal according to the 

ocean dumping regulatory criteria (40 

CFR part 227). All projects proposed for 

disposal at the ODMDS will be subject 

to review and comment by the relevant 

resource agencies and the public to 

ensure that any concerns regarding 

potential impacts associated with 

transport of material from the project 

area to the ODMDS are addressed before 

they are authorized for disposal. All 

transport and disposal activities must 

adhere to the strict provisions and 

restrictions laid out for each site in its 

Site Monitoring and Management Plan, 

which include specific monitoring and 

management requirements to avoid 

impacts to sensitive habitats. Finally, 

EPA has the right to disapprove the 

actual disposal, if it determines that 


tkelley on DSK3SPTVN1PROD with RULES
29538 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations 

environmental requirements under the 

MPRSA (including required Essential 

Fish Habitat and Endangered Species 

Act consultations) have not been met. 

Enabling management of the 

additional dredged materials at 

monitored designated sites restricts 

impacts to those areas and minimizes 

the potential for using other near shore 

discharge strategies with potentially 

greater impacts to the marine 

environment. As such, this rulemaking 

would afford additional protection of 

aquatic organisms at individual, 

population, community, or ecosystem 

levels of ecological structures and 

sensitive marine habitats will not be 

adversely impacted by activities 

allowed by this rulemaking. 

II. Final Action 

The EPA hereby modifies the 

designations of Arecibo Harbor PR 

Ocean Disposal Site, Mayaguez Harbor 

PR Ocean Disposal Site, Ponce Harbor 

PR Ocean Disposal Site, San Juan 

Harbor PR Ocean Disposal Site and 

Yabucoa Harbor PR Ocean Disposal Site 

by removing the geographic restrictions 

on the origin of dredged material that 

can be managed at each site. This 

modification is made pursuant to 

MPRSA section 102(c). These ocean 

disposal sites are located in ocean 

waters off Puerto Rico outside the 

harbors corresponding to their names. 

III. Regulatory Reviews 

Details of the regulatory requirements 

of this rule are in EPA’s October 14, 

2014, proposed rule, 79 FR 61591. To 

summarize, this final rule complies as 

follows: 

—It complies with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4332) under the doctrine of 

functional equivalency; the EPA has 

relied on information from the final 

Environmental Impact Statement in 

its consideration and application of 

ocean dumping criteria to 

modification of the designations of 

the San Juan Harbor, PR Ponce 

Harbor, PR, Yabucoa Harbor, PR, 

Mayaguez Harbor, PR and Arecibo 

Harbor, PR dredged material sites; 

—It complies with the Endangered 

Species Act (16 U.S.C. 1536(a)(2), 

regarding consultations with the U.S. 

Fish and Wildlife Service and 

National Marine Fisheries Service in 

that modification of the designations 

of the ocean disposal sites is not 

expected to adversely affect any 

threatened or endangered species or 

their critical habitat; 

—It complies with the MagnusonStevens Fishery Conservation and 

Management Act of 1996 regarding 

consultation with the National Marine 

Fisheries Service in that modification 

of the designations of the ocean 

disposal sites is not expected to have 

significant impacts to marine fishery 

resources; and 

—It complies with the Coastal Zone 

Management Act, regarding federal 

activities that affect a state’s coastal 

zone in that the Corps will submit 

Coastal Zone Consistency 

determinations to the Commonwealth 

of Puerto Rico for individual projects 

proposing to dispose at the sites. 

IV. Statutory and Executive Order 

Reviews 

Details of the applicability of 

executive orders and statutory 

provisions to this rule are in EPA’s 

October 14, 2014, proposed rule, 79 FR 

61591. To summarize, this final rule 

complies with applicable executive 

orders and statutory provisions as 

follows: 

—It is not a ‘‘significant regulatory 

action’’ subject to Office of 

Management and Budget (OMB) 

review under Executive Order 12866 

(58 FR 51735, October 4, 1993); 

—It does not impose an information 

collection burden under the 

provisions of the Paperwork 

Reduction Act 44 U.S.C. 3501 et seq; 

—It is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601); 

—It does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform 

Act of 1995 (Public Law 104–4); 

—It does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

—It is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

—It has no Tribal implications, as 

specified in Executive Order 13175 

(65 FR 67249, November 9, 2000); 

—It is not an economically significant 

regulatory action subject to Executive 

Order 12866 (62 FR 19885, April 23, 

1997), and does not present a 

disproportionate risk to children; 

—It is not a significant regulatory action 

under Executive Order 12866 and so 

is not subject to Executive Order 

13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ 

(66 FR 28355 (May 22, 2001) ; 

—It is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and 

Advancement Act of 1995 (Pub. L. 

104–113, 12(d) (15 U.S.C. 272 note) as 

it does not involve technical 

standards; 

—It will not have a disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations subject to 

Executive Order 12898 (59 FR 7629); 

— EPA has written this rulemaking in 

plain language to be consistent with 

the Plain Language Directive of 

Executive Order 12866; and 

— It will provide additional protection 

of aquatic organisms and therefore 

advances the objective of Executive 

Order 13158 (65 FR 34909, May 31, 

2000) to protect marine areas. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. 

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

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

Dated: April 20, 2015. 

Judith A. Enck, 

Regional Administrator, Region 2. 

In consideration of the foregoing, EPA 

hereby amends part 228, chapter I of 

title 40 of the Code of Federal 

Regulations as follows: 

PART 228—CRITERIA FOR THE 

MANAGEMENT OF DISPOSAL SITES 

FOR OCEAN DUMPING 

■ 1. The authority citation for part 228 

continues to read as follows: 

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

■ 2. Section 228.15 is amended by 

revising paragraphs (d)(10)(vi), 

(d)(11)(vi), (d)(12)(vi), (d)(13)(vi), and 

(d)(14)(vi) to read as follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(d) * * * 

(10) * * * 

(vi) Restriction: Disposal shall be 

limited to dredged material. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations 29539 

(11) * * * 

(vi) Restriction: Disposal shall be 

limited to dredged material. 

(12) * * * 

(vi) Restriction: Disposal shall be 

limited to dredged material. 

(13) * * * 

(vi) Restriction: Disposal shall be 

limited to dredged material. 

(14) * * * 

(vi) Restriction: Disposal shall be 

limited to dredged material. 

* * * * * 

[FR Doc. 2015–12335 Filed 5–21–15; 8:45 am] 

BILLING CODE 6560–50–P 

GULF COAST ECOSYSTEM 

RESTORATION COUNCIL 

40 CFR Part 1850 

[Docket Number: 105002015–1111–05] 

Procedures for Disclosure of Records 

Under the Freedom of Information Act 

and Privacy Act 

AGENCY: Gulf Coast Ecosystem 

Restoration Council. 

ACTION: Final rule. 

SUMMARY: This rule sets forth the Gulf 

Coast Ecosystem Restoration Council’s 

(Council) regulations regarding the 

Freedom of Information Act (FOIA), 

Privacy Act (PA), and declassification 

and public availability of national 

security information. The FOIA and PA 

require each agency to promulgate 

regulations implementing the provisions 

of those laws and this Final Rule fulfills 

that mandate, facilitating public access 

to Council records. 

DATES: This rule becomes effective on 

June 22, 2015. 

ADDRESSES: The Council posted all 

comments on the proposed FOIA and 

PA regulations on its Web site, http://

www.restorethegulf.gov/, without 

change, including any business or 

personal information provided, such as 

names, addresses, email addresses, or 

telephone numbers. All comments 

received are part of the public record 

and subject to public disclosure. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Roberson at 202–482–1315. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The RESTORE Act, Public Law 112– 

141 (July 6, 2012), codified at 33 U.S.C. 

1321(t) and note, makes funds available 

for the restoration and protection of the 

Gulf Coast Region through a new trust 

fund in the Treasury of the United 

States, known as the Gulf Coast 

Restoration Trust Fund (Trust Fund). 

The Trust Fund will contain 80 percent 

of the administrative and civil penalties 

paid by the responsible parties after July 

6, 2012, under the Federal Water 

Pollution Control Act in connection 

with the Deepwater Horizon oil spill. 

These funds will be invested and made 

available through five components of 

the RESTORE Act. 

Two of the five components, the 

Comprehensive Plan and Spill Impact 

Components, are administered by the 

Council, an independent federal entity 

created by the RESTORE Act. Under the 

Comprehensive Plan Component (33 

U.S.C. 1321(t)(2)), 30 percent of funds in 

the Trust Fund (plus interest) are 

available to develop a Comprehensive 

Plan to restore the ecosystem and the 

economy of the Gulf Coast Region. 

Under the Spill Impact Component (33 

U.S.C. 1321(t)(3)), 30 percent of funds in 

the Trust Fund will be disbursed to the 

five Gulf Coast States (Alabama, Florida, 

Louisiana, Mississippi, and Texas) or 

their administrative agents based on an 

allocation formula established by the 

Council by regulation based on criteria 

in the RESTORE Act. 

II. Public Comments and Summary of 

Changes to Final Rule 

On February 9, 2015, the Council 

proposed a draft rule implementing its 

obligations to make records available 

under the Freedom of Information Act 

(FOIA) and Privacy Act (PA). 80 FR 

6934. The FOIA regulations govern 

third-party requests for information 

controlled by the Council. The PA 

regulations govern first-party requests 

for his or her own information. The 

Council provided a public comment 

period of 30 days and received 

comments from four separate 

commenters, three citizens and one 

Federal agency. The recommendations 

contained in the four comments are 

summarized below section by section, 

along with the Council’s responses to 

the recommendations. The Council also 

posted all comments on its Web site, 

http://www.restorethegulf.gov/, without 

change, including any business or 

personal information provided, such as 

names, addresses, email addresses, or 

telephone numbers. All comments 

received are part of the public record 

and subject to public disclosure. 

Section-by-Section Analysis 

Section 1850.1 Purpose and Scope 

The agency commenter suggested that 

the Council include language clarifying 

the intersection of FOIA and the PA. 

The Council accepts this comment and 

the suggested language can be found in 

the last paragraph of section 1850.1. 

Section 1850.2 Definitions 

The agency commenter suggested 

adding three new definitions: FOIA 

public liaison, requester category, and 

fee waiver. The Council accepts this 

comment and the definitions can be 

found at new paragraphs 1850.2(i), (j), 

and (s). 

Section 1850.4 Public Reading Room 

One commenter asked whether 

documents will be placed online for the 

public to access without request. The 

Council is committed to making 

documents of interest to the public 

available online in its public reading 

room on its Web site, http://

www.restorethegulf.gov. This 

commitment is documented in section 

1850.4 of these regulations. No change 

was made to the regulations in response 

to this comment. 

Section 1850.5 Requirements for 

Making Requests 

The agency commenter suggested that 

the Council’s wording of paragraph 

1850.5(b) where the Council describes 

its process for contacting a requester to 

narrow the scope of a request has a 

negative connotation. The agency 

commenter suggested alternative text 

that the Council has incorporated into 

paragraph 1850.5(b). 

The agency commenter also suggested 

adding two paragraphs to the end of 

section 1850.5 to help explain the 

interaction of the Council’s FOIA and 

PA regulations and the effect on a 

request for Council records pertaining to 

another individual of submitting proof 

of death or a notarized authorization to 

access records by that individual. The 

Council accepts this comment and the 

paragraphs can be found at new 

paragraphs 1850.5(e) and (f). 

Section 1850.6 Responding to Records 

The agency commenter suggested 

consistency edits to paragraph 1850.6(a) 

to keep the terminology of simple and 

complex track processing consistent. 

The Council accepts this comment and 

the revised language can be found in 

paragraph 1850.6(a). 

The agency commenter recommended 

that the Council modify paragraph 

1850.6(c)(1) to include a requirement 

that the Council Records Management 

Officer provide the requester with a 

unique tracking number, an estimated 

date of completion (once the request is 

perfected) and a fee estimate (when 

applicable). The agency commenter also 

suggested that the Council include in its 

acknowledgment to the requester a brief 

description of the subject of the request 

to aid both the requester and the 

Council in keeping track of multiple 


tkelley on DSK3SPTVN1PROD with RULES