Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 38563 

• 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 Clean Air Act; 

and 

• Does not provide the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule 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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. 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. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 20, 

2021. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 8, 2021. 

Elizabeth Adams, 

Acting Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends part 52, chapter I, title 

40 of the Code of Federal Regulations as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(207)(i)(C)(9) and 

(c)(559) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(207) * * * 

(i) * * * 

(C) * * * 

(9) Previously approved on August, 

21, 1998 in paragraph (c)(207)(i)(C)(6) of 

this section and now deleted with 

replacement in paragraph 

(c)(559)(i)(A)(1) of this section, Rule 

2.29, ‘‘Graphic Arts Printing 

Operations,’’ revised July 11, 2018. 

* * * * * 

(559) The following rules were 

submitted on August 20, 2018, by the 

Governor’s designee as an attachment to 

a letter dated August 15, 2018. 

(i) Incorporation by reference. (A) 

Yolo-Solano Air Quality Management 

District. 

(1) Rule 2.29, ‘‘Graphic Arts Printing 

Operations,’’ revised on July 11, 2018. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

* * * * * 

[FR Doc. 2021–15476 Filed 7–21–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R04–OW–2020–0056; FRL–8737–01– 

R4] 

Ocean Dumping; Modification of an 

Ocean Dredged Material Disposal Site 

Offshore Port Everglades, Florida 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is expanding the size of 

the 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 (MPRSA). The primary purpose for 

the site modification is to enlarge the 

site to provide for the long-term 

disposal capacity to dump suitable 

material dredged from the Port 

Everglades Harbor in ocean waters. The 

modified site will be subject to 

monitoring and management to ensure 

continued protection of the marine 

environment. 

DATES: Effective: August 23, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R04–OW–2020–0056. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

FOR FURTHER INFORMATION CONTACT: 

Wade Lehmann, U.S. Environmental 

Protection Agency, Region 4, Water 

Division, Oceans and Estuarine 

Management Section, 61 Forsyth Street, 

Atlanta, Georgia 30303; phone number 

(404) 562–8082; email: 

Lehmann.Wade@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

proposed rulemaking on March 13, 

2020, and re-released for further public 

review on May 22, 2020 (85 FR 14622 

and 85 FR 31133), which was a proposal 

to expand the size of the Port Everglades 

ODMDS. Additionally, EPA is releasing 

a Finding of No Significant Impact and 

a final Environmental Assessment (EA), 

pursuant to the National Environmental 

Policy Act, which are available in the 

docket for this action (Docket ID No. 

EPA–R04–OW–2020–0056). EPA’s 

responses to comments received on the 

proposed rule and the draft EA are also 

available in the docket for this action. 

I. Potentially Affected Persons 

Persons potentially affected by this 

action include those who seek or might 

seek permits or approval to dispose of 


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dredged material into ocean waters 

pursuant to the MPRSA, 33 U.S.C. 1401 

to 1445. The EPA’s 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 ........................................... 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 .................... 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 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. 

II. Background 

a. History of Disposal Sites Offshore of 

Port Everglades, Florida 

There is currently one designated 

ODMDS off the coast of Port Everglades 

in Florida. The existing Port Everglades 

ODMDS is located three nautical miles 

offshore of Fort Lauderdale. EPA 

designated the Port Everglades ODMDS 

in 2005 with an area of 1.34 square 

nautical miles (nmi2). 

The USACE Jacksonville District and 

EPA Region 4 identified a need to either 

designate a new ODMDS or modify the 

existing Port Everglades ODMDS. The 

reasons for modifying the ocean 

disposal capacity are based on future 

dredged material capacity requirements, 

historical dredging volumes, estimates 

of dredging volumes for future proposed 

projects, and limited capacity of upland 

disposal in the area. 

EPA is expanding the existing Port 

Everglades ODMDS rather than 

designate a new site off the coast of Fort 

Lauderdale for ocean dumping of 

dredged material. The modification of 

the existing Port Everglades ODMDS for 

dredged material, however, 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 an 

ODMDS, EPA and the USACE must 

evaluate the project according to the 

ocean dumping regulatory criteria (40 

CFR part 227) and the USACE must 

issue a permit or other authorization 

document (e.g., contract specifications) 

for the transportation and disposal of 

dredged material and must attain 

concurrence from EPA. Under section 

103 of the MPRSA, the USACE is the 

Federal agency that initially determines 

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 Federal projects 

involving ocean disposal of dredged 

materials. The USACE relies on 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 EPA 

review and concurrence under MPRSA 

33 U.S.C. 1413(c). EPA may concur with 

or without conditions or decline to 

concur on the permit, i.e., non-concur. 

If EPA concurs with conditions, the 

final permit or authorization must 

include those conditions. If EPA 

declines to concur (non-concurs), the 

USACE cannot issue the permit for 

ocean dumping of dredged material or 

authorize the disposal. EPA’s site 

modification is supported by a final 

Environmental Assessment (EA), which 

EPA previously provided for public 

notice as draft and is available in the 

docket for this action (Docket ID No. 

EPA–R04–OW–2020–0056). 

b. Location and Configuration of the 

Port Everglades ODMDS 

With this action, EPA expands the 

size of the Port Everglades ODMDS, 

which is at depths between ¥587 to 

¥761 feet of water (¥179 to ¥232 

meters). The ODMDS expansion 

increases the area of the existing Port 

Everglades ODMDS from approximately 

1.34 nmi2 to 3.21 nmi2. The ODMDS is 

bounded by the coordinates listed 

below. The coordinates for the site are 

in North American Datum 83 (NAD 83): 

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 Site Management and Monitoring 

Plan (SMMP) allows 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 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 ODMDS. All persons 

using the site shall comply with the 

conditions set forth in the most recent 

approved SMMP, which EPA (in 

conjunction with the USACE) 

specifically developed for the ODMDS. 

The SMMP includes management and 

monitoring provisions to ensure that 

dredged materials disposed at the 

ODMDS are suitable for disposal in the 

ocean and that adverse impacts of 

disposal, if any, are addressed to the 

maximum extent practicable. The 

SMMP includes provisions to avoid and 

minimize potential impacts to coral 

reefs present near Port Everglades. The 

SMMP for the ODMDS also addresses 

management of the site to ensure 

adverse mounding and dispersal of fine 

sediments does not occur and to ensure 

that disposal events minimize 

interference with other uses of ocean 

waters near the ODMDS. 

d. MPRSA Criteria 

In evaluating the 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 site designation satisfies 

those criteria. The EPA’s EA provides an 

extensive evaluation of the criteria and 

other related factors for the modification 

of the 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 


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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 the significant potential for 

adverse impacts from sediments to 

nearby coral reef resources. EPA 

designated the existing Port Everglades 

Harbor ODMDS in 2005 to fulfill the 

need for an EPA designated ODMDS 

near Port Everglades. 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. 

EPA re-considered the evaluations from 

2010 through to the present time 

throughout the NEPA process. 

(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 ODMDS area will be used only 

for disposal of dredged material found 

to be suitable under the Ocean Dumping 

Regulations at 40 CFR parts 220 through 

228. 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 Port Everglades ODMDS is 

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 ODMDS should provide sufficient 

long-term disposal capacity expected for 

anticipated dredging projects, 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, EPA 

and the USACE estimated that the 

ODMDS should be approximately 3.21 

nmi2 in size to meet the anticipated 

long-term disposal needs of the nearby 

area. Expanding the ODMDS to 3.21 

nmi2 provides an estimated capacity of 

approximately 6.7 million cubic yards, 

which is sufficient to manage future 

unknown disposal operations from 

public and private entities and provide 

protection of the marine environment at 

the ODMDS. 

When determining the size of the site, 

EPA considered the need to implement 

effective monitoring and surveillance 

programs 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. EPA and 

the USACE have developed a SMMP for 

the site that, when implemented, will be 

used to determine if disposal at the site 

is significantly affecting the 

environment within the site or adjacent 

areas. 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 benthic community 

structure. 

(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 Port Everglades ODMDS is 

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 ODMDS is on the Florida 

Continental Slope, 3.3 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 EA contains a 

map of the ODMDS. The ODMDS 

remains fully off the continental shelf at 

a distance that is not expected to allow 

sediments to travel to nearby shoreassociated 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 ODMDS location was 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 ODMDS is several 

miles from any beaches or amenity 

areas. No significant impacts to beaches 

or amenity areas associated with the 

Port Everglades ODMDS have been 

detected, and the expansion is not 

expected to affect that conclusion. The 

U.S. Navy maintains facilities south of 

the ODMDS, and EPA and the USACE 

consulted the Navy 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 parts 227 and 228 will be disposed 

in the ODMDS and only pursuant to a 

duly issued permit or authorization 

(e.g., contract specifications) for a 

Federal project with concurrence by 

EPA. 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 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 

initially determines 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, in lieu of 

the permit procedure, the USACE 

authorizes projects based upon 

application of the same criteria, and 

other factors to be evaluated, the same 

procedures, and the same requirements 

that apply to the issuance of permits. 

The USACE applies 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 EPA’s 

review and concurrence. EPA may 

concur, with or without conditions, or 


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decline to concur on the request for 

concurrence on the suitability of 

dredged material for disposal in the 

ODMDS. If EPA concurs with 

conditions, the final permit or project 

authorization (e.g., contract 

specifications) must include those 

conditions. If EPA declines to concur 

(non-concurs) on an ocean dumping 

permit for dredged material, the USACE 

cannot issue the permit or authorize 

ocean dumping for the Federal project. 

(5) Feasibility of Surveillance and 

Monitoring (40 CFR 228.6(a)(5)). 

EPA expects monitoring and 

surveillance at the ODMDS to be 

feasible and readily performed from 

ocean or regional class research vessels. 

Monitoring and surveillance are 

addressed in the SMMP. The area of the 

ODMDS has been surveyed and sampled 

in 2004, 2007 and 2014. 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 are generally 

northerly with eddies occurring 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)). 

Historic 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 ODMDS would be similar to those 

for the previously designated site and 

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)). 

The transport of dredged material to 

the ODMDS will cause minor, shortterm interferences with commercial and 

recreational boat traffic. during normal 

disposal operations. EPA has not 

identified an area of special scientific 

importance at or near the site. There are 

no aquaculture areas near the site. There 

may be recreational fishing in the area. 

The likelihood of direct interference 

with these activities, however, is low. 

The U.S. Navy, Fort Lauderdale Branch, 

Naval Surface Warfare Center range is 

located south of the ODMDS and the 

expansion of the ODMDS will not 

impair U.S. Navy operations in the area. 

The SMMP for the ODMDS contains 

provisions for corrective measures if 

potential adverse 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 at the site is typical of 

the Florida coast. Water and sediment 

quality analyses conducted in the 

vicinity of the ODMDS and experience 

with historic disposal at 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 

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)). 

EPA conducted a survey of this site in 

2013 to identify areas of potential 

hardbottom resources as well as any 

historical artifacts. The survey revealed 

the presence of only two anomalies that, 

when evaluated, were not indicative of 

potential historical or natural features. 

Probable wreckage from one modern 

sailing vessel was identified in the 

northeast corner of the site. Scattered 

rubble covering potential hardbottom 

habitat was identified scattered within 

the expanded footprint. 

The SMMP for the ODMDS contains 

measures to monitor potential identified 

hardbottom resources. 

III. Environmental Statutory Review 

a. National Environmental Policy Act 

EPA’s primary voluntary NEPA 

document for expanding the existing 

Port Everglades ODMDS is the EA, 

prepared by EPA in cooperation with 

the USACE and issued for public review 

and comment as draft in January 2020. 

Anyone desiring a copy of the EA may 

access it through the docket for this 

action (Docket ID No. EPA–R04–OW– 

2020–0056) or obtain a copy from the 

address given above. The draft EA 

issued in March 2020 amends the draft 

EA that was previously published for 

public review and comment in August 

2013. Comments received on the March 

draft EA are provided in the Response 

to Comments document appended to the 

docket. The EA provides the threshold 

environmental review for modification 

of the ODMDS. 

The action discussed in the EA is the 

designation of an ODMDS offshore Port 

Everglades, Florida. The purpose of the 

action is to provide an environmentally 

acceptable option for the ocean disposal 

of dredged material. The reason for the 

ODMDS expansion is based primarily 

on demonstrated lack of capacity for 

ocean disposal of dredged material from 

the Port Everglades Harbor area 

including the upcoming Federal 

Navigation Project and any additional 

port projects into the future. The actual 

need for ocean disposal for particular, 

specific future projects, and the 

suitability of the material for ocean 

disposal, will be determined on a caseby-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. 

Subsequent proceedings to develop 

permits and terms of the authorization 

for Federal projects will include 

evaluation of disposal alternatives; the 

existence of a designated site merely 

provides an option for disposition of 

suitable material. 

EPA’s EA discusses the reasons for 

expanding the ODMDS and examines 

ocean disposal site alternatives. The 

reasons to expand the existing Port 

Everglades ODMDS are based on: Future 

capacity modeling; potential movement 

of fine sediments estimated dredging 

volumes for proposed projects; and 

limited capacity of upland disposal 

facilities in the area. EPA considered 

other configurations for the expanded 

site but the other options were 

discarded due to potential for adverse 


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impacts to protected coral resources. 

The following three ocean disposal 

alternatives were considered in the EA. 

No Action Alternative 

EPA identified the No Action 

Alternative as not modifying the size of 

the existing Port Everglades ODMDS. 

Implementation of this alternative 

would not have addressed the 

inadequate capacity at the existing 

ocean dump site to accommodate future 

ocean disposal of dredging projections. 

As a result, the No Action Alternative 

does not meet the action’s purpose and 

need. However, EPA developed and 

evaluated the No Action Alternative 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 in a north-south 

orientation 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 accommodate 

the anticipated volumes of material 

projected for possible ocean disposal 

associated with: The congressionally 

authorized widening and deepening of 

the Port Everglades Harbor Federal 

navigation channel; congressionally 

authorized maintenance dredging; the 

Broward County sand bypass and 

navigation projects; and potential future 

private interests. It is the most feasible 

option based on containing dredged 

material from disposal operations while 

potentially affecting the least potential 

hardbottom habitat. A detailed 

justification for this preferred 

alternative is included in Section 2 in 

the EA. 

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, 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. 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, 

an east-west orientation had a greater 

level of risk for adverse impact to 

hardbottom habitat. As described in the 

EA, a site more adequately protective of 

potential hardbottom areas was selected 

as the preferred alternative with a northsouth orientation (Alternative 1). 

b. Magnuson-Stevens Act 

The USACE, in conjunction with 

EPA, submitted an essential fish habitat 

(EFH) assessment to the National 

Marine Fisheries Service (NMFS), 

pursuant to the Magnuson-Stevens Act, 

16 U.S.C. 1855(b)(2). The USACE 

determined that the expansion of the 

existing Port Everglades ODMDS will 

not significantly affect managed species 

or EFH. 

On March 13, 2020, EPA issued a 

letter to NMFS that described the EPA’s 

plans to conduct a Remotely Operated 

Vehicle (ROV) survey to supplement the 

available data to further characterize 

potential hardbottom geomorphology 

and biological community in the 

expanded footprint of the Port 

Everglades ODMDS. On March 19, 2020, 

NMFS responded by letter requesting 

that in the event results from the ROV 

survey indicate that significant 

hardbottom resources occur in the 

expanded ODMDS and use of the 

ODMDS will adversely affect those 

resources, EPA should re-initiate 

consultation. EPA is committed to 

continue working in close coordination 

with NMFS and will evaluate the ROV 

survey results when they become 

available. If significant hardbottom 

resources occur in the expanded 

ODMDS and the use of the ODMDS will 

adversely affect those resources, EPA 

will re-initiate consultation with NMFS 

pursuant to the Magnuson-Stephens 

Act. 

c. Coastal Zone Management Act 

EPA evaluated site designations for 

consistency with the enforceable 

policies of Florida’s approved coastal 

zone management program. On behalf of 

EPA, the USACE Jacksonville District 

documented that the site expansion is 

consistent with the Florida Coastal 

Management Program to the maximum 

extent practicable. The Florida 

Department of Environmental Protection 

issued Coastal Zone Consistency for the 

Port Everglades ODMDS on April 29, 

2011. EPA further coordinated with 

Florida to determine whether any 

additional information has become 

available that may warrant changes to 

the State’s 2011 determination. Florida 

responded, on April 17, 2020, that its 

position has not changed and that the 

action remains consistent to the 

maximum extent practicable with the 

enforceable policies of the State’s 

approved coastal program. 

d. Endangered Species Act 

The Endangered Species Act, 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. EPA has concluded consultation 

with NMFS, which provided a 

Biological Opinion for the South 

Atlantic District of the U.S. Army Corps 

of Engineers on March 7, 2014, 

applicable for the proposed expansion 

of the ODMDS. NMFS’s Biological 

Opinion indicted that the expanded 

ODMDS will have no effect on federallylisted species or critical habitat. During 

a teleconference between EPA and 

NMFS on August 18, 2020, and in email 

correspondence issued on April 21, 

2021, NMFS verified there are no 

changes to its Biological Opinion. 

The expansion of the Port Everglades 

ODMDS will have no effect on federallylisted terrestrial or freshwater species 

under the jurisdiction of the U.S. Fish 

and Wildlife Service. 

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 

April 9, 2020, the Florida State Historic 

Preservation Office stated that no 

historic properties would be affected by 

the expansion of the ODMDS. 

IV. Statutory and Executive Order 

Reviews 

This rule expands the area of the Port 

Everglades ODMDS pursuant to Section 

102 of the MPRSA. This 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 action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 


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38568 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

b. Executive Order 13089: Coral Reef 

Protection 

This 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.’’ The SMMP is designed 

to reduce potential impacts from 

sediments on corals from vessels during 

transit to the ODMDS. 

c. Paperwork Reduction Act 

This 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 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-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. After considering 

the economic impacts of this rule, EPA 

certifies that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

e. Unfunded Mandates Reform Act 

This 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 

action imposes no new enforceable duty 

on any State, local or tribal governments 

or the private sector. Therefore, this 

action is not subject to the requirements 

of sections 202 or 205 of the UMRA. 

This 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 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 action. In 

the spirit of Executive Order 13132, and 

consistent with EPA policy to promote 

communications between EPA and State 

and local governments, EPA specifically 

solicited comments on this action from 

State and local officials. 

g. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This 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. The 

depths of the ODMDS (greater than 700 

feet depth) exclude potential habitation 

or resources related to human 

settlements. In addition, EPA sent 

notification of the Seminole Tribe of 

Florida and the Miccosukee Tribe of 

Indians of Florida regarding the 

proposed action to modify the Port 

Everglades ODMDS and received no 

comments. Thus, Executive Order 13175 

does not apply to this action. 

h. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

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 action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

i. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This 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. 

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 

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 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 action includes 

environmental monitoring and 

measurement as described in EPA’s 

SMMP. EPA will not require the use of 

specific, prescribed analytic methods for 

monitoring and managing the 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. 

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. EPA 

determined that this rule will not have 

disproportionately high and adverse 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 38569 

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. EPA has assessed the 

overall protectiveness of expanding the 

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. 

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. 1412 and 1418. 

Dated: July 13, 2021. 

John Blevins, 

Acting Regional Administrator, EPA Region 

4. 

For the reasons set out in the 

preamble, EPA amends chapter I, 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 (h)(22)(i) through 

(iii) and (vi) to read as follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(h) * * * 

(22) * * * 

(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 3.2 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 parts 227 and 228; and 

(C) Transportation and disposal shall 

comply with conditions and monitoring 

requirements set forth in the most recent 

approved Site Management and 

Monitoring Plan and conditions and 

monitoring requirements incorporated 

into the permit or Federal project 

authorization. 

* * * * * 

[FR Doc. 2021–15529 Filed 7–21–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 414 

[CMS–5534–N] 

Medicare Program; Calendar Year 2021 

Alternative Payment Model (APM) 

Incentive Payment Advisory for 

Clinicians—Request for Current Billing 

Information for Qualifying APM 

Participants 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Health and 

Human Services (HHS). 

ACTION: Payment advisory. 

SUMMARY: This advisory is to alert 

certain clinicians who are Qualifying 

APM participants (QPs) and eligible to 

receive an Alternative Payment Model 

(APM) Incentive Payment that CMS 

does not have the current billing 

information needed to disburse the 

payment. This advisory provides 

information to these clinicians on how 

to update their billing information to 

receive this payment. 

DATES: Updated billing information 

must be received no later than 

November 1, 2021 (see SUPPLEMENTARY

INFORMATION for details). 

FOR FURTHER INFORMATION CONTACT: 

Tanya Dorm, (410) 786–2216. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Medicare Quality Payment 

Program, an eligible clinician who 

participates in an Advanced Alternative 

Payment Model (APM) and meets the 

applicable payment amount or patient 

count thresholds for a performance year 

is a Qualifying APM Participant (QP) for 

that year. An eligible clinician who is a 

QP for a year based on their 

performance in a QP Performance 

Period earns a 5-percent lump sum APM 

Incentive Payment that is paid in a 

payment year that occurs 2 years after 

the QP Performance Period. The amount 

of the APM Incentive Payment is equal 

to 5 percent of the estimated aggregate 

paid amounts for covered professional 

services furnished by the QP during the 

calendar year (CY) immediately 

preceding the payment year. 

II. Provisions of the Advisory 

The Centers for Medicare & Medicaid 

Services (CMS) has identified those 

eligible clinicians who earned an APM 

Incentive Payment in CY 2021 based on 

their CY 2019 QP status. 

When CMS disbursed the CY 2021 

APM Incentive Payments, CMS was 

unable to verify current Medicare billing 

information for some QPs and was 

therefore unable to issue payment. In 

order to successfully disburse the APM 

Incentive Payment, CMS is requesting 

assistance in identifying current 

Medicare billing information for these 

QPs in accordance with 42 CFR 

414.1450(c)(8). 

CMS has compiled a list of QPs we 

have identified as having unverified 

billing information. These QPs, and any 

others who anticipated receiving an 

APM Incentive Payment but have not, 

should follow the instructions to 

provide CMS with updated billing 

information at the following web 

address: https://qpp-cm-prodcontent.s3.amazonaws.com/uploads/ 

1498/QP%20Notice%

20for%20APM%20Incentiv

e%20Payment.zip. 

If you have any questions concerning 

submission of information through the 

website, please contact the Quality 

Payment Program Help Desk at 1–866– 

288–8292. 

All submissions must be received no 

later than November 1, 2021. After that 

time, any claims by a QP to an APM 

Incentive Payment will be forfeited for 

the CY 2021 payment year. 

The Administrator of the Centers for 

Medicare & Medicaid Services (CMS), 

Chiquita Brooks-LaSure, having 

reviewed and approved this document, 

authorizes Lynette Wilson, who is the 

Federal Register Liaison, to 

electronically sign this document for 

purposes of publication in the Federal 

Register. 

Dated: July 19, 2021. 

Lynette Wilson, 

Federal Register Liaison, Centers for Medicare 

& Medicaid Services. 

[FR Doc. 2021–15652 Filed 7–21–21; 8:45 am] 

BILLING CODE 4120–01–P 


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