[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Proposed Rules]
[Pages 3186-3189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-930]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-5138-2]


Ocean Dumping; Proposed Site Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA today proposes to designate an Ocean Dredged Material 
Disposal Site (ODMDS) in the Gulf of Mexico offshore Tampa, Florida, as 
an EPA-approved ocean dumping site for the disposal of suitable dredged 
material. This proposed action is necessary to provide an acceptable 
ocean disposal site for consideration as an option for dredged material 
disposal projects in the greater Tampa, Florida vicinity. This proposed 
site designation is for an indefinite period of time, but the site is 
subject to continuing monitoring to insure that unacceptable adverse 
environmental impacts do not occur.

DATES: Comments must be received on or before February 27, 1995.

ADDRESSES: Send comments to: Wesley B. Crum, Chief, Coastal Programs 
Section, Water Management Division, U.S. Environmental Protection 
Agency, Region IV, 345 Courtland Street, NE., Atlanta, Georgia 30365.
    The file supporting this proposed designation is available for 
public inspection at the following locations:

EPA Public Information Reference Unit (PIRU), Room 2904 (rear), 401 M 
Street, SW., Washington, DC 20460
EPA/Region IV, 345 Courtland Street, NE., Atlanta, Georgia 30365.
Department of the Army, Jacksonville District Corps of Engineers, 400 
West Bay Street, P.O. Box 4970, Jacksonville, FL 32232-0019

FOR FURTHER INFORMATION CONTACT: [[Page 3187]] 
Gary W. Collins, 404/347-1740 ext. 4286.

SUPPLEMENTARY INFORMATION:

A. 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. 
This proposed designation of a site offshore Tampa, Florida, which is 
within Region IV, is being made pursuant to that authority.
    The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR 
Chapter I, Subchapter H, Sec. 228.4) state that ocean dumping sites 
will be designated by promulgation in this part 228. A list of 
``Approved Interim and Final Ocean Dumping Sites'' was published on 
January 11, 1977 (42 FR 2461 (January 11, 1977)). The list established 
two sites for Tampa, Site A and Site B, as interim sites. Subsequent 
legal action by Manatee County and extensive field efforts have 
resulted in the identification of the now proposed site. The details of 
these events can be found in the ``Final Environmental Impact Statement 
for the Designation of an Ocean Dredged Material Disposal Site Located 
Offshore Tampa, Florida.'' Interested persons may participate in this 
proposed rulemaking by submitting written comments within 45 days of 
the date of this publication to the address given above.

B. EIS Development

    Section 102(2)(C) of the National Environmental Policy Act (NEPA) 
of 1969, as amended, 42 U.S.C. 4321 et seq., requires that federal 
agencies prepare an Environmental Impact Statement (EIS) on proposals 
for legislation and other major federal actions significantly affecting 
the quality of the human environment. The object of NEPA is to build 
into the Agency decision making process careful consideration of all 
environmental aspects of proposed actions. While NEPA does not apply to 
EPA activities of this type, EPA has voluntarily committed to prepare 
EISs in connection with ocean disposal site designations such as this 
(see 39 FR 16186 (May 7, 1974)).
    EPA, in cooperation with the Jacksonville District of the U.S. Army 
Corps of Engineers (COE), has prepared a Final EIS (FEIS) entitled 
``Final Environmental Impact Statement for the Designation of An Ocean 
Dredged Material Disposal Site Located Offshore Tampa, Florida.'' On 
September 23, 1994, the Notice of Availability. (NOA) of the FEIS for 
public review and comment was published in the Federal Register (59 FR 
48878 (September 23 1994)). Anyone desiring a copy of the EIS may 
obtain one from the addresses given above. The public comment period on 
the final EIS closed on October 24, 1994. The closing date was extended 
for 15 days due to a request by the State of Florida.
    EPA received 1 comment letter on the Final EIS. The letter was from 
the State of Florida (dated November 18, 1994) and stated that the 
proposed designation was found to be consistent with the Florida 
Coastal Management Program.
    This rule proposes the permanent designation for continuing use of 
the previously designated Site 4 near Tampa, 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 permanent 
designation of the Tampa ODMDS is based on a demonstrated COE need for 
ocean disposal of maintenance dredged material from the Federal 
navigation projects in the greater Tampa Bay area. However, every 
disposal activity by the COE is evaluated on a case-by-case basis to 
determine the need for ocean disposal for that particular case. The 
need for ocean disposal for other projects, and the suitability of the 
material for ocean disposal, will be determined on a case-by-case basis 
as part of the COE's process of issuing permits for ocean disposal for 
private/federal actions and a public review process for their own 
actions.
    For the Tampa ODMDS, the COE and EPA would evaluate all federal 
dredged material disposal projects pursuant to the EPA criteria given 
in the Ocean Dumping Regulations (40 CFR parts 220-229) and the COE 
regulations (33 CFR 209.120 and 335-338). The COE then issues Marine 
Protection, Research, and Sanctuaries Act (MPRSA) permits after 
compliance with regulations is determined to private applicants for the 
transport of dredged material intended for ocean disposal. EPA has the 
right to disapprove any ocean disposal project if, in its judgment, the 
MPRSA environmental criteria (Section 102(a)) or conditions of 
designation (Section 102(c)) are not met.
    The FEIS discusses the need for this site designation and examines 
ocean disposal site alternatives to the proposed action. Non-ocean 
disposal options have been examined and are discussed in the FEIS.

C. Proposed Site Designation

    The proposed site is located west of Tampa, Florida, approximately 
18 nautical miles (nmi) offshore. The proposed ODMDS occupies an area 
of about 4 square nautical miles (nmi\2\), in the configuration of an 
approximate 2 nmi by 2 nmi square. Water depths within the area average 
22 meters (m). The coordinates of the Tampa site proposed for final 
designation are as follows:

27 deg.32'27'' N 83 deg.06'02'' W;
27 deg.32'27'' N 83 deg.03'46'' W;
27 deg.30'27'' N 83 deg.06'02'' W; and
27 deg.30'27'' N 83 deg.03'46'' W.

D. Regulatory Requirements

    Pursuant to the Ocean Dumping Regulations, 40 CFR 228.5, five 
general criteria are used in the selection and approval for continuing 
use of ocean disposal sites. Sites are selected so as to minimize 
interference with other marine activities, to prevent any temporary 
perturbations associated with the disposal from causing impacts outside 
the disposal site, and to permit effective monitoring to detect any 
adverse impacts at an early stage. Where feasible, locations off the 
Continental Shelf and other sites that have been historically used are 
to be chosen. If, at any time, disposal operations at a site cause 
unacceptable adverse impacts, further use of the site can be restricted 
or terminated by EPA. The proposed site conforms to the five general 
criteria.
    In addition to these general criteria in Sec. 228.5, Sec. 228.6 
lists the 11 specific criteria used in evaluating a proposed disposal 
site to assure that the general criteria are met. Application of these 
11 criteria constitutes an environmental assessment of the impact of 
disposal at the site. The characteristics of the proposed site are 
reviewed below in terms of these 11 criteria (the EIS may be consulted 
for additional information).
    1. Geographical position, depth of water, bottom topography, and 
distance from coast (40 CFR 228.6(a)(1)). The boundary of the proposed 
site is given above. The western boundary of the proposed site is 
located about 18 nmi offshore of Tampa, Florida. The site is an 
approximate 2 nmi by 2 nmi square configuration. Water depth in the 
area averages 22 m.
    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)). Many of the area's species spend their adult lives in the 
offshore region, but are [[Page 3188]] estuary-dependent because their 
juvenile stages use a low salinity estuarine nursery region. Specific 
migration routes are not known in the Tampa area. The site is not known 
to include any major breeding or spawning area. Due to the motility of 
finfish, it is unlikely that disposal activities will have any 
significant impact on any of the species found in the area.
    3. Location in relation to beaches and other amenity areas (40 CFR 
228.6(a)(3)). The proposed site is located approximately 18 nautical 
miles from the coast. Amenity areas for recreational fishing and diving 
are present throughout the nearshore region, particularly at scattered 
hard-bottom reefs. Some diving and fishing may occur near the site, 
although less frequently than at sites closer to shore. Considering the 
distance that the proposed disposal site is offshore of beach areas, 
dredged material disposal at the site is not expected to have an effect 
on the recreational uses of these beaches. Modelling performed by the 
EPA indicates that disposed material will not impact these areas.
    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(a)(4)). It is anticipated that the proposed site will 
be used primarily for disposal of maintenance material from the federal 
channels leading into Tampa Bay. Maintenance dredging of the entrance 
channel has not occurred since it was deepened in 1985. Estimated 
volumes for this maintenance is expected to be about 2 million cubic 
yards. For each future dredging project, each disposal plan must be 
evaluated on a case-by-case basis to ensure that ocean disposal is the 
best alternative and that the material meets the Ocean Dumping Criteria 
in 40 CFR part 227.
    5. Feasibility of surveillance and monitoring (40 CFR 228.6(a)(5)). 
Due to the relative proximity of the site to shore and its depth, 
surveillance will not be difficult. The Site Management and Monitoring 
Plan (SMMP) for the Tampa ODMDS has been developed and was included as 
an appendix in the FEIS. This SMMP establishes a sequence of monitoring 
surveys to be undertaken to determine any impacts resulting from 
disposal activities. The SMMP may be modified for cause by the 
responsible agency. A copy of the SMMP may be obtained at the any of 
the addresses given above.
    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)). Prevailing currents parallel the 
coast and are generally oriented along a north-south axis. Southerly 
flow predominates. A dredged material dispersion study conducted by the 
EPA for the short-term fate of material disposed at the proposed site 
indicates little possibility of disposed material affecting nearby 
habitats. Measures as discussed in the Site Management and Monitoring 
Plan will be instituted during disposal operations to minimize the 
possibility of material being transported to any habitats of concern.
    7. Existence and effects of current and previous discharges and 
dumping in the area (including cumulative effects) (40 CFR 
228.6(a)(7)). The proposed site has only been used to dispose of the 
material from the Tampa Harbor Deepening project. Subsequent monitoring 
of this disposal and the long-term effects show that no adverse impacts 
have, or are likely to occur to the area.
    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)). While shipping is heavy in the Tampa area, the infrequent 
use of this site and its distance from shore should assure that no 
significant disruption of either commercial shipping or recreational 
boating will occur. Commercial and recreational fishing activities are 
concentrated in inshore and nearshore waters. No mineral extraction, 
desalination, or mariculture activities occur in the immediate area. 
Scientific resources present throughout this area are not 
geographically limited to the proposed Tampa ODMDS or nearby waters.
    9. The existing water quality and ecology of the site as determined 
by available data or by trend assessment or baseline surveys (40 CFR 
228.6(a)(9)). Appropriate water quality and ecological assessments have 
been performed at the site. Site-specific information concerning the 
water quality and ecology at the proposed ODMDS is presented in the 
FEIS. A copy of the FEIS may be obtained at any of the addresses given 
above.
    10. Potentiality for the development or recruitment of nuisance 
species in the disposal site (40 CFR 228.6(a)(10)). The disposal of 
dredged materials should not attract or promote the development of 
nuisance species. No nuisance species have been reported to occur at 
previously utilized disposal sites in the vicinity.
    11. Existence at or in close proximity to the site of any 
significant natural or cultural features of historical importance (40 
CFR 228.6(a)(11)). No known natural or cultural features of historical 
importance occur at or in close proximity to the site.

E. Site Management

    Site management of the Tampa ODMDS is the responsibility of EPA as 
well as the COE. The COE issues permits to private applicants for ocean 
disposal; however, EPA/Region IV assumes overall responsibility for 
site management.
    The Site Management and Monitoring Plan (SMMP) for the proposed 
Tampa ODMDS was developed as a part of the process of completing the 
EIS. This plan provides procedures for both site management and for the 
monitoring of effects of disposal activities. This SMMP is intended to 
be flexible and may be modified by the responsible agency for cause.

F. Proposed Action

    The EIS concludes that the proposed site may appropriately be 
designated for use. The proposed site is compatible with the 11 
specific and 5 general criteria used for site evaluation.
    The designation of the Tampa site as an EPA-approved ODMDS is being 
published as Proposed Rulemaking. Overall management of this site is 
the responsibility of the Regional Administrator of EPA/Region IV.
    It should be emphasized that, if an ODMDS is designated, such a 
site designation does not constitute EPA's approval of actual disposal 
of material at sea. Before ocean disposal of dredged material at the 
site may commence, the COE must evaluate a permit application according 
to EPA's Ocean Dumping Criteria. EPA has the right to disapprove the 
actual disposal if it determines that environmental concerns under 
MPRSA have not been met.
    The Tampa ODMDS is not restricted to disposal use by federal 
projects; private applicants may also dispose suitable dredged material 
at the ODMDS once relevant regulations have been satisfied. This site 
is restricted, however, to suitable dredged material from the greater 
Tampa, Florida vicinity.

G. Regulatory Assessments

    Under the Regulatory Flexibility Act, EPA is required to perform a 
Regulatory Flexibility Analysis for all rules that may have a 
significant impact on a substantial number of small entities. EPA has 
determined that this proposed action will not have a significant impact 
on small entities since the designation will only have the effect of 
providing a disposal option for dredged material. Consequently, this 
Rule does not [[Page 3189]] necessitate preparation of a Regulatory 
Flexibility Analysis.
    Under Executive Order 12866, EPA must judge whether a regulation is 
``major'' and therefore subject to the requirement of a Regulatory 
Impact Analysis. This action will not result in an annual effect on the 
economy of $100 million or more or cause any of the other effects which 
would result in its being classified by the Executive Order as a 
``major'' rule. Consequently, this rule does not necessitate 
preparation of a Regulatory Impact Analysis. This proposed rule does 
not contain any information collection requirements subject to Office 
of Management and Budget review under the Paperwork Reduction Act of 
1980, 44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Approved by:
Patrick M. Tobin,
Acting Regional Administrator.
    In consideration of the foregoing, subchapter H of chapter I of 
title 40 is proposed to be amended as set forth below.

PART 228--[AMENDED]

    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 proposed to be amended by adding paragrpah 
(h)(18) to read as follows:


Sec. 228.15  Dumping sites designated on a final basis.

* * * * *
    (h) * * *
    (18) Tampa, Florida; Ocean Dredged Material Disposal Site ______ 
Region IV.

(i)         27 deg.32'27''   83 deg.06'02''                                                                         
 Location:.  N                W.;                                                                                   
            27 deg.32'27''   83 deg.03'46''                                                                         
             N                W.;                                                                                   
            27 deg.30'27''   83 deg.06'02''                                                                         
             N                W.;                                                                                   
            27 deg.30'27''   83 deg.03'46''                                                                         
             N                W.                                                                                    
                                                                                                                    

    Size: Approximately 4 square nautical miles.
    Depth: Approximately 22 meters.
    Primary use: Dredged material.
    Period of use: Continuing use.
    Restriction: Disposal shall be limited to suitable dredged material 
from the greater Tampa, Florida vicinity. Disposal shall comply with 
conditions set forth in the most recent approved Site Management and 
Monitoring Plan.
* * * * *
[FR Doc. 95-930 Filed 1-12-95; 8:45 am]
BILLING CODE 6560-50-P