Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations 9873

ENVIRONMENTAL PROTECTION navigation in the vicinity of Humboldt SUPPLEMENTARY INFORMATION: The AGENCY Bay. The modified site will be subject to supporting document for this site monitoring and management to ensure modification action is the Final 40 CFR Part 228 continued protection of the marine Evaluation and Environmental environment. Assessment for Expansion of the [EPA–R09–OW–2020–0188; FRL–10016–87– Existing Humboldt Open Ocean DATES: Effective March 19, 2021. Region 9] Disposal Site (HOODS) Offshore of ADDRESSES: The EPA has established a Ocean Dumping: Modification of an Eureka, (Final EA). This docket for this action under Docket ID document and its appendices are Ocean Dredged Material Disposal Site No. EPA–R09–OW–2020–0188. All Offshore of Humboldt Bay, California available via the EPA website https:// documents in the docket are listed on www.epa.gov/ocean-dumping/ AGENCY: Environmental Protection the https://www.regulations.gov humboldt-open-ocean-disposal-site- Agency (EPA). website, or please contact the person hoods-documents. identified in the FOR FURTHER ACTION: Final rule. INFORMATION CONTACT section for I. Potentially Affected Persons SUMMARY: The Environmental Protection additional availability information. If Persons potentially affected by this Agency (EPA) is permanently modifying you need assistance in a language other action include those who seek or might the boundaries of the existing EPA- than English or if you are a person with seek permits or approval to dispose of designated Humboldt Open Ocean disabilities who needs a reasonable dredged material into ocean waters Disposal Site (referred to hereafter as accommodation at no cost to you, please pursuant to the MPRSA, 33 U.S.C. 1401 HOODS) offshore of Humboldt Bay, contact the person identified in the FOR to 1445. The EPA’s action would be California, pursuant to Section 102 of FURTHER INFORMATION CONTACT section. relevant to persons, including the Marine Protection, Research and FOR FURTHER INFORMATION CONTACT: organizations and government bodies Sanctuaries Act, as amended (MPRSA). Brian Ross, U.S. Environmental seeking to dispose of dredged material The primary purpose for the site Protection Agency Region 9, Water in ocean waters offshore of Humboldt modification is to enlarge the site to Division, & Sediment Bay, California. Currently, the U.S. serve the long-term need for disposal of Management Team, 75 Hawthorne Army Corps of Engineers (USACE) permitted, suitable material dredged Street, San Francisco, California 94105; would be most affected by this action. from Humboldt and vicinity, in phone number (415) 972–3475; email: Potentially affected categories and order to provide for continued safe [email protected]. 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 , shipyards and marine repair facilities, berth owners. State, local and tribal governments ...... Governments owning and/or responsible for ports, harbors, and/or berths, government agen- cies requiring disposal of dredged material associated with public works projects.

This table is not intended to be HOODS has mounded to the point Before any person can ocean dump exhaustive, but rather provides a guide where the site is now effectively dredged material at HOODS, the EPA for readers regarding persons likely to reaching full capacity. The USACE San and the USACE must evaluate the be affected by this action. For any Francisco District and EPA Region 9 project according to the ocean dumping questions regarding the applicability of have identified a need to increase the regulatory criteria (40 CFR 227) and the this action to a particular entity, please capacity of HOODS so that ongoing USACE must authorize the disposal refer to the contact person listed in the dredging can continue to provide for under section 103 of the MPRSA. 33 preceding FOR FURTHER INFORMATION safe navigation in and around Humboldt U.S.C. 1413(b). The USACE relies on the CONTACT section. Bay. The need for increasing ocean EPA’s ocean dumping criteria when disposal capacity at HOODS is based on II. Background evaluating permit requests for (and historical dredging volumes, estimates implementing federal projects a. History of Ocean Disposal Offshore of future dredging needs, and currently involving) the transportation of dredged limited availability of alternatives to Humboldt Bay, California material for the purpose of dumping it ocean disposal in the area. HOODS is the only designated ocean The EPA is modifying the existing into ocean waters. MPRSA permits and dredged material disposal site (ODMDS) HOODS boundaries rather than federal approvals for projects involving off the coast of Humboldt Bay, designating a new ocean disposal site ocean dumping of dredged material are California. The original HOODS was off the coast of Humboldt Bay. subject to the EPA’s review and located three to four nautical miles Monitoring studies at HOODS have concurrence in accordance with 33 (nmi) offshore Humboldt Bay, and was confirmed that there have been no U.S.C. 1413(c). The EPA may concur one square nautical mile (nmi2) in size. significant adverse environmental with or without conditions or decline to HOODS originally received final consequences of disposal in this area, concur (i.e., non-concur) on the permit designation by the EPA in 1995. Since and that there are no unique or limited or federal project authorization. If the that time an average of one million habitats, features, or uses of the ocean EPA concurs with conditions, the final cubic yards (cy) of dredged material has that would be affected by expanding the permit or authorization must include been disposed at HOODS each year. The site. Note that modifying the existing those conditions. If the EPA declines to great majority of this material has been HOODS boundary does not by itself concur, the USACE cannot issue the sand dredged by USACE from the mean that dredged material from any permit for ocean dumping of dredged Humboldt Harbor entrance channel. The specific project will necessarily be material or authorize the transportation dredged sand that has been disposed at approved to be disposed at the site. to and disposal of dredged material in

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the ocean associated with the federal unanticipated or significant adverse HOODS will ensure that mounding of project. effects are not occurring from past or disposed sand does not occur to the The draft Environmental Assessment continued use of the ocean disposal site extent that the wave climate near the (EA) supporting this action, along with and that terms of the MPRSA permit are Humboldt entrance channel is altered other publicly available docket met. All persons using HOODS will be and adversely affects navigation materials, was made available for public required to follow any project-specific conditions. This action therefore review at www.regulations.gov, and also permit conditions, as well as provisions satisfies this MPRSA criterion. on the EPA Region 9 web page: https:// of the updated Site Management and (b) Sites must be situated such that www.epa.gov/ocean-dumping/ Monitoring Plan (SMMP) for the temporary perturbations to water quality humboldt-open-ocean-disposal-site- modified site as identified or or other environmental conditions hoods-documents. EPA received incorporated into a permit or Federal during initial mixing caused by disposal comments from a total of four entities. project approval. The updated SMMP is operations would be reduced to normal Comments received, and EPA’s available as an appendix to the Final ambient levels or undetectable responses, are summarized below. EA, and separately at https:// contaminant concentrations or effects www.epa.gov/ocean-dumping/ before reaching any beach, shoreline, b. Location and Configuration of the humboldt-open-ocean-disposal-site- marine sanctuary, or known Modified HOODS hoods-documents. It includes geographically limited fishery or This action is the modification (by management and monitoring shellfishery. (40 CFR 228.5(b)). expansion) of the original HOODS. The considerations to ensure that disposal The HOODS modification area will be modified boundaries expand the activities will not unreasonably degrade used for disposal of suitable dredged original HOODS from one nmi2 to four or endanger the marine environment, material as determined by Section 102 nmi2 in size. The modified HOODS is in human health, welfare, or economic of the MPRSA, 33 U.S.C. 1412, and the approximately ¥150 to ¥210 feet of potentialities. The updated SMMP for Ocean Dumping Criteria published at 40 water (¥45 to ¥64 meters). The the modified HOODS also includes CFR 220–228. Based on the USACE and location of the modified site is defined management conditions to ensure EPA dredged material testing and by the coordinates listed below. These adverse mounding does not occur at the evaluation procedures, disposal of new boundaries supersede and replace site, and that the minimum area of the dredged maintenance material and the original boundaries of HOODS. The modified site is affected by disposal in proposed new work material is not coordinates for the expanded site are in any year. expected to have any significant impact North American Datum 83 (NAD 83): on water quality. The existing and d. MPRSA Criteria modified HOODS boundaries are Modified HOODS Coordinates (NAD 83) In evaluating the modified HOODS, located sufficiently far from shore and (A) 40°50.300′ N, 124°018.017′ W the EPA assessed the site according to fisheries resources to allow temporary ° ′ ° ′ (B) 40 49.267 N, 124 15.767 W the criteria of the MPRSA, with water quality disturbances caused by (C) 40°47.550′ N, 124°17.083′ W ° ′ ° ′ emphasis on the general and specific disposal of dredged material to be (D) 40 48.567 N, 124 19.300 W regulatory criteria of 40 CFR part 228, to reduced to ambient conditions before The modification of the HOODS determine whether the site modification reaching any environmentally sensitive boundary will allow the EPA to action satisfies those criteria. The Final areas. adaptively manage the site to maximize EA provides a detailed evaluation of the (c) The sizes of disposal sites will be its capacity, manage mounding and loss criteria and other related factors for the limited in order to localize for of fine sediments outside of the site, and modification of HOODS. identification and control any minimize the potential for any long- immediate adverse impacts, and to term adverse effects to the marine General Criteria (40 CFR 228.5) permit the implementation of effective environment. (a) Sites must be selected to minimize monitoring and surveillance to prevent interference with other activities in the adverse long-range impacts. Size, c. Management and Monitoring of the marine environment, particularly configuration, and location are to be Site avoiding areas of existing fisheries or determined as part of the disposal site The modified HOODS is expected to shellfisheries, and regions of heavy evaluation. (40 CFR 228.5(d)). continue to receive suitable dredged commercial or recreational navigation. The location, size, and configuration material from the Federal navigation (40 CFR 228.5(a)). of the modified HOODS boundaries project at Humboldt Harbor, California, The original 1995 site designation provide long-term capacity, while also and suitable dredged material from identified the HOODS location as permitting effective site management, other local and regional dredging having the least potential for adverse site monitoring, and limiting applicants who obtain an MPRSA impacts to important fish and environmental impacts to the permit for the disposal of dredged resources (particularly including smelt, surrounding area to the greatest extent material at the site. Under the Ocean flatfish, and decapods which are all practicable. Dumping regulations (40 CFR 228.3(b)), most abundant in waters shallower than The Final EA supporting this action EPA is responsible for the management 50 m in the area, closer to shore). In considered two alternatives for of all ocean disposal sites designated addition, as part of development of the modifying HOODS: Expansion by 0.5 under the MPRSA. Management of the Final EA supporting this action, the nmi to the north and west; and ocean disposal sites consists of EPA completed informal consultation expansion by 1.0 nmi to the north and regulating the times, quantity and with the National Marine Fisheries west (the selected action). Under the characteristics of the material dumped Service (NMFS) and the U.S. Fish and selected action, the effective total at the site; establishing disposal Wildlife Service (USFWS), and capacity of the site increases from the controls, conditions and requirements to confirmed that ongoing use of the original 25 million cy to over 100 avoid and minimize potential impacts to modified HOODS would continue to million cy (i.e., allowing for 75 million the marine environment; and avoid adverse effects on existing cy of additional disposal to occur), monitoring the site and surrounding fisheries, shellfisheries, or habitats of before mounding to ¥130 feet could environment to verify that concern. In addition, expansion of again occur across the entire site. If

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today’s disposal practices were to Specific Criteria (40 CFR 228.6) some fines, and most will originate from continue unchanged (i.e., if an average (1) Geographical Position, Depth of Humboldt Harbor. Average yearly of 1 million cy of entrance channel sand Water, Bottom Topography and disposal of dredged material is expected per year were to continue being Distance from Coast. (40 CFR to continue to be approximately disposed of at HOODS indefinitely), the 228.6(a)(1)). 1,000,000 cubic yards, primarily by site would reach capacity again in about The modified HOODS is on the government owned or contracted 75 years. In contrast, the smaller continental shelf three to five nmi hopper dredges. None of the material is expansion alternative would provide offshore of Eureka, California, in water packaged in any manner. If a Nearshore effective capacity for about 30 years of depths of approximately 150 to 210 feet Sand Placement Site (NSPS) is disposal. This smaller footprint would (45 to 64 m). The seafloor in this area established nearby in the future, the also limit on-site management options is comprised of a gently sloping, volume of sand disposed at HOODS could substantially decrease. compared to the selected action. essentially featureless sedimentary plain (5) Feasibility of Surveillance and When determining the size of the that grades evenly from fine sand in Monitoring. (40 CFR 228.6(a)(5)). modified site, the ability to implement shallower depths to silts in deeper effective monitoring and surveillance The EPA expects monitoring and areas. The EA contains a map of the surveillance at the modified HOODS to programs was considered to ensure that modified HOODS boundaries. the environment of the site could be continue to be feasible and readily (2) Location in Relation to Breeding, performed from ocean or regional class protected, and that navigational safety Spawning, Nursery, Feeding, or Passage would not be compromised by the research vessels. The area of the Areas of Living Resources in Adult or modified HOODS has been successfully mounding of dredged material. The EPA Juvenile Phases. (40 CFR 228.6(a)(2)). and USACE have demonstrated that the surveyed and sampled in 2008 and The HOODS area provides feeding 2014. The EPA and USACE will modified HOODS area is feasible to and breeding areas for common resident manage and monitor, as shown by continue to periodically monitor the site benthic organisms, fish, marine for physical, biological and chemical successful surveys in 2008 and 2014. mammal, turtle, and seabird species. attributes, as described in the draft The updated SMMP (Appendix D of the However, the modified HOODS SMMP for the proposed modified site. Final EA) describes the future boundaries have been selected to avoid (6) Dispersal, Horizontal Transport monitoring and management activities the presence of any unique or limited and Vertical Mixing Characteristics of that the EPA and USACE will breeding, spawning, nursery, feeding, or the Area, including Prevailing Current implement to confirm that disposal at passage areas for adult or juvenile Direction and Velocity, if any. (40 CFR the site is not significantly affecting phases of living resources and 228.6(a)(6)). adjacent areas. modification of the site is not expected Ocean current monitoring in the (d) EPA will, wherever feasible, to affect any geographically limited (i.e., vicinity of HOODS has confirmed both designate ocean dumping sites beyond unique) resources or habitats. Informal up- and down-coast current directions the edge of the continental shelf and Endangered Species Act (ESA) (depending on the season), with near- other such sites where historical consultation with USFWS, and both surface current velocities on the order of disposal has occurred. (40 CFR ESA and Essential Fish Habitat (EFH) 25 cm/sec (0.5 knot), and deeper-water 228.5(e)). consultations with NMFS, confirmed current velocities of 20 cm/sec (0.4 The continental shelf break is that ongoing disposal operations in the knot) at 45 meters deep and 15 cm/sec approximately 10 nmi offshore at modified HOODS will not have (0.3 knot) at the bottom. These current Eureka, California. The Zone of Siting significant impacts to sensitive living conditions have not adversely affected Feasibility (ZSF) analysis prepared by resources or their habitats. the ability to successfully and precisely USACE in support of the original (1995) (3) Location in Relation to Beaches dispose of dredged material permitted HOODS designation determined that an and Other Amenity Areas. (40 CFR or authorized for disposal at HOODS in economically practicable ocean disposal 228.6(a)(3)). the past nor are they expected to affect site serving Humboldt Harbor could not The modified HOODS boundaries disposal in the future. be located off the continental shelf, but begin at approximately three nmi (7) Existence and Effects of Current rather would have to be within offshore and the square site extends two and Previous Discharges and Dumping approximately 4 nmi from the ends of nmi further offshore. The site is in the Area (including Cumulative the entrance channel jetties. The therefore well removed from beaches or Effects). (40 CFR 228.6(a)(7)). original HOODS boundary is 2.5 to 3.7 amenity areas, and currents in the area Previous disposal of dredged material nmi from these jetties. The modified are not expected to transport material at the existing HOODS has resulted in HOODS boundary will extend from 3 disposed at HOODS toward shore. No mounding of sand and burial of benthic nmi to 5 nmi from the jetties, largely significant impacts to beaches or organisms within the site but no encompassing and superseding the amenity areas associated with use of the discernable physical, chemical, or original boundary. While portions of the existing HOODS have been detected. biological effects outside the site. Water modified site are slightly beyond the (4) Types and Quantities of Wastes quality effects from active disposal are original ZSF threshold of 4 nmi, the Proposed to be Disposed of, and temporary, spatially limited, and return expansion area remains as close to the Proposed Methods of Release, including to background levels prior to the next entrance channel as practicable while Methods of Packing the Waste, if any. disposal event. Short-term, long-term, allowing capacity for future disposal (40 CFR 228.6(a)(4)). and cumulative effects of dredged needs without creating potentially Only suitable dredged material that material disposal in the modified site unsafe mounding. Also, the modified meets the Ocean Dumping Criteria in 40 would be negligible, and similar to HOODS will occur immediately CFR 220–228 and receives a permit or those for the existing HOODS. adjacent to where disposal of virtually is otherwise authorized for dumping by The only discharge in the vicinity of identical dredged material has occurred the USACE, and concurred with by HOODS is from DG Fairhaven Power for the past 25 years. This allows the EPA, will be disposed in the modified LLC’s Fairhaven Power Facility on the least area to be disturbed overall from HOODS. Dredged materials dumped in Samoa Peninsula. Fairhaven Power is ongoing and future disposal activity. this area will be primarily sand with permitted to discharge a maximum of

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0.35 million gallons per day of background, before subsequent disposal structures, or other material extended powerplant-related process water, events occur. The seafloor in this area above the sediment surface at any of cooling tower water, and other is comprised of a gently sloping, these locations. Because these wastewater under terms of their current essentially featureless sedimentary plain anomalies do not extend above the National Pollutant Discharge that grades evenly from fine sand in surface now, and apparently have not Elimination System (NPDES) permit No. shallower depths to silts in deeper since at least 1991, their exact character CA0024571, issued by the State of areas. The existing HOODS supports remains unknown. Ongoing disposal California’s Water Board. benthic and epibenthic fauna operations may effectively bury these The company discharges through an characteristic of the region, but there are features further but will not otherwise existing outfall into ocean waters no unique or limited habitats in the directly affect them. adjacent to the Samoa Peninsula. The vicinity. No adverse impacts to benthos NPDES permit prohibits discharging outside the disposal site have been III. Environmental Statutory Review wastewater in violation of effluent identified based on comprehensive a. National Environmental Policy Act standards or prohibitions established monitoring. (NEPA) under Section 307(a) of the Clean Water (10) Potentiality for the Development The EPA’s primary voluntary NEPA Act, and it also prohibits discharging or Recruitment of Nuisance Species in document for modifying the original sewage sludge. The outfall is located the Disposal Site. (40 CFR 228.6(a)(10)). HOODS is the Final EA, prepared by the approximately 3.5 nautical miles (6.5 Nuisance species, considered as any EPA in cooperation with the USACE. kilometers) east of the HOODS. undesirable organism not previously The draft EA was issued for public Prevailing nearshore currents would existing at a location, have not been direct discharge plumes from this observed at, or in the vicinity of, the review simultaneously with the outfall up or down the coast, depending modified HOODS. Disposal of dredged proposed rule on May 29, 2020. The of the seasonal current regime, not material, as well as monitoring, has Final EA, including all public offshore towards the HOODS. The EPA been ongoing for the past 25 years. The comments received and EPAs responses believes that there will be no adverse dredged material to be disposed at the to comments, is being published cumulative or synergistic impacts from modified site is expected to be from simultaneously with this final rule and the use of HOODS and discharges from similar locations to those dredged is also available separately at https:// the outfall described. previously and disposed of at the www.epa.gov/ocean-dumping/ (8) Interference with Shipping, existing site; therefore, it expected that humboldt-open-ocean-disposal-site- Fishing, Recreation, Mineral Extraction, any benthic organisms transported to hoods-documents. The Final EA and its Desalination, Fish and Shellfish the site would be relatively similar in Appendices provide the threshold Culture, Areas of Special Scientific nature to those already present. environmental review for modification Importance and Other Legitimate Uses (11) Existence at or in Close Proximity of HOODS. It discusses in detail the of the Ocean. (40 CFR 228.6(a)(8)). to the Site of any Significant Natural or purpose and need for the proposed Minor, short-term interferences with Cultural Feature of Historical action and examines alternatives. The commercial and recreational boat traffic Importance. (40 CFR 228.6(a)(11)). EPA determined that there would be no may occur within Humboldt Harbor EPA extended government-to- significant adverse impacts of during dredging operations. However, government consultation offers to 10 implementing either of the action interference as a result of the transport potentially affected tribes. The Tribal alternatives evaluated for modifying and disposal of dredged material to Historic Preservation Offices of three of HOODS. HOODS would be even less because those (the Tribe, the Blue Lake The following three ocean disposal disposal vessels move slowly, remain in Rancheria, and the Bear River Band of alternatives were considered in detail in established navigation channels, and the Rohnerville Rancheria) requested the Final EA. further discussion. Based on those operations are announced via U.S. Coast No Action Alternative Guard Notice to Mariners. There may be discussions, the tribes determined that minor, temporary interferences with the offshore location of the HOODS The No Action Alternative is defined recreational fishing in the area during expansion would not affect their as not modifying the size of the original disposal operations, but HOODS is not onshore cultural resources of concern. HOODS boundaries. This alternative closed to fishing or other uses. HOODS EPA also evaluated state records and would not address the need for an has not been identified as an area of coordinated with the California State adequately sized ocean disposal site to special scientific importance. There are Lands Commission concerning historic accommodate an annual average of no aquaculture areas near the site. The shipwrecks near HOODS. The EA 1,000,000 cy of ongoing and future likelihood of direct interference with documents that the nearest recorded dredging. Because there is no other these activities is therefore negligible. shipwreck sites are close to shore and currently available disposal site for this (9) The Existing Water Quality and would not be affected by ongoing material, rapid shoaling of the entrance Ecology of the Sites as Determined by disposal at HOODS. In addition, USACE channel would quickly render Available Data or Trend Assessment of conducted a survey for potential navigation unsafe, significantly affecting Baseline Surveys. (40 CFR 228.6(a)(9)). shipwrecks near the existing HOODS in the economy of the greater Eureka area. Water quality at the existing HOODS 1991 (prior to designation of the existing Increased wave action in the Harbor is typical of waters offshore of the HOODS). The USACE survey identified entrance would endanger commercial northern California coast. Monitoring three magnetic anomalies that could ships as well as fishing and recreational conducted in the vicinity of the potentially be associated with vessels. This situation would discourage proposed modified HOODS and unrecorded shipwrecks. None of these shippers from using Humboldt Bay for experience with past disposals in the anomalies has been buried by the commerce, because it requires existing HOODS have not identified any existing HOODS disposal mound. The additional vessel trips to accommodate adverse water quality impacts from EPA collected high-resolution ‘‘light-loaded’’ vessels, resulting in ocean disposal of dredged material. multibeam echo sounder data in 2014 at increased transportation costs, Water column plumes associated with the locations of each magnetic anomaly, decreased vessel safety, and disposal events rapidly return to and confirmed that no debris, maneuvering problems. This would

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have a long-term adverse impact on the b. Magnuson-Stevens Act these findings and no additional local economy. In addition, use of the The EPA submitted an EFH mitigation measures were recommended Humboldt Harbor as a port of refuge assessment to the NMFS, pursuant to beyond the avoidance and minimization could be affected. Finally, ship Section 305(b), 16 U.S.C. 1855(b)(2), of aspects of the EPA mandatory disposal groundings caused by improperly the Magnuson-Stevens Fishery site use conditions which would apply maintained deep-draft channels could Conservation and Management Act, as to every project using HOODS (these result in adverse ecological amended, 16 U.S.C. 1801 to 1891. The conditions are included with the repercussions (i.e., oil and fuel spills). EPA determined that this action will not SMMP, and relevant provisions of the Although the No Action Alternative significantly affect managed species or SMMP would be identified or would not address the purpose and EFH. NMFS concurred with the EPA’s incorporated into subsequently issued need for action, it was evaluated as a determination, but included one permits and Federal projects). basis to compare the effects of the other Conservation Recommendation to alternatives considered. e. National Historic Preservation Act further minimize potential impacts. The National Historic Preservation Alternative 1: Expansion of HOODS by Specifically, NMFS recommended Act (NHPA), 16 U.S.C. 470 through 1 nmi (Preferred Alternative) continuing to manage future disposal at 470a–2, requires federal agencies to Alternative 1, the Selected Action, is HOODS by expanding the mound while consider the effect of their actions on to slightly reorient and expand the leaving other areas of the site districts, sites, buildings, structures, or existing HOODS boundary by one nmi undisturbed as long as possible, rather objects, included in, or eligible for to the north (upcoast) and one nmi to than purposely spreading disposal inclusion in the National Register of the west (offshore). Alternative 1 is the events throughout the site each year. Historic Places (NRHP). The depths of Selected Action because it would The updated SMMP discusses how EPA the expanded HOODS (approximately provide environmentally acceptable will implement this NMFS Conservation 150–210 feet) generally excludes disposal capacity for many years, while Recommendation. potential habitation or resources related also affording the most operational c. Coastal Zone Management Act to human settlements in this area. flexibility for managing the dredged Historic shipwreck remnants do exist in The EPA submitted a Consistency material in a manner that would further the general vicinity, but none would be Determination (CD) package to the minimize even physical impacts over affected by ongoing disposal activities California Coastal Commission (CCC) on time. This configuration would result in within the expanded HOODS July 20, 2020, following the close of the the total area of the site increasing from boundaries. one square nmi to four square nmi, and public comment period on the draft EA would supersede the original HOODS and the proposed rule. The CD package IV. Statutory and Executive Order boundary. The effective total capacity of specifically addresses how the proposed Reviews the site would increase from the original action to expand HOODS is consistent This rule modifies the HOODS by 25 million cy to over 100 million cy to the maximum extent practicable with replacing the boundaries of the existing (i.e., allowing for 75 million cy of the California Coastal Act Chapter 3 site with expanded boundaries, additional disposal to occur), before policies. On October 9, 2020, the CCC pursuant to Section 102 of the MPRSA, mounding to ¥130 feet could again unanimously concurred with EPA’s CD 33 U.S.C 1412. This action complies occur across the entire site. If current and did not propose any additional with applicable executive orders and disposal practices were to continue measures beyond those already statutory provisions as follows: unchanged (i.e., if 1 million cy of contained in the updated SMMP. a. Executive Order 12866: Regulatory entrance channel sand per year were to d. Endangered Species Act continue to be disposed of at HOODS Planning and Review and Executive indefinitely), the modified site would The ESA, as amended, 16 U.S.C. 1531 Order 13563: Improving Regulation and reach capacity in about 75 years. tthrough 1544, requires federal agencies Regulatory Review to consult with NMFS and the USFWS Alternative 2: Expansion of HOODS by This action is not a ‘‘significant to ensure that any action authorized, regulatory action’’ under the terms of 1⁄2 nmi funded, or carried out by the federal Executive Order 12866 (58 FR 51735, Alternative 2 is the expansion of the agency is not likely to jeopardize the October 4, 1993) and is therefore not 1 existing HOODS boundary by ⁄2 nmi to continued existence of any endangered subject to review under Executive 1 the north (upcoast) and ⁄2 nmi to the species or threatened species or result in Orders 12866 and 13563 (76 FR 3821, west (offshore). This configuration the destruction or adverse modification January 21, 2011). would result in the total area of the site of any critical habitat. The EPA increasing from 1 square nmi to 2.25 completed informal ESA consultations b. Executive Order 13089: Coral Reef square nmi and would supersede the with USFWS and NMFS, and the Protection original HOODS boundary. The effective consultations are included as an Executive Order 13089 on Coral Reef total capacity of the site would increase Appendix to the EA. Protection directs agencies ‘‘to preserve from the original 25 million cy to Based on those consultations, the EPA and protect the biodiversity, health, approximately 56 million cy (i.e., determined that this action will have heritage, and social and economic value allowing for approximately 31 million ‘‘no effect’’ on marine mammals, sea of U.S. coral reef ecosystems and the cy of additional disposal to occur), turtles and certain seabird species. The marine environment.’’ This E.O. does before mounding to ¥130 feet could EPA further determined that this action not apply to this action because there again occur across the entire site. If ‘‘may affect but is not likely to adversely are no coral reef ecosystems in the current disposal practices were to affect’’ anadromous fish (including the HOODS area. continue unchanged (i.e., if 1 million cy SONCC Coho ESU, the CC Chinook per year of entrance channel sand were ESU, the NC Steelhead DPS, c. Paperwork Reduction Act to continue to be disposed of at HOODS Eulachon, and sDPS Green Sturgeon), This action does not impose an indefinitely), the modified site would marbled Murrelet, and short-tailed information collection burden under the reach capacity in about 31 years. albatross. The Services concurred with provisions of the Paperwork Reduction

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Act, 44 U.S.C. 3501 et seq. Burden is f. Executive Order 13132: Federalism because it does not establish an defined at 5 CFR 1320.3(b). This site This action does not have federalism environmental standard intended to modification does not require persons to implications. It does not have mitigate health or safety risks. obtain, maintain, retain, report, or substantial direct effects on the States, i. Executive Order 13211: Actions publicly disclose information to or for a on the relationship between the national Concerning Regulations That federal agency. government and the States, or on the Significantly Affect Energy Supply, d. Regulatory Flexibility Act distribution of power and Distribution, or Use responsibilities among various levels of This action is not subject to Executive The Regulatory Flexibility Act government, as specified in Executive Order 13211, ‘‘Actions Concerning generally requires federal agencies to Order 13132. Thus, Executive Order Regulations that Significantly Affect prepare a regulatory flexibility analysis 13132 does not apply to this action. In Energy Supply, Distribution, or Use’’ (66 of any rule subject to notice and the spirit of Executive Order 13132, and FR 28355) because it is not a comment rulemaking requirements consistent with the EPA policy to ‘‘significant regulatory action’’ as under the Administrative Procedure Act promote communications between the defined under Executive Order 12866. or any other statute unless the agency EPA and State and local governments, certifies that the rule will not have a the EPA specifically solicited comments j. National Technology Transfer and significant economic impact on a on this action from State and local Advancement Act substantial number of small entities. officials. Section 12(d) of the National Small entities include small businesses, g. Executive Order 13175: Consultation Technology Transfer and Advancement small organizations, and small and Coordination With Indian Tribal Act of 1995 (NTTAA), Public Law 104– 113, 12(d) (15 U.S.C. 272), directs the governmental jurisdictions. For Governments purposes of assessing the impacts of this EPA to use voluntary consensus rule on small entities, small entity is This action does not have tribal standards in its regulatory activities defined as: (1) A small business defined implications, as specified in Executive unless to do so would be inconsistent by the Small Business Administration’s Order 13175 because the modification of with applicable law or otherwise size regulations at 13 CFR 121.201; (2) the existing HOODS will not have a impractical. Voluntary consensus a small governmental jurisdiction that is direct effect on Indian Tribes, on the standards are technical standards (e.g., a government of a city, county, town, relationship between the federal materials specifications, test methods, school district, or special district with a government and Indian Tribes, or on the sampling procedures, and business population of less than 50,000; and (3) distribution of power and practices) that are developed or adopted a small organization that is any not-for- responsibilities between the federal by voluntary consensus bodies. The profit enterprise which is independently government and Indian Tribes. In NTTAA directs the EPA to provide owned and operated and is not addition, the depths of the modified Congress, through Office of Management dominant in its field. The EPA HOODS (approximately 150 to 200 feet) and Budget, explanations when the determined that this action will not generally exclude potential habitation or Agency decides not to use available and have a significant economic impact on resources related to human settlements. applicable voluntary consensus small entities because the rule will only Thus, Executive Order 13175 does not standards. This action includes have the effect of modifying an existing apply to this action. Nevertheless, the environmental monitoring and site in order to allow ongoing disposal EPA specifically solicited input from measurement as described in the of dredged material in ocean waters. officials of 10 potentially interested updated SMMP. The EPA will not After considering the economic impacts tribal governments during both the require the use of specific, prescribed of this rule, the EPA certifies that this scoping and public review phases of analytic methods for monitoring and action will not have a significant this action. EPA also extended managing the modified HOODS. The economic impact on a substantial government-to-government consultation Agency plans to allow the use of any number of small entities. offers to these 10 potentially affected method, whether it constitutes a tribes. The Tribal Historic Preservation voluntary consensus standard or not, e. Unfunded Mandates Reform Act Offices of three of them (the Wiyot that meets the monitoring and Tribe, the Blue Lake Rancheria, and the measurement criteria discussed in the This action contains no federal Bear River Band of the Rohnerville SMMP. mandates under the provisions of Title Rancheria) requested further discussion II of the Unfunded Mandates Reform concerning any potential for effects on k. Executive Order 12898: Federal Act (UMRA) of 1995, 2 U.S.C. 1531 cultural resources of concern. Based on Actions To Address Environmental through 1538, for State, local, or tribal those discussions, the tribes determined Justice in Minority Populations and governments or the private sector. This that the offshore location of the HOODS Low-Income Populations action imposes no new enforceable duty expansion would not affect onshore Executive Order 12898 (59 FR 7629) on any State, local or tribal governments cultural resources. establishes federal executive policy on or the private sector. Therefore, this environmental justice. Its main action is not subject to the requirements h. Executive Order 13045: Protection of provision directs federal agencies, to the of sections 202 or 205 of the UMRA. Children From Environmental Health greatest extent practicable and This action is also not subject to the and Safety Risks permitted by law, to make requirements of section 203 of the The EPA interprets Executive Order environmental justice part of their UMRA because it contains no regulatory 13045 as applying only to those mission by identifying and addressing, requirements that might significantly or regulatory actions that concern health or as appropriate, disproportionately high uniquely affect small government safety risks, such that the analysis and adverse human health or entities. Those entities are already required under section 5–501 of the environmental effects of their programs, subject to existing permitting Executive Order has the potential to policies, and activities on minority requirements for the disposal of dredged influence the regulation. This action is populations and low-income material in ocean waters. not subject to Executive Order 13045 populations in the United States. The

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EPA determined that this action will not boundary. EPA responded that the new (iv) Use Restricted to Disposal of: have disproportionately high and boundary would completely supersede Disposal shall be limited to dredged adverse human health or environmental the original boundary on future NOAA material determined to be suitable for effects on minority or low-income navigation chart updates. ocean disposal according to 40 CFR populations because it does not affect Another agency commented that it 220–228. the level of protection provided to looked forward to receiving EPA’s (v) Period of Use: Continuing use for human health or the environment. The consistency determination for the 50 years from the effective date of this EPA has assessed the overall proposed boundary modification and to updated site designation, subject to protectiveness of modifying the existing working with EPA staff on this restrictions and provisions set forth in HOODS against the criteria established submittal. EPA thanked the agency and paragraph (l)(10)(vi) of this section. pursuant to the MPRSA to ensure that noted that EPA would not publish the (vi) Restrictions/Provisions: Disposal any adverse impact to the environment final rule for modifying HOODS until at HOODS shall be in accordance with will be mitigated to the greatest extent the agency’s comments (if any) had been the permit or Federal project approval practicable. fully considered. that incorporates all conditions set forth The final agency commenter pointed in the most recent Site Management and V. Response to Comments on the out a minor typographical error in draft Proposed Rule, EA and SMMP Monitoring Plan (SMMP) for the EA Section 4.4.1. This typographical HOODS published by EPA in EPA published the draft EA and the error was corrected. consultation with USACE, and as may proposed rule for a 30-day public List of Subjects in 40 CFR Part 228 be modified in EPA concurrences for comment period on May 29, 2020, and individual projects disposing at Environmental protection, Water accepted comments until June 29, 2020. HOODS. The SMMP may be pollution control. Both the draft EA and proposed rule periodically revised as necessary; were available at www.regulations.gov Authority: This action is issued under the proposed substantive revisions to the (Docket ID No. EPA–R09–OW–2020– authority of Section 102 of the Marine SMMP shall be made following 0188) and at https://www.epa.gov/ Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401, 1411, 1412. opportunity for public review and ocean-dumping/humboldt-open-ocean- comment. disposal-site-hoods-documents. Dated: February 3, 2021. * * * * * EPA received feedback from a total of Deborah Jordan, four commenters on the draft EA and [FR Doc. 2021–02731 Filed 2–16–21; 8:45 am] Acting Regional Administrator, EPA Region BILLING CODE 6560–50–P proposed rule. Most of the comments 9. did not specify whether they applied to the EA, the proposed rule, or the SMMP; For the reasons set out in the ENVIRONMENTAL PROTECTION EPA therefore accepted them as preamble, the EPA amends chapter I, applicable to all three documents. The title 40 of the Code of Federal AGENCY Regulations as follows: full comments, and EPA’s responses, are 40 CFR Part 281 included in Appendix E to the Final EA PART 228—CRITERIA FOR THE and are summarized below. Based on MANAGEMENT OF DISPOSAL SITES [EPA–R05–UST–2020–0685; FRL–10020– the comments received, only minor, FOR OCEAN DUMPING 05–Region 5] clarifying wording changes have been made to the Final EA, final rule, and ■ 1. The authority citation for Part 228 Indiana: Final Approval of State updated SMMP. continues to read as follows: Underground Storage Tank Program One citizen commenter supported Revisions Authority: 33 U.S.C. 1412 and 1418. expanding HOODS, asked how long AGENCY: before expansion might be needed ■ 2. Section 228.15 is amended by Environmental Protection again, hoped that expansion would revising paragraph (l)(10) to read as Agency (EPA). cause no environmental harm, and follows: ACTION: Direct final rule. recommended that dumping violations § 228.15 Dumping sites designated on a SUMMARY: Pursuant to the Resource should be punished. EPA responded final basis. Conservation and Recovery Act (RCRA that the site should not need further * * * * * or Act), the Environmental Protection expansion for approximately 75 years at (l) * * * Agency (EPA) is taking direct final present disposal rates; that EPA had (10) Humboldt Open Ocean Disposal action to approve revisions to the State substantial enforcement authority Site (HOODS) Ocean Dredged Material of Indiana’s Underground Storage Tank should violations occur; and that Disposal Site—Region IX. (UST) program submitted by the State. environmental impacts are not expected (i) Location: The coordinates of the EPA has determined that these revisions based on the prior 25 years of site use four corners of the square site are: satisfy all requirements needed for and the results of recent comprehensive ° ′ 40 50.300 North latitude (N) by program approval. The State’s federally- monitoring studies. ° ′ 124 018.017 West longitude (W); authorized program, as revised pursuant One agency commenter pointed out 40°49.267′ N by 124°15.767′ W; some potential for confusion regarding ° ′ ° ′ to this action, will remain subject to 40 47.550 N by 124 17.083 W; and EPA’s inspection and enforcement whether the modified HOODS boundary 40°48.567′ N by 124°19.300′ W (North would completely supersede the authorities under sections 9005 and American Datum from 1983). The 9006 of RCRA subtitle I and other original HOODS boundary on future expanded disposal site boundary NOAA navigation charts, or whether applicable statutory and regulatory defined by these coordinates replaces provisions. both old and new boundaries would be and supersedes the previous boundary. shown. The commenter pointed out that (ii) Size: 4 square nautical miles (13.4 DATES: This rule is effective April 19, if both were shown, confusion could square kilometers). 2021, unless EPA receives adverse result because small corners of the old (iii) Depth: Water depths within the comment by March 19, 2021. If EPA boundary would protrude from the area range between approximately 150 receives adverse comment, it will (otherwise perfectly square) new to 210 feet (45 to 64 meters). publish a timely withdrawal in the

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