[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Rules and Regulations]
[Pages 60370-60383]
[FR Doc No: 2020-21006]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R01-OW-2019-0521; FRL-10014-99-Region 1]

Ocean Disposal; Designation of an Ocean Dredged Material Disposal
Site for the Southern Maine, New Hampshire, and Northern Massachusetts
Coastal Region

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: With the publication of this Final Rule, the Environmental
Protection Agency (EPA) is designating one ocean dredged material
disposal site (ODMDS), the Isles of Shoals North Disposal Site (IOSN),
located in the Gulf of Maine off the coast of southern Maine and New
Hampshire, pursuant to the Marine Protection, Research, and Sanctuaries
Act (MPRSA). This action is necessary to serve the long-term need for
an ODMDS for the possible future disposal of suitable dredged material
from harbors and navigation channels in southern Maine, New Hampshire,
and northern Massachusetts. The basis for this action is described
herein and in the Final Environmental Assessment (FEA). The FEA
identifies designation of the IOSN as the preferred alternative from
the range of options considered. The Site Management and Monitoring
Plan (SMMP) is provided as Appendix G of the FEA.

DATES: The Final rule is effective on October 26, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OW-2019-0521, through the Federal
eRulemaking Portal: https://www.regulations.gov.
    Docket: Publicly available docket materials are available either
electronically at regulations.gov or on the EPA Region 1 Ocean Dumping
web page at https://www.epa.gov/ocean-dumping/isles-shoals-north-disposal-site. They are also available in hard copy during normal
business hours at the EPA Region 1 Library, 5 Post Office Square,
Boston, MA 02109.
    The supporting document for this site designation is the Final
Environmental Assessment for Designation of an Ocean Dredged Material
Disposal Site for the Southern Maine, New Hampshire, and Northern
Massachusetts Coastal Region.

FOR FURTHER INFORMATION CONTACT: Ms. Regina Lyons, U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Mail
Code: 06-1, Boston, MA 02109-3912, telephone:<PHONE_NUMBER>; fax:
(617) 918-0557; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Organization of this document. The following
outline is provided to aid in locating information in this preamble.

I. Final Action
II. Background
III. Purpose and Need
IV. Disposal Site Description
V. Potentially Affected Entities
VI. Summary of Public Comments and EPA's Response
VII. Compliance With Statutory and Regulatory Authorities
    A. Marine Protection, Research, and Sanctuaries Act
    B. National Environmental Policy Act
    C. Coastal Zone Management Act
    D. Endangered Species Act
    E. Magnuson-Stevens Fishery Conservation and Management Act
VIII. Supporting Documents
IX. Statutory and Executive Order Reviews

I. Final Action

    EPA is publishing this Final Rule to designate the IOSN for the
purpose of providing an ocean disposal option for possible use in
managing dredged material from harbors and navigation channels in the
southern Maine, New Hampshire, and northern Massachusetts coastal
region. The site designation is effective for an indefinite period of
time. Without designation of this ODMDS, there will not be an ocean
disposal site available to serve this region after December 31, 2021,
when the current Congressionally-authorized term of use for the Cape
Arundel Disposal Site (CADS) expires. Use of the IOSN is subject to any
restrictions and procedures included in the site designation and the
approved SMMP. These restrictions are based on a thorough evaluation of
the site pursuant to the Ocean Dumping Regulations, potential disposal
activity expected at the site, and consideration of public review and
comment. Additional restrictions may be placed on any permit or
authorization to use the site.
    The site designation process has been conducted pursuant to the
requirements of the MPRSA, Coastal Zone Management Act (CZMA), and
other applicable federal and state statutes and regulations. Compliance
with these requirements is described in detail in Section VII
(``Compliance with Statutory and Regulatory Requirements''). The basis
for this federal action is further

described in the FEA that identifies EPA designation of the IOSN as the
preferred alternative. The FEA also is being released in conjunction
with the publication of this Final Rule. After full consideration of
public comments and extensive interagency coordination, EPA determined
that the designation of IOSN will not have significant environmental
impacts. Therefore, EPA is issuing a Finding of No Significant Impact
(FONSI) with the FEA. The FONSI documents why the agency has concluded
that no significant environmental impacts are expected to result from
the action.

II. Background

    On September 18, 2019, EPA published in the Federal Register (84 FR
49075) a proposed rule (the Proposed Rule) to designate the IOSN as an
ODMDS off the coast of southern Maine and New Hampshire. In the same
Federal Register document, EPA announced the availability for public
comment of a Draft Environmental Assessment (DEA) and draft FONSI that
provided a more detailed explanation of the various studies,
interagency coordination, and public participation that supported the
proposed action. The DEA included the draft SMMP as Appendix G. These
documents were available for public comment for 30 days.
    The MPRSA directs EPA to designate ``sites . . . for [permitted]
dumping that will mitigate adverse impact on the environment to the
greatest extent practicable.'' 33 U.S.C. 1412(c). On October 1, 1986,
the Administrator delegated the authority to designate ODMDS to the
Regional Administrator of the Region in which the sites are located.
The preferred alternative site, IOSN, is located within the area
assigned to EPA Region 1. 40 CFR 1.7(b)(1). Therefore, this designation
is occurring pursuant to the EPA Region 1 Administrator's delegated
authority.
    EPA designates ODMDS by regulation. 40 CFR 228.4(e)(1), 228.15.
There are currently no EPA-designated dredged material disposal sites
off the coast of southern Maine, New Hampshire, or northern
Massachusetts. See CFR 228.15. Section 103(b) of the MPRSA, 33 U.S.C.
1413(b), provides that any ocean disposal of dredged material should
occur at EPA-designated sites to the maximum extent feasible. In cases
where use of an EPA-designated ocean disposal site is not feasible, the
MPRSA authorizes the U.S. Army Corps of Engineers (USACE) to
``select,'' with concurrence from EPA, an ``alternative site.'' 33
U.S.C. 1413(b). An alternative site may not be used for more than two
consecutive five-year terms. Id. In the absence of an EPA-designated
site off the coast of southern Maine, New Hampshire, or Northern
Massachusetts, the USACE previously selected an alternative site in
this area: The Cape Arundel Disposal Site (CADS). USACE New England
District website, https://www.nae.usace.army.mil/Missions/Disposal-Area-Monitoring-System-DAMOS/Disposal-Sites/Cape-Arundel/. However,
this alternative site will no longer be available after December 31,
2021, when its Congressionally-authorized term of use expires. See
Public Law 115-270, Section 1312.
    Designation of an ODMDS by EPA does not by itself authorize the
disposal at that site of dredged material from any dredging project.
Designation of the IOSN would only make that ocean site available for
disposal of dredged material from specific projects after they have
been permitted or authorized by the USACE pursuant to the MPRSA. Such
permit or authorization will only be provided if the applicable MPRSA
regulations are satisfied, which means that no other environmentally
preferable, practicable alternative for managing that dredged material
exists, and that evaluation of the dredged material indicates that it
is suitable for ocean disposal under the MPRSA. See 40 CFR 227.1(b),
227.2 and 227.3; 40 CFR part 227, Subparts B and C.
    The Congressionally-defined purpose of the MPRSA is to ``regulate
the dumping of all types of materials into ocean waters and to prevent
or strictly limit the dumping into ocean waters of any material which
would adversely affect human health, welfare, or amenities, or the
marine environment, ecological systems, or economic potentialities.''
33 U.S.C. 1301. Therefore, ``no person shall transport from the United
States . . . any material for the purpose of dumping it into ocean
waters,'' except as authorized by permit and subject to EPA
regulations. 33 U.S.C. 1411. EPA sets forth regulations implementing
the MPRSA at 40 CFR parts 220-229 (Ocean Dumping Regulations). The
relevant regulations are discussed in greater detail below, in the
Compliance with Statutory and Regulatory Authorities section.
    Under the Ocean Dumping Regulations, EPA is responsible for the
management of all ocean disposal sites designated under the MPRSA. See
40 CFR 228.3(b). To help prevent the occurrence of unacceptable adverse
impacts to public health or the environment, the MPRSA requires EPA, in
conjunction with USACE, to develop a site management and monitoring
plan (SMMP) for each designated ODMDS. 33 U.S.C. 1412(c)(3). As
described above, EPA has developed a SMMP for the IOSN, which is
included as Appendix G of the FEA. A draft of this SMMP was available
for public comment. EPA is authorized to terminate or limit the use of
these sites to further disposal activity if their use causes
unacceptable adverse impacts. 40 CFR 228.11. Any such future
terminations or limitations ``will be made through promulgation of an
amendment to the disposal site designation set forth in . . . [40 CFR
Part] 228. . . .'' Id.

III. Purpose and Need

    Periodic dredging of harbors and channels and, therefore, dredged
material management, are essential for ensuring safe navigation and
facilitating marine commerce. This is because the natural processes of
erosion and siltation result in sediment accumulation in federal
navigation channels, harbors, port facilities, marinas, and other
important areas of our water bodies. Unsafe navigational conditions not
only threaten public safety, but also pose an environmental threat from
an increased risk of spills from vessels involved in accidents.
    Economic considerations also contribute to the need for dredging
(and the environmentally sound management of dredged material). There
are many important navigation-dependent businesses and industries in
the southern Maine, New Hampshire, and northern Massachusetts coastal
region, including shipping (especially the transportation of petroleum
fuels and bulk materials), recreational boating-related businesses,
marine transportation, commercial and recreational fishing, interstate
ferry operations, and U.S. Navy and U.S. Coast Guard facilities. These
businesses and industries contribute substantially to the region's
economic output, the gross state product of the bordering states, and
tax revenue. Continued access to harbors, berths, and mooring areas is
vital to ensuring the continued economic health of these industries,
and to preserving the ability of the region to import fuels, bulk
supplies, and other commodities at competitive prices and to preserve
ocean access for the commercial fishing fleet. In addition, preserving
navigation channels, marinas, harbors, berthing areas, and other marine
resources, improves the quality of life for residents and visitors to
the southern Maine, New Hampshire, and northern Massachusetts region by
facilitating recreational boating and associated activities, such as
fishing and sightseeing.

    The purpose of this action is to designate an ocean disposal site
that will provide a long-term dredged material disposal option for
dredged material from harbors and navigation channels in southern
Maine, New Hampshire, and northern Massachusetts. This is necessary to
ensure the viability of dredging projects needed to maintain
international commerce and navigation through authorized federal
navigation projects and to ensure safe vessel passage for public and
private entities.
    Other factors that EPA considered in determining the need for an
ODMDS to serve this region include: (1) Projected dredging needs for
the area were calculated to be approximately 1.5 million cubic yards
(mcy) of material over the next 20 years, which significantly exceeds
the capacity of available practicable alternatives to ocean disposal;
(2) the states of Maine and New Hampshire have expressed concern that
available, practicable dredged material disposal capacity is
insufficient to meet projected long-term dredging needs and asked EPA
to designate a new site; (3) the historically used (from 1964-1970,
according to USACE records) former Isles of Shoals Disposal Site (IOSH)
was examined for potential designation, however, this former site is
located in an area that contains a diversity of habitats that are not
compatible with the ocean disposal of dredged material; (4) the
existing CADS is a USACE short-term selected site under MPRSA section
103(b) that is scheduled to close on December 31, 2021; EPA considered
designating an expanded CADS, but studies revealed that suitable areas
with the capacity for an ODMDS are limited in and around CADS; and (6)
the closest EPA-designated ODMDSs to the southern Maine, New Hampshire,
and northern Massachusetts region are the Portland Dredged Material
Disposal Site (PDS) and the Massachusetts Bay Disposal Site (MBDS),
which are about 85.5 nautical miles (nmi) apart and would result in 30-
40 nmi haul distances for several dredging centers in the region,
rendering some dredging projects infeasible.
    As one of the first steps in the site designation process, EPA, in
coordination with other federal and state agencies, delineated a Zone
of Siting Feasibility (ZSF). The ZSF is the geographic area from which
reasonable and practicable ODMDS alternatives should be selected for
evaluation. EPA's 1986 site designation guidance manual describes the
factors that should be considered in delineating the ZSF and recommends
locating open-water disposal sites within an economically and
operationally feasible radius from areas where dredging occurs. EPA,
Office of Marine and Estuarine Protection, Ocean Dumping Site
Designation Delegation Handbook for Dredged Material (1986). This
manual also directs EPA to consider navigational restrictions,
political or other jurisdictional boundaries, the distance to the edge
of the continental shelf, the feasibility of surveillance and
monitoring, and operation and transportation costs. The ZSF described
in Section 4 of the FEA includes the coastal waters of the southern
Maine, New Hampshire, and northern Massachusetts region between Cape
Porpoise, Maine, and Cape Ann, Massachusetts. These boundaries were
chosen because the center point between them is roughly equidistant to
the PDS to the north off Cape Elizabeth, Maine, and the MBDS to the
south off Boston Harbor, Massachusetts. Factors involved in defining
the ZSF include dredge cycle time, weather, and distance from harbors
and navigation channels that require dredging. Adding a site roughly
central to this area of the coast would result in a maximum haul
distance of about 21 miles from any harbor to either the PDS, MBDS, or
the new centrally located site.
    EPA does not consider the PDS and MBDS to be viable options for the
southern Maine, New Hampshire, and northern Massachusetts region given
their distance from the ZSF, which would significantly increase the
transport distance for, and duration of, ocean disposal for dredging
projects from that region. This, in turn, would greatly increase the
cost of such projects and would likely render many dredging projects
too expensive to conduct, thus threatening safe navigation and
interfering with marine commerce and recreation. Furthermore, the
greater transport distance would also be environmentally detrimental
because it would entail greater energy use, increased air emissions,
dredging projects of increased duration (with their own, separate,
impacts), and increased risk of spills or disposal outside of the
designated site (``short dumps'') (FEA, Section 7.0).
    Because the CADS is nearing capacity and its authorized use is
expiring on December 31, 2021, EPA's ocean disposal site designation
studies were designed to determine whether this site or any other sites
should be designated for long-term use.

IV. Disposal Site Description

    The IOSN is located in the Gulf of Maine, approximately 10.8 nmi
east of Portsmouth, New Hampshire, 9.55 nmi southeast of Kittery,
Maine, and 6.04 nmi northeast of Eastern Island, the closest of the
Isles of Shoals. As described in Section 4 of the SMMP, the site is
delineated as an 8,530 ft diameter circle on the seafloor with its
center located at 70[deg] 26.995' W and 43[deg] 1.142' N. Water depths
at the IOSN range from 295 ft on the western edge of the site to 328 ft
on the eastern edge as the seafloor gradually slopes from west to east.
The surficial sediments at the site are predominately soft, fine-
grained silts and clays. The seafloor within the site is generally a
smooth, soft-textured surface with topographic highs present outside
the western, northern, and southeastern, boundaries of the site.
    Three reference areas (REF-A, REF-B, and REF-C), to be used for
site monitoring purposes, are defined as 820 ft radius circles located
at 70[deg] 25.165' W, 42[deg] 59.282' N; 70[deg] 28.039' W, 43[deg]
0.257' N; and 70[deg] 27.895' W, 43[deg] 2.280' N, respectively. The
reference areas were selected based on a review of existing data and
confirmed through a baseline survey to represent areas of the seafloor
with similar bathymetric characteristics as the IOSN (see SMMP, p. 12).

V. Potentially Affected Entities

    Because the IOSN is offshore and in deep water, as described in the
previous section, it is not expected to affect near-shore entities.
Persons potentially affected by this action include those who seek or
might seek permits or approval to dispose of dredged material into
ocean waters pursuant to the MPRSA, 33 U.S.C. 1401 to 1445. This Final
Rule is expected to be primarily of relevance to: (a) Persons,
including organizations and government bodies, seeking MPRSA permits
from the USACE to authorize the transport of dredged material for
disposal into the ocean waters off the coast of southern Maine, New
Hampshire, and northern Massachusetts; and (b) to the USACE itself for
its own dredged material projects involving ocean disposal.
    Potentially affected entities and categories of entities that may
seek to use the IOSN and would be subject to the Final Rule include:

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           Category examples of potentially affected entities
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Federal government USACE (Civil Works Projects), U.S. Navy, U.S. Coast
 Guard, and other federal agencies.
State, local, and tribal governments Governments owning and/or
 responsible for ports, harbors, and/or berths, government agencies
 requiring ocean disposal of dredged material associated with public
 works projects.
Industry and general public Port authorities, shipyards and marine
 repair facilities, marinas and boatyards, and berth owners.
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    This table is not intended to be comprehensive, but rather provides
a guide for readers regarding the types of entities that could
potentially be affected by the Final Rule. EPA notes that nothing in
this Final Rule alters the jurisdiction or authority of EPA, the USACE,
or the types of person regulated under the MPRSA.

VI. Summary of Public Comments and EPA's Response

    On September 18, 2019, EPA published a Proposed Rule in the Federal
Register (84 FR 49075) to notify the public of EPA's proposal to
designate the IOSN as an ODMDS and announcing the availability of the
DEA supporting the proposal for a 30-day public comment period under
Docket ID EPA-R01-OW-2019-0521. On October 9, 2019, EPA and the USACE
held a public meeting in Kittery, Maine, to present the Proposed Rule
and DEA, and to receive public comments. That public meeting and
another post-comment period public meeting are further described in the
National Environmental Policy Act (NEPA) subsection of the Compliance
with Statutory and Regulatory Authorities section of this Final Rule.
The comment period ended on October 18, 2019.
    EPA received fifteen comments on the Proposed Rule and DEA from the
Department of Interior (DOI); the states of Maine and Massachusetts;
the University of New Hampshire Shoals Marine Laboratory (SML);
representatives of the fishing industry, including fin fish and
lobster; environmental groups; and private citizens. EPA received
comments both in support of, and in disagreement or raising concerns
with, its proposed action, with some offering suggested improvements.
There was some overlap among the comments received. The most
significant comments received by EPA are summarized below:

 Support of designating IOSN (nine commenters)
 Concerns about possible roseate tern impacts (three
commenters)
 Concerns about possible impacts to lobsters (four commenters)
 Concerns about possible impacts to whales, particularly the
North Atlantic right whale, and their habitat (two commenters)
 Concerns about possible impacts to herring and cod spawning
areas (three commenters)
 Request for an economic analysis and concerns about the
economic impact to the fishing industry (three commenters)
 Requesting notification of haul routes for input and
notification of timing of dredging to the fishing industry (five
commenters)
 Requesting notification of haul routes and timing of dredging
to the Isle of Shoals communities (one commenter)
 Requesting consultation with the Isle of Shoals communities
about the site designation (one commenter)
 Concerns about impacts to the University of New Hampshire Isle
of Shoals Marine Lab's reverse osmosis system (one commenter)
 Concern about general environmental assessment and potential
impacts (one commenter)
 Request for more in-depth description of site selection
process (one commenter)
 Concern over oil spills and request for an oil spill
contingency plan for vessels transiting to the site (two commenters)
 Request for additional information about sediment travel and
water column impacts (two commenters)
 Request for considerations of the general health of the
seafloor (one commenter)
 Request for the site to be moved further offshore (two
commenter)
 Concern about vessel transit to and from the site (two
commenters)
 Request for a monitoring plan (one commenters)

    EPA has prepared a Response to Comments document with individual
responses to each group of similar comments which, along with copies of
each of the public comments, have been included as Appendix J and
Appendix I, respectively, of the FEA, which is available on the website
identified in the ADDRESSES section of this notice.
    In addition to preparing a Response to Comments document, EPA has
addressed some of the public comments by (1) adding some new
information about, and enhancing some of the descriptions of, marine
resources in the vicinity of the IOSN; (2) enhancing the description of
the location of the IOSN; and (3) adding a new site management
protocol.
    As described above, several commenters, including DOI and the SML,
noted that the roseate tern, a federally-listed endangered species, was
not included in the description of endangered species that may use the
area in which the IOSN is located in the DEA, and that therefore its
potential presence was not considered in assessing the impact of
designating the IOSN. EPA has since consulted with the USFWS on the
roseate tern, in addition to other endangered and threatened species
potentially using the area and has added information about the roseate
tern and its potential use of this area to the FEA. As discussed in the
ESA subsection of the Compliance with Statutory and Regulatory
Authorities section of this Final Rule, the USFWS concurred with EPA's
determination that the designation of the IOSN would not likely
adversely impact any of the endangered and threatened species that may
use the area of the IOSN.
    A couple of commenters, including the SML, stated that the presence
of whales, and particularly North Atlantic right whales, in the
vicinity of the IOSN was not adequately characterized in the DEA, and
that therefore the impact of designating the IOSN on these species was
not adequately considered in the DEA or Proposed Rule. EPA has since
consulted with NMFS on right whales and other endangered and threatened
species potentially using the area and has included additional
information and analysis about the right whale and its potential use of
this area in the FEA. As discussed in the ESA subsection of the
Compliance with Statutory and Regulatory Authorities section of this
Final Rule, NMFS concurred with EPA's determination that the
designation of the IOSN would not likely adversely impact any of the
endangered and threatened species that may use the area of the IOSN.
    One commenter noted that the description of the location of the
proposed IOSN in the Proposed Rule and DEA did not reflect its
proximity to the Isles of Shoals communities, mentioning only its
distance from Portsmouth, NH. They also noted that the concerns of
these communities should be considered in the decision-making process.
EPA has now revised

the description of the IOSN in the Final Rule and FEA to include its
distance from Portsmouth, NH, Kittery, ME, and Eastern Island, the
closest of the Isles of Shoals. EPA and the USACE also held a public
meeting after the public comment period on December 5, 2019, in
Portsmouth, NH, specifically targeted to Isles of Shoals businesses and
residents, to present general information about dredging and dredged
material disposal, and answer clarifying questions.
    A number of commenters, including two state fisheries agencies and
the Massachusetts Lobstermen's Association, requested notification to
the fishing industry of scheduled dredging and dredged material haul
routes to avoid conflicts. EPA has included a new Special Management
Practice (SMP) in the SMMP that includes timeframes for notifications,
submissions of brief descriptions of operations and maps of haul
routes, and procedures for the notice of any changes to the haul route.

VII. Compliance With Statutory and Regulatory Authorities

    In designating the IOSN for the ocean disposal of suitable dredged
material from harbors and navigation channels in southern Maine, New
Hampshire, and northern Massachusetts, EPA has complied with the
requirements of the MPRSA, CZMA, the Endangered Species Act (ESA), the
Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), the
National Historic Preservation Act (NHPA), and all other applicable
legal requirements, as further described below. While it has been
determined that EPA disposal site designation evaluations conducted
under the MPRSA are ``functionally equivalent'' to NEPA reviews and are
not subject to NEPA analysis requirements as a matter of law, EPA
voluntarily uses NEPA procedures when evaluating the potential
designation of ocean dumping sites. Those procedures also are described
below. 63 FR 58045, 58046 (Oct. 29, 1988).

A. Marine Protection, Research, and Sanctuaries Act

    The MPRSA authorizes EPA to designate sites for permitted ocean
disposal of dredged material ``that will mitigate adverse impact on the
environment to the greatest extent practicable.'' 33 U.S.C. 1412(c).
EPA regulations prescribe procedures for the designation of these
sites. 40 CFR 228.4(e). EPA regulations also prescribe substantive
guidelines for EPA's selection and management of disposal sites. See
generally 40 CFR part 228. The regulations enumerate general and
specific criteria for site selection, described in greater detail
below. 40 CFR 228.5, 228.6.
    EPA promulgates final disposal site designations at 40 CFR 228.15.
To finalize a site designation, EPA must develop a site management plan
which includes specific details laid out by statute. 33 U.S.C. 1412
(c)(4). Post-designation, EPA must, with USACE, manage and monitor
disposal sites. See 40 CFR 228.3, 228.9.
    EPA's compliance with each of these statutory and regulatory
requirements in designating IOSN is described in greater detail below.
1. Procedural Requirements
    Site designations for dredged material are to ``be made based on
environmental studies of each site, regions adjacent to the site, and
on historical knowledge of the impact of dredged material disposal on
areas similar to such sites in physical, chemical, and biological
characteristics.'' 40 CFR 228.4. Additionally, ``the results of a
disposal site evaluation and/or designation study . . . will be
presented in support of the site designation promulgation as an
environmental assessment of the impact of the use of the site for
disposal, and will be used in preparation of environmental impact
statement [``EIS''] for each site where such a statement is required by
EPA policy.'' 40 CFR 228.6. EPA policy does not, however, require the
preparation of an EIS for all MPRSA site designations. As described
above, EPA's site designation decisions are exempt from the
requirements of NEPA, but pursuant to EPA's Voluntary NEPA Policy, the
Agency nevertheless prepares NEPA analyses to support site designation
decisions. See 63 FR 58045, 58046 (Oct. 29, 1988). EPA's Voluntary NEPA
Policy does not mandate EISs for all site designations and rather
leaves it to the EPA office in question to decide on a case-by-case
basis what level of NEPA analysis--and EIS or an EA/FONSI--is
appropriate. See id. (``EPA believes that decisions on preparing EISs
for proposed ocean disposal sites should be made on a case-by-case
basis.'')
    EPA has complied with all procedural requirements related to the
publication of this Final Rule and associated FEA. EPA, with
appropriate consultation with neighboring states and other agencies,
completed an environmental assessment of the impact of designating the
IOSN. Furthermore, the DEA, including the draft SMMP, and Proposed Rule
were made available for public comment on September 18, 2019, through
publication in the Federal Register and on the EPA Region 1 web page.
84 FR 49075 (Oct. 18, 2019); https://www.epa.gov/ocean-dumping/isles-shoals-north-disposal-site. EPA has now prepared a thorough final
environmental evaluation of the recommended alternative site to be
designated, other alternatives sites, and other courses of action
(including the ``no action'' option of not designating open-water
disposal sites). This evaluation is presented in the FEA (and related
documents) and summarized in this Final Rule. As described in the FEA,
EPA has made a Finding of No Significant Impact (FONSI); thus, no
environmental impact statement is required for this site designation.
2. Disposal Site Selection Criteria
    EPA regulations under the MPRSA identify four general criteria and
11 specific criteria for evaluating locations for the potential
designation of dredged material disposal sites. 40 CFR 228.5, 228.6.
The evaluation of the IOSN with respect to the four general and 11
specific criteria is discussed in detail in the Section 4 of the FEA
and supporting documents and is summarized below.
General Criteria (40 CFR 228.5)
    As described in greater detail in the FEA, and summarized below,
EPA has determined that the IOSN satisfies the four general criteria
specified in 40 CFR 228.5.
    i. Sites should be selected to minimize interference with other
activities in the marine environment and regions of heavy commercial or
recreational navigation, particularly avoiding areas of existing
fisheries or shellfisheries (40 CFR 228.5(a)).
    EPA's evaluation determined that use of the IOSN would cause
minimal interference with the activities identified in the criterion.
EPA and the USACE used information from a variety of sources to
determine what activities might be interfered with by the disposal of
dredged material at the IOSN. EPA considered recreational activities,
commercial fishing areas, cultural or historically significant areas,
commercial and recreational navigation, and existing scientific
research activities. EPA and the USACE used Geographic Information
System data to overlay the locations of various uses and natural
resources of the marine environment on the disposal site location and
surrounding areas (including their bathymetry). Analysis of these data
indicated that use of the site would have minimal potential for
interfering with other ongoing uses of the marine environment in and
around

the IOSN, including lobster harvesting or fishing activities. While the
site is located in an area where periodic fishing activity occurs and
is within the vast Gulf of Maine spawning areas for cod and herring, it
is not considered a unique fishing ground or highly significant fishery
harvest area. Finally, the site is not located in shipping lanes or any
other region of heavy commercial or recreational navigation.
Furthermore, the site is located in an area where any other vessels
could easily navigate around any disposal vessels at or near the site,
and the significant water depths at the site mean that material
disposed there will not interfere with navigation by extending up too
high into the water column.
    ii. Sites should 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 to undetectable contaminant concentrations or effects before
reaching any beach, shoreline, marine sanctuary, or known
geographically limited fishery or shellfishery (40 CFR 228.5(b)).
    EPA's analysis concludes that the IOSN satisfies this criterion.
First, the site will be used only for the disposal of dredged material
determined to be suitable for ocean disposal by application of the
MPRSA's ocean dumping criteria. See generally 33 U.S.C. 1413; 40 CFR
part 227. These criteria include provisions related to water quality
and account for initial mixing. See 40 CFR 227.4, 227.5(d), 227.6(b)
and (c), 227.13(c), 227.27, and 227.29. Data evaluated during
development of the FEA show that any temporary perturbations in water
quality or other environmental conditions at the site during initial
mixing from disposal operations will be limited to the immediate area
of the site and will neither cause any significant environmental
degradation at the site nor reach any beach, shoreline, marine
sanctuary, or other important natural resource area. Second, the site
is a significant distance from any beach, shoreline, marine sanctuary,
or known geographically limited fishery or shellfishery.
    iii. The size of disposal sites should 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)).
    EPA has determined, based on the information presented in the FEA,
that the IOSN alternative is sufficiently limited in size to allow for
the identification and control of any immediate adverse impacts, and to
permit the implementation of effective monitoring and surveillance to
prevent adverse long-range impacts. The IOSN covers approximately 2.4
nmi\2\ of seafloor, which is approximately 0.006% of the seafloor
surface area of the Gulf of Maine. The long history of dredged material
disposal site monitoring in New England, and specifically at active and
historically used dredged material disposal sites elsewhere in the Gulf
of Maine, provides ample evidence that surveillance and monitoring
programs are effective at determining physical, chemical, and
biological impacts at sites of a similar size to the alternative sites
considered in this case.
    The IOSN is identified by specific coordinates spelled out in the
Disposal Site Description section of this Final Rule and the FEA, and
the use of precision navigation equipment in both dredged material
disposal operations and monitoring efforts will enable accurate
disposal operations and contribute to effective management and
monitoring of the sites. Detailed plans for the management and
monitoring of the IOSN are described in the SMMP (Appendix G of the
FEA). Finally, as discussed herein and in the FEA, EPA has tailored the
size of the IOSN based on site characteristics, such as bottom sediment
type and bottom features, so that the area and boundaries of the sites
are optimized for environmentally sound dredged material disposal
operations.
    iv. EPA will, wherever feasible, designate ocean dumping sites
beyond the edge of the continental shelf and other such sites that have
been historically used (40 CFR 228.5(e)).
    EPA has determined that designation of the IOSN is consistent with
this criterion. EPA evaluated sites beyond the edge of the continental
shelf and historical disposal sites in the Gulf of Maine as part of the
alternative analysis conducted for the FEA. Potential disposal areas
located off the continental shelf would be infeasible due to their very
substantial distance offshore, which would render them impracticable
for dredging projects from the area under evaluation (i.e., ZSF). The
nearest point on the continental shelf/slope boundary to Portsmouth
Harbor is more than 230 miles south, about 96 miles southeast of
Nantucket. The distance to the slope due east is even greater at about
270 miles. The haul distance to an off-shelf disposal site is therefore
much greater than the average operational limit of the southern Maine,
New Hampshire, and northern Massachusetts projects, making an off-shelf
site infeasible for all projects. Additionally, the cost for evaluation
and monitoring and the uncertainty of the environmental effects of off-
shelf placement makes that option impracticable and undesirable.
Environmental concerns include increased risk of encountering
endangered species during transit, increased fuel consumption and air
emissions, substantially extending the duration of dredging projects
(with their own, separate, impacts), and greater potential for
accidents in transit that could lead to dredged material being dumped
in unintended areas.
    USACE dredging and disposal records do not show evidence of dredged
material ever having been placed at the area that encompasses the IOSN.
The only sites within the ZSF that have been used historically are the
former IOSH which, according to USACE records, was used from 1964 to
1970, and the CADS, a USACE-selected MPRSA section 103 site located off
Cape Arundel, Maine. However, neither the IOSH nor the CADS would meet
the projected disposal needs because both are limited in their capacity
to accept new material and both have seafloor areas that are
incompatible with dredged material disposal due to the diversity of
habitat and sediment types.
Specific Criteria (40 CFR 228.6)
    As described in greater detail in Section 4 of the FEA, and
summarized below, EPA has determined that the IOSN satisfies the eleven
specific criteria set out in 40 CFR 228.6.
     i. Geographical Position, Depth of Water, Bottom Topography and
Distance From Coast (40 CFR 228.6(a)(1)).
    Based on analyses in the FEA, EPA has concluded that the geographic
position (i.e., location), water depth, bottom topography (i.e.,
bathymetry), and distance from coastlines of the IOSN will facilitate
containment of dredged material within site boundaries and reduce the
likelihood of material being transported away from the site to adjacent
seafloor areas. As described in the preceding Disposal Site Description
section and in the above discussion of compliance with general criteria
(iii) and (iv) (40 CFR 228.5(c) and (d)), the IOSN is located far
enough from shore and in deep enough water to avoid adverse impacts to
the coastline.
    The IOSN is a depositional area (i.e., an area characterized by low
current

velocities so that it will tend to retain materials placed there).
Therefore, dredged material disposed at the site is expected to stay in
the site and not cause adverse effects to adjacent seafloor areas. The
closest points of land to the IOSN are the Isles of Shoals, with
Eastern Island and Appledore Islands being approximately 6.04 nmi and
6.79 nmi respectively to the southwest of the IOSN. IOSN also is
approximately 9.55 mni southeast of Sisters Point in Kittery, Maine and
approximately 10.8 nmi west of Portsmouth, New Hampshire. The site is
located in waters ranging from 295 to 328 feet deep. As discussed in
the FEA, the IOSN is of a sufficient depth to allow the disposal of the
amount of material that is projected over the 20-year planning horizon
without exceeding any depth threshold for safe navigation over the
site. As a result, any impacts from dredged material disposal will be
short-term and localized and, assuming compliance with other regulatory
requirements described elsewhere in this document, will not contribute
to any significant long-term adverse impacts in and around the IOSN.
    ii. 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)).
    EPA considered the IOSN in relation to breeding, spawning, nursery,
feeding, and passage areas for adult and juvenile phases (i.e., life
stages) of living resources in the Gulf of Maine. From this analysis,
EPA concluded that, while disposal of suitable dredged material at the
IOSN would cause some short-term, localized effects, overall, it would
not cause adverse effects to the habitat functions and living resources
specified in the above criterion. As previously noted, the IOSN covers
approximately 2.4 nmi\2\ of seafloor, which is approximately 0.006% of
the seafloor surface area of the Gulf of Maine.
    Generally, there are three primary ways that the transportation and
disposal of dredged material could potentially adversely affect marine
resources. First, disposal can cause physical impacts by injuring or
burying less-mobile fish, shellfish, and benthic organisms, as well as
the eggs and larvae of these less-mobile species. Second, tug and barge
traffic transporting the dredged material to a disposal site could
possibly collide or otherwise interfere with marine mammals and
reptiles. Third, contaminants in the dredged material could potentially
bioaccumulate through the food chain. However, EPA, the USACE, and
other federal and state agencies that regulate dredging and dredged
material disposal administer regulatory requirements designed to
prevent these types of impacts from occurring. See, e.g., 40 CFR part
227.
    Dredged material disposal will have some localized impacts to fish,
shellfish, and benthic organisms, such as clams and worms, that are
present at an ocean disposal site (or in the water column directly
above the site) during a disposal event. The sediment plume may entrain
and smother some fish in the water column, and may bury some fish,
shellfish, and other marine organisms on the seafloor. It also may
result in a short-term loss of forage habitat in the immediate disposal
area, but recolonization of disposal mounds in the IOSN by benthic
infauna is expected within one to three years after disposal, based on
extensive monitoring at other disposal sites in New England. As
discussed in the FEA (Section 7.5.2), over time, disposal mounds
recover and develop abundant and diverse biological communities that
are healthy and able to support species typically found in the ambient
surroundings. Some organisms may burrow deeply into sediments, often up
to 20 inches, and are more likely to survive a burial event.
    Regarding the potential for tug and barge impacts to endangered
species, EPA complied with the ESA by consulting with the National
Oceanic and Atmospheric Administration's (NOAA) National Marine
Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS)
on EPA's determinations that designation of the IOSN would not likely
adversely affect federally-listed species under their respective
jurisdictions or any habitat designated as critical for such species.
EPA also coordinated with NMFS under the MSFCMA on potential impacts to
essential fish habitat (EFH). Further details on these consultations
are provided in the FEA and the sections below describing compliance
with the ESA and MSFCMA.
    To further reduce potential environmental impacts associated with
dredged material disposal, the dredged material from each proposed
dredging project will be subjected to the MPRSA sediment testing
requirements set forth at 40 CFR part 227 to determine its suitability
for ocean disposal. Suitability for ocean disposal is determined by
testing the proposed dredged material for toxicity and bioaccumulation
to assess the potential risk to the marine environment and human
health. If it is determined that the sediment is unsuitable for ocean
disposal--that is, that it may unreasonably degrade the marine
environment or endanger human health via the food chain--it cannot be
disposed at disposal sites designated or selected under the MPRSA. See
40 CFR 227.6. Therefore, EPA does not anticipate significant effects on
marine organisms from the disposal of suitable dredged material at the
IOSN.
    EPA recognizes that dredged material disposal causes some short-
term, localized adverse effects to marine organisms in the immediate
vicinity of each disposal event. But because many organisms are likely
to recover after any potential burial events, because dredged material
disposal would be limited to suitable material, and because tugs and
barges transporting dredged material take significant measures to avoid
collisions with marine mammals, EPA concludes that designating the IOSN
will not cause unacceptable or unreasonable adverse impacts to
breeding, spawning, nursery, feeding, or passage areas of living
resources in adult or juvenile phases.
    iii. Location in Relation to Beaches and Other Amenity Areas (40
CFR 228.6(a)(3)).
    EPA's analysis concludes that the IOSN satisfies this criterion.
The IOSN is located approximately 10.8 nmi east of Portsmouth, New
Hampshire, 9.55 nmi southeast of Kittery, Maine and 6.04 nmi northeast
of Eastern Island, the closest of the Isles of Shoals. The shoreward
edge of the site is approximately 9 nmi from the nearest beaches in
Rye, New Hampshire, and is located in waters ranging in depth from 295
to 328 feet. The IOSN is far enough away from beaches, parks, wildlife
refuges, and other areas of special concern to prevent adverse impacts
to these amenities. Based on information presented in Section 6.3 of
the FEA, and past monitoring of disposal at other ODMDS in New England,
this distance is beyond any expected movement of dredged material due
to tidal motion or currents. As noted above, any temporary
perturbations in water quality or other environmental conditions at the
site during initial mixing from disposal operations will be limited to
the immediate area of the site and will not reach any beaches, parks,
wildlife refuges, or other areas of special concern.
    Thus, EPA does not anticipate that the use of the IOSN would cause
any adverse impacts to beaches or other amenity areas.
    iv. Types and Quantities of Wastes Proposed To Be Disposed of, and
Proposed Methods of Release, Including Methods of Packing the Waste, if
Any (40 CFR228.6(a)(4)).
    Only suitable dredged material that meets the Ocean Dumping
Criteria in 40 CFR 220-228 and receives a permit or

is otherwise authorized for dumping by the USACE, with which EPA
concurs, will be disposed in the IOSN.
    Dredged material dumped at the site is anticipated to be
transported to the IOSN by either government or private contractor
hopper dredges or scows with capacities ranging from 800 to 6,000 cubic
yards (cy).
    The volume of sediment to be dredged from federal navigation
projects and non-federal marinas and boatyards in the southern Maine,
New Hampshire, and northern Massachusetts region varies greatly from
year to year depending upon need and funding. However, as previously
discussed, and based on the dredging history of this region,
maintaining and improving these navigational features is projected to
generate approximately 1.5 million cy of dredged material over the next
20 years. Some of the sediments will be beneficially used, like sand
that can be used for beach nourishment, and some will be unsuitable for
ocean disposal and need to be disposed of through alternative means,
but the remainder of the material that is suitable for ocean disposal
can be disposed of in the IOSN. Most of the dredged material that would
be disposed of in the IOSN would originate from the dredging of
navigation channels and harbors in the region and would consist
primarily of fine-grained marine sediments that have been transported
into these areas by tidal currents, riverine deposition, and upland
erosion. The fine-grained material undergoes rigorous testing to
confirm that it is suitable for unconfined ocean placement. The IOSN
has been sized to accommodate the quantity of material expected to be
placed there over the 20-year planning horizon. For all these reasons,
no significant adverse impacts are expected to be associated with the
types and quantities of dredged material that may be disposed at the
IOSN.
    v. Feasibility of Surveillance and Monitoring (40 CFR 228.6(a)(5)).
    Monitoring for baseline conditions has already been conducted at
the IOSN and adjacent areas by the USACE Disposal Area Monitoring
System (DAMOS), and it is anticipated that monitoring and other
surveillance activities will continue to be feasible at the IOSN in the
future. Monitoring of EPA-designated ocean disposal sites is conducted
according to the approved SMMP. The current approved SMMP for the IOSN
is included as Appendix G of the FEA. EPA must schedule the SMMP for
review and revision at least every ten years. 33 U.S.C. 1412. As a
depositional site that will retain the dredged material placed there,
the IOSN is conducive to the type of monitoring most commonly conducted
at dredged material disposal sites, including side-scan sonar, sediment
profile imaging, and sediment grab sampling.
    vi. Dispersal, Horizontal Transport and Vertical Mixing
Characteristics of the Area, Including Prevailing Current Direction and
Velocity, if Any (40 CFR 228.6(a)(6)).
    The IOSN site meets this criterion. The IOSN is located in open
ocean with water depths ranging from approximately 295 to 328 feet.
Water circulation in the vicinity of the IOSN is strongly influenced by
the counterclockwise flow, or gyre, normally occurring in the Gulf of
Maine. The circulation of the Gulf consists of two circular gyres, one
counterclockwise within the interior of the Gulf, and the second,
clockwise over Georges Bank. Maine coastal waters are included as the
western portion of the counterclockwise gyre within the Gulf. Current
patterns in the vicinity of the IOSN are typified by coastal-parallel,
non-tidal southerly drift currents generated by the overall circulation
of the Gulf of Maine.
    The fine-grained sediments that dominate the area of the IOSN
indicate that the site is in a depositional area. Consequently, any
material dispose of at the IOSN would likely remain within the site and
not be significantly affected or transported away from the site by
currents.
    vii. Existence and Effects of Current and Previous Discharges and
Dumping in the Area (Including Cumulative Effects) (40 CFR
228.6(a)(7)).
    USACE dredging and disposal records and site monitoring do not show
any evidence of dredged material having been disposed of within the
current site boundaries of the IOSN. Dredged material from the southern
Maine, New Hampshire, and northern Massachusetts coastal region was
historically disposed of at either the CADS or the former, historically
used IOSH, which was used from 1964 to 1970.
    In general, results from decades of monitoring of current and
historically used ODMDS in the New England region indicate that the
disposal of dredged material found suitable for ocean disposal does not
significantly alter the long-term functions and values of seafloor
bottom as potential habitat for biological communities or contribute to
long-term changes in water quality or water circulation at the disposal
sites. EPA expects this to also be the case for the IOSN.
    viii. 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)).
    In evaluating whether disposal activity at the site could interfere
with shipping, fishing, recreation, mineral extraction, desalination,
fish or shellfish culture, areas of scientific importance, and other
legitimate uses of the ocean, EPA considered both the effects of
disposing dredged material within the IOSN, and any effects from vessel
traffic associated with transporting the dredged material to the
disposal site. From this evaluation, EPA concluded there would be no
unacceptable or unreasonable adverse effects on the considerations
noted in this criterion. Some of the factors listed in this criterion
have already been discussed above due to the overlap of this criterion
with aspects of certain other criteria. Nevertheless, EPA will address
each point below.
    EPA does not anticipate conflicts with commercial navigation at the
IOSN. The Portsmouth Pilots and the USACE discussed the IOSN disposal
site location and its anticipated use with respect to navigation
transit impacts (as discussed in more detail in Section 4.4.1 of the
FEA). Vessels transiting to and from Portsmouth Harbor from the south
and southeast follow a route inshore of the Isles of Shoals, which will
avoid the area of the IOSN. Vessels approaching or departing to and
from the east and northeast (toward Maine and Canada) do cross the
general area of the IOSN disposal site. The pilots stated that
conflicts between dredged material disposal operations and shipping for
large and small projects can be avoided, however, by adequate notice to
mariners of disposal activities and frequent marine communication
between the disposal tugs and the Portsmouth Pilots. Given the open-
water conditions around the IOSN and the relative infrequency of
dredged material disposal operations, EPA concludes that any conflicts
with vessels traveling in the vicinity of the IOSN should be easily
managed in a safe, efficient manner.
    EPA also carefully evaluated the potential effects of designating
the IOSN on commercial and recreational fishing for both finfish and
shellfish (including lobster) and concluded that there would be no
unreasonable or unacceptable adverse effects. As discussed above in
relation to other site evaluation criteria, disposal of dredged
material will only have short-term, incidental, and insignificant
effects on organisms in the IOSN and no appreciable effects beyond the
site. Because dredged material disposal at other ODMDS in New England
has not been found to have

significant adverse effects on fishing, the similar projected levels of
future disposal activities at the IOSN are not expected to have any
significant adverse effects.
    The four main reasons that EPA concluded that no unacceptable
adverse effects would occur from disposal of dredged material at the
proposed site are discussed below. First, EPA has concluded that any
contaminants in material permitted for ocean disposal--having satisfied
the dredged material criteria in the regulations that restrict any
toxicity and bioaccumulation--will not cause any significant adverse
effects to fish, shellfish, or other aquatic organisms. Because the
IOSN is a depositional site, dredged material disposed within the site
is expected to remain there.
    Second, the IOSN does not encompass any especially important,
sensitive, or limited habitat for the Gulf of Maine's fish and
shellfish. While the site is within the greater Gulf of Maine cod and
herring spawning habitat, as previously stated, the IOSN only covers
approximately 2.4 nmi\2\ of seafloor, which is approximately 0.006% of
the total seafloor surface area of the Gulf of Maine. Numerous studies
and data reviewed by EPA and the USACE indicate that there is low
potential for any future incremental risk from the ocean disposal of
dredged sediments at the IOSN in either the long- or short-term.
    Third, while EPA found that a small number of demersal fish (e.g.,
winter flounder), shellfish (e.g., clams and lobsters), benthic
organisms (e.g., worms), and zooplankton and phytoplankton could be
lost due to the physical effects of disposal (e.g., burial of organisms
on the seafloor by dredged material and entrainment of plankton in the
water column by dredged material upon its release from a disposal
barge), EPA also determined that these minor, temporary adverse effects
would be neither unreasonable nor unacceptable. This determination was
based on EPA's conclusion that the numbers of organisms potentially
affected represent only a minuscule percentage of those in the Gulf of
Maine, and findings from past monitoring in the region consistently
show the rapid recovery of the benthic community in dredged material
disposal sites.
    Fourth, EPA has determined that vessel traffic associated with
dredged material disposal will not have any unreasonable or
unacceptable adverse effects on fishing. The USACE has agreed to notify
state fisheries management agencies within a prescribed timeframe
before the commencement of dredging and disposal activities at the
IOSN. An SMP in this regard has been incorporated into the SMMP. The
SMP includes timeframes for notifications, submissions of brief
descriptions of operations and maps of haul routes, and procedures for
the notice of any changes to the haul route. The USACE will include
these conditions in individual permits or authorizations on a project-
by-project basis.
    There currently are no mineral extraction activities or
desalinization facilities in the Gulf of Maine region with which
disposal activity could potentially interfere. No finfish aquaculture
currently takes place in the southeastern Gulf of Maine. Finally, the
IOSN is not in an area of special scientific importance. Accordingly,
disposing of dredged material at the IOSN will not interfere with any
of the activities described in this criterion or other legitimate uses
of this part of the Gulf of Maine.
    In addition, the designation of the IOSN site has been determined
by the EPA to be consistent with the Maine, New Hampshire, and
Massachusetts coastal zone management programs, as discussed in the
CZMA section below (see also Appendix H of the FEA). The Maine, New
Hampshire and Massachusetts coastal zone management programs have
concurred with EPA's determinations.
    ix. The Existing Water Quality and Ecology of the Sites as
Determined by Available Data or by Trend Assessment or Baseline Surveys
(40 CFR 228.6(a)(9)).
    EPA's analysis of existing water quality and ecological conditions
at the site, which was based on available data, trend assessments, and
baseline surveys, indicates that use of the IOSN will cause no
unacceptable or unreasonable adverse environmental effects.
Considerations related to water quality and various ecological factors
(e.g., sediment quality, benthic organisms, fish and shellfish) have
already been discussed above in relation to other site selection
criteria and are discussed in detail in the FEA and supporting
documents. In considering this criterion, EPA considered existing water
quality and sediment quality data collected in the Gulf of Maine,
including from the USACE's Disposal Area Monitoring System (DAMOS), as
well as water quality data from EPA's coastal nutrient criteria and
trend monitoring efforts. As discussed herein, EPA has determined that
disposal of suitable dredged material at the IOSN should not cause any
significant adverse environmental effects to water quality or to
ecological conditions at the site. EPA and the USACE have prepared an
SMMP for the IOSN to guide future management and monitoring of the
site.
    x. Potentiality for the Development or Recruitment of Nuisance
Species in the Disposal Sites (40 CFR 228.6(a)(10)).
    Monitoring at disposal sites elsewhere in the Gulf of Maine over
the past 35 years has shown no recruitment of nuisance (invasive, non-
native) species and no such adverse effects are expected to occur at
the IOSN in the future. EPA and the USACE will continue to monitor EPA-
designated sites in the Gulf of Maine under their respective SMMPs,
which include a ``management focus'' on ``changes in composition and
numbers of pelagic, demersal, or benthic biota at or near the disposal
sites'' (SMMP, Appendix G of the FEA).
    In addition, source materials from projects in southern Maine, New
Hampshire, and northern Massachusetts to be dredged and transported to
the disposal site historically have been classified as marine silts and
clays, which are similar to the sediments found at the IOSN site. As
previously discussed, any material proposed for ocean disposal at the
IOSN site would be subject to an evaluation of sediment quality.
Therefore, it is highly unlikely that any nuisance species could be
established at the proposed disposal site since habitat (i.e., sediment
type) or contaminant levels are unlikely to change over the long-term
use of the site.
    xi. Existence at or in Close Proximity to the Sites of Any
Significant Natural or Cultural Feature of Historical Importance (40
CFR 228.6(a)(11)).
    There are no natural features of historical importance within the
boundaries of the IOSN, and the cultural resources that would have the
greatest potential for being impacted in this area would be shipwrecks.
As discussed in Section 6.7 of the FEA, side-scan sonar of the IOSN was
conducted and no potential shipwrecks or other cultural feature were
noted within its boundaries. The cultural resource literature search
conducted for the proposed IOSN area did not identify any shipwrecks in
the vicinity. While undiscovered shipwrecks could occur in the area, it
is unlikely based on the results of the side-scan survey of the area.
As discussed in the NHPA section below, EPA consulted with the state
historic preservation offices (SHPO) for Maine and New Hampshire and
they confirmed these findings. Based on this information, it is
unlikely that any significant cultural resources will be affected from
the designation and use of the disposal site.

    In addition, Jeffery's Ledge, located to the east of the IOSN, is
an important feeding ground for humpback whales and North Atlantic
right whales in the summer and fall months and serves as a prime
recreational whale watching area. No impacts to this area are expected
based on disposal of suitable dredged material at the IOSN. However,
procedures outlined in the SMMP will be followed to ensure whales are
protected.
3. Disposal Site Management and Monitoring (40 CFR 228.3, 228.7, 228.8
and 228.9)
    In accordance with Section 102(c)(3) of the MPRSA, EPA, in
conjunction with the USACE, has developed a site management and
monitoring plan for the IOSN (the ``SMMP'') which includes a baseline
assessment of conditions at the site, a monitoring program for the
site, special management conditions necessary to protect the
environment, consideration of the quantity and quality of material to
be disposed at the site, consideration of the long-term plan for the
site (including closure), and a schedule for review and revision of the
plan. 33 U.S.C. 1412(c). EPA Region 1 is responsible for managing the
IOSN pursuant to this plan and works with the USACE New England
Division to do so. See 40 CFR 228.3.
    The monitoring program ``may include baseline or trend assessment
surveys by EPA'' or other entities. 40 CFR 228.9. It may also
incorporate ``data collected from the use of automatic sampling buoys,
satellites or in situ platforms, and from experimental programs.'' Id.
Further, ``EPA will require the full participation of permittees, and
encourage the full participation of other Federal and State and local
agencies in the development and implementation of disposal site
monitoring programs.'' Id. EPA may limit the ``times or rates'' of
dumping ``so that the limits for the site as specified in the site
designation are not exceeded.'' 40 CFR 228.8. See also 33 U.S.C.
1412(c)(1) and (2).
    In accordance with these statutory and regulatory requirements, EPA
and the USACE have developed an SMMP for the IOSN that includes
provisions that will be included in USACE permit and authorizations to
ensure site management practices are protective of the marine
environment and public health. The SMMP, available at Appendix G to the
FEA, describes disposal site management practices that are generally
applicable to all EPA-designated ODMDS, as well as site-specific
Special Management Practices. It describes the tiered monitoring
approach that is used for all ODMDS in New England that assesses
whether disposal activities are occurring in compliance with permit and
site restrictions; supports evaluation of short- and long-term fate of
material based on MPRSA site impact evaluation criteria; and supports
assessment of potential significant adverse environmental impacts from
dredged material disposal at the site.

B. National Environmental Policy Act

    NEPA requires the public analysis of the potential environmental
effects of proposed federal agency actions and reasonable alternative
courses of action to ensure that these effects, and the differences in
effects among the different alternatives, are understood. See generally
42 U.S.C. 4321 et seq. The goal of this analysis is to ensure high
quality, informed, and transparent decision-making, to facilitate
avoiding or minimizing any adverse effects of proposed actions, and to
help restore and enhance environmental quality. See generally 40 CFR
6.100(a), 1500.1(c) and 1500.2(d)-(f). NEPA requires coordination with
other federal and state agencies and public involvement throughout the
decision-making process. See 40 CFR 6.400(a), 1503, 1501.7, and 1506.6.
    EPA disposal site designation evaluations conducted under the MPRSA
have been determined to be ``functionally equivalent'' to NEPA reviews,
so that they are not subject to NEPA analysis requirements as a matter
of law. Nevertheless, as a matter of policy, EPA voluntarily uses NEPA
procedures when evaluating the potential designation of ocean dumping
sites. 63 FR 58045, 58046 (October 29, 1998) (``EPA voluntarily will
follow NEPA procedures in ocean disposal site designations under MPRSA
and these procedures provide for consultation with the states'' and EPA
``believes that decisions on preparing EISs for proposed ocean disposal
sites should be made on a case-by-case basis.'') Furthermore, EPA has
clarified that ``[t]he voluntary preparation of [NEPA] documents in no
way legally subjects the Agency to NEPA's requirements.'' Id.
    Consistent with its voluntary NEPA policy, EPA has undertaken a
NEPA analysis to support its decision-making process for the
designation of the IOSN. In this case, EPA decided to prepare an
Environmental Assessment, which is done for proposed actions when the
significance of the environmental impact is not clearly established.
Upon completion of the FEA, EPA also made a Finding of No Significant
Impact, described below.
1. Final Environmental Assessment and Finding of No Significant Impact
    The FEA evaluates whether an ODMDS should be designated to serve
the southern Maine, New Hampshire, and southern Maine coastal region.
The FEA describes the purpose and need for any such designation, and
evaluates several alternatives to this action, including the option of
``no action'' (i.e., no designation). Based on this evaluation, EPA
concludes that designation of the IOSN under the MPRSA is the preferred
alternative. EPA also is issuing a FONSI with the FEA that presents the
reasons why the agency projects that no significant environmental
impacts will occur from implementation of the action.
    As stated in the Purpose and Need section, the purpose of this
designation is to provide a long-term, ODMDS as a potential option for
the future disposal of suitable dredged material. The action is
necessary because periodic dredging and dredged material disposal is
unavoidably necessary to maintain safe navigation and marine commerce
in ports and harbors in the southern Maine, New Hampshire, and northern
Massachusetts coastal region. As previously noted, dredging in southern
Maine, New Hampshire, and northern Massachusetts is projected to
generate approximately 1.5 mcy of dredged material over the next 20
years.
    EPA evaluated potential alternatives to ocean disposal in the
southern Maine, New Hampshire, and northern Massachusetts coastal
region but determined that none were sufficient to meet the projected
regional dredging needs. In accordance with EPA regulations, use of
alternatives to ocean disposal will be required for dredged material
management when they provide a practicable, environmentally preferable
option for the dredged material from any particular disposal project.
40 CFR 227.16. When no such practicable alternatives exist, however,
EPA's designation of the IOSN will provide an ocean disposal site as a
potential management option for dredged material regulated under the
MPRSA that has been tested and determined to be environmentally
suitable for ocean disposal. Sediments found to be unsuitable for ocean
disposal will not be authorized for placement at a disposal site
designated by EPA under the MPRSA and will have to be managed in other
ways.

2. Alternatives Analysis
    EPA analyzed alternatives for the management of dredged material
from navigation channels and harbors in the southern Maine, New
Hampshire, and northern Massachusetts coastal region. This analysis
evaluated several different potential alternatives, including ocean
disposal sites in the ZSF (described in the Purpose and Need section),
upland disposal, beneficial uses, and the no-action alternative. From
this analysis, EPA determined that at least one ocean disposal site,
the IOSN, was necessary to provide sufficient capacity to meet the
long-term dredged material disposal needs of the region in the event
that, as expected, practicable alternatives to ocean disposal are not
available for all the material.
    EPA's initial screening of alternatives, which involved input from
other federal and state agencies, led to the determination that the
ocean disposal sites were the most environmentally sound, cost-
effective, and operationally feasible options for the full quantity of
dredged material expected to be found suitable for ocean disposal over
the 20-year planning horizon. Regardless of this conclusion, in
practice, each individual dredging project will be analyzed on a case-
specific basis and ocean disposal of dredged material at a designated
site would only be permitted or authorized when there is a need for
such disposal (i.e., there are no practicable, environmentally
preferable alternatives). See 40 CFR 227.2(a)(1), 227.16(b).
3. Public Involvement
    EPA released the DEA, titled ``Draft Environmental Assessment and
Evaluation Study for Designation of an Ocean Dredged Material Disposal
Site to serve the Southern Maine, New Hampshire, and Northern
Massachusetts Region,'' on September 18, 2019, for a 30-day public
comment period. 84 FR 49075 (Sep. 18, 2019). EPA held one public
meeting during the public comment period on October 9, at 6 p.m. in
Kittery, Maine, at which EPA and the USACE made a presentation on the
Proposed Rule and DEA and received public comments. EPA also received
subsequent written comments both in support of and expressing concerns
about EPA's proposed action as described in the DEA and Proposed Rule.
Many commenters also asked questions or offered suggestions. EPA made
clarifying statements during the public meeting but did not
substantively respond to public comments at that time.
    EPA and the USACE also held a public meeting after the public
comment period on December 5, 2019, in Portsmouth, New Hampshire, to
present general information about dredging and dredged material
disposal and answer clarifying questions, but again did not
substantively respond to specific comments about the IOSN. EPA did not
receive any new comments on the Proposed Rule and DEA at this meeting.
Appendix I of the FEA includes the public comments EPA received on the
DEA and Proposed Rule. Appendix J of the FEA provides a summary of
those comments and EPA's responses to those comments. EPA also has
summarized the more significant comments in Section VI of the preamble
to this Final Rule.
4. Interagency Coordination
    EPA coordinated with a wide range of federal and state agencies
throughout the development of the Final Rule and FEA. EPA worked
closely with the USACE because of its knowledge concerning the region's
dredging needs, its technical expertise in monitoring dredged material
disposal sites and assessing the environmental effects of dredging and
dredged material disposal, and its history in the permitting of
dredging and dredged material disposal in the Gulf of Maine and
elsewhere. To take advantage of additional expertise held by other
entities, and to promote strong inter-agency communications, EPA also
consulted and/or coordinated with the USFWS; the NOAA NMFS; the New
Hampshire Department of Environmental Services (NH DES); the New
Hampshire Department of Fish and Game; the Maine Department of
Environmental Protection; the Maine Department of Marine Resources (ME
DMR); the Maine Geological Service; the Massachusetts Division of
Marine Fisheries; and the Massachusetts Office of Coastal Zone
Management (MCZM).
    EPA communicated with the cooperating federal and state agencies
throughout the site designation process to keep them apprised of
progress on the project and to solicit input. EPA conducted two IOSN
interagency meetings, in May 2016 and December 2018, to solicit data
sources and concerns, to review progress, and to receive feedback on
the proposed action. The proposed action also was discussed with
federal and state agencies at New England Regional Dredging Team
meetings in February 2019, June 2019, September 2019, February 2020,
and June 2020, and at Federal Mid-Level Managers meetings (EPA, USACE,
NOAA, and USFWS) in June 2018, December 2018, November 2019, and May
2020. Lastly, it has consistently been an agenda item at the Maine, New
Hampshire and Massachusetts state dredging team meetings since 2016.
EPA provided the Proposed Rule and DEA for formal comment by
cooperating agencies and EPA has since been in regular contact with
representatives of these agencies throughout the development of the
Final Rule and FEA.
5. Tribal Consultation
    On July 5, 2019, EPA sent letters to all federally-recognized
tribes in Maine offering to consult with them on the proposed
designation of the IOSN. The Houlton Band of Maliseet Indians responded
with a request for government-to-government consultation, which
occurred via teleconference on August 13, 2019. EPA also presented the
project on an EPA Regional Tribal Operations Committee teleconference,
which includes New England Tribal environmental directors, on August
14, 2019. Comments provided during the consultation and RTOC
teleconference were incorporated in the Proposed Rule and DEA prior to
their release for public comment on September 18, 2020.

C. Coastal Zone Management Act

    The CZMA, 16 U.S.C. 1451, et seq., authorizes states to establish
coastal zone management programs to develop and enforce policies to
protect their coastal resources and promote uses of those resources
that are desired by the state. These coastal zone management programs
must be approved by the NOAA Office of Coastal Resources Management,
which is responsible for administering the CZMA. Federal agencies must
provide relevant states with a determination that each federal agency
activity, whether taking place within or outside the coastal zone, that
affects any land or water use or natural resource of the state's
coastal zone, will be carried out in a manner consistent to the maximum
extent practicable with the enforceable policies of the state's
approved coastal zone management program. 16 U.S.C. 1456. EPA's
compliance with the CZMA is described below.
    Based on the evaluations presented in the FEA and supporting
documents, and a review of the federally approved New Hampshire, Maine,
and Massachusetts coastal zone programs and policies, EPA determined
that designation of the IOSN for ocean dredged material disposal under
the MPRSA is fully consistent or consistent to the maximum extent
practicable with the enforceable policies of the coastal zone
management

programs of New Hampshire, Maine, and Massachusetts. EPA provided a
written determination to that effect to the NH DES Coastal Program, the
ME DMR Coastal Program, and MCZM within the statutory and regulatory
mandated timeframes. All three state coastal zone management programs
concurred with EPA's determination that the designation of the IOSN is
consistent with the states' enforceable program policies (Appendix H of
the FEA).
    In EPA's view, there are several broad reasons why designation of
the IOSN is consistent with the applicable, enforceable policies of the
states' coastal zone programs. First, the designation is not expected
to cause any significant adverse impacts to the marine environment,
coastal resources, or uses of the coastal zone. Indeed, EPA expects the
designation to benefit uses involving navigation and berthing of
vessels by facilitating needed dredging, and to benefit the environment
by concentrating any ocean disposal of dredged material at a single,
environmentally appropriate site designated by EPA and subject to the
previously described SMMP. Second, designation of the site does not
actually authorize the disposal of any dredged material at the site,
because any proposal to dispose dredged material from a particular
project at a designated site will be subject to a case-specific
evaluation, including CZMA review, and be allowed only if: (a) The
material satisfies the requirements of the MPRSA, Ocean Dumping
Regulations, and other legal requirements, such as those under the
CZMA; and (b) no practicable alternative method of management with less
adverse environmental impact can be identified. Third, the designated
disposal site will be managed and monitored pursuant to an SMMP and if
adverse impacts are identified, use of the site will be modified to
reduce or eliminate those impacts. Such modification could further
restrict, or even terminate, use of the site, if appropriate. See 40
CFR 228.3, 228.11. In addition, the IOSN is located outside the coastal
zone of all three states, so disposal of dredged material at the site
will not directly affect the coastal zone of any of the three states.
That said, designation of the IOSN could indirectly affect the states'
coastal zones because it could facilitate dredging projects within
these coastal zones and result in vessel trips through these coastal
zones to take dredged material out to the site. Nevertheless, these
indirect impacts should not be problematic because dredging projects
themselves will have to satisfy federal and state permitting
requirements, including CZMA review, and preventing such dredging
projects could harm public use of the coastal zone for vessel
navigation and berthing. Moreover, as discussed in the record for this
decision, vessels taking dredged material to the IOSN should be able to
safely navigate to the site. Indeed, without the IOSN, vessels would
still have to haul dredged material to other sites, or dredging
projects would be cancelled, which would, itself, result in reduced
navigational safety and the risk of accidents.

D. Endangered Species Act

    Under section 7(a)(2) of the ESA, 16 U.S.C. 1536(a)(2), federal
agencies are required to ensure that their actions are ``not likely to
jeopardize the continued existence of any endangered species or result
in the destruction or adverse modification of habitat of such species,
which is determined to be critical.'' Depending on the species
involved, a federal agency is required to consult with NMFS and/or
USFWS if the agency's action ``may affect'' an endangered or threatened
species or its critical habitat. 50 CFR 402.14(a). Thus, the ESA
requires consultation with NMFS and/or USFWS to address potential
impacts to threatened and endangered species that may occur at the
dredged material disposal site from dredged material disposal there.
    To comply with the ESA, EPA coordinated and consulted with NMFS and
USFWS (Appendix H of the FEA). EPA determined that the designation of
the IOSN is not likely to result in adverse impacts to threatened or
endangered species, species of concern, or designated critical habitat.
In addition, the USACE will, as appropriate, consult with the NMFS and
USFWS for individual permitted projects and federal navigation projects
to further ensure that they will satisfy the ESA.
    Based on its knowledge, expertise and EPA's effects analysis, NMFS
concurred with EPA's determination that the site designation is not
likely to adversely affect any NMFS ESA-listed species or designated
critical habitat and therefore no further consultation pursuant to
Section 7 of the ESA is required. USFWS also concurred with EPA's
determination that the designation of IOSN is not likely to adversely
affect USFWS ESA-listed species, specifically the roseate tern. Its
concurrence was based on that fact that: (1) Disposal effects from
turbidity, sedimentation and changes in water quality will be of short
duration and limited to a negligible portion of the roseate tern's
foraging habitat in the vicinity of Seavey Island; (2) disposal events
would happen infrequently and the likelihood of disposal operations
coinciding with roseate tern presence is discountable; and (3) EPA's
designation of IOSN does not authorize any specific disposal events and
such specific disposal events, and their associated effects, would be
addressed through permitting by the USACE (Appendix H of FEA).

E. Magnuson-Stevens Fishery Conservation and Management Act

    The MSFCMA, 16 U.S.C. 1801 et seq., requires the designation of
essential fish habitat (EFH) for federally managed species of fish and
shellfish. The goal of these provisions is to ensure that EFH is not
adversely impacted by fishing or other human activities, including
dredged material disposal, and to further the enhancement of these
habitats, thereby protecting both ecosystem health and the fisheries
industries. Pursuant to section 305(b)(2) of the MSFCMA, federal
agencies are required to consult with NMFS regarding any action they
authorize, fund, or undertake that may adversely affect EFH. An adverse
effect has been defined by the Act as, ``[a]ny impact which reduces the
quality and/or quantity of EFH [and] may include direct (e.g.,
contamination or physical disruption), indirect (e.g., loss of prey,
reduction in species' fecundity), site-specific or habitat-wide
impacts, including individual, cumulative, or synergistic consequences
of actions.'' 50 CFR 600.810(a).
    EPA has consulted with NMFS to ensure compliance with the EFH
provisions of the MSFCMA and has prepared an essential fish habitat
assessment in compliance with the Act. NMFS concurred with EPA's
assessment, determined that adverse effects to federally-managed
species and EFH will be minimal and therefore had no conservation
recommendations to provide (Appendix H of the FEA).

F. National Historic Preservation Act

    The NHPA, 54 U.S.C. 300101 et seq (formerly 16 U.S.C. 470 to 470a-
2), requires federal agencies to take into account the effect of their
actions on districts, sites, buildings, structures, or objects,
included in, or eligible for inclusion in, the National Register of
Historical Places. EPA submitted a consultation letter to the New
Hampshire and Maine State Historic Preservation Offices (SHPO) on July
27, 2020. Both the Maine and New Hampshire SHPOs provided a letter of
concurrence with EPA's determination

that no historic properties (architectural or archaeological) will be
affected by this site designation (Appendix H of FEA).

VIII. Supporting Documents

1. EPA Region 1/USACE NAE. 2020. Final Environmental Assessment and
Evaluation Study for Designation of an Ocean Dredged Material
Disposal Site for the Southern Maine, New Hampshire, and Northern
Massachusetts Coastal Region. U.S. Environmental Protection Agency,
Region 1, Boston, MA and U.S. Army Corps of Engineers, New England
District, Concord, MA. September 2020.
2. EPA Region 1/USACE NAE. 2004. Regional Implementation Manual for
the Evaluation of Dredged Material Proposed for Disposal in New
England Waters. U.S. Environmental Protection Agency, Region 1,
Boston, MA, and U.S. Army Corps of Engineers, New England District,
Concord, MA. April 2004.
3. EPA/USACE. 1991. Evaluation of Dredged Material Proposed for
Ocean Disposal-Testing Manual. U.S. Environmental Protection Agency,
Washington, DC, and U.S. Army Corps of Engineers, Washington, DC.
EPA-503/8-91/001. February 1991.
4. EPA/USACE. 1984. General Approach to Designation Studies for
Ocean Dredged Material Disposal Sites. U.S. Environmental Protection
Agency and U.S. Army Corps of Engineers, Washington, DC. 1984.
5. EPA. 1986. Ocean Dumping Site Designation Delegation Handbook for
Dredged Material. U.S. Environmental Protection Agency, Office of
Marine and Estuarine Protection, Washington, DC. Sept. 30, 1986.

IX. Statutory and Executive Order Reviews

1. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action, as defined in
the Executive Order, and was therefore not submitted to the Office of
Management and Budget (OMB) for review.

2. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because it would not require persons to obtain, maintain,
retain, report, or publicly disclose information to or for a federal
agency.

3. Regulatory Flexibility Act (RFA)

    This action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (RFA). Rather, this action would provide a cost-effective,
environmentally acceptable alternative for the disposal of dredged
material for many small marina and boat yard operators in the region.

4. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.

5. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the federal government and the states, or on the distribution of power
and responsibilities among the various levels of government.

6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 because it will not have substantial direct
effects on Indian tribes, on the relationship between the federal
government and Indian Tribes, or the distribution of power and
responsibilities between the federal government and Indian Tribes. As
described in the Tribal Consultation subsection of the Compliance with
Statutory and Regulatory Authorities section, EPA consulted with the
potentially affected Indian tribes in making this determination.

7. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the environmental health or safety risks addressed by this
action do not present a disproportionate risk to children.

8. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

9. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have a disproportionately high and adverse
human health or environmental effects on minority, low-income, or
indigenous populations.

11. Executive Order 13158: Marine Protected Areas

    Executive Order 13158 (65 FR 34909, May 31, 2000) requires EPA to
``expeditiously propose new science-based regulations, as necessary, to
ensure appropriate levels of protection for the marine environment.''
EPA may take action to enhance or expand protection of existing marine
protected areas and to establish or recommend, as appropriate, new
marine protected areas. The purpose of the Executive Order is to
protect the significant natural and cultural resources within the
marine environment, which means, ``those areas of coastal and ocean
waters, the Great Lakes and their connecting waters, and submerged
lands thereunder, over which the United States exercises jurisdiction,
consistent with international law.''
    The EPA expects that this action will have no significant adverse
impacts on the ocean and coastal waters off southern Maine, New
Hampshire, and northern Massachusetts or the organisms that inhabit
them.

12. Executive Order 13840: Regarding the Ocean Policy To Advance the
Economic, Security, and Environmental Interests of the United States

    The policies in section 2 of Executive Order 13840 (83 FR 29341,
June 19, 2019) include, among others, the following: ``It shall be the
policy of the United States to: (a) Coordinate the activities of
executive departments and agencies (agencies) regarding ocean-related
matters to ensure effective management of ocean, coastal, and Great
Lakes waters and to provide economic, security, and environmental
benefits for present and future generations; [. . . and] (d) facilitate
the economic growth of coastal communities and promote ocean
industries, which employ millions of Americans, advance ocean science
and technology, feed the American people, transport American goods,
expand recreational opportunities, and enhance America's energy
security. . . .'' EPA, in developing this Final Rule, coordinated
extensively with other federal and state

agencies, and potentially affected stakeholders, to ensure effective
management of dredging and dredged material by providing a cost-
effective, environmentally acceptable alternative for the disposal of
such material. The availability of such an ocean disposal site supports
the economic growth of coastal communities and ocean industries, which
will be able to maintain safe and efficient navigation through the
ports and channels in a cost-effective manner.

13. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 3, 1993) and is,
therefore, not subject to review under Executive Order 13771. See OMB,
``Guidance Implementing Executive Order 13771, Titled ``Reducing
Regulation and Controlling Regulatory Costs'' (M-17-21) (April 5,
2017), p. 3 (``An `E.O. 13771 Regulatory Action' is: (i) A significant
regulatory action as defined in section 3(f) of E.O. 12866 that has
been finalized and that imposes total costs greater than zero. . .
.'').

14. Congressional Review Act

    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. EPA will submit a report containing this rule 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). This rule will be effective 30 days after date of publication.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: September 18, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, title 40, Chapter I, of the
Code of Federal Regulations is amended as set forth below.

PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING

0
1. The authority citation for part 228 continues to read as follows:

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

0
2. Amend Sec.  228.15 by adding paragraph (b)(7) to read as follows:

Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (b) * * *
    (7) Isles of Shoals North Dredged Material Disposal Site (IOSN).
    (i) Location: A 8,530-foot (2,600-meter) diameter circle on the
seafloor with its center located at 70[deg] 26.995' W and 43[deg]
1.142' N.
    (ii) Size: 1,312 acres (57,150,000 square feet).
    (iii) Depth: Ranges from 295 to 328 feet (90 to 100 m).
    (iv) Primary use: Dredged material disposal.
    (v) Period of use: Continuing use.
    (vi) Restrictions: Disposal shall be limited to dredged material
that meets the requirements of the MPRSA and its implementing
regulations at 40 CFR parts 220 through 228.

[FR Doc. 2020-21006 Filed 9-24-20; 8:45 am]
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[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Page 19221]
[FR Doc No: E9-9599]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-123-000]

Colorado Interstate Gas Company; Notice of Request Under Blanket
Authorization

April 17, 2009.
    Take notice that on April 9, 2009, Colorado Interstate Gas Company
(CIG), P.O. Box 1087 Colorado Springs, CO 80944, filed a prior notice
request pursuant to Parts 157.205 and 157.208 of the Commission's
regulations under the Natural Gas Act (NGA) for authorization to
increase the maximum allowable operating pressure (MAOP), under CIG's
blanket certificate issued in Docket No. CP83-21-000, all as more fully
set forth in the application, which is on file with the Commission and
open to public inspection. The filing may also be viewed on the Web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Specifically, CIG requests authorization to increase the MAOP of
the Blue Spruce Lateral (Lateral) located in Adams County, CO. The
Lateral is a 16-inch outside diameter pipeline approximately 1 mile in
length. The Lateral is located in between CIG's Watkins compressor
station and the Blue Spruce and the Red Maple meter stations. CIG
requests authorization to uprate the MAOP of the Lateral from 920 psig
to 1,200 psig on Line No. 251A.
    Any questions regarding the application should be directed to
Richard Derryberry, Director of Regulatory Affairs, Colorado Interstate
Gas Company, P.O. Box 1087 Colorado Springs, CO 80944, phone: (719)
520-3782, fax:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-9599 Filed 4-27-09; 8:45 am]
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