Ocean Dumping; Withdrawal of Designated Disposal Sites; Nome, Alaska

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 228</CFR> <DEPDOC>[EPA-R10-OW-2024-0123; FRL-11819-01-R10]</DEPDOC> <SUBJECT>Ocean Dumping; Withdrawal of Designated Disposal Sites; Nome, Alaska</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Direct final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is taking direct final action to withdraw from EPA regulation and management two designated ocean dredged material disposal sites, the Nome East and Nome West Sites (Sites), located near Nome, Alaska, pursuant to the Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended. The EPA is taking this action because the United States Army Corps of Engineers (USACE) has not used the Sites for disposal of dredged material since 2009, has no plans to use the Sites for any future disposal of dredged material, and the Sites are no longer suitable for USACE's needs. This action will withdraw these sites from the regulations. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective on August 1, 2024 without further notice unless the EPA receives adverse comment by June 3, 2024. If the EPA receives adverse comment, the Agency will publish a timely withdrawal in the <E T="04">Federal Register</E> informing the public that the rule will not take effect. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R10-OW-2024-0123; FRL-11819-01-R10, at <E T="03">https://www.regulations.gov.</E> Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">Regulations.gov.</E> The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission ( <E T="03">i.e.,</E> on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <E T="03">Docket:</E> All documents in the docket are listed in the <E T="03">https://www.regulations.gov/</E> index. Although listed in the index, some information may not be publicly available, <E T="03">e.g.,</E> confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in <E T="03">https://www.regulations.gov/</E> or in hard copy at the EPA Region 10 Library, 1200 Sixth Avenue Seattle, Washington 98101. The EPA Region 10 Library is open from 9 a.m. to noon, and 1:00 to 4:00 p.m. Monday through Friday, excluding Federal holidays. The EPA Region 10 Library telephone number is (206) 553-1289. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Betsy McCracken, Water Division, U.S. Environmental Protection Agency, Region 10, Alaska Operations Office, 222 W 7th Avenue, #19, Anchorage, AK 99513; (907) 271-1206, <E T="03">mccracken.betsy@epa.gov</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Why is the EPA using a direct final rule?</HD> The EPA is publishing this rule without a prior proposed rulemaking because we view this as a noncontroversial action and anticipate no adverse comment. In 1989, the EPA designated the Sites for the disposal of dredged material removed from the Nome Channel and harbor areas (54 FR 23481 June 1, 1989). The Sites have not been used since 2009 because the USACE has instead placed dredged material from the Nome Channel and harbor area onshore for the beneficial use of beach nourishment. The USACE intends to continue to place such dredged material onshore for the beneficial use of beach nourishment. Placement of dredged material onshore for the beneficial use of beach nourishment is not affected by this withdrawal and will continue to be available for the disposal of suitable dredged material. The ability of the USACE, the Port of Nome, and other interested parties to find suitable dredged material disposal options will not be changed by this action. Environmental assessments conducted by the USACE indicates that there will be no unacceptable adverse impacts to the marine environment once the EPA relinquishes management of the Sites. Therefore, the EPA is now taking the administrative action of withdrawing the Sites from regulation and relinquishing future management of the Sites. <HD SOURCE="HD1">II. Does this action apply to me?</HD> In 1989, the EPA designated the Sites to be used for dredged material from the Nome channel and harbor area. The USACE is most affected by this action because it had used the Sites for disposal of Nome channel and harbor area operations and maintenance (O&M) dredged material. However, since 2009, the USACE has placed dredged material from Nome channel and harbor O&M dredging onshore for the beneficial use of beach nourishment. The USACE intends to continue to place such dredged material onshore for the beneficial use of beach nourishment. Placement of dredged material onshore for the beneficial use of beach nourishment is not affected by this withdrawal and will continue to be available for the disposal of suitable dredged material. For any questions regarding the applicability of this action to a particular person or entity, please refer to the contact person listed in the preceding <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. <HD SOURCE="HD1">III. What is the legal authority of this final rule?</HD> Section 102(c) of the MPRSA, as amended, 33 U.S.C. 1402(c), provides that the Administrator of the EPA may, in a manner consistent with established criteria, designate sites for ocean dumping. On October 1, 1986, the Administrator delegated the authority to designate ocean disposal sites to the Regional Administrator of the Region in which the sites are located. This withdrawal is made pursuant to that authority. The EPA Ocean Dumping Regulations provide that modifications in disposal site use that involve withdrawal of designated disposal sites from use or permanent changes in the total specified quantities or types of wastes permitted to be discharged to a specific disposal site will be made through promulgation of an amendment to the disposal site designation set forth in 40 CFR part 228 and will be based on the results of the analyses of impact described in 40 CFR 228.10 or upon changed circumstances concerning use of the site (40 CFR 228.11(a)). This site withdrawal is made in accordance with 40 CFR 228.11(a) based upon changed circumstances concerning use of the Sites. <HD SOURCE="HD1">IV. Background</HD> <HD SOURCE="HD2">A. History of Disposal Sites Near Nome, Alaska</HD> The USACE began to dispose of dredged material offshore of Nome, Alaska around 1923. The disposal of dredged material offshore was necessary to keep navigation open to the Snake River and the City of Nome from Norton Sound. On January 11, 1977, the EPA published a list of “Approved and Final Ocean Dumping Sites” that established the Nome East and Nome West Sites as interim sites (42 FR 2461, January 11, 1977) The interim Sites were used by the USACE for disposal of dredged material as part of harbor maintenance. The EPA designated the Sites as final sites on June 1, 1989 (54 FR 23481). The Nome East and Nome West Sites extend 1.75 nautical miles (2 statute miles) offshore of the coast east of the entrance to the Port of Nome (Please see map of Nome West and Nome East disposal Sites in the docket for this action). The Nome East Site covers an area of approximately 0.49 square miles (0.37 square nautical miles) and the Nome West Site covers an area of approximately 0.40 square miles (0.30 square nautical miles). Water depths at the Nome West Site ranges from 1-11 meters mean lower low water (MLLW). Water depths at the Nome East Site range from 1-12 meters MLLW. Prior to the harbor expansion, the Sites were situated in an open, dynamic ocean environment. The seafloor is characterized as relatively uniform and featureless with highly active shifting sands grading to shifting silts as it slopes along the southern boundary of the Sites into deeper water. The Sites are trapezoidal with the following corner coordinates based upon the North American Datum of 1927: <FP SOURCE="FP-2"> <E T="03">Nome East Site:</E> </FP> <FP SOURCE="FP-2">64°29′54″ N, 165°24′41″ W</FP> <FP SOURCE="FP-2">64°29′45″ N, 165°23′27″ W</FP> <FP SOURCE="FP-2">64°28′57″ N, 165°23′29″ W</FP> <FP SOURCE="FP-2">64°29′07″ N, 165°24′25″ W</FP> <FP SOURCE="FP-2"> <E T="03">Nome West Site:</E> </FP> <FP SOURCE="FP-2">64°30′04″ N, 165°25′52″ W</FP> <FP SOURCE="FP-2">64°29′18″ N, 165°26′04″ W</FP> <FP SOURCE="FP-2">64°29′13″ N, 165°25′22″ W</FP> <FP SOURCE="FP-2">64°29′54″ N, 165°24′45″ W</FP> Disposal at the Nome East Site was limited to dredged material from Nome, Alaska, and adjacent areas. Disposal at the Nome West Site was also limited to material dredged from Nome, Alaska, and adjacent areas with preference given to placement of materials in the inner third of the Site to compliment littoral drift patterns and prevent significant build-up or erosion of sediments. 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