Ocean Dumping; Proposed Designation of Site

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-4837-9]

Ocean Dumping; Proposed Designation of Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to designate a deep ocean disposal site (proposed

SF-DODS) located off San Francisco, California, for the disposal of

suitable dredged material removed from the San Francisco Bay and other

nearby harbors or dredging sites. EPA has tentatively determined that

the site designated in the Final EIS as the preferred site will be the

site designated as SF-DODS in this proposed rule. The center of the

proposed SF-DODS is located approximately 49 nautical miles (91

kilometers) west of the Golden Gate and occupies an area of

approximately 6.5 square nautical miles (22 square kilometers). Water

depths within the area range between 8,200 to 9,840 feet (2,500 to

3,000 meters). The center coordinates of the oval-shaped site are:

37 deg. 39.0' North latitude by 123 deg. 29.0' West longitude (North

American Datum from 1983), with length (north-south axis) and width

(west-east axis) dimensions of approximately 4 nautical miles (7.5

kilometers) and 2.5 nautical miles (4.5 kilometers), respectively. This

action is necessary to provide an acceptable ocean dumping site for

disposal of suitable dredged material, as determined by appropriate

sediment testing protocols. The proposed designation of SF-DODS is for

a period of 50 years, and a maximum of 6 million cubic yards of dredged

material per year. Disposal operations will be prohibited if resources

for implementing the site management and monitoring program are not

available.

DATES: Comments must be received on or before March 21, 1994.

ADDRESSES: Send comments to: Mr. Allan Ota, Ocean Disposal Coordinator,

U.S. Environmental Protection Agency, Region IX (W-7-3), 75 Hawthorne

Street, San Francisco, California 94105, telephone (415) 744-1980.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Allan Ota, Ocean Disposal

Coordinator, U.S. Environmental Protection Agency, Region IX (W-7-3),

75 Hawthorne Street, San Francisco, California 94105, telephone (415)

744-1980.

SUPPLEMENTARY INFORMATION:

The supporting document for this proposed designation is the Final

Environmental Impact Statement (EIS) for Designation of a Deep Water

Ocean Dredged Material Disposal Site off San Francisco, California,

August 1993, which is available for public inspection at the following

locations:

EPA, Public Information Reference Unit (PIRU), Room 2904 (rear),

401 M Street, SW., Washington, DC.

EPA Region IX, Library, 75 Hawthorne Street, 13th Floor, San

Francisco, California.

ABAG/MTC Library, 101 8th Street, Oakland, California.

Alameda County Library, 3121 Diablo Avenue, Hayward, California.

Bancroft Library, University of California, Berkeley, California.

Berkeley Public Library, 2090 Kittredge Street, Berkeley,

California.

Daly City Public Library, 40 Wembley Drive, Daly City, California.

Environmental Information Center, San Jose State University, 125

South 7th Street, San Jose, California.

Half Moon Bay Library, 620 Correas Street, Half Moon Bay,

California.

Marin County Library, Civic Center, 3501 Civic Center Drive, San

Rafael, California.

North Bay Cooperative Library, 725 Third Street, Santa Rosa,

California.

Oakland Public Library, 125 14th Street, Oakland, California.

Richmond Public Library, 325 Civic Center Plaza, Richmond,

California.

San Francisco Public Library, Civic Center, Larkin & McAllister,

San Francisco, California.

San Francisco State University Library, 1630 Holloway Avenue, San

Francisco, California.

San Mateo County Library, 25 Tower Road, San Mateo, California.

Santa Clara County Free Library, 1095 N. Seventh Street, San Jose,

California.

Santa Cruz Public Library, 224 Church Street, Santa Cruz,

California.

Sausalito Public Library, 420 Litho Street, Sausalito, California.

Stanford University Library, Stanford, California.

A. Background

Section 102(c) of the Marine Protection, Research, and Sanctuaries

Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the

Administrator of EPA authority to designate sites where ocean dumping

may be permitted. On October 1, 1986 the Administrator delegated

authority to designate ocean dredged material disposal sites (ODMDS) to

the Regional Administrator of the EPA Region in which the sites are

located. The proposed SF-DODS designation action is being made pursuant

to that authority.

The EPA Ocean Dumping Regulations (40 CFR 228.4) state that ocean

dumping sites will be designated by publication pursuant to 40 CFR part

228. Thisproposed site designation is being published as a proposed

rulemaking in accordance with Sec. 228.4(e) of the Ocean Dumping

Regulations, which permits the designation of ocean disposal sites for

dredged material. Interested persons may participate in this proposed

rulemaking by submitting written comments within 30 days of the date of

this publication to the address given above.

The center of the proposed SF-DODS is located approximately 49

nautical miles (91 kilometers) west of the Golden Gate and occupies an

area of approximately 6.5 square nautical miles (22 square kilometers).

Water depths within the area range between approximately 8,200 to 9,840

feet (2,500 to 3,000 meters). The center coordinates of the oval-shaped

site are: 37 deg. 39.0' North latitude by 123 deg. 29.0' West longitude

(North American Datum from 1983), with length (north-south axis) and

width (west-east axis) dimensions of approximately 4 nautical miles

(7.5 kilometers) and 2.5 nautical miles (4.5 kilometers), respectively.

EPA Region IX now proposes to designate SF-DODS as an ocean dredged

material disposal site for continued use for a period of 50 years and

not to exceed 6 million cubic yards of dredged material in any one year

period. Site use is subject to a Site Management and Monitoring Plan

(SMMP), of which the goals and objectives are described in the Final

EIS and summarized in Section G below. A draft SMMP will be made

available for public review through a separate Public Notice process.

The draft SMMP, currently under development, incorporates a tiered site

monitoring structure and MPRSA section 103 permit review. The SMMP will

available from the EPA Region IX office address given above.

B. EIS Development

Section 102(c) of the National Environmental Policy Act (NEPA) of

1969, 42 U.S.C. 4321 et seq., requires that Federal agencies prepare an

environmental impact statement (EIS) on proposals for major Federal

actions significantly affecting the quality of the human environment.

The object of NEPA is to build into the Agency decision-making process

careful consideration of all environmental aspects of proposed actions.

A notice of availability of the Draft EIS was published in the

Federal Register on December 11, 1992 discussing EPA Region IX's intent

to designate a deep water ocean dredged material disposal site off San

Francisco (57 FR 58805). EPA Region IX prepared a Draft EIS titled:

Draft Environmental Impact Statement (EIS) for San Francisco Bay Deep

Water Dredged Material Disposal Site Designation. The comment period

ended on January 25, 1993. EPA Region IX received 35 comment letters on

the Draft EIS and incorporated changes where appropriate. On September

10, 1993, notice of availability for public review and comment on the

Final EIS was published in the Federal Register (58 FR 47741). The

comment period for the Final EIS ended on October 29, 1993. Anyone

desiring a copy of the proposed rule or the Final EIS may obtain them

from the EPA Region IX office address given above.

C. Responses to Final EIS Comments

During the public comment period on the Final EIS, which closed on

October 29, 1993, EPA Region IX received 9 comment letters. The

following substantive comments were discussed in these letters.

1. Fisheries Valuation

The National marine sanctuaries (Gulf of the Farallones National

Marine Sanctuary, Cordell Bank National Marine Sanctuary, and Monterey

National Marine Sanctuary/North) commented that the values presented in

the Final EIS for fisheries valuation were inaccurate.

Response: These fisheries values, extracted from published

documents, represented total estimated values for the different

fisheries. EPA Region IX recognizes that calculated values for these

fisheries will vary according to the methods used. However, the

comparison of the alternative sites and selection of the preferred

alternative site with respect to fisheries was based on landings

(abundance) of all important commercial and recreational fish and did

not require the use of assigned fisheries values. EPA Region IX, with

concurrence by the California Department of Fish and Game (CDFG),

determined that the existing and potential fisheries resources within

Alternative Site 5 are minimal and the site is removed from more

important fishing grounds located near Alternative Sites 3 and 4.

2. Beneficial Use of Dredged Material

The Department of Water Resources (DWR) commented on the importance

of beneficial use of dredged material as an option acknowledged in the

Final EIS. DWR elaborated on the successes of demonstration projects

for levee maintenance which showed no adverse impacts on soil and water

quality resulting from the placement of marine sediments.

Response: EPA Region IX acknowledges these and other successes and

expects that all beneficial use options will be evaluated further by

the Long Term Management Strategy (LTMS) through the development of the

Policy and Programmatic EIS/EIR. The availability of specific

opportunities for beneficial use of dredged material will be evaluated

on a case-by-case (permit-by-permit) basis before an ocean disposal

permit is issued.

3. Incorporation of the Site Management and Monitoring Plan (SMMP) into

the Final EIS

The CDFG commented that the SMMP ``be joined to the Final EIS

through either the Federal rule-making process or supplemental (NEPA)

process.''

Response: The purpose of the Final EIS is to analyze alternative

disposal sites. EPA Region IX shares the concerns that CDFG, the

National Marine Sanctuaries, and other public interest/environmental

groups have about adequate management and monitoring of the proposed

SF-DODS during disposal activities. It is Region IX's intent to

implement a site management and monitoring plan for the life of

proposed SF-DODS. EPA Region IX will commit to implementing an adequate

SMMP in the rule-making and the Record of Decision.

4. Piecemealing of Project

Coastal Advocates commented that by designating an ocean disposal

option in advance of the LTMS completing work on the other disposal

alternatives, EPA and the LTMS program have effectively eliminated

upland disposal and other options in the near-term. Response: EPA

Region IX recognizes that the LTMS continues to evaluate other disposal

options, including upland disposal. Nothing in the proposed ocean

disposal site designation affects those efforts, or existing disposal

sites within San Francisco Bay managed under provisions of the Clean

Water Act. In addition, it should be noted that designation of an ocean

site does not constitute a permit to dispose any dredged material at

that site. Each project will be evaluated for compliance with the Ocean

Dumping criteria (40 CFR part 227) before any disposal can occur at the

proposed SF-DODS. Furthermore, it is EPA's intent to encourage

beneficial use of material wherever possible and approve ocean disposal

of suitable material only when necessary.

5. Need for Ocean Dumping

Coastal Advocates commented that the analysis in the Final EIS for

the need for ocean dumping was faulty ``because it does not take into

account the recent military base closures in the Bay Area.''

Response: EPA Region IX recognizes that base closures could have a

long-term effect on the need for dredging and ocean disposal. However,

even if the long-term need for ocean dumping is substantially reduced

by base closures, which is speculative, presently available information

appears to indicate that the proposed SF-DODS will still be needed. It

appears reasonably certain that there will be substantial dredging

projects at the various Bay area commercial ports, among other

facilities, in the next fifty years which will generate large amounts

of dredged material. Present information indicates that a substantial

portion of these dredged sediments would be expected to be suitable for

ocean disposal. The end result is the overall need for ocean dumping

presented in the Final EIS may or may not be significantly affected in

the short-term or long-term. In any event, the actual need for ocean

dumping is determined on a project-by-project basis at the time of

permitting.

6. Current Navy Project Classified as Historical Dumping

Coastal Advocates commented that the Navy's use of the disposal

site concurrent with EPA's site designation prejudices the decision

process and is a violation of NEPA.

Response: It should be noted that the Navy's use of their disposal

site is permitted under section 103 of MPRSA following a NEPA process

which included an EIS and Supplemental EIS for their project-specific

use only, separate from EPA's site designation activities. Following

extensive field studies of the region, the preferred site for long-term

use (section 102 of MPRSA) was selected by EPA for several reasons,

including the determinations of: a depositional environment and local

topographic containment features; no expected significant impacts to

other resources or amenity areas, such as national marine sanctuaries;

minimal existing and potential fisheries relative to more important

fishing grounds located in or near the other alternative sites; lower

abundances and biomass of demersal fishes, megafaunal invertebrates,

and infaunal invertebrates; no expected significant impacts to surface

and midwater dwelling organisms, including seabirds, mammals, and

midwater fishes; and previous degradation of the environment within the

preferred alternative site as a result of historical disposal of low-

level radioactive wastes and chemical and conventional munitions in the

vicinity of the preferred alternative site. In accordance with EPA's

ocean site selection criteria (40 CFR 228.5(e)), EPA Region IX

classified the preferred dredged material disposal site as a

historically-used site based in part on the aforementioned historical

dumping activities in the vicinity of the preferred site. The proposed

selection of the preferred alternative site coincides with the Navy's

decision to identify this site as its Preferred Alternative for dredged

material disposal. Finally, it is important to note that EPA's proposed

Preferred Alternative was presented to the LTMS Ocean Studies Work

Group (OSWG) and received the consensus approval of this work group.

The OSWG, which has been an integral part of the site designation

process, is comprised of Federal and State agencies, and numerous

public interest groups, including local recreational and commercial

fishing associations and environmental groups. All of these groups have

an active interest in the potential impacts of dredged material

management within the San Francisco Bay area.

7. Specific Ocean Dumping Criteria

Coastal Advocates commented that EPA did not satisfy specific

criteria of the Ocean Dumping Regulations (40 CFR 228.6), including: an

inadequate assessment of impacts to recreational tuna fishing

(Sec. 228.6(a)(2)]; an inadequate assessment of radioactivity in San

Francisco Bay sediments (Sec. 228.6(a)(4)); inadequate modeling of

dredged material disposal plumes Sec. Sec. 228.6(a)(2) and 228.6(a)(8);

a flawed assessment of biological effects of dumping of contaminated

dredged material (Sec. 228.6(a)(9); and a lack of consideration of

adverse impacts to the microlayer (Sec. 228.6(a)(9)).

Response: Region IX has carefully considered in the Final EIS the

important factors required to satisfy the specific site selection

criteria. Site designation does not constitute a permit to dispose of

any dredged material. The Corps is the permitting agency for dredged

material disposal applications and EPA has a joint approval role in

determining the suitability of dredged material proposed for ocean

disposal. Proposed dredged sediments are evaluated on a project-by-

project basis with a rigorous suite of physical, chemical, and bioassay

tests, involving statistical comparisons to an appropriate

uncontaminated reference site. Sediments that fail the testing criteria

are deemed unsuitable and are prohibited from ocean disposal. With

respect to impacts to recreational tuna fishing, EPA Region IX

determined that the impacts of disposal plumes would be transient and

insignificant to these highly mobile pelagic fish which usually are

abundant in the area only in the fall. The U.S. Navy performed project-

midpoint monitoring activities in the vicinity of the Preferred

Alternative as required by their MPRSA section 103 permit which

confirmed the transient nature of the disposal plumes. Although

radioactivity has not routinely been assessed, if historical

information or other evidence suggests such contamination, certain

radioactive isotope measurements can be required by EPA in addition to

the other aforementioned tests to determine suitability of the proposed

dredged material. With respect to modelling of the disposal plume and

sediment footprint on the seafloor, EPA Region IX used conservative

values for model parameters to obtain results under worst case (highly

dispersive) conditions. Water column modelling showed that

concentrations of sediments in the water column would be within

background levels at the boundaries of the marine sanctuaries, while

the footprint modelling showed that any deposits of sediment in the

marine sanctuaries would be at the limits of detection at best under

optimal conditions. Furthermore, the footprint model does not account

for biological activity which would mix the deposited sediment into the

native seafloor sediments. The Navy's project-midpoint monitoring

studies have largely confirmed the predictions of the fate of the plume

and footprint. EPA has performed an extensive evaluation of available

information on potential impacts to sea surface microlayer (including

an experts' workshop), and concluded that the environmental

significance of microlayer contamination has not been clearly

established even for enclosed waters. The concern for microlayer

effects is largely based on theoretical arguments, laboratory

bioassays, and limited field studies. The potential for microlayer

effects depends largely on: contaminant concentrations, lack of surface

turbulence, degree to which the water body is enclosed or restricted,

and proximity to important areas containing neustonic populations that

may be exposed. Because the potential significance of microlayer

contamination has not been clearly established in relatively enclosed

water bodies such as Puget Sound, the potential effects are expected to

be much less for disposal activities in the more turbulent and

unrestricted offshore oceanic environment. In addition, highly

contaminated material will not be approved for disposal in ocean

waters.

8. Requirements of the Endangered Species Act (ESA)

Coastal Advocates commented that the documents prepared for the ESA

coordination in the Final EIS did not comply with section 7(a)(2) of

the ESA, 16 U.S.C. 1536(a)(2).

Response: In accordance with the aforementioned ESA, EPA Region IX

formally consulted with the U.S. Fish and Wildlife Service, the

National Marine Fisheries Service, and California Department of Fish

and Game to identify any threatened, endangered, or special status

species that may be affected by the proposed designation of the SF-

DODS. Reviewing all available data, including information from the

Final EIS requested by these agencies, concurrence was received from

the three agencies that there would be no adverse impacts to local

endangered species from the designation of the proposed SF-DODS.

9. Proposed Selection of Preferred Site

Ocean Advocates commented that the preferred alternative is not

acceptable for ocean dumping of contaminated material because of: the

highly dispersive nature of the waters at the site; its use as a

spawning, nursery, feeding and passage area for living resources; its

close proximity to three marine sanctuaries; the infeasibility of

monitoring; and lack of adequate baseline data.

Response: Site designation does not constitute a permit to dispose

of any dredged material. Each project will be evaluated on a case-by-

case basis. Rigorous testing of the proposed dredged sediments as

described in the response to comment #7 above, will ensure that toxic

or highly contaminated dredged materials will not be disposed at the

designated disposal site. Although oceanic environments tend to be more

dispersive than enclosed water bodies, conservative modeling indicates

that there would be insignificant impacts from dredged material

disposal, as described in the response to comment #7. EPA's water

column modeling predicted that concentrations of dredged materials

following disposal would decrease rapidly to background levels and that

overall impacts to the local environment would be insignificant. More

recent Navy mid-project monitoring has confirmed these expectations of

intermittent and short-term impacts. Therefore, impacts to spawning,

nursery, feeding and passage areas for living resources are expected to

be minor and temporary. The preferred alternative site is located north

of the other alternative sites and is the closest to GFNMS and CBNMS.

Despite the proximity to the marine sanctuaries, physical oceanographic

studies indicate that the predominant currents are north-northwest and

are weaker than the currents in the vicinity of the other alternative

sites. These oceanographic conditions would be expected to prevent any

movement of suspended sediments into the National marine sanctuaries.

As described in the response to comment #7, modelling results indicate

that suspended sediment transport is insignificant. The recent Navy

mid-project monitoring efforts clearly shows that monitoring of the

site is feasible, particularly with respect to the most difficult

technical tasks related to the deep water depths such as identification

of the sediment footprint on the seafloor. With regard to baseline

data, EPA Region IX carefully evaluated all of the important relevant

data for the region and identified data gaps. An Ocean Studies Plan

(OSP) was developed jointly with the regional scientists of the OSWG,

and approved by the LTMS Policy Review Committee. The OSP described

appropriate field studies necessary to fill those data gaps. The

results of these field studies and previous studies in the region

provide the most comprehensive collection of data characterizing the

Gulf of the Farallones region to date.

D. Alternatives Analysis

The action discussed in this Proposed Rule is the proposed

designation of the Preferred Alterative selected in the Final EIS

(proposed SF-DODS) for disposal of suitable dredged material from the

San Francisco Bay region over 50 years. The LTMS planning estimate is

that up to 400 million cubic yards will be dredged in this period;

however, the proposed SF-DODS will be limited to a maximum disposal

volume of 6 million cubic yards of dredged material in any one year

period. The purpose of the designation is to provide an environmentally

acceptable location for ocean disposal, as part of the Long Term

Management Strategy (LTMS) for dredged material from this region.

Approval of specific ocean dredged material disposal permit

applications is a completely separate process from site designation.

MPRSA section 103 permit applications are reviewed on a case-by-case

basis to determine whether the proposed dredged materials are suitable

for disposal at proposed SF-DODS.

The Final EIS discussed the need for the site designation and

examined a range of alternatives to the proposed action, including 3

alternative deepwater ocean disposal sites. All disposal options,

including upland, in-bay, and ocean disposal alternatives, and LTMS

management policies are being evaluated in a separate LTMS Policy EIS/

EIR. The upland and in-bay sites are limited in capacity relative to

the ocean site for disposal of large volumes of suitable dredged

material. Disposal alternatives for individual projects will be

evaluated by EPA Region IX and the Corps' San Francisco District on a

case-by-case basis during the permitting process. The following ocean

disposal alternatives were evaluated in the Final EIS:

1. No Action-Selection of this alternative would prevent final

designation of the proposed SF-DODS site. Failure to designate a

permanent ocean disposal site pursuant to section 102 of the MPRSA

would have significant negative consequences. First, the continued

foreseeable need to have some place to dispose of sediments from

various San Francisco Bay dredging projects would place pressure on the

Corps and EPA to approve on a project-by-project basis the use of

temporary in-Bay or ocean dumping location pursuant to either Clean

Water Act section 404 or MPRSA section 103. Approval of dredged

material disposal via these mechanisms would be less desirable in that

dump site selection would not be made in the context of long-term

comprehensive planning. The advantages of the latter, the limiting of

dumping to a single location and the consideration of cumulative

impacts and cumulative needs for dumping could be lost if dump site are

selected piecemeal on a project-by-project basis. The LTMS mission is

to provide long-term options, including ocean disposal, to accommodate

the dredged material volumes and compositions anticipated for the 50-

year planning period. Second, the Water Resources Act of 1992 prohibits

the continued use of ocean dump sites which have not been designated by

EPA as section 102 dump sites by the end of 1997. If EPA fails to

designate the proposed SF-DODS by that date, then ocean disposal of

dredged materials taken from San Francisco Bay projects will be

effectively precluded. It appears from current information that there

is a substantial probability that there will not be sufficient capacity

available in alternative disposal options to accommodate sediments from

currently contemplated dredging projects. Accordingly, the lack of an

ocean disposal site could delay or preclude several economically

important dredging projects.

2. Alternatives Not Considered for Further Analysis (Study Area 1

and Study Area 2)-Study Area 1, corresponding to the Channel Bar ODMDS

is only designated for disposal of sandy material from the San

Francisco Bay entrance channel. The LTMS considered changing the

designation of this ODMDS to accept sand from other dredging projects

in the Bay, but decided that the amount of potentially suitable

material would be too small to warrant redesignating the site. Based on

this decision, EPA proposes to eliminate Study Area 1 from further

consideration. Study Area 2 originally was included as a candidate

location on the continental shelf, and was subjected to considerable

study effort. Nevertheless, based on its location within the Monterey

Bay National Marine Sanctuary (MBNMS) and because dredged material

disposal at a new ODMDS within the MBNMS is prohibited, EPA proposes to

eliminate Study Area 2 from further consideration as an alternative.

3. Deepwater Alternative Site 3-This site is located approximately

47 nautical miles (87 kilometers) from the Golden Gate in an area where

depths range approximately 4,590 to 6,230 feet (1,400 to 1,900 meters).

EPA proposes to eliminate this site from further consideration,

primarily because of its proximity to Pioneer Canyon and associated

hardbottom areas.

4. Deepwater Alternative Site 4-This site is located approximately

50 nautical miles (93 kilometers) from the Golden Gate in an area where

depths range approximately from 6,230 to 6,900 feet (1,900 to 2,100

meters). EPA proposes to eliminate this site from further

consideration, primarily because of its proximity to Half Moon Bay and

its high usage as commercial fishing grounds as compared to Alternative

Site 5.

5. Deepwater Alternative Site 5 (Preferred Alternative)-EPA

proposes to select this site (proposed SF-DODS) as the preferred

alternative based on comparisons of the alternative sites to the

specific selection criteria. Alternative Site 5 is located furthest

from the coast (approximately 49 nautical miles west of the Golden

Gate) and in the deepest depth range (approximately 8,200 to 9840 feet,

or 2,500 to 3,000 meters). Bathymetric and sediment surveys indicate

Alternative Site 5 is located in a depositional area which, because of

existing topographic containment features, is likely to retain dredged

material which reaches the sea floor. No significant impacts to other

resources or amenity areas, such as marine sanctuaries, are expected to

result from designation of Alternative Site 5. Existing and potential

fisheries resources within Alternative Site 5 are minimal and the site

is removed from more important fishing grounds located closer to the

other alternative sites. Abundances and biomass of demersal fishes and

megafaunal invertebrates, as well as abundances and diversity of

infaunal invertebrates, at Alternative Site 5 are lower than those at

the other alternative sites. Potential impacts to surface and mid-water

dwelling organisms, such as seabirds, mammals, and midwater fishes, are

expected to be insignificant. Finally, disposal of low-level

radioactive wastes and chemical and conventional munitions occurred

historically in the vicinity of Alternative Site 5. Disposal within the

site has also occurred as part of a Navy MPRSA section 103 permit

approved for up to 1.2 million cubic yards of suitable dredged

material.

The Final EIS presents the information needed to evaluate the

suitability of ocean disposal areas for final designation of proposed

SF-DODS and is based on a disposal site environmental study. The

proposed rule is being promulgated in accordance with MPRSA, the EPA

Ocean Dumping Regulations, and other applicable Federal environmental

legislation. A separate Record of Decision (ROD) will be prepared prior

to or as part of the issuance of the Final Rule for this site

designation.

E. Site Designation

Today EPA Region IX proposes to designate SF-DODS as a deepwater

ocean dredged material disposal site. The center of the proposed SF-

DODS is located approximately 49 nautical miles (91 kilometers) west of

the Golden Gate and occupies an area of approximately 6.5 square

nautical miles (22 square kilometers). Water depths within the area

range between 8,200 to 9,840 feet (2,500 to 3,000 meters). The center

coordinates of the oval-shaped site are: 37 deg. 39.0' North latitude

by 123 deg. 29.0' West longitude (North American Datum from 1983), with

length (north-south axis) and width (west-east axis) dimensions of

approximately 4 nautical miles (7.5 kilometers) and 2.5 nautical miles

(4.5 kilometers), respectively.

Designation of the proposed SF-DODS is for use over a 50-year

period and not to exceed 6 million cubic yards of dredged material in

any one year period, subject to a Site Management and Monitoring Plan,

which will be issued through a separate Public Notice. Annual reports

will be prepared on the results of site monitoring. If disposal

operations at the site are shown to cause unacceptable adverse

environmental impacts, further use of the site will be restricted or

terminated. A suitable alternative disposal site may be designated by

EPA in this event. Disposal operations will be prohibited if funds and

equipment for implementing the site management and monitoring program

are not available.

F. Regulatory Requirements

Five general criteria are used in the selection and approval of

ocean disposal sites for continuing use (40 CFR 228.5). Sites are

selected to minimize interference with other marine activities, to keep

any temporary perturbations from causing impacts outside the disposal

site, and to permit effective monitoring which is designed to evaluate

specific areas of concern, such as water quality impacts, significant

movement of sediment outside the site and unacceptable impacts to the

marine environment or human health. Where feasible, locations off the

continental shelf and historical sites are chosen. The 11 specific site

selection criteria are listed in 40 CFR 228.6(a) of the EPA Ocean

Dumping Regulations. These specific factors are used to evaluate all

candidate disposal sites.

The proposed SF-DODS site, as discussed below under the 11 specific

factors, is acceptable under the 5 general criteria (40 CFR 228.5). The

5 general criteria and the 11 specific criteria overlap such that if a

site meets the latter it necessarily meets the former. Historical

disposal in the vicinity of the preferred site has not resulted in

significantly adverse effects on fisheries, living resources of the

ocean, or other uses of the marine environment.

1. Geographical Position, Depth of Water, Bottom Topography and

Distance from Coast (40 CFR 228.6(a)(1))

The center of the proposed SF-DODS is located approximately 49

nautical miles (91 kilometers) west of the Golden Gate and occupies an

area of 6.5 square nautical miles (22 square kilometers). Water depths

within the area range between 8,200 to 9,840 feet (2,500 to 3,000

meters). The center coordinates of the oval-shaped site are: 37 deg.

39.0' North latitude by 123 deg. 29.0' West longitude (North American

Datum from 1983), with length (north-south axis) and width (west-east

axis) dimensions of approximately 4 nautical miles (7.5 kilometers) and

2.5 nautical miles (4.5 kilometers), respectively.

2. Location in Relation to Breeding, Spawning, Nursery, Feeding, or

Passage Areas of Living Resources in Adult or Juvenile Phases (40 CFR

228.6(a)(2))

The proposed SF-DODS site provides feeding and breeding areas for

common resident benthic species. Floating larvae and eggs of various

species are expected to be found at and near the water surface at the

site as well as the other sites. Designation of the site will not

affect any geographically limited habitats, breeding sites or critical

areas that are essential to commercially important species or rare or

endangered species.

3. Location in Relation to Beaches and Other Amenity Areas (40 CFR

228.6(a)(3)

The proposed SF-DODS site is approximately 49 nautical miles (91

kilometers) west of the Golden Gate, 30 nautical miles (56 kilometers)

from Pioneer Canyon, 10 nautical miles (19 kilometers) from the Gulf of

the Farallones National Marine Sanctuary boundary, and 30 (56

kilometers) nautical miles from the Farallon Islands. EPA Region IX and

the Corps' San Francisco District have determined that aesthetic

impacts of plumes, transport of dredged material to any shoreline and

alteration of any habitat of special biological significance or marine

sanctuary will not occur if this site is designated.

Ocean currents flow primarily to the northwest in the upper 2,600

to 3,000 feet (800 to 900 meters) of the water column, although

periodic reversals in flow occur. Currents below 3,000 feet (900

meters) are generally weaker than near-surface currents. Therefore, any

residual suspended solids from the proposed SF-DODS site will move

primarily in the north-northwest direction. Initial water column

modeling results using a conservative approach and assuming disposal of

6 million cubic yards of dredged sediments per year indicate that

suspended solid levels would decrease to background levels by the time

the plume reaches the nearest amenity area (GFNMS boundary). Initial

footprint modeling using a conservative approach and assuming disposal

of 6 million cubic yards of dredged sediments per year indicates that

the majority of the disposed material would be deposited within the

disposal site.

4. Types and Quantities of Wastes Proposed to be Disposed of, and

Proposed Methods of Release, Including Methods of Packing the Waste if

Any (40 CFR 228.6(a)(4))

Site use over a 50-year period is not to exceed 6 million cubic

yards of suitable dredged material per year. The projected volumes are

based on historical annual maintenance dredging volumes and projected

new work projects in the San Francisco Bay region which could be

considered for disposal at the ocean site if the material is determined

to suitable for ocean disposal. The anticipated military base closures

may reduce the LTMS planning estimates for the total volume of material

expected to be dredged over a 50-year period. However, the overall

impact of base closures may be offset by other new projects, such as

expansion of commercial port facilities in areas vacated by the

military. Composition of dredged material is expected to range between

two types: predominantly ``clay-silt'' (e.g., 74% clay, 5% silt, 21%

sand) versus ``mostly sand'' (e.g., 3% silt, 21% clay, 76% sand). These

material types are based on data from historical projects from the San

Francisco Bay region. The expected disposal method would involve split-

hull barges, with capacities ranging between 1,000 to 6,000 cubic

yards, which would be towed by ocean-going tugboats. The actual amount

of disposal may vary from the annual average for any given year. EPA

Region IX and the Corps' San Francisco District will evaluate and

manage the amount of dredged material proposed for disposal at proposed

SF-DODS through the MPRSA section 103 permit process.

All dredged material proposed for disposal at the site must be

suitable for ocean disposal. This determination will be made by EPA

Region IX and the Corps' San Francisco District based upon the results

of physical, chemical and biological tests before a MPRSA section 103

permit can be issued. Certain dredged material may be exempted from

chemical and biological testing based upon the physical characteristics

of the sediments and their location in relation to sources of

contamination (40 CFR 227.13(b)(1)). Dumping of prohibited materials or

other industrial or municipal wastes will not be permitted at the site

(40 CFR 227.5 and 227.6(a)).

5. Feasibility of Surveillance and Monitoring (40 CFR 228.6(a)(5))

Surveillance and monitoring of the dredged material disposal site

involves several agencies. The U.S. Coast Guard (U.S.C.G) is the

Federal agency with authority to conduct onsite surveillance and

monitoring of vessels involved in disposal activities at sea. For

dredged material disposal, this monitoring would be to determine that

the vessels dump the material at the designated disposal site. EPA

Region IX and the Corps' San Francisco District share the

responsibilities of managing and monitoring the disposal site, and,

with the onsite assistance of the U.S.C.G, to enforce permit conditions

within the limits of their jurisdiction. Recent Navy mid-project

monitoring activities have clearly confirmed the feasibility of

surveillance and monitoring at the proposed SF-DODS. A Site Management

and Monitoring Plan (SMMP) is under development by EPA Region IX and

the Corps' South Pacific Division and San Francisco District. The goals

and objectives of the SMMP are summarized in Section G. below. The SMMP

will be issued through a separate Public Notice.

6. Dispersal, Horizontal Transport and Vertical Mixing Characteristics

of the Area, Including Prevailing Current Direction and Velocity, if

Any (40 CFR 228.6(a)(6))

Ocean currents flow primarily to the northwest in the upper 2,600

to 3,000 feet (800 to 900 meters) of the water column, although

periodic reversals in flow occur. Currents below 3,000 feet (900

meters) are generally weaker than near-surface currents. Therefore, any

residual suspended solids from the proposed SF-DODS will move primarily

in the north-northwest direction. Near-bottom flows may be enhanced by

tidal influences and bottom topography. However, sediment resuspension

from the seafloor within the preferred site is expected to be minimal.

Initial water column modeling results, as indicated in the Final EIS,

using a conservative approach (e.g., modeling parameters adjusted for

worst case conditions) and assuming disposal of 6 million cubic yards

of dredged sediments per year, indicate that suspended solid levels

would decrease to background levels when the plume reached the nearest

amenity area (GFNMS boundary). Initial footprint modeling using a

conservative approach and assuming disposal of 6 million cubic yards of

dredged sediments per year indicate that the majority of the disposed

material would be deposited within the disposal site.

7. Existence and Effects of Current and Previous Discharges and Dumping

in the Area (Including Cumulative Effects) (40 CFR 228.6(a)(7)

Under an MPRSA section 103 permit, the Navy is discharging up to

1.2 million cubic yards of dredged material at their Navy disposal site

which is contained within the EPA-preferred Alternative Site 5. No

other documented disposal of dredged material has occurred within the

site. However, disposal of radioactive waste containers was conducted

in the vicinity of Alternative Site 5 from 1951-1954. Likewise,

chemical and conventional munitions were disposed from approximately

1958 to the late 1960's at the Chemical Munitions Disposal Area. There

was no evidence during the site designation field studies of residual

contamination. Therefore, potentials for cumulative impacts are

considered unlikely.

The associated municipal discharge effects from the San Francisco

Southwest Ocean Outfall (5.4 nautical miles or 10.2 kilometers from

shore), City of Pacifica Outfall (0.4 nautical miles or 0.8 kilometers

from shore), and Northern San Mateo County Outfall (0.4 nautical miles

or 0.8 kilometers from shore) are limited to local areas near the

outfalls and do not extend to the vicinity of the dredged material

disposal site. Discharges of dredged material at the Channel Bar ODMDS

(3.0 nautical miles or 5.6 kilometers from shore) are also limited to

local areas and not expected to result in farfield impacts. Ocean

disposal of acid waste, cannery waste, and refinery waste was

discontinued approximately 20 years ago (in 1971-1972), and presence of

residual waste which could interact with discharged dredged material to

produce cumulative, adverse, environmental effects has not been

detected.

8. Interference with Shipping, Fishing, Recreation, Mineral Extraction,

Desalination, Fish and Shellfish Culture, Areas of Special Scientific

Importance and Other Legitimate Uses of the Ocean (40 CFR 288.6(a)(8))

Interference with shipping, fishing, recreation, mineral

extraction, desalination, fish and shellfish culture, areas of special

scientific importance and other uses of the ocean as a result of

disposal operations is expected to be minimal because of the already

high volume of ship traffic through the region. From 1980-1991, the

total vessel transits in the San Francisco Bay region ranged from

approximately 61,000 to 91,000. As an example of a worst case scenario,

assuming around-the-clock disposal operations (assuming 3 trips in a

24-hour period), disposal operations would augment the vessel traffic

by less than 2 percent. Compared to Alternative Sites 3 and 4, Site 5

is less utilized as a fisheries resource area. In addition, the

potential interferences with recreational and scientific boat traffic

and marine resources (e.g., birds and mammals) near the Farallon

Islands will be minimized by requirements that barges remain at least 3

nautical miles from the Islands. Under normal conditions, no

interference with areas of special importance is expected. However,

accidents resulting in releases of material near the Farallones may be

a concern. This will also be mitigated by requiring barges to remain 3

nautical miles from the Islands and by requiring appropriate load

limits based on sea conditions.

9. The Existing Water Quality and Ecology of the Site as Determined by

Available Data or by Trend Assessment or Baseline Surveys (40 CFR

228.6(a)(9))

Regional studies described in the Final EIS provide the following

determinations. Water quality at the proposed SF-DODS is

indistinguishable from the water quality of nearby areas. Sediments

contain background levels or low concentrations of trace metal and

organic contaminants. The demersal fish community within Alternative

Site 5 have lower numbers of species and abundances (rattails,

eelpouts, finescale codling) than the other alternative sites.

Alternative Site 5 contain moderate numbers of megafaunal invertebrate

species but lower overall abundances (sea cucumbers, brittlestars, sea

pens) compared to the other alternative sites. Infaunal invertebrates

within Alternative Site 5 show lower diversity and abundance

(polychaetes, amphipods, isopods, tanaids) compared to Alternative

Sites 3 and 4. There have been higher numbers of sightings of marine

birds and mammals within Alternative Site 5 relative to the other

alternative sites. Mid-water organisms, including juvenile rockfishes,

are abundant seasonally within Alternative Site 5 relative to

Alternative Sites 3 and 4.

10. Potentiality for the Development or Recruitment of Nuisance Species

in the Disposal Site (40 CFR 228.6(a)(10))

It is unlikely to see recruitment of nuisance species from the

disposal of dredged material due to significant differences in water

depth and environment at the disposal site as compared to the

relatively shallow dredging sites in the San Francisco Bay region.

Local opportunistic benthic species characteristic of disturbed

conditions are expected to be present and abundant at any ODMDS in

response to physical deposition of sediments. Opportunistic

polychaetes, such as Capitella, may colonize the disposal site. These

worms can become food items for bottom-feeding fish and are not

directly harmful to other species. No recruitment of species capable of

harming human health or the marine ecosystem is expected.

11. Existence at or in Close Proximity to the Site of Any Significant

Natural or Cultural Feature of Historical Importance (40 CFR

228.6(a)(11))

The California State Historic Preservation Officer has determined

there are no known historic shipwrecks nor any known aboriginal

artifacts at the proposed SF-DODS or in the vicinity.

G. Site Management and Monitoring Plan

A Site Management and Monitoring Plan for the proposed SF-DODS is

under development by EPA Region IX and the Corps' South Pacific

Division and San Francisco District with input from the OSWG. The

practicability of implementing a SMMP at the proposed SF-DODS has been

confirmed by the recent mid-project MPRSA section 103 permit monitoring

activities performed by the Navy at the Navy disposal site which is

contained within the proposed SF-DODS. The completed document will be

made available for public review through a separate Public Notice

process and will available upon request from EPA Region IX. For this

Proposed Rule, the major components of the SMMP (including goals,

objectives, and criteria) are summarized below.

a. Data for site management will be provided by a tiered site

monitoring program which consists of three interdependent modules: a

Physical Monitoring Module, a Biological Monitoring Module, and a

Chemical Monitoring Module. The Physical Monitoring Module will provide

information about the plume behavior in the water column and dredged

material footprint on the sea floor. The Biological Monitoring Module

provides information about any detectable effects of the water column

plume on sea birds, marine mammals, and mid-water fishes. In the event

that significant amounts of dredged material (i.e., greater than 5

centimeters) extends outside of the designated site, any detectable

impacts on the benthos shall be investigated. The Chemical Monitoring

Module provides data on sediment quality and will evaluate any

potential bioaccumulation of contaminants in benthic organisms if

monitoring indicates that substantially elevated concentrations of

contaminants exist in the sediments. Tier 1 monitoring studies shall be

performed annually if dredged material disposal occurs at the proposed

SF-DODS and will include portions of each module. Initiation of

subsequent studies under Tiers 2 and 3 shall be based on exceedances of

parameters in Tier 1, as specified in the SMMP.

(1) Annual Tier 1 monitoring activities shall involve physical,

chemical, and biological assessments. These activities shall be

initiated after a period of one year of disposal activities or disposal

of 6 million cubic yards of dredged materials, whichever comes first. A

minimum volume of dredged material disposed in any one year period may

be established as a trigger for conducting the annual surveys of the

footprint, based on ability to identify the dredged material layer

within the disposal site. A physical survey of the disposal site shall

be conducted to determine whether disposed dredged material is

remaining at the proposed SF-DODS site. Sediment mapping techniques

(utilizing appropriate technology, such as sediment profile

photography) shall be used to determine the areal extent and thickness

of the dredged material deposit footprint relative to the disposal site

boundaries. Following the physical mapping of the sediment footprint,

boxcore samples for sediment chemistry and benthos shall be taken

within the footprint and in unaffected areas surrounding the footprint.

If a ecologically significant thickness of dredged material (5

centimeters) is not identified outside the boundary of the disposal

site, then no management actions (relating to physical monitoring) will

be necessary. On the other hand, if significant thicknesses of dredged

material are detected outside the site boundary, then management

actions (e.g., reevaluation of the site boundary, or restricting or

stopping disposal) and/or additional field studies (Tier 2) shall be

implemented to evaluate potential impacts of the dredged material

deposits outside of the disposal site. The sediment chemistry samples

shall be analyzed as a conservative measure to assess any long-term

accumulation of contaminants as a result of dredged material disposal.

If contaminant trigger levels are not exceeded, then no management

actions (relating to chemical monitoring) will be necessary. If

contaminant trigger levels are exceeded, then management actions (e.g.,

restricting or stopping disposal) and additional field studies (Tier 2)

shall be implemented to evaluate the potential impacts. Biological

monitoring will be based primarily on continued collection and

assessment of trends of time-series data for marine birds and mammals

and midwater fishes in the Gulf of the Farallones region. Periodic

shipboard observations (which could be required in the permit, as

appropriate) taken from the vessels involved in disposal operations

will provide additional data on any potential impacts to these

organisms. If no significant negative trends are detected and shipboard

observations do not indicate that adverse impacts are occurring as a

result of disposal activities, then no management actions (relating to

biological monitoring) will be necessary. If statistically significant

negative trends are detected or shipboard observations indicate that

adverse impacts are occurring as a result of disposal activities, then

management actions (e.g., restricting or stopping disposal) and

additional field studies (Tier 2) shall be implemented to assess

potential impacts.

(2) Tier 2 monitoring shall occur based on management decisions in

Tier 1 as described above with consideration of study options,

including collection of additional data to further evaluate the

potential physical, chemical, and biological impacts of dredged

material dispersed in the water column and deposited outside of the

proposed SF-DODS on sensitive water column and benthic biological

resources of concern. If warranted, additional physical oceanographic

studies shall be conducted to improve the models used to predict the

dispersion and deposition of dredged material at the disposal site.

These additional studies may include: the collection of additional

current meter data, deployment of sediment traps, and deployment of

Lagrangian drifters. If the additional data indicate that no detectable

(above background) concentrations of material are entering the

sanctuaries, then no management actions would be necessary. If the data

do indicate significant elevated concentrations of sediments are

entering the sanctuaries, then management actions (e.g., restricting or

stopping disposal) shall be implemented. The benthic resources of

concern include infauna, epifauna and demersal fishes identified in the

Final EIS and in the 1985 to 1987 fish block data from the California

Department of Fish and Game. The benthic community within the sediment

footprint will be compared to benthic communities in adjacent areas

outside of the footprint. Additional monitoring activities in a higher

tier (Tier 3) may not be necessary if a management decision can be made

with the data obtained from the benthic community comparisons. If more

data are needed to make a management decision, Tier 3 monitoring shall

be initiated with consideration of options, including testing for

bioaccumulation of contaminants in tissues of appropriate benthic and/

or epifaunal organisms. EPA and the Corps, in consultation with the

OSWG, will determine the appropriate sampling methodologies for marine

birds and mammals based on results of the Physical Monitoring Module in

Tiers 1 and 2.

(3) Tier 3 monitoring shall be conducted if chemical and/or

biological triggers are exceeded in Tier 2. This tier involves the

assessment of benthic body burdens of contaminants and correlation with

comparison of the benthic communities inside and outside of the

sediment footprint. EPA Region IX will determine whether the proposed

SF-DODS is a source of significant bioaccumulation in the tissues of

benthic species collected at the proposed SF-DODS compared to adjacent

unimpacted areas. These data will be used to determine: the continuing

use of the proposed SF-DODS; the management options to further limit

disposal times, quantities or characteristics of the dredged material;

or the possible closure of the site after another site is designated.

b. Guidelines for site use included in the Site Management and

Monitoring Plan are:

(1) Use of the site shall be restricted to disposal of dredged

sediments only, regulated under section 103 of MPRSA.

(2) All sediments proposed for dredging must be determined to be

suitable for ocean disposal by EPA Region IX and the Corps' San

Francisco District in accordance with the 1991 EPA/Corps Green Book and

Region Implementation Manual. Suitability for ocean disposal will be

determined after review of the results of physical, chemical and

biological testing of the sediments, except those sediments

specifically exempted under the regulations (40 CFR 227.13(b)(1,2,3))

from such testing. When the material does not qualify for an exemption,

testing and reporting procedures shall be conducted as described in

procedures approved by EPA Region IX and the Corps' San Francisco

District.

(3) No dredged material will be disposed at the proposed SF-DODS

without a MPRSA section 103 permit issued by the Corps' San Francisco

District, or as authorized in a Corps' Civil Works project. All such

permits or Corps' Civil Works projects are subject to the approval of

EPA Region IX. All disposal operations shall be carried out according

to special conditions and other procedures set out in the MPRSA section

103 permits or specifications of the Corps' Civil Works project.

(4) If the dredged material is shown to form significant surface

plumes, the timing of disposal operations may be restricted in any 24-

hour period.

(5) The maximum allowable volume of disposal is 6 million cubic

yards per year. However, it is expected that lower volumes of sediment

would be disposed as a result of either unsuitability (as determined by

sediment tests) or selection of other disposal options such as

beneficial use.

(6) All sediments shall be discharged within a 3,200-foot radius

circle centered at the center coordinates of the disposal site, unless

otherwise directed.

(7) There are no restrictions on the type of disposal equipment

that can be used; however, it is anticipated that most of the dredged

material will be excavated with clamshell dredges and disposed from

towed split-hull scows or barges; or excavated by hopper dredges and

disposed from the hopper dredge or a towed barge.

(8) The U.S.C.G is responsible for surveillance of vessels

disposing of dredged material at the site. As staff and equipment

availability permit, EPA Region IX, the Corps' San Francisco District

or the U.S.C.G may provide an on-board observer, an escort, or impose

other requirements to confirm that disposal occurs within the central

dumping zone.

(9) The following reporting requirements shall be incorporated into

all MPRSA section 103 permits for use of the proposed SF-DODS:

(a) The permittee shall notify EPA Region IX, the Corps' San

Francisco District and the U.S.C.G Marine Safety Office in Alameda at

least two weeks before the start of the disposal activity.

(b) Each permittee shall provide EPA Region IX, and the Regulatory

Branch of the Corps' San Francisco District, with the following

information within 30 days following the end of the disposal operation:

Project Information: Project name; permittee; permit number;

project beginning and ending dates; project description, including map

of area dredged, depth of dredging, side slopes and tolerance dredging

(overdredging depth); and type of dredging, either construction or

maintenance.

Disposal Information (For each trip to the disposal site): Date;

hopper dredge or towing vessel and scow or barge name, number and

owner; master of the hopper dredge or towing vessel; capacity of

disposal vessel, hopper dredge, scow or barge (in cubic yards and cubic

meters); volume discharged (actual volume, not pay volume); a certified

plot of all hopper dredge, barge or scow disposal tracks once inside

the boundaries of the proposed SF-DODS, including the time and

coordinates for the beginning and ending of disposal; and any unusual

conditions affecting disposal on any trip (i.e., heavy seas, equipment

malfunction, etc.).

Post-Dredging Information: A post-dredging hydrographic survey

compared to a pre-dredging hydrographic survey taken at the dredging

site shortly before dredging began; number of disposal trips; total

amount of dredged material dumped at the proposed SF-DODS in cubic

yards and cubic meters, and dredged quantity calculations necessary to

determine the extent of dredging at the project site; and if the

dredged material is not exempt from testing, the mass loading of

materials disposed at the proposed SF-DODS should be calculated based

on chemical analyses used to characterize the dredged material before

the permit was issued.

c. Monitoring shall occur as specified in the SMMP. If funds to

implement the necessary monitoring are not available, disposal

operations will not be allowed to continue for that time period. If

monitoring identifies that significant adverse impacts are occurring at

or beyond the site boundary, site use or designation can be modified or

terminated by EPA Region IX to reduce adverse environmental impacts.

These modifications will be governed by the following criteria:

(1) Exceedance of Federal water quality criteria after disposal

within the site or beyond the proposed SF-DODS boundary as specified in

the Ocean Dumping Regulations (40 CFR 227.29(a)).

(2) Movement of disposed material toward significant biological

resource areas or marine sanctuaries.

(3) Significant adverse changes in the structure of the benthic

community outside the disposal site boundary.

(4) Significant adverse bioaccumulation in organisms collected from

the disposal site or areas adjacent to the proposed SF-DODS boundary

compared to the reference site.

(5) Significant adverse impacts upon commercial or recreational

fisheries resources near the site.

H. Action

EPA Region IX has concluded that the proposed SF-DODS may

appropriately be designated for use over a period of 50 years and not

to exceed 6 million cubic yards of suitable dredged material per year.

Designation of the proposed SF-DODS complies with the general and

specific criteria used for site evaluation. The proposed designation of

the proposed SF-DODS as an EPA-approved Ocean Dumping Site is being

published as proposed rulemaking. Management of this site will be the

responsibility of the Regional Administrator of EPA Region IX in

cooperation with the Corps' South Pacific Division Engineer and the San

Francisco District Engineer, based on objectives defined in the Site

Management and Monitoring Plan for the proposed SF-DODS. This Site

Management and Monitoring Plan will be issued through a separate Public

Notice.

It should be emphasized, if an ocean dumping site is designated,

such a site designation does not constitute or imply EPA Region IX's or

the Corps' San Francisco District's approval of actual ocean disposal

of dredged materials. Before ocean dumping of dredged material at the

site may begin, EPA Region IX and the Corps' San Francisco District

must evaluate permit applications according to EPA's Ocean Dumping

Criteria. EPA Region IX or the Corps' San Francisco District have the

right to deny permits if either agency determines that the Ocean

Dumping Criteria of MPRSA have not been met.

I. Regulatory Assessments

Under the Regulatory Flexibility Act, EPA is required to perform a

Regulatory Flexibility Analysis for all rules which may have a

significant impact on a substantial number of small entities. EPA has

determined that this action will not have a significant impact on small

entities since the site designation will only have the effect of

providing a disposal option for dredged material. Consequently, this

rule does not necessitate preparation of a Regulatory Flexibility

Analysis.

This action will not result in an annual effect on the economy of

$100 million or more or cause any of the other effects which would

result in its being classified by the Executive Order as a major rule.

Consequently, this action does not necessitate preparation of a

Regulatory Impact Analysis.

This action does not contain any information collection

requirements subject to Office of Management and Budget review under

the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 228

Environmental protection, Water pollution control.

Dated: February 7, 1994.

Felicia A. Marcus,

Regional Administrator, EPA Region IX.

In consideration of the foregoing, part 228 of chapter I of title

40 is amended as set forth below.

PART 228-[AMENDED]

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

follows:

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

2. Section 228.12 is amended by adding paragraph (b)(70) to read as

follows:

Sec. 228.12 Delegation of management authority for ocean dumping

sites.

* * * * *

(b) * * *

(70) Proposed San Francisco Deepwater Ocean Site (proposed SF-DODS)

Ocean Dredged Material Disposal Site--Region IX.

Location: Center coordinates of the oval-shaped site are: 37 deg. 39.0'

North latitude by123 deg. 29.0' West longitude (North American Datum

from 1983), with length (north-south axis) and width (west-east axis)

dimensions of approximately 4 nautical miles (7.5 kilometers) and 2.5

nautical miles (4.5 kilometers), respectively.

Size: 6.5 square nautical miles (22 square kilometers).

Depth: 8,200 to 9,840 feet (2,500 to 3,000 meters).

Primary Use: Ocean dredged material disposal.

Period of Use: Continuing use over 50 years from date of site

designation and not to exceed 6 million cubic yards of suitable dredged

material per year, subject to a detailed Site Management and Monitoring

Plan (SMMP) issued through a separate Public Notice.

Restrictions: Use of the site shall be subject to management decisions

based on results of monitoring as prescribed in the SMMP, which will be

issued through a separate Public Notice. Resources for implementing the

SMMP must be available in order for disposal operations to occur.

Disposal shall be limited to dredged sediments that comply with EPA's

Ocean Dumping Regulations. Disposal operations shall be conducted in

accordance with permit conditions specific to each approved project.

* * * * *

[FR Doc. 94-3536 Filed 2-16-94; 8:45 am]

BILLING CODE 6560-50-F