228.15—Dumping sites designated on a final basis.
(a)
(1)
The sites identified in this section are approved for dumping the indicated materials. Designation of these sites was based on environmental studies conducted in accordance with the provisions of this part 228, and the sites listed in this section have been found to meet the site designation criteria of §§ 228.5 and 228.6.
(2)
Unless otherwise specifically noted, site management authority for each site set forth in this section is delegated to the EPA Regional office under which the site entry is listed.
(3)
Unless otherwise specifically noted, all ocean dumping site coordinates are based upon the North American Datum of 1927.
(i) Location:
43°33′36″N., 70°02′42″W.; 43°33′36″N., 70°01′18″W.; 43°34′36″N., 70°02′42″W.; 43°34′36″N., 70°01′18″W.
(vi) Restriction:
Disposal shall be limited to dredged material which meets the requirements of the MPRSA and its accompanying regulations. Disposal-and-capping is prohibited at the MBDS until its efficacy can be effectively demonstrated.
(i) Location:
Corner Coordinates (NAD 1983): 41°14′21″ N, 71°23′29″ W; 41°14′21″ N, 71°22′09″ W; 41°13′21″ N, 71°23′29″ W; 41°13′21″ N, 71°22′09″ W.
(vi) Restriction:
Disposal shall be limited to dredged material. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.
(i) Location:
Corner Coordinates (NAD 1983) 41°9.5′ N., 72°54.4′ W.; 41°9.5′ N., 72°51.5′ W.; 41°08.4′ N., 72°54.4′ W.; 41°08.4′ N., 72°51.5′ W.
(vi) Restrictions:
The designation in this paragraph (b)(4) sets forth conditions for the use of Central Long Island Sound (CLIS) and Western Long Island Sound (WLIS) Dredged Material Disposal Sites. These conditions apply to all disposal subject to the MPRSA, namely all federal projects and non-federal projects greater than 25,000 cubic yards. All references to “permittees” shall be deemed to include the Army Corps of Engineers (USACE) when it is authorizing its own dredged material disposal from a USACE dredging project. The conditions for this designation are as follows:
(B)
Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.
(C)
Except as provided in paragraphs (b)(4)(vi)(D) and (E) of this section, the disposal of dredged material at the CLIS and WLIS sites pursuant to this designation shall not be allowed beginning eight (8) years after July 5, 2005 unless a regional dredged material management plan (DMMP) for Long Island Sound has been completed by the North Atlantic Division of the USACE, in consultation with the State of New York, State of Connecticut and EPA, with a goal of reducing or eliminating the disposal of dredged material in Long Island Sound, and the EPA thereafter amends this site designation to incorporate procedures and standards that are consistent with those recommended in the DMMP. 1 Completion of the DMMP means finishing the items listed in the work plan (except for any ongoing long-term studies), including the identification of alternatives to open-water disposal, and the development of procedures and standards for the use of practicable alternatives to open-water disposal. If the completion of the DMMP does not occur within eight years of July 5, 2005 (plus any extensions under paragraphs (b)(4)(vi)(D) and (E) of this section), use of the sites shall be prohibited. However, if the DMMP is thereafter completed within one year, disposal of dredged material at the sites may resume.
Code of Federal Regulations
Footnote(s): 1 If the EPA has acted in good faith to adopt substantially all procedures and standards for the use of the sites and the use of practicable alternatives to open-water disposal recommended in the DMMP, termination of the use of the sites based on the EPA not adopting all procedures and standards shall not occur unless a party first files a petition with the EPA pursuant to item 7 setting forth in detail each procedure or standard that the party believes the EPA must adopt in order to be consistent with the DMMP, and the EPA has an opportunity to act on the petition. Termination of the use of the sites shall not occur if in response to a petition the EPA determines that it has adopted substantially all procedures and standards for the use of the sites and the use of practicable alternatives to open-water disposal recommended in the DMMP, unless and until otherwise directed by a court. Termination of the use of the sites shall not occur based on not adopting a DMMP provision if the DMMP provision is not consistent with applicable law. Termination of the use of the sites shall not occur based on the EPA not meeting the 60 and 120 day rulemaking deadlines set forth in item 7, but use of the sites shall be suspended if the EPA misses either deadline, until the EPA issues a final rule. Termination of the use of the sites shall not occur based on the EPA adopting procedures and standards which are stricter than the recommendations of the DMMP.
(D)
The EPA may extend the eight-year deadline in paragraph (b)(4)(vi)(C) of this section for any reasonable period (on one or more occasions) if it obtains the written agreement of the USACE, the State of Connecticut (Department of Environmental Protection) and the State of New York (Department of State).
(E)
The EPA may extend the eight-year deadline in paragraph (b)(4)(vi)(C) of this section by up to one year (on one occasion only) if it determines in writing that the parties participating in the development of the DMMP have attempted in good faith to meet the deadline, but that the deadline has not been met due to factors beyond the parties' control (including funding). Such an extension may be in addition to any extension(s) granted under paragraph (b)(4)(vi)(D) of this section.
(F)
The EPA will conduct an annual review of progress in developing the DMMP. If the EPA finds that the DMMP is being unreasonably delayed by one or more parties, the EPA reserves the right to take the following actions as appropriate: (1) Suspend use of the sites even prior to the deadlines established in paragraphs (b)(4)(vi)(C) through (E) of this section through an amended rulemaking or (2) Exercise through rulemaking its statutory and regulatory authorities regarding designation of ocean disposal sites.
(G)
Upon completion of the DMMP, disposal of dredged material at the designated sites pursuant to the designation in this paragraph (b)(4) shall be allowed only from permittees that comply with procedures and standards consistent with the recommendations of the DMMP, and consistent with applicable law, for the use of the sites and for the use of practicable alternatives to open-water disposal, so as to reduce or eliminate the disposal of dredged material in Long Island Sound. Upon the completion of the DMMP, the EPA will within 60 days propose and within 120 days (subject to consideration of public comments) issue a legally binding amendment to the designation in this paragraph (b)(4) describing all such procedures and standards and specifying that they must be complied with as part of this designation. 2 If any party (or the EPA on its own initiative) is not satisfied that the final DMMP recommends sufficient procedures and standards to reduce or eliminate disposal of dredged material in Long Island Sound to the greatest extent practicable, or if any party is not satisfied with the EPA's amendment adopting such procedures and standards, the party may petition the EPA to do a rulemaking to amend the designation to establish different or additional standards. The EPA will act on any such petition within 120 days.
Code of Federal Regulations
Footnote(s): 2 The EPA must preserve its discretion, in response to public comments, not to adopt such an amendment to this designation. The EPA understands that the State of New York has reserved its rights to revive its objection to this designation if the DMMP procedures and standards are not adopted.
(H)
Disposal not subject to the restrictions in paragraphs (b)(4)(vi)(C) through (G) or (b)(4)(vi)(I) of this section shall be permitted only for materials resulting from currently authorized or permitted dredging projects at Norwalk, Rye and New Rochelle. Such disposal must meet all applicable statutory and regulatory requirements. All phases of any of these project must be initiated within four (4) years from the date of the designation, or the project will become subject to paragraph (b)(4)(vi)(I) of this section.
(I)
Except for the projects covered by paragraph (b)(4)(vi)(H) of this section and until completion of the DMMP, disposal of dredged material at the designated sites pursuant to the designation in this paragraph (b)(4) shall be allowed only if, after full consideration of recommendations provided by an established Regional Dredging Team 3 (RDT), the USACE finds (and the EPA does not object to such finding), based on a fully documented analysis, that for a given dredging project:
Code of Federal Regulations
Footnote(s): 3 A Regional Dredging Team (RDT) comprised of regulatory and coastal policy specialists from state and federal agencies will be formed.
(1)
There are no practicable alternatives (as defined in 40 CFR 227.16(b)) to open-water disposal in Long Island Sound and that any available practicable alternative to open-water disposal will be fully utilized for the maximum volume of dredged material practicable;
(2)
Determinations relating to paragraph (b)(4)(vi)(I)(1) of this section will recognize that any alternative to open-water disposal may add additional costs. Disposal of dredged material at the designated sites pursuant to this paragraph (b)(4) shall not be allowed if a practicable alternative is available. Any project subject to this restriction must be permitted or authorized prior to the completion of the DMMP and completed within two years after the completion of the DMMP.
(K)
Disposal of dredged material at the designated sites pursuant to the designation in this paragraph (b)(4) shall not be allowed for any materials subject to a waiver under 33 U.S.C. 1413(d) unless, for any project where a waiver is sought, the New England or New York District of the USACE provides notification, by certified mail at least thirty (30) days before making the waiver request, to the Governors of the states of Connecticut and New York and the North Atlantic Division of the USACE that it will be requesting a waiver.
(L)
Transportation of dredged material to the sites shall only be allowed when weather and sea conditions will not interfere with safe transportation and will not create risk of spillage, leak or other loss of dredged material in transit. No disposal trips shall be initiated when the National Weather Service has issued a gale warning for local waters during the time period necessary to complete dumping operations.
(M)
The parties participating in the DMMP will need to seek additional funding in order to develop the DMMP. Nothing in the designation in this paragraph (b)(4) or elsewhere guarantees that any agency will be able to obtain funding for the DMMP. This designation shall not be interpreted as or constitute a commitment that the United States will obligate or expend funds in contravention of the Anti-Deficiency Act, 31 U.S.C. 1341. Rather, the sole remedy for any failure to meet the conditions specified in this paragraph (b)(4)(vi) shall be the restriction of the authority to dispose of dredged material, as provided in this paragraph (b)(4).
(N)
Nothing in the designation in this paragraph (b)(4) or elsewhere precludes the EPA from exercising its statutory authority to designate other ocean disposal sites, not subject to the restrictions in paragraph (b)(4)(vi), or taking any subsequent action to modify the site designation in paragraph (b)(4), provided that the EPA makes any such designation or takes such subsequent action through a separate rulemaking in accordance with all applicable legal requirements. Nothing in this designation shall be interpreted to restrict the EPA's authorities under the MPRSA or the implementing regulations or to amend the implementing regulations.
(i) Location:
Corner Coordinates (NAD 1983) 41°00.1′ N., 73°29.8′ W.; 41°00.1′ N., 73°28.1′ W.; 40°58.9′ N., 73°29.8′ W.; 40°58.9′ N., 73°28.1′ W.
(i) Location:
40°36′49″N., 73°23′50″W.; 40°37′12″N., 73°21′30″W.; 40°36′41″N., 73°21′20″W.; 40°36′10″N., 73°23′40″W.
(vi) Restrictions:
Disposal shall be limited to dredged material from Fire Island Inlet, Long Island, New York.
(i) Location:
40°34′32″N., 73°39′14″W.; 40°34′32″N., 73°37′06″W.; 40°33′48″N., 73°37′06″W.; 40°33′48″N., 73°39′14″W.
(vi) Restrictions:
Disposal shall be limited to dredged material from Jones Island Inlet, Long Island, New York.
(i) Location:
40°34′36″N., 73°49′00″W.; 40°35′06″N., 73°47′06″W.; 40°34′10″N., 73°48′6″W.; 40°34′12″N., 73°47′17″W.
(vi) Restrictions:
Disposal shall be limited to dredged material from East Rockaway Inlet, Long Island, New York.
(i) Location:
40°32′30″N., 73°55′00″W.; 40°32′30″N., 73°54′00W″; 40°32′00″N., 73°54′00″W.; 40°32′00″N., 73°55′00″W.
(vi) Restrictions:
Disposal shall be limited to dredged material from Rockaway Inlet, Long Island, New York.
(i) Location:
40°12′48″N., 73°59′45″W.; 40°12′44″N., 73°59′06″W.; 40°11′36″N., 73°59′28″W.; 40°11′42″N., 74°00′12″W.
(vi) Restrictions:
Disposal shall be limited to dredged material from Shark River Inlet, New Jersey.
(i)
Status of Former Mud Dump Site: The Mud Dump Site, designated as an Impact Category I site on May 4, 1984, is terminated.
(ii)
Location: (A) The HARS (which includes the 2.2 square nautical mile area of the former Mud Dump Site) is a 15.7 square nautical mile area located approximately 3.5 nautical miles east of Highlands, New Jersey and 7.7 nautical miles south of Rockaway, Long Island. The HARS consists of a Primary Remediation Area (PRA), a Buffer Zone, and a No Discharge Zone. The HARS is bounded by the following coordinates:
| Point | LatitudeDMS | LongitudeDMS | LatitudeDDM | LongitudeDDM |
|---|---|---|---|---|
| A | 40° 25′ 39″ N | 73° 53′ 55″ W | 40° 25.65′ N | 73° 53.92′ W. |
| M | 40° 25′ 39″ N | 73° 48′ 58″ W | 40° 25.65′ N | 73° 48.97″ W. |
| P | 40° 21′ 19″ N | 73° 48′ 57″ W | 40° 21.32′ N | 73° 48.95′ W. |
| R | 40° 21′ 19″ N | 73° 52′ 30″ W | 40° 21.32′ N | 73° 52.50′ W. |
| S | 40° 21′ 52″ N | 73° 53′ 55″ W | 40° 21.87′ N | 73° 53.92′ W. |
| V | 40° 21′ 52″ N | 73° 52′ 30″ W | 40° 21.87′ N | 73° 52.50′ W. |
| DMS = Degrees, Minutes, Seconds. | ||||
| DDM = Degrees, Decimal Minutes. | ||||
(B)
The PRA, is a 9.0 square nautical mile area to be remediated with at least a 1 meter cap of the Material for Remediation. The PRA is bounded by the following coordinates:
| Point | LatitudeDMS | LongitudeDMS | LatitudeDDM | LongitudeDDM |
|---|---|---|---|---|
| B | 40° 25′ 23″ N | 73° 53′ 34″ W | 40° 25.38′ N | 73° 53.57′ W. |
| D | 40° 25′ 22″ N | 73° 52′ 08″ W | 40° 25.37′ N | 73° 52.13′ W. |
| F | 40° 23′ 13″ N | 73° 52′ 09″ W | 40° 23.22′ N | 73° 52.15″ W. |
| G | 40° 23′ 13″ N | 73° 51′ 28″ W | 40° 23.22′ N | 73° 51.47′ W. |
| H | 40° 22′ 41″ N | 73° 51′ 28″ W | 40° 22.68′ N | 73° 51.47′ W. |
| I | 40° 22′ 41″ N | 73° 50′ 43″ W | 40° 22.68′ N | 73° 50.72′ W. |
| L | 40° 25′ 22″ N | 73° 50′ 44″ W | 40° 25.37′ N | 73° 50.73′ W. |
| N | 40° 25′ 22″ N | 73° 49′ 19″ W | 40° 25.37′ N | 73° 49.32′ W. |
| O | 40° 21′ 35″ N | 73° 49′ 19″ W | 40° 21.58′ N | 73° 49.32′ W. |
| Q | 40° 21′ 36″ N | 73° 52′ 08″ W | 40° 21.60′ N | 73° 52.13′ W. |
| T | 40° 22′ 08″ N | 73° 52′ 08″ W | 40° 22.13′ N | 73° 52.13′ W. |
| U | 40° 22′ 08″ N | 73° 53′ 34″ W | 40° 22.13′ N | 73° 53.57′ W. |
| DMS = Degrees, Minutes, Seconds. | ||||
| DDM = Degrees, Decimal Minutes. | ||||
(A)
The site will be managed so as to reduce impacts within the PRA to acceptable levels in accordance with 40 CFR 228.11(c). Use of the site will be restricted to dredged material suitable for use as the Material for Remediation. This material shall be selected so as to ensure it will not cause significant undesirable effects including through bioaccumulation or unacceptable toxicity, in accordance with 40 CFR 227.6.
(B)
Placement of Material for Remediation will be limited to the PRA. Placement of Material for Remediation within the PRA is not allowed in a 0.27 nautical mile radius around the following coordinates due to the presence of shipwrecks: 40° 25.30′ W, 73° 52.80′ N; 40° 25.27′ W, 73° 52.13′ N; 40° 25.07′ W, 73° 50.05′ N; 40° 22.46′ W, 73° 53.27′ N.
(C)
No placement of material may take place within the Buffer Zone, although this zone may receive material that incidentally spreads out of the PRA. The Buffer Zone is an approximately 5.7 square nautical mile area (0.27 nautical mile wide band around the PRA), which is bounded by the following coordinates:
| Point | Latitude DMS | Longitude DMS | Latitude DDM | Longitude DDM |
|---|---|---|---|---|
| A | 40°25′39″ N | 73°53′55″ W | 40°25.65′ N | 73°53.92′ W. |
| B | 40°25′23″ N | 73°53′34″ W | 40°25.38′ N | 73°53.57′ W. |
| C | 40°25′39″ N | 73°51′48″ W | 40°25.65′ N | 73°51.80′ W. |
| D | 40°25′22″ N | 73°52′08″ W | 40°25.37′ N | 73°52.13′ W. |
| E | 40°23′48″ N | 73°51′48″ W | 40°23.80′ N | 73°51.80′ W. |
| F | 40°23′13″ N | 73°52′09″ W | 40°23.22′ N | 73°52.15′ W. |
| G | 40°23′13″ N | 73°51′28″ W | 40°23.22′ N | 73°51.47′ W. |
| H | 40°22′41″ N | 73°51′28″ W | 40°22.68′ N | 73°51.47′ W. |
| I | 40°22′41″ N | 73°50′43″ W | 40°22.68′ N | 73°50.72′ W. |
| J | 40°23′48″ N | 73°51′06″ W | 40°23.80′ N | 73°51.10′ W. |
| K | 40°25′39″ N | 73°51′06″ W | 40°25.65′ N | 73°51.10′ W. |
| L | 40°25′22″ N | 73°50′44″ W | 40°25.37′ N | 73°50.73′ W. |
| M | 40°25′39″ N | 73°48′58″ W | 40°25.65′ N | 73°48.97′ W. |
| N | 40°25′22″ N | 73°49′19″ W | 40°25.37′ N | 73°49.32′ W. |
| O | 40°21′35″ N | 73°49′19″ W | 40°21.58′ N | 73°49.32′ W. |
| P | 40°21′19″ N | 73°48′57″ W | 40°21.32′ N | 73°48.95′ W. |
| Q | 40°21′36″ N | 73°52′08″ W | 40°21.60′ N | 73°52.13′ W. |
| R | 40°21′19″ N | 73°52′30″ W | 40°21.32′ N | 73°52.50′ W. |
| S | 40°21′52″ N | 73°53′55″ W | 40°21.87′ N | 73°53.92′ W. |
| T | 40°22′08″ N | 73°52′08″ W | 40°22.13′ N | 73°52.13′ W. |
| U | 40°22′08″ N | 73°53′34″ W | 40°22.13′ N | 73°53.57′ W. |
| V | 40°21′52″ N | 73°52′30″ W | 40°21.87′ N | 73°52.50′ W. |
| DMS = Degrees, Minutes, Seconds. | ||||
| DDM = Degrees, Decimal Minutes. | ||||
(D)
No placement or incidental spread of the material is allowed within the No Discharge Zone, an approximately 1.0 square nautical mile area, bounded by the following coordinates:
| Point | Latitude DMS | Longitude DMS | Latitude DDM | Longitude DDM |
|---|---|---|---|---|
| C | 40°25′39″ N | 73°51′48″ W | 40°25.65′ N | 73°51.80′ W. |
| E | 40°23′48″ N | 73°51′48″ W | 40°23.80′ N | 73°51.80′ W. |
| J | 40°23′48″ N | 73°51′06″ W | 40°23.80′ N | 73°51.10′ W. |
| K | 40°25′39″ N | 73°51′06″ W | 40°25.65′ N | 73°51.10′ W. |
| DMS = Degrees, Minutes, Seconds. | ||||
| DDM = Degrees, Decimal Minutes. | ||||
(E)
HARS-specific Polychlorinated Biphenyl (PCB) Tissue Criterion: Total PCB bioaccumulation worm test results for dredged material approved for placement at the HARS as Material for Remediation shall not exceed the HARS-specific PCB tissue criterion of 113 ppb. This HARS-specific PCB tissue criterion will be applied to the arithmetic mean concentration reported for the analyses of the worm tissue replicates exposed to the tested sediments, without the use of statistical confidence limits.
(vi)
Period of Use: Continuing use until EPA determines that the PRA has been sufficiently capped with at least 1 meter of the Material for Remediation. At that time, EPA will undertake any necessary rulemaking to de-designate the HARS.
(i) Location:
40°06′36″N., 74°01′34″W.; 40°06′19″N., 74°01′39″W.; 40°06′18″N., 74°01′53″W.; 40°06′41″N., 74°01′51″W.
(i) Location:
39°20′39″N., 74°18′43″W.; 39°20′30″N., 74°18′25″W.; 39°20′03″N., 74°18′43″W.; 39°20′12″N., 74°19′01″W.
(i) Location:
38°55′52″N., 74°53′04″W.; 38°55′37″N., 74°52′55″W.; 38°55′23″N., 74°53′27″W.; 38°55′36″N., 74°53′36″W.
(vi) Restrictions:
Disposal shall be limited to dredged material from Cold Spring Inlet, New Jersey.
(i) Location:
18°30′10″N., 66°09′31″W.; 18°30′10″N., 66°08′29″W.; 18°31′10″N., 66°08′29″W.; 18°31′10″N., 66°09′31″W.
(vi) Restriction:
Disposal shall be limited to dredged material from the Port of San Juan, Puerto Rico, and coastal areas within 20 miles of said port entrance.
(i) Location:
18°31′00″ N., 66°43′47″ W.; 18°31′00″ N., 66°42′ 45″ W.; 18°30′00″ N., 66°42′45″W.; 18°30′00″ N., 66°43′47″ W.