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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations
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EPA determined that this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. The EPA has assessed the overall protectiveness of modifying the existing HOODS against the criteria established pursuant to the MPRSA to ensure that any adverse impact to the environment will be mitigated to the greatest extent practicable.
V. Response to Comments on the Proposed Rule, EA and SMMP
EPA published the draft EA and the proposed rule for a 30-day public comment period on May 29, 2020, and accepted comments until June 29, 2020.
Both the draft EA and proposed rule were available at www.regulations.gov Docket ID No. EPAR09OW2020
0188 and at https www.epa.gov/
ocean-dumping/humboldt-open-oceandisposal-site-hoods-documents.
EPA received feedback from a total of four commenters on the draft EA and proposed rule. Most of the comments did not specify whether they applied to the EA, the proposed rule, or the SMMP;
EPA therefore accepted them as applicable to all three documents. The full comments, and EPAs responses, are included in Appendix E to the Final EA
and are summarized below. Based on the comments received, only minor, clarifying wording changes have been made to the Final EA, final rule, and updated SMMP.
One citizen commenter supported expanding HOODS, asked how long before expansion might be needed again, hoped that expansion would cause no environmental harm, and recommended that dumping violations should be punished. EPA responded that the site should not need further expansion for approximately 75 years at present disposal rates; that EPA had substantial enforcement authority should violations occur; and that environmental impacts are not expected based on the prior 25 years of site use and the results of recent comprehensive monitoring studies.
One agency commenter pointed out some potential for confusion regarding whether the modified HOODS boundary would completely supersede the original HOODS boundary on future NOAA navigation charts, or whether both old and new boundaries would be shown. The commenter pointed out that if both were shown, confusion could result because small corners of the old boundary would protrude from the otherwise perfectly square new
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boundary. EPA responded that the new boundary would completely supersede the original boundary on future NOAA
navigation chart updates.
Another agency commented that it looked forward to receiving EPAs consistency determination for the proposed boundary modification and to working with EPA staff on this submittal. EPA thanked the agency and noted that EPA would not publish the final rule for modifying HOODS until the agencys comments if any had been fully considered.
The final agency commenter pointed out a minor typographical error in draft EA Section 4.4.1. This typographical error was corrected.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Authority: This action is issued under the authority of Section 102 of the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401, 1411, 1412.

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iv Use Restricted to Disposal of:
Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR
220228.
v Period of Use: Continuing use for 50 years from the effective date of this updated site designation, subject to restrictions and provisions set forth in paragraph l10vi of this section.
vi Restrictions/Provisions: Disposal at HOODS shall be in accordance with the permit or Federal project approval that incorporates all conditions set forth in the most recent Site Management and Monitoring Plan SMMP for the HOODS published by EPA in consultation with USACE, and as may be modified in EPA concurrences for individual projects disposing at HOODS. The SMMP may be periodically revised as necessary;
proposed substantive revisions to the SMMP shall be made following opportunity for public review and comment.

Dated: February 3, 2021.
Deborah Jordan, Acting Regional Administrator, EPA Region 9.

FR Doc. 202102731 Filed 21621; 8:45 am
For the reasons set out in the preamble, the EPA amends chapter I, title 40 of the Code of Federal Regulations as follows:

ENVIRONMENTAL PROTECTION
AGENCY

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

EPAR05UST20200685; FRL10020
05Region 5

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

Indiana: Final Approval of State Underground Storage Tank Program Revisions

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

BILLING CODE 656050P

40 CFR Part 281

Environmental Protection Agency EPA.
ACTION: Direct final rule.

2. Section 228.15 is amended by revising paragraph l10 to read as follows:

AGENCY:

228.15 Dumping sites designated on a final basis.

SUMMARY:

l
10 Humboldt Open Ocean Disposal Site HOODS Ocean Dredged Material Disposal SiteRegion IX.
i Location: The coordinates of the four corners of the square site are:
4050.300 North latitude N by 124018.017 West longitude W;
4049.267 N by 12415.767 W;
4047.550 N by 12417.083 W; and 4048.567 N by 12419.300 W North American Datum from 1983. The expanded disposal site boundary defined by these coordinates replaces and supersedes the previous boundary.
ii Size: 4 square nautical miles 13.4
square kilometers.
iii Depth: Water depths within the area range between approximately 150
to 210 feet 45 to 64 meters.

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Pursuant to the Resource Conservation and Recovery Act RCRA
or Act, the Environmental Protection Agency EPA is taking direct final action to approve revisions to the State of Indianas Underground Storage Tank UST program submitted by the State.
EPA has determined that these revisions satisfy all requirements needed for program approval. The States federallyauthorized program, as revised pursuant to this action, will remain subject to EPAs inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions.

This rule is effective April 19, 2021, unless EPA receives adverse comment by March 19, 2021. If EPA
receives adverse comment, it will publish a timely withdrawal in the
DATES:

E:FRFM17FER1.SGM

17FER1