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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
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impacts to protected coral resources.
The following three ocean disposal alternatives were considered in the EA.
No Action Alternative EPA identified the No Action Alternative as not modifying the size of the existing Port Everglades ODMDS.
Implementation of this alternative would not have addressed the inadequate capacity at the existing ocean dump site to accommodate future ocean disposal of dredging projections.
As a result, the No Action Alternative does not meet the actions purpose and need. However, EPA developed and evaluated the No Action Alternative as a basis to compare the effects of the other alternatives considered.
Alternative 1: Modification of the existing Port Everglades ODMDS to encompass a 3.21 nmi2 area in a northsouth orientation Preferred Alternative.
Modification of the existing Port Everglades ODMDS in a north-south orientation to encompass a 3.21 nmi2
area as described above is the environmentally and operationally preferred alternative and considered the most viable option. The existing Port Everglades ODMDS is relatively small and has a limited capacity. Modifying the existing Port Everglades ODMDS to increase capacity would accommodate the anticipated volumes of material projected for possible ocean disposal associated with: The congressionally authorized widening and deepening of the Port Everglades Harbor Federal navigation channel; congressionally authorized maintenance dredging; the Broward County sand bypass and navigation projects; and potential future private interests. It is the most feasible option based on containing dredged material from disposal operations while potentially affecting the least potential hardbottom habitat. A detailed justification for this preferred alternative is included in Section 2 in the EA.
Alternative 2: Modification of the existing Port Everglades ODMDS to encompass a 2.89 nmi2 area in an eastwest orientation.
In order to inform viable options for expanding the existing site, EPA
evaluated the data and information included in the September 2013
Evaluation of Dredged Material Behavior at the Port Everglades Harbor Federal Project Ocean Dredged Material Disposal Site. EPA specifically considered the option of expanding the site in an east-west orientation.
Although designating an expanded ODMDS in an east-west orientation would provide adequate site capacity,
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an east-west orientation had a greater level of risk for adverse impact to hardbottom habitat. As described in the EA, a site more adequately protective of potential hardbottom areas was selected as the preferred alternative with a northsouth orientation Alternative 1.
b. Magnuson-Stevens Act The USACE, in conjunction with EPA, submitted an essential fish habitat EFH assessment to the National Marine Fisheries Service NMFS, pursuant to the Magnuson-Stevens Act, 16 U.S.C. 1855b2. The USACE
determined that the expansion of the existing Port Everglades ODMDS will not significantly affect managed species or EFH.
On March 13, 2020, EPA issued a letter to NMFS that described the EPAs plans to conduct a Remotely Operated Vehicle ROV survey to supplement the available data to further characterize potential hardbottom geomorphology and biological community in the expanded footprint of the Port Everglades ODMDS. On March 19, 2020, NMFS responded by letter requesting that in the event results from the ROV
survey indicate that significant hardbottom resources occur in the expanded ODMDS and use of the ODMDS will adversely affect those resources, EPA should re-initiate consultation. EPA is committed to continue working in close coordination with NMFS and will evaluate the ROV
survey results when they become available. If significant hardbottom resources occur in the expanded ODMDS and the use of the ODMDS will adversely affect those resources, EPA
will re-initiate consultation with NMFS
pursuant to the Magnuson-Stephens Act.
c. Coastal Zone Management Act EPA evaluated site designations for consistency with the enforceable policies of Floridas approved coastal zone management program. On behalf of EPA, the USACE Jacksonville District documented that the site expansion is consistent with the Florida Coastal Management Program to the maximum extent practicable. The Florida Department of Environmental Protection issued Coastal Zone Consistency for the Port Everglades ODMDS on April 29, 2011. EPA further coordinated with Florida to determine whether any additional information has become available that may warrant changes to the States 2011 determination. Florida responded, on April 17, 2020, that its position has not changed and that the action remains consistent to the maximum extent practicable with the
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enforceable policies of the States approved coastal program.
d. Endangered Species Act The Endangered Species Act, as amended, 16 U.S.C. 1531 to 1544, requires Federal agencies to consult with NMFS and the U.S. Fish and Wildlife Service to ensure that any action authorized, funded, or carried out by the Federal agency is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of any critical habitat. EPA has concluded consultation with NMFS, which provided a Biological Opinion for the South Atlantic District of the U.S. Army Corps of Engineers on March 7, 2014, applicable for the proposed expansion of the ODMDS. NMFSs Biological Opinion indicted that the expanded ODMDS will have no effect on federallylisted species or critical habitat. During a teleconference between EPA and NMFS on August 18, 2020, and in email correspondence issued on April 21, 2021, NMFS verified there are no changes to its Biological Opinion.
The expansion of the Port Everglades ODMDS will have no effect on federallylisted terrestrial or freshwater species under the jurisdiction of the U.S. Fish and Wildlife Service.
e. National Historic Preservation Act The National Historic Preservation Act NHPA, 16 U.S.C. 470 to 470a2, requires Federal agencies to consider the effect of their actions on districts, sites, buildings, structures, or objects, included in, or eligible for inclusion in the National Register of Historic Places NRHP. The depths of the ODMDS
greater than 700 feet depth exclude potential habitation or resources related to human settlements. In a letter dated April 9, 2020, the Florida State Historic Preservation Office stated that no historic properties would be affected by the expansion of the ODMDS.
IV. Statutory and Executive Order Reviews This rule expands the area of the Port Everglades ODMDS pursuant to Section 102 of the MPRSA. This action complies with applicable executive orders and statutory provisions as follows:
a. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action under the terms of Executive Order 12866 58 FR 51735, October 4, 1993 and is therefore not
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