Proposed Rule2026-04848
Marine Protection: Modification To Expand Ocean Dredged Material Disposal Sites Offshore of Corpus Christi, Texas
Primary source
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Published
March 12, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a modification to expand the existing designated boundaries of the two EPA designated ocean dredged material disposal sites (ODMDSs) offshore of Corpus Christi, Texas; specifically, the Corpus Christi Ship Channel (CCSC) ODMDS and the Corpus Christi New Work (CCNW) ODMDS to serve the long-term need for locations to dispose of suitable material dredged from the Corpus Christi Bay area. The modified sites will be subject to monitoring and management to ensure continued protection of the marine environment.
Full Text
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<title>Federal Register, Volume 91 Issue 48 (Thursday, March 12, 2026)</title>
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[Federal Register Volume 91, Number 48 (Thursday, March 12, 2026)]
[Proposed Rules]
[Pages 12126-12132]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04848]
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ENVIRONMENTAL PROTECTION AGENCY
40 Part 228
[EPA-R06-OW-2025-3359; FRL-13119-01-R6]
Marine Protection: Modification To Expand Ocean Dredged Material
Disposal Sites Offshore of Corpus Christi, Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a modification to expand the existing designated boundaries of
the two EPA designated ocean dredged material disposal sites (ODMDSs)
offshore of Corpus Christi, Texas; specifically, the Corpus Christi
Ship Channel (CCSC) ODMDS and the Corpus Christi New Work (CCNW) ODMDS
to serve the long-term need for locations to dispose of suitable
material dredged from the Corpus Christi Bay area. The modified sites
will be subject to monitoring and management to ensure continued
protection of the marine environment.
DATES: Written comments must be received April 13, 2026.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OW-
2025-3359, by one of the following methods: Federal e-Rulemaking
Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>; follow the online instruction for
submitting comments.
FOR FURTHER INFORMATION CONTACT: Wendy Jacques, Environmental
Protection Agency, Region 6, Water Division, Marine Coastal and
Nonpoint Source Section (6WD-AM) (R06-WD-APB-MCNSS), 1201 Elm Street,
Suite 500, Dallas, TX 75270; telephone number: (214) 665-7395; email
address: <a href="/cdn-cgi/l/email-protection#4802292b393d2d3b661f2d262c31082d3829662f273e"><span class="__cf_email__" data-cfemail="c68ca7a5b7b3a3b5e891a3a8a2bf86a3b6a7e8a1a9b0">[email protected]</span></a>. Further information is available via
the EPA website at <a href="https://www.epa.gov/marine-protection-permitting/marine-protection-permitting-epa-region-6">https://www.epa.gov/marine-protection-permitting/marine-protection-permitting-epa-region-6</a>.
SUPPLEMENTARY INFORMATION:
The supporting document for this site modification action is the
Draft Environmental Assessment (DEA) on the Proposed Modification for
Expansion of the Corpus Christi Ship Channel and Corpus Christi New
Work Ocean Dredged Material Disposal Sites, Nueces and San Patricio
Counties, Texas, and Preliminary Find of No Significant Impact. This
document and its appendices are available via the EPA website <a href="https://www.epa.gov/marine-protection-permitting/marine-protection-permitting-epa-region-6">https://www.epa.gov/marine-protection-permitting/marine-protection-permitting-epa-region-6</a>.
Table of Contents
I. Potentially Affected Persons
II. Background
III. Environmental Statutory Review
IV. Statutory and Executive Order Reviews
I. Potentially Affected Persons
Persons potentially affected by this action include those who seek
or might seek permits or approval from the EPA to dump dredged material
into ocean waters pursuant to the MPRSA, 33 U.S.C. 1401 et seq. The
EPA's Proposed Action is therefore relevant to persons,
[[Page 12127]]
including dredging entities and government bodies, seeking to dump
dredged material in ocean waters offshore of Corpus Christi, Texas
(currently, the U.S. Army Corps of Engineers (USACE) and other persons
with permits to use designated sites offshore of Corpus Christi,
Texas), as well as persons interested in protection of the marine
environment. Potentially affected categories and persons include:
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Examples of potentially regulated
Category persons
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Federal Government................... USACE Civil Works projects and
other Federal agencies.
Industry and general public.......... Port authorities, marinas and
harbors, shipyards and marine
repair facilities, berth owners.
State, local and tribal governments.. Governments owning and/or
responsible for ports, harbors,
and/or berths, government
agencies requiring disposal of
dredged material associated with
public works projects.
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This table is not intended to be exhaustive but rather provides a
guide for readers regarding persons likely to be affected by this
action. For any questions regarding the applicability of this action to
a particular entity, please refer to the contact person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
II. Background
a. History of Disposal Sites Offshore of Corpus Christi, Texas
Dredged material was first disposed at the CCSC ODMDS location in
1969, prior to the enactment of the MPRSA in 1972. In 1977, the EPA
designated a disposal site that partially overlaps the existing site
under MPRSA on an interim basis. In 1989, after a more recent siting
analysis during the designation of the existing CCSC ODMDS, the EPA
took action to exclude a portion of the interim site from consideration
for additional disposal of dredged material due to the portion's
proximity to a biologically sensitive area. Suitable dredged material
from the regular maintenance dredging of the Corpus Christi Ship
Channel may be disposed at the existing CCSC ODMDS. The existing CCSC
ODMDS covers 0.61 square nautical miles (nmi\2\) and is located
approximately 1.7 nautical miles (nmi) offshore.
The existing CCNW ODMDS, previously referred to as the New Work
ODMDS, was designated in 1988 to provide a disposal area for both
maintenance and new work material from the U.S. Navy's Homeport Project
at Corpus Christi/Ingleside, Texas. The Navy did not proceed with the
project, and the EPA subsequently re-designated the site for one-time
disposal of native channel improvement construction (new work)
material. The site covers 1.39 nmi\2\ and is located approximately 2.7
nmi offshore.
The EPA is proposing to modify the existing CCSC and CCNW ODMDSs
boundaries by expanding the area covered by the ODMDSs rather than
designating a new ocean disposal site or multiple sites off the coast
of Corpus Christi. Monitoring studies at CCSC and CCNW ODMDSs have
confirmed that there have been no significant adverse environmental
consequences of disposal in this area and that there are no unique or
limited habitats, features, or uses of the ocean that would be
adversely affected by the disposal of additional dredged material at an
expanded site. Note that, the EPA proposal to modify the existing
boundaries would not approve of the disposal of dredged material from
any specific project at the sites. Before any person can ocean dump
dredged material at CCSC or CCNW ODMDS, the EPA and the USACE must
evaluate the dredged material from the project according to the marine
protection criteria at 40 CFR part 227, and the USACE must authorize
the disposal under section 103 of the MPRSA, 33 U.S.C. 1413(b). The
USACE relies on the EPA's marine protection criteria when evaluating
permit requests for (and implementing federal projects involving) the
transportation of dredged material for the purpose of dumping it into
ocean waters. MPRSA permits and federal approvals for projects
involving ocean dumping of dredged material are subject to the EPA's
review and concurrence in accordance with 33 U.S.C. 1413(c). The EPA
may concur with or without conditions or decline to concur (i.e., non-
concur) on ocean dumping permits for dredged material or authorizations
associated with federal projects to transport and dump dredged material
in the ocean. If the EPA concurs with conditions, the final permit or
authorization must include those conditions. If the EPA declines to
concur, the USACE cannot issue the permit for ocean dumping of dredged
material or authorize the transportation and dumping of dredged
material in the ocean associated with a federal project.
b. Location and Configuration of the Proposed Modified CCSC and CCNW
ODMDSs
This action proposes the modification of the existing CCSC and CCNW
ODMDSs by expanding their boundaries. Depths of the proposed modified
ODMDSs range from 35 to 55 feet of water.
The proposed modified CCSC ODMDS would be expanded 0.5 nmi to the
southwest from an area of 0.61 nmi\2\ to 1.05 nmi\2\. The proposed
modified CCNW ODMDS would be expanded 0.5 nmi to the northwest; 0.6 nmi
to the northeast; 0.4 nmi to the southeast; and 0.8 nmi to the
southwest from an area of 1.39 nmi\2\ to 5.57 nmi\2\.
Proposed Modified CCSC ODMDS Coordinates (NAD83)
Northwest 27[deg]49'11.28'' N, 97[deg]01'9.84'' W
Northeast 27[deg]48'43.20'' N, 97[deg]00'22.32'' W
Southeast 27[deg]47'40.56'' N, 97[deg]01'9.12'' W
Southwest 27[deg]48'7.20'' N, 97[deg]01'56.64'' W
Proposed Modified CCNW ODMDS Coordinates (NAD83)
Northwest 27[deg]48'31.68'' N, 97[deg]00'24.12'' W
Northeast 27[deg]47'32.64'' N, 96[deg]58'40.44'' W
Southeast 27[deg]45'1.08'' N, 97[deg]00'32.04'' W
Southwest 27[deg]46'0.48'' N, 97[deg]02'19.32'' W
The Proposed Action would provide ongoing disposal capacity for
suitable dredged material without causing significant adverse impacts,
while also affording the most operational flexibility for managing the
dredged material in a manner that would minimize physical impacts over
time.
c. Management and Monitoring of the Sites
The proposed modified ODMDSs are expected to receive suitable
dredged material from the Port of Corpus Christi's Channel Deepening
Project (CDP) and suitable dredged material from other applicants who
obtain a permit that could authorize disposal of dredged material at
the proposed modified ODMDSs. Under MPRSA Section 102(c)(3) and
implementing regulations, the EPA is responsible for the management of
all ocean disposal sites designated under the MPRSA (40 CFR 228.3(b)).
Management of the ocean
[[Page 12128]]
disposal sites consists of regulating the times, quantity and
characteristics of the material dumped at the site; establishing
disposal controls, conditions and requirements to avoid and minimize
potential impacts to the marine environment; and monitoring the site
and surrounding environment to verify that unanticipated or significant
adverse effects are not occurring from past or continued use of the
ocean disposal site and that terms of the MPRSA permit are met.
As with the existing ODMDSs, the modified ODMDSs under the Proposed
Action would be maintained according to a Site Management and
Monitoring Plan (SMMP) which would specify adaptive management
provisions to ensure that significant environmental impacts do not
occur within the sites and adjacent areas. The EPA provides the draft
SMMP for the proposed modified ODMDSs with its draft environmental
assessment (DEA) for public review in the rulemaking docket, accessible
at: <a href="https://www.epa.gov/marine-protection-permitting/marine-protection-permitting-epa-region-6">https://www.epa.gov/marine-protection-permitting/marine-protection-permitting-epa-region-6</a>. All parties using CCSC or CCNW ODMDS would be
required to follow any project-specific conditions, as well as
provisions of the updated SMMPs for the modified sites as identified or
incorporated into a permit or Federal project approval.
d. MPRSA Criteria
In evaluating the proposed modified ODMDSs, the EPA assessed the
sites according to the marine protection criteria of the MPRSA, with
emphasis on the general and specific regulatory criteria of 40 CFR part
228, to determine whether the proposed site designations satisfy those
criteria. The EPA's DEA provides an extensive evaluation of the
criteria and other related factors for the modification of the existing
ODMDSs.
General Criteria (40 CFR Sec. 228.5)
(a) Sites must be selected to minimize interference with other
activities in the marine environment, particularly avoiding areas of
existing fisheries or shellfisheries, and regions of heavy commercial
or recreational navigation (40 CFR Sec. 228.5(a)).
The EPA developed the original site designations for the existing
1989 CCSC and the existing 1988 CCNW ODMDSs using a Zone of Siting
Feasibility (ZSF) approach, including dredged material fate modeling
with considerations of potential interference with other activities in
the marine environment such as avoiding areas of existing critical
fisheries or shellfisheries and regions of heavy commercial or
recreational navigation. The existing sites do not interfere with other
legitimate uses of the ocean because the original evaluations were
designed to avoid interferences and to minimize adverse impacts. The
expanded sites are not expected to have any additional impact beyond
baseline effects assumed in these earlier evaluations.
(b) Sites must be situated such that temporary perturbations to
water quality or other environmental conditions during initial mixing
caused by disposal operations would be reduced to normal ambient levels
or undetectable contaminant concentrations or effects before reaching
any beach, shoreline, marine sanctuary, or known geographically limited
fishery or shellfishery (40 CFR Sec. 228.5(b)).
The proposed modified ODMDSs would be used for disposal of suitable
dredged material as determined by the USACE and the EPA under Section
103 of the MPRSA. Based on the USACE and EPA dredged material testing
and evaluation procedures, disposal of dredged maintenance material and
proposed new work material is not expected to have any long-term
adverse impact on water quality. The existing ODMDSs and proposed
modified ODMDSs are located sufficiently far from shore and fisheries
resources to allow temporary water quality disturbances caused by
disposal of dredged material to be reduced to ambient conditions before
reaching any environmentally sensitive areas.
(c) The sizes of disposal sites will be limited to localize for
identification and control any immediate adverse impacts, and to permit
the implementation of effective monitoring and surveillance to prevent
adverse long-range impacts. Size, configuration, and location are to be
determined as part of the disposal site evaluation (40 CFR Sec.
228.5(d)).
When determining the size of the proposed sites, the EPA considered
the ability to implement effective monitoring and surveillance programs
to ensure that the environment of the sites could be protected, and
that navigational safety would not be compromised by the mounding of
dredged material. The EPA determined the original site footprints based
on a Zone of Siting Feasibility (ZSF) analysis as well as a dredged
material fate model in support of the original site designations. Site
use history of both the CCSC and CCNW ODMDSs confirms the previous
modeling. Based on a dredged material fate model developed to support
the CDP, the EPA determined that material at each site would remain
within the ODMDS boundaries and not reach a height which would impair
navigation. The SMMP describes the future monitoring and management
activities the EPA and USACE would implement to confirm that disposal
at the site is not significantly affecting adjacent areas.
(d) The EPA will, wherever feasible, designate ocean dumping sites
beyond the edge of the continental shelf and other such sites where
historical disposal has occurred (40 CFR Sec. 228.5(e)).
The existing and proposed CCSC ODMDS is approximately 1.7 nmi
offshore and lies partially within the boundary of the site designated
on an interim basis in 1977. The proposed CCNW ODMDS is approximately
2.7 nmi offshore and would fully encompass the existing site. The break
of the continental shelf is approximately 60 nmi offshore. A dredged
material disposal site at that location has been deemed unsuitable
because safety risks increase, and the economic practicality and
feasibility of monitoring and surveillance decrease with increasing
distance from shore. Additionally, benthos living beyond the
continental shelf are not expected to be as resilient to sediment
resuspension as in the nearshore, higher energy environment. The ZSF
analysis prepared by the USACE in support of the original 1988 and 1989
designations for the CCNW ODMDS and the CCSC ODMDS, respectively,
analyzed geographic constraints due to biological and physical
resources, cultural and historical resources, environmental quality and
recreational uses and concluded that designating a disposal site in an
area beyond the continental shelf was unsuitable.
Specific Criteria (40 CFR 228.6)
(1) Geographical Position, Depth of Water, Bottom Topography and
Distance From Coast (40 CFR Sec. 228.6(a)(1))
The proposed expanded CCSC ODMDS boundary is located approximately
1.7 nmi offshore in water depths of approximately 35 to 50 feet. The
proposed expanded CCNW ODMDS boundary is located further offshore,
approximately 2.7 nmi, in water depths of approximately 45 to 55 feet.
The seafloor in this area slopes gently with significant variation in
sediment composition throughout.
(2) Location in Relation to Breeding, Spawning, Nursery, Feeding, or
Passage Areas of Living Resources in Adult or Juvenile Phases (40 CFR
Sec. 228.6(a)(2))
The existing CCSC and CCNW ODMDSs provide feeding and breeding
areas for common resident benthic
[[Page 12129]]
organisms, fish, marine mammal, sea turtle, and seabird species.
However, habitat in the region of the sites and expansion areas is not
unique in this portion of the Gulf of America and is not critical
habitat to the survival of any species of fish, invertebrates, sea
turtles, whales, or threatened and endangered species. Floating larvae
and eggs of various species of marine organisms are expected to be
found at and near the water surface in the areas of the ODMDSs and
expansion areas. The stress and possible mortality of individual
organisms encountering adverse conditions during dredged disposal
operations in the ODMDSs would be negligible compared to organisms in
the greater region of the Gulf of America. Fish and invertebrates in
this region of the Gulf of America use the nearshore areas for
breeding, spawning, and feeding, and the nearshore jetties provide for
migratory passage. The ODMDSs and expansion areas under the Proposed
Action are located outside of these sensitive nearshore areas and
outside of the buffer zone so as not to impact the biologically
sensitive areas.
(3) Location in Relation to Beaches and Other Amenity Areas (40 CFR
Sec. 228.6(a)(3))
The proposed expanded CCSC ODMDS is located approximately 1.7 nmi
from the nearest beach or amenity area. The proposed expanded CCNW
ODMDS is located approximately 2.7 nmi from the nearest beach or
amenity area. Transport of dredged material disposed at the sites
occurs parallel to the beach. No significant impacts to beaches or
amenity areas have been associated or detected with the existing sites
and none are expected from the expanded ODMDS boundaries.
(4) Types and Quantities of Disposal, and Proposed Methods of Release
(40 CFR Sec. 228.6(a)(4))
The Corpus Christi Ship Channel Improvement Project (CCSCIP)
generated approximately 41 MCY of new work dredged material and is
expected to generate approximately 208 MCY of maintenance dredged
material over the life of the project. The proposed CDP is expected to
generate an additional amount, approximately 46 MCY of new work dredged
material and approximately 7.8 MCY of maintenance dredged material.
Alternatives for placement of dredged material have been developed as
follows: ocean disposal; upland confined placement; and beneficial use.
The USACE anticipates employing a combination of these options. Only
dredged material that is determined to be suitable for ocean disposal
under national and regional testing guidance would be disposed in the
proposed expanded CCSC and CCNW ODMDSs. In addition, all disposal of
dredged material in the ocean requires an ocean dumping permit issued
by the USACE, or in the case of a federal project involving ocean
dumping must be authorized by the USACE pursuant to MPRSA Section 103,
with review and concurrence from the EPA Region 6. Recent and
historical chemical, physical, and bioaccumulation assessments
performed by the USACE have indicated that there are no concerns with
contaminated sediments in the Corpus Christi Ship Channel sediments.
The maintenance material ranges from silt or sandy silt in the
Inner Harbor, Upper Bay, and La Quinta Channel to fine or silty sand
and silt in the entrance channel to silt or sandy silt, fine or silty
sand and sand in the Lower Bay. The new work material ranges from
mostly hard clay in the Inner Harbor and La Quinta Extension to mostly
soft clay in the Upper Bay, mostly medium-to-dense sand in the Lower
Bay to very dense sand in the Jetty Channel to soft and firm clay
toward the Extension Channel. The amount of material to be disposed of
at the ODMDSs is expected to increase due to authorized private
development projects and limited upland capacity. Material would be
discharged from the hopper dredge within the ODMDSs. There would not be
any waste contained or disposed of with the maintenance dredged
material or new work material.
(5) Feasibility of Surveillance and Monitoring (40 CFR Sec.
228.6(a)(5))
Both the expanded CCSC and CCNW ODMDSs would continue to be
amenable to surveillance and monitoring due to their proximity to
Corpus Christi and their relatively shallow depths. These factors
facilitate site accessibility and reduce sampling costs and safety
risks. The EPA and USACE would continue periodic environmental
monitoring of the sites, approximately every 10 years, which consists
of water, sediment and elutriate chemistry, bioassays, bioaccumulation
studies and benthic infauna analyses, as described in the updated SMMP
for the proposed CCSC and CCNW ODMDSs.
(6) Dispersal, Horizontal Transport and Vertical Mixing Characteristics
of the Area, Including Prevailing Current Direction and Velocity (40
CFR Sec. 228.6(a)(6))
Though ocean current monitoring in the vicinity of ODMDSs has
confirmed both horizontal and vertical current directions (depending on
the season), the proposed sites are predominantly characterized by
longshore currents. The steady longshore transport and occasional
storms, including hurricanes, disperse the disposed material from the
site. These conditions have not adversely affected the ability to
successfully and precisely dispose of suitable dredged material at both
ODMDSs in the past and are not expected to affect disposal at the
proposed expanded sites in the future.
(7) Existence and Effects of Current and Previous Discharges and
Dumping in the Area (Including Cumulative Effects) (40 CFR Sec.
228.6(a)(7))
The EPA is responsible for ODMDS site monitoring in accordance with
requirements specified at 40 CFR 228.13. ODMDS monitoring requirements
are based on site designation parameters established in the MPRSA and
implementing regulations and are described in the SMMP for each ODMDS.
Site monitoring activities include but are not limited to water column
data collection, hydrodynamic analysis, sediment sampling and analyses
for chemical content and concentrations, infauna sampling for benthic
community analyses, geophysical surveys to determine distribution of
native seabed features and deposits of disposed material, and other
surveys to assess the characteristics at oceanographic sites. A 2020
survey of the existing and proposed CCSC and CCNW ODMDSs indicated no
significant changes to the benthic communities and grain size at the
sites and that conditions within the ODMDSs were similar to those
throughout the greater study area. Water and sediment chemistry
sampling over the past four decades demonstrate that there are no water
or sediment quality problems in the study area, and that dredged
material disposal at the site has not caused or contributed to water or
sediment quality contamination at the sites. Water quality
perturbations from active disposal are temporary, minor, and
insignificant. Short-term, long-term, and cumulative effects of dredged
material disposal in the proposed expanded sites would be minor, and
similar to those for the existing sites.
In conjunction with maintenance dredging and chemical, physical,
and bioaccumulation assessments, the USACE has collected water and
sediment chemistry data from the Corpus Christi Ship Channel since
1975. The data indicate that sediments in the Corpus Christi Ship
Channel are not
[[Page 12130]]
contaminated and likely to remain acceptable for ocean dumping.
(8) Interference With Shipping, Fishing, Recreation . . . and Other
Legitimate Uses of the Ocean (40 CFR Sec. 228.6(a)(8))
Listed uses pertinent to the CCSC and CCNW ODMDSs include shipping,
mineral extraction, commercial and recreational fishing, and
recreational and historical sites. The existing sites do not interfere
with other legitimate uses of the ocean because the site selection
process was expressly designed and conducted to avoid interferences and
minimize adverse impacts. Past dumping of maintenance dredged material
or new work material has not been known to interfere with other uses,
and no changes are expected at the proposed expanded sites that would
alter the status quo.
(9) Existing Water Quality and Ecology of the Sites as Determined by
Available Data or Trend Assessment of Baseline Surveys (40 CFR Sec.
228.6(a)(9))
According to the 2024 Texas Integrated Report, the existing and
proposed expanded ODMDSs are located within an impaired water body,
Texas assessment unit ID TX-2501_06. The subsegment is listed as a fish
consumption advisory for mercury. Water and sediment chemistry data
from the 2020 monitoring survey indicate no significant water quality
issues and no significant trends in water quality resulting from
dredged material dumping. Both the CCSC and CCNW ODMDSs support benthic
and epibenthic fauna characteristic of the region and there are no
unique or limited habitats in the vicinity. No adverse impacts to
benthos both inside and outside the existing or proposed expanded sites
have been identified based on previous monitoring and none are
expected.
(10) Potential for the Development or Recruitment of Nuisance Species
(40 CFR Sec. 228.6(a)(10))
There is potential for invasive species to be released through
ballast water from vessels travelling from multiple distant ports.
Under the Proposed Action, the U.S. Coast Guard will continue to manage
the National Ballast Information Clearinghouse and collect data on the
management of water from ships with ballast tanks operating within the
U.S. Invasive species control would continue to be managed by State,
Federal and private organizations. The U.S. Coast Guard mandatory
ballast water management protocols will remain in place and all
vessels, foreign and domestic, equipped with ballast tanks operating in
U.S. Waters are required to comply.
(11) Existence of Significant Natural or Cultural Feature of Historical
Importance (40 CFR Sec. 228.6(a)(11))
The Environmental Impact Statements developed to support the
original designations described the location and types of areas and
features of natural or historical importance that were considered
during the site selection process. Exclusion areas, including buffer
zones, were documented during the original siting process. No known
significant natural or cultural features of historical importance were
identified in the vicinity of the ODMDSs. The 2020 EPA survey of the
proposed expanded CCSC and CCNW ODMDSs likewise indicated no known
significant natural or historical resources in the vicinity of the
sites and proposed expansion areas. The proposed expansion areas would
not affect any natural or cultural features of historical importance.
III. Environmental Statutory Review
a. National Environmental Policy Act
Section 102 of the National Environmental Policy Act of 1969, as
amended (NEPA), 42 U.S.C. 4321 to 4370f, requires federal agencies to
prepare an EIS for major federal actions significantly affecting the
quality of the human environment. EPA does not routinely apply NEPA to
designations of EPA ocean disposal sites under the MPRSA; courts have
recognized that the EPA's actions applying the MPRSA criteria and
procedural requirements are functionally equivalent to the procedures
applicable under NEPA. As a matter of policy, however, the EPA
documents its consideration of alternatives (as if NEPA applied) to
inform certain EPA regulatory actions, including actions under the
MPRSA.
The EPA developed a draft environmental assessment (DEA) for the
proposed expansion, the project alternatives, and the environmental
impacts of the expansion proposed, and alternatives considered, and in
functional and effective compliance with NEPA. The EPA has relied on
information from the original Final EIS documents prepared to support
the 1988 and 1989 designations of the CCNW ODMDS and the CCSC ODMDS,
respectively, in the development of this DEA.
b. Endangered Species Act and Marine Mammal Protection Act
In accordance with Section 7 of the Endangered Species Act, as
amended, and in consultation with the National Marine Fisheries Service
(NMFS) Southeast Regional Office, the EPA conducted an evaluation of
the threatened and endangered species that may occur in the CCSC and
CCNW ODMDS project areas. In a letter dated January 21, 2025, the EPA
determined that the proposed modification for expansion of the CCSC and
CCNW ODMDS boundaries is not likely to adversely affect any listed
species and will have no effect on critical habitat under NMFS's
jurisdiction. The NMFS concurred with the EPA's findings on January 28,
2025.
Additionally, the EPA compiled a current list of the threatened and
endangered species that are under the jurisdiction of the U.S. Fish and
Wildlife Service's (USFWS) Texas Coastal Ecological Services Field
Office and that may be affected by the Proposed Action. In an
evaluation dated March 21, 2025, the EPA determined that the proposed
modification for expansion of the CCSC and CCNW ODMDS boundaries will
have no effect on the listed species with one exception. The EPA
determined that the proposed modification is not likely to adversely
affect the federally-listed West Indian manatee. In a letter dated June
6, 2025, the USFWS concurred with the EPA's findings.
c. Magnuson-Stevens Fisheries Conservation and Management Act
The 1996 amendments to the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) require that each Federal
agency consult with NMFS for any action authorized, funded, or
undertaken, or proposed to be authorized, funded, or undertaken, by the
agency that may adversely affect any essential fish habitat (EFH)
identified under the Magnuson-Stevens Act. The EPA prepared an EFH
assessment dated March 13, 2025, and determined that the proposed
modification for expansion of the CCSC and CCNW ODMDS boundaries would
not have a substantial impact on EFH or federally managed fisheries in
the Gulf of America. The NMFS concurred with the EPA's findings on
March 25, 2025, and provided no conservation recommendations.
d. Coastal Zone Management Act
The Coastal Zone Management Act (CZMA) of 1972, as amended,
requires federal agencies proposing activities within or outside the
coastal zone to ensure that those activities are conducted in a manner
which is consistent to the maximum extent practicable with the
enforceable policies
[[Page 12131]]
of approved State coastal management programs. The Texas Coastal
Management Program (TCMP) was developed and approved by NOAA pursuant
to the requirements of the CZMA. The Texas General Land Office
administers the State program, including review of federal agency
actions in the Texas coastal zone that affect coastal natural resource
areas to ensure consistency with the enforceable policies of the TCMP.
The enforceable policy components of the TCMP are published in Title 31
of the Texas Administrative Code (TAC), Chapter 501, as amended. The
EPA is submitting to TCMP its Consistency Determination (CD),
documenting EPA's determination that the proposed site designation is
consistent to the maximum extent practicable with the enforceable
policies of the approved TCMP program (esp. the Coast Act, Chapter 501
policies) and is doing so concurrently with the public comment period
for the DEA. The EPA would defer final action on the proposed site
expansion until completion of the TCMP review and applicable CZMA
processes.
e. National Historic Preservation Act
Section 106 of the National Historic Preservation Act, 54 U.S.C.
306108, as amended, requires federal agencies to ``take into account''
the effect of agency actions on districts, sites, buildings,
structures, or objects significant in American history, architecture,
archaeology, engineering, and culture, included in, or eligible for
inclusion in the National Register of Historic Places. The EPA
determined during the original site designations (prior to the proposed
expansion) that no historic properties were affected or would be
affected by the designation of the CCSC and CCNW ODMDSs. In a letter to
the Texas Historical Commission dated March 20, 2025, the EPA
determined that the proposed modification for expansion of the existing
CCSC and CCNW ODMDS boundaries will likewise have no effect on historic
properties. In a letter dated August 8, 2025, the Texas Historical
Commission concurred with the EPA's findings.
IV. Statutory and Executive Order Reviews
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 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
b. Executive Order 14192, Unleashing Prosperity Through Deregulation
To the extent applicable, this action would be deregulatory within
the meaning Executive Order 14192. The site expansions under the
proposed rule increase cost-effective options for dredged material
management and increase operational certainty for regulated entities
using this MPRSA ocean site because it ensures sufficient dredged
material disposal capacity. Designating new ocean sites or modifying
existing ocean sites would not impose any additional administrative
costs on regulated entities. Ensuring adequate capacity for dredged
material disposal at the site would avoid costs otherwise associated
with dredged material transport and management practices (e.g.,
dewatering, damping, levee raises) required for alternative dredged
material management options (e.g., available dredged material placement
locations on land or in inland waters). Additionally, ensuring adequate
dredged material capacity would increase regulatory certainty
associated with project operations involving dredged material
management. Costs attributable to operational uncertainty, such as
those for insurance, evaluation of alternatives, etc. would be avoided.
Administrative costs of the proposed rule are expected to be outweighed
in magnitude by avoided costs to regulated entities.
c. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA.
d. Regulatory Flexibility Act (UMRA)
After considering the economic impacts of this rule, the EPA
determined that this action will not have a significant economic impact
on a substantial number of small entities.
e. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UNPA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments.
f. Executive Order 13132 Federalism
This action does not have federalism implications. It will not have
substantial effects on the states, on the relationship between the
national government and the states, or on the distribution of power and
responsibilities among the various levels of government.
g. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action. Consistent with the EPA Policy on Consultation and
Coordination with Indian Tribes, the EPA consulted with tribal
officials during the development of this action. A summary of that
consultation is provided in the DEA.
h. Executive Order 13045, Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045, because it
does not establish an environmental standard intended to mitigate
health or safety risks.
i. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
j. National Technology Transfer and Advancement Act (NTTAA)
This action includes environmental monitoring and measurement as
described in the updated SMMP. The EPA will not require the use of
specific, prescribed analytic methods for monitoring and managing the
modified CCSC and CCNW ODMDSs. The EPA plans to allow the use of any
method, whether it constitutes a voluntary consensus standard or not,
that meets the monitoring and measurement criteria discussed in the
SMMP.
k. Executive Order 13089, Coral Reef Protection
This order is not applicable to the Proposed Action. No coral
reefs, banks or other major physiographic features characterize the
shelf in the Corpus Christi area.
l. Executive Order 13112, Invasive Species
This action will not positively or negatively affect the status of
invasive species.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Dated: February 26, 2026.
Walter Mason,
Region 6 Regional Administrator, U.S. Environmental Protection Agency.
For the reasons set out in the preamble, the EPA proposes to amend
[[Page 12132]]
Chapter I, Title 40 of the Code of Federal Register as follows:
PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING
0
1. The authority citation for Part 228 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418
0
2. Section 228.15 is amended by revising paragraphs (j)(16)(i) through
(ii) to read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(j) * * *
(16) * * *
(i) Location: 27[deg]48'31.68'' N, 97[deg]00'24.12'' W;
27[deg]47'32.64'' N, 96[deg]58'40.44'' W; 27[deg]45'1.08'' N,
97[deg]00'32.04'' W; 27[deg]46'0.48'' N, 97[deg]02'19.32'' W (NAD83).
(ii) Size: 5.57 square nautical miles.
* * * * *
0
3. Section 228.15 is amended by revising paragraphs (j)(17)(i) through
(ii) to read as follows:
Sec. 228.15 Dumping sites designated on a final basis.
* * * * *
(j) * * *
(17) * * *
(i) Location: 27[deg]49'11.28'' N, 97[deg]01'9.84'' W;
27[deg]48'43.20'' N, 97[deg]00'22.32'' W; 27[deg]47'40.56'' N,
97[deg]01'9.12'' W; 27[deg]48'7.20'' N, 97[deg]01'56.64'' W (NAD83).
(ii) Size: 1.05 square nautical miles.
* * * * *
[FR Doc. 2026-04848 Filed 3-11-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on March 12, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.