Rule2026-19745
Marine Protection: Modification To Expand Ocean Dredged Material Disposal Sites Offshore of Corpus Christi, Texas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 28, 2026
Effective
October 28, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is issuing a rule that modifies the existing 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 186 (Monday, September 28, 2026)</title>
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[Federal Register Volume 91, Number 186 (Monday, September 28, 2026)]
[Rules and Regulations]
[Pages 61138-61144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19745]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[EPA-R06-OW-2025-3359; FRL 13119-02-R6]
Marine Protection: Modification To Expand Ocean Dredged Material
Disposal Sites Offshore of Corpus Christi, Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is issuing a rule
that modifies the existing 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: The final rule is effective on October 28, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R06-OW-2025-3359. All documents in the docket are listed
on the Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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#0b616a687a7e6e78257c6e656f724b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="167c77756763736538617378726f5673667738717960">[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:
Table of Contents
I. Potentially Affected Persons
II. Background
III. Environmental Statutory Review
IV. Response to Comments
V. 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 to dispose of dredged material into
ocean waters pursuant to the Marine Protection, Research and
Sanctuaries Act (MPRSA) (See 33 U.S.C. 1401 et seq). The EPA's action
is therefore relevant to persons, 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:
------------------------------------------------------------------------
Examples of potentially
Category regulated persons
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
The table above 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.
[[Page 61139]]
II. Background
A. History of Disposal Sites Offshore of Corpus Christi, Texas
Dredged material was first disposed at the Corpus Christi Ship
Channel Ocean Dredged Material Disposal Site (CSC ODMDS) location in
1969, prior to the enactment of the Marine Protection, Research and
Sanctuaries Act (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 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 CCSC
ODMDS.
The existing Corpus Christi New Work (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 EPA is modifying 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 the expanded sites. Note
that the EPA's modification of the existing site boundaries does not
approve of the disposal of dredged material from any specific project
at the sites. Before any person can ocean dump dredged material at the
CCSC ODMDS or CCNW ODMDS, the EPA and USACE must evaluate the dredged
material from the project according to the marine protection criteria
at 40 CFR part 227, and USACE must authorize the disposal under section
103 of the MPRSA (See 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 Modified CCSC and CCNW ODMDSs
Depths of the modified ODMDSs range from 35 to 55 feet of water,
and the modified ODMDSs are located between 1.7 nautical miles (nmi)
and 2.7 nmi offshore. With this action, the EPA expands the existing
CCSC ODMDS 0.5 nmi to the southwest from an area of 0.61 nmi\2\ to 1.05
nmi\2\. Additionally, the EPA expands the existing CCNW ODMDS 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\.
Modified CCSC ODMDS Coordinates (North American Datum of 1983 (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; and
Southwest 27[deg]48'7.20'' N, 97[deg]01'56.64'' W
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; and
Southwest 27[deg]46'0.48'' N, 97[deg]02'19.32'' W
The modification of the existing ODMDSs provides 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 minimizes physical
impacts over time.
C. Management and Monitoring of the Sites
The 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
modified ODMDSs. Under MPRSA section 102(c)(3) and its implementing
regulations, the EPA is responsible for the management of all ocean
disposal sites designated under the MPRSA (See 40 CFR 228.3(b)).
Management of the ocean 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 will be maintained
according to a Site Management and Monitoring Plan (SMMP) specifying
adaptive management provisions to ensure that significant environmental
impacts do not occur within the sites and adjacent areas. The EPA
provides the updated SMMP for the modified ODMDSs with the
environmental assessment (EA) in the rulemaking docket. These documents
are also 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
the CCSC or CCNW ODMDSs will 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 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 at 40 CFR part 228, to
determine whether the site designations satisfy those criteria. The
EPA's EA provides an extensive evaluation of the criteria and other
related factors for the modification of the existing ODMDSs.
General Criteria (40 CFR 228.5)
(a) Sites must be selected to minimize interference with other
activities in the
[[Page 61140]]
marine environment, particularly avoiding areas of existing fisheries
or shellfisheries, and regions of heavy commercial or recreational
navigation (40 CFR 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 designations 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 228.5(b)).
The modified ODMDSs will 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 new
work material is not expected to have any long-term adverse impact on
water quality. The existing ODMDSs and 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 228.5(d)).
When determining the size of the modified 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 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 accuracy. 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 each of the sites
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 228.5(e)).
The existing and modified 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 modified 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 228.6(a)(1)).
The modified CCSC ODMDS boundary is located approximately 1.7 nmi
offshore in water depths of approximately 35 to 50 feet. The modified
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 228.6(a)(2)).
The modified CCSC and CCNW ODMDSs provide feeding and breeding
areas for common resident benthic 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 modified ODMDSs 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
228.6(a)(3)).
The modified CCSC ODMDS is located approximately 1.7 nmi from the
nearest beach or amenity area. The modified 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
modified ODMDS boundaries.
(4) Types and quantities of disposal, and proposed methods of
release (40 CFR 228.6(a)(4)).
The Corpus Christi Ship Channel Improvement Project (CCSCIP)
generated approximately 41 million cubic yards (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,
[[Page 61141]]
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 modified 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
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
228.6(a)(5)).
Both the modified CCSC and CCNW ODMDSs will 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 will 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.
(6) Dispersal, horizontal transport and vertical mixing
characteristics of the area, including prevailing current direction and
velocity (40 CFR 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 modified 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
modified sites in the future.
(7) Existence and effects of current and previous discharges and
dumping in the area (including cumulative effects) (40 CFR
228.6(a)(7)).
The EPA is responsible for ODMDS 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
its 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 CCSC and CCNW ODMDSs
and proposed expansion areas 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 modified 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 contaminated and are likely to remain acceptable for
ocean dumping.
(8) Interference with shipping, fishing, recreation. . .and other
legitimate uses of the ocean (40 CFR 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 modified 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
228.6(a)(9)).
According to the 2024 Texas Integrated Report, the existing and
modified 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 modified sites, have
been identified based on previous monitoring and none are expected.
(10) Potential for the development or recruitment of nuisance
species (40 CFR 228.6(a)(10)).
Vessels traveling between multiple distant ports can facilitate
nuisance species transfer through the uptake and discharge of ballast
water, as well as through biofouling (and associated cleaning) of
vessel hulls and appendages. Both the EPA and the U.S. Coast Guard
administer requirements for ballast water discharges and biofouling
management that apply to vessels operating in U.S. waters. These
requirements are unaffected by the action. The U.S. Coast Guard and the
Smithsonian Environmental Research
[[Page 61142]]
Center also jointly operate the National Ballast Information
Clearinghouse, which collects and analyzes ballast water management
data from vessels. Moreover, nuisance species control would continue to
be managed by State, Federal and private organizations.
(11) Existence of Significant Natural or Cultural Feature of
Historical Importance (40 CFR 228.6(a)(11)).
The Environmental Impact Statements (EISs) 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
CCSC and CCNW ODMDSs and proposed expansion areas likewise indicated no
known significant natural or historical resources in the vicinity. The
modified ODMDSs 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 through 4370f, requires Federal agencies
to prepare an EIS for major Federal actions significantly affecting the
quality of the human environment. The EPA is not required to apply NEPA
to designations of MPRSA ocean disposal sites; 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 certain actions under the MPRSA.
The EPA developed an EA for the site modifications which addressed
project alternatives and environmental impacts of the expansion, 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 EA.
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 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 action. In an evaluation dated
March 21, 2025, the EPA determined that the 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 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 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 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 submitted to TCMP a Consistency Determination,
documenting EPA's determination that the site modifications are
consistent to the maximum extent practicable with the enforceable
policies of the approved TCMP program (esp. the Coast Act, Chapter 501
policies). In a letter dated April 21, 2026, the Texas GLO concurred
with the EPA's findings.
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
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 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. Response to Comments on the Proposed Rule, Draft EA and Draft SMMP
The EPA published the proposed rule, the draft EA, and the draft
SMMP for a 30-day public comment period on March 12, 2026, and accepted
comments until April 13, 2026 (91 FR 12126, March 12, 2026). The
documents were available at <a href="http://www.regulations.gov">www.regulations.gov</a> (Docket ID No. EPA-R06-
OW-2025-3359) and 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>.
The EPA received discrete comments from eight commenters. The full
comments and the EPA's responses are
[[Page 61143]]
included in Appendix E to the Final EA and are summarized below. No
substantive changes were made to the final documents based on the
comments received.
One commenter expressed concern over solid contaminants,
specifically plastic pellets, in dredged material placed in the ODMDSs.
The proposal, however, only addressed expansion of an available ocean
disposal location (that will be monitored to assess future effects),
and would not have authorized any actual dredged material disposal. Any
such authorization to place any material into the site does not occur
until a separate, later proceeding conducted by the USACE. Therefore,
the comment is beyond the scope of the action. Plastics in dredged
materials are a contaminant of emerging concern, though environmental
criteria specific to gross plastics are not presently available. The
MPRSA assessment framework does, however, incorporate biological
assessments (bioassays) of dredged material to determine its
suitability for ocean disposal. Bioassays measure acute toxicity and
larval development using test organisms of representative species to
assess the combined toxic effects of contaminant mixtures in whole
dredged material samples.
One commenter supported the expansion of the sites but raised
concerns about the resuspension of old sediments contaminated with
heavy metals. The EPA responded that a 2020 baseline characterization
survey of the ODMDSs and expansion areas, which included an assessment
of certain heavy metals, found no significant contaminant loading and
no adverse impacts related to the sediment chemistry from previous
dredged material disposal
One commenter expressed concern that the proposed rule de-
emphasized the environmental impacts of dredged material disposal as
``temporary, minor, and insignificant'' and that the characterization
is contradicted by statements in the draft EA about the consideration
of alternatives that would have ``less adverse environmental impact''
on the aquatic environment. The EPA explained that both statements are
accurate based on: (1) the benign nature of material assessed to be
suitable for ocean disposal; and (2) the MPRSA requirement to consider
land-based disposal alternatives.
One commenter questioned whether the dredged material will be
tested. The EPA explained that all dredged material considered for
ocean disposal is evaluated, and if necessary, tested for compliance
with the ocean dumping criteria defined at 40 CFR part 227. Some
material is excluded from analytical testing requirements, for example,
material composed predominantly of sand, gravel, or rock that is found
in areas of high current or wave energy.
One commenter expressed opposition to the site expansions citing
concerns that the expansions would increase the difficulty and expenses
required to monitor the ocean disposal sites. The EPA responded by
clarifying the need for the site expansions, explained why the EPA does
not expect the increases in site area to significantly increase the
difficulty nor expense required to monitor the sites, and confirmed
that site monitoring over the past 50 years indicates no significant
adverse impacts from dredged material disposal.
One commenter expressed opposition to ocean disposal of dredged
material generally and urged landfill disposal. The comment is beyond
the scope of the proposal (which did not purport to authorize disposal
itself) but the EPA explained that the MPRSA requires that any
authorization of dredged material disposal in the ocean requires prior
consideration of the need for ocean disposal and consideration of land-
based alternatives.
One commenter expressed general opposition to expansion of the port
and its costs, rather than the disposal sites. The comment is beyond
the scope of the proposal, which only indirectly relates to any port
expansion in that the site expansion will accommodate the capacity
needs for material from future maintenance dredging at a location that
will be monitored over time.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
a. Executive Order 12866, Regulatory Planning and Review and
Executive Order 13563, Improving Regulation and Regulatory Review (58
FR 51735, October 4, 1993);
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 (90 FR 9065, February 6, 2025);
This action is not an Executive Order 14192 regulatory action.
c. Paperwork Reduction Act (PRA) (44 U.S.C. 3501et seq.);
This action does not impose an information collection burden under
the PRA.
d. Regulatory Flexibility Act (UMRA) (5 U.S.C. 601et seq.);
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) (Pub. L. 104-4);
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments.
f. Executive Order 13132 Federalism (64 FR 43255, August 10, 1999);
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 (65 FR 67249, November 9, 2000);
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 EA.
h. Executive Order 13045, Protection of Children from Environmental
Health and Safety Risks (62 FR 19885, April 23, 1997);
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 (66 FR 28355, May 22, 2001);
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) (15
U.S.C. 272 note);
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.
[[Page 61144]]
k. Executive Order 13089, Coral Reef Protection (63 FR 32701, June
16, 1998); and
This order is not applicable to this action. No coral reefs, banks
or other major physiographic features characterize the shelf in the
Corpus Christi area.
l. Executive Order 13112, Invasive Species (64 FR 6183, February 8,
1999)
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: September 14, 2026.
Walter Mason,
Regional Administrator, Region 6, U.S. Environmental Protection Agency.
For the reasons set out in the preamble, the EPA amends part 228 of
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. Amend Sec. 228.15 by:
0
a. Revising paragraphs (j)(16)(i) and (ii); and
0
b. Revising paragraphs (j)(17)(i) and (ii).
The revisions 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.
* * * * *
(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. 2026-19745 Filed 9-25-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 28, 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.