Marine Protection: Modification to Expand Ocean Dredged Material Disposal Sites Offshore of Corpus Christi, TX

Marine Protection: Modification To Expand Ocean Dredged Material Disposal Sites Offshore of Corpus Christi, Texas

DATES:

Written comments must be received April 13, 2026.

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 https://www.epa.gov/marine-protection-permitting/marine-protection-permitting-epa-region-6.

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, 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:

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°49′11.28″ N, 97°01′9.84″ W

Northeast 27°48′43.20″ N, 97°00′22.32″ W

Southeast 27°47′40.56″ N, 97°01′9.12″ W

Southwest 27°48′7.20″ N, 97°01′56.64″ W

Proposed Modified CCNW ODMDS Coordinates (NAD83)

Northwest 27°48′31.68″ N, 97°00′24.12″ W

Northeast 27°47′32.64″ N, 96°58′40.44″ W

Southeast 27°45′1.08″ N, 97°00′32.04″ W

Southwest 27°46′0.48″ N, 97°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 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: https://www.epa.gov/marine-protection-permitting/marine-protection-permitting-epa-region-6. 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 § 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 § 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 § 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 § 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 § 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 § 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 § 228.6(a)(2))

The existing 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 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 § 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 § 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 § 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 § 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 § 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 contaminated and 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 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 § 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 § 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 § 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 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.

For the reasons set out in the preamble, the EPA proposes to amend Chapter I, Title 40 of the Code of Federal Register as follows:

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

* * * * *

(j) * * *

(16) * * *

(i) Location: 27°48′31.68″ N, 97°00′24.12″ W; 27°47′32.64″ N, 96°58′40.44″ W; 27°45′1.08″ N, 97°00′32.04″ W; 27°46′0.48″ N, 97°02′19.32″ W (NAD83).

(ii) Size: 5.57 square nautical miles.

* * * * *

* * * * *

(j) * * *

(17) * * *

(i) Location: 27°49′11.28″ N, 97°01′9.84″ W; 27°48′43.20″ N, 97°00′22.32″ W; 27°47′40.56″ N, 97°01′9.12″ W; 27°48′7.20″ N, 97°01′56.64″ W (NAD83).

(ii) Size: 1.05 square nautical miles.

* * * * *

[FR Doc. 2026-04848 Filed 3-11-26; 8:45 am]

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