Corpus Christi ODMDS Expansion: What EPA's Rule Changes

EPA has modified two ocean dredged material disposal sites (ODMDSs) offshore of Corpus Christi, Texas: the Corpus Christi Ship Channel (CCSC) ODMDS and the Corpus Christi New Work (CCNW) ODMDS. The rule, titled "Marine Protection: Modification To Expand Ocean Dredged Material Disposal Sites Offshore of Corpus Christi, Texas", appeared in the Federal Register on September 28, 2026 as document 2026-19745. EPA's summary says the modified sites are meant to serve the long-term need for locations to dispose of suitable material dredged from the Corpus Christi Bay area, and that they will be subject to monitoring and management to ensure continued protection of the marine environment.

The revised boundary coordinates, acreage, and effective date are in the DATES and SUPPLEMENTARY INFORMATION sections of that notice, and they are the figures to copy into bid documents and permit applications. The rest of this article covers what the rule does and does not do, the regulations behind it, and how a dredging project actually qualifies to use these sites.

What Does the Corpus Christi Rule Do?

The rule amends the list of EPA-designated ocean dredged material disposal sites. It takes two existing sites, CCSC and CCNW, and modifies them so they can accommodate suitable dredged material over the long term. Designated dredged material sites are listed in 40 CFR 228.15, and ocean dumping sites are designated by EPA through rulemaking under 40 CFR 228.4(a). That is why a change to a disposal area shows up as a Federal Register rule and not as a notice on a chart.

Three things the rule does not do matter just as much:

• It does not authorize any individual dredging project.
• It does not decide that any particular sediment is acceptable for ocean disposal.
• It does not relax the sediment testing requirements in 40 CFR Part 227.

The rule changes where suitable material may eventually go. Whether your material is suitable is still a project-level question.

How Does the Ocean Dumping Act Split Site Designation From Permitting?

The Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA), commonly called the Ocean Dumping Act, divides the work between two agencies. Under section 102(c) (33 U.S.C. 1412(c)), EPA designates the sites. Under section 103 (33 U.S.C. 1413), the Army Corps of Engineers issues permits for dredged material disposal, or authorizes its own projects, using EPA's criteria and subject to EPA review and concurrence.

The September 2026 rule sits entirely in the first column. A designated site is only a place where disposal may be permitted. It is not a permit.

Why Would EPA Modify an Existing Disposal Site?

In my view, the answer is almost always capacity and certainty. Channels fill back in, ports deepen them for larger vessels, and every project needs somewhere to put the sediment. When a site is too small or too constrained, projects slow down or shift to costlier alternatives.

The regulations give EPA a defined way to decide whether a site, or a larger version of it, is appropriate. The general criteria in 40 CFR 228.5 include limiting the size of a site so that adverse impacts can be localized and monitored. The specific factors EPA weighs are listed in 40 CFR 228.6(a), which sets out eleven considerations. Paraphrased, they include:

• Geographical position, depth of water, bottom topography, and distance from the coast
• Location relative to breeding, spawning, nursery, feeding, or passage areas of living resources
• Location relative to beaches and other amenity areas
• Types and quantities of waste and the proposed methods of release
• Feasibility of surveillance and monitoring
• Dispersal, transport, and mixing characteristics of the area
• Existence and effects of current and previous dumping in the area
• Interference with shipping, fishing, recreation, mineral extraction, and other legitimate uses of the ocean
• Existing water quality and ecology of the site
• Potential for the development or recruitment of nuisance species
• Existence of significant natural or cultural features of historical importance

Consult the regulation itself for the exact wording of each factor. A designation, including a modification, rests on EPA's finding that disposal at the site will not unreasonably degrade or endanger human health, welfare, the marine environment, or economic potentialities, and that finding is the legal basis for everything that follows.

What Monitoring and Management Comes With the Sites?

Monitoring is a statutory requirement, not just a line in the preamble. After the Water Resources Development Act of 1992 amended the MPRSA, section 102(c)(3) required that each designated dredged material disposal site have a Site Management and Monitoring Plan (SMMP), developed by EPA in consultation with the Corps. EPA's summary of the Corpus Christi rule states that the modified sites will be monitored and managed, which is the SMMP obligation at work.

SMMPs for ocean sites typically address:

1. Which materials and quantities the site can receive
2. Where and how material is placed, including any seasonal restrictions
3. Monitoring, usually bathymetric surveys and periodic sediment and biological checks
4. Reporting and recordkeeping that let EPA and the Corps confirm disposal followed the permit
5. Conditions under which management practices are adjusted

The takeaway I give clients is that a site designation is not permanent permission to dispose of anything. The plan can change as monitoring data come in, so the SMMP and your project-specific permit conditions, read together, are where your day-to-day obligations actually live. Get the current SMMP for each site from EPA Region 6 or the Corps Galveston District before you finalize a schedule.

How Does a Project Qualify to Use the Modified Sites?

A larger or reconfigured site makes room. A project still has to earn its place through a sequence like this.

Step 1: Confirm ocean disposal is justified

Ocean disposal is not the default. Subpart C of 40 CFR Part 227 addresses the need for ocean dumping, which includes looking at alternatives such as beneficial use, upland placement, and confined disposal. Sediment that could build habitat or protect shoreline may not belong in an ODMDS at all. Document the alternatives analysis carefully, because thin documentation invites requests for more information.

Step 2: Test the sediment

40 CFR 227.13 sets the criteria for deciding whether dredged material is suitable for ocean dumping. The technical framework most practitioners follow is EPA and the Corps' Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual (EPA-503/8-91/001, February 1991), known as the Green Book. It covers physical characterization, chemical analysis, toxicity testing, and bioaccumulation testing.

Build the sampling plan before the dredging schedule, not after. Laboratory work and Corps and EPA review take time, and a late result delays the whole project.

Step 3: Obtain Corps authorization with EPA concurrence

For non-federal projects, the Corps issues an MPRSA section 103 permit under 33 CFR Part 324. For its own projects, the Corps applies the same environmental criteria. In both cases EPA has a review and concurrence role under section 103.

Step 4: Line up the related approvals

Ocean disposal is rarely the only approval. Depending on the project, you may also need authorization under section 10 of the Rivers and Harbors Act, section 404 of the Clean Water Act, a Coastal Zone Management Act consistency determination, and consultations under the Endangered Species Act and for Essential Fish Habitat. Each runs on its own clock.

Step 5: Follow the site conditions during disposal

Disposal itself is operational: placing material inside the boundaries, keeping position and volume records, running required surveys, and reporting. Violating MPRSA permit conditions can bring civil penalties under section 105 (33 U.S.C. 1415), so put the conditions into the dredging contract and not only into the permit file.

What Should Compliance Teams Check Now?

I am not going to guess at project-level effects the rule does not state. What I can say is where the checks belong.

Effective dates matter here. The rule's own effective date controls when the revised site description takes effect, but your project timeline runs separately, on the schedule of Corps and EPA review of your sediment data.

Common Mistakes With ODMDS Changes

Treating capacity as a permit. The designation says where disposal is allowed in principle and says nothing about whether your sediment qualifies.

Using outdated coordinates. Boundaries that were correct last year may no longer be. Check navigation plans, bid documents, and positioning software against the amended description.

Ignoring the monitoring side. A project with good sediment data but no plan for surveys and reporting tends to get slowed down.

Skipping the alternatives analysis. The need determination and the Corps' look at beneficial use are not formalities.

A bigger site feels like fewer constraints, but the constraints have simply moved from the boundary into the management plan and permit conditions. The teams that handle this well read those documents early.

If you are working out how this rule fits into a specific project or your wider environmental compliance program, you can reach me through the Certify Consulting contact page.

Frequently Asked Questions

What did EPA change at the Corpus Christi disposal sites?

EPA modified two existing ocean dredged material disposal sites, the Corpus Christi Ship Channel (CCSC) ODMDS and the Corpus Christi New Work (CCNW) ODMDS, through a rule published September 28, 2026 (Federal Register document 2026-19745). The revised boundaries and effective date are in the notice.

Does the rule let me dispose of dredged material offshore of Corpus Christi?

Not by itself. The rule designates where suitable material may be placed. A project still needs sediment testing under 40 CFR Part 227, Corps authorization under MPRSA section 103, and EPA concurrence.

Who is responsible for monitoring the sites?

MPRSA section 102(c)(3) requires a Site Management and Monitoring Plan for each designated dredged material site, developed by EPA with the Corps. EPA's summary of the rule states that the modified sites will be monitored and managed.

Which testing manual applies to dredged material proposed for ocean disposal?

Practitioners generally follow the EPA and Corps testing manual Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual (EPA-503/8-91/001, February 1991), known as the Green Book, together with the criteria in 40 CFR 227.13.

Where do I find the new site coordinates and effective date?

Both are in the Federal Register notice, document 2026-19745, in the DATES and SUPPLEMENTARY INFORMATION sections. The designated sites are also listed in 40 CFR 228.15.

Last updated: 2026-10-01