[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Rules and Regulations]
[Pages 74983-74987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28842]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 220, 221, 222, 223, 224, 227, and 228
[FRL-8748-4]
RIN 2040-AF01
Repeal of Obsolete Regulations Under the Marine Protection,
Research, and Sanctuaries Act Regarding Interim Ocean Dumping Sites,
Interim Ocean Dumping Permits, and Interim Ocean Dumping Criteria
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to repeal expired, and therefore,
obsolete regulatory provisions regarding interim ocean dumping sites,
interim ocean dumping permits, and interim ocean dumping criteria.
Repeal of all reference to ``interim'' provisions is necessary based on
legislation enacted since promulgation of the reference, EPA action
since promulgation of the reference, or the passage of a date specified
in a definition of the reference. This action does not make any
substantive changes to EPA's ocean dumping regulations. This is a
housekeeping measure intended only to eliminate confusion by repealing
obsolete regulatory text.
DATES: This rule is effective on January 9, 2009.
FOR FURTHER INFORMATION CONTACT: David Redford, Oceans and Coastal
Protection Division, Office of Wetlands, Oceans, and Watersheds, 4504T,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 202-566-1288; fax number: 202-
566-1546; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Overview
Amendments enacted in 1992 to the Marine Protection, Research, and
Sanctuaries Act (MPRSA) require that no permits for ocean dumping shall
be issued for an EPA-established ocean dumping site after January 1,
1997, unless the site has received a final designation; therefore,
interim ocean dumping sites that have not received a final designation
are no longer available for use. Under EPA regulations, the authority
to issue interim ocean dumping permits expired on April 23, 1978, and
interim permits are no longer issued. Under EPA regulations, interim
criteria for constituents prohibited as other than trace contaminants
in material proposed for ocean dumping, as well as interim guidance
used to determine the limiting permissible concentration for the
suspended particulate and solid phases of the material proposed to be
dumped, were applicable only until EPA announced the availability of
acceptable procedures to evaluate materials for ocean dumping. On April
4, 1991, EPA and the U.S. Army Corps of Engineers announced the
availability of a testing manual for dredged material entitled
``Evaluation of Dredged Material Proposed for Ocean Disposal--Testing
Manual,'' which revised the 1977 EPA/U.S. Army Corps of Engineers
document, ``Ecological Evaluation of Proposed Discharge of Dredged
Material into Ocean Waters.'' In addition, EPA published ``Bioassay
Procedures for the Ocean Disposal Permit Program,'' which outlines
acceptable procedures for non-dredged material.
II. Background
A. Potentially Affected Entities
Generally, ocean dumping sites and permits are used by persons,
organizations, or government bodies seeking to dispose of dredged
material or other material in ocean waters. However, there are no
regulated entities potentially affected by this action, because all of
the regulatory provisions being repealed have expired, and therefore,
have become obsolete (see Section III below). Nothing in this action
alters the jurisdiction or authority of EPA or the entities regulated
under the Marine Protection, Research, and Sanctuaries Act.
B. Marine Protection, Research, and Sanctuaries Act
The Marine Protection, Research, and Sanctuaries Act of 1972, as
amended, also known as the Ocean Dumping Act, regulates the
transportation and dumping of material into ocean waters. Under the
MPRSA, no permit may be issued for ocean dumping where such dumping
will unreasonably degrade or endanger human health or the marine
environment. Most material ocean dumped today is dredged material
(i.e., sediments) removed from the bottom of water bodies to maintain
navigation channels and berthing areas. Other materials that are
currently disposed of in the ocean include fish wastes, human remains,
and vessels.
Ocean dumping cannot occur except pursuant to a permit under the
MPRSA and its implementing regulations. The U.S. Army Corps of
Engineers (USACE) issues permits for dumping dredged material in the
ocean, using EPA's environmental criteria and subject to EPA's
concurrence. For all other materials, EPA is the permitting agency. EPA
also is responsible for designating recommended ocean dumping sites for
all types of materials, including dredged material. EPA's ocean dumping
regulations at 40 CFR Part 228 establish procedures for the designation
and management of ocean disposal sites and list the available EPA-
designated ocean dumping sites by EPA Region (40 CFR 228.15).
C. Interim Ocean Dumping Sites, Permits, Criteria, and Guidance
When EPA originally promulgated the ocean dumping regulations in
the 1970's, the Agency made provisions for interim ocean dumping sites,
interim ocean dumping permits, and interim ocean dumping criteria.
These interim provisions were designed to be temporary measures that
would expire under certain conditions, primarily when final sites were
designated and criteria were established. As described in Section III
below, all provisions related to interim ocean dumping sites, interim
permits, interim criteria, and interim guidance have expired and are
therefore obsolete.
[[Page 74984]]
III. This Final Rule
This final rule repeals expired and therefore obsolete regulatory
references to interim ocean dumping sites, interim ocean dumping
permits, interim ocean dumping criteria, and interim guidance. This
rule does not make any substantive changes to EPA's ocean dumping
regulations. This is a housekeeping measure intended only to eliminate
confusion by repealing obsolete regulatory text.
A. Interim Ocean Dumping Sites
After the enactment of the MPRSA in 1972, EPA designated interim
ocean dumping sites prior to the completion of environmental studies on
the basis of historical uses. These ``interim'' designations were
intended to facilitate a smooth transition to regulation under the
MPRSA and to allow time for the necessary environmental studies to be
completed. Once the necessary environmental studies were performed,
many of the interim sites were designated by EPA as final designated
sites if the sites met the MPRSA regulatory environmental criteria.
Although EPA published the interim sites list when the Agency proposed
the ocean dumping criteria in 1973, EPA did not publish the interim
sites list in a separate regulation until 1977. In 1994, EPA codified
the interim site list at 40 CFR 228.14.
Initially, the 1977 regulations stated ``the list of interim sites
will remain in force for a period not to exceed three years from the
date of promulgation of this Part 228, except for those sites approved
for continuing use or disapproved for use by promulgation in this
Part.'' After a series of extensions to the expiration requirements for
interim site designations, Congress amended the MPRSA in 1992 to
require that no permits for ocean dumping shall be issued for an ocean
dumping site after January 1, 1997, unless the site had received a
final designation (section 506 of the Water Resources Development Act
of 1992; codified at 33 U.S.C. 1412(c)(4)). In other words, ocean
dumping permits could no longer be issued for interim dumping sites
after January 1, 1997. Today's action repeals the list of interim ocean
dumping sites found at 40 CFR 228.14, as well as the regulatory
references to interim ocean dumping sites found at 40 CFR 228.2(a),
228.3(b), 228.4(b), and 228.5(c).
The 1992 MPRSA amendments that abolished interim ocean dumping
sites, as well as subsequent amendments to the MPRSA, expressly
retained the authority of EPA and the U.S. Army Corps of Engineers to
issue permits for use of a specific interim dredged material ocean
dumping site near Newport Beach, California (known as ``LA-3'') beyond
the 1997 deadline pending final site designation. Because EPA
promulgated a final site designation for the LA-3 site (70 FR 53729),
the interim site designation for LA-3 is unnecessary and has become
moot. Today, EPA repeals the interim site designation for LA-3 along
with the other interim site designations. Today's action does not
prevent the U.S. Army Corps of Engineers, however, from using any site
as an ``alternative site'' for the disposal of dredged material subject
to the provisions of MPRSA section 103(b) even if that alternative site
also had been designated previously as an interim site. Similarly,
today's action does not preclude the use of any site designed for use
at 40 CFR 227.15, even if that site had also been designated as an
interim site previously.
B. Interim Ocean Dumping Permits
In 1977, EPA promulgated regulations establishing five types of
ocean dumping permits: Special, general, interim, research, and
emergency (42 FR 2468; 40 CFR 220.3). Under these regulations, interim
permits could be issued prior to April 23, 1978, for the dumping of
materials that did not comply with the environmental impact criteria
published at 40 CFR part 227, subpart B, or that would have caused
substantial adverse effects as determined in accordance with the
criteria published at 40 CFR part 227, subparts D or E, or for which an
ocean disposal site had not been designated on other than an interim
basis (40 CFR 220.3(d)). EPA Regional Administrators had the discretion
to exempt existing site users from the April 23, 1978, interim permit
issuance deadline. The 1977 regulations also included an implementation
schedule to allow phasing out of interim ocean dumping permits or
compliance with all requirements necessary to receive a special permit
by December 31, 1981, at the latest. Consequently, under certain
circumstances, the Regional Administrators could only extend the
deadline to December 31, 1981. Interim permits were required to specify
an expiration date no later than one year from issuance.
The regulatory provisions regarding interim permits are expired and
therefore obsolete. The authority to issue interim permits lapsed over
30 years ago. Any interim permit issued has long since expired. This
action repeals the obsolete regulatory provisions regarding interim
ocean dumping permits found in the 40 CFR parts 220, 221, 222, 223,
224, 227 (especially subpart F), and 228.
C. Interim Ocean Dumping Criteria and Interim Guidance on Test
Procedures
EPA promulgated ``interim criteria'' for constituents prohibited as
other than trace contaminants in material proposed for ocean dumping
(40 CFR 227.6(e)) in 1977. At that time, EPA and the Army Corps of
Engineers had not yet completed the development of acceptable bioassay
procedures to determine if material proposed for ocean dumping would
cause unacceptable toxicity or bioaccumulation under 40 CFR 227.6(c)(2)
and (3). The interim criteria allowed the use of numerical constituent
levels for suspended particulate and solid phases of the material
proposed for dumping until EPA announced the availability of acceptable
bioassay procedures to implement the criteria found at 40 CFR
227.6(c)(2) and (3).
The regulations contain another ``interim'' reference relevant to
the bioassay test procedures. A footnote to the regulation at 40 CFR
227.27(b) explains that EPA and the Army Corps of Engineers would
develop an implementation manual regarding the use of bioassays to
determine the limiting permissible concentration for the suspended
particulate and solid phases of the material proposed to be dumped, and
that announcement of the availability of the manual would be published
in the Federal Register. The footnote explained how to obtain ``interim
guidance'' on appropriate procedures until the manual was available.
EPA is deleting the footnote because the manual has since been made
available in the Federal Register. 56 FR 13826. That document, entitled
``Evaluation of Dredged Material Proposed for Ocean Disposal--Testing
Manual,'' revised the interim guidance (published in 1977) called
``Ecological Evaluation of Proposed Discharge of Dredged Material into
Ocean Waters.''
In addition to the jointly developed implementation manual relevant
to the testing of dredged material, EPA also has developed a guidance
manual for the testing of non-dredged material called ``Bioassay
Procedures for the Ocean Disposal Permit Program.'' In publishing a
1980 final rule promulgating guidelines under the Clean Water Act
section 403(c) (45 FR 65942), EPA explained that this guidance document
was to be used to demonstrate that a discharge would not exceed the
limiting permissible concentration for non-dredged material. EPA noted
the availability of this
[[Page 74985]]
document again in 1996, in a proposed rule that clarified certain
provisions of the Agency's ocean dumping regulations relating to
requirements for bioassay testing. 61 FR 7765, 7767.
Because EPA has previously announced the availability of acceptable
procedures to implement the criteria found at 40 CFR 227.6(c)(2) and
(3), today's action repeals the obsolete regulatory provisions
regarding interim ocean dumping criteria found in 40 CFR 227.6(e). For
the same reason, the footnote to 40 CFR 227.27(b) and its reference to
``interim guidance'' have become obsolete and EPA is removing the
footnote today. EPA is also removing the final clause of Sec.
227.27(d) because the reference to ``interim guidance'' is no longer
necessary.
IV. Statutory and Executive Order Reviews
A. Administrative Procedure Act
Under the Administrative Procedure Act (APA), agencies generally
are required to publish a notice of proposed rulemaking and provide an
opportunity for the public to comment on any substantive rulemaking
action. Prior notice and comment is not required, however, when the
agency for good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest. 5 U.S.C. 553(b)(B).
EPA has determined that providing prior notice and opportunity for
comment on the repeal of obsolete regulatory provisions from the Code
of Federal Regulations regarding interim ocean dumping sites, interim
ocean dumping permits, interim ocean dumping criteria, and interim
guidance is unnecessary. The interim authority by which interim sites
could be used expired in January 1997 according to Section 506 of the
Water Resources Development Act of 1992, which rendered the regulatory
references obsolete. The authority to issue interim permits and the
authority for existing dumpers to use interim permits, lapsed over
thirty years ago. The interim criteria became obsolete after EPA
announced the availability of implementation manuals for the final
criteria. The interim guidance identified in the footnote became
obsolete for the same reason. Thus, withdrawing the regulatory
references to interim sites, interim permits, interim criteria, and
interim guidance from the Code of Federal Regulations has no legal
impact and merely codifies the current legal status quo.
B. Paperwork Reduction Act
This final rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Burden is defined at 5 CFR 1320.3(b). This is because it merely
conforms the published regulatory text with current legal requirements,
as explained above. It does not establish or modify any information
reporting, or recordkeeping requirements, and therefore is not subject
to the requirements of the Paperwork Reduction Act.
C. Other Statutes and Executive Orders
This rule does not establish any new requirements, mandates, or
procedures. As explained above, this final action merely repeals
obsolete regulations regarding interim ocean dumping sites, interim
ocean dumping permits, interim ocean dumping criteria, and interim
guidance. This rule is a housekeeping measure to remove these obsolete
provisions from the Code of Federal Regulations. The rule does not
result in any additional or new regulatory requirements. Accordingly,
it has been determined that this rule is not a ``significant regulatory
action'' under Executive Order 12866, and therefore is not subject to
review by the Office of Management and Budget. In addition, this action
does not impose any enforceable duty, contain any unfunded mandate, or
impose any significant or unique impact on small governments as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not impose any federalism requirements or require
prior consultation with tribal government officials as specified by
Executive Order 13132 (64 FR 43255) or Executive Order 13175 (65 FR
67249). This rule does not involve special consideration of
environmental justice-related issues as required by Executive Order
12898 (59 FR 7629). This rule is not subject to Executive Order 13211
(66 FR 28355) because it is not a significant regulatory action under
Executive Order 12866. Because this action is not subject to notice-
and-comment requirements under the APA or any other statute, and
because it does not impose any new requirements on small entities, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) This rule is not
subject to Executive Order 13045 (62 FR 19885) because it is not
economically significant as defined under Executive Order 12866.
Because this rule does not involve technical standards, EPA did not
consider the use of any voluntary consensus standards. Therefore, this
rule is not subject to section 12(d) of the National Technology
Transfer and Advancement Act of 1995, Public Law 104-113, section 12(d)
(15 U.S.C. 272 note). Further, this rule is not subject to Executive
Order 13045 because it does not establish an environmental standard
intended to mitigate health or safety risks.
The Congressional Review Act (CRA), 5 U.S.C. 801 et seq. as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons stated, and established an effective date of January 9,
2009. Therefore, EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this rule in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 220
Environmental protection, Water pollution control.
40 CFR Parts 221, 222, and 223
Administrative practice and procedure, Environmental protection,
Water pollution control.
40 CFR Part 224
Environmental protection, Reporting and recordkeeping requirements,
Water pollution control.
40 CFR Part 227
Environmental protection, Environmental impact statements, Water
pollution control.
40 CFR Part 228
Environmental protection, Water pollution control.
[[Page 74986]]
Dated: November 26, 2008.
Benjamin H. Grumbles,
Assistant Administrator for Water.
0
In consideration of the foregoing, Subchapter H of chapter I of title
40 is amended as follows:
PART 220--[AMENDED]
0
1. The authority citation for part 220 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
2. Amend Sec. 220.3 as follows:
0
a. By revising the introductory text.
0
b. By removing and reserving paragraph (d).
0
c. By revising paragraph (f).
Sec. 220.3 Categories of permits.
This Sec. 220.3 provides for the issuance of general, special,
emergency, and research permits for ocean dumping under section 102 of
the Act.
* * * * *
(f) Permits for incineration at sea. Permits for incineration of
wastes at sea will be issued only as research permits until specific
criteria to regulate this type of disposal are promulgated, except in
those cases where studies on the waste, the incineration method and
vessel, and the site have been conducted and the site has been
designated for incineration at sea in accordance with the procedures of
Sec. 228.4(b) of this chapter. In all other respects the requirements
of parts 220 through 228 apply.
0
3. Amend Sec. 220.4 by revising paragraph (a) and paragraph (b)
introductory text to read as follows:
Sec. 220.4 Authorities to issue permits.
(a) Determination by Administrator. The Administrator, or such
other EPA employee as he may from time to time designate in writing,
shall issue, deny, modify, revoke, suspend, impose conditions on,
initiate and carry out enforcement activities and take any and all
other actions necessary or proper and permitted by law with respect to
general, special, emergency, or research permits.
(b) Authority delegated to Regional Administrators. Regional
Administrators, or such other EPA employees as they may from time to
time designate in writing, are delegated the authority to issue, deny,
modify, revoke, suspend, impose conditions on, initiate and carry out
enforcement activities, and take any and all other actions necessary or
proper and permitted by law with respect to special permits for:
* * * * *
PART 221--[AMENDED]
0
4. The authority citation for part 221 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
5. Amend Sec. 221.1 by revising the introductory text to read as
follows:
Sec. 221.1 Applications for permits.
Applications for general, special, emergency, and research permits
under section 102 of the Act may be filed with the Administrator or the
appropriate Regional Administrator, as the case may be, authorized by
Sec. 220.4 of this chapter to act on the application. Applications
shall be made in writing and shall contain, in addition to any other
material which may be required, the following:
* * * * *
PART 222--[AMENDED]
0
6. The authority citation for part 222 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
7. Revise Sec. 222.1 to read as follows:
Sec. 221.1 General.
Decisions as to the issuance, denial, or imposition of conditions
on general, special, emergency, and research permits under section 102
of the Act will be made by application of the criteria of parts 227 and
228 of this chapter. Final action on any application for a permit will,
to the extent practicable, be taken within 180 days from the date a
complete application is filed.
0
8. Amend Sec. 222.3 by revising paragraphs (a) introductory text and
(b)(1) introductory text as follows:
Sec. 222.3 Notice of applications.
(a) Contents. Notice of every complete application for a general,
special, emergency and research permit shall, in addition to any other
material, include the following:
* * * * *
(b) * * * (1) Special and research permits. Notice of every
complete application for special and research permits shall be given
by:
* * * * *
PART 223--[AMENDED]
0
9. The authority citation for part 223 continues to read as follows:
Authority: Secs. 102, 104, 107, 108, Marine Protection Research,
and Sanctuaries Act of 1972, as amended (33 U.S.C. 1412, 1414, 1417,
1418).
0
10. Amend Sec. 223.1 as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (a) introductory text.
0
c. By removing and reserving paragraph (c).
Sec. 223.1 Contents of special, emergency, general, and research
permits; posting requirements.
(a) All special, emergency and research permits shall be displayed
on the vessel engaged in dumping and shall include the following:
* * * * *
0
11. Amend Sec. 223.3 by revising paragraph (a) introductory text to
read as follows:
Sec. 223.3 Preliminary determination; notice.
(a) General. Any general, special, emergency, or research permit
issued pursuant to section 102 of the Act shall be subject to revision,
revocation or limitation, in whole or in part, as the result of a
determination by the Administrator or Regional Administrator that:
* * * * *
PART 224--[AMENDED]
0
12. The authority citation for part 224 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
13. Amend Sec. 224.1 by revising the introductory text to read as
follows:
Sec. 224.1 Records of permittees.
Each permittee named in a special, emergency or research permit
under section 102 of the Act and each person availing himself of the
privilege conferred by a general permit, shall maintain complete
records of the following information, which will be available for
inspection by the Administrator, Regional Administrator, the Commandant
of the U.S. Coast Guard, or their respective designees:
* * * * *
PART 227--[AMENDED]
0
14. The authority citation for part 227 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
Subpart A--[Amended]
0
15. Amend Sec. 227.2 by revising paragraph (b) to read as follows:
Sec. 227.2 Materials which satisfy the environmental impact criteria
of subpart B.
* * * * *
(b) If the material proposed for ocean dumping satisfies the
environmental impact criteria set forth in subpart B, but the
Administrator or the Regional
[[Page 74987]]
Administrator, as the case may be, determines that any one of the
considerations set forth in paragraph (a)(1), (2) or (3) of this
section applies, he or she, as the case may be, will deny the permit
application.
* * * * *
0
16. Revise Sec. 227.3 to read as follows:
Sec. 227.3 Materials which do not satisfy the environmental impact
criteria set forth in subpart B.
If the material proposed for ocean dumping does not satisfy the
environmental impact criteria of subpart B of this part, the
Administrator or the Regional Administrator, as the case may be, will
deny the permit application.
Subpart B--[Amended]
0
17. Amend Sec. 227.6 by revising paragraph (e) to read as follows:
Sec. 227.6 Constituents prohibited as other than trace contaminants.
* * * * *
(e) The criteria stated in paragraphs (c)(2) and (3) of this
section are mandatory. The availability of acceptable procedures was
announced in the Federal Register in 1991 and 1996.
* * * * *
Subpart F--[Amended]
0
18. Amend part 227 by removing and reserving subpart F, consisting of
Sec. 227.23 through Sec. 227.26.
Subpart G--[Amended]
0
19. Amend Sec. 227.27 by removing footnote 1 from paragraph (b) and
revising paragraph (d) to read as follows:
Sec. 227.27 Limiting permissible concentration (LPC).
* * * * *
(d) Appropriate sensitive benthic marine organisms means two or
more species that together represent filter-feeding, deposit-feeding,
and burrowing characteristics. These organisms shall be chosen from
among the species that are most sensitive for each type they represent,
and that are documented in the scientific literature and accepted by
EPA as being reliable test organisms to determine the anticipated
impact on the site.
PART 228--[AMENDED]
0
20. The authority citation for part 228 continues to read as follows:
Authority: 33 U.S.C. 1412 and 1418.
0
21. Amend Sec. 228.2 by revising paragraph (a) to read as follows:
Sec. 228.2 Definitions.
(a) The term disposal site means a finally approved and precise
geographical area within which ocean dumping of wastes is permitted
under conditions specified in permits issued under sections 102 and 103
of the Act. Such sites are identified by boundaries established by
coordinates of latitude and longitude for each corner, or by
coordinates of latitude and longitude for the center point and a radius
in nautical miles from that point. Boundary coordinates shall be
identified as precisely as is warranted by the accuracy with which the
site can be located with existing navigational aids or by the
implantation of transponders, buoys or other means of marking the site.
* * * * *
0
22. Amend Sec. 228.3 by revising paragraph (b) to read as follows:
Sec. 228.3 Disposal site management responsibilities.
* * * * *
(b) Each site, upon final designation, will be assigned to either
an EPA Regional office or to EPA Headquarters for management. These
designations will be consistent with the delegation of authority in
Sec. 220.4 of this chapter. The designated management authority is
fully responsible for all aspects of the management of sites within the
general requirements specified in Sec. 220.4 and this chapter.
Specific requirements for meeting the management responsibilities
assigned to the designated management authority for each site are
outlined in Sec. Sec. 228.5 and 228.6.
0
23. Amend Sec. 228.4 by revising paragraph (b) to read as follows:
Sec. 228.4 Procedures for designation of sites.
* * * * *
(b) Special permits. Areas where ocean dumping is permitted subject
to the specific conditions of individual special permits, will be
designated by promulgation in this part 228, and such designation will
be made based on environmental studies of each site, regions adjacent
to the site, and on historical knowledge of the impact of waste
disposal on areas similar to such sites in physical, chemical, and
biological characteristics. All studies for the evaluation and
potential selection of dumping sites will be conducted in accordance
with the requirements of Sec. Sec. 228.5 and 228.6. The Administrator
may, from time to time, designate specific locations for temporary use
for disposal of small amounts of materials under a special permit only
without disposal site designation studies when such materials satisfy
the Criteria and the Administrator determines that the quantities to be
disposed of at such sites will not result in significant impact on the
environment. Such designations will be done by promulgation in this
part 228, and will be for a specified period of time and for specified
quantities of materials.
* * * * *
Sec. 228.5 [Amended]
0
24. Amend Sec. 228.5 by removing and reserving paragraph (c).
0
25. Revise Sec. 228.8 to read as follows:
Sec. 228.8 Limitations on times and rates of disposal.
Limitations as to time for and rates of dumping may be stated as
part of the promulgation of site designation. The times and the
quantities of permitted material disposal will be regulated by the EPA
management authority so that the limits for the site as specified in
the site designation are not exceeded. This will be accomplished by the
denial of permits for the disposal of some materials, by the imposition
of appropriate conditions on other permits and, if necessary, the
designation of new disposal sites under the procedures of Sec. 228.4.
In no case may the total volume of material disposed of at any site
under special permits cause the concentration of the total materials or
any constituent of any of the materials being disposed of at the site
to exceed limits specified in the site designation.
0
26. Amend part 228 by removing and reserving Sec. 228.14.
[FR Doc. E8-28842 Filed 12-9-08; 8:45 am]
BILLING CODE 6560-50-P