[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR220.3]

[Page 188-190]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 220--GENERAL--Table of Contents
 
Sec. 220.3  Categories of permits.

    This Sec. 220.3 provides for the issuance of general, special, 
emergency, interim and research permits for ocean dumping under section 
102 of the Act.

[[Page 189]]

    (a) General permits. General permits may be issued for the dumping 
of certain materials which will have a minimal adverse environmental 
impact and are generally disposed of in small quantities, or for 
specific classes of materials that must be disposed of in emergency 
situations. General permits may be issued on application of an 
interested person in accordance with the procedures of part 221 or may 
be issued without such application whenever the Administrator determines 
that issuance of a general permit is necessary or appropriate.
    (b) Special permits. Special permits may be issued for the dumping 
of materials which satisfy the Criteria and shall specify an expiration 
date no later than three years from the date of issue.
    (c) Emergency permits. For any of the materials listed in 
Sec. 227.6, except as trace contaminants, after consultation with the 
Department of State with respect to the need to consult with parties to 
the Convention on the Prevention of Marine Pollution by Dumping of 
Wastes and Other Matter that are likely to be affected by the dumping, 
emergency permits may be issued to dump such materials where there is 
demonstrated to exist an emergency requiring the dumping of such 
materials, which poses an unacceptable risk relating to human health and 
admits of no other feasible solution. As used herein, ``emergency'' 
refers to situations requiring action with a marked degree of urgency, 
but is not limited in its application to circumstances requiring 
immediate action. Emergency permits may be issued for other materials, 
except those prohibited by Sec. 227.5, without consultation with the 
Department of State when the Administrator determines that there exists 
an emergency requiring the dumping of such materials which poses an 
unacceptable risk to human health and admits of no other feasible 
solution.
    (d) Interim permits. Prior to April 23, 1978, interim permits may be 
issued in accordance with subpart A of part 227 to dump materials which 
are not in compliance with the environmental impact criteria of subpart 
B of part 227, or which would cause substantial adverse effects as 
determined in accordance with the criteria of subpart D or E of part 227 
or for which an ocean disposal site has not been designated on other 
than an interim basis pursuant to part 228 of this subchapter H; 
provided, however, no permit may be issued for the ocean dumping of any 
materials listed in Sec. 227.5, or for any of the materials listed in 
Sec. 227.6, except as trace contaminants; provided further that the 
compliance date of April 23, 1978, does not apply to the dumping of 
wastes by existing dumpers when the Regional Administrator determines 
that the permittee has exercised his best efforts to comply with all 
requirements of a special permit by April 23, 1978, and has an 
implementation schedule adequate to allow phasing out of ocean dumping 
or compliance with all requirements necessary to receive a special 
permit by December 31, 1981, at the latest. No interim permit will be 
granted for the dumping of waste from a facility which has not 
previously dumped wastes in the ocean from a new facility, or for the 
dumping of an increased amount of waste from the expansion or 
modification of an existing facility, after the effective date of these 
regulations (except when the facility is operated by a municipality now 
dumping such wastes). No interim permit will be issued for the dumping 
of any material in the ocean for which an interim permit had previously 
been issued unless the applicant demonstrates that he has exercised his 
best efforts to comply with all provisions of the previously issued 
permits. Interim permits shall specify an expiration date no later than 
one year from the date of issue.
    (e) Research permits. Research permits may be issued for the dumping 
of any materials, other than materials specified in Sec. 227.5 or for 
any of the materials listed in Sec. 227.6 except as trace contaminants, 
unless subject to the exclusion of Sec. 227.6(g), into the ocean as part 
of a research project when it is determined that the scientific merit of 
the proposed project outweighs the potential environmental or other 
damage that may result from the dumping. Research permits shall specify 
an expiration date no later than 18 months from the date of issue.

[[Page 190]]

    (f) Permits for incineration at sea. Permits for incineration of 
wastes at sea will be issued only as research permits or as interim 
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). In all other respects the requirements of 
parts 220 through 228 apply.

[42 FR 2468, Jan. 11, 1977; 43 FR 1071, Jan. 6, 1978]