[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: 40CFR223.2]

[Page 199-200]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 223--CONTENTS OF PERMITS; REVISION, REVOCATION OR LIMITATION OF OCEAN 
DUMPING PERMITS UNDER SECTION 104(d) OF THE ACT--Table of Contents
 
 Subpart B--Procedures for Revision, Revocation or Limitation of Ocean 
             Dumping Permits Under Section 104(d) of the Act
 
Sec. 223.2  Scope of these rules.


    (a) These rules of practice shall govern all proceedings under 
section 104(d) of the Marine Protection, Research, and Sanctuaries Act 
of 1972, as amended (33 U.S.C. 1414(d)), to revise, revoke or limit the 
terms and conditions of any permit issued pursuant to section 102 of the 
Act. Section 104(d) provides that ``the Administrator * * * may limit or 
deny the issuance of permits, or he may alter or revoke partially or 
entirely the terms of permits issued by him under this title, for the 
transportation for dumping, or for the dumping, or both of specified 
materials or classes of materials, where he finds that such

[[Page 200]]

materials cannot be dumped consistently with the criteria and other 
factors required to be applied in evaluating the permit application.''
    (b) In the absence of specific provisions in these rules, and where 
appropriate, questions arising at any stage of the proceedings shall be 
resolved at the discretion of the Presiding Officer, the Regional 
Administrator, or the Administrator, as appropriate.