[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: 40CFR223.3]

[Page 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. 223.3  Preliminary determination; notice.

    (a) General. Any general, special, emergency, interim 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:
    (1) The cumulative impact of the permittee's dumping activities or 
the aggregate impact of all dumping activities at the dump site 
designated in the permit should be categorized as Impact Category I, as 
defined in Sec. 228.10(c)(1) of this subchapter; or
    (2) There has been a change in circumstances relating to the 
management of the disposal site designated in the permit; or
    (3) The dumping authorized by the permit would violate applicable 
water quality standards; or
    (4) The dumping authorized by the permit can no longer be carried 
out consistent with the criteria set forth in parts 227 and 228.
    (b) Preliminary determination. Whenever any person authorized by the 
Administrator or Regional Administrator to (1) periodically review 
permits pursuant to section 104(d) of the Act or (2) otherwise assess 
the need for revision, revocation or limitation of a permit makes any of 
the determinations listed in paragraph (a) of this section with respect 
to a permit issued pursuant to section 102 of the Act, and additionally 
determines that revision, revocation or limitation of such permit is 
warranted, the Administrator or Regional Administrator, as the case may 
be, shall provide notification of such proposed revision, revocation or 
limitation to the permittee named in the permit, if any, the public, and 
any cognizant Federal/State agencies pursuant to paragraph (c) of this 
section.
    (c) Form of notification. Notice of any proposed revision, 
revocation or limitation of a permit shall be sent to the permittee by 
certified mail, return receipt requested, and shall be published and 
otherwise disseminated in the manner described in Sec. 222.3 (b) through 
(h).
    (d) Contents of notice. The notice of any proposed revision, 
revocation or limitation of a permit issued pursuant to paragraph (b) of 
this section shall include, in addition to any other materials, the 
following:
    (1) A brief description of the contents of the permit, as set forth 
in Sec. 223.1;
    (2) A description of the proposed revision, revocation, or 
limitation;
    (3) A statement of the reason for such proposed revision, 
revocation, or limitation; and
    (4) A statement that within thirty (30) days of the date of 
dissemination of the notice, any person may request a public hearing on 
the proposed revision, revocation or limitation.