[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: 40CFR227.13]

[Page 210-211]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 227--CRITERIA FOR THE EVALUATION OF PERMIT APPLICATIONS FOR OCEAN 
DUMPING OF MATERIALS--Table of Contents
 
                     Subpart B--Environmental Impact
 
Sec. 227.13  Dredged materials.

    (a) Dredged materials are bottom sediments or materials that have 
been dredged or excavated from the navigable waters of the United 
States, and their disposal into ocean waters is regulated by the U.S. 
Army Corps of Engineers using the criteria of applicable sections of 
parts 227 and 228. Dredged material consists primarily of natural 
sediments or materials which may be contaminated by municipal or 
industrial wastes or by runoff from terrestrial sources such as 
agricultural lands.
    (b) Dredged material which meets the criteria set forth in the 
following paragraphs (b)(1), (2), or (3) of this section is 
environmentally acceptable for ocean dumping without further testing 
under this section:
    (1) Dredged material is composed predominantly of sand, gravel, 
rock, or any other naturally occurring bottom material with particle 
sizes larger than silt, and the material is found in areas of high 
current or wave energy such as streams with large bed loads or coastal 
areas with shifting bars and channels; or
    (2) Dredged material is for beach nourishment or restoration and is 
composed predominantly of sand, gravel or shell with particle sizes 
compatible with material on the receiving beaches; or
    (3) When: (i) The material proposed for dumping is substantially the 
same as the substrate at the proposed disposal site; and
    (ii) The site from which the material proposed for dumping is to be 
taken is far removed from known existing and historical sources of 
pollution so as to provide reasonable assurance that such material has 
not been contaminated by such pollution.
    (c) When dredged material proposed for ocean dumping does not meet 
the criteria of paragraph (b) of this section, further testing of the 
liquid, suspended particulate, and solid phases, as defined in 
Sec. 227.32, is required. Based on the results of such testing, dredged 
material can be considered to be environmentally acceptable for ocean 
dumping only under the following conditions:
    (1) The material is in compliance with the requirements of 
Sec. 227.6; and
    (2)(i) All major constituents of the liquid phase are in compliance 
with the applicable marine water quality criteria after allowance for 
initial mixing; or
    (ii) When the liquid phase contains major constituents not included 
in the applicable marine water quality criteria, or there is reason to 
suspect synergistic effects of certain contaminants, bioassays on the 
liquid phase of

[[Page 211]]

the dredged material show that it can be discharged so as not to exceed 
the limiting permissible concentration as defined in paragraph (a) of 
Sec. 227.27; and
    (3) Bioassays on the suspended particulate and solid phases show 
that it can be discharged so as not to exceed the limiting permissible 
concentration as defined in paragraph (b) of Sec. 227.27.
    (d) For the purposes of paragraph (c)(2) of this section, major 
constituents to be analyzed in the liquid phase are those deemed 
critical by the District Engineer, after evaluating and considering any 
comments received from the Regional Administrator, and considering known 
sources of discharges in the area.