[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: 40CFR227.16]

[Page 211-212]
 
                   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 C--Need for Ocean Dumping
 
Sec. 227.16  Basis for determination of need for ocean dumping.

    (a) A need for ocean dumping will be considered to have been 
demonstrated when a thorough evaluation of the factors listed in 
Sec. 227.15 has been made, and the Administrator, Regional Administrator 
or District Engineer, as the case may be, has determined that the 
following conditions exist where applicable:
    (1) There are no practicable improvements which can be made in 
process technology or in overall waste treatment to reduce the adverse 
impacts of the waste on the total environment;
    (2) There are no practicable alternative locations and methods of 
disposal or recycling available, including without limitation, storage 
until treatment facilities are completed, which have less adverse 
environmental impact or potential risk to other parts of the environment 
than ocean dumping.
    (b) For purposes of paragraph (a) of this section, waste treatment 
or improvements in processes and alternative methods of disposal are 
practicable when they are available at reasonable incremental cost and 
energy expenditures, which need not be competitive with the costs of 
ocean dumping, taking into account the environmental benefits derived 
from such activity, including the relative adverse environmental impacts 
associated with the use of alternatives to ocean dumping.
    (c) The duration of permits issued under subchapter H and other 
terms and conditions imposed in those permits shall be determined after 
taking into account the factors set forth in this section. 
Notwithstanding compliance with subparts B, D, and E of this part 227 
permittees may, on the basis

[[Page 212]]

of the need for and alternatives to ocean dumping, be required to 
terminate all ocean dumping by a specified date, to phase out all ocean 
dumping over a specified period or periods, to continue research and 
development of alternative methods of disposal and make periodic reports 
of such research and development in order to provide additional 
information for periodic review of the need for and alternatives to 
ocean dumping, or to take such other action as the Administrator, the 
Regional Administrator, or District Engineer, as the case may be, 
determines to be necessary or appropriate.