[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: 40CFR227.2]

[Page 205-206]
 
                   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 A--General
 
Sec. 227.2  Materials which satisfy the environmental impact criteria 
of subpart B.

    (a) If the applicant satisfactorily demonstrates that the material 
proposed for ocean dumping satisfies the environmental impact criteria 
set forth in subpart B, a permit for ocean dumping will be issued 
unless:
    (1) There is no need for the dumping, and alternative means of 
disposal are available, as determined in accordance with the criteria 
set forth in subpart C; or
    (2) There are unacceptable adverse effects on esthetic, recreational 
or economic values as determined in accordance with the criteria set 
forth in subpart D; or
    (3) There are unacceptable adverse effects on other uses of the 
ocean as determined in accordance with the criteria set forth in subpart 
E.
    (b) If the material proposed for ocean dumping satisfies the 
environmental impact criteria set forth in subpart B, but the 
Administrator or the Regional Administrator, as the case may be, 
determines that any one of the considerations set forth in paragraph 
(a)(1), (2) or (3) of this section applies, he will deny the permit 
application; provided however, that he may issue an interim permit for 
ocean dumping pursuant to paragraph (d) of Sec. 220.3 and subpart F of 
this part 227 when he determines that:
    (1) The material proposed for ocean dumping does not contain any of 
the materials listed in Sec. 227.5 or listed in Sec. 227.6, except as 
trace contaminants; and

[[Page 206]]

    (2) In accordance with subpart C there is a need to ocean dump the 
material and no alternatives are available to such dumping; and
    (3) The need for the dumping and the unavailability of alternatives, 
as determined in accordance with subpart C, are of greater significance 
to the public interest than the potential for adverse effect on 
esthetic, recreational or economic values, or on other uses of the 
ocean, as determined in accordance with subparts D and E, respectively.