[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: 40CFR227.25]

[Page 214]
 
                   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 F--Special Requirements for Interim Permits Under Section 102 of 
                                 the Act
 
Sec. 227.25  Contents of plans.

    In addition to the environmental assessment required by Sec. 227.24, 
a plan developed pursuant to this subpart F must include a schedule for 
eliminating ocean dumping or bringing the wastes into compliance with 
the environmental impact criteria of subpart B, including without 
limitation, the following:
    (a) If the waste is treated to the degree necessary to bring it into 
compliance with the ocean dumping criteria, the applicant should provide 
a description of the treatment and a scheduled program for treatment and 
a subsequent analysis of treated material to prove the effectiveness of 
the process.
    (b) If treatment cannot be effected by post-process techniques the 
applicant should, determining the offending constituents, examine his 
raw materials and his total process to determine the origin of the 
pollutant. If the offending constituents are found in the raw material 
the applicant should consider a new supplier and provide an analysis of 
the new material to prove compliance. Raw materials are to include all 
water used in the process. Water from municipal sources complying with 
drinking water standards is acceptable. Water from other sources such as 
private wells should be analyzed for contaminants. Water that has been 
used in the process should be considered for treatment and recycling as 
an additional source of process water.
    (c) If offending constituents are a result of the process, the 
applicant should investigate and describe the source of the 
constituents. A report of this information will be submitted to EPA and 
the applicant will then submit a proposal describing possible 
alternatives to the existing process or processes and level of cost and 
effectiveness.
    (d) If an acceptable alternative to ocean dumping or additional 
control technology is required, a schedule and documentation for 
implementation of the alternative or approved control process shall be 
submitted and shall include, without limitation:
    (1) Engineering plan;
    (2) Financing approval;
    (3) Starting date for change;
    (4) Completion date;
    (5) Operation starting date.
    (e) If an acceptable alternative does not exist at the time the 
application is submitted, the applicant will submit an acceptable in-
house research program or employ a competent research institution to 
study the problem. The program of research must be approved by the 
Administrator or Regional Administrator, as the case may be, before the 
initiation of the research. The schedule and documentation for 
implementation of a research program will include, without limitation:
    (1) Approaches;
    (2) Experimental design;
    (3) Starting date;
    (4) Reporting intervals;
    (5) Proposed completion date;
    (6) Date for submission of final report.