[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: 40CFR227.3]

[Page 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. 227.3  Materials which do not satisfy the environmental impact 
criteria set forth in subpart B.

    If the material proposed for ocean dumping does not satisfy the 
environmental impact criteria of subpart B, the Administrator or the 
Regional Administrator, as the case may be, will deny the permit 
application; provided however, that he may issue an interim permit 
pursuant to paragraph (d) of Sec. 220.3 and subpart F of this part 227 
when he determines that:
    (a) The material proposed for dumping does not contain any of the 
materials listed in Sec. 227.6 except as trace contaminants, or any of 
the materials listed in Sec. 227.5;
    (b) In accordance with subpart C there is a need to ocean dump the 
material; and
    (c) Any one of the following factors is of greater significance to 
the public interest than the potential for adverse impact on the marine 
environment, as determined in accordance with Subpart B:
    (1) The need for the dumping, as determined in accordance with 
subpart C; or
    (2) The adverse effects of denial of the permit on recreational or 
economic values as determined in accordance with subpart D; or
    (3) The adverse effects of denial of the permit on other uses of the 
ocean, as determined in accordance with subpart E.