[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: 40CFR227.32]

[Page 216-217]
 
                   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 G--Definitions
 
Sec. 227.32  Liquid, suspended particulate, and solid phases of a material.

    (a) For the purposes of these regulations, the liquid phase of a 
material, subject to the exclusions of paragraph (b) of this section, is 
the supernatant remaining after one hour undisturbed settling, after 
centrifugation and filtration through a 0.45 micron filter. The 
suspended particulate phase is the supernatant as obtained above prior 
to centrifugation and filtration. The solid phase includes all material 
settling to the bottom in one hour. Settling shall be conducted 
according to procedures approved by EPA.
    (b) For dredged material, other material containing large 
proportions of insoluble matter, materials which may interact with ocean 
water to form insoluble matter or new toxic compounds, or materials 
which may release toxic compounds upon deposition, the Administrator, 
Regional Administrator, or the District Engineer, as the case may be, 
may require that the separation of liquid, suspended particulate, and 
solid phases of the material be performed upon a mixture of the waste 
with ocean water rather than on the material itself. In such cases the 
following procedures shall be used:
    (1) For dredged material, the liquid phase is considered to be the 
centrifuged and 0.45 micron filtered supernatant remaining after one 
hour undisturbed settling of the mixture resulting from a vigorous 30-
minute agitation of one part bottom sediment from the dredging site with 
four parts water (vol/vol) collected from the dredging site or from the 
disposal site, as appropriate for the type of dredging operation. The 
suspended particulate phase is the supernatant as obtained above prior 
to centrifugation and filtration. The solid phase is considered to be 
all material settling to the bottom within one hour. Settling shall be 
conducted by procedures approved by EPA and the Corps of Engineers.
    (2) For other materials, the proportion of ocean water used shall be 
the minimum amount necessary to produce the anticipated effect (e.g., 
complete neutralization of an acid or alkaline

[[Page 217]]

waste) based on guidance provided by EPA on particular cases, or in 
accordance with approved EPA procedures. For such materials the liquid 
phase is the filtered and centrifuged supernatant resulting from the 
mixture after 30 minutes of vigorous shaking followed by undisturbed 
settling for one hour. The suspended particulate phase is the 
supernatant as obtained above prior to centrifugation and filtration. 
The solid phase is the insoluble material settling to the bottom in that 
period.