[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: 40CFR228.5]

[Page 219]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING--
Table of Contents
 
Sec. 228.5  General criteria for the selection of sites.

    (a) The dumping of materials into the ocean will be permitted only 
at sites or in areas selected to minimize the interference of disposal 
activities with other activities in the marine environment, particularly 
avoiding areas of existing fisheries or shellfisheries, and regions of 
heavy commercial or recreational navigation.
    (b) Locations and boundaries of disposal sites will be so chosen 
that temporary perturbations in water quality or other environmental 
conditions during initial mixing caused by disposal operations anywhere 
within the site can be expected to be reduced to normal ambient seawater 
levels or to undetectable contaminant concentrations or effects before 
reaching any beach, shoreline, marine sanctuary, or known geographically 
limited fishery or shellfishery.
    (c) If at any time during or after disposal site evaluation studies, 
it is determined that existing disposal sites presently approved on an 
interim basis for ocean dumping do not meet the criteria for site 
selection set forth in Secs. 228.5 through 228.6, the use of such sites 
will be terminated as soon as suitable alternate disposal sites can be 
designated.
    (d) The sizes of ocean disposal sites will be limited in order to 
localize for identification and control any immediate adverse impacts 
and permit the implementation of effective monitoring and surveilance 
programs to prevent adverse long-range impacts. The size, configuration, 
and location of any disposal site will be determined as a part of the 
disposal site evaluation or designation study.
    (e) EPA will, wherever feasible, designate ocean dumping sites 
beyond the edge of the continental shelf and other such sites that have 
been historically used.