[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: 40CFR228.9]

[Page 220-221]
 
                   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. 228.9  Disposal site monitoring.

    (a) The monitoring program, if deemed necessary by the Regional 
Administrator or the District Engineer, as appropriate, may include 
baseline or trend assessment surveys by EPA, NOAA, other Federal 
agencies, or contractors, special studies by permittees, and the 
analysis and interpretation of data from remote or automatic sampling 
and/or sensing devices. The primary purpose of the monitoring program is 
to evaluate the impact of disposal on the marine environment by 
referencing the monitoring results to a set of baseline conditions. When 
disposal sites are being used on a continuing basis, such programs may 
consist of the following components:
    (1) Trend assessment surveys conducted at intervals frequent enough 
to assess the extent and trends of environmental impact. Until survey 
data or other information are adequate to show that changes in frequency 
or scope are necessary or desirable, trend assessment and baseline 
surveys should generally conform to the applicable requirements of 
Sec. 228.13. These surveys shall be the responsibility of the Federal 
government.
    (2) Special studies conducted by the permittee to identify immediate 
and

[[Page 221]]

short-term impacts of disposal operations.
    (b) These surveys may be supplemented, where feasible and useful, by 
data collected from the use of automatic sampling buoys, satellites or 
in situ platforms, and from experimental programs.
    (c) EPA will require the full participation of permittees, and 
encourage the full participation of other Federal and State and local 
agencies in the development and implementation of disposal site 
monitoring programs. The monitoring and research programs presently 
supported by permittees may be incorporated into the overall monitoring 
program insofar as feasible.