[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: 40CFR229.3]

[Page 250-251]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 229--GENERAL PERMITS--Table of Contents
 
Sec. 229.3  Transportation and disposal of vessels.

    (a) All persons subject to title I of the Act are hereby granted a 
general permit to transport vessels from the United States, and all 
departments, agencies, or instrumentalities of the United States are 
hereby granted a general permit to transport vessels from any location 
for the purpose of disposal in the ocean subject to the following 
conditions:
    (1) Except in emergency situations, as determined by the U.S. Army 
Corps of Engineers and/or the U.S. Coast Guard, the person desiring to 
dispose of a vessel under this general permit shall, no later than 1 
month prior to the proposed disposal date, provide the following 
information in writing to the EPA Regional Administrator for the Region 
in which the proposed disposal will take place:
    (i) A statement detailing the need for the disposal of the vessel;
    (ii) Type and description of vessel to be disposed of and type of 
cargo normally carried;
    (iii) Detailed description of the proposed disposal procedures;
    (iv) Information on the potential effect of the vessel disposal on 
the marine environment; and
    (v) Documentation of an adequate evaluation of alternatives to ocean 
disposal (i.e., scrap, salvage, and reclamation).
    (2) Transportation for the purpose of ocean disposal may be 
accomplished under the supervision of the District Commander of the U.S. 
Coast Guard or his designee.
    (3) Except in emergency situations, as determined by the U.S. Army 
Corps of Engineers and/or the District Commander of the U.S. Coast 
Guard, appropriate measures shall be taken, prior to disposal, by 
qualified personnel to remove to the maximum extent practicable all 
materials which may degrade the marine environment, including without 
limitation (i) emptying of all fuel lines and fuel tanks to the lowest 
point practicable, flushing of such lines and tanks with water, and 
again emptying such lines and tanks to the lowest point practicable so 
that such lines and tanks are essentially free of petroleum, and (ii) 
removing from the hulls other pollutants and all readily detachable 
material capable of creating debris or contributing to chemical 
pollution.
    (4) Except in emergency situations, as determined by the U.S. Army 
Corps of Engineers and/or the U.S. Coast Guard, the dumper shall, no 
later than 10 days prior to the proposed disposal date, notify the EPA 
Regional Administrator and the District Commander of the U.S. Coast 
Guard that the vessel has been cleaned and is available for inspection; 
the vessel may be transported for dumping only after EPA and the Coast 
Guard agree that the requirements of paragraph (a)(3) of this section 
have been met.
    (5) Disposal of these vessels shall take place in a site designated 
on current nautical charts for the disposal of

[[Page 251]]

wrecks or no closer than 22 kilometers (12 miles) from the nearest land 
and in water no less than 50 fathoms (300 feet) deep, and all necessary 
measures shall be taken to insure that the vessels sink to the bottom 
rapidly and that marine navigation is not otherwise impaired.
    (6) Disposal shall not take place in established shipping lanes 
unless at a designated wreck site, nor in a designated marine sanctuary, 
nor in a location where the hulk may present a hazard to commercial 
trawling or national defense (see 33 CFR part 205).
    (7) Except in emergency situations, as determined by the U.S. Army 
Corps of Engineers and/or the U.S. Coast Guard, disposal of these 
vessels shall be performed during daylight hours only.
    (8) Except in emergency situations, as determined by the U.S. Army 
Corps of Engineers and/or the District Commander of the U.S. Coast 
Guard, the Captain-of-the-Port (COTP), U.S. Coast Guard, and the EPA 
Regional Administrator shall be notified forty-eight (48) hours in 
advance of the proposed disposal. In addition, the COTP and the EPA 
Regional Administrator shall be notified by telephone at least twelve 
(12) hours in advance of the vessel's departure from port with such 
details as the proposed departure time and place, disposal site 
location, estimated time of arrival on site, and the name and 
communication capability of the towing vessel. Schedule changes are to 
be reported to the COTP as rapidly as possible.
    (9) The National Ocean Survey, NOAA, 6010 Executive Blvd., 
Rockville, MD 20852, shall be notified in writing, within 1 week, of the 
exact coordinates of the disposal site so that it may be marked on 
appropriate charts.