[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: 40CFR230.6]

[Page 255-256]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 230--SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES 
FOR DREDGED OR FILL MATERIAL--Table of Contents
 
                           Subpart A--General
 
Sec. 230.6  Adaptability.

    (a) The manner in which these Guidelines are used depends on the 
physical, biological, and chemical nature of the proposed extraction 
site, the material to be discharged, and the candidate disposal site, 
including any other important components of the ecosystem being 
evaluated. Documentation to demonstrate knowledge about the extraction 
site, materials to be extracted, and the candidate disposal site is an 
essential component of guideline application. These Guidelines allow 
evaluation and documentation for a variety of activities, ranging from 
those with large, complex impacts on the aquatic environment to those 
for which the impact is likely to be innocuous. It is unlikely that the 
Guidelines will apply in their entirety to any one activity, no matter 
how complex. It is anticipated that substantial numbers of permit 
applications will be for minor, routine activities that have little, if 
any, potential for significant degradation of the aquatic environment. 
It generally is not intended or expected that extensive testing, 
evaluation or analysis will be needed to make findings of compliance in 
such routine cases. Where the conditions for General permits are met, 
and where

[[Page 256]]

numerous applications for similar activities are likely, the use of 
General permits will eliminate repetitive evaluation and documentation 
for individual discharges.
    (b) The Guidelines user, including the agency or agencies 
responsible for implementing the Guidelines, must recognize the 
different levels of effort that should be associated with varying 
degrees of impact and require or prepare commensurate documentation. The 
level of documentation should reflect the significance and complexity of 
the discharge activity.
    (c) An essential part of the evaluation process involves making 
determinations as to the relevance of any portion(s) of the Guidelines 
and conducting further evaluation only as needed. However, where 
portions of the Guidelines review procedure are ``short form'' 
evaluations, there still must be sufficient information (including 
consideration of both individual and cumulative impacts) to support the 
decision of whether to specify the site for disposal of dredged or fill 
material and to support the decision to curtail or abbreviate the 
evaluation process. The presumption against the discharge in Sec. 230.1 
applies to this decision-making.
    (d) In the case of activities covered by General permits or section 
208(b)(4)(B) and (C) Best Management Practices, the analysis and 
documentation required by the Guidelines will be performed at the time 
of General permit issuance or section 208(b)(4)(B) and (C) Best 
Management Practices promulgation and will not be repeated when 
activities are conducted under a General permit or section 208(b)(4)(B) 
and (C) Best Management Practices control. These Guidelines do not 
require reporting or formal written communication at the time individual 
activities are initiated under a General permit or section 208(b)(4)(B) 
and (C) Best Management Practices. However, a particular General permit 
may require appropriate reporting.