[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: 40CFR230.80]

[Page 273]
 
                   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 I--Planning To Shorten Permit Processing Time
 
Sec. 230.80  Advanced identification of disposal areas.


    (a) Consistent with these Guidelines, EPA and the permitting 
authority, on their own initiative or at the request of any other party 
and after consultation with any affected State that is not the 
permitting authority, may identify sites which will be considered as:
    (1) Possible future disposal sites, including existing disposal 
sites and non-sensitive areas; or
    (2) Areas generally unsuitable for disposal site specification;
    (b) The identification of any area as a possible future disposal 
site should not be deemed to constitute a permit for the discharge of 
dredged or fill material within such area or a specification of a 
disposal site. The identification of areas that generally will not be 
available for disposal site specification should not be deemed as 
prohibiting applications for permits to discharge dredged or fill 
material in such areas. Either type of identification constitutes 
information to facilitate individual or General permit application and 
processing.
    (c) An appropriate public notice of the proposed identification of 
such areas shall be issued;
    (d) To provide the basis for advanced identification of disposal 
areas, and areas unsuitable for disposal, EPA and the permitting 
authority shall consider the likelihood that use of the area in question 
for dredged or fill material disposal will comply with these Guidelines. 
To facilitate this analysis, EPA and the permitting authority should 
review available water resources management data including data 
available from the public, other Federal and State agencies, and 
information from approved Coastal Zone Management programs and River 
Basin Plans;
    (e) The permitting authority should maintain a public record of the 
identified areas and a written statement of the basis for 
identification.