[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR228.4]

[Page 218-219]
 
                   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. 228.4  Procedures for designation of sites.

    (a) General Permits. Geographical areas or regions within which 
materials may be dumped under a general permit will be published as part 
of the promulgation of each general permit.
    (b) Special and Interim Permits. Areas where ocean dumping is 
permitted subject to the specific conditions of individual special or 
interim permits, will be designated by promulgation in this part 228, 
and such designation will be made based on environmental studies of each 
site, regions adjacent to the site, and on historical knowledge of the 
impact of waste disposal on areas similar to such sites in physical, 
chemical, and biological characteristics. All studies for the evaluation 
and potential selection of dumping sites will be conducted in accordance 
with the requirements of Sec. Sec. 228.5 and 228.6.

The Administrator may, from time to time, designate specific locations 
for temporary use for disposal of small amounts of materials under a 
special permit only without disposal site designation studies when such 
materials satisfy the Criteria and the Administrator determines that the 
quantities to be disposed of at such sites will not result in 
significant impact on the environment. Such designations will be done by 
promulgation in this part 228, and will be for a specified period of 
time and for specified quantities of materials.
    (c) Emergency Permits. Dumping sites for materials disposed of under 
an emergency permit will be specified by the Administrator as a permit 
condition and will be based on an individual appraisal of the 
characteristics of the waste and the safest means for its disposal.
    (d) Research Permits. Dumping sites for research permits will be 
determined by the nature of the proposed study. Dumping sites will be 
specified by the Administrator as a permit condition.
    (e) Dredged Material Permits. (1) Areas where ocean dumping of 
dredged material is permitted subject to the specific

[[Page 219]]

conditions of Dredged Material permits issued by the U.S. Army Corps of 
Engineers will be designated by EPA promulgation in this part 228, and 
such designation will be made based on environmental studies of each 
site, regions adjacent to the site, and on historical knowledge of the 
impact of dredged material disposal on areas similar to such sites in 
physical, chemical, and biological characteristics. All studies for the 
evaluation and potential selection of dredged material disposal sites 
will be conducted in accordance with the appropriate requirements of 
Sec. Sec. 228.5 and 228.6, except that:
    (i) Baseline or trend assessment requirements may be developed on a 
case-by-case basis from the results of research, including that now in 
progress by the Corps of Engineers.
    (ii) An environmental impact assessment for all sites within a 
particular geographic area may be prepared based on complete disposal 
site designation or evaluation studies on a typical site or sites in 
that area. In such cases, sufficient studies to demonstrate the generic 
similarity of all sites within such a geographic area will be conducted.
    (2) In those cases where a recommended disposal site has not been 
designated by the Administrator, or where it is not feasible to utilize 
a recommended disposal site that has been designated by the 
Administrator, the District Engineer shall, in consultation with EPA, 
select a site in accordance with the requirements of Sec. Sec. 228.5 
and 228.6(a). Concurrence by EPA in permits issued for the use of such 
site for the dumping of dredged material at the site will constitute EPA 
approval of the use of the site for dredged material disposal only.
    (3) Sites designated for the ocean dumping of dredged material in 
accordance with the procedures of paragraph (e) (1) or (2) of this 
section shall be used only for the ocean dumping of dredged material 
under permits issued by the U.S. Army Corps of Engineers.