[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR220.1]



[Page 187-188]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 220_GENERAL--Table of Contents

 

Sec.  220.1  Purpose and scope.









Sec.

220.1 Purpose and scope.

220.2 Definitions.

220.3 Categories of permits.

220.4 Authorities to issue permits.



    Authority: 33 U.S.C. 1412 and 1418.



    Source: 42 FR 2468, Jan. 11, 1977, unless otherwise noted.





    (a) General. This subchapter H establishes procedures and criteria 

for the issuance of permits by EPA pursuant to section 102 of the Act. 

This subchapter H also establishes the criteria to be applied by the 

Corps of Engineers in its review of activities involving the 

transportation of dredged material for the purpose of dumping it in 

ocean waters pursuant to section 103 of the Act. Except as may be 

authorized by a permit issued pursuant to this subchapter H, or pursuant 

to section 103 of the Act, and subject to other applicable regulations 

promulgated pursuant to section 108 of the Act:

    (1) No person shall transport from the United States any material 

for the purpose of dumping it into ocean waters;

    (2) In the case of a vessel or aircraft registered in the United 

States or flying the United States flag or in the case of a United 

States department, agency, or instrumentality, no person shall transport 

from any location any material for the purpose of dumping it into ocean 

waters; and

    (3) No person shall dump any material transported from a location 

outside the United States:

    (i) Into the territorial sea of the United States; or

    (ii) Into a zone contiguous to the territorial sea of the United 

States, extending to a line twelve nautical miles seaward from the base 

line from which the breadth of the territorial sea is measured, to the 

extent that it may affect the territorial sea or the territory of the 

United States.

    (b) Relationship to international agreements. In accordance with 

section 102(a) of the Act, the regulations and criteria included in this 

subchapter H apply the standards and criteria binding upon the United 

States under the Convention on the Prevention of Marine Pollution by 

Dumping of Wastes and Other Matter to the extent that application of 

such standards and criteria do not relax the requirements of the Act.

    (c) Exclusions--(1) Fish wastes. This subchapter H does not apply 

to, and no permit hereunder shall be required for, the transportation 

for the purpose of dumping or the dumping in ocean waters of fish wastes 

unless such dumping occurs in:

    (i) Harbors or other protected or enclosed coastal waters; or

    (ii) Any other location where the Administrator finds that such 

dumping may reasonably be anticipated to endanger health, the 

environment or ecological systems.

    (2) Fisheries resources. This subchapter H does not apply to, and no 

permit hereunder shall be required for, the placement or deposit of 

oyster shells or other materials for the purpose of developing, 

maintaining or harvesting fisheries resources; provided, such placement 

or deposit is regulated under or is a part of an authorized State or 

Federal program certified to EPA by the agency authorized to enforce the 

regulation, or to administer the program, as the case may be; and 

provided further, that the National Oceanic and Atmospheric 

Administration, the U.S. Coast Guard, and the U.S. Army Corps of 

Engineers concur in such placement or deposit as it may affect their 

responsibilities and such concurrence is evidenced by letters of 

concurrence from these agencies.

    (3) Vessel propulsion and fixed structures. This subchapter H does 

not apply to, and no permit hereunder shall be required for:

    (i) Routine discharges of effluent incidental to the propulsion of 

vessels or the operation of motor-driven equipment on vessels; or

    (ii) Construction of any fixed structure or artificial island, or 

the intentional placement of any device in ocean waters or on or in the 

submerged



[[Page 188]]



land beneath such waters, for a purpose other than disposal when such 

construction or such placement is otherwise regulated by Federal or 

State law or made pursuant to an authorized Federal or State program 

certified to EPA by the agency authorized to enforce the regulations or 

to administer the program, as the case may be.

    (4) Emergency to safeguard life at sea. This subchapter H does not 

apply to, and no permit hereunder shall be required for, the dumping of 

material into ocean waters from a vessel or aircraft in an emergency to 

safeguard life at sea to the extent that the person owning or operating 

such vessel or aircraft files timely reports required by Sec.  224.2(b).