[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: 40CFR220.3]



[Page 188-190]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 220_GENERAL--Table of Contents

 

Sec.  220.3  Categories of permits.



    This Sec.  220.3 provides for the issuance of general, special, 

emergency, interim and research permits for ocean dumping under section 

102 of the Act.



[[Page 189]]



    (a) General permits. General permits may be issued for the dumping 

of certain materials which will have a minimal adverse environmental 

impact and are generally disposed of in small quantities, or for 

specific classes of materials that must be disposed of in emergency 

situations. General permits may be issued on application of an 

interested person in accordance with the procedures of part 221 or may 

be issued without such application whenever the Administrator determines 

that issuance of a general permit is necessary or appropriate.

    (b) Special permits. Special permits may be issued for the dumping 

of materials which satisfy the Criteria and shall specify an expiration 

date no later than three years from the date of issue.

    (c) Emergency permits. For any of the materials listed in Sec.  

227.6, except as trace contaminants, after consultation with the 

Department of State with respect to the need to consult with parties to 

the Convention on the Prevention of Marine Pollution by Dumping of 

Wastes and Other Matter that are likely to be affected by the dumping, 

emergency permits may be issued to dump such materials where there is 

demonstrated to exist an emergency requiring the dumping of such 

materials, which poses an unacceptable risk relating to human health and 

admits of no other feasible solution. As used herein, ``emergency'' 

refers to situations requiring action with a marked degree of urgency, 

but is not limited in its application to circumstances requiring 

immediate action. Emergency permits may be issued for other materials, 

except those prohibited by Sec.  227.5, without consultation with the 

Department of State when the Administrator determines that there exists 

an emergency requiring the dumping of such materials which poses an 

unacceptable risk to human health and admits of no other feasible 

solution.

    (d) Interim permits. Prior to April 23, 1978, interim permits may be 

issued in accordance with subpart A of part 227 to dump materials which 

are not in compliance with the environmental impact criteria of subpart 

B of part 227, or which would cause substantial adverse effects as 

determined in accordance with the criteria of subpart D or E of part 227 

or for which an ocean disposal site has not been designated on other 

than an interim basis pursuant to part 228 of this subchapter H; 

provided, however, no permit may be issued for the ocean dumping of any 

materials listed in Sec.  227.5, or for any of the materials listed in 

Sec.  227.6, except as trace contaminants; provided further that the 

compliance date of April 23, 1978, does not apply to the dumping of 

wastes by existing dumpers when the Regional Administrator determines 

that the permittee has exercised his best efforts to comply with all 

requirements of a special permit by April 23, 1978, and has an 

implementation schedule adequate to allow phasing out of ocean dumping 

or compliance with all requirements necessary to receive a special 

permit by December 31, 1981, at the latest. No interim permit will be 

granted for the dumping of waste from a facility which has not 

previously dumped wastes in the ocean from a new facility, or for the 

dumping of an increased amount of waste from the expansion or 

modification of an existing facility, after the effective date of these 

regulations (except when the facility is operated by a municipality now 

dumping such wastes). No interim permit will be issued for the dumping 

of any material in the ocean for which an interim permit had previously 

been issued unless the applicant demonstrates that he has exercised his 

best efforts to comply with all provisions of the previously issued 

permits. Interim permits shall specify an expiration date no later than 

one year from the date of issue.

    (e) Research permits. Research permits may be issued for the dumping 

of any materials, other than materials specified in Sec.  227.5 or for 

any of the materials listed in Sec.  227.6 except as trace contaminants, 

unless subject to the exclusion of Sec.  227.6(g), into the ocean as 

part of a research project when it is determined that the scientific 

merit of the proposed project outweighs the potential environmental or 

other damage that may result from the dumping. Research permits shall 

specify an expiration date no later than 18 months from the date of 

issue.



[[Page 190]]



    (f) Permits for incineration at sea. Permits for incineration of 

wastes at sea will be issued only as research permits or as interim 

permits until specific criteria to regulate this type of disposal are 

promulgated, except in those cases where studies on the waste, the 

incineration method and vessel, and the site have been conducted and the 

site has been designated for incineration at sea in accordance with the 

procedures of Sec.  228.4(b). In all other respects the requirements of 

parts 220 through 228 apply.



[42 FR 2468, Jan. 11, 1977; 43 FR 1071, Jan. 6, 1978]