[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: 40CFR222.3]



[Page 192-194]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 222_ACTION ON OCEAN DUMPING PERMIT APPLICATIONS UNDER SECTION 102 

OF THE ACT--Table of Contents

 

Sec.  222.3  Notice of applications.



    (a) Contents. Notice of every complete application for a general, 

special, interim, emergency and research permit shall, in addition to 

any other material, include the following:

    (1) A summary of the information included in the permit application;

    (2) Any tentative determinations made pursuant to paragraph (b) of 

Sec.  222.2;

    (3) A brief description of the procedures set forth in Sec.  222.5 

for requesting a public hearing on the application including 

specification of the date by which requests for a public hearing must be 

filed;

    (4) A brief statement of the factors considered in reaching the 

tentative determination with respect to the permit and, in the case of a 

tentative determination to issue the permit, the reasons for the choice 

of the particular permit conditions selected; and



[[Page 193]]



    (5) The location at which interested persons may obtain further 

information on the proposed dumping, including copies of any relevant 

documents.

    (b) Publication--(1) Special, interim and research permits. Notice 

of every complete application for special, interim and research permits 

shall be given by:

    (i) Publication in a daily newspaper of general circulation in the 

State in closest proximity to the proposed dump site; and

    (ii) Publication in a daily newspaper of general circulation in the 

city in which is located the office of the Administrator or the Regional 

Administrator, as the case may be, giving notice of the permit 

application.

    (2) General permits. Notice of every complete application for a 

general permit or notice of action proposed to be taken by the 

Administrator to issue a general permit, without an application, shall 

be given by publication in the Federal Register.

    (3) Emergency permits. Notice of every complete application for an 

emergency permit shall be given by publication in accordance with 

paragraphs (b)(1)(i) and (ii) of this section; Provided, however, That 

no such notice and no tentative determination in accordance with Sec.  

222.2 shall be required in any case in which the Administrator 

determines:

    (i) That an emergency, as defined in paragraph (c) of Sec.  220.3 

exists;

    (ii) That the emergency poses an unacceptable risk relating to human 

health;

    (iii) That the emergency admits of no other feasible solution; and

    (iv) That the public interest requires the issuance of an emergency 

permit as soon as possible.



Notice of any determination made by the Administrator pursuant to this 

paragraph (b)(3) shall be given as soon as practicable after the 

issuance of the emergency permit by publication in accordance with 

paragraphs (b)(1)(i) and (ii) and with paragraphs (a), (c) through (i) 

of this section.

    (c) Copies of notice sent to specific persons. In addition to the 

publication of notice required by paragraph (b) of this section, copies 

of such notice will be mailed by the Administrator or the Regional 

Administrator, as the case may be, to any person, group or Federal, 

State or local agency upon request. Any such request may be a standing 

request for copies of such notices and shall be submitted in writing to 

the Administrator or to any Regional Administrator and shall relate to 

all or any class of permit applications which may be acted upon by the 

Administrator or such Regional Administrator, as the case may be.

    (d) Copies of notice sent to States. In addition to the publication 

of notice required by paragraph (b) of this section, copies of such 

notice will be mailed to the State water pollution control agency and to 

the State agency responsible for carrying out the Coastal Zone 

Management Act, if such agency exists, for each coastal State within 500 

miles of the proposed dumping site.

    (e) Copies of notice sent to Corps of Engineers. In addition to the 

publication of notice required by paragraph (b) of this section, copies 

of such notice will be mailed to the office of the appropriate District 

Engineer of the U.S. Army Corps of Engineers for purposes of section 

106(c) of the Act, (pertaining to navigation, harbor approaches, and 

artificial islands on the outer continental shelf).

    (f) Copies of notice sent to Coast Guard. In addition to the 

publication of notice required by paragraph (b) of this section, copies 

of such notice will be sent to the appropriate district office of the 

U.S. Coast Guard for review and possible suggestion of additional 

conditions to be included in the permit to facilitate surveillance and 

enforcement.

    (g) Fish and Wildlife Coordination Act. The Fish and Wildlife 

Coordination Act, Reorganization Plan No. 4 of 1970, and the Act require 

that the Administrator or the Regional Administrator, as the case may 

be, consult with appropriate regional officials of the Departments of 

Commerce and Interior, the Regional Director of the NMFS-NOAA, and the 

agency exercising administrative jurisdiction over the fish and wildlife 

resources of the States subject to any dumping prior to the issuance of 

a permit under this subchapter H. Copies of the notice shall be sent to 

the persons noted in paragraph (g) of this section.



[[Page 194]]



    (h) Copies of notice sent to Food and Drug Administration. In 

addition to the publication of notice required by paragraph (b) of this 

section, copies of such notice will be mailed to Food and Drug 

Administration, Shellfish Sanitation Branch (HF-417), 200 C Street SW., 

Washington, DC 20204.

    (i) Failure to give certain notices. Failure to send copies of any 

public notice in accordance with paragraphs (c) through (h) of this 

section shall not invalidate any notice given pursuant to this section 

nor shall such failure invalidate any subsequent administrative 

proceeding.

    (j) Failure of consulted agency to respond. Unless advice to the 

contrary is received from the appropriate Federal or State agency within 

30 days of the date copies of any public notice were dispatched to such 

agency, such agency will be deemed to have no objection to the issuance 

of the permit identified in the public notice.