[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: 40CFR223.2]



[Page 199-200]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 223_CONTENTS OF PERMITS; REVISION, REVOCATION OR LIMITATION OF OCEAN 

DUMPING PERMITS UNDER SECTION 104(d) OF THE ACT--Table of Contents

 

  Subpart B_Procedures for Revision, Revocation or Limitation of Ocean 

             Dumping Permits Under Section 104(d) of the Act

 

Sec.  223.2  Scope of these rules.





    (a) These rules of practice shall govern all proceedings under 

section 104(d) of the Marine Protection, Research, and Sanctuaries Act 

of 1972, as amended (33 U.S.C. 1414(d)), to revise, revoke or limit the 

terms and conditions of any permit issued pursuant to section 102 of the 

Act. Section 104(d) provides that ``the Administrator * * * may limit or 

deny the issuance of permits, or he may alter or revoke partially or 

entirely the terms of permits issued by him under this title, for the 

transportation for dumping, or for the dumping, or both of specified 

materials or classes of materials, where he finds that such



[[Page 200]]



materials cannot be dumped consistently with the criteria and other 

factors required to be applied in evaluating the permit application.''

    (b) In the absence of specific provisions in these rules, and where 

appropriate, questions arising at any stage of the proceedings shall be 

resolved at the discretion of the Presiding Officer, the Regional 

Administrator, or the Administrator, as appropriate.