[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: 40CFR223.3]



[Page 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.  223.3  Preliminary determination; notice.



    (a) General. Any general, special, emergency, interim or research 

permit issued pursuant to section 102 of the Act shall be subject to 

revision, revocation or limitation, in whole or in part, as the result 

of a determination by the Administrator or Regional Administrator that:

    (1) The cumulative impact of the permittee's dumping activities or 

the aggregate impact of all dumping activities at the dump site 

designated in the permit should be categorized as Impact Category I, as 

defined in Sec.  228.10(c)(1) of this subchapter; or

    (2) There has been a change in circumstances relating to the 

management of the disposal site designated in the permit; or

    (3) The dumping authorized by the permit would violate applicable 

water quality standards; or

    (4) The dumping authorized by the permit can no longer be carried 

out consistent with the criteria set forth in parts 227 and 228.

    (b) Preliminary determination. Whenever any person authorized by the 

Administrator or Regional Administrator to (1) periodically review 

permits pursuant to section 104(d) of the Act or (2) otherwise assess 

the need for revision, revocation or limitation of a permit makes any of 

the determinations listed in paragraph (a) of this section with respect 

to a permit issued pursuant to section 102 of the Act, and additionally 

determines that revision, revocation or limitation of such permit is 

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

be, shall provide notification of such proposed revision, revocation or 

limitation to the permittee named in the permit, if any, the public, and 

any cognizant Federal/State agencies pursuant to paragraph (c) of this 

section.

    (c) Form of notification. Notice of any proposed revision, 

revocation or limitation of a permit shall be sent to the permittee by 

certified mail, re turn receipt requested, and shall be pub lished and 

otherwise disseminated in the manner described in Sec.  222.3 (b) 

through (h).

    (d) Contents of notice. The notice of any proposed revision, 

revocation or limitation of a permit issued pursuant to paragraph (b) of 

this section shall include, in addition to any other materials, the 

following:

    (1) A brief description of the contents of the permit, as set forth 

in Sec.  223.1;

    (2) A description of the proposed revision, revocation, or 

limitation;

    (3) A statement of the reason for such proposed revision, 

revocation, or limitation; and

    (4) A statement that within thirty (30) days of the date of 

dissemination of the notice, any person may request a public hearing on 

the proposed revision, revocation or limitation.