[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: 40CFR227.1]



[Page 204-205]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 227_CRITERIA FOR THE EVALUATION OF PERMIT APPLICATIONS FOR OCEAN 

DUMPING OF MATERIALS--Table of Contents

 

                            Subpart A_General

 

Sec.  227.1  Applicability.









                            Subpart A_General



Sec.

227.1 Applicability.

227.2 Materials which satisfy the environmental impact criteria of 

          subpart B.

227.3 Materials which do not satisfy the environmental impact criteria 

          set forth in subpart B.



                     Subpart B_Environmental Impact



227.4 Criteria for evaluating environmental impact.

227.5 Prohibited materials.

227.6 Constituents prohibited as other than trace contaminants.

227.7 Limits established for specific wastes or waste constituents.

227.8 Limitations on the disposal rates of toxic wastes.

227.9 Limitations on quantities of waste materials.

227.10 Hazards to fishing, navigation, shorelines or beaches.

227.11 Containerized wastes.

227.12 Insoluble wastes.

227.13 Dredged materials.



                    Subpart C_Need for Ocean Dumping



227.14 Criteria for evaluating the need for ocean dumping and 

          alternatives to ocean dumping.

227.15 Factors considered.

227.16 Basis for determination of need for ocean dumping.



 Subpart D_Impact of the Proposed Dumping on Esthetic, Recreational and 

                             Economic Values



227.17 Basis for determination.

227.18 Factors considered.

227.19 Assessment of impact.



   Subpart E_Impact of the Proposed Dumping on Other Uses of the Ocean



227.20 Basis for determination.

227.21 Uses considered.

227.22 Assessment of impact.



Subpart F_Special Requirements for Interim Permits Under Section 102 of 

                                 the Act



227.23 General requirement.

227.24 Contents of environmental assessment.

227.25 Contents of plans.

227.26 Implementation of plans.



                          Subpart G_Definitions



227.27 Limiting permissible concentration (LPC).

227.28 Release zone.

227.29 Initial mixing.

227.30 High-level radioactive waste.

227.31 Applicable marine water quality criteria.

227.32 Liquid, suspended particulate, and solid phases of a material.



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



    Source: 42 FR 2476, Jan. 11, 1977, unless otherwise noted.



[[Page 205]]







    (a) Section 102 of the Act requires that criteria for the issuance 

of ocean disposal permits be promulgated after consideration of the 

environmental effect of the proposed dumping operation, the need for 

ocean dumping, alternatives to ocean dumping, and the effect of the 

proposed action on esthetic, recreational and economic values and on 

other uses of the ocean. These parts 227 and 228 of this subchapter H 

together constitute the criteria established pursuant to section 102 of 

the Act. The decision of the Administrator, Regional Administrator or 

the District Engineer, as the case may be, to issue or deny a permit and 

to impose specific conditions on any permit issued will be based on an 

evaluation of the permit application pursuant to the criteria set forth 

in this part 227 and upon the requirements for disposal site management 

pursuant to the cri teria set forth in part 228 of this sub chapter H.

    (b) With respect to the criteria to be used in evaluating disposal 

of dredged materials, this section and subparts C, D, E, and G apply in 

their entirety. To determine whether the proposed dumping of dredged 

material complies with subpart B, only Sec. Sec.  227.4, 227.5, 227.6, 

227.9, 227.10 and 227.13 apply. An applicant for a permit to dump 

dredged material must comply with all of subparts C, D, E, G and 

applicable sections of B, to be deemed to have met the EPA criteria for 

dredged material dumping promulgated pursuant to section 102(a) of the 

Act. If, in any case, the Chief of Engineers finds that, in the 

disposition of dredged material, there is no economically feasible 

method or site available other than a dumping site, the utilization of 

which would result in noncompliance with the criteria established 

pursuant to subpart B relating to the effects of dumping or with the 

restrictions established pursuant to section 102(c) of the Act relating 

to critical areas, he shall so certify and request that the Secretary of 

the Army seek a waiver from the Administrator pursuant to part 225.

    (c) The Criteria of this part 227 are established pursuant to 

section 102 of the Act and apply to the evaluation of proposed dumping 

of materials under title I of the Act. The Criteria of this part 227 

deal with the evaluation of proposed dumping of materials on a case-by-

case basis from information supplied by the applicant or otherwise 

available to EPA or the Corps of Engineers concerning the 

characteristics of the waste and other considerations relating to the 

proposed dumping.

    (d) After consideration of the provisions of Sec. Sec.  227.28 and 

227.29, no permit will be issued when the dumping would result in a 

violation of applicable water quality standards.