[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: 40CFR227.16]



[Page 211-212]

 

                   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 C_Need for Ocean Dumping

 

Sec.  227.16  Basis for determination of need for ocean dumping.



    (a) A need for ocean dumping will be considered to have been 

demonstrated when a thorough evaluation of the factors listed in Sec.  

227.15 has been made, and the Administrator, Regional Administrator or 

District Engineer, as the case may be, has determined that the following 

conditions exist where applicable:

    (1) There are no practicable improvements which can be made in 

process technology or in overall waste treatment to reduce the adverse 

impacts of the waste on the total environment;

    (2) There are no practicable alternative locations and methods of 

disposal or recycling available, including without limitation, storage 

until treatment facilities are completed, which have less adverse 

environmental impact or potential risk to other parts of the environment 

than ocean dumping.

    (b) For purposes of paragraph (a) of this section, waste treatment 

or improvements in processes and alternative methods of disposal are 

practicable when they are available at reasonable incremental cost and 

energy expenditures, which need not be competitive with the costs of 

ocean dumping, taking into account the environmental benefits derived 

from such activity, including the relative adverse environmental impacts 

associated with the use of alternatives to ocean dumping.

    (c) The duration of permits issued under subchapter H and other 

terms and conditions imposed in those permits shall be determined after 

taking into account the factors set forth in this section. 

Notwithstanding compliance with subparts B, D, and E of this part 227 

permittees may, on the basis



[[Page 212]]



of the need for and alternatives to ocean dumping, be required to 

terminate all ocean dumping by a specified date, to phase out all ocean 

dumping over a specified period or periods, to continue research and 

development of alternative methods of disposal and make periodic reports 

of such research and development in order to provide additional 

information for periodic review of the need for and alternatives to 

ocean dumping, or to take such other action as the Administrator, the 

Regional Administrator, or District Engineer, as the case may be, 

determines to be necessary or appropriate.