[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: 40CFR227.25]



[Page 214]

 

                   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 F_Special Requirements for Interim Permits Under Section 102 of 

                                 the Act

 

Sec.  227.25  Contents of plans.



    In addition to the environmental assessment required by Sec.  

227.24, a plan developed pursuant to this subpart F must include a 

schedule for eliminating ocean dumping or bringing the wastes into 

compliance with the environmental impact criteria of subpart B, 

including without limitation, the following:

    (a) If the waste is treated to the degree necessary to bring it into 

compliance with the ocean dumping criteria, the applicant should provide 

a description of the treatment and a scheduled program for treatment and 

a subsequent analysis of treated material to prove the effectiveness of 

the process.

    (b) If treatment cannot be effected by post-process techniques the 

applicant should, determining the offending constituents, examine his 

raw materials and his total process to determine the origin of the 

pollutant. If the offending constituents are found in the raw material 

the applicant should consider a new supplier and provide an analysis of 

the new material to prove compliance. Raw materials are to include all 

water used in the process. Water from municipal sources complying with 

drinking water standards is acceptable. Water from other sources such as 

private wells should be analyzed for contaminants. Water that has been 

used in the process should be considered for treatment and recycling as 

an additional source of process water.

    (c) If offending constituents are a result of the process, the 

applicant should investigate and describe the source of the 

constituents. A report of this information will be submitted to EPA and 

the applicant will then submit a proposal describing possible 

alternatives to the existing process or processes and level of cost and 

effectiveness.

    (d) If an acceptable alternative to ocean dumping or additional 

control technology is required, a schedule and documentation for 

implementation of the alternative or approved control process shall be 

submitted and shall include, without limitation:

    (1) Engineering plan;

    (2) Financing approval;

    (3) Starting date for change;

    (4) Completion date;

    (5) Operation starting date.

    (e) If an acceptable alternative does not exist at the time the 

application is submitted, the applicant will submit an acceptable in-

house research program or employ a competent research institution to 

study the problem. The program of research must be approved by the 

Administrator or Regional Administrator, as the case may be, before the 

initiation of the research. The schedule and documentation for 

implementation of a research program will include, without limitation:

    (1) Approaches;

    (2) Experimental design;

    (3) Starting date;

    (4) Reporting intervals;

    (5) Proposed completion date;

    (6) Date for submission of final report.