[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: 40CFR227.3]



[Page 206]

 

                   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.  227.3  Materials which do not satisfy the environmental impact 

criteria set forth in subpart B.



    If the material proposed for ocean dumping does not satisfy the 

environmental impact criteria of subpart B, the Administrator or the 

Regional Administrator, as the case may be, will deny the permit 

application; provided however, that he may issue an interim permit 

pursuant to paragraph (d) of Sec.  220.3 and subpart F of this part 227 

when he determines that:

    (a) The material proposed for dumping does not contain any of the 

materials listed in Sec.  227.6 except as trace contaminants, or any of 

the materials listed in Sec.  227.5;

    (b) In accordance with subpart C there is a need to ocean dump the 

material; and

    (c) Any one of the following factors is of greater significance to 

the public interest than the potential for adverse impact on the marine 

environment, as determined in accordance with Subpart B:

    (1) The need for the dumping, as determined in accordance with 

subpart C; or

    (2) The adverse effects of denial of the permit on recreational or 

economic values as determined in accordance with subpart D; or

    (3) The adverse effects of denial of the permit on other uses of the 

ocean, as determined in accordance with subpart E.