[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: 40CFR228.11]



[Page 222]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 228_CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING

--Table of Contents

 

Sec.  228.11  Modification in disposal site use.



    (a) Modifications in disposal site use which involve the withdrawal 

of designated disposal sites from use or permanent changes in the total 

specified quantities or types of wastes permitted to be discharged to a 

specific disposal site will be made through promulgation of an amendment 

to the disposal site designation set forth in this part 228 and will be 

based on the results of the analyses of impact described in Sec.  228.10 

or upon changed circumstances concerning use of the site.

    (b) Modifications in disposal site use promulgated pursuant to 

paragraph (a) of this section shall not automatically modify conditions 

of any outstanding permit issued pursuant to this subchapter H, and 

provided further that unless the EPA management authority for such site 

modifies, revokes or suspends such permit or any of the terms or 

conditions of such permit in accordance with the provisions of Sec.  

232.2 based on the results of impact analyses as described in Sec.  

228.10 or upon changed circumstances concerning use of the site, such 

permit will remain in force until its expiration date.

    (c) When the EPA management authority determines that activities at 

a disposal site have placed the site in Impact Category I, the 

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

place such limitations on the use of the site as are necessary to reduce 

the impacts to acceptable levels.

    (d) The determination of the Administrator as to whether to 

terminate or limit use of a disposal site will be based on the impact of 

disposal at the site itself and on the Criteria.



[42 FR 2482, Jan. 11, 1977; 43 FR 1071, Jan. 6, 1978]