[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: 40CFR228.4]



[Page 218-219]

 

                   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.  228.4  Procedures for designation of sites.



    (a) General Permits. Geographical areas or regions within which 

materials may be dumped under a general permit will be published as part 

of the promulgation of each general permit.

    (b) Special and Interim Permits. Areas where ocean dumping is 

permitted subject to the specific conditions of individual special or 

interim permits, will be designated by promulgation in this part 228, 

and such designation will be made based on environmental studies of each 

site, regions adjacent to the site, and on historical knowledge of the 

impact of waste disposal on areas similar to such sites in physical, 

chemical, and biological characteristics. All studies for the evaluation 

and potential selection of dumping sites will be conducted in accordance 

with the requirements of Sec. Sec.  228.5 and 228.6.



The Administrator may, from time to time, designate specific locations 

for temporary use for disposal of small amounts of materials under a 

special permit only without disposal site designation studies when such 

materials satisfy the Criteria and the Administrator determines that the 

quantities to be disposed of at such sites will not result in 

significant impact on the environment. Such designations will be done by 

promulgation in this part 228, and will be for a specified period of 

time and for specified quantities of materials.

    (c) Emergency Permits. Dumping sites for materials disposed of under 

an emergency permit will be specified by the Administrator as a permit 

condition and will be based on an individual appraisal of the 

characteristics of the waste and the safest means for its disposal.

    (d) Research Permits. Dumping sites for research permits will be 

determined by the nature of the proposed study. Dumping sites will be 

specified by the Administrator as a permit condition.

    (e) Dredged Material Permits. (1) Areas where ocean dumping of 

dredged material is permitted subject to the specific



[[Page 219]]



conditions of Dredged Material permits issued by the U.S. Army Corps of 

Engineers will be designated by EPA promulgation in this part 228, and 

such designation will be made based on environmental studies of each 

site, regions adjacent to the site, and on historical knowledge of the 

impact of dredged material disposal on areas similar to such sites in 

physical, chemical, and biological characteristics. All studies for the 

evaluation and potential selection of dredged material disposal sites 

will be conducted in accordance with the appropriate requirements of 

Sec. Sec.  228.5 and 228.6, except that:

    (i) Baseline or trend assessment requirements may be developed on a 

case-by-case basis from the results of research, including that now in 

progress by the Corps of Engineers.

    (ii) An environmental impact assessment for all sites within a 

particular geographic area may be prepared based on complete disposal 

site designation or evaluation studies on a typical site or sites in 

that area. In such cases, sufficient studies to demonstrate the generic 

similarity of all sites within such a geographic area will be conducted.

    (2) In those cases where a recommended disposal site has not been 

designated by the Administrator, or where it is not feasible to utilize 

a recommended disposal site that has been designated by the 

Administrator, the District Engineer shall, in consultation with EPA, 

select a site in accordance with the requirements of Sec. Sec.  228.5 

and 228.6(a). Concurrence by EPA in permits issued for the use of such 

site for the dumping of dredged material at the site will constitute EPA 

approval of the use of the site for dredged material disposal only.

    (3) Sites designated for the ocean dumping of dredged material in 

accordance with the procedures of paragraph (e) (1) or (2) of this 

section shall be used only for the ocean dumping of dredged material 

under permits issued by the U.S. Army Corps of Engineers.