[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: 40CFR228.6]



[Page 219-220]

 

                   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.  228.6  Specific criteria for site selection.



    (a) In the selection of disposal sites, in addition to other 

necessary or appropriate factors determined by the Administrator, the 

following factors will be considered:

    (1) Geographical position, depth of water, bottom topography and 

distance from coast;

    (2) Location in relation to breeding, spawning, nursery, feeding, or 

passage areas of living resources in adult or juvenile phases;



[[Page 220]]



    (3) Location in relation to beaches and other amenity areas;

    (4) Types and quantities of wastes proposed to be disposed of, and 

proposed methods of release, including methods of packing the waste, if 

any;

    (5) Feasibility of surveillance and monitoring;

    (6) Dispersal, horizontal transport and vertical mixing 

characteristics of the area, including prevailing current direction and 

velocity, if any;

    (7) Existence and effects of current and previous discharges and 

dump ing in the area (including cumulative effects);

    (8) Interference with shipping, fishing, recreation, mineral 

extraction, desalination, fish and shellfish culture, areas of special 

scientific importance and other legitimate uses of the ocean;

    (9) The existing water quality and ecology of the site as determined 

by available data or by trend assessment or baseline surveys;

    (10) Potentiality for the development or recruitment of nuisance 

species in the disposal site;

    (11) Existence at or in close proximity to the site of any 

significant natural or cultural features of historical importance.

    (b) The results of a disposal site evaluation and/or designation 

study based on the criteria stated in paragraphs (b)(1) through (11) of 

this section will be presented in support of the site designation 

promulgation as an environmental assessment of the impact of the use of 

the site for disposal, and will be used in the preparation of an 

environmental impact statement for each site where such a statement is 

required by EPA policy. By publication of a notice in accordance with 

this part 228, an environmental impact statement, in draft form, will be 

made available for public comment not later than the time of publication 

of the site designation as proposed rulemaking, and a final EIS will be 

made available at the time of final rulemaking.