[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: 40CFR230.2]



[Page 256]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 230_SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES 

FOR DREDGED OR FILL MATERIAL--Table of Contents

 

                            Subpart A_General

 

Sec.  230.2  Applicability.



    (a) These Guidelines have been developed by the Administrator of the 

Environmental Protection Agency in conjunction with the Secretary of the 

Army acting through the Chief of Engineers under section 404(b)(1) of 

the Clean Water Act (33 U.S.C. 1344). The Guidelines are applicable to 

the specification of disposal sites for discharges of dredged or fill 

material into waters of the United States. Sites may be specified 

through:

    (1) The regulatory program of the U.S. Army Corps of Engineers under 

sections 404(a) and (e) of the Act (see 33 CFR Parts 320, 323 and 325);

    (2) The civil works program of the U.S. Army Corps of Engineers (see 

33 CFR 209.145 and section 150 of Pub. L. 94-587, Water Resources 

Development Act of 1976);

    (3) Permit programs of States approved by the Administrator of the 

Environmental Protection Agency in accordance with section 404(g) and 

(h) of the Act (see 40 CFR parts 122, 123 and 124);

    (4) Statewide dredged or fill material regulatory programs with best 

management practices approved under section 208(b)(4)(B) and (C) of the 

Act (see 40 CFR 35.1560);

    (5) Federal construction projects which meet criteria specified in 

section 404(r) of the Act.

    (b) These Guidelines will be applied in the review of proposed 

discharges of dredged or fill material into navigable waters which lie 

inside the baseline from which the territorial sea is measured, and the 

discharge of fill material into the territorial sea, pursuant to the 

procedures referred to in paragraphs (a)(1) and (2) of this section. The 

discharge of dredged material into the territorial sea is governed by 

the Marine Protection, Research, and Sanctuaries Act of 1972, Pub. L. 

92-532, and regulations and criteria issued pursuant thereto (40 CFR 

parts 220 through 228).

    (c) Guidance on interpreting and implementing these Guidelines may 

be prepared jointly by EPA and the Corps at the national or regional 

level from time to time. No modifications to the basic application, 

meaning, or intent of these Guidelines will be made without rulemaking 

by the Administrator under the Administrative Procedure Act (5 U.S.C. 

551 et seq.).