[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: 40CFR230.80]



[Page 277]

 

                   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 I_Planning To Shorten Permit Processing Time

 

Sec.  230.80  Advanced identification of disposal areas.





    (a) Consistent with these Guidelines, EPA and the permitting 

authority, on their own initiative or at the request of any other party 

and after consultation with any affected State that is not the 

permitting authority, may identify sites which will be considered as:

    (1) Possible future disposal sites, including existing disposal 

sites and non-sensitive areas; or

    (2) Areas generally unsuitable for disposal site specification;

    (b) The identification of any area as a possible future disposal 

site should not be deemed to constitute a permit for the discharge of 

dredged or fill material within such area or a specification of a 

disposal site. The identification of areas that generally will not be 

available for disposal site specification should not be deemed as 

prohibiting applications for permits to discharge dredged or fill 

material in such areas. Either type of identification constitutes 

information to facilitate individual or General permit application and 

processing.

    (c) An appropriate public notice of the proposed identification of 

such areas shall be issued;

    (d) To provide the basis for advanced identification of disposal 

areas, and areas unsuitable for disposal, EPA and the permitting 

authority shall consider the likelihood that use of the area in question 

for dredged or fill material disposal will comply with these Guidelines. 

To facilitate this analysis, EPA and the permitting authority should 

review available water resources management data including data 

available from the public, other Federal and State agencies, and 

information from approved Coastal Zone Management programs and River 

Basin Plans;

    (e) The permitting authority should maintain a public record of the 

identified areas and a written statement of the basis for 

identification.