[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR324.4]

[Page 421]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 324_PERMITS FOR OCEAN DUMPING OF DREDGED MATERIAL--Table of Contents
 
Sec.  324.4  Special procedures.

    The Secretary of the Army has delegated to the Chief of Engineers 
the authority to issue or deny section 103 permits. The following 
additional procedures shall also be applicable under this regulation.
    (a) Public notice. For all applications for section 103 permits, the 
district engineer will issue a public notice which shall contain the 
information specified in 33 CFR 325.3.
    (b) Evaluation. Applications for permits for the transportation of 
dredged material for the purpose of dumping it in ocean waters will be 
evaluated to determine whether the proposed dumping will unreasonably 
degrade or endanger human health, welfare, amenities, or the marine 
environment, ecological systems or economic potentialities. District 
engineers will apply the criteria established by the Administrator of 
EPA pursuant to section 102 of the Marine Protection, Research and 
Sanctuaries Act of 1972 in making this evaluation. (See 40 CFR parts 
220-229) Where ocean dumping is determined to be necessary, the district 
engineer will, to the extent feasible, specify disposal sites using the 
recommendations of the Administrator pursuant to section 102(c) of the 
Act.
    (c) EPA review. When the Regional Administrator, EPA, in accordance 
with 40 CFR 225.2(b), advises the district engineer, in writing, that 
the proposed dumping will comply with the criteria, the district 
engineer will complete his evaluation of the application under this part 
and 33 CFR parts 320 and 325. If, however, the Regional Administrator 
advises the district engineer, in writing, that the proposed dumping 
does not comply with the criteria, the district engineer will proceed as 
follows:
    (1) The district engineer will determine whether there is an 
economically feasible alternative method or site available other than 
the proposed ocean disposal site. If there are other feasible 
alternative methods or sites available, the district engineer will 
evaluate them in accordance with 33 CFR parts 320, 322, 323, and 325 and 
this part, as appropriate.
    (2) If the district engineer determines that there is no 
economically feasible alternative method or site available, and the 
proposed project is otherwise found to be not contrary to the public 
interest, he will so advise the Regional Administrator setting forth his 
reasons for such determination. If the Regional Administrator has not 
removed his objection within 15 days, the district engineer will submit 
a report of his determination to the Chief of Engineers for further 
coordination with the Administrator, EPA, and decision. The report 
forwarding the case will contain the analysis of whether there are other 
economically feasible methods or sites available to dispose of the 
dredged material.
    (d) Chief of Engineers review. The Chief of Engineers shall evaluate 
the permit application and make a decision to deny the permit or 
recommend its issuance. If the decision of the Chief of Engineers is 
that ocean dumping at the proposed disposal site is required because of 
the unavailability of economically feasible alternatives, he shall so 
certify and request that the Secretary of the Army seek a waiver from 
the Administrator, EPA, of the criteria or of the critical site 
designation in accordance with 40 CFR 225.4.