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strated that the quantities of wastes and the methods of disposal will not result in irreparable or irrevocable harmful effects on the marine environment. Until such time as specific quantitative criteria are available for guidance, EPA approval will be based on a case-by-case evaluation of each application. Evidence of the acceptability of proposed acts of dumping will be required from the applicant according to the criteria in §§ 227.31 through 227.36.

§ 227.31 Materials requiring special

care.

(a) Permits may be issued for the dumping of the materials described in paragraph (b) of this section if the applicant can demonstrate:

(1) Through the use of acceptable bioassay or other scientific data that dumping of the material in the proposed quantities and qualities will have minimal adverse effects on the ocean environment; and

(2) That the material proposed for dumping contains less than the limiting permissible concentration of total pollutants as defined in § 227.71.

(b) Wastes containing one or more of the following materials shall be treated as requiring special care:

(1) The elements, ions, and compounds of:

Arsenic.

Lead.

Copper.

Zinc.

Selenium.

Vanadium.

Beryllium. Chromium. Nickel.

(2) Organosilicon compounds and compounds which may form such substances in the marine environment.

(3) Inorganic processing wastes, including cyanides, fluorides, titanium dioxide wastes, and chlorine.

(4) Petrochemicals, organic chemicals, and organic processing wastes, including, but not limited to:

Aliphatic solvents.

Phenols.

Plastic intermediates and byproducts. Plastics.

Amines.

Polycyclic aromatics.

Phthalate esters.

Detergents.

(5) Biocides not prohibited elsewhere, including, but not limited to:

Organophosphorus compounds. Carbamate compounds. Herbicides.

Insecticides.

(6) Oxygen-consuming and/or biodegradable organic matter.

(7) Radioactive wastes not otherwise prohibited.

As a general policy, the containment of radioactive materials (see § 227.35) is indicated rather than their direct dispersion and dilution in ocean waters.

(8) Materials on any list of toxic pollutants published under section 307 (a) of Public Law 92-500, and materials designated as hazardous substances under section 311(b) (2) (A) of Public Law 92-500.

§ 227.32 Hazards to fishing or navigation.

Wastes which may present a serious obstacle to fishing or navigation may be disposed of only at dumping sites and under conditions which will insure no interference with fishing or navigation. § 227.33 Large quantities of materials.

Substances of a nontoxic nature which may damage the ocean environment due to the quantities in which they are dumped, or which are liable to seriously reduce amenities, may be dumped only when the quantities to be dumped at a single time and place are controlled to prevent damage to the environment or to amenities.

§ 227.34 Acids and alkalis.

In the dumping of large quantities of acids and alkalis, consideration shall be given: (a) To the effects of any change in acidity or alkalinity of the water at the disposal site; and (b) to the potential for synergistic effects or for the formation of toxic compounds in the dumping area. Dumping conditions must be such as to produce no permanent damage in the ocean environment.

§ 227.35 Containerized wastes.

(a) Wastes containerized solely for transport to the dumping site and expected to rupture or leak on impact or shortly thereafter must meet the requirements of §§ 227.22, 227,31, 227,32, and 227.36.

(b) Other containerized wastes will be approved for dumping only under the following conditions:

(1) The materials to be disposed of decay, or decompose or radiodecay to en

vironmentally innocuous materials considering the life expectancy of the containers and/or their inert matrix; and

(2) Materials to be disposed of are present in such quantities and are of such nature that only insignificant, short-term localized adverse effects will occur should the containers rupture at any time; and

(3) Containers are disposed of at depths and locations where they will cause no threat to navigation or fishing. § 227.36 Materials containing living organisms.

It is prohibited to dump sewage sludge, dredged material, or any other material which would:

(a) Extend the range of biological pests, viruses, pathogenic micro-organisms or other agents capable of infesting, infecting, or altering the normal populations of organisms,

(b) Degrade uninfected areas, or

(c) Introduce viable species not indigenous to an area.

§ 227.40 Emergency permits and interim special permits.

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After consultation with other appropriate persons, the Administrator may issue a special permit to dump materials described in § 227.22, where there is demonstrated to exist an emergency requiring the dumping of such material, which poses an unacceptble risk relating to human health and admits of no other feasible solution. Emergency refers to situations requiring action with a marked degree of urgency, but is not limited in its application to circumstances requiring immediate action. No emergency permit for the dumping of materials described in § 227.22 shall be issued without prior consultation with Department of State.

§ 227.42 Interim special permits.

It is the intent of this program to prevent or strictly regulate the disposal to the marine environment of any materials damaging to that environment. The basis for determining limiting permissible concentrations and quantities of known toxic or otherwise damaging materials, based on existing knowledge, is given in §§ 227.22 and 227.3. When an applicant wishes to dump any of the materials listed in § 227.22 or § 227.33 in concentrations in excess of the trace or limiting permissible concentrations, in addition

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to evaluation of potential environmental impact a thorough review of the actual need for the dumping and possible alternatives will be made in evaluating the permit application, and the decision on whether or not to grant an interim special permit will be based, in part, on consideration of the following factors relative to the need for and alternatives to dumping:

(a) Degree of treatment feasible for the waste to be dumped, and whether or not the waste material has been or will be treated to this degree before dumping.

(b) Manufacturing or other processes resulting in the waste, and whether or not these processes are essential, or if other less polluting processes could be used.

(c) The relative environmental impact and cost for ocean dumping as opposed to land disposal, deep-well injection, or other possible alternatives, after the best practical waste treatment has been carried out.

(d) Temporary and/or permanent effect of the dumping on alternative uses of the oceans, such as navigation, living resources exploitation, nonliving resource exploitation, scientific study, and other legitimate uses of the oceans, as opposed to the impact on other parts of the environment of alternate means of disposal.

§ 227.43 Implementation plans.

In no event will an ir.terim special permit be granted for the dumping of materials which violate the provisions of § 227.22 or § 227.3 unless the permit applicant can: (a) Demonstrate the need for the proposed dumping as compared to alternative locations and methods of disposal or recycling, (b) demonstrate that the need for the proposed dumping outweighs the potential harm which may take place as a result of such dumping, and (c) provide a satisfactory implementation plan covering future dumping activities and fully adhere to the plan. For industrial sources, any such plan shall provide for:

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(a) By not later than July 1, 1977, the application of the best practicable technology currently available for the removal of such materials, as determined by the Administrator;

(b) By not later than July 1, 1983, the application of the best availble technology economically available for the removal of such material, as determined by the Administrator, which will result in reasonable further progress toward the

goal of achieving compliance with the requirements of this part.

§ 227.50 Generally regulated dumping and disposal acts.

§ 227.51 Wastes of a nontoxic nature. Liquid waste phases containing none of the materials listed in §§ 227.22 and 227.31 may be regarded as basically nontoxic in the marine environment. Solid waste phases containing any or all of the materials listed in §§ 227.22 and 227.31 in forms insoluble or soluble but not exceeding the trace or limiting permissible concentrations (see § 227.71) may also be regarded as nontoxic in the marine environment.

§ 227.52 Solid wastes of natural origin. Solid wastes of natural minerals or materials compatible with the ocean environment may be generally approved for ocean disposal provided they are insoluble below the applicable trace or limiting permissible concentrations and are rapidly and completely settleable, or they are of a particle size and density that they would be deposited or rapidly dispersed without damage to benthic, demersal, or pelagic biota.

§ 227.60

Disposal of dredged material.

The dumping of any material dredged or excavated from the navigable waters of the United States is regulated by the U.S. Army Corps of Engineers. With respect to the dumping of such material in the ocean, the following definitions and criteria will be considered:

(a) Dredged materials are bottom sediments that have been dredged or excavated from the navigable waters of the United States. In that sediments are known to include and/or to exhibit a capacity for absorption and adsorption of a wide variety of chemical substances, including manmade pollutants, the presence or absence of pollutants within sediments may be used as an index of the history of exposure of the sediments to domestic and industrial discharges, as well as urban and agricultural runoff.

(b) Because the natural processes of sediment absorption, adsorption, deposition, resuspension, and redeposition may alter the toxic or other pollutional properties of municipal, industrial, or runoff wastes incorporated into bottom sediments, precise application of the criteria of §§ 227.22 and 227.31 is not appropriate. Consequently, the criteria of the following sections will be used in differ

entiating between unpolluted and polluted dredged material.

(c) The dumping of dredged material in the ocean will be permitted subject to the conditions outlined in §§ 227.61 through 227.64 unless there is evidence that the proposed disposal will have an unacceptable adverse impact on municipal water supplies, shellfish beds, wildlife, fisheries (including spawning and breeding areas), or recreational areas.

(d) Decisions concerning the disposal of dredged material in the ocean will be based on considerations of the actual need for such disposal, alternatives to ocean dumping, the nature and extent of the environmental impact, and the economic costs or benefits involved.

§ 227.61 Unpolluted dredged material.

Dredged material may be classified as unpolluted based on the known primary source(s) of the sediments, the history of its exposure to pollutants, and its physical composition. If the sediments cannot be classified as unpolluted according to the following criteria, laboratory analyses will be required. Dredged material will be considered unpolluted if it meets one of the following conditions:

(a) The dredged material is composed essentially of sand and/or gravel, or of any other naturally occurring sedimentary materials with particle sizes larger than silts and clays, generally found in inlet channels, ocean bars, ocean entrance channels to sounds and estuaries, and other areas of normally high wave energy such as predominates at open coastlines.

(b) If the water quality at and near the dredging site is adequate, according to the applicable State water quality standards, for the propagation of fish, shellfish, and wildlife, and if the biota associated with the material to be dredged are typical of a healthy ecosystem, taking into account the normal frequency of dredging, the sediments can be reasonably classified as unpolluted.

(c) If it produces a standard elutriate in which the concentration of no major constituent is more than 1.5 times the concentration of the same constituent in the water from the proposed disposal site used for the testing. The "standard elutriate" is the supernatant resulting from the vigorous 30-minute shaking of one part bottom sediment with four parts water from the proposed disposal site followed by 1 hour of letting the mixture settle and appropriate filtration or cen

trifugation. "Major constituents" are those water quality parameters deemed critical for the proposed dredging and disposal sites taking into account known point or areal source discharges in the area, and the possible presence in their wastes of the materials in §§ 227.22 and 227.31.

§ 227.62 Disposal of unpolluted dredged material.

Material which is determined to be unpolluted may be dumped at any site which has been approved for the dumping of settleable solid wastes of natural origin.

§ 227.63 Polluted dredged material.

Any dredged material which cannot be classified as unpolluted according to the requirements of § 227.61 is regarded as polluted dredged material.

§ 227.64 Disposal of polluted dredged material.

Polluted dredged material may be disposed of in the ocean if it can be shown that the place, time, and conditions of dumping are such as to produce a minimum impact on the marine environment. When material has been found to be polluted in accordance with § 227.61(c), bioassay tests may be performed when it can be shown that the results of such tests can be used to assist in setting disposal conditions. There is at present no adequate means to identify the potential long-range harmful effects of the leaching out of toxic and/or bioaccumulative pollutants into the marine environment after the dumping of polluted dredged material. To minimize the possibility of any such harmful effects, disposal conditions must be carefully set, with particular attention being given to the following factors:

(a) Disposal site selection.-(1) Disposal sites should be areas where benthic life which might be damaged by the dumping is minimal.

(2) The disposal site must be located such that disposal operations will cause no adverse effects to known nursery or productive fishing areas. Where prevailing currents exist, the currents should be such that any suspended or dissolved matter would not be carried into known nursery or productive fishing areas or populated or protected shoreline areas.

(3) Disposal sites should be selected whose physical environmental characteristics are most amenable to the type of

dispersion desired. Environmental characteristics which may promote minimum dispersion can include weak bottom currents, minimal bottom slopes, and the existence of naturally occurring finegrained bottom sediments. Natural depressions or borrow pits may provide desirable site characteristics in some areas. Environmental characteristics which may promote maximum dispersion can include strong bottom currents, deep bottom slopes, and the existence of naturally occurring coarse-grained bottom sediments.

(b) Dumping conditions.-(1) Times of dumping should be chosen, where possible, to avoid interference with the seasonal reproductive and migratory cycles of aquatic life in the disposal area.

(2) If the type of material involved and the environmental characteristics of the disposal site should make either maximum or minimum dispersion desirable, the discharge from and movement of the vessel during dumping should be in such a manner as to obtain the desired result to the fullest extent feasible.

§ 227.65 Revision of test procedures.

Test procedures and values mentioned above are based on the best currently available knowledge and are subject to revision and modification based on the general increase of knowledge or specific information on the effects of the disposal of dredged materials in the ocean. § 227.70 Definitions.

§ 227.71 Limiting permissible concen

trations.

The limiting permissible concentration is that concentration of a waste material or chemical constituent identified in § 227.31 in the material to be dumped which, on the basis of scientific data, is believed to produce no long-term adverse environmental consequences, through bioaccumulation or otherwise, or in the receiving water which, after reasonable allowance for initial mixing in the mixing zone, will not exceed 0.01 of a concentration shown to be toxic to appropriate sensitive marine organisms in a 96-hour bioassay, or 0.01 of a level otherwise shown to be detrimental to the marine environment. The 96-hour bioassay and consequent 0.01 application factor are to be the result of the testing of a specific concentration of the waste material in seawater from the dump site, or similar to water from the dump site, that causes a 50-percent mortality of ap

propriate sensitive marine organisms in the 96-hour test period, or that produces another identifiable reliable physiological indicator of toxicity in such animals within the same time period. The 0.01 factor is based on the best available current experience and is subject to revision or modification based on the general increase in knowledge or specific information on the effects of a specific waste. § 227.72 Mixing zone.

A mixing zone is the column of water immediately contiguous to the release zone, beginning at the surface of the water and ending at the ocean floor, the thermocline or halocline, if one exists, or 20 meters, whichever is the shortest distance.

§ 227.73 Release zone.

A release zone is the area swept out by the locus of points constantly 100 meters from the perimeter of the conveyance engaged in dumping activities, beginning at the first moment in which dumping is scheduled to occur and ending at the last moment in which dumping is scheduled to occur.

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tion of the same constituent in a sample of natural seawater at the dumping site or in an adjacent area not subject to dumping.

§ 227.75 High-level radioactive wastes.

High-level radioactive waste means the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated waste from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels or irradiated fuel from nuclear power reactors.

§ 227.80

Amendment of criteria.

In the event that the Administrator or his delegate concludes that it is desirable to amend this part, he shall announce his intention of doing so by publishing notice thereof in the FEDERAL REGISTER, and shall thereafter follow the procedures prescribed in section 4 of the Administrative Procedures Act (5 U.S.C. 553). Any person proposing amendments to this part shall notify the Administrator of the amendments so proposed, and the justifications supporting the amendments so proposed. Should the Administrator reject the amendments so proposed, he shall notify the proponent of such action within 30 days of the date upon which such amendments were given to him.

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