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The aqueous solution of hydriodic acid and elemental iodine, including one or both of the surfactants (a) polyoxypropylene-polyoxyethylene glycol nonionic block polymers (minimum average molecular weight 1,900) and (b) a-(p-nonylphenyl) omega hydroxypoly (oxyethylene) having a maximum average molecular weight of 748 and in which the nonyl group is a propylene trimer isomer, is exempted from the requirement of a tolerance for residues in eggs and poultry when used as a sanitizer in poultry drinking water.

[37 FR 6581, Mar. 31, 1972]

§ 180.1023 Propionic acid; exemption

from the requirement of a tolerance. Propionic acid is exempt from the requirement of a tolerance fo residues when used as a fungicide in or on the grains of barley, corn, oats, sorghum, and wheat from postharvest application. These grains are for use only as animal feeds.

[37 FR 8450, Apr. 27, 1972]

§ 180.1024 Paraformaldehyde; exemption from the requirement of tolerance.

a

The insecticide paraformaldehyde is exempted from the requirement of a tolerance for residues in or on sugar beets (roots and tops) when applied to the soil not later than planting.

Any person who will be adversely affected by the foregoing order may at any time within 30 days after its date of publication in the FEDERAL REGISTER file with the Hearing Clerk, Environmental Protection Agency, Room 3125, South Agriculture Building, 12th Street and Independence Avenue SW., Washington, DC 20460, written objections thereto in quintuplicate. Objections shall show wherein the person filing will be adversely affected by the order and specify with particularity the provisions of the order deemed objectionable and the grounds for the objections. If a hearing is requested, the objections must state the issues for the hearing. A hearing will be granted if the objections are supported by grounds legally sufficient to justify

the relief sought. Objections may be accompanied by a memorandum or brief in support thereof.

[37 FR 14230, July 18, 1972]

§ 180.1025 Xylene; exemption from the requirement of a tolerance.

Xylene is exempted from the requirement of a tolerance when used as an aquatic herbicide applied to irrigation conveyance systems in accordance with the following conditions:

(a) It is to be used only in programs of the Bureau of Reclamation, U.S. Department of Interior, and cooperating water user organizations.

(b) It is to be applied as an emulsion at an initial concentration not to exceed 750 parts per million.

(c) It is not to be applied when there is any likelihood that the irrigation water will be used as a source of raw water for a potable water system or where return flows of such treated irrigation water into receiving rivers and streams would contain residues of xylene in excess of 10 parts per million.

(d) Xylene to be used as an aquatic herbicide shall meet the requirement limiting the presence of a polynuclear aromatic hydrocarbons as listed in § 121.1203 (b)(3) of title 21, Code of Federal Regulations.

[38 FR 16352, June 22, 1973]

§ 180.1026 N,N-Diallyl

dichloroacetamide; exemption from the requirement of a tolerance.

N,N-Diallyl dichloroacetamide is exempted from the requirement of a tolerance when used as an inert ingredient in formulations of the herbicides S-ethyl diisobutylthiocarbamate, S-ethyl dipropylthiocarbamate, and S-propyl dipropylthiocarbamate applied to cornfields before the corn plants emerge from the soil.

[38 FR 7331, Mar. 20, 1973]

§ 180.1027 Nuclear polyhedrosis virus of Heliothis zea; exemption from the requirement of a tolerance.

(a) For the purposes of this section, the viral insecticide must be produced with an unaltered and unadulterated inoculum of Heliothis zea nuclear polyhedrosis virus. The integrity of the seed virus must be assured by periodic checks.

(b) Each lot of active ingredient of the viral insecticide shall have the following specifications:

(1) The level of extraneous bacterial contamination of the final unformulated viral insecticide will not exceed 107 colonies per gram as determined by an aerobic plate count on trypticase soy agar.

(2) Pathogens, e.g., Salmonella, Shigella, or Vibrio must be absent.

(3) Safety to mice as determined by standardized intraperitoneal injections and a standardized 21-day feeding study must be demonstrated.

(4) Integrity of the viral product as determined by the most sensitive and standardized serological test must be demonstrated.

(c) Exemption from the requirement of a tolerance is established for residues of the microbial insecticide nuclear polyhedrosis virus of Heliothis zea, as specified in paragraphs (a) and (b) of this section, in or on the raw agricultural commodity cottonseed.

[38 FR 14170, May 30, 1973]

SUBCHAPTER F-RADIATION PROGRAMS [RESERVED]

SUBCHAPTER G-NOISE ABATEMENT PROGRAMS [RESERVED]

Sec.

SUBCHAPTER H-OCEAN DUMPING

PART 220-GENERAL

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220.3 Categories of permits. 220.4 Delegation of authority.

AUTHORITY: Title I, Marine Protection, Research, and Sanctuaries Act of 1972, Public Law 92-532.

SOURCE: 38 FR 8726, Apr. 5, 1973, unless otherwise noted.

§ 220.1 Purpose and scope.

(a) General. This part establishes procedures for the issuance of permits by EPA pursuant to section 102 of the Act. Subject to the exclusion in paragraph (b) of this section, the Act prohibits:

(1) Transportation from the United States of radiological, chemical, or biological warfare agents, or of any highlevel radioactive wastes, for the purpose of dumping them into ocean waters, and the dumping of any such materials into the territorial sea, or into the contiguous zone (to the extent it may affect the territorial sea or the territory of the United States);

(2) Transportation from the United States of material not specified in paragraph (a) (1) of this section, for the purpose of dumping it into ocean waters, and the dumping of any such material into the territorial sea, or into the contiguous zone (to the extent it may affect the territorial sea or the territory of the United States), without a permit from EPA; or, in the case of dredged material, from the Corps of Engineers.

(3) Transportation from any location outside the United States, of materials

specified in paragraph (a)(1) of this section, for the purpose of dumping them into ocean waters, by any officer, employee, agent, department, agency, or instrumentality of the United States.

(4) Transportation of any material not specified in paragraph (a) (1) of this section, from any location outside the United States, for the purpose of dumping it into ocean waters, by any officer, employee, agent, department, agency, or instrumentality of the United States, without a permit from EPA; or, in the case of dredged material, from the Corps of Engineers.

(b) Exclusion.-This part does not apply to the transportation and dumping of fish wastes unless such dumping occurs in:

(1) Harbors or enclosed coastal waters; or

(2) Any other location where the Administrator finds that such dumping could endanger health, the environment or ecological systems in a specific location: Provided, That nothing herein shall be construed as requiring a permit under the Act for the dumping of fish wastes in areas inside the baseline from which the territorial sea is measured as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639).

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§ 220.3 Categories of permits.

(a) General permits.-From time to time the Administrator may authorize, by general permit, the dumping of certain materials. Such general permits shall be published in the Federal Register and shall specify the types and amounts of materials which may be dumped, the designated dumping sites for such dumping activities, a fixed expiration date and any other conditions deemed appropriate by the Administrator. A general permit may be granted by the Administrator under this section on application of an interested person in accordance with the procedures of part 221 of this chapter, or may be granted by the Administrator on his own initiative, subject to the notice and hearing requirements of part 222 of this chapter.

(b) Special permits.—The dumping of material requiring an EPA permit under the act, and not covered by a general permit published in the FEDERAL REGISTER under paragraph (a) of this section will require a special permit issued to a specified applicant, having a fixed expiration date (which shall be no later than 1 year from the date of issue), and specifying the exact amount of material permitted to be dumped thereunder. Special permits will be granted only on application in accordance with the requirements of part 221 of this chapter.

§ 220.4 Delegation of authority.

(a) Regional Administrators.-Regional administrators have the authority to issue, deny, and to impose conditions on, special permits for:

(1) The dumping of material in that portion of the territorial sea which is subject to the jurisdiction of any State within their respective regions;

(2) The transportation for dumping of any material from a location in a State in their respective regions, except to the extent a different regional administrator has such authority by virtue of paragraph (a)(1) of this section.

(b) Other.-In all cases not described in paragraph (a) of this section the administrator, or such other EPA employees as he may from time to time designate in writing, shall issue, deny or impose conditions on special and general permits issued pursuant to the Act.

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Sec.

221.3 Applicant.

221.4 Adequacy of information. 221.5 Processing fees.

AUTHORITY: Title I, Marine Protection and Sanctuaries Act of 1972, Public aw 95-532.

SOURCE: 38 FR 8727, Apr. 5, 1973, unless otherwise noted.

§ 221.1 Application forms for special permits.

Applications for EPA special permits under the Act may be filed with the Administrator or the Regional Administrator, if any, authorized by § 220.4(a) of this chapter to act on the application. Unless and until printed application forms are made available, an application may be made by letter. Any application for a permit under this subchapter will include at a minimum:

(a) Name and address of applicant;

(b) Name of the person or firm (if not the applicant), and the name and usual location of the conveyance, to be used in the transportation and dumping of the material involved;

(c) Physical and chemical description of material to be dumped, including results of tests necessary to meet the requirements of part 227 of this chapter. (d) Quantity of material to be dumped;

(e) Means of conveyance and anticipated time of disposal;

(f) Proposed dump site; and in the event such proposed dumping site is not a designated dumping site designated in appendix A of this subchapter, detailed physical information on the nature of the proposed dump site;

(g) Proposed method of disposal at the dump site;

(h) Identification of the specific process or activity giving rise to the production of the material;

(i) Information on the manner in which the type of material in question has been previously disposed of by or on behalf of the applicant;

(j) A description of available alternative means of disposal of the material, with explanations of why each of such alternatives is thought by the applicant to be inappropriate.

§ 221.2 Other information.

In the event the Administrator, Regional Administrator, or a person designated by either to review special permit applications, determines that additional

information is needed in order to apply the criteria set forth in part 227 of this chapter,' he shall so advise the applicant in writing. For purposes of applying the time limitation of § 222.1 of this chapter, an application will not be considered complete until all additional information requested pursuant to this section is received, and all such information shall be deemed part of the application.

§ 221.3 Applicant.

Any person may apply for a special permit under this part, even though the proposed dumping may be carried on by a permittee who is not the applicant. However, issuance of a permit will not excuse the permittee from any civil or criminal liability which may attach by virtue of his having transported or dumped materials in violation of the terms or conditions of a permit, notwithstanding that the permittee may not have been the applicant.

§ 221.4

Adequacy of information.

No special permit issued under this part will be valid for the transportation or dumping of any material which is not accurately and fully described in the application. No permittee shall be relieved of any liability which may arise as a result of the transportation or dumping of material which does not conform to information provided in the application solely by virtue of the fact that such information was furnished by an applicant other than the permittee.

§ 221.5 Processing fees.

(a) A processing fee of $500 will be charged in connection with each application for a special permit for dumping in an existing dump site designated in appendix A of this subchapter.

(b) A processing fee of $1,000 will be charged in connection with each application for a special permit involving the use of a dump site other than a designated dump site.

(c) A processing fee of $200 will be charged in connection with each application for renewal of a special permit.

(d) Notwithstanding the foregoing, no agency or instrumentality of the United States or of a State or local government will be required to pay the processing fees specified in paragraphs (a), (b), and (c) of this section.

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Decisions as to the issuance, denial, or imposition of conditions on a permit issued by EPA pursuant to this part will be made in the light of the factors set forth in section 102(a) of the Act and after issuance of criteria pursuant thereto, in the light of such criteria. In all cases, final action on any application for a special permit, or renewal thereof, will be taken by EPA within 180 days from: (a) The date the application is filed, or, (b) in the event the application is deficient, from the date on which the applicant provides all requisite information, whichever is later: Provided, That if a hearing is convened pursuant to part 222 of this chapter, such 180-day limit to grant a permit will be extended by the time required for such hearing.

§ 222.2 Tentative determinations.

Within 10 days after receipt of a completed permit application, EPA shall prepare in writing a tentative determination with respect to issuance or denial of the permit applied for. If such tentative determination is to issue the permit, the following additional tentative determinations will be made:

(a) Proposed time limitations, if any; (b) Proposed dumping site; and

(c) A brief description of any other proposed special conditions determned to be appropriate for inclusion in the permit in question.

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ommendations, if any, but in no event later than 180 days from the time limit specified in § 222.1, the Administrator, Regional Administrator, or their designees, shall make a final determination with respect to the issuance, denial, or imposition of conditions on, any permit applied for under this part.

PART 223-CONTENTS OF PERMITS Sec.

223.1 Contents of permits. 223.2 Generally applicable conditions of permits.

AUTHORITY: Title I, Marine Protection, Research, and Sanctuaries Act of 1972, Public Law 92-532.

SOURCE: 38 FR 8729, Apr. 5, 1973, unless otherwise noted.

§ 223.1 Contents of permits.

Special permits, which may be issued on forms to be published by EPA, will include at a minimum the following:

(a) Name of permittee;

(b) Means of conveyance and methods and procedures for disposal of material to be dumped; and, in the case of permits for the transportation of material for dumping, the port from which such material will be transported;

(c) A complete description, including all relevant chemical and physical properties and quantities, of the material to be dumped;

(d) The disposal site;

(e) The times at which the permitted dumping may occur;

(f) Such monitoring relevant to the assessment of the impact of permitted dumping activities on the marine environment at the disposal site as the Administrator determines is feasible; and

(g) Any other terms and conditions, including those with respect to release procedures, determined to be necessary and adequate in order to conform the permitted dumping activities to the factors set forth in section 102(a) of the Act, and the criteria set forth in part 227 of this chapter.

§ 223.2 Generally applicable conditions of permits.

(a) Modification or revocation.—Any general or special permit issued under this part shall be subject to modification, or revocation in whole or in part for cause, as follows:

(1) Violation of any term or condition of the permit;

(2) Misrepresentation, inaccuracy, or failure to disclose all relevant facts in the permit application;

(3) Changed circumstances, such as changes in conditions obtaining at the designated dumping site, and newly discovered scientific data relevant to the granting of the permit;

(4) Failure to keep the records, and to notify appropriate officials of dumping activities, as specified in §§ 224.1 and 224.2 of this chapter.

(b) Suspension.—In addition to the conditions of a permit imposed pursuant to paragraph (a) of this section, each permit shall be subject to suspension by the Administrator or Regional Administrator if he determines that the permitted dumping has resulted, or is resulting, in imminent and substantial harm to human health or welfare or the marine environment. Such suspension shall be effective immediately upon receipt of notification thereof by the permittee.

(c) Hearings.-Within 30 days after receipt of notice of revocation or modification pursuant to paragraph (a) of this section, or of suspension pursuant to paragraph (b) of this section, a permittee or other interested person may request in writing a hearing on the issues raised by any such revocation or suspension. Upon receipt of any such request, the Administrator or Regional Administrator shall appoint a hearing officer to conduct an adjudicatory hearing as may be required by law and by this subchapter as now or hereafter in effect. PART 224-RECORDS

Sec.
224.1 Records of permittees.
224.2 Reports.

AUTHORITY: Title I, Marine Protection, Research and Sanctuaries Act of 1972, Public Law 92-532.

SOURCE: 38 FR 8729, Apr. 5, 1973, unless otherwise noted.

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