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waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities, or plankton, fish, shellfish, wildlife, shorelines, or beaches.

(b) These criteria apply to the evaluation of permit applications for the dumping of gaseous, solid, and/or liquid matter of any kind or description.

(c) The dumping of some types of waste materials into the marine environment is prohibited because explicit legislative requirements. Such prohibited waste materials are identified in § 227.2.

(d) The dumping of some types of waste materials into the marine environment is strictly regulated because of known adverse dietrimental effects on the aquatic ecosystem or human health and welfare. These materials and limiting concentrations and conditions upon the dumping of these materials are given in § 227.3. The concentrations and quantities of materials identified in this section are based on the most current scientific knowledge and will be subject to revision as more knowledge of marine processes and ecosystems becomes available. It is the goal of the ocean dumping permit program of the Environmental Protection Agency to require development of implementation plans for elimination of dumping of any materials in excess of these concentrations and quantities as rapidly as possible.

(e) The dumping of some types of waste materials is subject to general regulation and permission because of the minimal adverse environmental effects to be anticipated by reason of such disposal. These generally permitted waste materials are described in § 227.5.

(f) Irrespective of other stated specific requirements, no permit will be issued which would result in the violation of applicable existing State water quality standards.

(g) Materials may be dumped at designated disposal sites, to the extent that such materials conform to the criteria described in this part. Additional dumping sites may be approved upon receipt of information indicating that materials may be disposed of at these sites without violating the Act or the provisions of this subchapter. Wherever feasible, the Administrator shall designate locations beyond the edge of the Continental Shelf as recommended disposal sites.

$ 227.2 Prohibited acts. 8 227.21 Materials for which no permit

will be issued. The dumping, or transportation for dumping, of the following materials will not be approved by EPA under any circumstances:

(a) High-level radioactive wastes as defined in 227.75.

(b) Materials in whatever form (e.g., solids, liquids, semiliquids, gases, or in a living state) produced for radiological, chemical, or biological warfare.

(c) Materials insufficiently described in terms of their physical, chemical, or biological properties to permit evaluation

of

their impact on marino ecosystems.

(d) Persistent inert synthetic or natural materials which may float or remain in suspension in the ocean may not be dumped. They may, however, be dumped when they have been processed in such a fashion that they will sink to the bottom and remain in place. $ 227.22 Other prohibited materials.

Subject to the exclusion of paragraph (e) of this section, the dumping, or transportation for dumping, of wastes containing more than trace concentrations of the following materials will not be approved by EPA:

(a) Organohalogen compounds and compounds which may form such substances in the marine environment.

(b) Mercury and mercury compounds.

(c) Cadmium and cadmium compounds.

(d) Crude oil, fuel oil, heavy diesel oil, and lubricating oils, hydraulic fluids, and any mixtures containing these, taken on board for the purpose of dumping, insofar as these are not regulated under Public Law 92-500.

(e) Paragraphs (a) through (d) of this section do not apply to materials which are rapidly rendered harmless by physical, chemical, or biological processes in the sea; provided they will not, if dumped, make edible marine organisms unpalatable; or will not, if dumped, endanger human health or that of domestic animals, fish, shellfish and wildlife. $ 227.30 Strictly regulated dumping.

The dumping, or transportation for dumping, of certain materials may be approved for ocean disposal only under special permit when it can be demon

care.

strated that the quantities of wastes and Organophosphorus compounds. the methods of disposal will not result

Carbamate compounds.

Herbicides. in irreparable or irrevocable harmful

Insecticides. effects on the marine environment. Until such time as specific quantitative criteria (6) Oxygen-consuming and/or bioare available for guidance, EPA approval degradable organic matter. will be based on a case-by-case evalua- (7) Radioactive wastes not otherwise tion of each application. Evidence of the prohibited. acceptability of proposed acts of dump- As a general policy, the containment ing will be required from the applicant of radioactive materials (see $ 227.35) is according to the criteria in $$ 227.31 indicated rather than their direct disperthrough 227.36.

sion and dilution in ocean waters. 227.31 Materials requiring special

(8) Materials on any list of toxic pollutants published under section 307(a) of

Public Law 92-500, and materials desig(a) Permits may be issued for the nated as hazardous substances under dumping of the materials described in section 311(b) (2) (A) of Public Law paragraph (b) of this section if the ap- 92-500. plicant can demonstrate: (1) Through the use of acceptable bio

8 227.32 Hazards to fishing or naviga

tion. assay or other scientific data that dumping of the material in the proposed quan- Wastes which may present a serious tities and qualities will have minimal ad- obstacle to fishing or navigation may be verse effects on the ocean environment; disposed of only at dumping sites and and

under conditions which will insure no (2) That the material proposed for interference with fishing or navigation. dumping contains less than the limiting

§ 227.33 Large quantities of materials. permissible concentration of total pollutants as defined in § 227.71.

Substances of a nontoxic nature which (b) Wastes containing one or more of may damage the ocean environment due the following materials shall be treated to the quantities in which they are as requiring special care:

dumped, or which are liable to seriously (1) The elements, ions, and compounds

reduce amenities, may be dumped only of:

when the quantities to be dumped at a

single time and place are controlled to Arsenic, Lead.

prevent damage to the environment or Copper.

to amenities. Zinc.

8 227.34 Acids and alkalis. Selenium. Vanadium.

In the dumping of large quantities of Beryllium.

acids and alkalis, consideration shall be Chromium.

given: (a) To the effects of any change Nickel.

in acidity or alkalinity of the water at (2) Organosilicon compounds and com- the disposal site; and (b) to the potenpounds which may form such substances tial for synergistic effects or for the in the marine environment.

formation of toxic compounds in the (3) Inorganic processing wastes, in- dumping area. Dumping conditions must cluding cyanides, fluorides, titanium di- be such as to produce no permanent oxide wastes, and chlorine.

damage in the ocean environment. (4) Petrochemicals, organic chemicals,

8 227.35 Containerized wastes. and organic processing wastes, including, but not limited to:

(a) Wastes containerized solely for

transport to the dumping site and exAliphatic solvents.

pected to rupture or leak on impact or Phenols. Plastic intermediates and byproducts.

shortly thereafter must meet the require

ments of $ $ 227.22, 227,31, 227,32, and Plastics.

227.36. Amines. Polycyclic aromatics.

(b) Other containerized wastes will be Phthalate esters.

approved for dumping only under the Detergents.

following conditions: (5) Biocides not prohibited elsewhere, (1) The materials to be disposed of deincluding, but not limited to:

cay, or decompose or radiodecay to en

vironmentally innocuous materials con- to evaluation of potential environmental sidering the life expectancy of the con- impact a thorough review of the actual tainers and/or their inert matrix; and need for the dumping and possible al

(2) Materials to be disposed of are ternatives will be made in evaluating the present in such quantities and are of permit application, and the decision on such nature that only insignificant, whether or not to grant an interim special short-term localized adverse effects will permit will be based, in part, on considoccur should the containers rupture at eration of the following factors relative any time; and

to the need for and alternatives to (3) Containers are disposed of at dumping: depths and locations where they will (a) Degree of treatment feasible for cause no threat to navigation or fishing. the waste to be dumped, and whether or

not the waste material has been or will § 227.36 Materials containing living or

be treated to this degree before dumping. ganisms.

(b) Manufacturing or other processes It is prohibited to dump sewage resulting in the waste, and whether or not sludge, dredged material, or any other

these processes are essential, or if other material which would:

less polluting processes could be used. (a) Extend the range of biological (c) The relative environmental impact pests, viruses, pathogenic micro-orga- and cost for ocean dumping as opposed to nisms or other agents capable of infest- land disposal, deep-well injection, or ing, infecting, or altering the normal

other possible alternatives, after the best populations of organisms,

practical waste treatment has been (b) Degrade uninfected areas, or

carried out. (c) Introduce viable species not indig

(d) Temporary and/or permanent efenous to an area.

fect of the dumping on alternative uses § 227.40 Emergency permits and in

of the oceans, such as navigation, living terim special permits.

resources exploitation, nonliving re

source exploitation, scientific study, and & 227.41 Emergency permits.

other legitimate uses of the oceans, as After consultation with other appro- opposed to the impact on other parts of priate persons, the Administrator may the environment of alternate means of issue a special permit to dump materials disposal. described in 8 227.22, where there is demonstrated to exist an emergency re

8 227.43 Implementation plans. quiring the dumping of such material, In no event will an ir.terim special perwhich poses an unacceptble risk relat- mit be granted for the dumping of mateing to human health and admits of no rials which violate the provisions of other feasible solution. Emergency refers $ 227.22 or § 227.3 unless the permit apto situations requiring action with a plicant can: (a) Demonstrate the need marked degree of urgency, but is not for the proposed dumping as compared limited in its application to circumstances to alternative locations and methods of requiring immediate action. No emer- disposal or recycling, (b) demonstrate gency permit for the dumping of mate- that the need for the proposed dumping rials described in 227.22 shall be is- outweighs the potential harm which may sued without prior consultation with take place as a result of such dumping, Department of State.

and (c) provide a satisfactory imple

mentation plan covering future dumping $ 227.42 Interim special permits.

activities and fully adhere to the plan. It is the intent of this program to pre- For industrial sources, any such plan vent or strictly regulate the disposal to shall provide for: the marine environment of any materials (a) By not later than July 1, 1977, the damaging to that environment. The basis application of the best practicable techfor determining limiting permissible con- nology currently available for the recentrations and quantities of known toxic moval of such materials, as determined or otherwise damaging materials, based by the Administrator; on existing knowledge, is given in (b) By not later than July 1, 1983, the $$ 227.22 and 227.3. When an applicant application of the best availble technolwishes to dump any of the materials ogy economically available for the relisted in 227.22 or $ 227.33 in concentra- moval of such material, as determined by tions in excess of the trace or limiting the Administrator, which will result in permissible concentrations, in addition reasonable further progress toward the goal of achieving compliance with the entlating between unpolluted and polrequirements of this part.

97-025-73- -64

luted dredged material. $ 227.50 Generally regulated dumping

(c) The dumping of dredged material and disposal acts.

in the ocean will be permitted subject to

the conditions outlined in $$ 227.61 § 227.51 Wastes of a nontoxic nature. through 227.64 unless there is evidence

Liquid waste phases containing none that the proposed disposal will have an of the materials listed in 88 227.22 and unacceptable adverse impact on munici227.31 may be regarded as basically non- pal water supplies, shellfish beds, wildlife, toxic in the marine environment. Solid fisheries (including spawning and breedwaste phases containing any or all of the ing areas), or recreational areas. materials listed in $ $ 227.22 and 227.31 in (d) Decisions concerning the disposal forms insoluble or soluble but not exceed- of dredged material in the ocean will be ing the trace or limiting permissible con- based on considerations of the actual centrations (see § 227.71) may also be need for such disposal, alternatives to regarded as nontoxic in the marine ocean dumping, the nature and extent environment.

of the environmental impact, and the

economic costs or benefits involved. § 227.52 Solid wastes of natural origin. Solid wastes of natural minerals or

8 227.61 Unpolluted dredged material. materials compatible with the ocean en- Dredged material may be classified as vironment may be generally approved unpolluted based on the known primary for ocean disposal provided they are in- source(s) of the sediments, the history soluble below the applicable trace or of its exposure to pollutants, and its limiting permissible concentrations and physical composition. If the sediments are rapidly and completely settleable, or cannot be classified as unpolluted acthey are of a particle size and density cording to the following criteria, laborathat they would be deposited or rapidly

tory analyses will be required. Dredged dispersed without damage to benthic, de- material will be considered unpolluted if mersal, or pelagic biota.

it meets one of the following conditions:

(a) The dredged material is composed § 227.60 Disposal of dredged material.

essentially of sand and/or gravel, or of The dumping of any material dredged any other naturally occurring sedimenor excavated from the navigable waters tary materials with particle sizes larger of the United States is regulated by the than silts and clays, generally found in U.S. Army Corps of Engineers. With re- inlet channels, ocean bars, ocean enspect to the dumping of such material in trance channels to sounds and estuaries, the ocean, the following definitions and and other areas of normally high wave criteria will be considered:

energy such as predominates at open (a) Dredged materials are bottom sedi- coastlines. ments that have been dredged or exca- (b) If the water quality at and near vated from the navigable waters of the the dredging site is adequate, according United States. In that sediments are to the applicable State water quality known to include and/or to exhibit & standards, for the propagation of fish, capacity for absorption and adsorption shellfish, and wildlife, and if the biota asof a wide variety of chemical substances, sociated with the material to be dredged including manmade pollutants, the pres- are typical of a healthy ecosystem, takence or absence of pollutants within sedi- ing into account the normal frequency ments may be used as an index of the of dredging, the sediments can be reahistory of exposure of the sediments to sonably classified as unpolluted. domestic and industrial discharges, as (c) If it produces a standard elutriate well as urban and agricultural runoff. in which the concentration of no major

(b) Because the natural processes of constituent is more than 1.5 times the sediment absorption, adsorption, deposi- concentration of the same constituent tion, resuspension, and redeposition may in the water from the proposed disposal alter the toxic or other pollutional prop- site used for the testing. The "standard erties of municipal, industrial, or runoff elutriate" is the supernatant resulting wastes incorporated into bottom sedi- from the vigorous 30-minute shaking of ments, precise application of the criteria one part bottom sediment with four parts of $ $ 227.22 and 227.31 is not appropri- water from the proposed disposal site ate. Consequently, the criteria of the fol- followed by 1 hour of letting the mixture lowing sections will be used in differ- settle and appropriate filtration or centrifugation. “Major constituents" are dispersion desired. Environmental charthose water quality parameters deemed acteristics which may promote minimum critical for the proposed dredging and dispersion can include weak bottom curdisposal sites taking into account known rents, minimal bottom slopes, and the point or areal source discharges in the existence of naturally occurring finearea, and the possible presence in their grained bottom sediments. Natural dewastes of the materials in $ $ 227.22 and pressions or borrow pits may provide de227.31.

sirable site characteristics in some areas.

Environmental characteristics which 8 227.62 Disposal of unpolluted dredged material.

may promote maximum dispersion can

include strong bottom currents, deep botMaterial which is determined to be

tom slopes, and the existence of natuunpolluted may be dumped at any site

rally occurring coarse-grained bottom which has been approved for the dump

sediments. ing of settleable solid wastes of natural

(b) Dumping conditions.-(1) Times origin.

of dumping should be chosen, where pos$ 227.63 Polluted dredged material. sible, to avoid interference with the sea

sonal reproductive and migratory cycles Any dredged material which cannot be classified as unpolluted according to

of aquatic life in the disposal area.

(2) If the type of material involved the requirements of $ 227.61 is regarded

and the environmental characteristics of as polluted dredged material.

the disposal site should make either max$ 227.64 Disposal of polluted dredged imum or minimum dispersion desirable, material.

the discharge from and movement of the Polluted dredged material may be dis

vessel during dumping should be in such posed of in the ocean if it can be shown

a manner as to obtain the desired rethat the place, time, and conditions of

sult to the fullest extent feasible. dumping are such as to produce a mini- 227.65 Revision of test procedures. mum impact on the marine environment. When material has been found to be

Test procedures and values mentioned polluted in accordance with $ 227.61(c),

above are based on the best currently

available knowledge and are subject to bioassay tests may be performed when it can be shown that the results of such

revision and modification based on the

general increase of knowledge or specific tests can be used to assist in setting dis

information on the effects of the disposal posal conditions. There is at present

of dredged materials in the ocean. no adequate means to identify the potential long-range harmful effects of the § 227.70 Definitions. leaching out of toxic and/or bioaccumu

$ 227.71 Limiting permissible concenlative pollutants into the marine en

trations. vironment after the dumping of polluted dredged material. To minimize the

The limiting permissible concentration possibility of any such harmful effects,

is that concentration of a waste material disposal conditions must be carefully

or chemical constituent identified in set, with particular attention being given

$ 227.31 in the material to be dumped to the following factors:

which, on the basis of scientific data, is (a) Disposal site selection.-(1) Dis

believed to produce no long-term adverse posal sites should be areas where benthic

environmental consequences, through life which might be damaged by the

bioaccumulation or otherwise, or in the dumping is minimal.

receiving water which, after reasonable (2) The disposal site must be located

allowance for initial mixing in the mixsuch that disposal operations will cause

ing zone, will not exceed 0.01 of a conno adverse effects to known nursery or

centration shown to be toxic to approproductive fishing areas. Where prevail

priate sensitive marine organisms in a

96-hour bioassay, or 0.01 of a level othering currents exist, the currents should

wise shown to be detrimental to the mabe such that any suspended or dissolved

rine environment. The 96-hour bioassay matter would not be carried into known

and consequent 0.01 application factor nursery or productive fishing areas or

are to be the result of the testing of a populated or protected shoreline areas. specific concentration of the waste ma

(3) Disposal sites should be selected terial in seawater from the dump site, or whose physical environmental character- similar to water from the dump site, istics are most amenable to the type of that causes a 50-percent mortality of ap

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