the State in which such violation is alleged to have occurred. (2) If the alleged violator is a State or local government entity, service of notice shall be accomplished by registered mail, return receipt requested, addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred; and in the case of a violation of a noise control requirement under section 611 of the Federal Aviation Act, to the Administrator of the Federal Aviation Administration, and the Regional Administrator of the Federal Aviation Administration for the region in which such violation is alleged to have occurred. (3) If the alleged violator is a Federal agency, service of notice shall be accomplished by registered mail, return receipt requested, addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, the Attorney General of the United States; and in the case of a violation of a noise control requirement under section 611 of the Federal Aviation Act, to the Administrator of the Federal Aviation Administration, and the Regional Administrator of the Federal Aviation Administration for the region in which such violation is alleged to have oc jon $ 210.2 Service of notice. (a) Notice of intent to file suit pursuant to section 12(a)(1) of the Act shall be served upon an alleged violator of a noise control requirement issued under the Act in the following manner: (1) If the alleged violator is a private individual or a corporation, service of notice shall be accomplished by registered mail, return receipt requested, addressed to, or by personal service upon, the owner or managing agent of the equipment, plant, facility, vehicle, or activity alleged to be in violation. A copy of the notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred; and in the case of a violation of a noise control requirement under section 611 of the Federal Aviation Act, to the Administrator of the Federal Aviation Administration, and the Regional Administrator of the Federal Aviation Administration for the region in which such violation is alleged to have occurred. If the alleged violator is a corporation, a copy of such notice also shall be mailed to the registered agent, if any, of such corporation in curred. (b) Service of notice of intent to file suit pursuant to section 12(a)(2)(A) of the Act shall be accomplished by registered mail, return receipt requested, addressed to, or by personal service upon, the Administrator, Environmental Protection Agency, Washington, D.C. 20460. A copy of such notice shall be mailed to the Attorney General of the United States. (c) Service of notice of intent to file suit pursuant to section 12(a)(2)(B) of the Act shall be accomplished by regis tered mail, return receipt requested, addressed to, or by personal service upon, the Administrator, Federal Aviation Administration, Washirigton, D.C. A copy of such notice shall be mailed to the Attorney General of the United States, and to the Administrator of the Environmental Protection Agency. (d) Notice given in accordance with the provisions of this part shall be deemed to have been served on the date of receipt. If service was accomplished by mail, the date of receipt will be deemed to be the date noted on the return receipt card. such violation and the full name, address, and telephone number of the person giving notice. (b) Failure to act. Notice regarding an alleged failure of the Administrator of the Environmental Protection Agency to perform any act or duty under the Noise Control Act which is not discretionary with such Administrator or notice regarding an alleged failure of the Administrator of the Federal Aviation Administration to perform any act or duty under section 611 of the Federal Aviation Act which is not discretionary with such Administrator shall identify the statutory provision which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by such Administrator which is alleged to constitute a failure to perform such act or duty, and shall state the full name, address, and telephone number of the person giving the notice. (c) Identification of Counsel. The notice shall state the name, address, and telephone number of the legal counsel, if any, representing the person giving the notice. § 210.3 Contents of notice. (a) Violation of noise control requirement. Notice regarding an alleged violation of a noise control require. ment shall include sufficient information to permit the recipient to identify ihe specific standard or regulation alleged to have been violated, the activi. ty alleged to constitute a violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of SUBCHAPTER H-OCEAN DUMPING PART 220-GENERAL Sec. 220.1 Purpose and scope. 220.2 Definitions. 220.3 Categories of permits. AUTHORITY: 33 U.S.C. 1412 and 1418. SOURCE: 42 FR 2468, Jan. 11, 1977, unless otherwise noted. § 220.1 Purpose and scope. (a) General. This Subchapter H establishes procedures and criteria for the issuance of permits by EPA pursuant to section 102 of the Act. This Subchapter H also establishes the criteria to be applied by the Corps of Engineers in its review of activities involving the transportation of dredged material for the purpose of dumping it in ocean waters pursuant to section 103 of the Act. Except as may be authorized by a permit issued pursuant to this Subchapter H, or pursuant to section 103 of the Act, and subject to other applicable regulations promulgated pursuant to section 108 of the Act: 1. "' (1) No person shall transport from the United States any material for the purpose of dumping it into ocean waters; (2) In the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location any material for the purpose of dumping it into ocean waters; and (3) No person shall dump any material transported from a location outside the United States: (i) Into the territorial sea of the United States; or (ii) Into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States. (2) Fisheries resources. This Subchapter H does not apply to, and no permit hereunder shall be required for, the placement or deposit of oyster shells or other materials for the purpose of developing, maintaining or harvesting fisheries resources; provided, such placement or deposit is regulated under or is a part of an authorized State or Federal program certified to EPA by the agency authorized to enforce the regulation, or to administer the program, as the case may be; and provided further, that the National Oceanic and Atmospheric Administration, the U.S. Coast Guard, and the U.S. Army Corps of Engineers concur in such placement or deposit as it may affect their responsibilities and such concurrence is evidenced by letters of concurrence from these agencies. (3) Vessel propulsion and fixed structures. This Subchapter H does not apply to, and no permit hereunder shall be required for: (i) Routine discharges of effluent incidental to the propulsion of vessels or or the operation of motor-driven equipment on vessels; or (ii) Construction of any fixed structure or artificial island, or the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal when such construction or such placement is otherwise regulated by Federal State law or made pursuant to an authorized Federal or State program certified to EPA by the agency authorized to enforce the regulations or to administer the program, as the case may be. (4) Emergency to safeguard life at sea. This Subchapter H does not apply to, and no permit hereunder shall be required for, the dumping of material into ocean waters from a vessel or aircraft in an emergency to safeguard life at sea to the extent that the person owning or operating such vessel or aircraft files timely reports required by 8 224.2(b). 8 220.2 Definitions. As used in this Subchapter H: (a) “Act" means the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1401); (b) "FWPCA" means the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251); (c) “Ocean" or "ocean waters" means those waters of the open seas lying seaward of 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); this definition includes the waters of the territorial sea, the contiguous zone and the oceans as defined in section 502 of the FWPCA. (d) “Material” means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, industrial, municipal, agricultural, and other waste, but such term does not mean sewage from vessels within the mean. ing of section 312 of the FWPCA. OD within the meaning of section 311 of the FWPCA shall constitute "material" for purposes of this Subchapter H only to the extent that it is taken on board a vessel or aircraft for the primary purpose of dumping. (e) “Dumping" means a disposition of material: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the FWPCA, under the provisions of section 13 of the River and Harbor Act of 1899, as amended (33 U.S.C. 407), or under the provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011), nor does it mean a routine discharge of effluent incidental to the propulsion of, or operation of motor-driven equipment on, vessels: Provided further, That it does not mean the construction of any fixed structure or artificial island nor the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal, when such construction or such placement is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program; And provided further, That it does not include the deposit of oyster shells, or other materials when such deposit is made for the purpose of developing, maintaining, or harvesting fisheries resources and is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program. (f) “Sewage Treatment Works" means municipal or domestic waste treatment facilities of any type which are publicly owned or regulated to the extent that feasible compliance schedules are determined by the availability of funding provided by Federal, State, or local governments. (g) “Criteria" means the criteria set forth in Part 227 of this Subchapter H. (h) “Dredged Material Permit" means a permit issued by the Corps of Engineers under section 103 of the Act (see 33 CFR 209.120) and any Federal projects reviewed under section 103(e) mines that there exists an emergency of the Act (see 33 CFR 209.145). requiring the dumping of such materi(i) Unless the context otherwise re- als which poses an unacceptable risk quires, all other terms shall have the to human health and admits of no meanings assigned to them by the Act. other feasible solution. (d) Interim permits. Prior to April 8 220.3 Categories of permits. 23, 1978, interim permits may be This 8 220.3 provides for the issuance issued in accordance with Subpart A of general, special, emergency, interim of Part 227 to dump materials which and research permits for ocean dump- are not in compliance with the envi. ing under section 102 of the Act. ronmental impact criteria of Subpart (a) General permits. General permits B of Part 227, or which would cause may be issued for the dumping of cer- substantial adverse effects as detertain materials which will have a mini- mined in accordance with the criteria mal adverse environmental impact and of Subparts D or E of Part 227 or for are generally disposed of in small which an ocean disposal site has not quantities, or for specific classes of been designated on other than an inmaterials that must be disposed of in terim basis pursuant to Part 228 of emergency situations. General permits this Subchapter H; provided, however, may be issued on application of an in- no permit may be issued for the ocean terested person in accordance with the dumping of any materials listed in procedures of Part 221 or may be $ 227.5, or for any of the materials issued without such application when- listed in § 227.6, except as trace conever the Administrator determines taminants; provided further that the that issuance of a general permit is compliance date of April 23, 1978, does necessary or appropriate. not apply to the dumping of wastes by (b) Special permits. Special permits existing dumpers when the Regional may be issued for the dumping of ma Administrator determines that the terials which satisfy the Criteria and permittee has exercised his best efshall specify an expiration date no forts to comply with all requirements later than three years from the date of a special permit by April 23, 1978, of issue. and has an implementation schedule (c) Emergency permits. For any of adequate to allow phasing out of the materials listed in § 227.6, except ocean dumping or compliance with all as trace contaminants, after consulta requirements necessary to receive a tion with the Department of State special permit by December 31, 1981, with respect to the need to consult at the latest. No interim permit will be with parties to the Convention on the granted for the dumping of waste Prevention of Marine Pollution by from a facility which has not previousDumping of Wastes and Other Matter ly dumped wastes in the ocean from a that are likely to be affected by the dumping, emergency permits may be new facility, or for the dumping of an increased amount of waste from the issued to dump such materials where there is demonstrated to exist an expansion or modification of an existemergency requiring the dumping of ing facility, after the effective date of such materials, which poses an unac these regulations (except when the faceptable risk relating to human health cility is operated by a municipality and admits of no other feasible solu now dumping such wastes). No interim tion. As used herein, “emergency" permit will be issued for the dumping refers to situations requiring action of any material in the ocean for which with a marked degree of urgency, but an interim permit had previously been is not limited in its application to cir- issued unless the applicant demoncumstances requiring immediate strates that he has exercised his best action. Emergency permits may be efforts to comply with all provisions of issued for other materials, except the previously issued permits. Interim those prohibited by $ 227.5, without permits shall specify an expiration consultation with the Department of date no later than one year from the State when the Administrator deter- date of issue. |