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(e) Research permits. Research permits may be issued for the dumping of any materials, other than materials specified in 8 227.5 or for any of the materials listed in § 227.6 except as trace contaminants, unless subject to the exclu on of g 227.6(g), into th ocean as part of a research project when it is determined that the scientific merit of the proposed project outweighs the potential environmental or other damage that may result from the dumping. Research permits shall specify an expiration date no later than 18 months from the date of issue.

(f) Permits for incineration at sea. Permits for incineration of wastes at sea will be issued only as res

ch per: mits or as interim permits until specific criteria to regulate this type of disposal are promulgated, except in those cases where studies on the waste, the incineration method and vessel, and the site have been conducted and the site has been designated for incineration at sea in accordance with the procedures of $ 228.4(b). In all other respects the requirements of Parts 220-228 apply. (42 FR 2468, Jan. 11, 1977; 43 FR 1071, Jan. 6, 1978)

which are subject to the jurisdiction of any State within their respective Regions, and in those portions of the contiguous zone immediately adjacent to such parts of the territorial sea; and in the oceans with respect to approved waste disposal sites designated pursuant to Part 228 of this Subchapter H, and

(2) Where transportation for dumping is to originate in one Region and dumping is to occur at a location within another Region's jurisdiction conferred by order of the Administrator, the Region in which transportation is to originate shall be responsible for review of the application and shall prepare the technical evaluation of the need for dumping and alternatives to ocean dumping. The Region having jurisdiction over the proposed dump site shall take all other actions required by his Subchapter H with respect to th: permit application, including without limitation, determining to issue or deny the permit, specifying the conditions to be imposed, and giving public notice. If both Regions do not concur in the disposition of the permit application, the Administrator will make the final decision on all issues with respect to the permit application, including without limitation, issuance or denial of the permit and the conditions to be imposed.

(c) Review of Corps of Engineers Dredged Material Permits. Regional Administrators have the authority to review, to approve or to disapprove or to propose conditions upon Dredged Material Permits for ocean dumping of dredged material at locations within the respective Regional jurisdictions. Regional jurisdiction to act under this paragraph (c) of 8 220.4 is determined by the Administrator in accordance with 8 228.4(e).

8 220.4 Authorities to issue permits.

(a) Determination by Administrator. The Administrator, or such other EPA employee as he may from time to time designate in writing, shall issue, deny, modify, revoke, suspend, impose conditions on, initiate and carry out enforcement activities and take any and all other actions necessary or proper and permitted by law with respect to general, special, emergency, interim, or research permits.

(b) Authority delegated to Regional Administrators. Regional Administrators, or such other EPA employees as they may from time to time designate in writing, are delegated the authority to issue, deny, modify, revoke, suspend, impose conditions on, initiate and carry out enforcement activities, and take any and all other actions necessary or proper and permitted by law with respect to special and interim permits for:

(1) The dumping of material in those portions of the territorial sea

PART 221-APPLICATIONS FOR

OCEAN DUMPING PERMITS UNDER
SECTION 102 OF THE ACT

Sec. 221.1 Applications for permits. 221.2 Other information. 221.3 Applicant. 221.4 Adequacy of information in applica

tion. 221.5 Processing fees.

AUTHORITY: 33 U.S.C. 1412 and 1418.

posed of by or on behalf of the SOURCE: 42 FR 2470, Jan. 11, 1977, unless

person(s) or firm(s) producing such otherwise noted.

material;

(j) A statement of the need for the 8 221.1 Applications for permits.

proposed dumping and an evaluation Applications for general, special,

of short and long term alternative emergency, interim and research per

means of disposal, treatment or recymits under section 102 of the Act may

cle of the material. Means of disposal be filed with the Administrator or the

shall include without limitation, landappropriate Regional Administrator,

fill, well injection, incineration, spread as the case may be, authorized by Sec

of material over open ground; biologition 220.4 to act on the application.

cal, chemical or physical treatment; Applications shall be made in writing recovery and recycle of material and shall contain, in addition to any

within the plant or at other plants other material which may be required, which may use the material, and storthe following:

age. The statement shall also include (a) Name and address of applicant;

an analysis of the availability and en(b) Name of the person or firm

vironmental impact of such alternatransporting the material for dump- tives; and ing, the name of the person(s) or (k) An assessment of the anticipated firm(s) producing or processing all ma- environmental impact of the proposed terials to be transported for dumping, dumping, including without limitation, and the name or other identification, the relative duration of the effect of and usual location, of the conveyance the proposed dumping on the marine to be used in the transportation and environment, navigation, living and dumping of the material to be non-living marine resource exploitadumped, including information on the tion, scientific study, recreation and transporting vessel's communications other uses of the ocean. and navigation equipment;

(c) Adequate physical and chemical § 221.2 Other information. description of material to be dumped, In the event the Administrator, Reincluding results of tests necessary to gional Administrator, or a person desapply the Criteria, and the number, ignated by either to review permit apsize, and physical configuration of any plications, determines that additional containers to be dumped;

information is needed in order to (d) Quantity of material to be apply the Criteria, he shall so advise dumped;

the applicant in writing. All additional (e) Proposed dates and times of dis- information requested pursuant to posal;

this g 221.2 shall be deemed part of the (f) Proposed dump site, and in the application and for purposes of apply. event such proposed dump site is not a ing the time limitation of g 222.1, the dump site designated in this Sub- application will not be considered comchapter H, detailed physical, chemical plete until such information has been and biological information relating to filed. the proposed dump site and sufficient to support its designation as a site ac- $ 221.3 Applicant. cording to the procedures of Part 228 Any person may apply for a permit of this Subchapter H;

under this Subchapter H even though (g) Proposed method of releasing the the proposed dumping may be carried material at the dump site and means on by a permittee who is not the appliby which the disposal rate can be con- cant; provided however, that the Adtrolled and modified as required; ministrator or the Regional Adminis

(h) Identification of the specific trator, as the case may be, may, in his process or activity giving rise to the discretion, require that an application production of the material;

be filed by the person or firm produc(i) Description of the manner in ing or processing the material prowhich the type of material proposed posed to be dumped. Issuance of a to be dumped has been previously dis- permit will not excuse the permittee

from any civil or criminal liability Sec. which may attach by virtue of his 222.10 Appeal to adjudicatory hearing. having transported or dumped materi

222.11 Conduct of adjudicatory hearings. als in violation of the terms or condi

222.12 Appeal to Administrator. tions of a permit, notwithstanding

222.13 Computation of time. that the permittee may not have been AUTHORITY: 33 U.S.C. 1412 and 1418. the applicant.

SOURCE: 42 FR 2471, Jan. 11, 1977, unless

otherwise noted. 8 221.4 Adequacy of information in application.

8 222.1 General. No permit issued under this Sub

Decisions as to the issuance, denial, chapter H will be valid for the trans

or imposition of conditions on general, portation or dumping of any material

special, emergency, interim and rewhich is not accurately and adequate.

search permits under section 102 of ly described in the application. No per- the Act will be made by application of mittee shall be relieved of any liability the criteria of Parts 227 and 228. Final which may arise as a result of the

action on any application for a permit transportation or dumping of material

will, to the extent practicable, be which does not conform to informa

taken within 180 days from the date & tion provided in the application solely

complete application is filed. by virtue of the fact that such information was furnished by an applicant 8 222.2 Tentative determinations. other than the permittee.

(a) Within 30 days of the receipt of $ 221.5 Processing fees.

his initial application, an applicant

shall be issued notification of whether (a) A processing fee of $1,000 will be

his application is complete and what, charged in connection with each appli

if any, additional information is recation for a permit for dumping in an

quired. No such notification shall be existing dump site designated in this

deemed to foreclose the Administrator Subchapter H.

or the Regional Administrator, as the (b) A processing fee of an additional

case may be, from requiring additional $3,000 will be charged in connection information at any time pursuant to with each application for a permit for $ 221.2. dumping in a dump site other than a

(b) Within 30 days after receipt of a dump site designated in this Sub

completed permit application, the Adchapter H.

ministrator or the Regional Adminis(c) Notwithstanding any other provi- trator, as the case may be, shall pubsion of this § 221.5, no agency or in- lish notice of such application includstrumentality of the United States or

ing a tentative determination with reof a State or local government will be spect to issuance or denial of the required to pay the processing fees

permit. If such tentative determinaspecified in paragraphs (a) and (b) of

tion is to issue the permit, the followthis section.

ing additional tentative determina

tions will be made: PART 222-ACTION ON OCEAN (1) Proposed time limitations, if any;

DUMPING PERMIT APPLICATIONS (2) Proposed rate of discharge from UNDER SECTION 102 OF THE ACT the barge or vessel transporting the

waste; Sec.

(3) Proposed dumping site; and 222.1 General.

(4) A brief description of any other 222.2 Tentative determinations.

proposed conditions determined to be 222.3 Notice of applications.

appropriate for inclusion in the permit 222.4 Initiation of hearings.

in question. 222.5 Time and place of hearings. 222.6 Presiding Officer.

8 222.3 Notice of applications. 222.7 Conduct of public hearing. 222.8 Recommendations of Presiding Offi

(a) Contents. Notice of every com

plete application for a general, special, 222.9 Issuance of permits.

interim, emergency and research

cer.

(ii) That the emergency poses an unacceptable risk relating to human health;

(iii) That the emergency admits of no other feasible solution; and

permit shall, in addition to any other material, include the following:

(1) A summary of the information included in the permit application;

(2) Any tentative determinations made pursuant to paragraph (b) of § 222.2;

(3) A brief description of the procedures set forth in § 222.5 for requesting a public hearing on the application including specification of the date by which requests for a public hearing must be filed;

(4) A brief statement of the factors considered in reaching the tentative determination with respect to the permit and, in the case of a tentative determination to issue the permit, the reasons for the choice of the particular permit conditions selected; and

(5) The location at which interested persons may obtain further information on the proposed dumping, including copies of any relevant documents. (b) Publication.

(1) Special, interim and research permits. Notice of every complete application for special, interim and research permits shall be given by:

(i) Publication in a daily newspaper of general circulation in the State in closest proximity to the proposed dump site; and

(ii) Publication in a daily newspaper of general circulation in the city in which is located the office of the Administrator or the Regional Administrator, as the case may be, giving notice of the permit application.

(2) General permits. Notice of every complete application for a general permit or notice of action proposed to be taken by the Administrator to issue a general permit, without an application, shall be given by publication in the FEDERAL REGISTER.

(3) Emergency permits. Notice of every complete application for an emergency permit shall be given by publication in accordance with paragraphs (b)(1) (i) and (ii) of this section; Provided, however, That no such notice and no tentative determination in accordance with § 222.2 shall be required in any case in which the Administrator determines:

(i) That an emergency, as defined in paragraph (c) of § 220.3 exists;

(iv) That the public interest requires the issuance of an emergency permit as soon as possible.

Notice of any determination made by the Administrator pursuant to this paragraph (b)(3) shall be given as soon as practicable after the issuance of the emergency permit by publication in accordance with paragraphs (b)(1) (i) and (ii) and with paragraphs (a), (c)(i) of this section.

(c) Copies of notice sent to specific persons. In addition to the publication of notice required by paragraph (b) of this section, copies of such notice will be mailed by the Administrator or the Regional Administrator, as the case may be, to any person, group or Federal, State or local agency upon request. Any such request may be a standing request for copies of such notices and shall be submitted in writing to the Administrator or to any Regional Administrator and shall relate to all or any class of permit applications which may be acted upon by the Administrator or such Regional Administrator, as the case may be.

(d) Copies of notice sent to States. In addition to the publication of notice required by paragraph (b) of this section, copies of such notice will be mailed to the State water pollution control agency and to the State agency responsible for carrying out the Coastal Zone Management Act, if such agency exists, for each coastal State within 500 miles of the proposed dumping site.

(e) Copies of notice sent to Corps of Engineers. In addition to the publication of notice required by paragraph (b) of this section, copies of such notice will be mailed to the office of the appropriate District Engineer of the U.S. Army Corps of Engineers for purposes of section 106 (c) of the Act, (pertaining to navigation, harbor approaches, and artificial islands on the outer continental shelf).

(f) Copies of notice sent to Coast Guard. In addition to the publication of notice required by paragraph (b) of

this section, copies of such notice will be sent to the appropriate district office of the U.S. Coast Guard for review and possible suggestion of addi. tional conditions to be included in the permit to facilitate surveillance and enforcement.

(g) Fish and Wildlife Coordination Act. The Fish and Wildlife Coordination Act, Reorganization Plan No. 4 of 1970, and the Act require that the Ad. ministrator or the Regional Administrator, as the case may be, consult with appropriate regional officials of the Departments of Commerce and Interior, the Regional Director of the NMFS-NOAA, and the agency exercising administrative jurisdiction over the fish and wildlife resources of the States subject to any dumping prior to the issuance of a permit under this Subchapter H. Copies of the notice shall be sent to the persons noted in paragraph (g) of this section.

(h) Copies of notice sent to Food and Drug Administration. In addition to the publication of notice required by paragraph (b) of this section, copies of such notice will be mailed to Food and Drug Administration, Shellfish Sanitation Branch (HF-417), 200 C Street SW., Washington, D.C. 20204.

(1) Failure to give certain notices. Failure to send copies of any public notice in accordance with paragraphs (c) through (h) of this section shall not invalidate any notice given pursuant to this section nor shall such fail. ure invalidate any subsequent administrative proceeding.

(j) Failure of consulted agency to respond. Unless advice to the contrary is received from the appropriate Federal or State agency within 30 days of the date copies of any public notice were dispatched to such agency,

such agency will be deemed to have no ob. jection to the issuance of the permit identified in the public notice.

plied with, request a public hearing to consider the issuance or denial of, or the conditions to be imposed upon, such permit. Any such request for a public hearing shall be in writing, shall identify the person requesting the hearing, shall state with particularity any objections to the issuance or denial of, or to the conditions to be im. posed upon, the proposed permit, and shall state the issues which are proposed to be raised by such person for consideration at a hearing.

(b) Whenever (1) a written request satisfying the requirements of paragraph (a) of this section has been received and the Administrator or Re. gional Administrator, as the case may be, determines that such request presents genuine issues, or (2) the Admin. istrator or Regional Administrator, as the case may be, determines in his discretion that a public hearing is necessary or appropriate, the Administrator or the Regional Administrator, as the case may be, will set a time and place for a public hearing in accordance with § 222.5, and will give notice of such hearing by publication in accordance with § 222.3.

(c) In the event the Administrator or the Regional Administrator, as the case may be, determines that a request filed pursuant to paragraph (a) of this section does not comply with the requirements of such paragraph (a) or that such request does not present substantial issues of public interest, he shall advise, in writing, the person requesting the hearing of his determination.

8 222.5 Time and place of hearings.

Hearings shall be held in the State in closest proximity to the proposed dump site, whenever practicable, and shall be set for the earliest practicable date no less than 30 days after the receipt of an appropriate request for a hearing or a determination by the Administrator or the Regional Administrator, as the case may be, to hold such a hearing without such a request.

$ 222.4 Initiation of hearings

(a) In the case of any permit application for which public notice in advance of permit issuance is required in accordance with paragraph (b) of $ 222.3, any person may, within 30 days of the date on which all provisions of paragraph (b) of $ 222.3 have been com

$ 222.6 Presiding Officer.

A hearing convened pursuant to this Subchapter H shall be conducted by a Presiding Officer. The Administrator

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