parameters shall be made at 8-hour intervals.

(3) Surface Phenomena. Observations shall be made of oil slicks, floating materials, and other visible evidence of pollution; and, where possible, collections of floating materials shall be made.

(g) Survey Procedures and Techniques. Techniques and procedures used for sampling and analysis shall represent the state-of-the-art in oceanographic survey and analytical practice. Survey plans shall specify the methods to be used and will be subject to approval by EPA.

(h) Quality Assurance. The EPA management authority may require that certain samples be submitted on a routine basis to EPA laboratories for analysis as well as being analyzed by the surveyor, and that EPA personnel participate in some field surveys.

charged with the responsibility for making such arrangements;

(2) Burial at sea of human remains which are not cremated shall take place no closer than 3 nautical miles from land and in water no less than one hundred fathoms (six hundred feet) deep and in no less than three hundred fathoms (eighteen hundred feet) from (i) 27°30'00" to 31°00'00" North Latitude off St. Augustine and Cape Canaveral, Florida; (ii) 82°20'00" to 84°00'00" West Longitude off Dry Tortugas, Florida; and (iii) 87°15'00" to 89°50'00" West Longitude off the Mississippi River Delta, Louisiana, to Pen. sacola, Florida. Al necessary measures shall be taken to ensure that the remains sink to the bottom rapidly and permanently; and

(3) Cremated remains shall be buried in or on ocean waters without regard to the depth limitations specified in paragraph (a)(2) of this Section provided that such burial shall take place no closer than 3 nautical miles from land.

(b) For purposes of this Section and 88 229.2 and 229.3, "land" means that portion of the baseline from which the territorial sea is measured, as provided for in the Convention on the Territori. al Sea and the Contiguous Zone, which is in closest proximity to the proposed disposal site.

(c) Flowers and wreaths consisting of materials which are readily decom. posable in the marine environment may be disposed of under the general permit set forth in this Section at the site at which disposal of human remains is authorized.

(d) All burials conducted under this general permit shall be reported within 30 days to the Regional Administrator of the Region from which the vessel carrying the remains departed.

PART 229-GENERAL PERMITS

Sec. 229.1 Burial at sea. 229.2 Transport of target vessels. 229.3 Transportation and disposal of ves

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

SOURCE: 42 FR 2489, Jan. 11, 1977, unless otherwise noted.

$ 229.1 Burial at sea.

(a) All persons subject to Title I of the Act are hereby granted a general permit to transport human remains from the United States and all persons owning or operating a vessel or aircraft registered in the United States or flying the United States flag and all departments, agencies, or instrumentalities of the United States are hereby granted a general permit to transport human remains from any location for the purpose of burial at sea and to bury such remains at sea subject to the following conditions:

(1) Except as herein otherwise provided, human remains shall be prepared for burial at sea and shall be buried in accordance with accepted practices and requirements as may be deemed appropriate and desirable by the United States Navy, United States Coast Guard, or civil authority

§ 229.2 Transport of target vessels.

(a) The U.S. Navy is hereby granted a general permit to transport vessels from the United States or from any other location for the purpose of sink. ing such vessels in ocean waters in testing ordnance and providing related data subject to the following conditions:

(1) Such vessels may be sunk at times determined by the appropriate Navy official;

(2) Necessary measures shall be taken to insure that the vessel sinks to the bottom rapidly and permanently, and that marine navigation is not otherwise impaired by the sunk vessel;

(3) All such vessel sinkings shall be conducted in water at least 1,000 fathoms (6,000 feet) deep and at least 50 nautical miles from land, as defined in 8 229.1(b); and

(4) Before sinking, appropriate measures shall be taken by qualified personnel at a Navy or other certified facility to remove to the maximum extent practicable all materials which may degrade the marine environment, including without limitation (1) emptying of all fuel tanks and fuel lines to the lowest point practicable, flushing of such tanks and lines with water, and again emptying such tanks and lines to the lowest point practicable so that such tanks and lines are essentially free of petroleum, and (ii) removing from the hulls other pollutants and all readily detachable material capable of creating debris or contributing to chemical pollution.

(b) An annual report will be made to the Administrator of the Environmental Protection Agency setting forth the name of each vessel used as a target vessel, its approximate tonnage, and the location and date of sinking.

the EPA Regional Administrator for the Region in which the proposed disposal will take place:

(i) A statement detailing the need for the disposal of the vessel;

(ii) Type and description of vessel to be disposed of and type of cargo normally carried;

(iii) Detailed description of the proposed disposal procedures;

(iv) Information on the potential effect of the vessel disposal on the marine environment; and

(v) Documentation of an adequate evaluation of alternatives to ocean disposal (i.e., scrap, salvage, and reclamation).

(2) Transportation for the purpose of ocean disposal may be accomplished under the supervision of the District Commander of the U.S. Coast Guard or his designee.

(3) Except in emergency situations, as determined by the U.S. Army Corps of Engineers and/or the District Commander of the U.S. Coast Guard, appropriate measures shall be taken, prior to disposal, by qualified personnel to remove to the maximum extent practicable all materials which may degrade the marine environment, including without limitation (i) emptying of all fuel lines and fuel tanks to the lowest point practicable, flushing of such lines and tanks with water, and again emptying such lines and tanks to the lowest point practicable so that such lines and tanks are essentially free of petroleum, and (ii) removing from the hulls other pollutants and all readily detachable material capable of creating debris or contributing to chemical pollution.

(4) Except in emergency situations, as determined by the U.S. Army Corps of Engineers and/or the U.S. Coast Guard, the dumper shall, no later than 10 days prior to the proposed disposal date, notify the EPA Regional Administrator and the District Com. mander of the U.S. Coast Guard that the vessel has been cleaned and is available for inspection; the vessel may be transported for dumping only after EPA and the Coast Guard agree that the requirements of paragraph (a)(3) of this Section have been met.

$ 229.3 Transportation and disposal of

vessels. (a) All persons subject to Title I of the Act are hereby granted a general permit to transport vessels from the United States, and all departments, agencies, or instrumentalities of the United States are hereby granted a general permit to transport vessels from any location for the purpose of disposal in the ocean subject to the following conditions:

(1) Except in emergency situations, as determined by the U.S. Army Corps of Engineers and/or the U.S. Coast Guard, the person desiring to dispose of a vessel under this general permit shall, no later than 1 month prior to the proposed disposal date, provide the following information in writing to

Sec. 230.4-1 Physical and chemical-biological

interactive effects and approaches for

evaluation. 230.4-2 Water quality considerations. 230.5 Selection of disposal sites and condi.

tioning of discharges of dredged or fill

material. 230.6 General or categorical permits. 230.7 Advanced identification of dredged

material disposal areas. 230.8 Revision. Appendix A.

AUTHORITY: Sec. 404(b) Federal Water Pollution Control Act of 1972; Pub. L. 92500.

SOURCE: 40 FR 41293, Sept. 5, 1975, unless otherwise noted.

(5) Disposal of these vessels shall take place in a site designated on current nautical charts for the disposal of wrecks or no closer than 22 kilometers (12 miles) from the nearest land and in water no less than 50 fathoms (300 feet) deep, and all necessary measures shall be taken to insure that the vessels sink to the bottom rapidly and that marine navigation is not otherwise impaired.

(6) Disposal shall not take place in established shipping lanes unless at a designated wreck site, nor in a desig. nated marine sanctuary, nor in a location where the hulk may present a hazard to commercial trawling or national defense (see 33 CFR 205).

(7) Except in emergency situations, as determined by the U.S. Army Corps of Engineers and/or the U.S. Coast Guard, disposal of these vessels shall be performed during daylight hours only.

(8) Except in emergency situations, as determined by the U.S. Army Corps of Engineers and/or the District Commander of the U.S. Coast Guard, the Captain-of-the-Port (COTP), U.S. Coast Guard, and the EPA Regional Administrator shall be notified fortyeight (48) hours in advance of the proposed disposal. In addition, the COTP and the EPA Regional Administrator shall be notified by telephone at least twelve (12) hours in advance of the vessel's departure from port with such details as the proposed departure time and place, disposal site location, estimated time of arrival on site, and the name and communication capability of the towing vessel. Schedule changes are to be reported to the COTP as rapidly as possible.

(9) The National Ocean Survey, NOAA, 6010 Executive Blvd., Rockville, MD 20852, shall be notified in writing, within 1 week, of the exact coordinates of the disposal site so that it may be marked on appropriate charts.

8 230.1 Purpose and scope.

(a) Purpose. The guidelines contained herein have been developed by the Administrator, Environmental Protection Agency in conjunction with the Secretary of the Army pursuant to section 404(b) of the Federal Water Pollution Control Act (33 U.S.C. 1344).

(1) These guidelines are required by section 404 of the Act to be applied in the issuance of permits for the discharge of dredged or fill material at specified disposal sites. In the event the District Engineer's application of the guidelines would preclude the discharge of dredged or fill material, the District Engineer in making the decision will also evaluate the economic impact on navigation and anchorage which will occur by failing to utilize the proposed disposal site.

(2) In addition, under section 404(c) of the Act, no discharge of dredged or fill material will occur at a proposed disposal site in a navigable water if the Administrator of EPA determines, after notice and opportunity for a public hearing and consultation with the Secretary of the Army, that such discharge will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife or recreational areas.

(b) Applicability. These guidelines are applicable to all activities involv. ing the discharge of dredged or fill material in navigable waters. They will be applied by the Corps of Engineers in the review of proposed discharges of

PART 230—NAVIGABLE WATERS

Sec. 230.1 Purpose and scope. 230.2 Definitions. 230.3 Evaluation procedures. 230.4 General approaches for technical

evaluation.

dredged or fill material into navigable waters which lie inside the baseline from which the territorial sea is measured or the discharge of fill material into the territorial sea pursuant to the procedures specified in 33 CFR 209.120 and 33 CFR 209.145.

(1) The discharge of dredge material into the territorial sea is governed by the Marine Protection, Research, and Sanctuaries Act of 1972, Pub. L. 92– 532, and regulations and criteria issued pursuant thereto. (See 33 CFR 209.120, "Permits for Activities in Navigable Waters or Ocean Waters" and 33 CFR 209.145, “Federal Projects Involving the Disposal of Dredged Material in Navigable and Ocean Waters”, and 40 CFR 227. “Ocean Dumping Final Regulations and Criteria".)

(2) These guidelines apply in a like manner to all discharges of dredged or fill material into navigable waters proposed to be undertaken by members of the general public and Federal Agencies including those Corps of Engineers operations that will result in such discharges.

or deny permits under section 404 of the Act.

(e) The term “territorial sea” means the belt of the sea measured from the baseline as determined in accordance with the Convention on the Territorial Sea and the Contiguous Zone and extending seaward a distance of three miles.

(f) The term “disposal site" means the location within fixed geographic boundaries in which a discharge of dredged or fill material is proposed or has been undertaken, and includes the volume of water and the substrate over which such water volume lies, where applicable.

(g) The term “constituents” means the chemical substances, the solids, and the organisms associated with dredged or fill material.

$ 230.2 Definitions.

For purposes of this subpart 230, the following terms shall have the mean. ings indicated:

(a) The term "Act" means the Fed. eral Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, 33 U.S.C. 1251 et seq.).

(b) The definitions set forth in 33 CFR 209.120(d) are incorporated herein by reference. These cover: navi. gable waters, dredged material, discharge of dredged material, fill material, and discharge of fill material. A copy of these definitions is appended hereto.

(c) The term “Regional Administra. tor" means the EPA Regional Administrator for the particular EPA Region in which dredged or fill material is proposed to be discharged.

(d) The term "District Engineer" means the District Engineer for the U.S. Army Corps of Engineers District in which dredged or fill material is proposed to be discharged or such other individual as may be designated by the Secretary of the Army to issue

$ 230.3 Evaluation procedures.

(a) All proposed discharges of dredged or fill material will be processed and evaluated in accordance with these guidelines and with applicable Corps of Engineers regulations (33 CFR 209.120 and 33 CFR 209.145).

(b) Upon issuance of the public notice required by 33 CFR 209.120(3) and 209.145(g) the District Engineer shall send a copy of the public notice to the Regional Administrator.

(c) The role of the Regional Administrator shall include consultation with the District Engineer on the interpretation of the guidelines, review and comment to the District Engineer on permit applications, and implementation of section 404(c) in appropriate cases.

(d) The District Engineer shall utilize these guidelines by making an ecological evaluation following the guidance in $ 230.4, including technical evaluation where appropriate, in conjunction with the evaluation considerations specified in $ 230.5. This evaluation shall be utilized by the District Engineer in making one of the following determinations pursuant to section 404(b)(1) of the Act:

(1) Allowing the proposed discharge with appropriate discharge conditions to minimize unacceptable effects on the aquatic environment;

(2) Denying the proposed discharge when the discharge will have an unacceptable effect on the aquatic environment;

(3) Requesting additional information where necessary to ensure & sound decision.

(e) The District Engineer shall make use of the following approaches where practicable: Short form application procedures as may be subsequently developed by the Chief of Engineers for minor activities with minimal environmental effects; use of general permit procedures (see $ 230.6); and advance identification of disposal areas (see $ 230.7). Evaluation of the proposed discharge will also be made based on information contained in Environmental Impact Assessments, Environmental Impact Statements if required, Coastal Zone Management Programs, and River Basin Plans.

$ 230.4 General approaches for technical

evaluation. The effects of discharges of dredged or fill material on aquatic organisms and human uses of navigable waters may range from insignificant disruption to irreversible change at the disposal site. Section 230.4-1 describes the types of ecological effects that may result from the discharge of dredged or fill material and technical approaches to evaluate such effects. Ecological impact from dredged or fill material discharges can be divided into two main categories: (a) Physical effects; and (b) chemical-biological interactive effects.

To the extent permitted by the state of the art, expected effects such as toxicity, stimulation, inhibition or bioaccumulation may best be estimated by appropriate bioassays. Suitabil. ity of the proposed disposal sites may be evaluated by the use, where appropriate, of sediment analysis or bioevaluation. In order to avoid unreason. able burdens on applicants in regard to the amounts and types of data to be provided, consideration will be given by the District Engineer to the economic cost of performing the evaluation, the utility of the data to be provided, and the nature and magnitude of any potential environmental effect. EPA in conjunction with the Corps of Engineers will publish a procedures manual that will cover summary and description of tests, definitions, sample collection and preservation, procedures, calculations, and references. Interim guidance to applicants concerning the applicability of specific approaches or procedures will be fur. nished by the District Engineer.

(a) Physical Effects. Physical effects on the aquatic environment include the potential destruction of wetlands, impairment of the water column, and the covering of benthic communities. Other physical effects include changes in bottom geometry and substrate composition that cause subsequent alterations in water circulation, salinity gradients and the exchange of constituents between sediments and overlying water with subsequent alterations of biological communities. (See $ 230.5 of these guidelines.)

(1) From a national perspective, the degradation or destruction of aquatic resources by filling operations in wetlands is considered the most severe environmental impact covered by these guidelines. Evaluation procedures for determining the environmental effects of fill operations in wetlands are relatively straight forward. The guiding principle should be that destruction of highly productive wetlands may represent an irreversible loss of a valuable aquatic resource. (See

CFR 209.120(g)(3) and 230.5 of these guidelines.) Wetlands considered to perform important functions include but are not limited to the following:

$ 230.4-1 Physical and chemical-biological

interactive effects and approaches for

evaluation. No single test or approach can be applied in all cases to evaluate the effects of proposed discharges of dredged or fill material. Evaluation of the significance of physical effects often may be made without laboratory tests by examining the character of the dredged or fill material proposed for discharge and the discharge area with particular emphasis on the principles given in 8 230.5. The chemical changes in water quality may best be simulated by use of an elutriate test.

33