PART 220—GENERAL 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. (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. (b) Relationship to international agreements. (c) Exclusions Fish wastes. (i) Harbors or other protected or enclosed coastal waters; or (ii) Any other location where the Administrator finds that such dumping may reasonably be anticipated to endanger health, the environment or ecological systems. (2) Fisheries resources. (3) Vessel propulsion and fixed structures. (i) Routine discharges of effluent incidental to the propulsion of vessels 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 or 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. § 220.2 Definitions. As used in this subchapter H: (a) Act (b) FWPCA (c) Ocean ocean waters (d) Material (e) Dumping Provided, Provided further, (f) Sewage Treatment Works (g) Criteria (h) Dredged Material Permit (i) Unless the context otherwise requires, all other terms shall have the meanings assigned to them by the Act. § 220.3 Categories of permits. This § 220.3 provides for the issuance of general, special, emergency, and research permits for ocean dumping under section 102 of the Act. (a) General permits. (b) Special permits. (c) Emergency permits. (d) [Reserved] (e) Research permits. (f) Permits for incineration at sea. [42 FR 2468, Jan. 11, 1977; 43 FR 1071, Jan. 6, 1978; 73 FR 74986, Dec. 10, 2008] § 220.4 Authorities to issue permits. (a) Determination by Administrator. (b) Authority delegated to Regional Administrators. (1) The dumping of material in those portions of the territorial sea 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 this subchapter H with respect to the 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. [42 FR 2468, Jan. 11, 1977, as amended at 73 FR 74986, Dec. 10, 2008]