PART 223—CONTENTS OF PERMITS; REVISION, REVOCATION OR LIMITATION OF OCEAN DUMPING PERMITS UNDER SECTION 104(d) OF THE ACT Authority: Secs. 102, 104, 107, 108, Marine Protection Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1412, 1414, 1417, 1418) Source: 42 FR 60702, Nov. 28, 1977, unless otherwise noted. Subpart A—Contents of Ocean Dumping Permits Issued Under Section 102 of the Act § 223.1 Contents of special, emergency, general, and research permits; posting requirements. (a) All special, emergency and research permits shall be displayed on the vessel engaged in dumping and shall include the following: (1) Name of permittee; (2) Means of conveyance and methods and procedures for release of the materials to be dumped; (3) The port through or from which such material will be transported for dumping; (4) A description of relevant physical and chemical properties of the materials to be dumped; (5) The quantity of the material to be dumped expressed in tons; (6) The disposal site; (7) The times at which the permitted dumping may occur and the effective date and expiration date of the permit; (8) Special provisions which, after consultation with the Coast Guard, are deemed necessary for monitoring or surveillance of the transportation or dumping; (9) Such monitoring relevant to the assessment of the impact of permitted dumping activities on the marine environment at the disposal site as the Administrator or Regional Administrator, as the case may be, determine to be necessary or appropriate; and (10) Any other terms and conditions determined by the Administrator, or Regional Administrator, as the case may be, to be necessary or appropriate, including, without limitation, release procedures and requirements for the continued investigation or development of alternatives to ocean dumping. (b) General permits shall contain such terms and conditions as the Administrator deems necessary or appropriate. (c) [Reserved] [42 FR 60702, Nov. 28, 1977, as amended at 73 FR 74986, Dec. 10, 2008] Subpart B—Procedures for Revision, Revocation or Limitation of Ocean Dumping Permits Under Section 104(d) of the Act § 223.2 Scope of these rules. (a) These rules of practice shall govern all proceedings under section 104(d) of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1414(d)), to revise, revoke or limit the terms and conditions of any permit issued pursuant to section 102 of the Act. Section 104(d) provides that “the Administrator * * * may limit or deny the issuance of permits, or he may alter or revoke partially or entirely the terms of permits issued by him under this title, for the transportation for dumping, or for the dumping, or both of specified materials or classes of materials, where he finds that such materials cannot be dumped consistently with the criteria and other factors required to be applied in evaluating the permit application.” (b) In the absence of specific provisions in these rules, and where appropriate, questions arising at any stage of the proceedings shall be resolved at the discretion of the Presiding Officer, the Regional Administrator, or the Administrator, as appropriate. § 223.3 Preliminary determination; notice. (a) General. (1) The cumulative impact of the permittee's dumping activities or the aggregate impact of all dumping activities at the dump site designated in the permit should be categorized as Impact Category I, as defined in § 228.10(c)(1) of this subchapter; or (2) There has been a change in circumstances relating to the management of the disposal site designated in the permit; or (3) The dumping authorized by the permit would violate applicable water quality standards; or (4) The dumping authorized by the permit can no longer be carried out consistent with the criteria set forth in parts 227 and 228. (b) Preliminary determination. (c) Form of notification. (d) Contents of notice. (1) A brief description of the contents of the permit, as set forth in § 223.1; (2) A description of the proposed revision, revocation, or limitation; (3) A statement of the reason for such proposed revision, revocation, or limitation; and (4) A statement that within thirty (30) days of the date of dissemination of the notice, any person may request a public hearing on the proposed revision, revocation or limitation. [42 FR 60702, Nov. 28, 1977, as amended at 73 FR 74986, Dec. 10, 2008] § 223.4 Request for, scheduling and conduct of public hearing; determination. (a) Request for hearing. (1) Identification of the person requesting the hearing and his interest in the proceeding; (2) A statement of any objections to the proposed revision, revocation or limitation or to any facts or reasons identified as supporting such revision, revocation or limitation; and (3) A statement of the issues which such person proposes to raise for consideration at such hearing. (b) Grant or denial of hearing; notification. (c) Time and place of hearing. (d) Presiding Officer. (e) Conduct of the public hearing. (f) Recommendations of Presiding Officer. (g) Determination of the Administrator or Regional Administrator. [42 FR 60702, Nov. 28, 1977, as amended at 57 FR 5346, Feb. 13, 1992; 84 FR 31514, July 2, 2019] § 223.5 Request for, scheduling and conduct of adjudicatory hearing; determination. Within ten (10) days following the receipt of the Administrator's or Regional Administrator's determination issued pursuant to § 223.4(g), any person who participated in the public hearing held pursuant to § 223.4 may request that an adjudicatory hearing be held for the purpose of reviewing such determination or any part thereof. Such request shall be submitted and disposed of, and any adjudicatory hearing convened shall be conducted in accordance with the procedures set forth in §§ 222.10 (a), (b), (d), and (e) and 222.11.