FLOOD08883

• County: Statewide
• Basin: Statewide
• Title: Federal Register EPA Guidelines for Specification of Disposal Sites for Dredged or Fill Material
• Date: 12/24/1980
• Prepared By: EPA
• Floodplain - Doc Type: Educational/Technical/Reference Information

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Federal Register I Vol. 45. No. 249 I Wednesday. December 24. 1980 / Rules and Regulations 8534.

(i) If there is a reasonable probability
of chemical contamination, conduct the
appropriate tests according to the
section on Evaluation and Testing
l~ 230.61).
(j) Identify appropriate and
practicable changes to the project plan
to minimize the environmental impact of
the discharge. based upon the
spet,:ialized methods of minimization of
Hnpacts in Subpart H.
(k) Make and document Factual
Delerminalicns in ~ 230.11.
(i) Make and document Findings of
Compliance (~ 230.12) by comparing
Foetusl Determinations with the
requirements for discharge of ~ 230.10.
This outline of the steps to follow in
u::.ing the Guidelines is simplified for
purposes of illustration. The actual
process followed may be iterative, with
the results of one step leading to a
reexamilli.i tion of previous steps. The
permitting authority must address all of
t~e relevant provisions of tbe Guidelines
:n red ching a Finding of Compliance in
dO indi\'i:J.uai case.

~ 230.6 Adaptability.

(a1 The F,}aoner in which these
Guidelines are used depends on the
phYSICcd. bjolo~icdl. and chemical nature
of the proposed extl'action site the
malcfldJ to bp discharged. and the
c;\nG!ddte dIsposal site. including any
ulhcf ir.:P'JrlCiot components cf the
f'('J5}-~Ii-'m Ll'in~ e'.<lIU,ltr.:U.
L),lcurrcntatlOtl to demonstrate
kncwiedge about the extraction site.
materials to be extracted. and the
candidate disposal site is an essential
component of guideline application.
These Guidelines allow evaluation and
documentation for a variety of activities.
ranging from those with large. complex
impacts on the aquatic environment to
those for which the impact is likely to be
innocuous. It is unlikely that the
Guidelines will apply in their entirety to
anyone activity. no malter how
complex. It is anticipated that
substantial numbers of permit
appl,cZltions will be for minor. routine
activIties that have little. if any,
potential for significant degradation of
the aquatic environment. It generally is
not intended or expected that extensive
testing, evaluation or analysis will be
needed to make findings of compliance
in such routine cases. Where the
conditions for General permits are met,
and where numerous applications for
Similar activities are likely, the use of
General permits will eliminate repetitive
evaluation and documentation for
indIvidual discharges.
(bJ The Guidelines user. ircluding the
agency or agencies responsirJle for

implementing the Guidelines. must
recognize the different levels of effort
tha t should be associa ted with varying
degrees of impact and require or prepare
commensurate documentation. The level
of documentation should reflect the
significance and complexity of the
discharge activity.
(c) An essential part of the evaluation
process involves making determinations
as to the relevance of any portiones) of
the Guidelines and conducting further
evaluation only as needed. However.
,I where portions of the Guidelines review
procedure are "short form" evaluations.
there still must be sufficient information
[including consideration of both
individual and cumulative impacts) to
support the decision of whether to
specify the site for disposal of dredged
or fill material and to support the
decision to curtail or abbreviate the
evaluation process. The presumption
against the discharge in i 230.1 applies
to this decision-making.
(d) In the case of activities covered by
General permits or 208(b)[4)[B) and (C)
Best r..1an<igement Practices. the analysis
ana documentation required by the
Guiuelines will be performed at the time
of Gt:nera! permit issuance or
::08(b)(4)(B) and (C) Best Management
Practlces promulgation and will not be
repe.1ted when activities are conducted
under a General permit or 206(b)(4)(B]
and (C) Best Management Practices
control. These Guidelines do not require
reporting or formal written
wmmunication at the time individual
actldties are initiated under a General
permit or 208(b)[4)(B) and (C) Best
Management Practices. However. a
particular General permit may require
appropriate reporting.

g 230.7 General permits.
(al Conditions for the issuance of
General permits,"A General permit for a
category of activities involving the
discharge of dredged or fill material
complies with the Guidelines if it meets
the applicable restrictions on the
discharge in ~ 230.10 and if the
permitting authority determines that:
(1) The activities in such category are
similar in nature and similar in their
impact upon water quality and the
aquatic environment;
(2) The activities in such category will
have only minimal adverse effects when
performed separately; and
{3} The activities in such category will
have only minimal cumulative adverse
effects on water quality and the aquatic
environment.
(bJ Et'aluation process. To reach the
determinations required in paragraph (8)
of this section, the permitting authority

shall set forth in writing an evaluation of
the potential individual and cumulative
impacts of the category of activities to
be regulated under the General permit.
While some of the information
necessary for this evaluation can be
obtained from potential permittees and
others through the proposal of General
permits for public review, the evaluation
must be completed before any General
permit is issued, and the results must be
published with the final permit.
(1) This evaluation shall be based
upon consideration of the prohibitions
listed in ~ 230.10(b) and the factors
listed in ~ 230.10(c). and shall include
documented information supporting
each factual determination in 1230.11 of
the Guideli"nes (consideration of
alternatives in ~ 230.10(a) are not
directly applicable to General permits);
(2) The evaluation shall include a
precise description of the activities to be
permitted under the General permit.
explaining why they are sufficiently
similar in nature and in environmental
impact to warrant regulation under a
single General permit based on Subparts
C-F of the Guidelines. Allowable
differences between activities which
will be regulated under the same
General permit shall be specified.
Actidties otherwise similar in natu:e
may differ in environmental "impact due
to their location in or near ecologically
sensitive areas. areas with unique
chemical or physical characteristics.
areas containing concentrations of toxic
substances. or areas regulated for.
specific human uses or by specific land
or water. management plans (e.g.. aress
regulated under an approved Coastal
Zone Management Plan). If there lJre
specific geographic areas within the
purview of a proposed General permit
(called a draft General permit under.
State 404 program). which are more
appropriately regulated by individual
permit due to the considerations cited 111
this paragraph. they shall be ciearly
delineated in the evaluation and
excluded from the permit. In addition.
the permitting authority may require an
individual permit for any proposed
activity under a General permit where
the nature or location of the activity
makes an individual permit more
appropriate,
(3) To predict cumulative effects. the
evaluation shall include the number of
individual discharge activities likely to
be regulated under a General permit
until its expiration. including repetition:.
of individual discharge activities at a
single location.