### 251 Environmental Protection Agency § 229.2

(F) Restrictions: ( 1 ) Disposal shall be limited to dredged material determinedto be suitable for ocean disposal according to 40 CFR 227.13, from the Siuslaw River navigation channel and adjacent areas;

( 2 ) Disposal shall be managed by therestrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);

( 3 ) Monitoring, as specified in the SMMP, is required.

(o) Region X Final Other Wastes Sites.

(1) No final sites. (2) [Reserved]

[59 FR 61130, Nov. 29, 1994]

E DITORIAL N OTE : For F EDERAL R EGISTER citations affecting §228.15, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.



### PART 229—GENERAL PERMITS

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

A UTHORITY : 33 U.S.C. 1412 and 1418.

S OURCE : 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 aircraftregistered 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 andrequirements as may be deemed appropriate and desirable by the United States Navy, United States Coast Guard, or civil authority 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 Pensacola, Florida. All 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 tothe 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 §§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 Territorial Sea and the Contiguous Zone, which is in closest proximity to the proposed disposal site.

(c) Flowers and wreaths consisting ofmaterials which are readily decomposable in the marine environment may be disposed of under the general permit set forth in this section at the site atwhich 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.

§ 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 anyother location for the purpose of sinking such vessels in ocean waters in testing ordnance and providing relateddata subject to the following conditions:

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


### 252 40 CFR Ch. I (7–1–11 Edition) § 229.3

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

(3) All such vessel sinkings shall beconducted in water at least 1,000 fathoms (6,000 feet) deep and at least 50 nautical miles from land, as defined in §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 (i) 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 tanksand 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 tothe 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.

§ 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 ofdisposal 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 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 tobe 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 adequateevaluation 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 Corpsof Engineers and/or the District Commander of the U.S. Coast Guard, appropriate measures shall be taken, prior todisposal, by qualified personnel to remove to the maximum extent practicable all materials which may degrade the marine environment, including without limitation (i) emptying ofall 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 readilydetachable 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 disposaldate, notify the EPA Regional Administrator and the District Commander of the U.S. Coast Guard that the vessel has been cleaned and is available forinspection; the vessel may be transported for dumping only after EPA andthe Coast Guard agree that the requirements of paragraph (a)(3) of this section have been met.

(5) Disposal of these vessels shalltake 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