C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER H—OCEAN DUMPING › PART 230—SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES FOR DREDGED OR FILL MATERIAL › Subpart A—General

40 C.F.R. § 230.2

Applicability

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(a) These Guidelines have been developed by the Administrator of the Environmental Protection Agency in conjunction with the Secretary of the Army acting through the Chief of Engineers under section 404(b)(1) of the Clean Water Act (33 U.S.C. 1344). The Guidelines are applicable to the specification of disposal sites for discharges of dredged or fill material into waters of the United States. Sites may be specified through:

(1) The regulatory program of the U.S. Army Corps of Engineers under sections 404(a) and (e) of the Act (see 33 CFR Parts 320, 323 and 325);

(2) The civil works program of the U.S. Army Corps of Engineers (see 33 CFR 209.145 and section 150 of Pub. L. 94-587, Water Resources Development Act of 1976);

(3) Permit programs of States approved by the Administrator of the Environmental Protection Agency in accordance with section 404(g) and (h) of the Act (see 40 CFR parts 122, 123 and 124);

(4) Statewide dredged or fill material regulatory programs with best management practices approved under section 208(b)(4)(B) and (C) of the Act (see 40 CFR 35.1560);

(5) Federal construction projects which meet criteria specified in section 404(r) of the Act.

(b) These Guidelines will be applied in the review of proposed discharges of dredged or fill material into navigable waters which lie inside the baseline from which the territorial sea is measured, and the discharge of fill material into the territorial sea, pursuant to the procedures referred to in paragraphs (a)(1) and (2) of this section. The discharge of dredged 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 (40 CFR parts 220 through 228).

(c) Guidance on interpreting and implementing these Guidelines may be prepared jointly by EPA and the Corps at the national or regional level from time to time. No modifications to the basic application, meaning, or intent of these Guidelines will be made without rulemaking by the Administrator under the Administrative Procedure Act (5 U.S.C. 551 et seq.).

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1982–2023 · leading case: National Mining Ass'n v. Jackson
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National Mining Ass'n v. Jackson (2011) dcd · cites it 2× “under the [APA]”, 40 C.F.R. § 230.2 (c), it seems quite apparent that the MCIR Assessment and the EC Process enacted a change in the basic application of the permitting procedures for Section 404 permits.”
Nat'l Parks Conservation Ass'n v. Semonite (2018) cadc “§ 1344 (b) ; 40 C.F.R. § 230.2 . In deciding whether to grant a permit pursuant to Section 404, the Corps must conduct a "Public Interest Review.”
Sierra Club v. Robert B. Flowers (2010) ca11 · cites it 2× “1 ; 40 C.F.R. § 230.2 . The Corps must follows these guidelines in deciding whether to issue a Section 404 permit.”
City of Alma v. United States (1990) gasd · cites it 2× “These regulations apply to all existing, proposed or potential disposal sites for discharges of dredged or fill material into waters of the United States, as defined in 40 CFR 230.2. § 231.2 § 231.2 Definitions.”
Save Our Community, Save Our Community v. U.S. Environmental Protection Agency (1992) ca5 “40 C.F.R. 230.2(a). See also 33 C.F.R. 320.”
City Club of New York v. United States Army Corps of Engineers (2017) nysd “See 40 C.F.R. § 230.2 (a); see also Sierra Club v.”
Sierra Club v. Van Antwerp (2010) dcd “§ 1344 (b); 40 C.F.R. § 230.2 . These guidelines provide that a permit may not be issued if “(i) there is a practicable alternative which would have less adverse impact and does not have other significant adverse environmental consequences, (ii) the discharge will result in…”
Hough v. Marsh (1982) mad “-5(a); 40 C.F.R. § 230.2 (a). The Corps regulations prescribe twelve “general policies” for evaluating permit applications, five of which are here relevant.”
Mingo Logan Coal Company, Inc. v. United States Environmental Protection Agency (2012) dcd “§ 1344 (r), 40 C.F.R. § 230.2 (a); Def.’s MSJ Mem. at 18-19 (same).”
City of Olmsted Falls v. United States Environmental Protection Agency (2003) ohnd “See 40 C.F.R. § 230.2 (a) (“These Guidelines have been developed by the Administrator of the Environmental Protection Agency in conjunction with Secretary of the Army acting through the Chief of Engineers under section 404(b)(1) of the Clean Water Act.”
Sierra Club v. United States Army Corps of Engineers (2006) njd “; 40 C.F.R. §§ 230.2 (q-l), 230.41. To determine whether a practicable alternative exists, the Army Corps undertakes a multi-step sequential analysis.”
Hoosier Environmental Council, Inc. v. U.S. Army Corps of Engineers (2000) insd “§ 1251 (a); 40 C.F.R. § 230.2 . Section 404 of the CWA governs the discharge of dredged or fill material into the waters of the United States.”
Show all 25 citing cases →
— 40 C.F.R. § 230.2(1) — 1 case
Protect Our Water v. Flowers (2004) caed
— 40 C.F.R. § 230.2(a) — 2 cases
Save Our Community, Save Our Community v. U.S. Environmental Protection Agency (1992) ca5 “40 C.F.R. 230.2(a). See also 33 C.F.R. 320.”
Save Our Community v. U.S. E.P.A. (1992) ca5
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.