---
kind: "section"
citation: "40 C.F.R. § 227.2"
title: "40"
number: "227.2"
heading: "Materials which satisfy the environmental impact criteria of subpart B."
url: "https://uscodex.org/cfr/40/227.2"
---

# §227.2. Materials which satisfy the environmental impact criteria of subpart B.

- (a) If the applicant satisfactorily demonstrates that the material proposed for ocean dumping satisfies the environmental impact criteria set forth in subpart B, a permit for ocean dumping will be issued unless:
  - (1) There is no need for the dumping, and alternative means of disposal are available, as determined in accordance with the criteria set forth in subpart C; or
  - (2) There are unacceptable adverse effects on esthetic, recreational or economic values as determined in accordance with the criteria set forth in subpart D; or
  - (3) There are unacceptable adverse effects on other uses of the ocean as determined in accordance with the criteria set forth in subpart E.
- (b) If the material proposed for ocean dumping satisfies the environmental impact criteria set forth in [subpart B](/cfr/40/subpartB.md), but the Administrator or the Regional Administrator, as the case may be, determines that any one of the considerations set forth in paragraph [(a)(1)](#a-1), [(2)](#a-2) or [(3)](#a-3) of this section applies, he or she, as the case may be, will deny the permit application.

## Notes

### Amendments

[42 FR 2476, Jan. 11, 1977, as amended at 73 FR 74986, Dec. 10, 2008]

### Authority

Authority: 33 U.S.C. 1412 and 1418.

### Source

Source: 42 FR 2476, Jan. 11, 1977, unless otherwise noted.

### Amendments

[42 FR 2476, Jan. 11, 1977, as amended at 73 FR 74986, Dec. 10, 2008]