MPRSA Special Permits

The EPA may issue a special permit under the Marine Protection, Research and Sanctuaries Act (MPRSA) for the disposition of materials in the ocean when the proposed activity satisfies the EPA's marine protection criteria (40 CFR Parts 220-288). Activities authorized under a special permit may only occur at an EPA-designated MPRSA ocean site. MPRSA ocean sites are designated through rulemaking and published at 40 CFR 228.15. Special permits may be issued for a term not to exceed three years. 

The permitting process for a special permit begins when an applicant submits an application to the EPA that includes the necessary information listed in 40 CFR Part 221. After receiving an initial application, the EPA follows the process described in 40 CFR Part 222 which includes an initial determination by the EPA to issue or deny the permit based on the EPA’s evaluation of the permit application using the marine protection criteria; public review and comment, with the potential to hold hearings; and final decision by the EPA regarding issuance or denial of the permit.  

During the permitting process, all other applicable statutes must be considered through coordination or consultation with the appropriate federal and state agencies. Some examples include consultation to avoid or mitigate impacts to endangered or threatened species listed under the Endangered Species Act and essential fish habitat designated under the Magnuson-Stevens Fishery Conservation and Management Act. The EPA also engages in Tribal consultations for MPRSA site designations and permitting in accordance with EPA policies.   

For questions about MPRSA ocean site designations or applying for an MPRSA special permit, please contact the EPA Region or Headquarters primary contact listed on the Marine Protection Permitting Program contact page.

MPRSA Ocean Sites for Special Permits

Through rulemaking, the EPA designates ocean sites under the MPRSA for activities authorized under a special permit. MPRSA ocean sites are precise geographic areas within which MPRSA permitted activities are authorized to be conducted subject to specific conditions of a special permit. Site designations are based on environmental studies of the proposed site where MPRSA permitted activities would be conducted, regions adjacent to the site, and on historical knowledge of the impact of the material proposed to be permitted on areas similar to such sites in physical, chemical and biological characteristics. Learn more about the MPRSA ocean site designation process.

Examples of Special Permits

In the 1970s and 1980s, the EPA issued MPRSA special permits and designated ocean sites for the ocean disposal of industrial wastes, sewage sludge and other materials. The Ocean Dumping Ban Act of 1988 amended the MPRSA and, among other things, prohibited the disposition of sewage sludge and industrial waste into the ocean.