[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR231.1]

[Page 274]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 231--SECTION 404(c) PROCEDURES--Table of Contents
 
Sec. 231.1  Purpose and scope.

    (a) The Regulations of this part include the procedures to be 
followed by the Environmental Protection agency in prohibiting or 
withdrawing the specification, or denying, restricting, or withdrawing 
the use for specification, of any defined area as a disposal site for 
dredged or fill material pursuant to section 404(c) of the Clean Water 
Act (``CWA''), 33 U.S.C. 1344(c). The U.S. Army Corps of Engineers or a 
state with a 404 program which has been approved under section 404(h) 
may grant permits specifying disposal sites for dredged or fill material 
by determining that the section 404(b)(1) Guidelines (40 CFR Part 230) 
allow specification of a particular site to receive dredged or fill 
material. The Corps may also grant permits by determining that the 
discharge of dredged or fill material is necessary under the economic 
impact provision of section 404(b)(2). Under section 404(c), the 
Administrator may exercise a veto over the specification by the U.S. 
Army Corps of Engineers or by a state of a site for the discharge of 
dredged or fill material. The Administrator may also prohibit the 
specification of a site under section 404(c) with regard to any existing 
or potential disposal site before a permit application has been 
submitted to or approved by the Corps or a state. The Administrator is 
authorized to prohibit or otherwise restrict a site whenever he 
determines that the discharge of dredged or fill material is having or 
will have an ``unacceptable adverse effect'' on municipal water 
supplies, shellfish beds and fishery areas (including spawning and 
breeding areas), wildlife, or recreational areas. In making this 
determination, the Administrator will take into account all information 
available to him, including any written determination of compliance with 
the section 404(b)(1) Guidelines made in 40 CFR part 230, and will 
consult with the Chief of Engineers or with the state.
    (b) These regulations establish procedures for the following steps:
    (1) The Regional Administrator's proposed determinations to prohibit 
or withdraw the specification of a defined area as a disposal site, or 
to deny, restrict or withdraw the use of any defined area for the 
discharge of any particular dredged or fill material;
    (2) The Regional Administrator's recommendation to the Administrator 
for determination as to the specification of a defined area as a 
disposal site.
    (3) The Administrator's final determination to affirm, modify or 
rescind the recommended determination after consultation with the Chief 
of Engineers or with the state.
    (c) Applicability: The regulations set forth in this part are 
applicable whenever the Administrator is considering whether the 
specification of any defined area as a disposal site should be 
prohibited, denied, restricted, or withdrawn. 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.