[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: 40CFR231.5]

[Page 277]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 231--SECTION 404(c) PROCEDURES--Table of Contents
 
Sec. 231.5  Recommended determination.

    (a) The Regional Administrator or his designee shall, within 30 days 
after the conclusion of the public hearing (but not before the end of 
the comment period), or, if no hearing is held, within 15 days after the 
expiration of the comment period on the public notice of the proposed 
determination, either withdraw the proposed determination or prepare a 
recommended determination to prohibit or withdraw specification, or to 
deny, restrict, or withdraw the use for specification, of the disposal 
site because the discharge of dredged or fill material at such site 
would be likely to have an unacceptable adverse effect.
    (b) Where a recommended determination is prepared, the Regional 
Administrator or his designee shall promptly forward the recommended 
determination and administrative record to the Administrator for review, 
with a copy of the recommended determination to the Assistant 
Administrator for Water and Waste Management.
    (c) Where the Regional Administrator, or his designee, decides to 
withdraw the proposed determination, he shall promptly notify the 
Administrator by mail, with a copy to the Assistant Administrator for 
Water and Waste Management, who shall have 10 days from receipt of such 
notice to notify the Regional Administrator of his intent to review such 
withdrawal. Copies of the notification shall be sent to all persons who 
commented on the proposed determination or participated at the hearing. 
Such persons may submit timely written recommendations concerning 
review.
    (1) If the Administrator does not notify him, the Regional 
Administrator shall give notice at the withdrawal of the proposed 
determination as provided in Sec. 231.3(d). Such notice shall constitute 
final agency action.
    (2) If the Administrator does decide to review, the Regional 
Administrator or his designee shall forward the administrative record to 
the Administrator for a final determination under Sec. 231.6. Where 
there is review of a withdrawal of proposed determination or review of a 
recommended determination under Sec. 231.6, final agency action does not 
occur until the Administrator makes a final determination.
    (d) Any recommended determination under paragraph (b) of this 
section shall include the following:
    (1) A summary of the unacceptable adverse effects that could occur 
from use of the disposal site for the proposed discharge;
    (2) Recommendations regarding a final determination to prohibit, 
deny, restrict, or withdraw, which shall confirm or modify the proposed 
determination, with a statement of reasons.
    (e) The administrative record shall consist of the following:
    (1) A copy of the proposed determination, public notice, written 
comments on the public notice and written submissions in the hearing 
file;
    (2) A transcript or recording of the public hearing, where a hearing 
was held;
    (3) The recommended determination;
    (4) Where possible a copy of the record of the Corps or the state 
pertaining to the site in question;
    (5) Any other information considered by the Regional Administrator 
or his designee.