[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: 40CFR231.6]

[Page 277-278]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 231--SECTION 404(c) PROCEDURES--Table of Contents
 
Sec. 231.6  Administrator's final determinations.

    After reviewing the recommendations of the Regional Administrator or 
his designee, the Administrator shall within 30 days of receipt of the 
recommendations and administrative record initiate consultation with the 
Chief of Engineers, the owner of record, and, where applicable, the 
State and the applicant, if any. They shall have 15 days to notify the 
Administrator of their intent to take corrective action to prevent an 
unacceptable adverse effect(s), satisfactory to the Administrator. 
Within 60 days of receipt of the

[[Page 278]]

recommendations and record, the Administrator shall make a final 
determination affirming, modifying, or rescinding the recommended 
determination. The final determination shall describe the satisfactory 
corrective action, if any, make findings, and state the reasons for the 
final determination. Notice of such final determination shall be 
published as provided in Sec. 231.3, and shall be given to all persons 
who participated in the public hearing. Notice of the Administrator's 
final determination shall also be published in the Federal Register. For 
purposes of judicial review, a final determination constitutes final 
agency action under section 404(c) of the Act.