[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: 40CFR233.22]

[Page 291-292]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                     Subpart C--Permit Requirements
 
Sec. 233.22  Emergency permits.

    (a) Notwithstanding any other provision of this part, the Director 
may issue a temporary emergency permit for a discharge of dredged or 
fill material if unacceptable harm to life or severe loss of physical 
property is likely to occur before a permit could be issued or modified 
under procedures normally required.
    (b) Emergency permits shall incorporate, to the extent possible and 
not inconsistent with the emergency situation, all applicable 
requirements of Sec. 233.23.

[[Page 292]]

    (1) Any emergency permit shall be limited to the duration of time 
(typically no more than 90 days) required to complete the authorized 
emergency action.
    (2) The emergency permit shall have a condition requiring 
appropriate restoration of the site.
    (c) The emergency permit may be terminated at any time without 
process (Sec. 233.36) if the Director determines that termination is 
necessary to protect human health or the environment.
    (d) The Director shall consult in an expeditious manner, such as by 
telephone, with the Regional Administrator, the Corps, FWS, and NMFS 
about issuance of an emergency permit.
    (e) The emergency permit may be oral or written. If oral, it must be 
followed within 5 days by a written emergency permit. A copy of the 
written permit shall be sent to the Regional Administrator.
    (f) Notice of the emergency permit shall be published and public 
comments solicited in accordance with Sec. 233.32 as soon as possible 
but no later than 10 days after the issuance date.