[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: 40CFR233.34]

[Page 295]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                      Subpart D--Program Operation
 
Sec. 233.34  Making a decision on the permit application.

    (a) The Director will review all applications for compliance with 
the 404(b)(1) Guidelines and/or equivalent State environmental criteria 
as well as any other applicable State laws or regulations.
    (b) The Director shall consider all comments received in response to 
the public notice, and public hearing if a hearing is held. All 
comments, as well as the record of any public hearing, shall be made 
part of the official record on the application.
    (c) After the Director has completed his review of the application 
and consideration of comments, the Director will determine, in 
accordance with the record and all applicable regulations, whether or 
not the permit should be issued. No permit shall be issued by the 
Director under the circumstances described in Sec. 233.20. The Director 
shall prepare a written determination on each application outlining his 
decision and rationale for his decision. The determination shall be 
dated, signed and included in the official record prior to final action 
on the application. The official record shall be open to the public.