[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR231.1]



[Page 277-278]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 231_SECTION 404(c) PROCEDURES--Table of Contents

 

Sec.  231.1  Purpose and scope.









Sec.

231.1 Purpose and scope.

231.2 Definitions.

231.3 Procedures for proposed determinations.

231.4 Public comments and hearings.

231.5 Recommended determination.

231.6 Administrator's final determinations.

231.7 Emergency procedure.

231.8 Extension of time.



    Authority: 33 U.S.C. 1344(c).



    Source: 44 FR 58082, Oct. 9, 1979, unless otherwise noted.





    (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



[[Page 278]]



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.