[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: 40CFR231.5]



[Page 280-281]

 

                   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 ad verse 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



[[Page 281]]



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 deter mination, public notice, written 

com ments 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.