United States
Environmental Protection
Agency
Office of Water (WH-556F).
Office of Wetlands, Oceans,
and Watersheds (A-104 F)
EPA843-F-93-001I
March 1993
&EFA WETLANDS FACT SHEET #12
Clean Water Act §404(c):
Veto Authority
THE §404 (c) PROCESS
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EPA Regional Administrator states higgler intention to issue a public notice of
a Proposed Determination to withdraW/fttphibit deny, or restrict the specifica-
tion of a defined area for the clispc«&jjji|dredged or fill material.
If within 15days,ithas not been demowlrated to the satisfaction of the Regional
Administrator that no unacceptable adverse effects will occur, the Regional
Administrator publishes notice of the: Proposed Determination. The Proposed
Determination does not represent a jddjjjirierit that discharges of dredged or fill
material will result in unacceptable etfetarse effects; it merely means that the
Regional Administrator believes thalfl^t issue should be explored.
The public comment period for the PfOfJosed Determination isjqnger man 30
days and less than 60 days, except uoefer circumstances whereitonger period
is warranted. Generally, due to the dfgree of public interest in tfWiPA action,
a public hearing is held. Within 3? £tjf»0f the public hearing, ortfjtt* public
hearing is held, within 15 days of thcf^d of the comment period, the Regional
Administrator takes action. v
Section 404(c) of the Clean Water Act
authorizes EPA to restrict or prohibit the use
of an area as a disposal site for dredged or fill
material if the discharge will have unaccept-
able adverse effects on municipal water sup-
plies, shellfish beds and fishery areas, wild-
life or recreational areas. Because §404(c)
actions have historically arisen in response
to unresolved permit applications, the EPA
action is frequently referred to as an EPA
"veto" of the U.S. Army Corps of Engineers
permit
Recommendation to withdraw,
cation of a defined area for the
deny, or restrict the specifi-
" dredged or fill material
The Regional Administrator forwar
record to the Administrator and
for review. Within 30 days. EPA
document and the administrative
it Administrator for Water of EPA
initiates action.
Within 60 days of receipt of the recommendation and the administrative record.
EPA Headquarters makes a Final Determination affirming, modifying, or
rescinding the Recommended Determination. Notice of the'final determination
shall be published in the Federal Register.
Unacceptable Adverse Effects
Impact on an aquatic or wetland ecosystem which
is likely to result in significant degradation of
municipal water supplies (including surface or
groundwater) or significant loss of or damage to
fisheries, shellfishing, or wildlife habitat, or recre-
ation areas.
Under the current §404(c) regulations, EPA
decisions regarding formal elevation of a
project under Section 404(c) must be initi-
ated by the Regional Administrator. Initia-
tion of a Section 404(c) action is completely
within the discretion of the Agency. If the
Regional Administrator chooses to recom-
mend actions pursuant to
Section 404(c) of theClean
Water Act, EPA Head-
quarters then becomes
formally involved. The
authority for Final Deter-
minations pursuant to
§404(c) regarding site re-
striction or prohibition is
currently delegated to
-...*. . SS*«r. !«!»..- .
The Assistant Administrator tor
Water may review the withdrawn
Proposed Determination
EPA's Assistant Administrator for Water,
who is EPA's National §404 program man-
ager.
FOR MORE INFORMATION: call Ihc EPA Wetlands Hotline* at 1-800-832-7828
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