215.9—Decision implementation.
(a)
When no appeal is filed within the 45-day time period, implementation of the decision may begin on, but not before, the 5th business day following the close of the appeal-filing period ( § 215.15 ).
(b)
Except for emergency situations ( § 215.10(c) ), when an appeal is filed, implementation may occur on, but not before, the 15th business day following the date of appeal disposition ( § 215.2 ). In the event of multiple appeals of the same decision, the implementation date is controlled by the date of the last appeal disposition.
(c)
When a project or activity decision is not subject to appeal ( § 215.12 ), implementation may occur as follows:
(2)
Immediately when documented in a Record of Decision after complying with the timeframes and publication requirements described in 40 CFR 1506.10(b)(2).