TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER V - COUNCIL ON ENVIRONMENTAL QUALITY

SUBCHAPTER A - ACCIDENTAL RELEASE PREVENTION REQUIREMENTS; RISK MANAGEMENT PROGRAMS UNDER THE CLEAN AIR ACT SECTION 112(R)(7); DISTRIBUTION OF OFF - SITE CONSEQUENCE ANALYSIS INFORMATION

PART 1501 - NEPA AND AGENCY PLANNING

1501.4 - Whether to prepare an environmental impact statement.

In determining whether to prepare an environmental impact statement the Federal agency shall: (a) Determine under its procedures supplementing these regulations (described in 1507.3) whether the proposal is one which: (1) Normally requires an environmental impact statement, or (2) Normally does not require either an environmental impact statement or an environmental assessment (categorical exclusion).

  (b) If the proposed action is not covered by paragraph (a) of this section, prepare an environmental assessment (1508.9). The agency shall involve environmental agencies, applicants, and the public, to the extent practicable, in preparing assessments required by 1508.9(a)(1).

  (c) Based on the environmental assessment make its determination whether to prepare an environmental impact statement.

  (d) Commence the scoping process (1501.7), if the agency will prepare an environmental impact statement.

  (e) Prepare a finding of no significant impact (1508.13), if the agency determines on the basis of the environmental assessment not to prepare a statement.

  (1) The agency shall make the finding of no significant impact available to the affected public as specified in 1506.6.

  (2) In certain limited circumstances, which the agency may cover in its procedures under 1507.3, the agency shall make the finding of no significant impact available for public review (including State and areawide clearinghouses) for 30 days before the agency makes its final determination whether to prepare an environmental impact statement and before the action may begin. The circumstances are: (i) The proposed action is, or is closely similar to, one which normally requires the preparation of an environmental impact statement under the procedures adopted by the agency pursuant to 1507.3, or (ii) The nature of the proposed action is one without precedent.