40 CFR 1504.2 - Criteria for referral.

Code of Federal Regulations - Title 40: Protection of Environment (December 2005)


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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 1504 - PREDECISION REFERRALS TO THE COUNCIL OF PROPOSED FEDERAL ACTIONS DETERMINED TO BE ENVIRONMENTALLY UNSATISFACTORY

1504.2 - Criteria for referral.

Environmental referrals should be made to the Council only after concerted, timely (as early as possible in the process), but unsuccessful attempts to resolve differences with the lead agency. In determining what environmental objections to the matter are appropriate to refer to the Council, an agency should weigh potential adverse environmental impacts, considering: (a) Possible violation of national environmental standards or policies.

  (b) Severity.

  (c) Geographical scope.

  (d) Duration.

  (e) Importance as precedents.

  (f) Availability of environmentally preferable alternatives.

[43 FR 55998, Nov. 29, 1978]

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