[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1501.4]



[Page 870-871]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1501_NEPA AND AGENCY PLANNING--Table of Contents

 

Sec.  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 Sec.  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 (Sec.  1508.9). The agency 

shall involve environmental agencies, applicants, and the public, to the 

extent practicable, in preparing assessments required by Sec.  

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 (Sec.  1501.7), if the agency will 

prepare an environmental impact statement.

    (e) Prepare a finding of no significant impact (Sec.  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 Sec.  1506.6.

    (2) In certain limited circumstances, which the agency may cover in 

its procedures under Sec.  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:



[[Page 871]]



    (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 Sec.  1507.3, or

    (ii) The nature of the proposed action is one without precedent.