[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: 40CFR1502.5]



[Page 875]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1502_ENVIRONMENTAL IMPACT STATEMENT--Table of Contents

 

Sec.  1502.5  Timing.



    An agency shall commence preparation of an environmental impact 

statement as close as possible to the time the agency is developing or 

is presented with a proposal (Sec.  1508.23) so that preparation can be 

completed in time for the final statement to be included in any 

recommendation or report on the proposal. The statement shall be 

prepared early enough so that it can serve practically as an important 

contribution to the decisionmaking process and will not be used to 

rationalize or justify decisions already made (Sec. Sec.  1500.2(c), 

1501.2, and 1502.2). For instance:

    (a) For projects directly undertaken by Federal agencies the 

environmental impact statement shall be prepared at the feasibility 

analysis (go-no go) stage and may be supplemented at a later stage if 

necessary.

    (b) For applications to the agency appropriate environmental 

assessments or statements shall be commenced no later than immediately 

after the application is received. Federal agencies are encouraged to 

begin preparation of such assessments or statements earlier, preferably 

jointly with applicable State or local agencies.

    (c) For adjudication, the final environmental impact statement shall 

normally precede the final staff recommendation and that portion of the 

public hearing related to the impact study. In appropriate circumstances 

the statement may follow preliminary hearings designed to gather 

information for use in the statements.

    (d) For informal rulemaking the draft environmental impact statement 

shall normally accompany the proposed rule.