[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: 40CFR1506.10]



[Page 888-889]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1506_OTHER REQUIREMENTS OF NEPA--Table of Contents

 

Sec.  1506.10  Timing of agency action.



    (a) The Environmental Protection Agency shall publish a notice in 

the Federal Register each week of the environmental impact statements 

filed during the preceding week. The minimum time periods set forth in 

this section shall be calculated from the date of publication of this 

notice.

    (b) No decision on the proposed action shall be made or recorded 

under Sec.  1505.2 by a Federal agency until the later of the following 

dates:

    (1) Ninety (90) days after publication of the notice described above 

in paragraph (a) of this section for a draft environmental impact 

statement.

    (2) Thirty (30) days after publication of the notice described above 

in paragraph (a) of this section for a final environmental impact 

statement.



An exception to the rules on timing may be made in the case of an agency 

decision which is subject to a formal internal appeal. Some agencies 

have a formally established appeal process which allows other agencies 

or the public to take appeals on a decision and make their views known, 

after publication of the final environmental impact statement. In such 

cases, where a real opportunity exists to alter the decision, the 

decision may be made and recorded at the same time the environmental 

impact statement is published. This means that the period for appeal of 

the decision and the 30-day period prescribed in paragraph (b)(2) of 

this section may run concurrently. In such cases the environmental 

impact statement shall explain the timing and the public's right of 

appeal. An agency engaged in rulemaking under the Administrative 

Procedure Act or other statute for the purpose of protecting the public 

health or safety, may waive the time period in paragraph (b)(2) of this 

section and publish a decision on the final rule simultaneously with 

publication of the notice of the availability of the final environmental 

impact statement as described in paragraph (a) of this section.



[[Page 889]]



    (c) If the final environmental impact statement is filed within 

ninety (90) days after a draft environmental impact statement is filed 

with the Environmental Protection Agency, the minimum thirty (30) day 

period and the minimum ninety (90) day period may run concurrently. 

However, subject to paragraph (d) of this section agencies shall allow 

not less than 45 days for comments on draft statements.

    (d) The lead agency may extend prescribed periods. The Environmental 

Protection Agency may upon a showing by the lead agency of compelling 

reasons of national policy reduce the prescribed periods and may upon a 

showing by any other Federal agency of compelling reasons of national 

policy also extend prescribed periods, but only after consultation with 

the lead agency. (Also see Sec.  1507.3(d).) Failure to file timely 

comments shall not be a sufficient reason for extending a period. If the 

lead agency does not concur with the extension of time, EPA may not 

extend it for more than 30 days. When the Environmental Protection 

Agency reduces or extends any period of time it shall notify the 

Council.



[43 FR 56000, Nov. 29, 1978; 44 FR 874, Jan. 3, 1979]