[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1501.8]

[Page 1117]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY
 
PART 1501_NEPA AND AGENCY PLANNING--Table of Contents
 
Sec.  1501.8  Time limits.

    Although the Council has decided that prescribed universal time 
limits for the entire NEPA process are too inflexible, Federal agencies 
are encouraged to set time limits appropriate to individual actions 
(consistent with the time intervals required by Sec.  1506.10). When 
multiple agencies are involved the reference to agency below means lead 
agency.
    (a) The agency shall set time limits if an applicant for the 
proposed action requests them: Provided, That the limits are consistent 
with the purposes of NEPA and other essential considerations of national 
policy.
    (b) The agency may:
    (1) Consider the following factors in determining time limits:
    (i) Potential for environmental harm.
    (ii) Size of the proposed action.
    (iii) State of the art of analytic techniques.
    (iv) Degree of public need for the proposed action, including the 
consequences of delay.
    (v) Number of persons and agencies affected.
    (vi) Degree to which relevant information is known and if not known 
the time required for obtaining it.
    (vii) Degree to which the action is controversial.
    (viii) Other time limits imposed on the agency by law, regulations, 
or executive order.
    (2) Set overall time limits or limits for each constituent part of 
the NEPA process, which may include:
    (i) Decision on whether to prepare an environmental impact statement 
(if not already decided).
    (ii) Determination of the scope of the environmental impact 
statement.
    (iii) Preparation of the draft environmental impact statement.
    (iv) Review of any comments on the draft environmental impact 
statement from the public and agencies.
    (v) Preparation of the final environmental impact statement.
    (vi) Review of any comments on the final environmental impact 
statement.
    (vii) Decision on the action based in part on the environmental 
impact statement.
    (3) Designate a person (such as the project manager or a person in 
the agency's office with NEPA responsibilities) to expedite the NEPA 
process.
    (c) State or local agencies or members of the public may request a 
Federal Agency to set time limits.