40 CFR 1506 - CEQ - Regulations for Implementing NEPA
Authority: NEPA, the Environmental Quality Improvement Act of 1970, as
amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991,
May 24, 1977).
Source: 43 FR 56000, Nov. 29, 1978, unless otherwise noted.
Sec. 1506.1 Limitations on actions during NEPA process.
(d) This section does not preclude development by applicants of plans or
designs or performance of other work necessary to support an application
for Federal, State or local permits or assistance. Nothing in this section
shall preclude Rural Electrification Administration approval of minimal
expenditures not affecting the environment (e.g. long leadtime equipment
and purchase options) made by non-governmental entities seeking loan
guarantees from the Administration.
Sec. 1506.2 Elimination of duplication with State and local procedures.
Sec. 1506.3 Adoption.
Sec. 1506.4 Combining documents.
Any environmental document in compliance with NEPA may be combined with
any other agency document to reduce duplication and paperwork.
Sec. 1506.6 Public involvement.
Sec. 1506.5 Agency responsibility.
Sec. 1506.7 Further guidance.
The Council may provide further guidance concerning NEPA and its
Sec. 1506.8 Proposals for legislation.
(c) Comments on the legislative statement shall be given to the lead
which shall forward them along with its own responses to the Congressional
committees with jurisdiction.
Sec. 1506.9 Filing requirements.
Environmental impact statements together with comments and responses
shall be filed with the Environmental Protection Agency, attention Office of
Federal Activities (A-104), 401 M Street SW., Washington, DC 20460.
Statements shall be filed with EPA no earlier than they are also
transmitted to commenting agencies and made available to the public. EPA shall deliver
one copy of each statement to the Council, which shall satisfy the
requirement of availability to the President. EPA may issue guidelines to
agencies to implement its responsibilities under this section and Sec. 1506.10.
Sec. 1506.10 Timing of agency action.
[43 FR 56000, Nov. 29, 1978; 44 FR 874, Jan. 3, 1979]
Sec. 1506.11 Emergencies.
Where emergency circumstances make it necessary to take an action with
significant environmental impact without observing the provisions of these
regulations, the Federal agency taking the action should consult with the
Council about alternative arrangements. Agencies and the Council will
such arrangements to actions necessary to control the immediate impacts of
the emergency. Other actions remain subject to NEPA review.
Sec. 1506.12 Effective date.
The effective date of these regulations is July 30, 1979, except that
for agencies that administer programs that qualify under section 102(2)(D) of
the Act or under section 104(h) of the Housing and Community Development Act
of 1974 an additional four months shall be allowed for the State or local
agencies to adopt their implementing procedures.