17 CRR-NY 15.6NY-CRR
17 CRR-NY 15.6
17 CRR-NY 15.6
15.6 Procedures for direct actions.
(a) Should the proposed direct action of the department not be type II or excluded, the department will either:
(1) prepare an environmental assessment on the proposed action; or
(2) commence procedures leading to the preparation of a DEIS or Federal DEIS pursuant to subdivision (c) of this section.
In either case, if the action is in a coastal area, the provisions of 19 NYCRR Part 600 also apply and will be complied with by the department.
(b) If, based upon consideration of the completed environmental assessment and the criteria contained in section 15.11 of this Part, the department determines that its proposed direct action will not have a significant effect on the environment, the department shall prepare a formal determination to such effect and file it in accordance with section 15.10 of this Part. Upon such filing, the department may undertake such action and shall have no further obligation with respect to this Part.
(c) If, based upon its consideration of the environmental assessment, and the criteria contained in section 15.11 of this Part, the department determines that its proposed direct action may have a significant effect on the environment, the following shall apply:
(1) If the proposed direct action of the department is subject to the requirements of NEPA, the department shall follow the procedures for compliance with NEPA for major Federal actions significantly affecting the quality of the human environment, which procedures will result in the preparation of a Federal FEIS. Upon the completion of the Federal FEIS, the department shall have no further obligation with respect to this Part, provided that the department has:
(i) given consideration to the Federal FEIS; and
(ii) prepared a record of decision in accordance with section 15.9 of this Part.
(2) If the proposed direct action of the department is not subject to the requirements of NEPA for major Federal actions significantly affecting the quality of the human environment, the department shall prepare a formal determination that the proposed direct action may have a significant effect on the environment and file such determination in accordance with section 15.10 of this Part. Upon the filing of such determination, the department shall undertake such scoping as is necessary and commence preparation of the DEIS in accordance with section 15.15 of this Part for the proposed direct action and follow the procedures contained in subdivision (d) of this section.
(d)
(1) Upon completion of the DEIS, the department shall prepare a notice of completion of the DEIS and shall file such notice and the DEIS, all in accordance with section 15.10 of this Part.
(2) In addition, the department shall determine whether or not to hold a hearing on the proposed direct action based upon the degree of interest shown by other persons and the extent to which a hearing can aid in the department's decision-making process by providing a forum for, or an efficient mechanism for the collection of, public comment. Should the department determine that a hearing should be held, it shall prepare, file and publish such notice in accordance with section 15.10 of this Part and hold such hearing.
(3) A minimum commenting period of 30 days is required for all DEIS's.
(4) If, upon consideration of the DEIS, comments received thereon and the transcript of any hearing held, the department determines that the proposed direct action will not have a significant effect on the environment, the department shall prepare a formal determination to such effect and file it in accordance with section 15.10 of this Part. Upon such filing, the department may undertake such action and shall have no further obligation with respect to this Part.
(e) If, upon consideration of the DEIS, comments received thereon and the transcript of any hearing held, the department determines that the proposed direct action may have significant effect on the environment, the department shall prepare an FEIS in accordance with section 15.15 of this Part for the proposed direct action. No specific time limit is required for FEIS preparation, except that the department shall prepare the FEIS in as short a time as is possible for the preparation of an adequate FEIS.
(f) Upon completion of the FEIS for the proposed direct action of the department, the department shall prepare a notice of completion of the FEIS and shall file such notice and the FEIS, all in accordance with section 15.10 of this Part.
(g) A minimum commenting period of 10 days is required for all FEIS's.
(h) After the conclusion of the commenting period on the FEIS for the department's proposed action, the department may undertake such action, provided that the department has:
(1) given consideration to the FEIS; and
(2) prepared a record of decision in accordance with section 15.9 of this Part.
17 CRR-NY 15.6
Current through December 15, 2021
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