N.Y. Comp. Codes R. & Regs. tit. 21 § 4300.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4300.8 - Actions involving Federal participation

(a) If an action under consideration by the issuer may involve "major Federal action significantly affecting the quality of the human environment" (hereinafter called "Federal action") under the National Environmental Policy Act of 1969 (hereinafter called "NEPA") and where there has been duly prepared under NEPA both a draft environmental impact statement and a final environmental impact statement for said action, the issuer shall have no obligation with respect to this Part except that:

(1) compliance with the act shall be coordinated with and made in conjunction with Federal requirements in a single environmental reporting procedure and the issuer shall make and file, in accordance with section 4300.9 of this Part, the findings required by subdivision 8 of section 8-0109 of the act; or

(2) where the issuer did not participate in the preparation of the statements (or submit material relating thereto) prepared pursuant to the requirements of NEPA, such Federal statements shall be supplemented by a description of any growth-inducing aspects of the proposed action and a discussion of the effects of the proposed action on the use and conservation of energy; and

Upon making the decision-making findings in accordance with section 4300.9 of this Part as provided in paragraph (1) above, or upon the supplementation of said statements as provided in paragraph (2) above, the issuer may undertake such action.

(b) If an action under consideration by the issuer involves Federal action and a written threshold determination that the action will not require a Federal impact statement, or a negative declaration, has been duly prepared pursuant to NEPA, the issuer shall have no obligation with respect to this Part provided the issuer, pursuant to the provisions of section 4300.5(c) of this Part, makes a determination that the proposed action will not have a significant effect on the environment and prepares, circulates, files and makes available for public inspection a negative declaration as provided in section 4300.5(f) and (g).

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4300.8