Extraordinary circumstances.

CFR · 2024-01-01 · US · Title 7

(a) Extraordinary circumstances are unique situations presented by specific proposals, such as characteristics of the geographic area affected by the proposal, scientific controversy about the environmental effects of the proposal, uncertain effects or effects involving unique or unknown risks, and unresolved conflicts concerning alternate uses of available resources within the meaning of section 102(2)(E) of NEPA. In the event of extraordinary circumstances, a normally excluded action will be the subject of an additional environmental review by the Agency to determine the potential of the Agency action to cause any significant adverse environmental effect, and could, at the Agency's sole discretion, require an EA or an EIS, prepared in accordance with subparts C or D of this part, respectively. (b) Significant adverse environmental effects that the Agency considers to be extraordinary circumstances include, but are not limited to: (1) Any violation of applicable Federal, state, or local statutory, regulatory, or permit requirements for environment, safety, and health. (2) Siting, construction, or major expansion of Resource Conservation and Recovery Act permitted waste storage, disposal, recovery, or treatment facilities (including incinerators), even if the proposal includes categorically excluded waste storage, disposal, recovery, or treatment actions. (3) Any proposal that is likely to cause uncontrolled or unpermitted releases of hazardous substances, pollutants, contami

official document · source cfr-2024 · id 7:§ 1970.52