40 C.F.R. § 35.2113
Environmental review
(a) The environmental review required by part 6 of this chapter must be completed before submission of any application. The potential applicant should work with the State and EPA as early as possible in the facilities planning process to determine if the project qualifies for a categorical exclusion from part 6 requirements, or whether a finding of no significant impact or an environmental impact statement is required.
(b) In conjunction with the facilities planning process as described in § 35.2030(c), a potential applicant may request, in writing, that EPA make a formal determination under part 6 of this chapter.
Notes of Decisions
Cited in 2
cases, 1984–1984 · leading case: Town of Orangetown v. Ruckelshaus, 579 F. Supp. 15 (S.D.N.Y. 1984).
Town of Orangetown v. Ruckelshaus, 579 F. Supp. 15 (S.D.N.Y. 1984). “2 Finally, Orangetown claims that the agencies’ findings with regard to environmental review of the project, pursuant to 40 C.F.R. § 35.2113 , are not clearly documented.”
Town of Orangetown v. Ruckelshaus, 740 F.2d 185 (2d Cir. 1984). “Finally, as for Orangetown’s claim that the environmental review of the project was inadequately documented, see 40 C.F.R. § 35.2113 , EPA’s finding of no significant impact was upheld by this Court on the prior appeal, 718 F.”
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