Friday, June 24, 2011

Clean Air Act NEPA Exclusion

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Federal actions with respect to the Clean Air Act are exempt from NEPA review based on this statute:

US Code Title 15‚ CHAPTER 16C (Energy Supply and Environmental Coordination)
§793. Protection of public health and environment
...
(c) Major Federal actions significantly affecting the quality of the human environment
(1) No action taken under the Clean Air Act [42 U.S.C. 7401 et seq.] shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

Reference provided to Kevin from Dana Allen, NEPA coordinator at EPA R8, 303-312-6870)
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