CFR Subpart D

CFR Subpart D
in effect

18 C.F.R. § 1318.300 Purpose and scope.

(a) TVA shall prepare an EA for any proposed action not qualifying as a categorical exclusion to determine whether an EIS is necessary or a FONSI can be prepared. An EA need not be initiated (or completed) when TVA determines that it will prepare an EIS. (b) An EA shall concisely communicate information and analyses about issues that are potentially significant and reasonable alternatives.

18 C.F.R. § 1318.301 Public and stakeholder participation in the EA process.

(a) The NEPA compliance staff, in consultation with the initiating TVA entity and other interested offices, may request public involvement in the preparation of an EA or a revision to or a supplement thereof. The type of and format for public involvement shall be selected as appropriate to best facilitate timely and meaningful public input to the EA process. In deciding the extent of public involvement, TVA will consider whether the public has already been provided a meaningful opportunity to comment on the environmental impacts of a proposal through other coordinated, regulatory processes. (b) TVA will also identify and involve Indian tribes and interested stakeholders including local, State and other Federal agencies. (c) A draft EA prepared for an action listed in § 1318.400(a), for which TVA would normally prepare an EIS, shall be circulated for public review and comment. (d) TVA will make draft (if applicable) and final EAs and FONSIs available on TVA's public website and by other means upon request to TVA.

18 C.F.R. § 1318.302 EA preparation.

(a) As soon as practicable after deciding to prepare an EA, the initiating TVA entity, in consultation with NEPA compliance staff, shall convene an internal coordination team to discuss: (1) Reasonable alternatives, (2) Permit requirements, (3) Coordination with other agencies (consistent with § 1318.401), (4) Environmental issues, (5) Public involvement, and (6) A schedule for EA preparation. (b) The EA will describe the proposed action and include brief discussions of the purpose and need for action, reasonable alternatives, the no-action alternative (consistent with § 1318.400(e)), the environmental impacts of the proposed action and alternatives, measures (if any) to mitigate such impacts, a listing of the agencies and persons consulted, and a list of permits that may be required for the proposed action. (c) As appropriate, EAs will identify alternatives that were considered, but not addressed in further detail in the EA. (d) The EA will address comments made during any public comment period. (e) The EA will briefly provide sufficient data and analysis for determining whether to prepare an EIS or a FONSI. (f) The EA will be reviewed by the NEPA compliance staff and other interested TVA entities, including TVA legal counsel. (g) After the EA is finalized and with the concurrence of TVA legal counsel, the NEPA compliance staff will make one of the following determinations: (1) A Finding of No Significant Impact, (2) The action requires the preparation of an EIS, or (3) The EA needs to be supplemented before the significance of potential impacts can be determined.

18 C.F.R. § 1318.303 Finding of No Significant Impact.

(a) If the NEPA compliance staff concludes, based on an EA, that a proposed action does not require the preparation of an EIS, the NEPA compliance staff, in consultation with TVA legal counsel and the initiating TVA entity, will prepare a FONSI. The official responsible for NEPA compliance will sign the FONSI. (b) A FONSI must concisely summarize the proposed action and the EA, which should be incorporated by reference, and identify any environmental mitigation measures to which TVA commits. (c) A FONSI must be made available to the public. (d) In the following circumstance, the NEPA compliance staff, in consultation with TVA legal counsel and the initiating TVA entity, will make a draft EA and draft FONSI available for public review and comment for 30 days before a final determination is made whether to prepare an EIS and before the proposed action may begin: (1) The proposed action is, or is closely similar to, an action listed in § 1318.400(a), (2) TVA has issued a Notice of Intent that the proposed action would be the subject of an EIS, or (3) The nature of the proposed action is one without precedent.

18 C.F.R. § 1318.304 Supplements and adoptions.

(a) If new information concerning action modifications, alternatives, or probable environmental effects becomes available and there are important components of the proposed action that remain to be implemented, the NEPA compliance staff and TVA legal counsel, in consultation with the initiating TVA entity, will consider whether an EA should be supplemented based on the significance of the new information. The NEPA compliance staff will be responsible for preparing supplements to EAs. (b) TVA may adopt an EA prepared by another agency if it determines that the environmental impacts of TVA's action are adequately assessed in the EA. Public involvement must be provided consistent with § 1318.301. The adopted EA and the FONSI issued by TVA must be provided on TVA's public website.

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