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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 18 - Conservation of Power and Water Resources |
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Chapter XIII - Tennessee Valley Authority |
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Part 1318 - Implementation of the National Environmental Policy Act of 1969 |
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Subpart E - Environmental Impact Statements |
§ 1318.400 - Purpose and scope.
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§ 1318.400 Purpose and scope.
(a) The following actions in paragraphs (a)(1) through (5) normally will require an EIS:
(1) New large water resource development and water control projects such as construction and operation of new dams or navigation locks.
(2) The construction and operation of new major power generating facilities at sites not previously used for industrial purposes.
(3) The development of integrated resource plans for power generation.
(4) The development of system-wide reservoir operations plans.
(5) Any major action whose environmental impacts are expected to be highly controversial.
(b) If TVA determines that an EIS will not be prepared for an action falling within one of these categories, the basis for the decision must be discussed in the environmental assessment or in a document that is made available to the public.
(c) An EIS shall describe the proposed action and reasonable alternatives, including no action; analyze the potential environmental impacts associated with the proposed action, alternatives, and identify any mitigation measures; and include a list of the major preparers of the EIS.
(d) The scope and detail of the EIS shall be reasonably related to the scope and the probable environmental impacts of the proposed action and alternative actions (see 40 CFR 1502.10 through 1502.18).
(e) The no-action alternative in an EIS (or an EA) should represent the environmental status quo and should be formulated to provide the environmental baseline from which the proposed action and other alternatives can be assessed even when TVA is legally required to take action. For proposed changes to existing programs or plans, continuation of the existing program or plan and associated environmental impacts should be considered the no-action alternative.