§ 401.56 - Actions requiring an environmental impact statement.

The list of general classifications which require an environmental impact statement is based upon the reviewable projects activity of the Commission. These actions have been identified by an analysis of environmental impacts typically associated with the principal types of Commission action. Where an environmental impact statement is prepared for a master plan or program having a chain of contemplated projects, subsequent statements on major components will be required only where significant impacts were not adequately evaluated in the overview statement relating to the total plan or program. Inclusion of the action in the Comprehensive Plan prior to January 1, 1970, does not exempt the action from an environmental impact statement. Actions identified as requiring an environmental impact statement include the following:

(a) Any project, plan, regulation or policy identified via the process of an environmental assessment as having significant effect upon the quality of the human environment.

(b) Major large-scale programs or master plans involving a sequence of contemplated projects including new towns, watershed programs, wastewater and water supply plans and recreation plans.

(c) Impoundments.

(d) Diversions.

(e) Fossil-fueled electric generating stations.

(f) Liquid petroleum products pipelines.

(g) Draining or filling or otherwise altering marshes or wetlands.

(h) Substantial encroachments upon a stream or upon the 100-year flood plain of the Delaware River or its tributaries.

(i) Any other action which the Executive Director, in his discretion, determines is a major action which may have a significant effect upon the quality of human environment and/or environmental impact which is substantially controversial.