N.Y. Comp. Codes R. & Regs. tit. 9 § 2550.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2550.8 - Final EIS procedures

(a) Except as provided in paragraphs (1) and (2) of this subdivision the division shall prepare or cause to be prepared a final EIS within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft EIS, whichever last occurs.

(1) If the proposed action has been withdrawn or if, on the basis of the draft EIS or a hearing, the division has determined that the action will not have a significant effect on the environment, no final EIS shall be prepared. In such case the division shall prepare, file and circulate a negative declaration or shall issue a notice of such withdrawal.

(2) The division may extend the last date for preparation of the final EIS (i) where it determines that additional time is necessary to complete the statement adequately, or (ii) to meet the requirements of other statutes or regulation, or (iii) where problems with the proposed action requiring material reconsideration or modification have been identified, or (iv) for other good cause.

(3) The final EIS shall reflect a revision and updating of the matters contained in the draft EIS in the light of further division review, comments received and the record of any hearing.

(b) Immediately upon the completion of a final EIS, the division shall prepare, file, circulate and make available for public inspection a notice of completion of a final EIS in the manner specified in subdivisions (a) and (b) of section 2550.7 of this Part, provided however, that the notice shall not contain the statement described in subparagraph (iv) of paragraph (1) of subdivision (a) of such section.

(c) Immediately upon completion of a final EIS, copies shall be filed and made available for review in the same manner as the draft EIS pursuant to subdivision (b) of section 2550.7 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2550.8