[27 Pa.B. 4726]
[Continued from previous Web Page] 2.3.5.2 Siting Studies for Major Electric Generation Projects.
(a) An application under Section 3.8 of the Compact for approval of an electric generating project with a design capacity of 100,000 KW or more shall include, as part of the application: (1) a master siting study, (2) a site selection analysis for the project, and (3) the environmental statement otherwise required.
(b)(i) The master siting study shall describe in general terms all existing major electric generating projects of the application and of other public utilities using the water resources of the Basin, and all such projects proposed or planned for the ensuing 15-year period. The master siting study shall describe particularly the impact of each proposed project on the water resources and related land resources of the Basin. It shall include, with as much detail as is available, a description of the five-mile reach of any stream within which each proposed project is or will be located, the concept, capacity and fuel source of each project, the quantity and method of heat and moisture dissipation, the water resource requirements and water-related ecological effects of each proposed project in the study.
(ii) The master siting study will be reviewed by the Commission in relation to the Comprehensive Plan, may be employed as an input to the Comprehensive Plan, and may be considered, in whole or in part, for inclusion in the Plan. A master siting study may be amended from time to time to reflect changing power demands, technology and water resource conditions. The Commission will act in relation to a master siting study or amendment thereof only after public hearing.
(c) The site selection analysis shall demonstrate the relationship of the proposed project, and its specific location, to the master siting study. Prior to submitting the site selection analysis, the applicant shall circulate it for comment among other interested public utilities, the federal and state governmental agencies having jurisdiction over the siting of electric generating stations in the state in which the project is located, regional or county planning commissions having jurisdiction in the project area, and such major water users as the Commission shall designate, and such comments shall be appended to and submitted together with the application. Prior to acting on the application, the Commission will make the site selection analysis available for public review and comment.
(d) The Commission will review each application for major electric generating project with reference to the doctrine of equitable apportionment, including such priority of uses as will recognize alternative water resources and sites for electric generating projects, the increasing demands on the water resources of the Basin and the optimum beneficial use of the water resources of the Basin.]
[(e) The Commission will not act upon an application for approval under Section 3.8 of the Compact to initiate a partial or preliminary phase of an electric generating project which is subject to this regulation unless the application conforms to requirements of paragraph (a) hereof.]
2.3.5.[3]1 Water Supply Projects--Conservation Requirements. Maximum feasible efficiency in the use of water is required on the part of water users throughout the Basin. Effective September 1, 1981 applications under Section 3.8 of the Compact for new water withdrawals subject to review by the Commission shall include and describe water-conserving practices and technology designed to minimize the use of water by municipal, industrial and agricultural users, as provided in this section.
(a) Applications for approval of new withdrawal from surface or ground water sources submitted by a municipality, public authority or private water works corporation whose total average withdrawals exceed one million gallons per day shall include or be in reference to a program prepared by the applicant consisting of the following elements:
(1) Periodic monitoring of water distribution and use, and establishment of a systematic leak detection and control program;
(2) Use of the best practicable water-conserving devices and procedures by all classes of users in new construction or installations, and provision of information to all classes of existing users concerning the availability of water-conserving devices and procedures; and
(3) A contingency plan including use priorities and emergency conservation measures to be instituted in the event of a drought or other water shortage condition. Contingency plans of public authorities or private water works corporations shall be prepared in cooperation with, and made available to, all municipalities in the area affected by the contingency plan, and shall be coordinated with any applicable statewide water shortage contingency plans.
(b) Programs prepared pursuant to subsection (a) of this section shall be subject to any applicable limitations of public utility regulations of the signatory party in which the project is located.
(c) Applications for approval of new industrial or commercial water withdrawals from surface or ground water sources in excess of an average of one million gallons per day shall contain (1) a report of the water-conserving procedures and technology considered by the applicant, and the extent to which they will be applied in the development of the project; and (2) a contingency plan including emergency conservation measures to be instituted in the event of a drought or other water shortage. The report and contingency plan shall estimate the impact of the water conservation measures upon consumptive and nonconsumptive water use by the applicant.
(d) Applications for approval of new agricultural irrigation water withdrawals from surface or ground water sources in excess of one million gallons per day shall include a statement of the operating procedure or equipment to be used by the applicant to achieve the most efficient method of application of water and to avoid waste.
(e) Reports, programs and contingency plans required under this section shall be submitted by the applicant as part of the permit application to the state agency having jurisdiction over the project, or directly to the Commission in those cases where the project is not subject to the jurisdiction of a state agency. State agencies having jurisdiction over a project that is subject to the provisions of this section shall determine the adequacy and completeness of the applicant's compliance with these requirements and shall advise the Commission of their findings and conclusions.
2.3.6 Sequence of Approval. A project will be considered by the Commission under Section 3.8 of the Compact either before or after any other state or federal review, in accordance with the provisions of the Administrative Agreement applicable to such project.
2.3.7 Form of Referral by State or Federal Agency. Upon approval by any state or federal agency of any project reviewable by the Commission under these regulations, if the project has not prior thereto been reviewed and approved by the Commission, such agency shall refer the project for review under Section 3.8 of the Compact in such form and manner as shall be provided by Administrative Agreement.
(a) The Commission will rely on the appropriate agency in each state to review and regulate the potability of all public water supplies. Applications before the Commission should address the impact of the withdrawal, use and disposal of water on the water resources of the Basin.
(b) The Commission will rely on signatory party reviews as much as possible and generally the Commission will not review the performance standards of individual components of treatment processes but will require compliance with all policies in the Comprehensive Plan including all applicable Water Quality Standards.
2.3.8 Form of Submission of Projects not Requiring Prior Approval by State or Federal Agencies. Where a project does not require approval by any other state or federal agency, or where such approval is required but an Administrative Agreement is not in force, the project shall be submitted directly to the Commission for review and determination of compatibility with the Comprehensive Plan, in such form of application, with such supporting documentation, as the Executive Director may reasonably require for the administration of the provisions of the Compact. These shall include without limitation thereto:
(a) Exhibits to Accompany Application. The application shall be accompanied by the following exhibits: (1) abstract of proceedings authorizing project, where applicable; (2) general map showing specific location and dimension of a structural project, or specific language of a standard or policy in the case of a nonstructural proposal; (3) section of the United States Geological Survey topographic map showing the territory and watershed affected; (4) maps, drawings, specifications and profiles of any proposed structures, or a description of the specific effects of a nonstructural project; (5) written report of the applicant's engineer showing the proposed plan of operation of a structural project; (6) map of any lands to be acquired or occupied; (7) estimate of the cost of completing the proposed project, and sufficient data to indicate a workable financial plan under which the project will be carried out; and (8) [a description of the construction procedures to be followed in excavating, backfilling, retention of sediment, reseeding and landscaping] analyses and conclusions of regional water supply and wastewater investigations, all with particular reference to minimizing soil erosion and sedimentation in the stream.
(b) Letter of Transmittal. The application shall be accompanied by a letter of transmittal in which the applicant shall include a list of all enclosures, the names and addresses to which communications may be directed to the applicant, and the names and addresses of the applicant's engineer and counsel, if any.
(c) Unless otherwise ordered by the Commission, two copies of the application and accompanying papers shall be filed. If any application is contested, the Commission may require additional copies of the application and all accompanying papers to be furnished by the applicant. In such cases, certified copies or photographic prints or reproductions may be used.
2.3.9 [Preliminary Action;]Informal Conferences[;] and Emergencies.
(a) Whenever the Executive Director shall deem necessary, or upon request of the applicant, an informal conference may be scheduled to explain, supplement or review an application.
[(b) The appropriate agency of a signatory party shall perform a technical review for the Commission, in accordance with Administrative Agreement, of each project finally determined to have a substantial effect on the water resources of the Basin; except that the Commission staff will perform the technical review: (1) whenever the agency of the signatory party is itself the sponsor, or (2) whenever the agency of the signatory party does not have the necessary regulatory jurisdiction, or (3) upon request of the agency of the signatory party, and (4) as to those projects which are subject to an environmental assessment or environmental impact statement under these Rules of Practice and Procedure and the National Environmental Policy Act.
(c) Upon completion of its technical review, the agency of the signatory party shall, in accordance with Administrative Agreement, prepare and file with the Executive Director an action report with respect to the project. The Executive Director shall prepare a memorandum of comment stating his concurrence or nonconcurrence with the findings and recommendations of the action report. The report, memorandum, and a proposed docket decision with reference thereto shall be placed before the Commission by the Executive Director at its next regular meeting. Whenever time permits, a copy of the proposed docket decision shall be furnished to the applicant, and the applicant shall be given an opportunity to comment thereon and to consent to the conditions stated therein, before action by the Commission. The Commission will act upon the project in accordance with Section 3.8 and Article 11 of the Compact (to the extent applicable).]
([d]b) In the event of an emergency requiring immediate action to protect the public interest or to avoid substantial and irreparable injury to any private person or property, and the circumstances do not permit a review, hearing and determination in the regular course of these regulations, the Executive Director with the approval of the chairman of the Commission may issue an emergency certificate authorizing an applicant to take such action as the Executive Director may deem necessary and proper in the circumstances, pending review, hearing and determination by the Commission as otherwise required in these regulations.
[2.3.10 Hearings.
(a) The Executive Director may, and whenever any substantial objection is filed pursuant to this section shall, cause a hearing to be scheduled upon an application received under Section 2.3.8 of these regulations. He may, and at the request of the applicant shall, cause a hearing to be scheduled as to any application referred under Section 2.3.7 of these regulations. Notice of the intention of the Commission to act upon an application received pursuant to Section 2.3.8 of these regulations, or upon a request for a hearing with regard to an application received pursuant to Section 2.3.7, shall be published by the Executive Director in one or more newspapers of general circulation in the area affected, at least once a week for two successive weeks, which publications shall not be less than seven nor more than 21 days prior to the date on which action is proposed to be taken. Such notice shall direct any person objecting to the application to file his objection with the Commission not later than two days before the scheduled date of action. If the Executive Director determines that any filed objection is substantial, he shall defer consideration by the Commission, furnish a copy of each objection to the applicant, and schedule a hearing on the application to be held not less than ten nor more than 30 days after the last day for filing objections. Notice of the hearing shall be served forthwith by certified mail upon the applicant and each person filing a substantial objection. Proof of such publication and of service of notice shall be filed with the Commission on or before the date for which the hearing is scheduled.
(b) The application and supporting documents, maps and data, as filed or amended shall be open to inspection by any interested person prior to the hearing.
2.3.11 Objections. Every objection filed pursuant to Section 2.3.10 shall be in writing and shall particularly specify the ground thereof. Amendments to the objections may be permitted by the Commission. All objections and supporting documents shall be filed in duplicate in such form as the Director may prescribe. No person may be heard in opposition to an application except on objections so filed. Such objections shall be heard and determined under the procedure prescribed by Article 6 of these regulations.]
2.3.1[12]10 Limitation of Approval.
(a) Approval by the Commission under these regulations shall expire three years from the date of Commission action unless prior thereto the sponsor has expended substantial funds (in relation to the cost of the project) in reliance upon such approval. An approval may be extended or renewed by the Commission upon application.
(b) Any application that remains dormant (no proof of active pursuit of approvals) for a period of three years from date of receipt, shall be automatically terminated. Any renewed activity following that date will require submission of a new application.
[2.3.13 Certificate of Compliance. The Executive Director, upon application duly made to him, and after appropriate inspection and such other proof as may be required, may certify to any applicant that the applicant has duly complied with the requirements of any action or determination by the Commission pursuant to these regulations. The Executive Director may make such certification whenever he finds and determines that there has been sufficient compliance to satisfy the purposes and objectives of the Commission's action or determination notwithstanding the existence of any technical variation or omission in the work done. All such certifications shall be reported to the Commission at its next meeting thereafter.]
ARTICLE 4
(Reserved.)
[ENVIRONMENTAL IMPACT STATEMENTSSection 2.4.1 Scope.
(a) Purpose. The National Environmental Policy Act of 1969 implemented by Executive Order 11514, mandates that all federal agencies, to the fullest extent possible, direct their policies, plans and programs so as to meet national environmental goals. Section 105 of the Act provides that ''The policies and goals set forth in this Act are supplementary to those set forth in existing authorizations of federal agencies.'' Section 102 (2) (C) of the Act and the Council on Environmental Quality's Guidelines of April 23, 1971, (36 FR) require that all federal agencies prepare environmental statements on all major federal actions significantly affecting the quality of the human environment. The objective of the Act is to build into the agency decision-making process, beginning at the earliest possible point, an appropriate and careful consideration of the environmental aspects of proposed actions and to assist agencies in implementing the policies as well as the letter of the Act.
(b) Policy. The Delaware River Basin Commission will, in consultation with other appropriate federal, state and local agencies and the public, assess the environmental impacts of any proposed action concurrent with initial technical and economic studies in order that adverse effects will be avoided, and environmental quality will be maintained, restored or enhanced, to the fullest extent practicable. In particular, alternative actions that will minimize adverse impacts will be explored and both the long and short-range implications to man, his physical and social surroundings, and to nature, will be evaluated in order to avoid, to the fullest extent practicable, undesirable consequences as they relate to the quality of the human environment. This assessment shall take place as early as possible and in all cases prior to any decision that may significantly affect the environment and, where required, a draft environmental impact statement will be prepared and circulated in accordance with these regulations.
(c) Definitions.
(1) Action is a resolution by the Commission approving, disapproving, modifying or otherwise disposing of a project, program, legislation or any part thereof.
(2) Applicant is proposed action's sponsor including the Commission when it sponsors an action.
(3) Environment for the purposes of this regulation is the major natural, man-made or affected environment as implied by the National Environmental Policy Act of 1969.
(4) Environmental Assessment is an analysis by the Commission prior to the preparation of an environmental impact statement, of an Applicant's environmental report or of a Commission-sponsored action to determine whether the action proposed will have a significant effect involving the quality of the human environment.
(5) Environmental Impact Statement is a document prepared by the Commission which identifies and analyzes in detail the environmental impacts of a major action by the Commission having significant effects involving the quality of the human environment.
(6) Environmental Report is a document to be submitted by Applicants proposing an action which requires an environmental assessment.
(7) Negative Declaration is a determination by the Executive Director, based upon an environmental assessment, that a proposed action will not require an Environmental Impact Statement.
(8) Notice of Intent is an announcement to other federal, state and local agencies and to the public that the Commission will be preparing an Environmental Impact Statement for a given action.
(9) Responsible Official is the Executive Director or his designee of the Delaware River Basin Commission.
(10) Significant Effect is that degree of impact upon the quality of the human environment determined by the Commission or the Executive Director as sufficient to justify an environmental impact statement.
2.4.2 Actions Requiring an Environmental Report. The applicant, for any action within the following classifications, shall submit not later than the completion of preliminary engineering or feasibility studies, an environmental report.
(a) All action required by the regulations to include an Environmental Impact Statement;
(b) Major action the Commission may wish to initiate;
(c) Action to include in the Commission's Comprehensive Plan the following:
(1) major policy or regulations significantly affecting the quality of the human environment; and
(2) master plans including a sequence of the contemplated projects which together may have a significant effect upon the quality of the human environment; and
(d) When requested by the Executive Director based upon an environmental review of the action.
2.4.3 Applicant's Environmental Report. Upon receipt of the report, the Executive Director shall prepare an environmental assessment of the action. Additional information, studies, maps, etc., may be requested from the Applicant. The environmental assessment will be the basis for the determination of the need for an environmental impact statement.]
[A supplemental guideline covering the substantive contents of an environmental report will be made available to all applicants. In brief, an environmental report will include the following:
(a) A description of the proposed action including the decision-making process, discussing alternatives to illustrate why the proposed action was chosen.
(b) A description of the existing environmental setting without the proposed action.
(c) The probable anticipated environmental impact primary and secondary, including both beneficial and unavoidable adverse effects from the proposed action and the basis for the conclusion. Resources irreversibly and irretrievably committed should be identified.
(d) All reasonable alternatives to the proposed action that have been considered including that of no action.
(e) An evaluation of environmental benefits, costs and risks, including short-term uses versus long-term productivity, weighing the proposed action and the alternatives considered against the quality of the human environment.
(f) Any other information, data, maps, charts, etc., which may be requested by the Commission for use in its analysis of the proposed action.
2.4.4 Environmental Assessment. An environmental review will be made for those actions requiring an environmental report. The assessment is made to identify and evaluate the expected and potential environmental impacts of the action and the alternatives considered. The assessment will determine whether significant impact upon the environment can be anticipated from the proposed action. The results of an environmental assessment will be either the preparation of the environmental impact statement or a negative declaration.
The contents of an environmental assessment will include the following:
(a) Description of the project;
(b) Analysis of significant impacts;
(c) Summation of any objections;
(d) Agencies consulted and their concerns, including interested state, regional, county and local agencies. The Environmental Protection Agency will be consulted in all instances; and
(e) Conclusions.
2.4.5 Negative Declaration.
(a) A negative declaration may be issued by the Executive Director prior to taking any official action on a project which, as a result of an environmental assessment (Section 2.4.4 above), has been determined will not cause significant environmental impacts. The assessment will become a part of the project's records and be available for public inspection.
(b) Prior to the issuance of a negative declaration, the Executive Director shall publish notice of his intent to do so unless good cause to proceed with an environmental impact statement is submitted in writing by any interested person or agency within 15 days from the date of the notice publication.
(c) The negative declaration will include the environmental assessment, copies of any relevant correspondence and the official determination by the Executive Director that the proposed action is not a major action significantly affecting the quality of the human environment.
(d) Once a negative declaration has been made, the proposed project may immediately proceed to Commission action.
(e) When a negative declaration has been made for a proposed action ordinarily requiring the preparation of an environmental impact statement under the provisions of Section 2.4.6, the declaration, complete with the environmental assessment, will be made available to the public.
2.4.6 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; and
(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 of which is substantially controversial.
2.4.7 Lead Agency. The Executive Director shall review the proposed action with other federal agencies to determine whether DRBC should be lead agency for the preparation of the environmental] [impact statement. Cooperative and/or joint agency efforts will be taken whenever practicable. When any action requiring an environmental impact statement under these regulations is also required to have an environmental impact statement by regulations of another federal agency, the Executive Director will consult with such agency and establish appropriate lead agency arrangements that will meet the requirements of the National Environmental Policy Act and the revised (June 1973) Council on Environmental Quality Guidelines, to avoid duplication.
If another federal agency, in its role as lead agency, has determined that, after an environmental assessment, any project listed in theses regulations does not require an environmental impact statement, the Executive Director shall request from the lead agency a letter to that effect and after a review of the project may exempt the project from this section of the rules.
2.4.8 Early Notice. Once the determination has been made that a project requires an environmental impact statement, a public announcement, hereinafter called Notice of Intent, shall be issued to the Council on Environmental Quality, appropriate federal, state and municipal agencies, and be publicly posted in the Commission headquarters. The Notice of Intent shall also be sent to citizens and citizens organizations identified as having an interest in the project. The Notice of Intent shall define the Commission as lead agency and request comments which may be helpful in the preparation of the draft statement. A current list of administrative actions for which environmental impact statements are being prepared will be available for public inspection upon request.
2.4.9 Pre-draft Consultation with Appropriate Agencies.
(a) Consultation with federal agencies. When the Commission is considering an action requiring an environmental impact statement, it will, prior to the preparation of the draft statement, consult with federal agencies having jurisdiction over reasonable alternatives to the proposed action or jurisdiction by law or special expertise with respect to the environmental impacts of the proposed action and reasonable alternatives.
(b) Consultation with state and local agencies. In every case in which implementation of the proposed action or its reasonable alternatives would require exercise of authority by a state or local agency, that agency will be consulted prior to the preparation of the draft statement. Use will be made of the state and local A-95 clearinghouses.
2.4.10 Draft Environmental Impact Statement. The Executive Director shall prepare a substantive draft environmental impact statement as soon as practicable after the decision that the statement is necessary. Where a plan or program has been developed, the relationship between the plan and the subsequent projects or phases encompassed by it shall be evaluated to determine the preferable and most meaningful point in time for preparing a statement. Where practicable the statement will be drafted for the total program at the completion of the overall planning stage. Individual actions included in the plan will not require separate statements except where significant change has occurred. A supplemental statement will be issued covering only that change.
The discussion of alternatives to the proposed action and their impact on the environment will accompany the proposed action through the Commission's entire review process. Generally the content of an environmental impact statement will include the following: (Substantive description of the content is available in supplemental guidelines upon request).
(a) Summary;
(b) Description of the proposed action, statement of its purpose and its components in detail commensurate for an assessment of potential environmental impact;
(c) A succinct description of the environmental setting without the proposed action;
(d) The relationship of the proposed action to water and land use plans, policies, and controls for the affected area;
(e) The probable impact of the proposed action on the environment, beneficial and adverse, including secondary or indirect, as well as primary or direct, consequences;
(f) Any probable adverse environmental effects which cannot be avoided, summarizing those effects discussed in (e) above that are adverse and unavoidable;
(g) All reasonable alternatives to the proposed action that have been considered including that of no action, with an objective evaluation of the environmental impacts from each;
(h) An evaluation of the proposed action in relation to short-term use of man's environment and the maintenance and enhancement of long-term productivity;
(i) Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented;
(j) An indication of other interests and considerations of federal policy thought to offset the adverse environmental effects of the proposed action; and
(k) When determined by the Executive Director as necessary, an evaluation of environmental benefits, costs and risks of the proposed action compared to the alternatives considered against the quality of the human environment.
2.4.11 Processing the Draft Environmental Impact Statement.
(a) The Executive Director shall distribute ten copies of the draft environmental impact statement and two completed National Technical Information Service (NTIS) accession notice cards to the Council on Environmental Quality.
(b) The Executive Director shall announce to other agencies and the general public via the Federal Register and in accordance with other chapters and sections of the Administrative Manual, both the availability of the draft environmental impact statement and the date of a public hearing on environmental factors which will be held not] [less than 15 days after the draft environmental impact statement has been made available to the public.
(c) Concurrent with the announcement of availability, the Executive Director shall provide copies of the draft environmental impact statement to the Environmental Protection Agency and to appropriate field offices of reviewing federal agencies that have special expertise or jurisdiction by law with respect to any impacts involved as listed in Appendix 11 of the Council on Environmental Quality's guidelines. At the same time, copies shall also be provided to the appropriate state and local agencies and to interested organizations and persons.
(d) All comments made upon the draft environmental impact statement should be submitted to DRBC within 45 days after the date of publication in the Federal Register announcing the availability of the draft. Extensions of review time will be at the discretion of the Executive Director.
2.4.12 Final Environmental Impact Statement. Following receipt of comments on the draft environmental impact statement and public hearing, the Executive Director shall prepare a final environmental impact statement responding to written and/or recorded suggestions, criticisms, and comments raised through the review of the draft statement. Distribution will be to the Council on Environmental Quality, the Environmental Protection Agency and those who responded to the draft statement and to written requests.
2.4.13 Public Availability of Statements. All draft and final environmental impact statements, including comments received thereon, shall be available for public examination as per the Freedom of Information Act in the Commission's offices and such other offices as the Executive Director may designate.
2.4.14 Earliest Date for Commission Action. As directed by the Commission the Executive Director will forward the final environmental impact statement to the Council on Environmental Quality. The Commission will act upon a project that is subject to the requirements of this section not less than 90 days after a draft environmental impact statement has been released for public comment and not less than 30 days (which may run concurrently within the 90 days) after the final environmental impact statement has been received by the Council on Environmental Quality. The Commission will include or refer to the environmental assessment or the environmental impact statement, and will make specific findings and conclusions with respect to the environmental effects of the project.
2.4.15 Emergency Circumstances. In the event of emergency circumstances those projects requiring an environmental impact statement as provided for in Section 2.3.9 of these Rules, the Executive Director will consult with the Council on Environmental Quality with respect to waiver, suspension or deferment of the requirements of this Article before any action is taken.
2.4.16 Adequacy of Draft and Final Environmental Impact Statements. The draft and final environmental impact statements will represent the Commission's independent evaluation of the environmental impacts of the action and the appropriate alternatives to the proposed action. Redraft statements will be prepared if, prior to the submission of a final statement to the Council on Environmental Quality, the original draft is inadequate because significant information relevant to the total action was omitted from the original draft or only came to light after circulation of the original draft. All redraft statements shall be circulated for comment in the same manner as original draft environmental impact statements.
2.4.17 Procedure for Commenting upon Environmental Impact Statements.
(a) Comments prepared on draft environmental impact statements authored by other agencies will be based upon the relationship of the action proposed to the Commission's Comprehensive Plan.
(b) Comments will be organized consistent with the structure of the draft statement and will be as specific, substantive and factual as possible.
(c) Five copies of all comments made thereon will be furnished to the Council on Environmental Quality.]
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