eCFR Reference Browser

---

title: "40 CFR §1504.2"

source: "https://www.ecfr.gov/current/title-40/section-1504.2"

title_number: "40"

volume_number: "37"

chapter_number: "Unknown"

subchapter_code: "U"

subchapter_subject: "AIR POLLUTION CONTROLS"

part_code: "1504"

part_subject: "PREDECISION REFERRALS TO THE COUNCIL OF PROPOSED FEDERAL ACTIONS DETERMINED TO BE ENVIRONMENTALLY UNSATISFACTORY"

subpart_code: "A"

subpart_subject: "Overview and Applicability"

section_number: "1504.2"

section_subject: "Criteria for referral."

cfr_reference: "40 CFR 1504.2"

title_name: "Title 40"

title_subject: "Protection of Environment"

parts_covered: "Part 1060 to End"

revised_date: "Revised as of July 1, 2019"

publication_date: "As of July 1, 2019"

contains_description: "Containing a codification of documents of general applicability and future effect"

publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"

---

Environmental referrals should be made to the Council only after concerted, timely (as early as possible in the process), but unsuccessful attempts to resolve differences with the lead agency. In determining what environmental objections to the matter are appropriate to refer to the Council, an agency should weigh potential adverse environmental impacts, considering:

(a)Possible violation of national environmental standards or policies.

(b)Severity.

(c)Geographical scope.

(d)Duration.

(e)Importance as precedents.

(f)Availability of environmentally preferable alternatives.

§1504.2 - Criteria for referral.