N.Y. Comp. Codes R. & Regs. tit. 21 § 461.4

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

Section 461.4 - Designation of lead agency

(a) If the action is a Type I or unlisted action, the director shall determine if other agencies qualify as involved agencies.

(b) Where it is determined that other agencies are involved, the director shall mail the completed EAF, with Part 1 thereof completed, and a copy of an application, if applicable, to the involved agencies, notifying them that, within 30 calendar days of the date the EAF was mailed to them, a lead agency must be designated by agreement among them. If no lead agency is agreed upon within the 30-day period, the Power Authority, pursuant to 6 NYCRR 617.6(b)(5)(i), may request by certified mail or other form of receipted delivery the commissioner of the New York State Department of Environmental Conservation to designate a lead agency.

(c) Where it is determined that other agencies are involved and the activity is unlisted, the procedures set forth in subdivision (b) of this section are discretionary.

(d) Where an agency other than the Power Authority is determined to be a lead agency, the regulations of that agency apply in lieu of this Part; provided, however, that the determinations required pursuant to section 461.13(b) of this Part must be made.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 461.4