Extraordinary Circumstances
If extraordinary circumstances exist within an area affected by an action, such that an action is categorically excluded from NEPA compliance may have significant adverse environmental impact, an environmental assessment shall be prepared. Extraordinary circumstances that may have a significant environmental impact include:
- Greater scope or size than normally experienced for a particular category of action;
- Actions with a high level of public controversy;
- Potential for degradation, even though slight, of already existing poor environmental conditions;
- Employment of unproven technology with the potential adverse effects or actions involving unique or unknown environmental risks;
- Presence of endangered or threatened species or their critical habitat, or archaeological cultural, historical or other protected resources;
- Presence of hazardous or toxic substances at levels which exceed Federal, state, or local regulations or standards requiring action or attention;
- Actions with the potential to affect special status areas adversely or other critical resources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole or principal drinking water aquifers;
- Potential for adverse effects on health or safety; and
- Potential to violate a federal, state, local, or tribal law or requirement imposed for the protection of the environment.
- Potential for significant cumulative impact when the proposed action is combined with other past, present and reasonably foreseeable future actions, even though the impacts of the proposed action may not be significant by themselves.
Last Modified: Tuesday, 18-Apr-2006 16:01:26 EDT