V. Environmental Impact Analysis

The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 at seq.), as implemented by the regulations (40 CFR Part 1500) of the Council on Environmental Quality (CEQ), requires that federal agencies assess their regulatory actions to determine if there is a potential for a significant impact on the quality of the human environment and, if necessary, to prepare an environmental impact statement.

In accordance with these requirements and DOL NEPA Compliance Procedures (29 CFR Part 11, subpart B, section 11.10(a)(4)), OSHA has determined that this standard will not have any appreciable negative environmental impact.

In any event, OSHA also believes that due to the compressed rulemaking schedule imposed by the Congress in issuing the interim regulation, no environmental impact statement will be prepared for this interim rule.

In similar situations, for example, when an emergency temporary standard (ETS) has been issued, the courts have held that NEPA does not require advance preparation of an environmental statement for an ETS (Dry Color Manufacturing Association v. U.S. Department of Labor; 486 F. 2d 98, 107 [3rd Cir. 1973]). This interim final standard is similar in nature to an ETS, which is issued on an abbreviated schedule and for a relatively brief period. The DOL NEPA regulations set forth in 29 CFR Part 11, subpart B, section 11, 10(s)(4), provide that in these situations the regulations set forth in 40 CFR Parts 1500 et seq may not be strictly observable.

[58 FR 26590, May 4, 1993]