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(iv) Use of unproven technology;
(v) Potential presence of an endangered species, archeological
remains, or other protected resources; or
(vi) Potential presence of hazardous or toxic substances.
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(c) Environmental assessments. If the proposed action is not covered by
paragraph (a) or (b) of this section, the responsible official (head of
the VA element) will prepare an environmental assessment (CEQ Regulations,
40 CFR 1508.9). Based on the environmental assessment, the official shall
determine whether it is necessary to prepare an environmental impact
statement, or to prepare a finding of no significant impact (CEQ
Regulations, 40 CFR 1508.13).
(1) Typical Classes of Action Which Normally Do Require Environmental
Assessments But Not Necessarily Environmental Impact Statements
(i) Acquisition of land of 4 hectares (10 acres) of less for
development of a VA medical facility;
(ii) Acquisition of land from 2 to 20 hectares (5 to 50 acres) for
development of a VA national cemetery; and,
(iii) New construction in excess of 7,000 m2 (75,000 gross square
feet);
(2) Specific criteria for Typical Classes of Action Which Normally Do
Require an Environmental Assessment
(i) Potential minor degradation of environmental quality;
(ii) Potential cumulative impact on environmental quality;
(iii) Presence of hazardous or toxic substances;
(iv) Potential violation of pollution abatement laws;
(v) Potential impact on protected wildlife or vegetation;
(vi) Potential effects on designated prime farmlands, wetlands,
floodplains, or ecologically critical areas;
(vii) Alteration of storm water runoff and retention;
(viii) Potential dislocation of persons or residences;
(ix) Potential increase of average daily vehicle traffic volume on
access roads to the site by 10 percent or more but less than 20
percent, or which alters established traffic patterns in terms of
location and direction;
(x) Potential threat or hazard to the public, or highly uncertain
risks to the environment;
(xi) Potential conflicts with Federal, State, or local environmental
protection laws or requirements;
(xii) Potential conflict with, or significant impact on, official
local or regional zoning or comprehensive land use plans; and,
(xiii) Overloading of public utilities with insufficient capacity to
provide reliable service and for average and peak periods.
26.7 VA environmental decision making and documents.
(a) Relevant environmental documents shall accompany other decision
documents as they proceed through the decision making process.
(b) The major decision points for VA actions, by which time the necessary
environmental documents must be completed, are as follows:
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