§ 1021.5 Categories of CPSC actions.

(a) There are no CPSC actions which ordinarily produce significant environmental effects. Therefore, there are no actions for which an environmental impact statement is normally required. (b) The following categories of CPSC actions have the potential of producing environmental effects and therefore, normally require environmental assessments but not necessarily environmental impact statements: (1) Regulatory actions dealing with health risks. (2) Actions requiring the destruction or disposal of large quantities of products or components of products. (3) Construction, relocation, or major renovation of CPSC facilities. (4) Recommendations or reports to Congress on proposed legislation that will substantially affect the scope of CPSC authority or the use of CPSC resources, authorize construction or razing of facilities, or dislocate large numbers of employees. (5) Enforcement actions which result in the widespread use of substitute products, which may present health risks. (c) The following categories of CPSC actions normally have little or no potential for affecting the human environment; and therefore, neither an environmental assessment nor an environmental impact statement is required. (These categories are termed “categorical exclusions” in the NEPA regulations; see §§ 1507.3(b)(2) and 1508.4): (1) Rules or safety standards to provide design or performance requirements for products, or revision, amendment, or revocation of such standards. (2) Product certification or labeling rules. (3) Rules requiring poison prevention packaging of products or exempting products from poison prevention packaging rules. (4) Administrative proceedings to require individual manufacturers to give notice of and/or to correct, repair, replace, or refund the purchase price of banned or hazardous products. Other administrative adjudications which are primarily law enforcement proceedings. (5) Recommendations or reports to Congress on proposed legislation to amend, delete or add procedural provisions to existing CPSC statutory authority. (6) Decisions on petitions for rulemaking. (7) Issuance of subpoenas, general orders, and special orders. (d) In exceptional circumstances, actions within category in paragraph (c) of this section (“categorical exclusions”) may produce effects on the human environment. Upon a determination by the Executive Director that a normally excluded proposed action may have such an effect, an environmental assessment and a finding of no significant impact or an environmental impact statement shall be prepared.