(a) Should the proposed action of the applicant not be type II or excluded, the department will either:

1. (1) prepare an environmental assessment on the applicant's proposed action;
2. (2) request the applicant to prepare an environmental assessment on its proposed action; or

3. (3) commence procedures leading to the preparation of a DEIS or Federal DEIS pursuant to subdivision (c) of this section.

   In any case, if the action is in a coastal area, the provisions of 19 NYCRR Part 600 may also apply and will, if applicable, be complied with by the department.

(c) If, based upon its consideration of the environmental assessment, and the criteria contained in section 15.11 of this Part, the department determines that the proposed action of the applicant may have a significant effect on the environment, the following shall apply:

1. (1) If the proposed action of the applicant is subject to the requirements of NEPA, the department shall follow those procedures necessary for its compliance with NEPA for major Federal actions significantly affecting the quality of the human environment. Upon completion of the Federal FEIS by the department or Federal agency as is appropriate under NEPA implementing regulations, the department shall have no further obligation with respect to this Part, provided that the department has:

   1. (i) given consideration to the Federal FEIS; and
   2. (ii) prepared a record of decision in accordance with section 15.9 of this Part.
2. (2) If the proposed action of the applicant is not subject to the requirements of NEPA for major Federal actions significantly affecting the quality of the human environment, the department shall prepare a formal determination that the proposed action of the applicant may have a significant effect on the environment and file such determination in accordance with section 15.10 of this Part.

(e) When the applicant prepares the DEIS, the department shall review it and determine whether to accept it as satisfactory with respect to its scope, content and adequacy. Should the DEIS be acceptable, the department shall so notify the applicant. Should the DEIS submitted by the applicant not be acceptable, the department shall so notify the applicant and specify the deficiencies which render the DEIS inadequate. An applicant shall be given adequate time to cure any such deficiencies.

1. (1) Upon the submission of an adequate DEIS by the applicant or the completion of the DEIS by the department, the department shall prepare a notice of completion of the DEIS and shall file such notice and the DEIS, all in accordance with section 15.10 of this Part.
2. (2) In addition, the department shall determine whether or not to hold a hearing on the proposed action of the applicant, based upon the degree of interest shown by other persons and the extent to which a hearing can aid in the department's decisionmaking process by providing a forum for, or an efficient mechanism for the collection of, public comment. Should the department determine that a hearing should be held, it shall prepare, file and publish such notice, in accordance with section 15.10 of this Part, and hold such hearing.
3. (3) A minimum commenting period of 30 days is required for all DEIS's.
4. (4) If, upon consideration of the DEIS, comments received thereon and the transcript of any hearing held, the department determines that the proposed action of the applicant is one which will not have a significant effect on the environment, the department shall prepare a formal determination to such effect and file it in accordance with section 15.10 of this Part. Upon such filing, the department may fund such action or grant such permit, as the case may be, and shall have no further obligation with respect to this Part.

(f)

(j) After the conclusion of the commenting period on the FEIS for the proposed action of the applicant, the department may fund such action or grant such permit, as the case may be, provided that the department has:

1. (1) given consideration to the FEIS; and
2. (2) prepared a record of decision in accordance with section 15.9 of this Part.