§ 8–109.06. Exemptions.
(a) No EIS shall be required by this subchapter with respect to an action:
(1) For which an EIS has been prepared in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.) (“NEPA”), and its implementing regulations, or a determination has been made under NEPA and its implementing regulations that no impact statement is required due to a finding of no significant impact or a finding that the proposed action is categorically excluded from consideration;
(2) For which a request has been made for the authorization or allocation of funds for a project that involves only a feasibility or planning study for a possible future action that has not been approved, adopted, or funded. The study, however, shall include consideration of environmental factors;
(3) Whose impact on the environment has been considered in the functional equivalent of an EIS;
(4) That has reached a critical stage of completion prior to October 18, 1989 and the cost of altering or abandoning the action for environmental reasons outweighs the benefits derived from the action;
(5) Of an environmentally protective regulatory nature;
(6) Exempted by rules approved pursuant to § 8-109.09(a);
(7) Within the Central Employment Area as defined in the Zoning Regulations of the District of Columbia;
(8) For which a lease, permit, certificate, or any other entitlement or permission to act by a District government agency has been approved before December 31, 1989; or
(9) Granting an interim operating permit to an existing solid waste facility pursuant to § 8-1053.
(b) The Mayor or a board, commission, authority, or person shall prepare a supplemental EIS for any action exempted pursuant to subsection (a)(1) or (a)(3) of this section, if a substantial and relevant question remains with regard to the impact of the action on the environment that would otherwise be addressed in an EIS prepared in accordance with this subchapter.