(a) [See also City Planning Rules 62 RCNY § 5-04(e)] If an action under consideration by an agency may involve a "major federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969," then the following procedures shall apply:
(1) in the case of an action for which there has been duly prepared both a draft EIS and a final EIS, no agency shall have an obligation to prepare an EIS or to make findings pursuant to 43 RCNY § 6-12.
(2) in the case of an action for which there has been prepared a Negative Declaration or other written threshold determination that the action will not require a federal impact statement under the National Environmental Policy Act of 1969, the lead agencies shall determine whether or not the action may have a significant effect on the environment pursuant to this chapter, and the action shall be fully subject to the same.
(b) [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Entire subdivision (b) superseded by City Planning Rules 62 RCNY § 5-03(j) and 62 RCNY § 5-04(d).] If an action under consideration by any agency may involve any state action which may have a significant effect on the environment under SEQRA, pursuant to which a state agency is required to comply with the procedures specified in 6 NYCRR 617, then the determination as to whether the state agency or the lead agencies shall be responsible for the environmental review shall be made on the basis of the following criteria:
(1) the agency to first act on the proposed action;
(2) a determination of which agency has the greatest responsibility for supervising or approving the action as a whole;
(3) a determination of which agency has the more general governmental powers as compared to single or limited powers or purposes;
(4) a determination of which agency has the greatest capability for providing the most thorough environmental assessment of the action;
(5) a determination of whether the anticipated impacts of the action being considered are primarily of statewide, regional or local concern, e.g., if such impacts are primarily of local concern, the lead agencies shall conduct the environmental review. If this determination cannot be made within 30 days of the filing of an application, the Commissioner of DEC shall be requested, in writing, to make such determination.