Current through Reg. 49, No. 38; September 20, 2024
(a) Policy and
purpose. This subchapter governs the environmental review of projects funded in
whole or in part by the DWSRF. Environmental review of all proposed
infrastructure projects is a condition of the use of DWSRF financial assistance
and is subject to annual audits by the EPA. This subchapter follows the
procedures established by the EPA for implementing the National Environmental
Policy Act set forth at 40 CFR Part 6. The environmental review process
described in this subchapter applies to the maximum extent legally and
practicably feasible. However, the environmental review process may be modified
due to an emergency condition as described in §
371.40(3)
of this title (relating to Definitions). The environmental review is subject to
public comment. The Applicant, at all times throughout the design,
construction, and operation of the project, shall comply with the findings
resulting from the environmental review.
(b) Timing. The environmental review process
is a component of the planning phase and must be completed prior to the
executive administrator's approval of the Applicant's engineering feasibility
report.
(c) Types of environmental
findings. At the culmination of the environmental review process described in
this subchapter, the Board will issue one of the following findings :
(1) a Categorical Exclusion:
(A) based on review of information submitted
by the Applicant; and
(B) the
eligibility criteria described in §
371.42
of this subchapter.
(2)
a Finding of No Significant Impact:
(A) based
on review of the Applicant's Environmental Information Document; and
(B) the executive administrator's
Environmental Assessment;
(3) a Record of Decision based on review of
the Environmental Impact Statement prepared by the Applicant's third party
contractor; or
(4) a Statement of
Findings:
(A) based on review of a previous
environmental finding for the proposed project;
(B) based on review of proposed project
modifications for consistency with a previous environmental finding;
and/or
(C) to correct, clarify, or
modify an environmental finding.
(d) General review by the executive
administrator.
(1) The executive administrator
shall ensure that an inter-disciplinary, inter-agency, and public review is
conducted consistent with the NEPA. The purpose of this review is to ensure
that the proposed project will comply with the applicable local, state, and
federal laws and regulations relating to the identification of potential
environmental impacts of a proposed project and the necessary steps required to
mitigate such impacts. The scope of the environmental review will depend upon
the type of proposed action, the reasonable alternatives, and the type of
environmental impacts.
(2) For all
environmental findings that are five years old or older, and for which the
proposed infrastructure project has not yet been implemented, the executive
administrator must re-evaluate the proposed financial assistance application as
well as the environmental conditions and public comment to determine whether to
conduct a supplemental environmental review in compliance with the NEPA, or to
reaffirm the original finding . If there has been substantial change in the
proposed infrastructure project that is relevant to environmental concerns, or
if there are significant new circumstances, changes in federal environmental
cross-cutter requirements that affect the environmental finding, or information
relevant to environmental concerns, the executive administrator must conduct a
supplemental environmental review and complete an appropriate finding in
compliance with the NEPA. The executive administrator may consider
environmental findings issued by other entities.
(e) Equivalency projects. The Board will
inform EPA when consultation or coordination by EPA with other federal agencies
is necessary to resolve issues regarding compliance with applicable federal
laws.
