Current through Reg. 49, No. 38; September 20, 2024
(a) A proposed project can be categorically
excluded from a full environmental review if the proposed project:
(1) fits within the category of action that
is eligible for exclusion, as listed in subsection (b) of this
section;
(2) will not result in
significant impacts on the quality of the human environment; and
(3) does not involve extraordinary
circumstances, as listed in subsection (d)(1) - (9) of this section.
(b) Projects that may be eligible
for a categorical exclusion (CE) include the following actions on existing
systems:
(1) those that involve upgrades that
are minor;
(2) minor expansion of
system capacity;
(3) the
rehabilitation, including functional replacement of the existing system and
system components; and
(4) the
construction of new minor ancillary facilities located adjacent to or on the
same property as existing facilities.
(c) Projects not eligible for a CE include:
(1) projects that would otherwise be eligible
for a CE but due to extraordinary circumstances, as listed in subsection (d)(1)
- (9) of this section, are not eligible for a CE;
(2) projects that involve new or relocated
discharges to surface or ground water;
(3) projects that will likely result in the
substantial increase in the volume or the loading of a pollutant to the
receiving water;
(4) projects that
will provide capacity to serve a population 30 percent greater than the
existing population;
(5) projects
that are not supported by the state, or other regional growth plan or strategy;
and
(6) projects that directly or
indirectly involve or relate to upgrading or extending infrastructure systems
primarily for the purposes of future development.
(d) Extraordinary circumstances may become
known at any time during the planning, design, or construction of a project and
may cause the project to be ineligible for a CE. Extraordinary circumstances
include, but are not limited to, the following known or expected impacts:
(1) potentially significant environmental
impacts on the quality of the human environment either individually or
cumulatively over time;
(2)
disproportionally high and adverse human health or environmental effects on any
community, including minority communities, low-income communities, or
federally-recognized Indian tribal communities;
(3) a significant effect on federal or
state-listed threatened or endangered species or their critical
habitat;
(4) a significant effect
on national or state natural landmarks or property with nationally significant
or state historic, architectural, prehistoric, archeological, or cultural
value;
(5) a significant effect on
environmentally important natural resource areas such as wetlands, floodplains,
significant agricultural lands, aquifer recharge zones, coastal zones, barrier
islands, wild and scenic rivers, and significant fish or wildlife
habitat;
(6) a significant adverse
air quality effect;
(7) a
significant effect on the pattern and type of land use or growth and
distribution of population including altering the character of existing
residential areas, or may not be consistent with state or local government, or
federally-recognized Indian tribe approved land use plans or federal land
management plans;
(8) significant
public controversy about a potential environmental impact of the proposed
project; and
(9) conflict with
federal, state, or local government, or federally-recognized Indian tribe
environmental, resource protection, or land-use laws or regulations.
(e) Upon the discovery of
extraordinary circumstances, the executive administrator may deny a CE or
rescind an existing CE.
(f) The
executive administrator shall review the information submitted by the Applicant
and may request additional information as needed to complete the finding
regarding the eligibility of a proposed project for a categorical
exclusion.
(g) The Board's finding
relating to a CE shall be subject to public notice, which shall be published
either in a newspaper of general circulation in the county or counties of the
affected community or on the agency's website and referenced in a public notice
in a newspaper of general circulation in the county or counties of the affected
community.
