| (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.
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| Source Note: The provisions of this §371.41 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863 |
