1. A. General. EIDs and environmental assessments or EISs are not required for excluded categories of projects.

2. B. Categories of Projects Eligible for Exclusion. The following categories of projects are eligible for exclusion:

   1. (1) Minor rehabilitation of existing facilities;
   2. (2) Functional replacement of equipment or structures, or both;
   3. (3) New ancillary facilities that do not increase the capacity of the existing facility;
   4. (4) Infiltration and inflow corrections;
   5. (5) Construction of water distribution or wastewater collection systems, or both, for existing communities;
   6. (6) Refinancing of projects previously constructed; or
   7. (7) Projects where funding is being provided for planning.

3. C. Determination.

   1. (1) The Department shall determine whether a project is eligible for a categorical exclusion as early as possible following the receipt from an applicant of a preloan application containing a project description.

   2. (2) Before the Department makes a final decision to grant an exclusion, the Department will publish a notice of eligibility for categorical exclusion in a prominent advertisement in at least one newspaper of general circulation in the area concerned. The public notice shall:

      1. (a) Reference the preloan application;
      2. (b) Include a brief description of the proposed project; and
      3. (c) Include a brief statement of how the project meets the criteria for a categorical exclusion.
   3. (3) The Department shall submit the notice of eligibility for categorical exclusion to those lead State and federal agencies responsible for the federal laws itemized in Appendix F of the Initial Guidance for State Revolving Funds (January 28, 1988).
   4. (4) The Department shall allow a 20-day comment period, following public notice, before issuing its final decision on the categorical exclusion.
   5. (5) The Department's final decision will be issued to the applicant.

4. D. Revocation. The Department shall revoke a categorical exclusion and shall require an environmental review if, subsequent to the granting of an exclusion, the Department determines that:

   1. (1) The proposed project no longer meets the requirements for a categorical exclusion due to changes in the proposed project;
   2. (2) New evidence indicates that the project may seriously impact the environment; or
   3. (3) Federal, State, or local environmental laws are being or may be violated.

Authority: Environment Article, §§9-204 and 9-1604, Annotated Code of Maryland

Effective date: September 18, 1989 (16:18 Md. R. 2025)

Regulation .01B amended effective May 5, 1997 (24:9 Md. R. 658)

Regulation .02B amended effective May 5, 1997 (24:9 Md. R. 658)

Regulation .04B amended effective May 5, 1997 (24:9 Md. R. 658)

Regulation .08C, D amended effective May 5, 1997 (24:9 Md. R. 658)