1. (a) Policy and purpose. This subchapter governs the environmental review of projects funded in whole or in part by the CWSRF. Environmental review of all proposed infrastructure projects is a condition of the use of federal CWSRF funds. This subchapter follows the procedures established by EPA for implementing the NEPA set forth at 40 CFR Part 6. The environmental review must be completed prior to the release of federal funds for design and construction and the review is subject to public comment. The Applicant, at all times throughout the design, construction, and operation of the project, shall comply with the determinations resulting from the environmental review.

2. (b) Types of environmental determinations. An environmental determination is issued by the executive administrator at the culmination of the process described in this subchapter. After gathering and reviewing relevant information and data, soliciting comments from state and federal agencies and receiving and analyzing public comments, the executive administrator will issue one of the following determinations:

   1. (1) a Categorical Exclusion, based on submission of information from the Applicant;
   2. (2) a Finding of No Significant Impact, based on review of the Applicant's Environmental Information Document and the Board's Environmental Assessment; or
   3. (3) a record of decision, based on an environmental impact statement.

3. (c) General review by executive administrator.

   1. (1) The executive administrator shall conduct an inter-disciplinary, inter-agency and public review 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 the environmental impacts of a proposed project and the necessary steps required to avoid, minimize and, if necessary, 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. (2) For all environmental determinations 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 in compliance with the NEPA, or to reaffirm the original determination. If there has been substantial change in the proposed infrastructure project that is relevant to environmental concerns, or if there are significant new circumstances or information relevant to environmental concerns, the executive administrator must conduct a supplemental environmental review and complete an appropriate determination in compliance with the NEPA. The executive administrator may consider environmental determinations issued by other entities.

Source Note:The provisions of this §375.61 adopted to be effective September 8, 2010, 35 TexReg 8126.