[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Proposed Rules]
[Pages 13650-13651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6228]



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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / 
Proposed Rules
[[Page 13650]]

DEPARTMENT OF AGRICULTURE

Rural Housing and Community Development Service
Rural Business and Cooperative Development Service
Rural Utilities Service
Consolidated Farm Service Agency

7 CFR Part 1940

RIN 0575-AB64


Environmental Program

AGENCIES: Rural Housing and Community Development Service, Rural 
Business and Cooperative Development Service, Rural Utilities Service, 
and Consolidated Farm Service Agency, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agencies propose to revise their Environmental regulation. 
This action is necessary to clarify the meaning of two existing 
sections. The intended effect of this action is to reorganize and 
supplement the existing sections to provide a better understanding of 
the threshold criteria used to differentiate between Class I and Class 
II environmental assessments.

DATES: Comments must be received on or before May 15, 1995.

ADDRESSES: Submit written comments in duplicate to the office of the 
Chief, Regulations, Analysis, and Control Branch, Rural Economic and 
Community Development, U.S. Department of Agriculture, Room 6348, South 
Agriculture Building, 14th Street and Independence Avenue SW., 
Washington, D.C. 20250-0700.

FOR FURTHER INFORMATION CONTACT: Donald O. Lander, Senior Environmental 
Protection Specialist, Environmental Support Branch, Program Support 
Staff, Rural Housing and Community Development Service, U.S. Department 
of Agriculture, Room 6309, South Agriculture Building, 14th Street and 
Independence Avenue SW., Washington, D.C. 20250-0700; telephone (202) 
720-9619.

SUPPLEMENTARY INFORMATION:

Classification

    We are issuing this proposed rule in conformance with Executive 
Order 12866, and the Office of Management and Budget (OMB) has 
determined that it is a ``significant regulatory action''.

Intergovernmental Consultation

    This rule affects the following Agency programs as listed in the 
Catalog of Federal Domestic Assistance (CFDA):

10.434--Nonprofit National Corporations Loan and Grant Program
10.760--Water and Waste Disposal Systems for Rural Communities
10.761--Technical Assistance and Training Grants
10.762--Solid Waste Management Grants
10.763--Emergency Community Water Assistance Grants
10.766--Community Facilities Loans
10.767--Intermediary Relending Programs
10.768--Business and Industrial Loans
10.769--Rural Business Enterprise and Television Demonstration 
Grants
10.770--Water and Waste Disposal Loans and Grants (Section 306C)
10.771--Rural Technology Development Grants

    Executive Order 12372 requires intergovernmental consultation with 
State and local officials. Of the FmHA programs affected by this rule, 
the following are subject to the provisions of Executive Order 12372: 
10.760, 10.763, 10.766, 10.767, 10.768, 10.769, 10.770, and 10.771.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
602), the undersigned has determined and certified by signature of this 
document that this rule will not have a significant economic impact on 
a substantial number of small entities since this rulemaking action 
does not involve a new or expanded program. Therefore a regulatory 
flexibility analysis was not prepared.

Civil Justice Reform

    This document has been reviewed in accordance with Executive Order 
12778. It is the determination of the Agencies that this action does 
not unduly burden the Federal Court System in that it meets all 
applicable standards provided in Section 2 of the Executive Order.

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' The Agencies have determined that 
this action does not constitute a major Federal action significantly 
affecting the quality of the human environment, and in accordance with 
the National Environmental Policy Act of 1969, Public Law 91-190, an 
Environmental Impact Statement is not required.

Paperwork Reduction Act

    The information collection requirements contained in this 
regulation have been approved by the Office of Management and Budget 
(OMB) under the provisions of 44 U.S.C. Chapter 35 and has been 
assigned OMB control number 0575-0094 in accordance with the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3507). This proposed rule does not 
revise or impose any new information collection or recordkeeping 
requirement from those approved by OMB.

Background

    Section 1940.311 describes certain threshold criteria for projects 
which may complete an environmental review using the format for a Class 
I environmental assessment.
    In Sec. 1940.311(b)(1)(i) there has been confusion as to what 
constitutes a ``substantial increase'' relating to a withdrawal or 
discharge. This confusion has resulted in the unnecessary completion of 
Class II environmental assessments for some utility projects.
    The regulation will be revised to clarify this section by 
distinguishing between discharges and withdrawals, and to provide 
guidance relating to substantial increases.
    In Sec. 1940.311(b)(1)(ii) there has been confusion about 
interpreting the withdrawal rate to achieve a 50,000 gallon per day 
withdrawal from surface or groundwater for a new withdrawal facility. A 
common engineering practice is to design the pumping facility to 
achieve the average daily withdrawal in less than a 24 hour period to 
provide an adequate safety factor. However, some loan officials 
calculate the withdrawal based on pumping the source including any 
backup source on a 24 hour basis. This results in completion of a 
higher level of environmental review than is required. [[Page 13651]] 
    The regulation is proposed to be revised to clarify this section by 
changing the unit of measurement from gallons per day, to an equivalent 
population served. This will eliminate the confusion, and should not 
result in a change to the threshold as the present threshold of 50,000 
gallons per day for a new withdrawal is based on EPA's definition of 
Very Small Water Systems, ``systems serving up to 500 people.'' Based 
on an average daily demand of 100 gallons per day per capita, the 
average daily withdrawal for very small systems will be 50,000 gallons 
per day.
    To be consistent, the equivalent population will also be used for 
discharges.
    Section 1940.311(b)(1)(v) will also be revised to remove the 
apparent conflict created by the revision to Sec. 1940.311(b)(1)(ii).
    In Sec. 1940.311(b)(2) there has been confusion about the number of 
beds which may be added to an existing facility. This confusion has 
resulted in the unnecessary completion of Class II environmental 
assessments for some essential community facility projects.
    The regulation is proposed to be revised to clarify this section by 
separately specifying the number of beds for new and existing projects.
    In Sec. 1940.311(b)(3)(iii) there has been confusion about whether 
medical waste is considered to be a hazardous waste. This confusion has 
resulted in the unnecessary completion of Class II environmental 
assessments for some essential community facility projects.
    The regulation is proposed to be revised to clarify this section by 
adding a new section that will deal specifically with medical wastes.

List of Subjects in 7 CFR Part 1940

    Endangered and threatened wildlife, Environmental protection, 
Floodplains, National wild and scenic river system, Natural resources, 
Recreation, Water supply.

    Accordingly, the Agencies propose to amend Chapter XVIII, Title 7, 
Code of Federal Regulations as follows.

PART 1940--GENERAL

    1. The authority citation for part 1940 continues to read as 
follows:

    Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 
2.23 and 2.70.

Subpart G--Environmental Program

    2. Section 1940.311 is amended by redesignating paragraph 
(b)(3)(iii) as (b)(3)(iv); revising paragraphs (b)(1)(i), (b)(1)(ii), 
(b))(1)(v), and (b)(2); and adding a new paragraph (b)(3)(iii) to read 
as follows:


Sec. 1940.311  Environmental assessments for Class I actions.

* * * * *
    (b) * * *
    (1) * * *
    (i) For existing Systems, there will not be either:
    (A) A substantial increase in the volume of an existing discharge 
or the loading of pollutants from an existing or expanded sewage 
treatment facilities, or
    (B) A substantial increase in an existing withdrawal from surface 
or ground waters.
    (C) The existence of a substantial increase will depend on the 
particulars of the situation under consideration. Each proposal should 
be examined for the possibility of a substantial increase in discharge 
or withdrawal. A substantial increase may or may not be determined by 
such factors as: evidence of a large increase in pump or pipe size, 
other evidence of a large increase in hydraulic capacity, or the need 
for a new or amended discharge or withdrawal permit. Whatever factors 
are considered, the rationale behind the decision should be documented 
as part of the Class I assessment.
    (ii) For all systems (existing and new), there will not be either:
    (A) A new discharge to surface or ground waters, such that the 
additional design capacity of the facility exceeds the average daily 
discharge of an equivalent population of 500 persons, or
    (B) A new withdrawal from surface or ground waters such that the 
additional design capacity of the facility exceeds the demand needed to 
serve an equivalent population of 500 persons, and
    (C) The potential water quality impacts are analyzed and documented 
in the manner required for a Class II assessment and attached as an 
exhibit to the Class I assessment.
    (D) A new well solely to provide ``backup'' capacity, required by a 
State regulatory agency or standard engineering practice, is not 
considered a new withdrawal.
* * * * *
    (v) For a proposed expansion of a sewage treatment or water supply 
facility, such expansion would serve an equivalent population that is 
no more than 20 percent or 500 persons (whichever is the larger) 
greater than the existing population.
* * * * *
    (2) Financial assistance for existing group homes, detention 
facilities, nursing homes, or hospitals that add no more than 25 beds 
or increase the number of beds by no more than 25 percent, whichever is 
greater, or new facilities of not more than 25 beds.
    (3) * * *
    (iii) Do not produce infectious, medical, biological, or special 
medical wastes (including radiological waste of medical origin) that 
would exceed small quantity generator limits as established by the 
appropriate regulatory agency, and provided the facility's management 
plan is reviewed to ensure compliance with the regulatory agency 
requirements. The management plan should include standard operating 
procedures for notification, permitting, and recordkeeping requirements 
as well as handling, storage, packaging, and disposal of infectious 
waste materials. Documentation of the compliance review must be 
attached as an exhibit to the Class I assessment.
* * * * *
    Dated: February 27, 1995.
Michael V. Dunn
Acting Under Secretary for Rural Economic and Community Development.
[FR Doc. 95-6228 Filed 3-13-95; 8:45 am]
BILLING CODE 3410-17-U