Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter C - State Environmental Review Process › Section IX-2125 - Introduction to the State Environmental Review Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state environmental review process
					 (SERP) provides the policy for conducting environmental reviews of construction
					 projects that are funded by federal funds in Louisiana's CWSRF. The reviews
					 shall be consistent with the requirements of the National Environmental Policy
					 Act (NEPA) of 1969,
					 42 U.S.C.
					 4321 et seq
.
, as implemented
					 by the Council on Environmental Quality (CEQ) NEPA Regulations (40 CFR Parts
					 1500-1508). Pursuant to the 1987 amendments to the Clean Water Act, the United
					 States Environmental Protection Agency (EPA) specified that state agencies may
					 either develop or revise their own environmental review methods. They may also
					 adopt and apply the procedures of 40
Code of Federal
					 Regulations
(CFR) Part 6. The CWSRF has adopted the procedures as
					 outlined in 40 CFR Part 6, procedures for implementing the National
					 Environmental Policy Act and assessing the environmental effect abroad of EPA
					 actions.
B. All terminology used in
					 this document is consistent with the terms defined in  40 CFR Part 1508  (CEQ
					 NEPA regulations). The following definitions are provided for
					 clarity.
Environmental Information Document
(EID)
- any written analysis prepared by an applicant, or
						their authorized representative, describing the environmental impacts of a
						proposed project. This document shall be of sufficient scope to enable the
						CWSRF to identify potentially significant environmental concerns and the
						associated potential impacts of the proposed project.
Environmental Review
- the process
						whereby an evaluation is undertaken by the CWSRF to determine whether a
						proposed project may have a significant impact on the environment.
Preliminary Engineering Report (PER)
-
						any written study prepared by an applicant, or their authorized representative,
						describing the need and recommendations for new, expanded, or upgraded
						wastewater facilities. The documents shall include a study of any
						socioeconomic, environmental, or other unique features. It shall include a
						forecast of planning area future conditions a detailed economic analysis for
						each principal alternative, and a description of the process, design flow,
						effluent limits, cost, and plan for implementation of the proposed wastewater
						treatment works.
C. The department
					 shall conduct a NEPA-type review of construction projects proposed for funding
					 through the CWSRF, if required. This review shall be conducted as early as
					 possible in project formulation to ensure that all projects comply with
					 applicable local, state, and federal laws, and departmental rules relating to
					 the protection and enhancement of the environment. Based upon the department's
					 review, it shall make a formal determination regarding the potential social and
					 environmental impacts of the proposed project. The determination shall include
					 any necessary mitigation measures as a condition of financial assistance. No
					 financial assistance shall be provided until a final environmental
					 determination has been made. Any public, private, or governmental entity shall
					 be allowed to seek any administrative or legal review provided by law from the
					 department determinations. Applicants to the CWSRF shall obtain guidance from
					 the department regarding the scope of the environmental review to be conducted,
					 and the environmental information the applicant is required to submit in
					 support of the proposed project. Applicants are strongly encouraged to consult
					 with the department in the early stage of project formulation. This
					 consultation is to determine whether a project is eligible to be categorically
					 excluded from a substantive environmental review, determine alternatives to the
					 proposed project for evaluation, and/or identify potential environmental issues
					 which may impact its application.
1. The
					 determinations that will apply to construction projects proposed to be
					 implemented include a determination to:
a.
					 issue a categorical exclusion (CE);
b. issue a finding of no significant impact
					 (FONSI); or
c. require an
					 environmental impact statement (EIS).