Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 230 - RULES RELATING TO DRINKING WATER STATE REVOLVING LOAN FUND › Section 144-230-6 - Environmental Review for Equivalency Projects

Current through 2024-29, July 17, 2024
a.
General. As required by the
				Provisions of the Act
DHHS will conduct an interdisciplinary environmental review
				  of equivalency projects proposed for funding through the Fund. This NEPA
				  (National Environmental Protection Act) - like review will ensure that the
				  Project will comply with the applicable local, State and federal laws, relating
				  to the protection, restoration and enhancement of the environment. The review
				  will include provisions for public participation and consideration of the
				  immediate and long-term individual and cumulative effects of the Project. Based
				  upon DHHS staff (the Staff) review and consideration of public comments,
				  including local, State and federal agency comments, DHHS will make a formal
				  determination regarding the potential social and environmental impacts of the
				  proposed Project. If necessary, the determinations of DHHS will
				  includemitigative provisions as a condition to the provision of financial
				  assistance for construction. No financial assistance will be provided until a
				  final environmental determination has been made by DHHS, or a previous
				  determination made by DHHS has been accepted (see subsection (d) (I) of this
				  section). DHHS may concur with an environmental determination that is based on
				  a NEPA or NEPA-like review issued by another State or federal agency.
b.
Early review and
				coordination
During the planning stage for a Project potential applicants
				  to the Fund should obtain guidance from the Staff regarding the scope of the
				  environmental review to be conducted. This will allow for early involvement and
				  consultation with multiple funding and review agencies. Early identification of
				  the agencies with potential environmental issues of concern will allow for
				  concurrent rather than consecutive reviews of the Project and allow the focus
				  of study and review to concentrate on those issues. Early identification of
				  areas of concern will minimize delays due to incorporating measures to
				  eliminate or mitigate the concern. Early coordination will also allow the
				  involved agencies to coordinate public notice and hearing requirements when
				  practicable. Environmental documentation may be generated simultaneously with
				  preliminary engineering reports and/or other planning documents allowing for
				  integrated circulation and review of the documents.
c.
Basic Environmental
				Determinations
There are three basic environmental determinations that will
				  apply to Projects proposed to be implemented with assistance from the Fund.
				  They are: (1) a determination to categorically exclude (CE) a Project from a
				  formal environmental review, (2) a finding of no significant impact (FNSI)
				  based upon a formal environmental review supported by an environmental
				  information document (EID) and, (3) a determination to require the preparation
				  of an environmental impact statement (EIS), after which a determination to
				  provide or not to provide financial assistance will be included in the EIS
				  record of decision (ROD).
I. For the
				purposes of making an environmental determination, no significant environmental
				impact means:
AA. State ambient air quality
				standards and State emissions standards are met;
BB. The State classification of nearby, or
				adjacent, surface water bodies is not affected;
CC. Ground water quality for the area is not
				degraded, nor are off-site wells or other protected natural resources at risk
				due to taking of water from the ground water source;
DD. The preservation of any site recognized
				as historic on the National Register of Historic Places and/or the Maine
				Historic Resource Inventory is not affected;
EE. Threatened or endangered species, and/or
				their habitats, are not affected;
FF. Environmentally sensitive areas such as,
				but not limited to, wetlands, fragile mountain areas, floodplains, coastal
				zones, coastal dunes, coastal barrier islands, wild and scenic rivers, and
				important farmlands, identified by State and Federal environmental authorities,
				are not affected;
GG. Local noise
				levels are not changed; and
HH.
				Other parameters which may be designated by DHHS, as required.
When evaluating the above parameters, the criteria and
				  considerations established in Chapter 375 Site Location of Development
				  Regulations of the State of Maine Department of Environmental Protection will
				  be utilized. Guidance for application and definition of terms used in
				  evaluation of social and natural environmental impacts will be taken from the
				  Council on Environmental Quality (CEQ) regulations, guidance and "Question and
				  Answer" documents.