Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.12 - State Environmental Review Process

Current through June 14, 2024
A. General Process
				  and Background
1. This State Environmental
				  Review Process (SERP) addresses compliance with the National Environmental
				  Policy Act [NEPA], a requirement of the Clean Water Act [CWA] for all projects
				  funded with the federal portion of the Rhode Island SRF Program. Further,
				  environmental review for natural resources inventories and consistency with the
				  State Guide Plan (SGP) is required for all projects funded by the state portion
				  of the SRF Program. The Rhode Island Comprehensive Planning and Land Use
				  Regulation Act [R.I. Gen. Laws Chapter 45-22.2] requires not only coordination
				  and consistency between state and local planning programs in the development of
				  the Community Comprehensive Plan (CCP), but also consideration of environmental
				  conditions during planning similar in many respects to NEPA.
2. To be eligible for funding by the SRF,
				  projects must be identified in or consistent with the goals, policies, and
				  objectives of the State of Rhode Island as expressed in the SGP and adopted
				  elements thereof. All projects funded by the SRF must also be consistent with
				  or identified in plans approved pursuant to the requirements of Sections 201,
				  319, or 320 of the federal Clean Water Act. Section 201 requires a Wastewater
				  Facilities Plan (WWFP), a plan which assesses wastewater conveyance, treatment,
				  and disposal needs for a twenty year planning period. The projects identified
				  for implementation in the approved plan are called Section 212 projects. The
				  Section 319 plan is "Rhode Island's Nonpoint Source (NPS) Management Plan", a
				  plan which identifies projects to mitigate adverse water quality impacts from
				  sources of pollution other than point sources. The Section 320 plan is the
				  "Comprehensive Conservation and Management Plan (CCMP) for Narragansett Bay", a
				  plan which identifies projects, objectives, and strategies for mitigation of
				  pollutant loadings to the Narragansett Bay watershed. This plan has also been
				  adopted as State Guide Plan Element 715.
3. All WWFPs or WWFP Updates funded by the
				  SRF Program must meet the full federal environmental review requirements. This
				  is necessary because the SRF Program contains both federal and state funds; to
				  insure compliance with environmental consideration and planning consistency
				  requirements under state law; to insure that design and construction projects
				  are eligible for SRF Program loans; and to provide sufficient planning data to
				  properly and efficiently manage the SRF Program for maximum benefit to the
				  state. The environmental review requirements for most Section 319 and Section
				  320 projects are satisfied when they are identified in or consistent with
				  either the NPS Plan or the CCMP, respectively. Certain Section 319 and 320
				  projects with Section 212 attributes may be subject to additional environmental
				  review requirements.
4. All WWFPs
				  or WWFP Updates funded by the SRF Program must contain at least an
				  Environmental Assessment (EA). The EA will analyze and evaluate the impacts on
				  the environment of all alternatives considered to address the existing and
				  forecasted needs identified through the WWFP process. All planning assumptions
				  and forecasts used in the WWFP must be consistent with those used to develop
				  the CCP of the local governmental unit. If significant impacts are identified
				  with the selected alternative, further analysis and evaluation will be required
				  in an Environmental Impact Statement (EIS). Mitigation measures for impacts
				  from the Section 212 project contracts identified in the WWFP will be contained
				  in any Categorical Exclusion (CE), Finding Of No Significant Impact (FONSI), or
				  Record Of Decision (ROD) issued by DEM. Mitigation measures will also be
				  conditions in the Certificates of Approval for design or construction loans, as
				  appropriate. Monitoring compliance or progress toward complying with mitigation
				  measures will be part of the DEM SRF project inspections.
5. To fund Section 212 projects that are
				  identified in a WWFP for which the environmental determination (CE, FONSI, or
				  ROD) is greater than five years old, the information and the environmental
				  review findings of the WWFP must be reaffirmed for the projects to be eligible
				  for SRF Program funding. The reaffirmation process requires examination of the
				  current need for, cost of, and environmental impact of already studied
				  projects. If there are no significant changes from the prior WWFP or
				  environmental review, DEM may then approve the reaffirmation request.
6. In general, Categorical Exclusions for
				  projects should be identified through the wastewater facilities planning
				  process (i.e. WWFPs or WWFP Update). The need for a project, however, prior to
				  being identified in an approved WWFP must be demonstrated and must have no
				  significant environmental impacts. Requests for a CE for projects may be made
				  directly to DEM for approval prior to applying for an SRF loan. DEM will not
				  approve any CE requests that result in an increase in average daily design flow
				  or a change in treatment method.