Environmental Review

IDAHO ADMINISTRATIVE CODE IDAPA 58.01.12 – Rules for Administration of Department of Environmental Quality Wastewater & Drinking Water Loan Funds Section 042 Page 15 01. Environmental Documentation. Guidance on how to complete an environmental review is found in the Handbook. For eligible projects, the loan recipient must complete an environmental review. Projects funded exclusively as nonpoint or estuary management projects may not be required to complete an environmental review. The loan recipient must consult with the Department at an early stage in the loan application process to determine the necessary level of environmental review. Based on review of existing information, and assessment of environmental impacts, the loan recipient must complete one (1) of the following per the Department’s instruction: (7-1-26) a. Categorical Exclusion (CE) with supporting backup documentation as specified by the Department; (7-1-26) b. Environmental Information Document (EID) in a format specified by the Department; or (7-1-26) c. Environmental Impact Statement (EIS) in a format specified by the Department. (7-1-26) 02. CE. The Department will take one (1) of the following actions: (7-1-26) a. Determine if the action is consistent with categories eligible for exclusion whereupon the Department will issue a notice of CE from substantive environmental review. Once the CE is granted for the selected alternative(s), the Department will publish a notice of CE in a local newspaper in the geographical area of the proposed project to inform the public of this action, following which the planning document can be approved and the loan award can proceed; or (7-1-26) b. Determine if the action is not consistent with categories eligible for exclusion and that issuance of a CE is not appropriate. If a CE is not issued, the Department will notify the loan recipient to prepare an EID. (3-24-22) 03. EID. When an EID is required, the loan recipient must prepare the EID in accordance with the following: (7-1-26) a. Various laws and executive orders related to environmentally sensitive resources must be considered as the EID is prepared and appropriate state and federal agencies consulted regarding these laws and executive orders; (7-1-26) b. A full range of relevant impacts, both direct and indirect, of the proposed project must be discussed in the EID, including measures to mitigate adverse impacts, cumulative impacts, and impacts that will cause irreversible or irretrievable commitment of resources; and (7-1-26) c. The Department will review the draft EID and either request additional information about one (1) or more potential impacts or draft a “finding of no significant impact” (FONSI). (7-1-26) 04. FONSI. The Department will publish the draft FONSI in a local newspaper in the geographical area of the proposed project and will allow a minimum thirty (30) day public comment period. Following the required period of public review and comment, and after any public concerns about project impacts are addressed, the FONSI will become final. The Department will assess the effectiveness and feasibility of the mitigation measures identified in the FONSI and EID prior to the issuance of the final FONSI. (7-1-26) 05. EIS. If an EIS is required, the loan recipient must: (7-1-26) a. Consult with all affected federal and state agencies, and other interested parties, to determine the required scope of the document; (3-24-22) b. Prepare and submit a draft EIS to all interested agencies, and other interested parties, for review and comment; (3-24-22) c. Conduct a public meeting which may be in conjunction with a planning document meeting; and (3-24-22) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.12 – Rules for Administration of Department of Environmental Quality Wastewater & Drinking Water Loan Funds Section 050 Page 16 d. Prepare and submit a final EIS incorporating all agency and public input for Department review and approval. (3-24-22) 06. Final EIS. Upon completion of the EIS by the loan recipient and approval by the Department of all requirements listed in Section 042, the Department will issue a record of decision, documenting the mitigation measures to be required of the loan recipient. The loan agreement can be completed once the final EIS has been approved by the Department. (3-24-22) 07. Partitioning the Environmental Review. Under certain circumstances, the building of a component/partition of a system may be justified in advance of all environmental review requirements for the remainder of the system. The Department will approve partitioning the environment review in accordance with established procedures. (7-1-26) 08. Use of Environmental Reviews Conducted by Other Agencies. If environmental review for the project has been conducted by another state, federal, or local agency, the Department may, at its discretion, issue its own determination by adopting the document and public participation process of the other agency. (3-24-22) 09. Validity of Review. Environmental reviews, once completed by the Department, are valid for five (5) years from the date of completion. If a loan application is received for a project with an environmental review which is more than five (5) years old, the Department will reevaluate the project, environmental conditions and public views and will: (3-24-22) a. Reaffirm the earlier decision; or (3-24-22) b. Request supplemental information to the earlier EIS, EID, or request for CE. Based upon a review of the updated document, the Department will issue and distribute a revised notice of CE, FONSI, or record of decision. (7-1-26) 10. Exemption From Review. Loan projects may be exempt from certain federal crosscutting authorities at the discretion of the Department as long as in any given year the annual amount of loans, equal to the most recent federal capitalization grant, complies with all of the federal crosscutting authorities. (3-24-22) 043. – 049. (RESERVED)