OAR 333-061-0063
Environmental Review Process for The Safe Drinking Water Revolving Loan Fund Program

(1)

This rule provides for environmental review of actions that are funded through the Safe Drinking Water Revolving Loan Fund (SDWRLF). This rule is applied in a manner that is consistent with 40 CFR Part 6, Subpart E and related subparts (July 1, 1997). An applicant for funding from the SDWRLF shall consult with the Authority at an early stage in the preparation of an application to determine the required level of environmental review. Based on review of existing information, the Authority shall assess the potential environmental effects of the proposed action and shall instruct the applicant either to:

(a)

Submit a request for a categorical exclusion in a format specified by the Authority;

(b)

Prepare and submit an environmental information document (EID) in a format specified by the Authority; or

(c)

Prepare and submit an environmental impact report (EIR) in a format specified by the Authority.

(2)

Categorical exclusions:

(a)

Categorical exclusions are categories of actions proposed for funding from the SDWRLF, which do not individually, cumulatively over time, or in conjunction with other actions, have a significant effect on the quality of the human environment, and have been identified by the Authority as having no such effect. Such actions may be excluded by the Authority from further environmental review requirements if the information provided by the water supplier and any additional information before the Authority does not identify any environmental effects of the action that warrant additional environmental review by the Authority. The following actions may be categorically excluded by the Authority:

(A)

Actions solely directed toward minor rehabilitation of existing facilities, functional replacement of equipment, or toward the construction of new ancillary facilities adjacent or appurtenant to existing facilities;

(B)

Actions in sewered communities with a population of 10,000, or less, which are for minor upgrading or minor expansion of existing drinking water systems. This category does not include actions that directly or indirectly involve new drinking water sources, or the extension of new water distribution systems;

(C)

Actions in unsewered communities with a population of 10,000 or less, that do not include the development of new drinking water sources, and that will not result in any increase in or change to the rate, nature or location of water diversion or discharge to surface water.

(b)

In addition to the criteria set forth in subsection (a) of this rule, categorical exclusions will not be granted if the proposed action meets the criteria for not granting such exclusions in 40 CFR 6.107(e) or 6.505(c) (July 1, 1997). In addition, in order to qualify for a categorical exclusion, the action must be compatible with applicable acknowledged comprehensive plans and land use regulations, which must be documented according to the requirements of OAR 333-061-0062 (Land Use Coordination)(5) and (7).

(c)

A categorical exclusion may be revoked by the Authority and an environmental review required if the proposed action no longer meets the requirements for a categorical exclusion due to changes in the proposed action, or if the Authority determines from new information that significant environmental effects may result from the proposed action.

(d)

If a categorical exclusion is granted, and a notice of the exclusion has been published in a newspaper of general circulation in the geographical area of the proposed action, the action can proceed.

(3)

Environmental review process:

(a)

When issuance of a categorical exclusion is not appropriate, the applicant shall prepare an EID or an EIR, as required by the Authority. The EID or EIR shall consider practicable alternatives to the proposed action (including a no-action alternative), as well as the proposed action.

(b)

The EIR or EID shall contain an evaluation of applicable laws relating to significant environmental resources that may be affected by the proposed action and alternatives to the proposed action. The applicant shall consult with appropriate federal, state and local agencies regarding such laws.

(c)

The EIR or EID shall consider a full range of relevant impacts (both direct and indirect, and current and future impacts) of the proposed action and alternatives to the proposed action, including measures to mitigate adverse impacts, cumulative impacts, and impacts that cause irreversible or irretrievable commitment of resources.

(d)

If the Authority requires an EID, the applicant shall prepare and the Authority shall review a draft EID. Following its review, the Authority shall either request additional information regarding potential impacts of the proposed action, or shall accept the EID as final. Once the Authority accepts the EID, the Authority shall prepare an environment assessment (EA) of the proposed action based on the EID and any other supplemental information deemed necessary by the Authority. Based on the EA and any measures to mitigate or eliminate adverse effects of the proposed action on the environment (which measures shall be included as a condition of any loan award as set forth in section (4) of this rule), the Authority will either prepare and issue a Finding of No Significant Impact (FNSI) or require the preparation of an EIR under subsection (3)(e) of this rule. In determining whether to issue a FNSI, the Authority shall apply the criteria set forth in 40 CFR 6.509, 6.108(a) and 6.108 (c through g) (July 1, 1997). If the Authority determines to issue a FNSI, notice of the FNSI shall be published in a newspaper of general circulation in the geographical area of the proposed action. Following a period of at least thirty (30) days after publication of the notice, and after any public concerns about the impacts of the proposed action are resolved to the extent determined to be appropriate by the Authority, the Authority may issue a final FNSI, and the action can proceed.

(e)

If the Authority requires an EIR:

(A)

The applicant shall conduct a duly noticed public meeting regarding the proposed action, which may be combined with other public hearings or meetings regarding the proposed action;

(B)

The applicant shall prepare and submit a draft EIR to all interested agencies and persons, for review and comment;

(C)

The applicant shall prepare and submit a final EIR that responds to agency and public comments for Authority review and decision;

(D)

The Authority, following its review of the EIR, shall determine whether the action may proceed. In the event the Authority determines the action may proceed following completion of an EIR, it shall specify in writing what mitigation measures, if any, are to be required.

(4)

In the event the Authority determines the action may proceed following preparation of an EID or an EIR, the Authority shall ensure that mitigation measures identified in its review as required for the issuance of a FNSI or otherwise, are implemented. This may be done by incorporating such measures as conditions of any loan agreement, or otherwise as the Authority determines will best ensure their completion in a timely manner.

(5)

Under appropriate circumstances, the Authority may allow the partitioning of environmental review such that the environmental review will be required for only a component/portion of a planned system instead of completing an environmental review for the remainder of the system(s). In determining whether to approve partitioning of environmental review, the Authority shall consider 40 CFR Section 6.507 (July 1, 1997).

(6)

Waiver; validity:

(a)

If environmental review for the proposed action has already been conducted by another government agency, the Authority may, in its discretion, waive the requirements of this rule.

(b)

Environmental reviews may be valid for up to five years. If a loan application is received for an action with an environmental review that is more than five years old, the Authority shall require a new or supplemental environmental review in accordance with these rules.
[Publications: Publications referenced are available from the agency.]

Source: Rule 333-061-0063 — Environmental Review Process for The Safe Drinking Water Revolving Loan Fund Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-061-0063.

333‑061‑0005
Purpose 333‑061‑0010
Scope 333‑061‑0015
Adoption by Reference 333‑061‑0020
Definitions 333‑061‑0025
Responsibilities of Water Suppliers 333‑061‑0030
Maximum Contaminant Levels and Action Levels 333‑061‑0031
Maximum Residual Disinfectant Levels 333‑061‑0032
Treatment Requirements and Performance Standards for Surface Water, Groundwater Under Direct Influence of Surface Water, and Groundwater 333‑061‑0034
Treatment Requirements and Performance Standards for Corrosion Control 333‑061‑0036
Sampling and Analytical Requirements 333‑061‑0040
Reporting and Record Keeping 333‑061‑0042
Public Notice 333‑061‑0043
Consumer Confidence Reports 333‑061‑0045
Variances 333‑061‑0046
Permits 333‑061‑0050
Construction Standards 333‑061‑0055
Waivers from Construction Standards 333‑061‑0057
Voluntary Drinking Water Protection Program 333‑061‑0060
Plan Submission and Review Requirements 333‑061‑0061
Capacity Requirements for Public Water Systems 333‑061‑0062
Land Use Coordination 333‑061‑0063
Environmental Review Process for The Safe Drinking Water Revolving Loan Fund Program 333‑061‑0064
Emergency Response Plan Requirements 333‑061‑0065
Operation and Maintenance 333‑061‑0070
Cross Connection Control Requirements 333‑061‑0071
Backflow Prevention Assembly Installation and Operation Standards 333‑061‑0072
Backflow Assembly Tester Certification 333‑061‑0073
Cross Connection Specialist Certification 333‑061‑0074
Cross Connection Training Programs, Course, and Instructor Requirements 333‑061‑0075
Sanitary Surveys of Watersheds 333‑061‑0076
Sanitary Surveys 333‑061‑0077
Composite Correction Program & Comprehensive Performance Evaluations 333‑061‑0078
Coliform Investigations 333‑061‑0080
Role of Counties 333‑061‑0085
Supplemental Fluoridation 333‑061‑0087
Product Acceptability Criteria 333‑061‑0089
Annual Water System Fee 333‑061‑0090
Penalties 333‑061‑0095
Severability 333‑061‑0097
Adverse Health Effects Language 333‑061‑0098
References 333‑061‑0210
Operator Certification: Scope 333‑061‑0220
Classification of Water Treatment Plants and Water Distribution Systems 333‑061‑0225
General Requirements Applying to Water Suppliers and Water Systems 333‑061‑0228
Certification Requirements for Small Water System Operators 333‑061‑0230
Contracting For Services 333‑061‑0232
General Requirements Applying to Water System Operators 333‑061‑0235
Operator Certification Requirements, Levels 1–4 333‑061‑0245
Applications for Certification Levels 1–4 333‑061‑0250
Examinations for Certification, Levels 1–4 333‑061‑0260
Certificate Renewal Levels 1–4 333‑061‑0265
Fees 333‑061‑0270
Refusal, Suspension, or Revocation of Certification 333‑061‑0272
Suspension of Certification 333‑061‑0305
Domestic Well Program: Purpose 333‑061‑0310
Scope 333‑061‑0324
Area of Public Health Concern 333‑061‑0325
Domestic Well Tests 333‑061‑0330
Accredited Laboratories 333‑061‑0335
Sample Collection 333‑061‑0400
Reducing Lead in School Drinking Water 333‑061‑0510
Applicability of Cyanotoxin Rules 333‑061‑0520
Definitions 333‑061‑0530
Health Advisory Levels 333‑061‑0540
Cyanotoxin Monitoring 333‑061‑0550
Analytical Methods 333‑061‑0560
Reporting 333‑061‑0570
Public Notification 333‑061‑0580
Record Keeping
Last Updated

Jun. 8, 2021

Rule 333-061-0063’s source at or​.us