[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Proposed Rules]
[Pages 13650-13651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6228]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 /
Proposed Rules
[[Page 13650]]
DEPARTMENT OF AGRICULTURE
Rural Housing and Community Development Service
Rural Business and Cooperative Development Service
Rural Utilities Service
Consolidated Farm Service Agency
7 CFR Part 1940
RIN 0575-AB64
Environmental Program
AGENCIES: Rural Housing and Community Development Service, Rural
Business and Cooperative Development Service, Rural Utilities Service,
and Consolidated Farm Service Agency, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agencies propose to revise their Environmental regulation.
This action is necessary to clarify the meaning of two existing
sections. The intended effect of this action is to reorganize and
supplement the existing sections to provide a better understanding of
the threshold criteria used to differentiate between Class I and Class
II environmental assessments.
DATES: Comments must be received on or before May 15, 1995.
ADDRESSES: Submit written comments in duplicate to the office of the
Chief, Regulations, Analysis, and Control Branch, Rural Economic and
Community Development, U.S. Department of Agriculture, Room 6348, South
Agriculture Building, 14th Street and Independence Avenue SW.,
Washington, D.C. 20250-0700.
FOR FURTHER INFORMATION CONTACT: Donald O. Lander, Senior Environmental
Protection Specialist, Environmental Support Branch, Program Support
Staff, Rural Housing and Community Development Service, U.S. Department
of Agriculture, Room 6309, South Agriculture Building, 14th Street and
Independence Avenue SW., Washington, D.C. 20250-0700; telephone (202)
720-9619.
SUPPLEMENTARY INFORMATION:
Classification
We are issuing this proposed rule in conformance with Executive
Order 12866, and the Office of Management and Budget (OMB) has
determined that it is a ``significant regulatory action''.
Intergovernmental Consultation
This rule affects the following Agency programs as listed in the
Catalog of Federal Domestic Assistance (CFDA):
10.434--Nonprofit National Corporations Loan and Grant Program
10.760--Water and Waste Disposal Systems for Rural Communities
10.761--Technical Assistance and Training Grants
10.762--Solid Waste Management Grants
10.763--Emergency Community Water Assistance Grants
10.766--Community Facilities Loans
10.767--Intermediary Relending Programs
10.768--Business and Industrial Loans
10.769--Rural Business Enterprise and Television Demonstration
Grants
10.770--Water and Waste Disposal Loans and Grants (Section 306C)
10.771--Rural Technology Development Grants
Executive Order 12372 requires intergovernmental consultation with
State and local officials. Of the FmHA programs affected by this rule,
the following are subject to the provisions of Executive Order 12372:
10.760, 10.763, 10.766, 10.767, 10.768, 10.769, 10.770, and 10.771.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
602), the undersigned has determined and certified by signature of this
document that this rule will not have a significant economic impact on
a substantial number of small entities since this rulemaking action
does not involve a new or expanded program. Therefore a regulatory
flexibility analysis was not prepared.
Civil Justice Reform
This document has been reviewed in accordance with Executive Order
12778. It is the determination of the Agencies that this action does
not unduly burden the Federal Court System in that it meets all
applicable standards provided in Section 2 of the Executive Order.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' The Agencies have determined that
this action does not constitute a major Federal action significantly
affecting the quality of the human environment, and in accordance with
the National Environmental Policy Act of 1969, Public Law 91-190, an
Environmental Impact Statement is not required.
Paperwork Reduction Act
The information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of 44 U.S.C. Chapter 35 and has been
assigned OMB control number 0575-0094 in accordance with the Paperwork
Reduction Act of 1980 (44 U.S.C. 3507). This proposed rule does not
revise or impose any new information collection or recordkeeping
requirement from those approved by OMB.
Background
Section 1940.311 describes certain threshold criteria for projects
which may complete an environmental review using the format for a Class
I environmental assessment.
In Sec. 1940.311(b)(1)(i) there has been confusion as to what
constitutes a ``substantial increase'' relating to a withdrawal or
discharge. This confusion has resulted in the unnecessary completion of
Class II environmental assessments for some utility projects.
The regulation will be revised to clarify this section by
distinguishing between discharges and withdrawals, and to provide
guidance relating to substantial increases.
In Sec. 1940.311(b)(1)(ii) there has been confusion about
interpreting the withdrawal rate to achieve a 50,000 gallon per day
withdrawal from surface or groundwater for a new withdrawal facility. A
common engineering practice is to design the pumping facility to
achieve the average daily withdrawal in less than a 24 hour period to
provide an adequate safety factor. However, some loan officials
calculate the withdrawal based on pumping the source including any
backup source on a 24 hour basis. This results in completion of a
higher level of environmental review than is required. [[Page 13651]]
The regulation is proposed to be revised to clarify this section by
changing the unit of measurement from gallons per day, to an equivalent
population served. This will eliminate the confusion, and should not
result in a change to the threshold as the present threshold of 50,000
gallons per day for a new withdrawal is based on EPA's definition of
Very Small Water Systems, ``systems serving up to 500 people.'' Based
on an average daily demand of 100 gallons per day per capita, the
average daily withdrawal for very small systems will be 50,000 gallons
per day.
To be consistent, the equivalent population will also be used for
discharges.
Section 1940.311(b)(1)(v) will also be revised to remove the
apparent conflict created by the revision to Sec. 1940.311(b)(1)(ii).
In Sec. 1940.311(b)(2) there has been confusion about the number of
beds which may be added to an existing facility. This confusion has
resulted in the unnecessary completion of Class II environmental
assessments for some essential community facility projects.
The regulation is proposed to be revised to clarify this section by
separately specifying the number of beds for new and existing projects.
In Sec. 1940.311(b)(3)(iii) there has been confusion about whether
medical waste is considered to be a hazardous waste. This confusion has
resulted in the unnecessary completion of Class II environmental
assessments for some essential community facility projects.
The regulation is proposed to be revised to clarify this section by
adding a new section that will deal specifically with medical wastes.
List of Subjects in 7 CFR Part 1940
Endangered and threatened wildlife, Environmental protection,
Floodplains, National wild and scenic river system, Natural resources,
Recreation, Water supply.
Accordingly, the Agencies propose to amend Chapter XVIII, Title 7,
Code of Federal Regulations as follows.
PART 1940--GENERAL
1. The authority citation for part 1940 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23 and 2.70.
Subpart G--Environmental Program
2. Section 1940.311 is amended by redesignating paragraph
(b)(3)(iii) as (b)(3)(iv); revising paragraphs (b)(1)(i), (b)(1)(ii),
(b))(1)(v), and (b)(2); and adding a new paragraph (b)(3)(iii) to read
as follows:
Sec. 1940.311 Environmental assessments for Class I actions.
* * * * *
(b) * * *
(1) * * *
(i) For existing Systems, there will not be either:
(A) A substantial increase in the volume of an existing discharge
or the loading of pollutants from an existing or expanded sewage
treatment facilities, or
(B) A substantial increase in an existing withdrawal from surface
or ground waters.
(C) The existence of a substantial increase will depend on the
particulars of the situation under consideration. Each proposal should
be examined for the possibility of a substantial increase in discharge
or withdrawal. A substantial increase may or may not be determined by
such factors as: evidence of a large increase in pump or pipe size,
other evidence of a large increase in hydraulic capacity, or the need
for a new or amended discharge or withdrawal permit. Whatever factors
are considered, the rationale behind the decision should be documented
as part of the Class I assessment.
(ii) For all systems (existing and new), there will not be either:
(A) A new discharge to surface or ground waters, such that the
additional design capacity of the facility exceeds the average daily
discharge of an equivalent population of 500 persons, or
(B) A new withdrawal from surface or ground waters such that the
additional design capacity of the facility exceeds the demand needed to
serve an equivalent population of 500 persons, and
(C) The potential water quality impacts are analyzed and documented
in the manner required for a Class II assessment and attached as an
exhibit to the Class I assessment.
(D) A new well solely to provide ``backup'' capacity, required by a
State regulatory agency or standard engineering practice, is not
considered a new withdrawal.
* * * * *
(v) For a proposed expansion of a sewage treatment or water supply
facility, such expansion would serve an equivalent population that is
no more than 20 percent or 500 persons (whichever is the larger)
greater than the existing population.
* * * * *
(2) Financial assistance for existing group homes, detention
facilities, nursing homes, or hospitals that add no more than 25 beds
or increase the number of beds by no more than 25 percent, whichever is
greater, or new facilities of not more than 25 beds.
(3) * * *
(iii) Do not produce infectious, medical, biological, or special
medical wastes (including radiological waste of medical origin) that
would exceed small quantity generator limits as established by the
appropriate regulatory agency, and provided the facility's management
plan is reviewed to ensure compliance with the regulatory agency
requirements. The management plan should include standard operating
procedures for notification, permitting, and recordkeeping requirements
as well as handling, storage, packaging, and disposal of infectious
waste materials. Documentation of the compliance review must be
attached as an exhibit to the Class I assessment.
* * * * *
Dated: February 27, 1995.
Michael V. Dunn
Acting Under Secretary for Rural Economic and Community Development.
[FR Doc. 95-6228 Filed 3-13-95; 8:45 am]
BILLING CODE 3410-17-U
