Section 365.530  State Environmental Review

a)         Prior to making a final determination on the acceptability of any facilities plan, the Agency shall undertake an environmental review.  The Agency may categorically exclude certain classes of projects from a detailed environmental review and public hearing requirement when, by virtue of their limited scope, the projects have no potential for negative environmental impacts.

b)         The Agency shall not begin its environmental review until it has determined that the facilities plan conforms to the requirements of Section 365.520 (Loan Applicant's Responsibilities During Facilities Planning) of this Subpart, and that, based on the information available, all reasonable measures have been taken in the planning to avoid and mitigate negative environmental impacts.

c)         The scope of the Agency's environmental review shall include, but not be limited to, an assessment of the impacts of both the loan funded project and the overall planning on rare and endangered species, historic and cultural resources, prime agricultural land, air and water quality, recreational areas, wetlands, floodplains and other sensitive environmental areas.  The review shall also assess the direct and indirect impacts of construction.

d)         For all projects requiring an environmental review, the Agency will assess the environmental impacts of the proposed project and prepare a written Preliminary Environmental Impacts Determination (PEID).  The public will be given an opportunity to comment on the facilities plan and the Agency's environmental impacts assessment.

e)         The PEID shall be mailed to the loan applicant and other interested parties, inviting public comment. The loan applicant shall hold a public hearing on the plan and the Agency's PEID for the purpose of obtaining public comment.  The public hearing will be held within 60 days after receipt of the Agency's PEID or within an alternate time period that is justified by the loan applicant and approved by the Agency.  The loan applicant shall allow an additional 15 days from the date of the public hearing for the submission of written comments from the public.

f)          The time and place of the public hearing shall be conspicuously and adequately announced at least 10 days before the hearing.  In addition, the Agency's PEID document shall be displayed at a convenient local site sufficiently prior to the hearing to obtain a level of public participation appropriate to the scope and impacts of the proposed project. 

g)         The loan applicant shall provide written notice of the public hearing to interested local, State and federal agencies, State and regional clearinghouses, citizen groups and local public officials.

h)         The loan applicant shall provide the Agency with an accurate summary of all public comments received, together with any proposed amendments to the plan made in response to these comments.

i)          Upon receipt of this public hearing summary and after the expiration of the 15 day written comment period, the Agency shall issue:

1)         An unconditional approval of the plan (original or as amended); or

2)         A conditional approval of the plan with special conditions; or

3)         A disapproval of the plan based on evidence of significant negative environmental impacts for which appropriate mitigative measures have not been identified; or

4)         A determination of the need for an Environmental Impact Statement (EIS) under the National Environmental Policy Act (42 USC 4332).  The Agency may change its disapproval to approval or conditional approval based on the recommendations of the EIS.

j)          For projects categorically excluded from the environmental review process, the Agency shall provide to the applicant a Notice of Intent to Issue a Categorical Exclusion.  The applicant shall conspicuously and adequately announce the Notice of Intent to Issue a Categorical Exclusion, provide public access to the planning documents and Agency Notice of Intent, and allow 15 days for public comment. If no valid objection is raised to the Categorical Exclusion, the Agency shall issue an unconditional approval of the facilities plan.  Should valid concerns be raised over potential environmental impacts, the Agency shall proceed with an environmental review under this Section 365.530 or issue a conditional approval where the applicant incorporates mitigative measures that would clearly resolve the environmental concerns.

k)         Agency approval of a facilities plan shall be valid for purposes of loan funding for a period of five years, after which time the plan  must be updated and resubmitted to the Agency for review and approval.  The Agency shall prepare a revised environmental review and provide an opportunity for public comment.

l)          At any time within 5 years from the date of facilities plan approval, the Agency may rescind its approval and require the planning to be amended, if there are changes to the scope of proposed construction or significant alterations to planning area conditions or underlying assumptions that might alter previous conclusions regarding environmental impacts or cost-effectiveness.  For projects where the amended planning would result in substantial changes in environmental or economic impacts, the Agency may require the applicant to provide an opportunity for public comment prior to granting approval of the amended plan.

m)        Additions to the project scope or changes to the location of proposed construction activity shall require an amendment to an approved facilities plan.  Where the Agency determines that the proposed changes will not alter the previous environmental impacts findings, it will approve planning amendments by letter.  In other cases, additional environmental review and public comment may be required.

n)         Agency facilities planning determinations made in accordance with subsection (i) of this Section shall be subject to the provisions of the Illinois Administrative Procedure Act [5 ILCS 100].

(Source:  Amended at 30 Ill. Reg. 15590, effective September 18, 2006)