Section 18 AAC 76.040 - Environmental review(a) The applicant shall consult with the department during facility planning to determine the required level of environmental review. The department will notify the applicant of the type of environmental documentation that will be required, if any. If required by the department, the applicant shall (1) submit a request for categorical exclusion, with supporting documentation as specified by the department;(2) prepare an environmental information document in a format specified by the department; or(3) prepare an environmental impact statement in a format specified by the department.(b) If an applicant requests a categorical exclusion, the department will review the request and, based upon documentation submitted by the applicant, the department will notify the applicant that (1) the project qualifies for a categorical exclusion;(2) the applicant must prepare an environmental information document; or(3) the applicant must prepare an environmental impact statement.(c) If an environmental information document is required, the department will (1) conduct an environmental assessment based upon the applicant's environmental information document and issue (A) a draft Finding of No Significant Impact; or(B) a notice of need to prepare an environmental impact statement; and(2) provide a 30-day public comment period after public notice, and(A) if negative impacts are identified, reassess the project to determine whether an environmental impact statement will be required; or(B) if no new information is received during the public comment period that would require a reassessment, issue a final Finding of No Significant Impact.(d) If an environmental impact statement is required, the applicant shall (1) contact all affected state agencies to determine the required scope of the document;(2) prepare and submit a draft environmental impact statement to all affected state agencies for review and comment;(3) conduct a public hearing; and(4) prepare and submit a final environmental impact statement, incorporating all state agency and public comments, for review and approval by the department.(e) After completion by the applicant, and approval by the department, of all requirements listed in (d) of this section, the department will issue a Record of Decision documenting the mitigation measures to be required of the applicant. The financial assistance agreement will be conditioned upon those mitigation measures.(f) If a federal environmental review of the project has been conducted, the department will, in its discretion, adopt all or part of the federal agency's documentation.(g) An environmental determination under this section is valid for five years. If a financial assistance application is received for a project with an environmental determination more than five years old, or if conditions have changed significantly since the last determination, the department will reevaluate the project, environmental conditions, and public views and will(1) reaffirm the earlier decision; or(2) require supplemental information to the earlier environmental impact statement, environmental information document, or request for categorical exclusion; based upon a review of the updated document, the department will (A) issue and distribute a revised notice of categorical exclusion, Finding of No Significant Impact, or Record of Decision; or(B) reaffirm its earlier decision.Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 3/14/2002, Register 161Authority:AS 46.03.020
AS 46.03.032
AS 46.03.720