Unless specifically defined differently within this subchapter,
the following terms and acronyms, used in this subchapter, mean:
(1) Affected community--A community potentially impacted
by the proposed project.
(2) Categorical Exclusion (CE)--An environmental finding
issued by the Board for projects that would not individually or cumulatively
have a significant adverse effect on the human environment and for
which, therefore, the Applicant is not required to prepare an Environmental
Information Document or an Environmental Impact Statement.
(3) Emergency Relief Project--An infrastructure construction
project that provides relief to an entity experiencing an emergency
condition or incident that causes an imminent peril to public health,
safety, environment, or welfare, including natural disasters and any
other emergency condition as described in an IUP.
(4) Environmental Assessment--A public document prepared
by the executive administrator for projects that may result in adverse
environmental impacts where the significance of those impacts is not
known. The Environmental Assessment, based primarily on the Environmental
Information Document, must provide sufficient evidence and analysis
to determine whether to prepare a Finding of No Significant Impact
or an Environmental Impact Statement.
(5) Environmental Impact Statement (EIS)--A detailed
written statement prepared by a third-party contractor, in close coordination
with the executive administrator, that analyzes environmental impacts
of project alternatives for projects with significant adverse impacts
on the quality of the human environment. An EIS is required for projects
that do not qualify for a Finding of No Significant Impact. An EIS
provides the most comprehensive and detailed information about potential
environmental impacts and mitigation required to comply with the NEPA.
It is the basis for the Record of Decision issued by the Board.
(6) Environmental Information Document (EID)--A written
analysis prepared by the Applicant that provides sufficient information,
including appropriate regulatory agency correspondence and public
participation documentation, for the executive administrator to undertake
an environmental review and determine if the project qualifies for
a Finding of No Significant Impact or if an Environmental Impact Statement
will be required. An EID is not always necessary to determine if the
project will require preparation of an EIS.
(7) Federal Environmental Cross-cutters--Federal environmental
statutes, laws and Executive Orders that apply to projects and activities
with a federal nexus, including the receipt of federal financial assistance.
(8) Finding of No Significant Impact (FONSI)--An environmental
finding issued by the Board when the environmental assessment prepared
for the project supports the determination that the project will not
have a significant adverse effect on the human environment and therefore,
does not require the preparation of an environmental impact statement.
(9) Human environment--The natural and physical environment
and the relationship of people with that environment.
(10) Indian tribes--Federally recognized Indian tribes.
(11) Mitigation--
(A) avoiding the impact altogether by not taking a
certain action or parts of an action;
(B) minimizing the impact by limiting the degree or
magnitude of the action and its implementation;
(C) rectifying the impact by repairing, rehabilitating,
or restoring the affected environment;
(D) reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the project;
and
(E) compensating for the impact by replacing or providing
substitute resources or environments.
(12) NEPA--The Federal National Environmental Policy
Act, 42 U.S.C. § 4321 et seq.
(13) Record of Decision (ROD)--An environmental finding
issued by the Board that identifies the selected project alternative,
presents the basis for the decision, identifies all the alternatives
considered, specifies the environmentally preferable alternative,
and provides information on the adopted means to mitigate for environmental
impacts. The ROD is based on the conclusions of the EIS.
(14) Statement of Finding (SOF)--An environmental finding
issued by the Board to correct, clarify, modify, or adopt a previous
environmental finding issued by the Board or other agency.
|
Source Note: The provisions of this §375.60 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869 |