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RULE §2.305Coordination during Environmental Review Process

(a) Applicability. This section specifies when TxDOT shall coordinate a transportation project with TCEQ. TxDOT may elect to coordinate with TCEQ concerning other transportation projects that this MOU does not require to be coordinated.

  (1) Not applicable. This MOU does not apply to a project that TxDOT classifies as a categorical exclusion under §2.81 of this chapter (relating to Categorical Exclusions) and TxDOT is not required to coordinate such projects with TCEQ.

  (2) Applicable. TxDOT will coordinate with TCEQ on transportation projects that require environmental impact statements, supplemental environmental impact statements, and environmental assessments as defined in §2.5 of this chapter, in the manner described in subsection (b) of this section.

  (3) Reevaluations. If TxDOT prepares a written reevaluation for an EIS or EA level transportation project under §2.85 of this chapter (relating to Reevaluations), TxDOT shall coordinate the reevaluation with TCEQ if the earlier coordination concerning the project is no longer valid as a result of changes in the project.

(b) Coordination Process.

  (1) TxDOT will submit a notice of availability for each draft environmental impact statement, supplemental environmental impact statement, and environmental assessment pursuant to §2.108 (relating to Notice of Availability) to the e-mail address specified by TCEQ in writing.

  (2) If required by the applicable sections, a notice of availability submitted to TCEQ pursuant to this section will include notice of an opportunity for public hearing as provided by §2.106 (relating to Opportunity for Public Hearing) or notice of a public hearing as provided by §2.107 (relating to Public Hearing).

  (3) TxDOT shall ensure that each review document for which TCEQ receives notice under paragraph (1) of this subsection meets the following criteria.

    (A) Air quality. The review document shall indicate whether the project adds capacity in a nonattainment or maintenance area for one or more federal Clean Air Act National Ambient Air Quality Standards.

    (B) Water resources. The review document shall include:

      (i) The location of the project in the watershed, segment name, segment number, and the assessment unit number. The review document shall also provide:

        (I) information identifying the associated activities which will be implemented, operated, and maintained in a manner that is consistent with an approved TMDL or approved I-Plan when the project is located within five miles of, and within the watershed of, an impaired assessment unit under Section 303(d) of the federal Clean Water Act; and

        (II) information describing the process for compliance, when applicable, with the Texas Pollutant Discharge Elimination System (TPDES) program and the TCEQ's Water Quality Certification Program under Section 401 of the CWA.

      (ii) Whether the transportation project will require Tier II individual Clean Water Act Section 401 certification under procedures defined in the most recent version of the memorandum of agreement between the U.S. Army Corps of Engineers and TCEQ.

      (iii) For a transportation project located in the recharge, transition, or contributing zones of the Edwards Aquifer, pursuant to 30 TAC Chapter 213, Subchapters A and B (relating to Edwards Aquifer), the location of the project within the Edwards Aquifer and a statement that the proposed project and associated activities shall be implemented, operated, and maintained in a manner that complies with the Edwards Aquifer rules and any applicable TCEQ guidance documents in effect to implement the rules.

  (4) TCEQ shall have a minimum period of 30 days, from the date of receipt, to review the draft environmental impact statement, supplemental environmental impact statement, or environmental assessment and provide written comments. Before the deadline for review, TCEQ may, if necessary, notify TxDOT that it is extending the review period for no more than 15 additional days. TCEQ will submit any comments to the e-mail address specified by TxDOT in writing.

  (5) If TCEQ provides comments within the timeframe described in paragraph (4) of this subsection, TxDOT will consider TCEQ's comments as applicable. TCEQ's comments will be made part of the project file. TxDOT will consider TCEQ comments submitted to TxDOT after the timeframe described in paragraph (4) of this subsection to the extent possible, given the stage of the environmental review process at the time of the submission.

Source Note: The provisions of this §2.305 adopted to be effective March 20, 2019, 44 TexReg 1447

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