| (a) Environmental issues checklist. For categorically
excluded projects for which an environmental issues checklist is prepared,
the department delegate will begin a technical review of the documentation
of categorical exclusion when it is received from the project sponsor,
or in the case of an electronic checklist, when the project sponsor
indicates that the checklist is ready for review. The project sponsor
shall ensure that all tasks and coordination required prior to making
the environmental decision are complete when the documentation or
electronic checklist is submitted for technical review.
(b) Environmental review document. The department delegate
will begin a technical review of a draft EA, FEIS, documented reevaluation,
or a CE for which a narrative document, rather than a checklist, is
prepared when the department delegate determines that it is administratively
complete under §2.48 of this subchapter (relating to Administrative
Completeness Review). The department delegate will begin a technical
review of a DEIS when it is received from the project sponsor.
(c) Purpose. The purpose of a technical review is for
the department delegate to confirm that:
(1) for a categorically excluded project for which
an environmental issues checklist is prepared, the documentation provided
by the project sponsor shows that the project qualifies as a categorically
excluded project, as applicable; or
(2) for all other projects, the environmental review
document prepared by the project sponsor is:
(A) an evaluation of all required subject areas;
(B) written in a professional and understandable manner;
(C) based on sound reasoning and accepted scientific
and engineering principles; and
(D) compliant with all applicable regulatory requirements
including the requirements of Subchapter D of this chapter (relating
to Requirements for Classes of Projects).
(d) Disapproval. The department delegate may conclude
that the environmental review document or documentation of categorical
exclusion cannot be approved because it does not meet the requirements
of this section. The department delegate will provide the project
sponsor with a written explanation for its disapproval of an environmental
review document or documentation of categorical exclusion.
|
| Source Note: The provisions of this §2.49 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective September 19, 2018, 43 TexReg 5987 |
