| (a) Deadlines. This subsection sets out the deadlines
that apply to the department delegate's technical review.
(1) CEs. For a highway project classified as a CE,
the department delegate will render an environmental decision not
later than the 90th day after it receives the environmental issues
checklist, or, for CEs for which an environmental review document
is prepared, not later than the 90th day after it determines that
the environmental review document is administratively complete under §2.48
of this subchapter (relating to Administrative Completeness Review).
For purposes of this paragraph, the department delegate renders an
environmental decision by:
(A) approving documentation showing the project meets
applicable CE criteria under §2.81 of this chapter (relating
to Categorical Exclusions) or declining in writing to do so; or
(B) for an FHWA transportation project, by forwarding
such documentation to FHWA with an appropriate recommendation.
(2) EAs. This paragraph provides the deadlines for
a highway project that requires the preparation of an EA.
(A) Comment deadline. The department delegate will
provide to the project sponsor any department comments on the EA not
later than the 90th day after the day that the department delegate
determines that the EA is administratively complete under §2.48
of this subchapter.
(B) Environmental decision deadline. The department
delegate will render an environmental decision not later than the
60th day after the later of:
(i) the date that the department delegate receives
from the project sponsor a revised EA responsive to and in satisfaction
of comments provided by the department delegate under subparagraph
(A) of this paragraph; or
(ii) the date the public participation process concludes,
which is:
(I) if no hearing is held and no public comments are
received on the draft EA, the date on which the project sponsor submits
to the department delegate a written confirmation that no further
public participation is required and none will be conducted; or
(II) if a hearing is held or public comments are received
on the draft EA, the date that the project sponsor submits to the
department delegate the documentation of public hearing required by §2.107
of this chapter (relating to Public Hearing), if applicable, and a
revised EA responsive to any public comments received.
(3) Rendering an environmental decision on an EA. For
the purposes of paragraph (2)(B) of this subsection, the department
delegate renders an environmental decision by:
(A) issuing a written FONSI, as provided by §2.83
of this chapter (relating to Environmental Assessments) or declining
in writing to do so; or
(B) for an FHWA transportation project, forwarding
the EA and other documentation to FHWA with an appropriate recommendation.
(4) EISs. For a highway project that requires an EIS,
the department delegate will render an environmental decision not
later than the 120th day after the date the department delegate determines
that the project sponsor's draft of the final EIS is administratively
complete under §2.48 of this subchapter. For purposes of this
paragraph, the department delegate renders an environmental decision
by:
(A) signing and dating the FEIS cover page as provided
for by §2.84 of this chapter (relating to Environmental Impact
Statements) or declining in writing to do so; or
(B) for an FHWA transportation project, forwarding
the FEIS to FHWA with an appropriate recommendation.
(5) Reevaluations. For a highway project that requires
a documented reevaluation, the department delegate will render an
environmental decision not later than the 120th day after the date
the department delegate determines that the documented reevaluation
document is administratively complete under §2.48 of this subchapter.
For the purposes of this paragraph, the department delegate renders
an environmental decision by:
(A) signing and dating the documented reevaluation
or declining in writing to do so; or
(B) for an FHWA transportation project, forwarding
the documented reevaluation to FHWA with an appropriate recommendation.
(b) Suspension of technical review deadlines.
(1) Amendments, corrections, and revisions.
(A) If, at any time during its technical review, the
department delegate identifies deficiencies, errors, or needed revisions
in an environmental review document or documentation of categorical
exclusion, the department delegate will notify, in writing, the project
sponsor that it is suspending its technical review, and identify any
needed amendments, corrections, and revisions.
(B) The department delegate will provide to the project
sponsor any comments, if possible, in a single set of comments unless
the project sponsor and department delegate agree to process comments
in batches, which may result in multiple suspensions of the technical
review deadline under this subsection.
(C) The project sponsor may make any corrections or
revisions to the environmental review document or documentation of
categorical exclusion identified by the department delegate, and re-submit
the revised documentation in whole or in part, as appropriate, for
continuation of technical review.
(D) The department delegate's compliance with the deadlines
set forth in subsection (a) of this section is suspended from the
time the department delegate provides written notice under subparagraph
(A) of this paragraph until the time the project sponsor re-submits
the environmental review document or documentation of categorical
exclusion, in whole or in part, in accordance with subparagraph (C)
of this paragraph.
(2) Additional work regarding highway project.
(A) If, at any time during technical review, the project
becomes the subject of additional work, including a design change
or identification and resolution of new significant issues, the project
sponsor will notify the department delegate in writing.
(B) If the department delegate determines that a design
change is material, compliance with the deadlines set forth in subsection
(a) of this section is suspended from the time the department delegate
provides written notice of its determination to the project sponsor
until the project sponsor gives written notice to the department delegate
that the additional work is completed and, if appropriate, submits
a revised environmental review document or documentation of categorical
exclusion, in whole or in part, reflecting the outcome of the additional
work.
(C) If as a result of additional work the classification
of the project changes, technical review under this section is terminated,
and the project sponsor may submit the new environmental review document
or documentation of categorical exclusion to the department delegate
under §2.48 of this subchapter.
(3) Issues raised by the department's legal counsel.
If, at any time during technical review, the department delegate provides
written notice to the project sponsor of an issue concerning compliance
with applicable law identified by the department's legal counsel,
compliance with the deadlines set forth in subsection (a) of this
section is suspended from the time the department delegate provides
that notice until the time that the project sponsor provides a satisfactory
written response to the department delegate and, if appropriate, submits
a revised environmental review document or documentation of categorical
exclusion, in whole or in part, reflecting any warranted changes.
(4) Number of suspensions. There is no limit on the
number of times technical review of an environmental review document
or documentation of categorical exclusion may be suspended as provided
by this subsection. The department will use its best efforts to minimize
the number and duration of suspensions of technical reviews.
(5) Suspension by agreement. The project sponsor and
department delegate may suspend compliance with the deadlines set
forth in subsection (a) of this section at any time by written agreement,
in which case the deadlines are suspended until the project sponsor
and department delegate lift the suspension and resume technical review
by written agreement.
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