| (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project is no longer valid as a result of changes in the project.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.
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