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RULE §375.60Definitions

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

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