Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013 Page: 8,805
8721-8970 p. ; 28 cm.View a full description of this periodical.
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(B) an evaluation of [all] reasonable alternatives satis-
fying the purpose and need, their associated social, economic, and en-
vironmental impacts, an evaluation of alternatives eliminated from de-
tailed study, and a determination of the preferred alternative;
(C) a summary of studies conducted to determine the
nature and extent of environmental impacts;
(D) a description of the environmental impact of the
project, any unavoidable adverse environmental impacts and associ-
ated measures to minimize harm, and any irreversible and irretrievable
commitments of resources involved if the project is implemented;
(E) a description of the direct, indirect, and cumulative
effects of the project; and
(F) a discussion of compliance with all applicable laws
or reasonable assurances that the requirements can be met, and a de-
scription of the mitigation measures that are to be incorporated [as
EPIGs] into the project.
(2) Coordination. The project sponsor will comply with
2.12 of this chapter (relating to Project Coordination), and will include
in the EIS the results of coordination conducted before final approval
of the EIS and a summary of the contacts with [paricipating] agencies
and the comments received.
(3) Public participation. The project sponsor will conduct
appropriate public participation in accordance with Subchapter E of
this chapter (relating to Public Participation) complyy with--. ,,, of
this c chapterr (tatig to PtDblic Paaricipation for an F virt . tal tm-
pat tatemen or Supplemental environmental wpat Statement)] and
will include in the EIS the results of public participation and the com-
ments received.
(4) Organization. To the maximum extent possible, an EIS
should summarize, incorporate by reference and include as appendices
any separately prepared environmental reports supporting the EIS's
conclusions, rather than repeat the detailed information from environ-
mental reports in the body of the EIS.
(c) Processing the EIS.
(1) The project sponsor will in the following order:
(A) publish a notice of intent under 2.102 of this chap-
ter (relating to Notice of Intent) and develop a coordination plan under
2.103 of this chapter (relating to Coordination Plan for EIS);
(B) conduct public participation and coordination in the
manner and at the times prescribed by law;
(C) prepare the draft EIS (DEIS);
(D) publish the notice of availability of the DEIS;
(E) conduct the public hearing;
(F) prepare the final EIS (FEIS);
(G) publish the notice of availability of the FEIS; and
(H) prepare a draft record of decision (ROD).
(2) Accelerated Decision-making.
(A) If public comments are minor, and changes are lim-
ited to factual corrections or explanations of why comments do not war-
rant additional agency response, the project sponsor may prepare errata
sheets and attach them to the DEIS, rather than preparing the FEIS.
(B) The project sponsor may prepare the FEIS and draft
ROD as a single document unless:(i) the FEIS makes substantial changes to the pro-
posed project that are relevant to environmental or safety concerns; or
(ii) there are significant new circumstances or infor-
mation relevant to environmental concerns that bear on the proposed
action or the impacts of the proposed action.
(3) [(2)] The project sponsor will prepare a supplemental
DEIS, a supplemental FEIS, or both if required by 2.86 of this sub-
chapter (relating to Supplemental Environmental Impact Statements).
(d) Preparation of DEIS.
(1) The project sponsor will prepare a DEIS that meets the
requirements of subsection (b) of this section. A preferred alternative
may be designated, if appropriate. The preferred alternative may be de-
veloped to a higher level of detail than other alternatives. The higher
level detail must be limited to work necessary for preliminary design,
as described by paragraph (5) of this subsection. The department del-
egate will review, and will approve the development of the preferred
alternative to a higher level of detail if appropriate, and only if that de-
velopment does not prevent the department from making an impartial
decision as to whether to accept another alternative under considera-
tion in the environmental review process.
(2) The DEIS is subject to the department delegate's ap-
proval before it is made available to the public as a department docu-
ment. For highway projects processed under Subchapter C of this chap-
ter (relating to Environmental Review Process for Highway Projects),
the DEIS is approved for public review on the department delegate's
completing the technical review of the DEIS under 2.49 of this chap-
ter (relating to Technical Review).
(3) After the department delegate approves the DEIS, the
project sponsor will circulate the DEIS and give notice of its avail-
ability in accordance with 2.108 [2-183] of this chapter (relating to
Notice of Availability).
(4) After the DEIS is circulated, public hearing held, and
comments reviewed, the project sponsor will prepare an FEIS, or a
supplemental DEIS if required.
(5) For the purposes of paragraph (1) of this subsection,
preliminary design defines the general project location and design con-
cepts. It includes, but is not limited to, preliminary engineering and
other activities and analyses, such as environmental investigations, to-
pographic surveys, metes and bounds surveys, geotechnical investiga-
tions, hydrologic analysis, hydraulic analysis, utility engineering, traf-
fic studies, financial plans, revenue estimates, hazardous materials as-
sessments, general estimates of the types and quantities of materials,
and other work needed to establish parameters for the final design. [is
the part of design work on -a prjet that supports one or more of the
activities listed in this paragraph but does not include an activity that is
an irreversible commitment of resources that forecloses the implemen-
ttion of reasonable and prudent aternatives. The acttivities inlude]
evaluation of alternati-e courses of action;
S(B preparation4 of information to satisfy FPs re-
I(@ wok taken to reduce prjtet risks for the final
design and construction phase of the proj c t including geotechnical
investigations, utility surveys haz.ardous ateriats assessments and
other investigations and analyses; and]
((D) work taken to document a base case as part of an
effort to define the requirements that apply to final design or construe-
tion j
(e) Preparation of FEIS.PROPOSED RULES December 6, 2013 38 TexReg 8805
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Texas. Secretary of State. Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013, periodical, December 6, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379983/m1/85/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.