1. (a) Applicability.

   1. (1) This section applies to a transportation project when the extent of environmental impacts is not readily discerned.
   2. (2) An EA is a public disclosure document that provides sufficient evidence and analysis for determining whether to prepare an EIS or issue a FONSI, and that describes the need for the project, any alternatives considered, and the extent of environmental impact including direct, indirect, and cumulative impacts. The department shall conduct environmental studies and prepare an EA to determine the nature and extent of environmental impacts, and to provide full disclosure of project impacts to the public.
   3. (3) For an aviation project involving any residential or commercial relocations, environmental studies shall be conducted and an EA shall be prepared. For an aviation project that requires an EA, the department shall utilize the format and content requirements of Federal Aviation Administration (FAA) procedures established to comply with 42 United States Code §§4321 et seq.
2. (b) Purpose. The EA shall be prepared as a decision-making document. If the environmental studies show that the impacts are not significant, then the EA shall conclude with a FONSI. If the studies show that the impacts are significant, then the EA shall conclude that an EIS is required.

3. (c) Coordination and consultation.

   1. (1) For a project that requires an EA, the department shall, at the earliest appropriate time, begin coordination and consultation with state and federal resource agencies, local political subdivisions, and the public to achieve the following:

      1. (A) define the scope of the project;
      2. (B) identify and evaluate any alternatives meeting the project's established need and purpose, including evaluation of the no-build alternative;
      3. (C) determine potential social, economic, and environmental impact;
      4. (D) identify mitigation measures and alternatives that might avoid, minimize, or compensate for adverse environmental impacts; and
      5. (E) identify other environmental reviews, permits, and other approvals, as well as consultation requirements that should be done as part of the decision-making studies.
   2. (2) The department shall include in the EA the results of review and consultation with regulatory agencies, and a summary of the agency contacts and comments received.
4. (d) Public Involvement. The district and environmental division shall comply with the public involvement requirements in §2.5 of this subchapter (relating to Public Involvement).
5. (e) Change in determination of impact. If the environmental division determines at any point during the environmental studies that the project may have a significant impact on the environment, the environmental division shall direct the district to prepare an EIS.

6. (f) FONSI.

   1. (1) Finding of no significant impact means a document issued by the environmental division (or by the FHWA for a federal-aid highway project) that briefly presents the reasons why the transportation project, not otherwise a categorical exclusion, will not have a significant effect on the human environment and for which an environmental impact statement therefore will not be prepared. It shall include the environmental assessment, or a summary of it, and shall note any other environmental documents related to it. If the assessment is included, the finding need not repeat any of the discussion in the assessment, but may incorporate it by reference.
   2. (2) The environmental division will review the EA, any proposed mitigation measures, agency consultation and coordination, and if a public hearing was held, the summary and analysis, and the comment and response report. If appropriate, the environmental division shall explain the decision in a written FONSI, including how the EA and other environmental documents, and agency consultation and coordination, affected the decision.
7. (g) Notification of FONSI. The district and environmental division shall give notice of availability of a FONSI in accordance with §2.5 of this subchapter.
8. (h) Additional permits or approvals. After issuance of a FONSI, but before the project is approved for construction letting, the district shall ensure the project has obtained all necessary permits or approvals.

Source Note:The provisions of this §2.11 adopted to be effective January 4, 2007, 31 TexReg 10817.