1. (a) Preparation of Supplemental EA.

   1. (1) The department may supplement an EA at any time.

   2. (2) The department shall supplement an EA when the department determines that:

      1. (A) changes to the project would result in environmental impacts that were not evaluated in the EA; or
      2. (B) new information or circumstances relevant to environmental concerns bearing on the proposed action or its impacts were not evaluated in the EA.
   3. (3) The department is not required to supplement an EA when changes to the project, new information, or new circumstances result in a lessening of adverse impacts evaluated in the EA.

2. (b) Effect of preparation.

   1. (1) The preparation of a Supplemental EA does not:

      1. (A) prevent the granting of new approvals;
      2. (B) require the withdrawal of previous approvals; or
      3. (C) require the suspension of project activities for any activity not directly affected by the supplement.
   2. (2) If changes at issue are of such magnitude as to require a reassessment of the entire project, or more than a limited portion of the overall project, the department shall suspend any activities that would have an adverse environmental impact or limit the choice of reasonable alternatives, until the Supplemental EA is completed.
3. (c) The department shall develop a Supplemental EA using the same process and format as an original EA.

Source Note:The provisions of this §2.14 adopted to be effective January 4, 2007, 31 TexReg 10817.