1. (a) Policy. The Texas Transportation Commission (commission) and the Texas Department of Transportation (department) will protect, preserve and, when practicable, enhance the environment. The focus shall be on the human environment including the earth's systems, consisting of water, air, land, plants, people, and animals and the interrelationships that exist among these, including ecological, socio-economic, and archeological/cultural resources. Particular emphasis will be placed on avoidance, minimization, and compensation for adverse environmental impacts. Social and environmental concerns will be balanced with economic growth. The commission and the department will fully integrate environmental and public involvement considerations into department policies, procedures, and decision-making practices, and will do so in a systematic, interdisciplinary manner.

2. (b) Applicability; Exception.

   1. (1) This subchapter prescribes the environmental review and public involvement requirements for:

      1. (A) a department transportation project;
      2. (B) a transportation project of a private or public entity in which the project is funded in whole or in part by the department; or
      3. (C) a transportation project of a private or public entity when the project requires commission or department approval.
   2. (2) Transportation project. A transportation project is a highway improvement, rest area, aviation, toll project, public transportation, rail transportation project, ferry landing project, ferry maintenance, transportation enhancement, or a project for the construction or operation of a facility that is a part of the Trans-Texas Corridor. A highway improvement project is a highway construction or maintenance project under one or more of Transportation Code, Chapters 201, 203, 221, 223, 227, or 228.
   3. (3) Exception. Notwithstanding paragraph (1) of this subsection, the requirements of this subchapter do not apply to a project that is not on the state highway system and that the department funds solely with money held in a project subaccount created under Transportation Code, §228.012. A project agreement entered into by the department shall ensure that the entity responsible for implementing such a project complies with all environmental review and public involvement requirements applicable to that entity under state and federal law in connection with the project.
3. (c) Purpose. This subchapter implements the requirements of Transportation Code, §91.033, §91.034, §201.604, §201.607, §201.610, §201.617, §203.021, §203.022, §227.004, §227.013, §227.027, and §227.028. Also, the requirements in this chapter follow the requirements of the National Environmental Policy Act, 42 United States Code §§4321 et seq., 23 United States Code §109(h), and federal rules adopted under those laws. For a federal-aid transportation project, the subchapter sets forth additional requirements the department shall follow in order to comply with the National Environmental Policy Act and federal rules adopted under that law.
4. (d) Additional requirements for certain projects. Subchapter C of this chapter (relating to Additional Requirements for Certain Types of Transportation Projects) prescribes additional environmental requirements for certain types of projects.
5. (e) Other applicable environmental law. For a transportation project, in addition to the requirements in this subchapter and Subchapters B and C of this chapter, the department shall ensure compliance with state and federal law including the Endangered Species Act, 16 United States Code §§1531 et seq.; the Rivers and Harbors Act, 33 United States Code §§401 et seq.; the Federal Water Pollution Act (commonly known as the Clean Water Act), 33 United States Code §§1251 et seq.; 33 Code of Federal Regulations Parts 114 through 115; the Safe Drinking Water Act, 42 United States Code §§300f et seq.; Section 106 of the National Historic Preservation Act, 36 Code of Federal Regulations Part 800.
6. (f) Processing by district or other office. When this subchapter and Subchapters B or C of this chapter requires that a district undertake certain actions, another office of the department shall take the actions if the other office controls processing of the project. The Aviation Division may control the processing of an aviation project. The Transportation Planning and Programming Division may control the processing of a railroad project. The Texas Turnpike Authority Division may control the processing of a toll project. This subsection only concerns the processing of a project, and does not confer authority on a district or other office to issue approval of an environmental document.
7. (g) Roles of department and other entities. For a project by a private or public entity, the entity shall submit a written proposal to the department for a determination of the respective roles and responsibilities of the entity and the department under this subchapter. The department shall determine and issue in writing the respective roles and responsibilities of the entity and the department.

8. (h) Emergency action procedures and compliance with other regulations.

   1. (1) Any request for deviations from the procedures in this subchapter because of emergency circumstances will be handled on a case by case basis. Emergency circumstances will include natural disasters, such as floods, hurricanes, tidal waves, earthquakes, severe storms, landslides, or catastrophic failures from any cause.
   2. (2) All applicable state and federal emergency environmental permitting and approval processes will be followed.
   3. (3) The work shall be limited to those actions directly related to public health and safety and to further minimize loss of public infrastructure.
   4. (4) The project files shall contain copies of all coordination and approvals obtained.

Source Note:The provisions of this §2.1 adopted to be effective January 4, 2007, 31 TexReg 10817; amended to be effective February 19, 2009, 34 TexReg 1098.