1. (a) Applicability date and voluntary opt-in.

   1. (1) Except as provided in subsection (b) of this section, this subchapter applies in its entirety to all highway projects for which an environmental review document or CE/BCE/PCE documentation for the project has not been provided, in whole or in part, to the department delegate as of April 16, 2012.
   2. (2) For highway projects for which an environmental review document or CE/BCE/PCE documentation has been provided, in whole or in part, to the department delegate as of April 16, 2012, this subchapter applies only if the project sponsor notifies the department delegate in writing that it elects to have the project processed under this subchapter, in which case the subchapter applies in its entirety.
2. (b) Exception for certain BCEs. This subchapter does not apply to a project described by §2.82(c) of this chapter (relating to Blanket and Programmatic Categorical Exclusions) that the department delegate determines, under §2.82 of this chapter, may be processed as a BCE.

Source Note:The provisions of this §2.41 adopted to be effective April 16, 2012, 37 TexReg 1727.