1. (a) Procedures. Maintenance programs are a part of the department's mandate to develop and maintain a safe and efficient transportation system for Texas. The following procedures provide for the environmental review and public comment on department maintenance programs.

   1. (1) Environmental review.

      1. (A) The department will conduct an environmental review of the following maintenance programs:

         1. (i) bridge maintenance;
         2. (ii) customer service;
         3. (iii) debris and spills;
         4. (iv) drainage;
         5. (v) ferry maintenance;
         6. (vi) maintenance enhancement;
         7. (vii) pavement maintenance;
         8. (viii) roadside appurtenances;
         9. (ix) traffic pavement markings; and
         10. (x) vegetation management.

      2. (B) The environmental review will consist of:

         1. (i) a description of the maintenance program and the activities in each;
         2. (ii) the department's evaluation of direct and indirect effects of each maintenance program;
         3. (iii) the department's analysis of program alternatives; and
         4. (iv) a description of the department's best management practices and mitigation plans for each maintenance program.
      3. (C) The department will analyze and coordinate each review with appropriate state and federal environmental resource agencies and work with them to develop effective environmental protection measures.
      4. (D) The department will reassess the environmental reviews at least every five years and if revisions are made, will re-coordinate with appropriate resource agencies.

   2. (2) Public involvement for maintenance programs.

      1. (A) Following the preparation and coordination of environmental reviews for each maintenance program, the department will afford an opportunity for a public hearing through publication of a notice in at least one issue of the Texas Register. The notice will be published at least 30 days in advance of the deadline date set by the Maintenance Division for submission of written requests to hold a public hearing. If a public hearing is requested, the department will conduct one or more public hearings, to solicit comments from the public on maintenance programs. The hearing will be conducted within six months of the department's approval of the environmental reviews prepared for each maintenance program.
      2. (B) If a public hearing is requested, a public hearing notice will be published at least 10 days in advance of the hearing date in at least one issue of the Texas Register and the hearing will be held pursuant to §1.5 of this title (relating to Public Hearings).
      3. (C) The department will report to the commission the findings of the environmental review and any public hearings along with the response to comments for each maintenance program.
2. (b) Maintenance actions under these programs are considered by the department to be blanket categorical exclusions (CEs) because they generally do not cause significant impacts. However, blanket CEs may require permits or approvals under specific state and federal laws and regulations. The district will determine whether the level of impacts of specific projects meet the criteria under §2.43(d)(1), §2.43(d)(2), and §2.43(d)(3) of this subchapter for blanket CEs. Projects that do not meet the criteria for blanket CEs will be processed according to §2.43(d)(4) or §2.43(e) of this subchapter as appropriate.

Source Note:The provisions of this §2.47 adopted to be effective December 9, 2004, 29 TexReg 11371.