1. (a) Environmental issues checklist. For BCEs, PCEs and CEs for which an environmental issues checklist is prepared, the department delegate will begin a technical review of the CE/BCE/PCE documentation when it is received from the project sponsor.
2. (b) Environmental review document. The department delegate will begin a technical review of an environmental review document when the department delegate determines that it is administratively complete under §2.48 of this subchapter (relating to Administrative Completeness Review).

3. (c) Purpose. The purpose of a technical review is for the department delegate to confirm that:

   1. (1) for a BCE, PCE or CE for which an environmental issues checklist is prepared, the documentation provided by the project sponsor shows that the project qualifies as a BCE, PCE or CE, as applicable; or

   2. (2) for all other projects, the environmental review document prepared by the project sponsor is:

      1. (A) an evaluation of all required subject areas;
      2. (B) written in a professional and understandable manner;
      3. (C) based on sound reasoning and accepted scientific and engineering principles; and
      4. (D) legally sufficient, including satisfying the requirements of Subchapter D of this chapter (relating to Requirements for Classes of Projects).
4. (d) Disapproval. The department delegate may conclude that the environmental review document or CE/BCE/PCE documentation cannot be approved because it does not meet the requirements of this section. The department delegate will provide the project sponsor with a written explanation for its disapproval of an environmental review document or CE/BCE/PCE documentation.

Source Note:The provisions of this §2.49 adopted to be effective April 16, 2012, 37 TexReg 1727.