OVERVIEW OF RECENT CHANGES TO TXDOT S ENVIRONMENTAL REVIEW RULES. Patrick Lee TxDOT Environmental Affairs Division

Transcription

1 OVERVIEW OF RECENT CHANGES TO TXDOT S ENVIRONMENTAL REVIEW RULES Patrick Lee TxDOT Environmental Affairs Division

2 Why do we have rules? 2

3 Where are the rules? Texas Administrative Code, Title 43, Part 1, Chapter 2 3

4 A. General Provisions C. Environmental Review Process for Highway Projects D. Requirements for Classes of Projects E. Public Participation F. Requirements for Specific Types of Projects and Programs G. MOU with the Texas Parks and Wildlife Department H. MOU with the Texas Historical Commission I. MOU with the Texas Commission on Environmental Quality 4

5 Recent revisions Mostly to implement 2011 legislation Mostly to revise public participation rules Miscellaneous changes on various subjects 5

6 Timeline March 31, 2016: Commission approval (proposed) April 15, 2016: Texas Register (41 TexReg 2705) May 16, 2016: Public comment deadline June 30, 2016: Commission approval (final) July 15, 2016: Texas Register (41 TexReg 5234) July 20, 2016: Effective Date 6

7 So, what changed? 7

8 Activities Outside the Right-of-Way Project-specific locations or PSLs Contractor borrow sites, staging areas, etc. If outside the right-of-way, and not specified by TxDOT, then not part of transportation project for purposes of review under Chapter 2 Rule citation: 2.3(e)(1) 8

9 Relocations Outside the Right-of-Way Displaced utilities, homes, businesses, etc. If relocated outside of the right-of-way, then relocation not part of transportation project for purposes of review under Chapter 2 Rule citation: 2.3(e)(2) 9

10 Consultation Reevaluation vs. Documented Reevaluation Consultation - internal conversation noted in the file Changed circumstances clearly do not require further analysis Documented - checklist form No FEIS within 3 years after DEIS, or major steps to advance project not taken within 3 years after FEIS Changed circumstances warrant further analysis/documentation Rule citation: 2.5, 2.50(a)(5), & 2.85(b) 10

11 Public Meeting/Hearing Documentation No more summary and analysis Instead, assemble public meeting documentation or public hearing documentation Packet of documentation for internal, record-keeping purposes only Rule citation: 2.83(h)(2), 2.105(d), & 2.107(e) 11

12 Combined FEIS/ROD When using combined FEIS/ROD approach: No more 30-day waiting period between FEIS and ROD No more separate notices of availability for FEIS and ROD (just one notice for FEIS/ROD Rule citation: 2.84(f)(2) & 2.108(c)(5) 12

13 EIS Notices in Texas/Federal Register Publish notice of intent, and notices of availability for DEIS and FEIS/ROD in either Texas Register or Federal Register, depending on whether project is state or federal No rule requirement to publish in both Texas and Federal Register Rule citation: 2.102(b)&(c) & 2.108(c)(4) 13

14 Triggers for Holding a Public Meeting/Hearing Public meeting: Base decision on level of public concern, period (not just concern on environmental issues) Public hearing: Remove high-profile project trigger Add trigger, the department delegate determines it is in the public interest Rule citation: 2.105(b)(1) & 2.107(b)(3) 14

15 Public Hearing Notice Deadline 15-day notice period, rather than 30 Rule citation: 2.107(c)&(d)(2) 15

16 Post-Hearing Comment Deadline Comment deadline is 15 days after public hearing, regardless of whether hearing is for CE, EA or EIS Rule citation: 2.107(d)(3) 16

17 Notice of Impending Construction Signage in the right-of-way, mailed notice, printed notice distributed by hand, or notice via website (when web address previously provided) Must be given after environmental review is complete, but before use of heavy equipment Rule citation:

18 Advance Acquisitions of Right-of-Way TxDOT s Right-of-Way Division approves advance acquisition using state funds only on a case-by-case basis, and only under very limited circumstances When advance acquisition is determined appropriate by the Right-of-Way Division, ENV s rules now require preparation of a due diligence report, rather than a CE analysis Rule citation:

19 TxDOT Presence at Public Hearings No more department public hearing officer TxDOT employee must open a public hearing, and at least one employee must remain present throughout Rule citation: 2.5, 2.106(e), & 2.107(f) 19

20 60-day Deadline for Decision on an EA 60 days after date the public participation process concludes What does that phrase mean? If no hearing or public comments, then date project sponsor confirms in writing that public participation is over If a hearing or public comments, then date project sponsor provides documentation of public hearing and a revised EA responsive to public comments Rule citation: 2.50(a)(2)(B)(ii) 20

21 Newspaper Notice Added requirement to publish in a newspaper a notice of availability: for an FEIS (FEIS/ROD) for a draft EA when no hearing is going to be held Rule citation: 2.108(c)(3) 21

22 Hearing Requirements in Other Statutes Removed from Chapter 2 rules: Transportation Code bypass projects Parks and Wildlife Code & public parks, recreation areas, scientific areas, wildlife refuges, historic sites Parks and Wildlife Code land protected by agricultural conservation easements Rule citation: 2.1 & 2.107(b)(3)&(c) 22

23 Parks and Wildlife Road Projects TxDOT work on Parks and Wildlife Roads (not on state highway system, owned and operated by TPWD): Not subject to review under Chapter 2 TPWD provides TxDOT an environmental clearance certification indicating that all applicable federal and state laws pertaining to environmental procedures have been met Rule citation: 2.3(b)(1)(C) 23

24 Categorical Exclusions No project scope required for in-house CEs Allow regulatory flexibility to clear certain types of projects as CEs without an individual environmental issues checklist (i.e., CE determination form) for each project Rule citation: 2.44(a) & 2.81(b)(2)&(4) 24

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