(a) Environmental issues checklist. For categorically excluded projects for which an environmental issues checklist is prepared, the department delegate will begin a technical review of the documentation of categorical exclusion when it is received from the project sponsor, or in the case of an electronic checklist, when the project sponsor indicates that the checklist is ready for review. The project sponsor shall ensure that all tasks and coordination required prior to making the environmental decision are complete when the documentation or electronic checklist is submitted for technical review.
(b) Environmental review document. The department delegate will begin a technical review of a draft EA, FEIS, documented reevaluation, or a CE for which a narrative document, rather than a checklist, is prepared when the department delegate determines that it is administratively complete under §2.48 of this subchapter (relating to Administrative Completeness Review). The department delegate will begin a technical review of a DEIS when it is received from the project sponsor.
(c) Purpose. The purpose of a technical review is for the department delegate to confirm that:
  (1) for a categorically excluded project for which an environmental issues checklist is prepared, the documentation provided by the project sponsor shows that the project qualifies as a categorically excluded project, as applicable; or
  (2) for all other projects, the environmental review document prepared by the project sponsor is:
    (A) an evaluation of all required subject areas;
    (B) written in a professional and understandable manner;
    (C) based on sound reasoning and accepted scientific and engineering principles; and
    (D) compliant with all applicable regulatory requirements including the requirements of Subchapter D of this chapter (relating to Requirements for Classes of Projects).
(d) Disapproval. The department delegate may conclude that the environmental review document or documentation of categorical exclusion 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 documentation of categorical exclusion.

Source Note: The provisions of this §2.49 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective September 19, 2018, 43 TexReg 5987