(a) Purpose and applicability. An EIS examines impacts from the proposed project that are significantly affecting the human environment, requires close coordination with the Board and other agencies, and is the primary basis for the Board's issuance of a Record of Decision.
(b) Required EIS. An EIS shall be prepared for:
  (1) new regional water supply systems for a community with a population greater than 100,000;
  (2) actions likely to have a significant adverse effect on:
    (A) local ambient air quality;
    (B) local ambient noise levels;
    (C) surface water reservoirs or navigation projects;
    (D) the environment due to the releases of radioactive, hazardous, or toxic substances or biota;
    (E) federal or state natural landmarks or any property eligible for the national or state register of historic places; or
    (F) environmentally important natural resources such as wetland, floodplains, significant agricultural lands, aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers, and significant fish or wildlife habitat;
  (3) actions inconsistent with federal, state, local, or Indian tribe environmental, resources protection, or land use laws or approved land use plans or regulations;
  (4) actions likely to significantly affect the pattern and type of land use or growth and distribution of population, including altering the character of residential areas;
  (5) actions that in conjunction with federal, state, local, or Indian tribe projects are likely to produce significant cumulative impacts; and
  (6) actions with uncertain environmental effects or highly unique environmental risks that are likely to be significant.

Source Note: The provisions of this §371.46 adopted to be effective July 4, 2016, 41 TexReg 4844