Environmental Permits, Issues and Commitments

General
Preliminary Design must include an identification of the environmental issues and commitments that must be considered during the project development.
Chapter 5 – Environmental Compliance
contains guidelines for the local government (LG) to ensure environmental issues are addressed appropriately during the project. Commitments are often included in the project environmental documents, including those related to a categorical exclusion (CE), environmental assessment (EA) or environmental impact statement (EIS). These commitments are listed in the Environmental Permits, Issues and Commitments (EPIC) sheet and must be carried through the project development, design and construction stages to assure full compliance with state and federal environmental regulations. More information pertaining to TxDOT’s environmental policies is provided in Chapter 5 – Environmental Compliance.
Federal Requirements
  1. 23 CFR §635.309(j)
    – Specifies the plans, specifications and estimates (PS&E) may not be approved until the Federal Highway Administration (FHWA) or TxDOT has determined appropriate measures have been included in the PS&E to ensure conditions and commitments made in the development of the project to mitigate environmental harm will be met.
  2. 23 CFR Part 771
    – Contains the FHWA regulations concerning environmental actions.
    1. 23 CFR §771.105(d)
      – Requires measures necessary to mitigate adverse impacts identified during the environmental process to be incorporated into the project.
    2. 23 CFR §771.109(b)
      – Provides that the applicant for federal funds is responsible for implementing those mitigation measures stated as commitments in the environmental documents prepared pursuant to this regulation.
    3. 23 CFR §771.109(d)
      – Mandates TxDOT responsible for ensuring the project is constructed in accordance with and incorporates all committed environmental impact mitigation measures listed in the approved environmental documents.
  3. 23 CFR §772.13(h)
    – States the PS&E will not be approved unless those noise abatement measures that are reasonable and feasible are incorporated into the plans and specifications.
State Requirements
  1. 43 TAC §2.43
    – Provides that, unless otherwise approved by TxDOT, a public or private entity requesting state or federal funds is responsible for compliance with environmental regulations. Included in these regulations is the requirement for the LG to submit documentation to TxDOT showing all issues identified in the EPIC are complete or will be completed including copies of permits or other approvals required prior to construction.
  2. 43 TAC §26.33
    – Assigns full responsibility to the regional mobility authority (RMA) for ensuring all EPIC are addressed in the project design for projects connecting to the state highway system.
  3. 43 TAC §27.56
    – Assigns full responsibility to the LG for ensuring all EPIC are addressed in the project design for projects where a public or private entity (LG) is eligible to request financial assistance for toll facilities.
  4. 43 TAC §§5.59
    ,
    15.56
    ,
    26.33
    and
    27.56
    – Requires projects to be designed in accordance with TxDOT procedures, standards and guidelines. For RMA, toll and pass-through financed projects, preliminary design information must be sent to TxDOT for review and approval when the design is approximately 30 percent complete.
Required Practices
In general, the LG must coordinate with the TxDOT district to determine the environmental compliance issues and include the EPIC in the plans.
Chapter 5 – Environmental Compliance
of this Manual provides additional information on this topic. The
LGPM Guide
describes the required practices and the responsibilities of the LG and TxDOT district for this process.