Environmental Compliance Under the New RUS

Environmental Policies and Procedures

Lawrence R. Wolfe, Senior Environmental Protection Specialist

1

EXECUTIVE SUMMARY

On December 11, 1998, the Rural Utilities Service (RUS) published as a final rule

its "Environmental Policies and Procedures" (7 CFR Part 1794). This new environmental

regulation replaces the previous version was published as a final rule on March 13, 1984.

Three bulletins were issued with the regulation. They are Bulletin 1794A-600, "Guide

for Preparing the Environmental Report for Categorically Excluded Projects", Bulletin

1794A-601, "Guide for Preparing the Environmental Report for Electric Projects

Requiring an Environmental Assessment", and Bulletin 1794A-602, “Guide for Preparing

the Environmental Report for Water and Waste Projects.” Five additional bulletins will

guide applicants through the RUS scoping process and in the preparation of the

documents required for major generation and transmission projects. The new regulation

and bulletins can be accessed on the Internet through the Engineering and Environmental

Staff web site at: www.usda.gov/rus/regs.shtml.

The most significant change from the previous regulation is that it now addresses

the actions associated with the loans and grants administered by the Water and Waste

Program. This program had been administered by the Farmers Home Administration.

A substantial number of procedural changes affect the Electric Program and its

applicants. Only those actions subject to the direct approval of financing assistance are

subject to environmental review. More actions are classified as categorical exclusions.

Acreage and capacity thresholds have been increased in all categories. Authority for

RUS to use consultant prepared documents has been expanded to include projects

requiring an Environmental Assessment with Scoping or an Environmental Impact

Statement.
1

ENVIRONMENTAL COMPLIANCE UNDER THE NEW

RUS ENVIRONMENTAL POLICIES AND PROCEDURES

INTRODUCTION

Effective December 11, 1998, the Rural Utilities Service (RUS) revised its environmental

compliance regulation 7 CFR Part 1794, Environmental Policies and Procedures. This

regulation is necessary to ensure RUS compliance with the Council on Environmental

Quality (CEQ) Regulations for Implementing the Procedural Provisions of the National

Environmental Policy Act (NEPA) of 1969. The regulation not only ensures that certain

actions taken by the Electric, Telecommunications, and Water and Waste Programs are in

compliance with NEPA, but that they are also in compliance with certain related Federal

environmental laws, statutes, regulations, and Executive Orders.

BACKGROUND

Bulletin 20-21:320-21, Environmental Policies and Procedures, was the first

environmental regulation/guideline issued by the Rural Electrification Administration

(REA) on June 17, 1971. REA is the predecessor of RUS. This bulletin was

subsequently revised in 1974, 1980, and 1984. Under the 1984 revision, the agency's

environmental regulations were included in the Code of Federal Regulations (CFR) as

7 Part 1794 and the bulletin was rescinded. These regulations only addressed the

environmental implications of actions taken by the electric and telecommunications

programs. The Federal Crop Insurance and Department of Agriculture Reorganization

Act of 1994, (Public Law 103-354) has had a significant impact on the agency. In

addition to a name change, the Water and Waste Program that formerly was administered

by the Farmers Home Administration (FmHA) was transferred to RUS.

The reorganization of the Department of Agriculture provided an opportunity to review

and rewrite the environmental regulations. The environmental regulations governing the

REA and FmHA programs that now comprise RUS had not been revised for more than a

decade. Based on new congressional mandates, changes in the electric industry, RUS

experience and review of its existing procedures, RUS determined that several changes

were necessary for its environmental review process to operate in a smooth, efficient, and

effective manner.

RUS environmental staff formally solicited comments from headquarters program staff

and two task forces representing electric and water and waste program field staffs. The

aim of the task forces was to make the regulation easier to understand by staff and

applicants and eliminate unnecessary requirements while continuing to ensure that the

environmental implications of applicant proposals in the three program areas were

adequately considered before agency approval of financing assistance is provided.
2

FINAL RULE

The final rule is divided into eight subparts: A through H. Subpart A contains general

policies, identifies responsible officials, defines terminology, and identifies applicant

guidance bulletins. Subpart B explains the agency’s implementation of NEPA as defined

in the CEQ Regulations. Subpart C contains a classification system of four categories

into which all applicant proposals that are eligible for financing assistance are separated.

Subparts D through G identify the requirements that must be followed for proposals in

each of the categories of Subpart C. Subpart H contains the requirements for the

adoption of environmental documents.

This final rule contains a variety of substantive and procedural changes from the

provisions of the previous rule. Some of these revisions are minor (i.e. §1794.4, Trivial

Violations was deleted) or are merely intended to clarify existing RUS policies and

procedures (i.e. §1794.6, Definitions, was added). Other revisions reflect changes in

RUS implementation of the CEQ Regulations as discussed in the following pages.

The relationship between REA and its electric and telecommunications applicants has

changed substantially since RUS issued the March 1984 revision of 7 CFR Part 1794.

Historically, REA provided substantially all of its applicants’ capital needs and

established a lending relationship reflecting strict oversite of borrower activities.

However, because of limited annual loan authorization levels, RUS no longer serves in

this role. Moreover, in a 1993 amendment to section 306E of the Rural Electrification

Act of 1936 (RE Act), as amended (7 U.S.C. 936E), Congress required RUS to abandon

its close hands-on control of its applicants and instead follow the practices of private

market lenders. RUS has done so through the development of new forms of loan

agreements and security instruments and the publication of 7 CFR Part 1717, subpart M,

Operational Controls, which reduce or eliminate much of the oversight and control

historically exercised by RUS over its electric and telecommunications applicants.

The most significant revision included in the new regulation reflects these changes and

reforms. Environmental review will continue to be required in connection with the

approval of financial assistance for applicants. However, no environmental review will

be required in connection with approvals provided by RUS pursuant to its loan contracts

and security instruments with applicants such as approvals of lien accommodations or the

use of general funds by applicants. RUS has determined that these approvals are not

major Federal actions significantly affecting the quality of the human environment.

A complete listing of the changes by section within the revised 7 CFR Part 1794 is

provided in the following pages, beginning with Subpart A. Note that the numbering

sequence used for affected sections (e.g. §1794.3) mirrors the sequence used in the

regulation.
3

Subpart A - General

§1794.3 Actions requiring environmental review

Only applicant actions that require the approval of financing assistance are subject

to environmental review. Specifically excluded are approvals pursuant to loan

contracts and security instruments (e.g., approval of the use of general funds

where no RUS reimbursement will be requested) and approvals of lien

accommodations.

§1794.4 Metric units

Environmental documents prepared by or for an applicant should use non-metric

equivalents (British system) followed by metric units in parentheses or a metric

conversion table as an appendix. Note that all numerical designations used in this

regulation have been rounded to the nearest whole number. This is a reversal of

previous policy.

§1794.6 Definitions

This is a new section that defines some of the terminology used in the regulation.

Note that the environmental document submitted by electric applicants for

projects that are normally categorically excluded or require an environmental

assessment without scoping is now called an Environmental Report (ER). In the

previous rule the document was called a Borrowers Environmental Report (BER).

§1794.7 Guidance

The two environmental guide bulletins that had previously been issued in

November 1993 and April 1995 respectively have been revised and updated. A

third bulletin was developed to address water and waste projects. These bulletins

can be downloaded from the RUS web site under Regulations, Bulletins and

General Information. The three available bulletins are now titled:

RUS Bulletin 1794A-600 – Guide for Preparing an Environmental Report

for Categorically Excluded Projects;

RUS Bulletin 1794A-601 – Guide for Preparing the Environmental Report

for Electric Projects Requiring an Environmental Assessment; and

RUS Bulletin 1794A-602 – Guide for Preparing an Environmental Report

for Water and Waste Projects.

Five additional guide bulletins are in preparation and should be issued later this

year. They are:

RUS Bulletin 1794A-603 – The Applicants Guide to Project Scoping;

RUS Bulletin 1794A-604 - Preparing the Alternatives Analysis and Site

Selection Study;
4

RUS Bulletin 1794A-605 - Preparing the Alternatives Analysis and

Macro-Corridor Study;

RUS Bulletin 1794A-606 - Preparing the Environmental Analysis for

Electric Generation Projects; and

RUS Bulletin 1794A-607 - Preparing the Environmental Analysis for

Electric Transmission Projects.

Subpart B – Implementation of the National Environmental Policy Act

No substantive chances were made to Subpart B. However, the CEQ Regulations

impose certain stipulations by on use of contractor prepared documents by

Federal agencies. Therefore, early consultation between the applicant and RUS

for major projects is mandatory.

§1794.11 Apply NEPA early in the planning process.

Where a proposed action normally requires the preparation of an Environmental

Impact Statement (EIS), it is imperative that the applicant consults with RUS

prior to obtaining the services of an environmental consultant. The CEQ

Regulations in §1506.5(c) stipulate when an EIS is to be prepared by a contractor,

that contractor be chosen solely by the lead agency, with the cooperation of the

cooperating agencies, or by a cooperating agency to avoid any conflict of interest.

It is also imperative that applicant’s notify and consult with the appropriate

branch within the Power Supply Division (PSD) of RUS on all EA with Scoping

and EIS projects. The Engineering and Environmental Staff needs authorization

from PSD before staff can proceed with the environmental review for proposals in

these two categories.

Subpart C – Classification of Proposals

Within subpart C of this rule, a classification system defines the level of

environmental review required for RUS and applicant proposed actions. Sections

1794.21 through 1794.25 of this subpart are further subdivided when appropriate

to differentiate between actions being proposed by RUS and actions proposed by

Electric, Telecommunications, and Water and Waste program applicants.

A number of classification changes have been made within Section 1794.21.

These reclassifications involve minor actions proposed by applicants that rarely

result in significant environmental impact or public interest. RUS believes that

adequate safeguards have been included to identify any unusual circumstances

that may require additional agency scrutiny. The reclassifications and new

categories have been listed below.
5

§1794.21 Categorically excluded proposals without an ER.

(b) Electric and Telecommunications Programs

The following three actions were deleted in the new regulation and are no longer

considered actions subject to environmental review.

• Routine approvals made pursuant to loan security documents (e.g.,

contracts for bulk commodities, goods and services, capital credit

retirements, and technical design or specifications).

• Agreements for transmission, wheeling, interconnection with, power

purchases from, or sale to other utilities where no associated applicant

construction or financing of construction is involved.

• Fuel or mineral contracts where the applicant does not have effective

control over or responsibility to alter the development of the specific fuel

or mineral source (e.g., mine).

The following five actions that previously required a BER, normally do not

require an ER under the new regulation.

(14) Rebuilding of power lines or telecommunications cables where road

or highway reconstruction requires the applicant to relocate the lines either

within or immediately adjacent to the new road or highway easement or

right-of-way.

(15) Phase or voltage conversions, reconductoring or upgrading of

existing electric distribution lines, or telecommunication facilities.

(17) Participation by an applicant(s) in any proposed action where total

applicant financial participation will be five percent or less.

(19) Additional bulk commodity storage (e.g., coal, fuel oil, limestone)

within existing generating station boundaries. A certification attesting to

the current state of compliance of the existing facilities and a description

of the facilities to be added shall be provided to RUS.

(20) Proposals designed to reduce the amount of pollutants released into

the environment (e.g., precipitators, baghouse or scrubber installations,

and coal washing equipment) which will have no other environmental

impact outside the existing facility site.

The following six new actions have been added to this category.

(16) Construction of new power lines, substations, or telecommunications

facilities on industrial or commercial sites, where the applicant has no

control over the location of the new facilities. Related off-site facilities

would be treated in their normal category.

(18) Construction of a battery energy storage system at an existing

generating station or substation site.

(21) Construction of standby diesel electric generators (one megawatt or

less total capacity) and associated facilities, for the primary purpose of
6

providing emergency power, at an existing applicant headquarters or

district office, telecommunications switching or multiplexing site, or at an

industrial, commercial or agricultural facility served by the applicant.

(22) Construction of onsite facilities designed for the transfer of ash,

scrubber wastes, and other byproducts from coal-fired electric generating

stations for recycling or storage at an existing coal mine (surface or

underground).

(23) Changes or additions to an existing water well system, including new

water supply wells and associated pipelines within the boundaries of an

existing well field or generating station site.

(24) Repowering or uprating of an existing unit(s) at a fossil-fueled

generating station in order to improve the efficiency or the energy output

of the facility. Repowering or uprating that results in increased fuel

consumption or the substitution of one fuel combustion technology with

another is excluded from this classification.

Note that a description of the facilities to be constructed shall be provided to RUS

for Items (14), (15), (16), (18), (20), (21), (22), and (23).

RUS has modified the thresholds for acreage (facility sites), and capacity (generation

facilities) within §1794.22(a). Capacity thresholds have been eliminated for the

hydroelectric proposals listed in §§1794.22 and 1794.23. RUS will normally adopt the

NEPA document prepared by the Federal Energy Regulatory Commission, the licensing

agency of hydroelectric projects, for projects which RUS applicants propose to build or

participate in.

§1794.22 Categorically excluded proposals requiring an ER.

(a) Electric and Telecommunications Programs

The following action that previously required an (EA) requires an ER under the

final rule.

(7) Construction of substations, switching stations, or telecommunications

switching or multiplexing centers requiring no more than five acres

(2 hectares) of new physically disturbed land or fenced property.

The following new actions have been added to this category.

(5) Changes to existing transmission lines that involve less than 20

percent pole replacement, or the complete rebuilding of existing

distribution lines within the same ROW. Changes to existing transmission

lines that require 20 percent or greater pole replacement will be considered

the same as new construction

(8) Construction of diesel electric generating facilities of five megawatts

(MW) (nameplate rating) or less either at an existing generation or
7

substation sites. This category also applies to a diesel electric generating

facility of five MW or less that is located at or adjacent to an existing

landfill site and supplied with refuse derived fuel. All new associated

facilities and related electric power lines shall be covered in the ER.

(10) Construction of new water supply wells and associated pipelines not

located within the boundaries of an existing well field or generating

station site.

The acreage threshold for new headquarters (item 4) has been increased from 5

acres to 10 acres. The capacity thresholds for diesel generation facilities (item 8)

have been modified and the capacity thresholds for hydroelectric proposals

(item 9) have been eliminated.

In addition to modifying the thresholds for acreage and capacity within §1794.23(c), RUS

has imposed different thresholds for construction of electric generating capacity at new

sites versus existing sites.

§1794.23 Proposals normally requiring an EA.

(c) Electric Program

The following new action has been added to this category.

(4) Repowering or uprating of an existing unit(s) at a fossil-fueled

generating station where the existing fuel combustion technology of the

affected unit(s) is substituted for another (e.g. coal or oil-fired boiler is

converted to a fluidized bed boiler or replaced with a combustion turbine

unit).

The capacity thresholds for combustion turbine or diesel generation (items 1 & 2)

have been modified to differentiate between new sites (50 MW or less) and

existing sites (100 MW or less). Capacity thresholds for hydroelectric proposals

(item 5) have been eliminated. The acreage threshold for new headquarters (item

7) has been increased to greater than 10 acres.

Acreage and capacity threshold changes within §1794.24, and a capacity threshold

change within §1794.25 reflect changes that have been made in §§1794.22(a), and

1794.23(c). No changes were made to the existing thresholds for transmission line

length.

PROCEDURAL CHANGES

RUS has modified its procedures in Subparts D through G. Those changes are identified

for each subpart below.

Subpart D - Procedure for Categorical Exclusions

Each project must be sufficiently described to ensure its proper environmental

classification. Sufficient information for this purpose is normally provided in the project
8

description included in the construction work plan. There are 13 actions in §1794.21(b)

that require additional information. The purpose is to ensure that construction and

operation of the facilities covered by these actions will not impact important resources.

Subpart E – Procedure for Environmental Assessments

The EA will be the subject document of the notice of availability requirements in

§1794.42, where previously, the applicant’s BER or the Environmental Analysis (EVAL)

was the subject document. With this change, the notice requirements for all three

programs will be consistent for both EA proposals and EA with scoping proposals. This

change will encourage more public involvement by allowing public review of EA

proposals prior to the issuance of a Finding of No Significant Impact (FONSI).

Normally, there will be no comment period following the issuance of the FONSI.

However, when substantive comments are received on the EA, RUS may provide an

additional period (15 days) for public review following the publication of its FONSI

determination (refer to §1794.44).

Subpart F – Procedure for Environmental Assessments with Scoping

The notice requirements for Electric program projects that require scoping have been

changed. The timing of RUS Federal Register notice for public scoping meetings in

§1794.52(b) has been reduced from 30 days to 14 days prior to the meeting. No

appreciable benefit resulted from the earlier notice requirement.

Scoping documents must be made available to the public at least 10 days in advance of

the meeting. The meeting format can be either the traditional (formal presentation) style

or the open house style

The previous rule allowed RUS to accept the applicant’s BER as its EA but required RUS

to prepare its own EA from the applicant’s EVAL where a proposed action requires

scoping. This requirement has been changed to allow RUS accept the EVAL as its EA

(see §1794.53).

The mandatory (30-day) comment period that under the previous regulation followed the

issuance of the FONSI has been rescended. Procedures listed in §1794.44 now apply to

EA with scoping projects.

Subpart G – Procedure for Environmental Impact Statements

The policy regarding the use of contractor prepared EISs has been modified. Under the

previous rule, RUS was required to use agency funds if an independent contractor was

chosen by RUS to prepare the EIS. In accordance with the provisions of 7 CFR Part

1789, “Use of Consultants Funded by Applicants” and Section 759A of the Federal

Agriculture Improvement and Reform Act of 1996, preparation of a draft or final EIS by

an independent contractor can be funded by the applicant, provided the consultant is

selected by RUS.
9

A new requirement, publication of a notice of availability by RUS and the applicant for a

Record of Decision (ROD) is established in §1794.63. There is no comment period

following the issuance of an ROD.

GUIDANCE

The Federal Register version of 7 CFR Part 1794 can be downloaded from the RUS web

site at: www.usda.gov/rus/regs.shtml under Electric Program Regulations and Bulletins.

The final rule exclusive of the preamble and responses to comments can be downloaded

from the same web site.

To assist electric applicants and their consultants in complying with the new RUS

environmental policies and procedures additional forms of guidance are available.

Information on the available guidance is provided in the five-page appendix that is

attached to this paper.

The current address, telephone and fax numbers for the Engineering and Environmental

Staff (EES) have been listed on page 1. The three staff specialists responsible for the

review of electric applicant projects and the states each is responsible for have been listed

on pages 1 and 2. The two current and five future environmental guidance bulletins have

been listed on page 3. RUS Bulletins 1794A-600 and 601 can be found on the same web

site as the final rule. New bulletins will be posted on the same web site as soon as they

are available.

Each Rural Development (RD) State Office is required to maintain a Natural Resource

Management Guide for that state. Included in the guide is general natural resource

information for that state and a listing of agency contacts. An abbreviated version of that

guide has also been developed as a supplement to RUS Bulletin 1794A-602. For

information on how to obtain a copy of either guide, contact the appropriate RD State

office. Addresses are available on the EES web site.

RUS has also developed a series of computer based training CDs for RD State office

staff. A listing of the seven CDs that are available and the three CDs that are in

preparation is contained on page 5. A copy of these CDs is available on request from

EES.
BIOGRAPHICAL SKETCH

LAWRENCE R. (LARRY) WOLFE

Larry received a Bachelor of Science Degree in Resource Management in 1972

and a Master of Science Degree in Natural Resources in 1975 from the University

of Wisconsin – Stevens Point.

He was employed by Sargent and Lundy Engineers in Chicago as an

Environmental Project Manager from 1974 to 1978. Since joining the U.S.

Department of Agriculture (USDA) in 1978, he has held the following positions

within the Rural Electrification Administration: Environmental Protection

Specialist (1978-1991); Environmental Policy Specialist (1991-1992); and Chief

of the Environmental Compliance Branch (1992-1995). Following the 1995

reorganization within USDA, he has held the position of Senior Environmental

Protection Specialist (1995 to present) in the Engineering and Environmental

Staff (EES) of the Rural Utilities Service. The EES provides oversight and

support on environmental and engineering issues to the Rural Development state

offices for water and wastewater projects in addition to being responsible for the

environmental of all electric and telecommunications projects.

Larry resides with his wife Eileen in Springfield, Virginia. Eileen is Head of the

Employee Development Staff for the USDA Agricultural Research Service.
Environmental Responsibilities

POINT OF CONTACT

USDA-RUS-EES

1400 INDEPENDENCE AVE. , SW

ROOM 2242-S

STOP 1571

WASHINGTON, DC 20250-1571

TELEPHONE: (202) 720-1784

FAX: (202) 720-0820

Environmental Responsibilities

EES STAFF SPECIALISTS

NURUL ISLAM

(202) 720-1414

NISLAM@RUS.USDA.GOV

NORTHWEST AREA

(IA, ID, MN, MT, ND, OR, SD, WA, & WY)

&

IL, IN, & WI
Environmental Responsibilities

EES STAFF SPECIALISTS

DENNIS E. RANKIN

(202) 720-1953

DRANKIN@RUS.USDA.GOV

SOUTHWEST AREA

(AZ, CA, CO, KS, NB, NM, NV, OK, TX, & UT)

&

ME, MI, NH, NJ, NY, PA, & VT

Environmental Responsibilities

EES STAFF SPECIALISTS

BOB QUIGEL

(202) 720-0468

BQUIGEL@RUS.USDA.GOV

SOUTHEAST AREA

(AL, AR, FL, GA, LA, MO, MS, NC, &TN)

&

DE, KY, MD, OH, VA, & WV
ENVIRONMENTAL

GUIDANCE

Bulletin 1794A-600 - Guide for Preparing

the Environmental Report for

Categorically Excluded Projects

Bulletin 1794A-601 - Guide for Preparing

the Environmental Report for Electric

Projects Requiring an Environmental

Assessment

ENVIRONMENTAL

GUIDANCE

New Bulletins

1794A-603 - Applicants Guide to Scoping

1794A-604 - Preparing the Alternatives Analysis

and Site Selection Study

1794A-605 - Preparing the Alternatives Analysis

and Macro -Corridor Study

1794A-606 - Preparing the Environmental

Analysis for Generation Projects

1794A-607 - Preparing the Environmental

Analysis for Transmission Projects
ENVIRONMENTAL

GUIDANCE

1999 Edition of

“Items of Engineering Interest”

Article discusses changes resulting from the

new “Environmental Policies and

Procedures” that affect Electric

Borrowers.

ENVIRONMENTAL

GUIDANCE

✦ Natural Resource Management

Guide or

✦ Supplement to Bulletin 1794A-602

(Available for review from the Rural

Development State Office)
COMPUTER BASED

 TRAINING CDs

✦ NEPA Course

✦Water Issues

✦ Land Use Issues

✦ Coastal Use Issues

✦ Historic Preservation Issues

✦ Socioeconomic/Environmental

Justice Issues (March)

COMPUTER BASED

 TRAINING CDs

✦ Transaction Screen Process (TSP)

✦ First Responder (OSHA)

✦ Lender Liability

✦ CERCLA (June)

✦ RCRA (July)
Environmental Policies

and Procedures

Rural Utilities Service

Electric Engineering

Conference

 March 14 & 15, 2000

Rural Development

Program Support 

Staff

Engineering and 

Environmental Staff

RUS RBS RHS

National Office State Office

Electric & Telecomm Water & Waste

Environmental Responsibilities
7 CFR Part 1794

ENVIRONMENTAL

POLICIES

AND

PROCEDURES

(December 11, 1998)

RUS Environmental Policies and Procedures

A. General

F. Env Assessment w/ Scoping

E. Env Assessment

D. Categorical Exclusion

H. Adoption

B. NEPA

G. Env Impact Statement

Procedures

C. Classification
7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

New Regulation

now includes the

 Electric

Telecommunications and

Water & Environmental

 Programs

7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

Subpart A: General

 §1794.3: Actions Requiring

Environmental Review

n Approval of Financing Assistance (YES)

n Approval of non-reimbursable General Funds

or Lien Accommodations (NO)

 §1794.7: Guidance

 Identifies Guidance Bulletins

(1794A-600, 1794A-601, & 1794A-602)
7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

Subpart C: Classification

§1794.21(b) CE Projects w/o an ER

Downgraded Actions

(Used to require a BER)

: Rebuilding of power lines due to road move.

: Phase or voltage conversions, reconductoring

or upgrading of existing distribution lines.

: Participation of 5% or less in a new facility.

7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

§1794.21(b) CE Projects w/o an ER

New actions

: New power line or substation construction on

industrial or commercial sites.

: Standby diesel generators (1 mw or less) for

emergency power.

: Repowering or uprating of existing fossilfueled units to improve efficiency or energy

output. Does not include increased fuel

consumption or fuel substitution.
7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

§1794.22(a) CE Projects requiring an ER

New actions

: Changes to transmission lines involving 20%

or less pole replacement within the same

ROW or the complete rebuild of distribution

lines.

: Construction of diesel generation of 5mw or

less at existing generation, substation or

landfill sites.

7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

§1794.22(a) CE Projects requiring an ER

Changes to previous actions

: New headquarters/warehouse acreage

threshold increased from 5 acres to 10 acres.

: No maximum acreage threshold for multiple

substations on a transmission line project.
7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

§1794.23(c) Projects requiring an EA

Changes to previous actions

: New headquarters/warehouse acreage

threshold increased to greater than 10 acres.

: Capacity thresholds for combustion turbines

& diesels were modified to differentiate

between new sites (50 mw or less) and

existing sites (100 mw or less).

7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

Procedures

Subpart D: Categorical Exclusions

For §1794.21(b) CE Projects

: Provide brief description for each of the 24

listed actions.

: Provide sufficient additional information on 13

actions (To ensure that important resources

will not be impacted).
7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

Procedures

Subpart E: Environmental Assessments

: Draft EA is document subject to public notice

and comment.

: Normally no comment period following

issuance of the FONSI.

: 15 day comment period on FONSI if

substantive comments received.

7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

Procedures

Subpart F: EA with Scoping

: RUS scoping notice in Federal Register 14

days prior to meeting.

: Public availability of scoping documents at

least 10 days prior to meeting.

: Meeting format (formal or open house).

: Borrowers EVAL can serve as RUS EA.
7 CFR 1794 - RUS ENVIRONMENTAL

 POLICIES AND PROCEDURES

Procedures

Subpart G: Environmental Impact

Statements

: Borrowers can volunteer to fund the

preparation of an EIS by an independent

contractor.

Contractor must be selected by RUS.

: RUS and applicant notices of availability

required for a Record of Decision.
GUIDANCE

ENVIRONMENTAL

GUIDANCE

Bulletin 1794A-600 - Guide for Preparing

the Environmental Report for

Categorically Excluded Projects

Bulletin 1794A-601 - Guide for Preparing

the Environmental Report for Electric

Projects Requiring an Environmental

Assessment
ENVIRONMENTAL

GUIDANCE

New Bulletins

1794A-603 - Applicants Guide to Scoping

1794A-604 - Preparing the Alternatives Analysis

and Site Selection Study

1794A-605 - Preparing the Alternatives Analysis

and Macro -Corridor Study

1794A-606 - Preparing the Environmental

Analysis for Generation Projects

1794A-607 - Preparing the Environmental

Analysis for Transmission Projects

ENVIRONMENTAL

GUIDANCE

1999 Edition of

“Items of Engineering Interest”

Article discusses changes resulting from the

new “Environmental Policies and

Procedures” that affect Electric

Borrowers.
COMPUTER BASED

 TRAINING CDs

✛ NEPA Course

✛ Water Issues

✛ Land Use Issues

✛ Coastal Use Issues

✛ Historic Preservation Issues

✛ Socioeconomic/Environmental

Justice Issues (May)

COMPUTER BASED

 TRAINING CDs

✛ Transaction Screen Process (TSP)

✛ First Responder (OSHA)

✛ Lender Liability

✛ CERCLA (June)

✛ RCRA (July)
A Friendly Reminder From the

Engineering & Environmental Staff

To Assist the GFR & EES

● Provide Good Project Descriptions

● Contact EES When Borrower/Consultant

Has Questions or Encounters Problems

● Environmental Report Should be

Submitted Through GFR

● Don’t Submit the Environmental Report

Without CWP
Answer These Questions

● Do the Project Lists in the Environmental

Report & CWP Agree?

– If Not, Explain

● Are All 200, 400, 800, & 900 Code

Projects Plotted on Maps?

● Have All 200, 400, 800, & 900 Code

Projects Been Submitted for Agency

Review?

Answer These Questions

● Did All Contacted Agencies Respond?

– If Not, What Follow-up Was There?

● Are All Agency Concerns Addressed in

the Environmental Report?

● Did the Manager Sign the Environmental

Report?
EMERGENCY SITUATIONS

EMERGENCIES

 An Emergency situation is defined as a

natural disaster or system failure that

may involve an immediate threat to

public health, safety, or the human

environment.
EMERGENCIES

Borrowers need not contact RUS

environmental staff and do not have to

prepare any environmental

documentation prior to making repairs

because of an emergency situation

EMERGENCIES

If permanent reconstruction at a later

date is required to maintain system

integrity, the proposed projects will be

subject to their normal level of

environmental review.
Internet

RUS Electric Engineering Seminar

March 2000

Internet

WEB SITE LOCATION

 www.usda.gov/rus/water/ees