214 Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Proposed Rules 

DEPARTMENT OF ENERGY 

[Docket ID: DOE–HQ–2010–0002] 

10 CFR Part 1021 

RIN 1990–AA34 

National Environmental Policy Act 

Implementing Procedures 

AGENCY: Office of the General Counsel, 

U.S. Department of Energy. 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) 

proposes to amend its existing 

regulations governing compliance with 

the National Environmental Policy Act 

(NEPA). The majority of the changes are 

proposed for the categorical exclusions 

provisions contained in its NEPA 

Implementing Procedures, with a small 

number of related changes proposed for 

other provisions. These proposed 

changes are intended to better align the 

Department’s regulations, particularly 

its categorical exclusions, with DOE’s 

current activities and recent 

experiences, and to update the 

provisions with respect to current 

technologies and regulatory 

requirements. DOE proposes to establish 

20 new categorical exclusions, and to 

remove two categorical exclusion 

categories, one environmental 

assessment (EA) category, and two 

environmental impact statement (EIS) 

categories. Other proposed changes 

modify and clarify DOE’s existing 

provisions. 

DATES: Comments should be received by 

(or, if mailed, postmarked by) February 

17, 2011 to ensure consideration. Late 

comments may be considered to the 

extent practicable. DOE will hold a 

public hearing on February 4, 2011, 

from 1 p.m. to 4 p.m. in Washington, 

DC. Persons who wish to speak at the 

public hearing should register before 3 

p.m. on February 1, 2011, as described 

in FOR FURTHER INFORMATION CONTACT. 

ADDRESSES: Documents relevant to this 

rulemaking are posted at http:// 

www.regulations.gov (Docket ID: DOE– 

HQ–2010–0002). Documents posted to 

this docket include: This notice of 

proposed rulemaking, DOE’s ‘‘Technical 

Support Document’’ that provides 

additional information regarding certain 

proposed changes, and a ‘‘redline/ 

strikeout’’ (markup) file of affected 

sections of the DOE NEPA regulations 

indicating the changes proposed in this 

proposed rule. 

Submit comments, labeled ‘‘DOE 

NEPA Implementing Procedures, RIN 

1990–AA34,’’ by one of the following 

methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments 

electronically. This rulemaking is 

assigned Docket ID: DOE–HQ–2010– 

0002. Comments may be entered 

directly on the Web site. Electronic files 

may be submitted to this Web site. 

2. Mail: Mail comments to NEPA 

Rulemaking Comments, Office of NEPA 

Policy and Compliance (GC–54), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Because 

security screening may delay mail sent 

through the U.S. Postal Service, DOE 

encourages electronic submittal of 

comments. 

3. Public Hearing: A public hearing 

will be held at the U.S. Department of 

Energy, Forrestal Building, Room 1E– 

245, 1000 Independence Avenue, SW., 

Washington, DC 20585. Oral and written 

comments will be accepted at the public 

hearing. See DATES, above, and Section 

III, Invitation to Comment, below, for 

procedures. 

FOR FURTHER INFORMATION CONTACT: For 

general information about DOE’s NEPA 

procedures, contact Ms. Carol 

Borgstrom, Director, Office of NEPA 

Policy and Compliance, at 202–586– 

4600 or leave a message at 800–472– 

2756. To register to speak at the public 

hearing and for questions concerning 

how to comment on this proposed rule, 

contact Ms. Yardena Mansoor, Office of 

NEPA Policy and Compliance, at 

askNEPA@hq.doe.gov or 202–586–9326. 

For detailed information on submitting 

comments and the public hearing, see 

Section III, Invitation to Comment, 

below. 

SUPPLEMENTARY INFORMATION: 

I. Introduction and Background 

What is NEPA? 

The National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.) 

requires Federal agencies to consider 

the potential environmental impacts of 

their ‘‘proposed actions’’ before taking 

action. (Please note the terms ‘‘effects’’ 

and ‘‘impacts’’ as used in this proposed 

rule are synonymous. See 40 CFR 

1508.8.) Proposed actions include 

actions directly undertaken by a Federal 

agency, as well as certain actions 

undertaken by a State, local, or private 

entity with Federal involvement, e.g., 

certain projects that may receive Federal 

funding, permits, or other support. 

What is environmental review under 

NEPA? 

The Council on Environmental 

Quality’s (CEQ’s) NEPA implementing 

regulations (40 CFR parts 1500–1508) 

establish three levels of review for 

proposed actions—EIS, EA, and 

categorical exclusion determinations— 

each involving different levels of 

information and analysis. An EIS is a 

detailed analysis of the potential 

environmental impacts of a proposed 

action (and alternatives) that may have 

a significant impact on the environment. 

See NEPA Section 102(2)(C), 42 U.S.C. 

4332(2)(C); 40 CFR 1508.11. An EA is a 

briefer analysis conducted to determine 

whether a proposed action may have a 

significant impact on the environment 

and thus whether an EIS is required. See 

40 CFR 1508.9. A categorical exclusion 

is a class of actions that a Federal 

agency has determined do not, absent 

extraordinary circumstances, 

individually or cumulatively have a 

significant impact on the human 

environment and for which, therefore, 

neither an EA nor an EIS is required. 

See 40 CFR 1508.4. A categorical 

exclusion determination is made when 

an agency finds that a proposed action 

fits within a categorical exclusion and 

meets other applicable requirements, 

such as the absence of extraordinary 

circumstances. 

How does DOE establish categorical 

exclusions? 

DOE establishes categorical 

exclusions pursuant to a rulemaking, 

such as this one, for defined classes of 

actions that the Department determines 

are supported by a record showing that 

they normally will not have significant 

environmental impacts, individually or 

cumulatively. DOE establishes 

categorical exclusions based on its 

experience, the experience of other 

agencies, and information provided by 

the public. 

A complete list of DOE’s current 

categorical exclusions can be found at 

10 CFR part 1021, subpart D, 

appendices A and B. Appendix A lists 

categorical exclusions applicable to 

general agency actions (for example, 

routine administrative, financial, and 

personnel actions). Appendix B lists 

categorical exclusions that are 

applicable to specific agency actions. 

How does DOE make a categorical 

exclusion determination? 

Under the regulations, before a 

proposed action may be categorically 

excluded, DOE must determine in 

accordance with 10 CFR 1021.410(b) 

that: (1) The proposed action fits within 


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a class of actions listed in appendix A 

or B to subpart D, (2) there are no 

extraordinary circumstances related to 

the proposal that may affect the 

significance of the environmental 

impacts of the proposed action, and 

(3) there are no connected or related 

actions with cumulatively significant 

impacts and, as appropriate, the 

proposed action is not precluded as an 

impermissible interim action (40 CFR 

1506.1 and 10 CFR 1021.211). 

In addition, to fit within a class of 

actions in appendix B, a proposed 

action must satisfy certain conditions 

known as ‘‘integral elements’’ (appendix 

B, paragraphs (1) through (4)). Briefly, 

these conditions ensure that an 

excluded action would not have the 

potential to cause significant 

environmental impacts due to, for 

example, a threatened violation of 

applicable environmental, safety, and 

health requirements, or by disturbing 

hazardous substances such that there 

would be uncontrolled or unpermitted 

releases. 

What does DOE propose to change in its 

NEPA regulations? 

With this proposed rule, DOE 

proposes to update its NEPA regulations 

(10 CFR part 1021), primarily with 

changes to subpart D and with a few 

changes to subpart C. Most changes are 

to categorical exclusions (subpart D, 

appendices A and B, discussed in 

Sections IV.D and IV.E below, 

respectively), including establishing 

new categorical exclusions and 

modifying existing categorical 

exclusions. DOE also proposes to make 

changes to its classes of actions that 

normally require an EA (appendix C, 

discussed in Section IV.F) or EIS 

(appendix D, discussed in Section IV.G). 

In addition, DOE proposes to change 

several procedural provisions of the 

Department’s regulations (Section IV.C) 

and modify wording for consistency and 

clarity (Section IV.B). 

II. Purpose and Development of the 

Proposed Changes 

Why does DOE propose to amend its 

NEPA implementing procedures? 

The Department last updated its 

categorical exclusions in 1996. Since 

that time, the range of activities in 

which DOE is involved has changed and 

expanded. For example, in recent years, 

DOE has received more applications for 

financial support from private 

applicants for actions that promote 

energy efficiency and energy 

independence. DOE has received 

thousands of applications under grant 

and loan programs established by the 

Energy Policy Act of 2005, the Energy 

Independence and Security Act of 2007, 

and the American Recovery and 

Reinvestment Act of 2009. Another 

change since 1996 is the growth and 

development of new technologies in the 

private and public sectors, including 

energy efficient and renewable energy 

technologies, and DOE’s experience 

with those technologies. Through this 

proposed rulemaking, DOE proposes to 

update its categorical exclusions to 

address the Department’s current 

activities and its experience and bring 

the provisions up-to-date with current 

technology and regulatory requirements. 

How did DOE seek input on the 

proposed changes? 

DOE has sought input from a number 

of different sources. First, DOE issued 

an internal memorandum on December 

7, 2009, soliciting suggestions for new 

categorical exclusions or revisions from 

DOE Program and Field Offices, 

including DOE’s network of NEPA 

Compliance Officers. Second, DOE 

Office of NEPA Policy and Compliance 

staff identified additional candidates for 

new or expanded categorical exclusions 

by reviewing the archive of DOE EAs 

that led to findings of no significant 

impact (FONSIs), researched the 

existing categorical exclusions 

established by approximately 50 Federal 

agencies, and reviewed existing DOE 

categorical exclusions to identify 

potential new categorical exclusions or 

revisions. Third, on December 29, 2009, 

DOE published a Request for 

Information in the Federal Register (74 

FR 68720) seeking suggestions from 

interested parties. Eleven entities 

responded to the Request for 

Information: Endicott Biofuels, LLC; 

Golder Associates, Inc.; INFORM 

(Information Network for Responsible 

Mining); Johnson Controls, Inc.; Nuclear 

Watch New Mexico; Presco Energy, 

LLC; Sierra Geothermal Power Corp.; 

Solar Energy Industries Association; 

State of Oregon’s Department of Energy; 

U.S. Chamber of Commerce; and a 

contractor for DOE’s Golden Field 

Office. The Request for Information and 

these comments are available at http:// 

www.regulations.gov. 

The comments included proposals for 

new categorical exclusions and 

suggested revisions to limit or expand 

existing categorical exclusions or other 

related provisions. DOE addresses these 

comments in its discussion of specific 

classes of actions in Section IV. 

Comments of a more general nature that 

were not associated with a particular 

provision are addressed below in 

Section V. 

How did DOE develop the proposed 

changes? 

As described above, DOE reviewed 

and evaluated each of the proposed 

revisions, reviewed past DOE NEPA 

analyses and other agencies’ NEPA 

analyses and categorical exclusions, and 

drafted proposed categorical exclusions 

and revisions. DOE created a Technical 

Support Document that presents 

proposed changes and information that 

supplements the Preamble discussion of 

the supporting basis for the changes. 

(See http://www.regulations.gov, Docket 

ID: DOE–HQ–2010–0002.) The proposed 

changes were developed in consultation 

with CEQ (see 40 CFR 1507.3), and are 

now, through this notice of proposed 

rulemaking, published for public review 

and comment. Instructions for how to 

provide comments are provided in 

Section III. DOE is also scheduling a 

public hearing to accept comments on 

the proposed rule. Details regarding the 

public hearing are provided in the 

DATES and ADDRESSES section and in 

Section III.B below. DOE will review the 

comments received during the public 

comment period, including those 

presented at the public hearing, and 

revise its proposal as appropriate. The 

final rule with DOE responses to 

comments would then be published in 

the Federal Register. 

What kinds of changes does DOE 

propose? 

DOE proposes to amend 10 CFR part 

1021, subparts C and D. The majority of 

changes are proposed for the categorical 

exclusion provisions at 10 CFR part 

1021, subpart D, appendices A and B, 

with a small number of related changes 

proposed for other provisions within 

subparts C and D. 

DOE proposes to add 20 new 

categorical exclusions. These categorical 

exclusions (in the order in which they 

appear in appendix B) address: 

Stormwater runoff control; lead-based 

paint removal; recycling stations; 

determinations of excess real property; 

small-scale educational facilities; smallscale indoor research and development 

projects using nanoscale materials; 

research activities in salt water and 

freshwater environments; experimental 

wells for injection of small quantities of 

carbon dioxide; combined heat and 

power or cogeneration systems; smallscale renewable energy research and 

development and pilot projects; solar 

photovoltaic systems; solar thermal 

systems; wind turbines; ground source 

heat pumps; biomass power plants; 

methane gas recovery and utilization 

systems; alternative fuel vehicle fueling 

stations; electric vehicle charging 


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stations; drop-in hydroelectric systems; 

and small-scale renewable energy 

research and development and pilot 

projects in salt water and freshwater 

environments. DOE proposes to remove 

two categorical exclusion categories, 

one EA category, and two EIS categories. 

DOE also proposes to modify many of 

the existing categorical exclusions. 

These revisions include substantive 

changes, as well as changes to reflect 

current regulatory or statutory 

references and requirements, and 

punctuation and grammatical changes to 

improve readability, clarity, and 

internal consistency. (By ‘‘substantive’’ 

changes DOE means a change that is 

more than a clarifying or consistency 

change; this term includes changes that 

alter the scope or meaning of a 

provision or that result in the addition 

or deletion of a provision.) 

What would result from DOE’s proposed 

changes? 

The proposed changes would better 

align DOE’s categorical exclusions with 

its current activities and its experience 

and bring the provisions up-to-date with 

current technology and regulatory 

requirements. The changes would also 

facilitate compliance with NEPA by 

providing for more efficient review of 

actions (helping the Department meet 

the goals set forth by Congress, for 

example, in the Energy Policy Act of 

2005), and allowing the Department to 

focus its resources on proposed actions 

that have the potential for significant 

environmental impacts. 

III. Invitation To Comment 

DOE invites interested persons to 

participate in this rulemaking by 

submitting comments on the proposed 

rule and on the supporting information 

for proposed changes set forth in the 

Preamble and the Technical Support 

Document. Comments would be 

particularly useful to DOE if those 

comments: (1) Provide information to 

support or oppose a proposed change 

(for example, describing experience 

with similar actions that did or did not 

have significant environmental impacts 

or providing references to such 

experience); (2) justify increased or 

lessened limitations on the application 

of a categorical exclusion; or (3) explain 

recommended changes in addition to 

those that DOE proposes and provide 

the rationale for such additional 

changes. As appropriate, comments 

should refer to the specific section of 

the proposed rule to which the 

comment applies, identify a comment as 

a general comment, or identify a 

comment as a new proposal. 

DOE will consider all timely 

comments received in response to this 

notice of proposed rulemaking, whether 

presented orally at the public hearing or 

written and submitted electronically or 

by mail. 

A. Written Comments 

Comments may be submitted by one 

of the methods in the ADDRESSES section 

of this proposed rule. Comments 

received will be included in the 

administrative record and will be made 

available online at http://www.

regulations.gov, including any personal 

information provided, unless the 

comment includes information 

specifically identified as Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Information that 

you consider to be CBI or otherwise 

protected should be submitted by mail, 

not through http://www.regulations.gov. 

If you submit information that you 

believe to be exempt by law from public 

disclosure, you should mail one 

complete copy, as well as one copy from 

which the information claimed to be 

exempt by law from public disclosure 

has been redacted. Please include 

written justification as to why the 

redacted information is exempt from 

disclosure. DOE is responsible for the 

final determination with regard to 

disclosure or nondisclosure of the 

information and for treating it 

accordingly under the DOE Freedom of 

Information Act regulations at 10 CFR 

1004.11. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means DOE will not know your 

contact information unless you provide 

it. If you choose not to provide contact 

information and DOE cannot read your 

comment due to technical difficulties, 

DOE may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters and any 

form of encryption, and be free of any 

defects or viruses. 

B. Public Hearing 

Attendance 

The time, date, and location of the 

public hearing are listed in the DATES

and ADDRESSES sections at the beginning 

of this proposed rule. Persons wishing 

to attend the public hearing must 

present government-issued 

identification and pass through security 

screening upon entering the building. 

Foreign nationals are subject to advance 

security screening procedures. Any 

foreign national wishing to participate 

or attend the public hearing should 

advise DOE promptly in order to initiate 

the necessary procedures as soon as 

possible; see FOR FURTHER INFORMATION

CONTACT, above. 

Registering To Speak 

Any person who has an interest in the 

topics addressed in this proposed rule 

may speak at the public hearing, either 

as an individual or as a representative 

of a group or organization of interested 

persons. Persons wishing to speak 

should register in advance, as described 

in FOR FURTHER INFORMATION CONTACT. 

After registered speakers have made 

their presentations, other persons may 

speak to the extent that time allows. 

Conduct of Public Hearing 

DOE will designate an official or 

facilitator to preside at the public 

hearing. The public hearing will be 

informal and not a judicial or 

evidentiary-type hearing. DOE reserves 

the right to schedule the order of 

speakers and to establish the procedures 

governing the conduct of the hearing. To 

ensure that all persons wishing to make 

a presentation can be heard, DOE may 

limit each presentation to 10 minutes or 

less. The presiding official or facilitator 

will announce any further procedural 

rules needed for the proper conduct of 

the public hearing. After the public 

hearing, interested persons may submit 

further comments until the end of the 

comment period. 

A transcript of the hearing will be 

made and posted at http://www.

regulations.gov. 

C. Issues on Which DOE Seeks 

Comment 

DOE is particularly interested in 

receiving comments and views of 

interested parties on several topics. As 

discussed in more detail in Section IV.B 

below, DOE seeks comments on its use 

of the phrases ‘‘including, but not 

limited to,’’ and ‘‘such as’’ to introduce 

lists of examples. Unless otherwise 

specified, DOE’s lists of examples are 

not intended to be exhaustive of all 

possible actions that fit within a 

categorical exclusion. DOE also seeks 

comments on its use of the phrase 

‘‘would not have the potential to cause 

significant impacts’’ (or a similar 

construct) in lieu of the use of terms 

such as ‘‘adverse’’ or ‘‘substantial’’ as 

modifiers for potential impacts. DOE 

believes that the proposed phrase more 

accurately reflects NEPA and the CEQ 

NEPA regulations. 

DOE is particularly interested in 

receiving comments and views of 

interested parties on the proposals 

relating to the following classes of 

actions: 


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B3.7 New Terrestrial Infill Exploratory and 

Experimental Wells 

B3.15 Small-Scale Indoor Research and 

Development Projects Using Nanoscale 

Materials 

B3.16 Research Activities in Salt Water and 

Freshwater Environments 

B4.1 Contracts, Policies, and Marketing and 

Allocation Plans for Electric Power 

B4.11 Electric Power Substations and 

Interconnection Facilities 

B4.12 Construction of Transmission Lines 

B4.13 Upgrading and Rebuilding Existing 

Transmission Lines 

B5.1(b) Actions To Conserve Energy or 

Water 

B5.13 Experimental Wells for Injection of 

Small Quantities of Carbon Dioxide 

B5.15 Small-Scale Renewable Energy 

Research and Development and Pilot 

Projects 

B5.16 Solar Photovoltaic Systems 

B5.17 Solar Thermal Systems 

B5.18 Wind Turbines 

B5.19 Ground Source Heat Pumps 

B5.20 Biomass Power Plants 

B5.24 Drop-in Hydroelectric Systems 

B5.25 Small-Scale Renewable Energy 

Research and Development and Pilot 

Projects in Salt Water and Freshwater 

Environments 

B6.1 Cleanup Actions 

C7 Contracts, Policies, and Marketing and 

Allocation Plans for Electric Power 

D5 [Removed and Reserved: Main 

Transmission System Additions] 

D6 [Removed and Reserved: Integrating 

Transmission Facilities] 

D7 Contracts, Policies, and Marketing and 

Allocation Plans for Electric Power 

DOE also welcomes comments on 

those categorical exclusions for classes 

of actions for which DOE has not 

proposed any revisions at this time. 

IV. Description of Proposed Changes 

A. Overview 

This section describes and explains 

the proposed amendments to the 

existing DOE NEPA regulations at 10 

CFR part 1021, subparts C and D. 

In subpart C, Implementing 

Procedures, the proposed amendments 

are minor technical changes. 

Specifically, to correct internal 

references, DOE proposes changes to 

three sections in subpart C: (1) 10 CFR 

1021.311—Notice of intent and scoping; 

(2) 10 CFR 1021.322—Findings of no 

significant impact; and (3) 10 CFR 

1021.331—Mitigation action plans. 

These proposed minor technical 

changes to subpart C are not discussed 

further below. 

In subpart D, DOE proposes extensive 

substantive and clarifying changes. 

Recurring proposals for subpart D are 

described in Section IV.B and then 

unique proposed changes to subpart D 

are described in Sections IV.C through 

IV.G. Support for the proposed revisions 

is summarized below, and more 

information regarding the supporting 

basis for certain provisions is provided 

in the Technical Support Document. 

What is subpart D of the DOE NEPA 

regulations? 

DOE’s NEPA regulations at 10 CFR 

part 1021 include subpart D, which lists 

classes of actions and the typical level 

of NEPA review required for those 

classes of actions. Subpart D appendices 

A and B describe DOE’s categorical 

exclusions. Appendix C describes 

classes of actions that normally require 

preparation of an EA, but not 

necessarily an EIS, and appendix D 

describes classes of actions that 

normally require preparation of an EIS. 

Listing a class of actions in these 

appendices does not constitute a 

conclusive determination regarding the 

appropriate level of NEPA review for a 

proposed action. Rather, the listing 

creates an initial assumption that the 

defined level of review is appropriate 

for the listed actions. As indicated in 

the existing 10 CFR 1021.400(c) and (d), 

this assumption does not apply when 

there are extraordinary circumstances 

related to the proposed action that may 

affect the significance of the 

environmental effects of the action. 

What types of changes does DOE 

propose to subpart D? 

DOE proposes to make several types 

of changes to its subpart D regulations: 

these revisions include substantive 

changes, as well as changes to reflect 

current regulatory or statutory 

references and requirements, and 

punctuation and grammatical changes to 

improve readability, clarity, and 

internal consistency. A proposed change 

does not imply that any previous 

application of these regulations was 

inappropriate. See 10 CFR 1021.400(b). 

DOE also proposes to delete the tables 

of contents for the classes of actions in 

subpart D, and instead to precede each 

section or paragraph with a short title. 

These short titles are included merely to 

guide the reader and do not have any 

regulatory effect. 

Some of the proposed changes apply 

multiple times throughout the 

provisions; others are made in the 

context of a specific provision. Section 

IV.B of this proposed rule contains an 

explanation of proposals that recur, that 

is, that affect more than one class of 

actions, instead of duplicating the 

explanation for multiple individual 

classes of actions. Descriptions of 

specific individual proposed changes 

and support for such changes begin with 

Section IV.C. With respect to certain 

proposed changes, a more detailed 

explanation of the supporting basis is 

provided in the Technical Support 

Document. (The Technical Support 

Document and the ‘‘redline/strikeout’’ 

markup of DOE’s existing regulations 

that show the proposed changes are 

available at http://www.regulations.gov.) 

B. Recurring Proposals, Technology 

Updates, and Minor Changes 

DOE proposes certain changes to its 

regulations that recur throughout 

subpart D. Seven recurring proposals are 

described below and are followed by a 

listing of the existing provisions where 

the recurring proposals occur. 

Discussion of these recurring proposals 

is not repeated in the discussion of 

classes of actions in Section IV below. 

DOE also proposes to modify certain 

technology-specific vocabulary to reflect 

current usage, updates to references, 

and minor changes to punctuation and 

grammar to improve internal 

consistency. For example, to update 

technology-specific vocabulary, DOE 

proposes to change ‘‘electric powerlines’’ 

to ‘‘electric transmission lines’’ in 

several categorical exclusions. DOE also 

proposes to update references, as in 

categorical exclusion B3.12, which 

would reference the latest edition of a 

Centers for Disease Control manual. 

DOE is proposing to correct 

typographical errors (for example, 

changing ‘‘with’’ to ‘‘within’’ in 

categorical exclusion B1.13). Also, for 

certain classes of actions, DOE is 

proposing the addition of crossreferences to related classes of actions. 

For example, DOE is proposing to add 

a cross-reference to the proposed new 

categorical exclusion B1.33 into the 

existing categorical exclusion B1.6. 

B.1. Adjacent/Contiguous/Nearby 

To clarify use of terms reflecting 

proximity, and to promote consistency 

in its categorical exclusions, DOE is 

proposing to delete the word ‘‘adjacent’’ 

from its categorical exclusions and use 

‘‘contiguous’’ and ‘‘nearby,’’ as 

appropriate. DOE proposes to use the 

word ‘‘contiguous,’’ where the intended 

application is ‘‘touching along a 

boundary or at a point’’ or ‘‘being in 

actual contact.’’ In contrast, DOE is 

proposing to use the word ‘‘nearby,’’ 

where the intended application is ‘‘not 

distant’’ or ‘‘in proximity, but not 

necessarily touching.’’ In order to 

facilitate consistent understanding and 

application of this concept, DOE, 

therefore, proposes changes to the 

following provisions: B1.31, B2.1, B4.7, 

B5.8, B5.12. 


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B.2. Including, But Not Limited to/ 

Including/Such as 

DOE proposes to use the phrases 

‘‘including, but not limited to,’’ 

‘‘including,’’ and ‘‘such as’’ to introduce 

lists of examples. DOE considers the 

phrases to be synonymous. Unless 

otherwise specified, DOE’s lists of 

examples are not intended to be 

exhaustive of all possible actions that fit 

within a class of actions. DOE proposes 

generally to use ‘‘including, but not 

limited to,’’ the first time that examples 

are introduced in a provision and ‘‘such 

as’’ for any needed clarification of the 

examples. In order to facilitate 

consistent understanding and 

application of this concept, DOE, 

therefore, proposes changes to the 

following provisions: 1021.410(b)(2), 

A1, A6, A9, A12, B(4), B1.3, B1.5, B1.9, 

B1.10, B1.11, B1.12, B1.13, B1.15, 

B1.16, B1.17, B1.20, B1.21, B1.24, 

B1.27, B1.29, B1.31, B1.32, B2.4, B2.5, 

B3.1, B3.4, B3.6, B3.7, B3.8, B3.9, B3.10, 

B3.11, B3.12, B3.13, B4.4, B4.6, B4.7, 

B4.9, B4.10, B4.11, B5.1, B5.2, B5.3, 

B5.4, B5.5, B5.6, B5.12, B6.1, B6.2, B6.3, 

B6.4, B7.2, C8, C16. 

B.3. In Accordance With Applicable 

Requirements 

DOE proposes to use the phrase ‘‘in 

accordance with applicable 

requirements’’ in several of its 

categorical exclusions for emphasis. 

DOE recognizes that all actions must be 

conducted in accordance with all 

applicable requirements. However, with 

certain categorical exclusions, DOE 

finds it appropriate to refer specifically 

to this requirement, and, further, in 

some cases also to provide one or more 

examples of applicable requirements. By 

referring to a specific requirement, DOE 

does not imply that the requirement is 

relevant to all actions to which the 

categorical exclusion may apply, or that 

the referenced requirement is the only 

one that applies to a proposed action. 

DOE’s proposed wording is intended to 

allow for the evolution of the 

requirements over time. In order to 

facilitate consistent understanding and 

application of this concept, DOE, 

therefore, proposes changes to the 

following provisions: B1.2, B1.3, B1.9, 

B1.16, B1.17, B1.29, B2.5, B3.8, B3.12, 

B5.4, B5.6, B6.1, B7.2. 

B.4. Would Not Have the Potential To 

Cause Significant Impacts 

Appendices A and B contain a 

number of provisions that contain the 

word ‘‘adverse,’’ or the use of ‘‘any’’ or 

‘‘no’’ as descriptors of, or surrogates for, 

impacts. Through this proposed 

rulemaking, DOE proposes to replace 

these terms with ‘‘would not have the 

potential to cause significant impacts’’ 

or a similar construct (for example, 

describing a physical change that serves 

as a surrogate for impacts, such as in 

categorical exclusions B1.18, B3.4, B3.9, 

and B5.2). By the proposed changes, 

DOE’s implementing regulations are 

now clearly aligned with the regulatory 

standard in NEPA. See 40 CFR 1508.4. 

Additionally, by this proposed change, 

DOE seeks to clarify the affected 

provisions and to facilitate consistent 

application. See also 40 CFR 1508.27 

(addressing the meaning of 

‘‘significantly’’ as used in NEPA). 

DOE’s review of the existing 

provisions demonstrated the need for 

clarification and consistency. For 

example, the existing categorical 

exclusion B3.8 requires that the action 

‘‘would not result in any permanent 

change to the ecosystem.’’ A literal 

reading of this categorical exclusion 

would bar its use if there were any 

permanent change to the ecosystem, 

even a change that would not have the 

potential to cause significant impacts. 

DOE acknowledges that this is not what 

NEPA requires and thus DOE proposes 

to rephrase the categorical exclusion to 

incorporate the appropriate NEPA 

standard, phrased as ‘‘would not have 

the potential to cause significant 

impacts on the ecosystem.’’ In order to 

facilitate consistent understanding and 

application of this concept, DOE, 

therefore, proposes changes to the 

following provisions: B(4), B1.5, B1.11, 

B1.18, B1.24, B1.31, B2.3, B3.1, B3.3, 

B3.8, B3.9, B4.6, B5.1, B5.2, B5.12, C8. 

B.5. On DOE Sites/Onsite/Employee 

In recent years, DOE’s proposed 

actions have included more applicant 

proposals, including those for DOE loan 

guarantees, grants, cooperative 

agreements, and other forms of financial 

assistance, particularly for programs 

created under the Energy Policy Act of 

2005, the Energy Independence and 

Security Act of 2007, and the American 

Recovery and Reinvestment Act of 2009. 

In an applicant situation, DOE’s 

proposed action normally would not be 

located on a DOE site, but rather on 

private property or land administered 

by other agencies (e.g., Bureau of Land 

Management). In recognition of DOE’s 

recently expanded activities, DOE is 

proposing, where appropriate, to delete 

references to ‘‘DOE site,’’ ‘‘onsite,’’ or 

‘‘employee’’ from its classes of actions. 

For example, DOE is proposing to 

amend existing categorical exclusion 

B1.13, Pathways, short access roads, and 

rail lines, by deleting ‘‘onsite’’ and 

instead inserting the condition that the 

construction, acquisition, and relocation 

of these linear features be ‘‘consistent 

with applicable right-of-way conditions 

and approved land use or transportation 

improvement plans.’’ The significance of 

environmental impacts resulting from a 

class of actions does not depend on 

whether they occur at DOE sites. 

In order to facilitate consistent 

understanding and application of this 

concept, DOE, therefore, proposes 

changes to the following provisions: 

B1.13, B1.15, B1.29, B1.32, B3.1, B6.10, 

C7, D7. 

B.6. Previously Disturbed or Developed 

Area 

In DOE’s experience, the potential for 

certain types of actions to have 

significant impacts on the human 

environment is generally avoided when 

that action takes place within a 

previously disturbed or developed area, 

i.e., land that has been changed such 

that the former state of the area and its 

functioning ecological processes have 

been altered. Thus, DOE includes a 

requirement in several of its proposed 

provisions that actions be located 

within previously disturbed or 

developed areas. In other instances, the 

existing provision contains a similar 

requirement, and DOE proposes to 

replace the existing language with the 

phrase ‘‘previously disturbed or 

developed area’’ for purposes of internal 

consistency. In order to facilitate 

consistent understanding and 

application of this concept, DOE, 

therefore, proposes changes to the 

following provisions: B1.31, B2.1, B3.6, 

B3.10, B3.12, B4.6, B4.7, B4.8, B4.12, 

B5.1, B5.5, B5.8, B6.10, C4, C11. 

B.7. Small/Small-Scale/Minor/ 

Negligible/Short/Short-Term 

DOE uses adjectives (such as ‘‘small,’’ 

‘‘small-scale,’’ ‘‘minor,’’ ‘‘negligible,’’ 

‘‘short,’’ and ‘‘short-term’’) as limitations 

in a variety of its existing and proposed 

provisions and recognizes that these 

descriptors are subjective. In general, 

DOE did not and does not propose to 

define these terms, and DOE would 

apply a reasonable interpretation to 

such terms within the context of 

individual proposals. The CEQ 

regulations state that ‘‘significantly,’’ as 

used in NEPA, requires consideration of 

context and intensity. See 40 CFR 

1508.27. Likewise, consideration of 

context and intensity is useful when 

interpreting descriptors such as small, 

small-scale, minor, short, and shortterm, in making categorical exclusion 

determinations for proposals. (DOE 

proposes to discontinue the use of the 

word ‘‘negligible.’’) 

For example, in considering whether 

the use of 5–10 acres of land is ‘‘small’’ 


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for a particular proposal, it is reasonable 

to conclude that 5–10 acres of land at a 

large DOE site would likely be 

considered ‘‘small,’’ but 5–10 acres of 

land might not be considered ‘‘small’’ in 

an urban environment. In some 

instances, however, the Department has 

quantified these descriptors because the 

size is more directly linked to impacts. 

For example, DOE categorizes a ‘‘small’’ 

area for outdoor ecological and other 

environmental research as generally less 

than 5 acres in its existing categorical 

exclusion B3.8. Additionally, DOE 

defines ‘‘small’’ water treatment facilities 

as those that have a total capacity of less 

than 250,000 gallons/day in existing 

categorical exclusion B1.26. 

In order to facilitate consistent 

understanding and application of this 

concept, DOE, therefore, proposes 

changes to the following provisions: 

B1.2, B1.13, B1.15, B3.6, B3.8, B4.13, 

B5.1, B5.4, B5.7, C8. 

C. Proposed Changes to Subpart D 

(Other Than Appendices) 

10 CFR 1021.410 Application of 

Categorical Exclusions (Classes of 

Actions That Normally Do Not Require 

EAs or EISs) 

DOE proposes to clarify four 

requirements in 10 CFR 1021.410. First, 

DOE proposes to remove the reference 

to Section 102(2)(E) of NEPA to clarify 

that DOE’s consideration of unresolved 

conflicts concerning alternative uses of 

available resources is independent of 

the need to evaluate alternatives in an 

EA as indicated in Section 102(2)(E) of 

NEPA. 

Second, in 10 CFR 1021.410(b)(3), 

DOE proposes to refer explicitly to the 

requirement that a categorically 

excludable project has not been 

segmented. DOE also proposes to 

change its references to the CEQ 

regulations to clarify consideration of 

potential cumulative impacts (40 CFR 

1508.27(b)(7)), and to clarify that its 

references to 40 CFR 1506.1 and 10 CFR 

1021.211 concern limitations on actions 

during EIS preparation. 

Third, DOE proposes to add site 

preparation and purchase and 

installation of equipment to 10 CFR 

1021.410(d) as examples of activities 

foreseeably necessary to implement 

proposals that are encompassed within 

the class of actions. 

Fourth, DOE proposes to codify its 

policy to document and post online 

appendix B categorical exclusion 

determinations at 10 CFR 1021.410(e), 

consistent with the policy established 

by the Deputy Secretary of Energy’s 

Memorandum to Departmental 

Elements on NEPA Process 

Transparency and Openness, October 2, 

2009. 

D. Proposed Changes to Appendix A— 

General Agency Actions 

For an explanation of recurring 

proposals applicable to the appendix A 

categorical exclusions, please see 

Section IV.B, Recurring Proposals, 

above, where these proposed revisions 

are discussed and where the particular 

provisions affected are listed. The short 

titles listed below for particular 

categorical exclusions reflect DOE’s 

proposed titles. 

A1 Routine DOE Business Actions 

DOE proposes to replace ‘‘agency’’ 

with ‘‘DOE’’ to clarify that this 

categorical exclusion applies only to 

DOE business actions. DOE also 

proposes to limit such actions to 

administrative, financial, and personnel 

actions. 

A7 [Removed and Reserved: Transfer 

of Property, Use Unchanged] 

To increase transparency of DOE’s 

NEPA processes, DOE proposes to 

delete this categorical exclusion and to 

incorporate its key components within 

B1.24, which also addresses property 

transfers, so that any categorically 

excluded property transfers are 

documented and made available to the 

public. (See proposed changes to 10 

CFR 1021.410(e) concerning 

documentation and public availability 

of DOE’s appendix B categorical 

exclusion determinations.) 

In response to DOE’s December 2009 

Request for Information, a commentor 

expressed concern that DOE, in making 

land transfer decisions under existing 

categorical exclusion A7, would be 

‘‘circumventing local authority’’ and 

‘‘normal land use planning and zoning 

processes.’’ See the discussion of 

categorical exclusion B1.24 for DOE’s 

response. 

A9 Information Gathering, Analysis, 

and Dissemination 

DOE proposes to clarify this 

categorical exclusion by providing site 

visits as an additional example of an 

action included within the category. 

A13 Procedural Documents 

DOE proposes to clarify this 

categorical exclusion by providing 

additional examples of actions included 

within the class of actions (e.g., Policies 

and Manuals within the DOE Directives 

System). 

E. Proposed Changes to Appendix B 

For an explanation of recurring 

proposals applicable to the appendix B 

categorical exclusions, please see 

Section IV.B, Recurring Proposals, 

above, where these proposed revisions 

are discussed and the particular 

categorical exclusions affected are 

listed. The short titles listed below for 

particular categorical exclusions reflect 

DOE’s proposed titles. 

Integral Elements of the Classes of 

Actions in Appendix B 

In appendix B(4), DOE proposes to 

clarify its use of ‘‘environmentally 

sensitive resource,’’ defining it as 

‘‘typically a resource that has been 

identified as needing protection through 

Executive Order, statute, or regulation 

by Federal, State, or local government, 

or a Federally recognized Indian Tribe.’’ 

This definition is not intended to, and 

does not, grant, expand, create, or 

diminish any legally enforceable rights, 

benefits, or responsibilities, substantive 

or procedural, not otherwise granted or 

created under existing law. Nor shall 

this language be construed to alter, 

amend, repeal, interpret, or modify 

Tribal sovereignty, any treaty rights of 

any Indian Tribes, or to preempt, 

modify, or limit the exercise of any such 

rights. 

In appendix B(4)(i), DOE proposes to 

add ‘‘Federally recognized Indian Tribe’’ 

to its list of entities that designate 

property as historically, archeologically, 

or architecturally significant. DOE also 

proposes to redefine other 

environmentally sensitive properties as 

‘‘determined to be eligible’’ for listing on 

the National Register of Historic Places 

(rather than the phrase ‘‘eligible for 

listing,’’ which is used in the existing 

provision, but is not the proper 

characterization of an official listing). In 

appendix B(4)(iii), DOE proposes to 

apply the same definition of floodplains 

and wetlands in its NEPA regulations as 

that used in DOE’s floodplain and 

wetland environmental review 

regulations (10 CFR part 1022.4). In 

appendix B(4)(iv), DOE proposes to 

supplement the list of areas having 

special designation with additional 

examples (national monuments and 

scenic areas). In appendix B(4)(v), DOE 

proposes changes to the prime 

agricultural lands listing to conform to 

the terminology of the applicable 

regulation (7 CFR 658.2(a), ‘‘Farmland 

Protection Policy Act: Definitions’’). 

In response to the Department’s 

December 2009 Request for Information, 

one commentor addressed DOE’s list of 

‘‘environmentally sensitive resources’’ in 

appendix B(4). First, the commentor 

indicated that DOE must recognize State 

and Tribal protected or candidate 

species and habitat as equal to Federally 

designated or considered species and 


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habitats. Currently, appendix B(4)(ii) 

includes consideration of State-listed 

endangered and threatened species and 

their habitats, and DOE is proposing to 

add Federally-protected marine 

mammals and Essential Fish Habitat to 

the list of environmentally sensitive 

resources. DOE is not proposing to 

include Tribal protected or candidate 

species and habitat because it is DOE’s 

understanding that Tribes do not have 

the authority to designate species or 

habitat for protection outside of Tribal 

lands. 

Second, the commentor stated that 

‘‘groundwater and aquifers are State, not 

Federal resources’’ and indicated that 

DOE’s regulations must protect and 

preserve all aquifers, and not just solesource aquifers. The commentor further 

stated that adverse impacts to rivers, 

lakes, and bays, among other bodies of 

water, should not be allowed ‘‘unless 

they are specifically covered by a State 

and/or Tribal discharge permit under 

appropriate authority.’’ DOE is not 

proposing a change to the existing 

appendix B(4)(vi), which lists ‘‘special 

sources of water (such as sole source 

aquifers, wellhead protection areas, and 

other water sources that are vital in a 

region)’’ in its list of environmentally 

sensitive resources, because those 

resources are listed as examples and are 

not the only water sources to be 

considered in applying a categorical 

exclusion. Further, the existing 

appendix B(4) includes States and 

Federally recognized Tribes as entities 

with jurisdiction to identify water 

sources needing protection. 

Categorical Exclusions Applicable to 

Facility Operation (B1) 

B1.1 Changing Rates and Prices 

DOE proposes to change this 

categorical exclusion to encompass the 

setting of ‘‘prices’’ as well as ‘‘rates’’ 

(prices apply to products, and rates 

apply to services) and to consider price 

and rate changes instead of only 

increases. DOE proposes to change the 

measure of inflation specified in this 

categorical exclusion from the Gross 

National Product fixed weight price 

index, which the Department of 

Commerce no longer publishes, to the 

implicit price deflator for Gross 

Domestic Product. (See the Technical 

Support Document.) 

B1.2 Training Exercises and 

Simulations 

DOE proposes to provide additional 

examples of training actions (namely, 

small-scale and short-duration force-onforce exercises, and decontamination 

and spill cleanup training), and has 

added the condition that all training 

exercises and simulations be conducted 

under appropriately controlled 

conditions and in accordance with 

applicable requirements. The term 

‘‘force-on-force’’ as used in this 

categorical exclusion refers to activities 

such as assault and defensive team 

exercises conducted by security forces 

or military units, often on parcels of 

DOE property not in use. Exercises that 

test the ability of security forces to 

defend a facility are one common 

example of this type of training. DOE’s 

experience with these types of security 

force and military training actions and 

emergency response training at its sites 

indicates that they fit within the class of 

actions. (See the Technical Support 

Document.) 

B1.3 Routine Maintenance 

DOE proposes to clarify that routine 

maintenance actions may occur as a 

result of nonroutine events (e.g., severe 

weather, such as hurricanes, floods, and 

tornadoes, and wildfires) by adding a 

sentence to that effect in its description 

of routine maintenance. Normally, 

maintenance following a nonroutine 

event would qualify as routine 

maintenance; however, for a nonroutine 

event, the potential for extraordinary 

circumstances is higher (e.g., increased 

exposure to pesticides due to extreme 

runoff). 

DOE proposes to clarify the scope of 

the categorical exclusion by providing 

additional examples of activities. 

Specifically, DOE is proposing to clarify 

that replacement is included in the 

categorical exclusion’s scope under 

items (a), (c), and (e), as well as the 

existing example of repair; to add 

‘‘lighting’’ to those items that can be 

repaired or replaced (item (e)); to add 

‘‘scraping and grading of unpaved 

surfaces’’ to the example of road and 

parking area resurfacing (item (j)); and 

to add the additional example of 

‘‘removal of debris’’ under item (p). 

DOE’s experience with these activities 

has demonstrated that they properly fit 

within this class of actions. 

In response to the Department’s 

December 2009 Request for Information, 

one commentor stated that use of 

pesticides for outdoor or aquatic use 

should not be the subject of a categorical 

exclusion; instead an EA should be 

prepared. The commentor expressed a 

specific concern about the possibility 

for environmental impacts beyond the 

intended application. In existing 

categorical exclusion B1.3, DOE has 

described routine maintenance activities 

including localized vegetation and pest 

control. DOE now proposes to clarify 

that any routine maintenance activities 

would be conducted in a manner in 

accordance with applicable 

requirements. In the case of pesticides 

and other chemicals, for example, the 

proposed change would provide that the 

application would be in accordance 

with the registered and approved uses 

established by appropriate authorities to 

minimize the possibility of 

environmental impacts beyond the 

product’s intended application. 

B1.5 Existing Steam Plants and 

Cooling Water Systems 

DOE proposes to delete the words 

‘‘within an existing building or 

structure,’’ so as to include 

modifications to ponds, which may be 

outdoor components of cooling water 

systems. This proposed expansion of the 

scope of this categorical exclusion 

would address the need for 

improvements to an entire cooling water 

system, rather than only those parts of 

a system associated with structures. 

Based on DOE experience, minor 

improvements would not have the 

potential to cause significant impacts, 

provided the three limitations placed on 

the scale and type of improvements 

listed in the categorical exclusion are 

met. 

DOE also proposes to add minor 

improvements of existing steam plants 

in the scope of the categorical exclusion. 

DOE’s experience is that these actions, 

when subject to the three limitations 

placed on the scale and type of such 

improvements, fit appropriately within 

this class of actions and would not have 

the potential to cause significant 

impacts. 

B1.7 Electronic Equipment 

DOE proposes to update the existing 

categorical exclusion by adding 

examples of current technology and 

equipment that improve operational 

efficiency and stability of the nation’s 

power grid, commonly referred to as 

‘‘smart grid’’ technologies. Based on 

DOE’s experience, such technology and 

equipment (i.e., electricity transmission 

control and monitoring devices for grid 

demand and response) fit within the 

scope of this categorical exclusion. 

B1.9 Airway Safety Markings and 

Painting 

DOE proposes to include repair and 

in-kind replacement of lighting within 

the scope of this categorical exclusion. 

Within the context of this categorical 

exclusion, in-kind replacement is 

defined as replacement that does not 

result in a significant change in the 

expected useful life, design capacity (for 

example, energy output in lumens), 

function, or shielding of existing 


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lighting. The initial installation of such 

lighting would remain ineligible for 

categorical exclusion. In addition, DOE 

proposes to add wind turbines as 

structures similar to transmission lines 

and antenna structures to which the 

exclusion applies. DOE has determined 

that these proposed changes would not 

have the potential to cause significant 

impacts. 

B1.11 Fencing 

DOE proposes to clarify that the 

limitation in this categorical exclusion 

applies to fencing that would have the 

potential to cause significant impacts to 

surface water flow or wildlife 

populations or migration, as opposed to 

individual animal movements. Fencing 

can and probably often does affect 

individual movements, but such 

impacts on individual animals would 

not be considered significant unless the 

context and intensity of the impacts 

would have the potential to cause 

significant impacts to wildlife 

populations or migration. 

B1.12 Detonation or Burning of 

Explosives or Propellants After Testing 

DOE proposes to delete the restriction 

that explosives or propellants must have 

failed in outdoor tests and thus to 

expand the categorical exclusion to 

include explosives or propellants that 

failed in indoor tests. Whether the 

explosives or propellants were tested 

indoors or outdoors, the outdoor 

detonation or burning of those 

explosives or propellants would not 

have the potential to cause significant 

impacts. The phrase ‘‘otherwise not 

consumed in testing’’ refers to excess or 

residual explosive or propellant 

materials that remain after a test is 

completed. DOE also proposes to 

specify one type of permit under the 

Resource Conservation and Recovery 

Act that could be applicable. 

In response to DOE’s December 2009 

Request for Information, one commentor 

requested that DOE specify the amount, 

types, and methods allowed for the 

activities included in this categorical 

exclusion. DOE has determined that the 

limits contained in this categorical 

exclusion do not require quantification 

and is not proposing any changes to the 

categorical exclusion in response to this 

comment. 

B1.13 Pathways, Short Access Roads, 

and Rail Lines 

DOE proposes to expand the scope of 

the categorical exclusion to include 

more projects related to transportation, 

recreation, and fitness (e.g., pedestrian 

walkways and trails, bicycle paths, and 

small outdoor fitness areas). Other 

Federal agencies that have categorical 

exclusions for comparable projects are 

the Bureau of Indian Affairs, the Federal 

Highway Administration, and the 

Department of Homeland Security, and 

the experience of these agencies 

supports DOE’s proposed expansion of 

this categorical exclusion. 

DOE also proposes to include a 

condition in the categorical exclusion 

that the actions be consistent with 

existing rights-of-way and approved 

land use or transportation improvement 

plans. In addition, DOE proposes to 

replace ‘‘railroads’’ with the term ‘‘rail 

lines,’’ adding branch or spur lines as 

examples. DOE’s experience is that the 

construction of rail access to or within 

an existing site has generally occurred at 

a scale that is better characterized by 

these small-scale activities—branch line 

(a secondary rail line which may branch 

off a main line) and spur (a rail track on 

which cars are left for loading, 

unloading, or rail car storage). 

In response to the DOE’s December 

2009 Request for Information, a 

commentor stated that road construction 

or expansion should not be the subject 

of a categorical exclusion. Further, the 

commentor expressed a concern about 

the potential for damage to ‘‘high 

quality, high priority habitat’’ as a result 

of constructing and operating roads and 

that use of such a categorical exclusion 

would limit or circumvent 

consideration of appropriate mitigation 

for habitat disturbance or loss. As 

outlined above, DOE’s proposed 

amendments to categorical exclusion 

B1.13 require the construction, 

acquisition, and relocation of short 

access roads and rail lines to be 

consistent with applicable right-of-way 

conditions and approved land use or 

transportation improvement plans. 

Furthermore, consideration of the 

integral elements in applying this 

categorical exclusion addresses the 

possibility of damage to ‘‘high quality, 

high priority habitat’’ because, among 

other things, one of the 

‘‘environmentally sensitive resources’’ to 

consider in those integral elements is 

habitat for Federally or State-listed 

species. (See the Technical Support 

Document.) 

B1.15 Support Buildings 

DOE proposes to expand the list of 

examples of support buildings and 

support structures to include those for 

‘‘small-scale fabrication (such as 

machine shop activities and modular 

buildings), assembly, and testing of nonnuclear equipment or components.’’ 

Such structures are comparable to, or 

smaller in scale than, other structures 

given as examples in the categorical 

exclusion, and DOE’s experience at DOE 

sites is that siting, construction, and 

operation of these activities normally fit 

within the class of actions. Also, DOE 

proposes to further clarify the scope of 

the categorical exclusion by specifying 

that it excludes facilities for nuclear 

weapon activities. 

B1.19 Microwave, Meteorological, and 

Radio Towers 

DOE proposes to add ‘‘modification,’’ 

‘‘abandonment,’’ and ‘‘removal’’ to the 

list of activities included in this class of 

actions in order to describe the 

complete life cycle of categorically 

excluded towers. In DOE’s experience, 

modification, abandonment, and 

removal of these towers and associated 

facilities, when subject to the 

restrictions in this categorical exclusion, 

would have fewer impacts than 

construction and would not have the 

potential to cause significant impacts. 

DOE proposes to include 

meteorological towers as an additional 

example of applicable facilities within 

this categorical exclusion because DOE 

has determined that the environmental 

impacts resulting from siting, 

construction, modification, operation, 

abandonment, and removal of 

meteorological towers would be similar 

to the impacts from these activities 

relating to microwave and radio towers 

already contained in the scope of the 

existing categorical exclusion. 

DOE proposes to clarify the restriction 

in the existing categorical exclusion, by 

replacing ‘‘great visual value’’ with a 

more objective criteria of 

‘‘governmentally designated scenic area’’ 

and cross-referencing to the relevant 

integral element (appendix B(4)(iv)). 

B1.20 Protection of Cultural 

Resources, Fish and Wildlife Habitat 

DOE proposes to add to the scope of 

this categorical exclusion by referencing 

activities taken to protect cultural 

resources and by including examples of 

those activities (fencing, labeling, or 

flagging). DOE’s Power Marketing 

Administrations often engage in such 

activities for cultural and wildlife 

protection purposes, and these activities 

would not have the potential to cause 

significant impacts. DOE also proposes 

to include a condition in the categorical 

exclusion that the activities would be 

conducted in accordance with an 

existing natural or cultural resource 

plan, if any. 

B1.23 Demolition and Disposal of 

Buildings 

In response to DOE’s December 2009 

Request for Information, one commentor 

questioned whether there should be a 


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size limitation for the activities under 

this categorical exclusion. Further, the 

commentor asked how DOE takes into 

consideration possible contamination 

when applying this categorical 

exclusion. In response to these 

comments, DOE proposes to modify this 

categorical exclusion by adding a 

limitation that these activities could be 

categorically excluded only if there 

would be no potential for release of 

substances at a level, or in a form, that 

could pose a threat to public health or 

the environment. 

The application of this categorical 

exclusion is intended to be based on 

existing data and knowledge about 

historical uses of the area, including 

chemical and other processes employed. 

DOE has extensive experience (former 

Rocky Flats Site, Hanford Site, Idaho 

National Laboratory, and other sites) in 

determining the potential for release of 

harmful substances from activities 

through modeling and safety basis 

authorization documentation. Potential 

hazards are considered before taking 

action (for example, demolition actions), 

and monitoring is conducted, as 

appropriate, to verify that there are no 

harmful releases of radiological or 

hazardous materials. Potential for 

releases can reliably be determined 

through site inventories, the use of wellestablished release models, and 

established best practices. 

B1.24 Property Transfers 

As discussed under categorical 

exclusion A7 (above), DOE proposes to 

delete A7 and incorporate its key 

components, including transfers of 

personal property (equipment and 

materials), within B1.24. By doing this, 

DOE makes categorical exclusion 

determinations for property transfers 

subject to documentation and online 

posting. DOE proposes to remove the 

reference to ‘‘uncontaminated’’ as 

unnecessary given the incorporation of 

the substance of this limitation in the 

revised categorical exclusion. 

DOE proposes to delete the phrases 

‘‘there would not be any lessening in 

quality or increases in volumes, 

concentrations, or discharge rates, of 

wastes, air emissions, or water effluents’’ 

and ‘‘environmental impacts would 

generally be similar to those before the 

transfer’’ as potentially inconsistent. 

DOE proposes to replace these phrases 

with ‘‘there would be no potential for 

release of substances at a level, or in a 

form, that could pose a threat to public 

health or the environment’’ and ‘‘would 

not have the potential to cause a 

significant change in impacts from the 

transfer.’’ Such terminology will, in 

DOE’s experience, ensure that any 

property transfers under this categorical 

exclusion would not have the potential 

to cause significant impacts. 

In response to DOE’s December 2009 

Request for Information, a commentor 

expressed concern that DOE, in making 

land transfer decisions under existing 

categorical exclusion A7, would be 

‘‘circumventing local authority’’ and 

‘‘normal land use planning and zoning 

processes.’’ The potential applicability 

of such authority and processes to a 

potential land transfer would be 

addressed on a case-by-case basis. 

B1.25 Property Transfers for Cultural 

Resources Protection, Habitat 

Preservation, and Wildlife Management 

DOE proposes to include in B1.25 

actions undertaken to protect cultural 

resources. DOE’s Power Marketing 

Administrations often engage in 

property transfers for cultural protection 

purposes. Based on this experience, 

DOE finds property transfers intended 

for protecting cultural resources 

normally would not have the potential 

to cause significant impacts. Further, 

DOE proposes to remove the limitation 

that only associated buildings 

supporting certain purposes are to be 

transferred with property under this 

categorical exclusion, because the 

existing purpose of structures present 

on a property to be transferred for 

wildlife or cultural resource purposes is 

unrelated to environmental impacts 

associated with such transfer. 

Also, for the reasons discussed for 

categorical exclusion B1.24, above, DOE 

proposes to eliminate the references to 

‘‘uncontaminated,’’ but include a 

limitation on actions subject to 

categorical exclusion B1.25, that there 

would be no potential for release of a 

substance at a level or in a form, that 

could pose a threat to public health or 

the environment. 

B1.29 Disposal Facilities for 

Construction and Demolition Waste 

DOE proposes to add ‘‘expansion’’ and 

‘‘modification’’ to the list of activities 

included in this categorical exclusion in 

order to include all aspects of the life 

cycle of the disposal facilities. In DOE’s 

experience, expansion and modification 

actions, when subject to the limitations 

expressed in this categorical exclusion, 

would have fewer impacts than 

construction, and would not have the 

potential to cause significant impacts. 

B1.30 Transfer Actions 

DOE proposes to modify this 

categorical exclusion (based on its 

experience transferring materials and 

equipment) to remove the condition that 

the amounts of materials, equipment, or 

waste being transferred must be ‘‘small 

and incidental’’ to the amount of such 

material at the receiving site. Instead, 

DOE proposes to add a condition that 

the receiving site has existing storage 

capacity and management capability for 

the material. 

In addition, DOE proposes to limit use 

of the categorical exclusion to, as 

appropriate, facilities and operations 

that are already permitted, licensed, and 

approved. That is, this proposed 

categorical exclusion would not apply 

to circumstances where the receiving 

site requires a permit or license 

amendment or variance from its existing 

approvals in order to receive or manage 

the materials, and it also would not 

apply to circumstances where the 

receiving facilities are not yet completed 

and operational. 

DOE has decades of experience 

transporting materials, including 

various types of radioactive materials 

and waste, and has completed NEPA 

reviews of such transportation under 

many different scenarios. DOE NEPA 

reviews of such transfers consistently 

show that these actions would not have 

the potential to cause significant 

impacts. Nevertheless, DOE will 

continue to analyze transportation 

impacts in EAs and EISs where the 

scope of the proposed action presents 

the potential for significant impacts or 

where the proposed action fails to meet 

the conditions contained in this 

categorical exclusion. (See the 

Technical Support Document.) 

B1.31 Installation or Relocation of 

Machinery and Equipment 

DOE proposes several changes to this 

categorical exclusion. DOE proposes to 

add ‘‘installation’’ to the list of actions, 

which is now limited to the ‘‘relocation’’ 

of machinery and equipment; explicitly 

include ‘‘operation’’ of installed or 

relocated machinery and equipment; 

add ‘‘manufacturing machinery’’ in the 

list of examples of machinery and 

equipment; and clarify that the scope of 

the categorical exclusion includes 

modifications to an existing building, 

within or contiguous to a previously 

disturbed or developed area, provided 

that the modifications do not 

appreciably increase the footprint or 

height of the existing building or have 

the potential to cause significant 

changes to the type and magnitude of 

environmental impacts. DOE also 

proposes to delete the restriction that 

uses of the installed or relocated 

equipment be similar to their former 

uses, because it is duplicative of the 

limitation that the actions be consistent 

with the general missions of the 

receiving structure. DOE has determined 


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that these proposed changes would not 

have the potential to cause significant 

impacts. 

In response to DOE’s December 2009 

Request for Information, one commentor 

suggested that DOE categorically 

exclude projects (e.g., residential, 

commercial, and industrial) that involve 

retrofitting or retooling of existing 

structures, provided that the projects do 

not include new construction, disturb 

previously undisturbed areas, or require 

new or significantly modified 

environmental permits. Further, the 

commentor explained that such a 

categorical exclusion would help 

facilitate alternative energy 

manufacturing projects (e.g., batteries, 

solar equipment, and wind turbines) 

that are proposed to be located in 

existing manufacturing/industrial 

facilities and complexes. As described 

above, DOE has proposed several 

changes to this categorical exclusion 

that address these comments. 

B1.32 Traffic Flow Adjustments 

Because DOE proposes to broaden the 

scope of this categorical exclusion to 

include actions off DOE sites (see 

Recurring Proposals, Section IV.B), DOE 

proposes to require that the activities in 

this categorical exclusion occur within 

an existing right-of-way and be 

consistent with approved land use or 

transportation improvement plans. A 

‘‘traffic flow adjustment’’ is a change to 

the flow of traffic on an existing street 

or road. Statewide and Metropolitan 

Transportation Planning processes are 

regulated by the U.S. Department of 

Transportation (23 CFR part 450, 

subparts B and C, respectively) and 

result in approved, legally-binding, 

multiyear plans that stipulate 

transportation actions that may be 

carried out in a given area and over a 

given length of time. 

B1.33 Stormwater Runoff Control 

DOE proposes a new categorical 

exclusion for stormwater runoff control 

practices that reduce stormwater runoff 

and maintain natural hydrology. The 

actions included in the proposed 

categorical exclusion are found in 

Environmental Protection Agency’s 

Guidance No. EPA 841–B–09–001, 

Technical Guidance on Implementing 

the Stormwater Runoff Requirements for 

Federal Projects under Section 438 of 

the Energy Independence and Security 

Act (December 2009). Based on the 

experience of Federal agencies, the 

opinions of subject matter experts, and 

private sector experience developing 

and deploying stormwater runoff 

control and low impact development 

practices, the types of actions included 

in this categorical exclusion are, in most 

cases, mitigation or best management 

practices commonly employed to 

protect surface water quality and to 

reduce erosion associated with runoff. 

DOE has concluded that such activities 

would not have the potential to cause 

significant environmental impacts. (See 

the Technical Support Document.) 

B1.34 Lead-Based Paint 

DOE proposes a new categorical 

exclusion for the containment, removal, 

and disposal of lead-based paint. This 

proposed categorical exclusion is based 

on laws and regulations governing such 

activities for buildings and other 

structures. Use of the proposed 

categorical exclusion would require 

adherence to applicable laws and 

regulations. Further, the creation of this 

categorical exclusion is supported by 

existing lead paint removal categorical 

exclusions from the Environmental 

Protection Agency and the Department 

of the Army. DOE has determined that 

such paint removal actions would not 

have the potential to cause significant 

impacts. (See the Technical Support 

Document.) 

B1.35 Drop-Off, Collection and 

Transfer Facilities for Recyclable 

Materials 

DOE proposes a new categorical 

exclusion for the siting, construction, 

modification, and operation of a 

recycling or compostable material dropoff, collection, and transfer station on or 

contiguous to developed or previously 

disturbed land and in an area where 

such a facility would be consistent with 

existing zoning requirements. The 

Department of Homeland Security and 

the Department of Agriculture’s Rural 

Utilities Service have existing 

categorical exclusions for similar 

facilities. Specifically, Homeland 

Security has a categorical exclusion for 

the recycling of non-hazardous 

materials from routine/operational 

activities, and the Rural Utilities Service 

has a categorical exclusion for the 

construction of facilities for the transfer 

of waste that will be recycled or stored. 

DOE has determined that the limitations 

placed on recycling stations proposed in 

this new categorical exclusion would 

ensure that such actions would not have 

the potential to cause significant 

impacts. (See the Technical Support 

Document.) 

B1.36 Determinations of Excess Real 

Property 

DOE proposes a new categorical 

exclusion for determinations that real 

property is excess to the needs of the 

Department. This proposed categorical 

exclusion includes associated reporting 

of such determinations to the General 

Services Administration and the Bureau 

of Land Management, as appropriate. 

DOE would allow the categorical 

exclusion of reporting of excess 

property, but the actual disposal of real 

property is not included in the scope of 

this proposed categorical exclusion. 

Other Federal agencies (e.g., 

Department of Homeland Security) have 

existing categorical exclusions for 

determinations of excess real property 

and, based on a review of these 

categorical exclusions, DOE has 

determined that it would be conducting 

the same or similar activities under 

similar circumstances. Accordingly, 

DOE has concluded that its activities 

under this proposed categorical 

exclusion would not have the potential 

to cause significant impacts. (See the 

Technical Support Document.) 

Categorical Exclusions Applicable to 

Safety and Health (B2) 

B2.1 Workplace Enhancements 

DOE proposes to clarify that 

improvements to enhance workplace 

habitability may include installation of 

equipment necessary for the 

improvements by adding ‘‘installation’’ 

before its examples of improvements. 

DOE has determined that installation 

and subsequent operation of equipment 

necessary for improvements to 

workplace habitability would not have 

the potential for significant 

environmental impacts. 

B2.2 Building and Equipment 

Instrumentation 

DOE proposes clarifying the scope of 

the existing categorical exclusion by 

providing additional examples of 

instrumentation (water consumption 

monitors and controls). 

B2.4 Equipment Qualification 

DOE proposes to delete the reference 

to DOE Order 5480.6 (‘‘Safety of DOE 

owned Nuclear Reactors’’) because it has 

been cancelled. Actions previously 

encompassed by the Order are still 

performed by DOE and other 

organizations to qualify equipment for 

use and are still appropriate for a 

categorical exclusion, and DOE 

proposes to provide examples of such 

actions. Calibration of sensors and 

diagnostic equipment, crane and liftgear certifications, and high efficiency 

particulate air (‘‘HEPA’’) filter testing 

and certifications, to name a few, are 

activities that DOE proposes to list as 

examples in the categorical exclusion. 

These types of actions have been 

performed routinely by DOE, other 


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Federal agencies, and private entities. In 

DOE’s experience, these activities 

would not have the potential to cause 

significant impacts. 

B2.6 Recovery of Radioactive Sealed 

Sources 

DOE proposes changes to this 

categorical exclusion to better reflect the 

current scope of DOE’s sealed source 

recovery activities. At the time the 

existing categorical exclusion was 

established, the focus of DOE’s efforts 

was primarily the recovery of DOEowned radioactive materials that had 

been loaned or leased, such as to 

universities for research, and a small 

number of sealed sources. DOE later 

established the Off-Site Source Recovery 

Project (OSRP) to reflect an increased 

emphasis on recovery of sealed sources 

from Nuclear Regulatory Commission 

(NRC) and Agreement State licensees in 

response to requests from the NRC and 

other Federal or State agencies. After 

2001, DOE further expanded the scope 

of OSRP to focus on the recovery of 

sources with a wider variety of 

radioisotopes of concern from a public 

health, safety, or national security 

perspective. Due to their high activity 

and portability, many sealed sources 

could be used either individually or in 

aggregate in radiological dispersal 

devices commonly referred to as ‘‘dirty 

bombs.’’ DOE prioritizes the recovery of 

radioactive sealed sources based on 

threat reduction criteria developed in 

coordination with the NRC. DOE’s 

experience with the recovery of more 

than 25,000 radioactive sealed sources 

since 1979 demonstrates that these 

activities are routinely conducted and 

do not have the potential to cause 

significant environmental impact. 

DOE proposes to simplify the existing 

categorical exclusion to address the 

recovery of radioactive sealed sources 

and sealed source-containing devices 

from domestic or foreign locations 

provided that (1) the recovered items are 

transported and stored in compliant 

containers, and (2) the receiving site has 

sufficient existing storage capacity and 

all required licenses, permits, and 

approvals. 

These proposed changes would reflect 

changes in DOE’s source recovery 

activities since the existing categorical 

exclusion was formulated. First, 

recovery activities are no longer limited 

to requests from NRC or other Federal 

or State agencies. DOE also considers 

requests for source recovery from 

foreign governments and private parties, 

including private parties in foreign 

countries. Also, DOE provides financial 

and technical support to third parties 

(principally the Conference of Radiation 

Control Program Directors) for source 

recovery activities. Second, the scope of 

DOE activities is not limited to materials 

or licensees addressed in 10 CFR 

51.22(14). 

The proposed changes also would 

remove the reference to certain items 

that are not sealed sources (such as 

uranium shielding material and 

packaged radioactive waste not 

exceeding 50 curies). DOE has 

determined that the packaging, 

transportation, and storage of these 

types of materials normally would fit 

within categorical exclusion B1.30, 

Transfer actions. (See the Technical 

Support Document.) 

Categorical Exclusions Applicable to 

Site Characterization, Monitoring, and 

General Research (B3) 

B3.1 Site Characterization and 

Environmental Monitoring 

DOE proposes several changes to 

categorical exclusion B3.1. DOE 

proposes to limit the scope of this 

categorical exclusion to terrestrial 

characterization and monitoring, as DOE 

is proposing a new categorical exclusion 

for such actions in salt water and 

freshwater environments (categorical 

exclusion B3.16 below). DOE also 

proposes to limit categorically excluded 

activities to those that would not have 

the potential to cause significant 

impacts from ground disturbance. Based 

on a project description for seismic 

surveying submitted by a commentor in 

response to DOE’s December 2009 

Request for Information, and after 

considering the potential scale of 

seismic surveying projects, DOE 

proposes to also limit the scope of the 

categorical exclusion so as not to 

include large-scale reflection or 

refraction testing with regard to seismic 

techniques. 

One commentor responding to DOE’s 

Request for Information suggested that 

DOE’s list of categorical exclusions 

match all the categorical exclusions 

currently being used by the Bureau of 

Land Management and the U.S. Forest 

Service, particularly for geophysical 

surveys for exploration of geothermal 

resources. Another commentor 

suggested that DOE include a categorical 

exclusion for terrestrial seismic survey 

activities. In response to both 

comments, DOE notes that item (a) of 

the existing B3.1 categorical exclusion 

lists geological, geophysical, and 

geochemical surveying and mapping, 

including seismic surveying, as 

examples of actions in the scope of the 

categorical exclusion. Thus DOE 

determined that it was not necessary to 

propose new categorical exclusions in 

response to these comments. 

DOE proposes to clarify the scope of 

the existing categorical exclusion, 

however, by providing additional 

examples of actions that DOE’s 

experience has demonstrated properly 

fit within this class of actions. In 

response to the suggestion above and 

from another commentor concerning 

geothermal resources, DOE proposes to 

include temperature gradient surveying 

as an example of geophysical surveying 

activities encompassed within item (a). 

DOE also proposes to add underground 

reservoir response testing for item (d). 

The potential impacts of aquifer and 

reservoir response testing are wellknown and normally insignificant; 

underground reservoir response testing 

could help determine, for example, 

whether further study of a reservoir for 

carbon sequestration purposes is 

warranted. DOE also proposes to add 

drilling using truck or mobile-scale 

equipment and modification, use, and 

plugging of boreholes as representative 

examples of small-scale drilling 

activities under item (f). DOE 

experience indicates that these changes 

would not have the potential to cause 

significant impacts. (See the Technical 

Support Document.) 

B3.3 Research Related to Conservation 

of Fish, Wildlife, and Cultural 

Resources 

DOE proposes to modify this 

categorical exclusion to include actions 

undertaken to protect cultural resources. 

These types of actions (such as walking 

a site, visually surveying, and digging 

small, shallow test holes with hand 

tools) are similar to types of actions 

undertaken for wildlife protection and 

would not have the potential to cause 

significant impacts. 

B3.6 Small-Scale Research and 

Development, Laboratory Operations, 

and Pilot Projects 

DOE proposes changes to this 

categorical exclusion for clarity. First, 

DOE proposes to delete the phrase 

‘‘indoor bench-scale research,’’ which 

DOE views as encompassed within 

‘‘small-scale research and development,’’ 

which is more easily understood. DOE 

also proposes to define ‘‘demonstration 

actions’’ in the context of this categorical 

exclusion and the related EA class of 

actions C12 as ‘‘actions that are 

undertaken at a scale to show whether 

a technology would be viable on a larger 

scale and suitable for commercial 

deployment. Demonstration actions 

frequently follow research and 

development and pilot projects that are 

directed at establishing proof of 


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concept.’’ This definition reflects DOE’s 

understanding of the delineation 

between pilot projects and 

demonstration projects that would be 

relevant to the scope of this categorical 

exclusion. 

B3.7 New Terrestrial Infill Exploratory 

and Experimental Wells 

DOE proposes to modify the scope of 

the categorical exclusion. DOE proposes 

to expand the categorical exclusion by 

providing additional examples of 

resources (brine, carbon dioxide, 

coalbed methane, gas hydrate) for which 

exploratory or experimental wells may 

be drilled. For carbon sequestration 

wells, DOE proposes to list examples of 

possible uses, including, but not limited 

to, the study of saline formations, 

enhanced oil recovery, and enhanced 

coalbed methane extraction. DOE also 

proposes to expand the locations where 

the infill wells may be drilled (now only 

in fields with operating wells) to fields 

with properly abandoned wells or 

unminable coal seams. 

DOE proposes to limit this categorical 

exclusion to the terrestrial environment 

and to require that characterization has 

verified a low potential for seismicity, 

subsidence, and contamination of 

freshwater aquifers. 

DOE experience with new infill 

exploratory and experimental (test) oil, 

gas, and geothermal wells continues to 

show that they would not have the 

potential to cause significant impacts. 

DOE experience also shows that the 

potential impacts of infill exploratory 

and test wells for substances such as 

brine, carbon dioxide, coalbed methane, 

and gas hydrate would be similar and 

would not have the potential to cause 

significant impacts under the 

limitations of this proposed categorical 

exclusion. Based on DOE’s experience, 

the proposal to expand the scope of this 

categorical exclusion, subject to the 

proposed additional limitations, would 

not have the potential to cause 

significant impacts. 

DOE is particularly interested in 

receiving comments on the proposed 

revisions to this categorical exclusion. 

B3.8 Outdoor Terrestrial Ecological 

and Environmental Research 

DOE is proposing two new categorical 

exclusions covering small-scale research 

activities in salt water and freshwater 

environments, and those two categorical 

exclusions limit the types of activities 

and their location specifically to protect 

aquatic environments. (See B3.16 for 

research activities in salt water and 

freshwater environments and B5.25 for 

small-scale renewable energy research 

and development and pilot projects in 

salt water and freshwater 

environments.) DOE is therefore 

proposing to clarify that the types of 

covered actions included in B3.8 are 

solely limited to terrestrial 

environments. 

DOE is also proposing to clarify that 

this categorical exclusion includes 

small-scale biomass and biofuels 

research. Given the current focus on the 

development of biomass and biofuel 

production and the need for proof of 

concept research in this area, DOE 

proposes to state explicitly that small 

test plots for energy-related biomass or 

biofuels research (including the use of 

genetically engineered plants) are 

within the scope of this categorical 

exclusion. 

Research using genetically engineered 

plants to be grown specifically for 

biomass production has reached the 

point where field tests are being 

performed outdoors for proof of concept 

purposes. At the same time, residues 

from biotechnology crops such as corn 

and soybeans are being tested as 

feedstocks for biofuel production. Such 

plants are currently regulated by the 

U.S. Department of Agriculture and 

these existing regulatory regimes have 

analyzed the environmental impacts 

resulting from the experimental and 

commercial growth of these crops, so 

there is no need for DOE to analyze 

separately these impacts to show their 

insignificance. DOE has determined that 

a categorical exclusion would be 

appropriate for small field tests, 

provided that the applicant already has 

all the necessary authorizations from the 

U.S. Department of Agriculture and 

received all necessary permissions to 

proceed with the trial. (See the 

Technical Support Document.) 

B3.9 Projects To Reduce Emissions 

and Waste Generation 

This categorical exclusion was 

initially created for demonstration 

actions under DOE’s Clean Coal 

Technology Demonstration Program. 

However, after many years of experience 

with projects that reduce emissions and 

waste generation at existing fossil fuel 

facilities and, more recently, at 

alternative energy facilities, DOE is 

proposing modifications to the 

categorical exclusion for these activities 

regardless of whether or not they are 

part of DOE’s Clean Coal Technology 

Demonstration Program. Specifically, 

DOE is proposing to expand the scope 

of this categorical exclusion to include 

projects to reduce emissions and waste 

generation at alternative fuel (e.g., 

biomass) facilities, in addition to fossil 

fuel facilities. As a result, DOE is 

proposing conforming revisions 

throughout this categorical exclusion 

(e.g., replacing ‘‘coal’’ with ‘‘fuel’’). 

Further, DOE proposes to define fuel to 

include ‘‘coal, oil, natural gas, hydrogen, 

syngas [synthesis gas], and biomass,’’ 

and specifically to exclude nuclear 

fuels. 

Based on its experience with these 

activities, DOE has found that projects 

that demonstrate ways to reduce 

emissions and waste generation at 

existing fossil or alternative fuel 

combustion or utilization facilities 

would not have the potential to cause 

significant impacts. (See the Technical 

Support Document.) DOE also proposes 

to remove from categorical exclusion 

B3.9(a) the 20 percent limitation on test 

treatment of the throughput product 

(solid, liquid, or gas) generated at 

existing, fully operational fuel 

combustion or utilization facilities. 

Although test treatment on a fraction of 

the throughput product (sometimes 

referred to as ‘‘slipstream testing’’) may 

be helpful in evaluating new treatment 

technologies, DOE experience shows 

that test treatment of the entire 

throughput product stream may be 

needed to provide an adequate 

demonstration of the commercial 

viability of technologies that could 

reduce emissions from existing 

facilities. DOE analyses and experience 

show that such test treatment normally 

would not have the potential to cause 

significant impacts under the 

limitations of this categorical exclusion. 

Further, DOE proposes to remove 

from B3.9(c) the two-year limitation on 

the addition or replacement of 

equipment for reduction or control of 

sulfur dioxide, oxides of nitrogen, or 

other regulated substances at existing 

facilities. In DOE’s experience, the 

potential for significant impacts of such 

projects does not depend on the 

duration of the demonstration. 

Moreover, two years may be too short a 

period of time for an adequate 

demonstration of equipment whose 

continued use is likely to be beneficial. 

In addition to the provisions of 

B3.9(c), DOE proposes explicitly to 

include the addition or modification of 

equipment for capture and control of 

carbon dioxide or other regulated 

substances, provided that adequate 

infrastructure is in place to manage such 

substances. The use of such equipment 

offers the potential for environmental 

benefits by providing needed 

information on the costs, operability, 

and reliability of capture technologies 

that could enable their future 

deployment in existing conventional 

coal and other fuel utilization facilities. 

DOE’s knowledge and experience with 

the physical or chemical unit processes 


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that could capture carbon dioxide at 

existing facilities show such processes 

would not have the potential to cause 

significant impacts under the conditions 

specified in the proposed modification 

of this categorical exclusion. 

B3.10 Particle Accelerators 

DOE proposes to modify this 

categorical exclusion by more clearly 

specifying the operating parameters for 

particle accelerators. This categorical 

exclusion currently has only one 

limiting parameter (primary beam 

energy less than approximately 100 

million electron volts (MeV)). DOE’s 

proposed modification would provide 

two additional limiting parameters 

(average beam power less than 

approximately 250 kilowatts (kW) and 

average current of 2.5 milliamperes 

(mA)). The voltage would be allowed to 

increase, as long as the resulting average 

current was 2.5 mA. Such result could 

be accomplished by lowering the power 

(wattage). Alternately, the wattage could 

increase if voltage decreased to result in 

an average current of 2.5 mA. DOE has 

determined that the use of three 

parameters will provide flexibility in 

the application of the categorical 

exclusion, but the actions still would 

not have the potential to cause 

significant impacts. (See the Technical 

Support Document.) 

B3.11 Outdoor Tests and Experiments 

on Materials and Equipment 

Components 

The existing categorical exclusion 

precludes DOE from categorically 

excluding outdoor burn, impact, drop, 

puncture, and similar tests involving 

radiological sources, whether or not 

they were encapsulated. Because 

encapsulated sources can be used safely 

in these types of tests, DOE proposes to 

expand the scope of the categorical 

exclusion to cover their use under 

certain conditions. Specifically, DOE is 

proposing that nondestructive actions 

such as detector/sensor development 

and testing and first responder field 

training, using encapsulated sources 

that contain source, special nuclear, or 

byproduct materials, be included in the 

scope of this categorical exclusion. DOE 

experience demonstrates that such 

activities can be done safely and would 

not have the potential to cause 

significant impacts. 

B3.14 Small-Scale Educational 

Facilities 

DOE proposes a new categorical 

exclusion for the siting, construction or 

modification, operation, and 

decommissioning of small-scale 

educational facilities, including, but not 

limited to, conventional teaching 

laboratories, libraries, classroom 

facilities, auditoriums, museums, 

visitors centers, exhibits, and associated 

offices within or contiguous to a 

previously disturbed or developed area 

(where active utilities and currently 

used roads are readily accessible). Based 

on DOE’s experience, and supported by 

past NEPA analyses, such activities, 

under the limitations provided, would 

not have the potential to cause 

significant impacts. (See the Technical 

Support Document.) 

B3.15 Small-Scale Indoor Research 

and Development Projects Using 

Nanoscale Materials 

DOE proposes a new categorical 

exclusion for the siting, construction, or 

modification, operation, and 

decommissioning of facilities for indoor 

small-scale research and development 

and small-scale pilot projects using 

nanoscale materials, in accordance with 

applicable requirements necessary to 

ensure the containment of any 

biohazardous materials. Construction or 

modification would be within or 

contiguous to an already developed area 

(where active utilities and currently 

used roads are readily accessible). This 

proposed categorical exclusion includes 

activities that are already in the scope 

of B3.6 (Small-scale research and 

development, laboratory operations, and 

pilot projects); however, as part of its 

rulemaking effort, DOE finds it 

appropriate to propose a categorical 

exclusion that specifically addresses 

nanoscale activities. 

DOE has extensive small-scale or 

laboratory-scale experience working 

with engineered (intentionally created, 

rather than natural or incidentally 

formed) nanoscale materials. For 

example, DOE is participating in 

interagency workgroups, such as the 

National Nanotechnology Initiative 

(http://www.nano.gov/html/about/ 

home_about.html), that seek to promote 

responsible research and development 

of nanotechnology, ensure that the 

important benefits to environmental 

protection that nanotechnology may 

offer are realized, and better understand 

any potential risks from exposure to 

nanomaterials in the environment. DOE 

conducts basic research and 

development that supports the National 

Nanotechnology Initiative at its 

nanoscale research centers, in 

accordance with DOE Policy 456.1 (DOE 

P 456.1, Secretarial Policy Statement on 

Nanoscale Safety), and best management 

practices and policies that ensure 

protection of workers and the 

environment, such as DOE Nanoscale 

Science Research Centers: Approach to 

Nanomaterials ES&H, (Rev3a, May 2008) 

(‘‘Approach to Nanomaterial ES&H’’) 

(http://orise.orau.gov/ihos/ 

Nanotechnology/ 

nanotech_DOE_Nanoscale_SC.html). As 

explained in ‘‘Approach to Nanomaterial 

ES&H,’’ ‘‘laboratory-scale’’ research 

excludes those activities whose function 

is to produce commercial quantities of 

materials, as defined in 29 CFR 

1910.1450(b)(2), ‘‘Occupational 

Exposure to Hazardous Chemicals in 

Laboratories, Definitions.’’ 

Laboratory-scale experimentation 

with nanoscale materials has been the 

subject of four DOE EAs, in which the 

Department has analyzed the 

construction and operation of 

nanomaterials facilities. DOE has 

determined that, with appropriate 

controls in place (as specified in the 

proposed categorical exclusion and 

described above), these activities would 

not have the potential to cause 

significant impacts. (See the Technical 

Support Document.) 

DOE is particularly interested in 

receiving comments on this proposed 

categorical exclusion. 

B3.16 Research Activities in Salt 

Water and Freshwater Environments 

DOE proposes a new categorical 

exclusion for small-scale, temporary 

surveying, site characterization, and 

research actions to be performed in salt 

water and freshwater environments. 

DOE proposes limiting the actions 

covered by this categorical exclusion to 

the acquisition of rights-of-way, 

easements, and temporary use permits; 

data collection, environmental 

monitoring, and nondestructive research 

programs; resource evaluation activities; 

collection of various types of data and 

samples; installation of monitoring and 

recording devices; installation of 

equipment for flow testing of existing 

wells; and ecological and environmental 

research in a small area. 

DOE proposes specifically to exclude 

the construction or installation of 

permanent facilities or devices and to 

exclude the drilling of resource 

exploration or extraction wells. In 

addition, DOE has included several 

limits on the type, scope, and location 

of covered actions to protect the aquatic 

environment from potential significant 

impacts. 

DOE proposes to limit the covered 

actions in this categorical exclusion 

through the following conditions. 

Covered actions under this categorical 

exclusion would be conducted in 

accordance with, where applicable, an 

approved spill prevention, control, and 

response plan, and would incorporate 

appropriate control technologies and 


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best management practices. 

Furthermore, none of the above 

activities would occur within the 

boundary of an established marine 

sanctuary or wildlife refuge, a 

governmentally proposed marine 

sanctuary or wildlife refuge, or a 

recognized area of high biological 

sensitivity, or outside those areas if the 

activities would have the potential to 

cause significant impacts within those 

areas. Additionally, no permanent 

facilities or devices would be 

constructed or installed. The categorical 

exclusion also lists other factors, 

specific to aquatic environments, to be 

considered by proponents of covered 

actions before applying this categorical 

exclusion to ensure that the activities 

would not have the potential to cause 

significant impacts. 

DOE has determined that, subject to 

the proposed limitations, the activities 

would not have the potential to cause 

significant impacts. DOE is particularly 

interested in receiving comments on 

this categorical exclusion due to 

heightened sensitivity to activities in 

the salt water environment in light of 

recent oil-related incidents. (See the 

Technical Support Document.) 

Categorical Exclusions Applicable to 

Power Resources (B4) 

DOE proposes to make a number of 

recurring changes to the categorical 

exclusion provisions applicable to 

power resources. In reference to adding 

electric power resources (such as wind 

farms) into an electric power system, 

DOE proposes to use the term 

‘‘interconnection’’ rather than the term 

‘‘integration’’ now used in its existing 

classes of actions. ‘‘Interconnection’’ is 

the current term used in the electric 

transmission field for such actions. 

DOE, therefore, proposes changes to the 

following provisions: B4.1, B4.11, 

B4.12, B4.13. 

DOE proposes to delete references to 

‘‘main transmission system’’ in its 

existing classes of actions as 

unnecessary because DOE actions 

would only apply to its own 

transmission system. DOE, therefore, 

proposes changes to the following 

provisions: B4.11, B4.12. 

DOE proposes to add pipeline rightsof-way as locations where actions could 

occur that are now categorically 

excluded or proposed for categorical 

exclusion in previously developed or 

disturbed transmission line rights-ofway. The impacts from siting, 

constructing, operating, or 

decommissioning actions in these linear 

rights-of-way are essentially similar. 

DOE, therefore, proposes changes to the 

following provisions: B4.7, B4.12. (DOE 

also proposes a similar change to EA 

class of actions C4.) 

B4.1 Contracts, Policies, and 

Marketing and Allocation Plans for 

Electric Power 

DOE proposes to simplify the 

description of the scope of this 

categorical exclusion, without changing 

the scope. The categorical exclusion 

would still apply to electric power 

contracts, policies, and plans that do not 

involve a new generation resource and 

do not involve changes in the normal 

operating limits of existing generation 

resources. DOE proposes to delete the 

existing reference to ‘‘excess electric 

power’’ as unnecessary as it simply 

applies to power that is available for 

transmission. DOE is proposing changes 

to its corresponding classes of actions 

for EAs (C7) and EISs (D7), as discussed 

below in Section IV.F and IV.G, 

respectively. 

DOE is particularly interested in 

receiving comments on the proposed 

revisions to this categorical exclusion. 

B4.4 Power Marketing Services and 

Activities 

DOE proposes to clarify this 

categorical exclusion by adding ‘‘power 

management activities’’ to its existing 

categorical exclusion for power 

marketing services to indicate that the 

activities that are appropriately 

categorically excluded do not 

necessarily need to be taken in the 

context of marketing power. The 

existing categorical exclusion was 

established based on the experience of 

DOE’s power marketing administrations, 

but has been appropriately applied 

recently by other elements of the 

Department, for example, in evaluating 

actions under the American Recovery 

and Reinvestment Act. The proposed 

change would provide transparency to 

DOE’s application of this categorical 

exclusion, and DOE has determined that 

the covered actions would not have the 

potential to cause significant impacts. 

B4.6 Additions and Modifications to 

Transmission Facilities 

DOE proposes to add ‘‘load shaping 

projects (such as the installation and use 

of flywheels and battery arrays)’’ to the 

list of example actions in this 

categorical exclusion. With the wider 

deployment and accompanying 

improvement in load shaping 

technologies, DOE’s experience 

indicates that these actions fit within 

the scope of this categorical exclusion. 

B4.7 Fiber Optic Cable 

DOE proposes that certain actions 

associated with adding fiber optic cable 

to transmission facilities (such as vaults 

and pulling and tensioning sites) be 

within the scope of this categorical 

exclusion with certain limitations. DOE 

has found that it is often necessary to 

place vaults and pulling and tensioning 

sites outside of rights-of-way. DOE has 

determined that, if vaults or such sites 

are in nearby previously disturbed or 

developed areas, they would not have 

the potential to cause significant 

environmental impact. 

B4.9 Multiple Use of Transmission 

Line Rights-of-Way 

DOE proposes to add examples of 

crossing agreements affecting a 

transmission facility’s rights-of-way that 

DOE has determined are in the scope of 

this categorical exclusion, namely 

natural gas pipelines, communications 

cables, and roads. 

B4.10 Removal of Electric 

Transmission Lines and Substations 

DOE proposes to add ‘‘abandonment’’ 

and ‘‘restoration’’ of rights-of-way to the 

list of activities in this categorical 

exclusion, because DOE has determined 

that these actions, which generally 

follow the removal of electric 

transmission lines and substations, 

would not have the potential to cause 

significant impacts. 

B4.11 Electric Power Substations and 

Interconnection Facilities 

DOE proposes to add interconnection 

facilities to its categorical exclusion for 

construction or modification of electric 

power substations because the facilities 

have similar equipment and function. 

Substations switch, step down, or 

regulate voltage of electricity being 

transmitted, and may serve as controls 

and transfer points on a transmission 

system; interconnection facilities add 

electric power resources to transmission 

systems through similar functions. 

DOE proposes that actions under this 

categorical exclusion, instead of being 

limited to those that do not interconnect 

a new generation resource (under the 

existing categorical exclusion), be 

limited to interconnecting new 

generation resources that meet two 

conditions: The new generation 

resource (1) would be eligible for 

categorical exclusion under the DOE 

NEPA regulations (that is, under 

proposed categorical exclusions for 

combined heat and power or 

cogeneration systems (B5.14), solar 

energy (B5.16 and B5.17), wind energy 

(B5.18), biomass power plants (B5.20), 

methane gas recovery and utilization 

systems (B5.21) and drop-in 

hydroelectric systems (B5.24)), and (2) 

would be equal to or less than 50 


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average megawatts (which is considered 

a major resource under the Northwest 

Power Act). 

DOE is also proposing to delete 

actions regarding construction, 

upgrading, or rebuilding transmission 

lines from this categorical exclusion 

because substation actions do not 

necessarily involve transmission line 

actions. Categorically excluded 

transmission line actions are addressed 

in proposed B4.12 and B4.13. 

DOE is proposing to delete the 

restriction that facilities under this 

categorical exclusion be limited to no 

more than 230 kilovolts because DOE 

has determined that voltage of a 

substation or interconnection facility is 

not a determinant of the potential for 

significant environmental impacts. 

In response to the Department’s 

December 2009 Request for Information, 

one commentor suggested that DOE 

categorically exclude modifications and 

upgrades to existing substations to 

accommodate electricity generated from 

renewable energy sources, to the extent 

that an upgrade does not increase the 

overall capacity of the substation or the 

disturbed areas associated with the 

substation, noting that additional 

capacity is needed at substations 

throughout the electric grid. DOE notes 

that it is proposing to delete the 

restriction that facilities under this 

categorical exclusion be limited to no 

more than 230 kilovolts. 

DOE is particularly interested in 

receiving comments on the proposed 

revisions to this categorical exclusion. 

B4.12 Construction of Transmission 

Lines 

DOE proposes to incorporate within 

the scope of categorical exclusion B4.12 

an action currently addressed in the 

existing categorical exclusion B4.11, 

that is ‘‘relocation of existing electric 

transmission lines approximately 20 

miles in length or less.’’ By doing so, 

transmission line construction and 

rebuilding activities will be 

consolidated in categorical exclusions 

B4.12 and B4.13, rather than also 

included in categorical exclusion B4.11, 

which predominantly relates to 

substations and interconnection 

facilities. DOE’s long-term experience 

with electric transmission line 

construction indicates that the 

approximately 10-mile limit for 

categorical exclusion of transmission 

line construction outside of a previously 

disturbed or developed right-of-way, 

and the approximately 20-mile limit for 

categorical exclusion of transmission 

line in a previously disturbed right-ofway, have been reliable guides to the 

appropriate level of NEPA review for 

the actions. 

DOE proposes that actions under this 

categorical exclusion, instead of being 

limited to those that do not interconnect 

a new generation resource (as under the 

existing categorical exclusion), be 

limited to interconnecting new 

generation resources that meet the two 

conditions discussed with respect to 

categorical exclusion B4.11. 

In response to the Department’s 

December 2009 Request for Information, 

one commentor suggested that the 

addition of transmission lines to 

existing transmission line or pipeline 

rights-of-way be categorically excluded. 

The commentor noted that additional 

transmission capacity is required to 

move electricity generated by renewable 

resources to population centers and that 

adding that capacity in an existing rightof-way will have very little 

environmental impact. DOE agrees and 

does not restrict the addition of 

transmission lines to an existing 

transmission or pipeline right-of-way if 

the limitations specified in the 

categorical exclusion are met. 

DOE is particularly interested in 

receiving comments on the proposed 

revisions to this categorical exclusion. 

B4.13 Upgrading and Rebuilding 

Existing Transmission Lines 

DOE proposes to continue to 

categorically exclude the upgrading and 

rebuilding of existing transmission lines 

of approximately 20 miles in length or 

less (including minor relocations of 

small segments of such lines), as under 

the existing categorical exclusion B4.13. 

DOE also proposes to categorically 

exclude the use of the upgraded or 

rebuilt lines for the interconnection of 

new generation resources that meet the 

two conditions discussed with respect 

to categorical exclusion B4.11. Further, 

DOE proposes to delete the purposes for 

which minor relocations of the existing 

line may occur. 

DOE is particularly interested in 

receiving comments on the proposed 

revisions to this categorical exclusion. 

Categorical Exclusions Applicable to 

Conservation, Fossil, and Renewable 

Energy Activities (B5) 

B5.1 Actions To Conserve Energy or 

Water 

In B5.1, DOE proposes four types of 

changes to the existing categorical 

exclusion: (1) Adding examples to better 

represent the type of energy 

conservation actions, including those 

for which DOE provides financial 

assistance, that fall within the scope of 

this categorical exclusion, (2) adding 

actions to conserve water, (3) deleting 

reference to renewable energy research 

and development because DOE is 

proposing separate categorical 

exclusions for those actions (under 

B5.15 and B5.25 below), and (4) 

including new B5.1(b). 

In B5.1(a), DOE proposes to clarify the 

scope of the categorical exclusion by 

providing additional examples of 

conservation actions similar in nature to 

the existing examples, such as 

weatherization, energy efficiency for 

vehicles and transportation (such as 

fleet change out), power storage (such as 

flywheels and batteries, generally less 

than 10 MW), and transportation 

management systems (such as traffic 

signal control systems). DOE’s 

experience with these proposed covered 

actions demonstrate that they fit within 

the scope of the categorical exclusion. In 

addition, to ensure that the categorical 

exclusion would not encompass actions 

with potentially significant impacts on 

the human environment, DOE proposes 

to clarify that the actions include 

building renovations or new structures, 

provided that they occur in a previously 

disturbed or developed area. Also, DOE 

proposes to clarify that the categorical 

exclusion could also involve actions in 

the academic or institutional sectors. 

In B5.1(b), DOE proposes to include 

rulemakings that establish energy 

conservation standards in the scope of 

this categorical exclusion. DOE has 

prepared numerous EAs and FONSIs for 

rulemakings that establish energy 

conservation standards for consumer 

products and industrial equipment and 

has determined that, within the 

limitations on the scope of actions that 

could be taken under the proposed 

categorical exclusion, establishment of 

such standards would not have the 

potential to cause significant impacts. 

The limitations on scope of actions 

concern changes in manufacturing 

infrastructure, uses of available 

resources, disposal, and energy 

consumption. (See the Technical 

Support Document.) 

DOE is particularly interested in 

receiving comments on B5.1(b) of this 

categorical exclusion. 

B5.2 Modifications to Pumps and 

Piping 

DOE proposes to broaden the scope of 

this categorical exclusion by not 

limiting it to oil, gas, and geothermal 

facilities, but by providing examples of 

materials that could be conveyed by 

pump and piping configurations (that is, 

by adding as examples, air, brine, 

carbon dioxide, produced water, steam, 

and water to the currently listed 

materials). DOE also proposes to clarify 


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that the existing reference to ‘‘gas’’ 

includes natural gas, hydrogen gas, and 

nitrogen gas. DOE has determined that 

the environmental impacts resulting 

from modifications to pump and piping 

configurations on systems conveying 

such materials would be similar to 

impacts from modifications to the pump 

and piping configurations on systems 

carrying the existing categorically 

excluded materials. DOE’s experience 

with these materials has demonstrated 

that modifying such pump and piping 

configurations would not have the 

potential to cause significant impacts. 

B5.3 Modification or Abandonment of 

Wells 

DOE proposes to broaden the scope of 

this categorical exclusion for storage 

and injection wells by not limiting the 

wells to those for oil, brine, geothermal, 

and gas wells, but by adding these wells 

as examples: Carbon dioxide, coalbed 

methane, and gas hydrate wells. DOE’s 

experience has demonstrated that 

actions associated with the modification 

and abandonment (including plugging) 

of carbon dioxide and similar wells 

normally do not have the potential to 

cause significant impacts. DOE is 

proposing to limit use of the categorical 

exclusion to situations where there is 

low potential for seismicity, subsidence, 

and contamination of freshwater 

aquifers and where the actions are 

otherwise consistent with best practices 

and DOE protocols, including those that 

protect against uncontrolled releases of 

harmful materials. DOE is also 

proposing to clarify that ‘‘gas’’ in the 

existing categorical exclusion refers to 

natural gas. 

B5.4 Repair or Replacement of 

Pipelines 

DOE proposes to broaden the scope of 

this categorical exclusion by not 

limiting it to actions including oil, 

produced water, brine, and geothermal 

pipelines, but also to exclude repair and 

replacement actions on pipelines 

carrying materials similar in nature 

(such as air, carbon dioxide, hydrogen 

gas, natural gas, nitrogen gas, steam, and 

water). In DOE’s experience, the 

conveyance of the proposed additional 

materials similar to those currently 

categorically excluded normally does 

not pose a potential to cause significant 

impacts. DOE also proposes to clarify 

that upgrading, rebuilding, and minor 

relocation may be involved in repair or 

replacement of pipelines. Further, DOE 

proposes to list Army Corps of Engineer 

permits as one type of requirement that 

may apply to these actions, while also 

acknowledging that there may be others. 

B5.5 Short Pipeline Segments 

DOE proposes to broaden the scope of 

this categorical exclusion by not 

limiting it to oil, steam, geothermal or 

natural gas resources, but by providing 

additional examples (air, brine, carbon 

dioxide, hydrogen gas, nitrogen gas, 

produced water, and water) of materials 

potentially conveyed by pipeline 

segments under this categorical 

exclusion. The potential impacts 

resulting from pipelines conveying the 

additional materials would be similar to 

those from the existing categorically 

excluded materials. DOE’s experience 

conveying these materials has 

demonstrated that they would not have 

the potential to cause significant 

impacts. 

DOE further proposes to remove the 

limitation that pipelines must be within 

a single industrial complex. DOE 

proposes to remove that limitation 

because potential impacts do not 

depend on whether the action is 

conducted within an arbitrary 

boundary. DOE is therefore proposing to 

replace the reference to ‘‘DOE facilities’’ 

with references to ‘‘existing source 

facilities’’ and ‘‘existing receiving 

facilities.’’ Categorically excluded 

actions are limited to short pipelines, 

which DOE proposes be generally less 

than 20 miles in length in previously 

developed or disturbed areas. 

B5.6 Oil Spill Cleanup 

DOE is proposing to clarify that the 

National Oil and Hazardous Substances 

Pollution Contingency Plan is not 

necessarily the only applicable 

requirement for oil spill cleanup by 

making this an example of an applicable 

requirement. 

B5.7 Import or Export Natural Gas, 

With Operational Changes 

DOE proposes to add disapprovals to 

the current scope (approvals) for 

consistency with existing classes of 

actions C13, D8, and D9. 

B5.8 Import or Export Natural Gas, 

With New Cogeneration Powerplant 

DOE proposes to add disapprovals to 

the current scope (approvals) for 

consistency with existing classes of 

actions C13, D8, and D9. DOE proposes 

to include in the scope of this 

categorical exclusion pipelines 

generally less than 20 miles in length in 

previously disturbed or developed 

rights-of-way. 

B5.10 Certain Permanent Exemptions 

for Existing Electric Powerplants 

DOE proposes to delete two references 

to provisions of the Powerplant and 

Industrial Fuel Use Act as those 

provisions have been deleted from the 

Act. 

B5.12 Workover of Existing Wells 

DOE proposes to broaden the scope of 

this categorical exclusion by not 

limiting it to oil, gas, and geothermal 

wells, but by providing additional 

examples (brine, carbon dioxide, 

coalbed methane and gas hydrate) of 

wells that could be restored to 

functionality. DOE’s experience with 

these materials has demonstrated that 

the potential impacts would be similar 

in nature to the impacts of wells using 

materials named in the existing 

categorical exclusion and that workover 

of such wells would not have the 

potential to cause significant impacts. In 

addition, DOE is proposing to limit use 

of the categorical exclusion to situations 

where there is low potential for 

seismicity, subsidence, and 

contamination of freshwater aquifers, 

and where the actions are otherwise 

consistent with best practices and DOE 

protocols, including those that protect 

against uncontrolled releases of harmful 

materials. DOE is also proposing to 

clarify that ‘‘gas’’ in the existing 

categorical exclusion refers to ‘‘natural 

gas.’’ 

B5.13 Experimental Wells for the 

Injection of Small Quantities of Carbon 

Dioxide 

DOE proposes a new categorical 

exclusion for experimental wells for the 

injection of small quantities of carbon 

dioxide in locally characterized 

geologically secure storage formations at 

or near existing carbon dioxide sources. 

The activities encompassed in the new 

proposed categorical exclusion are 

intended to help determine the 

suitability of geological formations for 

large-scale sequestration, as information 

from small-scale projects can be used to 

ensure that commercial-scale projects 

can be conducted safely and in an 

environmentally sound manner. 

The proposed categorical exclusion is 

supported by DOE’s National Energy 

Technology Laboratory’s experience 

with carbon sequestration wells, 

through DOE-directed research projects 

and collaboration with the nationwide 

network of regional carbon 

sequestration partnerships tasked with 

determining the best technologies for 

carbon capture, storage, and 

sequestration. Through this work, DOE 

has gained substantial experience with 

small-scale carbon sequestration, 

showing that these projects can be 

managed safely and would not have the 

potential to cause significant impacts. In 

addition, the proposed categorical 

exclusion is supported by FONSIs for 


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three DOE EAs for projects with scales 

ranging up to one million tons of carbon 

dioxide over the lifetime of the project 

(typically one to four years). 

Based on experience with small-scale 

projects, DOE proposes that the 

injection of carbon dioxide under this 

categorical exclusion be limited to, in 

aggregate, less than 500,000 tons over 

the duration of a project. In addition, 

DOE also proposes a number of 

conditions that the project must meet in 

order for the activity to be categorically 

excluded. For example, the proposed 

categorical exclusion would require that 

characterization has verified a low 

potential for seismicity, subsidence, and 

contamination of freshwater aquifers. 

DOE’s proposed limitations will ensure 

that injection of carbon dioxide at this 

scale would not have significant 

impacts. (See the Technical Support 

Document.) 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion, including the limit of 

500,000 tons of carbon dioxide over the 

duration of the project. 

B5.14 Combined Heat and Power or 

Cogeneration Systems 

DOE proposes a new categorical 

exclusion for the conversion to, and 

replacement or modification of, 

combined heat and power or 

cogeneration systems at existing 

facilities provided that the action would 

not have the potential to cause a 

significant increase in the quantity or 

rate of air emissions and would not have 

the potential to cause significant 

impacts to water resources. 

DOE has determined that combined 

heat and power or cogeneration system 

activities under this categorical 

exclusion, when subject to the proposed 

limitations, would not have the 

potential to cause significant impacts 

because (1) these systems would be 

modifications to existing systems, and 

thus generally would not involve more 

than minor changes to facility footprints 

and do not involve major new 

construction, and (2) these systems 

would improve operating efficiency 

(such as making use of otherwise waste 

heat) and thus would be designed to 

lessen potential impacts. 

B5.15 Small-Scale Renewable Energy 

Research and Development and Pilot 

Projects 

As part of DOE’s proposal to clarify 

and focus existing categorical exclusion 

B5.1 on energy efficiency and 

conservation actions (including research 

and development-related actions), DOE 

proposes a separate categorical 

exclusion for small-scale renewable 

energy research and development and 

pilot projects. In doing so, DOE 

proposes to limit the covered actions to 

those in previously disturbed and 

developed areas and to emphasize that 

such actions would be in accordance 

with applicable requirements and 

incorporate appropriate controls and 

practices. See also B5.25 for small-scale 

renewable energy research and 

development and pilot projects in salt 

water and freshwater environments. 

In addition, this proposal is 

responsive to a commentor’s suggestion 

to have a categorical exclusion for 

small-scale pilot projects for renewable 

energy generation, modeled on DOE’s 

existing categorical exclusion B6.2 for 

pilot-scale waste collection and 

treatment facilities. 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion. 

B5.16–B5.24 

As part of DOE’s proposal to clarify 

and focus existing categorical exclusion 

B5.1 on energy efficiency and 

conservation actions, and in response to 

commentors’ suggestions to include 

more explicitly renewable energy 

technologies, DOE is proposing several 

new categorical exclusions. DOE 

proposes eight new categorical 

exclusion classes of actions involving 

renewable energy technologies, as 

described below. The proposed 

categorical exclusions apply to the 

installation, modification, operation, 

and removal of small-scale, 

commercially available renewable 

energy technologies. DOE proposes to 

specify conditions by technology (e.g., 

wind) to ensure appropriate limitations, 

but does not generally set limits on 

energy output because DOE experience 

and data review suggest that the 

potential for significant impacts is more 

closely related to the site selected for a 

renewable energy project and the 

interaction of resources at a selected site 

with the renewable technology. DOE has 

proposed specific limitations for these 

categorical exclusions to ensure that any 

renewable energy technology project 

that would have the potential to cause 

significant impacts to particular 

resources would be identified as outside 

the scope of the categorical exclusion. 

Further, DOE proposes one new class of 

actions involving electric vehicle 

charging stations. 

The proposed categorical exclusions 

in B5.16–B5.24 identify many of the 

types of projects for which DOE has 

made categorical exclusion 

determinations based on existing 

categorical exclusion B5.1. The actions 

listed in these proposed categorical 

exclusions are also consistent with 

categorical exclusions promulgated by 

other Federal agencies, EAs and FONSIs 

prepared by DOE and other Federal 

agencies, the opinions of subject matter 

experts, and private sector experience 

developing and deploying renewable 

energy technologies. DOE has 

determined that the activities under 

these categorical exclusions, when 

subject to the proposed limitations, 

would not have the potential to cause 

significant impacts because the 

categorical exclusions apply specifically 

to systems that are: (1) Located on or 

adjacent to existing structures, or on 

previously developed or disturbed land, 

(2) sited in accordance with local land 

use and zoning requirements, and (3) 

designed to incorporate appropriate 

control technologies and best 

management practices to lessen 

potential impacts. 

The proposed categorical exclusions 

are responsive to the numerous 

suggestions that DOE received, both 

from within DOE and in response to its 

December 2009 Request for Information, 

to include explicitly renewable energy 

technologies and associated equipment 

in its categorical exclusions. Several 

commentors also suggested that DOE 

categorically exclude actions intended 

to ‘‘co-locate renewables’’ or to support 

‘‘distributed generation projects.’’ These 

suggestions describe similar actions 

that: (1) Support the operation of an 

existing facility by providing a 

renewable energy source on-site, (2) 

would be compatible with existing land 

use, and (3) would require minimal to 

no expansion of the footprint of an 

existing facility. As a result, DOE’s 

review of available data led it to propose 

to exclude select small-scale, renewable 

energy technology projects, under 

specified proposed conditions, for the 

purpose of providing a renewable 

energy generation capability to existing 

facilities (specifically, B5.16–B5.21). 

B5.16 Solar Photovoltaic Systems 

The actions listed in categorical 

exclusion B5.16 apply to the 

installation, modification, operation, 

and removal of commercially available 

solar photovoltaic systems located on a 

building or other existing structure (e.g., 

covered parking facility), or on land 

generally comprising less than 10 acres. 

The actions listed are consistent with 

DOE and other Federal agency 

experience with ‘‘co-located’’ solar 

photovoltaic energy projects generally 

comprising less than 10 acres within a 

previously disturbed or developed area, 

categorical exclusion determinations 

DOE has made based on existing 

regulations, categorical exclusions 


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promulgated by other Federal agencies, 

EAs and FONSIs prepared by DOE and 

other Federal agencies, and the opinions 

of subject matter experts. (See the 

Technical Support Document.) 

DOE has determined that the solar 

photovoltaic system activities under this 

categorical exclusion, when subject to 

proposed limitations, would not have 

the potential to cause significant 

impacts because (1) these are systems 

located on or adjacent to existing 

structures, or on previously developed 

or disturbed land, and thus generally 

involve no more than minor changes to 

facility footprints and do not involve 

major new construction, and (2) these 

systems generally would support the 

operation of an existing facility (e.g., 

providing an on-site, renewable 

electricity generation source). Such 

activities also may serve to lessen 

potential air emissions impacts when 

compared to electricity generated by 

fossil fuel (e.g., coal) sources. 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion. 

B5.17 Solar Thermal Systems 

DOE proposes a new categorical 

exclusion for the installation, 

modification, operation, and removal of 

commercially available small-scale solar 

thermal systems (e.g., solar hot water 

systems) at an existing facility or on 

land generally comprising less than 10 

acres within a previously disturbed or 

developed area. These actions are 

consistent with categorical exclusion 

determinations DOE has made based on 

existing regulations and EAs and 

FONSIs prepared by DOE. (See the 

Technical Support Document.) 

DOE has determined that the solar 

thermal system activities under this 

categorical exclusion, when subject to 

proposed limitations, would not have 

the potential to cause significant 

impacts because (1) these are smallscale systems located on or contiguous 

to an existing building, or in a 

previously developed or disturbed area, 

and thus generally involve no more than 

minor changes to facility footprints and 

do not involve major new construction, 

and (2) these systems generally would 

support the operation of an existing 

building (e.g., providing an on-site, 

renewable source of energy for heat). 

Such activities also may serve to lessen 

potential air emissions impacts when 

compared to electricity generated by 

fossil fuel (e.g., coal) sources. 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion. 

B5.18 Wind Turbines 

DOE proposes a new categorical 

exclusion for the installation, 

modification, operation, and removal of 

small (i.e., generally 200 feet in height 

or less when measured from ground to 

maximum vertical blade rotation), 

commercially available wind turbines. 

Such turbines must be located within 

previously disturbed or developed 

areas; more than 10 miles from an 

airport or aviation navigation aid; and 

more than 1.5 nautical miles from 

National Weather Service or Federal 

Aviation Administration Doppler 

weather radar. Also such turbines must 

not have the potential to cause 

significant impacts to bird or bat species 

and must be appropriately designed and 

located so as to not cause significant 

impacts to persons (e.g., noise or 

shadow flicker). These actions are 

consistent with categorical exclusion 

determinations DOE has made based on 

existing regulations, EAs and FONSIs 

prepared by DOE and other Federal 

agencies, and the opinions of subject 

matter experts. (See the Technical 

Support Document.) 

DOE has determined that the 

activities under this categorical 

exclusion, when subject to proposed 

limitations, would not have the 

potential to cause significant impacts 

because (1) these are small-scale wind 

turbines located within a previously 

developed or disturbed area, and thus 

generally involve no more than minor 

changes to an existing footprint and do 

not involve major new construction, and 

(2) these systems generally would 

support improved operation of an 

existing facility (e.g., providing an onsite, renewable source of energy for 

electricity). Such activities also may 

serve to lessen potential air emissions 

impacts when compared to electricity 

generated by fossil fuel (e.g., coal) 

sources. 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion. 

B5.19 Ground Source Heat Pumps 

DOE proposes a new categorical 

exclusion for commercially available, 

small-scale ground source heat pumps, 

designed to include appropriate leakage 

and contaminant control measures (e.g., 

grouting) to support the operation of 

single facilities (e.g., a school) or 

contiguous facilities (e.g., an office 

complex), and sited only in previously 

disturbed and developed areas where 

associated activities (e.g., drilling or 

geothermal water discharge) are 

regulated by a local, regional, or State 

authority. The actions listed in this 

proposed categorical exclusion are 

consistent with categorical exclusion 

determinations DOE has made based on 

existing regulations, categorical 

exclusions promulgated by other 

Federal agencies, and EAs and FONSIs 

prepared by DOE. (See the Technical 

Support Document.) 

DOE has determined that the ground 

source heat pump system activities 

under this categorical exclusion, when 

subject to the proposed limitations, 

would not have the potential to cause 

significant impacts because (1) these are 

systems located within or adjacent to 

existing structures, or on previously 

developed or disturbed land, and thus 

generally involve no more than minor 

changes to facility footprints and do not 

involve major new construction, and (2) 

these systems generally would support 

the operation of an existing facility (e.g., 

providing an on-site, renewable heating 

or cooling source) that would serve to 

lessen potential air emissions impacts 

when compared to energy provided by 

traditional fossil fuel (e.g., coal) sources. 

DOE has proposed limitations for this 

categorical exclusion to ensure that any 

project that may result in a significant 

change in subsurface temperature would 

be outside the scope of the categorical 

exclusion. 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion. 

B5.20 Biomass Power Plants 

DOE proposes a new categorical 

exclusion for small-scale biomass power 

plants, designed using commercially 

available technologies for an average 

energy output of 10 megawatts, to 

support the operation of single facilities 

(e.g., a school) or contiguous facilities 

(e.g., an office complex), and sited 

within previously disturbed and 

developed areas. The actions listed in 

this proposed categorical exclusion are 

consistent with EAs and FONSIs 

prepared by DOE. (See the Technical 

Support Document.) 

DOE has determined that the 

activities covered by this categorical 

exclusion, when subject to the proposed 

limitations, would not have the 

potential to cause significant impacts 

because (1) these are systems located 

within or adjacent to existing structures, 

or within previously developed or 

disturbed areas, and thus generally 

involve no more than minor changes to 

facility footprints or land use, and (2) 

these systems generally would support 

the operation of an existing building or 

contiguous facilities (e.g., providing an 

on-site, renewable electricity generation 

source). Such activities also may serve 

to lessen potential air emissions impacts 


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when compared to electricity generated 

by fossil fuel (e.g., coal) sources. DOE 

has proposed limitations for this 

categorical exclusion to ensure that any 

project that may result in a significant 

increase in the quantity or rate of air 

emissions or have the potential to cause 

significant impacts to water resources 

would be outside the scope of the 

categorical exclusion. 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion. 

B5.21 Methane Gas Recovery and 

Utilization Systems 

DOE proposes a new categorical 

exclusion for the installation, 

modification, operation, and removal of 

commercially available methane gas 

recovery and utilization systems on or 

contiguous to an existing landfill or 

wastewater treatment plant, or within a 

previously disturbed and developed 

area. The actions listed in this proposed 

categorical exclusion are consistent with 

categorical exclusion determinations for 

methane gas recovery and utilization 

technologies that DOE has made based 

on existing regulations. 

DOE has determined that the methane 

recovery and utilization system 

activities under this categorical 

exclusion, when subject to the proposed 

limitations, would not have the 

potential to cause significant impacts 

because (1) these are modifications to 

existing waste disposal or treatment 

facilities, and thus generally involve no 

more than minor changes to facility 

footprints and do not involve major new 

construction, and (2) these 

modifications generally would improve 

operating efficiency (e.g., making use of 

otherwise waste gas for energy 

production at existing facilities) and 

thus would be designed to lessen 

potential impacts. Such activities also 

may serve to lessen potential air 

emissions impacts when compared to 

electricity generated by fossil fuel (e.g., 

coal) sources. DOE has proposed 

limitations for this categorical exclusion 

to ensure that any project that may 

result in a significant increase in 

quantity or rate of air emissions would 

be outside the scope of the categorical 

exclusion. 

B5.22 Alternative Fuel Vehicle Fueling 

Stations 

DOE proposes a new categorical 

exclusion for the installation, 

modification, operation, and removal of 

fueling stations for compressed natural 

gas, hydrogen, ethanol or other 

commercially available biofuels that are 

located on the site of a current or former 

fueling station, or in a previously 

disturbed or developed area controlled 

by the owner of the existing facility and 

vehicle fleet the station is meant to 

service. The actions listed in this 

proposed categorical exclusion are 

consistent with categorical exclusion 

determinations DOE has made based on 

existing regulations for alternative fuel 

vehicle fueling technologies and an EA 

and FONSI prepared by DOE. (See the 

Technical Support Document.) 

DOE has determined that the 

alternative vehicle fueling system 

activities under this categorical 

exclusion, when subject to proposed 

limitations, would not have the 

potential to cause significant impacts 

because these are systems located at 

existing stations, or on previously 

developed or disturbed land, and thus 

generally involve no more than minor 

changes to facility footprints and do not 

involve major new construction. These 

systems would support the operation 

and use of alternative fuel vehicles (e.g., 

providing the fueling infrastructure 

necessary to support the use of vehicles 

run on alternative fuels). Such activities 

also may serve to lessen potential air 

emissions impacts when compared to 

traditional fossil fuel combustion engine 

vehicles. 

B5.23 Electric Vehicle Charging 

Stations 

DOE proposes a new categorical 

exclusion for the installation, 

modification, operation, and removal of 

electric vehicle stations within a 

previously disturbed or developed area. 

The actions listed in this proposed 

categorical exclusion are consistent with 

categorical exclusion determinations 

DOE has made based on existing 

regulations. 

DOE has determined that the electric 

vehicle charging station activities under 

this categorical exclusion, when subject 

to proposed limitations, would not have 

the potential to cause significant 

impacts because these are systems 

located on previously developed or 

disturbed land, and thus generally do 

not involve major new construction. 

These systems would support the use of 

electric vehicles (e.g., providing 

infrastructure necessary to support 

current and future use of electric 

vehicles). Such activities also may serve 

to lessen potential air emissions impacts 

when compared to traditional fossil fuel 

combustion engine vehicles. 

B5.24 Drop-in Hydroelectric Systems 

DOE proposes a new categorical 

exclusion for the installation, 

modification, operation, and removal of 

commercially available small-scale, 

drop-in, run-of-the-river hydroelectric 

systems where there would not be the 

potential for significant impacts to 

threatened and endangered species or 

significant impacts on water quality, 

temperature, flow, or volume. 

The term ‘‘run-of-the-river’’ as used in 

this categorical exclusion refers to 

hydroelectric systems that would be 

fully dependent on the natural flow of 

the river or stream at the point of system 

installation; would have no water 

storage, such as in an impoundment; 

and would involve no water diversion 

from the stream or river. The term 

‘‘drop-in’’ refers to prefabricated systems 

that are placed in a river or stream, not 

systems that are constructed in a river 

or stream such as a dam. Under this 

categorical exclusion, DOE envisions 

small turbines placed in a stream or 

river for small operations, where all 

energy would likely be consumed onsite (e.g., for a home, ranch, or other 

small commercial operation) and 

unlikely to be put on the commercial 

grid. Hydroelectric systems capable of 

producing electricity for the commercial 

grid would likely be secured in a 

channel (requiring the use of heavy 

equipment), may require channel 

modification, and may have a potential 

to significantly affect fish, wildlife, 

habitat, and water flow and quality; 

these systems would be excluded from 

the scope of this categorical exclusion. 

The actions listed in this proposed 

categorical exclusion are consistent with 

the opinions of subject matter experts, 

including fish biologists with regulatory 

and fisheries management experience. 

(See the Technical Support Document.) 

DOE has determined that the 

activities under this categorical 

exclusion would not have the potential 

to cause significant impacts when 

subject to the proposed limitations: 

involve no water storage or water 

diversion; be located only in areas 

upstream of a natural anadromous fish 

barrier (such as a waterfall that has 

historically prevented anadromous fish 

passage); and involve no major 

construction, modification of stream or 

river channels, or the use of heavy 

equipment. Projects in the scope of this 

categorical exclusion generally support 

adjacent uses with a renewable source 

of direct electricity production. Such 

activities also may serve to lessen 

potential air emissions impacts when 

compared to traditional systems where 

electrical energy is generated by fossil 

fuel sources. 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion. 


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B5.25 Small-Scale Renewable Energy 

Research and Development and Pilot 

Projects in Salt Water and Freshwater 

Environments 

DOE proposes to create a new 

categorical exclusion for small-scale 

renewable energy research and 

development and pilot projects in salt 

water and freshwater environments. 

Research with respect to wave or tidal 

energy or the growth and harvest of 

algae as biomass for proof of concept 

purposes would be appropriate projects 

in this class of actions. However, as 

with B3.16, DOE proposes to impose 

similar limits on the scope and location 

of the activities to ensure that renewable 

energy research is conducted in a 

manner that would not have the 

potential to cause significant impacts. 

These actions are consistent with 

categorical exclusion determinations 

DOE has made based on existing 

regulations, EAs and FONSIs prepared 

by other Federal agencies, and the 

opinions of subject matter experts. (See 

the Technical Support Document.) 

DOE proposes specifically to exclude 

the construction or installation of 

permanent facilities or devices and to 

exclude the drilling of wells for resource 

exploration or extraction. In addition, 

DOE has included several limits on the 

type, scope, and location of covered 

actions to protect the aquatic 

environment from potential significant 

impacts. 

DOE proposes to limit the covered 

actions in this categorical exclusion 

through the following conditions. 

Covered actions under this categorical 

exclusion would be conducted in 

accordance with, where applicable, an 

approved spill prevention, control, and 

response plan, and would incorporate 

appropriate control technologies and 

best management practices. 

Furthermore, none of the above 

activities would occur (1) within areas 

of hazardous natural bottom conditions, 

or (2) within the boundary of an 

established marine sanctuary or wildlife 

refuge, a governmentally proposed 

marine sanctuary or wildlife refuge, or 

a recognized area of high biological 

sensitivity, or outside those areas if the 

activities would have the potential to 

cause significant impacts within those 

areas. Additionally, no permanent 

facilities or devices would be 

constructed or installed. The categorical 

exclusion also lists other factors, 

specific to aquatic environments, to be 

considered by proponents of covered 

actions before applying this categorical 

exclusion to ensure that the activities 

would not have the potential to have 

significant impacts. 

DOE is particularly interested in 

receiving comments on this categorical 

exclusion. 

Categorical Exclusions Applicable to 

Environmental Restoration and Waste 

Management Activities (B6) 

B6.1 Cleanup Actions 

DOE proposes to remove the specified 

limit of 5 years duration for 

categorically excluded short-term, 

small-scale cleanup actions because in 

DOE’s experience that duration has not 

been representative of the potential for 

significant environmental impacts. DOE 

proposes to retain a specified limit to 

cost, but to raise the limit from 

approximately $5 million to 

approximately $10 million, in light of 

the fact that this cost limitation has not 

been revised since 1996. DOE also 

proposes to add encapsulation, physical 

or chemical separation, and compaction 

to the examples of treatment methods. 

DOE proposes to change the text of the 

categorical exclusion from ‘‘would not 

affect future groundwater remediation’’ 

to ‘‘would not unduly limit future 

groundwater remediation’’ because a 

literal reading of the existing categorical 

exclusion would bar its use if there were 

any affect on future groundwater 

remediation. 

DOE is particularly interested in 

receiving comments on the proposed 

revisions to this categorical exclusion. 

B6.7 [Removed and Reserved: 

Granting/Denying Petitions for 

Allocation of Commercial Disposal 

Capacity] 

Existing B6.7 refers to a DOE 

regulation that was repealed in 1995. 

That regulation implemented a 

provision of the Low-Level Radioactive 

Waste Policy Amendments Act of 1985, 

which is no longer in effect. Therefore, 

DOE proposes deleting this categorical 

exclusion, marking B6.7 as ‘‘removed 

and reserved’’ in the regulations. 

B6.10 Upgraded or Replacement Waste 

Storage Facilities 

DOE proposes to identify ‘‘expansion’’ 

as within the scope of this categorical 

exclusion, which limits total facility 

size to 50,000 square feet. 

F. Proposed Changes to Appendix C 

For an explanation of recurring 

proposals applicable to the appendix C 

classes of actions, please see Section 

IV.B, Recurring Proposals, above, where 

they are discussed and the particular 

classes of actions affected are listed. The 

short titles listed below for particular 

classes of actions reflect DOE’s 

proposed titles. 

C2 [Removed and Reserved: Rate 

Increases More Than Inflation, Not 

Power Marketing] 

DOE proposes to delete EA class of 

actions C2 because DOE has not 

prepared an EA and FONSI under C2. 

C4 Upgrading, Rebuilding, or 

Construction of Electric Transmission 

Lines 

DOE proposes changes to this class of 

actions to conform to the changes DOE 

is proposing for categorical exclusions 

B4.12 and B4.13. Proposed changes to 

C4 would address electric transmission 

lines of lengths greater than those to 

which categorical exclusions might 

apply. 

C7 Contracts, Policies, and Marketing 

and Allocation Plans for Electric Power 

DOE proposes changes to this class of 

actions to conform to the changes DOE 

has proposed for categorical exclusion 

B4.1. This provision addresses the 

establishment and implementation of 

contracts, policies, and marketing and 

allocation plans related to electric 

power acquisition or transmission that 

involve (1) the interconnection of, or 

acquisition of power from, new 

generation resources that are equal to or 

less than 50 average megawatts and that 

would not be eligible for categorical 

exclusion under 10 CFR part 1021; (2) 

changes in the normal operating limits 

of generation resources equal to or less 

than 50 average megawatts; or (3) 

service to discrete new loads of less 

than 10 average megawatts over a 12- 

month period. DOE also proposes to 

delete the description that implies that 

this class of actions applies only to DOE 

power marketing operations and 

facilities at DOE sites. 

DOE is particularly interested in 

receiving comments on the proposed 

revisions to this provision. 

C8 Protection of Cultural Resources 

and Fish and Wildlife Habitat 

DOE proposes changes to this class of 

actions to conform to the changes DOE 

is proposing for categorical exclusion 

B1.20. Proposed changes to C8 would 

address large-scale activities undertaken 

to protect cultural resources. 

C11 Particle Acceleration Facilities 

DOE proposes to change the 

parameters for when an EA would 

normally be required to conform to the 

changes DOE is proposing for 

categorical exclusion B3.10. Whether an 

EA would normally be required would 

depend upon the energy associated with 

the particle acceleration facility. 


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C12 Energy System Demonstration 

Actions 

DOE proposes changes to this class of 

actions to conform to the changes DOE 

is proposing for categorical exclusion 

B3.6. Proposed changes to C12 would 

address ‘‘demonstration actions,’’ which 

are outside the scope of B3.6. 

C13 Import or Export Natural Gas 

Involving Minor New Construction 

DOE proposes changes for consistency 

with categorical exclusions B5.7 and 

B5.8. 

G. Proposed Changes to Appendix D 

For an explanation of recurring 

proposals applicable to the appendix D 

classes of actions, please see Section 

IV.B, Recurring Proposals, above, where 

they are discussed and the particular 

classes of actions affected are listed. The 

short titles listed below for particular 

classes of actions reflect DOE’s 

proposed titles. 

D5 [Removed and Reserved: Main 

Transmission System Additions] 

D6 [Removed and Reserved: 

Integrating Transmission Facilities] 

DOE proposes deleting D5, Main 

transmission system additions, and D6, 

Integrating transmission facilities, 

because there is redundancy and 

ambiguity between D5 and D6 that 

makes them of limited utility. 

Furthermore, there is overlap between 

D5 (addition of new lines) and C4 

(construction of new lines) in the 

current regulations, which makes it 

difficult to discern which category is 

appropriate for a specific project. DOE 

also proposes not to have EIS categories 

that correspond to the categorical 

exclusions and the EA class of actions 

that address the level of NEPA review 

for electric transmission facilities and 

lines (B4.11, B4.12, B4.13, and C4). 

Based on DOE experience, the level of 

NEPA review for transmission facilities 

and lines that are not categorically 

excluded is at least at an EA level, but 

does not necessarily warrant an EIS 

level. DOE has found that the 

determination whether an EA or an EIS 

is appropriate is project-specific (e.g., 

type and size of facility) and sitespecific (e.g., site conditions, other 

facilities and lines in the area, or the 

proximity of residences). Working with 

its stakeholders, DOE has often 

successfully mitigated potentially 

significant impacts so that an EA level 

of review is often adequate. In those 

cases where an EA is not applicable, 

DOE completes an EIS, and the lack of 

an EIS category in this proposed 

rulemaking does not preclude such 

action in the future. (See the Technical 

Support Document.) 

DOE is particularly interested in 

receiving comments on these 

provisions. 

D7 Contracts, Policies, and Marketing 

and Allocation Plans for Electric Power 

DOE proposes changes to this class of 

actions to conform to changes that DOE 

is proposing for both categorical 

exclusion B4.1 and the EA class of 

actions C7. This provision addresses 

establishment and implementation of 

contracts, policies, and marketing and 

allocation plans related to electric 

power acquisition or transmission that 

involve (1) the interconnection of, or 

acquisition of power from, new 

generation resources greater than 50 

average megawatts; (2) changes in the 

normal operating limits of generation 

resources greater than 50 average 

megawatts; or (3) service to discrete new 

loads of 10 average megawatts or more 

over a 12-month period. DOE also 

proposes to delete the description that 

implies that this class of actions applies 

only to its power marketing operations 

and facilities at its sites. 

DOE is particularly interested in 

receiving comments on the proposed 

revisions to this provision. 

D8 Import or Export of Natural Gas 

Involving Major New Facilities 

DOE proposes changes for consistency 

with categories B5.7, B5.8, and C13. 

D9 Import or Export of Natural Gas 

Involving Major Operational Change 

DOE proposes changes for consistency 

with categories B5.7, B5.8, and C13. 

V. General Comments Received in 

Response to the December 2009 Request 

for Information 

DOE reviewed and evaluated each of 

the suggestions provided by the 11 

respondents to its December 2009 

Request for Information, as discussed 

above in Section II. Many of the 

comments included proposals for new 

categorical exclusions and revisions to 

limit or expand existing categorical 

exclusions, or were related to other 

existing provisions in subpart D of the 

DOE NEPA regulations. In addition to 

comments related to specific provisions, 

which are discussed above in Section 

IV.C through IV.G, DOE received 

comments of a more general nature, not 

associated with a particular provision. 

These comments and DOE’s responses 

are presented below. 

Categorical exclusions, generally. In 

its Request for Information, DOE 

described categorical exclusions as 

categories of actions that normally do 

not have the potential, individually or 

cumulatively, to have a significant effect 

on the ‘‘human environment.’’ One 

commentor expressed a concern that 

DOE focused too narrowly on the 

human environment and ‘‘seems to miss 

the true purpose of the NEPA process.’’ 

In addition, a commentor stated that the 

DOE categorical exclusion process 

should ‘‘explicitly include recognition of 

the Department’s trust and trustee 

duties and responsibilities that ensure 

actions evaluated for categorical 

exclusion do not adversely impact the 

environment or violate these 

responsibilities.’’ DOE’s characterization 

of a categorical exclusion in its Request 

for Information is consistent with the 

definition of categorical exclusion in the 

CEQ NEPA regulations (40 CFR 1508.4), 

and DOE applies the comprehensive 

interpretation of ‘‘human environment’’ 

as defined in the CEQ NEPA regulations 

(40 CFR 1508.14) ‘‘to include the natural 

and physical environment and the 

relationship of people with that 

environment.’’ 

Land transfers. A commentor stated 

that DOE should not use a categorical 

exclusion when land transfers have the 

potential to impact Tribal Nations’ 

rights, uses, or historical, religious or 

cultural assets, or DOE should ensure 

that those rights are preserved and that 

there is adequate government-togovernment consultation. 

DOE conducts its government-togovernment consultations with Tribal 

Nations in accordance with its 

American Indian Tribal Government 

Policy, as outlined in DOE Order 

1230.2. With respect to Federally 

recognized Indian Tribe interests, also 

see Section IV.E for a discussion of 

appendix B(4) conditions that are 

integral elements of appendix B 

categorical exclusions. 

Land and water contaminated with 

radioactive and/or hazardous materials. 

A commentor noted that many of DOE’s 

facilities, and the land and water 

beneath these facilities, are 

contaminated with radioactive and/or 

hazardous materials. The commentor 

stated that DOE should not allow for the 

transfer or lease of contaminated 

facilities and land through a categorical 

exclusion. DOE is proposing changes to 

DOE’s land transfer-related categorical 

exclusions. Proposed categorical 

exclusions B1.24 and B1.25 pertain to 

the transfer, lease, disposition, or 

acquisition of interests (personal 

property and real property). Both 

proposed B1.24 and B1.25 contain 

limitations such that they may not be 

applied if there is a ‘‘potential for release 

of substances at a level, or in a form, 

that could pose a threat to public health 


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and the environment.’’ For further 

information, see the detailed discussion 

of proposed changes to A7, B1.24, and 

B1.25 in Section IV.D and IV.E, above. 

Construction and operation of 

facilities. A commentor stated that 

‘‘most construction of facilities (even 

temporary)’’ should not be performed 

under a categorical exclusion. 

Construction and operation under the 

Department’s existing and proposed 

categorical exclusions are limited to 

certain types of small-scale facilities 

that DOE has determined would not 

have potential to cause significant 

impacts when the conditions specified 

in the categorical exclusion and the 

integral elements in appendix B(4) are 

considered. Under DOE’s existing NEPA 

regulations these include, for example, 

support buildings (such as cafeterias), 

small-scale wastewater and surface 

water treatment facilities, and 

microwave and communications towers. 

DOE is now proposing to add recycling 

drop-off stations and small-scale 

educational facilities to that list. DOE 

has determined that, absent 

extraordinary circumstances, these 

types of actions are appropriately 

categorically excluded. 

Mitigation actions. A commentor 

stated that mitigation actions, such as 

reseeding and revegetation, should not 

conflict with existing mitigation, 

restoration, and preservation activities 

or exacerbate environmental 

contamination, and that DOE’s 

procedures for categorical exclusion 

determinations should include a 

checklist to ensure that the potential for 

such conflicts is considered in applying 

a categorical exclusion. DOE’s existing 

and proposed categorical exclusion 

regulations require determinations that 

there are no extraordinary 

circumstances related to the proposal 

that may affect the significance of the 

proposal’s environmental effects. The 

regulations also require that the 

proposal not be connected to other 

actions with significant impacts or 

related to other actions with 

cumulatively significant impacts. DOE 

believes that these existing procedures 

adequately address this concern. 

Rulemaking process. A commentor 

stated that DOE should distribute draft 

categorical exclusion determinations 

and supporting documents to those who 

have specific interests or oversight 

responsibilities for DOE sites, providing 

a 30-day comment period. DOE 

respectfully disagrees with this 

proposal. Such a process would be 

counter to the purpose of a categorical 

exclusion, which is to expedite the 

environmental review process for 

proposed actions that normally do not 

require more resource intensive EAs or 

EISs. Before an agency can establish a 

categorical exclusion, however, an 

agency is required to provide an 

opportunity for public review of those 

actions that it intends to exclude. 

Through the publication of this notice of 

proposed rulemaking, DOE is providing 

its proposed changes to the public and 

providing an opportunity for public 

review and comment. Additionally, 

DOE is required to consult with CEQ on 

conformity of the proposed categorical 

exclusions with NEPA and the CEQ 

NEPA implementing procedures. 

A commentor requested that DOE’s 

December 2009 Request For Information 

‘‘not be used to remove types of projects 

that are currently required to perform an 

EA or EIS.’’ As discussed further in 

Section IV.G, DOE is proposing to 

remove two classes of actions that are 

now listed as normally requiring an EIS, 

D5, Main transmission system 

additions, and D6, Integrating 

transmission facilities. DOE has found 

that, for the most part, it has been able 

to mitigate impacts such that those 

impacts are not significant. DOE is 

proposing to remove one EA class of 

actions (C2, Rate increases more than 

inflation, not power marketing). DOE 

has not been able to identify any 

proposed action that has been included 

in that class of actions. 

New technologies. A commentor 

requested that ‘‘if the effects of new 

technologies in the private and public 

sectors are going to influence’’ the 

proposed categorical exclusions, the 

technologies and their impacts must be 

fully explained. DOE has based its 

proposed categorical exclusions on its 

previous NEPA reviews, expert advice, 

categorical exclusions of other Federal 

agencies, and private sector experience, 

and it has explained the basis for its 

proposed decisions both here and in the 

Technical Support Document. 

Geothermal. A commentor requested 

that no further regulations be 

promulgated that would make it more 

difficult to obtain permitting for the 

installation of geothermal wells. The 

commentor also emphasized the 

‘‘tremendous energy savings’’ provided 

by geothermal heat pumps for heating 

and cooling buildings. 

DOE currently has an existing 

categorical exclusion, B3.7, for the 

siting, construction, and operation of 

new infill exploratory and experimental 

(test) wells, including geothermal wells, 

drilled in a geological formation that has 

existing operating wells. Although DOE 

is proposing to add certain restrictions, 

DOE does not believe these changes 

would make the permitting process for 

geothermal wells more difficult. In 

addition, DOE is proposing a new 

categorical exclusion, B5.19, for the 

installation, modification, operation, 

and removal of commercially available 

small-scale ground source heat pumps 

to support operations in single facilities 

or contiguous facilities. (See discussion 

of B3.7 and B5.19 in Section IV.E, 

above.) 

Renewable energy projects. A 

commentor suggested that DOE adopt a 

‘‘fast-track’’ review process for 

renewable energy projects, similar to a 

process that the Bureau of Land 

Management, an agency within the 

Department of the Interior, has adopted. 

DOE is a cooperating agency with the 

Bureau of Land Management on several 

of its EISs for renewable energy 

proposals (for example, for proposals for 

which an application for a loan 

guarantee has been submitted to DOE), 

and is familiar with the Bureau’s 

process. In other cases, DOE’s Program 

Offices (for example, the Office of 

Electricity Delivery and Energy 

Reliability, the Loan Program Office, 

and Bonneville Power Administration) 

work as expeditiously as possible on 

NEPA and other necessary reviews 

(such as electric system reliability 

review and financial review) needed 

before project approval. Part of DOE’s 

aim in proposing updates to its 

categorical exclusions is to expedite the 

environmental review process for 

proposals that normally do not require 

more resource intensive EAs or EISs. 

DOE’s proposed new categorical 

exclusions include (1) eight specifically 

for installation, modification, operation, 

and removal of commercially available 

renewable energy technologies (as listed 

in the proposed categorical exclusions 

B5.16 to B5.22, inclusive, and B5.24) 

and (2) small-scale renewable energy 

research and development and pilot 

projects (B5.15 and B5.25). DOE expects 

that the use of these categorical 

exclusions will allow for more 

expeditious NEPA review for projects 

that fit within the classes of actions. 

Biofuels production projects. A 

commentor suggested that DOE 

categorically exclude new biofuels 

production projects, ‘‘provided that 

certain conditions are met with respect 

to air and water emissions, water 

consumption and other high-level 

considerations.’’ At this time, DOE is not 

proposing a categorical exclusion for 

commercial-scale biofuels production 

projects. First, the Department 

conducted a survey of Federal agencies’ 

NEPA regulations and did not identify 

existing (or proposed) categorical 

exclusions for new commercial biofuels 

projects that could guide DOE in 

proposing an appropriate scope for such 


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a category. Second, a Notice of Funds 

Availability published by the U.S. 

Department of Agriculture’s Rural 

Business Cooperative Service regarding 

new construction and retrofitting of 

advanced biofuels facilities (non-corn 

ethanol) concluded that such facilities 

would not meet the classification of a 

categorical exclusion (75 FR 25076; May 

6, 2010). DOE, nevertheless, is 

requesting input from the public as to 

whether a categorical exclusion for 

commercial-scale biofuel production 

projects would be appropriate, and, if 

so, what limits might be applicable (for 

example, throughput and operation 

parameters). 

Consistency among Federal and State 

categorical exclusions. A commentor 

suggested that DOE should work with 

States to create consistency among 

Federal and State categorical exclusions 

because there is a disconnect between 

what the Federal government 

categorically excludes under NEPA and 

what States exclude under their 

environmental review provisions. DOE 

develops its categorical exclusions 

based on classes of actions it has 

identified that do not individually or 

cumulatively have a significant effect on 

the environment based on actions it has 

considered nationwide. DOE does not 

have any involvement in how a State 

assigns particular classes of actions to a 

particular level of environmental 

review. However, States have the 

opportunity to comment on an agency’s 

proposed categorical exclusions and 

associated administrative records and 

also to consider whether to change their 

own categorical exclusions or other 

implementing procedures based on a 

Federal agency’s exclusions. DOE 

welcomes comments from States on 

DOE’s categorical exclusions and, in 

particular, as to a State’s experience 

with similar exclusions. 

Evaluation of greenhouse gases. A 

commentor noted that CEQ had stated 

that it sees no basis for excluding 

greenhouse gases from NEPA 

jurisdiction. The commentor suggested 

that DOE have additional categorical 

exclusions ‘‘to protect against abuse of 

this expansive new jurisdiction by 

entities seeking to stop or stall projects.’’ 

In proposing 20 new categorical 

exclusions and modifying others to 

promote efficiency in the NEPA process 

while ensuring protection of the 

environment, DOE has considered the 

potential for significant environmental 

impacts, including potential impacts 

from greenhouse gas emissions. DOE’s 

approach in this regard is consistent 

with draft guidance issued in February 

2010 by CEQ, Consideration of the 

Effects of Climate Change and 

Greenhouse Gas Emissions (http:// 

ceq.hss.doe.gov/nepa/regs/

Consideration_of_Effects_of_GHG

_Draft_NEPA_Guidance_FINAL_

02182010.pdf). The draft guidance 

states, ‘‘In many cases, the [greenhouse 

gas] emissions of the proposed action 

may be so small as to be a negligible 

consideration. Agency NEPA 

procedures may identify actions for 

which [greenhouse gas] emissions and 

other environmental effects are neither 

individually or cumulatively significant. 

40 CFR 1507.3.’’ The draft guidance 

further states that, in proposing that the 

NEPA process incorporate consideration 

of both the impact of an agency action 

on the environment through the 

mechanism of greenhouse gas emissions 

and the impact of changing climate on 

that agency action, ‘‘This is not intended 

as a ‘new’ component of NEPA analysis, 

but rather as a potentially important 

factor to be considered within the 

existing NEPA framework.’’ 

Level of involvement necessary to 

require a NEPA review (or ‘‘Federal 

handle’’). A commentor requested that 

DOE provide guidance on the level of 

Federal involvement necessary to 

categorize a project as ‘‘Federal,’’ thereby 

triggering an environmental review 

under NEPA. Specifically, the 

commentor suggested that DOE consider 

setting a minimum threshold of 10% of 

the overall project budget as a funding 

level that would trigger NEPA, and 

further, that only Federal funds actually 

allocated to the project should be 

counted (that is, budgeted or anticipated 

funds should be excluded in 

determining the level of Federal 

financing). The commentor requested 

that factors be specified to help 

determine what level of Federal control 

or involvement is needed for NEPA to 

be triggered. 

In determining whether an action 

constitutes a major Federal action for 

purposes of NEPA, DOE considers the 

degree of Federal control over or 

involvement in a project. As part of this 

consideration, DOE examines the total 

amount and percentage of Federal 

funding among other factors. In many 

cases, the fact that Federal government 

funding is in the range of 10 percent (or 

less) of total project costs will make the 

percentage of Federal funding an 

important factor in finding that an 

action is not a major Federal action. 

These are essentially the same factors 

suggested by the commentor. DOE also 

may consider other factors specific to 

the proposed action at issue. DOE finds 

this case-by-case approach workable 

and consistent with applicable 

precedent and does not propose to 

establish specific criteria through this 

proposed rulemaking for determining 

whether a proposed action constitutes a 

major Federal action. 

Uranium mineral activities. A 

commentor, noting interest in uranium 

mineral exploration, development, and 

reclamation activities on DOE uranium 

leases in Western Colorado, stated that 

‘‘activities related to mining and mineral 

exploration on Department of Energy 

mineral leases should remain barred 

from categorical exclusion.’’ DOE’s 

proposed revisions to the Department’s 

NEPA regulations would not allow 

categorical exclusion of uranium 

mineral development. However, under 

certain conditions, some exploration 

and reclamation actions could be 

categorically excluded under DOE’s 

existing and proposed categorical 

exclusions, such as, categorical 

exclusion B3.1, Site characterization 

and environmental monitoring, and 

categorical exclusion B6.1, Cleanup 

actions. 

Cost parameters for environmental 

review under NEPA. A commentor 

suggested that the estimated cost of a 

project be factored into the categorical 

exclusion process. Specifically, the 

commentor suggested that DOE 

establish an upper limit of $25 million 

(estimated cost) for a proposed action 

that can be categorically excluded and 

a lower limit of $100 million (estimated 

cost) over which a proposed action 

requires an EIS. DOE has determined 

that cost is generally not a reliable 

indicator of environmental impacts and 

is not proposing to establish general cost 

parameters to dictate the level of NEPA 

review in its regulations. One exception 

is categorical exclusion B6.1, which 

contains a cost limit for small-scale, 

short-term cleanup actions. See 

discussion of B6.1 in Section IV.E 

above. 

VI. Procedural Requirements 

A. Review Under Executive Order 12866 

Today’s proposed rule has been 

determined to be a significant regulatory 

action under Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (October 4, 1993). 

Accordingly, this action was subject to 

review under that Executive Order by 

the Office of Information and Regulatory 

Affairs (OIRA) of the Office of 

Management and Budget (OMB). 

B. Review Under National 

Environmental Policy Act 

In this proposed rule, DOE proposes 

amendments that establish, modify, and 

clarify procedures for considering the 

environmental effects of DOE actions 

within DOE’s decisionmaking process, 


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thereby enhancing compliance with the 

letter and spirit of NEPA. DOE has 

determined that this proposed rule 

qualifies for categorical exclusion under 

10 CFR part 1021, subpart D, appendix 

A6, because it is a strictly procedural 

rulemaking and no extraordinary 

circumstances exist that require further 

environmental analysis. Therefore, DOE 

has determined that promulgation of 

these amendments is not a major 

Federal action significantly affecting the 

quality of the human environment 

within the meaning of NEPA, and does 

not require an EA or an EIS. 

C. Review Under Regulatory Flexibility 

Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process (68 FR 7990). DOE 

has made its procedures and policies 

available on the Office of General 

Counsel’s Web site: http://gc.doe.gov. 

DOE has reviewed today’s proposed 

rule under the provisions of the 

Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. The proposed 

revisions to 10 CFR part 1021 streamline 

the environmental review for proposed 

actions, resulting in a decrease in 

burdens associated with carrying out 

such reviews. For example, the 

proposed revisions are expected to 

reduce in aggregate the number of EAs 

that DOE is required to prepare, thus 

reducing the burden on applicants to 

prepare an EA for DOE’s consideration, 

pay for the preparation of an EA, and/ 

or provide environmental information 

for DOE’s use in preparing an EA. 

During the past 10 years, DOE has 

completed approximately 30 EAs per 

year. The number of EAs completed 

each year has not varied significantly. 

However, in 2010, DOE expects to 

complete more than 75 EAs which 

reflect an increase in the number of 

proposed projects as a result of the 

American Recovery and Reinvestment 

Act. DOE expects the number of EAs it 

prepares after 2010 will be closer to 

historical norms. The cost per EA has 

ranged from $3,000 to $630,000; the 

average and median cost has been 

$100,000 and $65,000, respectively. 

DOE expects that although the number 

of EAs it prepares annually could 

increase in response to recent emphasis 

on certain program areas, such as 

renewable energy technologies, 

proposed new categorical exclusions in 

these areas would reduce the number of 

EAs that might otherwise be required. In 

addition, the costs of making a 

categorical exclusion determination are 

less than those to prepare an EA. DOE 

estimates that DOE’s administrative 

costs for research, staff time, and Webposting for a categorical exclusion 

determination would most likely be less 

than $2,000 on average. Applicants may 

sometimes incur costs in providing 

environmental information DOE 

requires when making a categorical 

exclusion determination. While DOE 

does not have data on such applicant 

costs, DOE estimates that such costs 

would be similar to DOE’s costs for a 

categorical exclusion determination, 

and much less than the cost of a typical 

EA. Although the number of EAs that 

would be avoided and the associated 

costs saved by applicants is uncertain, 

the proposed revisions are expected to 

result in a net decrease in 

environmental review costs and thus, 

are expected to have a beneficial cost 

impact. DOE estimates that 

approximately 15 percent of the EAs 

prepared in the last 10 years were 

funded by applicants, while the other 85 

percent were funded by DOE. Although 

DOE does not have data on what 

percentage of those applicants qualified 

as small entities, a beneficial cost 

impact is expected to be felt by entities 

of all sizes. 

On the basis of the foregoing, DOE 

tentatively certifies that this proposed 

rule would not have a significant 

economic impact on a substantial 

number of small entities. Accordingly, 

DOE has not prepared a regulatory 

flexibility analysis for this proposed 

rulemaking. DOE’s certification and 

supporting statement of factual basis 

will be provided to the Chief Counsel 

for Advocacy of the Small Business 

Administration pursuant to 5 U.S.C. 

605(b). 

D. Review Under Paperwork Reduction 

Act 

This proposed rulemaking will 

impose no new information or recordkeeping requirements. Accordingly, 

OMB clearance is not required under 

the Paperwork Reduction Act. (44 

U.S.C. 3501 et seq.) 

E. Review Under Unfunded Mandates 

Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) generally 

requires Federal agencies to examine 

closely the impacts of regulatory actions 

on State, local, and Tribal governments. 

Subsection 101(5) of title I of that law 

defines a Federal intergovernmental 

mandate to include any regulation that 

would impose upon State, local, or 

Tribal governments an enforceable duty, 

except a condition of Federal assistance 

or a duty arising from participating in a 

voluntary Federal program. Title II of 

that law requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments, in the aggregate, or to the 

private sector, other than to the extent 

such actions merely incorporate 

requirements specifically set forth in a 

statute. Section 202 of that title requires 

a Federal agency to perform a detailed 

assessment of the anticipated costs and 

benefits of any rule that includes a 

Federal mandate which may result in 

costs to State, local, or Tribal 

governments, or to the private sector, of 

$100 million or more in any one year 

(adjusted annually for inflation). 2 

U.S.C. 1532(a) and (b). Section 204 of 

that title requires each agency that 

proposes a rule containing a significant 

Federal intergovernmental mandate to 

develop an effective process for 

obtaining meaningful and timely input 

from elected officers of State, local, and 

Tribal governments. 2 U.S.C. 1534. 

The proposed rule would amend 

DOE’s existing regulations governing 

compliance with NEPA to better align 

DOE’s regulations, particularly its 

categorical exclusions, with its current 

activities and recent experiences, and 

update the provisions with respect to 

current technologies and regulatory 

requirements. The proposed rule would 

not result in the expenditure by State, 

local, and Tribal governments in the 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Accordingly, no assessment or analysis 

is required under the Unfunded 

Mandates Reform Act of 1995. 

F. Review Under Treasury and General 

Government Appropriations Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule that may affect family 

well being. The proposed rule would 

not have any impact on the autonomy 

or integrity of the family as an 

institution. Accordingly, DOE has 


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concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

G. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined this 

proposed rule and has determined that 

it would not preempt State law and 

would not have a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. No further 

action is required by Executive Order 

13132. 

H. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Executive agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. With regard to 

the review required by section 3(a), 

section 3(b) of Executive Order 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, the proposed 

rule meets the relevant standards of 

Executive Order 12988. 

I. Review Under Treasury and General 

Government Appropriations Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. 

OMB’s guidelines were published at 

67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed today’s proposed rule under 

the OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

J. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to OMB a Statement 

of Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that: (1)(i) Is a significant 

regulatory action under Executive Order 

12866, or any successor order, and (ii) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (2) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s regulatory 

action would not have a significant 

adverse effect on the supply, 

distribution, or use of energy, and is 

therefore not a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

K. Review Under Executive Order 12630 

DOE has determined pursuant to 

Executive Order 12630, ‘‘Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 18, 1988), 

that this proposed rule would not result 

in any takings which might require 

compensation under the Fifth 

Amendment to the United States 

Constitution. 

Approval of the Office of the Secretary 

The Secretary of Energy has approved 

publication of this notice of proposed 

rulemaking. 

List of Subjects in 10 CFR Part 1021 

Environmental impact statements. 

Issued in Washington, DC, on December 

20, 2010. 

Scott Blake Harris, 

General Counsel. 

For the reasons stated in the 

Preamble, DOE proposes to amend part 

1021 of chapter X of title 10 of the Code 

of Federal Regulations as set forth 

below: 

PART 1021—NATIONAL 

ENVIRONMENTAL POLICY ACT 

IMPLEMENTING PROCEDURES 

1. The authority citation for part 1021 

continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 42 

U.S.C. 4321 et seq.; 50 U.S.C. 2401 et seq. 

2. Section 1021.311 is amended by 

revising the first sentence in paragraph 

(d) and revising paragraph (f) to read as 

follows: 

§ 1021.311 Notice of intent and scoping. 

* * * * * 

(d) Except as provided in paragraph 

(f) of this section, DOE shall hold at 

least one public scoping meeting as part 

of the public scoping process for a DOE 

EIS. * * * 

* * * * * 

(f) A public scoping process is 

optional for DOE supplemental EISs (40 

CFR 1502.9(c)(4)). If DOE initiates a 

public scoping process for a 

supplemental EIS, the provisions of 

paragraphs (a) through (e) of this section 

shall apply. 

3. Section 1021.322 is amended by 

revising the last sentence of paragraph 

(f) to read as follows: 

§ 1021.322 Findings of no significant 

impact. 

* * * * * 

(f) * * * A revised FONSI is subject 

to all provisions of this section. 

4. Section 1021.331 is amended by 

revising paragraph (b) to read as follows: 

§ 1021.331 Mitigation action plans. 

* * * * * 

(b) In certain circumstances, as 

specified in § 1021.322(b)(1), DOE shall 

also prepare a Mitigation Action Plan 

for commitments to mitigations that are 

essential to render the impacts of the 

proposed action not significant. 

* * * * * 

5. Subpart D is revised to read as 

follows: 


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Subpart D—Typical Classes of Actions 

Sec. 

1021.400 Level of NEPA review. 

1021.410 Application of categorical 

exclusions (classes of actions that 

normally do not require EAs or EISs). 

Appendix A to Subpart D of Part 1021— 

Categorical Exclusions Applicable to 

General Agency Actions 

Appendix B to Subpart D of Part 1021— 

Categorical Exclusions Applicable to 

Specific Agency Actions 

Appendix C to Subpart D of Part 1021— 

Classes of Actions That Normally 

Require EAs But Not Necessarily EISs 

Appendix D to Subpart D of Part 1021— 

Classes of Actions That Normally 

Require EISs 

§ 1021.400 Level of NEPA review. 

(a) This subpart identifies DOE 

actions that normally: 

(1) Do not require preparation of 

either an EIS or an EA (are categorically 

excluded from preparation of either 

document) (appendices A and B to this 

subpart D); 

(2) Require preparation of an EA, but 

not necessarily an EIS (appendix C to 

this subpart D); or 

(3) Require preparation of an EIS 

(appendix D to this subpart D). 

(b) Any completed, valid NEPA 

review does not have to be repeated, 

and no completed NEPA documents 

need to be redone by reasons of these 

regulations, except as provided in 

§ 1021.314. 

(c) If a DOE proposal is encompassed 

within a class of actions listed in the 

appendices to this subpart D, DOE shall 

proceed with the level of NEPA review 

indicated for that class of actions, unless 

there are extraordinary circumstances 

related to the specific proposal that may 

affect the significance of the 

environmental effects of the proposal. 

(d) If a DOE proposal is not 

encompassed within the classes of 

actions listed in the appendices to this 

subpart D, or if there are extraordinary 

circumstances related to the proposal 

that may affect the significance of the 

environmental effects of the proposal, 

DOE shall either: 

(1) Prepare an EA and, on the basis of 

that EA, determine whether to prepare 

an EIS or a FONSI; or 

(2) Prepare an EIS and ROD. 

§ 1021.410 Application of categorical 

exclusions (classes of actions that normally 

do not require EAs or EISs). 

(a) The actions listed in appendices A 

and B to this subpart D are classes of 

actions that DOE has determined do not 

individually or cumulatively have a 

significant effect on the human 

environment (categorical exclusions). 

(b) To find that a proposal is 

categorically excluded, DOE shall 

determine the following: 

(1) The proposal fits within a class of 

actions that is listed in appendix A or 

B to this subpart D; 

(2) There are no extraordinary 

circumstances related to the proposal 

that may affect the significance of the 

environmental effects of the proposal. 

Extraordinary circumstances are unique 

situations presented by specific 

proposals, including, but not limited to, 

scientific controversy about the 

environmental effects of the proposal; 

uncertain effects or effects involving 

unique or unknown risks; and 

unresolved conflicts concerning 

alternative uses of available resources; 

and 

(3) The proposal has not been 

segmented to meet the definition of a 

categorical exclusion. Segmentation can 

occur when a proposal is broken down 

into small parts in order to avoid the 

appearance of significance of the total 

action. The scope of a proposal must 

include the consideration of connected 

and cumulative actions, that is, the 

proposal is not connected to other 

actions with potentially significant 

impacts (40 CFR 1508.25(a)(1)), is not 

related to other actions with 

individually insignificant but 

cumulatively significant impacts (40 

CFR 1508.27(b)(7)), and is not precluded 

by 40 CFR 1506.1 or § 1021.211 of this 

part concerning limitations on actions 

during EIS preparation. 

(c) All categorical exclusions may be 

applied by any organizational element 

of DOE. The sectional divisions in 

appendix B to this subpart D are solely 

for purposes of organization of that 

appendix and are not intended to be 

limiting. 

(d) A class of actions includes 

activities foreseeably necessary to 

proposals encompassed within the class 

of actions (such as award of 

implementing grants and contracts, site 

preparation, purchase and installation 

of equipment, and associated 

transportation activities). 

(e) Categorical exclusion 

determinations for actions listed in 

appendix B shall be documented and 

made available to the public by posting 

online, generally within two weeks of 

the determination, unless additional 

time is needed in order to review and 

protect classified information, 

‘‘confidential business information,’’ or 

other information that DOE would not 

disclose pursuant to the Freedom of 

Information Act (FOIA) (5 U.S.C. 552). 

Posted categorical exclusion 

determinations shall not disclose 

classified information, ‘‘confidential 

business information,’’ or other 

information that DOE would not 

disclose pursuant to FOIA. (See also 10 

CFR 1021.340.) 

Appendix A to Subpart D of Part 

1021—Categorical Exclusions 

Applicable to General Agency Actions 

A1 Routine DOE Business Actions 

Routine actions necessary to support the 

normal conduct of DOE business limited to 

administrative, financial, and personnel 

actions. 

A2 Clarifying or Administrative Contract 

Actions 

Contract interpretations, amendments, and 

modifications that are clarifying or 

administrative in nature. 

A3 Certain Actions by Office of Hearings 

and Appeals 

Adjustments, exceptions, exemptions, 

appeals and stays, modifications, or 

rescissions of orders issued by the Office of 

Hearings and Appeals. 

A4 Interpretations and Rulings for Existing 

Regulations 

Interpretations and rulings with respect to 

existing regulations, or modifications or 

rescissions of such interpretations and 

rulings. 

A5 Interpretive Rulemakings With no 

Change in Environmental Effect 

Rulemakings interpreting or amending an 

existing rule or regulation that does not 

change the environmental effect of the rule 

or regulation being amended. 

A6 Procedural Rulemakings 

Rulemakings that are strictly procedural, 

including, but not limited to, rulemaking 

(under 48 CFR chapter 9) establishing 

procedures for technical and pricing 

proposals and establishing contract clauses 

and contracting practices for the purchase of 

goods and services, and rulemaking (under 

10 CFR part 600) establishing application and 

review procedures for, and administration, 

audit, and closeout of, grants and cooperative 

agreements. 

A7 [Reserved] 

A8 Awards of Certain Contracts 

Awards of contracts for technical support 

services, management and operation of a 

government-owned facility, and personal 

services. 

A9 Information Gathering, Analysis, and 

Dissemination 

Information gathering (including, but not 

limited to, literature surveys, inventories, site 

visits, and audits), data analysis (including, 

but not limited to, computer modeling), 

document preparation (including, but not 

limited to, conceptual design, feasibility 

studies, and analytical energy supply and 

demand studies), and information 

dissemination (including, but not limited to, 

document publication and distribution, and 

classroom training and informational 

programs), but not including site 


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characterization or environmental 

monitoring. (See also B3.1 of appendix B to 

this subpart.) 

A10 Reports and Recommendations on 

non-DOE Legislation 

Reports and recommendations on 

legislation or rulemaking that are not 

proposed by DOE. 

A11 Technical Advice and Assistance to 

Organizations 

Technical advice and planning assistance 

to international, national, State, and local 

organizations. 

A12 Emergency Preparedness Planning 

Emergency preparedness planning 

activities, including, but not limited to, the 

designation of onsite evacuation routes. 

A13 Procedural Documents 

Administrative, organizational, or 

procedural Policies, Orders, Notices, 

Manuals, and Guides. 

A14 Approval of Technical Exchange 

Arrangements 

Approval of technical exchange 

arrangements for information, data, or 

personnel with other countries or 

international organizations (including, but 

not limited to, assistance in identifying and 

analyzing another country’s energy resources, 

needs and options). 

A15 International Agreements for Energy 

Research and Development 

Approval of DOE participation in 

international ‘‘umbrella’’ agreements for 

cooperation in energy research and 

development activities that would not 

commit the U.S. to any specific projects or 

activities. 

Appendix B to Subpart D of Part 1021— 

Categorical Exclusions Applicable to 

Specific Agency Actions 

B. Conditions That Are Integral Elements of 

the Classes of Actions in Appendix B 

The classes of actions listed below include 

the following conditions as integral elements 

of the classes of actions. To fit within the 

classes of actions listed below, a proposal 

must be one that would not: 

(1) Threaten a violation of applicable 

statutory, regulatory, or permit requirements 

for environment, safety, and health, or 

similar requirements of DOE or Executive 

Orders; 

(2) Require siting and construction or 

major expansion of waste storage, disposal, 

recovery, or treatment facilities (including 

incinerators), but the proposal may include 

categorically excluded waste storage, 

disposal, recovery, or treatment actions or 

facilities; 

(3) Disturb hazardous substances, 

pollutants, contaminants, or CERCLAexcluded petroleum and natural gas products 

that preexist in the environment such that 

there would be uncontrolled or unpermitted 

releases; or 

(4) Have the potential to cause significant 

impacts on environmentally sensitive 

resources. An environmentally sensitive 

resource is typically a resource that has been 

identified as needing protection through 

Executive Order, statute, or regulation by 

Federal, State, or local government, or a 

Federally recognized Indian Tribe. An action 

may be categorically excluded if, although 

sensitive resources are present, the action 

would not have the potential to cause 

significant impacts on those resources (such 

as construction of a building with its 

foundation well above a sole-source aquifer 

or upland surface soil removal on a site that 

has wetlands). Environmentally sensitive 

resources include, but are not limited to: 

(i) Property (such as sites, buildings, 

structures, and objects) of historic, 

archeological, or architectural significance 

designated by Federal, State, or local 

governments, or a Federally recognized 

Indian Tribe, or property determined to be 

eligible for listing on the National Register of 

Historic Places; 

(ii) Federally-listed threatened or 

endangered species or their habitat 

(including critical habitat) or Federallyproposed or candidate species or their habitat 

(Endangered Species Act); State-listed 

endangered or threatened species or their 

habitat; and Federally-protected marine 

mammals and Essential Fish Habitat (Marine 

Mammals Protection Act; Magnuson-Stevens 

Fishery Conservation and Management Act); 

(iii) Floodplains and wetlands (as defined 

in 10 CFR 1022.4, ‘‘Compliance with 

Floodplain and Wetland Environmental 

Review Requirements: Definitions,’’ or its 

successor); 

(iv) Areas having a special designation 

such as Federally- and State-designated 

wilderness areas, national parks, national 

monuments, national natural landmarks, 

wild and scenic rivers, State and Federal 

wildlife refuges, scenic areas (such as 

National Scenic and Historic Trails or 

National Scenic Areas), and marine 

sanctuaries; 

(v) Prime or unique farmland, or other 

farmland of statewide or local importance, as 

defined at 7 CFR 658.2(a), ‘‘Farmland 

Protection Policy Act: Definitions,’’ or its 

successor; 

(vi) Special sources of water (such as solesource aquifers, wellhead protection areas, 

and other water sources that are vital in a 

region); and 

(vii) Tundra, coral reefs, or rain forests. 

B1. Categorical Exclusions Applicable to 

Facility Operation 

B1.1 Changing Rates and Prices 

Changing rates for services or prices for 

products marketed by parts of DOE other 

than Power Marketing Administrations, and 

approval of rate or price changes for nonDOE entities, that are consistent with the 

change in the implicit price deflator for the 

Gross Domestic Product published by the 

Department of Commerce, during the period 

since the last rate or price change. 

B1.2 Training Exercises and Simulations 

Training exercises and simulations 

(including, but not limited to, firing-range 

training, small-scale and short-duration 

force-on-force exercises, emergency response 

training, fire fighter and rescue training, and 

decontamination and spill cleanup training) 

conducted under appropriately controlled 

conditions and in accordance with applicable 

requirements. 

B1.3 Routine Maintenance 

Routine maintenance activities and 

custodial services for buildings, structures, 

rights-of-way, infrastructures (including, but 

not limited to, pathways, roads, and 

railroads), vehicles and equipment, and 

localized vegetation and pest control, during 

which operations may be suspended and 

resumed, provided that the activities would 

be conducted in a manner in accordance with 

applicable requirements. Custodial services 

are activities to preserve facility appearance, 

working conditions, and sanitation (such as 

cleaning, window washing, lawn mowing, 

trash collection, painting, and snow 

removal). Routine maintenance activities, 

corrective (that is, repair), preventive, and 

predictive, are required to maintain and 

preserve buildings, structures, 

infrastructures, and equipment in a condition 

suitable for a facility to be used for its 

designated purpose. Such maintenance may 

occur as a result of severe weather (such as 

hurricanes, floods, and tornados), wildfires, 

and other such events. Routine maintenance 

may result in replacement to the extent that 

replacement is in-kind and is not a 

substantial upgrade or improvement. In-kind 

replacement includes installation of new 

components to replace outmoded 

components, provided that the replacement 

does not result in a significant change in the 

expected useful life, design capacity, or 

function of the facility. Routine maintenance 

does not include replacement of a major 

component that significantly extends the 

originally intended useful life of a facility 

(for example, it does not include the 

replacement of a reactor vessel near the end 

of its useful life). Routine maintenance 

activities include, but are not limited to: 

(a) Repair or replacement of facility 

equipment, such as lathes, mills, pumps, and 

presses; 

(b) Door and window repair or 

replacement; 

(c) Wall, ceiling, or floor repair or 

replacement; 

(d) Reroofing; 

(e) Plumbing, electrical utility, lighting, 

and telephone service repair or replacement; 

(f) Routine replacement of high-efficiency 

particulate air filters; 

(g) Inspection and/or treatment of currently 

installed utility poles; 

(h) Repair of road embankments; 

(i) Repair or replacement of fire protection 

sprinkler systems; 

(j) Road and parking area resurfacing, 

including construction of temporary access to 

facilitate resurfacing, and scraping and 

grading of unpaved surfaces; 

(k) Erosion control and soil stabilization 

measures (such as reseeding and 

revegetation); 

(l) Surveillance and maintenance of 

surplus facilities in accordance with DOE 

Order 435.1, ‘‘Radioactive Waste 

Management,’’ or its successor; 

(m) Repair and maintenance of 

transmission facilities, such as replacement 


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of conductors of the same nominal voltage, 

poles, circuit breakers, transformers, 

capacitors, crossarms, insulators, and 

downed transmission lines, in accordance, 

where appropriate, with 40 CFR part 761 

(Polychlorinated Biphenyls Manufacturing, 

Processing, Distribution in Commerce, and 

Use Prohibitions) or its successor; 

(n) Routine testing and calibration of 

facility components, subsystems, or portable 

equipment (such as control valves, in-core 

monitoring devices, transformers, capacitors, 

monitoring wells, lysimeters, weather 

stations, and flumes); 

(o) Routine decontamination of the 

surfaces of equipment, rooms, hot cells, or 

other interior surfaces of buildings (by such 

activities as wiping with rags, using 

strippable latex, and minor vacuuming), and 

removal of contaminated intact equipment 

and other material (not including spent 

nuclear fuel or special nuclear material in 

nuclear reactors); and 

(p) Removal of debris. 

B1.4 Air Conditioning Systems for Existing 

Equipment 

Installation or modification of air 

conditioning systems required for 

temperature control for operation of existing 

equipment. 

B1.5 Existing Steam Plants and Cooling 

Water Systems 

Minor improvements to existing steam 

plants and cooling water systems (including, 

but not limited to, modifications of existing 

cooling towers and ponds), provided that the 

improvements would not: (1) Create new 

sources of water or involve new receiving 

waters; (2) have the potential to cause 

significant impacts on water withdrawals or 

the temperature of discharged water; or (3) 

increase introductions of, or involve new 

introductions of, hazardous substances, 

pollutants, contaminants, or CERCLAexcluded petroleum and natural gas 

products. 

B1.6 Tanks and Equipment To Control 

Runoff and Spills 

Installation or modification of retention 

tanks or small (normally under one acre) 

basins and associated piping and pumps for 

existing operations to control runoff or spills 

(such as under 40 CFR part 112). 

Modifications include, but are not limited to, 

installing liners or covers. (See also B1.33 of 

this appendix.) 

B1.7 Electronic Equipment 

Acquisition, installation, operation, 

modification, and removal of electricity 

transmission control and monitoring devices 

for grid demand and response, 

communication systems, data processing 

equipment, and similar electronic 

equipment. 

B1.8 Screened Water Intake and Outflow 

Structures 

Modifications to screened water intake and 

outflow structures such that intake velocities 

and volumes and water effluent quality and 

volumes are consistent with existing permit 

limits. 

B1.9 Airway Safety Markings and Painting 

Placement of airway safety markings on, 

painting of, and repair and in-kind 

replacement of lighting on electrical 

transmission lines and antenna structures, 

wind turbines, and similar structures in 

accordance with applicable requirements 

(such as Federal Aviation Administration 

standards). 

B1.10 Onsite Storage of Activated Material 

Routine, onsite storage at an existing 

facility of activated equipment and material 

(including, but not limited to, lead) used at 

that facility, to allow reuse after decay of 

radioisotopes with short half-lives. 

B1.11 Fencing 

Installation of fencing, including, but not 

limited to border marking, that would not 

have the potential to cause significant 

impacts on wildlife populations or migration 

or surface water flow. 

B1.12 Detonation or Burning of Explosives 

or Propellants After Testing 

Outdoor detonation or burning of 

explosives or propellants that failed (duds), 

were damaged (such as by fracturing), or 

were otherwise not consumed in testing. 

Outdoor detonation or burning would be in 

areas designated and routinely used for those 

purposes under existing applicable permits 

issued by Federal, State, and local authorities 

(such as a permit for a RCRA miscellaneous 

unit (40 CFR part 264, subpart X)). 

B1.13 Pathways, Short Access Roads, and 

Rail Lines 

Construction, acquisition, and relocation, 

consistent with applicable right-of-way 

conditions and approved land use or 

transportation improvement plans, of 

pedestrian walkways and trails, bicycle 

paths, small outdoor fitness areas, and short 

access roads and rail lines (such as branch 

and spur lines). 

B1.14 Refueling of Nuclear Reactors 

Refueling of operating nuclear reactors, 

during which operations may be suspended 

and then resumed. 

B1.15 Support Buildings 

Siting, construction or modification, and 

operation of support buildings and support 

structures (including, but not limited to, 

trailers and prefabricated and modular 

buildings) within or contiguous to an already 

developed area (where active utilities and 

currently used roads are readily accessible). 

Covered support buildings and structures 

include, but are not limited to, those for 

office purposes; parking; cafeteria services; 

education and training; visitor reception; 

computer and data processing services; 

health services or recreation activities; 

routine maintenance activities; storage of 

supplies and equipment for administrative 

services and routine maintenance activities; 

security (such as security posts); fire 

protection; small-scale fabrication (such as 

machine shop activities), assembly, and 

testing of non-nuclear equipment or 

components; and similar support purposes, 

but exclude facilities for nuclear weapons 

activities and waste storage activities, such as 

activities covered in B1.10, B1.29, B1.35, 

B2.6, B6.2, B6.4, B6.5, B6.6, and B6.10 of this 

appendix. 

B1.16 Asbestos Removal 

Removal of asbestos-containing materials 

from buildings in accordance with applicable 

requirements (such as 40 CFR part 61, 

‘‘National Emission Standards for Hazardous 

Air Pollutants’’; 40 CFR part 763, ‘‘Asbestos’’; 

29 CFR part 1910, subpart I, ‘‘Personal 

Protective Equipment’’; and 29 CFR part 

1926, ‘‘Safety and Health Regulations for 

Construction’’; and appropriate State and 

local requirements, including certification of 

removal contractors and technicians). 

B1.17 Polychlorinated Biphenyl Removal 

Removal of polychlorinated biphenyl 

(PCB)-containing items (including, but not 

limited to, transformers and capacitors), PCBcontaining oils flushed from transformers, 

PCB-flushing solutions, and PCB-containing 

spill materials from buildings or other 

aboveground locations in accordance with 

applicable requirements (such as 40 CFR part 

761). 

B1.18 Water Supply Wells 

Siting, construction, and operation of 

additional water supply wells (or 

replacement wells) within an existing well 

field, or modification of an existing water 

supply well to restore production, provided 

that there would be no drawdown other than 

in the immediate vicinity of the pumping 

well, and the covered actions would not have 

the potential to cause significant long-term 

decline of the water table, and would not 

have the potential to cause significant 

degradation of the aquifer from the new or 

replacement well. 

B1.19 Microwave, Meteorological, and 

Radio Towers 

Siting, construction, modification, 

operation, abandonment, and removal of 

microwave, radio communication, and 

meteorological towers and associated 

facilities, provided that the towers and 

associated facilities would not be in a 

governmentally designated scenic area (see 

B(4)(iv) of this appendix) unless otherwise 

authorized by the appropriate governmental 

entity. 

B1.20 Protection of Cultural Resources, Fish 

and Wildlife Habitat 

Small-scale activities undertaken to protect 

cultural resources (such as fencing, labeling, 

and flagging) or to protect, restore, or 

improve fish and wildlife habitat, fish 

passage facilities (such as fish ladders and 

minor diversion channels), or fisheries. Such 

activities would be conducted in accordance 

with an existing natural or cultural resource 

plan, if any. 

B1.21 Noise Abatement 

Noise abatement measures (including, but 

not limited to, construction of noise barriers 

and installation of noise control materials). 

B1.22 Relocation of Buildings 

Relocation of buildings (including, but not 

limited to, trailers and prefabricated 

buildings) to an already developed area 


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(where active utilities and currently used 

roads are readily accessible). 

B1.23 Demolition and Disposal of Buildings 

Demolition and subsequent disposal of 

buildings, equipment, and support structures 

(including, but not limited to, smoke stacks 

and parking lot surfaces), provided that there 

would be no potential for release of 

substances at a level, or in a form, that could 

pose a threat to public health or the 

environment. 

B1.24 Property Transfers 

Transfer, lease, disposition, or acquisition 

of interests in personal property (including, 

but not limited to, equipment and materials) 

or real property (including, but not limited 

to, permanent structures and land), provided 

that under reasonably foreseeable uses (1) 

there would be no potential for release of 

substances at a level, or in a form, that could 

pose a threat to public health or the 

environment and (2) the covered actions 

would not have the potential to cause a 

significant change in impacts from before the 

transfer, lease, disposition, or acquisition of 

interests. 

B1.25 Property Transfers for Cultural 

Resources Protection, Habitat Preservation, 

and Wildlife Management 

Transfer, lease, disposition, or acquisition 

of interests in land and associated buildings 

for cultural resources protection, habitat 

preservation, or fish and wildlife 

management, provided that there would be 

no potential for release of substances at a 

level, or in a form, that could pose a threat 

to public health or the environment. 

B1.26 Small Water Treatment Facilities 

Siting, construction, expansion, 

modification, replacement, operation, and 

decommissioning of small (total capacity less 

than approximately 250,000 gallons per day) 

wastewater and surface water treatment 

facilities whose liquid discharges are 

externally regulated, and small potable water 

and sewage treatment facilities. 

B1.27 Disconnection of Utilities 

Activities that are required for the 

disconnection of utility services (including, 

but not limited to, water, steam, 

telecommunications, and electrical power) 

after it has been determined that the 

continued operation of these systems is not 

needed for safety. 

B1.28 Placing a Facility in an 

Environmentally Safe Condition 

Minor activities that are required to place 

a facility in an environmentally safe 

condition where there is no proposed use for 

the facility. These activities would include, 

but are not limited to, reducing surface 

contamination, and removing materials, 

equipment or waste (such as final defueling 

of a reactor, where there are adequate 

existing facilities for the treatment, storage, 

or disposal of the materials, equipment or 

waste). These activities would not include 

conditioning, treatment, or processing of 

spent nuclear fuel, high-level waste, or 

special nuclear materials. 

B1.29 Disposal Facilities for Construction 

and Demolition Waste 

Siting, construction, expansion, 

modification, operation, and 

decommissioning of small (less than 

approximately 10 acres) solid waste disposal 

facilities for construction and demolition 

waste, in accordance with applicable 

requirements (such as 40 CFR part 257, 

‘‘Criteria for Classification of Solid Waste 

Disposal Facilities and Practices,’’ and 40 

CFR part 61, ‘‘National Emission Standards 

for Hazardous Air Pollutants’’) that would not 

release substances at a level, or in a form, 

that could pose a threat to public health or 

the environment. 

B1.30 Transfer Actions 

Transfer actions, in which the predominant 

activity is transportation, provided that (1) 

the receipt and storage capacity and 

management capability for the amount and 

type of materials, equipment, or waste to be 

moved already exists at the receiving site and 

(2) all necessary facilities and operations at 

the receiving site are already permitted, 

licensed, or approved, as appropriate. Such 

transfers are not regularly scheduled as part 

of ongoing routine operations. 

B1.31 Installation or Relocation of 

Machinery and Equipment 

Installation or relocation and operation of 

machinery and equipment (including, but not 

limited to, laboratory equipment, electronic 

hardware, manufacturing machinery, 

maintenance equipment, and health and 

safety equipment), provided that uses of the 

installed or relocated items are consistent 

with the general missions of the receiving 

structure. Covered actions include 

modifications to an existing building, within 

or contiguous to a previously disturbed or 

developed area, that are necessary for 

equipment installation and relocation. Such 

modifications would not appreciably 

increase the footprint or height of the existing 

building or have the potential to cause 

significant changes to the type and 

magnitude of environmental impacts. 

B1.32 Traffic Flow Adjustments 

Traffic flow adjustments to existing roads 

(including, but not limited to, stop sign or 

traffic light installation, adjusting direction of 

traffic flow, and adding turning lanes), and 

road adjustments (including, but not limited 

to, widening and realignment) that are within 

an existing right-of-way and consistent with 

approved land use or transportation 

improvement plans. 

B1.33 Stormwater Runoff Control 

Design, construction, and operation of 

control practices to reduce stormwater runoff 

and maintain natural hydrology. Activities 

include, but are not limited to, those that 

reduce impervious surfaces (such as 

vegetative practices and use of porous 

pavements), best management practices (such 

as silt fences, straw wattles, and fiber rolls), 

and use of green infrastructure or other low 

impact development practices (such as 

cisterns and green roofs). 

B1.34 Lead-based Paint 

Containment, removal, and disposal of 

lead-based paint in accordance with 

applicable requirements (such as provisions 

relating to the certification of removal 

contractors and technicians at 40 CFR part 

745, ‘‘Lead-Based Paint Poisoning Prevention 

In Certain Residential Structures’’). 

B1.35 Drop-off, Collection and Transfer 

Facilities for Recyclable Materials 

Siting, construction, modification, and 

operation of recycling or compostable 

material drop-off, collection, and transfer 

stations on or contiguous to a previously 

disturbed or developed area and in an area 

where such a facility would be consistent 

with existing zoning requirements. The 

stations would have appropriate facilities 

and procedures established in accordance 

with applicable requirements for the 

handling of recyclable or compostable 

materials and household hazardous waste 

(such as paint and pesticides). Except as 

specified above, the collection of hazardous 

waste for disposal and the processing of 

recyclable or compostable materials are not 

included in this class of actions. 

B1.36 Determinations of Excess Real 

Property 

Determinations that real property is excess 

to the needs of DOE and, in the case of 

acquired real property, the subsequent 

reporting of such determinations to the 

General Services Administration or, in the 

case of lands withdrawn or otherwise 

reserved from the public domain, the 

subsequent filing of a notice of intent to 

relinquish with the Bureau of Land 

Management, Department of the Interior. 

Covered actions would not include disposal 

of real property. 

B2. Categorical Exclusions Applicable to 

Safety and Health 

B2.1 Workplace Enhancements 

Modifications within or contiguous to an 

existing structure, in a previously disturbed 

or developed area, to enhance workplace 

habitability (including, but not limited to, 

installation or improvements to lighting, 

radiation shielding, or heating/ventilating/air 

conditioning and its instrumentation, and 

noise reduction). 

B2.2 Building and Equipment 

Instrumentation 

Installation of, or improvements to, 

building and equipment instrumentation 

(including, but not limited to, remote control 

panels, remote monitoring capability, alarm 

and surveillance systems, control systems to 

provide automatic shutdown, fire detection 

and protection systems, water consumption 

monitors and flow control systems, 

announcement and emergency warning 

systems, criticality and radiation monitors 

and alarms, and safeguards and security 

equipment). 

B2.3 Personnel Safety and Health 

Equipment 

Installation of, or improvements to, 

equipment for personnel safety and health 

(including, but not limited to, eye washes, 


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safety showers, radiation monitoring devices, 

fumehoods, and associated collection and 

exhaust systems), provided that the covered 

actions would not have the potential to cause 

a significant increase in emissions. 

B2.4 Equipment Qualification 

Activities undertaken to (1) qualify 

equipment for use or improve systems 

reliability or (2) augment information on 

safety-related system components. These 

activities include, but are not limited to, 

transportation container qualification testing, 

crane and lift-gear certification or 

recertification testing, high efficiency 

particulate air filter testing and certification, 

stress tests (such as ‘‘burn-in’’ testing of 

electrical components and leak testing), and 

calibration of sensors or diagnostic 

equipment. 

B2.5 Facility Safety and Environmental 

Improvements 

Safety and environmental improvements of 

a facility (including, but not limited to, 

replacement and upgrade of facility 

components) that do not result in a 

significant change in the expected useful life, 

design capacity, or function of the facility 

and during which operations may be 

suspended and then resumed. Improvements 

include, but are not limited to, replacement/ 

upgrade of control valves, in-core monitoring 

devices, facility air filtration systems, or 

substation transformers or capacitors; 

addition of structural bracing to meet 

earthquake standards and/or sustain high 

wind loading; and replacement of 

aboveground or belowground tanks and 

related piping, provided that there is no 

evidence of leakage, based on testing in 

accordance with applicable requirements 

(such as 40 CFR part 265, ‘‘Interim Status 

Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, and 

Disposal Facilities’’ and 40 CFR part 280, 

‘‘Technical Standards and Corrective Action 

Requirements for Owners and Operators of 

Underground Storage Tanks’’). These actions 

do not include rebuilding or modifying 

substantial portions of a facility (such as 

replacing a reactor vessel). 

B2.6 Recovery of Radioactive Sealed 

Sources 

Recovery of radioactive sealed sources and 

sealed source-containing devices from 

domestic or foreign locations provided that 

(1) the recovered items are transported and 

stored in compliant containers, and (2) the 

receiving site has sufficient existing storage 

capacity and all required licenses, permits, 

and approvals. 

B3. Categorical Exclusions Applicable to Site 

Characterization, Monitoring, and General 

Research 

B3.1 Site Characterization and 

Environmental Monitoring 

Site characterization and environmental 

monitoring (including, but not limited to, 

siting, construction, modification, operation, 

and dismantlement and abandonment of 

characterization and monitoring devices, and 

siting, construction, and associated operation 

of a small-scale laboratory building or 

renovation of a room in an existing building 

for sample analysis). Such activities would 

not have the potential to cause significant 

impacts from ground disturbance. Covered 

activities include, but are not limited to, site 

characterization and environmental 

monitoring under CERCLA and RCRA. (This 

class of actions excludes activities in salt 

water and freshwater. See B3.16 of this 

appendix for salt water and freshwater 

activities.) Specific activities include, but are 

not limited to: 

(a) Geological, geophysical (such as gravity, 

magnetic, electrical, seismic, radar, and 

temperature gradient), geochemical, and 

engineering surveys and mapping, and the 

establishment of survey marks. Seismic 

techniques would not include large-scale 

reflection or refraction testing; 

(b) Installation and operation of field 

instruments (such as stream-gauging stations 

or flow-measuring devices, telemetry 

systems, geochemical monitoring tools, and 

geophysical exploration tools); 

(c) Drilling of wells for sampling or 

monitoring of groundwater or the vadose 

(unsaturated) zone, well logging, and 

installation of water-level recording devices 

in wells; 

(d) Aquifer and underground reservoir 

response testing; 

(e) Installation and operation of ambient air 

monitoring equipment; 

(f) Sampling and characterization of water, 

soil, rock, or contaminants (such as drilling 

using truck- or mobile-scale equipment, and 

modification, use, and plugging of 

boreholes); 

(g) Sampling and characterization of water 

effluents, air emissions, or solid waste 

streams; 

(h) Installation and operation of 

meteorological towers and associated 

activities (such as assessment of potential 

wind energy resources); 

(i) Sampling of flora or fauna; and 

(j) Archeological, historic, and cultural 

resource identification in compliance with 36 

CFR part 800 and 43 CFR part 7. 

B3.2 Aviation Activities 

Aviation activities for survey, monitoring, 

or security purposes that comply with 

Federal Aviation Administration regulations. 

B3.3 Research Related to Conservation of 

Fish, Wildlife, and Cultural Resources 

Field and laboratory research, inventory, 

and information collection activities that are 

directly related to the conservation of fish 

and wildlife resources or to the protection of 

cultural resources, provided that such 

activities would not have the potential to 

cause significant impacts on fish and wildlife 

habitat or populations or to cultural 

resources. 

B3.4 Transport Packaging Tests for 

Radioactive or Hazardous Material 

Drop, puncture, water-immersion, thermal, 

and fire tests of transport packaging for 

radioactive or hazardous materials to certify 

that designs meet the applicable 

requirements (such as 49 CFR 173.411 and 

173.412 and 10 CFR 71.73). 

B3.5 Tank Car Tests 

Tank car tests under 49 CFR part 179 

(including, but not limited to, tests of safety 

relief devices, pressure regulators, and 

thermal protection systems). 

B3.6 Small-Scale Research and 

Development, Laboratory Operations, and 

Pilot Projects 

Siting, construction, modification, 

operation, and decommissioning of facilities 

for small-scale research and development 

projects; conventional laboratory operations 

(such as preparation of chemical standards 

and sample analysis); and small-scale pilot 

projects (generally less than 2 years) 

frequently conducted to verify a concept 

before demonstration actions, provided that 

construction or modification would be 

within or contiguous to a previously 

disturbed or developed area (where active 

utilities and currently used roads are readily 

accessible). For purposes of this category, 

‘‘demonstration actions’’ means actions that 

are undertaken at a scale to show whether a 

technology would be viable on a larger scale 

and suitable for commercial deployment. 

Demonstration actions frequently follow 

research and development and pilot projects 

that are directed at establishing proof of 

concept. 

B3.7 New Terrestrial Infill Exploratory and 

Experimental Wells 

Siting, construction, and operation of new 

terrestrial infill exploratory and experimental 

(test) wells in a locally characterized 

geological formation in a field that contains 

existing operating wells, properly abandoned 

wells, or unminable coal seams containing 

natural gas, provided that the site 

characterization has verified a low potential 

for seismicity, subsidence, and 

contamination of freshwater aquifers, and the 

actions are otherwise consistent with 

applicable best practices and DOE protocols, 

including those that protect against 

uncontrolled releases of harmful materials. 

Such wells may include those for brine, 

carbon dioxide, coalbed methane, gas 

hydrate, geothermal, natural gas, and oil. 

Uses for carbon sequestration wells include, 

but are not limited to, the study of saline 

formations, enhanced oil recovery, and 

enhanced coalbed methane extraction. 

B3.8 Outdoor Terrestrial Ecological and 

Environmental Research 

Outdoor terrestrial ecological and 

environmental research in a small area 

(generally less than 5 acres), including, but 

not limited to, siting, construction, and 

operation of a small-scale laboratory building 

or renovation of a room in an existing 

building for associated analysis, provided 

that such activities would not have the 

potential to cause significant impacts on the 

ecosystem. These actions include, but are not 

limited to, small test plots for energy-related 

biomass or biofuels research. Such research 

may include the use of genetically 

engineered plants where the test plot of such 

plants and associated activities have been 

authorized by the U.S. Department of 

Agriculture, in accordance with applicable 

requirements (such as 7 CFR part 340), 


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including the use of any required 

confinement measures and buffer zones. 

B3.9 Projects To Reduce Emissions and 

Waste Generation 

Projects to reduce emissions and waste 

generation at existing fossil or alternative fuel 

combustion or utilization facilities, provided 

that these projects would not have the 

potential to cause a significant increase in the 

quantity or rate of air emissions. For this 

category of actions, ‘‘fuel’’ includes coal, oil, 

natural gas, hydrogen, syngas, and biomass. 

Neither ‘‘fuel’’ nor ‘‘alternative fuel’’ herein 

includes nuclear fuels. Covered actions 

include, but are not limited to: 

(a) Test treatment of the throughput 

product (solid, liquid, or gas) generated at an 

existing and fully operational fuel 

combustion or utilization facility; 

(b) Addition or replacement of equipment 

for reduction or control of sulfur dioxide, 

oxides of nitrogen, or other regulated 

substances that requires only minor 

modification to the existing structures at an 

existing fuel combustion or utilization 

facility, for which the existing use remains 

essentially unchanged; 

(c) Addition or replacement of equipment 

for reduction or control of sulfur dioxide, 

oxides of nitrogen, or other regulated 

substances that involves no permanent 

change in the quantity or quality of fuel 

burned or used and involves no permanent 

change in the capacity factor of the fuel 

combustion or utilization facility; and 

(d) Addition or modification of equipment 

for capture and control of carbon dioxide or 

other regulated substances, provided that 

adequate infrastructure is in place to manage 

such substances. 

B3.10 Particle Accelerators 

Siting, construction, modification, 

operation, and decommissioning of particle 

accelerators, including electron beam 

accelerators, with primary beam energy less 

than approximately 100 million electron 

volts (MeV) and average beam power less 

than approximately 250 kilowatts (kW), and 

associated beamlines, storage rings, colliders, 

and detectors, for research and medical 

purposes (such as proton therapy), and 

isotope production, within or contiguous to 

a previously disturbed or developed area 

(where active utilities and currently used 

roads are readily accessible), or internal 

modification of any accelerator facility 

regardless of energy, that does not increase 

primary beam energy or current. In cases 

where the beam energy exceeds 100 MeV, the 

average beam power must be less than 250 

kW, so as not to exceed an average current 

of 2.5 milliamperes (mA). 

B3.11 Outdoor Tests and Experiments on 

Materials and Equipment Components 

Outdoor tests and experiments for the 

development, quality assurance, or reliability 

of materials and equipment (including, but 

not limited to, weapon system components) 

under controlled conditions. Covered actions 

include, but are not limited to, burn tests 

(such as tests of electric cable fire resistance 

or the combustion characteristics of fuels), 

impact tests (such as pneumatic ejector tests 

using earthen embankments or concrete slabs 

designated and routinely used for that 

purpose), or drop, puncture, waterimmersion, or thermal tests. Covered actions 

would not involve source, special nuclear, or 

byproduct materials, except that 

encapsulated sources that contain source, 

special nuclear, or byproduct materials may 

be used for nondestructive actions such as 

detector/sensor development and testing and 

first responder field training. 

B3.12 Microbiological and Biomedical 

Facilities 

Siting, construction, modification, 

operation, and decommissioning of 

microbiological and biomedical diagnostic, 

treatment and research facilities (excluding 

Biosafety Level-3 and Biosafety Level-4), in 

accordance with applicable requirements or 

best practices (such as Biosafety in 

Microbiological and Biomedical Laboratories, 

5th Edition, Feb. 2007, U.S. Department of 

Health and Human Services, Centers for 

Disease Control and Prevention, and the 

National Institutes of Health) including, but 

not limited to, laboratories, treatment areas, 

offices, and storage areas, within or 

contiguous to a previously disturbed or 

developed area (where active utilities and 

currently used roads are readily accessible). 

Operation may include the purchase, 

installation, and operation of biomedical 

equipment (such as commercially available 

cyclotrons that are used to generate 

radioisotopes and radiopharmaceuticals, and 

commercially available biomedical imaging 

and spectroscopy instrumentation). 

B3.13 Magnetic Fusion Experiments 

Performing magnetic fusion experiments 

that do not use tritium as fuel, within 

existing facilities (including, but not limited 

to, necessary modifications). 

B3.14 Small-Scale Educational Facilities 

Siting, construction, modification, 

operation, and decommissioning of smallscale educational facilities (including, but 

not limited to, conventional teaching 

laboratories, libraries, classroom facilities, 

auditoriums, museums, visitor centers, 

exhibits, and associated offices) within or 

contiguous to a previously disturbed or 

developed area (where active utilities and 

currently used roads are readily accessible). 

Operation may include, but is not limited to, 

purchase, installation, and operation of 

equipment (such as audio/visual and 

laboratory equipment) commensurate with 

the educational purpose of the facility. 

B3.15 Small-Scale Indoor Research and 

Development Projects Using Nanoscale 

Materials 

Siting, construction, modification, 

operation, and decommissioning of facilities 

for indoor small-scale research and 

development projects and small-scale pilot 

projects using nanoscale materials in 

accordance with applicable requirements 

(such as engineering, worker safety, 

procedural, and administrative regulations) 

necessary to ensure the containment of any 

biohazardous materials. Construction and 

modification activities would be within or 

contiguous to a previously disturbed or 

developed area (where active utilities and 

currently used roads are readily accessible). 

B3.16 Research Activities in Salt Water and 

Freshwater Environments 

Small-scale, temporary surveying, site 

characterization, and research activities in 

salt water and freshwater environments, 

limited to: 

(a) Acquisition of rights-of-way, easements, 

and temporary use permits; 

(b) Data collection, environmental 

monitoring, and nondestructive research 

programs; 

(c) Resource evaluation activities including 

surveying and mapping, but excluding 

seismic activities other than passive 

techniques; 

(d) Collection of geological, 

paleontological, mineralogical, geochemical, 

biological, and geotechnical data and 

samples, but excluding large-scale vibratory 

coring techniques; 

(e) Installation of monitoring and recording 

devices; 

(f) Installation of equipment for flow 

testing of existing wells including equipment 

for fluid analysis; and 

(g) Ecological and environmental research 

provided that such activities would not have 

the potential to cause significant impacts on 

the ecosystem. 

These activities would be conducted in 

accordance with, where applicable, an 

approved spill prevention, control, and 

response plan and would incorporate 

appropriate control technologies and best 

management practices. None of the above 

activities would occur within the boundary 

of an established marine sanctuary or 

wildlife refuge, a governmentally proposed 

marine sanctuary or wildlife refuge, or a 

governmentally recognized area of high 

biological sensitivity (such as protected areas 

and other areas of known ecological 

importance, whale and marine mammal 

mating and calving/pupping areas, and fish 

and invertebrate spawning and nursery areas 

recognized as being limited or unique and 

vulnerable to perturbation; these areas can 

occur in bays, estuaries, near shore, and far 

offshore, and may vary seasonally), or 

outside those areas if the activities would 

have the potential to cause significant 

impacts within those areas. No permanent 

facilities or devices would be constructed or 

installed. Covered actions do not include 

drilling of resource exploration or extraction 

wells. 

B4. Categorical Exclusions Applicable to 

Power Resources 

B4.1 Contracts, Policies, and Marketing and 

Allocation Plans for Electric Power 

Establishment and implementation of 

contracts, policies, and marketing and 

allocation plans related to electric power 

acquisition or transmission that involve only 

the use of the existing transmission system 

and existing generation resources operating 

within their normal operating limits. 

B4.2 Export of Electric Energy 

Export of electric energy as provided by 

Section 202(e) of the Federal Power Act over 

existing transmission systems or using 


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transmission system changes that are 

themselves categorically excluded. 

B4.3 Electric Power Marketing Rate 

Changes 

Rate changes for electric power, power 

transmission, and other products or services 

provided by a Power Marketing 

Administration that are based on a change in 

revenue requirements if the operations of 

generation projects would remain within 

normal operating limits. 

B4.4 Power Marketing Services and 

Activities 

Power marketing services and power 

management activities (including, but not 

limited to, storage, load shaping, seasonal 

exchanges, and other similar activities), 

provided that the operations of generating 

projects would remain within normal 

operating limits. 

B4.5 Temporary Adjustments to River 

Operations 

Temporary adjustments to river operations 

to accommodate day-to-day river 

fluctuations, power demand changes, fish 

and wildlife conservation program 

requirements, and other external events, 

provided that the adjustments would occur 

within the existing operating constraints of 

the particular hydrosystem operation. 

B4.6 Additions and Modifications to 

Transmission Facilities 

Additions or modifications to electric 

power transmission facilities that would not 

have the potential to cause significant 

impacts beyond the previously disturbed or 

developed facility area (including, but not 

limited to, switchyard rock grounding 

upgrades, secondary containment projects, 

paving projects, seismic upgrading, tower 

modifications, load shaping projects (such as 

the installation and use of flywheels and 

battery arrays), changing insulators, and 

replacement of poles, circuit breakers, 

conductors, transformers, and crossarms). 

B4.7 Fiber Optic Cable 

Adding fiber optic cables to transmission 

facilities or burying fiber optic cable in 

existing transmission line or pipeline rightsof-way. Covered actions may include 

associated vaults and pulling and tensioning 

sites outside of rights-of-way in nearby 

previously disturbed or developed areas. 

B4.8 Electricity Transmission Agreements 

New electricity transmission agreements, 

and modifications to existing transmission 

arrangements, to use a transmission facility 

of one system to transfer power of and for 

another system, provided that no new 

generation projects would be involved and 

no physical changes in the transmission 

system would be made beyond the 

previously disturbed or developed facility 

area. 

B4.9 Multiple Use of Transmission Line 

Rights-of-Way 

Granting or denying requests for multiple 

uses of a transmission facility’s rights-of-way 

(including, but not limited to, grazing 

permits and crossing agreements for electric 

lines, water lines, natural gas pipelines, 

communications cables, roads, and drainage 

culverts). 

B4.10 Removal of Electric Transmission 

Lines and Substations 

Deactivation, dismantling, and removal of 

electric transmission facilities (including, but 

not limited to, electric transmission lines, 

substations, and switching stations) and 

abandonment and restoration of rights-of-way 

(including, but not limited to, associated 

access roads). 

B4.11 Electric Power Substations and 

Interconnection Facilities 

Construction or modification of electric 

power substations or interconnection 

facilities (including, but not limited to, 

switching stations and support facilities) that 

are not for the interconnection of a new 

generation resource into a Power Marketing 

Administration’s transmission system, 

unless: (1) The new generation resource 

would be eligible for categorical exclusion 

under this part and (2) the new generation 

resource would be equal to or less than 50 

average megawatts. 

B4.12 Construction of Transmission Lines 

Construction of electric transmission lines 

approximately 10 miles in length or less 

inside or outside of previously disturbed or 

developed transmission line or pipeline 

rights-of-way, or approximately 20 miles in 

length or less inside of previously disturbed 

or developed transmission line or pipeline 

rights-of-way, that are not for the 

interconnection of a new generation resource 

into a Power Marketing Administration’s 

transmission system, unless: (1) The new 

generation resource would be eligible for 

categorical exclusion under this part and (2) 

the new generation resource would be equal 

to or less than 50 average megawatts. 

B4.13 Upgrading and Rebuilding Existing 

Transmission Lines 

Upgrading or rebuilding approximately 20 

miles in length or less of existing electric 

transmission lines, which may involve minor 

relocations of small segments of the 

transmission lines, that is not for the 

interconnection of a new generation resource 

into a Power Marketing Administration’s 

transmission system, unless: (1) The new 

generation resource would be eligible for 

categorical exclusion under this part and (2) 

the new generation resource would be equal 

to or less than 50 average megawatts. 

B5. Categorical Exclusions Applicable to 

Conservation, Fossil, and Renewable Energy 

Activities 

B5.1 Actions To Conserve Energy or Water 

(a) Actions to conserve energy or water, 

demonstrate potential energy or water 

conservation, and promote energy efficiency 

that would not have the potential to cause 

significant changes in the indoor or outdoor 

concentrations of potentially harmful 

substances. These actions may involve 

financial and technical assistance to 

individuals (such as builders, owners, 

consultants, manufacturers, and designers), 

organizations (such as utilities), and 

governments (such as State, local, and 

Tribal). Covered actions include, but are not 

limited to weatherization (such as insulation 

and replacing windows and doors); 

programmed lowering of thermostat settings; 

placement of timers on hot water heaters; 

installation or replacement of energy efficient 

lighting, low-flow plumbing fixtures (such as 

faucets, toilets, and showerheads), heating, 

ventilation, and air conditioning systems, 

and appliances; installation of drip-irrigation 

systems; improvements in generator 

efficiency and appliance efficiency ratings; 

efficiency improvements for vehicles and 

transportation (such as fleet changeout); 

power storage (such as flywheels and 

batteries, generally less than 10 megawatt 

equivalent); transportation management 

systems (such as traffic signal control 

systems, car navigation, speed cameras, and 

automatic plate number recognition); 

development of energy-efficient 

manufacturing, industrial, or building 

practices; and small-scale energy efficiency 

and conservation research and development 

and small-scale pilot projects. Covered 

actions include building renovations or new 

structures, provided that they occur in a 

previously disturbed or developed area. 

Covered actions could involve commercial, 

residential, agricultural, academic, 

institutional, or industrial sectors. Covered 

actions do not include rulemakings, 

standard-settings, or proposed DOE 

legislation, except for those actions listed in 

B5.1(b) of this appendix. 

(b) Covered actions include rulemakings 

that establish energy conservation standards 

for consumer products and industrial 

equipment, provided that the actions would 

not: (1) Have the potential to cause a 

significant change in manufacturing 

infrastructure (such as construction of new 

manufacturing plants with considerable 

associated ground disturbance); (2) involve 

significant unresolved conflicts concerning 

alternative uses of available resources (such 

as rare or limited raw materials); (3) have the 

potential to result in a significant increase in 

the disposal of materials posing significant 

risks to human health and the environment 

(such as RCRA hazardous wastes); or (4) have 

the potential to cause a significant increase 

in energy consumption in a State or region. 

B5.2 Modifications to Pumps and Piping 

Modifications to existing pump and piping 

configurations (including, but not limited to, 

manifolds, metering systems, and other 

instrumentation on such configurations 

conveying materials such as air, brine, carbon 

dioxide, geothermal system fluids, hydrogen 

gas, natural gas, nitrogen gas, oil, produced 

water, steam, and water). Covered 

modifications would not have the potential 

to cause significant changes to design process 

flow rates or permitted air emissions. 

B5.3 Modification or Abandonment of Wells 

Modification (but not expansion) or 

plugging and abandonment of wells, 

provided that site characterization has 

verified a low potential for seismicity, 

subsidence, and contamination of freshwater 

aquifers, and the actions are otherwise 

consistent with best practices and DOE 


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protocols, including those that protect 

against uncontrolled releases of harmful 

materials. Such wells may include, but are 

not limited to, storage and injection wells for 

brine, carbon dioxide, coalbed methane, gas 

hydrate, geothermal, natural gas, and oil. 

Covered modifications would not be part of 

site closure. 

B5.4 Repair or Replacement of Pipelines 

Repair, replacement, upgrading, 

rebuilding, or minor relocation of pipelines 

within existing rights-of-way, provided that 

the actions are in accordance with applicable 

requirements (such as Army Corps of 

Engineers permits under section 404 of the 

Clean Water Act). Pipelines may convey 

materials including, but not limited to, air, 

brine, carbon dioxide, geothermal system 

fluids, hydrogen gas, natural gas, nitrogen 

gas, oil, produced water, steam, and water. 

B5.5 Short Pipeline Segments 

Construction and subsequent operation of 

short (generally less than 20 miles in length) 

pipeline segments conveying materials (such 

as air, brine, carbon dioxide, geothermal 

system fluids, hydrogen gas, natural gas, 

nitrogen gas, oil, produced water, steam, and 

water) between existing source facilities and 

existing receiving facilities (such as facilities 

for use, reuse, transportation, storage, and 

refining), provided that the pipeline 

segments are within previously disturbed or 

developed rights-of-way. 

B5.6 Oil Spill Cleanup 

Removal of oil and contaminated materials 

recovered in oil spill cleanup operations and 

disposal of these materials in accordance 

with applicable requirements (such as the 

National Oil and Hazardous Substances 

Pollution Contingency Plan). 

B5.7 Import or Export Natural Gas, With 

Operational Changes 

Approvals or disapprovals of new 

authorizations or amendments of existing 

authorizations to import or export natural gas 

under section 3 of the Natural Gas Act that 

involve minor operational changes (such as 

changes in natural gas throughput, 

transportation, and storage operations) but 

not new construction. 

B5.8 Import or Export Natural Gas, With 

New Cogeneration Powerplant 

Approvals or disapprovals of new 

authorizations or amendments of existing 

authorizations to import or export natural gas 

under section 3 of the Natural Gas Act that 

involve new cogeneration powerplants (as 

defined in the Powerplant and Industrial 

Fuel Use Act of 1978, as amended) within or 

contiguous to an existing industrial complex 

and requiring generally less than 10 miles of 

new natural gas pipeline or 20 miles within 

previously disturbed or developed rights-ofway. 

B5.9 Temporary Exemptions For Electric 

Powerplants 

Grants or denials of temporary exemptions 

under the Powerplant and Industrial Fuel 

Use Act of 1978, as amended, for electric 

powerplants. 

B5.10 Certain Permanent Exemptions For 

Existing Electric Powerplants 

For existing electric powerplants, grants or 

denials of permanent exemptions under the 

Powerplant and Industrial Fuel Use Act of 

1978, as amended, other than exemptions 

under section 312(c) relating to cogeneration 

and section 312(b) relating to certain State or 

local requirements. 

B5.11 Permanent Exemptions Allowing 

Mixed Natural Gas and Petroleum 

For new electric powerplants, grants or 

denials of permanent exemptions from the 

prohibitions of Title II of the Powerplant and 

Industrial Fuel Use Act of 1978, as amended, 

to permit the use of certain fuel mixtures 

containing natural gas or petroleum. 

B5.12 Workover of Existing Wells 

Workover (operations to restore 

production, such as deepening, plugging 

back, pulling and resetting lines, and squeeze 

cementing) of existing wells (including, but 

not limited to, activities associated with 

brine, carbon dioxide, coalbed methane, gas 

hydrate, geothermal, natural gas, and oil) to 

restore functionality, provided that workover 

operations are restricted to the existing 

wellpad and do not involve any new site 

preparation or earthwork that would have the 

potential to cause significant impacts on 

nearby habitat; that site characterization has 

verified a low potential for seismicity, 

subsidence, and contamination of freshwater 

aquifers; and the actions are otherwise 

consistent with best practices and DOE 

protocols, including those that protect 

against uncontrolled releases of harmful 

materials. 

B5.13 Experimental Wells for Injection of 

Small Quantities of Carbon Dioxide 

Siting, construction, operation, plugging, 

and abandonment of experimental wells for 

the injection of small quantities of carbon 

dioxide (and other incidentally co-captured 

gases) in locally characterized, geologically 

secure storage formations at or near existing 

carbon dioxide sources to determine the 

suitability of the formations for large-scale 

sequestration, provided that (1) the 

characterization has verified a low potential 

for seismicity, subsidence, and 

contamination of freshwater aquifers; (2) the 

wells are otherwise in accordance with 

applicable requirements, best practices, and 

DOE protocols, including those that protect 

against uncontrolled releases of harmful 

materials; and (3) the wells and associated 

drilling activities are sufficiently remote so 

that they would not have the potential to 

cause significant impacts related to noise and 

other vibrations. Wells may be used for 

enhanced oil or natural gas recovery or for 

secure storage of carbon dioxide in saline 

formations or other secure formations. Over 

the duration of a project, the wells would be 

used to inject, in aggregate, less than 500,000 

tons of carbon dioxide into the geologic 

formation. Covered actions exclude activities 

in salt water and freshwater environments. 

(See B3.16 of this appendix for activities in 

salt water and freshwater environments.) 

B5.14 Combined Heat and Power or 

Cogeneration Systems 

Conversion to, replacement of, or 

modification of combined heat and power or 

cogeneration systems (the sequential or 

simultaneous production of multiple forms of 

energy, such as thermal and electrical energy, 

in a single integrated system) at existing 

facilities, provided that the conversion, 

replacement, or modification would not have 

the potential to cause a significant increase 

in the quantity or rate of air emissions and 

would not have the potential to cause 

significant impacts to water resources. 

B5.15 Small-Scale Renewable Energy 

Research and Development and Pilot Projects 

Small-scale renewable energy research and 

development projects and small-scale pilot 

projects located within a previously 

disturbed or developed area. Covered actions 

would be in accordance with applicable 

requirements (such as local land use and 

zoning requirements) in the proposed project 

area and would incorporate appropriate 

control technologies and best management 

practices. 

B5.16 Solar Photovoltaic Systems 

The installation, modification, operation, 

and removal of commercially available solar 

photovoltaic systems located on a building or 

other structure (such as rooftop, parking lot 

or facility, and mounted to signage, lighting, 

gates, or fences), or if located on land, 

generally comprising less than 10 acres 

within a previously disturbed or developed 

area. Covered actions would be in accordance 

with applicable requirements (such as local 

land use and zoning requirements) in the 

proposed project area and would incorporate 

appropriate control technologies and best 

management practices. 

B5.17 Solar Thermal Systems 

The installation, modification, operation, 

and removal of commercially available smallscale solar thermal systems (including, but 

not limited to, solar hot water systems) 

located on or contiguous to a building, and 

if located on land, generally comprising less 

than 10 acres within a previously disturbed 

or developed area. Covered actions would be 

in accordance with applicable requirements 

(such as local land use and zoning 

requirements) in the proposed project area 

and would incorporate appropriate control 

technologies and best management practices. 

B5.18 Wind Turbines 

The installation, modification, operation, 

and removal of commercially available small 

wind turbines, with a total height generally 

less than 200 feet (measured from the ground 

to the maximum height of blade rotation) that 

(1) are located within a previously disturbed 

or developed area; (2) are located more than 

10 nautical miles from an airport or aviation 

navigation aid; (3) are located more than 1.5 

nautical miles from National Weather Service 

or Federal Aviation Administration Doppler 

weather radar; (4) would not have the 

potential to cause significant impacts on bird 

or bat species; and (5) are sited or designed 

such that the project would not have the 

potential to cause significant impacts to 


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persons (such as shadow flicker and other 

visual impacts, and noise). Covered actions 

would be in accordance with applicable 

requirements (such as local land use and 

zoning requirements) in the proposed project 

area and would incorporate appropriate 

control technologies and best management 

practices. 

B5.19 Ground Source Heat Pumps 

The installation, modification, operation, 

and removal of commercially available smallscale ground source heat pumps to support 

operations in single facilities (such as a 

school and community center) or contiguous 

facilities (such as an office complex) (1) only 

where major associated activities (such as 

drilling and discharge) are regulated, and 

appropriate leakage and contaminant control 

measures would be in place; (2) that would 

not have the potential to cause significant 

changes in subsurface temperature; and (3) 

would be located within a previously 

disturbed or developed area. Covered actions 

would be in accordance with applicable 

requirements (such as local land use and 

zoning requirements) in the proposed project 

area and would incorporate appropriate 

control technologies and best management 

practices. 

B5.20 Biomass Power Plants 

The installation, modification, operation, 

and removal of small-scale biomass power 

plants (generally less than 10 megawatts), 

using commercially available technology (1) 

intended primarily to support operations in 

single facilities (such as a school and 

community center) or contiguous facilities 

(such as an office complex); (2) that would 

not affect the air quality attainment status of 

the area and would not have the potential to 

cause a significant increase in the quantity or 

rate of air emissions and would not have the 

potential to cause significant impacts to 

water resources; and (3) would be located 

within a previously disturbed or developed 

area. Covered actions would be in accordance 

with applicable requirements (such as local 

land use and zoning requirements) in the 

proposed project area and would incorporate 

appropriate control technologies and best 

management practices. 

B5.21 Methane Gas Recovery and 

Utilization Systems 

The installation, modification, operation, 

and removal of commercially available 

methane gas recovery and utilization systems 

installed within a previously disturbed or 

developed area on or contiguous to an 

existing landfill or wastewater treatment 

plant that would not have the potential to 

cause a significant increase in the quantity or 

rate of air emissions. Covered actions would 

be in accordance with applicable 

requirements (such as local land use and 

zoning requirements) in the proposed project 

area and would incorporate appropriate 

control technologies and best management 

practices. 

B5.22 Alternative Fuel Vehicle Fueling 

Stations 

The installation, modification, operation, 

and removal of alternative fuel vehicle 

fueling stations (such as for compressed 

natural gas, hydrogen, ethanol and other 

commercially available biofuels) on the site 

of a current or former fueling station, or 

within a previously disturbed or developed 

area within the boundaries of a facility 

managed by the owners of a vehicle fleet. 

Covered actions would be in accordance with 

applicable requirements (such as local land 

use and zoning requirements) in the 

proposed project area and would incorporate 

appropriate control technologies and best 

management practices. 

B5.23 Electric Vehicle Charging Stations 

The installation, modification, operation, 

and removal of electric vehicle charging 

stations, using commercially available 

technology, within a previously disturbed or 

developed area. Covered actions are limited 

to areas where access and parking are in 

accordance with applicable requirements 

(such as local land use and zoning 

requirements) in the proposed project area 

and would incorporate appropriate control 

technologies and best management practices. 

B5.24 Drop-In Hydroelectric Systems 

The installation, modification, operation, 

and removal of commercially available smallscale, drop-in, run-of-the-river hydroelectric 

systems that would (1) involve no water 

storage or water diversion from the stream or 

river channel where the system is installed 

and (2) not have the potential to cause 

significant impacts on water quality, 

temperature, flow, or volume. Covered 

systems would be located up-gradient of a 

natural anadromous fish barrier and where 

there would not be the potential for 

significant impacts to threatened or 

endangered species. Covered actions would 

involve no major construction or 

modification of stream or river channels, and 

the hydroelectric systems would be placed 

and secured in the channel without the use 

of heavy equipment. Covered actions would 

be in accordance with applicable 

requirements (such as local land use and 

zoning requirements) in the proposed project 

area and would incorporate appropriate 

control technologies and best management 

practices. 

B5.25 Small-Scale Renewable Energy 

Research and Development and Pilot Projects 

in Salt Water and Freshwater Environments 

Small-scale renewable energy research and 

development projects and small-scale pilot 

projects located in salt water and freshwater 

environments. Activities would be in 

accordance with, where applicable, an 

approved spill prevention, control, and 

response plan, and would incorporate 

appropriate control technologies and best 

management practices. Covered actions 

would not occur (1) within areas of 

hazardous natural bottom conditions or (2) 

within the boundary of an established marine 

sanctuary or wildlife refuge, a 

governmentally proposed marine sanctuary 

or wildlife refuge, or a governmentally 

recognized area of high biological sensitivity 

(such as protected areas and other areas of 

known ecological importance, whale and 

marine mammal mating and calving/pupping 

areas, and fish and invertebrate spawning 

and nursery areas recognized as being limited 

or unique and vulnerable to perturbation; 

these areas can occur in bays, estuaries, near 

shore, and far offshore, and may vary 

seasonally), or outside those areas if the 

activities would have the potential to cause 

significant impacts within those areas. No 

permanent facilities or devices would be 

constructed or installed. Covered actions do 

not include drilling of resource exploration 

or extraction wells, use of large-scale 

vibratory coring techniques, or seismic 

activities other than passive techniques. 

B6. Categorical Exclusions Applicable to 

Environmental Restoration and Waste 

Management Activities 

B6.1 Cleanup Actions 

Small-scale, short-term cleanup actions, 

under RCRA, Atomic Energy Act, or other 

authorities, less than approximately 10 

million dollars in cost, to reduce risk to 

human health or the environment from the 

release or threat of release of a hazardous 

substance other than high-level radioactive 

waste and spent nuclear fuel, including 

treatment (such as incineration, 

encapsulation, physical or chemical 

separation, and compaction), recovery, 

storage, or disposal of wastes at existing 

facilities currently handling the type of waste 

involved in the action. These actions include, 

but are not limited to: 

(a) Excavation or consolidation of 

contaminated soils or materials from 

drainage channels, retention basins, ponds, 

and spill areas that are not receiving 

contaminated surface water or wastewater, if 

surface water or groundwater would not 

collect and if such actions would reduce the 

spread of, or direct contact with, the 

contamination; 

(b) Removal of bulk containers (such as 

drums and barrels) that contain or may 

contain hazardous substances, pollutants, 

contaminants, CERCLA-excluded petroleum 

or natural gas products, or hazardous wastes 

(designated in 40 CFR part 261 or applicable 

State requirements), if such actions would 

reduce the likelihood of spillage, leakage, 

fire, explosion, or exposure to humans, 

animals, or the food chain; 

(c) Removal of an underground storage 

tank including its associated piping and 

underlying containment systems in 

accordance with applicable requirements 

(such as RCRA, subtitle I; 40 CFR part 265, 

subpart J; and 40 CFR part 280, subparts F 

and G) if such action would reduce the 

likelihood of spillage, leakage, or the spread 

of, or direct contact with, contamination; 

(d) Repair or replacement of leaking 

containers; 

(e) Capping or other containment of 

contaminated soils or sludges if the capping 

or containment would not unduly limit 

future groundwater remediation and if 

needed to reduce migration of hazardous 

substances, pollutants, contaminants, or 

CERCLA-excluded petroleum and natural gas 

products into soil, groundwater, surface 

water, or air; 

(f) Drainage or closing of man-made surface 

impoundments if needed to maintain the 

integrity of the structures; 

(g) Confinement or perimeter protection 

using dikes, trenches, ditches, or diversions, 


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or installing underground barriers, if needed 

to reduce the spread of, or direct contact 

with, the contamination; 

(h) Stabilization, but not expansion, of 

berms, dikes, impoundments, or caps if 

needed to maintain integrity of the 

structures; 

(i) Drainage controls (such as run-off or 

run-on diversion) if needed to reduce offsite 

migration of hazardous substances, 

pollutants, contaminants, or CERCLAexcluded petroleum or natural gas products 

or to prevent precipitation or run-off from 

other sources from entering the release area 

from other areas; 

(j) Segregation of wastes that may react 

with one another or form a mixture that 

could result in adverse environmental 

impacts; 

(k) Use of chemicals and other materials to 

neutralize the pH of wastes; 

(l) Use of chemicals and other materials to 

retard the spread of the release or to mitigate 

its effects if the use of such chemicals would 

reduce the spread of, or direct contact with, 

the contamination; 

(m) Installation and operation of gas 

ventilation systems in soil to remove 

methane or petroleum vapors without any 

toxic or radioactive co-contaminants if 

appropriate filtration or gas treatment is in 

place; 

(n) Installation of fences, warning signs, or 

other security or site control precautions if 

humans or animals have access to the release; 

and 

(o) Provision of an alternative water supply 

that would not create new water sources if 

necessary immediately to reduce exposure to 

contaminated household or industrial use 

water and continuing until such time as local 

authorities can satisfy the need for a 

permanent remedy. 

B6.2 Waste Collection, Treatment, 

Stabilization, and Containment Facilities 

The siting, construction, and operation of 

temporary (generally less than 2 years) pilotscale waste collection and treatment 

facilities, and pilot-scale (generally less than 

1 acre) waste stabilization and containment 

facilities (including siting, construction, and 

operation of a small-scale laboratory building 

or renovation of a room in an existing 

building for sample analysis), provided that 

the action (1) supports remedial 

investigations/feasibility studies under 

CERCLA, or similar studies under RCRA 

(such as RCRA facility investigations/ 

corrective measure studies) or other 

authorities and (2) would not unduly limit 

the choice of reasonable remedial alternatives 

(such as by permanently altering substantial 

site area or by committing large amounts of 

funds relative to the scope of the remedial 

alternatives). 

B6.3 Improvements to Environmental 

Control Systems 

Improvements to environmental 

monitoring and control systems of an existing 

building or structure (such as changes to 

scrubbers in air quality control systems or 

ion-exchange devices and other filtration 

processes in water treatment systems), 

provided that during subsequent operations 

(1) any substance collected by the 

environmental control systems would be 

recycled, released, or disposed of within 

existing permitted facilities and (2) there are 

applicable statutory or regulatory 

requirements or permit conditions for 

disposal, release, or recycling of any 

hazardous substance or CERCLA-excluded 

petroleum or natural gas products that are 

collected or released in increased quantity or 

that were not previously collected or 

released. 

B6.4 Facilities for Storing Packaged 

Hazardous Waste for 90 Days or Less 

Siting, construction, modification, 

expansion, operation, and decommissioning 

of an onsite facility for storing packaged 

hazardous waste (as designated in 40 CFR 

part 261) for 90 days or less or for longer 

periods as provided in 40 CFR 262.34(d), (e), 

or (f) (such as accumulation or satellite 

areas). 

B6.5 Facilities for Characterizing and 

Sorting Packaged Waste and Overpacking 

Waste 

Siting, construction, modification, 

expansion, operation, and decommissioning 

of an onsite facility for characterizing and 

sorting previously packaged waste or for 

overpacking waste, other than high-level 

radioactive waste, provided that operations 

do not involve unpacking waste. These 

actions do not include waste storage (covered 

under B6.4, B6.6, B6.10 of this appendix, and 

C16 of appendix C) or the handling of spent 

nuclear fuel. 

B6.6 Modification of Facilities for Storing, 

Packaging, and Repacking Waste 

Modification (excluding increases in 

capacity) of an existing structure used for 

storing, packaging, or repacking waste other 

than high-level radioactive waste or spent 

nuclear fuel, to handle the same class of 

waste as currently handled at that structure. 

B6.7 [Reserved] 

B6.8 Modifications for Waste Minimization 

and Reuse of Materials 

Minor operational changes at an existing 

facility to minimize waste generation and for 

reuse of materials. These changes include, 

but are not limited to, adding filtration and 

recycle piping to allow reuse of machining 

oil, setting up a sorting area to improve 

process efficiency, and segregating two waste 

streams previously mingled and assigning 

new identification codes to the two resulting 

wastes. 

B6.9 Measures To Reduce Migration of 

Contaminated Groundwater 

Small-scale temporary measures to reduce 

migration of contaminated groundwater, 

including the siting, construction, operation, 

and decommissioning of necessary facilities. 

These measures include, but are not limited 

to, pumping, treating, storing, and reinjecting 

water, by mobile units or facilities that are 

built and then removed at the end of the 

action. 

B6.10 Upgraded or Replacement Waste 

Storage Facilities 

Siting, construction, modification, 

expansion, operation, and decommissioning 

of a small upgraded or replacement facility 

(less than approximately 50,000 square feet 

in area) within or contiguous to a previously 

disturbed or developed area (where active 

utilities and currently used roads are readily 

accessible) for storage of waste that is already 

at the site at the time the storage capacity is 

to be provided. These actions do not include 

the storage of high-level radioactive waste, 

spent nuclear fuel or any waste that requires 

special precautions to prevent nuclear 

criticality. (See also B6.4, B6.5, B6.6 of this 

appendix, and C16 of appendix C.) 

B7. Categorical Exclusions Applicable to 

International Activities 

B7.1 Emergency Measures Under the 

International Energy Program 

Planning and implementation of 

emergency measures pursuant to the 

International Energy Program. 

B7.2 Import and Export of Special Nuclear 

or Isotopic Materials 

Approval of import or export of small 

quantities of special nuclear materials or 

isotopic materials in accordance with 

applicable requirements (such as the Nuclear 

Non-Proliferation Act of 1978 and the 

‘‘Procedures Established Pursuant to the 

Nuclear Non-Proliferation Act of 1978’’ (43 

FR 25326, June 9, 1978)). 

Appendix C to Subpart D of Part 1021— 

Classes of Actions That Normally 

Require EAs But Not Necessarily EISs 

C1 [Reserved] 

C2 [Reserved] 

C3 Electric Power Marketing Rate Changes, 

Not Within Normal Operating Limits 

Rate changes for electric power, power 

transmission, and other products or services 

provided by Power Marketing 

Administrations that are based on changes in 

revenue requirements if the operations of 

generation projects would not remain within 

normal operating limits. 

C4 Upgrading, Rebuilding, or Construction 

of Electric Transmission Lines 

Upgrading or rebuilding more than 

approximately 20 miles in length of existing 

electric transmission lines; or construction of 

electric transmission lines (1) more than 

approximately 10 miles in length outside 

previously disturbed or developed 

transmission line or pipeline rights-of-way or 

(2) more than approximately 20 miles in 

length within previously disturbed or 

developed transmission line or pipeline 

rights-of-way. 

C5 Vegetation Management Program 

Implementation of a Power Marketing 

Administration system-wide vegetation 

management program. 


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C6 Erosion Control Program 

Implementation of a Power Marketing 

Administration system-wide erosion control 

program. 

C7 Contracts, Policies, and Marketing and 

Allocation Plans for Electric Power 

Establishment and implementation of 

contracts, policies, and marketing and 

allocation plans related to electric power 

acquisition or transmission that involve (1) 

the interconnection of, or acquisition of 

power from, new generation resources that 

are equal to or less than 50 average 

megawatts and that would not be eligible for 

categorical exclusion under this part; (2) 

changes in the normal operating limits of 

generation resources equal to or less than 50 

average megawatts; or (3) service to discrete 

new loads of less than10 average megawatts 

over a 12-month period. 

C8 Protection of Cultural Resources and 

Fish and Wildlife Habitat 

Large-scale activities undertaken to protect 

cultural resources (such as fencing, labeling, 

and flagging) or to protect, restore, or 

improve fish and wildlife habitat, fish 

passage facilities (such as fish ladders and 

minor diversion channels), or fisheries. 

C9 Wetlands Demonstration Projects 

Field demonstration projects for wetlands 

mitigation, creation, and restoration. 

C10 [Reserved] 

C11 Particle Acceleration Facilities 

Siting, construction or modification, 

operation, and decommissioning of low- or 

medium-energy (when the primary beam 

energy exceeds approximately 100 million 

electron volts and the average beam power 

exceeds approximately 250 kilowatts or 

where the average current exceeds 2.5 

milliamperes) particle acceleration facilities, 

including electron beam acceleration 

facilities, and associated beamlines, storage 

rings, colliders, and detectors for research 

and medical purposes, within or contiguous 

to a previously disturbed or developed area 

(where active utilities and currently used 

roads are readily accessible). 

C12 Energy System Demonstration Actions 

Siting, construction, and operation of 

energy system demonstration actions 

(including, but not limited to, wind resource, 

hydropower, geothermal, fossil fuel, biomass, 

and solar energy, but excluding nuclear). For 

purposes of this category, ‘‘demonstration 

actions’’ means actions that are undertaken at 

a scale to show whether a technology would 

be viable on a larger scale and suitable for 

commercial deployment. Demonstration 

actions frequently follow research and 

development and pilot projects that are 

directed at establishing proof of concept. 

C13 Import or Export Natural Gas 

Involving Minor New Construction 

Approvals or disapprovals of 

authorizations to import or export natural gas 

under section 3 of the Natural Gas Act 

involving minor new construction (such as 

adding new connections, looping, or 

compression to an existing natural gas or 

liquefied natural gas pipeline, or converting 

an existing oil pipeline to a natural gas 

pipeline using the same right-of-way). 

C14 Water Treatment Facilities 

Siting, construction (or expansion), 

operation, and decommissioning of 

wastewater, surface water, potable water, and 

sewage treatment facilities with a total 

capacity greater than approximately 250,000 

gallons per day, and of lower capacity 

wastewater and surface water treatment 

facilities whose liquid discharges are not 

subject to external regulation. 

C15 Research and Development 

Incinerators and Nonhazardous Waste 

Incinerators 

Siting, construction (or expansion), and 

operation of research and development 

incinerators for any type of waste and of any 

other incinerators that would treat 

nonhazardous solid waste (as designated in 

40 CFR 261.4(b)). 

C16 Large Waste Packaging and Storage 

Facilities 

Siting, construction, modification to 

increase capacity, operation, and 

decommissioning of packaging and 

unpacking facilities (such as characterization 

operations) and large storage facilities 

(greater than approximately 50,000 square 

feet in area) for waste, except high-level 

radioactive waste, generated onsite or 

resulting from activities connected to site 

operations. These actions do not include 

storage, packaging, or unpacking of spent 

nuclear fuel. (See also B6.4, B6.5, B6.6, and 

B6.10 of appendix B.) 

Appendix D to Subpart D of Part 1021— 

Classes of Actions That Normally 

Require EISs 

D1 Strategic Systems 

Strategic Systems, as defined in DOE Order 

430.1, ‘‘Life-Cycle Asset Management,’’ or its 

successor, and designated by the Secretary. 

D2 Nuclear Fuel Reprocessing Facilities 

Siting, construction, operation, and 

decommissioning of nuclear fuel 

reprocessing facilities. 

D3 Uranium Enrichment Facilities 

Siting, construction, operation, and 

decommissioning of uranium enrichment 

facilities. 

D4 Reactors 

Siting, construction, operation, and 

decommissioning of power reactors, nuclear 

material production reactors, and test and 

research reactors. 

D5 [Reserved] 

D6 [Reserved] 

D7 Contracts, Policies, and Marketing and 

Allocation Plans for Electric Power 

Establishment and implementation of 

contracts, policies, and marketing and 

allocation plans related to electric power 

acquisition or transmission that involve (1) 

the interconnection of, or acquisition of 

power from, new generation resources greater 

than 50 average megawatts; (2) changes in the 

normal operating limits of generation 

resources greater than 50 average megawatts; 

or (3) service to discrete new loads of 10 

average megawatts or more over a 12-month 

period. 

D8 Import or Export of Natural Gas 

Involving Major New Facilities 

Approvals or disapprovals of 

authorizations to import or export natural gas 

under section 3 of the Natural Gas Act 

involving construction of major new natural 

gas pipelines or related facilities (such as 

liquefied natural gas terminals and 

regasification or storage facilities) or 

significant expansions and modifications of 

existing pipelines or related facilities). 

D9 Import or Export of Natural Gas 

Involving Major Operational Change 

Approvals or disapprovals of 

authorizations to import or export natural gas 

under section 3 of the Natural Gas Act 

involving major operational changes (such as 

a major increase in the quantity of liquefied 

natural gas imported or exported). 

D10 Treatment, Storage, and Disposal 

Facilities for High-Level Waste and Spent 

Nuclear Fuel 

Siting, construction, operation, and 

decommissioning of major treatment, storage, 

and disposal facilities for high-level waste 

and spent nuclear fuel, including geologic 

repositories, but not including onsite 

replacement or upgrades of storage facilities 

for spent nuclear fuel at DOE sites where 

such replacement or upgrade would not 

result in increased storage capacity. 

D11 Waste Disposal Facilities for 

Transuranic Waste 

Siting, construction or expansion, and 

operation of disposal facilities for transuranic 

(TRU) waste and TRU mixed waste (TRU 

waste also containing hazardous waste as 

designated in 40 CFR part 261). 

D12 Incinerators 

Siting, construction, and operation of 

incinerators, other than research and 

development incinerators or incinerators for 

nonhazardous solid waste (as designated in 

40 CFR 261.4(b)). 

[FR Doc. 2010–32316 Filed 12–30–10; 8:45 am] 

BILLING CODE 6450–01–P 


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