REQUEST FOR INFORMATION ______________________________________________________________________________

Date: December 21, 2009 

Requesting Office: Office of NEPA Policy and Compliance 

Deadline for Responses: January 25, 2010 

Purpose

The U.S. Department of Energy (DOE) intends to update its National Environmental Policy Act 

(NEPA) categorical exclusions (CXs), and through this request for information (RFI), seeks 

input from interested individuals and organizations (interested parties) regarding existing, new, 

or revised CXs. 

Background

NEPA requires federal agencies to consider the potential environmental impacts of their 

“proposed actions.” 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., projects that will receive federal funding, permits, or other support. The three types of 

NEPA review for proposed actions – Environmental Impact Statement (EIS), Environmental 

Assessment (EA), and CX determination – require different levels of information and analysis. 

An EIS is a detailed analysis of the potential environmental impacts of a proposed action that 

may have a significant effect on the environment. An EA is a briefer analysis conducted to 

determine whether a proposed action may have a significant effect on the environment and thus 

whether an EIS is required. A CX is an established category of actions for which normally 

neither an EA nor an EIS is required. A CX determination is made when an agency finds that a 

proposed action fits within a CX and meets other applicable requirements. This RFI relates to 

CXs. 

DOE has concluded that many categories of actions normally do not have the potential, 

individually or cumulatively, to have a significant effect on the human environment and, thus, 

are categorically excluded from the need to prepare an EA or EIS. CXs are established pursuant 

to a rulemaking, and are supported by a record showing that the defined category of actions 

typically will not have a significant effect. A complete list of DOE’s current CXs can be found 

at 10 C.F.R. Part 1021, Subpart D, Appendices A and B. For your convenience, they are also 

included as Attachment 1. 

1
DOE last updated its CXs in 1996. Since that time, the range of actions in which DOE is 

involved has expanded. For example, in recent years, DOE has become more involved in 

funding actions proposed by applicants, including actions that enhance the environment and/or 

energy efficiency through grant and loan programs pursuant to the American Recovery and 

Reinvestment Act of 2009 and the Energy Policy Act of 2005. While DOE has successfully 

applied its existing CXs to many of these proposed actions, it seeks to establish new CXs more 

directly tailored to them. Another change since 1996 is the general growth of new technologies 

in the private and public sectors that did not exist when DOE last established CXs. 

To ensure that its CXs reflect DOE’s full range of actions and new technologies, DOE is 

considering changes to existing CXs and the addition of new CXs. Any such changes or 

additions would require a rulemaking. 

Request for Information Guidelines

What to Submit

DOE seeks information from interested parties to help it identify activities that should be 

considered for new or revised CXs. DOE specifically requests that interested parties: 

 Identify a specific category of actions that is not covered by existing DOE CXs, but that 

is likely to meet the standard of not individually or cumulatively having a significant 

effect on the human environment; and 

 

 Provide suggestions for revising DOE’s existing CXs. 

Along with the above information, interested parties should provide: (1) a brief explanation of 

the rationale for any suggested revisions or additions to the existing CXs, and (2) technical or 

empirical support for the proposal. 

When to Submit

DOE invites written responses to this RFI from all interested parties. Written responses should 

be postmarked or emailed by January 25, 2010. Late responses will be considered to the extent 

practicable. When DOE initiates a rulemaking concerning CXs, all interested persons will have 

an opportunity to comment during that rulemaking action. Responses to this RFI are 

nevertheless encouraged in order to enhance the rulemaking process. 

How to Submit

Email submissions are encouraged due to the delivery time required for mail, and should be sent 

to yardena.mansoor@hq.doe.gov. Alternatively, submissions may be faxed to 202-586-7031 or 

mailed to Yardena Mansoor; Office of NEPA Policy and Compliance (GC-54); U.S. Department 

of Energy; 1000 Independence Avenue, SW; Washington, DC 20585. Questions may be 

directed to Ms. Mansoor at the email address above or at 202-586-9326. 

2