Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 1

Department of Energy Technical Support Document

National Environmental Policy Act Implementing Procedures

Supplement to Notice of Proposed Rulemaking

Proposed Changes and Supplemental Supporting Basis

December 17, 2010

This Technical Support Document supplements the Department of Energy’s (DOE’s) Notice of Proposed Rulemaking. 

In this Technical Support Document, the Department of Energy presents each of the proposed changes to its NEPA implementing regulations (10 CFR part 1021, 

Subparts C and D) and provides information that supplements the Preamble discussion of the supporting basis for each proposed change. If a provision of DOE’s 

NEPA implementing regulations is not included in the table, DOE does not propose to change it. The left column of the table below shows the proposed changes in 

tracked changes format, and the right column provides the supplemental supporting basis.

For many classes of actions, the supporting basis provides links to referenced documents. For assistance in accessing referenced documents, send an email to 

askNEPA@hq.doe.gov with “TSD” in the subject line, or see the Federal Register notice, at “For Further Information Contact.”
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 2

Proposed Change to 10 CFR part 1021 Supplemental Supporting Basis

Subpart C – Implementing Procedures

§ 1021.311 Notice of intent and scoping.

(d) Except as provided in paragraph (gf) of this section, DOE shall 

hold at least one public scoping meeting as part of the public 

scoping process for a DOE EIS. DOE shall announce the 

location, date, and time of public scoping meetings in the NOI or 

by other appropriate means, such as additional notices in the 

FEDERAL REGISTER, news releases to the local media, or 

letters to affected parties. Public scoping meetings shall not be 

held until at least 15 days after public notification. Should DOE 

change the location, date, or time of a public scoping meeting, or 

schedule additional public scoping meetings, DOE shall 

publicize these changes in the FEDERAL REGISTER or in 

other ways as appropriate.

(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 

(fe) of this section shall apply.

Discussion of the proposed changes is provided in Section IV.A of the Preamble.

§ 1021.322 Findings of no significant impact.

(f) DOE may revise a FONSI at any time, so long as the revision is 

supported by an existing EA. A revised FONSI is subject to all 

provisions of paragraph (d) of this section.

Discussion of the proposed changes is provided in Section IV.A of the Preamble.

§ 1021.331 Mitigation action plans.

(b) In certain circumstances, as specified in § 1021.322(b)(21), 

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.

Discussion of the proposed changes is provided in Section IV.A of the Preamble.
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Subpart D – Typical Classes of Actions

§ 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, such as including, but not limited to, scientific 

controversy about the environmental effects of the proposal; 

uncertain effects or effects involving unique or unknown 

risks; or and unresolved conflicts concerning alternative uses 

of available resources within the meaning of section 

102(2)(E) of NEPA; 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, tThe proposal is not 

“connected ”to other actions with potentially significant 

impacts (40 CFR 1508.25(a)(1)) to other actions with 

potentially significant impacts, is not related to other 

proposed actions with individually insignificant but 

cumulatively significant impacts (40 CFR 

1508.2527(ab)(27)), and is not precluded by 40 CFR 1506.1 

or § 1021.211 of this part concerning limitations on actions 

during EIS preparation.

Discussion of the proposed changes is provided in Section IV.C of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
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(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 and award of implementing grants and 

contracts).

(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

A1 Routine actions necessary to support the normal conduct of 

agency DOE business, such as limited to administrative, 

financial, and personnel actions.

Discussion of the proposed changes is provided in Section IV.D of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A3 Adjustments, exceptions, exemptions, appeals, and stays, 

modifications, or rescissions of orders issued by the Office of 

Hearings and Appeals.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A6 Rulemakings that are strictly procedural, such asincluding, but 

not limited to, rulemaking (under 48 CFR part 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.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
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A7 Transfer, lease, disposition, or acquisition of interests in 

personal property (e.g., equipment and materials) or real 

property (e.g., permanent structures and land), if property use is 

to remain unchanged; i.e., the type and magnitude of impacts 

would remain essentially the same.

A7 [Reserved]

Discussion of the proposed changes is provided in Section IV.D of the Preamble. 

A9 Information gathering (including, but not limited to, literature 

surveys, inventories, site visits, and audits), data analysis 

(including , but not limited to, computer modelling), document 

preparation (such as including, but not limited to, conceptual 

design or, feasibility studies, and analytical energy supply and 

demand studies), and information dissemination (including, but 

not limited to, document mailings, publication, and distribution;,

and classroom training and informational programs), but not 

including site characterization or environmental monitoring. 

(Also seeSee also B3.1of appendix B to this subpart.)

Discussion of the proposed changes is provided in Section IV.D of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A10 Reports or and recommendations on legislation or rulemaking 

that isare not proposed by DOE.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A12 Emergency preparedness planning activities, including, but not 

limited to, the designation of onsite evacuation routes.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A13 Administrative, organizational, or procedural Policies, Orders, 

Notices, Manuals and gGuidelines.

Discussion of the proposed changes is provided in Section IV.D of the Preamble.

A14 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.).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Appendix B

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:

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
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6

(1) Threaten a violation of applicable statutory, regulatory, or 

permit requirements for environment, safety, and health, 

including or similar requirements of DOE and/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 

CERCLA-excluded 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 Adversely 

affect 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 on a site, the action would not have the 

potential to cause significant impacts onadversely affect

those resources (e.g.,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 e.g., 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 Federally

-

proposed or candidate species or their habitat
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(Endangered Species Act),; or state-listed endangered 

or threatened species or their habitat; and Federallyprotected marine mammals and Essential Fish Habitat 

(Marine Mammals Protection Act; Magnuson-Stevens 

Fishery Conservation and Management Act);

(iii) Floodplains and wetlandsWetlands regulated under the 

Clean Water Act (33 U.S.C. 1344) and floodplains; (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 Federallyand 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 agricultural lands;

(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 sole-source 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 Rate increases rates for services or prices for products 

or services marketed by parts of DOE other than Power 

Marketing Administrations, and approval of rate or price 

increases changes for non-DOE entities, that do not exceed are 

consistent with the change in the overall price level in the 

economy (inflation)implicit price deflator for , as measured by 

the Gross National Domestic Product (GNP) fixed weight price 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

DOE proposes to cite a standard index of inflation in the national economy, the 

implicit price deflator for Gross Domestic Product. The index can be found on Table 

1.1.9 at www.bea.gov/national/nipaweb/SelectTable.asp, and a glossary of terms is 

available at http://www.bea.gov/glossary/glossary.cfm.
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index published by the Department of Commerce, during the 

period since the last rate or price increasechange. (Also see 

B4.3.)

B1.2 Training exercises and simulations (including, but not limited to, 

firing-range training, small-scale and short-duration force-onforce 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Examples of DOE NEPA documents for such projects:

• DOE/EIS-0243-SA-02: Nevada Test Site and Off-Site Locations in the State of 

Nevada to Address the Increase in Activities Associated with the National 

Center for Combating Terrorism & Counterterrorism Training & Related 

Activities (2003). In 2003, NNSA prepared a Supplement Analysis entitled 

Supplement Analysis for the Final Environmental Impact Statement for the 

Nevada Test Site and Off-Site Locations in the State of Nevada to Address the 

Increase in Activities Associated with the National Center for Combating 

Terrorism & Counterterrorism Training & Related Activities (DOE-EIS-0243-

SA-02) to determine whether an anticipated increase in national security 

projects after the terrorist attacks of September 11, 2001, required further 

NEPA analysis. This analysis covered military training/exercises, and testing, 

evaluation, and development of technology for multiple Federal government 

agencies. 

A copy of this document is available upon request via askNEPA@hq.doe.gov.

• DOE/EA-1776: Idaho National Laboratory Radiological Response Training 

Range, FONSI (October 2010). This EA analyzed the potential environmental 

impacts of creating and operating a facility at the Idaho National Laboratory at 

which emergency response training activities would be conducted to support 

the development of an effective response capability for major radiological 

incidents. Analyzed operations included the conduct of training exercises 

involving up to 75 people in a range of scenarios in which short-lived 

radioactive materials would be released. Participants would be trained in 

activities such as contamination control, site characterization, and field sample 

collection. The analysis showed that, under appropriately controlled 

conditions, such training activities do not have the potential to result in 

significant environmental impacts.

The Environmental Protection Agency’s (EPA’s) Radiological Emergency Response 

Team (RERT) has participated in exercises simulating radiological emergencies 

involving nuclear power plants and Department of Energy weapons and waste storage 

facilities, and military sites. As described on EPA’s website, these response exercises 
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included more than a dozen realistic “full field” simulations that were conducted in a 

field environment over several days with the participation of RERT and other state, 

local, and Federal agencies; DOE hosted or participated in several of these, including 

the Digit Pace II exercise described below. EPA and DOE experience with these 

exercises shows that such actions can be conducted safely in an environmental sound 

manner, and that these actions normally would not have the potential to result in 

significant environmental impacts.

• Exercise Digit Pace EA, FONSI (April 1997) This EA analyzed response 

activities related to a simulated accident involving one or more mock-ups of a 

nuclear weapon during transport to Kirtland Air Force Base (KAFB), 

Albuquerque, New Mexico. Participants included RERT, the Department of 

Defense (DoD), the Federal Emergency Management Agency (FEMA), and 

state and local governments. Activities included emergency response to a truck 

fire, spill prevention and response, communication coordination between 

agencies, and evacuation of “residents.” The analysis and actual experience 

showed that, under appropriately controlled conditions, such training activities 

do not have the potential to result in significant environmental impacts.

A copy of this document is available upon request via askNEPA@hq.doe.gov.

B1.3 Routine maintenance activities and custodial services for 

buildings, structures, rights-of-way, infrastructures 

(e.g.,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 in-kind and is 

not a substantial upgrade or improvement. In In-kind 

replacement includes installation of new components to replace 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
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outmoded components, ifprovided 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 5820.2435.1, “Radioactive 

Waste Management,

” or its successor;

(m) Repair and maintenance of transmission facilities, including 

such as replacement 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 (including but not limited 
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to,such as control valves, in-core monitoring devices, 

transformers, capacitors, monitoring wells, lysimeters, 

weather stations, and flumes); and

(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), includingand removal of 

contaminated intact equipment and other materials (other 

thannot including spent nuclear fuel or special nuclear 

material in nuclear reactors).; and

(p) Removal of debris.

B1.5 Minor improvements to existing steam plants and cooling water 

systems (including, but not limited to, modifications of existing 

cooling towers and ponds), within an existing building or 

structure ifprovided that the improvements would not: (1) 

Ccreate new sources of water or involve new receiving waters; 

(2) have the potential to cause significant impacts on 

wateradversely affect water withdrawals or the temperature of 

discharged water; or (3) increase introductions of, or involve 

new introductions of, hazardous substances, pollutants, 

contaminants, or CERCLA-excluded petroleum and natural gas 

products.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.6 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.)

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.7 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble.

B1.9 Placement of airway safety markings on and, painting of, and 

repair and in-kind replacement of (but excluding lighting) of on 

existing electrical transmission lines and antenna structures, 

wind turbines, and similar structures in accordance with 

applicable requirements (such as Federal Aviation 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
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Administration standards.).

B1.10 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.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.11 Installation of fencing, including, but not limited to that for

border marking, that would not have the potential to cause 

significant impacts onwill not adversely affect wildlife 

movementspopulations or migration or surface water flow.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.12 Detonation Outdoor detonation or burning of explosives or 

propellants that failed in outdoor tests (i.e., duds) or, were 

damaged in outdoor tests (e.g.,such as by fracturing), or were 

otherwise not consumed in testing. in oOutdoor detonation or 

burning would be in areas designated and routinely used for 

explosive detonation or burningthose purposes under an existing 

applicable permits issued by Federal, state, or and local 

authorities (such as a permit for a RCRA miscellaneous unit (40 

CFR part 264, subpart X)).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.13 Construction, acquisition, and relocation , consistent with 

applicable right-of onsite pathways-way conditions and 

approved land use or transportation improvement plans, of 

pedestrian walkways and trails, bicycle paths, small outdoor 

fitness areas, and short onsite access roads and railroads.rail 

lines (such as branch and spur lines).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

This categorical exclusion is consistent categorical exclusions for constructing, 

acquiring, and relocation of such projects used by the following Federal agencies: 

Department of Homeland Security (DHS), Bureau of Indian Affairs, and Federal 

Highway and Transit Administrations.

DHS categorical exclusion (71 FR 16790; April 4, 2006; E7):

Construction of physical fitness and training trails for non-motorized use on 

Department facilities in areas that are not environmentally sensitive, where run-off, 

erosion, and sedimentation are mitigated through implementation of best 

management practices. This [categorical exclusion] would encompass property 

management activities primarily at properties within the U.S. Coast Guard, Science 

and Technology Directorate, and the Federal Law Enforcement Training Centers.

Bureau of Indian Affairs categorical exclusion (Department of the Interior 

Departmental Manual (DOI DM) 516 Chapter 10, Section 10.5, L(2)): 

Construction of bicycle and pedestrian lanes and paths adjacent to existing 
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highways and within the existing rights-of-way.

Federal Highway and Federal Transit Administrations categorical exclusion (23 CFR 

771.117(c)(3)): 

Construction of bicycle and pedestrian lanes, paths, and facilities.

B1.14 Refueling of an operating nuclear reactors, during which 

operations may be suspended and then resumed.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.15 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; employee health services or recreation activities; 

routine maintenance activities; storage of supplies and 

equipment for administrative services and routine maintenance 

activities; security (including 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 excludinge

facilities for nuclear weapons activities and waste storage 

activities, such as, except as provided in other parts of this 

appendix 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.16 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), subpart M (National Emission Standard for 

Asbestos);”; 40 CFR part 763 (, “Asbestos), subpart G (Asbestos 

Abatement Projects);”; 29 CFR part 1910, subpart I (, “Personal 

Protective Equipment), §1910.134 (Respiratory Protection); 

subpart Z (Toxic and Hazardous Substances), §1910.1001 

(Asbestos, tremolite, anthophyllite and actinolite);”; and 29 CFR 

part 1926 (, “Safety and Health Regulations for Construction), 

subpart D (Occupational Health and Environmental Controls), 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
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§1926.58 (Asbestos, tremolite, anthophyllite, and actinolite), 

other appropriate Occupational Safety and Health 

Administration standards in title 29, chapter XVII of the CFR,”;

and appropriate state and local requirements, including 

certification of removal contractors and technicians.).

B1.17 Removal of polychlorinated biphenyl (PCB)-containing items, 

such as (including, but not limited to, transformers or and 

capacitors,), PCB-containing oils flushed from transformers, 

PCB-flushing solutions, and PCB-containing spill materials 

from buildings or other aboveground locations in accordance 

with 40 CFR part 761 (Polychlorinated Biphenyls 

Manufacturing, Processing, Distribution in Commerce, and Use 

Prohibitionsapplicable requirements (such as 40 CFR part 761).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.18 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, ifprovided 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 

no resulting 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 wellno degradation of the aquifer 

from the new or replacement well.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.19 Siting, construction, modification, and operation, abandonment, 

and removal of microwave, and radio communication, and 

meteorological towers and associated facilities, provided that if 

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 entityan area of great visual value.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

B1.20 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 or and minor diversion channels), or fisheries. Such 

activities would be conducted in accordance with an existing 

natural or cultural resource plan, if any.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
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B1.21 Noise abatement measures (such asincluding, but not limited to,

construction of noise barriers and installation of noise control 

materials.).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.23 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

B1.24 Transfer, lease, disposition, or acquisition of interests in 

uncontaminated permanent or temporary structures, equipment 

therein, and only land that is necessary for use of the transferred 

structures and equipment, for residential, commercial, or 

industrial usespersonal property (including, but not limited to, 

office space, warehouses, equipment storage facilities) where, 

equipment and materials) or real property (including, but not 

limited to, permanent structures and land), provided that under 

reasonably foreseeable uses, (1) there would not be any 

lessening in qualityno potential for release of substances at a 

level, or increases in volumes, concentrations,in a form, that 

could pose a threat to public health or discharge rates, of wastes, 

air emissions, or water effluentsthe environment, and 

environmental (2) the covered actions would not have the 

potential to cause a significant change in impacts would 

generally be similar to thosefrom before the transfer, lease, 

disposition, or acquisition of interests. Uncontaminated means 

that there would be no potential for release of substances at a 

level, or in a form, that would pose a threat to public health or 

the environment.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.25 Transfer, lease, disposition, or acquisition of interests in 

uncontaminated land and associated buildings for cultural 

resources protection, habitat preservation, or fish and wildlife 

management, and only associated buildings that support these 

purposes. Uncontaminated meansprovided that there would be 

no potential for release of substances at a level, or in a form, that 

wcould pose a threat to public health or the environment.

Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 16

B1.26 Siting, construction (or, expansion, modification, or

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.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.27 Activities that are required for the disconnection of utility 

services (such asincluding, 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.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.28 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.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.29 Siting, construction, expansion, modification, operation, and 

decommissioning of a small (less than approximately 10 acres) 

onsite ) solid waste disposal facility facilities for construction 

and demolition waste which would , 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 wcould pose a threat to public health or 

the environment. These wastes, as defined in the Environmental 

Protection Agency's regulations under the Resource 

Conservation and Recovery Act, specifically 40 CFR 243.101, 

include building materials, packaging, and rubble.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.30 Transfer actions, in which the predominant activity is 

transportation, and in which provided that (1) the receipt and 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 17

storage capacity and management capability for the amount and 

type of materials, equipment, or waste to be moved is small and 

incidental to the amount of such materials, equipment, or waste 

that is already a part of ongoing exists at the receiving site and 

(2) all necessary facilities and operations at the receiving site. 

Such transfers are not regularly scheduled as part of ongoing 

routine operations.

Many DOE NEPA documents have analyzed the risks of transporting materials, 

equipment, and waste, including radioactive and hazardous wastes and other materials. 

The analyses show that the transportation risks are small for a wide variety of proposed 

actions and cargo types. The following documents are representative of such analyses 

and support DOE’s conclusion that, within the context of this categorical exclusion, 

transportation of materials, equipment, and waste normally would not result in a 

potential for significant impacts. DOE experience, including a safe transportation track 

record over many years, confirms the analyses and findings.

Environmental Assessments (EAs) and Findings of No Significant Impact (FONSIs):

• DOE/EA-1651: Environmental Assessment for U-233 Material Downblending 

and Disposition Project at the Oak Ridge National Laboratory, Oak Ridge, 

Tennessee, FONSI (January 2010). The EA evaluated the impacts of planned 

activities to modify selected Oak Ridge National Laboratory (ORNL) facilities 

and process equipment, processing of the ORNL inventory of uranium-233 (U233) and other small quantities of similar material currently stored at other 

DOE sites, and transporting the processed material to an off-site disposal 

facility. 

• DOE/EA-1607: Environmental Assessment for the Disposition of DOE Excess 

Depleted Uranium, Natural Uranium, and Low-Enriched Uranium, FONSI

(June 2009). The EA analyzed transportation impacts of shipping natural 

uranium feed and product, low-enriched uranium feed and product, depleted 

uranium feed and tails under both incident-free and accident conditions 

(Sections 4.2.1, 4.2.2, 4.3.1, 4.5.1, 5.1, 5.2). Analysis showed impacts would 

not be significant.

• DOE/EA-1386: Final Environmental Assessment for the Remote-handled 

Waste Disposition Project, FONSI (February 2009). The EA analyzed risks of

transporting remote-handled waste over highways and local roads under 

routine and accident conditions, and found potential radiation dose to the 

public from transportation would be virtually immeasurable (Sections 5.1.4.2, 

5.2.1).

• DOE/EA-1393: Programmatic Environmental Assessment for the U. S. 

Department of Energy, Oak Ridge Operations Implementation of a 

Comprehensive Management Program for the Storage, Transportation, and 

Disposition of Potentially Reusable Uranium Materials, FONSI (October 

2002). The EA analyzed impacts of implementing a comprehensive 

management program of uranium materials located at multiple sites, including 

transporting these materials for management to other sites. The analysis 

concluded transportation risks would be small (Sections 4.4.3, 4.5.3, 4.6.3, 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 18

4.7.3, 4.8.3, 4.9.3, 4.10).

• DOE/EA-1339-A: Waste Disposition Activities at the Paducah Site (November 

2002), FONSI (December 2003).The EA analyzed impacts of transporting 

polychlorinated biphenyl wastes, low-level waste, mixed wasted, and 

transuranic wastes from the Paducah Site for disposal at various locations in 

the United States. The potential effects of transport over both highway and rail 

routes were found to be not significant (Sections 4.1.3, 4.3, and 5.0).

• DOE/EA-1308: Offsite Transportation of Certain Low-Level and Mixed 

Radioactive Waste from the Savannah River Site for Treatment and Disposal at 

Commercial and Government Facilities, FONSI (February 2001). This EA 

analyzed the potential environmental impacts of transporting certain hazardous 

and radioactive wastes at the Savannah River Site to off-site treatment and 

disposal facilities. DOE determined the impacts would be insignificant.

Environmental Impact Statements (EISs):

• DOE/EIS-0226: Final Environmental Impact Statement for Decommissioning 

and/or Long-Term Stewardship at the West Valley Demonstration Project and 

Western New York Nuclear Service Center (January 2010). The EIS evaluated 

radiological and nonradiological impacts from transporting radioactive or 

hazardous materials from the West Valley site in New York to offsite disposal 

sites. The analysis showed the risks would be small, i.e. it is likely there 

would be no fatal cancers attributable to radiation exposure under routine and 

accident conditions (Sections 4.5.16, 6.10). This analysis is consistent with 

analyses in EAs for which DOE has concluded that such impacts are not 

significant.

• DOE/EIS-0380: Final Site-Wide Environmental Impact Statement for 

Continued Operation of Los Alamos National Laboratory, Los Alamos, New

Mexico (May 2008). The EIS analysis evaluated the transport of radioactive, 

hazardous, and commercial materials onsite and from various offsite locations. 

The analysis determined that it is unlikely that transportation of radioactive 

materials under any of the alternatives discussed in the EIS would cause a 

fatality as a result of radiation either from incident-free operations or 

postulated accidents. The radiological risks to the population would be small 

under all alternatives, i.e. it is likely there would be no fatal cancers 

attributable to radiation exposure under routine and accident conditions 

(Section S.9). This analysis is consistent with analyses in EAs for which DOE 

has concluded that such impacts are not significant.

• DOE/EIS-0355: Remediation of the Moab Uranium Mill Tailings, Grand and 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 19

San Juan Counties, Utah, Final Environmental Impact Statement

Other:

(July 2005). 

The analysis in the EIS showed that risks of transportation of contaminated 

waste and materials at the Moab Site and vicinity properties to disposal 

locations would be small, i.e. it is likely there would be no fatal cancers 

attributable to radiation exposure under routine and accident conditions 

(Section 4.1.12.3). Experience implementing the action to date confirms the 

predictions. This analysis is consistent with analyses in EAs for which DOE 

has concluded that such impacts are not significant.

• DOE/EM/NTP/HB-01: A Resource Handbook on DOE Transportation Risk 

Assessment (July 2002). In addition to providing technical guidance on 

conducting transportation risk assessments in DOE NEPA documents based on 

decades of experience analyzing shipments of virtually all types of radioactive 

materials and wastes, the Handbook (Section 4.2 and 4.3) summarizes the 

results of transportation risk assessments in 17 DOE NEPA documents for a 

wide range of cargo types; documents analyzed include major DOE 

programmatic EISs for waste management, spent nuclear fuel management, 

and disposition of nuclear materials. The results showed that transportation 

risks, including those under routine and accident conditions, would be small, 

i.e. it is likely there would be no fatal cancers attributable to radiation 

exposure.

B1.31 RelocationInstallation or relocation and operation of machinery 

and equipment, such as analytical(including, but not limited to,

laboratory apparatusequipment, electronic hardware, 

manufacturing machinery, maintenance equipment, and health 

and safety equipment, including minor construction necessary 

for removal and installation, where), provided that uses of the 

installed or relocated items will be similar to their former uses 

andare consistent with the general missions of the receiving 

structure. Included in this category of actions areCovered 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 20

B1.32 Traffic flow adjustments to existing roads at DOE sites

(including, but not limited to, stop sign or traffic light 

installation, adjusting direction of traffic flow, and adding 

turning lanes). Road), and road adjustments such as(including, 

but not limited to, widening or and realignment) that are not 

includedwithin an existing right-of-way and consistent with 

approved land use or transportation improvement plans.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Proposed new categorical exclusion:

B1.33 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).

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

Many of the actions in the scope of the proposed categorical exclusion are found in 

Environmental Protection Agency’s Guidance No. EPA 841-B-09-001 (December 

2009) intended to implement Section 438 of the Energy Independence and Security Act 

(EISA) of 2007. These actions are practices that are commonly recommended by the 

Environmental Protection Agency (EPA) through its Stormwater Program’s Green 

Infrastructure initiative and the Federal Highway Administration (FHWA)-sponsored 

“Context Sensitive Solutions” program. These Federal agency websites serve as 

information portals and repositories of private sector experience and studies by 

experts.

Additionally, expert studies and industry experience on storm water management 

practices, particularly in the transportation sector, can be found at the website of the 

Context Sensitive Solutions Clearinghouse, which is funded by the Federal Highway 

Administration. The Clearinghouse website is sponsored and developed through a 

partnership with:

• American Association of State Highway and Transportation Officials 

(AASHTO)

• Federal Transit Administration

• Institute for Transportation Engineers (ITE)

• National Association of City Transportation Officials (NACTO), and

• National Park Service

Proposed new categorical exclusion: 

B1.34 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 

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

This proposed categorical exclusion is based on regulations and standards governing 

containment, removal, and disposal of lead-based paint in and from buildings and other 

structures. Use of the proposed categorical exclusion would require adherence to 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 21

Prevention In Certain Residential Structures”). applicable regulations and standards (e.g., EPA’s Lead Renovation, Repair, and 

Painting Program Rule (40 CFR part 745)). This categorical exclusion is consistent 

with categorical exclusions for lead paint removal used by other Federal agencies: the 

U.S. Environmental Protection Agency and the Department of the Army. 

U.S. Environmental Protection Agency categorical exclusion (40 CFR 6.204(a)(2)(ix)):

Actions involving containment or removal and disposal of asbestos-containing 

material or lead-based paint from EPA owned or operated facilities when 

undertaken in accordance with applicable regulations.

Department of the Army categorical exclusion (32 CFR 651, Appendix B(g)(1)):

Routine repair and maintenance of buildings, airfields, grounds, equipment, and 

other facilities. Examples include, but are not limited to: Removal and disposal of 

asbestos-containing material (for example, roof material and floor tile) or leadbased paint in accordance with applicable regulations; removal of dead, diseased, 

or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required 

for removal and disposal of asbestos-containing material and lead-based paint or 

work on historic structures).

Proposed new categorical exclusion: 

B1.35 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

This categorical exclusion is supported by existing categorical exclusions from the 

Department of Homeland Security (DHS) and U.S. Department of Agriculture, Rural 

Utilities Service (RUS).

DHS categorical exclusion (from 71 FR 16790; April 4, 2006):

A6 -- Procurement of non-hazardous goods and services, and storage, recycling, 

and disposal of non-hazardous materials and wastes, that complies with applicable 

requirements and is in support of routine administrative, operational, or 

maintenance activities. Storage activities must occur on previously disturbed land 

or in existing facilities. Examples include but are not limited to:

(a) Office supplies,

(b) Equipment,

(c) Mobile assets,

(d) Utility services,

(e) Chemicals and low level radio nuclides for laboratory use,

(f) Deployable emergency response supplies and equipment, and

(g) Waste disposal and contracts for waste disposal in established permitted 

landfills and facilities.

DHS support, including experience, for this categorical exclusion, is contained in its 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 22

Administrative Record for Categorical Exclusions (CAT EX).

RUS categorical exclusion (from 7 CFR 1794.21(b)(22)):

Construction of onsite facilities designed for the transfer of ash, scrubber wastes, 

and other byproducts from coal-fired electric generating stations for recycling or 

storage at an existing coal mine (surface or underground).

Proposed new categorical exclusion: 

B1.36 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

This categorical exclusion is supported by existing categorical exclusions from the 

Department of Homeland Security (DHS), U.S. Coast Guard, U.S. Coast Guard, 

Department of the Air Force, and Department of the Army.

Department of Homeland Security categorical exclusion (from 71 FR 16790; April 4, 

2006):

C5 -- Determination that real property is excess to the needs of the Department and, 

in the case of acquired real property, the subsequent reporting of such 

determination 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 

Interior.

DHS support, including experience, for this categorical exclusion, is contained in its 

Administrative Record for Categorical Exclusions (CAT EX).

U.S. Coast Guard categorical exclusion (from COMMANDANT INSTRUCTION 

M16475.1D, Figure 2-1 – Coast Guard Categorical Exclusions):

(15) Transfer of real property from the USCG to the General Services 

Administration, Department of the Interior, and other Federal departments and 

agencies, or as mandated by Congress; and the granting of leases, permits, and 

easements where there is no substantial change in use of the property. (Checklist 

required.)

Department of the Air Force categorical exclusion (from 32 CFR part 989, Appendix 

B):

A2.3.17. Transferring land, facilities, and personal property for which the General 

Services Administration (GSA) is the action agency. Such transfers are excluded 

only if there is no change in land use and GSA complies with its NEPA 

requirements.

A2.3.18. Transferring administrative control of real property within the Air Force 

or to another military department or to another Federal agency, not including GSA, 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 23

including returning public domain lands to the Department of the Interior.

Department of the Army categorical exclusion (from 32 CFR part 651, Appendix B):

(f)(3) Transfer of real property administrative control within the Army, to another 

military department, or to other federal agency, including the return of public 

domain lands to the Department of Interior, and reporting of property as excess and 

surplus to the GSA for disposal (REC required).

Presidential Memorandum for the Heads of Executive Departments and Agencies –

Disposing of Unneeded Federal Real Estate, June 10, 2010

B2 Categorical Exclusions Applicable to Safety and Health

B2.1 Modifications ofwithin 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).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B2.2 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).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

B2.3 Installation of, or improvements to, equipment for personnel 

safety and health, (including, but not limited to, eye washes, 

safety showers, radiation monitoring devices, and fumehoods,

and associated collection and exhaust systems,), provided that 

the covered actions would not have the potential to cause a 

significant increase in emissions.emissions would not increase.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B2.4 Development and implementation of Equipment Qualification 

Programs (under DOE Order 5480.6, “Safety of DOE-owned 

Nuclear Reactors”) to augment information on safety-related 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 24

system components or to improve systems reliability.

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 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 may include, but are not limited to:,

Rreplacement/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 if , 

provided that there is no evidence of leakage, based on testing 

that meets performance in accordance with applicable 

requirements in (such as 40 CFR part 280, subpart D (40 CFR 

part 280.40). This includes activities taken under RCRA, subtitle 

I; 40 CFR partpart 265, “Interim Status Standards for Owners 

and Operators of Hazardous Waste Treatment, Storage, and 

Disposal Facilities”, subpart J; 40 CFR part 280, subparts B, C,

and D; and other applicable state, Federal and local requirements 

for underground storage tanks.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.).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B2.6 Packaging, transportation, and storage of radioactive materials 

from the public domain, in accordance with the Atomic Energy 

Act upon a request by the Nuclear Regulatory Commission or 

Discussion of the proposed changes is provided in Section IV.E of the Preamble.

DOE has extensive experience that demonstrates these activities do not pose the 

potential for significant environmental impact. For example, the Off-Site Source 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 25

other cognizant agency, which would include a State that 

regulates radioactive materials under an agreement with the 

Nuclear Regulatory Commission or other agencies that may, 

under unusual circumstances, have responsibilities regarding the 

materials that are included in the categorical exclusion. Covered 

materials are those for which possession and use by Nuclear 

Regulatory Commission licensees has been categorically 

excluded under 10 CFR 51.22(14) or its successors. Examples of 

these radioactive materials (which may contain source, 

byproduct or special nuclear materials ) are density gauges, 

therapeutic medical devices, generators, reagent kits, irradiators, 

analytical instruments, well monitoring equipment, uranium 

shielding material, depleted uranium military munitions, and 

packaged radioactive waste not exceeding 50 curies.

Recovery of radioactive sealed sources and sealed sourcecontaining 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.

Recovery Project operated by NNSA has successfully recovered almost 23,000 sources 

from more than 800 sites. 

For information on DOE’s Office-Site Source Recovery Projects, see 

http://osrp.lanl.gov/.

B3 Categorical Exclusions Applicable to Site Characterization, Monitoring, and General Research

B3.1 Onsite and offsite siteSite characterization and environmental 

monitoring, (including, but not limited to, siting, construction (or,

modification), operation, and dismantlement or and closing 

(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.

ACovered activities covered 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, 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Other agencies have established categorical exclusions that relate to geophysical 

investigation/exploration activities:

Forest Service (36 CFR 220.6(e)(8)): 

Short-term (1 year or less) mineral, energy, or geophysical investigations and their 

incidental support activities that may require cross-country travel by vehicles and 

equipment, construction of less than 1 mile of low standard road, or use and minor 

repair of existing roads. Examples include but are not limited to:

(i) Authorizing geophysical investigations which use existing roads that may 

require incidental repair to reach sites for drilling core holes, temperature gradient 

holes, or seismic shot holes;

(ii) Gathering geophysical data using shot hole, vibroseis, or surface charge 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 26

electrical, seismic, and radar , and temperature gradient), 

geochemical, and engineering surveys and mapping, 

includingand 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, including (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.

methods;

(iii) Trenching to obtain evidence of mineralization;

(iv) Clearing vegetation for sight paths or from areas used for investigation or 

support facilities;

(v) Redesigning or rearranging surface facilities within an approved site;

(vi) Approving interim and final site restoration measures; and

(vii) Approving a plan for exploration which authorizes repair of an existing road 

and the construction of 1/3 mile of temporary road; clearing vegetation from an 

acre of land for trenches, drill pads, or support facilities.

U.S. Geological Survey categorical exclusion (Departmental Manual Part 516, Chapter 

9.5 (A, B, C, G, H, J, P)): 

(A) Topographic, land use and land cover, geological, mineralogic, resources 

evaluation, and hydrologic mapping activities, including aerial topographic 

surveying, photography, and geophysical surveying.

(B) Collation of data and samples for geologic, paleontologic, hydrologic, 

mineralogic, geochemical and surface or subsurface geophysical investigations, and 

resource evaluation, including contracts therefore.

(C) Acquisition of existing geological, hydrological or geophysical data from 

private exploration ventures. 

...

(G) Test or exploration drilling and downhole testing, including contracts therefore.

(H) Establishment of survey marks, placement and operation of field instruments, 

and installation of any research/monitoring devices.

...

(J) Establishment of seasonal and temporary field camps.

...

(P) Minor activities required to gain or prepare access to sites selected for 

completion of exploration drilling operations or construction of stations for 

hydrologic, geologic, or geophysical data collection.

B3.3 Field and laboratory research, inventory, and information 

collection activities that are directly related to the conservation 

of fish or and wildlife resources or to the protection of cultural 

resources, provided that such activities would not have the 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 27

potential to cause significant impacts onand that involve only 

negligible habitat destruction or population reduction fish and 

wildlife habitat or populations or to cultural resources.

B3.4 Drop, puncture, water-immersion, thermal, and fire tests of 

transport packaging for radioactive or hazardous materials to 

certify that designs meet the applicable requirements of (such as 

49 CFR §§173.411 and 173.412 and requirements of severe 

accident conditions as specified in 10 CFR §71.73.).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B3.6 Siting, construction (or, modification), operation, and 

decommissioning of facilities for indoor benchsmall-scale 

research and development projects projects and; conventional 

laboratory operations (for example,such as preparation of 

chemical standards and sample analysis); small-scale research 

and development projects; and small-scale pilot projects 

(generally less than two2 years) frequently conducted to verify a 

concept before demonstration actions. Construction (, provided 

that construction or modification) wioulld be within or 

contiguous to an alreadya previously disturbed or developed area 

(where active utilities and currently used roads are readily 

accessible). See also C12 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B3.7 Siting, construction, and operation of new infill exploratory and 

experimental (test) oil, gas, and geothermal wells, which are to 

be drilled in a geological formation that has existing operating 

wellsterrestrial 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 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 28

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 other 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 sampleassociated analysis,) in a small area 

(generally less than five acres) provided that such activities that 

would not have the potential to cause significant impacts on 

result in any permanent change to 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), including the use of any 

required confinement measures and buffer zones.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

DOE proposes to clarify that this categorical exclusion includes field research in 

biomass and biofuels for proof-of-concept purposes, and thus proposes to identify such 

research and clarify conditions that should be verified in evaluating the applicability of 

the categorical exclusion to such proposals. Test plots involving use of regulated 

genetically-engineered plants are overseen by three U.S. agencies (U.S. Department of 

Agriculture (USDA), Food and Drug Administration, and Environmental Protection 

Agency). Their regulations specify numerous requirements (such as steps to properly 

confine the plants) which, when complied with, have been determined by these 

agencies to avoid the potential for significant environmental impacts. (See USDA 

regulations).

USDA’s authority is the broadest of the three agencies, and it will always be involved 

in the field testing of genetically-engineered plants. Also, USDA determines the size of 

buffer zones. In addition, the potential environmental impacts from field trials of 

genetically engineered organisms have been assessed numerous times by the USDA 

and found to result in no significant impacts. (See 

http://www.aphis.usda.gov/brs/biotech_ea_permits.html for a list of recent 

environmental assessments and FONSIs).

B3.9 Demonstration actions proposed under the Clean Coal 

Technology Demonstration Program, if the actions would 

notProjects 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. These demonstration actionsFor 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:

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

DOE experience over many years with projects that demonstrate ways to reduce 

emissions and waste generation at existing fossil energy facilities shows that these 

projects normally would not have significant environmental impacts. Generally, such 

projects demonstrate technologies that, if successfully deployed, could reduce 

environmental impacts nationwide. DOE has conducted environmental reviews and has 

substantial experience with “slip stream” tests of up to100 percent of the throughput at 

existing facilities for such projects that demonstrate lack of potential for significant 

environmental impacts. Slip stream tests at 100 percent often are needed to 

convincingly demonstrate pollution reduction technologies so that the technologies are 

likely to be implemented. Based on this experience, DOE proposes to delete the 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 29

(a) Test treatment of 20 percent or less of the throughput 

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

fully operational coalfuel combustion or coal 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 coalfuel combustion 

or coal utilization facility, for which the existing use remains 

essentially unchanged; and

(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 coal beingfuel burned or used and 

involves no permanent change in the capacity factor of the 

coalfuel combustion or coal utilization facility, other than 

for demonstration purposes of two years or less in duration.; 

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.

previous 20 percent limitation. 

Examples of EAs for such projects:

• DOE/EA-1616: Carbon Research Center at Southern Company’s Power 

System Development Facility Near Wilsonville, Alabama, FONSI (September 

2008) The EA evaluated potential environmental impacts associated with a 60-

month cooperative agreement between DOE and Southern Company Services, 

Inc. for the development of a Carbon Research Center project at Southern 

Company's Power System Development Facility near Wilsonville, Alabama, 

which would include the installation of components within the existing facility 

for the evaluation and development of carbon capture technologies.

• DOE/EA-1498: Advanced Coal Utilization Byproduct Beneficiation 

Processing Plant, Ghent Power Station, Carroll County, Kentucky (January 

2005), FONSI (December 2004). (FONSI was based on EA, but EA print 

production and distribution followed FONSI issue date.) This EA analyzed 

potential environmental impacts associated with the design, construction, and 

commercial operation of an advanced coal ash beneficiation processing 

demonstration plant at Kentucky Utilities Ghent Power Station in Carroll 

County, Kentucky. The beneficiation process would use fly ash, a waste 

product of coal-fired power plants, to manufacture concrete additives and 

related construction materials.

• DOE/EA-1493: Greenidge Multi-Pollutant Control Project, AES Greenidge 

Stations, Dresden, New York (August 2004), FONSI (October 2004) This EA 

analyzed potential environmental impacts associated with the design,

construction, and commercial operation of an integrated multi-pollutant 

emissions control system to be demonstrated at the AES Greenidge Station in

Dresden, New York.

• DOE/EA-1476: Toxecon Retrofit for Mercury and Multi-Pollutant Control, 

Presque Isle Power Plant, Michigan, FONSI (September 2003) This EA 

analyzed the potential impacts of a demonstration project utilizing TOXECON, 

a newly developed technology that may be useful in the reduction of mercury, 

particulate matter, sulfur dioxide, nitrogen oxides and hydrochloric acid 

emissions that are typical to coal-fired power plants. The 5-year demonstration 

project includes the construction and operation of an integrated emissions 

control system for use in three 90-watt boilers at Presque Isle Power Plant in 

Marquette, Michigan. Following demonstration, the plant may continue to 

operate using the new emissions control system.

• DOE/EA-1449: Commercial Demonstration of Manufactured Aggregate 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 30

Processing Technology Utilizing Spray Dryer Ash, King George County, 

Virginia (August 2002), FONSI (October 2002) The EA analyzed potential 

environmental impacts of design, construction, and operation of a Universal 

Aggregates, LLC demonstration manufacturing plant producing a lightweight 

aggregate from spray ash for use in masonry and concrete materials. The 

production of the aggregate would result in the reduction of emissions 

associated with coal-fired power plants.

• DOE/EA-1080: Commercial Demonstration of the NOXSO SO2/NOX 

Removal Flue Gas Cleanup System, Indiana and Tennessee, FONSI (June 

1995). This EA analyzed the potential impacts of design, construction and 

operation of an advanced flue gas treatment technology for the reduction of 

sulfur dioxide and nitrogen oxides emissions from two coal-fired power plants, 

Warrick Power Plant (Warrick County, Indiana) and Olin Charleston Plant 

(Bradley County, Tennessee).

• DOE/EA-0405: Innovative Sulfur Dioxide Scrubbing System for Coal Burning 

Cement Kilns, Passamaquoddy Tribe, Thomaston, Maine (March 1990), 

FONSI (February 1990). (FONSI was based on EA, but EA print production 

and distribution followed FONSI issue date.) This EA analyzed potential 

impacts of a demonstration project using a new sulfur dioxide scrubbing 

system in coal-burning cement kilns for the Passamaquoddy Tribe Dragon 

Products Cement Plant located at Thomaston, Maine.

• DOE/EA-0404: Innovative Clean Coal Technology Program - Coke Oven Gas 

Cleaning Demonstration Plant at the Bethlehem Steel Corp. Sparrows Point 

Plant, Baltimore County, Maryland, FONSI (December 1989). This EA 

analyzed the potential impacts of a cost-shared coke oven cleaning 

demonstration project at the Bethlehem Steel Corporation's Sparrows Point 

Plant in Baltimore County, Maryland. A major function of the coke oven 

cleaning process is the reduction of sulfur dioxide and nitrogen oxides 

emissions.

B3.10 Siting, construction, modification, operation, and 

decommissioning of a 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 an alreadya 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Accelerators in this category are small (some are “table-top”) and can be installed in 

existing laboratory facilities with no or minor modifications. Radiation exposure to 

workers, the public, and the environment would be limited by radiation shielding 

materials, distance, and operational practices. Exposure normally would be 

indistinguishable from that attributable to background radiation. Operation of particle 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 31

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).

accelerators within this category would result in negligible air emissions of 

radionuclides used in experiments; minimal ozone generation; activation of short-lived 

air activation products, such as isotopes of carbon and oxygen; and potential but shortlived activation of concrete and equipment within the laboratory. (Activation products 

result from interactions between radiation emitted by an accelerator and surrounding 

air, concrete, metals, and some other materials.)

Scott Davis: two years serving as Program Manager in the DOE office of primary 

interest for accelerator safety (Office of Science; Office of Safety, Security, and 

Infrastructure; Environment, Safety and Health Division); 30 years of experience in 

radiological, nuclear and occupational safety; Physical Scientist and Certified Safety 

Professional; Bachelor of Science in Radiological Technology, University of 

Tennessee in Memphis (Health Science Center) and Masters Degree in Public Health, 

University of Tennessee, Knoxville. 

B3.11 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 that would not involve 

source, special nuclear, or byproduct materials. Covered 

activities may 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B3.12 Siting, construction (or, modification), operation, and 

decommissioning of microbiological and biomedical diagnostic, 

treatment and research facilities (excluding Biosafety Level-3 

and Biosafety Level-4; reference:), in accordance with 

applicable requirements or best practices (such as Biosafety in 

Microbiological and Biomedical Laboratories, 3rd5th Edition, 

May 1993Feb. 2007, U.S. Department of Health and Human 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 32

Services Public Health Service, Centers offor Disease Control 

and Prevention, and the National Institutes of Health (HHS 

Publication No. (CDC) 93–8395)) including, but not limited to, 

laboratories, treatment areas, offices, and storage areas, within or 

contiguous to an alreadya 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 Performing magnetic fusion experiments that do not use tritium 

as fuel, within existing facilities (including, but not limited to,

necessary modifications).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Proposed new categorical exclusion:

B3.14 Siting, construction, modification, operation, and 

decommissioning of small-scale 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

DOE has prepared several EAs that analyzed the impacts of constructing and operating 

small educational facilities and determined that these actions do not have the potential 

to cause significant environmental impacts:

• DOE/EA-1444: Construction of New Office Building, Child-Care Facility, 

Parking Garage, and Storm Water Retention Pond, FONSI (September 2002). 

The EA evaluated the impacts of building a 3-level, parking garage with 

additional paved parking areas and a 48,000 square foot office building on an 

already-developed DOE site as well as the construction of a child-care center 

and a credit union office on an adjoining 5-acre parcel of land. 

• DOE/EA-1415: Proposed Conveyance of the American Museum of Science 

and Energy and Associated Property, Parcel G, and Parcel 279.01, FONSI

(March 2007). The EA evaluated the environmental impacts resulting from the 

conveyance of a science museum to the City of Oak Ridge, TN, as well as the 

construction of associated office and retail space and buildings for light 

industrial purposes. DOE determined that the conveyance and the construction 

of the associated buildings would have no significant impacts.

• DOE/EA-1412: Expansion of the Volpentest Hazardous Materials 

Management and Emergency Response Training and Education Center, 

Hanford Site, Richland, Washington, FONSI (November 2002). The EA 

evaluated the impacts of an Emergency Vehicle Operations training facility, 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 33

including a one-mile, asphalt vehicle test course, a helipad, a 12,500 square 

foot parking area for equipment, and a 1,600 square foot area for earthmoving 

equipment training. 

• DOE/EA-1375 : Construction and Operation of a New Office Building and 

Related Structures at TA 3 within Los Alamos National Laboratory (June 

2001), FONSI (July 2001) The EA evaluated the impacts of constructing a 

275,000 square foot office building with an adjoining 600-seat lecture hall, and 

a 700-space parking structure on an already developed site. The office building 

would contain staff offices, records management space, and operations support 

space. 

Proposed new categorical exclusion:

B3.15 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).

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

DOE proposes to define a class of actions specifically to include facilities for smallscale laboratory research projects involving nanoscale (atomic and molecular scale)

materials. DOE has prepared several EAs that analyzed the impacts of constructing and 

operating facilities at which research on or using nanomaterials would be conducted, 

and has substantial experience conducting laboratory-scale experimentation with 

nanoscale materials. 

• DOE/EA 1457: Center for Integrated Nanotechnologies at Sandia National 

Laboratories(March 2003), FONSI (April 2003). The EA evaluated the 

impacts from the construction of a 90,000 square foot laboratory on an already 

developed site. The proposed facility would contain clean rooms for 

nanofabrication, physical and chemical characterization of nanomaterials, and 

lithography in addition to facilities for general-purpose chemistry, biology, 

electronic, and physics research on the electronic, magnetic, and optical 

properties of nanomaterials. 

• DOE/EA 1455: Enhanced Operations of the Advanced Photon Source at 

Argonne National Laboratory-East, Argonne, Illinois, FONSI (June 2003). The 

EA evaluated the impacts from the construction of a 48,000 square foot Center 

for Nanoscale Materials and an associated parking lot on an already developed 

DOE site. Research activities would include lithography, nanofabrication, and 

nanomaterials characterization. The facility would also include clean rooms as 

well as several offices and conference rooms.

• DOE/EA 1441: Construction and Operation of the Molecular Foundry

(February 2003), FONSI (March 2003). The EA evaluated the impacts from 

the construction of an 86,000 square foot nanofabrication and nanomaterials 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 34

characterization facility and an associated utility plant on an already developed 

DOE site. The facility would include laboratories, equipment rooms, 

conference/seminar rooms and office space. 

• DOE/EA 1362: Oak Ridge National Laboratory Facilities Revitalization 

Project, FONSI (June 2001). The EA evaluated impacts from the 3,000 squarefoot expansion of an existing laboratory, including two new clean rooms, to 

accommodate laboratory and process space for a Nanoscience Metrology and 

Instrumentation facility. The facility would support research for nanomaterials, 

nanostructures, and applications for the technologies. 

In addition, DOE has prepared the following guidance documents that describe 

practices appropriate to the management of environmental, safety and health concerns 

associated with laboratory-scale operations involving the design, synthesis, or 

characterization of engineered nanomaterials. Use of the documents enables DOE 

nanoscale laboratories to develop site-specific controls that protect workers and the 

environment.

• Approach to Nanomaterial ES&H

• Worker and Environmental Assessment of Potential Unbound Engineered 

Nanoparticle Releases (2009) 

• The Safe Handling of Unbound Engineered Nanoparticles, Contractor 

Requirements Document (DOE 2009) 

• Nanomaterials Safety Implementation Plan, Ames Laboratory (April 2010)

DOE also used the following as guidance documents: 

• Nanomaterial Laboratory Safety, Boise State University (June 2010)

• Approaches to Safe Nanotechnology, National Institute for Occupational 

Safety and Health (March 2008)

Proposed new categorical exclusion:

B3.16 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;

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

Other agencies have established categorical exclusions for relevant salt water and 

freshwater activities:

Department of Navy categorical exclusion (32 CFR 775.6(e)(20)): 

Installation and operation of passive scientific measurement devices (e.g., 

antennae, tide gauges, weighted hydrophones, salinity measurement devices, and 

water quality measurement devices) where use will not result in changes in 

operations tempo and is consistent with applicable regulations;
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 35

(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.

National Oceanic and Atmospheric Administration categorical exclusion (NOAA 

Administrative Order 216.6.03c.3(a, d, e)): 

(a) Research Programs. Programs or projects of limited size and magnitude or with 

only short-term effects on the environment and for which any cumulative effects 

are negligible.

Examples include natural resource inventories and environmental monitoring 

programs conducted with a variety of gear (satellite and ground-based sensors, 

fish nets, etc.) in water, air, or land environs. Such projects may be conducted 

in a wide geographic area without need for an environmental document 

provided related environmental consequences are limited or short-term. (d) 

Administrative or Routine Program Functions. The following NOAA 

programmatic functions that hold no potential for significant environmental 

impacts qualify for a categorical exclusion: program planning and budgeting 

including strategic planning and operational planning; mapping, charting, and 

surveying services; ship support; ship and aircraft operations; fishery financial 

support services; grants for fishery data collection activities; basic and applied 

research and research grants, except as provided in Section 6.03b. (e) Real 

Estate Actions....various easement acquisitions....

Bureau of Ocean Energy Management, Regulation and Enforcement (formerly 

Minerals Management Service) categorical exclusion(s) (from DOI DM 516 Chapter 

15, Section 15.4):

A(1): Inventory, data, and information collection, including the conduct of 

environmental monitoring and nondestructive research programs.

B(1): All resource evaluation activities including surveying, mapping, and 

geophysical surveying which do not use solid or liquid explosives.

B(2): Collection of geologic data and samples including geologic, paleontologic, 

mineralogic, geochemical, and geophysical investigations which does not involve 

drilling beyond 50 feet of consolidated rock or beyond 300 feet of unconsolidated 

rock, including contracts therefor.

B(4): Well logging, digital modeling. inventory of existing wells, and installation 

of recording devices in wells.

B(5): Establishment and installation of any research/monitoring devices.

C(15): Rights-of-ways, easements, temporary use permits, and any revisions 

thereto that do not result in a new pipeline corridor to shore.

B4. Categorical Exclusions Applicable to Power Marketing Administrations and to All of DOE with Regard to Power Resources
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 36

B4.1 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., policies, 

allocation plans, or acquisition of excess electric power that does 

not involve: (1) the integration of a new generation resource, (2) 

physical changes in the transmission system beyond the 

previously developed facility area, unless the changes are 

themselves categorically excluded, or (3) changes in the normal 

operating limits of generation resources.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.4 Power marketing services, and power management activities 

(including, but not limited to, storage, load shaping, seasonal 

exchanges, or and other similar activities if), provided that the 

operations of generating projects would remain within normal 

operating limits.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.5 Temporary adjustments to river operations to accommodate dayto-day river fluctuations, power demand changes, fish and 

wildlife conservation program requirements, and other external 

events, ifprovided that the adjustments would occur within the 

existing operating constraints of the particular hydrosystem 

operation.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.6 Additions or modifications to electric power transmission 

facilities that would not have the potential to cause significant 

impactsaffect the environment 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.).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.7 Adding fiber optic cables to transmission facilities structures or 

burying fiber optic cable in existing transmission line or pipeline 

rights-of-way. Covered actions may include associated vaults 

and pulling and tensioning sites outside of rights-of-way in 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 37

nearby previously disturbed or developed areas.

B4.8 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, 

ifprovided 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.9 Grant or denialGranting or denying of requests for multiple uses

of a transmission facility’s rights-of-way, such as(including, but 

not limited to, grazing permits and crossing agreements, 

including for electric lines, water lines, natural gas pipelines, 

communications cables, roads, and drainage culverts.).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.10 Deactivation, dismantling, and removal of electric 

powerlinestransmission facilities (including, but not limited to, 

electric transmission lines, substations, and switching stations,)

and other transmission facilities,abandonment and 

rightrestoration of rights-of-way abandonment (including, but 

not limited to, associated access roads).

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.11 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 megawattswith power 

delivery at 230 kV or below, or modification (other than voltage

increases) of existing substations and support facilities, that 

could involve the construction of electric powerlines 

approximately 10 miles in length or less, or relocation of 

existing electric powerlines approximately 20 miles in length or 

less, but not the integration of major new generation resources 

into a main transmission system.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.12 Construction of electric powerlinestransmission lines

approximately 10 miles in length or less inside or outside of 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 38

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. that are not for the 

integration of major new generation resources into a main

transmission system.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.13 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.Reconstruction (upgrading or rebuilding) and/or 

minor relocation of existing electric powerlines approximately 

20 miles in length or less to enhance environmental and land use

values. Such actions include relocations to avoid right-of-way 

encroachments, resolve conflict with propertydevelopment, 

accommodate road/highway construction, allow for the

construction of facilities such as canals and pipelines, or reduce 

existing impacts to environmentally sensitive areas.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5 Categorical Exclusions Applicable to Conservation, Fossil, and Renewable Energy Activities

B5.1

(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 changesdo 

not increase 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), 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

The following EAs and FONSIs support proposed B5.1(b):

• DOE/EA-1774: Energy Conservation Standards for Residential Water Heaters, 

Direct Heating Equipment, and Pool Heaters, FONSI (March 2010) 

• DOE/EA-1748: Energy Conservation Program: Energy Conservation 

Standards for Small Electric Motors, FONSI (March 2010)
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 39

organizations (such as utilities), and governments (such as state

and , local, and tribal) governments. 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 of solar hot wateror 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 efficient lighting, dripirrigation 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 or , industrial, or building

practices,; and small-scale energy efficiency and conservation

and renewable energy research and development and small-scale 

pilot projects. The Covered actions could involveinclude

building renovations or new structures, provided that in they 

occur in a previously disturbed or developed area. Covered 

actions could involve commercial, residential, agricultural, 

academic, institutional, or industrial sectors. These 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) 

• DOE/EA-1674: Energy Conservation Program: Energy Conservation 

Standards for Refrigerated Bottled or Canned Beverage Vending Machines, 

FONSI (August 2009)

• DOE/EA-1673: Energy Conservation Program for Certain Industrial 

Equipment: Energy Conservation Standards and Test Procedures for 

Commercial Heating, Air-Conditioning, and Water-Heating Equipment, 

FONSI (July 2009)

• DOE/EA-1664: Energy Conservation Standards: Energy Conservation 

Standards for Fluorescent and Incandescent Lamps, FONSI (June 2009)

• DOE/EA-1662: Energy Conservation Program: Energy Conservation 

Standards for Certain Consumer Products (Dishwashers, Dehumidifiers, 

Microwave Ovens, and Electric and Gas Kitchen Ranges and Ovens) and for 

Certain Commercial and Industrial Equipment (Commercial Clothes Washers), 

FONSI (April 2009) 

• DOE/EA-1643 Energy Conservation Program for Commercial and Industrial 

Equipment: Commercial Refrigeration Equipment Energy Conservation 

Standard, FONSI (December 2008)

• DOE/EA-1637: Energy Conservation Program for Commercial and Industrial 

Equipment: Packaged Terminal Air Conditioner and Packaged Terminal Heat 

Pump Energy Conservation Standards (October 2008), FONSI (November 

2008)

• DOE/EA-1530: Energy Conservation Standards for Residential Furnaces and 

Boilers (September 2007), FONSI (November 2007) 

• DOE/EA-1565: Adopted Energy Conservation Standards for Distribution 

Transformers (July 2007), FONSI (November 2007) 

• DOE/EA-1352: Proposed Energy Conservation Standards for Residential 

Central Air Conditioner and Heat Pumps, FONSI (January 2001)

DOE/EA-1352 (Amended): Amended Energy Conservation Standards for 

Residential Central Air Conditioner and Heat Pumps, FONSI (May 2002)

• DOE/EA-1344: Proposed Energy Conservation Standards for Residential 

Clothes Washers (December 2000), FONSI (January 2001) 

• DOE/EA-1138: Proposed Energy-Conservation Standards for Refrigerators, 

Refrigerator - Freezers, and Freezers, FONSI (April 1997)

• DOE/EA-0819: Energy Conservation Standards for Eight Types of Consumer 

Products: Room Air Conditioners, Water Heaters, Direct Heating Equipment, 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 40

have the potential to cause a significant increase in energy 

consumption in a state or region.

Mobile Home Furnaces, Ranges and Ovens, Pool Heaters, Fluorescent Ballasts 

and Televisions, FONSI (December 1992)

• DOE/EA-0386:Technical Support Document: Energy Conservation Standards 

for Consumer Products: Dishwashers, Clothes Washers, and Clothes Dryers

(July 1989) FONSI (August 1989). 

• DOE/EA-0372: Technical Support Document: Energy Conservation Standards 

for Consumer Products: Refrigerators, Furnaces, and Television Sets, FONSI

(November 1988) 

• DOE/EA-0296: Proposed Energy Conservation Standards for New 

Commercial and Multifamily Highrise Residential Buildings, FONSI

(November 1986)

• DOE/EA-0113: Energy Conservation Program for Consumer Products

(products covered are: refrigerators and refrigerator/freezers, freezers, clothes 

dryers, water heaters, room air conditioners, home heating equipment, kitchen 

ranges and ovens, central air conditioners, and furnaces), FONSI (June 1980)

B5.2 Modifications to oil, gas, and geothermal facility existing pump 

and piping configurations (including, but not limited to, 

manifolds, metering systems, and other instrumentation that 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 tochange design process flow rates or affect 

permitted air emissions.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.3 Modification (but not expansion) or plugging and abandonment

(including plugging), which is not part of site closure, of crude 

oil storage access wells, brine injection wells, geothermal wells, 

and gas wells 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 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 41

B5.4 Repair or, replacement, upgrading, rebuilding, or minor 

relocation of sections of a crude oil, produced water, brine, or 

geothermal pipeline, if the actions are determined bypipelines 

within existing rights-of-way, provided that the actions are in 

accordance with applicable requirements (such as Army Corps 

of Engineers to be within the maintenance provisions of a DOE 

permitpermits 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.5 Construction and subsequent operation of short crude oil, steam, 

geothermal, or natural gas(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 DOEexisting source facilities and existing receiving 

facilities (such as facilities for use, reuse, transportation, storage, 

orand refining facilities within a single industrial complex, if), 

provided that the pipeline segments are within 

existingpreviously disturbed or developed rights-of-way.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.6 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) (NCP and 

disposed of in accordance with local contingency plans in 

accordance with the NCP.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.7 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 does not involve minor new 

construction and only requires operational changes, (such as an 

increasechanges in natural gas throughput, change in 

transportation, orand change in storage operations.) but not new 

construction.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.8 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 involving involve a new 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 42

cogeneration powerplants (as defined in the Powerplant and 

Industrial Fuel Use Act of 1978, as amended) within or adjacent 

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-of-way.

B5.9 The gGrants or denials or denial of any temporary exemptions

under the Powerplant and Industrial Fuel Use Act of 1978, as 

amended, for any electric powerplants.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.10 For existing electric powerplants, The ggrants or denials or 

denial of any permanent exemptions under the Powerplant and 

Industrial Fuel Use Act of 1978, as amended, of any existing 

electric powerplant other than an exemptions under (1) section 

312(c) relating to cogeneration, and (2) section 312(l) relating to 

scheduled equipment outages, (3) section 312(b) relating to 

certain state or local requirements, and (4) section 312(g) 

relating to certain intermediate load powerplants.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.11 For new electric powerplants, The ggrants or denials or denial of 

a permanent exemptions from the prohibitions of Title II of the 

Powerplant and Industrial Fuel Use Act of 1978, as amended, for 

any new electric powerplant to permit the use of certain fuel 

mixtures containing natural gas or petroleum.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.12 Workover (operations to restore production, such as deepening, 

plugging back, pulling and resetting lines, and squeeze 

cementing) of an existing wells (including, but not limited to, 

activities associated with brine, carbon dioxide, coalbed 

methane, gas hydrate, geothermal, natural gas, and oiloil, gas, or 

geothermal well) to restore production when functionality, 

provided that workover operations will beare restricted to the 

existing wellpad and do not involve any new site preparation or 

earth work that would have the potential to cause significant 

impacts on nearbyadversely affect adjacent 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.

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 43

Proposed new categorical exclusion: 

B5.13 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.)

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

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. Information from small-scale projects is needed to provide data 

needed to ensure that commercial-scale projects can be conducted safely and in an 

environmentally sound manner. Based on experience with small-scale projects, DOE 

expects that the limitations in the proposed categorical exclusion (for example, that 

total amount of carbon dioxide injected for all wells under a given project would not 

exceed 500,000 tons over the duration of the project) will ensure that projects would 

not have significant impacts. Supporting environmental analyses include:

• DOE/EA-1625, Southeast Regional Carbon Sequestration Partnership 

(SECARB) Phase III Early Test, Oklahoma (August 2009), FONSI (July 2009)

(FONSI was based on EA, but EA print production and distribution followed 

FONSI issue date.)

• DOE/EA-1626, Midwest Geological Sequestration Consortium (MGSC) Phase 

III Large-Scale Field Test, Decatur, Illinois (October 2008), FONSI

(November 2008)

• DOE/EA-1482, Pilot Experiment for Geological Sequestration of Carbon 

Dioxide in Saline Aquifer Brine Formations, Frio Formation, Liberty County, 

Texas, FONSI (October 2003)

Further information about projects, supporting data, and the carbon sequestration 

program is available at:

www.fossil.energy.gov/fred/feprograms.jsp?prog=Carbon+Sequestration. 

Program experts at DOE’s National Energy Technology Laboratory have prepared a

white paper on DOE’s experience with Carbon Capture and Sequestration (CCS) field 

tests and environmental impacts during their operation, Experience from Geologic 

Carbon Dioxide Storage Field Projects Supported by DOE’s Sequestration Program

(September 2010). DOE’s experience with CCS field tests has shown that there is no 

potential for significant impact associated with these activities. This white paper is 

supported by a list of the 20 small-scale and 9 large-scale field projects DOE has 

sponsored through the Regional Partnerships. 

Proposed new categorical exclusion:

B5.14 Conversion to, replacement of, or modification of combined heat 

and power or cogeneration systems (the sequential or 

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 44

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.

Proposed new categorical exclusion:

B5.15 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

Proposed new categorical exclusion:

B5.16 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

DOE and other Federal agency experience with “co-located” or “distributed” solar 

energy projects generally comprising 10 acres or less:

• DOE/EA-1622: University of Nevada, Las Vegas Research Center Foundation 

Solar Technology Center, FONSI (January 2009). Land photovoltaic

installations on 10 acres.

• DOE/EA-1573: Three Site Development Projects at NREL- South Table 

Mountain, FONSI (July 2007). Various solar photovoltaic technology 

demonstrations, including a ground photovoltaic installation on 2 acres. 

• Federal Aviation Administration, Final EA/FONSI – Photovoltaic Energy 

System at Lihue Airport, Lihue, Island of Kauai, Hawaii (August 2008). A 

solar roof installment on 2.9 acres of existing parking lot. 

• Department of Labor, Job Corps, Preliminary FONSI (74 FR 45252; Sept. 1, 

2009) and Final FONSI for the Edison Job Corps Center Solar Photovoltaic 

(PV) Project Located at the Edison Job Corps Center, 500 Plainfield Avenue, 

Township of Edison, NJ 08817 (74 FR 57196; Nov. 4, 2009). Approximately 2 

acres of ground-mounted photovoltaic modules (1,620 modules in total) on 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 45

undeveloped grass lawn surrounded by existing facilities. 

• Department of Labor, Job Corps, Preliminary FONSI (74 FR 45252; Sept. 1, 

2009) and Final FONSI for the Solar PV Project Located at Westover Job 

Corps Center, 103 Johnson Drive, Chicopee, MA (74 FR 51797; Nov. 4, 

2009). Approximately 1.5 acres of stationary, solar photovoltaic panels in 

previously developed area adjacent to the closest electrical terminal at the 

Westover Job Corps Center.

• Department of Veterans Affairs, FONSI - Rooftop solar PV power at Calverton 

National Cemetery (August 2009). Project consists of ground mounted 

photovoltaic arrays at various locations on the Cemetery site and consists of 

photovoltaic arrays, inverters, and ancillary equipment to connect to existing 

building electrical system. 

• Department of Veterans Affairs, FONSI - Ground mounted solar photovoltaic 

power at San Joaquin National Cemetery (August 2009). Approximately 1.5 

acres of stationary, solar photovoltaic panels in previously developed area to 

create a 150 to 200 kilowatt system adjacent to the closest electrical terminal at 

the Cemetery. 

• Department of Agriculture Categorical Exclusion: 7 CFR 1794.22 (a)(iii)(8) -

Construction of distributed energy generation totaling 10 MW or less at an 

existing utility, industrial, commercial or educational facility site. 

Scientific and industry expert opinion regarding varying scales of solar photovoltaic 

technologies, including related environmental benefits and environmental impacts to 

various natural resources, is found in the following publication:

• National Academy of Sciences, National Academy of Engineering, and 

National Research Council, Committee on America’s Energy Future, 

America’s Energy Future: Technology and Transformation (National 

Academies Press, Washington, DC: 2009).

Proposed new categorical exclusion:

B5.17 The installation, modification, operation, and removal of 

commercially available small-scale 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 

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

• DOE/EA-1683: DOE Loan Guarantee to Abengoa Solar, Inc. for the Solana 

Thermal Electric Power Project near Gila Bend, AZ, FONSI (May 2010) A 

280 megawatt concentrating solar thermal power plant covering roughly 1,757 

acres.

• DOE/EA-1622: University of Nevada, Las Vegas Research Foundation, Solar 

Technology Center, FONSI (January 2009). 10 acre site with testing areas 

intended for research and development of various solar technologies, including 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 46

requirements) in the proposed project area and would 

incorporate appropriate control technologies and best 

management practices.

concentrating solar (thermal) power.

Proposed new categorical exclusion:

B5.18 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 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

(1) Support for wind turbine height less than 200 feet limitation:

The stated limitation of “total height of generally less than 200 feet” is based, in 

part, on U.S. Department of Transportation, Federal Aviation Administration 

(FAA) regulations (14 CFR 77.13) that require any construction or alteration of 

more than 200 feet in height above the ground level to file a notice with the FAA 

for the completion of an aeronautical study and airspace determination. Similarly, 

FAA standards recommend obstruction marking or lighting for vertical structures 

greater than 200 feet. See FAA, Advisory Circular: Obstruction Marking and 

Lighting, Chapter 13 (2007). 

DOE and other Federal agency experience with wind turbines of less than 200 feet 

in height:

• DOE/EA -1584: Sandpoint Wind Installation Project, FONSI (September

2009). Installation of two 500 kilowatt wind turbines standing at a total 

maximum height (ground to maximum blade rotation) of 194 feet.

• DOE/EA-1280: Nome Alaska Wind Turbine, FONSI (November 2000).

Installation of up to two wind turbines. Wind turbine models under 

consideration include a 225 kilowatt measuring at 154 feet total height (ground 

to maximum blade rotation), and 550 kilowatt turbine measuring at 199 feet 

total height (ground to maximum blade rotation).

• DOE/EA-1245: Kotzebue Wind Project, FONSI (May 1998) Installation of ten 

turbines with maximum height (ground to maximum blade rotation) of 111.5 

feet tall wind turbines to generate 0.66 megawatts of power. 

• Department of Labor, Job Corps, Preliminary FONSI (74 FR 45254; Sept. 1, 

2009) and Final FONSI for a Small Wind Turbine Installation at Laredo 

(Texas) Job Corps Center (74 FR 212; Nov. 4, 2009). Construction of two, 10 

kilowatt wind turbines with maximum height (ground to maximum blade 

rotation) of 151 feet located adjacent to existing Job Corps facilities.

• Department of Labor, Job Corps, Preliminary FONSI (74 FR 45254; Sept. 1, 

2009) and Final FONSI for a Small Wind Turbine Installation at Angell 

(Oregon) Job Corps Center (74 FR 212; Nov. 4, 2009) Construction of two, 10 

kilowatt wind turbines with maximum height (ground to maximum blade 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 47

rotation) of 151 feet located adjacent to existing Job Corps facilities. 

• Department of Labor, Job Corps, Preliminary FONSI (74 FR 45254; Sept. 1, 

2009) and Final FONSI for a Small Wind Turbine Installation at Cassadaga 

(New York) Job Corps Center (74 FR 212; Nov. 4, 2009). Construction of two, 

10 kilowatt wind turbines with maximum height (ground to maximum blade 

rotation) of 151 feet located adjacent to existing Job Corps facilities.

(2) Support for location wind turbine more than 10 nautical miles from an airport or 

aviation aid:

The stated limitation of “located more than 10 nautical miles from an airport or 

aviation navigation aid” is based on requirements in 49 U.S.C. 44718 and FAA 

Order 7400.2. The statute (49 U.S.C. 44718) requires that the Secretary of 

Transportation (via the FAA) conduct an aeronautical study for any structure that 

is constructed that may interfere with air commerce, more specifically, those that 

may obstruct navigable airspace or pose an interference with air navigation 

facilities and equipment. Such a study is intended to “decide the extent of any 

adverse impact on the safe and efficient use of the airspace, facilities, or 

equipment.” (49 U.S.C. 44718 (b)(1)). FAA Order 7400.2 defines a “critical flight 

zone” in relation to navigable airspace and safety, as being airspace within 10 

nautical miles (NM) in radius of an airport.

(3) Support for limitation regarding distance in nautical miles from radar: 

http://www.roc.noaa.gov/WSR88D/WindFarm/TurbinesImpactOn.aspx?wid=dev

(4) Potential of wind turbines to impact avian and bat species or populations:

Impacts of wind turbines on birds and bats vary by region and by species, so 

turbine site selection is a key consideration to design small wind projects that 

would not have the potential for significant impacts to birds and bats due to 

strikes/collisions with turbine components. The reports below find that fatalities 

likely have greater impacts on bat and raptor (e.g., owls and eagles) populations 

than on most bird populations because of the characteristically long life spans and 

low reproductive rates of both bats and raptors and because of a relatively low 

abundance of raptors. Cumulative impacts to bat populations have a potential for 

significance due to a general region-wide decline of bats in the Eastern United 

States if initial project siting is not done appropriately (i.e., should be in 

accordance with industry best management practices).

• U.S. Fish and Wildlife Service Wind Turbine Guidelines Advisory Committee, 

Recommended Guidelines to the Secretary, March 4, 2010. These guidelines 

address: (1) proper evaluation of potential Wind Resource Areas (WRAs), (2) 

proper location and design of turbines and associated structures within WRAs 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 48

selected for development, and (3) pre- and post-construction research and 

monitoring to identify and/or assess impacts to wildlife. Such considerations 

and actions comprise examples of industry best management practices for 

siting and design of a wind turbine project that avoid significant impacts to 

birds and bats.

• Bureau of Land Management, Final Programmatic Environmental Impact 

Statement on Wind Energy Development on BLM Lands in the Western 

United States (FES05-11), June 2005. Several impact areas are addressed in 

this programmatic FEIS, and DOE used findings of this EIS to support the 

identification of resource areas of particular concern with regard to wind 

turbines that were then incorporated into the proposed categorical exclusion 

language as limitations (i.e., concerning impacts to bird and bat populations 

and acting in accordance with local land use and zoning requirements). The 

BLM document also identifies considerations (i.e., best management practices) 

to be made during project siting and design.

• National Academy of Sciences, Committee on Environmental Impacts of 

Wind-Energy Projects, Environmental Impacts of Wind Energy Projects (The 

National Academies Press: Washington, D.C., 2007).

Government Accountability Office, Wind Power: Impacts on Wildlife and 

Government Responsibilities for Regulating Development and Protecting 

Wildlife (GAO-05-906), September 2005. 

Both the National Academy of Sciences (NAS) and the Government 

Accountability Office studies assess how wind turbines are sited at the local 

and state levels and associated considerations made during these processes that 

may be useful to reduce impacts to a variety of wildlife resources. However, 

the NAS study provides an overview of impacts of wind turbines on all natural 

resource areas, including impacts that may be experienced by humans.

DOE has experience with small wind projects that employed best management 

practices in siting and design that resulted in a proposal to DOE that posed no 

significant impacts to local and regional bird and bat populations. 

For example, see:

• DOE/EA -1737: Environmental Assessment for DOE's Proposed Financial 

Assistance to Pennsylvania for Frey Farm Landfill Wind Energy Project, 

Manor Township, Lancaster, PA, FONSI (February 2010). Installation of two 

wind turbines in former landfill to generate approximately 3.6 megawatts of 

electricity for adjacent dairy facilities.

• DOE/EA-1648: White Earth Nation Wind Energy Demonstration Project, 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 49

FONSI (April 2009). Installation of single 750-kilowatt wind turbine with 

maximum height of 230 feet.

• DOE/EA-1516: Environmental Assessment for the Proposed Clipper 

Windpower, Inc. Low Wind Speed Turbine Demonstration Project, Carbon 

County, Wyoming, FONSI (January 2005). Three-year demonstration of a 

wind turbine designed to produce electricity at low speed with maximum 

output of 2.5 megawatts.

(5) Shadow flicker as impact to be avoided:

The categorical exclusion refers to shadow flicker as an impact to be avoided. 

Interposition of turbines between observers and the sun, particularly in the early 

and late hours of the day and during the winter season when sun angles are low, 

could produce a strobe-like effect from flickering shadows cast by the moving 

rotors. At its most severe, shadow flicker would be temporary and limited to 

daylight hours; it may be significant, however, because of its motion and 

frequency. 

According to NAS (2007, above), if a turbine is located too close to a highway, 

the movement of the large rotor blades and possible resulting flicker can distract 

drivers, and flickering lights have been proven to be a risk to those suffering from 

epilepsy and are known to be a cause of migraine headaches. 

BLM (2005, above) and DOE/EA-1737 (above) also have identified the potential 

for significant impacts from shadow flicker to public safety. The project evaluated 

in DOE/EA-1737 incorporates proper set-back distances of the placement of 

turbines from occupied residences and other buildings that reflect an example of a 

best management practice that can avoid significant impact from the onset of 

project design.

(6) Noise as impact to be avoided:

The categorical exclusion also refers to noise as an impact to people to be 

considered through siting and design of a project. Sound is a result of fluctuating 

air pressure. Noise is any unwanted, undesirable sound and can occur in different 

volumes and pitches depending on the type of source and the distance from a 

receptor. NAS (2007, above) indicates that noise from wind turbines is most 

critical within a half-mile of a project. Noise arises mainly from two sources: (1) 

mechanical noise caused by the gearbox and generator; and (2) aerodynamic noise 

caused by interaction of the turbine blades with the wind (generally heard as a 

“whooshing sound” as the blades of the turbine rotate). While most modern wind 

turbines have been designed to significantly reduce the noise of mechanical 

components (Colby, et al, 2009, below), aerodynamic noise (BLM, 2005 and 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 50

NAS, 2007, both above) may be avoided by incorporating best management 

practices, such as proper set-back distances of the placement of turbines from 

occupied residences and buildings, or adjusting operation of the turbine at 

typically quiet times (e.g., night).

• Colby, W. David; Robert Dobie; Geoff Leventhall; David M. Lipscomb; 

Robert J. McCunney; Michael T. Seilo; and Bo Søndergaard, “Wind Turbine 

Sound and Health Effects: An Expert Panel Review, ” December 2009. 

Prepared for: American Wind Energy Association and Canadian Wind Energy 

Association. 

http://www.awea.org/newsroom/releases/AWEA_CanWEA_SoundWhitePaper

_12-11-09.pdf. This is a white paper written by a scientific advisory panel, 

established by the American Wind Energy Association and Canadian Wind 

Energy Association, and comprised of acoustic engineers and scientists. The 

panel undertook an extensive review, analysis, and discussion of peer-reviewed 

literature on sound and health effects in general, and on sound produced by 

wind turbines.

In addition, wind-energy developers are required to meet local standards and/or 

noise regulations for acceptable sound levels. Acceptability standards for noise 

vary state and locality, and may vary with time of day (e.g., nighttime standards 

are generally stricter). 

Proposed new categorical exclusion:

B5.19 The installation, modification, operation, and removal of 

commercially available small-scale 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

DOE experience with direct use geothermal heat pumps:

• DOE/EA-1571: Ohio State University, 4-H Center with Green Building

Technology, FONSI (December 2006). Activities include design and 

construction of a hybrid geothermal/cooling tower, ventilation, and cooling 

system. 

• DOE/EA-1396: Small-Scale Geothermal Power Plant and Direct-Use 

Geothermal Application at AmeriCulture Inc., FONSI (August 2002). 

Activities include direct-use of geothermal source for heating an aquaculture 

facility. 

Other Federal agency experience with direct use geothermal heat pumps:

• Department of Defense (DoD), Report to Congress: Ground-Source Heat 

Pumps at Department of Defense Facilities (January 2007). This DoD report 

concluded ground-source heat pumps can be a cost effective alternative in new 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 51

construction and retrofitting of facilities.

• Environmental Protection Agency, A Manual on Environmental Issues Related 

to Geothermal Heat Pump Systems (1997). This manual describes the key 

environmental issues, applicable regulations and permitting, and principles of 

construction and operation of ground source heat pumps. 

National Park Service (NPS) Categorical Exclusion (DO12 3.4.C.16): Installation of 

underground utilities in areas showing clear evidence of recent human disturbance or 

areas within an existing road prism or within an existing overhead utility right-of-way.

Proposed new categorical exclusion:

B5.20 The installation, modification, operation, and removal of smallscale 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

• DOE/EA-1605: Environmental Assessment for Biomass Cogeneration and 

Heating Facilities at the Savannah River Site, FONSI (August 2008).

Proposed facilities include two wood-fired boilers with backup oil-fired boiler 

capabilities. The proposed facilities, sited on an abandoned borrow pit, would 

produce from 6 to 15 megawatts of electricity for use at the Savannah River 

Site.

• DOE/EA-1573: Three Site Development Projects at NREL- South Table 

Mountain, FONSI (July 2007). This EA analyzed construction of a small 

biomass heating plant to replace the existing natural gas system. The facility 

would operate as the primary winter heat source to the NREL research and 

support facilities, would not affect the air quality attainment status, and would 

be located adjacent to the existing facilities.

• DOE/EA-1568: Environmental Assessment for the Replacement Source of 

Steam for A-Area at the Savannah River Site, FONSI (October 2006). New 

facilities include a wood-fired boiler and a backup oil-fired boiler replacing a 

coal-fired boiler. The existing facility produced more steam than the site 

demanded. A newer and more efficient facility that would meet new air quality 

standards in 2007 was proposed adjacent to the existing facility. 

Proposed new categorical exclusion:

B5.21 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 

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 52

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.

Proposed new categorical exclusion:

B5.22 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

• DOE/EA-1620: Burbank Hydrogen Fueling Station Project Final 

Environmental Assessment, FONSI (August 2008). Removal and replacement 

of existing hydrogen fueling station with upgraded hydrogen fueling station; 

analysis also includes operation of the fueling station. 

Proposed new categorical exclusion:

B5.23 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.

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

Proposed new categorical exclusion:

B5.24 The installation, modification, operation, and removal of 

commercially available small-scale, 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 

Discussion of the proposed categorical exclusion is provided in Section IV.E of the 

Preamble. 

This categorical exclusion was developed based on the input of DOE staff biologists 

and with the input of fish biologists, each having more than 20 years regulatory and 

fisheries management experience, and experience in areas of the country where 

hydroelectricity production is common.

The term “run-of-the-river” as used in this categorical exclusion refers to hydroelectric 

systems that are fully dependent on the natural flow of the river at the point of system 

installation. These systems would have no water storage in an impoundment or 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 53

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.

otherwise, and would involve no water diversion from the stream or river channel 

where the system is installed, either through a pipe, tunnel, unlined or lined canal or 

trench, or other conveyance. The amount of electricity produced by “run-of-the-river” 

systems in this categorical exclusion would be solely influenced by the naturally 

available water flow in the stream or river, which may fluctuate hourly, daily, and 

seasonally. 

The term “drop-in” as used in this categorical exclusion refers to systems that are 

prefabricated and placed into the river, rather than constructing a dam or other 

structure on-site.

The term “small-scale” in this categorical exclusion means that these actions would 

involve no stream or river channel modification, and that the hydroelectric systems 

would be placed and secured in the channel without the use of heavy equipment.

The limitations in the categorical exclusion define its scope so as to prevent changes in 

water flow rate or volume, water temperature, or sediment movement that would be

substantial enough to result in direct, indirect, or cumulatively significant affects to 

fish, wildlife, habitat, and ecologically important processes. For example, impounding 

water behind a hydroelectric system can result in water flow changes that can affect 

the ability of adult anadromous fish or other aquatic species to access their spawning 

areas. Flow changes can also increase or reduce sediment flushing that: is important 

for the survival of some aquatic species’ eggs; can alter the occurrence of in-channel or 

off-channel pool size where juveniles forage and take cover; can cause a change in 

water temperature that could affect egg, juvenile, or adult survivability; and can affect 

the downstream movement of juveniles, ultimately resulting in their being trapped due 

to natural, low seasonal flows. These direct effects can lead to indirect effects to other 

aquatic or terrestrial species, including birds that feed on directly affected species. 

Cumulative effects can occur at a lower elevation in a given hydrological system, 

either on the same stream or river, or on a main stem river supplied by affected streams 

or rivers, due to combined flow effects. 

To further ensure no significant effects occur, actions in this categorical exclusion

would be implemented only upstream of a natural anadromous fish barrier (a waterfall 

that has historically prevented anadromous fish passage), because many anadromous 

fish are listed as threatened or endangered under the Federal Endangered Species Act 

or state equivalent. In regions of the United States where anadromous fish occur, much 

of the naturally accessible stream mileage is used by one or more species of 

anadromous fish for reproduction and juvenile rearing, or may be used as a species 

begins to recover and its population size and use of available habitat increases. The 

effects of small hydroelectric generation systems in these areas would have the 

potential to result in individually or cumulatively significant effects to threatened or 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 54

endangered anadromous fish, due to physical injury of adults or juveniles (such as 

entrainment in turbines), or disruption or degradation of spawning areas. Stream and 

river mileage upstream of natural fish barriers would not present such concerns.

This categorical exclusion was developed in part with input from environmental 

professionals with experience in areas of the United States where hydroelectricity 

production is common, including:

• Kevin Maurice: 26 years research and regulatory experience, including 8 years 

endangered species research experience with a Federal Agency, and 16 years 

Federal regulatory and conservation work including Endangered Species Act 

consultations and habitat conservation plan development, dealing with effects 

to aquatic environments and species; Bachelor of Science in Forest Biology, 

with a dual wildlife and fisheries major, State University of New York, 

College of Environmental Science and Forestry.

• Jon Hale: 25 years research, regulatory and applied biology experience, 

including 1 year of aquaculture experience and 24 years researching, 

assessing, and managing effects to fish and wildlife and their habitats (as a 

result of private and governmental actions, across the contiguous United 

States, Alaska, Hawaii, and Pacific islands, territories, and nations); Bachelor 

of Science in Marine Biology, Texas A&M University at Galveston.

Proposed new categorical exclusion:

B5.25 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 

Technical Support Memorandum and Appendices provided by ARPA-E.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 55

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 Small-scale, short-term cleanup actions, under RCRA, Atomic 

Energy Act, or other authorities, less than approximately 5 10 

million dollars in cost and 5 years duration, 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 

(e.g.,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 (for examplesuch 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 

Discussion of the proposed changes is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 56

associated piping and underlying containment systems in 

compliance withaccordance 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 

affectunduly 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, 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 (for example,such as run-off or run-on 

diversion) if needed to reduce offsite migration of hazardous 

substances, pollutants, contaminants, or CERCLA-excluded 

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 
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 57

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 The siting, construction, and operation of temporary (generally 

less than 2 years) pilot-scale waste collection and treatment 

facilities, and pilot-scale (generally less than one 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) if), provided that the action: (1) Ssupports 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).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B6.3 Improvements to environmental monitoring and control systems 

of an existing building or structure (for example,such as changes 

to scrubbers in air quality control systems or ion-exchange 

devices and other filtration processes in water treatment 

systems) if), 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.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 58

B6.4 Siting, construction (or, modification or, 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) (e.g.,such as accumulation or satellite areas).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B6.5 Siting, construction (or, modification or, 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, ifprovided 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.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B6.7 Under the Low-Level Radioactive Waste Policy Amendments 

Act of 1985 (5(c)(5)), granting of a petition qualified under 10 

CFR 730.6 for allocation of commercial disposal capacity for an 

unusual or unexpected volume of commercial low-level 

radioactive waste or denying such a petition when adequate 

storage capacity exists at the petitioner's facility.

B6.7 [Reserved]

Discussion of the proposed change is provided in Section IV.E of the Preamble. 

B6.10 Siting, construction (or, modification), expansion, operation, and 

decommissioning of a small upgraded or replacement facility 

(less than approximately 50,000 square feet in area) at a DOE 

site within or contiguous to an alreadya 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.)

Discussion of the proposed change is provided in Section IV.E of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B7 Categorical Exclusions Applicable to International Activities

B7.2 Approval of import or export of small quantities of special 

nuclear materials or isotopic materials in accordance with 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 59

applicable requirements (such as the Nuclear Non-Proliferation 

Act of 1978 and the “Procedures Established Pursuant to the 

Nuclear Non Non-Proliferation Act of 1978” (43 FR 25326, 

June 9, 1978)).

Appendix C

C2 Rate increases for products or services marketed by DOE, except 

for electric power, power transmission, and other products or 

services provided by the Power Marketing Administrations, and 

approval of rate increases for non-DOE entities, that exceed the 

change in the overall price level in the economy (inflation), as 

measured by the GNP fixed weight price index published by the 

Department of Commerce, during the period since the last rate 

increase for that product or service.

C2 [Reserved]

Discussion of the proposed changes is provided in Section IV.F of the Preamble.

C4 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.

Reconstructing (upgrading or rebuilding) existing electric 

powerlines more than approximately 20 miles in length or 

constructing new electric powerlines more than approximately 

10 miles in length. 

Discussion of the proposed changes is provided in Section IV.F of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

C7 Establishment and implementation of contracts, policies, and 

marketing and allocation plans related to electric power 

acquisition or transmission , or allocation plans for the allocation 

of electric power that do not involve (1) the interconnection of, 

or acquisition of power from, addition of new generation 

resources greater that are equal to or less than 50 average 

megawatts and that would not be eligible for categorical 

exclusion under this part, ; (2) major changes in the normal 

Discussion of the proposed changes is provided in Section IV.F of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 60

operating limits of generation resources greater equal to or less 

than 50 average megawatts, ; or (3) service to discrete new loads 

of less than10 average megawatts or more over a 12 12-month 

period. This applies to power marketing operations and to siting, 

construction, and operation of power generating facilities at

DOE sites.

C8 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.Protection, restoration, or improvement of fish and 

wildlife habitat, fish passage facilities, and fish hatcheries if the 

proposed action may adversely affect an environmentally 

sensitive resource.

Discussion of the proposed changes is provided in Section IV.F of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

C11 Siting, construction (or modification), operation, and 

decommissioning of a low- or medium-energy (but greater 

thanwhen the primary beam energy exceeds approximately 100 

million electron voltsMeV primary beam energyand the average 

beam power exceeds approximately 250 kilowatts or where the 

average current exceeds 2.5 milliamperes) particle acceleration 

facilitiesy, including electron beam acceleration facilities, and

associated beamlines, storage rings, colliders, and detectors for 

research and medical purposes, within or contiguous to an 

alreadya previously disturbed or developed area (where active 

utilities and currently used roads are readily accessible).

Discussion of the proposed changes is provided in Section IV.F of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

C12 Siting, construction, and operation of energy system prototypes 

demonstration actions (including, but not limited to, wind 

resource, hydropower, geothermal, fossil fuel, biomass, and 

solar energy, but excluding nuclear). pilot projects. 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.

Discussion of the proposed changes is provided in Section IV.F of the Preamble. 
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C13 Approvals or disapprovals of an applicationauthorizations to 

import/ or export natural gas under section 3 of the Natural Gas 

Act involving minor new construction (other than a cogeneration 

powerplant), (such as adding new connections, looping, or 

compression to an existing natural gas pipeline or liquefied 

natural gas pipeline, or converting an existing oil pipeline to a 

natural gas pipeline using the same right-of-way.).

Discussion of the proposed changes is provided in Section IV.F of the Preamble. 

C15 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 Part 261.4(b)).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

C16 Siting, construction, (or modification to increase capacity), 

operation, and decommissioning of packaging and unpacking 

facilities (that may includesuch 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.)

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Appendix D

D1 Strategic Systems, as defined in DOE Order 430.1, “Life-Cycle 

Asset Management” or its successor, and designated by the 

Secretary.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D5 Main transmission system additions (that is, additions of new

transmission lines) to a Power Marketing Administration's main 

transmission grid.

D5 [Reserved]

Discussion of the proposed changes is provided in Section IV.G of the Preamble. 

The following documents illustrate that impacts from electric transmission facilities 

and lines may be mitigated to be non-significant. Therefore, the level of NEPA review 

for transmission facilities and lines that are not categorically excluded is at least an EA 

level, but does not necessarily warrant an EIS level. 

• DOE/EIS-0389: Trinity Public Utilities District Direct Interconnection Project, 

Record of Decision (ROD) (January 2008), Mitigation Action Plan (MAP). 

The EIS analyzed impacts from improvements to power system reliability in 

Trinity County, California, by Western’s action to remove about 5.3 miles of 
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existing 12-kV distribution line, and construct, operate, and maintain about 16 

miles of new 60-kV transmission line, a three-way switching structure and 

associated equipment, and a new switchyard. The EIS identified best 

management practices and mitigation measures, all of which were committed 

to in the ROD and Western’s Mitigation Action Plan (MAP). The ROD stated 

that, with implementation of those requirements and measures, all identified 

potential impacts would be reduced to less than significant levels.

• DOE/EIS-0323-S: Sacramento Area Voltage Support Project, ROD (May 

2008), MAP. This EIS analyzed construction of a new double-circuit, 230-

kilovolt (kV) transmission line, approximately 31 miles long, between 

Western’s O’Banion Substation and the area just south of the Sacramento 

Municipal Utility District’s (SMUD) Elverta Substation and reconstruction of 

SMUD’s existing 230 kV/115 kV transmission line between SMUD’s Elverta 

and Natomas substations into a double-circuit 230 kV line. The ROD stated 

that Western has proactively developed Environmental Protection Measures 

(EPMs) to protect sensitive resources in the field and the EPMs would be 

implemented as part of the Project. Western developed 104 EPMs to reduce 

environmental consequences associated with construction and operation 

activities. Western determined environmental consequences based on the 

assumption that all EPMs would be fully implemented. These EPMs ensure 

that environmental harm from building the Project will be avoided or 

minimized. In addition to EPMs already developed, Western would 

incorporate mitigation measures identified during consultation with 

appropriate agencies. All recommended mitigation measures from applicable 

air districts would be applied to the project. Therefore, no significant direct, 

indirect, or cumulative effects would result from any of the alternatives 

analyzed in the EIS.

• DOE/EIS-0294: Sutter Power Project, ROD (May 1999), MAP. This EIS 

analyzed the direct interconnection of Calpine Corporation’s (Calpine) 

proposed Sutter Power Project (SPP), a geothermal facility, with Western’s 

electric transmission system. These facilities include a natural gas pipeline, 

new switching station, and approximately 4 miles of new 230-kilovolt (kV) 

transmission line. As the ROD stated, Western has determined that no 

significant environmental impacts will result from the construction, operation, 

and maintenance of the SPP or its ancillary facilities. With the 165 mitigation 

measures adopted, the Project will not have a significant effect on any portion 

of the human environment.

• DOE/EA-1425: BPA/Raymond-Cosmopolis Transmission Line Rebuild 
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Project, FONSI (August 2003), MAP. The EA analyzed the rebuild of, and 

addition of fiber optic cable to, the Raymond–Cosmopolis 115-kV, 18.3 mile 

long transmission line, located in Pacific and Grays Harbor Counties in 

Washington. Based on the analysis in the EA and the mitigation that will be 

implemented to reduce adverse impacts, there would be no significant impacts 

to the following: land use, geology and soil, vegetation, wildlife, water quality, 

wetlands and floodplains, visual quality, air quality, socioeconomics, cultural 

resources, and health and safety. The MAP includes some measures that are 

essential to render the impacts of the proposed action not significant and other 

measures that will decrease impacts that did not reach the level to be 

considered significant.

D6 Integrating transmission facilities (that is, transmission system 

additions for integrating major new sources of generation into a 

Power Marketing Administration's main grid).

D6 [Reserved]

See explanation for D5, above.

D7 Establishment and implementation of contracts, policies, and 

marketing and allocation plans orrelated to electric power 

acquisition or transmission allocation plans for the allocation of

electric power that involve (1) the interconnection of, or 

acquisition of power from, addition of new generation resources 

greater than 50 average megawatts, ; (2) major 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 12-month period. This 

applies to power marketing operations and to siting construction, 

and operation of power generating facilities at DOE sites.

Discussion of the proposed changes is provided in Section IV.G of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D8 Approvals or disapprovals or disapproval of an

applicationsauthorizations to import or /export natural gas under 

section 3 of the Natural Gas Act involving major new natural 

gas pipeline construction of major new natural gas pipelines or 

related facilities, (such as construction of new liquid liquefied 

natural gas (LNG) terminals, and regasification or storage 

facilities), or a significant expansions and modifications of an 

existing pipelines or related facility or LNG terminal, 

regasification, or storage facilityfacilities.).

Discussion of the proposed changes is provided in Section IV.G of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.
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D9 Approvals or disapprovals or disapproval of an 

applicationauthorizations to import or /export natural gas under 

section 3 of the Natural Gas Act involving a significant major 

operational changes, (such as a major increase in the quantity of 

liquid liquefied natural gas imported or exported.).

Discussion of the proposed changes is provided in Section IV.G of the Preamble. 

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D10 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 will would not result in increased storage capacity.

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D11 Siting, construction ( or expansion), and operation of a disposal 

facility facilities for transuranic (TRU) waste and TRU mixed 

waste (TRU waste also containing hazardous waste as 

designated in 40 CFR part 261).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D12 Siting, construction, and operation of incinerators, other than 

research and development incinerators or incinerators for 

nonhazardous solid waste (as designated in 40 CFR part 

261.4(b)).

Recurring proposals for subpart D are described in Section IV.B of the Preamble.