### PART 1021 -- NATIONAL

ENVIRONMENTAL POLICY ACT

IMPLEMENTING PROCEDURES

Subpart A -- General

Sec. 1021.100 Purpose. 1021.101 Policy. 1021.102 Applicability. 1021.103 Adoption of CEQ NEPA regulations.

1021.104 Definitions. 1021.105 Oversight of Agency NEPA

activities.

Subpart B -- DOE Decisionmaking

1021.200 DOE planning. 1021.210 DOE decisionmaking.

1021.211 Interim actions: Limitations on actions during the NEPA process. 1021.212 Research, development, demonstration, and testing. 1021.213 Rulemaking. 1021.214 Adjudicatory proceedings. 1021.215 Applicant process. 1021.216 Procurement, financial assistance, and joint ventures.

Subpart C -- Implementing Procedures

1021.300 General requirements. 1021.301 Agency review and public participation. 1021.310 Environmental impact statements. 1021.311 Notice of intent and scoping. 1021.312 [Reserved]

1021.313 Public review of environmental impact statements. 1021.314 Supplemental environmental impact

statements.
1021.315 Records of decision.

1021.320 Environmental assessments. 1021.321 Requirements for environmental

assessments. 1021.322 Findings of no significant impact. 1021.330 Programmatic (including site-wide)

NEPA documents. 1021.331 Mitigation action plans. 1021.340 C1assified, confidential, and otherwise exempt information.

1021.341 Coordination with other environmental review requirements. 1021.342 Interagency cooperation.

1021.343 Variances.

Subpart D -- Typical Classes of Actions

1021.400 Level of NEPA review. 1021.410 Application of categorical exclusions (classes of actions that normally do not require EAs or EISs). Appendix A to Subpart D to Part 1021 -- Categorical Exclusions Applicable to General Agency Actions Appendix B to Subpart D to Part 1021 -- Categorical Exclusions Applicable to Specific Agency Actions Appendix C to Subpart D to Part 1021 -- Classes of Actions that Normally Require EAs but not Necessarily EISs Appendix D to Subpart D to Part 1021 -- Classes of Actions that Normally Require EISs

Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 4321 et seq.; 50 U.S.C. 2401 et seq.

Source: 57 FR 15144, Apr. 24, 1992, unless

otherwise noted.

Subpart A -- General

§1021.100 Purpose

.

The purpose of this part is to establish procedures that the Department of Energy (DOE) shall use to comply with section 102(2) of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4332(2)) and the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508). This part supplements, and is to be used in conjunction with, the CEQ Regulations.2 §1021.101 Policy.

It is DOE's policy to follow the letter and spirit of NEPA; comply fully with the CEQ Regulations; and apply the NEPA review process early in the planning stages for DOE proposals.

§1021.102 Applicability.

(a) This part applies to all organizational elements of DOE except the Federal Energy Regulatory Commission. (b) This part applies to any DOE action affecting the quality of the environment of the United States, its territories or possessions. DOE actions having environmental effects outside the United States, its territories or possessions are subject to the provisions of Executive Order 12114, “Environmental Effects Abroad of Major Federal Actions” (3 CFR, 1979 Comp., p. 356; 44 FR 1957, January 4, 1979), DOE guidelines implementing that Executive Order (46 FR 1007, January 5, 1981), and the Department of State's “Unified Procedures Applicable to Major Federal Actions Relating to Nuclear Activities Subject to Executive Order 12114" (44 FR 65560, November 13, 1979).

§1021.103 Adoption of CEQ NEPA regulations.

DOE adopts the regulations for implementing NEPA published by CEQ at 40 CFR parts 1500 through 1508.

§1021.104 Definitions.

(a) The definitions set forth in 40 CFR part 1508 are referenced and used in this part. (b) In addition to the terms defined in 40 CFR part 1508, the following definitions apply to this part:

Action means a project, program, plan, or policy, as discussed at 40 CFR 1508.18, that is subject to DOE's control and responsibility. Not included within this definition are purely ministerial actions with regard to which DOE has no discretion. For example, ministerial actions to implement congressionally mandated funding for actions not proposed by DOE and as to which DOE has no discretion (i.e., statutorily mandated, congressionally initiated “passthroughs”).

Advance NOI means a formal public notice of DOE's intent to prepare an EIS, which is published in advance of an NOI in order to facilitate public involvement in the NEPA

process. American Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska native entity, which is recognized as eligible for the special programs or services provided by the

United States because of their status as Indians. Categorical exclusion means a category of actions, as defined at 40 CFR 1508.4 and listed in appendix A or B to subpart D of this part, for which neither an EA nor an EIS is normally required. CEQmeans the Council on Environmental Quality as defined at 40 CFR 1508.6. CEQ Regulations means the regulations issued by CEQ (40 CFR parts 1500-1508) to implement the procedural provisions of NEPA. CERCLA-excluded petroleum and natural gas products means petroleum, including crude oil or any fraction thereof, that is not otherwise specifically listed or designated as a hazardous substance under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601.101(14)) and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel or of pipeline quality (or mixtures of natural gas and such synthetic gas).

Contaminant means a substance identified

within the definition of contaminant in section 101(33) of CERCLA (42 U.S.C. 9601.101(33)). Daymeans a calendar day.

DOE means the U.S. Department of Energy. DOE proposal (or proposal) means a proposal, as discussed at 40 CFR 1508.23 (whether initiated by DOE, another Federal agency, or an applicant), for an action, if the3 proposal requires a DOE decision.

EA means an environmental assessment as

defined at 40 CFR 1508.9.

EIS means an environmental impact statement as defined at 40 CFR 1508.11, or, unless this part specifically provides otherwise, a Supplemental EIS.

EPA means the U.S. Environmental Protection Agency.

FONSI means a Finding of No Significant Impact as defined at 40 CFR 1508.13.

Hazardous substance means a substance

identified within the definition of hazardous substances in section 101(14) of CERCLA (42 U.S.C. 9601.101(14)). Radionuclides are hazardous substances through their listing under section 112 of the Clean Air Act (42 U.S.C. 7412) (40 CFR part 61, subpart H).

Host state means a state within whose boundaries DOE proposes an action at an existing facility or construction or operation of a new facility.

Host tribe means an American Indian tribe within whose tribal lands DOE proposes an action at an existing facility or construction or operation of a new facility. For purposes of this definition, tribal lands means the area of “Indian country,” as defined in 18 U.S.C. 1151, that is under the tribe's jurisdiction. That section defines Indian country as: (i) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (ii) All dependent Indian communities within

the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (iii) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

Interim action means an action concerning a proposal that is the subject of an ongoing EIS and that DOE proposes to take before the ROD is issued, and that is permissible under 40 CFR 1506.1: Limitations on actions during the NEPA

process. Mitigation Action Plan means a document that describes the plan for implementing

commitments made in a DOE EIS and its associated ROD, or, when appropriate, an EA or FONSI, to mitigate adverse environmental impacts associated with an action.

NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

NEPA document means a DOE NOI, EIS, ROD, EA, FONSI, or any other document prepared pursuant to a requirement of NEPA or the CEQ Regulations.

NEPA reviewmeans the process used to comply with section 102(2) of NEPA.

NOI means a Notice of Intent to prepare an

EIS as defined at 40 CFR 1508.22. Notice of Availabilitymeans a formal notice, published in the FEDERAL REGISTER, that announces the issuance and public availability of

a draft or final EIS. The EPA Notice of Availability is the official public notification of an EIS; a DOE Notice of Availability is an optional notice used to provide information to the public.

Pollutant means a substance identified within the definition of pollutant in section 101(33) of CERCLA (42 U.S.C. 9601.101(33)). Program means a sequence of connected or related DOE actions or projects as discussed at 40 CFR 1508.18(b)(3) and 1508.25(a). Programmatic NEPA document means a broad-scope EIS or EA that identifies and assesses the environmental impacts of a DOE program; it may also refer to an associated NEPA document, such as an NOI, ROD, or

FONSI. Project means a specific DOE undertaking including actions approved by permit or other regulatory decision as well as Federal and federally assisted activities, which may include design, construction, and operation of an individual facility; research, development, demonstration, and testing for a process or product; funding for a facility, process, or product; or similar activities, as discussed at 404 CFR 1508.18(b)(4).

RODmeans a Record of Decision as

described at 40 CFR 1505.2. Scoping means the process described at 40 CFR 1501.7; “public scoping process” refers to that portion of the scoping process where the public is invited to participate, as described at 40 CFR 1501.7 (a)(1) and (b)(4).

Site-wide NEPA document means a broad-scope EIS or EA that is programmatic in

nature and identifies and assesses the individual and cumulative impacts of ongoing and reasonably foreseeable future actions at a DOE site; it may also refer to an associated NEPA document, such as an NOI, ROD, or FONSI. Supplement Analysis means a DOE document used to determine whether a supplemental EIS should be prepared pursuant to 40 CFR 1502.9(c), or to support a decision to prepare a

new EIS. Supplemental EIS means an EIS prepared to supplement a prior EIS as provided at 40 CFR 1502.9(c). The Secretarymeans the Secretary of Energy. [57 FR 15144, Apr. 24, 1992, as amended at 61 FR 36239, July 9, 1996]

§1021.105 Oversight of Agency NEPA

activities.

The Assistant Secretary for Environment, Safety and Health, or his/her designee, is responsible for overall review of DOE NEPA compliance. Further information on DOE's NEPA process and the status of individual NEPA reviews may be obtained upon request from the Office of NEPA Policy and Assistance, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0119. [61 FR 36239, July 9, 1996]

Subpart B -- DOE Decisionmaking

§1021.200 DOE planning.

(a) DOE shall provide for adequate and timely NEPA review of DOE proposals, including those for programs, policies, projects, regulations, orders, or legislation, in accordance

with 40 CFR 1501.2 and this section. In its planning for each proposal, DOE shall include adequate time and funding for proper NEPA review and for preparation of anticipated NEPA

documents. (b) DOE shall begin its NEPA review as soon as possible after the time that DOE proposes an action or is presented with a proposal. (c) DOE shall determine the level of NEPA review required for a proposal in accordance with §1021.300 and subpart D of this part. (d) During the development and consideration of a DOE proposal, DOE shall review any relevant planning and decisionmaking documents, whether prepared by DOE or another agency, to determine if the proposal or any of its alternatives are considered in a prior NEPA document. If so, DOE shall consider adopting the existing document, or any pertinent part thereof, in accordance with 40

CFR 1506.3.

§1021.210 DOE decisionmaking.

(a) For each DOE proposal, DOE shall

coordinate its NEPA review with its decisionmaking. Sections 1021.211 through 1021.214 of this part specify how DOE will coordinate its NEPA review with decision points for certain types of proposals (40 CFR 1505.1(b)). (b) DOE shall complete its NEPA review for each DOE proposal before making a decision on the proposal (e.g., normally in advance of, and for use in reaching, a decision to proceed with detailed design), except as provided in 40 CFR 1506.1 and §§1021.211 and 1021.216 of this
part. (c) During the decisionmaking process for each DOE proposal, DOE shall consider the relevant NEPA documents, public and agency comments (if any) on those documents, and DOE responses to those comments, as part of its5 consideration of the proposal (40 CFR 1505.1(d)) and shall include such documents, comments, and responses as part of the administrative record (40 CFR 1505.1(c)). (d) If an EIS or EA is prepared for a DOE proposal, DOE shall consider the alternatives analyzed in that EIS or EA before rendering a decision on that proposal; the decision on the proposal shall be within the range of alternatives analyzed in the EA or EIS (40 CFR 1505.1(e)). (e) When DOE uses a broad decision (such as one on a policy or program) as a basis for a subsequent narrower decision (such as one on a project or other site-specific proposal), DOE may use tiering (40 CFR 1502.20) and incorporation of material by reference (40 CFR 1502.21) in the NEPA review for the subsequent narrower proposal.

§1021.211 Interim actions: Limitations on actions during the NEPA process.

While DOE is preparing an EIS that is required under §1021.300(a) of this part, DOE shall take no action concerning the proposal that is the subject of the EIS before issuing an ROD, except as provided at 40 CFR 1506.1. Actions that are covered by, or are a part of, a DOE proposal for which an EIS is being prepared shall not be categorically excluded under subpart D of these regulations unless they qualify as interim

actions under 40 CFR 1506.1.

§1021.212 Research, development, demonstration, and testing.

(a) This section applies to the adoption and application of programs that involve research, development, demonstration, and testing for new technologies (40 CFR 1502.4(c)(3)). Adoption of such programs might also lead to

commercialization or other broad-scale implementation by DOE or another entity. (b) For any proposed program described in paragraph (a) of this section, DOE shall begin its NEPA review (if otherwise required by this part)

as soon as environmental effects can be meaningfully evaluated, and before DOE has

reached the level of investment or commitment likely to determine subsequent development or restrict later alternatives, as discussed at 40 CFR 1502.4(c)(3). (c) For subsequent phases of development and application, DOE shall prepare one or more additional NEPA documents (if otherwise required by this part).

§1021.213 Rulemaking.

(a) This section applies to regulations promulgated by DOE. (b) DOE shall begin its NEPA review of a proposed rule (if otherwise required by this part) while drafting the proposed regulation, and as

soon as environmental effects can be meaningfully evaluated. (c) DOE shall include any relevant NEPA documents, public and agency comments (if any) on those documents, and DOE responses to those comments, as part of the administrative record (40 CFR 1505.1(c)). (d) If an EIS is required, DOE will normally publish the draft EIS at the time it publishes the proposed rule (40 CFR 1502.5(d)). DOE will normally combine any public hearings required for a proposed rule with the public hearings required on the draft EIS under §1021.313 of this part. The draft EIS need not accompany notices of inquiry or advance notices of proposed rulemaking that DOE may use to gather information during early stages of regulation development. When engaged in rulemaking for the purpose of protecting the public health and safety, DOE may issue the final rule simultaneously with publication of the EPA Notice of Availability of the final EIS in accordance with 40 CFR 1506.10(b). (e) If an EA is required, DOE will normally complete the EA and issue any related FONSI prior to or simultaneously with issuance of the proposed rule; however, if the EA leads to preparation of an EIS, the provisions of paragraph (d) of this section shall apply.6 §1021.214 Adjudicatory proceedings.

(a) This section applies to DOE proposed actions that involve DOE adjudicatory proceedings, excluding judicial or administrative

civil or criminal enforcement actions. (b) DOE shall complete its NEPA review (if otherwise required by this part) before rendering any final adjudicatory decision. If an EIS is required, the final EIS will normally be completed at the time of or before final staff recommendation, in accordance with 40 CFR 1502.5(c). (c) DOE shall include any relevant NEPA documents, public and agency comments (if any) on those documents, and DOE responses to those comments, as part of the administrative record (40 CFR 1505.1(c)).

§1021.215 Applicant process.

(a) This section applies to actions that involve application to DOE for a permit, license, exemption or allocation, or other similar actions, unless the action is categorically excluded from preparation of an EA or EIS under subpart D of this part. (b) The applicant shall: (1) Consult with DOE as early as possible in the planning process to obtain guidance with respect to the appropriate level and scope of any

studies or environmental information that DOE may require to be submitted as part of, or in support of, the application; (2) Conduct studies that DOE deems necessary and appropriate to determine the environmental impacts of the proposed action; (3) Consult with appropriate Federal, state, regional and local agencies, American Indian tribes and other potentially interested parties during the preliminary planning stages of the proposed action to identify environmental factors and permitting requirements; (4) Notify DOE as early as possible of other Federal, state, regional, local or American Indian tribal actions required for project completion to

allow DOE to coordinate the Federal environmental review, and fulfill the requirements of 40 CFR 1506.2 regarding elimination of duplication with state and local procedures, as appropriate; (5) Notify DOE of private entities and organizations interested in the proposed undertaking, in order that DOE can consult, as appropriate, with these parties in accordance with 40 CFR 1501.2(d)(2); and (6) Notify DOE if, before DOE completes the environmental review, the applicant plans to take an action that is within DOE's jurisdiction that may have an adverse environmental impact

or limit the choice of alternatives. If DOE

determines that the action would have an adverse environmental impact or would limit the choice

of reasonable alternatives under 40 CFR 1506.1(a), DOE will promptly notify the applicant that DOE will take appropriate action to ensure that the objectives and procedures of

NEPA are achieved in accordance with 40 CFR 1506.1(b). (c) For major categories of DOE actions involving a large number of applicants, DOE may prepare and make available generic guidance describing the recommended level and scope of environmental information that applicants should provide. (d) DOE shall begin its NEPA review (if otherwise required by this part) as soon as possible after receiving an application described in paragraph (a) of this section, and shall independently evaluate and verify the accuracy of information received from an applicant in accordance with 40 CFR 1506.5(a). At DOE's option, an applicant may prepare an EA in accordance with 40 CFR 1506.5(b). If an EIS is prepared, the EIS shall be prepared by DOE or by a contractor that is selected by DOE and that may be funded by the applicant, in accordance with 40 CFR 1506.5(c). The contractor shall provide a disclosure statement in accordance with 40 CFR 1506.5(c), as discussed in §1021.312(b)(4) of this part. DOE shall complete any NEPA documents (or evaluation of any EA prepared by the applicant) before rendering a final decision on the application and shall7 consider the NEPA document in reaching its decision, as provided in §1021.210 of this part.

§1021.216 Procurement, financial assistance, and joint ventures.

(a) This section applies to DOE competitive and limited-source procurements, to awards of financial assistance by a competitive process, and to joint ventures entered into as a result of competitive solicitations, unless the action is categorically excluded from preparation of an EA or EIS under subpart D of this part. Paragraphs (b), (c), and (i) of this section apply as well to DOE sole-source procurements of sites, systems, or processes, to noncompetitive awards of financial assistance, and to sole-source joint ventures, unless the action is categorically excluded from preparation of an EA or EIS under subpart D of this part. (b) When relevant in DOE's judgment, DOE shall require that offeror's submit environmental data and analyses as a discrete part of the offeror's proposal. DOE shall specify in its solicitation document the type of information

and level of detail for environmental data and analyses so required. The data will be limited to those reasonably available to offerors. (c) DOE shall independently evaluate and verify the accuracy of environmental data and analyses submitted by offerors. (d) For offers in the competitive range, DOE shall prepare and consider an environmental critique before the selection. (e) The environmental critique will be subject to the confidentiality requirements of the
procurement process. (f) The environmental critique will evaluate the environmental data and analyses submitted by offerors; it may also evaluate supplemental information developed by DOE as necessary for

a reasoned decision. (g) The environmental critique will focus on environmental issues that are pertinent to a decision on proposals and will include: (1) A brief discussion of the purpose of the procurement and each offer, including any site, system, or process variations among the offers having environmental implications; (2) A discussion of the salient characteristics of each offeror's proposed site, system, or process as well as alternative sites, systems, or

processes; (3) A brief comparative evaluation of the potential environmental impacts of the offers, which will address direct and indirect effects, short-term and long-term effects, proposed mitigation measures, adverse effects that cannot be avoided, areas where important environmental information is incomplete and unavailable, unresolved environmental issues and practicable mitigating measures not included in the offeror's proposal; and (4) To the extent known for each offer, a list of Federal, Tribal, state, and local government permits, licenses, and approvals that must be

obtained. (h) DOE shall prepare a publicly available environmental synopsis, based on the environmental critique, to document the consideration given to environmental factors and

to record that the relevant environmental consequences of reasonable alternatives have been evaluated in the selection process. The synopsis will not contain business, confidential,

trade secret or other information that DOE otherwise would not disclose pursuant to 18 U.S.C. 1905, the confidentiality requirements of the competitive procurement process, 5 U.S.C. 552(b) and 41 U.S.C. 423. To assure compliance with this requirement, the synopsis will not contain data or other information that may in any way reveal the identity of offerors. After a selection has been made, the environmental synopsis shall be filed with EPA, shall be made publicly available, and shall be incorporated in any NEPA document prepared under paragraph (i) of this section. (i) If an EA or EIS is required, DOE shall prepare, consider and publish the EA or EIS in conformance with the CEQ Regulations and other provisions of this part before taking any action pursuant to the contract or award of financial assistance (except as provided at 408 CFR 1506.1 and §1021.211 of this part). If the NEPA process is not completed before the award of the contract, financial assistance, or joint venture, then the contract, financial assistance, or joint venture shall be contingent on completion of the NEPA process (except as provided at 40 CFR 1506.1 and §1021.211 of this part). DOE shall phase subsequent contract work to allow the NEPA review process to be completed in advance of a go/no-go decision.

Subpart C -- Implementing Procedures

§1021.300 General requirements.

(a) DOE shall determine, under the procedures in the CEQ Regulations and this part, whether any DOE proposal: (1) Requires preparation of an EIS; (2) Requires preparation of an EA; or (3) Is categorically excluded from preparation of either an EIS or an EA. DOE shall prepare any pertinent documents as required by NEPA, the CEQ Regulations, or this part. (b) Notwithstanding any other provision of these regulations, DOE may prepare a NEPA document for any DOE action at any time in order to further the purposes of NEPA. This may be done to analyze the consequences of ongoing activities, support DOE planning, assess the need for mitigation, fully disclose the potential environmental consequences of DOE actions, or for any other reason. Documents prepared under this paragraph shall be prepared in the same manner as DOE documents prepared under paragraph (a) of this section.

§1021.301 Agency review and public participation.

(a) DOE shall make its NEPA documents available to other Federal agencies, states, local governments, American Indian tribes, interested groups, and the general public, in accordance with 40 CFR 1506.6, except as provided in §1021.340 of this part. (b) Wherever feasible, DOE NEPA documents shall explain technical, scientific, or military terms or measurements using terms familiar to the general public, in accordance with

40 CFR 1502.8. (c) DOE shall notify the host state and host tribe of a DOE determination to prepare an EA or EIS for a DOE proposal, and may notify any other state or American Indian tribe that, in DOE's judgment, may be affected by the proposal. (d) DOE shall provide the host state and host tribe with an opportunity to review and comment on any DOE EA prior to DOE's approval of the EA. DOE may also provide any other state or American Indian tribe with the same opportunity if, in DOE's judgment, the state or tribe may be affected by the proposed action. At DOE's discretion, this review period shall be from 14 to 30 days. DOE shall consider all comments received from a state or tribe during the review period before approving or modifying the EA, as appropriate. If all states and tribes afforded this opportunity for preapproval review waive such opportunity, or provide a response before the end of the comment period, DOE may proceed to approve or take other appropriate action on the EA before the end of the review period. (e) Paragraphs (c) and (d) of this section shall not apply to power marketing actions, such as rate-setting, in which a state or American Indian tribe is a customer, or to any other

circumstances where DOE determines that such

advance information could create a conflict of

interest.

§1021.310 Environmental impact

statements.

DOE shall prepare and circulate EISs and

related RODs in accordance with the requirements of the CEQ Regulations, as supplemented by this subpart. DOE shall include

in draft and final EISs a disclosure statement executed by any contractor (or subcontractor) under contract with DOE to prepare the EIS document, in accordance with 40 CFR 1506.5(c). [61 FR 36239, July 9, 1996]9 §1021.311 Notice of intent and scoping.

(a) DOE shall publish an NOI in the

FEDERAL REGISTER in accordance with 40 CFR 1501.7 and containing the elements specified in 40 CFR 1508.22 as soon as practicable after a decision is made to prepare an EIS. However, if there will be a lengthy period of time between its decision to prepare an EIS and the time of actual preparation, DOE may defer publication of the NOI until a reasonable time before preparing the EIS, provided that DOE allows a reasonable opportunity for interested parties to participate in the EIS process. Through the NOI, DOE shall invite comments and suggestions on the scope of the

EIS. DOE shall disseminate the NOI in

accordance with 40 CFR 1506.6. (b) If there will be a lengthy delay between the time DOE has decided to prepare an EIS and the beginning of the public scoping process, DOE may publish an Advance NOI in the FEDERAL REGISTER to provide an early opportunity to inform interested parties of the pending EIS or to solicit early public comments.

This Advance NOI does not serve as a substitute for the NOI provided for in paragraph (a) of this

section. (c) Publication of the NOI in the FEDERAL REGISTER shall begin the public scoping process. The public scoping process for a DOE EIS shall allow a minimum of 30 days for the receipt of public comments. (d) Except as provided in paragraph (g) 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. (e) In determining the scope of the EIS, DOE shall consider all comments received during the announced comment period held as part of the public scoping process. DOE may also consider

comments received after the close of the announced comment period. (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 (f) of this section shall apply. [57 FR 15144, Apr. 24, 1992, as amended at 61 FR 36239, July 9, 1996]

§1021.312 [Reserved]

§1021.313 Public review of environmental impact statements.

(a) The public review and comment period on a DOE draft EIS shall be no less than 45 days (40 CFR 1506.10(c)). The public comment period begins when EPA publishes a Notice of Availability of the document in the FEDERAL

REGISTER. (b) DOE shall hold at least one public hearing on DOE draft EISs. Such public hearings shall be announced at least 15 days in advance. The announcement shall identify the subject of the draft EIS and include the location, date, and time of the public hearings. (c) DOE shall prepare a final EIS following the public comment period and hearings on the draft EIS. The final EIS shall respond to oral and written comments received during public review of the draft EIS, as provided at 40 CFR 1503.4. In addition to the requirements at 40 CFR 1502.9(b), a DOE final EIS may include any Statement of Findings required by 10 CFR part 1022, “Compliance with Floodplain and Wetland Environmental Review Requirements,” or a Statement of Findings may be issued separately. (d) DOE shall use appropriate means to publicize the availability of draft and final EISs and the time and place for public hearings on a

draft EIS. The methods chosen should focus on reaching persons who may be interested in or10 affected by the proposal and may include the methods listed in 40 CFR 1506.6(b)(3). [57 FR 15144, Apr. 24, 1992, as amended at 68 FR 51432, Aug. 27, 2003]

§1021.314 Supplemental environmental impact statements.

(a) DOE shall prepare a supplemental EIS if there are substantial changes to the proposal or significant new circumstances or information relevant to environmental concerns, as discussed in 40 CFR 1502.9(c)(1). (b) DOE may supplement a draft EIS or final EIS at any time, to further the purposes of NEPA, in accordance with 40 CFR 1502.9(c)(2). (c) When it is unclear whether or not an EIS supplement is required, DOE shall prepare a Supplement Analysis. (1) The Supplement Analysis shall discuss the circumstances that are pertinent to deciding whether to prepare a supplemental EIS, pursuant to 40 CFR 1502.9(c). (2) The Supplement Analysis shall contain

sufficient information for DOE to determine

whether: (i) An existing EIS should be supplemented; (ii) A new EIS should be prepared; or (iii) No further NEPA documentation is required. (3) DOE shall make the determination and the related Supplement Analysis available to the public for information. Copies of the determination and Supplement Analysis shall be provided upon written request. DOE shall make copies available for inspection in the appropriate DOE public reading room(s) or other appropriate location(s) for a reasonable time. (d) DOE shall prepare, circulate, and file a supplement to a draft or final EIS in the same manner as any other draft and final EISs, except that scoping is optional for a supplement. If DOE decides to take action on a proposal covered by a supplemental EIS, DOE shall prepare a ROD in accordance with the provisions of §1021.315 of this part. (e) When applicable, DOE will incorporate an EIS supplement, or the determination and supporting Supplement Analysis made under paragraph (c) of this section, into any related

formal administrative record on the action that is the subject of the EIS supplement or determination (40 CFR 1502.9(c)(3)).

§1021.315 Records of decision.

(a) No decision may be made on a proposal covered by an EIS during a 30-day “waiting period” following completion of the final EIS, except as provided at 40 CFR 1506.1 and 1506.10(b) and §1021.211 of this part. The 30-day period starts when the EPA Notice of Availability for the final EIS is published in the

FEDERAL REGISTER. (b) If DOE decides to take action on a proposal covered by an EIS, a ROD shall be prepared as provided at 40 CFR 1505.2 (except as provided at 40 CFR 1506.1 and §1021.211 of this part). (c) DOE RODs shall be published in the

FEDERAL REGISTER and made available to the public as specified in 40 CFR 1506.6, except as provided in 40 CFR 1507.3(c) and §1021.340 of this part. (d) No action shall be taken until the decision has been made public. DOE may implement the decision before the ROD is published in the

FEDERAL REGISTER if the ROD has been signed and the decision and the availability of the ROD have been made public by other means (e.g., press release, announcement in local media). (e) DOE may revise a ROD at any time, so long as the revised decision is adequately supported by an existing EIS. A revised ROD is subject to the provisions of paragraphs (b), (c), and (d) of this section. [57 FR 15144, Apr. 24, 1992, as amended at 61 FR 36239, July 9 1996]

§1021.320 Environmental assessments.

DOE shall prepare and circulate EAs and

related FONSIs in accordance with the requirements of the CEQ Regulations, as supplemented by this subpart.11 §1021.321 Requirements for environmental

assessments.

(a) When to prepare an EA. As required by 40 CFR 1501.4(b), DOE shall prepare an EA for a proposed DOE action that is described in the classes of actions listed in appendix C to subpart D of this part, and for a proposed DOE action that is not described in any of the classes of actions listed in appendices A, B, or D to subpart D, except that an EA is not required if DOE has decided to prepare an EIS. DOE may prepare an EA on any action at any time in order to assist agency planning and decisionmaking. (b) Purposes . A DOE EA shall serve the purposes identified in 40 CFR 1508.9(a), which include providing sufficient evidence and analysis for determining whether to prepare an EIS or to issue a FONSI. If appropriate, a DOE EA shall also include any floodplain/wetlands assessment prepared under 10 CFR part 1022 and may include analyses needed for other

environmental determinations. (c) Content . A DOE EA shall comply with the requirements found at 40 CFR 1508.9. In addition to any other alternatives, DOE shall assess the no action alternative in an EA, even when the proposed action is specifically required by legislation or a court order.

§1021.322 Findings of no significant impact.

(a) DOE shall prepare a FONSI only if the related EA supports the finding that the proposed action will not have a significant effect on the human environment. If a required DOE EA does not support a FONSI, DOE shall prepare an EIS and issue a ROD before taking action on the proposal addressed by the EA, except as permitted under 40 CFR 1506.1 and §1021.211 of this part. (b) In addition to the requirements found at 40 CFR 1508.13, a DOE FONSI shall include the following: (1) Any commitments to mitigations that are essential to render the impacts of the proposed action not significant, beyond those mitigations that are integral elements of the proposed action, and a reference to the Mitigation Action Plan prepared under §1021.331 of this part; (2) Any “Statement of Findings” required by 10 CFR part 1022, “Compliance with Floodplain/Wetlands Environmental Review Requirements”; (3) The date of issuance; and (4) The signature of the DOE approving

official. (c) DOE shall make FONSIs available to the public as provided at 40 CFR 1501.4(e)(1) and 1506.6; DOE shall make copies available for inspection in the appropriate DOE public reading room(s) or other appropriate location(s) for a

reasonable time. (d) DOE shall issue a proposed FONSI for public review and comment before making a final determination on the FONSI if required by 40 CFR 1501.4(e)(2); DOE may issue a proposed FONSI for public review and comment

in other situations as well. (e) Upon issuance of the FONSI, DOE may proceed with the proposed action subject to any mitigation commitments expressed in the FONSI that are essential to render the impacts of the proposed action not significant. (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. [57 FR 15144, Apr. 24, 1992, as amended at 61 FR 36239, July 9, 1996]

§1021.330 Programmatic (including site-wide) NEPA documents.

(a) When required to support a DOE programmatic decision (40 CFR 1508.18(b)(3)), DOE shall prepare a programmatic EIS or EA (40 CFR 1502.4). DOE may also prepare a programmatic EIS or EA at any time to further the purposes of NEPA. (b) A DOE programmatic NEPA document shall be prepared, issued, and circulated in accordance with the requirements for any other NEPA document, as established by the CEQ Regulations and this part. (c) As a matter of policy when not otherwise12 required, DOE shall prepare site-wide EISs for certain large, multiple-facility DOE sites; DOE may prepare EISs or EAs for other sites to assess the impacts of all or selected functions at those

sites. (d) DOE shall evaluate site wide NEPA documents prepared under §1021.330(c) at least every five years. DOE shall evaluate site-wide EISs by means of a Supplement Analysis, as provided in §1021.314. Based on the Supplement Analysis, DOE shall determine whether the existing EIS remains adequate or whether to prepare a new site-wide EIS or supplement the existing EIS, as appropriate. The determination and supporting analysis shall be made available in the appropriate DOE public reading room(s) or in other appropriate location(s) for a

reasonable time. (e) DOE shall evaluate site-wide EAs by means of an analysis similar to the Supplement Analysis to determine whether the existing site-wide EA remains adequate, whether to prepare a new site-wide EA, revise the FONSI, or prepare a site wide EIS, as appropriate. The determination and supporting analysis shall be made available in the appropriate DOE public reading room(s) or in other appropriate location(s) for a reasonable time.

§1021.331 Mitigation action plans.

(a) Following completion of each EIS and its associated ROD, DOE shall prepare a Mitigation Action Plan that addresses mitigation commitments expressed in the ROD. The Mitigation Action Plan shall explain how the corresponding mitigation measures, designed to mitigate adverse environmental impacts associated with the course of action directed by the ROD, will be planned and implemented. The Mitigation Action Plan shall be prepared before DOE takes any action directed by the ROD that is the subject of a mitigation commitment. (b) In certain circumstances, as specified in §1021.322(b)(2), 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. The Mitigation Action Plan shall address all commitments to such necessary mitigations and explain how mitigation will be planned and implemented. The Mitigation Action Plan shall be prepared before the FONSI is issued and shall

be referenced therein. (c) Each Mitigation Action Plan shall be as complete as possible, commensurate with the information available regarding the course of action either directed by the ROD or the action to be covered by the FONSI, as appropriate. DOE may revise the Plan as more specific and

detailed information becomes available. (d) DOE shall make copies of the Mitigation Action Plans available for inspection in the appropriate DOE public reading room(s) or other appropriate location(s) for a reasonable time. Copies of the Mitigation Action Plans shall also be available upon written request.

§1021.340 Classified, confidential, and otherwise exempt information.

(a) Notwithstanding other sections of this part, DOE shall not disclose classified, confidential, or other information that DOE otherwise would not disclose pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. 552) and 10 CFR 1004.10(b) of DOE's regulations implementing the FOIA, except as provided by 40 CFR 1506.6(f). (b) To the fullest extent possible, DOE shall segregate any information that is exempt from disclosure requirements into an appendix to allow public review of the remainder of a NEPA

document. (c) If exempt information cannot be segregated, or if segregation would leave essentially meaningless material, DOE shall

withhold the entire NEPA document from the public; however, DOE shall prepare the NEPA document, in accordance with the CEQ Regulations and this part, and use it in DOE decisionmaking.13 §1021.341 Coordination with other environmental review requirements.

(a) In accordance with 40 CFR 1500.4(k) and (o), 1502.25, and 1506.4, DOE shall integrate the NEPA process and coordinate NEPA compliance with other environmental review requirements to the fullest extent possible. (b) To the extent possible, DOE shall determine the applicability of other environmental requirements early in the planning process, in consultation with other agencies when necessary or appropriate, to ensure compliance and to avoid delays, and shall incorporate any relevant requirements as early in the NEPA review process as possible.

§1021.342 Interagency cooperation.

For DOE programs that involve another Federal agency or agencies in related decisions subject to NEPA, DOE will comply with the requirements of 40 CFR 1501.5 and 1501.6. As part of this process, DOE shall cooperate with the other agencies in developing environmental information and in determining whether a proposal requires preparation of an EIS or EA, or can be categorically excluded from preparation of either. Further, where appropriate and acceptable to the other agencies, DOE shall develop or cooperate in the development of interagency agreements to facilitate coordination and to reduce delay and duplication.

§1021.343 Variances.

(a) Emergency actions. DOE may take an action without observing all provisions of this part or the CEQ Regulations, in accordance with 40 CFR 1506.11, in emergency situations that

demand immediate action. DOE shall consult with CEQ as soon as possible regarding alternative arrangements for emergency actions having significant environmental impacts. DOE shall document, including publishing a notice in the FEDERAL REGISTER, emergency actions covered by this paragraph within 30 days after such action occurs; this documentation shall identify any adverse impacts from the actions taken, further mitigation necessary, and any NEPA documents that may be required. (b) Reduction of time periods. On a case-by-case basis, DOE may reduce time periods established in this part that are not required by the CEQ Regulations. If DOE determines that such reduction is necessary, DOE shall publish a notice in the FEDERAL REGISTER specifying the revised time periods and the rationale for the

reduction. (c) Other. Any variance from the requirements of this part, other than as provided by paragraphs (a) and (b) of this section, must be soundly based on the interests of national security or the public health, safety, or welfare and must have the advance written approval of the Secretary; however, the Secretary is not authorized to waive or grant a variance from any requirement of the CEQ Regulations (except as provided for in those regulations). If the Secretary determines that a variance from the requirements of this part is within his/her authority to grant and is necessary, DOE shall publish a notice in the FEDERAL REGISTER specifying the variance granted and the reasons.

Subpart D -- Typical Classes of Actions

§1021.400 Level of NEPA review.

(a) This subpart identifies DOE actions that normally: (1) Do not require preparation of either an EIS or an EA (are categorically excluded from preparation of either document) (appendices A and B to this subpart D); (2) Require preparation of an EA, but not necessarily an EIS (appendix C to this subpart D); or (3) Require preparation of an EIS (appendix D to this subpart D). (b) Any completed, valid NEPA review does not have to be repeated, and no completed NEPA documents need to be redone by reasons of these regulations, except as provided in §1021.314. (c) If a DOE proposal is encompassed within a class of actions listed in the appendices to this14 subpart D, DOE shall proceed with the level of NEPA review indicated for that class of actions, unless there are extraordinary circumstances related to the specific proposal that may affect the significance of the environmental effects of the proposal. (d) If a DOE proposal is not encompassed

within the classes of actions listed in the appendices to this subpart D, or if there are extraordinary circumstances related to the proposal that may affect the significance of the environmental effects of the proposal, DOE shall

either: (1) Prepare an EA and, on the basis of that EA, determine whether to prepare an EIS or a FONSI; or (2) Prepare an EIS and ROD.

§1021.410 Application of categorical exclusions (classes of actions that normally do not require EAs or EISs).

(a) The actions listed in appendices A and B to this subpart D are classes of actions that DOE has determined do not individually or cumulatively have a significant effect on the human environment (categorical exclusions). (b) To find that a proposal is categorically excluded, DOE shall determine the following: (1) The proposal fits within a class of actions that is listed in appendix A or B to this subpart
D; (2) There are no extraordinary circumstances related to the proposal that may affect the significance of the environmental effects of the proposal. Extraordinary circumstances are unique situations presented by specific proposals, such as scientific controversy about the environmental effects of the proposal; uncertain effects or effects involving unique or unknown risks; or unresolved conflicts concerning alternate uses of available resources within the meaning of section 102(2)(E) of NEPA; and (3) The proposal is not “connected” (40 CFR 1508.25(a)(1)) to other actions with potentially significant impacts, is not related to other proposed actions with cumulatively significant impacts (40 CFR 1508.25(a)(2)), and is not precluded by 40 CFR 1506.1 or §1021.211 of this part. (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 associated transportation activities and award of implementing grants and contracts).

Appendix A to Subpart D of Part 1021 -- Categorical Exclusions Applicable to General Agency Actions

Table of Contents

A1. Routine administrative/ financial/ personnel actions A2. Contract interpretations/amendments/ modifications, clarifying or

administrative A3. Certain actions by Office of Hearings and Appeals A4. Interpretations/rulings for existing regulations A5. Rulemaking (interpreting/amending), no change in environmental effect A6. Rulemakings, procedural A7. Transfer of property, use unchanged

A8. Award of contracts for technical support/management and operation/personal services A9. Information gathering/data analysis/ document preparation/dissemination A10 Reports or recommendations on non-DOE legislation

A11 Technical advice and assistance to organizations A12 Emergency preparedness planning A13 Procedural Orders, Notices, and guidelines A14 Approval of technical exchange
arrangements15 A15 Umbrella agreements for cooperation in energy research and development A1 Routine actions necessary to support the normal conduct of agency business, such as administrative, financial, and personnel actions. A2 Contract interpretations, amendments, and modifications that are clarifying or

administrative in nature. A3 Adjustments, exceptions, exemptions, appeals, and stays, modifications, or rescissions of orders issued by the Office of Hearings and Appeals. A4 Interpretations and rulings with respect to existing regulations, or modifications or rescissions of such interpretations and rulings. A5 Rulemaking interpreting or amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. A6 Rulemakings that are strictly procedural, such as rulemaking (under 48 CFR part 9) establishing procedures for technical and pricing proposals and establishing contract clauses and contracting practices for the purchase of goods and services, and rulemaking (under 10 CFR part 600) establishing application and review procedures for, and administration, audit, and closeout of, grants and cooperative
agreements. A7 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. A8 Award of contracts for technical support services, management and operation of a government-owned facility, and personal

services. A9 Information gathering (including, but not limited to, literature surveys, inventories, audits), data analysis (including computer modelling), document preparation (such as conceptual design or feasibility studies, analytical energy supply and demand studies), and 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 see B3.1.) A10 Reports or recommendations on legislation or rulemaking that is not proposed by DOE. A11 Technical advice and planning assistance to international, national, state, and local organizations. A12 Emergency preparedness planning activities, including the designation of

onsite evacuation routes. A13 Administrative, organizational, or procedural Orders, Notices, and guidelines. 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. A15 Approval of DOE participation in international “umbrella” agreements for cooperation in energy research and development activities that would not commit the U.S. to any specific projects

or activities. [57 FR 15144, Apr. 24, 1992, as amended at 61 FR 36239, July 9, 1996]

Appendix B to Subpart D of Part 1021 -- Categorical Exclusions Applicable to Specific Agency Actions

Table of Contents

B Conditions that are integral elements of the classes of actions in appendix B B1 Categorical exclusions applicable to facility operation B1.1 Rate increases less than inflation (not power marketing, but see B4.3)16 B1.2 Training exercises and simulation

B1.3 Routine maintenance/custodial services for buildings, structures, infrastructures, equipment

B1.4 Installation/modification of air conditioning systems for existing equipment B1.5 Improvements to cooling water systems within existing building, structure

B1.6 Installation/modification of retention tanks, small basins to control runoff, spills B1.7 Acquisition/installation/operation/remova l of communication systems, data processing equipment

B1.8 Modifications to screened water

intake/outflow structures B1.9 Placement of airway safety markings/painting (not lighting) of existing lines, antennas B1.10 Routine onsite storage of activated material at existing facility B1.11 Fencing, no adverse effect on wildlife

movement/surface water flow B1.12 Detonation/burning of failed/damaged high explosives or propellants B1.13 Construction/acquisition/relocation of onsite pathways, short onsite access

roads/railroads B1.14 Refueling of a nuclear reactor B1.15 Siting/construction/operation of support buildings/support structures B1.16 Removal of asbestos from buildings B1.17 Removal of polychlorinated biphenyl-containing items from buildings, other aboveground locations B1.18 Siting/construction/operation of additional/replacement water supply

wells B1.19 Siting/construction/operation of

microwave/radio communication towers B1.20 Protect/restore/improve fish and wildlife

habitat

B1.21 Noise abatement B1.22 Relocation of buildings B1.23 Demolition/disposal of buildings B1.24 Transfer of structures/residential, commercial, industrial use B1.25 Transfer of land/habitat preservation, wildlife management B1.26 Siting/construction/operation/ decommissioning of small water treatment facilities, less than approximately 250,000 gallons per day capacity

B1.27 Disconnection of utilities B1.28 Minor activities to place a facility in an environmentally safe condition, no proposed uses B1.29 Siting/construction/operation/ decommissioning of small onsite disposal facility for construction and demolition

waste
B1.30 Transfer actions B1.31 Relocation/operation of machinery and equipment B1.32 Traffic flow adjustments, existing roads B2 Categorical exclusions applicable to safety and health B2.1 Modifications to enhance workplace habitability B2.2 Installation of/improvements to building/equipment instrumentation (remote controls, emergency warning systems, monitors) B2.3 Installation of equipment for personnel safety and health B2.4 Equipment Qualification Programs B2.5 Safety and environmental improvements of a facility, replacement/upgrade of facility components B2.6 Packaging/transportation/storage of radioactive sources upon request by the Nuclear Regulatory Commission or other cognizant agency B3 Categorical exclusions applicable to site characterization, monitoring, and general

research

B3.1 Site characterization/environmental monitoring

B3.2 Aviation activities for survey/monitoring/security

B3.3 Research related to conservation of fish

and wildlife B3.4 Transport packaging tests for

radioactive/hazardous material17 B3.5 Tank car tests B3.6 Siting/construction/operation/decommissi oning of facilities for bench-scale research, conventional laboratory operations, small-scale research and development and pilot projects B3.7 Siting/construction/operation of new infill exploratory, experimental oil/gas/geothermal wells B3.8 Outdoor ecological/environmental

research in small area B3.9 Certain Clean Coal Technology Demonstration Program activities B3.10 Siting/construction/operation/ decommissioning of particle accelerators, including electron beam accelerators, primary beam energy less than approximately 100 MeV B3.11 Outdoor tests, experiments on materials and equipment components, no source, special nuclear, or byproduct materials

involved B3.12 Siting/construction/operation/ decommissioning of microbiological and

biomedical facilities B3.13 Magnetic fusion experiments, no tritium

fuel use B4 Categorical exclusions applicable to Power Marketing Administrations and to all of DOE with regard to power

resources B4.1 Contracts/marketing plans/policies for excess electric power. B4.2 Export of electric energy. B4.3 Electric power marketing rate changes, within normal operating limits. B4.4 Power marketing services within normal operating limits B4.5 Temporary adjustments to river operations within existing operating

constraints B4.6 Additions/modifications to electric power transmission facilities within previously developed area. B4.7 Adding/burying fiber optic cable B4.8 New electricity transmission agreements for transfer of power B4.9 Multiple use of DOE transmission line rights-of-way B4.10 Deactivation, dismantling and removal of electric powerlines and substations.

B4.11 Construction or modification of electric power substations. B4.12 Construction of electric powerlines approximately 10 miles in length or less, not integrating major new sources.

B4.13 Reconstruction and minor relocation of existing electric powerlines approximately 20 miles in length or less. B5 Categorical exclusions applicable to conservation, fossil, and renewable energy activities B5.1 Actions to conserve energy B5.2 Modifications to oil/gas/geothermal pumps and piping B5.3 Modification (not expansion)/abandonment of oil storage access/brine injection/gas/geothermal wells, not part of site closure B5.4 Repair/replacement of sections of pipeline within maintenance provisions B5.5 Construction/operation of short crude oil/gas/steam/geothermal pipeline
segments B5.6 Oil spill cleanup operations B5.7 Import/export natural gas, no new

construction B5.8 Import/export natural gas, new cogeneration powerplant B5.9 Temporary exemption for any electric powerplant B5.10 Certain permanent exemptions for any existing electric powerplant B5.11 Permanent exemption for mixed natural gas and petroleum B5.12 Workover of existing oil/gas/geothermal

well 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 B6.2 Siting/construction/operation of pilot-scale waste

collection/treatment/stabilization/contain18 ment facilities B6.3 Improvements to environmental control
systems B6.4 Siting/construction/operation/ decommissioning of facility for storing packaged hazardous waste for 90 days or

less B6.5 Siting/construction/operation/ decommissioning of facility for characterizing/sorting packaged waste, overpacking waste B6.6 Modification of facility for storing, packaging, repacking waste (not high-level, spent nuclear fuel) B6.7 Granting/denying petitions for allocation of commercial disposal capacity

B6.8 Modifications for waste

minimization/reuse of materials B6.9 Small-scale temporary measures to reduce migration of contaminated groundwater B6.10 Siting/construction/operation/ decommissioning of small upgraded or replacement waste storage facilities B7 Categorical exclusions applicable to

international activities B7.1 Emergency measures under the International Energy Program B7.2 Import/export of special nuclear or isotopic materials

B. CONDITIONS THAT ARE INTEGRAL

ELEMENTS OF THE CLASSES OF

ACTIONS IN 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: (1) Threaten a violation of applicable statutory, regulatory, or permit requirements for environment, safety, and health, including 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. (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) Adversely affect environmentally sensitive resources. An action may be categorically excluded if, although sensitive resources are present on a site, the action would not adversely affect those resources (e.g., 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 (e.g., sites, buildings, structures, objects) of historic, archeological, or architectural significance designated by Federal, state, or local governments or property eligible for listing on the National Register of Historic Places; (ii) Federally-listed threatened or endangered species or their habitat (including critical habitat), Federally- proposed or candidate species or their habitat, or state-listed endangered or threatened species or their habitat; (iii) Wetlands regulated under the Clean Water Act (33 U.S.C. 1344) and floodplains; (iv) Areas having a special designation such as Federally- and state-designated wilderness areas, national parks, national natural landmarks, wild and scenic rivers, state and Federal wildlife refuges, and marine sanctuaries; (v) Prime agricultural lands; (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 Rate increases for products or services marketed by parts of DOE other than Power Marketing Administrations and approval of rate increases for non-DOE entities that do not exceed the change in the overall price level in the economy19 (inflation), as measured by the Gross National Product (GNP) fixed weight price index published by the Department of Commerce, during the period since the last rate increase. (Also see B4.3.) B1.2 Training exercises and simulations (including, but not limited to, firing-range training, emergency response training, fire fighter and rescue training, and spill cleanup training).

B1.3 Routine maintenance activities and custodial services for buildings, structures, rights-of-way, infrastructures (e.g., pathways, roads, and railroads), vehicles and equipment, and localized vegetation and pest control, during which operations may be suspended and

resumed. 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. Routine maintenance may result in replacement to the extent that replacement is in kind and is not a substantial upgrade or improvement. In kind replacement includes installation of new components to replace outmoded components if 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 of facility equipment, such as lathes, mills, pumps, and presses; (b) Door and window repair or replacement; (c) Wall, ceiling, or floor repair; (d) Reroofing; (e) Plumbing, electrical utility, and telephone service repair; (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; (k) Erosion control and soil stabilization measures (such as reseeding and revegetation); (l) Surveillance and maintenance of surplus facilities in accordance with DOE Order 5820.2, “Radioactive Waste Management”; (m) Repair and maintenance of transmission facilities, including 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); (n) Routine testing and calibration of facility components, subsystems, or portable equipment (including but not limited to, 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), including removal of contaminated intact20 equipment and other materials (other than spent nuclear fuel or special nuclear material in nuclear reactors).

B1.4 Installation or modification of air conditioning systems required for temperature control for operation of existing equipment. B1.5 Minor improvements to cooling water systems within an existing building or structure if the improvements would not: (1) Create new sources of water or involve new receiving waters; (2) adversely 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.

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. B1.7 Acquisition, installation, operation, and removal of communication systems, data processing equipment, and similar electronic equipment.

B1.8 Modifications to screened water intake

and outflow structures such that intake

velocities and volumes and water effluent quality and volumes are consistent with existing permit limits. B1.9 Placement of airway safety markings and painting (but excluding lighting) of existing electrical transmission lines and

antenna structures in accordance with

Federal Aviation Administration

standards. B1.10 Routine, onsite storage at an existing facility of activated equipment and material (including lead) used at that facility, to allow reuse after decay of radioisotopes with short half-lives. B1.11 Installation of fencing, including that for border marking, that will not adversely affect wildlife movements or surface

water flow. B1.12 Detonation or burning of explosives or propellants that failed in outdoor tests (i.e., duds) or were damaged in outdoor tests (e.g., by fracturing) in outdoor areas designated and routinely used for explosive detonation or burning under an existing permit issued by state or local

authorities. B1.13 Construction, acquisition, and relocation of onsite pathways and short onsite

access roads and railroads. B1.14 Refueling of an operating nuclear reactor, during which operations may be suspended and then resumed. B1.15 Siting, construction (or modification), and operation of support buildings and support structures (including, but not limited to, trailers and prefabricated 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 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 security posts); fire protection; and similar support purposes, but excluding facilities for waste storage activities, except as provided in other parts of this appendix. B1.16 Removal of asbestos-containing materials from buildings in accordance with 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 (Respiratory21 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), §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 transformers or 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 Prohibitions). 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,

if there would be no drawdown other than in the immediate vicinity of the pumping well, no resulting long-term decline of the water table, and no degradation of the aquifer from the new or replacement well. B1.19 Siting, construction, and operation of

microwave and radio communication towers and associated facilities, if the

towers and associated facilities would not be in an area of great visual value.

B1.20 Small-scale activities undertaken to protect, restore, or improve fish and wildlife habitat, fish passage facilities (such as fish ladders or minor diversion channels), or fisheries. B1.21 Noise abatement measures, such as construction of noise barriers and

installation of noise control materials. B1.22 Relocation of buildings (including, but not limited to, trailers and prefabricated buildings) to an already developed area (where active utilities and currently used roads are readily accessible). B1.23 Demolition and subsequent disposal of buildings, equipment, and support structures (including, but not limited to, smoke stacks and parking lot surfaces). 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 uses (including, but not limited to, office space, warehouses, equipment storage facilities) where, under reasonably foreseeable uses, there would not be any lessening in quality, or increases in volumes, concentrations, or discharge rates, of wastes, air emissions, or water effluents, and environmental impacts would generally be similar to those before the transfer, 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. B1.25 Transfer, lease, disposition or acquisition

of interests in uncontaminated land for habitat preservation or wildlife management, and only associated buildings that support these purposes.

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. 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 surface22 water treatment facilities whose liquid discharges are externally regulated, and small potable water and sewage treatment

facilities. B1.27 Activities that are required for the disconnection of utility services such as water, steam, telecommunications, and electrical power after it has been determined that the continued operation of these systems is not needed for safety. B1.28 Minor activities that are required to place a facility in an environmentally safe condition where there is no proposed use for the facility. These activities would include, but are not limited to, reducing surface contamination, and removing materials, equipment or waste, such as final defueling of a reactor, where there are adequate existing facilities for the treatment, storage, or disposal of the materials, equipment or waste. These activities would not include conditioning, treatment, or processing of spent nuclear fuel, high-level waste, or special nuclear

materials. B1.29 Siting, construction, operation, and decommissioning of a small (less than approximately 10 acres) onsite disposal facility for construction and demolition

waste which would not release substances at a level, or in a form, that would 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. B1.30 Transfer actions, in which the predominant activity is transportation, and in which 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 operations at the receiving site. Such transfers are not regularly scheduled as part of ongoing routine operations. B1.31 Relocation of machinery and equipment, such as analytical laboratory apparatus, electronic hardware, maintenance equipment, and health and safety equipment, including minor construction necessary for removal and installation,

where uses of the relocated items will be

similar to their former uses and consistent with the general missions of the receiving

structure. 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 adjustments such as widening or realignment are not

included. B2. Categorical Exclusions Applicable to Safety and Health B2.1 Modifications of an existing structure to enhance workplace habitability (including, but not limited to: improvements to lighting, radiation shielding, or heating/ventilating/air conditioning and its instrumentation; and noise reduction). 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, announcement and emergency warning systems, criticality and radiation monitors and alarms, and safeguards and security equipment). 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 emissions would

not increase. B2.4 Development and implementation of Equipment Qualification Programs23 (under DOE Order 5480.6, “Safety of DOE-owned Nuclear Reactors”) to augment information on safety-related system components or to improve systems reliability. B2.5 Safety and environmental improvements of a facility, including 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: Replacement/upgrade of control valves, in-core monitoring devices, facility air filtration systems, or substation transformers or capacitors; addition of structural bracing to meet earthquake standards and/or sustain high wind loading; and replacement of aboveground or belowground tanks and related piping if there is no evidence of leakage, based on testing that meets performance requirements in 40 CFR part 280, subpart D (40 CFR part 280.40).

This includes activities taken under RCRA, subtitle I; 40 CFR part 265, subpart J; 40 CFR part 280, subparts B, C, and D; and other applicable state, Federal and local requirements for underground storage tanks. These actions do not include rebuilding or modifying substantial portions of a facility, such as replacing a reactor vessel. 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 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. B3. Categorical Exclusions Applicable to Site Characterization, Monitoring, and

General Research

B3.1 Onsite and offsite site characterization and environmental monitoring, including siting, construction (or modification), operation, and dismantlement or 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. Activities covered include, but are not limited to,

site characterization and environmental monitoring under CERCLA and RCRA. Specific activities include, but are not

limited to: (a) Geological, geophysical (such as gravity, magnetic, electrical, seismic, and radar), geochemical, and engineering surveys and mapping, including the establishment of survey marks; (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;24 (d) Aquifer response testing; (e) Installation and operation of ambient air monitoring equipment; (f) Sampling and characterization of water, soil, rock, or contaminants; (g) Sampling and characterization of water effluents, air emissions, or solid

waste streams; (h) Installation and operation of meteorological towers and associated activities, including assessment of potential wind energy resources; (i) Sampling of flora or fauna; and (j) Archeological, historic, and cultural resource identification in compliance with 36 CFR part 800 and 43 CFR part 7. B3.2 Aviation activities for survey, monitoring, or security purposes that comply with Federal Aviation Administration regulations. B3.3 Field and laboratory research, inventory,

and information collection activities that are directly related to the conservation of

fish or wildlife resources and that involve only negligible habitat destruction or population reduction. B3.4 Drop, puncture, water-immersion, thermal, and fire tests of transport packaging for radioactive or hazardous materials to certify that designs meet the requirements of 49 CFR §§173.411 and 173.412 and requirements of severe accident conditions as specified in 10 CFR §71.73. B3.5 Tank car tests under 49 CFR part 179 (including, but not limited to, tests of safety relief devices, pressure regulators, and thermal protection systems). B3.6 Siting, construction (or modification), operation, and decommissioning of

facilities for indoor bench-scale research projects and conventional laboratory operations (for example, preparation of chemical standards and sample analysis); small-scale research and development projects; and small-scale pilot projects (generally less than two years) conducted to verify a concept before demonstration actions. Construction (or modification) will be within or contiguous to an already developed area (where active utilities and currently used roads are readily accessible). See also C12. 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

wells. B3.8 Outdoor ecological and other environmental research (including siting, construction, and operation of a small-scale laboratory building or renovation of a room in an existing building for sample analysis) in a small area (generally less than five acres) that would not result in any permanent change to the ecosystem. B3.9 Demonstration actions proposed under the Clean Coal Technology Demonstration Program, if the actions would not increase the quantity or rate of

air emissions. These demonstration actions include, but are not limited to: (a) Test treatment of 20 percent or less of the throughput product (solid, liquid, or gas) generated at an existing and fully operational coal 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 coal combustion or coal utilization facility for which the existing use remains 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 being burned or used and involves no permanent change in the capacity factor

of the coal combustion or coal utilization facility, other than for demonstration25 purposes of two years or less in duration. B3.10 Siting, construction, operation, and decommissioning of a particle accelerator, including electron beam accelerator with primary beam energy less than approximately 100 MeV, and associated beamlines, storage rings, colliders, and detectors for research and medical purposes, within or contiguous to an already 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. 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 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, water-immersion, or thermal tests. 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: Biosafety in Microbiological and Biomedical Laboratories, 3rd Edition, May 1993, U.S. Department of Health

and Human Services Public Health Service, Centers of 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 already 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, with existing facilities (including necessary modifications). B4. Categorical Exclusions Applicable to Power Marketing Administrations and to All of DOE with Regard to Power

Resources B4.1 Establishment and implementation of contracts, marketing plans, 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. B4.2 Export of electric energy as provided by Section 202(e) of the Federal Power Act over existing transmission systems or using transmission system changes that are themselves categorically excluded. B4.3 Rate changes for electric power, power transmission, and other products or services provided by a Power Marketing

Administration that are based on a change in revenue requirements if the operations of generation projects would remain within normal operating limits. B4.4 Power marketing services, including storage, load shaping, seasonal exchanges, or other similar activities if the operations of generating projects would remain within normal operating

limits. B4.5 Temporary adjustments to river operations to accommodate day-to-day26 river fluctuations, power demand changes, fish and wildlife conservation program requirements, and other external events if the adjustments would occur within the existing operating constraints of the particular hydrosystem operation.

B4.6 Additions or modifications to electric power transmission facilities that would not affect the environment beyond the previously developed facility area including, but not limited to, switchyard rock grounding upgrades, secondary containment projects, paving projects, seismic upgrading, tower modifications, changing insulators, and replacement of poles, circuit breakers, conductors, transformers, and crossarms. B4.7 Adding fiber optic cable to transmission structures or burying fiber optic cable in existing transmission line rights-of-way. 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, if no new generation projects would be involved and no physical changes in the transmission system would be made beyond the previously developed facility

area. B4.9 Grant or denial of requests for multiple use of a transmission facility rights-of-way, such as grazing permits and crossing agreements, including electric lines, water lines, and drainage

culverts. B4.10 Deactivation, dismantling, and removal of electric powerlines, substations, switching stations, and other transmission facilities, and right-of-way abandonment. B4.11 Construction of electric power substations (including switching stations and support facilities) with 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. B4.12 Construction of electric powerlines approximately 10 miles in length or less that are not for the integration of major new generation resources into a main transmission system. B4.13 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 property development, accommodate road/highway construction, allow for the

construction of facilities such as canals and pipelines, or reduce existing impacts to environmentally sensitive areas. B5. Categorical Exclusions Applicable to Conservation, Fossil, and Renewable Energy Activities B5.1 Actions to conserve energy, demonstrate potential energy conservation, and promote energy-efficiency that do not

increase the indoor concentrations of potentially harmful substances. These actions may involve financial and technical assistance to individuals (such as builders, owners, consultants, designers), organizations (such as utilities), and state and local governments. Covered actions include, but are not limited to: programmed lowering of thermostat settings, placement of timers on hot water heaters, installation of solar hot water systems, installation of efficient lighting, improvements in generator efficiency and appliance efficiency ratings, development of energy-efficient manufacturing or industrial practices,

and small-scale conservation and27 renewable energy research and development and pilot projects. The actions could involve building

renovations or new structures in commercial, residential, agricultural, or

industrial sectors. These actions do not include rulemakings, standard-settings, or proposed DOE legislation. B5.2 Modifications to oil, gas, and geothermal facility pump and piping configurations, manifolds, metering systems, and other instrumentation that would not change design process flow rates or affect permitted air emissions. B5.3 Modification (but not expansion) or abandonment (including plugging), which is not part of site closure, of crude oil storage access wells, brine injection wells, geothermal wells, and gas wells. B5.4 Repair or replacement of sections of a crude oil, produced water, brine, or geothermal pipeline, if the actions are determined by the Army Corps of Engineers to be within the maintenance provisions of a DOE permit under

section 404 of the Clean Water Act. B5.5 Construction and subsequent operation of short crude oil, steam, geothermal, or natural gas pipeline segments between DOE facilities and existing transportation, storage, or refining facilities within a single industrial complex, if the pipeline segments are within existing rights-of-way.

B5.6 Removal of oil and contaminated materials recovered in oil spill cleanup operations in accordance with the

National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and disposed of in accordance with local contingency plans in accordance with

the NCP. B5.7 Approval of new authorization or amendment of existing authorization to import/export natural gas under section

3 of the Natural Gas Act that does not involve new construction and only requires operational changes, such as an increase in natural gas throughput, change in transportation, or change in storage operations. B5.8 Approval of new authorization or amendment of existing authorization to import/export natural gas under section 3 of the Natural Gas Act involving a new cogeneration powerplant (as defined in the Powerplant and Industrial Fuel Use Act) within or adjacent to an existing industrial complex and requiring less than 10 miles of new gas pipeline. B5.9 The grant or denial of any temporary exemption under the Powerplant and Industrial Fuel Use Act of 1978 for any electric powerplant. B5.10 The grant or denial of any permanent exemption under the Powerplant and Industrial Fuel Use Act of 1978 of any existing electric powerplant other than an exemption under (1) section 312(c) relating to cogeneration, (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. B5.11 The grant or denial of a permanent exemption from the prohibitions of Title II of the Powerplant and Industrial Fuel Use Act of 1978 for any new electric powerplant to permit the use of certain fuel mixtures containing natural gas or petroleum. B5.12 Workover (operations to restore production, such as deepening, plugging back, pulling and resetting lines, and squeeze cementing) of an existing oil, gas, or geothermal well to restore production when workover operations will be restricted to the existing wellpad and not involve any new site preparation or earth work that would adversely affect adjacent habitat.28 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 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., incineration), 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 example, drums, barrels) that contain or may contain hazardous substances, pollutants, contaminants, CERCLA-excluded petroleum or natural gas products, or hazardous wastes (designated in 40 CFR part 261 or applicable state requirements), if such

actions would reduce the likelihood of spillage, leakage, fire, explosion, or exposure to humans, animals, or the food chain; (c) Removal of an underground storage tank including its associated piping and underlying containment systems in compliance with 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 affect 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, 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, 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 to remove methane or petroleum vapors without any toxic or radioactive co-contaminants if appropriate filtration or gas treatment29 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 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 the action: (1) Supports remedial investigations/feasibility studies under CERCLA, or similar studies under RCRA, such as RCRA facility investigations/corrective measure studies, or other authorities, and (2) would not unduly limit the choice of reasonable remedial alternatives (by permanently altering substantial site area or by committing large amounts of funds relative to the scope of the remedial alternatives). B6.3 Improvements to environmental monitoring and control systems of an existing building or structure (for example, changes to scrubbers in air quality control systems or ion-exchange devices and other filtration processes in water treatment systems) if 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 natural gas products that are collected or released in increased quantity or that were not previously collected or

released. 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., accumulation or satellite areas). 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, if operations do not involve unpacking waste. These actions do not include waste storage (covered under B6.4, B6.6, B6.10, and C16) or the handling of spent nuclear fuel. B6.6 Modification (excluding increases in capacity) of an existing structure used for storing, packaging, or repacking waste other than high-level radioactive waste or spent nuclear fuel, to handle the same class of waste as currently handled

at that structure.

B6.7 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. B6.8 Minor operational changes at an existing facility to minimize waste generation

and for reuse of materials. These changes include, but are not limited to, adding filtration and recycle piping to allow reuse of machining oil, setting up a sorting area to improve process30 efficiency, and segregating two waste streams previously mingled and assigning new identification codes to the two resulting wastes. B6.9 Small-scale temporary measures to reduce migration of contaminated groundwater, including the siting, construction, operation, and decommissioning of necessary facilities. These measures include, but are not limited to, pumping, treating, storing, and reinjecting water, by mobile units or

facilities that are built and then removed

at the end of the action. B6.10 Siting, construction (or modification), 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 already 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, and C16. B7. Categorical Exclusions Applicable to

International Activities B7.1 Planning and implementation of emergency measures pursuant to the International Energy Program. B7.2 Approval of import or export of small quantities of special nuclear materials or isotopic materials in accordance with the

Nuclear Non-Proliferation Act of 1978

and the “Procedures Established

Pursuant to the Nuclear Non Proliferation Act of 1978" (43 FR 25326, June 9, 1978). [57 FR 15144, Apr. 24, 1992, as amended at 61 FR 36239-36242, July 9, 1996; 61 FR 64608, Dec. 6, 1996]31 Appendix C to Subpart D to Part 1021 -- Classes of Actions that Normally Require EAs But Not Necessarily EISs

Table of Contents

C1. [Reserved] C2. Rate increases more than inflation, not power marketing C3. Electric power marketing rate changes, not within normal operating limits. C4. Reconstructing and constructing electric powerlines. C5. Implementation of Power Marketing Administration systemwide vegetation
management program C6. Implementation of Power Marketing Administration systemwide erosion control program C7. Allocation of electric power, no major new generation resource/major changes in operation of generation resources/major

new loads.

C8. Protection of fish and wildlife habitat C9. Field demonstration projects for wetlands C10. [Reserved] C11. Siting/construction/operation/ decommissioning of low- or medium-energy particle acceleration facility with primary beam energy greater than approximately 100 MeV C12. Siting/construction/operation of energy
system prototypes C13. Import/export natural gas, minor new construction (other than a cogeneration powerplant) C14. Siting/construction/operation of water treatment facilities greater than approximately 250,000 gallons per day capacity C15. Siting/construction/operation of research and development

incinerators/nonhazardous waste

incinerators C16. Siting/construction/operation/ decommissioning of large waste storage

facilities C1 [Reserved] 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. C3 Rate changes for electric power, power transmission, and other products or services provided by Power Marketing Administrations that are based on changes in revenue requirements if the operations of generation projects would not remain within normal operating limits. C4 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. C5 Implementation of a Power Marketing Administration system-wide vegetation
management program. C6 Implementation of a Power Marketing Administration system-wide erosion control program. C7 Establishment and implementation of contracts, policies, marketing plans, or allocation plans for the allocation of electric power that do not involve (1) the addition of new generation resources greater than 50 average megawatts, (2) major changes in the operating limits of generation resources greater than 50 average megawatts, or (3) service to discrete new loads of 10 average megawatts or more over a 12 month period. This applies to power marketing operations and to siting, construction, and operation of power generating facilities at

DOE sites. C8 Protection, restoration, or improvement of fish and wildlife habitat, fish passage facilities, and fish hatcheries if the proposed action may adversely affect an32 environmentally sensitive resource. C9 Field demonstration projects for wetlands mitigation, creation, and restoration. C10 [Reserved] C11 Siting, construction (or modification),operation, and decommissioning of a lowor medium-energy (but greater than approximately 100 MeV primary beam energy) particle acceleration facility, including electron beam acceleration facilities, and associated beamlines, storage rings, colliders, and detectors for research and medical purposes, within or contiguous to an already developed area (where active utilities and currently used roads are readily accessible). C12 Siting, construction, and operation of energy system prototypes including, but not limited to, wind resource, hydropower, geothermal, fossil fuel, biomass, and solar energy pilot projects. C13 Approval or disapproval of an application to import/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 converting an existing oil pipeline to a natural gas pipeline using the same right-of-way. C14 Siting, construction (or expansion), operation, and decommissioning of wastewater, surface water, potable water, and sewage treatment facilities with a total capacity greater than approximately 250,000 gallons per day, and of lower capacity wastewater and surface water treatment facilities whose liquid discharges are not subject to external regulation. C15 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)). C16 Siting, construction (or modification to increase capacity), operation, and decommissioning of packaging and unpacking facilities (that may include 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. [57 FR 15144, Apr. 24, 1992, as amended at 61 FR 36242, July 9, 1996; 61 FR 64608, Dec. 6, 1996]33 Appendix D to Subpart D of Part 1021 -- Classes of Actions That Normally Require EISs

Table of Contents

D1. Strategic Systems D2. Siting/construction/operation/ decommissioning of nuclear fuel reprocessing facilities D3. Siting/construction/operation/ decommissioning of uranium enrichment

facilities D4. Siting/construction/operation/ decommissioning of reactors D5. Main transmission system additions D6. Integrating transmission facilities D7. Allocation of electric power, major new generation resources/major changes in operation of generation resources/major

loads. D8. Import/export of natural gas, involving major new facilities D9. Import/export of natural gas, involving significant operational change D10. Siting/construction/operation/ decommissioning of major treatment, storage, and disposal facilities for high-level waste and spent nuclear fuel D11. Siting/construction/expansion of waste disposal facility for transuranic waste D12. Siting/construction/operation of incinerators (other than research and development, other than nonhazardous solid waste) D1 Strategic Systems, as defined in DOE Order 430.1, “Life-Cycle Asset Management,” and designated by the Secretary. D2 Siting, construction, operation, and decommissioning of nuclear fuel reprocessing facilities. D3 Siting, construction, operation, and decommissioning of uranium enrichment

facilities. D4 Siting, construction, operation, and decommissioning of power reactors, nuclear material production reactors, and

test and research reactors. D5 Main transmission system additions (that is, additions of new transmission lines) to a Power Marketing Administration's main transmission grid. D6 Integrating transmission facilities (that is, transmission system additions for integrating major new sources of generation into a Power Marketing Administration's main grid). D7 Establishment and implementation of contracts, policies, marketing plans or allocation plans for the allocation of electric power that involve (1) the addition of new generation resources greater than 50 average megawatts, (2) major changes in the operating limits of generation resources greater than 50 average megawatts, or (3) service to discrete new loads of 10 average megawatts or more over a 12 month period. This applies to power marketing operations and to siting construction, and operation of power generating facilities at

DOE sites. D8 Approval or disapproval of an application to import/export natural gas under section 3 of the Natural Gas Act involving major new natural gas pipeline construction or related facilities, such as construction of new liquid natural gas (LNG) terminals, regasification or storage facilities, or a significant expansion of an existing pipeline or related facility or LNG terminal, regasification, or storage facility. D9 Approval or disapproval of an application to import/export natural gas under section 3 of the Natural Gas Act involving a significant operational change, such as a major increase in the quantity of liquid natural gas imported or exported. 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 not result in increased34 storage capacity. D11 Siting, construction (or expansion), and operation of a disposal facility for transuranic (TRU) waste and TRU mixed waste (TRU waste also containing hazardous waste as designated in 40 CFR part 261). 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)). [57 FR 15144, Apr. 24, 1992, as amended at 61 FR 36243, July 9, 1996; 61 FR 64608, Dec. 6, 1996]