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

## Department of Energy Technical Support Document National Environmental Policy Act Implementing Procedures Supplement to Notice of Proposed Rulemaking Proposed Changes and Supplemental Supporting Basis
December 1 7 , 2010

T his Technical Support Document s u pplements the Department of Energy ’s (DOE’s) Notice of Proposed Rulemaking.

In t his Technical Support D ocument, the Department of Energy presents each of the proposed changes to its NEPA implementing regulations (10 CFR part 1021

, Subparts C and D ) and p rovides information that supplements the Preamble discussion of the supporting basis for each proposed change

. I f a provision of DOE’s NEPA implement i ng regulations is not included in the table , DOE does not propose to change it. The left column of the tab le below shows the proposed changes in tracked changes format , and the right column provides the supplemental supporting basis.

For many classes of actions, the supporting basis provides links to referenced documents. For assistance in accessing referen ce d documents, send an email to askNEPA@hq.doe.gov with “TSD” in the subject line, or see the Federal Register notice, at “For Further Information Contact.”Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 2 Proposed Change to 10 CFR part 1021 Supplemental Supporting Basis

Subpart C

– Implementing Procedures

§ 1021.311 Notice of intent and scoping.

(d) Except as provided in paragraph ( g f ) of this section, DOE shall hold at least one public scoping meeting as part of the public scoping process for a DOE EIS. DOE shal l announce the location, date, and time of public scoping meetings in the NOI or by other appropriate means, such as additional notices in the FEDERAL REGISTER, news releases to the local media, or letters to affected parties. Public scoping meetings shall not be held until at least 15 days after public notification. Should DOE change the location, date, or time of a public scoping meeting, or schedule additional public scoping meetings, DOE shall publicize these changes in the FEDERAL REGISTER or in
other ways as appropriate. (f) A public scoping process is optional for DOE supplemental EISs (40 CFR 1502.9(c)(4)). If DOE initiates a public scoping process for a supplemental EIS, the provisions of paragraphs (a) through ( f

e ) of this section shall apply. Disc ussion of the proposed changes is provided in Section IV.A of the Preamble.

§ 1021.322 Findings of no significant impact.

(f) DOE may revise a FONSI at any time, so long as the revision is supported by an existing EA. A revised FONSI is subject to all

pr ovisions of paragraph (d) of this section. Discussion of the proposed changes is provided in Section IV.A of the Preamble.

§ 1021.331 Mitigation action plans.

(b) In certain circumstances, as specified in § 1021.322(b)( 2 1 ), DOE shall also prepare a Mitig ation Action Plan for commitments to mitigations that are essential to render the impacts of the proposed action not significant. Discussion of the proposed changes is provided in Section IV.A of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 3 Subpart D

– Typical Classes of Actions

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

(a) The actions listed in appendices A and B to this subpart D are classes of actions that DOE has determined do not individually or cumulatively have a significant effect on the human environment (categorical exclusions).

(b) To find that a proposal is categorically excluded, DOE shall determine the following: (1) The proposal fits within a class of actions that is listed in appendix A or B to this su bpart 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 includin g, but not limited to, scientific controversy about the environmental effects of the proposal; uncertain effects or effects involving unique or unknown risks; or and unresolved conflicts concerning alternat iv e uses of available resources within the meaning of section 102(2)(E) of NEPA ; and

(3) The proposal has not been segmented to meet the definition of a categorical exclusion. Segmentation can occur when a proposal is broken down into small parts in order to avoid the appearance of significance of the to tal action. The scope of a proposal must include the consideration of connected and cumulative actions, that is, t T he proposal is not

“ connected ” to other actions with potentially significant impacts (40 CFR 1508.25(a)(1)) to other actions with potentially significant impacts , is not related to other proposed actions with individually insignificant but cumulatively significant impacts (40 CFR
1508. 25 27 ( a b )( 2 7 )), and is not precluded by 40 CFR 1506.1 or § 1021.211 of this part concerning limitations on actio ns during EIS preparation

. Discussion of the proposed changes is provided in Section IV.C o f the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 4 (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 limit ing. (d) A class of actions includes activities foreseeably necessary to proposals encompassed within the class of actions (such as award of implementing grants and contracts, site preparation, purchase and installation of equipment, and associated transpo rtation activities and award of implementing grants and

contracts ). (e) Categorical exclusion determinations for actions listed in appendix B shall be documented and made available to the public by posting online, generally within two weeks of the
determin ation, unless additional time is needed in order to review and protect classified information, “confidential business information,” or other information that DOE would not disclose pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. 552). Posted ca tegorical exclusion determinations shall not disclose classified information, “confidential business information,” or other information that DOE would not disclose pursuant to FOIA. (See also 10 CFR 1021.340.)

Appendix A

A1 Routine actions necessary to support the normal conduct of

agency DOE business , such as limited to administrative,
financial , and personnel actions. Discussion of the proposed changes is provided in Section IV.D of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A3 Adjustments, exceptions, exemptions, appeals

, and stays,
modifica tions, or rescissions of orders issued by the Office of Hearings and Appeals. Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A6 Rulemakings that are strictly procedural, such as including, but not limited to, rulemaking (u nder 48 CFR part chapter 9) establishing procedures for technical and pricing proposals and establishing contract clauses and contracting practices for the purchase of goods and services, and rulemaking (under 10 CFR part 600) establishing application and review procedures for, and administration, audit, and closeout of, grants and cooperative agreements. Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 5 A7 Transfer, lease, disposition, or acquisition of interests in personal property (e.g., equipment and materials) or real property (e.g., permanent structures and land), if property use is to remain unchanged; i.e., the type and magnitude of impacts would remain essentially the same.

A7 [Reserved] Discussion of the proposed ch anges is provided in Section IV.D of the Preamble.

A9 Information gathering (including, but not limited to, literature surveys, inventories, site visits, and audits), data analysis (including , but not limited to, computer model l ing), document preparatio n ( such as including, but not limited to, conceptual design or , feasibility studies, and analytical energy supply and demand studies), and information dissemination (including, but not limited to, document mailings, publication

, and distribution ; , and clas sroom training and informational programs), but not including site characterization or environmental monitoring. ( Also see See also B3.1 of appendix B to this subpart .) Discussion of the proposed changes is provided in Section IV.D of the Preamble.

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

A10 Reports or and recommendations on legislation or rulemaking
that is are not proposed by DOE. Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A12 Emergency preparedness planning activities, including , but not limited to, the designation of onsite evacuation routes. Recurring proposals for subpart D are described in Section IV.B of the Preamble.

A13 Administrative, organizational, or procedural Poli cies, Orders, Notices, Manuals and g G uide line s. Discussion of the proposed changes is provided in Section IV.D of the Preamble.

A14 Approval of technical exchange arrangements for information, data, or personnel with other countries or international

organ izations

, ( including, but not limited to, assistance in identifying and analyzing another country's energy resources, needs and options

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

Appendix B

B. The classes of actio ns listed below include the following conditions as integral elements of the classes of actions. To fit within the classes of actions listed below, a proposal must be one
that would not: Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 6 (1) Threaten a violation of applicable statutory, regulatory, or

per mit requirements for environment, safety, and health, including or similar requirements of DOE and/ or Executive
Orders

. ;
(2) Require siting and construction or major expansion of waste storage, disposal, recovery, or treatment facilities (including
inciner ators), but the proposal may include categorically excluded waste storage, disposal, recovery, or treatment
actions or facilities

. ;
(3) Disturb hazardous substances, pollutants, contaminants, or
CERCLA

- excluded petroleum and natural gas products that

preex ist in the environment such that there would be uncontrolled or unpermitted releases; or

(4) Have the potential to cause significant impacts on Adversely
affect environmentally sensitive resources. An environmentally sensitive resource is typically a resou rce that has been identified as needing protection through Executive Order, statute, or regulation by Federal, state, or local government, or a Federally recognized Indian tribe. An action may be categorically excluded if, although sensitive

resources are present on a site , the action would not have the potential to cause significant impacts on adversely affect those resources ( e.g., such as construction of a building with
its foundation well above a sole

- source aquifer or upland
surface soil removal on a sit e that has wetlands). Environmentally sensitive resources include, but are not
limited to:

(i) Property ( such as e.g., sites, buildings, structures, and objects) of historic, archeological, or architectural significance designated by Federal, state, or loc al governments , or a Federally recognized Indian tribe, or property determined to be eligible for listing on the National Register of Historic Places;

(ii) Federally

- listed threatened or endangered species or their habitat (including critical habitat)

, or Federally

- proposed or candidate species or their habitatTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 7 (Endangered Species Act)

, ; or state

- listed endangered or threatened species or their habitat ; and Federally

protected marine mammals and Essential Fish Habitat (Marine Mammals Protection Act; Magnuso n

- Stevens Fishery Conservation and Management Act) ;
(iii) Floodplains and wetlands Wetlands regulated under the Clean Water Act (33 U.S.C. 1344) and floodplains ; (as defined in 10 CFR 1022.4, “Compliance with Floodplain and Wetland Environmental Review Requ irements: Definitions,” or its successor);

(iv) Areas having a special designation such as Federally

and state

- designated wilderness areas, national parks, national monuments, national natural landmarks, wild and scenic rivers, state and Federal wildlife refuges, scenic areas (such as National Scenic and Historic Trails or National Scenic Areas), and marine sanctuaries;

(v) Prime agricultural lands;

(v) Prime or unique farmland, or other farmland of statewide or local importance, as defined at 7 CFR 658.2( a), “Farmland Protection Policy Act: Definitions,” or its successor;

(vi) Special sources of water (such as sole

- source aquifers, wellhead protection areas, and other water sources that are vital in a region); and

(vii) Tundra, coral reefs, or rain forests

.

B1 Categorical Exclusions Applicable to Facility Operation

B1.1 Changing Rate increases rates for services or prices for products
or services marketed by parts of DOE other than Power Marketing Administrations

, and approval of rate or price
increases changes for non

- DOE entities

, that do not exceed are consistent with the change in the overa ll price level in the economy (inflation) implicit price deflator for , as measured by
the Gross National Domestic Product (GNP) fixed weight price Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.
DOE proposes to cite a standard index of inflation in the national economy, the implicit price deflator for Gross Domestic Product. The index can be found on Table
1.1.9 at www.bea.gov/national/nipaweb/SelectTable.asp , and a glossary of terms is
available at http://www.bea.gov/glossary/glossary.cfm

.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 8 index published by the Department of Commerce, during the period since the last rate or price increase change

. (Also see B4.3.)

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

- range training, small

- scale and short

- duration force

- on

force exercises, emergency res ponse training, fire fighter and rescue training, and decontamination and spill cleanup training ). ) conducted under appropriately controlled conditions and in accordance with applicable requirements. Discussion of the proposed changes is provided in Sectio n IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Examples of DOE NEPA documents for such projects:

**•** DOE/EIS

- 0243

- SA

- 02 : Nevada Test Site and Off

- Site Locations in the State of
Nevada to Address the In crease in Activities Associated with the National Center for Combating Terrorism & Counterterrorism Training & Related
Activities (2003)

. In 2003, NNSA prepared a Supplement Analysis entitled Supplement Analysis for the Final Environmental Impact Statement for the
Nevada Test Site and Off

- Site Locations in the State of Nevada to Address the Increase in Activities Associated with the National Center for Combating Terrorism & Counterterrorism Training & Related Activities (DOE

- EIS

- 0243

- SA

- 02) to determine whe ther an anticipated increase in national security projects after the terrorist attacks of September 11 , 2001 , required further NEPA analysis. This analysis covered military training/exercises, and testing, evaluation, and development of technology for mult iple Federal government agencies.
A copy of this document is available upon request via askNEPA@hq.doe.gov

.

**•** DOE/EA

- 1776 : Idaho National Laboratory Radiologi cal Response Training Range

, FONSI (October 2010)

. This EA analyzed the potential environmental impacts of creating and operating a facility at the Idaho National Laboratory at which emergenc y response training activities would be conducted to support the development of an effective response capability for major radiological incidents. Analyzed operations include d the conduct of training exercises involving up to 75 people in a range of scena rios in which short

- lived radioactive materials would be released. Participants would be trained in activities such as contamination control, site characterization, and field sample collection. The analysis showed that, under appropriately controlled

con ditions, such training activities do not have the potential to result in significant environmental impacts.
The Environmental Protection Agency’s (EPA’s) Radiological Emergency Response Team (RERT) has participated in exercises simulating radiological emer gencies involving nuclear power plants and Department of Energy weapons and waste storage facilities, and military sites. As described on EPA’s website , these response exercisesTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 9 included more t han a dozen realistic “full field” simulations that were conducted in a field environment over several days with the participation of RERT and other state, local, and Federal agencies; DOE hosted or participated in several of these, including the Digit Pac e II exercise described below. EPA and DOE experience with these exercises shows that such actions can be conducted safely in an environmental sound manner, and that these actions normally would not have the potential to result in sig nificant environmenta l impacts.

**•** Exercise Digit Pace EA, FONSI (April 1997) This EA analyzed response activities related to a simulated accident involving one or more mock

- ups of a nuclear weapon during transport to Kirtland Air Force Base (KAFB), Albuquerque, New Mexico. Part icipants included RERT, the Department of Defense (DoD), the Federal Emergency Management Agency (FEMA), and state and local governments. Activities included emergency response to a truck fire, spill prevention and response, communication coordination betw een agencies, and evacuation of “residents.” The analysis and actual experience showed that, under appropriately controlled conditions, such training activities do not have the potential to result in significant environmental impacts.
A copy of this doc ument is available upon request via askNEPA@hq.doe.gov

.

B1.3 Routine maintenance activities and custodial services for buildings, structures, rights

- of

- way, infrastructures ( e.g., including, but not limited to, pathw ays, roads, and railroads), vehicles and equipment, and localized vegetation and pest control, during which operations may be suspended and
resumed

. , provided that the activities would be conducted in a

manner in accordance with applicable requirements. Cu stodial services are activities to preserve facility appearance, working conditions, and sanitation

, ( such as cleaning, window washing, lawn mowing, trash collection, painting, and snow removal

. ). Routine maintenance activities, corrective (that is, repair ), preventive, and predictive, are required to maintain and preserve buildings, structures, infrastructures, and equipment in a condition suitable for a facility to be used for its designated

purpose. Such maintenance may occur as a result of severe
weathe r (such as hurricanes, floods, and tornados), wildfires, and
other such events. Routine maintenance may result in replacement to the extent that replacement is in in

- kind and is not a substantial upgrade or improvement. In In

- kind replacement includes inst allation of new components to replace Discussion of the proposed changes is provided i n Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 10 outmoded components

, if provided that the replacement does not result in a significant change in the expected useful life, design capacity, or function of the facility. Routine maintenance does not include replacement o f 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 lim ited to:

(a) Repair or replacement of facility equipment, such as lathes, mills, pumps, and presses; (b) Door and window repair or replacement; (c) Wall, ceiling, or floor repair or replacement ; (d) Reroofing; (e) Plumbing, electrical utility, lighting, an d telephone service repair or replacement ; (f) Routine replacement of high

- efficiency particulate air filters; (g) Inspection and/or treatment of currently installed utility poles; (h) Repair of road embankments; (i) Repair or replacement of fire protectio n sprinkler systems; (j) Road and parking area resurfacing, including construction of temporary access to facilitate resurfacing , and scraping and grading of unpaved surfaces ; (k) Erosion control and soil stabilization measures (such as reseeding and reveg etation); (l) Surveillance and maintenance of surplus facilities in
accordance with DOE Order 5820.2 435.1 , “Radioactive Waste Management

, ” or its successor ; (m) Repair and maintenance of transmission facilities, including
such as replacement of conductors of the same nominal voltage, poles, circuit breakers, transformers, capacitors, crossarms, insulators, and downed transmission lines, in accordance, where appropriate, with 40 CFR part 761 (Polychlorinated Biphenyls Manufacturing, Processing,
Distribution in Commerce, and Use Prohibitions) ; or its

successor; (n) Routine testing and calibration of facility components, subsystems, or portable equipment ( including but not limitedTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 11 to, such as control valves, in

- core monitoring devices, transformers, capacitors, monitoring wells, lysimeters, weather stations, and flumes); and (o) Routine decontamination of the surfaces of equipment, rooms, hot cells, or other interior surfaces of buildings (by such activities as wiping with rags, using strippable latex,
and minor vacuuming), including and removal of contaminated intact equipment and other material s ( other
than not including spent nuclear fuel or special nuclear material in nuclear reactors)

. ; and (p) Removal of debris.

B1.5 Minor improvements to existing steam plants and cooling water systems (including, but not limited to, modifications of existing cooling towers and ponds), within an existing building or
structure if provided that the improvements would not: (1)
C c reate new sources of water or involve new receiving waters; (2) have the potential to cause significant impacts on

water adversely affect water wit hdrawals or the temperature of discharged water; or (3) increase introductions of

, or involve
new introductions of

, hazardous substances, pollutants, contaminants, or CERCLA

- excluded petroleum and natural gas products. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.6 Installation or modification of retention tanks or small (normally under one acre) basins and associated piping and pumps for existing operations to control runoff or spills (such as under 40 CFR part 112). Modifications include, but are not limited to, installing liners or covers. (See also B1.33 of this appendix.) Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.7 Acquisition, installation, operation, modification, and removal of electricity transmission control and monitoring devices for grid demand and response, communication systems, data processing equipment, and similar electronic equipm ent. Discussion of the proposed changes is provided in Section IV.E of the Preamble.

B1.9 Placement of airway safety markings on and

, painting of, and repair and in

- kind replacement of (but excluding lighting ) of on existing electrical transmission lines and antenna structures

, wind turbines, and similar structures in accordance with applicable requirements (such as Federal Aviation Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring propo sals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 12 Administration standards

. ).

B1.10 Routine, onsite storage at an existing facility of activated equipment and material (including , but not limited to, lead) used at that facility, to allow reuse after decay of radioiso topes with
short half

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

B1.11 Installation of fencing, including , but not limited to that for border marking, that would not have the potential to cause significant impa cts on will not adversely affect wildlife

movements populations or migration or surface water flow. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamb le.

B1.12 Detonation Outdoor detonation or burning of explosives or propellants that failed in outdoor tests ( i.e., duds) or , were damaged in outdoor tests ( e.g., such as by fracturing) , or were otherwise not consumed in testing. in o O utdoor detonation or burning would be in areas designated and routinely used for explosive detonation or burning those purposes under an existing applicable permit s issued by Federal, state

, or and local
authorities (such as a permit for a RCRA miscellaneous unit (40 CFR part 2 64, subpart X))

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

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

- of onsite pathways

- way conditions and approved land use or transportation improvement plans, of pedestrian walkways and trails, bicycle paths, small outdoor fitness areas, and short onsite access roads and railroads. rail lines (such as branch and sp ur lines). Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.
This categorical exclusion is consistent categorical exclusions for constructing, acquiring, and relocation of such projects used by the following Federal agencies : Department of Homeland Security (DHS) , Bureau of Indian Affairs, and Federal Highway and Transit Administrations.

DHS categorical exclusion (71 FR 16790; April 4, 2006 ; E7 ):
Construction of physical fitness and training trails for non

- motorized use on Department facilities in areas that are not environmentally sensitive, where run

- off, erosion, and sedimentation are mitigated through implementation of best management practic es. This [ categorical exclusion ] would encompass property management activities primarily at properties within the U.S. Coast Guard, Science and Technology Directorate, and the Federal Law Enforcement Training Centers.
Bureau of Indian Affairs categorical exclusion (Department of the Interior Departmental Manual (DOI DM) 516 Chapter 10, Section 10.5, L(2)):
Construction of bicycle and pedestrian lanes and paths adjacent to existingTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 13 highways and within the existing rights

- of

- way. Federal Highway and Federal Transit Administrations categorical exclusion (23 CFR 771.117(c)(3)):
Construction of bicycle and pedestrian lanes, paths, and facilities.

B1.14 Refueling of an operating nuclear reactor s , during which operations may be suspended and then resumed. Recur ring proposals for subpart D are described in Section IV.B of the Preamble.

B1.15 Siting, construction ( or modification ) , and operation of support buildings and support structures (including, but not limited to, trailers and prefabricated and modular buil dings) within or contiguous to an already developed area (where active utilities and currently used roads are readily accessible). Covered support buildings and structures include , but are not limited to, those for office purposes; parking; cafeteria servi ces; education and training; visitor reception; computer and data processing services; employee health services or recreation activities; routine maintenance activities; storage of supplies and equipment for administrative services and routine maintenance activities; security ( including such as security posts); fire protection; small

- scale fabrication (such as machine shop activities), assembly, and testing of non

- nuclear equipment or components; and similar support purposes, but exclud ing e facilities for n uclear weapons activities and waste storage activities , such as , except as provided in other parts of this appendix activities covered in B1.10, B1.29, B1.35, B2.6, B6.2, B6.4, B6.5, B6.6, and B6.10 of this appendix

. Discussion of the proposed changes is p rovided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.16 Removal of asbestos

- containing materials from buildings in
accordance with applicable requirements (such as 40 CFR part
61 (

, “ National Emission Standards for Hazardous Air
Pollutants ), subpart M (National Emission Standard for Asbestos); ”; 40 CFR part 763 ( , “ Asbestos ), subpart G (Asbestos Abatement Projects); ”; 29 CFR part 1910, subpart I ( , “ Personal Protective Equipment ), §19 10.134 (Respiratory Protection); subpart Z (Toxic and Hazardous Substances), §1910.1001 (Asbestos, tremolite, anthophyllite and actinolite); ”; and 29 CFR part 1926 ( , “ Safety and Health Regulations for Construction ), subpart D (Occupational Health and Envi ronmental Controls), Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 14 §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

ce rtification of removal contractors and technicians

. ).

B1.17 Removal of polychlorinated biphenyl (PCB)

- containing items

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

, ), PCB

- containing oils flushed from transformers,
PCB

- flushing solutions, and PCB

- containing spill materials from buildings or other aboveground locations in accordance
with 40 CFR part 761 (Polychlorinated Biphenyls Manufacturing, Proces sing, Distribution in Commerce, and Use
Prohibitions applicable requirements (such as 40 CFR part 761 ). Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.18 Siting, construction, and operation of additional water supply

w ells (or replacement wells) within an existing well field, or modification of an existing water supply well to restore production, if provided that there would be no drawdown other than in the immediate vicinity of the pumping well, and the
covered actions would not have the potential to cause significant no resulting long

- term decline of the water table, and would not have the potential to cause significant degradation of the aquifer from the new or replacement well no degradation of the aquifer
from the new or replacement well

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

B1.19 Siting, construction, modification, and operation , abandonment,
and removal of microwave

, and radio communication , and meteorological towers and associated facilities, provided that if
the towers and associated facilities would not be in a governmentally designated scenic area (see B(4)(iv) of this appendix) unless otherwise authorized by the appropriate governmental entity an area of great visual v alue

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

B1.20 Small

- scale activities undertaken to protect cultural resources (such as fencing, labeling, and flagging) or to protect, restore, or improve fish and wildlife ha bitat, fish passage facilities (such as
fish ladders or and minor diversion channels), or fisheries. Such activities would be conducted in accordance with an existing natural or cultural resource plan, if any. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 15 B1.21 Noise abatement measures ( such as including, but not limited to,
construction of noise barriers and installation of noise control

mat erials

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

B1.23 Demolition and subsequent disposal of buildings, equipment, and support structures (including, but not limited to, smoke stacks and parking lot surfaces)

. , p rovided that there would be no potential for release of substances at a level, or in a form, that could pose a threat to public health or the environment. Discussion of the proposed changes is provided in Section IV.E of the Preamble.

B1.24 Transfer, lea se, 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 persona l property (including, but not limited to, office space, warehouses, equipment storage facilities) where, equipment and materials) or real property (including, but not limited to, permanent structures and land), provided that under reasonably foreseeable u ses , (1) there would not be any lessening in quality no potential for release of substances at a
level , or increases in volumes, concentrations, in a form, that could pose a threat to public health or discharge rates, of wastes, air emissions, or water efflu ents the environment

, and
environmental (2) the covered actions would not have the potential to cause a significant change in impacts would generally be similar to those from before the transfer, lease, disposition, or acquisition of interests. Uncontaminate d means
that there would be no potential for release of substances at a level, or in a form, that would pose a threat to public health or
the environment. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.25 Transfer, lease, disposition

, or acquisition of interests in
uncontaminated land and associated buildings for cultural resources protection, habitat preservation

, or fish and wildlife

mana gement, and only associated buildings that support these purposes. Uncontaminated means provided that there would be no potential for release of substances at a level, or in a form, that

w c ould pose a threat to public health or the environment. Discussion o f the proposed changes is provided in Section IV.E of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 16 B1.26 Siting, construction (or

, expansion, modification, or replacement ) , operation, and decommissioning of small (total capacity less than approximately 250,000 gallons per day)

wastewat er and surface water treatment facilities whose liquid discharges are externally regulated, and small potable water and sewage treatment facilities. Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.27 Activities that ar e required for the disconnection of utility
services ( such as including, but not limited to, water, steam, telecommunications, and electrical power ) after it has been determined that the continued operation of these systems is not needed for safety. Recurri ng proposals for subpart D are described in Section IV.B of the Preamble.

B1.28 Minor activities that are required to place a facility in an environmentally safe condition where there is no proposed use for the facility. These activities would include, b ut 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

wa ste

. ). These activities would not include conditioning, treatment, or processing of spent nuclear fuel, high

- level waste, or special nuclear materials. Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.29 Siting, constru ction, expansion, modification, operation, and decommissioning of a small (less than approximately 10 acres )
onsite ) solid waste disposal facility facilities for construction
and demolition waste which would , in accordance with applicable requirements (s uch as 40 CFR part 257, “Criteria for Classification of Solid Waste Disposal Facilities and Practices,” and 40 CFR part 61, “National Emission Standards for Hazardous Air Pollutants”) that would not release substances at a level, or in a form, that w c ould 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 rubbl e. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B1.30 Transfer actions, in which the predominant activity is transportation, and in which provided that (1) the receipt and Discussion of the proposed changes is provided in Section IV.E of the P reamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 17 storage capacity and management capability for the amount and type of materials, equipment

, or waste to be moved is small and incidental to the amount of such materials, equipment, or waste
that is already a part of ongoi ng exists at the receiving site and (2) all necessary facilities and operations at the receiving site. Such transfers are not regularly scheduled as part of ongoing routine operations. Many DOE NEPA documents have analyzed the risks of transporting materials, equipment, and waste, including radioactive and hazardous wastes and other materials. The analyses show that the transportation risks are small for a wide variety of propo sed actions and cargo types. The following documents are representative of such analyses and support DOE’s conclusion that, within the context of this categorical exclusion, transportation of materials, equipment, and waste normally would not result in a

p otential for significant impacts. DOE experience, including a safe transportation track record over many years, confirms the analyses and findings.
Environmental Assessments (EAs) and Findings of No Significant Impact (FONSIs) :

**•** DOE/EA

- 1651: Environmental Assessment for U

- 233 Material Downblending and Disposition Project at the Oak Ridge National Laboratory, Oak Ridge,
Tennessee

, FONSI (January 2010). The EA evaluated the impacts of planned activities to modify selected Oak Ridge National Laboratory (ORNL) facilities and process equipment, processing of the ORNL inventory of uranium

- 233 (U

233) and other small quantities of simil ar material currently stored at other DOE sites, and transporting the processed material to an off

- site disposal facility.

**•** DOE/EA

- 1607: Environmental Assessment for the Disposition of DOE Exces s Depleted Uranium, Natural Uranium, and Low

- Enriched Uranium

, FONSI (June 2009). The EA analyzed transportation impacts of shipping natural
uraniu m feed and product, low

- enriched uranium feed and product, depleted
uranium feed and tails under both incident

- free and accident conditions (Sections 4.2.1, 4.2.2, 4.3.1, 4.5.1, 5.1, 5.2). Analysis showed impacts would not be significant.

**•** DOE/EA

- 1386: Final Environmental Assessment for the Remote

- handled Waste Disposition Project

, FONSI (February 2009). The EA analyzed risks of transporting remote

- handled waste over highways and local roads under routine and accident conditions, and found potential radiation dose to the public from transportation would be virtually immeasurable (Sections 5.1.4.2, 5.2.1).

**•** DOE/EA

- 1393: Programmatic Environmental Assessment for the U. S. Department of Energy, Oak Ridge Operations Implementation of a Comprehensive Management Program for the Storage, Transportation, and Disposition of Potentially Reus able Uranium Materials

, FONSI (October 2002). The EA analyzed impacts of implementing a comprehensive management program of uranium materials located at multiple sites, including transporting these materials for management to other sites. The analysis concluded transportation risks would be small (Sections 4.4.3, 4.5.3, 4.6.3,Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 18 4.7.3, 4.8.3, 4.9.3, 4.10).

**•** DOE/EA

- 1339

- A: Waste Disposition Activities at the Paducah Site (November 2002)

, FONSI (December 2003). The EA analyzed impacts of transporting polychlorinated biphenyl wastes, low

- level waste, mixed wasted, and transuranic wastes from the Paducah Site for disposal at various locations in the United States. The potential effects of transport over both highway and rail
routes were found to be not significant ( Sections 4.1.3 , 4.3, and 5.0).

**•** DOE/EA

- 1308: Offsite Transportation of Certain Low

- Level and Mixed Radioactive Waste from the Savannah River Site for Treatment and Disposal at
Commercial and Government Facilitie s , FONSI (February 2001). This EA analyzed the potential environmental impacts of transporting certain hazardous
and radioactive wastes at the Savannah River Site to off

- site treatment and disposal fac ilities . DOE determined the impacts would be insignificant.
Environmental Impact Statements (EISs) :

**•** DOE/EIS

- 0226: Final Environmental Impact Statement for Decommissioning and/or Long

- Term Stewardship at the West Valley Demonstration Project and
Western New York Nuclear Service Center (Jan uary 2010). The EIS evaluated radiological and nonradiological impacts from transporting radioactive or hazardous materials from the West Valley site in New York to offsite disposal sites. The analysis showed the risks would be small

, i.e. it is likely there would be no fatal cancers attributable to radiation exposure under routine and accident conditions (Sections 4.5.16, 6.10). This analysis is consistent with analyses in EAs for which DOE has concluded that such impacts are not significant.

**•** DOE/EIS

- 0380: Final Site

- Wide Environmental Impact Statement for Continued Operation of Los Alamos National Laboratory, Los Alamos, New
Mexico (May 2008). The EIS analysis evaluated the transport of radioactive, hazardous, and commercial materials onsite and from various offsite locations. The analysis determined that it is unlikely that transportation of radioactive
materials under an y of the alternatives discussed in the EIS would cause a fatality as a result of radiation either from incident

- free operations or postulated accidents. The radiological risks to the population would be small
under all alternatives

, i.e. it is likely there would be no fatal cancers attributable to radiation exposure under routine and accident conditions ( Section S.9). This analysis is consistent with analyses in EAs for which DOE has concluded that such impacts are not significant.

**•** DOE/EIS

- 0355: Remediation of the Moab Uranium Mill Tailings, Grand andTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 19 San Juan Counties, Utah, Final Environmental Impact Statement

Other: (July 2005). The analysi s in the EIS showed that risks of transportation of contaminated

waste an d materials at the Moab Site and vicinity properties to disposal
locations would be small

, i.e. it is likely there would be no fatal cancers attributable to radiation exposure under routine and accident conditions ( Section 4.1.12.3). Experience implementin g the action to date confirms the predictions. This analysis is consistent with analyses in EAs for which DOE has concluded that such impacts are not significant.

**•** DOE/EM/NTP/HB

- 01: A Resource Handbook on DOE Transportation Risk
Assessment (July 2002). In addition to providing technical guidance on conducting transportation risk assessments in DOE NEPA documents based on decades of experience analyzing shipments of virt ually all types of radioactive materials and wastes, the Handbook (Section 4.2 and 4.3) summarizes the results of transportation risk assessments in 17 DOE NEPA documents for a wide range of cargo types; documents analyzed include major DOE programmatic EI Ss for waste management, spent nuclear fuel management, and disposition of nuclear materials. The results show ed that transportation risks, including those under routine and accident conditions, would be small, i.e. it is likely there would be no fatal can cers attributable to radiation

exposure

.

B1.31 Relocation Installation or relocation and operation of machinery and equipment

, such as analytical (including, but not limited to, laboratory apparatus equipment , electronic hardware, manufacturing machinery, ma intenance equipment, and health and safety equipment , including m inor construction necessary for removal and installation, where ), provided that uses of the
installed or relocated items will be similar to their former uses
and are consistent with the genera l missions of the receiving

structure. Included in this category of actions are Covered actions include modifications to an existing building, within or contiguous to a previously disturbed or developed area, that are necessary for equipment installation an d relocation. Such modifications would not appreciably increase the footprint or height of the existing building or have the potential to cause significant changes to the type and magnitude of environmental impacts. Discussion of the proposed changes is pr ovided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 20 B1.32 Traffic flow adjustments to existing roads at DOE sites (including, but not limited to, stop sign or traffic light
installatio n, adjusting direction of traffic flow, and adding turning lanes ). Road ), and road adjustments such as (including, but not limited to, widening or and realignment ) that are not included within an existing right

- of

- way and consistent with approved land use or transportation improvement plans

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Proposed new categorical exclusion :

B1.33 Design, construc tion, and operation of control practices to reduce stormwater runoff and maintain natural hydrology. Activities include, but are not limited to, those that reduce impervious surfaces (such as vegetative practices and use of porous pavements), best manageme nt practices (such as silt fences, straw wattles, and fiber rolls), and use of green infrastructure or other low impact development practices (such as cisterns and green roofs). Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
Many of the actions in the scope of the proposed categorical exclusion are found in Environmental Protection Agency’s Guidance No. EPA 841

- B

- 09

- 001 (Decemb er 2009) intended to implement Section 438 of the Energy Independence and Security Act (EISA) of 2007. These actions are practices that are commonly recommended by the Environmental Protection Agency (EPA) through its Stormwater Program’s Green
Infrastructure initiative and the Federal Highway Administration (FHWA)

- sponsored

“ Context Sensitive Solutions ” program. These Federal agency websites serv e as information portals and repositories of private sector experience and studies by experts. Additionally, expert studies and industry experience on storm water management practices, particularly in the transportation sector

, can be found at the websit e of the Context Sensitive Solutions Clearinghouse , which is funded by the Federal Highway
Administration. The Clear inghouse website is sponsored and developed through a partnership with:

**•** American Association of State Highway and Transportation Officials (AASHTO)

**•** Federal Transit Administration

**•** Institute for Transportation Engineers (ITE)

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

**•** National Park Service

Pr oposed new categorical exclusion :

B1.34 Containment, removal, and disposal of lead

- based paint in accordance with applicable requirements (such as provisions relating to the certification of removal contractors and technicians at 40 CFR part 745, “Lead

- Ba sed Paint Poisoning Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
This proposed categorical exclusion is based on regulations and standards governing
containme nt, removal, and disposal of lead

- based paint in and from buildings and other structures. Use of the proposed categorical exclusion would require adherence toTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 21 Prevention In Certain Residential Structures”). applicable regulations and standards (e.g., EPA’s Lead Renovation, Repair, and Painting Program R ule ( 40 CFR part 745 )). This categorical exclusion is consistent with categorical exclusions for lead paint removal used by other Federal agencies : the U.S. Environmental Protection Agency and the Department of the Army.
U.S. Environmental Protection Agen cy categorical exclusion (40 CFR 6.204(a)(2)(ix)):
Actions involving containment or removal and disposal of asbestos

- containing
material or lead

- based paint from EPA owned or operated facilities when undertaken in accordance with applicable regulations.

De partment of the Army categorical exclusion (32 CFR 651, Appendix B(g)(1)):
Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities. Examples include, but are not limited to: Removal and disposal of
asbestos

- containi ng material (for example, roof material and floor tile) or lead

based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required for removal and disposal of a sbestos

- containing material and lead

- based paint or work on historic structures).

Proposed new categorical exclusion :

B1.35 Siting, construction, modification, and operation of recycling or compostable material drop

- off, collection, and transfer stations on or contiguous to a previously disturbed or developed area and in an area where such a facility would be consistent with existing zoning requirements. The stations would have appropriate facilities and procedures established in accordance with applicabl e requirements for the handling of recyclable or compostable materials and household hazardous waste (such as paint and pesticides). Except as specified above, the collection of hazardous waste for disposal and the processing of recyclable or compostable m aterials are not included in this class of
actions. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
This categorical exclusion is supported by existing categorical exclusions from the Departme nt of Homeland Se curity ( DHS ) and U.S. Department of Agriculture, Rural Utilities Service (RUS).

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

A6

-- Procurement of non

- hazardous goods and services, and storage, recycling, and disposal of non

- hazardous materi als and wastes, that complies with applicable requirements and is in support of routine administrative, operational, or maintenance activities. Storage activities must occur on previously disturbed land or in existing facilities. Examples include but are n ot limited to:
(a) Offic e supplies, (b) Equipment, (c) Mobile assets, (d) Utility services, (e) Chemicals and low level radio nuclides for laboratory use, (f) Deployable emergency response supplies and equipment, and (g) Wast e disposal and contracts for wa ste disposal in established permitted
landfills and facilities.
D HS support, including experience, for this categorical exclusion, is contained in itsTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 22 Administr ative Record for Categorical Exclusions (CAT EX).

RUS categorical exclusion (from 7 CFR 1794.21(b)(22)):
Construction of onsite facilities designed for the transfer of ash, scrubber wastes, and other byproducts from coal

- fired electric generating stations for recycling or storage at an existing coal mine (surface or underground).

Proposed new categorical exclusion :

B1.36 Determinations that real property is excess to the needs of DOE and, in the case of acquired real property, the subsequent reporting of such determinations to the General Services Administration or, in the case of lands withdrawn or otherwise reserved from the public domain, the subsequent filing of a notice of intent to relinquish with the Bureau of Land Management, Department of the Int erior. Covered actions would not include disposal of real property. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
This categorical exclusion is supported by existing categorical exclusions from the Departme n t of Homeland Security ( DHS ) , U.S. Coast Guard, U.S. Coast Guard, Department of the Air Force, and Department of the Army.
Department of Homeland Security categorical exclusion (from 71 FR 16790 ; April 4, 2006):

C5

-- Determination that real property is ex cess to the needs of the Department and, in the case of acquired real property, the subsequent reporting of such determination to the General Services Administration or, in the case of lands withdrawn or otherwise reserved from the public domain, the subse quent filing of a notice of intent to relinquish with the Bureau of Land Management, Department of
Interior.

DHS support, including experience, for this categorical exclusion, is contained in its Administrative Record for Categorical Exclusions (CAT EX).
U.S. Coast Guard categorical exclusion (from COMMANDANT INSTRUCTION M16475.1D, Figure 2

- 1

– Coast Guard Categorical Exclusions):
(15) Transfer of real property from the USCG to the General Services Administration, Department of the Interior, and other Federal departments and agencies, or as mandated by Congress; and the granting of leases, permits, and easements where there is no substantial change in use of the property. (Checklist required.)
Department of the Air Force categorical exclusion (from 32 CFR part 989, Appendix B):
A2.3.17. Transferring land, facilities, and personal property for which the General Services Administration (GSA) is the action agency. Su ch transfers are excluded only if there is no change in land use and GSA complies with its NEPA requirements.
A2.3.18. Transferring administrative control of real property within the Air Force or to another military department or to another Federal agency, not including GSA,Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 23 including returning public domain lands to the Department of the Interior.
Department of the Army categorical exclusion (from 32 CFR part 651, Appendix B):
(f)(3) Transfer of real property administrative control within the Army, to anot her military department, or to other federal agency, including the return of public domain lands to the Department of Interior, and reporting of property as excess and surplus to the GSA for disposal (REC required).

Presidential Memorandum for the Heads of Executive Departments and Agencies

– Disposing of Unneeded Federal Real E state , June 10, 2010

B2 Categorical Exclusions Applicable to Safety and Health

B2.1 Modifications of within or contiguous to an existing structure , in a previously disturbed or developed area, to enhance workplace habitability (including, but not limited to : , installation or improvements to lighting, radiation shiel ding, or heating/ventilating/air conditioning and its instrumentation ; , and noise reduction). Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B2.2 Installation of, or improvements to, building and equipment instrumentation (including, but not limited to, remote control panels, remote monitoring capability, alarm and surveillance systems, control systems to provide automatic shutdown, fire
dete ction and protection systems, water consumption monitors and flow control systems, announcement and emergency warning systems, criticality and radiation monitors and alarms, and safeguards and security equipment). Discussion of the proposed changes is prov ided in Section IV.E of the Preamble.

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

, ( including, but not limited to, eye washes, safety showers, radiation monitoring devices, and fumehoods

, and associated collection and exhaust systems

, ), provided that the covered actions would not have the potential to cause a significant increase in emissions. emissions would not increase. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring pro posals for subpart D are described in Section IV.B of the Preamble.

B2.4 Development and implementation of Equipment Qualification Programs (under DOE Order 5480.6, “Safety of DOE

- owned Nuclear Reactors”) to augment information on safety

- related Discussion of the proposed changes is pro vided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 24 system co mponents or to improve systems reliability.

Activities undertaken to (1) qualify equipment for use or improve systems reliability or (2) augment information on safety

- related system components. These activities include, but are not limited to, transportati on container qualification testing,
crane and lift

- gear certification or recertification testing, high efficiency particulate air filter testing and certification, stress tests (such as “burn

- in” testing of electrical components

, and leak testing), and cal ibration of sensors or diagnostic equipment.

B2.5 Safety and environmental improvements of a facility

, ( including

, but not limited to, replacement and upgrade of facility components

, ) that do not result in a significant change in the expected useful life, design capacity, or function of the facility and during which operations may be suspended and then resumed. Improvements may include, but are not limited to : , R r eplacement/upgrade of control valves, in

- core monitoring devices, facility air filtration systems, or substation transformers or capacitors; addition of structural bracing to meet earthqua ke standards and/or sustain high wind loading; and replacement of aboveground or belowground tanks and related piping if

, provided that there is no evidence of leakage, based on testing that meets performance in accordance with applicable requirements in (such as 40 CFR part 280, subpart D (40 CFR part 280.40). This includes activities taken under RCRA, subtitle I; 40 CFR part part 265 , “Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities” , subpar t J; 40 CFR part 280, subparts B, C,
and D; and other applicable state, Federal and local requirements for underground storage tanks. 40 CFR part 280, “Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Ta nks”). These actions do not include rebuilding or modifying substantial portions of a facility

, ( such as replacing a reactor vessel

. ). Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are d escribed in Section IV.B of the Preamble.

B2.6 Packaging, transportation, and storage of radioactive materials from the public domain, in accordance with the Atomic Energy Act upon a request by the Nuclear Regulatory Commission or Discussion of the proposed changes is provided in Section IV.E of the Preamble.
DOE has extensive experience that demonstrates these activities do not pose the potential for significant environmental impact. For example, the Off

- Site SourceTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 25 other cognizant agency, which would include a State that regulates radioactive materials under an agreement with the Nuclear Regulatory Commission or other agencies that may, under unusual circumstances, have responsibilities regarding the materials that are included in the categ orical 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 sourc e, 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 pack aged radioactive waste not exceeding 50 curies.

Recovery of radioactive sealed sources and sealed source

containing devices from domestic or foreign locations provided that (1) the recovered items are transported and stored in compliant containers

, and (2 ) the receiving site has sufficient existing storage capacity and all required licenses, permits, and approvals. Recovery Project operated by NNSA has successfully recovered almost 23,000 sources
from more than 800 sites.

For information on DOE’s Office

- Site Source Reco very Projects, see http://osrp.lanl.gov/

.

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



### B3.1 Onsite and offsite site Site characterization and environmental monitoring

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

, modification ) , operation, and dismantlement or and closing ( abandonment ) of characterization and monitoring devices

, and siting, construction, and associated operation of a small

- scale laboratory b uilding or renovation of a room in an existing building for sample analysis

. ). Such activities would not have the potential to cause significant impacts from ground disturbance.
A Covered a ctivities covered include, but are not limited to, site
characteriza tion and environmental monitoring under CERCLA
and RCRA. (This class of actions excludes activities in salt water and freshwater. See B3.16 of this appendix for salt water and freshwater activities.) Specific activities include, but are not
limited to:

(a) Geological, geophysical (such as gravity, magnetic, Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Ot her agencies have established categorical exclusions that relate to geophysical investigation/exploration activities:

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

Short

- term (1 year or less) mineral, energy, or geophysical investigations and their incidental supp ort activities that may require cross

- country travel by vehicles and equipment, construction of less than 1 mile of low standard road, or use and minor repair of existing roads. Examples include but are not limited to:
(i) Authorizing geophysical investig ations which use existing roads that may require incidental repair to reach sites for drilling core holes, temperature gradient holes, or seismic shot holes;
(ii) Gathering geophysical data using shot hole, vibroseis, or surface chargeTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 26 electrical, seismic, and radar , and temperature gradient ), geochemical, and engineering surveys and mapping, including and the establishment of survey marks . Seismic techniques would not include large

- s cale reflection or refraction testing ; (b) Installation and operation of field instruments

, ( such as

stream

- gauging stations or flow

- measuring devices, telemetry systems, geochemical monitoring tools, and geophysical exploration tools ; ); (c) Drilling of we lls for sampling or monitoring of groundwater or the vadose (unsaturated) zone, well logging, and
installation of water

- level recording devices in wells; (d) Aquifer and underground reservoir response testing; (e) Installation and operation of ambient air monitoring equipment; (f) Sampling and characterization of water, soil, rock, or
contaminants ; (such as drilling using truck

- or mobile

- scale equipment, and modification, use, and plugging of boreholes); (g) Sampling and characterization of water effluents , air emissions, or solid waste streams; (h) Installation and operation of meteorological towers and
associated activities , including (such as assessment of potential wind energy resources ; ); 

### (i) Sampling of flora or fauna; and (j) Archeological, historic, and cultural resource identification in compliance with 36 CFR part 800 and 43 CFR part 7. methods;
(iii) Tre nching to obtain evidence of mineralization;
(iv) Clearing vegetation for sight paths or from areas used for investigation or support facilities;
(v) Redesigning or rearranging surface facilities within an approved site;
(vi) Approving interim and final site restoration measures; and
(vii) Approving a plan for exploration which authorizes repair of an existing road and the construction of 1/3 mile of temporary road; clearing vegetation from an acre of land for trenches, drill pads, or support facilities

. U.S. Geological Survey categorical exclusion (Departmental Manual Part 516, Chapter 9.5 (A, B, C, G, H, J, P)):
(A) Topographic, land use and land cover, geological, mineralogic, resources evaluation, and hydrologic mapping activities, including aerial topographic surveying, photography, and geophysical surveying.
(B) Collation of data and samples for geologic, paleontologic, hydrologic, mineralogic, geochemical and surface or subsurface geophysical investigations, and resource evaluation, including cont racts therefore.
(C) Acquisition of existing geological, hydrological or geophysical data from private exploration ventures.

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

. (H) Establishment of survey marks, placeme nt and operation of field instruments, and installation of any research/monitoring devices.

... (J) Establishment of seasonal and temporary field camps.

... ( P ) Minor activities required to gain or prepare access to sites selected for completion of exploration drilling operations or construction of stations for hydrologic, geologic, or geophysical data collection.

B3.3 Field and laboratory research, inventory, and information collection activities that are directly related to the conservation
of fish or and wi ldlife resources or to the protection of cultural resources, provided that such activities would not have the Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 27 potential to cause significant impacts on and that involve only negligible habitat destruction or population reduction fish and
wildlife habitat or populations or to cultural resources

.

B3.4 Drop, puncture, water

- immersion, thermal, and fir e tests of transport packaging for radioactive or hazardous materials to certify that designs meet the applicable requirements of (such as
49 CFR §§ 173.411 and 173.412 and requirements of severe accident conditions as specified in 10 CFR § 71.73

. ). Discussi on of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B3.6 Siting, construction (or

, modification ) , operation, and decommissioning of facilities for indoor bench small

- scale
research and development projects projects and ; conventional laboratory operations ( for example, such as preparation of chemical standards and sample analysis); small

- scale research and development projects; and small

- scale pilot projects (generally less than two 2 years) frequently conducted to verify a concept before demonstration actions . Construction ( , provided
that construction or modification ) w i ou l l d be within or contiguous to an already a previously disturbed or developed area (where active utilities and currently used roads are readily accessible). See also C12 For purposes of this category,
“demonstration actions” means actions that are undertaken at a scale to show whether a technology would be viable on a larger
scale and suitable for commercial deployment. Demonstration actions frequently follow research and development and pilot projects that are directed at establishing proof of concept

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring p roposals for subpart D are described in Section IV.B of the Preamble.

B3.7 Siting, construction, and operation of new infill exploratory and experimental (test) oil, gas, and geothermal wells, which are to be drilled in a geological formation that has exi sting operating
wells terrestrial infill exploratory and experimental (test) wells in a locally characterized geological formation in a field that contains existing operating wells, properly abandoned wells, or unminable coal seams containing natural gas, p rovided that the site characterization has verified a low potential for seismicity, subsidence, and contamination of freshwater aquifers, and the actions are otherwise consistent with applicable best practices and DOE protocols, including those that protec t against uncontrolled releases of harmful materials. Such wells may Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 28 include those for brine, carbon dioxide, coalbed methane, gas hydrate, geothermal, natural gas, and oil. Uses for carbon sequestration wells include, but are not limited to, the study of saline formations, enhanced oil recovery, and enhanced coalbed
methane extraction

.

B3.8 Outdo or terrestrial ecological and other environmental research in a small area (generally less than 5 acres), ( including , but not limited to, siting, construction, and operation of a small

- scale laboratory building or renovation of a room in an existing
buildi ng for sample associated analysis

, ) in a small area (generally less than five acres) provided that such activities that
would not have the potential to cause significant impacts on result in any permanent change to the ecosystem. These actions include, but are not limited to, small test plots for energy

- related biomass or biofuels research. Such research may include the use of genetically engineered plants where the test plot of such plants and associated activities have been authorized by the U.S. Departmen t of Agriculture, in accordance with applicable requirements (such as 7 CFR part 340), including the use of any required confinement measures and buffer zones. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring propo sals for subpart D are described in Section IV.B of the Preamble.

DOE proposes to clarify that this categor ical exclusion includes field research in biomass and biofuels for proof

- of

- concept purposes

, and thus proposes to identify such
research and clarify conditions that should be verified in evaluating the applicability of the categorical exclusion to such proposals

. T est plots involving use of regulated genetically

- engineered plants are overseen by three U.S. agencies ( U.S. Department of Agriculture (USD A)

, Food and Drug Administration , and Environmental Protection Agency ) . T heir regulations specify numerous requirements ( such as steps to properly confine the plants ) which, when complied with, have been determined by these agencies to avoid the potential for significant environmental impacts . (See USDA regulations )

. USDA’s authority is the broadest of the three agencies, and it will always be involved in the field testing of geneti cally

- engineered plants. Also, USDA determines the size of
b uff er zones. In addition, the potential environmental impacts from field trials of genetically engineered organisms have been assessed numerous times by the USDA and found to result in no signific ant impacts. ( See http://www.aphis.usda.gov/brs/biotech_ea_permits.html for a list of recent
environmental assessments and FONSIs )

.

B3.9 Demonstration actions proposed under the Clean Coa l Technology Demonstration Program, if the actions would

not Projects to reduce emissions and waste generation at existing fossil or alternative fuel combustion or utilization facilities, provided that these projects would not have the potential to

cause a significant increase in the quantity or rate of air
emissions. These demonstration actions For this category of actions, “fuel” includes coal, oil, natural gas, hydrogen, syngas,
and biomass. Neither “fuel” nor “alternative fuel” herein
includes nuclear fue ls. Covered actions include, but are not
limited to: Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.
DOE experience over many years with projects that demonstrate ways to reduce emissions and waste generation at existing fossil energy facilities shows that these projects normally would not have significant environmental impacts. Generally, such projects demonstrate technologies that, if successfully deployed, could reduce environmental impacts nationwide. DOE has conducted environmental reviews and has substantial experience with “slip stream” te sts of up to 100 percent of the throughput at existing facilities for such projects that demonstrate lack of potential for significant environmental impacts. Slip stream tests at 100 percent often are needed to convincingly demonstrate pollution reduction t echnologies so that the technologies are likely to be implemented. Based on this experience, DOE proposes to delete theTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 29 (a) Test treatment of 20 percent or less of the throughput product (solid, liquid, or gas) generated at an existing and fully operational coal fuel 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 fuel combustion

or coal utilization facility

, for wh ich the existing use remains essentially unchanged; and (c) Addition or replacement of equipment for reduction or control of sulfur dioxide, oxides of nitrogen, or other regulated substances that involves no permanent change in the quantity or quality of c oal being fuel burned or used and involves no permanent change in the capacity factor of the
coal fuel combustion or coal utilization facility , other than for demonstration purposes of two years or less in duration. ; and (d) Addition or modification of equip ment for capture and control of carbon dioxide or other regulated substances, provided that adequate infrastructure is in place to manage
such substances. previous 20 percent limitation.
Examples of EAs for such projects:

**•** DOE/EA

- 1616: Carbon Research Center at Southern Company’s Power System Development Facility Near Wilsonville, Alabama

, FONSI ( September 2008) The EA evaluated potential environmental impacts associated with a 60

- month cooperative agreement between DOE and Southern Company Services, Inc. for the development of a Carbon Research Center project at Southern Company's Power System Development Facility near Wilsonville, Alabama,
which would include the instal lation of components within the existing facility for the evaluation and development of carbon capture technologies.

**•** DOE/EA

- 1498: Advanced Coal Utilization Byproduct Beneficiation
Pro cessing Plant, Ghent Power Station, Carroll County, Kentucky ( January
2005 ), FONSI (December 2004). (FONSI was based on EA, but EA print production and distribution followed FONSI issue date. ) This EA analyzed potential environmental impacts associated with the design, construction, and commercial operation of an advanced coal ash beneficiation processing demonstration plant at Kentucky Utilities Ghent Power Station in Carroll County, Kentucky . The beneficiation process would use fly ash, a waste product of coal

- fired power plants, to manufacture concrete additives and
related construction materials.

**•** DOE/EA

- 1493: Greenidge Multi

- Pollutant Control Project, AES Greenidge Stations, Dresden, New York (August 2004), FONSI ( October 2004) This EA analyzed potential environmental impacts associated with the design,
construction

, and c ommercial operation of an integrated multi

- pollutant emissions control system to be demonstrat ed at the AES Greenidge Station in Dresden, New York.

**•** DOE/EA

- 1476: Toxecon Retrofit for Mercury and Multi

- Pollutant Control, Presque Isle Power Plant, Michigan

, FONSI (September 2003) This EA analyzed the potential impacts of a demonstration project utilizing TOXE CON, a newly developed technology that may be useful in the reduction of mercury, particulate matter, sulfur dioxide, nitrogen oxides and hydrochloric acid emissions that are typical to coal

- fired power plants. The 5

- year demonstration project includes the construction and operation of an integrated emissions control system for use in three 90

- watt boilers at Presque Isle Power Plant in Marquette, Michigan. Following demonstration, the plant may continue to operate using the new emissions control system.

**•** DO E/EA

- 1449: Commercial Demonstration of Manufactured AggregateTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 30 Processing Technology Utilizing Spray Dryer Ash, King George County, Virginia (August 2002 )

, FONSI (October 2002) The EA analyzed potential environmental impacts of design, construction

, and operation of a Universal Aggregates, LLC demonstration manufacturing plant producing a lightweight aggregate from spray ash for use in maso nry and concrete materials. The production of the aggregate would result in the reduction of emissions
associated with coal

- fired power plants.

**•** DOE/EA

- 1080: Commercial Demonstration of the NOXSO SO2 /NOX Removal Flue Gas Cleanup System, Indiana and Tennessee

, FONSI (June 1995)

. This EA analyzed the potential impacts of design, construction and operation of an advanced flue gas treatment technology for the reduction of sulfur dioxide and nitrogen oxides emissions from two coal

- fired power plants, Warrick Power Plant (Warrick County, Indiana) and Olin Charleston Plant (Bradley County, Tennessee).

**•** DOE/EA

- 0405: Innovative Sulfur Dioxide Scrubbing System for Coal Burning Cement Kilns, Passamaquoddy Tribe, Thomaston, Maine (March 1990),
FONSI (February 1990)

. (FONSI was bas ed on EA, but EA print production and distribution followed FONSI issue date.) This EA analyzed potential impacts of a demonstration project using a new sulfur dioxide scrubbing system in coal

- burning cement kilns for the Passamaquoddy Tribe Dragon
Product s Cement Plant located at Thomaston, Maine

.

**•** DOE/EA

- 0404: Innovative Clean Coal Technology Program

- Coke Oven Gas Cleaning Demonstration Plant at the Bethlehem Steel Corp. Sparrows Point Plant, Balt imore County, Maryland

, FONSI (December 1989)

. This EA analyzed the potential impacts of a cost

- shared coke oven cleaning demonstration project at the Bethlehem Steel Corporation's Sparrows Point Plant in Baltimore County, Maryland. A major function of the coke oven cleaning process is the reduction of sulfur dioxide and nitrogen oxides
emissions.

B3.10 Siting, construction , modification , operation, and decommissioning of a particle acceler ator s , including electron
beam accelerator s, with primary beam energy less than approximately 100 million electron volts ( MeV

, ) and average beam power less than approximately 250 kilowatts (kW), and associated beamlines, storage rings, colliders, and dete ctors

, for research and medical purposes (such as proton therapy), and isotope production , within or contiguous to an already a Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.
Accelerators in this category are small (some are “table

- top”) and can be installed in existing laboratory facilities with no or minor modifications. Radiation exposure to workers, the public, and the environment would be limited by radiation shielding materials, distance, and operational practices. Exposure normally would be
in distinguishable from that attributable to background radiation. Operation of particleTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 31 previously disturbed or developed area (where active utilities and currently used roads are readily accessible), or internal
modi fication of any accelerator facility regardless of energy

, that does not increase primary beam energy or current. In cases where the beam energy exceeds 100 MeV, the average beam power must be less than 250 kW, so as not to exceed an average
current of 2.5 milliamperes (mA). accelerators within this category would result in negligible air emissions of radionuclides used in experiments; minimal ozone generation; activation of short

- lived
air a ctivation products, such as isotopes of carbon and oxygen; and potential but short

lived activation of concrete and equipment within the laboratory. (Activation products result from interactions between radiation emitted by an accelerator and surrounding

a ir, concrete, metals, and some other materials.)
Scott Davis: two years serving as Program Manager in the DOE o ffice of p rimary
i nterest for a ccelerator s afety ( Office of Science ; Office of Safety, Security, and Infrastructure; Environment, Safety and Heal th Division) ; 30 years of experience in radiological, nuclear and occupational safety; Physical Scientist and Certified Safety Professional; Bachelor of Science in Radiological Technology, University of Tennessee in Memphis (Health Science Center) and Mas ters Degree in Public Health, University of Tennessee, Knoxville.

B3.11 Outdoor tests and experiments for the development, quality assurance, or reliability of materials and equipment (including, but not limited to, weapon system components ), ) under

con trolled conditions . Covered actions that would not involve source, special nuclear, or byproduct materials. Covered activities may include, but are not limited to, burn tests (such as
tests of electric cable fire resistance or the combustion
characteristi cs 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. Covered actions would not involve source, special nuclear, or byproduct materials, except that encapsulated sources that contain source, special nuclear, or byproduct materials may be used for nondestructive actions such as detector/sensor development and testing and first responder field training. Discu ssion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B3.12 Siting, construction (or

, modification ) , operation, and decommissioning of microbiological a nd biomedical diagnostic, treatment and research facilities (excluding Biosafety Level

- 3 and Biosafety Level

- 4 ; reference: ), in accordance with applicable requirements or best practices (such as Biosafety in Microbiological and Biomedical Laboratories, 3rd 5th Edition, May 1993 Feb. 2007 , U.S. Department of Health and Human Discussion of the proposed c hanges is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 32 Services Public Health Service , Centers of for Disease Control and Prevention, and the National Institutes of Health (HHS Publication No. (CDC) 93

– 8395) ) including, but not limited to,
labo ratories, treatment areas, offices, and storage areas, within or contiguous to an already a previously disturbed or developed area (where active utilities and currently used roads are readily accessible). Operation may include the purchase, installation,

an d 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 in existing facilities (including , but not limited to, necessary modifications). Recurring proposals for subpart D are described in Section IV.B of the Preamble.

Proposed new categorical exclusion :

B3.14 Siting, construction, modification, operation, and decommissioning of small

- scale educat ional facilities (including, but not limited to, conventional teaching laboratories, libraries, classroom facilities, auditoriums, museums, visitor centers, exhibits, and associated offices) within or contiguous to a previously disturbed or developed area (where active utilities and currently used roads are readily accessible). Operation may include, but is not limited to, purchase, installation, and operation of equipment (such as audio/visual and laboratory equipment) commensurate with the educational pur pose of the facility. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
DOE has prepared several EAs that analyzed the impacts of constructing and operating
small educational facilities and determined that these actions do not have the potential to cause significant environmental impacts:

**•** DOE/EA

- 1444: Construction of New Office Building, Child

- Care Facility, Parking Garage, and Storm Water Re tention Pond

, FONSI (September 2002)

. The EA evaluated the impacts of building a 3

- level, parking garage with additional paved parking areas and a 48,000 square foot office building o n an already

- developed DOE site as well as the construction of a child

- care center and a credit union office on an adjoining 5

- acre parcel of land.

**•** DOE/EA

- 1415: Proposed Conveyance of the American Museum of S cience and Energy and Associated Property, Parcel G, and Parcel 279.01

, FONSI (March 2007)

. The EA evaluated the environmental impacts resulting from the conveyance of a science museu m to the City of Oak Ridge, TN, as well as the construction of associated office and retail space and b uildings for light industrial purposes . DOE determined that the conveyance and the construction of the associated buildings would have no significant imp acts.

**•** DOE/EA

- 1412: Expansion of the Volpentest Hazardous Materials Management and Emergency Response Training and Education Center, Hanford Site, Richland, Washington

, FONSI (November 2002)

. The EA evaluated the impacts of an Emergency Vehicle Operations training facility,Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 33 including a one

- mile, asphalt vehicle test course, a helipad, a 12,500 square foot parking area for equipment, and a 1 ,600 square foot area for earthmoving equipment training.

**•** DOE/EA

- 1375 : Construction and Operation of a New Office Building and
Related Structures at TA 3 within Los Alamos Na tional Laboratory (June 2001)

, FONSI (July 2001) The EA evaluated the impacts of constructing a 275,000 square foot office building with an adjoining 600

- seat lecture hall, and
a 700

- space pa rking structure on an already developed site. The office building would contain staff offices, records management space, and operations support

space.

Proposed new categorical exclusion :

B3.15 Siting, construction, modification, operation, and
decommissi oning of facilities for indoor small

- scale research and development projects and small

- scale pilot projects using nanoscale materials in accordance with applicable requirements (such as engineering, worker safety, procedural, and administrative regulations ) necessary to ensure the containment of any biohazardous materials. Construction and modification activities would be within or contiguous to a previously disturbed or developed area (where active utilities and currently used roads are readily accessible)

. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
DOE proposes to define a class of actions specifically to include facilities for small

scale laboratory research projects involving nanoscale (atomic and mol ecular scale) materials. DOE has prepared several EAs that analyzed the impacts of constructing and operating facilities at which research on or using nanomaterials would be conducted, and has substantial experience conducting laboratory

- scale experimentat ion with
nanoscale materials

.

**•** DOE/EA 1457: Center for Integrated Nanotechnologies at Sandia National
Laboratories (March 2003), FONSI (April 2003)

. The EA evaluated the impacts from the construction of a 90,000 square foot laboratory on an already developed site. The proposed facility would contain clean rooms for nanofabrication, physical and chemical charact erization of nanomaterials, and lithography in addition to facilities for general

- purpose chemistry, biology, electronic, and physics research on the electronic, magnetic, and optical properties of nanomaterials.

**•** DOE/EA 1455: Enhanced Operations of the Advanced Photon Source at Argonne National Laboratory

- East, Argonne, Illinois

, FONSI (June 2003)

. The EA evaluated the impacts from the cons truction of a 48,000 square foot Center for Nanoscale Materials and an associated parking lot on an already developed DOE site. Research activities would include lithography, nanofabrication, and nanomaterials characterization. The facility would also incl ude clean rooms as
well as several offices and conference rooms.

**•** DOE/EA 1441: Construction and Operation of the Molecular Foundry (February 2003)

, FONSI (March 2003)

. The EA evaluated the impacts from
the construction of a n 86,000 square foot nanofabrication and nanomaterialsTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 34 characterization facility and an associated utility plant on an already developed
DOE site. The fac ility would include laboratories, equipment rooms, conference/seminar rooms and office space.

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

, FONSI (June 2001)

. The EA evaluated impacts from the 3,000 square

foot expansion of an existing laboratory, including two new clean rooms, to accommodate laboratory and process space for a Nanoscience Metrology and
In strumentation facility. The facility would support research for nanomaterials, nanostructures, and applications for the technologies.
In addition, DOE has prepared the following guidance documents that describe practices appropriate to the management of e nvironmental, safety and health concerns associated with laboratory

- scale operations involving the design, synthesis, or characterization of engineered nanomaterials. Use of the documents enables DOE nanoscale laboratories to develop site

- specific controls that protect workers and the
environment.

**•** Approach to Nanomaterial E S&H

**•** Worker and Environmental Assessment of Potential Unbound Engineered Nanoparticle Releases (2009)

**•** The Safe Handling of Unbound Engineered Nanoparticles, Contractor Requirements Document (DOE 2009)

**•** Nanomaterials Safety Implementation Plan, Ames Laboratory (April 2010)
DOE also used the following as guidance document s :

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

**•** Approaches to Safe Nanotechnology, National Institute for Occupational
S afety and Health (March 200 8 )

Proposed new categorical exclusion:

B3.16 Small

- scale, temporary surveying, site characterization, and research activities in salt water and freshwater environments,
limited to:

(a) Acquisition of rights

- of

- way, easements, and t emporary use permits; (b) Data collection, environmental monitoring, and nondestructive research programs; Dis cussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
Other agencies have established categorical exclusions for relevant salt water and
freshwater activities:
Department of Navy categorical exclusion (32 CFR 775.6(e)( 20)):
Installation and operation of passive scientific measurement devices (e.g., antennae, tide gauges, weighted hydrophones, salinity measurement devices, and water quality measurement devices) where use will not result in changes in operations tempo an d is consistent with applicable regulations;Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 35 (c) Resource evaluation activities including surveying and mapping, but excluding seismic activities other than passive techniques; (d) Collection of geological, paleontological, mineralogical, geochemical, biological, and geotechnical data and samples, but excluding large

- scale vibratory coring techniques; (e) Installation of monitoring and recording devices; (f) Installation of equipment for flow testing of existing wel ls including equipment for fluid analysis; and (g) Ecological and environmental research provided that such activities would not have the potential to cause significant impacts on the ecosystem.

These activities would be conducted in accordance with, where

ap plicable, an approved spill prevention, control, and response plan and would incorporate appropriate control technologies and best management practices. None of the above activities would occur within the boundary of an established marine sanctuary or
wild life refuge, a governmentally proposed marine sanctuary or wildlife refuge, or a governmentally recognized area of high biological sensitivity (such as protected areas and other areas of known ecological importance, whale and marine mammal mating
and calvi ng/pupping areas, and fish and invertebrate spawning and nursery areas recognized as being limited or unique and vulnerable to perturbation; these areas can occur in bays, estuaries, near shore, and far offshore, and may vary seasonally),
or outside those areas if the activities would have the potential to cause significant impacts within those areas. No permanent
facilities or devices would be constructed or installed. Covered actions do not include drilling of resource exploration or
extraction wells. National Oceanic and Atmospheric Administration categorical exclusion (NOAA Administrative Order 216.6.03c.3(a, d, e)):
(a) Research Programs. Programs or projects of limited size and magnitude or with only sh ort

- term effects on the environment and for which any cumulative effects are negligible.
Examples include natural resource inventories and environmental monitoring programs conducted with a variety of gear (satellite and ground

- based sensors, fish nets, et c.) in water, air, or land environs. Such projects may be conducted in a wide geographic area without need for an environmental document provided related environmental consequences are limited or short

- term. (d) Administrative or Routine Program Functions. The following NOAA programmatic functions that hold no potential for significant environmental impacts qualify for a categorical exclusion: program planning and budgeting including strategic planning and operational planning; mapping, charting, and

survey ing services; ship support; ship and aircraft operations; fishery financial support services; grants for fishery data collection activities; basic and applied research and research grants, except as provided in Section 6.03b. (e) Real
Estate Actions....vario us easement acquisitions....
Bureau of Ocean Energy Management, Regulation and Enforcement (formerly Minerals Management Service) categorical exclusion(s) (from DOI DM 516 Chapter 15, Section 15.4):
A(1): Inventory, data, and information collection, includin g the conduct of environmental monitoring and nondestructive research programs.
B(1): All resource evaluation activities including surveying, mapping, and geophysical surveying which do not use solid or liquid explosives.
B(2): Collection of geologic data and samples including geologic, paleontologic, mineralogic, geochemical, and geophysical investigations which does not involve drilling beyond 50 feet of consolidated rock or beyond 300 feet of unconsolidated rock, including contracts therefor.
B(4): Well logging, digital modeling. inventory of existing wells, and installation of recording devices in wells.
B(5): Establishment and installation of any research/monitoring devices.
C(15): Rights

- of

- ways, easements, temporary use permits, and any revisions
ther eto that do not result in a new pipeline corridor to shore.

B4. Categorical Exclusions Applicable to Power Marketing Administrations and to All of DOE with Regard to Power ResourcesTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 36 B4.1 Establishment and implementation of contracts, policies, and
market ing and allocation plans related to electric power acquisition or transmission that involve only the use of the existing transmission system and existing generation resources operating within their normal operating limits. , policies, allocation plans, or a cquisition 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 excl uded, or (3) changes in the normal operating limits of generation resources. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.4 Power mark eting services

, and power management activities ( including , but not limited to, storage, load shaping, seasonal exchanges, or and other similar activities if ), provided that the operations of generating projects would remain within normal operating limits. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.5 Temporary adjustments to river operations to accommodate day

to

- day river fluctuations , power demand changes, fish and wildlife conservation program requirements, and other external

events

, if provided that the adjustments would occur within the existing operating constraints of the particular hydrosystem operation. Discussion of the propose d changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.6 Additions or modifications to electric power transmission
facilities that would not have the potential to cause significant impacts affect the environment beyond the previously disturbed

or developed facility area ( including, but not limited to, switchyard rock grounding upgrades, secondary containment projects, paving projects, seismic upgrading, tower
modifications

, load shaping projects (such as the installation and use of flywheels and battery arrays), changing insulators, and replacement of poles, circuit breakers, conductors, transformers,
and crossarms

. ). Discussion of the proposed changes is provided in Sectio n IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.7 Adding fiber optic cable s to transmission facilities structures or burying fiber optic cable in existing transmission line or pipeline rights

- o f

- way. Covered actions may include associated vaults and pulling and tensioning sites outside of rights

- of

- way in Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring pro posals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 37 nearby previously disturbed or developed areas.

B4.8 New electricity transmission agreements, and modifications to existing transmission arrangements, to use a transmission facility of one system to transfer power of and for another sy stem, if

provided that no new generation projects would be involved and no physical changes in the transmission system would be made beyond the previously disturbed or developed facility area. Discussion of the proposed changes is provided in Section IV.E o f the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.9 Grant or denial Granting or denying of requests for multiple use s of a transmission facility ’s rights

- of

- way , such as (including, but not limited to, gra zing permits and crossing agreements

, including for electric lines, water lines, natural gas pipelines, communications cables, roads, and drainage culverts

. ). Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring propo sals for subpart D are described in Section IV.B of the Preamble.

B4.10 Deactivation, dismantling, and removal of electric powerlines transmission facilities (including, but not limited to, electric transmission lines, substations, and switching stations

, )
and other transmission facilities, abandonment and right restoration of rights

- of

- way abandonment (including, but not limited to, associated access roads)

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.11 Construction or modification of electric power substations or interconnection facilities (including , but not limited to, switching stations and support facilities) that are not for the
in terconnection of a new generation resource into a Power Marketing Administration’s transmission system, unless: (1) the new generation resource would be eligible for categorical
exclusion under this part and (2) the new generation resource would be equal t o or less than 50 average megawatts 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 l ength or less, or relocation of existing electric powerlines approximately 20 miles in length or less, but not the integration of major new generation resources into a main transmission system

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.12 Construction of electric powerlines transmission lines approximately 10 miles in length or less inside or outside of Discussion of the proposed changes is provided in Section IV.E of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 38 previously disturbed or developed transmission line or pipeline rights

- of

- way, or approximately 20 miles in length or less inside of previously disturbed or developed transmission line or pipeline rights

- of

- way, that are not for the interconnection of a new generation resource into a Powe r Marketing Administration’s transmission system, unless: (1) the new generation resource would be eligible for categorical exclusion
under this part and (2) the new generation resource would be equal to or less than 50 average megawatts. that are not for the integration of major new generation resources into a main transmission system. Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B4.13 Upg rading or rebuilding approximately 20 miles in length or less of existing electric transmission lines, which may involve minor relocations of small segments of the transmission lines, that is not for the interconnection of a new generation resource into a Power Marketing Administration’s transmission system, unless: (1) the new generation resource would be eligible for categorical
exclusion under this part and (2) the new generation resource would be equal to or less than 50 average megawatts. Reconstruction (upgrading or rebuilding) and/or
minor relocation of e xisting electric powerlines approximately 20 miles in length or less to enhance environmental and land use
values. Such actions include relocations to avoid right

- of

- way encroachments, resolve conflict with propertydevelopment,
accommodate road/highway construction, allow for the
construction of facilities such as canals and pipelines, or reduce existing impacts to environmentally sensitive areas. Discussion of the proposed changes is provided in Sectio n IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

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

B5.1

(a) Actions to conserve energy or water , demons trate potential

energy or water conservation, and promote energy

- efficiency
that would not have the potential to cause significant changes do
not increase in the indoor or outdoor concentrations of potentially harmful substances. These actions may involve financial and technical assistance to individuals (such as builders, owners, consultants, manufacturers, and designers), Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.
The following EAs and F ONSIs support proposed B5.1(b):

**•** DOE/EA

- 1774: Ene rgy Conservation Standards for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters

, FONSI ( March 2010)

**•** DOE/EA

- 1748: Energy Conservation Program: Energy Conservation
Standards for Small Electric Motors

, FONSI ( March 2010)Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 39 organizations (such as utilities), and governments (such as state and

, local , and tribal) governments . Covered actions include,
but ar e not limited to : weatherization (such as insulation and replacing windows and doors); programmed lowering of thermostat settings

, ; placement of timers on hot water heaters

, ; installation of solar hot water or replacement of energy efficient lighting, low

- f low plumbing fixtures (such as faucets, toilets, and showerheads), heating, ventilation, and air conditioning systems, and appliances; installation of efficient lighting, drip

irrigation systems; improvements in generator efficiency and appliance efficienc y ratings

, ; efficiency improvements for vehicles and transportation (such as fleet changeout); power storage (such as flywheels and batteries, generally less than 10 megawatt equivalent); transportation management systems (such as traffic signal control sy stems, car navigation, speed cameras, and automatic plate number recognition); development of

energy

- efficient manufacturing or , industrial , or building practices

, ; and small

- scale energy efficiency and conservation and renewable energy research and devel opment and small

- scale pilot projects. The Covered actions could involve include building renovations or new structures , provided that in they occur in a previously disturbed or developed area. Covered
actions could involve commercial, residential, agricult ural

, academic, institutional , or industrial sectors. These Covered actions do not include rulemakings, standard

- settings, or proposed DOE legislation , except for those actions listed in B5.1(b) of this appendix

.

(b) Covered actions include rulemakings tha t establish energy conservation standards for consumer products and industrial equipment, provided that the actions would not: (1) have the potential to cause a significant change in manufacturing infrastructure (such as construction of new manufacturing p lants with considerable associated ground disturbance); (2) involve significant unresolved conflicts concerning alternative uses of available resources (such as rare or limited raw materials); (3) have the potential to result in a significant increase in t he disposal of materials posing significant risks to human health and the environment (such as RCRA hazardous wastes); or (4) **•** DOE/EA

- 1674: Energy Conser vation Program: Energy Conservation Standards for Refrigerated Bottled or Canned Beverage Vending Machines

, FONSI (August 2009)

**•** DOE/EA

- 1673: Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards and Test Procedures for Commercial Heating, Air

- Conditioning, and Water

- Heating Equipment

, F ONSI ( July 2009)

**•** DOE/EA

- 1664: Energy Conservation Standards: Energy Conservation Standards for Fluorescent and Incandescent Lamps

, FONSI ( June 2009)

**•** DOE/EA

- 1662: Energy Conservation Program: Energy Conservation Standards for Certain Consumer Products (Dishwashers, Dehumidifiers, Microwave Ovens, and Electric and Gas Kitchen Ranges and Ovens) and for Certain Commercial and Industrial Equipment (Commercial Clothes Washers)

, FONSI ( April 2009)

**•** DOE/EA

- 1643 Energy Conservation Program for Commercial and Industrial Equipment: Commercial Refrigeration Equipment Energy Conservation
Standard

, FONSI ( December 2008)

**•** DOE/EA

- 1637: Energy Conservation Program for Commercial and Industrial Equipment: Packaged Terminal Air Conditioner and Packaged Terminal Heat Pump Energy Conservation Standards (October 2008)

, FONSI ( November 2008)

**•** DOE/EA

- 1530: Energy Conservation Standards for Residential Furnaces and
Boilers (September 2007)

, FONSI ( November 2007)

**•** DOE/EA

- 1565: Adopted Energy Conservation Standards for Distribution
Transformers (July 2007)

, FONSI ( November 2007)

**•** DOE/EA

- 1352: Proposed Energy Conservation Standards for Residential
Central Air Conditioner and Heat Pu mps , FONSI ( January 2001)

DOE/EA

- 1352 ( Amended ) : Amended Energy Conservation Standards for
Residential Central Air Conditioner and Heat Pumps

, FONSI ( May 2002)

**•** DOE/EA

- 1344: Proposed Energy Conservation Standards for Residential
Clothe s Washers (December 2000)

, FONSI ( January 2001)

**•** DOE/EA

- 1138: Proposed Energy

- Conservation Standards for Refrigerators, Refrigerator

- Freezers, and Freezers

, FONSI ( April 1997)

**•** DOE/EA

- 0819: Energy Conservation Standards fo r Eight Types of Consumer Products: Room Air Conditioners, Water Heaters, Direct Heating Equipment,Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 40 have the potential to cause a significant increase in energy consumption in a state or region. Mobile Home Furnaces, Ranges and Ovens, Pool Heaters, Fluorescent Ballasts
and Televisions

, FONSI ( December 1992)

**•** DOE/EA

- 0386: Technical Support Document: Energy Conservation Standards for Consumer Products: Dishwashers, Clothes Washers, and Clothes Dryers (July 1989) FONSI (August 1989).

**•** DOE/EA

- 0372: Technical Support Document: Energy Conservation Standards for Consumer Products: Refrigerators, Furnaces, and Tele vision Sets

, FONSI ( November 1988)

**•** DOE/EA

- 0296: Proposed Energy Conservation Standards for New Commercial and Multifamily Highrise Residentia l Buildings

, FONSI ( November 1986)

**•** DOE/EA

- 0113: Energy Conservation Program for Consumer Products (products covered are : refrigerators a nd refrigerator/freezers , freezers, clothes dryers, water heaters, room air conditioners , home heating equipment , kitchen

ranges and ovens , central air conditioners, and furnaces )

, F ONSI ( June 1980)

B5.2 Modifications to oil, gas, and geothermal facility existing pump and piping configurations (including, but not limited to

, manifolds, metering systems, and other instrumentation that on such configurations conveying materials such a s air, brine, carbon dioxide, geothermal system fluids, hydrogen gas, natural gas, nitrogen gas, oil, produced water, steam, and water).
Covered modifications would not have the potential to cause significant changes to change design process flow rates or a ffect permitted air emissions. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.3 Modification (but not expansion) or plugging and abandon ment (including plugging)

, which is not part of site closure, of crude oil storage access wells, brine injection wells, geothermal wells, and gas wells of wells, provided that site characterization has verified a low potential for seismicity, subsidence, a nd contamination of freshwater aquifers, and the actions are otherwise consistent with best practices and DOE protocols
, including those that protect against uncontrolled releases of harmful materials. Such wells may include, but are not limited to, storag e and injection wells for brine, carbon dioxide, coalbed methane, gas hydrate, geothermal, natural gas, and oil. Covered modifications would not be part of site closure

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

Recur ring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 41 B5.4 Repair or , replacement , upgrading, rebuilding, or minor
relocation of sections of a crude oil, produced water, brine, or geothermal pipeline, if the actions are determined b y pipelines within existing rights

- of

- way, provided that the actions are in accordance with applicable requirements (such as Army Corps of Engineers to be within the maintenance provisions of a DOE permit permits under section 404 of the Clean Water Act ).
Pi pelines may convey materials including, but not limited to, air, brine, carbon dioxide, geothermal system fluids, hydrogen gas, natural gas, nitrogen gas, oil, produced water, steam, and water

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.5 Construction and subsequent operation of short crude oil, steam, geothermal, or natural gas (generally less than 20 miles in length) pipeline segments conveying materials (such as air, brine, carbon dioxide, geothermal system fluids, hydrogen gas, natural gas, nitrogen gas, oil, produced water, steam, and water)
between DOE existing source facilities and existing receiving facilities (such as facilities for use, reuse, transportation, storage,

or and refining facilities within a single industrial complex, if ), provided that the pipeline segments are within existing previously disturbed or developed rights

- of

- way. Discussion of the proposed changes is provid ed in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.6 Removal of oil and contaminated materials recovered in oil spill cleanup operations and disposal of these materials in accordance

w ith applicable requirements (such as the National Oil and Hazardous Substances Pollution Contingency Plan ) (NCP and disposed of in accordance with local contingency plans in
accordance with the NCP

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.7 Approval s or disapprovals of new authorization s or amendment s of existing authorization s to import / or export natural gas under
section 3 of the Natural Gas Act that does not involve minor new construction and only requires operational changes

, ( such as an increase changes in natural gas throughput, change in transportation, or and change in storage operations

. ) but not new
construction. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.8 Approval s or disapprovals of new authorization s or amendment s of existing authorization s to import / or export natural gas under
section 3 of the Natural Gas Act that involving involve a new Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 42 cogeneration powerplant s (as defined in the Powerplant and
Industrial Fuel Use Act of 1978, as amended ) within or adjacent contiguous to an existing industrial comp lex and requiring generally less than 10 miles of new natural gas pipeline or 20 miles within previously disturbed or developed rights

- of

- way

.

B5.9 The g G rant s or denials or denial of any temporary exemption s under the Powerplant and Industrial Fuel Use Act of 1978 , as amended, for any electric powerplant s

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

B5.10 For existing electric powerplants, The g g rant s or denials or denial of any permanent exemption s under the Powerplant and
Industrial Fuel Use Act of 1978 , as amended, of any existing electric powerplant othe r than an exemption s under (1) section 312(c) relating to cogeneration

, and (2) section 312( l) relating to scheduled equipment outages, (3) section 312( b) relating to certain state or local requirements , and (4) section 312(g) relating to certain intermedi ate load powerplants

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B5.11 For new electric powerplants, The g g rant s or denials or denial o f

a permanent exemption s from the prohibitions of Title II of the Powerplant and Industrial Fuel Use Act of 1978 , as amended, for any new electric powerplant to permit the use of certain fuel mixtures containing natural gas or petroleum. Recurring proposal s for subpart D are described in Section IV.B of the Preamble.

B5.12 Workover (operations to restore production, such as deepening, plugging back, pulling and resetting lines, and squeeze cementing) of an existing wells (including, but not limited to,

ac tivities associated with brine, carbon dioxide, coalbed methane, gas hydrate, geothermal, natural gas, and oil oil, gas, or geothermal well ) to restore production when functionality, provided that workover operations will be are restricted to the existing we llpad and do not involve any new site preparation or
earth work that would have the potential to cause significant impacts on nearby adversely affect adjacent habitat ; that site characterization has verified a low potential for seismicity, subsidence, and c ontamination of freshwater aquifers; and the actions are otherwise consistent with best practices and DOE protocols, including those that protect against uncontrolled
releases of harmful materials

. Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 43 Proposed new categorical exclusion :

B5.13 Siting, construction, operation, plugging, and abandonment of experimental wells for the injection of smal l quantities of carbon dioxide (and other incidentally co

- captured gases) in locally characterized, geologically secure storage formations at or near existing carbon dioxide sources to determine the suitability of the formations for large

- scale sequestrati on, provided that (1) the characterization has verified a low potential for seismicity, subsidence, and contamination of freshwater aquifers; (2) the wells are otherwise in accordance with applicable requirements, best practices, and DOE protocols, includi ng those that protect against uncontrolled releases of harmful materials; and (3) the wells and associated drilling activities are sufficiently remote so that they would not have the potential to cause significant impacts related to noise and other vibrati ons. Wells may be used for enhanced oil or natural gas recovery or for secure storage of
carbon dioxide in saline formations or other secure formations. Over the duration of a project, the wells would be used to inject, in aggregate, less than 500,000 tons of carbon dioxide into the geologic formation. Covered actions exclude activities in salt water and freshwater environments. (See B3.16 of this appendix for activities in salt water and freshwater environments.) Discussion of the proposed categorical excl usion is provided in Section IV.E of the
Preamble.
DOE has gained substantial experience with small

- scale carbon sequestration, showing
that these projects can be managed safely and would not have the potential to cause significant impacts . Information fr om small

- scale projects is needed to provide data
needed to ensure that commercial

- scale projects can be conducted safely and in an environmentally sound manner. Based on experience with small

- scale projects, DOE expects that the limitations in the propose d categorical exclusion (for example, that
total amount of carbon dioxide injected for all wells under a given project would not
exceed 500,000 tons over the duration of the project) will ensure that projects would not have significant impacts. Supporting environmental analyses include:

**•** DOE/EA

- 1625, Southeast Regional Carbon Sequestration Partnership (SECARB) Phase III Early Test, Oklahoma (August 2009)

, FONSI ( July 2009) (FONSI was based on EA , but EA print production and distribution followed FONSI issue date.)

**•** DOE/EA

- 1626, Midwest Geological Sequestration Consortium (MGSC) Phase III Large

- Scale Field Test, Decatur, Illinois (October 2008)

, FONSI ( November 2008)

**•** DOE/EA

- 1482, Pilot Experiment for Geological Sequestr ation of Carbon Dioxide in Saline Aquifer Brine Formations, Frio Formation, Liberty County,
Texas

, FONSI ( October 2003)
Further information about projects, supporting d ata, and the carbon sequestration program is available at:
www.fossil.energy.gov/fred/feprograms.jsp?prog=Carbon+Sequestration

. Program experts at DOE’s National Ener gy Technology Laboratory have prepared a white paper on DOE ’s experience with Carbon Capture and Sequestration ( CCS ) field tests and environmental impacts d uring their operation, Experience from Geologic
C arbon Di oxide Storage Field Projects Supported by DOE’s Sequestration Program ( September 2010)

. DOE’s experience with CCS field tests has shown that there is no potential for significant impact associated with these activities. This white paper is

supp orted by a list of the 20 small

- scale and 9 large

- scale field projects DOE has sponsored through the Regional Partnerships.

Proposed new categorical exclusion :

B 5.14 Conversion to, replacement of, or modific ation of combined heat and power or cogeneration systems (the sequential or Discussion of the proposed categorical exclusi on is provided in Section IV.E of the
Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 44 simultaneous production of multiple forms of energy, such as thermal and electrical energy, in a single integrated system) at existing facilities, provided that the conversion, rep lacement, or modification would not have the potential to cause a significant increase in the quantity or rate of air emissions and would not have the potential to cause significant impacts to water

resources.

Proposed new categorical exclusion :

B5.1 5 Small

- scale renewable energy research and development projects and small

- scale pilot projects located within a previously disturbed or developed area. Covered acti ons would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices. Discussion of the proposed categoric al exclusion is provided in Section IV.E of the
Preamble.

Proposed new categorical exclusion :

B5.1 6 The installation, modification, operation, and removal of commercially available solar photovoltaic systems located on a building or other structure (suc h as rooftop, parking lot or facility, and mounted to signage, lighting, gates, or fences), or if located on land, generally comprising less than 10 acres within a previously disturbed or developed area. Covered actions would be in accordance with applicab le requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.

DOE and other Federal agency experience with “co

- located” or “distributed” solar energy projects generally comprising 10 acres or less:

**•** DOE/EA

- 1622: University of Nevada, Las Veg as Research Center Foundation Solar Technology Center

, FONSI ( January 2009). Land photovoltaic
installations on 10 acres.

**•** DOE/EA

- 1573: Three Site Dev elopment Projects at NREL

- South Table
Mountain

, FONSI ( July 2007). Various solar photovoltaic technology
demon strations, including a ground photovoltaic installation on 2 acres.

**•** Fed eral Aviation Administration, Final EA/FONSI

– Photovoltaic Energy System at Lihue Airport, Lihue

, Island of Kauai, Hawaii ( August 2008). A solar roof installment on 2.9 acres of existing parking lot.

**•** Department of Labor, Job Corps

, Preliminary FONSI (74 FR 45252 ; Sept. 1,
2009 ) and Final FONSI for the Edison Job Corps Center Solar Photovoltaic (PV) Project Located at the Edison Job Corps Center, 500 Plainfield Avenue, Township of Edison, NJ 08817 (74 FR 57196; Nov. 4, 200 9 ). Approximately 2 acres of ground

- mounted photovoltaic modules (1,620 modules in total) onTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 45 undeveloped grass lawn surrounded by existing facilities.

**•** Department of Labor, Job Corps, Prelimi nary FONSI (74 FR 45252 ; Sept. 1,
2009 ) and Final FONSI for the Solar PV Project Located at Westover Job Corps Center, 103 Johnson Drive, Chicopee, MA (74 FR 51797; Nov. 4,
2009 ). Approxima tely 1.5 acres of stationary, solar photovoltaic panels in previously developed area adjacent to the closest electrical terminal at the Westover Job Corps Center.

**•** Department of Veterans Affairs, FONSI

- Rooftop solar PV power at Calverton National Cemetery ( August 2009). Project consists of ground mounted photovoltaic arrays at various locations on the Cemetery site and consists of photovoltaic arrays, inverters, and ancillary equipme nt to connect to existing building electrical system.

**•** Department of Veterans Affairs, FONSI

- Ground mounted solar photovoltaic power at San Joaquin National Cemetery ( August 2009) . Approximately 1.5 acres of stationary, solar photovoltaic panels in previously developed area to create a 150 to 200 kilowatt system adjacent to the closest electrical terminal at
the Cemetery

.

**•** Department of Agriculture Categorical Exclusion: 7 CFR 1794 .22 (a)(iii)(8)

- Construction of distributed energy generation totaling 10 MW or less at an existing utility, industrial, commercial or educational facility site.
Scientific and industry expert opinion reg arding varying scales of solar p hotovoltaic
techn ologies, including related environmental benefits and environmental impacts to various natural resources, is found in the following publication:

**•** National Academy of Sciences, National Academy of Engineering, and National Research Council, Committee on Amer ica’s Energy Future, America’s Energy Future: Technology and Transformation (National Academies Press, Washington, DC: 2009).

Proposed new categorical exclusion:

B5.1 7 The installation, modification, operation, and removal of commercially available small

- scale solar thermal systems (including, but not limited to, solar hot water systems) located on or contiguous to a building, and if located on land, generally comprising less than 10 acres within a previously disturbed or developed area. Covered actions wo uld be in accordance with applicable requirements (such as local land use and zoning Discussion of the proposed categorical exc lusion is provided in Section IV.E of the
Preamble.

**•** DOE/EA

- 1683: DOE Loan Guarantee to Abengoa Solar, Inc. for the Solana Thermal Electric Power Project near Gila Bend, AZ

, FONSI (May 2010) A 280 megawatt concentrating solar thermal power plant covering roughly 1,757

acres.

**•** DOE/EA

- 1622: University of Nevada, Las Vegas Research Foundation, Solar Technology Center

, FONSI (January 2009) . 10 acre site with testing areas intended for research and development of various solar technologies, includingTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 46 requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices. concentrating solar (ther mal) power.

Proposed new categorical exclusion:

B5.1 8 The installation, modification, operation, and removal of commercially available small wind turbines, with a total height generally less than 200 feet (measured from the ground to the maximum height of blade rotation) that (1) are located within a previously disturbed or developed area; (2) are located more than 10 nautical miles from an airport or aviation navigation aid; (3) are located more than 1.5 nautical miles from National
Weather Service or Fed eral Aviation Administration Doppler weather radar; (4) would not have the potential to cause significant impact s on bird or bat species; and ( 5) are sited or designed such that the project would not have the potential to cause significant impacts to perso ns (such as shadow flicker and other visual impacts, and noise). Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control tec hnologies and best management practices. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
(1) Support for wind turbine height less than 200 feet limitation:
The stated limitation of “total height of generally less than 200 feet” is based, in part, on U. S. Department of Transportation, Federal Aviation Administration (FAA) regulations (14 CFR 77 .13 ) that require any construction or alteration of more than 200 feet in height above the ground level to file a notice wit h the FAA for the completion of an aeronautical study and airspace determination. Similarly, FAA standards recommend obstruction marking or lighting for vertical structures greater than 200 feet. See FAA, Advisory Circular: Obstruction Marking and Lighting , Chapter 13 (2007).
DOE and other Federal agency experience with wind turbines of less than 200 feet in height:

**•** DOE/EA

- 1584: Sandpoint Wind Installation Project

, FONSI (September 2009)

. Installation of two 500 kilowatt wind turbines standing at a total maximum height (ground to maximum blade rotation) of 194 feet.

**•** DOE/EA

- 1280: Nome Alaska Wind Turbine

, FONSI (November 2000). Installation of up to two wind turbines. Wind turbine models under consideration include a 225 kilowatt measuring at 154 feet total height (ground to maximum blade rotation), and 550 kilowatt turbine measuring at 199 feet total height (ground to maximum blade rotation).

**•** DOE/EA

- 1245: Kotzebue Wind Project

, FONSI (May 199 8) Installation of ten turbines with maximum height (ground to maximum blade rotation) of 111.5 feet tall wind turbines to generate 0.66 megawatts of power.

**•** Department of Labo r, Job Corps, Preliminary FONSI (74 FR 45254 ; Sept. 1,
2009 ) and Final FONSI for a Small Wind Turbine Installation at Laredo (Texas) Job Corps Center (74 FR 212; Nov. 4, 2009)

. Construction of two, 10 kilowatt wind turbines with maximum height (ground to maximum blade rotation) of 151 feet located adjacent to existing Job Corps facilities.

**•** Department of Labor, Job Corps, Preliminary FONSI (74 FR 45254 ; Sept. 1,
2009 ) and Final FONSI for a Small Wind Turbine Installation at Angell (Oregon) Job Corps C enter (74 FR 212; Nov. 4, 2009) Construction of two, 10 kilowatt wind turbines with maximum height (ground to maximum bladeTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 47 rotation) of 151 feet located adjacent to existing Job Corps facilities.

**•** Department of Labor, Job Corps, Preliminary FONSI (74 FR 45254 ; Sept. 1,
2009 ) and Final FONSI for a Small Wind Turbine Installation at Cassadaga (New York) Job Corps Center (74 FR 212; Nov. 4, 2009). Construction of two,
10 kilowatt wind turbines with maximum height (ground to maximum blade rotation) of 151 feet located adjacent to existing Job Corps facilities.

(2) Support for location wind turbine more than 10 nautical miles from an a irport or
aviation aid:
The stated limitation of “located more than 10 nautical miles from an airport or aviation navigation aid” is based on requirements in 49 U.S.C. 44718 and FAA
Order 7400.2. The statute ( 49 U.S.C. 44718 ) requires that the Secretary o f Transportation (via the FAA) conduct an aeronautical study for any structure that is constructed that may interfere with air commerce, more specifically, those that may obstruct navigable airspace or pose an interference with air navigation
facilities an d equipment. Such a study is intended to “decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment.” (49 U.S.C. 44718 (b)(1)). FAA Order 7400.2 defines a “critical flight zone” in relation to navigable airspace and safety, as being airspace within 10
nautical miles (NM) in radius of an airport.

(3) Support for limitation regarding distance in nautical miles from radar : http: //www.roc.noaa.gov/WSR88D/WindFarm/TurbinesImpactOn.aspx?wid=dev

(4) Potential of wind turbines to impact avian and bat species or populations:
Impacts of wind turbines on birds and bats vary by region and by species, so turbine site selection is a key consid eration to design small wind project s that would not have the potential for significant impacts to birds and bats due to strikes/collisions with turbine components . The reports below find that fatalities likely have greater impacts on bat and raptor (e.g., owls and eagles) populations than on most bird populations because of the characteristically long life spans and low reproductive rates of both bats and raptors and because of a relatively low abundance of raptors. Cumulative impacts to bat populations ha ve a potential for significance due to a general region

- wide decline of bats in the Eastern U nited
S tates if initial project siting is not done appropriately (i.e., should be in accordance with industry best management practices).

**•** U.S. Fish and Wildlife Se rvice Wind Turbine Guidelines Advisory Committee, Recommended Guidelines to the Secretary , March 4, 2010. These guidelin es address: (1) proper evaluation of potential Wind Resource Areas (WRAs), (2) proper location and design of turbines and associated structures within WRAsTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 48 selected for development, and (3) pre

- and post

- construction research and monitoring to identify and /or assess impacts to wildlife. Such considerations and actions comprise examples of industry best management practices for siting and design of a wind turbine project that avoid significant impacts to
birds and bats.

**•** Bureau of Land Management, Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM Lands in the Western
United States (FES05

- 11), June 2005. Several impact areas are addressed in this programmatic FEIS, and DOE used findings of this EIS to support the identification of resource areas of particular concern with regard to wind turbines that were then incorporated into the proposed categorical exclusion language as limitations ( i.e., concerning impacts to bird and bat p opulations and acting in accordance with local land use and zoning requirements ). The
BLM document also identifie s considerations (i.e., best management practices) to be made during project siting and design

.

**•** National Academy of Sciences, Committee on Envi ronmental Impacts of
Wind

- Energy Projects, Environmental Impacts of Wind Energy Projects (The National Academies Press: Washington, D.C., 2007).
Government Accountability Office, Wind Power: Impacts on Wildlife and
Government Responsibilities for Regulating Development and Protecting
Wildlife (GAO

- 05

- 906), September 2005.
Both the National Academy of Sciences (NAS) and the Governme nt Accountability Office studies assess how wind turbines are sited at the local and state levels and associated considerations made during these processes that may be useful to reduce impacts to a variety of wildlife resources. However, the NAS study pro vides an overview of impacts of wind turbines on all natural resource areas, including impacts that may be experienced by humans.
DOE has experience with small wind projects that employed best management practices in siting and design that resulted in a pr oposal to DOE that posed no significant impacts to local and regional bird and bat populations.
For example, see:

**•** DOE/EA

- 1737: Environmental Assessment for DOE's Proposed Financial Assistance to Pennsylvania for Frey Farm Landfill Wind Energy Project, Manor Township, Lancaster, PA

, FONSI (February 2010). Installation of two wind turbines in former landfill to generate approximately 3.6 megawatts of electricity for adjacent dairy facilities.

**•** DOE/EA

- 1648: White Earth Nation Wind Energy Demonstration Project

,Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 49 FONSI (April 2009). Installation of single 750

- kilowatt wind turbine with maximum height of 230 feet.

**•** DOE/EA

- 1516: Environmental Assessment for the Proposed Clipper Windpower, Inc. Low Wind Speed Turbine Demonstration Pro ject, Carbon County, Wyoming

, FONSI (January 2005). Three

- year demonstration of a wind turbine designed to produce electricity at low speed with maximum output of 2.5 megawatts

. (5) Shadow flicker as impact to be avoided:
The categorical exclusion refers to shadow flicker as an impact to be avoided. Interposition of turbines between observers and the sun, particularly in the early and late hours of the day and during the winter sea son when sun angles are low, could produce a strobe

- like effect from flickering shadows cast by the moving rotors. At its most severe, shadow flicker would be temporary and limited to daylight hours; it may be significant, however, because of its motion an d frequency.
According to NAS (2007 , above ), if a turbine is located too close to a highway, the movement of the large rotor blades and possible resulting flicker can distract drivers, and flickering lights have been proven to be a risk to those suffering from epilepsy and are known to be a cause of migraine headaches.

BLM (2005 , above ) and DOE/EA

- 1737 (above) also have identified the potential for significant impacts from shadow flicker to public safety. The project evaluated
in DOE/EA

- 1737 incorporates p roper set

- back distances of the placement of turbines from occupied residences and other buildings that reflect an example of a best management practice that can avoid significant impact from the onset of project design.

(6) Noise as impact to be avoided:

T he categorical exclusion also refers to noise as an impact to people to be considered through siting and design of a project. Sound is a result of fluctuating air pressure. Noise is any unwanted, undesirable sound and can occur in different volumes and p itches depending on the type of source and the distance from a receptor. NAS (2007, above) indicates that noise from wind turbines is most
critical within a half

- mile of a project. Noise arises mainly from two sources: (1) mechanical noise caused by the gearbox and generator; and (2) aerodynamic noise caused by interaction of the turbine blades with the wind (generally heard as a “whooshing sound” as the blades of the turbine rotate). While most modern wind turbines have been designed to significantly re duce the noise of mechanical components (Colby, et al, 2009, below), aerodynamic noise (BLM, 2005 andTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 50 NAS, 2007, both above) may be avoided by incorporating best management practices, such as proper set

- back distances of the placement of turbines from

occu pied residences and buildings, or adjusting operation of the turbine at typically quiet times (e.g., night).

**•** Colby, W. David; Robert Dobie; Geoff Leventhall; David M. Lipscomb; Robert J. McCunney; Michael T. Seilo; and Bo Søndergaard, “Wind Turbine
Sound a nd Health Effects: An Expert Panel Review, ” December 2009. Prepared for: American Wind Energy Association and Canadian Wind Energy
Association. http://www.awea.org /newsroom/releases/AWEA_CanWEA_SoundWhitePaper _12

- 11

- 09.pdf . This is a white paper written by a scientific advisory panel, established by the American Wind Energy Association and Canadian Wind Energy Association, and comprised of acoustic engineers and s cientists. The panel undertook an extensive review, analysis, and discussion of peer

- reviewed literature on sound and health effects in general, and on sound produced by
wind turbines.

In addition, wind

- energy developers are required to meet local standa rds and/or noise regulations for acceptable sound levels. Acceptability standards for noise vary state and locality, and may vary with time of day (e.g., nighttime standards are generally stricter).

Proposed new categorical exclusion:

B5.1 9 The installat ion, modification, operation, and removal of commercially available small

- scale ground source heat pumps to support operations in single facilities (such as a school and community center) or contiguous facilities (such as an office complex) (1) only where major associated activities (such as drilling and discharge) are regulated, and appropriate leakage and contaminant control measures would be in place; (2) that would not have the potential to cause significant changes in subsurface temperature; and (3) wo uld be located within a previously disturbed or developed area. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control tech nologies and best management practices. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
DOE experience with direct use geothermal heat pumps:

**•** DOE/EA

- 157 1: Ohio St ate University, 4

- H Center with Green B uilding Technology

, FONSI (December 2006). Activities include design and construction of a hybrid geothermal /cooling tower, ventilation, and coo ling system.

**•** DOE/EA

- 1396: Small

- Scale Geothermal Power Plant and Direct

- Use Geothermal Application at AmeriCulture Inc

. , FONSI ( August 2002 ).
Activities include direct

- use of geothermal source for heating an a quaculture facility.

O ther Federal agency experience with direct use geothermal heat pumps:

**•** Department of Defense (DoD)

, Report to Congress: Ground

- Source Heat Pumps at Department of Defense Facilities (January 2007 ). This DoD report
concluded ground

- source heat pumps can be a cost effective alternative in newTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 51 construction and retrofitting of facilities.

**•** Environmental Protection Agency, A Manual on Environmental Issues Related to Geothermal Heat Pump Systems (1997 )

. This manual describes the key environmental issues, applicable regulatio ns and permitting, and principles of construction and operation of ground source heat pumps.

National Park Service (NPS) Categorical E xclu sion (DO12 3.4.C.16): Installation of underground utilities in areas showing clear evidence of recent human disturban ce or areas within an existing road prism or within an existing overhead utility right

- of

- way

.

Proposed new categorical exclusion:

B5. 20 The installation, modification, operation, and removal of small

scale biomass power plants (generally less than 10 me gawatts), using commercially available technology (1) intended primarily to support operations in single facilities (such as a school and community center) or contiguous facilities (such as an office complex); (2) that would not affect the air quality atta inment status of the area and would not have the potential to cause a significant increase in the quantity or rate of air emissions and would not have the potential to cause significant impacts to water resources; and (3) would be located within a previous ly disturbed or developed area. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management pra ctices. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.

**•** DOE/EA

- 1605: Environmental Assessment for Biomass Cogeneration and Heating Facilities at the Sa vannah River Site

, FONSI (August 2008). Proposed facilities include two wood

- fired boilers with backup oil

- fired boiler capabilities. The proposed facilities, sited on an abandoned borrow pit

, would produce from 6 to 15 megawatts of electricity for use at the Savannah River
Site.

**•** DOE/EA

- 1573: Three Site Development Projects at NREL

- South Table
Mountain

, FONSI (July 2007) . This EA analyzed construction of a small biomass heating plant to replace the existing natural gas system. The facility would operate as the primary winter heat source to the NREL research and support fac ilities, would not affect the air quality attainment status, and would be located adjacent to the existing facilities.

**•** DOE/EA

- 1568: Environmental Assessment for the Replacement Source of
Steam for A

- Area at the Savannah River Site

, FONSI (October 2006). New
facilities include a wood

- fired boiler and a backup oil

- fired boiler replacing a
coal

- fired boiler. The exist ing facility produced more steam than the site demanded. A newer and more efficient facility that would meet new air quality standards in 2007 was proposed adjacent to the existing facility.

Proposed new categorical exclusion:

B5. 2 1 The installation, mod ification, operation, and removal of commercially available methane gas recovery and utilization systems installed within a previously disturbed or developed area on or contiguous to an existing landfill or wastewater treatment plant that would not have th e potential to cause a Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 52 significant increase in the quantity or rate of air emissions. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate ap propriate control technologies and best management practices.

Proposed new categorical exclusion:

B5. 22 The installation, modification, operation, and removal of alternative fuel vehicle fueling stations (such as for compressed natural gas, hydrogen, ethanol and other commercially available biofuels) on the site of a current or former fueling station, or within a previously disturbed or developed area within the boundaries of a facility managed by the owners of a vehicle fleet. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate
control technologies and best management practices. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.

**•** DOE/EA

- 1620 : Burbank Hydrogen Fueling Station Project Fina l
Environmental Assessment

, FONSI (August 2008). Removal and replacement of existing hydrogen fueling station with upgraded hydrogen fueling station; analysis also includes operation of the fueling station.

Proposed new categorical exclusion:

B5. 23 The installation, modification, operation, and removal of electric vehicle charging stations, using commercially available technology, within a previously disturbed or developed area.
Covered act ions are limited to areas where access and parking are in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management pract ices. Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.

Proposed new categorical exclusion:

B5.24 The installation, modification, operation, and removal of commercially available small

- scale, drop

- in, run

- of

- the

- river hydroelectric systems that would (1) involve no water storage or
water diversion from the stream or river channel where the system is installed and (2) not have the potential to cause significant impacts on water quality, temperature, flow, or

v olume. Covered systems would be located up

- gradient of a Discussion of the proposed categorical exclusion is provided in Section IV.E of the
Preamble.
This categor ical exclusion was developed b ased on the input of DOE staff biologists and with the input of fish biologists, each having more than 20 years regulatory and fisheries management experience, and experience in areas of the country where hydroelectricity production is common

. The term “ru n

- of

- the

- river” as used in this categor ical exclusion refers to hydroelectric systems that are fully dependent on the natural flow of the river at the point of system installation. These systems would have no water storage in an impoundment orTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 53 natural anadromous fish barrier and where there would not be the potential for significant impacts to threatened or endangered species. Covered actions would involve no major construction or
modifica tion of stream or river channels, and the hydroelectric systems would be placed and secured in the channel without the use of heavy equipment. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requiremen ts) in the proposed project area and would incorporate appropriate control technologies and best management practices. otherwise, a nd would involve no water diversion from the stream or river channel where the system is installed, either through a pipe, tunnel, unlined or lined canal or trench, or other conveyance. The amount of electricity produced by “run

- of

- the

- river” systems in th is categor ical exclusion would be solely influenced by the naturally available water flow in the stream or river, which may fluctuate hourly, daily, and seasonally.
The term “drop

- in” as used in this categor ical exclusion refers to systems that are prefab ricated and placed into the river, rather than constructing a dam or other

structure on

- site.

The term “small

- scale” in this categor ical exclusion means that these actions would involve no stream or river channel modification, and that the hydroelectric sy stems would be placed and secured in the channel without the use of heavy equipment.

The limitations in the categorical exclusion define its scope so as to prevent changes in water flow rate or volume, water temperature, or sediment movement that would be substantial enough to result in direct, indirect, or cumulatively significant affects to fish, wildlife, habitat, and ecologically important processes. For example, impounding water behind a hydroelectric system can result in water flow changes that can af fect the ability of adult anadromous fish or other aquatic species to access their spawning areas. Flow changes can also increase or reduce sediment flushing that: is important for the survival of some aquatic species’ eggs; can alter the occurrence of in

- channel or
off

- channel pool size where juveniles forage and take cover; can cause a change in water temperature that could affect egg, juvenile, or adult survivability; and can affect the downstream movement of juveniles, ultimately resulting in their bein g trapped due to natural, low seasonal flows. These direct effects can lead to indirect effects to other aquatic or terrestrial species, including birds that feed on directly affected species. Cumulative effects can occur at a lower elevation in a given hy drological system, either on the same stream or river, or on a main stem river supplied by affected streams or rivers, due to combined flow effects.
To further ensure no significant effects occur, actions in this categor ical exclusion would be implemented only upstream of a natural anadromous fish barrier (a waterfall that has historically prevented anadromous fish passage), because many anadromous fish are listed as threatened or endangered under the Federal Endangered Species Act or state equivalent. In regions of the United States where anadromous fish occur, much of the naturally accessible stream mileage is used by one or more species of anadromous fish for reproduction and juvenile rearing, or may be used as a species begins to recover and its populat ion size and use of available habitat increases. The effects of small hydroelectric generation systems in these areas would have the potential to result in individually or cumulatively significant effects to threatened orTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 54 endangered anadromous fish, due to physical injury of adults or juveniles (such as entrainment in turbines), or disruption or degradation of spawning areas. Stream and river mileage upstream of natural fish barriers would not present such concerns.
This categorical exclusion was developed in part with input from environmental professionals with experience in areas of the United States where hydroelectricity production is common, including:

**•** Kevin Maurice: 26 years research and regulatory experience, including 8 years endangered species resea rch experience with a Federal Agency, and 16 years Federal regulatory and conservation work including Endangered Species Act consultations and habitat conservation plan development, dealing with effects to aquatic environments and species; Bachelor of Scie nce in Forest Biology, with a dual wildlife and fisheries major, State University of New York, College of Environmental Science and Forestry.

**•** Jon Hale: 25 years research, regulatory and applied biology experience, including 1 year of aquaculture experience and 24 years researching, assessing, and managing effects to fish and wildlife and their habitats (as a result of private and governmental actions, across the contiguous United States, Alaska, Hawaii, and Pacific islands, territories, and nations ); Bachel or of Science in Marine Biology, Texas A&M University at Galveston.

Proposed new categorical exclusion:

B5.25 Small

- scale renewable energy research and development projects and small

- scale pilot projects located in salt water and
freshwater environments. Activities would be in accordance with, where applicable, an approved spill prevention, control, and response plan, and would incorporate appropriate control technologies and best management practices. Covered actions would not occur (1) within areas of ha zardous natural bottom conditions or (2) within the boundary of an established marine sanctuary or wildlife refuge, a governmentally proposed marine sanctuary or wildlife refuge, or a governmentally recognized area of high biological sensitivity (such as p rotected areas and other areas of known ecological importance, whale and marine mammal mating and calving/pupping areas, and fish and invertebrate spawning and nursery areas recognized as being limited or unique and vulnerable to perturbation; these areas can occur in bays, estuaries, near shore, and far offshore, and may Technical Support Memo randum and Appendices provided by A RPA

- E

.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 55 vary seasonally), or outside those areas if the activities would have the potential to cause significant impacts within those areas. No permanent facilities or devices would be constructed or installed. Covered actions do not include drilling of resource exploration or extraction wells, use of large

- scale vibratory coring techniques, or seismic activities other than passive techniques.

B6 Categorical Exclusions Applicable to Environmental Restoration and Waste Management Activities

B6.1 Small

- scale, short

- term cleanup actions, under RCRA, Atomic Energy Act, or other authorities, less than approximately 5 10
million dollars in cost and 5 years duration , to reduce risk to
human health or the environment from the release or threat of release of a hazardous substance other than high

- level radioactive waste and spent nuclear fuel, including treatment ( e.g., such as incineration , encapsulation, physical or chemical separation, and compaction ), recovery, storage, or disposal of

wa stes 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 ex ample such as

, drums and

, barrels) that contain or may contain hazardous substances, pollutants, contaminants, CERCLA

- excluded petroleum or natural gas products, or hazardous wastes (designated in 40 CFR part 261 or applicable state requirements), if such

a ctions would reduce the likelihood of spillage, leakage, fire, explosion, or exposure to humans, animals, or the food chain; (c) Removal of an underground storage tank including its Discussion of the proposed changes is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are des cribed in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 56 associated piping and underlying containment systems in compliance with acc ordance with applicable requirements (such as RCRA, subtitle I; 40 CFR part 265, subpart J; and 40 CFR part 280, subparts F and G ) if such action would reduce the likelihood of spillage, leakage, or the spread of, or direct contact with, contamination; (d) Repair or replacement of leaking containers; (e) Capping or other containment of contaminated soils or sludges if the capping or containment would not
affect unduly limit future groundwater remediation and if needed to reduce migration of hazardous substan ces, 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) Confinem ent or perimeter protection using dikes, trenches, ditches, or diversions, or installing underground barriers, if needed to reduce the spread of, or direct contact with, the contamination; (h) Stabilization, but not expansion, of berms, dikes, impoundments , or caps if needed to maintain integrity of the
structures; (i) Drainage controls ( for example, such as run

- off or run

- on diversion) if needed to reduce offsite migration of hazardous substances, pollutants, contaminants, or CERCLA

- excluded petroleum or na tural 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 soilTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 57 to remove methane or petroleum vapors without any toxic or
radioactive co

- contaminants if appropriate filtration or gas treatment is in place; (n) Installation of fences, warning signs, or other security or site control precautions if humans or animals have access to the release; and (o) Provision of an alternative water supply that would not create new water sources if necessary immediately to reduce exposure to contaminat ed household or industrial use water and continuing until such time as local authorities can satisfy the need for a permanent remedy.

B6.2 The siting, construction, and operation of temporary (generally less than 2 years) pilot

- scale waste collection and treatment facilities, and pilot

- scale (generally less than one 1 acre) waste
stabilization and containment facilities (including siting, construction, and operation of a small

- scale laboratory building or renovation of a room in an existing building for sample analysis ) if ), provided that the action : (1) S s upports remedial investigations/feasibilit y studies under CERCLA, or similar
studies under RCRA

, ( such as RCRA facility investigations/corrective measure studies

, ) or other authorities

, and (2) would not unduly limit the choice of reasonable remedial alternatives ( such as by permanently altering s ubstantial site area or by committing large amounts of funds relative to the scope of the remedial alternatives). Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B6.3 Improvements to environmental monitoring and control systems of an existing building or structure ( for example, such as changes to scrubbers in air quality control systems or ion

- exchange devices and other filtration processes in water treatment systems ) if ), provided that during subsequent operations (1) any substance collected by the environmental control systems would be recycled, released, or disposed of within existing permitted facilities and (2) there are applicable statutory or regulatory requirements or permit conditions for disposal, release, or

recy cling of any hazardous substance or CERCLA

- excluded petroleum or natural gas products that are collected or released in increased quantity or that were not previously collected or
released. Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 5 8 B6.4 Siting, construction (or

, modification or , expansion ) , operation, and decommissioning of an onsite facility for storing packaged hazardous waste (as designated in 40 CFR part 261) for 90 days or less or for longer periods as provided in 40 CFR 262.34 (d), (e), or (f) ( e.g., such as accumulation or satellite areas). Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B6.5 Siting, construction (or

, modification or , expansion ) , operation, and decommissioning of an onsite facility for characterizing and sorting previously packaged waste or for overpacking waste, other than high

- level radioactive waste, if provided that operations do not involve unpacking waste. These actions do not include waste storage (covered under B6.4, B6.6, B6.10 of this appendix , and C16 of appendix C ) or the handling of spent
nuclear fuel. Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B6.7 Under the Low

- Level Radioactive Waste Policy Amendments
Act of 1985 (5(c)(5)), granting of a petition qualified under 10 CFR 730.6 for allocation of commercial disposal capacity for an unusual or unexpected volume of commercial low

- level radioactive waste or denying such a petition when adequate storage capacity exist s at the petitioner's facility.

B6.7 [Reserved] Discussion of the proposed change is provided in Section IV.E of the Preamble.

B6.10 Siting, construction (or

, modification )

, expansion, operation, and decommissioning of a small upgraded or replacement fa cility (less than approximately 50,000 square feet in area) at a DOE
site within or contiguous to an already a previously disturbed or developed area (where active utilities and currently used roads are readily accessible) for storage of waste that is alrea dy 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, B 6.5,
B6.6 of this appendix , and C16 of appendix C

. ) Discussion of the proposed change is provided in Section IV.E of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

B7 Categorical Exclusions Applicable to I nternational Activities

B7.2 Approval of import or export of small quantities of special nuclear materials or isotopic materials in accordance with Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 59 applicable requirements (such as the Nuclear Non

- Proliferation
Act of 1978 and the “Procedures Established Pursuant to the
Nuclear Non Non

- Proliferation Act of 1978” (43 FR 25326, June 9, 1978) )

.

Appendix C

C2 Rate increases for products or services marketed by DOE, except
for el ectric power, power transmission, and other products or services provided by the Power Marketing Administrations, and approval of rate increases for non

- DOE entities, that exceed the change in the overall price level in the economy (inflation), as
measured by the GNP fixed weight price index published by the Department of Commerce, during the period since the last rate increase for that product or service.

C2 [Reserved] Discussion of the proposed changes is provided in Section IV.F of the Preamble.

C4 Upgr ading or rebuilding more than approximately 20 miles in length of existing electric transmission lines; or construction of electric transmission lines (1) more than approximately 10 miles in length outside previously disturbed or developed transmission
lin e or pipeline rights

- of

- way or (2) more than approximately 20 miles in length within previously disturbed or developed transmission line or pipeline rights

- of

- way.

Reconstructing (upgrading or rebuilding) existing electric powerlines more than approximatel y 20 miles in length or constructing new electric powerlines more than approximately 10 miles in length. Discussion of the proposed changes is provided in Section IV.F of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of th e Preamble.

C7 Establishment and implementation of contracts, policies, and marketing and allocation plans related to electric power acquisition or transmission , or allocation plans for the allocation of electric power that do not involve (1) the interc onnection of, or acquisition of power from, addition of new generation

resources greater that are equal to or less than 50 average megawatts and that would not be eligible for categorical exclusion under this part

, ; (2) major changes in the normal Discussion of the proposed changes is provided in Section IV.F of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 60 operati ng limits of generation resources greater equal to or less than 50 average megawatts

, ; or (3) service to discrete new loads
of less than 10 average megawatts or more over a 12 12

- month period. This applies to power marketing operations and to siting,

const ruction, and operation of power generating facilities at
DOE sites.

C8 Large

- scale activiti es undertaken to protect cultural resources (such as fencing, labeling, and flagging) or to protect, restore, or improve fish and wildlife habitat, fish passage facilities (such as fish ladders and minor diversion channels), or
fisheries. Protection

, restor ation , or improve ment of fish and wildlife habitat, fish passage facilities, and fish hatcheries if the proposed action may adversely affect an environmentally
sensitive resource

. Discussion of the proposed changes is provided in Section IV.F of the Preamb le.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

C11 Siting, construction ( or modification ) , operation, and decommissioning of a low

- or medium

- energy ( but greater
than when the primary beam energy exceeds approximatel y 100
million electron volts MeV primary beam energy and the average beam power exceeds approximately 250 kilowatts or where the average current exceeds 2.5 milliamperes ) particle acceleration
facilit ies y , including electron beam acceleration facilities, and associated beamlines, storage rings, colliders, and detectors for research and medical purposes, within or contiguous to an already a previously disturbed or developed area (where active utilities and currently used roads are readily accessible). Discussio n of the proposed changes is provided in Section IV.F of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

C12 Siting, construction, and operation of energy system prototypes demonstration actions ( including, but not limited to, wind resource, hydropower, geothermal, fossil fuel, biomass, and solar energy , but excluding nuclear). pilot projects

. For purposes of this category, “demonstration actions” means actions that are
undertaken at a scale to show whether a technology would be viable on a larger scale and suitable for commercial deployment. Demonstration actions frequently follow research and development and pilot projects that are directed at establishing proof of concept. Discussion of the proposed change s is provided in Section IV.F of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 61 C13 Approval s or disapproval s of an application authorizations to import / or export natural gas under section 3 of the Natural Gas Act involving minor new construction (other than a cogeneration powerplant)

, ( such as adding new connections, looping, or compression to an existing natural gas pipeline or liquefied natural gas pipeline, or converting an existing oil pipeline to a natural gas pipeline using the same right

- of

- way

. ). Discussion of the proposed cha nges is provided in Section IV.F of the Preamble.

C15 Siting, construction (or expansion), and operation of research and development incinerators for any type of waste and of any other incinerators that would treat nonhazardous solid waste (as designate d in 40 CFR Part 261.4(b)). Recurring proposals for subpart D are described in Section IV.B of the Preamble.

C16 Siting, construction

, (or modification to increase capacity )

, operation, and decommissioning of packaging and unpacking facilities ( that may include such as characterization operations) and large storage facilities (greater than approximately 50,000 square feet in area) for waste, except high

- level radioactive waste, generated onsite or resulting from activities connected to site operations. The se actions do not include storage, packaging, or unpacking of spent nuclear fuel. ( See also B6.4, B6.5, B6.6,
and B6.10 of appendix B

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

Appendix D

D1 Strategic Systems, as defined in DOE Order 430.1, “Life

- Cycle Asset Management” or its successor

, and designated by the Secretary. Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D5 Main transmission system additions (that is, additions of new transmission lines) to a Power Marketing Administration's main transmission grid.

D5 [Reserved] Discussion of the proposed changes is provided in Section IV.G of the Preamble.
The following documents illustrate that impacts from electric transmission fac ilities and lines may be mitigated to be non

- significant. Therefore, the level of NEPA review for transmission facilities and lines that are not categorically excluded is at least an EA level, but does not necessarily warrant an EIS level.

**•** DOE/ EIS

- 038 9 : Trinity Public Utilities District Direct Interconnection Project

, Record of Decision (R OD ) (January 2008 ), Mitigation Action Plan (MAP)

. The EIS analyzed impacts from improvements to power system reliability in Trinity County, California, by Western’s action to remove about 5.3 miles ofTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 62 existing 12

- kV distribution line, and construct, operate, and maintain about 16
miles of new 60

- kV transmission line, a three

- way switching structure and associated equipment, and a new switchyard. The EIS identified best management practices and mitigation measures, all of which were committ ed to in the ROD and Western’s Mitigation Action Plan (MAP). The ROD stated that, with implementation of those requirements and measures, all identified potential impacts would be reduced to less than significant levels.

**•** DOE/ EIS

- 0323

- S : Sacramento Area Voltage Support Project

, ROD (May
2008 ), MAP

. This EIS analyzed con struction of a new double

- circuit, 230

- kilovolt (kV) transmission line, approximately 31 miles long, between Western’s O’Banion Substation and the area just south of the Sacramento Municipal Utility District’s (SMUD) Elverta Substation and reconstruction of SMUD’s existing 230 kV/115 kV transmission line between SMUD’s Elverta
and Natomas substations into a double

- circuit 230 kV line. The ROD stated that Western has proactively developed Environmental Protection Measures (EPMs) to protect sensitive resourc es in the field and the EPMs would be implemented as part of the Project. Western developed 104 EPMs to reduce environmental consequences associated with construction and operation activities. Western determined environmental consequences based on the

assu mption that all EPMs would be fully implemented. These EPMs ensure that environmental harm from building the Project will be avoided or
minimized. In addition to EPMs already developed, Western would incorporate mitigation measures identified during consul tation with appropriate agencies. All recommended mitigation measures from applicable air districts would be applied to the project. Therefore, no significant direct, indirect, or cumulative effects would result from any of the alternatives analyzed in the EIS.

**•** DOE/ EIS

- 0294 : Sutter Power Project

, ROD (May 1999), MAP

. This EIS analyzed the direct interconnection of Calpine Corporation’s (Calpine) proposed Sutter Power Project (SPP), a geothermal facility, with Western’s electric transmission system. These facilities include a natural gas pipeline, new switching station, and approximately 4 miles of new 230

- kilovolt (kV) transmission line. As the ROD stated, Western has determined that no significant environmental impacts will result from the construction, operation, and maintenance of the SPP or its ancillary fa cilities. With the 165 mitigation measures adopted, the Project will not have a significant effect on any portion
of the human environment.

**•** DOE/ EA

- 1425 : BPA/Raymond

- Cosmopolis Transmission Line RebuildTechnical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 63 Project

, FONSI (August 2003), MAP

. The EA analyzed the rebuild of, and addition of fiber optic cable to, the Raymond

– Cos mopolis 115

- kV, 18.3 mile long transmission line, located in Pacific and Grays Harbor Counties in Washington. Based on the analysis in the EA and the mitigation that will be implemented to reduce adverse impacts, there would be no significant impacts
to th e following: land use, geology and soil, vegetation, wildlife, water quality, wetlands and floodplains, visual quality, air quality, socioeconomics, cultural resources, and health and safety. The MAP includes some measures that are
essential to render the impacts of the proposed action not significant and other measures that will decrease impacts that did not reach the level to be considered significant.

D6 Integrating transmission facilities (that is, transmission system additions for integrating major new sources of generation into a Power Marketing Administration's main grid).

D6 [Reserved] See explanation for D5, above.

D7 Establishment and implementation of contracts, policies, and marketing and allocation plans or related to electric power acquisi tion or transmission allocation plans for the allocation of electric power that involve (1) the interconnection of, or acquisition of power from, addition of new generation resources greater than 50 average megawatts

, ; (2) major changes in the
normal oper ating limits of generation resources greater than 50 average megawatts

, ; or (3) service to discrete new loads of 10 average megawatts or more over a 12 12

- month period. This applies to power marketing operations and to siting construction,
and operation o f power generating facilities at DOE sites. Discussion of the proposed changes is provided in Section IV.G of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D8 Approval s or disapprovals or disapproval of an application s authorizations to import or / export natural gas under section 3 of the Natural Gas Act involving major new natural gas pipeline construction of major new natural gas pipelines or related facilities

, ( such as construction of new liquid liquefie d natural gas (LNG) terminals

, and regasification or storage
facilities )

, or a significant expansion s and modifications of an existing pipeline s or related facility or LNG terminal, regasification, or storage facility facilities

. ). Discussion of the propose d changes is provided in Section IV.G of the Preamble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.Technical Support Document Supporting Information for DOE Notice of Proposed Rulemaking Page 64 D9 Approval s or disapprovals or disapproval of an application authorizations to import or / export natural gas under

se ction 3 of the Natural Gas Act involving a significant major operational change s , ( such as a major increase in the quantity of liquid liquefied natural gas imported or exported

. ). Discussion of the proposed changes is provided in Section IV.G of the Pream ble.
Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D10 Siting, construction, operation, and decommissioning of major treatment, storage, and disposal facilities for high

- level waste and spent nuclear fuel, including g eologic repositories, but not including onsite replacement or upgrades of storage facilities for spent nuclear fuel at DOE sites where such replacement or upgrade will would not result in increased storage capacity. Recurring proposals for subpart D are de scribed in Section IV.B of the Preamble.

D11 Siting, construction ( or expansion ) , and operation of a disposal facility facilities for transuranic (TRU) waste and TRU mixed waste (TRU waste also containing hazardous waste as designated in 40 CFR part 261 ). Recurring proposals for subpart D are described in Section IV.B of the Preamble.

D12 Siting, construction, and operation of incinerators, other than research and development incinerators or incinerators for nonhazardous solid waste (as designated in 4 0 CFR part 261.4(b)). Recurring proposals for subpart D are described in Section IV.B of the Preamble.