```

[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102141-102144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29608]

=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK

Adoption of Categorical Exclusions from the Department of Energy 
Under the National Environmental Policy Act

AGENCY: Export-Import Bank of the United States.

ACTION: Notice of adoption of multiple Categorical Exclusions from the 
Department of Energy.

-----------------------------------------------------------------------

SUMMARY: The Export-Import Bank of the United States (EXIM) is adopting 
multiple categorical exclusions (CEs) from the agencies as listed: 
Department of Energy Ces A9, B1.15, B1.23, B2.1, B2.2, and B3.1. This 
notice identifies the categories of proposed actions and describes the 
consultation between the agencies.

DATES: The Ces identified below are available for EXIM to use for its 
proposed actions effective December 17, 2024.

FOR FURTHER INFORMATION CONTACT: Scott Condren (VP Policy Analysis), 
[email protected], (202) 565-3777; Tiffin Caverly (VP Engineering 
& Environment), [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

NEPA and Ces

    The National Environmental Policy Act, 42 U.S.C. 4321-4347, (NEPA) 
requires Federal agencies to interpret and administer Federal policies, 
regulations, and laws in accordance with NEPA's policies and to 
consider environmental values in their decision making.
    Federal agencies are required to provide a detailed statement on 
proposals for major Federal actions significantly affecting the quality 
of the human environment.\1\ NEPA also created the Council of 
Environmental Quality (CEQ) as the body responsible for implementing 
NEPA.
---------------------------------------------------------------------------

    \1\ 40 CFR 1500.1.
---------------------------------------------------------------------------

    Categorical exclusions (Ces) can be used when there is a 
determination the proposed type of action would not have a significant 
effect on the human environment; this option eliminates the need for an 
environmental assessment (EA) or more detailed environmental impact 
statement (EIS).\2\ CEQ considers Ces ``an important mechanism to 
promote efficiency in the NEPA process'' and recognizes an agency's 
ability to ``identify and substantiate categories of actions that 
normally do not have a significant effect on the human 
environment''.\3\
---------------------------------------------------------------------------

    \2\ 40 CFR 1501.4.
    \3\ 88 FR 49924.
---------------------------------------------------------------------------

    Section 109 of NEPA, enacted as part of the Fiscal Responsibility 
Act of 2023, allows a Federal agency to ``adopt'' or use another 
agency's Ces for a category of proposed agency actions.\4\ To use 
another agency's Ces under section 109, an agency must identify the 
relevant Ces listed in another agency's (``establishing agency'') NEPA 
procedures that cover its category of proposed actions or related 
actions; consult with the establishing agency to ensure that the

[[Page 102142]]

proposed adoption of the CE to a category of actions is appropriate; 
identify to the public the CE that the agency plans to use for its 
proposed actions; and document adoption of the CE. EXIM has prepared 
this notice to meet these statutory requirements.
---------------------------------------------------------------------------

    \4\ 42 U.S.C. 4336c.
---------------------------------------------------------------------------

Program Background

    As the official export credit agency of the United States, ``the 
mission of the Export-Import Bank of the United States is to support 
the creation of American jobs by facilitating the export of U.S. goods 
and services.'' The Export-Import Bank of the United States (EXIM) 
steps in when the private sector does not provide financing for 
American businesses. The Bank's actions have historically helped 
support these firms in competing with foreign businesses overseas. The 
Make More in America (MMIA) initiative applies EXIM's authorities for 
medium and long-term (MLT) loans, loan guarantees, and insurance to 
export-oriented domestic projects. In doing so, MMIA allows EXIM to 
support American business during the whole export lifecycle. The 
purpose of such loans remains unchanged: to support U.S. employment.
    As EXIM usually lends to projects outside the United States, NEPA 
has not often been applicable as there is no impact to the human 
environment in the United States. In the new MMIA initiative which 
focuses on domestic lending, adopting Ces from another agency will 
speed up the processing time of deals and conserve staff resources with 
no need for an EA or EIS. Faster processing times in this initiative 
will greatly facilitate EXIM's support of American businesses and 
workers.

II. Identification of the Categorical Exclusions

Department of Energy Ces

A9 Information Gathering, Analysis, and Dissemination
    Information gathering (including, but not limited to, literature 
surveys, inventories, site visits, and audits), data analysis 
(including, but not limited to, computer modeling), document 
preparation (including, but not limited to, conceptual design, 
feasibility studies, and analytical energy supply and demand studies), 
and information dissemination (including, but not limited to, document 
publication and distribution, and classroom training and informational 
programs), but not including site characterization or environmental 
monitoring. (See also B3.1 of appendix B to this subpart.)
B1.15 Supporting Buildings
    Siting, construction or modification, and operation of support 
buildings and support structures (including, but not limited to, 
trailers and prefabricated and modular buildings) within or contiguous 
to an already developed area (where active utilities and currently used 
roads are readily accessible). Covered support buildings and structures 
include, but are not limited to, those for office purposes; parking; 
cafeteria services; education and training; visitor reception; computer 
and data processing services; health services or recreation activities; 
routine maintenance activities; storage of supplies and equipment for 
administrative services and routine maintenance activities; security 
(such as security posts); fire protection; small-scale fabrication 
(such as machine shop activities), assembly, and testing of non-nuclear 
equipment or components; and similar support purposes, but exclude 
facilities for nuclear weapons activities and waste storage activities, 
such as activities covered in B1.10, B1.29, B1.35, B2.6, B6.2, B6.4, 
B6.5, B6.6, and B6.10 of this appendix.
B1.23 Demolition and Disposal of Buildings
    Demolition and subsequent disposal of buildings, equipment, and 
support structures (including, but not limited to, smoke stacks and 
parking lot surfaces), provided that there would be no potential for 
release of substances at a level, or in a form, that could pose a 
threat to public health or the environment.
B2.1 Workplace Enhancements
    Modifications within or contiguous to an existing structure, in a 
previously disturbed or developed area, to enhance workplace 
habitability (including, but not limited to, installation or 
improvements to lighting, radiation shielding, or heating/ventilating/
air conditioning and its instrumentation, and noise reduction).
B2.2 Building and Equipment Instrumentation
    Installation of, or improvements to, building and equipment 
instrumentation (including, but not limited to, remote control panels, 
remote monitoring capability, alarm and surveillance systems, control 
systems to provide automatic shutdown, fire detection and protection 
systems, water consumption monitors and flow control systems, 
announcement and emergency warning systems, criticality and radiation 
monitors and alarms, and safeguards and security equipment).
B3.1 Site Characterization and Environmental Monitoring
    Site characterization and environmental monitoring (including, but 
not limited to, siting, construction, modification, operation, and 
dismantlement and removal or otherwise proper closure (such as of a 
well) of characterization and monitoring devices, and siting, 
construction, and associated operation of a small-scale laboratory 
building or renovation of a room in an existing building for sample 
analysis). Such activities would be designed in conformance with 
applicable requirements and use best management practices to limit the 
potential effects of any resultant ground disturbance. Covered 
activities include, but are not limited to, site characterization and 
environmental monitoring under CERCLA and RCRA. (This class of actions 
excludes activities in aquatic environments. See B3.16 of this appendix 
for such activities.) Specific activities include, but are not limited 
to:
    (a) Geological, geophysical (such as gravity, magnetic, electrical, 
seismic, radar, and temperature gradient), geochemical, and engineering 
surveys and mapping, and the establishment of survey marks. Seismic 
techniques would not include large-scale reflection or refraction 
testing;
    (b) Installation and operation of field instruments (such as 
stream-gauging stations or flow-measuring devices, telemetry systems, 
geochemical monitoring tools, and geophysical exploration tools);
    (c) Drilling of wells for sampling or monitoring of groundwater or 
the vadose (unsaturated) zone, well logging, and installation of water-
level recording devices in wells;
    (d) Aquifer and underground reservoir response testing;
    (e) Installation and operation of ambient air monitoring equipment;
    (f) Sampling and characterization of water, soil, rock, or 
contaminants (such as drilling using truck- or mobile-scale equipment, 
and modification, use, and plugging of boreholes); 5
    (g) Sampling and characterization of water effluents, air 
emissions, or solid waste streams;
    (h) Installation and operation of meteorological towers and 
associated activities (such as assessment of potential wind energy 
resources);
    (i) Sampling of flora or fauna; and
    (j) Archeological, historic, and cultural resource identification 
in compliance with 36 CFR part 800 and 43 CFR part 7.
    The Department of Energy Ces also includes additional conditions 
referred

[[Page 102143]]

to as integral elements. (10 CFR part 1021 subpt. D, app. B) In order 
to apply these CEs, the proposal must be one that would not:
    (1) Threaten a violation of applicable statutory, regulatory, or 
permit requirements for environment, safety, and health, or similar 
requirements of the Department of Energy or Executive Orders;
    (2) Require siting and construction or major expansion of waste 
storage, disposal, recovery, or treatment facilities (including 
incinerators), but the proposal may include categorically excluded 
waste storage, disposal, recovery, or treatment actions or facilities;
    (3) Disturb hazardous substances, pollutants, contaminants, or 
Comprehensive Environmental Response, Compensation and Liability Act-
excluded petroleum and natural gas products that preexist in the 
environment such that there would be uncontrolled or unpermitted 
releases;
    (4) Have the potential to cause significant impacts on 
environmentally sensitive resources. An environmentally sensitive 
resource is typically a resource that has been identified as needing 
protection through Executive Order, statute, or regulation by Federal, 
State, or local government, or a Federally recognized Indian Tribe. An 
action may be categorically excluded if, although sensitive resources 
are present, the action would not have the potential to cause 
significant impacts on those resources (such as construction of a 
building with its foundation well above a sole-source aquifer or upland 
surface soil removal on a site that has wetlands). Environmentally 
sensitive resources include, but are not limited to:
    (i) Property (such as sites, buildings, structures, and objects) of 
historic, archeological, or architectural significance designated by a 
Federal, State, or local government, federally recognized Indian Tribe, 
or Native Hawaiian organization; or property determined to be eligible 
for listing on the National Register of Historic Places;
    (ii) Federally listed threatened or endangered species or their 
habitat (including critical habitat) or federally proposed or candidate 
species or their habitat (Endangered Species Act); state-listed or 
state-proposed endangered or threatened species or their habitat; 
Federally protected marine mammals and Essential Fish Habitat (Marine 
Mammal Protection Act; Magnuson-Stevens Fishery Conservation and 
Management Act); and otherwise Federally protected species (such as the 
Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act);
    (iii) Floodplains and wetlands (as defined in 10 CFR 1022.4, 
``Compliance with Floodplain and Wetland Environmental Review 
Requirements: Definitions,'' or its successor);
    (iv) Areas having a special designation such as Federally and 
State-designated wilderness areas, national parks, national monuments, 
national natural landmarks, wild and scenic rivers, State and Federal 
wildlife refuges, scenic areas (such as National Scenic and Historic 
Trails or National Scenic Areas), and marine sanctuaries;
    (v) Prime or unique farmland, or other farmland of statewide or 
local importance, as defined at 7 CFR 658.2(a), ``Farmland Protection 
Policy Act: Definitions,'' or its successor;
    (vi) Special sources of water (such as sole-source aquifers, 
wellhead protection areas, and other water sources that are vital in a 
region); and
    (vii) Tundra, coral reefs, or rain forests; or
    (5) Involve genetically engineered organisms, synthetic biology, 
governmentally designated noxious weeds, or invasive species, unless 
the proposed activity would be contained or confined in a manner 
designed and operated to prevent unauthorized release into the 
environment and conducted in accordance with applicable requirements, 
such as those of the Department of Agriculture, the Environmental 
Protection Agency, and the National Institutes of Health.
    EXIM intends to apply these categorical exclusions to loans, loan 
guarantees, and insurance transactions. The scope of projects would be 
akin to projects from the Department of Energy's Loans Program Office 
to which DOE has applied these categorical exclusions. These include 
limited construction, full disposal of buildings, desk work for 
feasibility studies, soil testing, etc. In principle, such transactions 
would be similar to those EXIM's export finance transactions deemed a 
category C under its environmental and social procedures and 
guidelines.\5\
---------------------------------------------------------------------------

    \5\ EXIM's Environmental and Social Due Diligence Procedures and 
Guidelines state that ``applications greater than $10 Million will 
be classified as Category C if they are not related to a physical 
project or if they relate to projects which do not require further 
environmental review because they are likely to have minimal or no 
adverse environmental or social risks or impacts. This category 
includes transactions related to new, expansion or existing projects 
of the type that have little or no potential to cause environmental 
effects and do not impact sensitive locations.'' Procedures and 
Guidelines [verbar] EXIM.GOV.
---------------------------------------------------------------------------

III. Consideration of Extraordinary Circumstances (if Applicable)

    In assessing whether a categorical exclusion applies, EXIM would 
review whether there were extraordinary circumstances that would 
indicate a categorical exclusion is not appropriate due to the 
potential for a significant environmental effect. EXIM would review 
that proposed actions do not breach the integral elements of classes of 
action in DOE's regulations (10 CFR 1021, subpart D, appendix B (1)-
(5)). When applying these Ces, EXIM will consider whether the proposed 
action has the potential to result in significant effects as described 
in DOE's definition of extraordinary circumstances. DOE defines 
extraordinary circumstances as unique situations presented by specific 
proposals, including, but not limited to, scientific controversy about 
the environmental effects of the proposal; uncertain effects or effects 
involving unique or unknown risks; and unresolved conflicts concerning 
alternative uses of available resources. 10 CFR 1021.410(b)(2).
    EXIM's engineering and environment division will have 
responsibility for determining if a categorical exclusion applies. 
These determinations will be posted at https://www.exim.gov/policies/exim-bank-and-environment/make-more-america-initiative-approved-transactions.

Consultation and Determination of Appropriateness

Consultations

1. Department of Energy Consultation
    In October 2024, EXIM conducted consultation with the Department of 
Energy's Loans Program Office on adoption of several CE categories. 
Through those consultation and coordination efforts, DOE and EXIM 
mutually agreed that EXIM's adoption of CEs A9 (Information gathering, 
analysis, and dissemination), B1.15 (Supporting Buildings), B1.23, 
(Demolition and disposal of buildings), B2.1 (Workplace enhancements), 
B2.2 (Building and equipment instrumentation) and B3.1(site 
characterization and environmental monitoring) is appropriate. This 
notice documents EXIM's adoption of Department of Energy CEs for such 
actions.
    At the conclusion of that process, DOE determined that EXIM's 
proposed use of the CE as described in this notice would be appropriate 
because the categories of actions for which EXIM plans to use the CE 
are consistent with the adopted CEs.

[[Page 102144]]

Notice to the Public and Documentation of the Adoption

    This notice serves to identify to the public and document EXIM's 
adoption of several CEs from both the Department of Energy. The notice 
identifies the types of actions to which EXIM will apply the CE, as 
well as the considerations that EXIM will use in determining whether an 
action is within the scope of the CE.

Scott Condren,
Vice President, Policy Analysis.
[FR Doc. 2024-29608 Filed 12-16-24; 8:45 am]
BILLING CODE 6690-01-P
```