Proposed Rule2022-24799
Request for Information Regarding Categorical Exclusions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 15, 2022
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) requests information to help inform potential updates to categorical exclusions in its regulations implementing the National Environmental Policy Act (NEPA). DOE is considering revisions to ensure that its NEPA reviews are aligned with the latest DOE programs and initiatives for clean energy and electricity transmission projects, fully consider potential environmental impacts and community concerns, and are efficient and effective at informing DOE decisions. Through this request for information, DOE seeks recommendations and supporting information from interested individuals and organizations on establishing new categorical exclusions and revising existing ones.
Full Text
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<title>Federal Register, Volume 87 Issue 219 (Tuesday, November 15, 2022)</title>
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[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68385-68386]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24799]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 /
Proposed Rules
[[Page 68385]]
DEPARTMENT OF ENERGY
10 CFR Part 1021
Request for Information Regarding Categorical Exclusions
AGENCY: Department of Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (DOE) requests information to
help inform potential updates to categorical exclusions in its
regulations implementing the National Environmental Policy Act (NEPA).
DOE is considering revisions to ensure that its NEPA reviews are
aligned with the latest DOE programs and initiatives for clean energy
and electricity transmission projects, fully consider potential
environmental impacts and community concerns, and are efficient and
effective at informing DOE decisions. Through this request for
information, DOE seeks recommendations and supporting information from
interested individuals and organizations on establishing new
categorical exclusions and revising existing ones.
DATES: Responses should be submitted by December 30, 2022.
ADDRESSES: Responses to this request for information should be
submitted to <a href="/cdn-cgi/l/email-protection#20444f450d4e4550410d52554c454d414b494e476048510e444f450e474f56"><span class="__cf_email__" data-cfemail="e2868d87cf8c879283cf90978e878f83898b8c85a28a93cc868d87cc858d94">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For further information on submitting
responses, contact Carrie Abravanel, Office of NEPA Policy and
Compliance (GC-54), (202) 586-8397, <a href="/cdn-cgi/l/email-protection#37745645455e521976554556415659525b775f461953585219505841"><span class="__cf_email__" data-cfemail="eead8f9c9c878bc0af8c9c8f988f808b82ae869fc08a818bc0898198">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: DOE is responsible for investing billions of
taxpayer dollars in new or expanded efforts in the research and
development, demonstration, and deployment of clean energy projects and
clean energy infrastructure throughout the United States and its
territories. DOE must comply with NEPA (42 U.S.C. 4321, et seq.) to
inform its decisions about these actions, including decisions related
to financial assistance (e.g., grants, loan guarantees) to the private
and public sector. DOE also must fulfill its responsibilities under
other laws such as the National Historic Preservation Act and the
Endangered Species Act. In addition, DOE is committed to providing
meaningful and timely opportunities for engagement with local
communities, Tribal Nations, and others potentially affected by its
decisions.
Central to implementation of NEPA is the principle that the extent
of analysis should be proportional to the potential for significant
environmental impacts. Accordingly, the Council on Environmental
Quality (CEQ) established three types of NEPA review: categorical
exclusion, environmental assessment, and environmental impact
statement. (See e.g., 40 CFR parts 1501 and 1502.) An agency prepares
an environmental assessment or environmental impact statement when the
proposed action may result in significant environmental impacts, or the
significance of potential impacts is unknown.
A categorical exclusion is a category of actions that a federal
agency has determined, in its agency NEPA procedures, normally do not
have a significant effect on the human environment (40 CFR 1508.1(d)).
DOE's categorical exclusions are listed in appendices A and B to
subpart D of its NEPA procedures (10 CFR part 1021). Actions that
qualify for a categorical exclusion do not require preparation of an
environmental assessment or environmental impact statement.
A DOE proposal to establish or modify a categorical exclusion must
be accompanied by technical support demonstrating why DOE has concluded
that the category of actions normally does not pose the potential for
significant environmental impacts. Once established in its procedures,
before determining that a categorical exclusion applies to any
particular proposed action, DOE evaluates whether that proposed action
meets the conditions contained in the categorical exclusion and whether
there are any extraordinary circumstances associated with the proposed
action that pose the potential for significant environmental impacts.
For more information on DOE's process for applying a categorical
exclusion to a proposed action see 10 CFR 1021.410 and Conditions That
Are Integral Elements of the Classes of Action in Appendix B at the
start of appendix B to subpart D of DOE's NEPA procedures in 10 CFR
part 1021.
What information is DOE requesting?
The Infrastructure Investment and Jobs Act (aka, Bipartisan
Infrastructure Law), the Inflation Reduction Act, the CHIPS and Science
Act, and DOE's annual appropriations all provide funding for DOE to
lead the nation's transition to a clean energy economy and improve the
resilience of its energy infrastructure. DOE's website includes
information on this funding, such as a general web page on the
Bipartisan Infrastructure Law, list of DOE programs funded by the
Bipartisan Infrastructure Law, fact sheet on the Inflation Reduction
Act, and statement regarding the CHIPS and Science Act.
With respect to these laws and initiatives, DOE seeks information
to help it identify activities associated with its furtherance of clean
energy projects and clean energy infrastructure that should be
considered for new or revised categorical exclusions. DOE requests that
interested parties:
<bullet> Identify a specific category of actions related to clean
energy projects and clean energy infrastructure that is not covered by
existing DOE categorical exclusions, but that is likely to meet the
standard of not having a significant effect on the human environment;
and
<bullet> Provide suggestions for revising DOE's existing
categorical exclusions related to clean energy projects and clean
energy infrastructure.
Along with the above information, interested parties should
provide:
(1) A brief explanation of the rationale for any suggested new
categorical exclusions or revisions to the existing ones,
(2) Any limits or conditions that should be included in the new or
revised categorical exclusions to ensure that the category of actions
normally does not pose the potential for significant environmental
impacts, and
(3) Technical or empirical support for the suggested changes to
DOE's categorical exclusions.
How should information be provided?
Responses should be submitted to <a href="/cdn-cgi/l/email-protection#abcfc4ce86c5cedbca86d9dec7cec6cac0c2c5ccebc3da85cfc4ce85ccc4dd"><span class="__cf_email__" data-cfemail="cda9a2a8e0a3a8bdace0bfb8a1a8a0aca6a4a3aa8da5bce3a9a2a8e3aaa2bb">[email protected]</span></a> by
December 30, 2022. Submitted information will be included in the public
record of any associated rulemaking, should DOE decide to
[[Page 68386]]
undertake revisions to its NEPA regulations.
Confidential Business Information: Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. Submit these
documents via email. DOE will make its own determination about the
confidential status of the information and treat it according to its
determination.
Signing Authority
This document of the Department of Energy was signed on November 8,
2022, by Samuel Walsh, General Counsel, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on November 9, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-24799 Filed 11-14-22; 8:45 am]
BILLING CODE 6450-01-P
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