Notice2024-00784
Notice of Adoption of Electric Vehicle Charging Stations Categorical Exclusion Under the National Environmental Policy Act
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Published
January 17, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is adopting the Department of Energy's (DOE) Electric Vehicle Charging Stations Categorical Exclusion (CE) under the National Environmental Policy Act (NEPA) to use in EPA's program and funding opportunities administered by EPA. This notice describes the categories of proposed actions for which EPA intends to use DOE's CE and describes the consultation between the agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 11 (Wednesday, January 17, 2024)</title>
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[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2944-2946]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00784]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL OP-OFA-100]
Notice of Adoption of Electric Vehicle Charging Stations
Categorical Exclusion Under the National Environmental Policy Act
AGENCY: Environmental Protection Agency.
ACTION: Notice of adoption of categorical exclusion.
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SUMMARY: The Environmental Protection Agency (EPA) is adopting the
Department of Energy's (DOE) Electric Vehicle Charging Stations
Categorical Exclusion (CE) under the National Environmental Policy Act
(NEPA) to use in EPA's program and funding opportunities administered
by EPA. This notice describes the categories of proposed actions for
which EPA intends to use DOE's CE and describes the consultation
between the agencies.
DATES: This action is effective upon publication.
FOR FURTHER INFORMATION CONTACT: Michele Richoux, EPA Clean School Bus
Program, by phone at 202-250-8852 or by email at
<a href="/cdn-cgi/l/email-protection#b3d0dfd6d2ddc0d0dbdcdcdfd1c6c0f3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="01626d64606f7262696e6e6d637472416471602f666e77">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
NEPA and CEs
The National Environmental Policy Act, as amended at, 42 U.S.C.
4321-4347 (NEPA), requires all Federal agencies to assess the
environmental impact of their actions. Congress enacted NEPA in order
to encourage productive and enjoyable harmony between humans and the
environment, recognizing the profound impact of human activity and the
critical importance of restoring and maintaining environmental quality
to the overall welfare of humankind. 42 U.S.C. 4321, 4331. NEPA's twin
aims are to ensure agencies consider the environmental effects of their
proposed actions in their decision-making processes and inform and
involve the public in that process. 42 U.S.C. 4331. NEPA created the
Council on Environmental Quality (CEQ), which promulgated NEPA
implementing regulations, 40 CFR parts 1500 through 1508 (CEQ
regulations).
[[Page 2945]]
To comply with NEPA, agencies determine the appropriate level of
review--an environmental impact statement (EIS), environmental
assessment (EA), or CE. 42 U.S.C. 4336. If a proposed action is likely
to have significant environmental effects, the agency must prepare an
EIS and document its decision in a record of decision. 42 U.S.C. 4336.
If the proposed action is not likely to have significant environmental
effects or the effects are unknown, the agency may instead prepare an
EA, which involves a more concise analysis and process than an EIS. 42
U.S.C. 4336. Following the EA, the agency may conclude the process with
a finding of no significant impact if the analysis shows that the
action will have no significant effects. If the analysis in the EA
finds that the action is likely to have significant effects, however,
then an EIS is required.
Under NEPA and the CEQ regulations, a Federal agency also can
establish CEs--categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment--in their agency NEPA procedures. 42 U.S.C. 4336(e)(1); 40
CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a
CE covers a proposed action, it then evaluates the proposed action for
extraordinary circumstances in which a normally excluded action may
have a significant effect. 40 CFR 1501.4(b). If no extraordinary
circumstances are present or if further analysis determines that the
extraordinary circumstances do not involve the potential for
significant environmental impacts, the agency may apply the CE to the
proposed action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2),
40 CFR 1501.4. If the extraordinary circumstances have the potential to
result in significant effects, the agency is required to prepare an EA
or EIS.
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. 42 U.S.C.
4336(c). 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 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. Id. This
notice documents EPA's adoption of DOE's Electric Vehicle Charging
Stations CE under section 109 of NEPA to use in EPA's program and
funding opportunities, including those administered by the EPA Clean
School Bus Program.
EPA's Program
The Clean School Bus Program provides funding to eligible entities
to incentivize and accelerate the replacement of existing school buses
with clean and zero emissions school buses. Eligible activities include
the replacement of existing internal-combustion engine school buses
with electric, propane, or compressed natural gas school buses, as well
as the purchase of electric vehicle supply equipment (EVSE) (also
referred to as Electric Vehicle Charging Stations) and EVSE
installations. Eligible entities include state and local governmental
entities that provide bus service, including public school districts;
eligible contractors; nonprofit school transportation associations;
Indian Tribes, Tribal organizations, or Tribally-controlled schools
responsible for the purchase, lease, license, or contract for service
of school buses or for providing school bus service for a Bureau of
Indian Affairs funded school.
II. Identification of the Categorical Exclusion
DOE's Electric Vehicle Charging Stations CE
DOE's electric vehicle charging stations CE is codified in DOE's
NEPA procedures as CE B5.23 of 10 CFR part 1021, subpart D, appendix B,
as follows:
B5.23 Electric Vehicle Charging Stations
The installation, modification, operation, and removal of electric
vehicle charging stations, using commercially available technology,
within a previously disturbed or developed area. Covered actions are
limited to areas where access and parking are in accordance with
applicable requirements (such as local land use and zoning
requirements) in the proposed project area and would incorporate
appropriate control technologies and best management practices.
``Previously disturbed or developed'' refers to land that has been
changed such that its functioning ecological processes have been and
remain altered by human activity. The phrase encompasses areas that
have been transformed from natural cover to nonnative species or a
managed state, including, but not limited to, utility and electric
power transmission corridors and rights-of-way, and other areas where
active utilities and currently used roads are readily available. 10 CFR
1021.410(g)(1).
The DOE CE also includes additional conditions referred to as
integral elements (10 CFR part 1021 subpt. D, app. B). In order to
apply this CE, 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 EPA \1\ or Executive Orders;
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\1\ Modified from 10 CFR part 1021 subpart D, app. B to reflect
EPA as the adopting agency.
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(2) Require siting and construction or major expansion of waste
storage, disposal, recovery, or treatment facilities (including
incinerators), but the proposal may include categorically excluded
waste storage, disposal, recovery, or treatment actions or facilities;
(3) Disturb hazardous substances, pollutants, contaminants, or
CERCLA excluded petroleum and natural gas products that preexist in the
environment such that there would be uncontrolled or unpermitted
releases;
(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-
[[Page 2946]]
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;
(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, EPA, and the National
Institutes of Health.
Proposed EPA Category of Actions
EPA intends to apply this categorical exclusion to electric vehicle
charging station projects undertaken directly by EPA or that are
financed in whole or in part through Federal funding opportunities,
including those administered by the EPA Clean School Bus Program. The
CE allows for the installation, modification, operation, and removal of
electric vehicle charging stations. EPA will consider each proposal for
the installation, modification, operation, or removal of electric
vehicle charging stations to ensure that the proposal is within the
scope of the CE. EPA intends to apply this CE in a manner consistent
with DOE's application--to the same types of proposals (which have
included a wide variety of locations on and off Federal property,
differences in local conditions, various numbers of electric vehicle
charging stations per proposal, and different types of equipment and
technologies including Level 1, Level 2, and DC Fast Charging
stations).
III. Consideration of Extraordinary Circumstances
When applying this CE, EPA will evaluate the proposed action to
ensure evaluation of the integral elements listed above. In addition,
in considering extraordinary circumstances, EPA will consider whether
the proposed action has the potential to result in significant effects
as described in DOE's extraordinary circumstances listed at 10 CFR
1021.410(b)(2). 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.
IV. Consultation With DOE and Determination of Appropriateness
EPA and DOE consulted on the appropriateness of EPA's adoption of
the CE in October 2023. EPA and DOE's consultation included a review of
DOE's experience developing and applying the CE, as well as the types
of actions for which EPA plans to utilize the CE. These EPA actions are
very similar to the type of projects for which DOE has applied the CE
and therefore the impacts of EPA projects will be very similar to the
impacts of DOE projects, which are not significant, absent the
existence of extraordinary circumstances. Therefore, EPA has determined
that its proposed use of the CE as described in this notice is
appropriate.
V. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document EPA's
adoption of DOE's CE for electric vehicle charging stations. The notice
identifies the types of actions to which EPA will apply the CE, as well
as the considerations that EPA will use in determining whether an
action is within the scope of the CE.
Dated: January 11, 2024.
Christine Koester,
Director, Legacy Fleets Incentives and Assessment Branch, Office of
Transportation and Air Quality.
[FR Doc. 2024-00784 Filed 1-16-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 17, 2024.
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