Notice2024-06051
Notice of Adoption of Department of Energy Categorical Exclusion Under the National Environmental Policy Act
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Published
March 22, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is adopting two categorical exclusions (CEs) from the Department of Energy (DOE) under the National Environmental Policy Act (NEPA) for drop-off, collection, and transfer facilities for recyclable materials and for installation or relocation of machinery and equipment, to use in EPA's programs and in funding opportunities administered by EPA. This notice describes the categories of proposed actions for which EPA intends to use DOE's CEs and describes the consultation between the agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 57 (Friday, March 22, 2024)</title>
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[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Notices]
[Pages 20470-20472]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06051]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL OP-OFA-116]
Notice of Adoption of Department of Energy Categorical Exclusion
Under the National Environmental Policy Act
AGENCY: Environmental Protection Agency.
ACTION: Notice of adoption of categorical exclusions.
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SUMMARY: The Environmental Protection Agency (EPA) is adopting two
categorical exclusions (CEs) from the Department of Energy (DOE) under
the National Environmental Policy Act (NEPA) for drop-off, collection,
and transfer facilities for recyclable materials and for installation
or relocation of machinery and equipment, to use in EPA's programs and
in funding opportunities administered by EPA. This notice describes the
categories of proposed actions for which EPA intends to use DOE's CEs
and describes the consultation between the agencies.
DATES: This action is effective upon publication.
FOR FURTHER INFORMATION CONTACT: Dan Halpert, EPA Solid Waste
Infrastructure for Recycling Program, by phone at 202-566-0816 or by
email at <a href="/cdn-cgi/l/email-protection#9df5fcf1edf8efe9b3f9fcf3f4f8f1ddf8edfcb3faf2eb"><span class="__cf_email__" data-cfemail="630b020f130611174d07020d0a060f230613024d040c15">[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).
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 its 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 effects, 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'' and 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, the adopting
agency must identify the relevant CEs listed in another agency's
(``establishing agency'') NEPA procedures that cover the adopting
agency's 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 adopting agency plans to use for its proposed actions; and
document adoption of the CE. Id. This notice describes EPA's adoption
of DOE's CEs under section 109 of NEPA to use in EPA's program and in
funding opportunities administered by EPA.
EPA's Program
EPA intends to use DOE's recycling facilities and equipment
installation CEs in EPA's program and in funding opportunities,
including those administered by the EPA Solid Waste Infrastructure for
Recycling (SWIFR) Program.
The SWIFR Program provides funding to eligible entities to
implement the National Recycling Strategy to improve post-consumer
materials management and infrastructure; support improvements to local
post-consumer materials management and recycling programs; and assist
local waste management authorities in making improvements to local
waste management systems. The SWIFR program funds projects for the
siting, construction, modification, and operation of recycling or
compostable material drop-off, collection, and transfer station
facilities. Funding administered by the SWIFR program may also be used
at these recycling, reuse, composting, or other waste management
facilities for the installation or relocation and operation of
machinery and equipment, such as crushers, shredders, sorters, and
baling equipment. EPA also intends to use the DOE CEs adopted through
this notice for activities administered under other EPA programs that
meet this description of SWIFR program activities.
II. Identification of the Categorical Exclusions
EPA is adopting two CEs from DOE for drop-off, collection, and
transfer facilities for recyclable materials and for the installation
or relocation of machinery and equipment.
DOE's CE for recycling facilities is codified in DOE's NEPA
procedures as CE B1.35 of 10 CFR part 1021, subpart D, appendix B, as
follows:
B1.35 Drop-Off, Collection, and Transfer Facilities for
Recyclable Materials. The 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
[[Page 20471]]
have appropriate facilities and procedures established in accordance
with applicable 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 materials are not included in this class of actions.
DOE's CE for equipment installation or relocation is codified in
DOE's NEPA procedures as CE B1.31 of 10 CFR part 1021, subpart D,
appendix B, as follows:
B1.31 Installation or Relocation of Machinery and Equipment.
Installation or relocation and operation of machinery and equipment
(including, but not limited to, laboratory equipment, electronic
hardware, manufacturing machinery, maintenance equipment, and health
and safety equipment), provided that uses of the installed or
relocated items are consistent with the general missions of the
receiving structure. Covered actions include modifications to an
existing building, within or contiguous to a previously disturbed or
developed area, that are necessary for equipment installation and
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.
``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 CEs also include additional conditions referred to as
integral elements (10 CFR part 1021, subpart D, appendix 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 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-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 CE B1.35 to support proposals for the siting,
construction, modification, and operation of recycling or compostable
material drop-off, collection, and transfer station projects.
Activities under this CE may be undertaken directly by EPA or be
financed in whole or in part through Federal funding opportunities,
including those administered by the SWIFR Program. The siting,
construction, modification, and operation of drop-off, collection, and
transfer stations must be on or contiguous to a previously disturbed or
developed area, in an area where such a facility would be consistent
with existing zoning requirements, and the stations would have
appropriate facilities and procedures established in accordance with
applicable requirements for the handling of recyclable or compostable
materials and households hazardous waste (such as paint and
pesticides). EPA will also review each proposal for the limitations in
applying the CE to ensure that the proposal is within the scope of the
CE and will not involve the collection of hazardous waste for disposal
or the processing of recyclable or compostable materials.
EPA intends to apply CE B1.31 to support proposals for the
installation or relocation of machinery and equipment, such as
crushers, shredders, sorters, and baling equipment, at recycling,
reuse, composting, or other waste management facilities administered
under the SWIFR Program and for similar activities undertaken directly
by EPA or financed in whole or in part through Federal funding
opportunities. EPA will consider each proposal for the installation or
relocation and operation of machinery and equipment to ensure that uses
of the installed or relocated machinery and equipment are consistent
with the general mission of the receiving structure. For proposals
requiring modifications to an existing building, within or contiguous
to a previously disturbed or developed area,
[[Page 20472]]
that are necessary for the equipment installation and relocation, EPA
will review each proposal to ensure that such modifications are within
the scope of the CE and 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.
III. Consideration of Extraordinary Circumstances
When applying these CEs, EPA will evaluate the proposed action to
ensure consideration 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. In addition, EPA will consider its list of
extraordinary circumstances as described at 40 CFR 6.204(b).
IV. Consultation With DOE and Determination of Appropriateness
EPA and DOE consulted on the appropriateness of EPA's adoption of
the CEs in December 2023. EPA and DOE's consultation included a review
of DOE's experience developing and applying the CEs, as well as the
types of actions for which EPA plans to utilize the CEs. These EPA
actions are very similar to the type of projects for which DOE has
applied the CEs and therefore the effects of EPA projects will be very
similar to the effects of DOE projects, which are not significant,
absent extraordinary circumstances. Therefore, EPA has determined that
its proposed use of the CE for the Drop-off, Collection, and Transfer
Facilities for Recyclable Materials and the CE for Installation or
Relocation of Machinery and Equipment as described in this notice are
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 CEs for B1.35 Drop-off, Collection, and Transfer
Facilities for Recyclable Materials and for B1.31 Installation or
Relocation of Machinery and Equipment. This notice identifies the types
of actions to which EPA will apply the CEs, as well as the
considerations that EPA will use in determining whether an action is
within the scope of the CEs.
Dated: March 18, 2024.
Elizabeth Shaw,
Director, Resource Conservation and Sustainability Division, Office of
Resource Conservation and Recovery, Office of Land and Emergency
Management.
[FR Doc. 2024-06051 Filed 3-21-24; 8:45 am]
BILLING CODE 6560-50-P
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