Notice2024-08505
Notice of Adoption of the U.S. Department of Energy's Electric Vehicle Charging Stations Categorical Exclusion Pursuant to Section 109 of the National Environmental Policy Act
Primary source
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Published
April 22, 2024
Issuing agencies
General Services Administration
Abstract
GSA is adopting the U.S. Department of Energy's (DOE) electric vehicle charging stations categorical exclusion (CATEX) pursuant to section 109 of the National Environmental Policy Act (NEPA) to use for proposed GSA actions. This notice describes the categories of proposed actions for which GSA intends to use DOE's electric vehicle charging stations CATEX and details the consultation between the agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 78 (Monday, April 22, 2024)</title>
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[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29334-29335]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08505]
[[Page 29334]]
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GENERAL SERVICES ADMINISTRATION
[Notice-PBS-2024-04; Docket No. 2024-0002; Sequence No. 12]
Notice of Adoption of the U.S. Department of Energy's Electric
Vehicle Charging Stations Categorical Exclusion Pursuant to Section 109
of the National Environmental Policy Act
AGENCY: Public Buildings Service, U.S. General Services Administration
(GSA).
ACTION: Notice.
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SUMMARY: GSA is adopting the U.S. Department of Energy's (DOE) electric
vehicle charging stations categorical exclusion (CATEX) pursuant to
section 109 of the National Environmental Policy Act (NEPA) to use for
proposed GSA actions. This notice describes the categories of proposed
actions for which GSA intends to use DOE's electric vehicle charging
stations CATEX and details the consultation between the agencies.
DATES: Applicable April 22, 2024.
FOR FURTHER INFORMATION CONTACT: Greg Graybadger, Director, Real
Property Valuation Division, GSA Public Buildings Service, Office of
Portfolio Management & Customer Engagement, by phone at 208-863-5969 or
by email at <a href="/cdn-cgi/l/email-protection#5c3b2e393b332e25723b2e3d253e3d383b392e1c3b2f3d723b332a"><span class="__cf_email__" data-cfemail="177065727078656e397065766e7576737072655770647639707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
<bullet> Background
NEPA, as amended at 42 U.S.C. 4321-4347, 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. NEPA's twin aims are to ensure that 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), an environmental
assessment (EA), or a CATEX. 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 in its NEPA implementing procedures CATEXs, which are
categories of actions that the agency has determined normally do not
significantly affect the quality of the human environment. 42 U.S.C.
4336(e)(1), 1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a
CATEX 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 CATEX 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 a CATEX listed in another
agency's NEPA procedures for a category of proposed agency actions. 42
U.S.C. 4336. To use another agency's CATEXs under Section 109, an
agency must identify the relevant CATEXs listed in that agency's (the
``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 CATEX to a category
of actions is appropriate; identify to the public the CATEX that the
agency plans to use for its proposed actions; and document adoption of
the CATEX. 40 CFR 1506.3.
This notice documents GSA's adoption of DOE's electric vehicle
charging stations CATEX under section 109 of NEPA.
<bullet> Identification of the Categorical Exclusion
DOE's Electric Vehicle Charging Stations CATEX
DOE's electric vehicle charging stations CATEX is codified in DOE's
NEPA procedures as CATEX 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 non-native 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 electric vehicle charging stations CATEX also includes
additional conditions referred to as integral elements. (10 CFR part
1021) In order to apply this CATEX, 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 GSA 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
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
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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, the Environmental
Protection Agency, and the National Institutes of Health.
Proposed GSA Category of Actions
DOE's electric vehicle charging stations CATEX allows for the
installation, modification, operation, and removal of electric vehicle
charging stations. GSA intends to apply this CATEX to electric vehicle
charging station projects undertaken directly by GSA, to electric
vehicle charging station actions requiring an approval by GSA, or to
electric vehicle charging station projects financed in whole or in part
through Federal funds made available by GSA.
GSA will consider each proposal for electric vehicle charging
stations to ensure that the proposal is within the scope of the CATEX.
GSA intends to apply this CATEX in a manner consistent with DOE's
application to the same types of proposals.
<bullet> Consideration of Extraordinary Circumstances
When applying this CATEX, GSA will evaluate the proposed action to
ensure evaluation of integral elements listed above. In addition, in
considering extraordinary circumstances, GSA 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.
<bullet> Consultation With DOE and Determination of Appropriateness
GSA and DOE consulted on the appropriateness of GSA's adoption of
the CATEX in January 2024. This consultation included a review of DOE's
experience developing and applying the CATEX, as well as the types of
actions for which GSA plans to utilize the CATEX. Based on this
consultation and review, GSA has determined that the types of projects
it intends to undertake to install, operate, modify, or remove electric
vehicle charging stations are substantially similar to such projects
for which DOE has applied the CATEX. Accordingly, the impacts of GSA
projects will be very similar to the impacts of DOE projects, which are
not significant, absent the existence of extraordinary circumstances
that could involve potentially significant impacts. Therefore, GSA has
determined that its proposed use of the electric vehicle charging
stations CATEX as described in this notice would be appropriate.
<bullet> Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document GSA's
adoption of DOE's CATEX for electric vehicle charging stations. The
notice also identifies the types of actions to which GSA will apply the
CATEX, as well as the considerations that GSA will use in determining
whether an action is within the scope of the CATEX. Upon issuance of
this notice, the adopted electric vehicle charging stations CATEX will
be available to GSA.
Elliot Doomes,
Commissioner, Public Buildings Service, U.S. General Services
Administration.
[FR Doc. 2024-08505 Filed 4-19-24; 8:45 am]
BILLING CODE 6820-EY-P
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</html>Indexed from Federal Register on April 22, 2024.
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