Notice2024-14911
Notice of Adoption of Electric Vehicle Charging Stations Categorical Exclusion Under the National Environmental Policy Act
Primary source
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Published
July 8, 2024
Issuing agencies
Defense Department
Abstract
DTRA is adopting the Department of Energy's (DOE's) Electric Vehicle (EV) Charging Stations Categorical Exclusion (CE) under the National Environmental Policy Act (NEPA) to use in DTRA programs and funding opportunities administered by DTRA. This notice describes the categories of proposed actions for which DTRA 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 130 (Monday, July 8, 2024)</title>
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[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Notices]
[Pages 55933-55934]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14911]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Notice of Adoption of Electric Vehicle Charging Stations
Categorical Exclusion Under the National Environmental Policy Act
AGENCY: Defense Threat Reduction Agency (DTRA), Department of Defense
(DoD).
ACTION: Notice of adoption of categorical exclusion.
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SUMMARY: DTRA is adopting the Department of Energy's (DOE's) Electric
Vehicle (EV) Charging Stations Categorical Exclusion (CE) under the
National Environmental Policy Act (NEPA) to use in DTRA programs and
funding opportunities administered by DTRA. This notice describes the
categories of proposed actions for which DTRA intends to use DOE's CEs
and describes the consultation between the agencies.
FOR FURTHER INFORMATION CONTACT: Ms. Sherry Davis, 703-767-7122,
<a href="/cdn-cgi/l/email-protection#ddaeb5b8afafa4f3b7f3b9bcabb4aeeef3beb4ab9db0bcb4b1f3b0b4b1"><span class="__cf_email__" data-cfemail="f6859e9384848fd89cd89297809f85c5d8959f80b69b979f9ad89b9f9a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
National Environmental Policy Act and Categorical Exclusions
The 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, 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 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.
This notice documents DTRA's adoption of DOE's Electric Vehicle
Charging Stations CE under section 109 of NEPA to use in DTRA programs
and funding opportunities administered by DTRA Operating
Administrations.
II. Identification of the Categorical Exclusion
DOE's EV Charging Stations CE
DOE's EV charging stations CE is codified in DOE's NEPA procedures
at 10 CFR part 1021, subpart D, appendix B, B5.23. DOE provides
clarification on the meaning of the phrase, ``previously disturbed or
developed'' used in the CE B5.23 at 10 CFR 1021.410(g)(1).
The DOE CE also includes additional conditions referred to as
integral elements at 10 CFR part 1021, subpart D, appendix B that
should be considered in order to apply the CE.
Proposed DTRA Category of Actions
DTRA intends to apply this CE to any DTRA EV charging station
project undertaken directly by DTRA, to any EV charger action requiring
an approval by DTRA, or to any project that is financed in whole or in
part through Federal funds made available by DTRA (including the
National Electric Vehicle Infrastructure Formula Program or the
Charging and Fueling Infrastructure Discretionary Grant Program).
The CE allows for the installation, modification, operation, and
removal of EV charging stations. DTRA will consider each proposal for
EV charging stations to ensure that the proposal is within the scope of
the CE. DTRA 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 EV 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, DTRA will evaluate the proposals to ensure
evaluation of integral elements listed in the DOE's NEPA procedures at
10 CFR part 1021, subpart D, appendix B. In addition, when considering
extraordinary circumstances, DTRA will consider whether the proposed
action has the potential to result in significant effects as described
at 10 CFR 1021.410(b)(2).
IV. Consultation With DOE and Determination of Appropriateness
DTRA and DOE consulted on the appropriateness of DTRA's adoption of
the CE on September 26, 2023. DTRA and DOE's consultation included a
review of DOE's experience developing
[[Page 55934]]
and applying the CE, as well as the types of actions for which DTRA
plans to utilize the CE. These DTRA actions are very similar to the
type of projects that DOE funds and therefore the impacts of DTRA
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, DTRA has
determined that its proposed use of the CE as described in this notice
would be appropriate. Additional documentation of DOE and DTRA's
consultation is available upon request.
V. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document DTRA's
adoption of DOE's CE for EV charging stations. The notice identifies
the types of actions to which DTRA will apply the CE, as well as the
considerations that DTRA will use in determining whether an action is
within the scope of the CE.
Dated: July 2, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-14911 Filed 7-5-24; 8:45 am]
BILLING CODE 6001-FR-P
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