Notice2024-27545
Notice of Adoption of Categorical Exclusions Under the National Environmental Policy Act
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Published
November 25, 2024
Issuing agencies
Defense DepartmentAir Force Department
Abstract
The Department of the Air Force (DAF) has identified categorical exclusions (CATEXes) established by the Department of the Army (DA), Department of the Navy (DON), National Aeronautics and Space Administration (NASA), Tennessee Valley Authority (TVA) and Agricultural Research Service (ARS) that cover categories of actions that DAF is adopting. This notice identifies the thirty-five CATEXes established by the above listed Federal agencies and describes the categories of proposed actions for which the DAF intends to use these CATEXes. The DAF has consulted with these agencies, as described herein, and obtained concurrence on DAF use of these CATEXes.
Full Text
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<title>Federal Register, Volume 89 Issue 227 (Monday, November 25, 2024)</title>
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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92911-92914]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27545]
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DEPARTMENT OF DEFENSE
Department of the Air Force
Notice of Adoption of Categorical Exclusions Under the National
Environmental Policy Act
AGENCY: Department of the Air Force, Department of Defense.
ACTION: Notice of adoption of categorical exclusions.
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SUMMARY: The Department of the Air Force (DAF) has identified
categorical exclusions (CATEXes) established by the Department of the
Army (DA), Department of the Navy (DON), National Aeronautics and Space
Administration (NASA), Tennessee Valley Authority (TVA) and
Agricultural Research Service (ARS) that cover categories of actions
that DAF is adopting. This notice identifies the thirty-five CATEXes
established by the above listed Federal agencies and describes the
categories of proposed actions for which the DAF intends to use these
CATEXes. The DAF has consulted with these agencies, as described
herein, and obtained concurrence on DAF use of these CATEXes.
DATES: The CATEXes identified below are available for DAF use effective
immediately.
ADDRESSES: Mr. Jack Bush, DAF NEPA Policy and Execution Oversite, 703-
695-1773, <a href="/cdn-cgi/l/email-protection#5f3e39713e6b3c71313a2f3e28302d34393330281f2a2c713e3971323633"><span class="__cf_email__" data-cfemail="d2b3b4fcb3e6b1fcbcb7a2b3a5bda0b9b4bebda592a7a1fcb3b4fcbfbbbe">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
NEPA and CATEXes
Congress enacted the National Environmental Policy Act, 42 U.S.C.
4321-4347 (NEPA) 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 and 4331). NEPA seeks to ensure that agencies consider the
environmental effects of their proposed major actions in their
decision-making processes and inform and involve the public in that
process. NEPA created the Council on Environmental Quality (CEQ), which
promulgated NEPA implementing regulations, 40 CFR parts 1500-1508 (CEQ
regulations).
To comply with NEPA, agencies determine the appropriate level of
review of any major Federal action--an environmental impact statement
(EIS), environmental assessment (EA), or categorical exclusion (CATEX)
(40 CFR 1501.3). 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 (40 CFR part 1502, and Sec. 1505.2).
If the proposed action is not likely to have significant environmental
effects or the effects are unknown, the agency may instead prepare an
environmental assessment (EA), which involves a more concise analysis
and process than an EIS (40 CFR 1501.5). Following the EA, the agency
may conclude that the action will have no significant effects and
document that conclusion in a finding of no significant impact (40 CFR
1501.6). If the analysis concludes that the action is likely to have
significant effects, then an EIS is required.
Pursuant to NEPA and the CEQ regulations, a Federal agency can also
establish CATEXes--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. 4336e(1); 40
CFR 1501.4, 1507.3(c)(8)(ii), and 1508.1(e)).
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, 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). DAF considers extraordinary
circumstances pursuant to appendix B to 32 CFR part 989--Categorical
Exclusions, Sec. A2.2. Additional Analysis and will concurrently use
the agency extraordinary circumstances for the adopted CATEXes as
identified below.
If an extraordinary circumstance exists, the agency nevertheless
may apply the categorical exclusion if the agency conducts an analysis
and determines that the proposed action does not in fact have the
potential to result in significant effects notwithstanding the
extraordinary circumstance or the agency modifies the action to address
the extraordinary circumstance. In such cases, the agency shall
document such determination and should publish it on the agency's
website or otherwise make it publicly available (40 CFR 1501.4 (b)(1)).
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to adopt another Federal agency's
CATEX for proposed actions (42 U.S.C. 4336c). To use another agency's
CATEXes under section 109, the adopting agency must identify the
relevant CATEX listed in another agency's (``establishing agency'')
NEPA procedures that covers the adopting agency's category of proposed
actions or related actions; consult with the establishing agency to
ensure that the proposed adoption of the CATEX is appropriate for a
category of actions; identify to the public the CATEX that the adopting
agency plans to use for its proposed actions; and document adoption of
the CATEX (42 U.S.C. 4336c).
II. DA, DON, NASA, TVA, and ARS Categorical Exclusions
DAF is adopting fifteen CATEXes established by the DA. These
CATEXes are listed in DA's NEPA regulations at 32 CFR part 651,
appendix B. Each of the DA CATEXes includes conditions on the scope and
application of the
[[Page 92912]]
CATEX within the text of the numbered paragraphs listed below.
1. (b)(13) Actions affecting Army property that fall under another
Federal agency's list of categorical exclusions when the other Federal
agency is the lead agency (decision maker), or joint actions on another
Federal agency's property that fall under that agency's list of
categorical exclusions (Record of Environmental Consideration [REC]
required). (Note: The DAF Environmental Planning Function must document
application of this CATEX on AF Form 813 Request for Environmental
Impact Analysis as the DAF does not use Army required RECs; this
applies to each instance of REC application in the following
discussions).
2. (c)(1) Construction of an addition to an existing structure or
new construction on a previously undisturbed site if the area to be
disturbed has no more than 5.0 cumulative acres of new surface
disturbance. This does not include construction of facilities for the
transportation, distribution, use, storage, treatment, and disposal of
solid waste, medical waste, and hazardous waste (REC required).
3. (c)(2) Demolition of non-historic buildings, structures, or
other improvements and disposal of debris therefrom, or removal of a
part thereof for disposal, in accordance with applicable regulations,
including those regulations applying to removal of asbestos,
polychlorinated biphenyls (PCBs), lead-based paint, and other special
hazard items (REC required).
4. (c)(3) Road or trail construction and repair on existing rights-
of-ways or on previously disturbed areas.
5. (d)(1) Land regeneration activities using only native trees and
vegetation, including site preparation. This does not include forestry
operations (REC required).
6. (d)(2) Routine maintenance of streams and ditches or other
rainwater conveyance structures (in accordance with USACE permit
authority under section 404 of the Clean Water Act and applicable state
and local permits), and erosion control and stormwater control
structures (REC required).
7. (d)(3) Implementation of hunting and fishing policies or
regulations that are consistent with state and local regulations.
8. (e)(2) Acquisition, installation, and operation of utility and
communication systems, mobile antennas, data processing cable and
similar electronic equipment that use existing right-of-way, easement,
distribution systems, and/or facilities (REC required).
9. (e)(4) Modification, product improvement, or configuration
engineering design change to materiel, structure, or item that does not
change the original impact of the materiel, structure, or item on the
environment (REC required).
10. (e)(7) Modification and adaptation of commercially available
items and products for military application (for example, sportsman's
products and wear such as holsters, shotguns, sidearms, protective
shields, etc.), as long as modifications do not alter the normal impact
to the environment (REC required).
11. (f)(1) Grants or acquisitions of leases, licenses, easements,
and permits for use of real property or facilities in which there is no
significant change in land or facility use. Examples include, but are
not limited to, Army controlled property and Army leases of civilian
property to include leases of training, administrative, general use,
special purpose, or warehouse space (REC required).
12. (f)(2) Disposal of excess easement areas to the underlying fee
owner (REC required).
13. (f)(6) Disposal of real property (including facilities) by the
Army where the reasonably foreseeable use will not change significantly
(REC required).
14. (g)(1) Routine repair and maintenance of buildings, airfields,
grounds, equipment, and other facilities. Examples include but are not
limited to: Removal and disposal of asbestos-containing material (for
example, roof material and floor tile) or lead-based paint in
accordance with applicable regulations; removal of dead, diseased, or
damaged trees; and repair of roofs, doors, windows, or fixtures (REC
required for removal and disposal of asbestos-containing material and
lead-based paint or work on historic structures).
15. (g)(2) Routine repairs and maintenance of roads, trails, and
firebreaks. Examples include but are not limited to: grading and
clearing the roadside of brush with or without the use of herbicides;
resurfacing a road to its original conditions; pruning vegetation,
removal of dead, diseased, or damaged trees and cleaning culverts; and
minor soil stabilization activities.
The DAF is adopting fifteen CATEXes established by the DON. These
CATEXes are listed in DON NEPA regulations at 32 CFR 775.6. Each of the
DON CATEXes includes conditions on the scope and application of the
CATEX within the text of the numbered paragraphs listed below.
1. (f)(14) Alterations of and additions to existing buildings,
facilities, and systems (e.g., structures, roads, runways, vessels,
aircraft, or equipment) when the environmental effects will remain
substantially the same and the use is consistent with applicable
regulations.
2. (f)(27) Minor land acquisitions or disposals where anticipated
or proposed land use is like existing land use and zoning, both in type
and intensity.
3. (f)(33) New construction that is like or compatible with
existing land use (i.e., site and scale of construction are consistent
with those of existing adjacent or nearby facilities) and, when
completed, the use or operation of which complies with existing
regulatory requirements (e.g., a building within a cantonment area with
associated discharges and runoff within existing handling capacities).
The test for whether this CATEX can be applied should focus on whether
the proposed action generally fits within the designated land use of
the proposed site.
4. (f)(34) Demolition, disposal, or improvements involving
buildings or structures when done in accordance with applicable
regulations including those regulations applying to removal of
asbestos, PCBs, and other hazardous materials.
5. (f)(37) Maintenance dredging and debris disposal where no new
depths are required, applicable permits are secured, and disposal will
be at an approved disposal site.
6. (f)(38) Relocation of personnel into existing federally owned or
commercially leased space that does not involve a substantial change
affecting the supporting infrastructure (e.g., no increase in vehicular
traffic beyond the capacity of the supporting road network to
accommodate such an increase)
7. (f)(39) Pre-lease upland exploration activities for oil, gas, or
geothermal reserves (e.g., geophysical surveys).
8. (f)(40) Installation of devices to protect human or animal life
(e.g., raptor electrocution prevention devices, fencing to restrict
wildlife movement onto airfields, and fencing and grating to prevent
accidental entry to hazardous areas).
9. (f)(41) Reintroduction of endemic or native species (other than
endangered or threatened species) into their historic habitat when no
substantial site preparation is involved.
10. (f)(42) Temporary closure of public access to DON property to
protect human or animal life.
11. (f)(45) Natural resources management actions undertaken or
permitted pursuant to agreement with or subject to regulation by
Federal, State, or local organizations having
[[Page 92913]]
management responsibility and authority over the natural resources in
question, including, but not limited to, prescribed burning, invasive
species actions, timber harvesting, and hunting and fishing during
seasons established by State authorities pursuant to their State fish
and game management laws. The natural resources management actions must
be consistent with the overall management approach of the property as
documented in an Integrated Natural Resources Management Plan (INRMP)
or other applicable natural resources management plan.
12. (f)(46) Minor repairs in response to wildfires, floods,
earthquakes, landslides, or severe weather events that threaten public
health or safety, security, property, or natural and cultural
resources, and that are necessary to repair or improve lands unlikely
to recover to a management-approved condition (i.e., the previous
state) without intervention. Covered activities must be completed
within one year following the event and cannot include the construction
of new permanent roads or other new permanent infrastructure. Such
activities include but are not limited to: Repair of existing essential
erosion control structures or installation of temporary erosion
controls; repair of electric power transmission infrastructure;
replacement or repair of storm water conveyance structures, roads,
trails, fences, and minor facilities; revegetation; construction of
protection fences; and removal of hazard trees, rocks, soil, and other
mobile debris from, on, or along roads, trails, or streams.
13. (f)(47) Modernization (upgrade) of range and training areas,
systems, and associated components (including, but not limited to,
targets, lifters, and range control systems) that support current
testing and training levels and requirements. Covered actions do not
include those involving a substantial change in the type or tempo of
operation, or the nature of the range (i.e., creating an impact area in
an area where munitions had not been previously used).
14. (f)(49) DON actions that occur on another Military Service's
property where the action qualifies for a CATEX of that Service, or for
actions on property designated as a Joint Base or Joint Region that
would qualify for a CATEX of any of the Services included as part of
the Joint Base or Joint Region. If the DON action proponent chooses to
use another Service's CATEX to cover a proposed action, the DON must
obtain written confirmation the other Service does not object to using
its CATEX to cover the DON action. The DON official making the CATEX
determination must ensure the application of the CATEX is appropriate
and that the DON's proposed action was of a type contemplated when the
CATEX was established by the other Service. Use of this CATEX requires
preparation of a Record of CATEX or Decision Memorandum.
15. (f)(8) Routine repair and maintenance of buildings, facilities,
vessels, aircraft, ranges, and equipment associated with existing
operations and activities (e.g., localized pest management activities,
minor erosion control measures, painting, refitting, general building/
structural repair, landscaping, or grounds maintenance).
The DAF is adopting three CATEXes established by the NASA. These
CATEXes are listed in NASA NEPA regulations at 14 CFR 1216.304. Each of
the NASA CATEXes includes conditions on the scope and application of
the CATEX within the text of the numbered paragraphs listed below.
1. (d)(2)(i) Routine maintenance, minor construction or
rehabilitation, minor demolition, minor modification, minor repair, and
continuing or altered operations at, or of, existing NASA or NASA-
funded or -approved facilities and equipment, such as buildings, roads,
grounds, utilities, communication systems, and ground support systems,
such as space tracking and data systems.
2. (d)(3)(i) Research, development, and testing in compliance with
all applicable Federal, federally recognized Indian Tribe, State, and/
or local law or requirements and Executive orders.
3. (d)(3)(iii) Use of lasers for research and development,
scientific instruments and measurements, and distance and ranging,
where such use meets all applicable Federal, federally recognized
Indian Tribe, State, and/or local law or requirements, and Executive
orders. This applies to lasers used in spacecraft, aircraft,
laboratories, watercraft, or outdoor activities.
The DAF is adopting one CATEX established by the TVA. This CATEX is
listed in TVA's NEPA regulations at 18 CFR part 1318, appendix A. The
TVA CATEX includes conditions on the scope and application of the CATEX
within the text of the paragraph below.
1. (31) The following forest management activities:
a. Actions to manipulate species composition and age class,
including, but not limited to, harvesting or thinning of live trees and
other timber stand improvement actions (e.g., prescribed burns, non-
commercial removal, chemical control), generally covering up to 125
acres and requiring no more than 1 mile of temporary or seasonal
permanent road construction.
b. Actions to salvage dead and/or dying trees including, but not
limited to, harvesting of trees to control insects or disease or
address storm damage (including removal of affected trees and adjacent
live, unaffected trees as determined necessary to control the spread of
insects or disease), generally covering up to 250 acres and requiring
no more than 1 mile of temporary or seasonal permanent road
construction; and
c. Actions to regenerate forest stands, including, but not limited
to, planting of native tree species upon site preparation, generally
covering up to 125 acres and requiring no more than 1 mile of temporary
or seasonal permanent road construction.
The DAF is adopting a CATEX established by the ARS. This CATEX is
listed in 7 CFR 520.5. The ARS CATEX includes conditions on the scope
and application of the CATEX within the text of the paragraph below.
1. (b)(2) Research programs or projects of limited size and
magnitude or with only short-term effects on the environment. Examples
are:
(i) Research operations conducted within any laboratory, greenhouse
or other contained facility where research practices and safeguards
prevent environment impacts such as the release of hazardous materials
into the environment.
(ii) Inventories, studies or other such activities that have
limited context and minimal intensity in terms of changes in the
environment.
(iii) Testing outside of the laboratory, such as in small, isolated
field plots, which does not involve the use of control agents requiring
containment or a special license or a permit from a regulatory agency.
III. DAF's Use of Adopted CATEXes
DAF expects to use the above listed CATEXes for proposed actions
that would enhance mission capabilities and effectiveness, improve
safety, and increase operational efficiencies. The examples listed
below are illustrative and not an exclusive list of the proposed
actions for which CATEXes may be available. For example, the DAF would
construct minor additions or small construction projects where the site
and scale of the new construction is compatible with existing land use,
and upon completion, the use or operation of the new construction would
comply with existing regulations consistent with DA CATEX (c)(1) or DON
CATEX (f)(33). Also, consistent with DA CATEX (c)(2), the DAF may
utilize this CATEX
[[Page 92914]]
for the demolition of facilities and structures, not including historic
buildings even where asbestos, PCB's, lead-based paint, and other
special hazard items are present. DON CATEX (f)(37) would allow DAF to
conduct routine dredging to maintain navigational channels to their
original permitted depths. Use of DA CATEX (d)(2) would allow the DAF
to conduct routine maintenance of stormwater conveyance structures in
accordance with USACE permit requirements under section 404 of the
Clean Water Act to reduce flooding. The categories of actions described
herein are activities for which the DAF contemplates using the CATEXes
at this time; however, DAF may expand use of the CATEXes identified in
section II to other activities where appropriate and would consult with
the establishing agency, as needed. When the establishing agency CATEX
requires written record to document application of the CATEX, the DAF
Environmental Planning Function (EPF) shall complete a detailed Air
Force Form 813 Request for Environmental Impact Analysis to document
application of the CATEX. Where the CATEX mentions the owning agency,
DAF adoption makes the CATEX available for DAF activities.
IV. Consideration of Extraordinary Circumstances
If an agency determines that a CATEX covers a proposed action, the
agency must evaluate the proposed action for extraordinary
circumstances in which a normally excluded action may have a
significant effect consistent with 40 CFR 1501.4(b). DAF has its own
NEPA implementing procedures to guide its application of extraordinary
circumstances. Further, DAF will apply the owning agency's
extraordinary circumstances. If an extraordinary circumstance is
present, determine whether there are circumstances that lessen the
impacts or other conditions sufficient to avoid significant effects,
consistent with 40 CFR 1501.4(b). The DAF EPF must document application
of any mitigated CATEX on a fully developed AF Form 813. If DAF cannot
apply a CATEX to a particular proposed action due to extraordinary
circumstances, DAF will prepare an EA or EIS, consistent with 40 CFR
1501.4(b)(2).
V. Consultation With Establishing Agencies and Determination of
Appropriateness
DAF worked with DA, DON, NASA, TVA, and ARS to identify thirty-five
CATEXes that could apply to DAF proposed actions and began consultation
on 20 March 2024. During the consultation, the agencies discussed
whether the categories of DAF proposed actions would be appropriately
covered by CATEXes from the above listed Federal agencies; the
extraordinary circumstances that DAF should consider before applying
these CATEXes to DAF's proposed actions; the requirement to evaluate,
before use of the above listed Federal agencies CATEXes, the conditions
listed as integral elements in these agencies NEPA regulations (listed
in Section II above); and what documentation DAF should complete when
applying these CATEXes. The agencies also considered past use of the
CATEXes by the DA, DON, NASA, TVA, and ARS, including how often these
agencies modified a proposed action or prepared an EA or EIS for a
proposed action otherwise covered by the CATEXes. At the conclusion of
that process, the agencies determined that DAF's proposed use of the
CATEXes as described in this notice would be appropriate.
VI. Conclusion
This notice documents adoption of the thirty-five CATEXes listed
above in accordance with 42 U.S.C. 4336c (4)), and they are available
for use by DAF, effective immediately.
Tommy W. Lee,
Acting Air Force Federal Register Liaison Officer.
[FR Doc. 2024-27545 Filed 11-22-24; 8:45 am]
BILLING CODE 3911-44-P
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