Notice2024-29088
National Environmental Policy Act; Proposed Implementing Procedures and Categorical Exclusions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 11, 2024
Issuing agencies
Commerce Department
Abstract
Federal agencies are required to develop procedures to implement the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) regulations implementing NEPA. Consistent with these requirements, the National Institute of Standards and Technology (NIST) is proposing new NEPA implementing procedures (NEPA Procedures), including the establishment of new categorical exclusions (CEs) as part of its NEPA Procedures. CEs are categories of actions that an agency has determined normally do not have a significant effect on the human environment, individually or in the aggregate. CEs are a form of review that agencies use to comply with NEPA for proposed actions that normally have no or minimal environmental effects. NIST requests the views of the public on its draft NEPA Procedures as well as its substantiation record for the proposed CEs.
Full Text
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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99834-99839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29088]
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DEPARTMENT OF COMMERCE
National Environmental Policy Act; Proposed Implementing
Procedures and Categorical Exclusions
AGENCY: National Institute of Standards and Technology, Department of
Commerce.
ACTION: Notice; request for comments.
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SUMMARY: Federal agencies are required to develop procedures to
implement the National Environmental Policy Act (NEPA) and the Council
on Environmental Quality (CEQ) regulations implementing NEPA.
Consistent with these requirements, the National Institute of Standards
and Technology (NIST) is proposing new NEPA implementing procedures
(NEPA Procedures), including the establishment of new categorical
exclusions (CEs) as part of its NEPA Procedures. CEs are categories of
actions that an agency has determined normally do not have a
significant effect on the human environment, individually or in the
aggregate. CEs are a form of review that agencies use to comply with
NEPA for proposed actions that normally have no or minimal
environmental effects. NIST requests the views of the public on its
draft NEPA Procedures as well as its substantiation record for the
proposed CEs.
DATES: Submit written comments on or before January 10, 2025.
ADDRESSES: The draft NEPA Procedures and CE substantiation record are
available for review at <a href="https://www.nist.gov/chips/national-environmental-policy-act-nepa">https://www.nist.gov/chips/national-environmental-policy-act-nepa</a>. Submit all electronic public comments
via email to <a href="/cdn-cgi/l/email-protection#adeee5e4fdfee3e8fdecedcec5c4ddde83cac2db"><span class="__cf_email__" data-cfemail="76353e3f26253833263736151e1f060558111900">[email protected]</span></a> citing ``NEPA Procedures'' in the
subject line. NIST will accept comments in attached Word or PDF formats
or within the body of the email.
Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered by NIST. All comments received are a part of the public
record; commenters should not include personal identifying information
(e.g., name, address, etc.), confidential business information, or
otherwise sensitive information. NIST will accept anonymous comments.
The most helpful comments include a specific recommendation, explain
the reason for any recommended change, and provide supporting
information. NIST will consider all relevant comments received on or
before the closing date.
FOR FURTHER INFORMATION CONTACT: David Frenkel, NIST, telephone number
240-204-1960, email <a href="/cdn-cgi/l/email-protection#c084a1b6a9a4ee86b2a5aeaba5ac80a3a8a9b0b3eea7afb6"><span class="__cf_email__" data-cfemail="82c6e3f4ebe6acc4f0e7ece9e7eec2e1eaebf2f1ace5edf4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Legal Framework
The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et
seq., requires Federal agencies to consider the environmental effects
of their proposed actions in their decision-making processes and inform
and engage the public in that process. Section 101(a) of NEPA sets
forth a national policy to use all practicable means and measures,
including financial and technical assistance, in a manner calculated to
foster and promote the general welfare, to create and maintain
conditions under which humans and nature can exist in productive
harmony, and fulfill the social, economic, and other requirements of
present and future generations of Americans. 42 U.S.C. 4331(a). Section
102 of NEPA directs agencies to interpret and administer Federal
policies, regulations and laws consistent with NEPA's policies. 42
U.S.C. 4332.
NEPA also created the Council on Environmental Quality (CEQ), which
has issued regulations implementing NEPA, 40 CFR parts 1500 through
1508 (CEQ regulations). CEQ also has issued numerous guidance documents
to facilitate agency implementation of NEPA. See CEQ, CEQ Guidance
Documents, <a href="https://ceq.doe.gov/guidance/guidance.html">https://ceq.doe.gov/guidance/guidance.html</a>.
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 (CE). 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 1501.3(c)(3), part 1502,
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 EA, which is a concise public document used to
support agency decision making. 40 CFR 1501.3(c)(2), 1501.5, 1508.1(j).
After completing the analysis in 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, or conclude that the
action is likely to have significant effects and therefore requires
preparation of an EIS. 40 CFR 1501.6(a), 1508.1(j).
Under NEPA and the CEQ regulations, a Federal agency may establish
CEs-- categories of actions that the agency has determined normally do
not have a significant effect on the human environment, individually or
in the aggregate--in its agency NEPA procedures. 42 U.S.C. 4336(e)(1);
40 CFR 1501.4(a), 1507.3(c)(8), 1508.1(e). If an agency determines that
a CE established in its agency NEPA procedures covers a proposed
action, it then evaluates the proposed action for
[[Page 99835]]
extraordinary circumstances, which are factors or circumstances that
indicate a normally categorically excluded action may have a
significant effect. 40 CFR 1501.4(b), 1508.1(o). If an extraordinary
circumstance exists, the agency nevertheless may apply the CE if it
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 avoid the potential to result in significant effects. 40
CFR 1501.4(b)(1). In these cases, the agency must document such
determination. Id. If the agency cannot categorically exclude the
proposed action, it will prepare an EA or EIS, as appropriate. 40 CFR
1501.4(b)(2).
On May 1, 2024, CEQ finalized its ``Bipartisan Permitting Reform
Implementation Rule'' to revise its regulations for implementing the
procedural provisions of NEPA, including the amendments to NEPA in the
Fiscal Responsibility Act. Under the revised regulations, each Federal
agency must, by July 1, 2025, develop procedures to implement NEPA and
the CEQ regulations, facilitate efficient decision making, and ensure
that the agencies make decisions in accordance with the policies and
requirements of NEPA. 40 CFR 1507.3. As part of their procedures,
agencies must establish CEs and identify extraordinary circumstances.
40 CFR 1507.3(c)(8). When establishing new or revising existing CEs in
agency NEPA procedures, agencies must substantiate the proposed new or
revised CEs with sufficient information to conclude that each category
of actions does not have a significant effect, individually or in the
aggregate, on the human environment, and provide this substantiation in
a written record that is made publicly available as part of the notice
and comment process for developing or revising proposed agency
procedures. See 40 CFR 1507.3(b), (c)(8). In developing NEPA
procedures, agencies must consult with CEQ and provide an opportunity
for public review. 40 CFR 1507.3(b)(1), (2). Before publishing final
procedures, agencies must receive a determination from CEQ that the
procedures conform with NEPA and the CEQ regulations. See 40 CFR
1507.3(b)(2).
Background
Founded in 1901, NIST's mission is to promote U.S. innovation and
industrial competitiveness by advancing measurement science, standards,
and technology in ways that enhance economic security and improve our
quality of life. Historically, NIST has carried out this mission
through operation of the NIST Laboratories, which conduct world-class
research, often in close collaboration with industry, that advances the
nation's technology infrastructure and helps U.S. companies continually
improve products and services.
In August 2022, Congress passed the CHIPS Act of 2022, which
amended title XCIX of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, 15 U.S.C. 4651 et seq., also
known as the Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Act. The law provides the Department of Commerce
with $50 billion for a suite of programs to strengthen and revitalize
the U.S. position in semiconductor research, development, and
manufacturing. The CHIPS for America program encompasses two offices
within NIST responsible for implementing the law: the CHIPS Research
and Development Office is investing $11 billion into developing a
robust domestic semiconductor R&D ecosystem, while the CHIPS Program
Office is dedicating $39 billion to provide incentives for investment
in semiconductor facilities and equipment in the United States. NIST is
uniquely positioned to successfully administer the CHIPS for America
program because of the bureau's strong relationships with U.S.
industries, its deep understanding of the semiconductor ecosystem, and
its reputation as fair and trustworthy.
NEPA may apply to activities conducted by NIST, including on its
campuses in Gaithersburg, MD, and Boulder, CO, as well as to activities
for which NIST provides financial assistance. NIST's NEPA Procedures
are intended to make the NEPA process more useful to both NIST and the
public and will serve as a repository for guidance and resources to aid
NIST in implementation of NEPA.
As part of its NEPA Procedures, NIST is proposing 18 new CEs and
has prepared a substantiation record to support establishment of each
CE. The proposed CEs are supported by long-standing CEs and
substantiation records that have been developed by other Federal
agencies through processes consistent with NEPA regulatory requirements
and CEQ guidance on the establishment of CEs. NIST identified existing
CEs established by other federal agencies that are sufficiently
described in supporting substantiation records to demonstrate that the
actions covered by these existing CEs are similar in nature, scope, and
impact on the human environment to actions performed by NIST. NIST also
reviewed and analyzed other past actions by NIST and other federal
agencies, including supporting NEPA documentation, to develop the
proposed CEs. The past actions were evaluated to demonstrate that the
actions that would be covered by NIST's proposed CEs normally do not
have a substantial effect on the human environment, individually or in
the aggregate. For a detailed discussion of and substantiation for each
proposed CE, please refer to the substantiation record available at
<a href="https://www.nist.gov/chips/national-environmental-policy-act-nepa">https://www.nist.gov/chips/national-environmental-policy-act-nepa</a>.
In this notice, NIST is requesting public comment on its draft NEPA
Procedures, including on the 18 new CEs proposed as part of those
Procedures, and on the substantiation record supporting those new CEs.
To facilitate public comment, NIST is reproducing those 18 proposed CEs
in this Notice. Additionally, the Building CHIPS in America Act
recently established a number of CEs for use by NIST, which are also
reproduced below. The Procedures include an Appendix A that lists all
CEs available for use by NIST. NIST has consulted with CEQ on its
proposal and is seeking input from the public.
A. Proposed New Categorical Exclusions
I. Administrative Activities
I-1. Preparation, modification, and issuance of policy directives,
rules, regulations, procedures, guidelines, guidance documents,
bulletins, and informational publications that are of an
administrative, financial, legal, technical, or procedural nature, for
which the environmental effects are too broad, speculative, or
conjectural to lend themselves to meaningful analysis and will be, in
whole or part, subject later to the NEPA process, either collectively
or on a case-by-case basis.
I-2. Planning, educational, informational, or advisory activities
provided to other agencies, public and private entities, visitors,
individuals, or the public, including training exercises and
simulations conducted under appropriately controlled conditions and in
accordance with all applicable laws, regulations, and requirements.
I-3. Preparation and dissemination of scientific results, studies,
surveys, audits, reports, plans, papers, recommendations, and technical
advice.
I-4. Technical assistance to other Federal, Tribal, State, and
local agencies or the public.
[[Page 99836]]
I-5. Contracts, collaborative research agreements, cooperative
research and development agreements, interagency agreements, and other
agreements that do not concern environmental matters or where the
environmental effects are negligible.
II. Operations
II-1. Routine procurement, use, storage, transportation, and
disposal of non-hazardous goods and services in support of
administrative, operational, or maintenance activities in accordance
with Executive Orders and Federal procurement guidelines. Examples
include office supplies and furniture; equipment; mobile assets (i.e.,
vehicles, vessels, aircraft); utility services; and deployable
emergency response supplies and equipment.
II-2. Routine use of hazardous materials (including procurement,
transportation, distribution, and storage of such materials) and reuse,
recycling, and disposal of solid, medical, radiological, or hazardous
waste in a manner that is consistent with all applicable laws,
regulations, and requirements. Examples include use of chemicals for
laboratory applications; refueling of storage tanks; temporary storage
and disposal of solid waste; disposal of waste through manufacturer
return and recycling programs; and hazardous waste minimization
activities, including source reduction activities and recycling.
II-3. Maintenance of facilities, equipment, and grounds. Examples
include interior utility work, road maintenance, window washing, lawn
mowing, landscaping, weed management/maintenance, trash collecting,
facility cleaning, and snow removal.
III. Facility Modernization
III-1. Internal modifications, renovations, or additions (e.g.,
computer facilities, relocating interior walls) to structures or
buildings that do not result in a change in the functional use of the
property.
* III-2. Exterior renovation, addition, repair, alteration, safety
and environmental improvements, and demolition projects affecting
buildings, roads, grounds, equipment, and other facilities, including
subsequent disposal of debris, which may be contaminated with hazardous
materials, lead, or asbestos. Hazardous materials must be disposed of
at approved sites in accordance with all applicable laws, regulations,
and requirements. These actions do not result in a significant change
in the expected useful life, design capacity, or function of the
facility and during which operations may be suspended and then resumed,
and they do not include rebuilding or modifying substantial portions of
a facility (such as replacing a reactor vessel). Examples include the
following:
(a) Painting, roofing, siding, or alterations to an existing
building;
(b) Adding a small storage shed to an existing building;
(c) Retrofitting for energy and water conservation and efficiency,
including weatherization, installation of timers on hot water heaters,
installation of energy efficient lighting, and installation of low flow
plumbing fixtures.
(d) Closing and demolishing a building not eligible for listing
under the National Register of Historic Places; or
(e) Replacement/upgrade of control valves, in-core monitoring
devices, facility air filtration systems, or substation transformers or
capacitors; addition of structural bracing to meet earthquake standards
and/or sustain high wind loading; and replacement of aboveground or
belowground tanks and related piping, provided that there is no
evidence of leakage, based on testing in accordance with applicable
requirements (such as 40 CFR 265, ``Interim Status Standards for Owners
and Operators of Hazardous Waste Treatment, Storage, and Disposal
Facilities'' and 40 CFR 280, ``Technical Standards and Corrective
Action Requirements for Owners and Operators of Underground Storage
Tanks'').
(f) Covered actions include, but are not limited to weatherization
(such as insulation and replacing windows and doors); programmed
lowering of thermostat settings; placement of timers on hot water
heaters; installation or replacement of energy efficient lighting, low-
flow plumbing fixtures (such as faucets, toilets, and showerheads),
heating, ventilation, and air conditioning systems, and appliances;
installation of drip-irrigation systems; improvements in generator
efficiency and appliance efficiency ratings; efficiency improvements
for vehicles and transportation (such as fleet changeout); power
storage (such as flywheels and batteries, generally less than 10
megawatt equivalent); transportation management systems (such as
traffic signal control systems, car navigation, speed cameras, and
automatic plate number recognition); development of energy-efficient
manufacturing, industrial, or building practices; and small-scale
energy efficiency and conservation research and development and small-
scale pilot projects.
* III-3. Minor improvements to existing steam plants and cooling
water systems (including, but not limited to, modifications of existing
cooling towers and ponds), provided that the improvements would not:
(a) Create new sources of water or involve new receiving waters;
(b) Have the potential to significantly alter water withdrawal
rates;
(c) Exceed the permitted temperature of discharged water; or
(d) Increase introductions of, or involve new introductions of,
hazardous substances, pollutants, contaminants, or Comprehensive
Environmental Response, Compensation, and Liability Act-excluded
(CERCLA) petroleum and natural gas products.
* III-4. 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.
IV. Real Property
* IV-1. Acquisition or use of existing facilities or portions
thereof by purchase, lease, or use agreement where use or operation
will remain unchanged. Examples include acquiring office space through
lease, purchase, or use agreement, and acquisition of laboratory space
through lease, purchase, or use agreement.
* IV-2. Decisions and actions to close facilities, decommission
equipment, or temporarily discontinue use of facilities or equipment,
where the facility or equipment, including office equipment,
telecommunications equipment, and computer equipment, is not used to
prevent or control environmental impacts.
V. Research
* V-1. Proposed new and recurring activities and operations
conducted in laboratories and facilities where research practices and
safeguards (including but not limited to environmental permits for
operation) prevent environmental impacts, would
[[Page 99837]]
be consistent with previously established safety levels, and would not
result in a change in use of the facility. Examples include types of
research, development, testing, and evaluation activities, and
laboratory operations conducted within existing facilities designed to
support research and development activities. Not included in this
category are demonstration actions, meaning actions that are undertaken
at a scale to show whether a technology would be viable on a larger
scale and suitable for commercial deployment.
* V-2. Outdoor research activities conducted in compliance with all
applicable laws, regulations, and requirements. Examples include types
of research, development, testing, and evaluation activities conducted
outdoors where no new ground disturbance occurs and no sensitive
resources (e.g., threatened or endangered species, archaeological
sites, Tribal resources, wetlands, and waterbodies) are present, such
as radar testing, radio noise measurements, and public safety
communications research.
VI. Facility Construction
* VI-1. New construction or improvement of buildings or
experimental equipment (e.g., trailers, prefabricated buildings, and
test slabs) on previously disturbed ground, with no more than 1 acre
(0.4 hectare) of ground disturbance in previously disturbed areas,
where the proposed facility use is generally compatible with the
surrounding land use and applicable zoning standards and will not
require additional support infrastructure. Such facilities could be
used for indoor small-scale research and development projects and
small-scale pilot projects using nanoscale materials in accordance with
applicable requirements (such as engineering, worker safety,
procedural, and administrative regulations) necessary to ensure the
containment of any hazardous materials.
VII. Federal Assistance
VII-1. Actions related to financial assistance administration
performed at any stage during the financial assistance lifecycle, such
as the development and issuance of guidance; announcements of
availability of funds; project reviews for program eligibility;
provision of technical assistance; conducting inspections, financial
audits, and monitoring activities; development of information
technology systems for financial assistance management; close-out
activities; and actions taken in situations where an awardee is in non-
conformance with program requirements, such as disallowances,
recoupment of funds, and debarment.
CEs labeled with an asterisk (*) require documentation in
accordance with NIST's NEPA Procedures.
B. Categorical Exclusions Established by 15 U.S.C. 4652(d)(1)
Each of the following categorical exclusions was established for
the National Institute of Standards and Technology with respect to a
covered activity, defined as any activity relating to the construction,
expansion, or modernization of a facility, the investment in which is
eligible for Federal financial assistance under 15 U.S.C. 4652 or 4656,
and is available for use by the Secretary:
A. Categorical exclusion 17.04.d (relating to the acquisition of
machinery and equipment) in the document entitled `EDA Program to
Implement the National Environmental Policy Act of 1969 and Other
Federal Environmental Mandates As Required' (Directive No. 17.02-2;
effective date October 14, 1992).
<bullet> EDA (d). Acquisition of machinery and equipment (M&E)
unless these require applications for or amendments to existing air,
water or solid waste permits.
B. Categorical exclusion A9 in Appendix A to subpart D of part 1021
of title 10, Code of Federal Regulations, or any successor regulation.
<bullet> DOE A9. Information gathering (including, but not limited
to, literature surveys, inventories, site visits, and audits), data
analysis (including, but not limited to, computer modeling), document
preparation (including, but not limited to, conceptual design,
feasibility studies, and analytical energy supply and demand studies),
and information dissemination (including, but not limited to, document
publication and distribution, and classroom training and informational
programs), but not including site characterization or environmental
monitoring. (See also B3.1 of appendix B to this subpart.)
C. Categorical exclusions B1.24, B1.31, B2.5, and B5.1 in Appendix
B to subpart D of part 1021 of title 10, Code of Federal Regulations,
or any successor regulation.
<bullet> DOE B1.24. Transfer, lease, disposition, or acquisition of
interests in personal property (including, but not limited to,
equipment and materials) or real property (including, but not limited
to, permanent structures and land), provided that under reasonably
foreseeable uses (1) there would be no potential for release of
substances at a level, or in a form, that could pose a threat to public
health or the environment and (2) the covered actions would not have
the potential to cause a significant change in impacts from before the
transfer, lease, disposition, or acquisition of interests.
<bullet> DOE B1.31. 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.
<bullet> DOE B2.5. Safety and environmental improvements of a
facility (including, but not limited to, replacement and upgrade of
facility components) that do not result in a significant change in the
expected useful life, design capacity, or function of the facility and
during which operations may be suspended and then resumed. Improvements
include, but are not limited to, replacement/upgrade of control valves,
in-core monitoring devices, facility air filtration systems, or
substation transformers or capacitors; addition of structural bracing
to meet earthquake standards and/or sustain high wind loading; and
replacement of aboveground or belowground tanks and related piping,
provided that there is no evidence of leakage, based on testing in
accordance with applicable requirements (such as 40 CFR part 265,
``Interim Status Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities'' and 40 CFR part 280,
``Technical Standards and Corrective Action Requirements for Owners and
Operators of Underground Storage Tanks''). These actions do not include
rebuilding or modifying substantial portions of a facility (such as
replacing a reactor vessel).
<bullet> DOE. B5.1. (a) Actions to conserve energy or water,
demonstrate potential energy or water conservation, and promote energy
efficiency that would not have the potential to cause significant
changes in the indoor or outdoor concentrations of potentially harmful
substances. These actions may involve financial and technical
[[Page 99838]]
assistance to individuals (such as builders, owners, consultants,
manufacturers, and designers), organizations (such as utilities), and
governments (such as state, local, and tribal). Covered actions
include, but are not limited to weatherization (such as insulation and
replacing windows and doors); programmed lowering of thermostat
settings; placement of timers on hot water heaters; installation or
replacement of energy efficient lighting, low-flow plumbing fixtures
(such as faucets, toilets, and showerheads), heating, ventilation, and
air conditioning systems, and appliances; installation of drip-
irrigation systems; improvements in generator efficiency and appliance
efficiency ratings; efficiency improvements for vehicles and
transportation (such as fleet changeout); power storage (such as
flywheels and batteries, generally less than 10 megawatt equivalent);
transportation management systems (such as traffic signal control
systems, car navigation, speed cameras, and automatic plate number
recognition); development of energy-efficient manufacturing,
industrial, or building practices; and small-scale energy efficiency
and conservation research and development and small-scale pilot
projects. Covered actions include building renovations or new
structures, provided that they occur in a previously disturbed or
developed area. Covered actions could involve commercial, residential,
agricultural, academic, institutional, or industrial sectors.
D. The categorical exclusions described in paragraphs (4) and (13)
of section 50.19(b) of title 24, Code of Federal Regulations, or any
successor regulation.
<bullet> HUD a(4). Public services that will not have a physical
impact or result in any physical changes, including but not limited to
services concerned with employment, crime prevention, child care,
health, drug abuse, education, counseling, energy conservation and
welfare or recreational needs.
<bullet> HUD a(13). Operating costs including maintenance,
security, operation, utilities, furnishings, equipment, supplies, staff
training and recruitment and other incidental costs; however, in the
case of equipment, compliance with Sec. 50.4(b)(1) is required.
E. Categorical exclusion (c)(1) in Appendix B to part 651 of title
32, Code of Federal Regulations, or any successor regulation.
<bullet> Army (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.
F. Categorical exclusions A2.3.8 and A2.3.14 in Appendix B to part
989 of title 32, Code of Federal Regulations, or any successor
regulation.
<bullet> USAF A2.3.8. Performing interior and exterior construction
within the 5-foot line of a building without changing the land use of
the existing building.
<bullet> USAF A2.3.14. Installing on previously developed land,
equipment that does not substantially alter land use (i.e., land use of
more than one acre). This includes outgrants to private lessees for
similar construction.
Extraordinary Circumstances
NIST has identified a list of extraordinary circumstances in its
draft NEPA Procedures. If NIST determines that a CE is appropriate for
a proposed action, NIST must also evaluate the proposed action for the
presence of extraordinary circumstances. 40 CFR 1501.4(b).
Extraordinary circumstances are situations for which NIST has
determined that further NEPA analysis may be required because they are
circumstances in which a categorically excluded action may have
significant effects. The mere presence of one or more extraordinary
circumstances does not preclude the use of a CE. A determination of
whether an action that is categorically excluded requires additional
evaluation because of extraordinary circumstances focuses on the
action's potential effects and considers the significance of those
effects in terms of the context (the potentially affected region,
interests, and resources) and the intensity (the degree or severity of
the effects) of the action. Before applying a CE, NIST must consider
whether the proposed action involves one or more of the following
extraordinary circumstances:
1. The action has potential to adversely affect human health or
safety;
2. The action is located in or may affect an area with unique
environmental characteristics, such as historic or cultural resources;
park, recreation or refuge lands; wilderness areas; wild or scenic
rivers; national natural landmarks; sole or principal drinking water
aquifers; prime farmlands; wetlands (E.O. 11990); floodplains (E.O.
11988); national monuments; and other ecologically significant or
critical areas;
3. The action may affect a species that is listed, or proposed to
be listed, as threatened or endangered under the Endangered Species Act
(ESA), or is located in the habitat of such a species;
4. The action has the potential to affect properties that are
listed or eligible for listing on the National Register of Historic
Places;
5. The action has the potential to affect lands owned by or held in
trust for a Federally recognized Tribe;
6. The action has the potential to restrict access to and
ceremonial use of Indian sacred sites on Federal lands by Indian
religious practitioners or significantly adversely affect the physical
integrity of such sacred sites (E.O. 13007);
7. The action has the potential to have a disproportionate and
adverse effect on communities with environmental justice concerns (E.O.
14096);
8. The action has the potential to violate a Federal, State,
Tribal, or local law or requirement imposed for protection of the
environment;
9. The action involves unresolved conflicts concerning alternative
uses of available resources;
10. The action has highly uncertain and potentially significant
environmental effects or involves unique or unknown environmental
risks;
11. The action has the potential to establish a precedent for
future action or represents a decision in principle about future
actions with potentially significant environmental effects; or
12. The action has the potential for significant cumulative impacts
when the proposed action is combined with other past, present and
reasonably foreseeable future actions, even though the impacts of the
proposed action may not be significant by themselves.
For CEs that NIST has adopted from other Federal agencies under
Section 109 of NEPA, NIST will consider extraordinary circumstances in
the manner described in the Federal Register notice announcing the
adoption. This process may require considering extraordinary
circumstances identified by the agency that developed the CE in that
agency's NEPA implementing procedures.
If NIST determines that an extraordinary circumstance exists, NIST
may nonetheless determine that a CE is appropriate for the proposed
action if NIST 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 modifies the
action to avoid the potential to result in significant effects. In such
cases, NIST will document the determination and
[[Page 99839]]
make it publicly available on a NIST website or through other means.
Documenting the Use of a CE
Some activities, such as routine personnel actions or purchases of
small amounts of supplies, may carry no risk of significant
environmental effects, such that there is no benefit from preparing
additional documentation when applying a CE to those activities. NIST
must, however, prepare a separate document to evaluate the
applicability of a CE in each of the following cases:
1. For any application of a CE designated by NIST as requiring
documentation, as indicated by an asterisk in the list of proposed new
CEs;
2. For any application of a CE adopted from another Federal agency
under Section 109 of NEPA; and
3. For any case in which NIST determines that a CE is appropriate
notwithstanding the existence of an extraordinary circumstance.
Such documentation must include the following:
(a) a description of the proposed action;
(b) the CE category number, title, and CE text that applies to the
action;
(c) a brief summary of the agency's rationale for determining that
the proposed action is consistent with the terms of the CE, including a
description of how the action complies with any limitations in the CE
(e.g., surface disturbance limitations);
(d) a brief summary of the agency's review of the extraordinary
circumstances (or, where applicable, the extraordinary circumstances
identified by the agency that developed a CE adopted by NIST under
Section 109 of NEPA); and
(e) where the agency has determined that one or more extraordinary
circumstance exists, the rationale for the agency's determination that
the proposed action does not in fact have the potential to result in
significant effects notwithstanding the extraordinary circumstance, or
a description of the modifications that NIST has made to the action to
avoid the potential to result in significant effects.
The document may take the form of a memorandum, a completed form,
or other similar document, so long as the above components are
included. Before the action is implemented, NIST must sign and date the
document to indicate that use of the CE is appropriate. NIST must keep
the original, signed document as part of the record for the action.
Request for Comments
NIST requests comments from the public on its draft NEPA Procedures
and its proposal to establish new CEs. The agency will consider input
from the public and consult with CEQ for a conformity determination
before finalizing its proposal.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2024-29088 Filed 12-10-24; 8:45 am]
BILLING CODE 3510-13-P
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</html>Indexed from Federal Register on December 11, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.