Notice2024-30972
Adoption of Categorical Exclusion From the Department of the Navy Under the National Environmental Policy Act
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 30, 2024
Issuing agencies
Defense Department
Abstract
OLDCC is adopting the DoN's Categorical Exclusion 14 for the alteration of an existing building. This notice describes the proposed action for which OLDCC intends to use the DoN Categorical Exclusion and details the consultation between the agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106456-106458]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30972]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Adoption of Categorical Exclusion From the Department of the Navy
Under the National Environmental Policy Act
AGENCY: Office of Local Defense Community Cooperation (OLDCC),
Department of Defense (DoD).
ACTION: Notice of adoption of the Department of Navy's (DoN)
Categorical Exclusion for facility renovation pursuant to section 109
of the National Environmental Policy Act (NEPA).
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SUMMARY: OLDCC is adopting the DoN's Categorical Exclusion 14 for the
alteration of an existing building. This notice describes the proposed
action for which OLDCC intends to use the DoN Categorical Exclusion and
details the consultation between the agencies.
FOR FURTHER INFORMATION CONTACT: Patrick J. O'Brien, Director, Office
of Local Defense Community Cooperation, Office of the Secretary of
Defense, 2231 Crystal Drive, Suite 520, Arlington VA 22202-4704, (703)
697-2130.
SUPPLEMENTARY INFORMATION:
I. NEPA and Categorical Exclusions
NEPA and Categorical Exclusions, 42 United States Code (U.S.C.)
4321-4347, requires all Federal agencies to assess the environmental
impacts of their
[[Page 106457]]
actions. Congress enacted 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.
NEPA seeks 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. NEPA created the Council on
Environmental Quality (CEQ), which based on 42 U.S.C. 4336c,
promulgated NEPA implementing guidance at 40 Code of Federal
Regulations (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 categorical exclusion (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. Id. 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. Id. 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 may establish in its NEPA implementing procedures
categorical exclusions, which are categories of actions the agency has
determined normally do not significantly affect the quality of the
human environment (40 CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an
agency determines that a categorical exclusion 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 categorical
exclusion to the proposed action without preparing an EA or EIS (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 categorical exclusion
listed in another agency's NEPA procedures for a category of proposed
agency actions for which the categorical exclusion was established (42
U.S.C. 4336(c)). To adopt another agency's categorical exclusion under
section 109, an agency must identify the relevant categorical exclusion
listed in that 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
categorical exclusion to a category of actions is appropriate; identify
to the public the categorical exclusion that the agency plans to use
for its proposed actions; and document adoption of the categorical
exclusion. Id. This notice documents OLDCC's adoption of DoN's
categorical exclusion under Section 109 of NEPA.
II. Identification of the Categorical Exclusion
DoN's categorical exclusion for the alteration to an existing
building when the environmental effects will remain substantially the
same and the use is consistent with applicable regulations is codified
in DoN's NEPA procedures as categorical exclusion 14 in 32 CFR
775.6(f)(14).
Proposed Action
The Manufacturers' Association of South-Central Pennsylvania
(Association) proposes to renovate their existing facility at 3405
Board Road, York, Pennsylvania to simulate a manufacturing environment
as part of the association's scope of work undertaken as part of an
OLDCC Defense Manufacturing Community Support Program funded grant.
III. Rationale for the Categorical Exclusion
The proposed renovation will take place within the existing
envelope of the facility by expanding training and classroom space. All
proposed renovation activities will not require any ground disturbance
or external changes. The proposed renovation will alter 6,000 square
feet of the existing interior warehouse space, adjacent to the
Association's currently occupied space of 12,000 square feet.
IV. Consideration of Extraordinary Circumstances
If an agency determines that a categorical exclusion 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 (40 CFR 1501.4(b)). OLDCC does not currently
have its own NEPA implementing procedures to guide its application of
extraordinary circumstances. Until OLDCC establishes NEPA implementing
procedures, for purposes of considering extraordinary circumstances in
connection with the DoN categorical exclusion discussed in this notice,
OLDCC has considered whether the proposed action has the potential to
result in significant effects, including by considering the factors
listed in DoN's definition of extraordinary circumstances (32 CFR
775.6(e)(1)).
OLDCC has assessed the proposed action and determined that none of
the extraordinary circumstances listed in 32 CFR 775.6(e)(1) that
preclude the use of categorical exclusion 14 are applicable to the
proposed action.
V. Consultation With DoN and Determination of Appropriateness
OLDCC and DoN consulted on the appropriateness of OLDCC's adoption
of the categorical exclusion from July to September 2024. DoN has
provided OLDCC with a ``no objection concurrence'' for OLDCC's proposed
adoption of the categorical exclusion. This consultation included a
review of DoN's experience applying the categorical exclusion and the
proposed action for which OLDCC plans to utilize it. Following this
consultation and review, OLDCC has determined that the impacts of the
proposed action to renovate the Association's facility is similar to
the impacts, which are not significant, of projects for which DoN may
apply the categorical exclusion. Additionally, OLDCC determined that
there are no extraordinary circumstances. Therefore, OLDCC has
determined that its proposed use of DoN's categorical exclusion 14, as
described within this notice, would be appropriate.
Notice to the Public and Documentation of Adoption
This notice documents adoption of the DoN categorical exclusion
listed above in accordance with 42 U.S.C. 4336(c) and 32 CFR
775.6(e)(1) and is available for use by OLDCC, effective immediately.
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Dated: December 19, 2024.
Stephanie J. Bost,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-30972 Filed 12-27-24; 8:45 am]
BILLING CODE 6001-FR-P
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