Notice2026-00564
Notice of Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act
Primary source
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Published
January 14, 2026
Issuing agencies
Tennessee Valley Authority
Abstract
The Tennessee Valley Authority (TVA) is adopting three categorical exclusions (CEs) from the U.S. Department of Energy (DOE), pursuant to section 109 of the National Environmental Policy Act for future application to TVA decisions concerning activities that are similar in nature to the activities for which the CEs were established. This notice describes the categories and consultation between the agencies.
Full Text
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<title>Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026)</title>
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[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Notices]
[Pages 1597-1598]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00564]
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TENNESSEE VALLEY AUTHORITY
Notice of Adoption of Categorical Exclusions Under Section 109 of
the National Environmental Policy Act
AGENCY: Tennessee Valley Authority.
ACTION: Notice.
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SUMMARY: The Tennessee Valley Authority (TVA) is adopting three
categorical exclusions (CEs) from the U.S. Department of Energy (DOE),
pursuant to section 109 of the National Environmental Policy Act for
future application to TVA decisions concerning activities that are
similar in nature to the activities for which the CEs were established.
This notice describes the categories and consultation between the
agencies.
DATES: TVA adopted the three CEs on October 20, 2025.
FOR FURTHER INFORMATION CONTACT: Matthew Higdon, NEPA Compliance
Specialist, 400 West Summit Hill Drive #11B, Knoxville, Tennessee
37902; by phone at 865-632-8051; or via email to <a href="/cdn-cgi/l/email-protection#a6cbd5cecfc1c2c9c8e6d2d0c788c1c9d0"><span class="__cf_email__" data-cfemail="5c312f34353b3833321c282a3d723b332a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. National Environmental Policy Act and Categorical Exclusions
Section 109 of the National Environmental Policy Act (NEPA) (42
U.S.C. 4321-4347), 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. 4336c. To adopt another agency's CE under section 109, the
adopting agency: (1) identifies the relevant CE listed in another
agency's (``establishing agency'') NEPA procedures ``that covers a
category of proposed actions or related actions''; (2) consults with
the establishing agency ``to ensure that the proposed adoption of the
categorical exclusion for a category of actions is appropriate''; (3)
``identifies to the public the categorical exclusion that the
[adopting] agency plans to use for its proposed actions''; and (4)
``documents adoption of the categorical exclusion.'' 42 U.S.C. 4336c.
This notice documents that TVA has complied with the requirements
under section 109 of NEPA and is adopting the DOE's CEs B4.14, B5.5,
and B6.9 listed in appendix B of DOE's NEPA implementing procedures,
issued June 30, 2025, and in appendix B of 10 CFR 1021. TVA's NEPA
procedures at 18 CFR 1318 address how TVA determines when it is
appropriate to apply a CE for proposed actions. TVA maintains a list of
50 categorical exclusions available at 18 CFR 1318.200; with these
adoptions, TVA now may apply 53 CEs, as appropriate.
II. Identification of the Categorical Exclusions
TVA is adopting three CEs listed in appendix B of DOE's NEPA
implementing procedures and in appendix B to 10 CFR part 1021, as
follows:
B4.14 Construction and operation of electrochemical-battery or
flywheel energy storage systems. Construction, operation, upgrade, or
decommissioning of an electrochemical-battery or flywheel energy
storage system within a previously disturbed or developed area or
within a small (as discussed at section 5.4(b)(2)) area contiguous to a
previously disturbed or developed area. Covered actions would be in
accordance with applicable requirements (such as land use and zoning
requirements) in the proposed project area and the integral elements
listed at the start of this appendix and would incorporate appropriate
safety standards (including the current National Fire Protection
Association 855, Standard for the Installation of Stationary Energy
Storage Systems), design and construction standards, control
technologies, and best management practices.
B5.5 Short pipeline segments. Construction and subsequent operation
of short (generally less than 20 miles in length) pipeline segments
conveying materials (such as air, brine, carbon dioxide, geothermal
system fluids, hydrogen gas, natural gas, nitrogen gas, oil, produced
water, steam, and water) between existing source facilities and
existing receiving facilities (such as facilities for use, reuse,
transportation, storage, and refining), provided that the pipeline
segments are within previously disturbed or developed rights-of-way.
B6.9 Measures to reduce migration of contaminated groundwater.
Small-scale temporary measures to reduce migration of contaminated
groundwater, including the siting, construction, operation, and
decommissioning of necessary facilities.
[[Page 1598]]
These measures include, but are not limited to, pumping, treating,
storing, and reinjecting water, by mobile units or facilities that are
built and then removed at the end of the action.
Each of these DOE CEs also includes conditions referred to as
integral elements, also listed in appendix B of DOE's NEPA implementing
procedures and in appendix B to 10 CFR part 1021. DOE defines the terms
``previously disturbed or developed,'' ``small,'' and ``small-scale''
in Section 5.4(b) of DOE's NEPA implementing procedures and in 10 CFR
1021.102(g). TVA will review and apply these integral elements and
definitions when using any of the three adopted CEs.
TVA has experience with projects involving each of these categories
of actions. Regarding CE B4.14, TVA has recently completed construction
of a battery energy storage system (BESS) at a facility near Vonore,
Tennessee. Several other TVA projects involve the construction and
operation of BESS facilities. Among the reviews cited by DOE to
substantiate this CE were several TVA environmental assessments for
BESS facilities. Because TVA has identified such systems as an
important technology to support its power generation portfolio, the
adopted CE will assist TVA in streamlining the environmental review
process for these types of facilities, when appropriate.
Regarding CE B5.5, TVA has extensive experience with projects
involving the construction and operation of pipelines that convey a
variety of materials to support its operations. Based on TVA's
experience, proposals for short pipeline segments are unlikely to
result in significant environmental effects. The adopted CE will
streamline TVA reviews of these types of projects.
TVA also has extensive experience in implementing measures to
address the migration of contaminated groundwater in a variety of
settings. Consistent with the definition of the DOE CE B6.9, some
measures conducted by TVA to address groundwater issues are small-scale
and temporary in nature and do not result in significant effects. TVA's
adoption of the CE will streamline TVA environmental reviews when such
measures are proposed.
III. Additional Considerations
TVA NEPA regulations state that ``an action that would normally
qualify as a categorical exclusion must not be so classified if an
extraordinary circumstance is present and cannot be mitigated,
including through the application of other environmental regulatory
processes.'' 18 CFR 1318.201. TVA NEPA regulations list resource
conditions that are considered in determining whether extraordinary
circumstances related to a proposed action warrant further analysis and
documentation in an EA or an EIS. 18 CFR 1318.201(a).
For the CEs adopted, as previously noted, TVA will also review the
DOE's integral elements (appendix B to DOE's NEPA implementing
procedures and appendix B to 10 CFR part 1021) and DOE's definitions of
``previously disturbed or developed,'' ``small,'' and ``small-scale''
(Section 5.4(b) of DOE's NEPA implementing procedures and 10 CFR
1021.102(g)) to ensure it is appropriate to use the CE. When applying
these adopted CEs, TVA will document its review for extraordinary
circumstances and integral elements in the form of a CE checklist.
IV. Consultations on CE Adoptions
In August 2025, TVA consulted with DOE to discuss the adoption of
CEs B4.14 and B5.5. TVA consulted with DOE about CE B6.9 in October
2025. The consultations included discussion of DOE's experience
developing and applying the CEs and of the types of actions for which
TVA plans to use the CEs. Through consultation, TVA affirmed that its
intended uses of the CEs are consistent with how DOE has applied these
CEs. In each case, these types of TVA actions are very similar to DOE
actions, and therefore the environmental effects of the TVA actions
will be very similar to the impacts of DOE actions, which are not
significant, absent the existence of extraordinary circumstances that
could involve potentially significant effects.
V. Notice of Adoption
Through consultation, TVA therefore has determined that its
proposed uses of the three CEs would be appropriate. This notice serves
to document TVA's adoption of DOE's CE B4.14, B5.5, and B6.9,
consistent with section 109 of NEPA.
Authority: 42 U.S.C. 4335(c).
Michael McCall,
Vice President, Environment and Sustainability.
[FR Doc. 2026-00564 Filed 1-13-26; 8:45 am]
BILLING CODE 8120-08-P
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