In a Jan. 3, 2011, Federal Register notice, the Department of Energy proposed to amend its existing regulations governing compliance with the National Environmental Policy Act (NEPA). The majority of the changes are proposed for the categorical exclusions provisions contained in its NEPA Implementing Procedures, with a small number of related changes proposed for other provisions. These proposed changes are intended to better align the department's regulations, particularly its categorical exclusions, with DOE's current activities and recent experiences, and to update the provisions with respect to current technologies and regulatory requirements. The DOE proposes to establish 20 new categorical exclusions, and to remove two categorical exclusion categories, one environmental assessment (EA) category, and two environmental impact statement (EIS) categories. Other proposed changes modify and clarify existing provisions.

The DOE is updating its basic NEPA regulations (10 CFR part 1021), primarily with changes to subpart D and with a few changes to subpart C. The majority of changes are proposed for the categorical exclusion provisions at 10 CFR part 1021, subpart D, appendices A and B, with a small number of related changes proposed for other provisions within subparts C and D.

The 20 new categorical exclusions (in the order in which they appear in appendix B) address the following:

• Stormwater runoff control;
• Lead-based paint removal;
• Recycling stations;
• Determinations of excess real property;
• Small-scale educational facilities;
• Small-scale indoor research and development projects using nanoscale materials;
• Research activities in salt water and freshwater environments;
• Experimental wells for injection of small quantities of CO₂; combined heat and power or cogeneration systems;
• Small-scale renewable energy research and development and pilot projects;
• Solar photovoltaic systems; solar thermal systems;
• Wind turbines;
• Ground source heat pumps;
• Biomass power plants; methane gas recovery and utilization systems;
• Alternative fuel vehicle fueling stations;
• Electric vehicle charging stations;
• Drop-in hydroelectric systems; and
• Small-scale renewable energy research and development and pilot projects in salt water and freshwater environments.

DOE also proposed to remove two categorical exclusion categories, one EA category, and two EIS categories, and modify many of the existing categorical exclusions. These revisions include substantive changes, as well as changes to reflect current regulatory or statutory references and requirements, and punctuation and grammatical changes to improve readability, clarity, and internal consistency.

The Department last updated its categorical exclusions in 1996. Since that time, the range of activities in which DOE is involved has changed and expanded. For example, in recent years, DOE has received more applications for financial support from private applicants for actions that promote energy efficiency and energy independence. DOE has received thousands of applications under grant and loan programs established by the Energy Policy Act of 2005, the Energy Independence and Security Act of 2007, and the American Recovery and Reinvestment Act of 2009. Another change since 1996 is the growth and development of new technologies in the private and public sectors, including energy-efficient and renewable energy technologies, and DOE's experience with those technologies. Through this proposed rulemaking, DOE proposes to update its categorical exclusions to address the department's current activities and its experience and bring the provisions up-to-date with current technology and regulatory requirements.

Comments should be received by (or, if mailed, postmarked by) Feb. 17, 2011 to ensure consideration

SOURCE: Federal Register