7 CFR Part 1970

Subpart B – NEPA Categorical Exclusions

Executive Summary:

Categorial Exclusion (CE) is a class of actions that a Federal agency has determined, after review by  Council of Environmental Quality (CEQ), do not individually or cumulatively have a significant effect on the human environment and therefore, neither an environmental assessment (EA) nor an environmental impact statement (EIS) is normally required, but on occasion may require an Environmental Report (ER) under the Rural Utilities Services (RUS), when a project receives RUS funds. Department of Energy’s CEs are listed in appendices A and B to subpart D of its NEPA regulations, 10 CFR Part 1021.

Regulations & Compliance

Applicable CEs for the purpose of the electric generation and transmission include the following categories and subcategories:

  • CEs involving no or minimal disturbance without an environmental report. These actions do not normally require applicants to submit environmental documentation with their applications. However, these applicants may be required to provide environmental information at the Agency’s request.
    • Energy proposals – upgrading and rebuilding existing facilities that do not affect the environment beyond the previously-developed, including but not limited to:
      • Pole replacement and structural upgrades
      • Phase or voltage conversions or rebuilding of distribution lines
      • Construction of a small standby electric generating facility < 1MW for the purpose of providing emergency power for an existing facility
    • Emergency Situations –  Repairs can be made to damaged facilities to return them to service, if necessary, to preserve life and control the immediate impacts of the emergency.

 

  • A CE involving small-scale development with an environmental report for small-scale energy proposals. These normally require the submission of an environmental report (ER) by an applicant to allow the agency to determine whether an extraordinary circumstance exists. If the agency determines extraordinary circumstances exist, an EA or EIS will be required.
    • Small-Scale Energy Proposals –  Construction, upgrades, or relocation of substations and power lines within certain voltage requirements.
      • Construction, relocation, or modifications of electric power substations
      • Construction of power lines and associated facilities designed for operation of
        • < 69 kV
        • <230 kV and < 26 miles of line
        • > 230 kV and < 3 miles of line
      • Modifications or enhancements to existing facilities that would not substantially change the footprint or function of the facility for the purpose of improving energy efficiency

Information to be included in the Environmental Report

  • Project description and location
  • Land ownership and land use
  • Historic Preservation
  • Threatened and Endangered Species/Biological Resources
  • Wetlands
  • Floodplains
  • Coastal areas
  • Important farmland
  • Environmental Risk management
  • Other resources

 

Helpful Resources

Flowchart for Processing Categorial Exclusion Actions

NEPAssist: EPA’s useful screening tool

USDA Environmental Checklist for CEs

Subpart B – NEPA Categorical Exclusions

 

7 CFR Part 1970

Subpart D – NEPA Environmental Impact Statements

Executive Summary:

The purpose of an Environmental Impact Statement (EIS) is to provide a full and fair discussion of significant environmental impacts and to inform the Agency and public of reasonable alternatives to the proposal, as well as any measures that would avoid or minimize adverse impacts. The “environment” considered in an EIS includes land, water, air, structures, living organisms, and environmental values at the site, as well as social, cultural, and economic impacts.

An EIS should be prepared if EA determines significant impacts cannot be mitigated, or if the proposed project falls into one of the following categories:

  • Siting, construction, and decommissioning of major treatment, storage, and disposal facilities for hazardous waste
  • Proposals that change or convert the land use of an area greater than 640 contiguous acres
  • New electric-generating facilities, other than gas-fired prime movers or renewable system, with a rating greater than 50 avg. MW and all new associated electric transmission facilities
  • New mining operations when the applicant has effective control
  • Agency proposals for legislation that may have significant environmental impact

Notice of Intent and Scoping:

Before the EIS is prepared, the applicant must prepare and publish a Notice of Intent (NOI) in order to inform the community of the proposal and possible environmental impacts. The following describes the procedure for publishing the NOI and the public meeting process:

  • Notice of Intent (NOI) published in the Federal Register at least 14 days prior to the public scoping meeting(s)
  • The applicant must publish a notice similar to the NOI in one or more newspapers of local circulation, or provide similar information through other approved distribution methods, at least 14 days prior to each public scoping meeting
  • The applicant must invite the affected Federal, state, and local agencies and tribes to inform them of the proposal and identify the permits and approvals that must be obtained
  • For each scoping meeting held, the Agency will determine the significant issues to be analyzed in depth and identify and eliminate the issues that are not significant

Preparation of an EIS:

The EIS must address the potential environmental impacts associated with the proposal. This can be accomplished by information collection and analysis from environmental experts at universities, local, state, and Federal agencies, and Indian tribes.

  • The Agency files the EIS draft with the EPA’s office of Federal Activities
  • The agency will publish in the Federal Register a  Notice of Availability (NOA) announcing that either the draft or final EIS is available for review and comment
  • The applicant must concurrently publish a similar announcement using one or more of the approved distribution methods
  • Minimum public comment time periods are calculated from the date on which the EPAs NOA is published in the Federal Register
  • The Agency will review and assess comments and develop responses to comments received. Possible responses include:
    • modifying the alternatives considered
    • negotiating with the applicant to modify or mitigate specific project elements
    • developing and evaluating alternatives not previously considered
    • supplementing or modifying the analysis
    • making factual corrections
    • explaining why comments do not warrant further response
  • A supplement to a draft or final EIS will be announced, prepared, and circulated in the same manner as a draft
  • A Record of Decision (ROD) is a concise public record of the Agency’s decision and is executed by the Agency and may be signed no sooner than 30 days after the publication of EPA’s NOA of the final EIS in the Federal Register

Contents of an EIS:

  • Summary
  • Purpose and Need
  • Proposed action and alternatives
  • Affected environment
  • Expected impacts
  • Consultation and coordination
  • Appendices

 

Example EIS Flowchart

Helpful Resources

Fact Sheet: CEQ Report on Environmental Impact Statement Timelines

Subpart D – Environmental Impact Statements

 

7 CFR Part 1970

Subpart H – Historic and Cultural Resources

 

Executive Summary

The term “cultural resource” isn’t defined in the NEPA, but several laws and executive orders deal with different types of resources. NEPA (National Environmental Policy Act), ESA (Endangered Species Act) , and NHPA (National Historic Preservation Act) are all implemented through individual regulatory requirements. These guidelines help protect and preserve these highly valued resources.

Regulations and Compliance

Historic Properties are considered significant when one or more of the following criteria apply and it posses most of all of the following: location, design, materials, workmanship, association, setting, and feeling.

  • Association with vents that have made a significant contribution of the broad patterns of our history
  • Association with the lives of significant persons in the past
  • Embodiment of the distinctive characteristics of a type, period, or method of construction that represents the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity
  • Yield or may be likely to yield information important in historic or prehistory, like archeological sites

These criteria are all considered under the Section 106 Review Process. The following is a brief summary of the process.

Initiate the Process

Determine the undertaking of the project and coordinate with other reviews. Identify any parties that are necessary to work with, such as any Indian Tribes and the State Historic Preservation Office (SHPO). Plan to involve the public and give preliminary notice of the project.

Identify Historic Properties

Make a reasonable and good faith effort to identify any historic or cultural resources. Determine National Register eligibility. Consult any parties that have a stake in the project.

Assess Adverse Effects

Describe the potential affects and notify parties and public.

Resolve Adverse Effects

Develop and consider alternatives or modifications to avoid, minimize, or mitigate adverse effects

Helpful Resources

In subpart H, there are templates for initial consultation with the SHPO, Finding of Effect, and Section 106 Conclusion memo.

Section 106 Regulations Flow Chart