Appendix B to Subpart D of Part 1021 - Categorical Exclusions Applicable to Specific Agency Actions
10:4.0.3.5.14.4.83.3.35 : Appendix B
Appendix B to Subpart D of Part 1021 - Categorical Exclusions
Applicable to Specific Agency Actions Table of Contents B.
Conditions that Are Integral Elements of the Classes of Actions in
Appendix B B1. Categorical Exclusions Applicable to Facility
Operation B1.1 Changing rates and prices B1.2 Training exercises
and simulations B1.3 Routine maintenance B1.4 Air conditioning
systems for existing equipment B1.5 Existing steam plants and
cooling water systems B1.6 Tanks and equipment to control runoff
and spills B1.7 Electronic equipment B1.8 Screened water intake and
outflow structures B1.9 Airway safety markings and painting B1.10
Onsite storage of activated material B1.11 Fencing B1.12 Detonation
or burning of explosives or propellants after testing B1.13
Pathways, short access roads, and rail lines B1.14 Refueling of
nuclear reactors B1.15 Support buildings B1.16 Asbestos removal
B1.17 Polychlorinated biphenyl removal B1.18 Water supply wells
B1.19 Microwave, meteorological, and radio towers B1.20 Protection
of cultural resources, fish and wildlife habitat B1.21 Noise
abatement B1.22 Relocation of buildings B1.23 Demolition and
disposal of buildings B1.24 Property transfers B1.25 Real property
transfers for cultural resources protection, habitat preservation,
and wildlife management B1.26 Small water treatment facilities
B1.27 Disconnection of utilities B1.28 Placing a facility in an
environmentally safe condition B1.29 Disposal facilities for
construction and demolition waste B1.30 Transfer actions B1.31
Installation or relocation of machinery and equipment B1.32 Traffic
flow adjustments B1.33 Stormwater runoff control B1.34 Lead-based
paint containment, removal, and disposal B1.35 Drop-off,
collection, and transfer facilities for recyclable materials B1.36
Determinations of excess real property B2. Categorical Exclusions
Applicable to Safety and Health B2.1 Workplace enhancements B2.2
Building and equipment instrumentation B2.3 Personnel safety and
health equipment B2.4 Equipment qualification B2.5 Facility safety
and environmental improvements B2.6 Recovery of radioactive sealed
sources B3. Categorical Exclusions Applicable to Site
Characterization, Monitoring, and General Research B3.1 Site
characterization and environmental monitoring B3.2 Aviation
activities B3.3 Research related to conservation of fish, wildlife,
and cultural resources B3.4 Transport packaging tests for
radioactive or hazardous material B3.5 Tank car tests B3.6
Small-scale research and development, laboratory operations, and
pilot projects B3.7 New terrestrial infill exploratory and
experimental wells B3.8 Outdoor terrestrial ecological and
environmental research B3.9 Projects to reduce emissions and waste
generation B3.10 Particle accelerators B3.11 Outdoor tests and
experiments on materials and equipment components B3.12
Microbiological and biomedical facilities B3.13 Magnetic fusion
experiments B3.14 Small-scale educational facilities B3.15
Small-scale indoor research and development projects using
nanoscale materials B3.16 Research activities in aquatic
environments B4. Categorical Exclusions Applicable to Electric
Power and Transmission B4.1 Contracts, policies, and marketing and
allocation plans for electric power B4.2 Export of electric energy
B4.3 Electric power marketing rate changes B4.4 Power marketing
services and activities B4.5 Temporary adjustments to river
operations B4.6 Additions and modifications to transmission
facilities B4.7 Fiber optic cable B4.8 Electricity transmission
agreements B4.9 Multiple use of powerline rights-of-way B4.10
Removal of electric transmission facilities B4.11 Electric power
substations and interconnection facilities B4.12 Construction of
powerlines B4.13 Upgrading and rebuilding existing powerlines B5.
Categorical Exclusions Applicable to Conservation, Fossil, and
Renewable Energy Activities B5.1 Actions to conserve energy or
water B5.2 Modifications to pumps and piping B5.3 Modification or
abandonment of wells B5.4 Repair or replacement of pipelines B5.5
Short pipeline segments B5.6 Oil spill cleanup B5.7 Export of
natural gas and associated transportation by marine vessel B5.8
[Reserved] B5.9 Temporary exemptions for electric powerplants B5.10
Certain permanent exemptions for existing electric powerplants
B5.11 Permanent exemptions allowing mixed natural gas and petroleum
B5.12 Workover of existing wells B5.13 Experimental wells for
injection of small quantities of carbon dioxide B5.14 Combined heat
and power or cogeneration systems B5.15 Small-scale renewable
energy research and development and pilot projects B5.16 Solar
photovoltaic systems B5.17 Solar thermal systems B5.18 Wind
turbines B5.19 Ground source heat pumps B5.20 Biomass power plants
B5.21 Methane gas recovery and utilization systems B5.22
Alternative fuel vehicle fueling stations B5.23 Electric vehicle
charging stations B5.24 Drop-in hydroelectric systems B5.25
Small-scale renewable energy research and development and pilot
projects in aquatic environments B6. Categorical Exclusions
Applicable to Environmental Restoration and Waste Management
Activities B6.1 Cleanup actions B6.2 Waste collection, treatment,
stabilization, and containment facilities B6.3 Improvements to
environmental control systems B6.4 Facilities for storing packaged
hazardous waste for 90 days or less B6.5 Facilities for
characterizing and sorting packaged waste and overpacking waste
B6.6 Modification of facilities for storing, packaging, and
repacking waste B6.7 [Reserved] B6.8 Modifications for waste
minimization and reuse of materials B6.9 Measures to reduce
migration of contaminated groundwater B6.10 Upgraded or replacement
waste storage facilities B7. Categorical Exclusions Applicable to
International Activities B7.1 Emergency measures under the
International Energy Program B7.2 Import and export of special
nuclear or isotopic materials B. Conditions That Are Integral
Elements of the Classes of Actions in Appendix B
The classes of actions listed below include the following
conditions as integral elements of the classes of actions. To fit
within the classes of actions listed below, a proposal must be one
that would not:
(1) Threaten a violation of applicable statutory, regulatory, or
permit requirements for environment, safety, and health, or similar
requirements of DOE or Executive Orders;
(2) Require siting and construction or major expansion of waste
storage, disposal, recovery, or treatment facilities (including
incinerators), but the proposal may include categorically excluded
waste storage, disposal, recovery, or treatment actions or
facilities;
(3) Disturb hazardous substances, pollutants, contaminants, or
CERCLA-excluded petroleum and natural gas products that preexist in
the environment such that there would be uncontrolled or
unpermitted releases;
(4) Have the potential to cause significant impacts on
environmentally sensitive resources. An environmentally sensitive
resource is typically a resource that has been identified as
needing protection through Executive Order, statute, or regulation
by Federal, state, or local government, or a Federally recognized
Indian tribe. An action may be categorically excluded if, although
sensitive resources are present, the action would not have the
potential to cause significant impacts on those resources (such as
construction of a building with its foundation well above a
sole-source aquifer or upland surface soil removal on a site that
has wetlands). Environmentally sensitive resources include, but are
not limited to:
(i) Property (such as sites, buildings, structures, and objects)
of historic, archeological, or architectural significance
designated by a Federal, state, or local government, Federally
recognized Indian tribe, or Native Hawaiian organization, or
property determined to be eligible for listing on the National
Register of Historic Places;
(ii) Federally-listed threatened or endangered species or their
habitat (including critical habitat) or Federally-proposed or
candidate species or their habitat (Endangered Species Act);
state-listed or state-proposed endangered or threatened species or
their habitat; Federally-protected marine mammals and Essential
Fish Habitat (Marine Mammal Protection Act; Magnuson-Stevens
Fishery Conservation and Management Act); and otherwise
Federally-protected species (such as the Bald and Golden Eagle
Protection Act or the Migratory Bird Treaty Act);
(iii) Floodplains and wetlands (as defined in 10 CFR 1022.4,
“Compliance with Floodplain and Wetland Environmental Review
Requirements: Definitions,” or its successor);
(iv) Areas having a special designation such as Federally- and
state-designated wilderness areas, national parks, national
monuments, national natural landmarks, wild and scenic rivers,
state and Federal wildlife refuges, scenic areas (such as National
Scenic and Historic Trails or National Scenic Areas), and marine
sanctuaries;
(v) Prime or unique farmland, or other farmland of statewide or
local importance, as defined at 7 CFR 658.2(a), “Farmland
Protection Policy Act: Definitions,” or its successor;
(vi) Special sources of water (such as sole-source aquifers,
wellhead protection areas, and other water sources that are vital
in a region); and
(vii) Tundra, coral reefs, or rain forests; or
(5) Involve genetically engineered organisms, synthetic biology,
governmentally designated noxious weeds, or invasive species,
unless the proposed activity would be contained or confined in a
manner designed and operated to prevent unauthorized release into
the environment and conducted in accordance with applicable
requirements, such as those of the Department of Agriculture, the
Environmental Protection Agency, and the National Institutes of
Health.
B1. Categorical Exclusions Applicable to Facility Operation
B1.1
Changing rates and prices
Changing rates for services or prices for products marketed by
parts of DOE other than Power Marketing Administrations, and
approval of rate or price changes for non-DOE entities, that are
consistent with the change in the implicit price deflator for the
Gross Domestic Product published by the Department of Commerce,
during the period since the last rate or price change.
B1.2 Training exercises and simulations
Training exercises and simulations (including, but not limited
to, firing-range training, small-scale and short-duration
force-on-force exercises, emergency response training, fire fighter
and rescue training, and decontamination and spill cleanup
training) conducted under appropriately controlled conditions and
in accordance with applicable requirements.
B1.3 Routine maintenance
Routine maintenance activities and custodial services for
buildings, structures, rights-of-way, infrastructures (including,
but not limited to, pathways, roads, and railroads), vehicles and
equipment, and localized vegetation and pest control, during which
operations may be suspended and resumed, provided that the
activities would be conducted in a manner in accordance with
applicable requirements. Custodial services are activities to
preserve facility appearance, working conditions, and sanitation
(such as cleaning, window washing, lawn mowing, trash collection,
painting, and snow removal). Routine maintenance activities,
corrective (that is, repair), preventive, and predictive, are
required to maintain and preserve buildings, structures,
infrastructures, and equipment in a condition suitable for a
facility to be used for its designated purpose. Such maintenance
may occur as a result of severe weather (such as hurricanes,
floods, and tornados), wildfires, and other such events. Routine
maintenance may result in replacement to the extent that
replacement is in-kind and is not a substantial upgrade or
improvement. In-kind replacement includes installation of new
components to replace outmoded components, provided that the
replacement does not result in a significant change in the expected
useful life, design capacity, or function of the facility. Routine
maintenance does not include replacement of a major component that
significantly extends the originally intended useful life of a
facility (for example, it does not include the replacement of a
reactor vessel near the end of its useful life). Routine
maintenance activities include, but are not limited to:
(a) Repair or replacement of facility equipment, such as lathes,
mills, pumps, and presses;
(b) Door and window repair or replacement;
(c) Wall, ceiling, or floor repair or replacement;
(d) Reroofing;
(e) Plumbing, electrical utility, lighting, and telephone
service repair or replacement;
(f) Routine replacement of high-efficiency particulate air
filters;
(g) Inspection and/or treatment of currently installed utility
poles;
(h) Repair of road embankments;
(i) Repair or replacement of fire protection sprinkler
systems;
(j) Road and parking area resurfacing, including construction of
temporary access to facilitate resurfacing, and scraping and
grading of unpaved surfaces;
(k) Erosion control and soil stabilization measures (such as
reseeding, gabions, grading, and revegetation);
(l) Surveillance and maintenance of surplus facilities in
accordance with DOE Order 435.1, “Radioactive Waste Management,” or
its successor;
(m) Repair and maintenance of transmission facilities, such as
replacement of conductors of the same nominal voltage, poles,
circuit breakers, transformers, capacitors, crossarms, insulators,
and downed powerlines, in accordance, where appropriate, with 40
CFR part 761 (Polychlorinated Biphenyls Manufacturing, Processing,
Distribution in Commerce, and Use Prohibitions) or its
successor;
(n) Routine testing and calibration of facility components,
subsystems, or portable equipment (such as control valves, in-core
monitoring devices, transformers, capacitors, monitoring wells,
lysimeters, weather stations, and flumes);
(o) Routine decontamination of the surfaces of equipment, rooms,
hot cells, or other interior surfaces of buildings (by such
activities as wiping with rags, using strippable latex, and minor
vacuuming), and removal of contaminated intact equipment and other
material (not including spent nuclear fuel or special nuclear
material in nuclear reactors); and
(p) Removal of debris.
B1.4 Air conditioning systems for existing equipment
Installation or modification of air conditioning systems
required for temperature control for operation of existing
equipment.
B1.5 Existing steam plants and cooling water systems
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: (1) Create new sources of water or involve new receiving
waters; (2) have the potential to significantly alter water
withdrawal rates; (3) exceed the permitted temperature of
discharged water; or (4) increase introductions of, or involve new
introductions of, hazardous substances, pollutants, contaminants,
or CERCLA-excluded petroleum and natural gas products.
B1.6 Tanks and equipment to control runoff and spills
Installation or modification of retention tanks or small
(normally under one acre) basins and associated piping and pumps
for existing operations to control runoff or spills (such as under
40 CFR part 112). Modifications include, but are not limited to,
installing liners or covers. (See also B1.33 of this appendix.)
B1.7 Electronic equipment
Acquisition, installation, operation, modification, and removal
of electricity transmission control and monitoring devices for grid
demand and response, communication systems, data processing
equipment, and similar electronic equipment.
B1.8 Screened water intake and outflow structures
Modifications to screened water intake and outflow structures
such that intake velocities and volumes and water effluent quality
and volumes are consistent with existing permit limits.
B1.9 Airway safety markings and painting
Placement of airway safety markings on, painting of, and repair
and in-kind replacement of lighting on powerlines and antenna
structures, wind turbines, and similar structures in accordance
with applicable requirements (such as Federal Aviation
Administration standards).
B1.10 Onsite storage of activated material
Routine, onsite storage at an existing facility of activated
equipment and material (including, but not limited to, lead) used
at that facility, to allow reuse after decay of radioisotopes with
short half-lives.
B1.11 Fencing
Installation of fencing, including, but not limited to border
marking, that would not have the potential to significantly impede
wildlife population movement (including migration) or surface water
flow.
B1.12 Detonation or burning of explosives or propellants after
testing
Outdoor detonation or burning of explosives or propellants that
failed (duds), were damaged (such as by fracturing), or were
otherwise not consumed in testing. Outdoor detonation or burning
would be in areas designated and routinely used for those purposes
under existing applicable permits issued by Federal, state, and
local authorities (such as a permit for a RCRA miscellaneous unit
(40 CFR part 264, subpart X)).
B1.13 Pathways, short access roads, and rail lines
Construction, acquisition, and relocation, consistent with
applicable right-of-way conditions and approved land use or
transportation improvement plans, of pedestrian walkways and
trails, bicycle paths, small outdoor fitness areas, and short
access roads and rail lines (such as branch and spur lines).
B1.14 Refueling of nuclear reactors
Refueling of operating nuclear reactors, during which operations
may be suspended and then resumed.
B1.15 Support buildings
Siting, construction or modification, and operation of support
buildings and support structures (including, but not limited to,
trailers and prefabricated and modular buildings) within or
contiguous to an already developed area (where active utilities and
currently used roads are readily accessible). Covered support
buildings and structures include, but are not limited to, those for
office purposes; parking; cafeteria services; education and
training; visitor reception; computer and data processing services;
health services or recreation activities; routine maintenance
activities; storage of supplies and equipment for administrative
services and routine maintenance activities; security (such as
security posts); fire protection; small-scale fabrication (such as
machine shop activities), assembly, and testing of non-nuclear
equipment or components; and similar support purposes, but exclude
facilities for nuclear weapons activities and waste storage
activities, such as activities covered in B1.10, B1.29, B1.35,
B2.6, B6.2, B6.4, B6.5, B6.6, and B6.10 of this appendix.
B1.16 Asbestos removal
Removal of asbestos-containing materials from buildings in
accordance with applicable requirements (such as 40 CFR part 61,
“National Emission Standards for Hazardous Air Pollutants”; 40 CFR
part 763, “Asbestos”; 29 CFR part 1910, subpart I, “Personal
Protective Equipment”; and 29 CFR part 1926, “Safety and Health
Regulations for Construction”; and appropriate state and local
requirements, including certification of removal contractors and
technicians).
B1.17 Polychlorinated biphenyl removal
Removal of polychlorinated biphenyl (PCB)-containing items
(including, but not limited to, transformers and capacitors),
PCB-containing oils flushed from transformers, PCB-flushing
solutions, and PCB-containing spill materials from buildings or
other aboveground locations in accordance with applicable
requirements (such as 40 CFR part 761).
B1.18 Water supply wells
Siting, construction, and operation of additional water supply
wells (or replacement wells) within an existing well field, or
modification of an existing water supply well to restore
production, provided that there would be no drawdown other than in
the immediate vicinity of the pumping well, and the covered actions
would not have the potential to cause significant long-term decline
of the water table, and would not have the potential to cause
significant degradation of the aquifer from the new or replacement
well.
B1.19 Microwave, meteorological, and radio towers
Siting, construction, modification, operation, and removal of
microwave, radio communication, and meteorological towers and
associated facilities, provided that the towers and associated
facilities would not be in a governmentally designated scenic area
(see B(4)(iv) of this appendix) unless otherwise authorized by the
appropriate governmental entity.
B1.20 Protection of cultural resources, fish and wildlife habitat
Small-scale activities undertaken to protect cultural resources
(such as fencing, labeling, and flagging) or to protect, restore,
or improve fish and wildlife habitat, fish passage facilities (such
as fish ladders and minor diversion channels), or fisheries. Such
activities would be conducted in accordance with an existing
natural or cultural resource plan, if any.
B1.21 Noise abatement
Noise abatement measures (including, but not limited to,
construction of noise barriers and installation of noise control
materials).
B1.22 Relocation of buildings
Relocation of buildings (including, but not limited to, trailers
and prefabricated buildings) to an already developed area (where
active utilities and currently used roads are readily
accessible).
B1.23 Demolition and disposal of buildings
Demolition and subsequent disposal of buildings, equipment, and
support structures (including, but not limited to, smoke stacks and
parking lot surfaces), provided that 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.
B1.24 Property transfers
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.
B1.25 Real property transfers for cultural resources protection,
habitat preservation, and wildlife management
Transfer, lease, disposition, or acquisition of interests in
land and associated buildings for cultural resources protection,
habitat preservation, or fish and wildlife management, provided
that 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.
B1.26 Small water treatment facilities
Siting, construction, expansion, modification, replacement,
operation, and decommissioning of small (total capacity less than
approximately 250,000 gallons per day) wastewater and surface water
treatment facilities whose liquid discharges are externally
regulated, and small potable water and sewage treatment
facilities.
B1.27 Disconnection of utilities
Activities that are required for the disconnection of utility
services (including, but not limited to, water, steam,
telecommunications, and electrical power) after it has been
determined that the continued operation of these systems is not
needed for safety.
B1.28 Placing a facility in an environmentally safe condition
Minor activities that are required to place a facility in an
environmentally safe condition where there is no proposed use for
the facility. These activities would include, but are not limited
to, reducing surface contamination, and removing materials,
equipment or waste (such as final defueling of a reactor, where
there are adequate existing facilities for the treatment, storage,
or disposal of the materials, equipment or waste). These activities
would not include conditioning, treatment, or processing of spent
nuclear fuel, high-level waste, or special nuclear materials.
B1.29 Disposal facilities for construction and demolition waste
Siting, construction, expansion, modification, operation, and
decommissioning of small (less than approximately 10 acres) solid
waste disposal facilities for construction and demolition waste, in
accordance with applicable requirements (such as 40 CFR part 257,
“Criteria for Classification of Solid Waste Disposal Facilities and
Practices,” and 40 CFR part 61, “National Emission Standards for
Hazardous Air Pollutants”) that would not release substances at a
level, or in a form, that could pose a threat to public health or
the environment.
B1.30 Transfer actions
Transfer actions, in which the predominant activity is
transportation, provided that (1) the receipt and storage capacity
and management capability for the amount and type of materials,
equipment, or waste to be moved already exists at the receiving
site and (2) all necessary facilities and operations at the
receiving site are already permitted, licensed, or approved, as
appropriate. Such transfers are not regularly scheduled as part of
ongoing routine operations.
B1.31 Installation or relocation of machinery and equipment
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.
B1.32 Traffic flow adjustments
Traffic flow adjustments to existing roads (including, but not
limited to, stop sign or traffic light installation, adjusting
direction of traffic flow, and adding turning lanes), and road
adjustments (including, but not limited to, widening and
realignment) that are within an existing right-of-way and
consistent with approved land use or transportation improvement
plans.
B1.33 Stormwater runoff control
Design, construction, and operation of control practices to
reduce stormwater runoff and maintain natural hydrology. Activities
include, but are not limited to, those that reduce impervious
surfaces (such as vegetative practices and use of porous
pavements), best management practices (such as silt fences, straw
wattles, and fiber rolls), and use of green infrastructure or other
low impact development practices (such as cisterns and green
roofs).
B1.34 Lead-based paint containment, removal, and disposal
Containment, removal, and disposal of lead-based paint in
accordance with applicable requirements (such as provisions
relating to the certification of removal contractors and
technicians at 40 CFR part 745, “Lead-Based Paint Poisoning
Prevention In Certain Residential Structures”).
B1.35 Drop-off, collection, and transfer facilities for recyclable
materials
Siting, construction, modification, and operation of recycling
or compostable material drop-off, collection, and transfer stations
on or contiguous to a previously disturbed or developed area and in
an area where such a facility would be consistent with existing
zoning requirements. The stations would have appropriate facilities
and procedures established in accordance with applicable
requirements for the handling of recyclable or compostable
materials and household hazardous waste (such as paint and
pesticides). Except as specified above, the collection of hazardous
waste for disposal and the processing of recyclable or compostable
materials are not included in this class of actions.
B1.36 Determinations of excess real property
Determinations that real property is excess to the needs of DOE
and, in the case of acquired real property, the subsequent
reporting of such determinations to the General Services
Administration or, in the case of lands withdrawn or otherwise
reserved from the public domain, the subsequent filing of a notice
of intent to relinquish with the Bureau of Land Management,
Department of the Interior. Covered actions would not include
disposal of real property.
B2. Categorical Exclusions Applicable to Safety and Health B2.1
Workplace enhancements
Modifications within or contiguous to an existing structure, in
a previously disturbed or developed area, to enhance workplace
habitability (including, but not limited to, installation or
improvements to lighting, radiation shielding, or
heating/ventilating/air conditioning and its instrumentation, and
noise reduction).
B2.2 Building and equipment instrumentation
Installation of, or improvements to, building and equipment
instrumentation (including, but not limited to, remote control
panels, remote monitoring capability, alarm and surveillance
systems, control systems to provide automatic shutdown, fire
detection and protection systems, water consumption monitors and
flow control systems, announcement and emergency warning systems,
criticality and radiation monitors and alarms, and safeguards and
security equipment).
B2.3 Personnel safety and health equipment
Installation of, or improvements to, equipment for personnel
safety and health (including, but not limited to, eye washes,
safety showers, radiation monitoring devices, fumehoods, and
associated collection and exhaust systems), provided that the
covered actions would not have the potential to cause a significant
increase in emissions.
B2.4 Equipment qualification
Activities undertaken to (1) qualify equipment for use or
improve systems reliability or (2) augment information on
safety-related system components. These activities include, but are
not limited to, transportation container qualification testing,
crane and lift-gear certification or recertification testing, high
efficiency particulate air filter testing and certification, stress
tests (such as “burn-in” testing of electrical components and leak
testing), and calibration of sensors or diagnostic equipment.
B2.5 Facility safety and environmental improvements
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).
B2.6 Recovery of radioactive sealed sources
Recovery of radioactive sealed sources and sealed
source-containing devices from domestic or foreign locations
provided that (1) the recovered items are transported and stored in
compliant containers, and (2) the receiving site has sufficient
existing storage capacity and all required licenses, permits, and
approvals.
B3. Categorical Exclusions Applicable to Site Characterization,
Monitoring, and General Research B3.1 Site characterization and
environmental monitoring
Site characterization and environmental monitoring (including,
but not limited to, siting, construction, modification, operation,
and dismantlement and removal or otherwise proper closure (such as
of a well) of characterization and monitoring devices, and siting,
construction, and associated operation of a small-scale laboratory
building or renovation of a room in an existing building for sample
analysis). Such activities would be designed in conformance with
applicable requirements and use best management practices to limit
the potential effects of any resultant ground disturbance. Covered
activities include, but are not limited to, site characterization
and environmental monitoring under CERCLA and RCRA. (This class of
actions excludes activities in aquatic environments. See B3.16 of
this appendix for such activities.) Specific activities include,
but are not limited to:
(a) Geological, geophysical (such as gravity, magnetic,
electrical, seismic, radar, and temperature gradient), geochemical,
and engineering surveys and mapping, and the establishment of
survey marks. Seismic techniques would not include large-scale
reflection or refraction testing;
(b) Installation and operation of field instruments (such as
stream-gauging stations or flow-measuring devices, telemetry
systems, geochemical monitoring tools, and geophysical exploration
tools);
(c) Drilling of wells for sampling or monitoring of groundwater
or the vadose (unsaturated) zone, well logging, and installation of
water-level recording devices in wells;
(d) Aquifer and underground reservoir response testing;
(e) Installation and operation of ambient air monitoring
equipment;
(f) Sampling and characterization of water, soil, rock, or
contaminants (such as drilling using truck- or mobile-scale
equipment, and modification, use, and plugging of boreholes);
(g) Sampling and characterization of water effluents, air
emissions, or solid waste streams;
(h) Installation and operation of meteorological towers and
associated activities (such as assessment of potential wind energy
resources);
(i) Sampling of flora or fauna; and
(j) Archeological, historic, and cultural resource
identification in compliance with 36 CFR part 800 and 43 CFR part
7.
B3.2 Aviation activities
Aviation activities for survey, monitoring, or security purposes
that comply with Federal Aviation Administration regulations.
B3.3 Research related to conservation of fish, wildlife, and
cultural resources
Field and laboratory research, inventory, and information
collection activities that are directly related to the conservation
of fish and wildlife resources or to the protection of cultural
resources, provided that such activities would not have the
potential to cause significant impacts on fish and wildlife habitat
or populations or to cultural resources.
B3.4 Transport packaging tests for radioactive or hazardous
material
Drop, puncture, water-immersion, thermal, and fire tests of
transport packaging for radioactive or hazardous materials to
certify that designs meet the applicable requirements (such as 49
CFR 173.411 and 173.412 and 10 CFR 71.73).
B3.5 Tank car tests
Tank car tests under 49 CFR part 179 (including, but not limited
to, tests of safety relief devices, pressure regulators, and
thermal protection systems).
B3.6 Small-scale research and development, laboratory operations,
and pilot projects
Siting, construction, modification, operation, and
decommissioning of facilities for small-scale research and
development projects; conventional laboratory operations (such as
preparation of chemical standards and sample analysis); and
small-scale pilot projects (generally less than 2 years) frequently
conducted to verify a concept before demonstration actions,
provided that construction or modification would be within or
contiguous to a previously disturbed or developed area (where
active utilities and currently used roads are readily accessible).
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.
B3.7 New terrestrial infill exploratory and experimental wells
Siting, construction, and operation of new terrestrial infill
exploratory and experimental (test) wells, for either extraction or
injection use, in a locally characterized geological formation in a
field that contains existing operating wells, properly abandoned
wells, or unminable coal seams containing natural gas, provided
that the site characterization has verified a low potential for
seismicity, subsidence, and contamination of freshwater aquifers,
and the actions are otherwise consistent with applicable best
practices and DOE protocols, including those that protect against
uncontrolled releases of harmful materials. Such wells may include
those for brine, carbon dioxide, coalbed methane, gas hydrate,
geothermal, natural gas, and oil. Uses for carbon sequestration
wells include, but are not limited to, the study of saline
formations, enhanced oil recovery, and enhanced coalbed methane
extraction.
B3.8 Outdoor terrestrial ecological and environmental research
Outdoor terrestrial ecological and environmental research in a
small area (generally less than 5 acres), including, but not
limited to, siting, construction, and operation of a small-scale
laboratory building or renovation of a room in an existing building
for associated analysis. Such activities would be designed in
conformance with applicable requirements and use best management
practices to limit the potential effects of any resultant ground
disturbance.
B3.9 Projects to reduce emissions and waste generation
Projects to reduce emissions and waste generation at existing
fossil or alternative fuel combustion or utilization facilities,
provided that these projects would not have the potential to cause
a significant increase in the quantity or rate of air emissions.
For this category of actions, “fuel” includes, but is not limited
to, coal, oil, natural gas, hydrogen, syngas, and biomass; but
“fuel” does not include nuclear fuel. Covered actions include, but
are not limited to:
(a) Test treatment of the throughput product (solid, liquid, or
gas) generated at an existing and fully operational fuel combustion
or utilization facility;
(b) Addition or replacement of equipment for reduction or
control of sulfur dioxide, oxides of nitrogen, or other regulated
substances that requires only minor modification to the existing
structures at an existing fuel combustion or utilization facility,
for which the existing use remains essentially unchanged;
(c) Addition or replacement of equipment for reduction or
control of sulfur dioxide, oxides of nitrogen, or other regulated
substances that involves no permanent change in the quantity or
quality of fuel burned or used and involves no permanent change in
the capacity factor of the fuel combustion or utilization facility;
and
(d) Addition or modification of equipment for capture and
control of carbon dioxide or other regulated substances, provided
that adequate infrastructure is in place to manage such
substances.
B3.10 Particle accelerators
Siting, construction, modification, operation, and
decommissioning of particle accelerators, including electron beam
accelerators, with primary beam energy less than approximately 100
million electron volts (MeV) and average beam power less than
approximately 250 kilowatts (kW), and associated beamlines, storage
rings, colliders, and detectors, for research and medical purposes
(such as proton therapy), and isotope production, within or
contiguous to a previously disturbed or developed area (where
active utilities and currently used roads are readily accessible),
or internal modification of any accelerator facility regardless of
energy, that does not increase primary beam energy or current. In
cases where the beam energy exceeds 100 MeV, the average beam power
must be less than 250 kW, so as not to exceed an average current of
2.5 milliamperes (mA).
B3.11 Outdoor tests and experiments on materials and equipment
components
Outdoor tests and experiments for the development, quality
assurance, or reliability of materials and equipment (including,
but not limited to, weapon system components) under controlled
conditions. Covered actions include, but are not limited to, burn
tests (such as tests of electric cable fire resistance or the
combustion characteristics of fuels), impact tests (such as
pneumatic ejector tests using earthen embankments or concrete slabs
designated and routinely used for that purpose), or drop, puncture,
water-immersion, or thermal tests. Covered actions would not
involve source, special nuclear, or byproduct materials, except
encapsulated sources manufactured to applicable standards that
contain source, special nuclear, or byproduct materials may be used
for nondestructive actions such as detector/sensor development and
testing and first responder field training.
B3.12 Microbiological and biomedical facilities
Siting, construction, modification, operation, and
decommissioning of microbiological and biomedical diagnostic,
treatment and research facilities (excluding Biosafety Level-3 and
Biosafety Level-4), in accordance with applicable requirements and
best practices (such as Biosafety in Microbiological and Biomedical
Laboratories, 5th Edition, Dec. 2009, U.S. Department of Health and
Human Services) including, but not limited to, laboratories,
treatment areas, offices, and storage areas, within or contiguous
to a previously disturbed or developed area (where active utilities
and currently used roads are readily accessible). Operation may
include the purchase, installation, and operation of biomedical
equipment (such as commercially available cyclotrons that are used
to generate radioisotopes and radiopharmaceuticals, and
commercially available biomedical imaging and spectroscopy
instrumentation).
B3.13 Magnetic fusion experiments
Performing magnetic fusion experiments that do not use tritium
as fuel, within existing facilities (including, but not limited to,
necessary modifications).
B3.14 Small-scale educational facilities
Siting, construction, modification, operation, and
decommissioning of small-scale educational facilities (including,
but not limited to, conventional teaching laboratories, libraries,
classroom facilities, auditoriums, museums, visitor centers,
exhibits, and associated offices) within or contiguous to a
previously disturbed or developed area (where active utilities and
currently used roads are readily accessible). Operation may
include, but is not limited to, purchase, installation, and
operation of equipment (such as audio/visual and laboratory
equipment) commensurate with the educational purpose of the
facility.
B3.15 Small-scale indoor research and development projects using
nanoscale materials
Siting, construction, modification, operation, and
decommissioning of facilities 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. Construction and modification activities would be within
or contiguous to a previously disturbed or developed area (where
active utilities and currently used roads are readily
accessible).
B3.16 Research activities in aquatic environments
Small-scale, temporary surveying, site characterization, and
research activities in aquatic environments, limited to:
(a) Acquisition of rights-of-way, easements, and temporary use
permits;
(b) Installation, operation, and removal of passive scientific
measurement devices, including, but not limited to, antennae, tide
gauges, flow testing equipment for existing wells, weighted
hydrophones, salinity measurement devices, and water quality
measurement devices;
(c) Natural resource inventories, data and sample collection,
environmental monitoring, and basic and applied research, excluding
(1) large-scale vibratory coring techniques and (2) seismic
activities other than passive techniques; and
(d) Surveying and mapping.
These activities would be conducted in accordance with, where
applicable, an approved spill prevention, control, and response
plan and would incorporate appropriate control technologies and
best management practices. None of the activities listed above
would occur within the boundary of an established marine sanctuary
or wildlife refuge, a governmentally proposed marine sanctuary or
wildlife refuge, or a governmentally recognized area of high
biological sensitivity, unless authorized by the agency responsible
for such refuge, sanctuary, or area (or after consultation with the
responsible agency, if no authorization is required). If the
proposed activities would occur outside such refuge, sanctuary, or
area and if the activities would have the potential to cause
impacts within such refuge, sanctuary, or area, then the
responsible agency shall be consulted in order to determine whether
authorization is required and whether such activities would have
the potential to cause significant impacts on such refuge,
sanctuary, or area. Areas of high biological sensitivity include,
but are not limited to, areas of known ecological importance, whale
and marine mammal mating and calving/pupping areas, and fish and
invertebrate spawning and nursery areas recognized as being limited
or unique and vulnerable to perturbation; these areas can occur in
bays, estuaries, near shore, and far offshore, and may vary
seasonally. No permanent facilities or devices would be constructed
or installed. Covered actions do not include drilling of resource
exploration or extraction wells.
B4. Categorical Exclusions Applicable to Electrical Power and
Transmission B4.1 Contracts, policies, and marketing and allocation
plans for electric power
Establishment and implementation of contracts, policies, and
marketing and allocation plans related to electric power
acquisition that involve only the use of the existing transmission
system and existing generation resources operating within their
normal operating limits.
B4.2 Export of electric energy
Export of electric energy as provided by Section 202(e) of the
Federal Power Act over existing transmission systems or using
transmission system changes that are themselves categorically
excluded.
B4.3 Electric power marketing rate changes
Rate changes for electric power, power transmission, and other
products or services provided by a Power Marketing Administration
that are based on a change in revenue requirements if the
operations of generation projects would remain within normal
operating limits.
B4.4 Power marketing services and activities
Power marketing services and power management activities
(including, but not limited to, storage, load shaping and
balancing, seasonal exchanges, and other similar activities),
provided that the operations of generating projects would remain
within normal operating limits.
B4.5 Temporary adjustments to river operations
Temporary adjustments to river operations to accommodate
day-to-day river fluctuations, power demand changes, fish and
wildlife conservation program requirements, and other external
events, provided that the adjustments would occur within the
existing operating constraints of the particular hydrosystem
operation.
B4.6 Additions and modifications to transmission facilities
Additions or modifications to electric power transmission
facilities within a previously disturbed or developed facility
area. Covered activities include, but are not limited to,
switchyard rock grounding upgrades, secondary containment projects,
paving projects, seismic upgrading, tower modifications, load
shaping projects (such as the installation and use of flywheels and
battery arrays), changing insulators, and replacement of poles,
circuit breakers, conductors, transformers, and crossarms.
B4.7 Fiber optic cable
Adding fiber optic cables to transmission facilities or burying
fiber optic cable in existing powerline or pipeline rights-of-way.
Covered actions may include associated vaults and pulling and
tensioning sites outside of rights-of-way in nearby previously
disturbed or developed areas.
B4.8 Electricity transmission agreements
New electricity transmission agreements, and modifications to
existing transmission arrangements, to use a transmission facility
of one system to transfer power of and for another system, provided
that no new generation projects would be involved and no physical
changes in the transmission system would be made beyond the
previously disturbed or developed facility area.
B4.9 Multiple use of powerline rights-of-way
Granting or denying requests for multiple uses of a transmission
facility's rights-of-way (including, but not limited to, grazing
permits and crossing agreements for electric lines, water lines,
natural gas pipelines, communications cables, roads, and drainage
culverts).
B4.10 Removal of electric transmission facilities
Deactivation, dismantling, and removal of electric transmission
facilities (including, but not limited to, electric powerlines,
substations, and switching stations) and abandonment and
restoration of rights-of-way (including, but not limited to,
associated access roads).
B4.11 Electric power substations and interconnection facilities
Construction or modification of electric power substations or
interconnection facilities (including, but not limited to,
switching stations and support facilities).
B4.12 Construction of powerlines
Construction of electric powerlines approximately 10 miles in
length or less, or approximately 20 miles in length or less within
previously disturbed or developed powerline or pipeline
rights-of-way.
B4.13 Upgrading and rebuilding existing powerlines
Upgrading or rebuilding approximately 20 miles in length or less
of existing electric powerlines, which may involve minor
relocations of small segments of the powerlines.
B5. Categorical Exclusions Applicable to Conservation, Fossil, and
Renewable Energy Activities B5.1 Actions to conserve energy or
water
(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 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. Covered actions do not include rulemakings,
standard-settings, or proposed DOE legislation, except for those
actions listed in B5.1(b) of this appendix.
(b) Covered actions include rulemakings that establish energy
conservation standards for consumer products and industrial
equipment, provided that the actions would not: (1) Have the
potential to cause a significant change in manufacturing
infrastructure (such as construction of new manufacturing plants
with considerable associated ground disturbance); (2) involve
significant unresolved conflicts concerning alternative uses of
available resources (such as rare or limited raw materials); (3)
have the potential to result in a significant increase in the
disposal of materials posing significant risks to human health and
the environment (such as RCRA hazardous wastes); or (4) have the
potential to cause a significant increase in energy consumption in
a state or region.
B5.2 Modifications to pumps and piping
Modifications to existing pump and piping configurations
(including, but not limited to, manifolds, metering systems, and
other instrumentation on such configurations conveying materials
such as air, brine, carbon dioxide, geothermal system fluids,
hydrogen gas, natural gas, nitrogen gas, oil, produced water,
steam, and water). Covered modifications would not have the
potential to cause significant changes to design process flow rates
or permitted air emissions.
B5.3 Modification or abandonment of wells
Modification (but not expansion) or plugging and abandonment of
wells, provided that site characterization has verified a low
potential for seismicity, subsidence, and contamination of
freshwater aquifers, and the actions are otherwise consistent with
best practices and DOE protocols, including those that protect
against uncontrolled releases of harmful materials. Such wells may
include, but are not limited to, storage and injection wells for
brine, carbon dioxide, coalbed methane, gas hydrate, geothermal,
natural gas, and oil. Covered modifications would not be part of
site closure.
B5.4 Repair or replacement of pipelines
Repair, replacement, upgrading, rebuilding, or minor relocation
of pipelines within existing rights-of-way, provided that the
actions are in accordance with applicable requirements (such as
Army Corps of Engineers permits under section 404 of the Clean
Water Act). Pipelines may convey materials including, but not
limited to, air, brine, carbon dioxide, geothermal system fluids,
hydrogen gas, natural gas, nitrogen gas, oil, produced water,
steam, and water.
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.
B5.6 Oil spill cleanup
Removal of oil and contaminated materials recovered in oil spill
cleanup operations and disposal of these materials in accordance
with applicable requirements (such as the National Oil and
Hazardous Substances Pollution Contingency Plan).
B5.7 Export of natural gas and associated transportation by marine
vessel
Approvals or disapprovals of new authorizations or amendments of
existing authorizations to export natural gas under section 3 of
the Natural Gas Act and any associated transportation of natural
gas by marine vessel.
B5.8 [Reserved] B5.9 Temporary exemptions for electric powerplants
Grants or denials of temporary exemptions under the Powerplant
and Industrial Fuel Use Act of 1978, as amended, for electric
powerplants.
B5.10 Certain permanent exemptions for existing electric
powerplants
For existing electric powerplants, grants or denials of
permanent exemptions under the Powerplant and Industrial Fuel Use
Act of 1978, as amended, other than exemptions under section 312(c)
relating to cogeneration and section 312(b) relating to certain
state or local requirements.
B5.11 Permanent exemptions allowing mixed natural gas and petroleum
For new electric powerplants, grants or denials of permanent
exemptions from the prohibitions of Title II of the Powerplant and
Industrial Fuel Use Act of 1978, as amended, to permit the use of
certain fuel mixtures containing natural gas or petroleum.
B5.12 Workover of existing wells
Workover (operations to restore production, such as deepening,
plugging back, pulling and resetting lines, and squeeze cementing)
of existing wells (including, but not limited to, activities
associated with brine, carbon dioxide, coalbed methane, gas
hydrate, geothermal, natural gas, and oil) to restore
functionality, provided that workover operations are restricted to
the existing wellpad and do not involve any new site preparation or
earthwork that would have the potential to cause significant
impacts on nearby habitat; that site characterization has verified
a low potential for seismicity, subsidence, and contamination of
freshwater aquifers; and the actions are otherwise consistent with
best practices and DOE protocols, including those that protect
against uncontrolled releases of harmful materials.
B5.13 Experimental wells for injection of small quantities of
carbon dioxide
Siting, construction, operation, plugging, and abandonment of
experimental wells for the injection of small quantities of carbon
dioxide (and other incidentally co-captured gases) in locally
characterized, geologically secure storage formations at or near
existing carbon dioxide sources to determine the suitability of the
formations for large-scale sequestration, provided that (1) The
characterization has verified a low potential for seismicity,
subsidence, and contamination of freshwater aquifers; (2) the wells
are otherwise in accordance with applicable requirements, best
practices, and DOE protocols, including those that protect against
uncontrolled releases of harmful materials; and (3) the wells and
associated drilling activities are sufficiently remote so that they
would not have the potential to cause significant impacts related
to noise and other vibrations. Wells may be used for enhanced oil
or natural gas recovery or for secure storage of carbon dioxide in
saline formations or other secure formations. Over the duration of
a project, the wells would be used to inject, in aggregate, less
than 500,000 tons of carbon dioxide into the geologic formation.
Covered actions exclude activities in aquatic environments. (See
B3.16 of this appendix for activities in aquatic environments.)
B5.14 Combined heat and power or cogeneration systems
Conversion to, replacement of, or modification of combined heat
and power or cogeneration systems (the sequential or simultaneous
production of multiple forms of energy, such as thermal and
electrical energy, in a single integrated system) at existing
facilities, provided that the conversion, replacement, or
modification would not have the potential to cause a significant
increase in the quantity or rate of air emissions and would not
have the potential to cause significant impacts to water
resources.
B5.15 Small-scale renewable energy research and development and
pilot projects
Small-scale renewable energy research and development projects
and small-scale pilot projects, provided that the projects are
located within a previously disturbed or developed area. Covered
actions would be in accordance with applicable requirements (such
as local land use and zoning requirements) in the proposed project
area and would incorporate appropriate control technologies and
best management practices.
B5.16 Solar photovoltaic systems
The installation, modification, operation, and removal of
commercially available solar photovoltaic systems located on a
building or other structure (such as rooftop, parking lot or
facility, and mounted to signage, lighting, gates, or fences), or
if located on land, generally comprising less than 10 acres within
a previously disturbed or developed area. Covered actions would be
in accordance with applicable requirements (such as local land use
and zoning requirements) in the proposed project area and would
incorporate appropriate control technologies and best management
practices.
B5.17 Solar thermal systems
The installation, modification, operation, and removal of
commercially available small-scale solar thermal systems
(including, but not limited to, solar hot water systems) located on
or contiguous to a building, and if located on land, generally
comprising less than 10 acres within a previously disturbed or
developed area. Covered actions would be in accordance with
applicable requirements (such as local land use and zoning
requirements) in the proposed project area and would incorporate
appropriate control technologies and best management practices.
B5.18 Wind turbines
The installation, modification, operation, and removal of a
small number (generally not more than 2) of commercially available
wind turbines, with a total height generally less than 200 feet
(measured from the ground to the maximum height of blade rotation)
that (1) Are located within a previously disturbed or developed
area; (2) are located more than 10 nautical miles (about 11.5
miles) from an airport or aviation navigation aid; (3) are located
more than 1.5 nautical miles (about 1.7 miles) from National
Weather Service or Federal Aviation Administration Doppler weather
radar; (4) would not have the potential to cause significant
impacts on bird or bat populations; and (5) are sited or designed
such that the project would not have the potential to cause
significant impacts to persons (such as from shadow flicker and
other visual effects, and noise). Covered actions would be in
accordance with applicable requirements (such as local land use and
zoning requirements) in the proposed project area and would
incorporate appropriate control technologies and best management
practices. Covered actions include only those related to wind
turbines to be installed on land.
B5.19 Ground source heat pumps
The installation, modification, operation, and removal of
commercially available small-scale ground source heat pumps to
support operations in single facilities (such as a school or
community center) or contiguous facilities (such as an office
complex) (1) Only where (a) major associated activities (such as
drilling and discharge) are regulated, and (b) appropriate leakage
and contaminant control measures would be in place (including for
cross-contamination between aquifers); (2) that would not have the
potential to cause significant changes in subsurface temperature;
and (3) would be located within a previously disturbed or developed
area. Covered actions would be in accordance with applicable
requirements (such as local land use and zoning requirements) in
the proposed project area and would incorporate appropriate control
technologies and best management practices.
B5.20 Biomass power plants
The installation, modification, operation, and removal of
small-scale biomass power plants (generally less than 10
megawatts), using commercially available technology (1) Intended
primarily to support operations in single facilities (such as a
school and community center) or contiguous facilities (such as an
office complex); (2) that would not affect the air quality
attainment status of the area and would not have the potential to
cause a significant increase in the quantity or rate of air
emissions and would not have the potential to cause significant
impacts to water resources; and (3) would be located within a
previously disturbed or developed area. Covered actions would be in
accordance with applicable requirements (such as local land use and
zoning requirements) in the proposed project area and would
incorporate appropriate control technologies and best management
practices.
B5.21 Methane gas recovery and utilization systems
The installation, modification, operation, and removal of
commercially available methane gas recovery and utilization systems
installed within a previously disturbed or developed area on or
contiguous to an existing landfill or wastewater treatment plant
that would not have the potential to cause a significant increase
in the quantity or rate of air emissions. Covered actions would be
in accordance with applicable requirements (such as local land use
and zoning requirements) in the proposed project area and would
incorporate appropriate control technologies and best management
practices.
B5.22 Alternative fuel vehicle fueling stations
The installation, modification, operation, and removal of
alternative fuel vehicle fueling stations (such as for compressed
natural gas, hydrogen, ethanol and other commercially available
biofuels) on the site of a current or former fueling station, or
within a previously disturbed or developed area within the
boundaries of a facility managed by the owners of a vehicle fleet.
Covered actions would be in accordance with applicable requirements
(such as local land use and zoning requirements) in the proposed
project area and would incorporate appropriate control technologies
and best management practices.
B5.23 Electric vehicle charging stations
The installation, modification, operation, and removal of
electric vehicle charging stations, using commercially available
technology, within a previously disturbed or developed area.
Covered actions are limited to areas where access and parking are
in accordance with applicable requirements (such as local land use
and zoning requirements) in the proposed project area and would
incorporate appropriate control technologies and best management
practices.
B5.24 Drop-in hydroelectric systems
The installation, modification, operation, and removal of
commercially available small-scale, drop-in, run-of-the-river
hydroelectric systems that would (1) Involve no water storage or
water diversion from the stream or river channel where the system
is installed and (2) not have the potential to cause significant
impacts on water quality, temperature, flow, or volume. Covered
systems would be located up-gradient of an existing anadromous fish
barrier that is not planned for removal and where fish passage
retrofit is not planned and where there would not be the potential
for significant impacts to threatened or endangered species or
other species of concern (as identified in B(4)(ii) of this
appendix). Covered actions would involve no major construction or
modification of stream or river channels, and the hydroelectric
systems would be placed and secured in the channel without the use
of heavy equipment. Covered actions would be in accordance with
applicable requirements (such as local land use and zoning
requirements) in the proposed project area and would incorporate
appropriate control technologies and best management practices.
B5.25 Small-scale renewable energy research and development and
pilot projects in aquatic environments
Small-scale renewable energy research and development projects
and small-scale pilot projects located in aquatic environments.
Activities would be in accordance with, where applicable, an
approved spill prevention, control, and response plan, and would
incorporate appropriate control technologies and best management
practices. Covered actions would not occur (1) Within areas of
hazardous natural bottom conditions or (2) within the boundary of
an established marine sanctuary or wildlife refuge, a
governmentally proposed marine sanctuary or wildlife refuge, or a
governmentally recognized area of high biological sensitivity,
unless authorized by the agency responsible for such refuge,
sanctuary, or area (or after consultation with the responsible
agency, if no authorization is required). If the proposed
activities would occur outside such refuge, sanctuary, or area and
if the activities would have the potential to cause impacts within
such refuge, sanctuary, or area, then the responsible agency shall
be consulted in order to determine whether authorization is
required and whether such activities would have the potential to
cause significant impacts on such refuge, sanctuary, or area. Areas
of high biological sensitivity include, but are not limited to,
areas of known ecological importance, whale and marine mammal
mating and calving/pupping areas, and fish and invertebrate
spawning and nursery areas recognized as being limited or unique
and vulnerable to perturbation; these areas can occur in bays,
estuaries, near shore, and far offshore, and may vary seasonally.
No permanent facilities or devices would be constructed or
installed. Covered actions do not include drilling of resource
exploration or extraction wells, use of large-scale vibratory
coring techniques, or seismic activities other than passive
techniques.
B6. Categorical Exclusions Applicable to Environmental Restoration
and Waste Management Activities B6.1 Cleanup actions
Small-scale, short-term cleanup actions, under RCRA, Atomic
Energy Act, or other authorities, less than approximately 10
million dollars in cost (in 2011 dollars), to reduce risk to human
health or the environment from the release or threat of release of
a hazardous substance other than high-level radioactive waste and
spent nuclear fuel, including treatment (such as incineration,
encapsulation, physical or chemical separation, and compaction),
recovery, storage, or disposal of wastes at existing facilities
currently handling the type of waste involved in the action. These
actions include, but are not limited to:
(a) Excavation or consolidation of contaminated soils or
materials from drainage channels, retention basins, ponds, and
spill areas that are not receiving contaminated surface water or
wastewater, if surface water or groundwater would not collect and
if such actions would reduce the spread of, or direct contact with,
the contamination;
(b) Removal of bulk containers (such as drums and barrels) that
contain or may contain hazardous substances, pollutants,
contaminants, CERCLA-excluded petroleum or natural gas products, or
hazardous wastes (designated in 40 CFR part 261 or applicable state
requirements), if such actions would reduce the likelihood of
spillage, leakage, fire, explosion, or exposure to humans, animals,
or the food chain;
(c) Removal of an underground storage tank including its
associated piping and underlying containment systems in accordance
with applicable requirements (such as RCRA, subtitle I; 40 CFR part
265, subpart J; and 40 CFR part 280, subparts F and G) if such
action would reduce the likelihood of spillage, leakage, or the
spread of, or direct contact with, contamination;
(d) Repair or replacement of leaking containers;
(e) Capping or other containment of contaminated soils or
sludges if the capping or containment would not unduly limit future
groundwater remediation and if needed to reduce migration of
hazardous substances, pollutants, contaminants, or CERCLA-excluded
petroleum and natural gas products into soil, groundwater, surface
water, or air;
(f) Drainage or closing of man-made surface impoundments if
needed to maintain the integrity of the structures;
(g) Confinement or perimeter protection using dikes, trenches,
ditches, or diversions, or installing underground barriers, if
needed to reduce the spread of, or direct contact with, the
contamination;
(h) Stabilization, but not expansion, of berms, dikes,
impoundments, or caps if needed to maintain integrity of the
structures;
(i) Drainage controls (such as run-off or run-on diversion) if
needed to reduce offsite migration of hazardous substances,
pollutants, contaminants, or CERCLA-excluded petroleum or natural
gas products or to prevent precipitation or run-off from other
sources from entering the release area from other areas;
(j) Segregation of wastes that may react with one another or
form a mixture that could result in adverse environmental
impacts;
(k) Use of chemicals and other materials to neutralize the pH of
wastes;
(l) Use of chemicals and other materials to retard the spread of
the release or to mitigate its effects if the use of such chemicals
would reduce the spread of, or direct contact with, the
contamination;
(m) Installation and operation of gas ventilation systems in
soil to remove methane or petroleum vapors without any toxic or
radioactive co-contaminants if appropriate filtration or gas
treatment is in place;
(n) Installation of fences, warning signs, or other security or
site control precautions if humans or animals have access to the
release; and
(o) Provision of an alternative water supply that would not
create new water sources if necessary immediately to reduce
exposure to contaminated household or industrial use water and
continuing until such time as local authorities can satisfy the
need for a permanent remedy.
B6.2 Waste collection, treatment, stabilization, and containment
facilities
The siting, construction, and operation of temporary (generally
less than 2 years) pilot-scale waste collection and treatment
facilities, and pilot-scale (generally less than 1 acre) waste
stabilization and containment facilities (including siting,
construction, and operation of a small-scale laboratory building or
renovation of a room in an existing building for sample analysis),
provided that the action (1) Supports remedial
investigations/feasibility studies under CERCLA, or similar studies
under RCRA (such as RCRA facility investigations/corrective measure
studies) or other authorities and (2) would not unduly limit the
choice of reasonable remedial alternatives (such as by permanently
altering substantial site area or by committing large amounts of
funds relative to the scope of the remedial alternatives).
B6.3 Improvements to environmental control systems
Improvements to environmental monitoring and control systems of
an existing building or structure (such as changes to scrubbers in
air quality control systems or ion-exchange devices and other
filtration processes in water treatment systems), provided that
during subsequent operations (1) Any substance collected by the
environmental control systems would be recycled, released, or
disposed of within existing permitted facilities and (2) there are
applicable statutory or regulatory requirements or permit
conditions for disposal, release, or recycling of any hazardous
substance or CERCLA-excluded petroleum or natural gas products that
are collected or released in increased quantity or that were not
previously collected or released.
B6.4 Facilities for storing packaged hazardous waste for 90 days or
less
Siting, construction, modification, expansion, operation, and
decommissioning of an onsite facility for storing packaged
hazardous waste (as designated in 40 CFR part 261) for 90 days or
less or for longer periods as provided in 40 CFR 262.34(d), (e), or
(f) (such as accumulation or satellite areas).
B6.5 Facilities for characterizing and sorting packaged waste and
overpacking waste
Siting, construction, modification, expansion, operation, and
decommissioning of an onsite facility for characterizing and
sorting previously packaged waste or for overpacking waste, other
than high-level radioactive waste, provided that operations do not
involve unpacking waste. These actions do not include waste storage
(covered under B6.4, B6.6, B6.10 of this appendix, and C16 of
appendix C) or the handling of spent nuclear fuel.
B6.6 Modification of facilities for storing, packaging, and
repacking waste
Modification (excluding increases in capacity) of an existing
structure used for storing, packaging, or repacking waste other
than high-level radioactive waste or spent nuclear fuel, to handle
the same class of waste as currently handled at that structure.
B6.7 [Reserved] B6.8 Modifications for waste minimization and reuse
of materials
Minor operational changes at an existing facility to minimize
waste generation and for reuse of materials. These changes include,
but are not limited to, adding filtration and recycle piping to
allow reuse of machining oil, setting up a sorting area to improve
process efficiency, and segregating two waste streams previously
mingled and assigning new identification codes to the two resulting
wastes.
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. 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.
B6.10 Upgraded or replacement waste storage facilities
Siting, construction, modification, expansion, operation, and
decommissioning of a small upgraded or replacement facility (less
than approximately 50,000 square feet in area) within or contiguous
to a previously disturbed or developed area (where active utilities
and currently used roads are readily accessible) for storage of
waste that is already at the site at the time the storage capacity
is to be provided. These actions do not include the storage of
high-level radioactive waste, spent nuclear fuel or any waste that
requires special precautions to prevent nuclear criticality. (See
also B6.4, B6.5, B6.6 of this appendix, and C16 of appendix C.)
B7. Categorical Exclusions Applicable to International Activities
B7.1 Emergency measures under the International Energy Program
Planning and implementation of emergency measures pursuant to
the International Energy Program.
B7.2 Import and export of special nuclear or isotopic materials
Approval of import or export of small quantities of special
nuclear materials or isotopic materials in accordance with
applicable requirements (such as the Nuclear Non-Proliferation Act
of 1978 and the “Procedures Established Pursuant to the Nuclear
Non-Proliferation Act of 1978” (43 FR 25326, June 9, 1978)).
[57 FR 15144, Apr. 24, 1992, as amended at 85 FR 78205, Dec. 4,
2020]