[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Proposed Rules]
[Pages 6414-6426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3631]




[[Page 6413]]

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Part II





Department of Energy





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10 CFR Part 1021



National Environmental Policy Act Implementing Procedures; Proposed 
Rule

  Federal Register / Vol. 61, No. 34 / Tuesday, February 20, 1996 / 
Proposed Rules   

[[Page 6414]]


DEPARTMENT OF ENERGY

10 CFR Part 1021


National Environmental Policy Act Implementing Procedures

AGENCY: Department of Energy.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE or the Department) proposes to 
amend its existing regulations governing compliance with the National 
Environmental Policy Act (NEPA). The proposed amendments are based upon 
three years of experience with the existing regulations and are 
intended to maintain quality while improving DOE's efficiency in 
implementing NEPA requirements by reducing costs and preparation time. 
In addition, because DOE's missions, programs, and policies have 
evolved in response to changing national priorities since the current 
regulations were issued in 1992, corresponding changes in the 
Department's NEPA procedures are needed.
    The Department is proposing changes in subparts A, C and D of the 
existing regulations. Among the proposed changes are various revisions 
to the lists of ``typical classes of actions'' (appendices A, B, C, and 
D to subpart D), including the addition of new categorical exclusions, 
modifications that expand or remove existing categorical exclusions, 
and clarifications. Other proposed changes pertain to the DOE 
requirement for an implementation plan for each environmental impact 
statement and DOE's required content for findings of no significant 
impact. DOE also proposes to clarify its public notification 
requirements for records of decision.

DATES: Comments must be received by April 5, 1996, to ensure 
consideration. Late comments will be considered to the extent 
practicable. DOE is not scheduling any public meetings on the proposed 
amendments, but will arrange a public meeting if the public expresses 
sufficient interest.

ADDRESSES: Comments on the proposed rule should be addressed to Carol 
M. Borgstrom, Director, Office of NEPA Policy and Assistance, EH-42, 
U.S. Department of Energy, 1000 Independence Avenue SW., Washington, 
D.C., 20585-0119. Comments may be hand-delivered to the same address on 
workdays between the hours of 8:00 a.m. and 4:30 p.m. Comments may also 
be sent by electronic mail to the following internet address: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Carol M. Borgstrom, Director, Office 
of NEPA Policy and Assistance, at the above address; telephone (202) 
586-4600 or leave a message at (800) 472-2756.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) requires that Federal agencies prepare environmental impact 
statements for major Federal actions that may ``significantly affect 
the quality of the human environment.'' NEPA also created the 
President's Council on Environmental Quality, which issued regulations 
in 1978 implementing the procedural provisions of NEPA. Among other 
requirements, the Council on Environmental Quality NEPA regulations (40 
CFR Parts 15001508) require Federal agencies to adopt their own 
implementing procedures to supplement the Council's regulations. DOE's 
implementing procedures (regulations) are codified at 10 CFR Part 1021.

II. Purpose of the Proposed Amendments

    The proposed amendments are intended to maintain quality while 
improving the efficiency of DOE's implementation of NEPA by clarifying 
and streamlining certain DOE requirements, thereby reducing 
implementation costs and time. This approach is consistent with the DOE 
Secretarial Policy Statement on NEPA (June 1994), which encourages 
actions to streamline the NEPA process and make the process more useful 
to decision makers and the public without sacrificing quality. Full 
compliance with the letter and spirit of NEPA is an essential priority 
for DOE. In addition, DOE's missions, programs, and policies have 
evolved in response to changing national priorities since the current 
DOE NEPA regulations were issued in 1992, and DOE needs to make 
conforming changes in its NEPA regulations.

III. Description of the Proposed Amendments

    This section describes and explains the proposed amendments to the 
existing DOE NEPA regulations at 10 CFR Part 1021. The proposed changes 
reflect DOE's three years of experience with the existing regulations. 
DOE has consulted with the Council on Environmental Quality regarding 
these proposed amendments to the regulations, in accordance with 40 CFR 
1507.3.

A. Proposed Amendments to Subpart A--General

    Subpart A contains, among other provisions, the definitions of 
terms that are used in the regulations and assigns responsibility for 
overall review of DOE NEPA compliance. DOE proposes to remove the 
definition of ``EIS Implementation Plan'' in section 1021.104, to be 
consistent with a proposed change to subpart C, section 1021.312 that 
is explained below. DOE also proposes to update the name and address of 
its Office of NEPA Policy and Assistance in section 1021.105.

B. Proposed Amendments to Subpart C--Implementing Procedures

    DOE proposes to remove two requirements and clarify a third 
requirement in subpart C. DOE proposes to remove the requirements to 
(1) prepare an implementation plan for an environmental impact 
statement, and (2) summarize an environmental assessment in a finding 
of no significant impact. DOE also proposes to modify its procedures 
regarding public notice of its records of decision. Each of the 
proposed changes is consistent with the Council on Environmental 
Quality NEPA regulations. The reasons for these proposed deletions and 
modifications are presented below.
Environmental Impact Statement Implementation Plan
    The existing DOE NEPA regulations require DOE to prepare an 
implementation plan for each environmental impact statement (section 
1021.312) to guide the preparation of the environmental impact 
statement and to record the results of the scoping process. The plan 
must be completed as soon as possible after the close of the public 
scoping process, but in any event before issuing the draft 
environmental impact statement. A DOE implementation plan must include: 
a statement of the planned scope and content of the environmental 
impact statement; the purpose and need for action; a description of the 
scoping process and the results, including a summary of comments 
received and their disposition; target schedules; anticipated 
consultations with other agencies; and a disclosure statement (as 
required at 40 CFR 1506.5(c)) executed by any contractors assisting in 
the preparation of the environmental impact statement. DOE must make 
implementation plans (and any revisions) available in public reading 
rooms and other appropriate locations for inspection, and provide 
copies upon written request. DOE appears to be the 

[[Page 6415]]
only Federal agency that requires the preparation of an environmental 
impact statement implementation plan.
    To simplify the DOE NEPA process, DOE proposes to eliminate the 
requirement to prepare an implementation plan for an environmental 
impact statement, which would have the effect of making such plans 
optional. DOE believes that eliminating the implementation plan 
requirement would result in cost and time savings, without meaningfully 
reducing public involvement in the DOE environmental impact statement 
process.
    The requirement to prepare an environmental impact statement 
implementation plan has been part of DOE's NEPA procedures since 1979. 
Implementation plans can serve useful functions in DOE's environmental 
impact statement planning and in documenting public concerns before 
issuing the draft environmental impact statement. In practice, however, 
implementation plans often have contained more detail than was 
originally envisioned, and have diverted resources from the more 
important task of preparing the environmental impact statement itself.
    With the Department's emphasis on improving its NEPA process by 
cutting process time (among other measures put forth in the Secretarial 
Policy Statement on NEPA), the formal implementation plan requirements 
have in some cases hindered rather than facilitated progress toward the 
prompt issuance of an environmental impact statement. Under the 
proposed amendment, DOE would continue to encourage its managers to use 
brief implementation plans as internal management tools, particularly 
for complex or broad proposed actions, but would not require that such 
plans be prepared for all environmental impact statements as a matter 
of rule. The proposed amendment would not preclude the Department from 
implementing, as part of its internal procedures, other options for 
environmental impact statement planning.
    Elimination of the requirement for an implementation plan would not 
diminish the requirement to consider public comments received during 
scoping. DOE would continue to conduct public scoping activities before 
preparing draft environmental impact statements, and provide 
transcripts or notes of the public scoping meetings in public reading 
rooms. DOE would fully consider public comments and factor them into 
preparation of the draft environmental impact statement as appropriate, 
and would execute contractor disclosure statements in accordance with 
40 CFR 1506.5(c).
Record of Decision
    DOE proposes to revise section 1021.315(c) in two respects 
concerning public notification procedures for records of decision. 
First, to reduce Federal Register publication costs, DOE proposes to 
amend the current requirement to publish all records of decision in the 
Federal Register in favor of an option to publish only a notice that 
provides a summary of the record of decision and an announcement of the 
availability of the full record of decision. Copies of the full record 
of decision containing all the information required under the Council 
on Environmental Quality's regulations (specifically, 40 CFR 1502.2) 
would remain available upon request. Second, DOE proposes to clarify 
that, if the decision has been publicized by other means (e.g., press 
releases or announcements in local media), DOE need not defer taking 
action until its record of decision or the notice has been published in 
the Federal Register. This clarification as to when DOE may take an 
action does not reflect any change in DOE's current practices, but 
simply reduces the chance that the meaning of the current section 
1021.315(c) could be misinterpreted.
Finding of No Significant Impact
    DOE proposes to remove the current Sec. 1021.322(b)(1) relating to 
the requirement that a DOE finding of no significant impact must 
summarize the supporting environmental assessment, including a brief 
description of the proposed action and alternatives considered, 
environmental factors considered, and projected impacts. Instead, on a 
case-by-case basis and in accordance with 40 CFR 1508.13, DOE would 
either incorporate the environmental assessment by reference into the 
finding of no significant impact and attach the environmental 
assessment to the finding of no significant impact, or summarize the 
environmental assessment in the finding. The elimination of the 
requirement for a summary would give DOE flexibility, with potential 
for time and cost savings, in preparing findings of no significant 
impact.

C. Proposed Amendments to Subpart DTypical Classes of Action

    Four appendices to subpart D set forth the classes of DOE actions 
that normally would be categorically excluded (appendices A and B), 
that normally would require preparation of an environmental assessment 
but not necessarily an environmental impact statement (appendix C), and 
that normally would require preparation of an environmental impact 
statement (appendix D). A categorical exclusion is defined as a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment and for which, therefore, 
neither an environmental assessment nor environmental impact statement 
is required.
    Proposed changes in appendices A through D of subpart D are 
intended to adjust normal levels of DOE's NEPA review and to add, 
modify (expand or remove), and clarify classes of actions based on DOE 
experience under the existing regulations. In considering the proposed 
revisions, reviewers should bear in mind that listing a class of 
actions in these appendices does not constitute a conclusive 
determination regarding the appropriate level of NEPA review for a 
proposed action. Rather, the listing creates a presumption that the 
defined level of review is appropriate for the listed actions. As 
indicated in Sec. 1021.400(c), that presumption does not apply when 
there are extraordinary circumstances related to the proposed action 
that may affect the significance of the environmental effects of the 
action.
    The following conversion table shows the relation of listings in 
the existing Appendices to the proposed revisions. The conversion table 
shows whether listings have been modified, clarified, removed, or 
added. The numbering of some categorical exclusions would change due to 
the deletion or consolidation of existing categorical exclusions and, 
in one case, the division of one current categorical exclusion into two 
separate exclusions. The numbers of deleted categorical exclusions 
would be reused. Any existing categorical exclusions not listed are not 
affected by any proposed changes.

                            Conversion Table                            
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            Existing                   Proposed                         
------------------------------------------------------------------------
A.7.............................  A.7...............  Clarified.        
B1.3............................  B1.3..............  Clarified.        
B1.8............................  B1.8..............  Modified.         
B1.13...........................  B1.13.............  Modified.         
B1.15...........................  B1.15.............  Modified.         
B1.18...........................  B1.18.............  Modified.         
B1.21...........................  B1.21.............  Modified.         
B1.22...........................  B1.22 & B1.23.....  Clarified.        
                                  B1.24-B1.33.......  Added.            
                                  B2.6..............  Added.            
B3.1............................  B3.1..............  Clarified.        
B3.3............................  B3.3..............  Clarified.        
B3.6............................  B3.6..............  Modified.         
B3.10...........................  B3.6..............  Modified.         
                                  B3.10.............  Added.            
                                  B3.12-B3.13.......  Added.            
B4.1............................  B4.1..............  Modified.         

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B4.2............................  B4.2..............  Modified.         
B4.3............................  B4.3..............  Modified.         
B4.6............................  B4.6..............  Clarified.        
B4.10-B4.13.....................  B4.10-B4.13.......  Modified.         
B5.3............................  B5.3..............  Modified.         
B5.5............................  B5.5..............  Modified.         
B5.9-B5.11......................  B5.9-B5.11........  Clarified.        
B5.12-B5.16.....................  ..................  Removed.          
                                  B5.12.............  Added.            
B6.1............................  B6.1..............  Modified.         
B6.4............................  ..................  Removed.          
                                  B6.4..............  Added.            
B6.5............................  B6.5..............  Clarified.        
                                  B6.9..............  Added.            
C1..............................  C1................  Reserved.         
C4..............................  C4................  Modified.         
C7..............................  C7................  Modified.         
C9..............................  C9................  Modified.         
C10.............................  C10...............  Reserved.         
C11.............................  C11...............  Modified.         
C14.............................  C14...............  Modified.         
C16.............................  C16...............  Modified.         
D1..............................  D1................  Modified.         
D7..............................  D7................  Modified.         
D10.............................  D10...............  Modified.         
------------------------------------------------------------------------


    Most of the proposed changes in appendices A through D relate to 
categorical exclusions. Reviewers should evaluate these proposed 
changes in the full context of the DOE regulations for categorical 
exclusions. Under the regulations, before a proposed action may be 
categorically excluded, DOE must determine in accordance with 
Sec. 1021.410(b) that: (1) The proposed action fits within a class of 
actions listed in appendix A or B to subpart D, (2) there are no 
extraordinary circumstances related to the proposal that may affect the 
significance of the environmental effects of the action, and (3) there 
are no connected or related actions with cumulatively significant 
impacts and, as appropriate, the proposed action is a permissible 
interim action. In addition, to fit within a class of actions that is 
normally categorically excluded, a proposed action must include certain 
conditions as integral elements (appendix B, paragraphs B(1) through 
(4)). Briefly, these conditions ensure that an excluded action will 
not: Threaten violation of applicable requirements, require siting and 
construction of waste management facilities, disturb hazardous 
substances such that there would be uncontrolled or unpermitted 
releases, or adversely affect environmentally sensitive resources.
    DOE believes that the proposed amendments to appendices A and B 
constitute classes of action that do not individually or cumulatively 
have a significant effect on the human environment. After DOE considers 
public comments on the proposals, any such final categorical exclusions 
that are codified in the NEPA regulations would be covered by a finding 
to that effect in section 1021.410(a).

Classes of Actions Listed in Appendix A

    The only proposed amendment to appendix A is a clarification of 
paragraph A7.
     Proposed Clarification A7--Transfer of property, use 
unchanged.
    DOE is proposing to clarify the meaning of ``property'' in 
paragraph A7 by explicitly including both personal property (e.g., 
equipment and materials) and real property (e.g., permanent structures 
and land), and to clarify that the intent has always been that the 
impacts would remain essentially the same after the transfer.

Classes of Actions Listed in Appendix B

    The proposed amendments to appendix B are of three types: (1) New 
categorical exclusions, (2) modifications (expansion or removal) of 
categorical exclusions, and (3) clarifications of categorical 
exclusions.

(1) New Categorical Exclusions

    Seventeen new categorical exclusions are proposed for sections B1, 
B2, B3, B5, and B6, as described below. In three cases, the number 
designating a current categorical exclusion (B3.10, B5.12, and B6.4) is 
used for a proposed categorical exclusion. The current B3.10 would be 
incorporated into proposed B3.6. The current B5.12 and B6.4 would be 
replaced with new categorical exclusions.
     Proposed B1.24--Transfer of property/residential, 
commercial, industrial use.
    This proposed categorical exclusion applies to the transfer, lease, 
disposition, or acquisition of interests in uncontaminated facilities 
(and accompanying land); that is, the facilities and accompanying land 
do not contain contaminants at a level or in a form that would pose a 
threat to public health or the environment. Unlike under categorical 
exclusion A7, the use of the facilities may change, but the new use 
must result in generally similar environmental impacts and must not 
result in greater environmental discharges. That is, there may not be 
decreases in quality, or increases in the volumes, concentrations, or 
discharge rates of wastes, air emissions, or water effluents compared 
to those before the transfer, lease, disposition, or acquisition of 
interests. Based on DOE's experience, these types of actions normally 
would not have the potential for significant impact.
     Proposed B1.25--Transfer of property/habitat preservation, 
wildlife management.
    This proposed categorical exclusion applies to the transfer, lease, 
disposition, or acquisition of interests in uncontaminated land for 
habitat preservation or wildlife management. DOE has engaged in many 
habitat preservation and wildlife management actions. In DOE's 
judgment, these types of actions normally would not have the potential 
for significant impact. Any action that would change the habitat would 
be subject to NEPA analysis.
     Proposed B1.26--Siting/construction/operation/
decommissioning of small water treatment facilities, generally less 
than 250,000 gallons per day capacity.
    This proposed categorical exclusion applies to small wastewater, 
potable water, surface water, and sewage treatment facilities that 
generally do not exceed 250,000 gallons per day capacity. DOE's 
experience with siting and construction (including expansion, 
modification and replacement) of small-scale water treatment projects 
shows that they are often associated with environmental improvements at 
DOE sites and that they normally have no potential for significant 
impacts. The Department is also proposing to categorically exclude 
temporary groundwater contaminant containment measures that could 
include the small-scale construction of water treatment facilities 
(proposed paragraph B6.9).
     Proposed B1.27--Facility deactivation.
    This proposed categorical exclusion applies to facility 
deactivation, specifically the disconnection of utilities such as 
water, steam, telecommunications, and electrical power. DOE has 
extensive experience in facility deactivation and believes that such 
activities normally do not have the potential for significant impact.
     Proposed B1.28--Minor activities to place a facility in an 
environmentally safe condition, no proposed uses.
    This proposed categorical exclusion applies to 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 treatment, storage, or disposal of the materials. These activities 
would not include conditioning, treatment or processing of spent 
nuclear fuel, high-level waste, or special nuclear materials. 

[[Page 6417]]
DOE's experience with such environmentally beneficial activities 
indicates that the activities normally do not pose a potential for 
significant environmental impact.
     Proposed B1.29--Siting/construction/operation/
decommissioning of onsite disposal facility for construction and 
demolition waste.
    This proposed categorical exclusion applies to establishing and 
operating a small (generally less than 10-acre) disposal site for 
uncontaminated construction and demolition waste as defined in the 
Environmental Protection Agency's regulations under the Resource 
Conservation and Recovery Act at 40 CFR 243.101. In DOE's experience 
and judgment, small-scale disposal of such materials normally would 
pose no potential for significant impacts.
     Proposed B1.30--Transfer actions.
    This proposed categorical exclusion applies to transfer actions, in 
which materials, equipment, or wastes are moved to a new location. The 
categorical exclusion would apply to actions in which transportation is 
the predominant proposed activity and the amount and type of relocated 
materials, equipment, or waste is incidental to the amount of that 
material, equipment, or waste that is already a part of operations at 
the receiving site. The transfers that would be categorically excluded 
are not regularly scheduled as part of routine operations, and could 
include, for example, moving a few drums of waste to an authorized 
disposal facility, or moving replacement equipment or supplies. DOE's 
experience indicates that transportation activities under DOE's 
standard practices pose no potential for significant impacts.
     Proposed B1.31--Relocation/operation of machinery and 
equipment.
    The proposed categorical exclusion applies to the relocation and 
subsequent operation of machinery and equipment including, but not 
limited to, analytical laboratory apparatus, electronic hardware, 
maintenance equipment, and health and safety equipment, where use of 
the relocated items is similar to their former use, and consistent with 
the missions of the receiving facility. In DOE's experience, there is 
no material change in the environmental status quo and no potential for 
significant impact from use of relocated machinery and equipment.
     Proposed B1.32--Restoration, creation, or enhancement of 
small wetlands.
    The proposed categorical exclusion applies to the restoration, 
creation, or enhancement of small wetlands, but only when the action 
does not adversely affect any other environmental resources. In 
addition, the Department would coordinate the action with cognizant 
Federal and State regulators to assure compliance with other land use 
plans and to benefit from their advice. In DOE's judgment, the 
restoration, creation, or enhancement of a small wetland as described, 
which is normally considered to be an environmentally beneficial 
measure, is inherently unlikely to pose the potential for significant 
environmental impact. (Also see the proposed modification to C9 below.)
     Proposed B1.33--Traffic flow adjustments, existing roads.
    This proposed categorical exclusion applies to traffic flow 
adjustments on existing roads at DOE sites, such as installation of 
stop signs or traffic lights and changes in traffic direction (e.g., 
changing a two-way street to a one-way street.) Such an action normally 
would not pose the potential for significant environmental impacts.
     Proposed B2.6--Packaging/transportation/storage of 
radioactive sources upon request by the Nuclear Regulatory Commission 
or other cognizant agency.
    This proposed categorical exclusion applies to the exercise of 
DOE's responsibilities under the Atomic Energy Act relating to certain 
requests by the Nuclear Regulatory Commission or other cognizant 
agencies in the interest of protecting the public from exposure to 
radiation. For example, on occasion, the Nuclear Regulatory Commission 
has requested that DOE retrieve discrete radioactive sources from a 
Commission-licensed private person or company that would not or could 
not safely manage the material. The categorical exclusion applies to 
all types of radioactive materials that the Nuclear Regulatory 
Commission categorically excludes for possession and use by its 
licensees. DOE believes that for radioactive materials that the Nuclear 
Regulatory Commission has determined not to require an environmental 
assessment or environmental impact statement for its licensees' 
possession and use, DOE's packaging, transportation, and storage of 
such materials also may normally be categorically excluded. DOE's 
experience with discrete radioactive sources in responding to Nuclear 
Regulatory Commission requests clearly supports this conclusion.
     Proposed B3.10--Siting/construction/operation/
decommissioning of particle accelerators, including electron beam 
accelerators, primary beam energy generally less than 100 MeV.
    The proposed categorical exclusion applies to siting, construction, 
operation, and decommissioning of particle accelerators with primary 
beam energy generally less than 100 MeV that would be used for research 
and medical purposes. DOE's experience indicates that construction and 
operation (or modification) and subsequent decommissioning of such 
devices normally pose no potential for significant environmental 
impacts. The categorical exclusion also applies to internal 
modifications of any accelerators regardless of energy that do not 
increase primary beam energy or current. Experience has shown that 
internal modifications to accelerators of any size that do not increase 
primary beam energy or current pose no potential for significant 
impacts.
     Proposed B3.12--Siting/construction/operation/
decommissioning of microbiological and biomedical facilities.
    DOE has performed numerous analyses of the environmental impacts of 
the siting, construction, operation, and any necessary decommissioning 
of microbiological and biomedical diagnostic, treatment and research 
facilities within or contiguous to an already developed area and has 
found that such activities normally pose no potential for significant 
environmental impacts. These laboratories generally do not handle 
extremely dangerous materials. More generally, laboratories that are 
rated Biosafety Level-1 or Biosafety Level-2 (reference: Biosafety in 
Microbiological and Biomedical Laboratories, 3rd Edition, May 1993, 
U.S. Department of Health and Human Services Public Health Service, 
Centers of Disease Control and Prevention, and the National Institutes 
of Health; (HHS Publication No. (CDC) 93-8395)) would similarly not 
pose potential for significant environmental impacts.
     Proposed B3.13--Magnetic fusion experiments, no tritium 
fuel use.
    The proposed categorical exclusion applies to magnetic fusion 
experiments performed at existing facilities that do not use tritium as 
fuel, including necessary modifications to the facilities. Analysis of 
environmental impacts of several such experimental regimens indicates 
that they normally pose no potential for significant environmental 
impacts.
     Proposed B5.12--Workover of existing oil/gas/geothermal 
well.
    The proposed categorical exclusion applies to workover (operations 
to restore production, such as deepening, plugging back, pulling and 
resetting 

[[Page 6418]]
lines, and squeeze cementing) of all types of oil, gas, and geothermal 
wells where the work would be conducted on the existing wellpad and 
would not disturb adjacent habitat. DOE's experience is that such 
actions do not pose the potential for significant environmental 
impacts.
     Proposed B6.4--Siting/construction/operation/
decommissioning of small waste storage facilities (not high-level 
radioactive waste, spent nuclear fuel).
    This proposed categorical exclusion applies to siting, construction 
(or modification), operation and decommissioning of small onsite 
storage facilities for waste, other than high-level radioactive waste, 
that is generated onsite or results from activities connected to site 
operation. The categorical exclusion would not apply to storage of 
spent nuclear fuel. This categorical exclusion would apply to small 
facilities, generally up to 50,000 square feet in area, within or 
contiguous to an already developed area. DOE's evaluations of many such 
facilities show that they normally pose no potential for significant 
environmental impacts.
     Proposed B6.9--Small-scale temporary measures to reduce 
migration of contaminated groundwater.
    This proposed categorical exclusion reflects DOE's experience with 
many small-scale temporary construction actions to reduce the migration 
of contaminated groundwater, by such means as pumping, treating, 
storing, and reinjecting water and installing underground barriers. DOE 
has found that these actions normally have very local and 
environmentally beneficial effects and pose no potential for 
significant environmental impacts. The Department is also proposing to 
categorically exclude the siting, construction, and operation of small 
water treatment facilities (proposed B1.26).

(2) Modification (Expansion or Removal) of Categorical Exclusions

    Proposed modifications to integral elements B(1), B(2) and 
B(4)(iii) and sections B1, B3, B4, B5, and B6 include 2 modifications 
to integral elements, expansion of 16 categorical exclusions, and 
removal of 6 categorical exclusions.
     Proposed Modification B(1).
    DOE proposes to add Executive Orders to integral element B(1) for 
completeness.
     Proposed Modification B(2).
    The integral element B(2), which sets the condition that a 
categorically excluded action may not require siting, construction, or 
major expansion of waste storage, disposal, recovery, or treatment 
facilities, would be modified to provide an exception for such actions 
that are themselves categorically excluded. Such actions proposed in 
this rulemaking include certain water treatment and waste storage 
facilities. (See discussions above for proposed B1.26, B1.29, B6.4, and 
B6.9).
     Proposed Modification B(4)(iii).
    Floodplains and wetlands are listed as an example of 
environmentally sensitive resources in integral element B(4)(iii). DOE 
proposes to revise this example to apply to wetlands determined by 
using the methodology that the U.S. Army Corps of Engineers applies in 
implementing section 404 of the Clean Water Act, except that it will 
not apply to wetlands affected by proposed actions covered by a general 
permit under 33 CFR Part 330. However, one such general permit, #23, 
covers ``Approved Categorical Exclusions''. It is not appropriate to 
use general permit #23 to avoid applying the integral element for DOE 
categorical exclusions.
     Proposed Modification B1.8--Modifications to screened 
water intake/outflow structures.
    The proposed modification would expand the original categorical 
exclusion to include outflow structures. In DOE's experience, modifying 
outflow structures, such that water effluent quality and volumes are 
consistent with existing permit limits, normally has no potential for 
significant impact.
     Proposed Modification B1.13--Construction/acquisition/
relocation of onsite pathways, spur or access roads/ railroads.
    The proposed modification would expand the original categorical 
exclusion that applies to acquisition or minor relocation of access 
roads to include construction of onsite pathways and onsite spur or 
access roads and railroads. Such an action would not affect general 
traffic or rail patterns and, in view of the conditions that are 
integral elements of the categorical exclusion, such an action normally 
would not pose the potential for significant environmental impacts.
     Proposed Modification B1.15--Siting/construction/operation 
of support buildings/support structures.
    The proposed modification would no longer restrict this categorical 
exclusion to ``small-scale'' support structures. DOE has found that 
significant environmental impacts would not normally occur when DOE 
support structures of any size are constructed ``within or contiguous 
to an already developed area.''
     Proposed Modification B1.18--Siting/construction/operation 
of additional/replacement water supply wells.
    The proposed modification would expand the original categorical 
exclusion to include modifications of an existing water supply well to 
restore production. The impact of modifying an existing water supply 
well to restore production is equivalent to or less than that of 
developing additional or replacement water supply wells. DOE's 
experience is that such actions, meeting the conditions set forth in 
the categorical exclusion, normally have no potential for significant 
impact.
     Proposed Modification B1.21--Noise abatement.
    The proposed modification would remove the restriction that the 
existing categorical exclusion applies to only ``minor'' noise 
abatement measures. Based on DOE's experience, noise abatement measures 
normally would not have a significant environmental impact.
     Proposed Modification B3.6--Siting/construction/operation/ 
decommissioning of facilities for bench-scale research, conventional 
laboratory operations, small-scale research and development and pilot 
projects.
    The proposed modification would combine the current paragraphs B3.6 
(Indoor bench-scale research projects/conventional laboratory 
operation) and B3.10 (Small-scale research and development/small-scale 
pilot projects, at existing facility, preceding demonstration) and 
expand the scope to include siting, construction, operation, and 
decommissioning of the facilities in which the research activities 
would occur. The construction of facilities for the types of research 
activities addressed normally would not cause any significant 
environmental effects as long as the integral elements were met and 
construction occurred within or contiguous to an already developed 
area.
     Proposed Modification B4.1--Contracts/marketing plans/
policies for excess electric power.
    The proposed modification, which applies to power marketing 
administrations, would emphasize limits based on the characteristics of 
a project rather than the duration of a contract or other agreement. 
The existing categorical exclusion indirectly limits the potential 
impacts in part by restricting its application to contracts and other 
agreements that do not exceed 5 years duration. DOE's project 
evaluation experience has shown that the potential for environmental 
impacts is more directly related to market responses, such as changes 
in generation resources, transmission 

[[Page 6419]]
systems, and operating limits than to the duration of contracts, 
policies, marketing plans, or allocations of power. This proposed 
modification is related to proposed modifications for C7 and D7, 
discussed below.
     Proposed Modification B4.2--Export of electric energy.
    The proposed expansion would allow DOE to issue permits for the 
export of electric energy over existing transmission systems or by 
changing a system in ways that are themselves categorically excluded. 
Such changes may typically be needed to connect two systems and would 
involve constructing short segments (generally less than a mile long) 
of powerline and a substation.
     Proposed Modification B4.3--Electric power marketing rate 
changes.
    The proposed modification would change the method for determining 
categorically excluded rate changes. The limits in the modified 
categorical exclusion focus directly on the power system activities, 
rather than indirectly on economics. The existing categorical exclusion 
applies to rate changes that do not exceed inflation. The proposed 
modification would instead categorically exclude rate changes in which 
the operations of generation projects would remain within normal 
operating limits.
     Proposed Modification B4.10--Deactivation, dismantling and 
removal of electric powerlines and substations.
    The proposed modification would categorically exclude dismantling 
of substations, switching stations, and other transmission facilities, 
the construction of which is already categorically excluded. The 
modification also would categorically exclude the dismantling of all 
electric powerlines (i.e., both tap lines and transmission lines), 
because the impacts of removing various types of powerlines are 
essentially the same. The proposed modification would clarify 
categorically excludable actions by including deactivation (i.e., 
shutting off power flowing through existing electric powerlines).
     Proposed Modification B4.11--Construction or modification 
of electric power substations.
    The proposed changes would expand categorically excluded 
modification activities to substations of any voltage, provided that 
the modification does not increase the existing voltage. DOE has found 
that such modifications normally do not have potential for significant 
environmental impacts. The proposed changes also would categorically 
exclude new electric powerline construction of generally less than 10 
miles or relocation of generally less than 20 miles of existing 
electric powerlines to conform with the proposed modification to B4.12 
and B4.13, as discussed below.
     Proposed Modification B4.12--Construction of electric 
powerlines (generally less than 10 miles in length), not integrating 
major new sources.
    The existing categorical exclusion applies to construction and 
operation only of tap lines. DOE has found that the physical impacts of 
constructing and operating short segments (generally less than 10 miles 
in length) of all powerlines are similar and normally are 
environmentally insignificant when the integral elements are met.
     Proposed Modification B4.13--Reconstruction and minor 
relocation of existing electric powerlines (generally less than 20 
miles in length).
    The proposed modification would increase the length of powerlines 
that can be categorically excluded from 10 miles, as indicated in the 
existing categorical exclusion, to 20 miles. The categorical exclusion 
would also include reconstruction within existing corridors. Based on 
DOE's experience, there is no potential for significant impact when the 
integral elements are met. Most relocations are proposed to mitigate 
existing impacts and improve existing environmental conditions. This 
amendment would require a conforming revision of C4 (discussed below).
     Proposed Modification B5.3--Modification (not expansion)/ 
abandonment of oil storage access/brine injection/gas/geothermal wells, 
not part of site closure.
    The proposed modification would add gas wells to those wells for 
which modifications may be categorically excluded. Gas resources 
normally occur in conjunction with oil resources, and the existing 
categorical exclusion effectively already applies to gas wells. In 
general, the environmental impacts of modifying gas wells should be no 
more than the impacts of modifying other types of wells.
     Proposed Modification B5.5--Construction/operation of 
short crude oil/gas/steam/geothermal pipeline segments.
    The proposed modification adds natural gas and steam pipelines to 
those pipelines that may be constructed and operated between facilities 
within a single industrial complex within existing rights of way. These 
kinds of actions are minor when they are consistent with the conditions 
(integral elements) of the categorical exclusion. The proposed 
modification also removes the characterization of the connected 
facilities as ``crude oil'' facilities or ``geothermal'' facilities 
because potential impacts of constructing and operating connecting 
pipeline segments are independent of the end point facilities. In 
addition, the term ``offsite'' would be deleted to clarify that the 
action includes construction and operation of onsite pipelines as 
connectors to the offsite segments, as DOE originally intended.
     Proposed Modifications (Removals).
      B5.12--Permanent exemption for new peakload powerplant.
      B5.13--Permanent exemption for emergency operations.
      B5.14--Permanent exemption for meeting scheduled equipment 
outages.
      B5.15--Permanent exemption due to lack of alternative fuel 
supply.
      B5.16--Permanent exemption for new cogeneration powerplant.
    The Powerplant and Industrial Fuel Use Act of 1978 was enacted to 
preserve oil and gas for certain uses for which alternative fuels could 
not easily be substituted, to increase use of domestic oil reserves, 
and to reduce the nation's dependence on imported oil. In order to 
achieve these goals, the act prohibited the use of oil and gas as 
primary fuels in new electric power plants and major fuel burning 
installations, required that new powerplants be constructed so as to be 
capable of burning coal, and required the conversion of existing 
powerplants to coal or another alternative to oil and gas fuel by 1990. 
The statute was amended in 1987 because its impact on fuel choices by 
both existing and new facilities was less significant than originally 
expected and because significant reductions in utility and industrial 
consumption of oil and gas had been achieved. The purpose of the 1987 
amendments was, among other things, to repeal the prohibition on the 
use of oil and natural gas as primary fuels for electric powerplants 
and major fuel burning installations.
    Categorical exclusions B5.12, B5.13, and B5.16 are proposed for 
removal because the Powerplant and Industrial Fuel Use Act of 1978 now 
only applies to base load power plants. Therefore, the Act is not 
applicable to powerplants for peak-load and emergency purposes, or to 
cogeneration powerplants.
    Categorical exclusions B5.14 and B5.15 are proposed for removal 
because they relate only to major fuel-burning facilities, which are no 
longer covered by the Powerplant and Industrial Fuel Use Act of 1978.
     Proposed Modification B6.1--Small-scale, short-term 
cleanup actions under RCRA, Atomic Energy Act, or other authorities.
    The proposed revision to B6.1 would delete the current reference to 
``removal 

[[Page 6420]]
actions under CERCLA'' and would no longer define the scope of 
excludable actions in terms of the regulatory cost and time limits for 
CERCLA removal actions (currently $2 million and 12 months from the 
time action begins onsite, unless regulatory exemptions are satisfied). 
Under the Secretarial Policy Statement on NEPA, DOE is generally 
relying on the CERCLA process (rather than the NEPA process) for review 
of actions to be taken under CERCLA. The focus of the current paragraph 
B6.1 on CERCLA removal activities is somewhat confusing in the context 
of the Secretarial Policy Statement.
    Notwithstanding the general approach of relying generally on the 
CERCLA process for environmental review of CERCLA actions, there may be 
specific instances in which DOE will choose, after consultation with 
stakeholders and as a matter of policy, to integrate the NEPA and 
CERCLA processes. The proposed revised paragraph B6.1 is broad enough 
to categorically exclude small-scale CERCLA actions as well as similar 
actions performed under RCRA, the Atomic Energy Act, or other 
authorities.
    Although the regulatory cost and time limits for CERCLA removal 
actions apply only to fund-financed removals and therefore do not apply 
to DOE and other Federal agencies that undertake a removal action using 
the authority delegated to Heads of Federal Agencies by Executive Order 
12580, DOE has used the limits as a benchmark for the time and cost of 
the cleanup actions it normally may categorically exclude. DOE has 
found, however, that cleanup actions that pose no potential for 
significant environmental impact often cost more and take more time to 
complete. Thus, DOE proposes to expand the limits of the categorical 
exclusion to actions generally costing up to $5 million over as many as 
5 years.
    The proposed revision to example B6.1(b) would clarify that the 
designation of hazardous waste may be based on Environmental Protection 
Agency regulations (as already indicated in the example) or applicable 
state requirements. The proposed revision to example B6.1(j) would 
clarify that segregation of wastes may be categorically excluded when 
DOE believes, but may not be certain, that the wastes, if not 
segregated, might react or form a mixture that could result in adverse 
environmental impacts.
     Proposed Modification (Removal) B6.4--Siting/construction/
operation/decommissioning of facility for storing packaged hazardous 
waste for 90 days or less.
    The current categorical exclusion B6.4 is proposed for removal 
because a more general categorical exclusion for waste storage is 
proposed (discussed above) that would encompass the activities to which 
the current B6.4 now applies. DOE believes the scope of the proposed 
more general categorical exclusion is too broad to be considered a 
modification of the current B6.4. The proposed waste storage 
categorical exclusion, however, would also be designated B6.4.

(3) Clarifications of Existing Categorical Exclusions

    DOE is proposing certain clarifications to 9 categorical exclusions 
in sections B1, B3, B4, B5 and B6. To clarify the scope of one 
categorical exclusion (i.e., B1.22), DOE proposes to divide it into two 
separate categorical exclusions.
     Proposed Clarification B1.3--Routine maintenance/custodial 
services for buildings, structures, infrastructures, equipment.
    The proposed revisions would clarify the existing B1.3 by providing 
additional description of the types of areas and improvements (e.g., 
rights-of-way, pathways, and railroads) and activities (e.g., localized 
vegetation and pest control) to which the categorical exclusion 
applies. A sentence would be added to clarify ``in-kind replacement,'' 
acknowledging that some equipment in older facilities cannot literally 
be replaced in kind because the equipment is no longer made. A revision 
to the example B1.3(n) would clarify that this categorical exclusion 
applies to certain other facility components, such as monitoring wells, 
lysimeters, weather stations, and flumes. A revision to the example 
B1.3(o) would clarify that DOE considers all routine surface 
decontamination, not just ``spot'' decontamination, as routine 
maintenance.
     Proposed Clarification
      B1.22--Relocation of buildings.
      B1.23--Demolition/disposal of buildings.
    DOE proposes to divide the existing B1.22 (Relocation/demolition/
disposal of buildings) into two categorical exclusions to clarify that 
the two actions included in the existing class of action (building 
relocations and building demolition and subsequent disposal) are not 
connected actions.
     Proposed Clarification B3.1--Site characterization/
environmental monitoring.
    The proposed revision would clarify that this categorical exclusion 
applies to site characterization and monitoring activities that occur 
both onsite and off-site, and includes associated small-scale 
laboratory buildings and modification of characterization and 
monitoring devices.
     Proposed Clarification B3.3--Research related to 
conservation of fish and wildlife.
    The proposed revision would clarify that this categorical exclusion 
includes both field and laboratory research.
     Proposed Clarification B4.6--Additions/modifications to 
electric power transmission facilities within previously developed 
area.
    The proposed revision would clarify the existing B4.6 by providing 
additional examples of transmission facility projects (e.g., switchyard 
grounding upgrades, secondary containment projects, paving projects, 
and seismic upgrades) to which this categorical exclusion applies.
     Proposed Clarifications
      B5.9--Temporary exemption for any electric powerplant.
      B5.10--Certain permanent exemptions for any existing electric 
powerplant.
      B5.11--Permanent exemption for mixed natural gas and petroleum.
    The proposed clarifications of B5.9, B5.10, and B5.11 would remove 
references to ``major fuel-burning installation'' in order to make 
these categorical exclusions consistent with the Powerplant and 
Industrial Fuel Act of 1978, which no longer applies to ``major fuel-
burning installations.'' (See discussion above under Proposed 
Modifications, B5.12 through B5.16.)
     Proposed Clarification B6.5--Siting/construction/
operation/decommissioning of facility for characterizing/sorting 
packaged waste, overpacking waste (not high-level radioactive waste, 
spent nuclear fuel).
    For internal consistency, a reference to B6.4 and B6.6 would be 
added to this categorical exclusion.
Appendix C
    The Department is proposing to amend eight classes of action in 
appendix C, classes of actions that normally require environmental 
assessments but not necessarily environmental impact statements, 
primarily to ensure consistency with changes made to appendix B.
     Proposed Modification (Removal) C1--Major projects.
    This class of actions is proposed for removal because DOE no longer 
uses the designation of ``Major Project'' in its project management 
system and has not replaced that designation with a comparable term.
     Proposed Modification C4--Upgrading and constructing 
electric powerlines.

[[Page 6421]]

    This revision would be a conforming change necessitated by the 
proposed change to B4.13, discussed above.
     Proposed Modification C7--Allocation of electric power, no 
major new generation resource/major changes in operation of generation 
resources/major new loads.
    The proposed modification reflects DOE's project evaluation 
experience, which has shown that the potential for environmental 
impacts is more directly related to market responses, such as changes 
in generation resources, transmission systems, and operating limits, 
than to the duration of contracts, policies, marketing plans, or 
allocations of power. This revision also would clarify that this class 
of action applies not only to DOE power marketing operations but also 
to other DOE activities as well, and that the impacts of taking the 
action are independent of the administrative method by which the 
arrangements are made (e.g., contract, policy, plan, or funding) and of 
site ownership (e.g., DOE or other). This class of action is related to 
proposed modification of B4.1 (discussed above) and D7 (discussed 
below).
     Proposed Modification C9--Restoration, creation, or 
enhancement of large wetlands.
    This proposed revision would conform to proposed B1.32 as discussed 
above, under which small-scale wetlands projects that do not affect 
other environmental resources would be categorically excluded.
     Proposed Modification (Removal) C10--Siting/construction/
operation/decommissioning of synchrotron radiation accelerator 
facility.
     Proposed Modification C11--Siting/construction/operation/
decommissioning of low- or medium-energy particle acceleration facility 
with primary beam energy generally greater than 100 MeV.
    This revision would be a conforming change to make C11 consistent 
with the proposed categorical exclusion B3.10, as discussed above, and 
would consolidate C10 and C11 for clarity.
     Proposed Modification C14--Siting/construction/operation 
of water treatment facilities generally greater than 250,000 gallons 
per day capacity.
    This proposed revision would be a conforming change to make C14 
consistent with the proposed categorical exclusion B1.26. Construction 
and operation of small facilities, those with capacity generally less 
than 250,000 gallons per day, normally would be categorically excluded; 
larger facilities normally would need at least an environmental 
assessment level of review.
     Proposed Modification C16--Siting/construction/operation/
decommissioning of large waste storage facilities (not high-level 
radioactive waste, spent nuclear fuel).
    This proposed revision would be a conforming change to make C16 
consistent with the proposed categorical exclusion B6.4 and to clarify 
the meaning of the term onsite.
Appendix D
    The Department is proposing to amend three classes of action in 
appendix D, classes of actions that normally require an environmental 
impact statement, as described below.
     Proposed Modification D1--Strategic systems.
    This class of actions is revised to reflect changes in DOE's 
project management system. DOE has replaced the designation ``Major 
Systems Acquisition'' with ``Strategic System'' to describe a project 
that is a single, stand-alone effort within a program mission area and 
is regarded by the Department as a primary means to advance the 
Department's strategic goals. Strategic Systems are designated by the 
Secretary based on cost, risk factors, international implications, 
stakeholder interest, or national security.
     Proposed Modification D7--Allocation of electric power, 
major new generation resources/major changes in operation of power 
generation resources/major loads.
    The proposed modification reflects DOE's project evaluation 
experience, which has shown that the potential for environmental 
impacts is more directly related to market responses, such as changes 
in generation resources, transmission systems, and operating limits 
than to the duration of contracts, policies, marketing plans, or 
allocations of power. The proposed revision also would clarify that 
this class of action applies not only to DOE power marketing operations 
but to other DOE activities as well, and that the impacts of taking 
that action are independent of the administrative method by which the 
arrangements are made (e.g., contract, policy, plan, or funding) and of 
site ownership (e.g., DOE or other). This class of action is related to 
proposed modifications of B4.1 and C7, discussed above.
     Proposed Modification D10--Siting/construction/operation/
decommissioning of major treatment, storage, and disposal facilities 
for high-level waste and spent nuclear fuel.
    The current paragraph D10 includes certain activities regarding 
spent nuclear fuel storage facilities within the scope of actions that 
normally require an environmental impact statement. Under the proposed 
modification, DOE would not presume that an EIS is the appropriate 
level of NEPA review for siting, constructing, operating and 
decommissioning replacement storage facilities or upgrading storage 
facilities for spent nuclear fuel. DOE proposals for siting, 
constructing, operating and decommissioning (or upgrading) spent 
nuclear fuel storage facilities have varied too widely to support a 
general conclusion that such proposals normally require an 
environmental impact statement or normally require an environmental 
assessment. For example, DOE proposals may range from major new 
facilities that would store most of the nation's commercial spent 
nuclear fuel (for which an environmental impact statement clearly would 
be appropriate), to minor new facilities or upgrades for storing very 
much smaller quantities of spent fuel that are already in storage at 
several DOE sites. In addition, this modification is appropriate in 
light of substantial DOE analyses and experience that show that, even 
when considered in conjunction with other nuclear-related activities at 
DOE sites, the environmental impacts of siting, constructing, operating 
and decommissioning spent nuclear fuel storage facilities at DOE sites 
generally would be small. The U.S. Nuclear Regulatory Commission and 
cognizant foreign authorities have reached similar conclusions with 
respect to spent nuclear fuel storage within their respective 
jurisdictions. Therefore, DOE believes it may often be appropriate to 
prepare an environmental assessment rather than an environmental impact 
statement for replacement spent nuclear fuel storage facilities.

IV. Procedural Review Requirements

A. Environmental Review Under the National Environmental Policy Act

    These proposed amendments establish, modify, and clarify procedures 
for considering the environmental effects of DOE actions within the 
Department's decision making process, thereby enhancing compliance with 
the letter and spirit of NEPA. Subpart D, Appendix A6, of the DOE NEPA 
regulations categorically excludes ``rulemakings that are strictly 
procedural,'' and applies to these proposed amendments. Therefore, DOE 
has determined that promulgation of these amendments is not a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of NEPA, and does not require an 
environmental impact statement or an environmental 

[[Page 6422]]
assessment. DOE will continue to examine individual proposed actions to 
determine the appropriate level of review.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act, Public Law 96-345 (5 U.S.C. 601-
612), requires that an agency prepare an initial regulatory flexibility 
analysis to be published at the time the proposed rule is published. 
The requirement (which appears in section 603 of the Act) does not 
apply if the agency ``certifies that the rule will not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities.'' This proposed rule would modify existing policies and 
procedural requirements for DOE compliance with NEPA. It makes no 
substantive changes to requirements imposed on applicants for DOE 
licenses, permits, financial assistance, and similar actions as related 
to NEPA compliance. Therefore, DOE certifies that this rule, if 
promulgated, would not have a ``significant economic impact on a 
substantial number of small entities.''

C. Review Under the Paperwork Reduction Act

    No new information collection or recordkeeping requirements are 
imposed by these amendments. Accordingly, no Office of Management and 
Budget clearance is required under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.).

D. Review Under Executive Order 12612

    Executive Order 12612, ``Federalism,'' requires that regulations be 
reviewed for Federalism effects on the institutional interest of states 
and local governments, and, if the effects are sufficiently 
substantial, preparation of a Federalism assessment is required to 
assist senior policymakers. The final amendments will affect Federal 
NEPA compliance procedures, which are not subject to state regulation. 
The proposed amendments to DOE's NEPA regulations will not have any 
substantial direct effects on states and local governments within the 
meaning of the Executive Order.

E. Review Under Executive Order 12778

    Section 2 of Executive Order 12778, ``Civil Justice Reform'' 
(October 23, 1991), instructs Federal agencies to adhere to certain 
requirements when promulgating new regulations and reviewing existing 
regulations. These requirements, set forth in sections 2(a) and 
2(b)(2), include eliminating drafting errors and needless ambiguity, 
drafting the regulations to minimize litigation, providing clear and 
certain legal standards for affected conduct, and promoting 
simplification and burden reduction. Agencies are also instructed to 
make every reasonable effort to ensure that the regulations specify 
clearly any preemptive effect, effect on existing Federal law or 
regulation, and retroactive effect; describe any administrative 
proceedings to be available before judicial review and any revisions 
for the exhaustion of such administrative proceedings; and define key 
terms. DOE certifies that these proposed amendments to DOE's NEPA 
regulations meet the requirements of sections 2(a) and 2(b)(2) of 
Executive Order 12778.

F. Review Under Executive Order 12866

    The proposed amendments were reviewed in accordance with Executive 
Order 12866, ``Regulatory Planning and Review,'' which requires a 
Federal agency to prepare a regulatory assessment, including the 
potential costs and benefits, of any ``significant regulatory action.'' 
The order defines ``significant regulatory action'' as any regulatory 
action that may have an annual effect on the economy of $100 million or 
more and may adversely affect the economy, productivity, competition, 
jobs, the environment, public health or safety, or state, local, or 
tribal governments in a material way, create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency, 
materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs, or raise novel legal or policy issues arising 
out of legal mandates (section 3(f)).
    This proposal would amend already existing policies and procedures 
for compliance with NEPA. The amendments contain no substantive changes 
in the requirements imposed on applicants for a DOE license, financial 
assistance, permit, or similar actions, which are the areas in which 
one might anticipate an economic effect. Therefore, DOE has determined 
that the incremental effect of these amendments to the DOE NEPA 
regulations will not have the magnitude of effects on the economy, or 
any other adverse effects, to bring this proposal within the definition 
of a ``significant regulatory action.'' Pursuant to the Executive 
Order, the proposed amendments were submitted to the Office of 
Management and Budget for regulatory review.

G. Review under the Unfunded Mandates Reform Act

    Under section 205 of the Unfunded Mandates Reform Act of 1995, 
Federal agencies are required to prepare a budgetary impact statement 
to accompany any proposed or final rule that includes a Federal mandate 
that may result in the expenditure by state, local and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year. Because the DOE NEPA regulations 
affect only DOE and do not create obligations on the part of any other 
person or government agency, neither state, local or tribal governments 
nor the private sector will be affected by amendments to these 
regulations. Thus, further review by DOE under the Unfunded Mandates 
Reform Act is not required.

V. Public Comment Procedures

    Interested persons are invited to participate in this rulemaking by 
submitting information, views, suggestions, or arguments with respect 
to the proposed regulatory amendments set forth in this Notice. 
Comments should be submitted to the address indicated in the ADDRESSES 
section of this Notice and identified (on the outside of the envelope 
and on the comment documents) with the designation ``NEPA Rulemaking.'' 
DOE will consider all comments received by the date indicated in the 
DATES section before taking final action on the proposed amendments. 
Late comments will be considered to the extent practicable.

List of Subjects in 10 CFR Part 1021

    Environmental impact statement.

    Issued in Washington, D.C., February 9, 1996.
Peter Brush,
Acting Assistant Secretary, Environment, Safety and Health.

    For reasons set out in the preamble, 10 CFR Part 1021 is proposed 
to be amended as follows:

PART 1021--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING 
PROCEDURES

    1. The authority citation for Part 1021 continues to read as 
follows:

    Authority: 42 U.S.C. 7254; 42 U.S.C. 4321 et seq.


Sec. 1021.104  [Amended]

    2. In section 1021.104(b), the definition for EIS Implementation 
Plan is removed.
    3. Section 1021.105 is revised to read as follows:
    
[[Page 6423]]



Sec. 1021.105  Oversight of Agency NEPA Activities.

    The Assistant Secretary for Environment, Safety and Health, or his/
her designee, is responsible for overall review of DOE NEPA compliance. 
Further information on DOE's NEPA process and the status of individual 
NEPA reviews may be obtained upon request from the Office of NEPA 
Policy and Assistance, US. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585-0119.


Sec. 1021.312  [Removed and reserved]

    4. Section 1021.312 is removed and reserved.
    5. Section 1021.315(c) is revised to read as follows:


Sec. 1021.315  Records of Decision.

* * * * *
    (c) In addition to any other public announcements, DOE RODs, or 
notices of their availability that provide a brief summary of the RODs, 
shall be published in the Federal Register and the RODs shall be made 
available to the public as specified in 40 CFR 1506.6, except as 
provided in 40 CFR 1507.3(c) and section 1021.340 of this part. DOE may 
implement the decision before the ROD, or notice of its availability, 
is published in the Federal Register if the decision has been made 
public by other means (e.g., press releases, announcements in local 
media).
* * * * *


Sec. 1021.322  [Amended]

    6. Section 1021.322 is amended to remove (b)(1), and (b)(2) through 
(b)(5) are redesignated (b)(1) through (b)(4), respectively.
    7. Appendix A, paragraph A7, is revised to read as follows:

Appendix A to Subpart D--Categorical Exclusions Applicable to General 
Agency Actions

* * * * *
    A7  Transfer, lease, disposition, or acquisition of interests in 
personal property (e.g., equipment and materials) or real property 
(e.g., permanent structures and land), if property use is to remain 
unchanged; i.e., the type and magnitude of impacts would remain 
essentially the same.
* * * * *
    8. Appendix B, is amended to revise the Table of Contents entries 
for B1.8, B1.13, B1.22, B3.6, B3.10, B4.1, B4.2, B4.3, B4.6, B4.10, 
B4.11, B4.12, B4.13, B5.3, B5.5, B5.9, B5.10, B5.12, B6.1, B6.4, and 
B6.5; add B1.23 through B1.33, B2.6, B3.12, B3.13, and B6.9; and remove 
B5.13 through B5.16, to read as follows:

Appendix B to Subpart D--Categorical Exclusions Applicable to Specific 
Agency Actions

* * * * *
    B1.8  Modifications to screened water intake/outflow structures.
* * * * *
    B1.13  Construction/acquisition/relocation of onsite pathways, 
spur or access roads/railroads.
* * * * *
    B1.22  Relocation of buildings.
    B1.23  Demolition/disposal of buildings.
    B1.24  Transfer of property/residential, commercial, industrial 
use.
    B1.25  Transfer of property/habitat preservation, wildlife 
management.
    B1.26  Siting/construction/operation/decommissioning of small 
water treatment facilities, generally less than 250,000 gallons per 
day capacity.
    B1.27  Facility deactivation
    B1.28  Minor activities to place a facility in an 
environmentally safe condition, no proposed uses.
    B1.29  Siting/construction/operation/decommissioning of onsite 
disposal facility for construction and demolition waste.
    B1.30  Transfer actions
    B1.31  Relocation/operation of machinery and equipment.
    B1.32  Restoration, creation, or enhancement of small wetlands.
    B1.33  Traffic flow adjustments, existing roads.
* * * * *
    B2.6  Packaging/transportation/storage of radioactive sources 
upon request by the Nuclear Regulatory Commission or other cognizant 
agency.
* * * * *
    B3.6  Siting/construction/operation/decommissioning of 
facilities for bench-scale research, conventional laboratory 
operations, small-scale research and development and pilot projects.
* * * * *
    B3.10  Siting/construction/operation/decommissioning of particle 
accelerators, including electron beam accelerators, primary beam 
energy generally less than 100 MeV.
* * * * *
    B3.12  Siting/construction/operation/decommissioning of 
microbiological and biomedical facilities.
    B3.13  Magnetic fusion experiments, no tritium fuel use.
* * * * *
    B4.1  Contracts/marketing plans/policies for excess electric 
power.
    B4.2  Export of electric energy.
    B4.3  Electric power marketing rate changes.
* * * * *
    B4.6  Additions/modifications to electric power transmission 
facilities within previously developed area.
* * * * *
    B4.10  Deactivation, dismantling and removal of electric 
powerlines and substations.
    B4.11  Construction or modification of electric power 
substations.
    B4.12  Construction of electric powerlines (generally less than 
10 miles in length), not integrating major new sources.
    B4.13  Reconstruction and minor relocation of existing electric 
powerlines (generally less than 20 miles in length).
* * * * *
    B5.3  Modification (not expansion)/abandonment of oil storage 
access/brine injection/gas/geothermal wells, not part of site 
closure.
* * * * *
    B5.5  Construction/operation of short crude oil/gas/steam/
geothermal pipeline segments.
* * * * *
    B5.9  Temporary exemption for any electric powerplant.
    B5.10  Certain permanent exemptions for any existing electric 
powerplant.
* * * * *
    B5.12  Workover of existing oil/gas/geothermal well.
* * * * *
    B6.1  Small-scale, short-term cleanup actions under RCRA, Atomic 
Energy Act, or other authorities.
* * * * *
    B6.4  Siting/construction/operation/decommissioning of small 
waste storage facilities (not high-level radioactive waste, spent 
nuclear fuel).
    B6.5  Siting/construction/operation/decommissioning of facility 
for characterizing/sorting packaged waste, overpacking waste (not 
high-level radioactive waste, spent nuclear fuel).
* * * * *
    B6.9  Small-scale temporary measures to reduce migration of 
contaminated groundwater.
* * * * *
    9. Appendix B, section B is amended by revising paragraphs B(1), 
B(2), B(4)(iii) to read as follows:

    B. Conditions that are Integral Elements of the Classes of 
Actions in Appendix B
* * * * *
    (1) Threaten a violation of applicable statutory, regulatory, or 
permit requirements for environment, safety, and health, including 
requirements of DOE and/or Executive Orders.
    (2) Require siting and construction or major expansion of waste 
storage, disposal, recovery, or treatment facilities (including 
incinerators) unless these actions are themselves categorically 
excluded.
* * * * *
    (4) * * *
    (iii) Wetlands, as determined by using the methodology that the 
U.S. Army Corps of Engineers applies in implementing section 404 of 
the Clean Water Act, except for wetlands affected by proposed 
actions covered by a general permit under 33 CFR Part 330 (other 
than Permit #23, ``Approved Categorical Exclusions''), and 
floodplains;
* * * * * 

[[Page 6424]]

    10. Appendix B, section B1, is amended by revising the introductory 
text to paragraph B1.3, paragraphs B1.3(n) & (o), B1.8, B1.13, B1.15, 
B1.18, B1.21, and B1.22, and adding paragraphs B1.23 through B1.33, to 
read as follows:

    B1. Categorical Exclusions Applicable to Facility Operation.
* * * * *
    B1.3  Routine maintenance activities and custodial services for 
buildings, structures, rights-of-way, infrastructures (e.g., 
pathways, roads, and railroads), vehicles and equipment, and 
localized vegetation and pest control, during which operations may 
be suspended and resumed. 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. 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 if 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:
* * * * *
    (n) Routine testing and calibration of facility components, 
subsystems, or portable equipment (including but not limited to, 
control valves, in-core monitoring devices, transformers, 
capacitors, monitoring wells, lysimeters, weather stations, and 
flumes); and
    (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), including removal of contaminated intact equipment and 
other materials (other than spent nuclear fuel or special nuclear 
material in nuclear reactors).
* * * * *
    B1.8  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
* * * * *
    B1.13  Construction, acquisition, and relocation of onsite 
pathways and onsite spur or access roads and railways.
* * * * *
    B1.15  Siting, construction (or modification), and operation of 
support buildings and support structures (including prefabricated 
buildings and trailers) within or contiguous to an already developed 
area (where site utilities and roads are available). Covered support 
buildings and structures include those for office purposes; parking; 
cafeteria services; education and training; visitor reception; 
computer and data processing services; employee health services or 
recreation activities; routine maintenance activities; storage of 
supplies and equipment for administrative services and routine 
maintenance activities; security (including security posts); fire 
protection; and similar support purposes, but excluding facilities 
for waste storage activities, except as provided in other parts of 
this appendix.
* * * * *
    B1.18  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, if there would be no drawdown other than in the 
immediate vicinity of the pumping well, no resulting long-term 
decline of the water table, and no degradation of the aquifer from 
the new or replacement well.
* * * * *
    B1.21  Noise abatement measures, such as construction of noise 
barriers and installation of noise control materials.
    B1.22  Relocation of buildings (including, but not limited to, 
trailers and prefabricated buildings) to an already developed area 
where site utilities and roads are available.
    B1.23  Demolition and subsequent disposal of buildings, 
equipment, and support structures (including, but not limited to, 
smoke stacks and parking lot surfaces).
    B1.24  Transfer, lease, disposition or acquisition of interests 
in uncontaminated real property (e.g., facilities, support 
structures and accompanying land) for residential, commercial, or 
industrial uses (including, but not limited to, office space, 
warehouses, equipment storage facilities) that do not involve any 
lessening in quality, or increases in volumes, concentrations, or 
discharge rates, of wastes, air emissions, or water effluents and 
that, under reasonably foreseeable uses, would have generally 
similar environmental impacts compared to those before the transfer, 
lease, disposition, or acquisition of interests.
    B1.25  Transfer, lease, disposition or acquisition of interests 
in uncontaminated real property (e.g., land and associated 
buildings) for habitat preservation or wildlife management, but not 
including any habitat alteration.
    B1.26  Siting, construction (including expansion, modification, 
and replacement), operation, and decommissioning of small water 
treatment facilities, including facilities for wastewater, potable 
water, surface water, and sewage, with a total capacity that 
generally does not exceed 250,000 gallons per day. (Also see B6.9).
    B1.27  Activities that are required to deactivate a facility; 
i.e., disconnect utilities such as water, steam, telecommunications, 
and electrical power.
    B1.28  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  Siting, construction, operation, and decommissioning of a 
small (generally less than 10 acres in area) onsite disposal 
facility for uncontaminated construction and demolition waste. These 
wastes, as defined in the Environmental Protection Agency's 
regulations under the Resource Conservation and Recovery Act, 
specifically 40 CFR 243.101, include building materials, packaging, 
and rubble.
    B1.30  Transfer actions, in which the predominant activity is 
transportation, and in which the amount and type of materials, 
equipment or waste to be moved is incidental to the amount of such 
materials, equipment, or waste that is already a part of ongoing 
operations at the receiving site. Such transfers are not regularly 
scheduled as part of ongoing routine operations.
    B1.31  Relocation of machinery and equipment, such as analytical 
laboratory apparatus, electronic hardware, maintenance equipment, 
and health and safety equipment, including minor construction 
necessary for removal and installation, where uses of the relocated 
items will be similar to their former uses and consistent with the 
general missions of the receiving structure.
    B1.32 Restoration, creation, or enhancement of small wetlands in 
coordination with the cognizant Federal or State regulators, and 
where other environmental resources are not adversely affected.
    B1.33 Traffic flow adjustments to existing roads at DOE sites 
(including, but not limited to, stop sign or traffic light 
installation, and adjusting direction of traffic flow).

    11. Appendix B, section B2, is amended by adding B2.6, to read as 
follows:

    B2. Categorical Exclusions Applicable to Safety and Health.
* * * * *
    B2.6 Packaging, transportation, and storage of radioactive 
materials from the public domain, in accordance with the Atomic 
Energy Act upon a request by the Nuclear Regulatory Commission or 
other cognizant agency. Covered materials are those for which 
possession and use by Nuclear Regulatory Commission licensees has 
been categorically excluded under 10 CFR 51.22(14) or its 
successors. Examples of these radioactive materials (which may 
contain source, byproduct or special nuclear materials) are density 
gauges, therapeutic medical devices, generators, reagent kits, 
irradiators, analytical instruments, well monitoring equipment, 
uranium shielding material, depleted uranium military munitions, and 
packaged radioactive waste not exceeding 50 curies.


[[Page 6425]]

    12. Appendix B, section B3, is amended to revise the introductory 
text to paragraph B3.1, B3.3, B3.6, and B3.10, and add new paragraphs 
B3.12 and B3.13, to read as follows:

    B3. Categorical Exclusions Applicable to Site Characterization, 
Monitoring, and General Research.
    B3.1 Onsite and offsite site characterization and environmental 
monitoring, including siting, construction (or modification), 
operation, and dismantlement or closing (abandonment) 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. 
Activities covered include, but are not limited to, site 
characterization and environmental monitoring under CERCLA and RCRA. 
Specific activities include, but are not limited to:
* * * * *
    B3.3 Field and laboratory research, inventory, and information 
collection activities that are directly related to the conservation 
of fish or wildlife resources and that involve only negligible 
habitat destruction or population reduction.
* * * * *
    B3.6 Siting, construction (or modification), operation, and 
decommissioning of facilities for indoor bench-scale research 
projects, conventional laboratory operations (for example, 
preparation of chemical standards and sample analysis); small-scale 
research and development projects; and small-scale pilot projects to 
verify a concept before demonstration actions. Construction (or 
modification) will be within or contiguous to an already developed 
area (where site utilities and roads are available).
* * * * *
    B3.10 Siting, construction, operation, and decommissioning of a 
particle accelerator, including electron beam accelerator with 
primary beam energy generally less than 100 MeV, and associated 
beamlines, storage rings, colliders, and detectors for research and 
medical purposes, within or contiguous to an already developed area 
(where site utilities and roads are available), or internal 
modification of any accelerator facility regardless of energy that 
does not increase primary beam energy or current.
* * * * *
    B3.12 Siting, construction (including modification), operation, 
and decommissioning of microbiological and biomedical diagnostic, 
treatment and research facilities (excluding Biosafety Level-3 and 
Biosafety Level-4; reference: Biosafety in Microbiological and 
Biomedical Laboratories, 3rd Edition, May 1993, U.S. Department of 
Health and Human Services Public Health Service, Centers of Disease 
Control and Prevention, and the National Institutes of Health (HHS 
Publication No. (CDC) 93-8395)) including, but not limited to, 
laboratories, treatment areas, offices, and storage areas, within or 
contiguous to an already developed area (where utilities and roads 
are available). 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 Performing magnetic fusion experiments that do not use 
tritium as fuel, with existing facilities (including necessary 
modifications).

    13. Appendix B, section B4, is amended to revise paragraphs B4.1, 
B4.2, B4.3, B4.6, B4.10, B4.11, B4.12 and B4.13, to read as follows:

    B4. Categorical Exclusions Applicable to Power Marketing 
Administrations and to all of DOE with Regard to Power Resources.
    B4.1  Establishment and implementation of contracts, marketing 
plans, policies, allocation plans, or acquisition of excess electric 
power that does not involve: (1) the integration of a new generation 
resource, (2) physical changes in the transmission system beyond the 
previously developed facility area, unless the changes are 
themselves categorically excluded, or (3) changes in the normal 
operating limits of generation resources.
    B4.2  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  Changes in rates 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.
* * * * *
    B4.6  Additions or modifications to electric power transmission 
facilities that would not affect the environment beyond the 
previously developed facility area including, but not limited to, 
switchyard rock grounding upgrades, secondary containment projects, 
paving projects, seismic upgrading, tower modifications, changing 
insulators, and replacement of poles, circuit breakers, conductors, 
transformers, and crossarms.
* * * * *
    B4.10  Deactivation, dismantling, and removal of electric 
powerlines, substations, switching stations, and other transmission 
facilities, and right-of-way abandonment.
    B4.11  Construction of electric power substations (including 
switching stations and support facilities) with power delivery at 
230 kV or below, or modification (other than voltage increases) of 
existing substations and support facilities, that generally would 
not involve the construction of more than 10 miles of new or 
relocation of more than 20 miles of existing electric powerlines or 
the integration of a major new resource.
    B4.12  Construction of electric powerlines (less than 10 miles 
in length) that are not for the integration of major new sources of 
generation into a main transmission system.
    B4.13  Reconstruction (upgrading or rebuilding) and/or minor 
relocation of existing electric powerlines less than 20 miles in 
length to enhance environmental and land use values. Such actions 
include relocations to avoid right-of-way encroachments, resolve 
conflict with property development, accommodate road/highway 
construction, allow for the construction of facilities such as 
canals and pipelines, or reduce existing impacts to environmentally 
sensitive areas.

    14. Appendix B, section B5, is amended to revise paragraphs B5.3, 
B5.5, and B5.9 through B5.12 and remove B5.13 through B5.16, to read as 
follows:

    B5. Categorical Exclusions Applicable to Conservation, Fossil, 
and Renewable Energy Activities
* * * * *
    B5.3  Modification (but not expansion) or abandonment (including 
plugging), which is not part of site closure, of crude oil storage 
access wells, brine injection wells, geothermal wells, and gas 
wells.
* * * * *
    B5.5  Construction and subsequent operation of short crude oil, 
steam, geothermal, or natural gas pipeline segments between DOE 
facilities and existing transportation, storage, or refining 
facilities within a single industrial complex, if the pipeline 
segments are within existing rights-of-way.
* * * * *
    B5.9  The grant or denial of any temporary exemption under the 
Powerplant and Industrial Fuel Use Act of 1978 for any electric 
powerplant.
    B5.10  The grant or denial of any permanent exemption under the 
Powerplant and Industrial Fuel Use Act of 1978 of any existing 
electric powerplant other than an exemption under (1) section 312(c) 
relating to cogeneration, (2) section 312(l) relating to scheduled 
equipment outages, (3) section 312(b) relating to certain state or 
local requirements, and (4) section 312(g) relating to certain 
intermediate load powerplants.
    B5.11  The grant or denial of a permanent exemption from the 
prohibitions of Title II of the Powerplant and Industrial Fuel Use 
Act of 1978 for any new electric powerplant to permit the use of 
certain fuel mixtures containing natural gas or petroleum.
    B5.12  Workover (operations to restore production, such as 
deepening, plugging back, pulling and resetting lines, and squeeze 
cementing) of an existing oil, gas, or geothermal well to restore 
production when workover operations will be restricted to the 
existing wellpad and not involve any new site preparation or earth 
work that would disturb adjacent habitat.

    15. Appendix B, section B6, is amended to revise the introductory 
text to paragraph B6.1, paragraph B6.1(b) & (j), B6.4, and B6.5 and add 
paragraph B6.9, to read as follows:

    B6. Categorical Exclusions Applicable to Environmental 
Restoration and Waste Management Activities
    B6.1  Small-scale, short-term cleanup actions, under RCRA, 
Atomic Energy Act, or other authorities, generally less than 5 
million dollars in cost and 5 years duration, 

[[Page 6426]]
to reduce risk to human health or the environment from the release or 
threat of release of a hazardous substance, including treatment 
(e.g., incineration), 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:
* * * * *
    (b) Removal of bulk containers (for example, drums, 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;
* * * * *
    (j) Segregation of wastes that may react with one another or 
form a mixture that could result in adverse environmental impacts;
* * * * *
    B6.4  Siting, construction (including modification), operation, 
and decommissioning of a small facility (generally not to exceed an 
area of 50,000 square feet) within or contiguous to an already 
developed area (where site utilities and roads are developed) for 
storage of waste, other than high-level radioactive waste, generated 
onsite or resulting from activities connected to site operations. 
These actions do not include the storage of spent nuclear fuel.
    B6.5  Siting, construction (or modification or 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, if 
operations do not involve unpacking waste. These actions do not 
include waste storage (covered under B6.4, B6.6 and C16) or the 
handling of spent nuclear fuel.
* * * * *
    B6.9  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 and installing underground barriers. 
(Also see B1.26.)

    16. Appendix C is amended by revising the Table of Contents entries 
C1, C4, C7, C9, C10, C11, C14 and C16 to read as follows:

Appendix C to Subpart D of Part 1021-Classes of Actions That Normally 
Require EAs But Not Necessarily EISs

    C1  [Reserved]
* * * * *
    C4  Upgrading and constructing electric powerlines
* * * * *
    C7  Allocation of electric power, no major new generation 
resource/major changes in operation of generation resources/major 
new loads
* * * * *
    C9  Restoration, creation, or enhancement of large wetlands.
    C10  [Reserved]
    C11  Siting/construction/operation/decommissioning of low- or 
medium-energy particle acceleration facility with primary beam 
energy generally greater than 100 MeV.
* * * * *
    C14  Siting/construction/operation of water treatment facilities 
generally greater than 250,000 gallons per day capacity
* * * * *
    C16  Siting/construction/operation/decommissioning of large 
waste storage facilities (not high-level radioactive waste, spent 
nuclear fuel)

    17. Appendix C to Subpart D of Part 1021 is amended by removing and 
reserving paragraphs C1 & C10 and by revising C4, C7, C9, C11, C14 and 
C16, to read as follows:

    C1  [Removed and Reserved]
* * * * *
    C4  Upgrading (reconstructing) an existing electric powerline 
generally more than 20 miles in length or constructing a new 
electric powerline generally more than 10 miles in length.
* * * * *
    C7  Establishment and implementation of contracts, policies, 
marketing plans, or allocation plans for the allocation of electric 
power that do not involve (1) the addition of new generation 
resources greater than 50 average megawatts, (2) major changes in 
the operating limits of generation resources greater than 50 average 
megawatts, or (3) service to discrete new loads of 10 average 
megawatts or more over a 12 month period. This applies to power 
marketing operations and to siting, construction, and operation of 
power generating facilities at DOE sites.
* * * * *
    C9  Restoration, creation, or enhancement of large wetlands, or 
small wetlands where these actions may adversely affect other 
environmental resources.
    C10  [Removed and Reserved]
    C11  Siting, construction (or major modification), operation, 
and decommissioning of a low- or medium-energy (but greater than 100 
MeV primary beam energy) particle acceleration facility, including 
electron beam acceleration facilities, and associated beamlines, 
storage rings, colliders, and detectors for research and medical 
purposes, within or contiguous to an already developed area (where 
site utilities and roads are available).
* * * * *
    C14  Siting, construction (or expansion), and operation of water 
treatment facilities generally exceeding 250,000 gallons per day, 
including facilities for wastewater, potable water, and sewage.
* * * * *
    C16  Siting, construction (including modification to increase 
capacity), operation, and decommissioning of packaging and unpacking 
facilities (that may include characterization operations) and large 
storage facilities (generally greater than 50,000 square feet in 
area) for waste, except high-level radioactive waste, generated 
onsite or resulting from activities connected to site operations. 
These actions do not include storage, packaging, or unpacking of 
spent nuclear fuel. [Also see B6.4, B6.5, and B6.6.]

    18. Appendix D is amended to revise the Table of Contents entries 
for D1, D7, and D10 to read as follows:

Appendix D to Subpart D of Part 1021-Classes of Actions That Normally 
Require EISs

    D1  Strategic Systems
* * * * *
    D7  Allocation of electric power, major new generation 
resources/major changes in operation of generation resources/major 
loads
* * * * *
    D10  Siting/construction/operation/decommissioning of major 
treatment, storage, and disposal facilities for high-level waste and 
spent nuclear fuel
* * * * *
    19. Appendix D to Subpart D of Part 1021 is amended by revising 
paragraphs D1, D7 and D10, to read as follows:

    D1  Strategic Systems, as defined in DOE Order 430.1, ``Life-
Cycle Asset Management,'' and designated by the Secretary.
* * * * *
    D7  Establishment and implementation of contracts, policies, 
marketing plans or allocation plans for the allocation of electric 
power that involve (1) the addition of new generation resources 
greater than 50 average megawatts, (2) major changes in the 
operating limits of generation resources greater than 50 average 
megawatts, or (3) service to discrete new loads of 10 average 
megawatts or more over a 12 month period. This applies to power 
marketing operations and to siting construction, and operation of 
power generating facilities at DOE sites.
* * * * *
    D10  Siting, construction, operation, and decommissioning of 
major treatment, storage, and disposal facilities for high-level 
waste and spent nuclear fuel, including geologic repositories, but 
not including onsite replacement or upgrades of storage facilities 
for spent nuclear fuel at DOE sites.
* * * * *
[FR Doc. 96-3631 Filed 2-16-96; 8:45 am]
BILLING CODE 6560-01-P