[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49834-49844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19891]


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DEPARTMENT OF THE TREASURY


Treasury Directive 75-02 and Directive Publication 75-02, 
Department of the Treasury National Environmental Policy Act (NEPA) 
Program

AGENCY: Office of Environment, Health, and Safety, Departmental 
Offices, Department of the Treasury.

ACTION: Notice.

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SUMMARY: The Department of the Treasury (Treasury) is publishing this 
notice to provide an opportunity for public comment on its draft 
directive and accompanying guidelines containing policy and procedures 
for implementing the National Environmental Policy Act of 1969 (NEPA), 
as amended, Executive Order 11514, as amended, Executive Order 12114, 
and Council on Environmental Quality (CEQ) regulations for implementing 
the procedural provisions of NEPA (40 CFR parts 1500-1508). Pursuant to 
CEQ regulations, Treasury is soliciting comments from members of the 
interested public.

DATES: Comments must be received by October 21, 2014.

ADDRESSES: Send submissions relating to this Notice to: Department of 
the Treasury, Office of Environment, Health, and Safety, Treasury 
Department Annex, Room 6400K, 1500 Pennsylvania Avenue NW., Washington, 
DC, 20220. Alternatively, comments relating to this Notice may be 
submitted electronically via the Federal e-Rulemaking Portal at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Clayt Lauter, Director, Office of 
Environment, Health & Safety, at 202-622-1712 (not a toll-free number) 
or [email protected].

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Department of the Treasury encourages interested persons to 
submit written data, views, or comments. Persons submitting comments 
should please include their name, address, and other appropriate 
contact information. You may submit your comments and material by one 
of the means listed under ADDRESSES. If you submit them by mail, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. Treasury will consider all comments 
received during the comment period.

Background

    This directive and accompanying guidelines establish policy and 
procedures to ensure the integration of environmental considerations 
into the mission of the Department of the Treasury. They outline roles 
and responsibilities for compliance with NEPA, and establish a 
framework for the balanced and proactive consideration of NEPA in the 
planning and execution of Treasury activities.
    Treasury is composed of nine bureaus and three Inspectors General 
Offices: Bureau of Engraving and Printing (BEP), Bureau of the Fiscal 
Service (BFS), Departmental Offices (DO), Financial Crimes Enforcement 
Network (FinCEN), Internal Revenue Service (IRS), United States Mint 
(Mint), Office of the Comptroller of the Currency (OCC), Alcohol and 
Tobacco Tax and Trade Bureau (TTB), Community Development Financial 
Institutions Fund (CDFI), Special Inspector General, Troubled Asset 
Relief Program (SIGTARP), Office of the Inspector General (OIG), and 
Treasury Inspector General for Tax Administration (TIGTA). Note: This 
directive does not apply to CDFI. See 12 CFR part 1815, ``Environmental 
Quality.'' Treasury's responsibilities include managing federal 
finances; collecting taxes, and paying bills of the United States; 
producing currency and coinage; managing government accounts

[[Page 49835]]

and the public debt; supervising national banks and thrift 
institutions; advising on domestic and international financial, 
monetary, economic, trade and tax policy; enforcing federal finance and 
tax laws; and investigating and prosecuting tax evaders, 
counterfeiters, and forgers.
    The policies and procedures in the proposed directive and 
accompanying guidelines will assist Treasury in evaluating its actions 
in light of the requirements in CEQ regulations and NEPA. These 
substantive or procedural requirements apply to the program planning 
and project development in all Treasury bureaus and offices. In 
particular, there is special consideration of the requirements for 
public involvement, dispute resolution, intergovernmental coordination, 
emergency procedures, and handling of sensitive information in Treasury 
decisionmaking.
    This proposed directive and accompanying guidelines include 
processes for preparing categorical exclusions, environmental 
assessments, findings of no significant impact, and environmental 
impact statements. Treasury proposes to use these in conjunction with 
NEPA, the CEQ regulations at 40 CFR parts 1500-1508, and other 
pertinent environmental regulations, Executive Orders, statutes, and 
laws developed for the consideration of environmental impacts of 
federal actions.
    The directive and guidelines were established by reviewing the 
historical actions and missions of all the Treasury bureaus. They were 
prepared by bureau representatives with environmental policy and 
operations responsibilities, under the direction of the Office of 
Environment, Health, and Safety.
    The group reviewed existing law and requirements, agency policies, 
existing guidance on the implementation of NEPA from the Council on 
Environmental Quality, and it examined policies and procedures from 
other federal agencies to identify policies that could be appropriate 
for the missions of the Treasury Department.
    An area of emphasis included the development of appropriate 
categorical exclusions. The group considered that Treasury's activities 
are performed primarily in office-type environmental surroundings, but 
in the case of the Bureau of Engraving and Printing, and United States 
Mint, manufacturing settings predominate. Likewise, the group examined 
existing categorical exclusions from other federal departments to 
determine whether any might be appropriate for Treasury. The resulting 
list of proposed categorical exclusions is included in Appendix 1 of 
the proposed guidelines.
    The Department of the Treasury solicits public review of this 
document and will review and consider those comments before this 
directive and accompanying guidelines are final.

Nani Coloretti,
Assistant Secretary for Management.

TREASURY DIRECTIVE: 75-02

Date: TBD

Sunset Review: TBD

SUBJECT: Department of the Treasury National Environmental Policy Act 
(NEPA) Program

    1. PURPOSE. This directive establishes policy, and assigns 
responsibilities for implementing the Council on Environmental 
Quality's (CEQ) regulations for the National Environmental Policy Act 
(NEPA) found at 40 CFR parts 1500-1508.
    2. SCOPE. This directive applies to all bureaus, the Departmental 
Offices, and the Office of Inspector General (OIG), Office of the 
Treasury Inspector General for Tax Administration (TIGTA), and Office 
of the Special Inspector General for the Troubled Asset Relief Program 
(SIGTARP) (collectively referred to as ``bureaus''). The provisions of 
this directive shall not be construed to interfere with or impede the 
authorities or independence of the Department's Inspectors General. Nor 
shall they be interpreted to govern environmental considerations 
related to awards under the Community Development Financial 
Institutions (CDFI) Fund programs as its NEPA program is regulated 
under 12 CFR part 1815, ``Environmental Quality.''
    3. POLICY.
    a. The Department of the Treasury (Treasury) will consider 
environmental quality as equal with economic, social, and other 
relevant factors in program development and decision making processes. 
Additionally, Treasury will fully evaluate its actions to ensure 
compliance with the requirements of NEPA and the CEQ regulations, where 
applicable.
    b. In assessing the potential environmental impacts of its actions, 
Treasury will consult early with appropriate federal, state, and local 
agencies and other organizations to provide decision-makers with the 
technical and other aspects of environmental planning.
    c. When adverse environmental impacts are identified, either direct 
or indirect, an examination will be made of alternative courses of 
action, including their potential environmental impacts. The objective 
of the environmental review will be to develop a feasible alternative 
with the least adverse environmental impact. The alternative of not 
proceeding with the proposal will also be considered.
    4. TERMINOLOGY. The terminology and definitions contained in 40 CFR 
part 1508 shall be employed for the purposes of this directive.
    5. RESPONSIBILITIES.
    a. The Assistant Secretary for Management (ASM) has the authority 
to integrate fully all applicable environmental laws and regulations 
into Treasury's missions and activities. The ASM shall:
    (1) seek to ensure that all actions taken by Treasury, with respect 
to the fulfillment of NEPA and the CEQ regulations, are duly 
coordinated with appropriate federal, state, and local entities;
    (2) provide guidance on environmental policy and requirements;
    (3) assist in reviewing and assessing the environmental impact of 
proposed Treasury actions;
    (4) provide guidance in the consideration, application, 
preparation, scoping, processing, and distribution of categorical 
exclusions (CEs), environmental assessments (EAs) and environmental 
impact statements (EISs);
    (5) receive for clearance action all CEs, EAs, and EISs, draft and 
final, originating in Treasury;
    (6) receive all CEs, EAs, and EISs submitted by other agencies that 
address Treasury actions and coordinate the appropriate review and 
reply;
    (7) perform such other functions as are specified in this directive 
or are appropriate under the CEQ regulations or other instructions or 
recommendations of agencies charged with carrying out the duties of the 
statutes listed in Section 8; and
    (8) ensure that EAs, EISs and Findings of No Significant Impact 
(FONSIs) prepared under Treasury's jurisdiction are accessible to the 
public from the respective bureau's Web site for five years from the 
date of issuance.
    b. Heads of Bureaus shall:
    (1) prepare, and circulate within Treasury for the consideration of 
others, EAs and EISs when an action or policy area in question falls 
under their jurisdiction;
    (2) issue any supplementary procedures consistent with this 
directive for the implementation of NEPA which the bureaus deem 
necessary. Procedures shall be addressed in accordance with the CEQ 
regulations (Section 1507.3) and this directive and shall be submitted 
to the

[[Page 49836]]

ASM through the OGC for coordination, review and concurrence.
    (3) ensure that communications with CEQ, and other government 
agencies or individuals on matters concerning Treasury compliance with 
NEPA and the relevant CEQ regulations are signed by, or coordinated 
with, the ASM through the OGC. Examples of such communications are 
letters transmitting CEs, EAs, and EISs, reports, and all Departmental 
contacts relevant to Treasury compliance with NEPA and the CEQ 
regulations. Unless special circumstances indicate that a different 
officer should act, communications announcing decisions to prepare EAs 
or EISs, requesting comments on draft statements, or transmitting final 
statements for the information of agencies, shall also be signed by the 
ASM and, in the case of a non-Treasury entity, shall be addressed to 
its ASM or equivalent official;
    (4) ensure that mitigation measures that have been identified in 
decision documents (e.g., Records of Decision (RODs)) are carried out. 
Bureaus shall institute procedures in coordination with their 
environmental program manager to ensure that the mitigation measures 
are carried out (Sections 1505.2(c) and 1505.3, CEQ regulations, and 
CEQ Guidance: Appropriate Use of Mitigation and Monitoring and 
Appropriate Use of Mitigated Finding of No Significant Impact, issued 
January 14, 2011). Further, the mitigation must be monitored to assure 
that it is having the intended environmental benefits;
    (5) provide for early involvement in all actions which require some 
form of federal approval as required by Sections 1501.2(d), and 1500.5 
(a, f) of the CEQ regulations;
    (6) ensure public involvement in the NEPA process pursuant to 
Section 1506.6 of the CEQ regulations. Communicate timely and provide 
electronic documents related to public involvement with the ASM through 
the Treasury Departmental Offices Environmental Program Manager (EPM) 
located in the OEHS.
    (7) prepare legislative EISs. Bureaus with primary responsibility 
for legislative proposals originating in Treasury, which will 
significantly affect the quality of the human environment, shall be 
responsible for preparing legislative EISs. Close coordination shall be 
maintained between the ASM through the EPM and bureaus concerning the 
legislative proposals;
    (8) designate a NEPA Point-of-Contact and alternate in their Bureau 
to coordinate with the EPM;
    (9) perform such other functions as specified in this directive; 
and
    (10) be responsive to requests from the CEQ and other relevant 
agencies for reports or other information in connection with the 
implementation of NEPA, and for the preparation and circulation of EISs 
as required by Section 1506.9 of the CEQ regulations.
    c. The Bureau NEPA Points-of-Contact shall collaborate with the EPM 
to:
    (1) identify actions within their organization requiring an EA or 
EIS;
    (2) ensure that each required assessment or statement is prepared 
in a timely manner and with the prescribed content by appropriate 
staff;
    (3) ensure compliance with the requirements of NEPA, the CEQ 
regulations, and this directive by coordinating the review of such 
statements and assessments, and by maintaining compliance with all 
applicable scheduling, scoping, consultation, circulation, public 
hearing, and publication requirements;
    (4) maintain effective communication and consultation with the OGC 
and inform key officials of current developments in environmental 
policy and programs;
    (5) ensure that the assessment of the environmental impact of 
actions concerning various areas of Treasury policy and operations, and 
the preparation of EAs and EISs relating thereto, shall be coordinated 
with the CEQ;
    (6) ensure that all NEPA documents releasable to the public are 
provided to the OGC for review prior to posting on the Department's 
public Web site; and
    (7) participate in and/or monitor the General Services 
Administration's (GSA) NEPA activities involving Treasury facilities.
    d. The EPM shall receive all EAs and EISs submitted by other 
agencies for comment and coordinate the appropriate review and reply. 
If any bureau receives a request for comment directly from another 
agency, the request, together with the respective documents, shall be 
referred to the Departmental Offices (DO) Environmental Program Manager 
for appropriate action. Department of the Treasury comments should be 
confined to matters within the jurisdiction or expertise of Treasury. 
However, comments need not be limited to environmental aspects, but may 
relate to fiscal, economic, and non-governmental matters of concern to 
the Department.
    6. IMPLEMENTATION. Guidance and procedures on implementing this 
directive are found in Treasury Directive Publication (TD P) 75-02.
    7. AUTHORITIES.
    a. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 
4321, et seq.
    b. National Environmental Policy Act Regulations, Council on 
Environmental Quality, 40 CFR parts 1500-1508.
    8. REFERENCES.
    a. CEQ NEPA Guidance http://ceq.hss.doe.gov/nepa/regs/guidance.html.
    b. Council on Environmental Quality, Aligning NEPA Processes with 
Environmental Management Systems--A Guide for NEPA and EMS 
Practitioners, dated April 2007, http://ceq.hss.doe.gov/nepa/NEPA_EMS_Guide_final_Apr2007.pdf.
    c. The NEPA Task Force Report to the Council on Environmental 
Quality: Modernizing NEPA Implementation, dated September 2003, http://ceq.hss.doe.gov/ntf/report/index.html.
    d. Treasury Directive 75-09, Environmental, Health, and Safety 
Management, Energy, and Sustainability Program, dated August 13, 2013.
    e. Clean Air Act, as amended, 42 U.S.C. 74701 et. seq.
    f. Clean Water Act, 33 U.S.C. 1251 et. seq.
    g. Coastal Zone Management Act, 16 U.S.C. 1451 et. seq.
    h. Endangered Species Act, 16 U.S.C. 1531 et. seq.
    i. Environmental Quality Improvement Act of 1970, as amended, 42 
U.S.C. 4321-4335.
    j. Federal Water Pollution Control Act, 33 U.S.C.1251 et. seq.
    k. Marine Mammal Protection Act, 16 U.S.C. 1361 et. seq.
    l. National Historic Preservation Act, 16 U.S.C. 470 et. seq.
    m. National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq.
    n. Executive Order 11514, ``Protection and Enhancement of 
Environmental Quality,'' dated March 5, 1970, as amended by E.O. 11991, 
dated May 24, 1977.
    o. Executive Order 11988, ``Floodplain Management,'' dated May 24, 
1977.
    p. Executive Order 11990, ``Protection of Wetlands,'' dated May 24, 
1977 (42 FR 26961), as amended by Executive Order 12608, dated 
September 9, 1987.
    q. Executive Order 12114, ``Environmental Effects Abroad of Major 
Federal Actions,'' dated January 4, 1979, (44 FR 1957).
    r. Executive Order 12898, ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations,'' dated February 11, 1994, (59 FR 7629).
    s. Executive Order 13423, ``Strengthening Federal Environmental, 
Energy, and Transportation Management,'' dated January 24, 2007.

[[Page 49837]]

    t. Executive Order 13514, ``Federal Leadership in Environmental, 
Energy, and Economic Performance,'' dated October 5, 2009.
    9. CANCELLATION. Treasury Directive 75-02, ``Department of the 
Treasury Environmental Quality Program,'' dated September 25, 1990, is 
superseded.
    10. EMERGENCIES. In the event of emergencies which may require a 
bureau to take an action with significant environmental impacts without 
complying with this directive or the CEQ regulations, the CEQ should be 
consulted, through the EPM, about alternative arrangements (Section 
1506.11, CEQ regulations).
    11. OFFICES OF PRIMARY INTEREST. The Office of Environment, Health, 
and Safety. Office of Assistant Secretary for Management.
    Nani Coloretti, Assistant Secretary for Management

Treasury Directive Publication 75-02

SUBJECT: Guidelines for Implementing the Department of the Treasury 
National Environmental Policy Act Program

    1. PURPOSE. This Treasury Directive Publication (Publication) 
provides guidelines and procedures for the effective implementation of 
the Council on Environmental Quality (CEQ) regulations on the National 
Environmental Policy Act (NEPA).
    2. SCOPE. This directive publication applies to all bureaus, the 
Departmental Offices, and the Office of Inspector General (OIG), Office 
of the Treasury Inspector General for Tax Administration (TIGTA), and 
Office of the Special Inspector General for the Troubled Asset Relief 
Program (SIGTARP) (collectively referred to as ``bureaus''). The 
provisions of this directive shall not be construed to interfere with 
or impede the authorities or independence of the Department's 
Inspectors General. Nor shall they be interpreted to govern 
environmental considerations related to awards under the Community 
Development Financial Institutions (CDFI) Fund programs as its NEPA 
program is regulated under 12 CFR part 1815, ``Environmental Quality.''
    3. RELATED DIRECTIVE. Treasury Directive 75-02, ``Department of the 
Treasury National Environmental Policy Act Program.''
    4. RESPONSIBLE OFFICE. Office of Environment, Health, and Safety 
(OEHS) within the Office of the Deputy Assistant Secretary for 
Management and Budget (DASMB).
    5. EARLY INVOLVEMENT IN ACTIONS INITIATED BY PRIVATE OR OTHER NON-
FEDERAL ENTITIES.
    (1) To implement the requirements of Section 1501.2(d) of the CEQ 
regulations with respect to actions planned by private or other non-
federal entities that require some form of federal approval (for 
example, loans, grants, or approvals in connection with bureau managed 
or regulated facilities), each bureau shall:
    (a) prepare, within a reasonable timeframe, generic guidelines 
describing the scope and level of environmental information required 
from applicants as a basis for evaluating their proposed actions and 
make these guidelines available;
    (b) provide such guidance on a project-by-project basis to 
applicants seeking assistance from the bureau;
    (c) upon receipt of an application for bureau approval, or 
notification that an application will be filed, consult as required 
with other appropriate parties to initiate and coordinate any necessary 
environmental analyses;
    (d) consult with appropriate federal, regional state and local 
agencies and other potentially interested parties during preliminary 
planning stages to ensure that all environmental factors are 
identified;
    (e) communicate and consult in a timely manner with the ASM through 
the Treasury Departmental Offices Environmental Program Manager (EPM) 
located in the OEHS.
    (2) The responsible bureau shall independently evaluate the 
information submitted by the applicant and, if it accepts that 
information, shall be responsible for its accuracy. If the bureau 
chooses to use the information submitted by the applicant in an EA or 
EIS, it must include the names of the persons responsible for the 
independent evaluation in a list of preparers (Section 1506.5(a), CEQ 
regulations).
    (3) To facilitate compliance with the requirements above, private 
applicants and other non-federal entities should be advised to:
    (a) contact Treasury as early as possible in the planning process 
for guidance on the scope and level of environmental information which 
may be required to be submitted in support of their application;
    (b) conduct any studies which are deemed necessary and appropriate 
by Treasury to determine the impact of the proposed action on the human 
environment;
    (c) submit applications for necessary federal, regional, state and 
local approvals as early as possible in the planning process;
    (d) notify Treasury as early as possible of any other federal, 
regional, state, local and Indian tribe actions required for project 
completion so that Treasury may coordinate all federal environmental 
reviews; and
    (e) notify Treasury of any known parties potentially affected by, 
or interested in, the proposed action.
    6. THE NEPA PROCESS.
    a. Classes of Action Requiring Similar Treatment Under NEPA.
    (1) NEPA actions undertaken by Treasury may be broken down into 
three main classes of action:
    (a) those actions normally requiring EISs, such as proposals for 
major Treasury building projects involving large land acquisition and 
construction of large facilities, or for proposed legislation which may 
have a significant effect on the environment;
    (b) those actions normally requiring EAs, but not necessarily EISs, 
such as proposals to build a new warehouse for non-hazardous storage, 
production of next generation currency, or approval of plastic liquor 
bottles or ethanol permits; and
    (c) those actions requiring neither an EIS nor an EA; e.g., 
categorical exclusions (CEs). CEs are actions which meet the definition 
contained in 40 CFR 1508.4, and, based on past experience with similar 
actions, typically do not involve significant environmental impacts, 
either individually or cumulatively.
    (2) Treasury does not, in general, have responsibility for actions 
which will have a significant effect on the quality of the human 
environment. Decisions as to whether environmental documentation is 
required shall be made on a case-by-case basis by the head of the 
bureau involved in conjunction with the ASM through the EPM. Additional 
guidance may be obtained from the CEQ.
    (3) In the event a proposed action falls within either category (a) 
or (b) of sub-paragraph (1) above, the bureau should take the 
appropriate steps outlined in sections 8 and 9 below. If the proposed 
action is categorically excluded, then the bureau may proceed with 
implementing the action.
    b. Integrating the NEPA Process with Bureau Planning and Decision 
Making.
    (1) The ultimate purpose of NEPA is to ensure that public officials 
make decisions based on an understanding of the environmental 
consequences of proposed major federal actions. The means provided by 
NEPA to achieve its goals is called the ``NEPA process'' and is 
outlined in Sec. 102 of NEPA [42 USC Sec.  4332].
    (2) At all appropriate facilities and organizational levels, 
bureaus shall integrate their NEPA process within their environmental 
management system (EMS). To comply with NEPA,

[[Page 49838]]

bureaus must ensure that the NEPA process is integrated with bureau 
planning and decision making as early as possible (Sections 1501.2 and 
1505.1, CEQ Regulations). Accordingly, bureaus shall:
    (a) ensure, where necessary, final EAs or EISs and related 
documents accompany proposals through the entire review process;
    (b) consider and balance pertinent non-environmental factors with 
those relating to the environment and consider all practicable 
alternatives and mitigation measures identified in the environmental 
documents;
    (c) make no decision on a proposed action until the applicable 
timing requirements have been met;
    (d) communicate and consult in a timely manner with the ASM through 
the EPM; and
    (e) prepare a concise public record of the decision at the time it 
is made, or, for a legislative EIS, at the time of its recommendation 
to Congress. This record will be prepared in accordance with Section 
1505.2 of the CEQ regulations.
    7. DOCUMENTING A DEPARTMENT OF THE TREASURY CATEGORICAL EXCLUSION 
(CE).
    a. The head of the bureau shall prepare a Record of Categorical 
Exclusion Determination when a category of actions repeatedly 
demonstrates no significant effect on the human environment or the 
agency has other evidence that a CE is warranted. This might include 
through scientific evidence or review of other agencies' categorical 
exclusions.
    Appendix 1 lists bureau actions which Treasury has determined do 
not individually or cumulatively have a significant effect on the human 
environment. To find that a proposal is categorically excluded, the 
bureau shall determine the following:
    (1) The proposal fits within one of the classes of actions that are 
listed in Appendix 1; and
    (2) There are no extraordinary circumstances related to the 
proposed action that are present that may have a significant 
environmental effect. The extraordinary circumstances set forth by the 
Department of the Treasury are as follows:
    (a) An action that results in a project of greater scope or size 
than typically experienced for a particular category of actions;
    (b) Highly controversial environmental effects exist where 
controversy is defined as: voiced opposition from state/local agencies/
tribes, an unusual level of concern raised by the public, or use of 
unproven technology with uncertain environmental effects;
    (c) Potential impacts to areas of critical environmental concern 
are found, including, but not limited to, prime or unique agricultural 
lands, wetlands or floodplains, coastal zones, wilderness areas, 
aquifers, or wild and scenic rivers;
    (d) Potential effects to properties or archaeological resources 
exist, which are either listed or eligible for listing on the National 
Register of Historic Places (note: this extraordinary circumstance is 
not applicable if a separate Section 106 process under the National 
Historic Preservation Act has been completed resulting in the 
concurrence of the State Historic Preservation Officer (SHPO) or the 
Tribal Historic Preservation Officer (THPO) or the signing of a 
Memorandum of Agreement with the SHPO or THPO and/or the Advisory 
Council on Historic Preservation);
    (e) Adverse effects exist on species endangered, threatened, or 
proposed to be listed on the List of Endangered or Threatened Species 
or located in an area designated as Critical Habitat for an endangered 
or threatened species or other protected resources;
    (f) Possible violation exists of federal, state, local, or tribal 
law for the protection of the environment;
    (g) Inconsistencies exist with any federal, state, local or tribal 
law, requirement or administrative determination relating to the 
environmental aspects of the action;
    (h) Potential for degradation exists, even though slight, of 
already existing poor environmental conditions;
    (i) Presence of hazardous or toxic substances exists at levels 
which exceed federal, state, local or tribal law or regulations or 
standards requiring action or attention;
    (j) Potential exists for adverse effects on health or safety; or
    (k) Potential for significant cumulative impacts exist when the 
proposed action is combined with other past, present, and reasonably 
foreseeable future actions, even though the impacts of the proposed 
action may not be significant by themselves.
    (l) The degree to which the possible effects on the human 
environment are highly uncertain or involve unique or unknown risks.
    (m) The degree to which the action may establish a precedent for 
future actions with significant effects or represents a decision in 
principle about a future consideration.
    b. When it is determined that an activity warrants a CE, the 
following is required to be documented by the bureau with an electronic 
copy sent to the EPM:
    (1) A completed Environmental Analysis for Categorical Exclusions 
form;
    (2) A reference to the type of CE being applied. (Appendix 1);
    (3) A determination statement which shall be signed and dated by 
the bureau head. [Suggested statement language: Based on my review of 
information conveyed to me and attached concerning the proposed action 
designation of a categorical exclusion, I have determined that the 
proposed action is categorically excluded under Treasury Directive 75-
02 and the proposed action is not subject to any extraordinary 
circumstances and is hereby precluded from further NEPA review.]
    c. The EPM will post the final document identifying the CE on the 
Treasury Department's public Web site.
    8. WRITING A DEPARTMENT OF THE TREASURY ENVIRONMENTAL ASSESSMENT 
(EA).
    a. The head of the bureau shall prepare the assessment. The 
assessment shall be submitted electronically to the ASM through the EPM 
for review and approval. The EPM will place the final document(s) on 
the Department of the Treasury Public NEPA Web site.
    b. To the extent practicable, other agencies, applicants, and the 
public should be involved in preparing the EA (see also Section 
1501.4.b, CEQ regulations). Responsibility for information provided by 
applicants for use in preparing an EA or for assessments prepared by an 
applicant for an organization is outlined in Section 1506.5(b) of the 
CEQ regulations.
    c. Treasury EAs shall:
    (1) describe the proposed action and the need for it;
    (2) briefly describe the environmental impacts of, and alternatives 
to, the proposed action, including mitigation measures;
    (3) identify and analyze impacts associated with energy (including 
alternative energy sources) and climate change;
    (4) list the agencies and persons consulted;
    (5) provide a brief analysis, based upon the above evidence, for 
determining whether to prepare an Environmental Impact Statement (EIS), 
or a Finding of No Significant Impact (FONSI); and
    (6) make EAs and findings of no significant impact available to the 
public.
    d. NEPA requires that for all proposals for legislation or other 
major

[[Page 49839]]

federal actions significantly affecting the quality of the human 
environment, the environmental implications of the proposal are to be 
explored.
    e. Whenever a Bureau matter, including the initiation of any action 
or program previously discontinued, could constitute a major federal 
action significantly affecting the quality of the human environment, an 
EA shall be prepared as soon as possible, and at all times prior to the 
decision to take or to continue the action.
    f. An EA need not be prepared if an organization has decided to 
prepare an EIS on a proposed action.
    9. WRITING A DEPARTMENT OF THE TREASURY ENVIRONMENTAL IMPACT 
STATEMENT (EIS).
    a. Once it is determined that an organization shall be responsible 
for preparing an EIS, a notice of intent shall be promptly published in 
the Federal Register. The EPM will provide consultation while the 
organization will provide necessary communication to the EPM in order 
to keep the ASM advised.
    b. The scoping process, outlined in Section 1501.7 of the CEQ 
regulations, shall be used for determining the scope of issues to be 
addressed and for identifying the significant issues related to the 
proposed action. The organization involved and in consultation with the 
SAO through the EPM, shall be responsible for carrying out the scoping 
process in accordance with the CEQ regulations.
    c. Section 1501.5(a) of the CEQ regulations provides that a lead 
agency shall supervise the preparation of an EIS if more than one 
federal agency either proposes or is involved in the same action, or is 
involved in a group of actions directly related to each other because 
of their functional interdependence or geographical proximity (see also 
Section 1506.2, CEQ regulations).
    d. In the event the preparation of an EIS for a proposed 
organization action requires the designation of a lead agency for 
either of these reasons, the head of the organization shall contact the 
EPM for guidance. The bureaus shall seek out and coordinate with 
Cooperating Agencies (Federal, tribal or state) for EIS activities as 
outlined in 1501.5 and 1501.6. Any communications with other agencies 
which deal with lead agency designations shall be coordinated with the 
EPM. The criteria and responsibilities for lead and cooperating 
agencies are outlined in Section 1501.5 and 1501.6 of the CEQ 
regulations, respectively.
    e. EISs shall first be issued in draft, for comment by government 
agencies and the public. Final EISs that address comments received 
shall then be issued. Requirements for preparing and circulating draft 
and final statements (Part 1502 of the CEQ regulations) are as follows:
    (1) Timing.
    (a) The timing of the preparation, circulation, submission, and 
public availability of EISs is of great importance. EISs are not 
intended to be justification documents for proposed actions but are to 
be objective evaluations of proposed actions and their alternatives in 
light of all reasonably pertinent environmental considerations (Section 
1502.2(g), CEQ regulations).
    (b) EISs are then filed with the EPA. The EPA, in turn, publishes a 
weekly notice in the Federal Register of the EISs filed during the 
preceding week. No decisions on the proposed action may be made by the 
office/bureau until the following time periods calculated from the 
publication date of the EPA notice have been observed.
    1. Not less than 45 days for comment on draft statements (Section 
1506.10(c), CEQ regulations).
    2. Not less than 90 days and 30 days, respectively, for public 
availability of draft and final statements prior to administrative 
actions. These periods may run concurrently (Section 1506.10(b) and 
(c), CEQ regulations).
    3. Not less than 15 days for public availability of draft 
statements prior to any relevant hearing on proposed administrative 
actions (Section 1506.6(c)(2), CEQ regulations).
    4. The time periods prescribed in paragraphs 1 through 3 may be 
extended or reduced, in specific instances, in accordance with Section 
1506.10 of the CEQ regulations.
    (2) Securing Information.
    (a) The full resources of Treasury should be utilized in developing 
the factual and analytic information and reference sources required in 
the preparation of an EIS. The assistance of other agencies, federal, 
state, tribal, or local, with jurisdiction by law or special expertise 
concerning the environmental impacts involved should also be sought. 
Further, in accordance with Section 1506.3 of the CEQ regulations, 
bureaus may adopt, in whole or in part, a draft or final EIS prepared 
elsewhere in the Department or by another federal agency.
    (b) If the organization is having difficulty in securing requisite 
information or needs guidance, the EPM will assist in locating needed 
information through the CEQ, EPA, or other appropriate sources.
    (3) Writing and Content.
    (a) EISs are to be written in plain language, and may include 
appropriate graphics, so that bureau decision makers and the public can 
readily understand them (Section 1502.8, CEQ regulations).
    (b) The ``scoping'' process shall be utilized so that only 
significant issues related to the proposed action are analyzed in 
depth. (Section 1501.7, CEQ regulations).
    (c) EISs should be as concise as possible while still providing 
adequate, meaningful, and factual information and analysis to permit an 
evaluation of the proposed action from the environmental standpoint. 
Their length shall normally be less than 150 pages, and for proposals 
of unusual scope or complexity, less than 300 pages (Section 1502.7, 
CEQ regulations). ``Tiering'' (Section 1502.20, CEQ regulations) and 
``incorporation by reference'' (Section 1502.21, CEQ regulations) 
should be used, where appropriate, to insure that statements are kept 
concise.
    (d) Quantitative information about the proposed action, including 
actual or estimated data on its probable effects, should be included to 
the greatest extent practicable. If a cost-benefit analysis of the 
proposed action has been prepared, it should be incorporated by 
reference or appended to the EIS as an aid in evaluating the 
environmental consequences (Section 1502.23, CEQ regulations).
    (e) All reasonable alternatives and their environmental impacts 
shall be addressed, to include identifying and analyzing impacts 
associated with energy (including alternative energy sources) and 
climate change, regardless of whether or not they are not within the 
authority of the Department (Section 1502.14(c), CEQ regulations). 
Appropriate mitigation measures shall also be discussed (Section 
1502.14(f), CEQ regulations).
    (f) The basic content requirements for EISs are set forth in 
Section 1502.10-25 of the CEQ regulations. Bureaus shall follow the 
prescribed outline and content requirements described therein as 
closely as is feasible in each particular case.
    (g) Draft and final statements should refer to the underlying 
studies, reports, and other documents considered by the preparing 
organization and indicate how such documents may be obtained. With the 
exception of standard reference documents, such as congressional 
materials, the bureau should maintain a file of the respective 
documents which may be consulted by interested persons. If especially 
significant documents are attached to the EIS, care should be taken to 
insure that the statement remains an

[[Page 49840]]

essentially self-contained instrument easily understood without the 
need for undue cross-reference.
    (4) Utilizing Contractors. A contractor may be selected to prepare 
the EIS. Organization responsibility, in the event a contractor is 
employed, is outlined in Section 1506.5 (c) of the CEQ regulations. The 
work of a contractor, however, must be fully reviewed, endorsed, and 
fully adopted by the Department of the Treasury for it to be used as 
the NEPA document of the agency.
    (5) Circulation. The entire draft and final EIS shall be circulated 
in accordance with Section 1502.19 of the CEQ regulations. Appendices 
and unchanged statements may be treated in accordance with Sections 
1502.18(d) and 1503.4(c). If the statement is unusually long, the 
organization may circulate the summary instead (Section 1502.12, CEQ 
regulations), except that the entire statement shall be furnished as 
specified in Section 1502.19.
    (6) Public Involvement. Section 1506.6 of the CEQ regulations 
requires public involvement in the NEPA process. The relevant bureau 
will communicate timely and provide electronic documents related to 
public involvement with the ASM through the OGC, who will be available 
for consultation with the bureau.
    (a) To comply with this requirement, bureaus shall:
    1. Provide for public hearings whenever appropriate. Whenever, 
under the normal policies or procedures of the organization a hearing 
would be held on a matter requiring the preparation of an EIS, the 
environmental aspects should be included in the hearing. In other 
cases, the question of whether a hearing should be held with respect to 
an environmental matter shall be determined in accordance with the 
criteria set forth in Section 1506.6 (c) of the CEQ regulations. 
Normally, all hearings contemplated in this paragraph should be based 
on a draft EIS which should be made available to the public at least 15 
days before the hearing.
    2. Provide public notice of NEPA-related hearings, public meetings, 
and the availability of environmental documents. The notice should be 
provided by the means most likely to inform those persons and agencies 
that may be interested or affected.
    (a) Section 1506.6(b) of the CEQ regulations provides notification 
methods that may be used, including publication in local newspapers of 
general circulation, notice to state and local clearinghouses, and 
notice by mail.
    (b) A notice of the filing and availability of each EIS, draft and 
final, shall be inserted in the Federal Register by the responsible 
organization.
    3. Make EISs and EAs, along with any comments and underlying 
documents, available to the public on the Department of the Treasury 
public Web site through a link to their bureau public Web site and 
pursuant to the Freedom of Information Act (5 U.S.C. 552), the 
Department's regulations there under (31 CFR part 1), and the 
disclosure regulations of the bureau (Section 1506.6(f), CEQ 
regulations).
    (a) These materials are to be placed in the public reading room of 
the Treasury Library in Washington, DC, and the public reading rooms of 
the organization if any are maintained. The documents may be read or 
copied during working hours.
    (b) Copies to be made available to the public shall normally be 
provided on paper meeting the requirements of Executive Order (E.O.) 
13423 or superseding E.O. and without charge. However, when such costs 
are significant, the organization may, in accordance with Section 
1506.6(f) of the CEQ regulations, establish a fee which shall not 
exceed the actual cost of reproducing the copies. Multi-page documents 
are to be duplex printed (double-sided), unless otherwise required.
    (6) Commenting.
    (a) With respect to draft EISs, it is essential that the 
organizations consult with, and take account of the comments of, 
appropriate federal, state and local agencies. This shall involve the 
formal solicitation of review and comments on the draft statement 
(Section 1503.1, CEQ regulations). When appropriate, procedures for 
obtaining state and local comments shall be utilized (Section 
1503.1(a)(2), CEQ regulations).
    (b) Comments should also be requested from individuals or 
organizations which appear to have a special interest in some 
significant environmental aspect of the proposed action (Section 
1503.1(a)(4), CEQ regulations).
    (c) All substantive comments received on draft EISs (or summaries 
thereof where the comments are exceptionally long), should be attached 
to final EIS, whether or not each such comment is thought to merit 
individual discussion in the text of the statement (Section 1503.4(b), 
CEQ regulations).
    (d) Section 102(2)(C) of NEPA requires that the final EIS shall 
accompany the proposal to which it relates through the agency review 
process.
    10. ACTIONS EXCLUDED IN ACCORDANCE WITH CEQ REGULATIONS. In 
accordance with CEQ regulations (40 CFR 1500.6 and 1508.18(a)), some 
classes of actions may be thought to not trigger NEPA. Consultation 
with the Office of General Counsel must be initiated at the earliest 
time such an issue arises.
    11. OTHER NEPA REGULATORY PROVISIONS.
    (a) Emergency Actions/Alternate Arrangements: In the event of an 
emergency situation, Treasury may be required to take an action to 
prevent or reduce the risk to the environment, public health, or safety 
that may impact the human environment without evaluating those impacts 
under NEPA. 40 CFR 1506 provides that CEQ may grant alternative 
arrangements for, but not eliminate, NEPA compliance where a national 
emergency, disaster, or similar great urgency makes it necessary to 
take actions that merit an environmental impact statement without 
observing all the provisions of CEQ regulations. The processing times 
may be reduced or, if the emergency situation warrants, preparation and 
processing of environmental impact statements may be abbreviated. Upon 
learning of the emergency situation, the EPM will immediately inform 
CEQ of the emergency situation when the proposed Treasury action is 
expected to result in significant impacts on the human environment. In 
some cases, the emergency action may be covered by an existing NEPA 
analysis or an exemption. In other cases, it may not be covered. In 
these cases, the CEQ (in consultation with EPM) will establish 
alternate arrangements for NEPA compliance. The EPM will provide 
continued follow-up consultation with CEQ throughout the duration of 
the emergency situation. The provisions of this section do not apply to 
actions taken after the emergency situation has been resolved or those 
related to recovery operations. In an EIS where the proposed action is 
not expected to result in significant impacts on the human environment, 
the EPM ensures that the appropriate NEPA documentation is prepared to 
the extent practicable before or concurrent with the emergency actions 
required to control the emergency and before any follow-up actions are 
taken (40 CFR 1506.11).
    (b) Incomplete or Unavailable Information: If Treasury determines 
that there is incomplete or unavailable information while evaluating 
reasonably foreseeable significant adverse effects on the human 
environment in an EIS, it shall make clear that that such information 
is lacking.

[[Page 49841]]

    If this information is essential to choosing a reasonable 
alternative and obtaining it is not cost prohibitive, Treasury shall 
include that information. If the information relevant to reasonably 
foreseeable significant adverse impacts cannot be obtained because the 
overall costs of obtaining it are exorbitant or the means to obtain it 
are not known, Treasury shall include within the EIS:
    (1) a statement that such information is incomplete or unavailable;
    (2) a statement of the relevance of the incomplete or unavailable 
information to evaluating reasonably foreseeable significant adverse 
impacts on the human environment;
    (3) a summary of existing credible scientific evidence which is 
relevant to evaluating the reasonably foreseeable significant adverse 
impacts on the human environment; and
    (4) Treasury's evaluation of such impacts based upon theoretical 
approaches or research methods generally accepted in the scientific 
community. For the purposes of this section, ``reasonably foreseeable'' 
includes impacts which have catastrophic consequences, even if their 
probability of occurrence is low, provided that the analysis of the 
impacts is supported by credible scientific evidence, is not based on 
pure conjecture, and is within the rule of reason.
    (c) Incorporation by Reference: In order to reduce the size of 
documents, whenever possible, Treasury will incorporate material by 
reference into an EIS providing it will not impede Treasury and public 
review of the action. The incorporated material shall be cited in the 
document and its content briefly described. No material may be 
incorporated by reference unless it is reasonably available for 
inspection by potentially interested persons within the time allowed 
for comment. Material based on proprietary data which is itself not 
available for review and comment shall not be incorporated by 
reference.
    12. REQUIREMENTS FOR FLOODPLAIN MANAGEMENT AND PROTECTION OF 
WETLANDS. Executive Order 11988, ``Floodplain Management,'' and 
Executive Order 11990, ``Protection of Wetlands,'' direct federal 
agencies to ensure that the potential effects of any proposed actions 
they may take in a floodplain or wetland are considered and evaluated 
in their decision making.
    In a Federal Register notice of May 24, 1978 (43 FR 22311), 
Treasury advised that, as a general rule, it does not engage in 
activities which would impact on floodplain or wetlands. It was further 
stated that no separate Treasury procedures implementing these 
Executive Orders would be issued, but rather that such procedures would 
be incorporated in this directive.
    (1) To the extent possible, Bureaus are to avoid actions which 
would result in modification or destruction of floodplain and wetlands 
and, wherever there is a practicable alternative, are to avoid direct 
or indirect support of new development or construction in a floodplain 
or wetlands.
    (2) In the case of any proposed Department of the Treasury action 
which may involve floodplain or wetlands, and which may require the 
preparation of and EA or EIS, the assessment or statement shall include 
necessary data on the floodplain or wetlands in keeping with these 
procedures.
    (3) In the event of floodplain or wetlands involvement, the 
following procedural steps are to be followed. (Although these steps 
specifically mention floodplain, they are also applicable to wetlands.)
    (a) Determine if the proposed action is in a floodplain.
    (b) Provide for public involvement in a floodplain management 
decision making process by informing the public of the intent to locate 
in the floodplain, and by encouraging public comments thereon.
    (c) Identify and evaluate practicable alternatives to locating in a 
floodplain, including alternative sites, alternative actions, or no 
action.
    (d) If determined that the only practicable alternative is to 
locate in a floodplain, identify the impacts of the proposed action 
using the NEPA process and EA or EIS procedures in this directive. 
Focus especially on the adverse impacts of the proposed action on lives 
and property in the area, and on natural and beneficial floodplain 
values.
    (e) If harm to, or within, a floodplain may result from the 
proposed action, determine ways to minimize the harm and to restore and 
preserve the floodplain values. Measures should be considered to 
include the use of offsite floodplain/wetland mitigation ``banks''.
    (f) Reevaluate the proposed alternatives, based on the information 
obtained and consider whether the proposed action is still feasible at 
the site or should be limited.
    (g) A statement of findings and public explanation, including a 
brief comment period, must be provided for the proposed action if 
reevaluation determines that the proposed action is the only 
practicable alternative.
    13. PROPOSALS FOR LEGISLATION. A legislative environmental impact 
statement is the detailed statement required by law to be included in a 
recommendation or report on a legislative proposal (that originates 
within Treasury) to Congress. A legislative EIS shall be considered 
part of the formal transmittal of a legislative proposal to Congress, 
although it may be sent to Congress up to 30 days later to allow time 
for completion and accuracy. In all instances, the legislative 
statement must be available in time for Congressional hearings and 
deliberations in order that it may serve as a basis for public and 
Congressional debate (Section 1506.8(a), CEQ regulations).
    (a) Preparation of a legislative EIS shall conform to the 
requirements for EISs except as follows:
    (1) There need not be a ``scoping'' process.
    (2) The legislative EIS, although prepared in the same manner as a 
draft EIS, shall be considered that ``detailed statement'' required by 
statute. Provided that, when any of the following conditions exist, 
both a draft and final legislative EIS shall be prepared and circulated 
as provided in Sections 1503.1 and 1506.10 of the CEQ regulations.
    (a) A congressional committee with jurisdiction over the proposal 
has a rule requiring both draft and final EISs.
    (b) The proposal results from a study process required by statute.
    (c) Legislative approval is sought for federal or federally 
assisted construction or other projects which the office/bureau 
recommends be located at specific geographic locations. For proposals 
requiring an EIS for the acquisition of space by the GSA, draft and 
final EISs shall be provided to GSA for use during the approval 
process.
    (d) The organization prepares draft and final statements with an 
electronic copy to the EPM.
    14. FILING AND DISTRIBUTION OF EISs AND SUPPLEMENTAL STATEMENTS.
    a. The bureaus will communicate timely and provide electronic 
versions and written and bound copies, as needed, of their EIS and 
related documents concerning filing and distribution of EISs and 
Supplemental Statements with the ASM through the EPM. The EPM will 
place the documents on the Department of the Treasury Public NEPA Web 
site, and will be available for bureau consultation.
    b. As of October 1, 2012 EPA no longer accepts paper copies or 
compact discs (CDs) of EISs for filing purposes. EPA's online tool e-
NEPA (http://www.epa.gov/compliance/nepa/

[[Page 49842]]

submiteis/e-nepa-guide-on-registration-and-preparing-an-eis-for-
electronic-submission.pdf) meets their requirements for EIS filing. All 
submissions must be made through e-NEPA. At the same time as they are 
filed with EPA, EISs shall also be sent to commenting agencies and made 
available to the public (Section 1506.9, CEQ regulations). Any 
supplement to an EIS shall be made a part of the formal record, if such 
a record exists, before a final decision on the proposal is made 
(Section 1502.9(c)(3), CEQ regulations).
    15. OTHER REQUIREMENTS.
    a. Integrating Departmental Procedures with Other Environmental 
Review and Consultation Requirements.
    (1) Section 1501.7(a)(6) of the CEQ regulations requires that, as 
part of the scoping process, agencies identify other environmental 
review and consultation requirements so that any other required 
analyses or studies may be prepared concurrently and integrated with 
EAs and EISs.
    (2) The attention of the bureaus is directed particularly to the 
analyses and studies required by the Fish and Wildlife Coordination Act 
(16 U.S.C. 661, et seq.); the National Historic Preservation Act of 
1966, as amended, (16 U.S.C. 470, et seq.); the Endangered Species Act 
of 1973 (16 U.S.C. 1531, et seq.); E.O. 11988, ``Floodplain 
Management,'' dated May 24, 1977; E.O. 11990, ``Protection of 
Wetlands,'' dated May 24, 1977; CEQ Memorandum, ``Interagency 
Consultation to Avoid or Mitigate Adverse Effects on Rivers in the 
Nationwide Inventory,'' dated August 10, 1980; CEQ Memorandum, 
``Analysis of Impacts on Prime or Unique Agricultural Lands in 
Implementing the National Environmental Policy,'' dated August 11, 
1980; and other similar requirements.
    b. EPA Review.
    (1) Section 309 of the Clean Air Act (42 U.S.C. 7609) provides that 
the EPA Administrator shall comment in writing on the environmental 
impact of any matter within the area of EPA responsibility. Those areas 
include air and water quality, noise abatement and control, pesticide 
regulation, solid waste disposal, and generally applicable 
environmental radiation criteria and standards.
    EPA has developed a set of criteria for rating draft EISs. The 
rating system provides a basis upon which EPA makes recommendations to 
the lead agency for improving the draft EIS. These are rated in two 
categories; rating the Environmental Impact of the Action, and rating 
the Adequacy of the Draft Environmental Impact Statement. Additional 
information can be found here: http://www.epa.gov/compliance/nepa/comments/ratings.html
    (2) If the EPA Administrator determines that the matter ``is 
unsatisfactory from the standpoint of public health or welfare or 
environmental quality,'' the matter is to be referred to the CEQ in 
accordance with the criteria and procedures outlined in Sections 1504.2 
and 1504.3 of the CEQ regulations.
    (3) Under Section 102(2)(C) of NEPA, other federal agencies are 
authorized to make similar reviews and referrals in accordance with the 
criteria and procedures in Section 1504.2 and 1504.3 of the CEQ 
regulations.
    c. All hardcopy reports required shall be printed on paper 
containing a minimum of 30 percent postconsumer fiber and also shall be 
printed or copied double-sided, to the degree possible.

Appendix 1: Categorical Exclusions

Categorical Exclusions (CEs)

    The CE is intended to reduce paperwork and eliminate unnecessary 
EA and EIS preparation. Treasury actions which are considered to be 
categorically excluded are listed in the table below. The list is 
not exhaustive and any new CE shall be prepared in accordance with 
the instructions provided in Treasury Directive Publication (TD P) 
75-02. The term ``new'' includes substantive revisions to existing 
CEs.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
CE#....  ADMINISTRATIVE AND REGULATORY ACTIVITIES. These
                  categorical exclusions have the additional requirement
                  to be conducted in conformance with Executive Orders
                  13423, Strengthening Federal Environmental, Energy,
                  and Transportation Management, and 13514, Federal
                  Leadership in Environmental, Energy, and Economic
                  Performance.
 A1............  Personnel actions, including recruiting, processing,
                  paying, recordkeeping, and resource management;
                  fiscal, general management, administrative activities,
                  budgeting, other personnel actions, and travel.
 A2............  Reductions, realignments, or relocation of personnel
                  that do not result in exceeding the infrastructure
                  capacity or change the use of space. An example of a
                  substantial change in use of the supporting
                  infrastructure would be an increase in vehicular
                  traffic beyond the capacity of the supporting road
                  network to accommodate such an increase.
 A3............  Promulgation of rules, issuance of rulings or
                  interpretations, and the development and publication
                  of policies, orders, directives, notices, procedures,
                  manuals, and other guidance documents of the following
                  nature:
                    (a) Those of a strictly administrative or procedural
                     nature;
                    (b) Those that adopt, without substantive change,
                     statutory or regulatory requirements;
                    (c) Those that implement, without substantive
                     change, procedures, manuals, and other guidance
                     documents;
                    (d) Those that interpret or amend an existing
                     regulation without changing its environmental
                     effect;
                    (e) Technical guidance on safety and security
                     matters; or
                    (f) Guidance for the preparation of security plans.
A4.............  Information gathering, data analysis and processing,
                  information dissemination, review, interpretation, and
                  development of documents. If any of these activities
                  result in proposals for further action, those
                  proposals must be covered by an appropriate CE.
                  Examples include but are not limited to:
                    (a) Document mailings, publication and distribution,
                     training and information programs, historical and
                     cultural demonstrations, and public affairs
                     actions.
                    (b) Studies, reports, proposals, analyses,
                     literature reviews; computer modeling; and non-
                     intrusive information gathering activities.
A5.............  Awarding of contracts for technical support services,
                  ongoing management and operation of government
                  facilities.
A6.............  Procurement of non-hazardous goods and services, and
                  storage, recycling, and disposal of non-hazardous
                  materials and wastes, that complies with applicable
                  requirements and is in support of routine
                  administrative, operational, or maintenance
                  activities. Storage activities must occur on improved
                  land or in existing facilities. Examples of non-
                  hazardous goods and services include, but are not
                  limited to:
                 (a) Office supplies,
                    (b) Equipment,
                    (c) Mobile assets,
                    (d) Utility services,
                    (e) Chemicals and low level radio nuclides for
                     laboratory use,
                    (f) Deployable emergency response supplies and
                     equipment, and,
                    (g) Waste disposal and contracts for waste disposal
                     in established permitted landfills and facilities.

[[Page 49843]]

 
A7.............  The commitment of resources, personnel, and funding to
                  conduct audits, surveys, and data collection provided
                  that the technology or procedure involved is well
                  understood and there are no adverse environmental
                  impacts anticipated from it. If any of these
                  commitments result in proposals for further action,
                  those proposals must be covered by an appropriate CE.
                  Examples include, but are not limited to:
                    (a) Activities designed to support improvement or
                     upgrade of management of natural resources, such as
                     surveys for threatened and endangered species,
                     wildlife and wildlife habitat, historic properties,
                     and archeological sites; wetland delineations;
                     minimal water, air, waste, material and soil
                     sampling; audits, photography, and interpretation;
                    (b) Minimally-intrusive geological, geophysical, and
                     geo-technical activities, including mapping and
                     engineering surveys.
                    (c) Conducting Facility Audits, Environmental Site
                     Assessments and Environmental Baseline Surveys,
                     and,
                    (d) Vulnerability, risk, and structural integrity
                     assessments of infrastructure.
 CE#...  OPERATIONAL ACTIVITIES
B1.............  Research, development, testing, and evaluation
                  activities, or laboratory operations conducted within
                  existing enclosed facilities consistent with
                  previously established safety levels and in compliance
                  with applicable federal, tribal, state, and local
                  requirements to protect the environment when it will
                  result in no, or de minimis change in the use of the
                  facility. If the operation will increase the extent of
                  potential environmental impacts or is controversial,
                  an EA (and possibly an EIS) is required.
B2.............  Transportation of personnel, equipment, and evidentiary
                  materials in wheeled vehicles over existing roads or
                  jeep trails established by federal, tribal, state, or
                  local governments.
B3.............  Use and operation of an existing structure that would
                  be compatible with and similar in scope to its ongoing
                  functional uses and would be consistent with
                  previously established safety levels and in compliance
                  with applicable federal, tribal, state, or local
                  requirements to protect the environment.
B4.............  Support for or participation in short-lived, beneficial
                  community projects that do not involve construction,
                  or significant physical alteration of the environment.
                  Examples include, but are not limited to:
                    (a) Earth Day activities,
                    (b) Cleanup of rivers and parkways, and
                    (c) Participation in ``team building'' activities.
B5.............  Approval of recreational or public activities or events
                  at a location typically used for that type and scope
                  (size and intensity) of activity that would not
                  involve significant physical alteration of the
                  environment. Examples include, but are not limited to:
                    (a) Picnics, and
                    (b) Interpretive programs for historic and cultural
                     resources, such as programs in conjunction with
                     state and tribal Historic Preservation Officers, or
                     with local historic preservation or re-enactment
                     groups.
B6.............  Initial assignment or realignment of vehicles to
                  existing operational facilities that have the capacity
                  to accommodate such vehicles or where supporting
                  infrastructure changes will be minor.
B7.............  Acquisition, installation, maintenance, operation, or
                  evaluation of security equipment to protect people and
                  materials at existing facilities and the eventual
                  removal and disposal of that equipment in compliance
                  with applicable federal, tribal, state, and local
                  requirements to protect the environment. Examples of
                  the equipment include, but are not limited to:
                    (a) Low-level x-ray devices,
                    (b) Cameras and biometric devices,
                    (c) Passive inspection devices,
                    (d) Detection or security systems, and,
                    (e) Access controls, screening devices, and traffic
                     management systems.
                    (f) Alarms,
                    (g) Fences and temporary barriers,
                    (h) Preventative security systems.
B8.............  Identification, inspections, surveys, or sampling,
                  testing, seizures, quarantines, removals,
                  sanitization, and monitoring of items that cause
                  little or no physical alteration of the environment.
B9.............  Routine monitoring and surveillance activities that
                  support law enforcement such as patrols,
                  investigations, and intelligence gathering, but not
                  including any construction activities. This CE would
                  primarily encompass a variety of daily activities
                  performed by Treasury emergency management, operations
                  centers and security personnel.
 CE#...  REAL ESTATE ACTIVITIES
C1.............  Acquisition of an interest in real property and all
                  facilities on such property that is not within or
                  adjacent to environmentally protected areas, including
                  interests less than a fee simple, by purchase, lease,
                  assignment, easement, condemnation, or donation, which
                  does not result in a change in the functional use of
                  the property.
C2.............  Lease extensions, renewals, or succeeding leases for
                  real property and all facilities on such property
                  where there is no change in the facility's use and all
                  environmental permits have been acquired and are
                  current.
C3.............  Transfer of administrative control over real property,
                  including related personal property, between another
                  federal agency and Treasury that does not result in a
                  change in the functional use of the property.
C4.............  Determination that real property is excess to the needs
                  of the Treasury and, in the case of acquired real
                  property, the subsequent reporting of such
                  determination to the General Services Administration.
 CE#...  REPAIR AND MAINTENANCE ACTIVITIES
D1.............  Minor renovations and additions to buildings, roads,
                  grounds, equipment, and other facilities that do not
                  result in a change in the functional use of the real
                  property (e.g. realigning interior spaces of an
                  existing building, adding a small storage shed to an
                  existing building, retrofitting for energy
                  conservation, or installing a small antenna on a
                  building roof).
D2.............  Routine upgrade, repair, maintenance, or replacement of
                  equipment and vehicles, or other mobile assets (such
                  as emergency generators) which is substantially the
                  same as that routinely performed by private sector
                  owners.
D3.............  Repair and maintenance of Treasury-managed buildings,
                  roads, grounds, and other facilities which do not
                  result in a change in functional use (e.g. replacing a
                  roof, painting a building, resurfacing a road, common
                  pest control activities, restoration of trails and
                  firebreaks, culvert maintenance, grounds maintenance,
                  existing security systems that do not require
                  individual regulatory permits).
D4.............  Reconstruction and/or repair by replacement of existing
                  utilities in an existing right-of-way or easement.
CE#....  CONSTRUCTION, INSTALLATION, AND DEMOLITION ACTIVITIES
E1.............  Installation, operation, maintenance, and removal of
                  utility and communication systems (such as mobile
                  antennas, data processing cable, and similar
                  electronic equipment) that use existing rights-of-way,
                  easements, utility distribution systems, and/or
                  associated facilities.
E2.............  Addition to an existing structure or improvement of
                  land where all of the following conditions are met:
                    (a) The structure and proposed use are compatible
                     with applicable federal, tribal, state, and local
                     planning and zoning standards and consistent with
                     federally approved state coastal management
                     programs,
                    (b) The site is in a previously disturbed location,

[[Page 49844]]

 
                    (c) The proposed use will not substantially increase
                     the number of motor vehicles at the facility or in
                     the area,
                    (d) The site and scale of construction or
                     improvement are consistent with those of existing,
                     adjacent, or nearby buildings, and,
                    (e) The construction or improvement will not result
                     in uses that exceed existing support infrastructure
                     capacities (roads, sewer, water, parking, etc.).
                    (f) The original footprint of a Treasury facility is
                     not increased by more than 10 percent.
E3.............  Acquisition, installation, operation, and maintenance
                  of equipment, devices, and/or controls necessary to
                  mitigate effects of Treasury's actions on health and
                  the environment. Examples include but are not limited
                  to:
                    (a) Installation of new emissions and pollution
                     control equipment whose new emissions are minor or
                     offset by emission credits or by the removal of
                     other equipment and it does not result in increased
                     air emissions. The installation is done in
                     compliance with all Federal, state, local and
                     tribal requirements. Examples include adding new
                     equipment for printing currency while using credits
                     to offset the emissions;
                    (b) Noise abatement measures, including construction
                     of noise barriers, installation of noise control
                     materials, or planting native trees and/or native
                     vegetation for use as a noise abatement measure,
                     and,
                    (c) Devices to protect human or animal life, such as
                     raptor electrocution prevention devices, fencing
                     and grating to prevent accidental entry to
                     hazardous or restricted areas, and rescue beacons
                     to protect human life.
E4.............  Removal or demolition, along with subsequent disposal
                  of debris to permitted or authorized off-site
                  locations, of non-historic buildings, structures,
                  other improvements, and/or equipment in compliance
                  with applicable environmental and safety requirements.
E5.............  Natural resource management activities to enhance
                  native flora and fauna, including site preparation,
                  and landscaping.
E6.............  Reconstruction of roads on Treasury facilities, where
                  runoff, erosion, and sedimentation issues are
                  mitigated through implementation of best management
                  practices as described in EPA's National Menu of Best
                  Management Practices for Stormwater Phase II.
E7.............  Construction of physical fitness and training trails
                  for non-motorized use on Treasury facilities in areas
                  that are not environmentally protected, where run-off,
                  erosion, and sedimentation are mitigated through
                  implementation of best management practices.
CE#....  HAZARDOUS/RADIOACTIVE MATERIALS MANAGEMENT AND
                  OPERATIONS
F1.............  Routine procurement, transportation, distribution, use
                  storage, and off-site disposal of hazardous materials
                  that comply with all applicable federal, state, local,
                  and tribal requirements.
F2.............  Reuse, recycling, and disposal of solid, medical,
                  radiological, and hazardous waste generated incidental
                  to Treasury activities that comply with applicable
                  federal, state, local, and tribal requirements.
                  Examples include but are not limited to:
                    (a) Appropriate treatment and disposal of medical
                     waste conducted in accordance with all federal,
                     state, local and tribal laws and regulations,
                    (b) Temporary storage and disposal of solid waste,
                     conducted in accordance with all federal, state,
                     local and tribal laws and regulations,
                    (c) Disposal of radiological waste through
                     manufacturer return and recycling programs, and,
                    (d) Hazardous waste minimization activities.
F3.............  Use (that may include the processes of installation,
                  maintenance, non-destructive testing, and
                  calibration), transport, and storage of hand-held,
                  mobile or stationary instruments, containing sealed
                  radiological and radioactive materials, to screen for
                  possible security violations in compliance with
                  commercial manufacturers' specifications, as well as
                  applicable federal requirements to protect the human
                  environment. Examples of such instruments include but
                  are not limited to:
                    (a) Gauging devices, tracers, and other analytical
                     instruments,
                    (b) Instruments used in industrial radiography,
                    (c) Systems used in medical and veterinary practices
                     and,
                    (d) Nuclear Regulatory Commission (NRC) approved,
                     sealed, small source radiation devices for scanning
                     vehicles and packages where radiation exposure to
                     employees or the public does not exceed 0.1 rem per
                     year and where systems are maintained within the
                     NRC license parameters at existing facilities.
CE#....  TRAINING AND EXERCISES
G1.............  Training of security personnel using existing
                  facilities where the training occurs in accordance
                  with applicable permits and other requirements for the
                  protection of the environment. This exclusion does not
                  apply to training that involves the use of live
                  chemical, biological, or radiological agents except
                  when conducted at a location designed and constructed
                  to contain the materials used for that training.
                  Examples include but are not limited to:
                    (a) Administrative or classroom training,
                    (b) Vehicle operation training,
                    (c) Security specialties,
                    (d) Crowd control training,
                    (e) Enforcement response, self-defense, and
                     interdiction techniques training, and,
                    (f) Techniques for use in fingerprinting and drug
                     analysis.
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[FR Doc. 2014-19891 Filed 8-21-14; 8:45 am]
BILLING CODE 4810-25-P