[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68385-68386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24799]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / 
Proposed Rules  

[[Page 68385]]



DEPARTMENT OF ENERGY

10 CFR Part 1021


Request for Information Regarding Categorical Exclusions

AGENCY: Department of Energy.

ACTION: Request for information.

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

SUMMARY: The U.S. Department of Energy (DOE) requests information to 
help inform potential updates to categorical exclusions in its 
regulations implementing the National Environmental Policy Act (NEPA). 
DOE is considering revisions to ensure that its NEPA reviews are 
aligned with the latest DOE programs and initiatives for clean energy 
and electricity transmission projects, fully consider potential 
environmental impacts and community concerns, and are efficient and 
effective at informing DOE decisions. Through this request for 
information, DOE seeks recommendations and supporting information from 
interested individuals and organizations on establishing new 
categorical exclusions and revising existing ones.

DATES: Responses should be submitted by December 30, 2022.

ADDRESSES: Responses to this request for information should be 
submitted to [email protected].

FOR FURTHER INFORMATION CONTACT: For further information on submitting 
responses, contact Carrie Abravanel, Office of NEPA Policy and 
Compliance (GC-54), (202) 586-8397, [email protected].

SUPPLEMENTARY INFORMATION: DOE is responsible for investing billions of 
taxpayer dollars in new or expanded efforts in the research and 
development, demonstration, and deployment of clean energy projects and 
clean energy infrastructure throughout the United States and its 
territories. DOE must comply with NEPA (42 U.S.C. 4321, et seq.) to 
inform its decisions about these actions, including decisions related 
to financial assistance (e.g., grants, loan guarantees) to the private 
and public sector. DOE also must fulfill its responsibilities under 
other laws such as the National Historic Preservation Act and the 
Endangered Species Act. In addition, DOE is committed to providing 
meaningful and timely opportunities for engagement with local 
communities, Tribal Nations, and others potentially affected by its 
decisions.
    Central to implementation of NEPA is the principle that the extent 
of analysis should be proportional to the potential for significant 
environmental impacts. Accordingly, the Council on Environmental 
Quality (CEQ) established three types of NEPA review: categorical 
exclusion, environmental assessment, and environmental impact 
statement. (See e.g., 40 CFR parts 1501 and 1502.) An agency prepares 
an environmental assessment or environmental impact statement when the 
proposed action may result in significant environmental impacts, or the 
significance of potential impacts is unknown.
    A categorical exclusion is a category of actions that a federal 
agency has determined, in its agency NEPA procedures, normally do not 
have a significant effect on the human environment (40 CFR 1508.1(d)). 
DOE's categorical exclusions are listed in appendices A and B to 
subpart D of its NEPA procedures (10 CFR part 1021). Actions that 
qualify for a categorical exclusion do not require preparation of an 
environmental assessment or environmental impact statement.
    A DOE proposal to establish or modify a categorical exclusion must 
be accompanied by technical support demonstrating why DOE has concluded 
that the category of actions normally does not pose the potential for 
significant environmental impacts. Once established in its procedures, 
before determining that a categorical exclusion applies to any 
particular proposed action, DOE evaluates whether that proposed action 
meets the conditions contained in the categorical exclusion and whether 
there are any extraordinary circumstances associated with the proposed 
action that pose the potential for significant environmental impacts. 
For more information on DOE's process for applying a categorical 
exclusion to a proposed action see 10 CFR 1021.410 and Conditions That 
Are Integral Elements of the Classes of Action in Appendix B at the 
start of appendix B to subpart D of DOE's NEPA procedures in 10 CFR 
part 1021.

What information is DOE requesting?

    The Infrastructure Investment and Jobs Act (aka, Bipartisan 
Infrastructure Law), the Inflation Reduction Act, the CHIPS and Science 
Act, and DOE's annual appropriations all provide funding for DOE to 
lead the nation's transition to a clean energy economy and improve the 
resilience of its energy infrastructure. DOE's website includes 
information on this funding, such as a general web page on the 
Bipartisan Infrastructure Law, list of DOE programs funded by the 
Bipartisan Infrastructure Law, fact sheet on the Inflation Reduction 
Act, and statement regarding the CHIPS and Science Act.
    With respect to these laws and initiatives, DOE seeks information 
to help it identify activities associated with its furtherance of clean 
energy projects and clean energy infrastructure that should be 
considered for new or revised categorical exclusions. DOE requests that 
interested parties:
     Identify a specific category of actions related to clean 
energy projects and clean energy infrastructure that is not covered by 
existing DOE categorical exclusions, but that is likely to meet the 
standard of not having a significant effect on the human environment; 
and
     Provide suggestions for revising DOE's existing 
categorical exclusions related to clean energy projects and clean 
energy infrastructure.
    Along with the above information, interested parties should 
provide:
    (1) A brief explanation of the rationale for any suggested new 
categorical exclusions or revisions to the existing ones,
    (2) Any limits or conditions that should be included in the new or 
revised categorical exclusions to ensure that the category of actions 
normally does not pose the potential for significant environmental 
impacts, and
    (3) Technical or empirical support for the suggested changes to 
DOE's categorical exclusions.

How should information be provided?

    Responses should be submitted to [email protected] by 
December 30, 2022. Submitted information will be included in the public 
record of any associated rulemaking, should DOE decide to

[[Page 68386]]

undertake revisions to its NEPA regulations.
    Confidential Business Information: Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. Submit these 
documents via email. DOE will make its own determination about the 
confidential status of the information and treat it according to its 
determination.

Signing Authority

    This document of the Department of Energy was signed on November 8, 
2022, by Samuel Walsh, General Counsel, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on November 9, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-24799 Filed 11-14-22; 8:45 am]
BILLING CODE 6450-01-P