[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2944-2946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00784]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-100]


Notice of Adoption of Electric Vehicle Charging Stations 
Categorical Exclusion Under the National Environmental Policy Act

AGENCY: Environmental Protection Agency.

ACTION: Notice of adoption of categorical exclusion.

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SUMMARY: The Environmental Protection Agency (EPA) is adopting the 
Department of Energy's (DOE) Electric Vehicle Charging Stations 
Categorical Exclusion (CE) under the National Environmental Policy Act 
(NEPA) to use in EPA's program and funding opportunities administered 
by EPA. This notice describes the categories of proposed actions for 
which EPA intends to use DOE's CE and describes the consultation 
between the agencies.

DATES: This action is effective upon publication.

FOR FURTHER INFORMATION CONTACT: Michele Richoux, EPA Clean School Bus 
Program, by phone at 202-250-8852 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

NEPA and CEs

    The National Environmental Policy Act, as amended at, 42 U.S.C. 
4321-4347 (NEPA), requires all Federal agencies to assess the 
environmental impact of their actions. Congress enacted NEPA in order 
to encourage productive and enjoyable harmony between humans and the 
environment, recognizing the profound impact of human activity and the 
critical importance of restoring and maintaining environmental quality 
to the overall welfare of humankind. 42 U.S.C. 4321, 4331. NEPA's twin 
aims are to ensure agencies consider the environmental effects of their 
proposed actions in their decision-making processes and inform and 
involve the public in that process. 42 U.S.C. 4331. NEPA created the 
Council on Environmental Quality (CEQ), which promulgated NEPA 
implementing regulations, 40 CFR parts 1500 through 1508 (CEQ 
regulations).

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    To comply with NEPA, agencies determine the appropriate level of 
review--an environmental impact statement (EIS), environmental 
assessment (EA), or CE. 42 U.S.C. 4336. If a proposed action is likely 
to have significant environmental effects, the agency must prepare an 
EIS and document its decision in a record of decision. 42 U.S.C. 4336. 
If the proposed action is not likely to have significant environmental 
effects or the effects are unknown, the agency may instead prepare an 
EA, which involves a more concise analysis and process than an EIS. 42 
U.S.C. 4336. Following the EA, the agency may conclude the process with 
a finding of no significant impact if the analysis shows that the 
action will have no significant effects. If the analysis in the EA 
finds that the action is likely to have significant effects, however, 
then an EIS is required.
    Under NEPA and the CEQ regulations, a Federal agency also can 
establish CEs--categories of actions that the agency has determined 
normally do not significantly affect the quality of the human 
environment--in their agency NEPA procedures. 42 U.S.C. 4336(e)(1); 40 
CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a 
CE covers a proposed action, it then evaluates the proposed action for 
extraordinary circumstances in which a normally excluded action may 
have a significant effect. 40 CFR 1501.4(b). If no extraordinary 
circumstances are present or if further analysis determines that the 
extraordinary circumstances do not involve the potential for 
significant environmental impacts, the agency may apply the CE to the 
proposed action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2), 
40 CFR 1501.4. If the extraordinary circumstances have the potential to 
result in significant effects, the agency is required to prepare an EA 
or EIS.
    Section 109 of NEPA, enacted as part of the Fiscal Responsibility 
Act of 2023, allows a Federal agency to ``adopt'' or use another 
agency's CEs for a category of proposed agency actions. 42 U.S.C. 
4336(c). To use another agency's CEs under section 109, an agency must 
identify the relevant CEs listed in another agency's (``establishing 
agency'') NEPA procedures that cover its category of proposed actions 
or related actions; consult with the establishing agency to ensure that 
the proposed adoption of the CE to a category of actions is 
appropriate; identify to the public the CE that the agency plans to use 
for its proposed actions; and document adoption of the CE. Id. This 
notice documents EPA's adoption of DOE's Electric Vehicle Charging 
Stations CE under section 109 of NEPA to use in EPA's program and 
funding opportunities, including those administered by the EPA Clean 
School Bus Program.

EPA's Program

    The Clean School Bus Program provides funding to eligible entities 
to incentivize and accelerate the replacement of existing school buses 
with clean and zero emissions school buses. Eligible activities include 
the replacement of existing internal-combustion engine school buses 
with electric, propane, or compressed natural gas school buses, as well 
as the purchase of electric vehicle supply equipment (EVSE) (also 
referred to as Electric Vehicle Charging Stations) and EVSE 
installations. Eligible entities include state and local governmental 
entities that provide bus service, including public school districts; 
eligible contractors; nonprofit school transportation associations; 
Indian Tribes, Tribal organizations, or Tribally-controlled schools 
responsible for the purchase, lease, license, or contract for service 
of school buses or for providing school bus service for a Bureau of 
Indian Affairs funded school.

II. Identification of the Categorical Exclusion

DOE's Electric Vehicle Charging Stations CE

    DOE's electric vehicle charging stations CE is codified in DOE's 
NEPA procedures as CE B5.23 of 10 CFR part 1021, subpart D, appendix B, 
as follows:

B5.23 Electric Vehicle Charging Stations

    The installation, modification, operation, and removal of electric 
vehicle charging stations, using commercially available technology, 
within a previously disturbed or developed area. Covered actions are 
limited to areas where access and parking are in accordance with 
applicable requirements (such as local land use and zoning 
requirements) in the proposed project area and would incorporate 
appropriate control technologies and best management practices.
    ``Previously disturbed or developed'' refers to land that has been 
changed such that its functioning ecological processes have been and 
remain altered by human activity. The phrase encompasses areas that 
have been transformed from natural cover to nonnative species or a 
managed state, including, but not limited to, utility and electric 
power transmission corridors and rights-of-way, and other areas where 
active utilities and currently used roads are readily available. 10 CFR 
1021.410(g)(1).
    The DOE CE also includes additional conditions referred to as 
integral elements (10 CFR part 1021 subpt. D, app. B). In order to 
apply this CE, the proposal must be one that would not:
    (1) Threaten a violation of applicable statutory, regulatory, or 
permit requirements for environment, safety, and health, or similar 
requirements of EPA \1\ or Executive Orders;
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    \1\ Modified from 10 CFR part 1021 subpart D, app. B to reflect 
EPA as the adopting agency.
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    (2) Require siting and construction or major expansion of waste 
storage, disposal, recovery, or treatment facilities (including 
incinerators), but the proposal may include categorically excluded 
waste storage, disposal, recovery, or treatment actions or facilities;
    (3) Disturb hazardous substances, pollutants, contaminants, or 
CERCLA excluded petroleum and natural gas products that preexist in the 
environment such that there would be uncontrolled or unpermitted 
releases;
    (4) Have the potential to cause significant impacts on 
environmentally sensitive resources. An environmentally sensitive 
resource is typically a resource that has been identified as needing 
protection through Executive Order, statute, or regulation by Federal, 
state, or local government, or a federally recognized Indian tribe. An 
action may be categorically excluded if, although sensitive resources 
are present, the action would not have the potential to cause 
significant impacts on those resources (such as construction of a 
building with its foundation well above a sole-source aquifer or upland 
surface soil removal on a site that has wetlands). Environmentally 
sensitive resources include, but are not limited to:
    (i) Property (such as sites, buildings, structures, and objects) of 
historic, archeological, or architectural significance designated by a 
Federal, state, or local government, federally recognized Indian tribe, 
or Native Hawaiian organization, or property determined to be eligible 
for listing on the National Register of Historic Places;
    (ii) Federally listed threatened or endangered species or their 
habitat (including critical habitat) or Federally proposed or candidate 
species or their habitat (Endangered Species Act); state listed or 
state-proposed endangered or threatened species or their habitat; 
Federally-protected marine mammals and Essential Fish Habitat (Marine 
Mammal Protection Act; Magnuson-

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Stevens Fishery Conservation and Management Act); and otherwise 
Federally-protected species (such as the Bald and Golden Eagle 
Protection Act or the Migratory Bird Treaty Act);
    (iii) Floodplains and wetlands;
    (iv) Areas having a special designation such as Federally- and 
state designated wilderness areas, national parks, national monuments, 
national natural landmarks, wild and scenic rivers, state and Federal 
wildlife refuges, scenic areas (such as National Scenic and Historic 
Trails or National Scenic Areas), and marine sanctuaries;
    (v) Prime or unique farmland, or other farmland of statewide or 
local importance, as defined at 7 CFR 658.2(a), ``Farmland Protection 
Policy Act: Definitions,'' or its successor;
    (vi) Special sources of water (such as sole-source aquifers, 
wellhead protection areas, and other water sources that are vital in a 
region); and
    (vii) Tundra, coral reefs, or rain forests; or
    (5) Involve genetically engineered organisms, synthetic biology, 
governmentally designated noxious weeds, or invasive species, unless 
the proposed activity would be contained or confined in a manner 
designed and operated to prevent unauthorized release into the 
environment and conducted in accordance with applicable requirements, 
such as those of the Department of Agriculture, EPA, and the National 
Institutes of Health.

Proposed EPA Category of Actions

    EPA intends to apply this categorical exclusion to electric vehicle 
charging station projects undertaken directly by EPA or that are 
financed in whole or in part through Federal funding opportunities, 
including those administered by the EPA Clean School Bus Program. The 
CE allows for the installation, modification, operation, and removal of 
electric vehicle charging stations. EPA will consider each proposal for 
the installation, modification, operation, or removal of electric 
vehicle charging stations to ensure that the proposal is within the 
scope of the CE. EPA intends to apply this CE in a manner consistent 
with DOE's application--to the same types of proposals (which have 
included a wide variety of locations on and off Federal property, 
differences in local conditions, various numbers of electric vehicle 
charging stations per proposal, and different types of equipment and 
technologies including Level 1, Level 2, and DC Fast Charging 
stations).

III. Consideration of Extraordinary Circumstances

    When applying this CE, EPA will evaluate the proposed action to 
ensure evaluation of the integral elements listed above. In addition, 
in considering extraordinary circumstances, EPA will consider whether 
the proposed action has the potential to result in significant effects 
as described in DOE's extraordinary circumstances listed at 10 CFR 
1021.410(b)(2). DOE defines extraordinary circumstances as unique 
situations presented by specific proposals, including, but not limited 
to, scientific controversy about the environmental effects of the 
proposal; uncertain effects or effects involving unique or unknown 
risks; and unresolved conflicts concerning alternative uses of 
available resources.

IV. Consultation With DOE and Determination of Appropriateness

    EPA and DOE consulted on the appropriateness of EPA's adoption of 
the CE in October 2023. EPA and DOE's consultation included a review of 
DOE's experience developing and applying the CE, as well as the types 
of actions for which EPA plans to utilize the CE. These EPA actions are 
very similar to the type of projects for which DOE has applied the CE 
and therefore the impacts of EPA projects will be very similar to the 
impacts of DOE projects, which are not significant, absent the 
existence of extraordinary circumstances. Therefore, EPA has determined 
that its proposed use of the CE as described in this notice is 
appropriate.

V. Notice to the Public and Documentation of Adoption

    This notice serves to identify to the public and document EPA's 
adoption of DOE's CE for electric vehicle charging stations. The notice 
identifies the types of actions to which EPA will apply the CE, as well 
as the considerations that EPA will use in determining whether an 
action is within the scope of the CE.

    Dated: January 11, 2024.
Christine Koester,
Director, Legacy Fleets Incentives and Assessment Branch, Office of 
Transportation and Air Quality.
[FR Doc. 2024-00784 Filed 1-16-24; 8:45 am]
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