[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29334-29335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08505]



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GENERAL SERVICES ADMINISTRATION

[Notice-PBS-2024-04; Docket No. 2024-0002; Sequence No. 12]


Notice of Adoption of the U.S. Department of Energy's Electric 
Vehicle Charging Stations Categorical Exclusion Pursuant to Section 109 
of the National Environmental Policy Act

AGENCY: Public Buildings Service, U.S. General Services Administration 
(GSA).

ACTION: Notice.

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SUMMARY: GSA is adopting the U.S. Department of Energy's (DOE) electric 
vehicle charging stations categorical exclusion (CATEX) pursuant to 
section 109 of the National Environmental Policy Act (NEPA) to use for 
proposed GSA actions. This notice describes the categories of proposed 
actions for which GSA intends to use DOE's electric vehicle charging 
stations CATEX and details the consultation between the agencies.

DATES: Applicable April 22, 2024.

FOR FURTHER INFORMATION CONTACT: Greg Graybadger, Director, Real 
Property Valuation Division, GSA Public Buildings Service, Office of 
Portfolio Management & Customer Engagement, by phone at 208-863-5969 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

 Background

    NEPA, as amended at 42 U.S.C. 4321-4347, 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. NEPA's twin aims are to ensure that 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).
    To comply with NEPA, agencies determine the appropriate level of 
review--an environmental impact statement (EIS), an environmental 
assessment (EA), or a CATEX. 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 in its NEPA implementing procedures CATEXs, which are 
categories of actions that the agency has determined normally do not 
significantly affect the quality of the human environment. 42 U.S.C. 
4336(e)(1), 1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a 
CATEX 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 CATEX 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 a CATEX listed in another 
agency's NEPA procedures for a category of proposed agency actions. 42 
U.S.C. 4336. To use another agency's CATEXs under Section 109, an 
agency must identify the relevant CATEXs listed in that agency's (the 
``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 CATEX to a category 
of actions is appropriate; identify to the public the CATEX that the 
agency plans to use for its proposed actions; and document adoption of 
the CATEX. 40 CFR 1506.3.
    This notice documents GSA's adoption of DOE's electric vehicle 
charging stations CATEX under section 109 of NEPA.

 Identification of the Categorical Exclusion

DOE's Electric Vehicle Charging Stations CATEX

    DOE's electric vehicle charging stations CATEX is codified in DOE's 
NEPA procedures as CATEX 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 non-native 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 electric vehicle charging stations CATEX also includes 
additional conditions referred to as integral elements. (10 CFR part 
1021) In order to apply this CATEX, 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 GSA or executive orders;
    (2) Require siting and construction or major expansion of waste 
storage, disposal, recovery, or treatment facilities (including 
incinerators), but the proposal may include categorically excluded 
waste storage, disposal, recovery, or treatment actions or facilities;
    (3) Disturb hazardous substances, pollutants, contaminants, or 
CERCLA-excluded petroleum and natural gas products that preexist in the 
environment such that there would be uncontrolled or unpermitted 
releases;
    (4) Have the potential to cause significant impacts on 
environmentally sensitive resources. An environmentally sensitive 
resource is typically a resource that has been identified as needing

[[Page 29335]]

protection through Executive Order, statute, or regulation by Federal, 
State, or local government, or a federally recognized Indian Tribe. An 
action may be categorically excluded if, although sensitive resources 
are present, the action would not have the potential to cause 
significant impacts on those resources (such as construction of a 
building with its foundation well above a sole-source aquifer or upland 
surface soil removal on a site that has wetlands). Environmentally 
sensitive resources include, but are not limited to:
    (i) Property (such as sites, buildings, structures, and objects) of 
historic, archeological, or architectural significance designated by a 
Federal, State, or local government, federally recognized Indian Tribe, 
or Native Hawaiian organization, or property determined to be eligible 
for listing on the National Register of Historic Places;
    (ii) Federally listed threatened or endangered species or their 
habitat (including critical habitat) or federally proposed or candidate 
species or their habitat (Endangered Species Act); State-listed or 
State-proposed endangered or threatened species or their habitat; 
federally protected marine mammals and Essential Fish Habitat (Marine 
Mammal Protection Act; Magnuson-Stevens Fishery Conservation and 
Management Act); and otherwise federally protected species (such as the 
Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act);
    (iii) Floodplains and wetlands;
    (iv) Areas having a special designation such as federally and 
State-designated wilderness areas, national parks, national monuments, 
national natural landmarks, wild and scenic rivers, State and Federal 
wildlife refuges, scenic areas (such as National Scenic and Historic 
Trails or National Scenic Areas), and marine sanctuaries;
    (v) Prime or unique farmland, or other farmland of Statewide or 
local importance, as defined at 7 CFR 658.2(a), ``Farmland Protection 
Policy Act: Definitions,'' or its successor;
    (vi) Special sources of water (such as sole-source aquifers, 
wellhead protection areas, and other water sources that are vital in a 
region); and
    (vii) Tundra, coral reefs, or rain forests; or
    (5) Involve genetically engineered organisms, synthetic biology, 
governmentally designated noxious weeds, or invasive species, unless 
the proposed activity would be contained or confined in a manner 
designed and operated to prevent unauthorized release into the 
environment and conducted in accordance with applicable requirements, 
such as those of the Department of Agriculture, the Environmental 
Protection Agency, and the National Institutes of Health.

Proposed GSA Category of Actions

    DOE's electric vehicle charging stations CATEX allows for the 
installation, modification, operation, and removal of electric vehicle 
charging stations. GSA intends to apply this CATEX to electric vehicle 
charging station projects undertaken directly by GSA, to electric 
vehicle charging station actions requiring an approval by GSA, or to 
electric vehicle charging station projects financed in whole or in part 
through Federal funds made available by GSA.
    GSA will consider each proposal for electric vehicle charging 
stations to ensure that the proposal is within the scope of the CATEX. 
GSA intends to apply this CATEX in a manner consistent with DOE's 
application to the same types of proposals.

 Consideration of Extraordinary Circumstances

    When applying this CATEX, GSA will evaluate the proposed action to 
ensure evaluation of integral elements listed above. In addition, in 
considering extraordinary circumstances, GSA 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.

 Consultation With DOE and Determination of Appropriateness

    GSA and DOE consulted on the appropriateness of GSA's adoption of 
the CATEX in January 2024. This consultation included a review of DOE's 
experience developing and applying the CATEX, as well as the types of 
actions for which GSA plans to utilize the CATEX. Based on this 
consultation and review, GSA has determined that the types of projects 
it intends to undertake to install, operate, modify, or remove electric 
vehicle charging stations are substantially similar to such projects 
for which DOE has applied the CATEX. Accordingly, the impacts of GSA 
projects will be very similar to the impacts of DOE projects, which are 
not significant, absent the existence of extraordinary circumstances 
that could involve potentially significant impacts. Therefore, GSA has 
determined that its proposed use of the electric vehicle charging 
stations CATEX as described in this notice would be appropriate.

 Notice to the Public and Documentation of Adoption

    This notice serves to identify to the public and document GSA's 
adoption of DOE's CATEX for electric vehicle charging stations. The 
notice also identifies the types of actions to which GSA will apply the 
CATEX, as well as the considerations that GSA will use in determining 
whether an action is within the scope of the CATEX. Upon issuance of 
this notice, the adopted electric vehicle charging stations CATEX will 
be available to GSA.

Elliot Doomes,
Commissioner, Public Buildings Service, U.S. General Services 
Administration.
[FR Doc. 2024-08505 Filed 4-19-24; 8:45 am]
BILLING CODE 6820-EY-P