[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Notices]
[Pages 55933-55934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14911]


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DEPARTMENT OF DEFENSE

Office of the Secretary


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

AGENCY: Defense Threat Reduction Agency (DTRA), Department of Defense 
(DoD).

ACTION: Notice of adoption of categorical exclusion.

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

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Davis, 703-767-7122, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

National Environmental Policy Act and Categorical Exclusions

    The 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, 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).
    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.
    This notice documents DTRA's adoption of DOE's Electric Vehicle 
Charging Stations CE under section 109 of NEPA to use in DTRA programs 
and funding opportunities administered by DTRA Operating 
Administrations.

II. Identification of the Categorical Exclusion

DOE's EV Charging Stations CE

    DOE's EV charging stations CE is codified in DOE's NEPA procedures 
at 10 CFR part 1021, subpart D, appendix B, B5.23. DOE provides 
clarification on the meaning of the phrase, ``previously disturbed or 
developed'' used in the CE B5.23 at 10 CFR 1021.410(g)(1).
    The DOE CE also includes additional conditions referred to as 
integral elements at 10 CFR part 1021, subpart D, appendix B that 
should be considered in order to apply the CE.

Proposed DTRA Category of Actions

    DTRA intends to apply this CE to any DTRA EV charging station 
project undertaken directly by DTRA, to any EV charger action requiring 
an approval by DTRA, or to any project that is financed in whole or in 
part through Federal funds made available by DTRA (including the 
National Electric Vehicle Infrastructure Formula Program or the 
Charging and Fueling Infrastructure Discretionary Grant Program).
    The CE allows for the installation, modification, operation, and 
removal of EV charging stations. DTRA will consider each proposal for 
EV charging stations to ensure that the proposal is within the scope of 
the CE. DTRA 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 EV 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, DTRA will evaluate the proposals to ensure 
evaluation of integral elements listed in the DOE's NEPA procedures at 
10 CFR part 1021, subpart D, appendix B. In addition, when considering 
extraordinary circumstances, DTRA will consider whether the proposed 
action has the potential to result in significant effects as described 
at 10 CFR 1021.410(b)(2).

IV. Consultation With DOE and Determination of Appropriateness

    DTRA and DOE consulted on the appropriateness of DTRA's adoption of 
the CE on September 26, 2023. DTRA and DOE's consultation included a 
review of DOE's experience developing

[[Page 55934]]

and applying the CE, as well as the types of actions for which DTRA 
plans to utilize the CE. These DTRA actions are very similar to the 
type of projects that DOE funds and therefore the impacts of DTRA 
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, DTRA has 
determined that its proposed use of the CE as described in this notice 
would be appropriate. Additional documentation of DOE and DTRA's 
consultation is available upon request.

V. Notice to the Public and Documentation of Adoption

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

    Dated: July 2, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-14911 Filed 7-5-24; 8:45 am]
BILLING CODE 6001-FR-P