National Environmental Policy Act Implementing Procedures

SUMMARY: The Department of Energy (DOE or the Department) proposes to

amend its existing regulations governing compliance with the National

Environmental Policy Act (NEPA). The proposed amendments are based upon

three years of experience with the existing regulations and are

intended to maintain quality while improving DOE's efficiency in

implementing NEPA requirements by reducing costs and preparation time.

In addition, because DOE's missions, programs, and policies have

evolved in response to changing national priorities since the current

regulations were issued in 1992, corresponding changes in the

Department's NEPA procedures are needed.

The Department is proposing changes in subparts A, C and D of the

existing regulations. Among the proposed changes are various revisions

to the lists of ``typical classes of actions'' (appendices A, B, C, and

D to subpart D), including the addition of new categorical exclusions,

modifications that expand or remove existing categorical exclusions,

and clarifications. Other proposed changes pertain to the DOE

requirement for an implementation plan for each environmental impact

statement and DOE's required content for findings of no significant

impact. DOE also proposes to clarify its public notification

requirements for records of decision.

DATES: Comments must be received by April 5, 1996, to ensure

consideration. Late comments will be considered to the extent

practicable. DOE is not scheduling any public meetings on the proposed

amendments, but will arrange a public meeting if the public expresses

sufficient interest.

ADDRESSES: Comments on the proposed rule should be addressed to Carol

M. Borgstrom, Director, Office of NEPA Policy and Assistance, EH-42,

U.S. Department of Energy, 1000 Independence Avenue SW., Washington,

D.C., 20585-0119. Comments may be hand-delivered to the same address on

workdays between the hours of 8:00 a.m. and 4:30 p.m. Comments may also

be sent by electronic mail to the following internet address:

[email protected].

FOR FURTHER INFORMATION CONTACT: Carol M. Borgstrom, Director, Office

of NEPA Policy and Assistance, at the above address; telephone (202)

586-4600 or leave a message at (800) 472-2756.

SUPPLEMENTARY INFORMATION:

I. Background

The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.) requires that Federal agencies prepare environmental impact

statements for major Federal actions that may ``significantly affect

the quality of the human environment.'' NEPA also created the

President's Council on Environmental Quality, which issued regulations

in 1978 implementing the procedural provisions of NEPA. Among other

requirements, the Council on Environmental Quality NEPA regulations (40

CFR Parts 15001508) require Federal agencies to adopt their own

implementing procedures to supplement the Council's regulations. DOE's

implementing procedures (regulations) are codified at 10 CFR Part 1021.

II. Purpose of the Proposed Amendments

The proposed amendments are intended to maintain quality while

improving the efficiency of DOE's implementation of NEPA by clarifying

and streamlining certain DOE requirements, thereby reducing

implementation costs and time. This approach is consistent with the DOE

Secretarial Policy Statement on NEPA (June 1994), which encourages

actions to streamline the NEPA process and make the process more useful

to decision makers and the public without sacrificing quality. Full

compliance with the letter and spirit of NEPA is an essential priority

for DOE. In addition, DOE's missions, programs, and policies have

evolved in response to changing national priorities since the current

DOE NEPA regulations were issued in 1992, and DOE needs to make

conforming changes in its NEPA regulations.

III. Description of the Proposed Amendments

This section describes and explains the proposed amendments to the

existing DOE NEPA regulations at 10 CFR Part 1021. The proposed changes

reflect DOE's three years of experience with the existing regulations.

DOE has consulted with the Council on Environmental Quality regarding

these proposed amendments to the regulations, in accordance with 40 CFR

1507.3.

A. Proposed Amendments to Subpart A--General

Subpart A contains, among other provisions, the definitions of

terms that are used in the regulations and assigns responsibility for

overall review of DOE NEPA compliance. DOE proposes to remove the

definition of ``EIS Implementation Plan'' in section 1021.104, to be

consistent with a proposed change to subpart C, section 1021.312 that

is explained below. DOE also proposes to update the name and address of

its Office of NEPA Policy and Assistance in section 1021.105.

B. Proposed Amendments to Subpart C--Implementing Procedures

DOE proposes to remove two requirements and clarify a third

requirement in subpart C. DOE proposes to remove the requirements to

(1) prepare an implementation plan for an environmental impact

statement, and (2) summarize an environmental assessment in a finding

of no significant impact. DOE also proposes to modify its procedures

regarding public notice of its records of decision. Each of the

proposed changes is consistent with the Council on Environmental

Quality NEPA regulations. The reasons for these proposed deletions and

modifications are presented below.

Environmental Impact Statement Implementation Plan

The existing DOE NEPA regulations require DOE to prepare an

implementation plan for each environmental impact statement (section

1021.312) to guide the preparation of the environmental impact

statement and to record the results of the scoping process. The plan

must be completed as soon as possible after the close of the public

scoping process, but in any event before issuing the draft

environmental impact statement. A DOE implementation plan must include:

a statement of the planned scope and content of the environmental

impact statement; the purpose and need for action; a description of the

scoping process and the results, including a summary of comments

received and their disposition; target schedules; anticipated

consultations with other agencies; and a disclosure statement (as

required at 40 CFR 1506.5(c)) executed by any contractors assisting in

the preparation of the environmental impact statement. DOE must make

implementation plans (and any revisions) available in public reading

rooms and other appropriate locations for inspection, and provide

copies upon written request. DOE appears to be the

[[Page 6415]]

only Federal agency that requires the preparation of an environmental

impact statement implementation plan.

To simplify the DOE NEPA process, DOE proposes to eliminate the

requirement to prepare an implementation plan for an environmental

impact statement, which would have the effect of making such plans

optional. DOE believes that eliminating the implementation plan

requirement would result in cost and time savings, without meaningfully

reducing public involvement in the DOE environmental impact statement

process.

The requirement to prepare an environmental impact statement

implementation plan has been part of DOE's NEPA procedures since 1979.

Implementation plans can serve useful functions in DOE's environmental

impact statement planning and in documenting public concerns before

issuing the draft environmental impact statement. In practice, however,

implementation plans often have contained more detail than was

originally envisioned, and have diverted resources from the more

important task of preparing the environmental impact statement itself.

With the Department's emphasis on improving its NEPA process by

cutting process time (among other measures put forth in the Secretarial

Policy Statement on NEPA), the formal implementation plan requirements

have in some cases hindered rather than facilitated progress toward the

prompt issuance of an environmental impact statement. Under the

proposed amendment, DOE would continue to encourage its managers to use

brief implementation plans as internal management tools, particularly

for complex or broad proposed actions, but would not require that such

plans be prepared for all environmental impact statements as a matter

of rule. The proposed amendment would not preclude the Department from

implementing, as part of its internal procedures, other options for

environmental impact statement planning.

Elimination of the requirement for an implementation plan would not

diminish the requirement to consider public comments received during

scoping. DOE would continue to conduct public scoping activities before

preparing draft environmental impact statements, and provide

transcripts or notes of the public scoping meetings in public reading

rooms. DOE would fully consider public comments and factor them into

preparation of the draft environmental impact statement as appropriate,

and would execute contractor disclosure statements in accordance with

40 CFR 1506.5(c).

Record of Decision

DOE proposes to revise section 1021.315(c) in two respects

concerning public notification procedures for records of decision.

First, to reduce Federal Register publication costs, DOE proposes to

amend the current requirement to publish all records of decision in the

Federal Register in favor of an option to publish only a notice that

provides a summary of the record of decision and an announcement of the

availability of the full record of decision. Copies of the full record

of decision containing all the information required under the Council

on Environmental Quality's regulations (specifically, 40 CFR 1502.2)

would remain available upon request. Second, DOE proposes to clarify

that, if the decision has been publicized by other means (e.g., press

releases or announcements in local media), DOE need not defer taking

action until its record of decision or the notice has been published in

the Federal Register. This clarification as to when DOE may take an

action does not reflect any change in DOE's current practices, but

simply reduces the chance that the meaning of the current section

1021.315(c) could be misinterpreted.

Finding of No Significant Impact

DOE proposes to remove the current Sec. 1021.322(b)(1) relating to

the requirement that a DOE finding of no significant impact must

summarize the supporting environmental assessment, including a brief

description of the proposed action and alternatives considered,

environmental factors considered, and projected impacts. Instead, on a

case-by-case basis and in accordance with 40 CFR 1508.13, DOE would

either incorporate the environmental assessment by reference into the

finding of no significant impact and attach the environmental

assessment to the finding of no significant impact, or summarize the

environmental assessment in the finding. The elimination of the

requirement for a summary would give DOE flexibility, with potential

for time and cost savings, in preparing findings of no significant

impact.

C. Proposed Amendments to Subpart DTypical Classes of Action

Four appendices to subpart D set forth the classes of DOE actions

that normally would be categorically excluded (appendices A and B),

that normally would require preparation of an environmental assessment

but not necessarily an environmental impact statement (appendix C), and

that normally would require preparation of an environmental impact

statement (appendix D). A categorical exclusion is defined as a

category of actions that do not individually or cumulatively have a

significant effect on the human environment and for which, therefore,

neither an environmental assessment nor environmental impact statement

is required.

Proposed changes in appendices A through D of subpart D are

intended to adjust normal levels of DOE's NEPA review and to add,

modify (expand or remove), and clarify classes of actions based on DOE

experience under the existing regulations. In considering the proposed

revisions, reviewers should bear in mind that listing a class of

actions in these appendices does not constitute a conclusive

determination regarding the appropriate level of NEPA review for a

proposed action. Rather, the listing creates a presumption that the

defined level of review is appropriate for the listed actions. As

indicated in Sec. 1021.400(c), that presumption does not apply when

there are extraordinary circumstances related to the proposed action

that may affect the significance of the environmental effects of the

action.

The following conversion table shows the relation of listings in

the existing Appendices to the proposed revisions. The conversion table

shows whether listings have been modified, clarified, removed, or

added. The numbering of some categorical exclusions would change due to

the deletion or consolidation of existing categorical exclusions and,

in one case, the division of one current categorical exclusion into two

separate exclusions. The numbers of deleted categorical exclusions

would be reused. Any existing categorical exclusions not listed are not

affected by any proposed changes.

Conversion Table

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

Existing Proposed

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

A.7............................. A.7............... Clarified.

B1.3............................ B1.3.............. Clarified.

B1.8............................ B1.8.............. Modified.

B1.13........................... B1.13............. Modified.

B1.15........................... B1.15............. Modified.

B1.18........................... B1.18............. Modified.

B1.21........................... B1.21............. Modified.

B1.22........................... B1.22 & B1.23..... Clarified.

B1.24-B1.33....... Added.

B2.6.............. Added.

B3.1............................ B3.1.............. Clarified.

B3.3............................ B3.3.............. Clarified.

B3.6............................ B3.6.............. Modified.

B3.10........................... B3.6.............. Modified.

B3.10............. Added.

B3.12-B3.13....... Added.

B4.1............................ B4.1.............. Modified.

[[Page 6416]]

B4.2............................ B4.2.............. Modified.

B4.3............................ B4.3.............. Modified.

B4.6............................ B4.6.............. Clarified.

B4.10-B4.13..................... B4.10-B4.13....... Modified.

B5.3............................ B5.3.............. Modified.

B5.5............................ B5.5.............. Modified.

B5.9-B5.11...................... B5.9-B5.11........ Clarified.

B5.12-B5.16..................... .................. Removed.

B5.12............. Added.

B6.1............................ B6.1.............. Modified.

B6.4............................ .................. Removed.

B6.4.............. Added.

B6.5............................ B6.5.............. Clarified.

B6.9.............. Added.

C1.............................. C1................ Reserved.

C4.............................. C4................ Modified.

C7.............................. C7................ Modified.

C9.............................. C9................ Modified.

C10............................. C10............... Reserved.

C11............................. C11............... Modified.

C14............................. C14............... Modified.

C16............................. C16............... Modified.

D1.............................. D1................ Modified.

D7.............................. D7................ Modified.

D10............................. D10............... Modified.

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

Most of the proposed changes in appendices A through D relate to

categorical exclusions. Reviewers should evaluate these proposed

changes in the full context of the DOE regulations for categorical

exclusions. Under the regulations, before a proposed action may be

categorically excluded, DOE must determine in accordance with

Sec. 1021.410(b) that: (1) The proposed action fits within a class of

actions listed in appendix A or B to subpart D, (2) there are no

extraordinary circumstances related to the proposal that may affect the

significance of the environmental effects of the action, and (3) there

are no connected or related actions with cumulatively significant

impacts and, as appropriate, the proposed action is a permissible

interim action. In addition, to fit within a class of actions that is

normally categorically excluded, a proposed action must include certain

conditions as integral elements (appendix B, paragraphs B(1) through

(4)). Briefly, these conditions ensure that an excluded action will

not: Threaten violation of applicable requirements, require siting and

construction of waste management facilities, disturb hazardous

substances such that there would be uncontrolled or unpermitted

releases, or adversely affect environmentally sensitive resources.

DOE believes that the proposed amendments to appendices A and B

constitute classes of action that do not individually or cumulatively

have a significant effect on the human environment. After DOE considers

public comments on the proposals, any such final categorical exclusions

that are codified in the NEPA regulations would be covered by a finding

to that effect in section 1021.410(a).

Classes of Actions Listed in Appendix A

The only proposed amendment to appendix A is a clarification of

paragraph A7.

Proposed Clarification A7--Transfer of property, use

unchanged.

DOE is proposing to clarify the meaning of ``property'' in

paragraph A7 by explicitly including both personal property (e.g.,

equipment and materials) and real property (e.g., permanent structures

and land), and to clarify that the intent has always been that the

impacts would remain essentially the same after the transfer.

Classes of Actions Listed in Appendix B

The proposed amendments to appendix B are of three types: (1) New

categorical exclusions, (2) modifications (expansion or removal) of

categorical exclusions, and (3) clarifications of categorical

exclusions.

(1) New Categorical Exclusions

Seventeen new categorical exclusions are proposed for sections B1,

B2, B3, B5, and B6, as described below. In three cases, the number

designating a current categorical exclusion (B3.10, B5.12, and B6.4) is

used for a proposed categorical exclusion. The current B3.10 would be

incorporated into proposed B3.6. The current B5.12 and B6.4 would be

replaced with new categorical exclusions.

Proposed B1.24--Transfer of property/residential,

commercial, industrial use.

This proposed categorical exclusion applies to the transfer, lease,

disposition, or acquisition of interests in uncontaminated facilities

(and accompanying land); that is, the facilities and accompanying land

do not contain contaminants at a level or in a form that would pose a

threat to public health or the environment. Unlike under categorical

exclusion A7, the use of the facilities may change, but the new use

must result in generally similar environmental impacts and must not

result in greater environmental discharges. That is, there may not be

decreases in quality, or increases in the volumes, concentrations, or

discharge rates of wastes, air emissions, or water effluents compared

to those before the transfer, lease, disposition, or acquisition of

interests. Based on DOE's experience, these types of actions normally

would not have the potential for significant impact.

Proposed B1.25--Transfer of property/habitat preservation,

wildlife management.

This proposed categorical exclusion applies to the transfer, lease,

disposition, or acquisition of interests in uncontaminated land for

habitat preservation or wildlife management. DOE has engaged in many

habitat preservation and wildlife management actions. In DOE's

judgment, these types of actions normally would not have the potential

for significant impact. Any action that would change the habitat would

be subject to NEPA analysis.

Proposed B1.26--Siting/construction/operation/

decommissioning of small water treatment facilities, generally less

than 250,000 gallons per day capacity.

This proposed categorical exclusion applies to small wastewater,

potable water, surface water, and sewage treatment facilities that

generally do not exceed 250,000 gallons per day capacity. DOE's

experience with siting and construction (including expansion,

modification and replacement) of small-scale water treatment projects

shows that they are often associated with environmental improvements at

DOE sites and that they normally have no potential for significant

impacts. The Department is also proposing to categorically exclude

temporary groundwater contaminant containment measures that could

include the small-scale construction of water treatment facilities

(proposed paragraph B6.9).

Proposed B1.27--Facility deactivation.

This proposed categorical exclusion applies to facility

deactivation, specifically the disconnection of utilities such as

water, steam, telecommunications, and electrical power. DOE has

extensive experience in facility deactivation and believes that such

activities normally do not have the potential for significant impact.

Proposed B1.28--Minor activities to place a facility in an

environmentally safe condition, no proposed uses.

This proposed categorical exclusion applies to minor activities

that are required to place a facility in an environmentally safe

condition where there is no proposed use for the facility. These

activities would include, but are not limited to, reducing surface

contamination and removing materials, equipment or waste, such as final

defueling of a reactor, where there are adequate existing facilities

for treatment, storage, or disposal of the materials. These activities

would not include conditioning, treatment or processing of spent

nuclear fuel, high-level waste, or special nuclear materials.

[[Page 6417]]

DOE's experience with such environmentally beneficial activities

indicates that the activities normally do not pose a potential for

significant environmental impact.

Proposed B1.29--Siting/construction/operation/

decommissioning of onsite disposal facility for construction and

demolition waste.

This proposed categorical exclusion applies to establishing and

operating a small (generally less than 10-acre) disposal site for

uncontaminated construction and demolition waste as defined in the

Environmental Protection Agency's regulations under the Resource

Conservation and Recovery Act at 40 CFR 243.101. In DOE's experience

and judgment, small-scale disposal of such materials normally would

pose no potential for significant impacts.

Proposed B1.30--Transfer actions.

This proposed categorical exclusion applies to transfer actions, in

which materials, equipment, or wastes are moved to a new location. The

categorical exclusion would apply to actions in which transportation is

the predominant proposed activity and the amount and type of relocated

materials, equipment, or waste is incidental to the amount of that

material, equipment, or waste that is already a part of operations at

the receiving site. The transfers that would be categorically excluded

are not regularly scheduled as part of routine operations, and could

include, for example, moving a few drums of waste to an authorized

disposal facility, or moving replacement equipment or supplies. DOE's

experience indicates that transportation activities under DOE's

standard practices pose no potential for significant impacts.

Proposed B1.31--Relocation/operation of machinery and

equipment.

The proposed categorical exclusion applies to the relocation and

subsequent operation of machinery and equipment including, but not

limited to, analytical laboratory apparatus, electronic hardware,

maintenance equipment, and health and safety equipment, where use of

the relocated items is similar to their former use, and consistent with

the missions of the receiving facility. In DOE's experience, there is

no material change in the environmental status quo and no potential for

significant impact from use of relocated machinery and equipment.

Proposed B1.32--Restoration, creation, or enhancement of

small wetlands.

The proposed categorical exclusion applies to the restoration,

creation, or enhancement of small wetlands, but only when the action

does not adversely affect any other environmental resources. In

addition, the Department would coordinate the action with cognizant

Federal and State regulators to assure compliance with other land use

plans and to benefit from their advice. In DOE's judgment, the

restoration, creation, or enhancement of a small wetland as described,

which is normally considered to be an environmentally beneficial

measure, is inherently unlikely to pose the potential for significant

environmental impact. (Also see the proposed modification to C9 below.)

Proposed B1.33--Traffic flow adjustments, existing roads.

This proposed categorical exclusion applies to traffic flow

adjustments on existing roads at DOE sites, such as installation of

stop signs or traffic lights and changes in traffic direction (e.g.,

changing a two-way street to a one-way street.) Such an action normally

would not pose the potential for significant environmental impacts.

Proposed B2.6--Packaging/transportation/storage of

radioactive sources upon request by the Nuclear Regulatory Commission

or other cognizant agency.

This proposed categorical exclusion applies to the exercise of

DOE's responsibilities under the Atomic Energy Act relating to certain

requests by the Nuclear Regulatory Commission or other cognizant

agencies in the interest of protecting the public from exposure to

radiation. For example, on occasion, the Nuclear Regulatory Commission

has requested that DOE retrieve discrete radioactive sources from a

Commission-licensed private person or company that would not or could

not safely manage the material. The categorical exclusion applies to

all types of radioactive materials that the Nuclear Regulatory

Commission categorically excludes for possession and use by its

licensees. DOE believes that for radioactive materials that the Nuclear

Regulatory Commission has determined not to require an environmental

assessment or environmental impact statement for its licensees'

possession and use, DOE's packaging, transportation, and storage of

such materials also may normally be categorically excluded. DOE's

experience with discrete radioactive sources in responding to Nuclear

Regulatory Commission requests clearly supports this conclusion.

Proposed B3.10--Siting/construction/operation/

decommissioning of particle accelerators, including electron beam

accelerators, primary beam energy generally less than 100 MeV.

The proposed categorical exclusion applies to siting, construction,

operation, and decommissioning of particle accelerators with primary

beam energy generally less than 100 MeV that would be used for research

and medical purposes. DOE's experience indicates that construction and

operation (or modification) and subsequent decommissioning of such

devices normally pose no potential for significant environmental

impacts. The categorical exclusion also applies to internal

modifications of any accelerators regardless of energy that do not

increase primary beam energy or current. Experience has shown that

internal modifications to accelerators of any size that do not increase

primary beam energy or current pose no potential for significant

impacts.

Proposed B3.12--Siting/construction/operation/

decommissioning of microbiological and biomedical facilities.

DOE has performed numerous analyses of the environmental impacts of

the siting, construction, operation, and any necessary decommissioning

of microbiological and biomedical diagnostic, treatment and research

facilities within or contiguous to an already developed area and has

found that such activities normally pose no potential for significant

environmental impacts. These laboratories generally do not handle

extremely dangerous materials. More generally, laboratories that are

rated Biosafety Level-1 or Biosafety Level-2 (reference: Biosafety in

Microbiological and Biomedical Laboratories, 3rd Edition, May 1993,

U.S. Department of Health and Human Services Public Health Service,

Centers of Disease Control and Prevention, and the National Institutes

of Health; (HHS Publication No. (CDC) 93-8395)) would similarly not

pose potential for significant environmental impacts.

Proposed B3.13--Magnetic fusion experiments, no tritium

fuel use.

The proposed categorical exclusion applies to magnetic fusion

experiments performed at existing facilities that do not use tritium as

fuel, including necessary modifications to the facilities. Analysis of

environmental impacts of several such experimental regimens indicates

that they normally pose no potential for significant environmental

impacts.

Proposed B5.12--Workover of existing oil/gas/geothermal

well.

The proposed categorical exclusion applies to workover (operations

to restore production, such as deepening, plugging back, pulling and

resetting

[[Page 6418]]

lines, and squeeze cementing) of all types of oil, gas, and geothermal

wells where the work would be conducted on the existing wellpad and

would not disturb adjacent habitat. DOE's experience is that such

actions do not pose the potential for significant environmental

impacts.

Proposed B6.4--Siting/construction/operation/

decommissioning of small waste storage facilities (not high-level

radioactive waste, spent nuclear fuel).

This proposed categorical exclusion applies to siting, construction

(or modification), operation and decommissioning of small onsite

storage facilities for waste, other than high-level radioactive waste,

that is generated onsite or results from activities connected to site

operation. The categorical exclusion would not apply to storage of

spent nuclear fuel. This categorical exclusion would apply to small

facilities, generally up to 50,000 square feet in area, within or

contiguous to an already developed area. DOE's evaluations of many such

facilities show that they normally pose no potential for significant

environmental impacts.

Proposed B6.9--Small-scale temporary measures to reduce

migration of contaminated groundwater.

This proposed categorical exclusion reflects DOE's experience with

many small-scale temporary construction actions to reduce the migration

of contaminated groundwater, by such means as pumping, treating,

storing, and reinjecting water and installing underground barriers. DOE

has found that these actions normally have very local and

environmentally beneficial effects and pose no potential for

significant environmental impacts. The Department is also proposing to

categorically exclude the siting, construction, and operation of small

water treatment facilities (proposed B1.26).

(2) Modification (Expansion or Removal) of Categorical Exclusions

Proposed modifications to integral elements B(1), B(2) and

B(4)(iii) and sections B1, B3, B4, B5, and B6 include 2 modifications

to integral elements, expansion of 16 categorical exclusions, and

removal of 6 categorical exclusions.

Proposed Modification B(1).

DOE proposes to add Executive Orders to integral element B(1) for

completeness.

Proposed Modification B(2).

The integral element B(2), which sets the condition that a

categorically excluded action may not require siting, construction, or

major expansion of waste storage, disposal, recovery, or treatment

facilities, would be modified to provide an exception for such actions

that are themselves categorically excluded. Such actions proposed in

this rulemaking include certain water treatment and waste storage

facilities. (See discussions above for proposed B1.26, B1.29, B6.4, and

B6.9).

Proposed Modification B(4)(iii).

Floodplains and wetlands are listed as an example of

environmentally sensitive resources in integral element B(4)(iii). DOE

proposes to revise this example to apply to wetlands determined by

using the methodology that the U.S. Army Corps of Engineers applies in

implementing section 404 of the Clean Water Act, except that it will

not apply to wetlands affected by proposed actions covered by a general

permit under 33 CFR Part 330. However, one such general permit, #23,

covers ``Approved Categorical Exclusions''. It is not appropriate to

use general permit #23 to avoid applying the integral element for DOE

categorical exclusions.

Proposed Modification B1.8--Modifications to screened

water intake/outflow structures.

The proposed modification would expand the original categorical

exclusion to include outflow structures. In DOE's experience, modifying

outflow structures, such that water effluent quality and volumes are

consistent with existing permit limits, normally has no potential for

significant impact.

Proposed Modification B1.13--Construction/acquisition/

relocation of onsite pathways, spur or access roads/ railroads.

The proposed modification would expand the original categorical

exclusion that applies to acquisition or minor relocation of access

roads to include construction of onsite pathways and onsite spur or

access roads and railroads. Such an action would not affect general

traffic or rail patterns and, in view of the conditions that are

integral elements of the categorical exclusion, such an action normally

would not pose the potential for significant environmental impacts.

Proposed Modification B1.15--Siting/construction/operation

of support buildings/support structures.

The proposed modification would no longer restrict this categorical

exclusion to ``small-scale'' support structures. DOE has found that

significant environmental impacts would not normally occur when DOE

support structures of any size are constructed ``within or contiguous

to an already developed area.''

Proposed Modification B1.18--Siting/construction/operation

of additional/replacement water supply wells.

The proposed modification would expand the original categorical

exclusion to include modifications of an existing water supply well to

restore production. The impact of modifying an existing water supply

well to restore production is equivalent to or less than that of

developing additional or replacement water supply wells. DOE's

experience is that such actions, meeting the conditions set forth in

the categorical exclusion, normally have no potential for significant

impact.

Proposed Modification B1.21--Noise abatement.

The proposed modification would remove the restriction that the

existing categorical exclusion applies to only ``minor'' noise

abatement measures. Based on DOE's experience, noise abatement measures

normally would not have a significant environmental impact.

Proposed Modification B3.6--Siting/construction/operation/

decommissioning of facilities for bench-scale research, conventional

laboratory operations, small-scale research and development and pilot

projects.

The proposed modification would combine the current paragraphs B3.6

(Indoor bench-scale research projects/conventional laboratory

operation) and B3.10 (Small-scale research and development/small-scale

pilot projects, at existing facility, preceding demonstration) and

expand the scope to include siting, construction, operation, and

decommissioning of the facilities in which the research activities

would occur. The construction of facilities for the types of research

activities addressed normally would not cause any significant

environmental effects as long as the integral elements were met and

construction occurred within or contiguous to an already developed

area.

Proposed Modification B4.1--Contracts/marketing plans/

policies for excess electric power.

The proposed modification, which applies to power marketing

administrations, would emphasize limits based on the characteristics of

a project rather than the duration of a contract or other agreement.

The existing categorical exclusion indirectly limits the potential

impacts in part by restricting its application to contracts and other

agreements that do not exceed 5 years duration. DOE's project

evaluation experience has shown that the potential for environmental

impacts is more directly related to market responses, such as changes

in generation resources, transmission

[[Page 6419]]

systems, and operating limits than to the duration of contracts,

policies, marketing plans, or allocations of power. This proposed

modification is related to proposed modifications for C7 and D7,

discussed below.

Proposed Modification B4.2--Export of electric energy.

The proposed expansion would allow DOE to issue permits for the

export of electric energy over existing transmission systems or by

changing a system in ways that are themselves categorically excluded.

Such changes may typically be needed to connect two systems and would

involve constructing short segments (generally less than a mile long)

of powerline and a substation.

Proposed Modification B4.3--Electric power marketing rate

changes.

The proposed modification would change the method for determining

categorically excluded rate changes. The limits in the modified

categorical exclusion focus directly on the power system activities,

rather than indirectly on economics. The existing categorical exclusion

applies to rate changes that do not exceed inflation. The proposed

modification would instead categorically exclude rate changes in which

the operations of generation projects would remain within normal

operating limits.

Proposed Modification B4.10--Deactivation, dismantling and

removal of electric powerlines and substations.

The proposed modification would categorically exclude dismantling

of substations, switching stations, and other transmission facilities,

the construction of which is already categorically excluded. The

modification also would categorically exclude the dismantling of all

electric powerlines (i.e., both tap lines and transmission lines),

because the impacts of removing various types of powerlines are

essentially the same. The proposed modification would clarify

categorically excludable actions by including deactivation (i.e.,

shutting off power flowing through existing electric powerlines).

Proposed Modification B4.11--Construction or modification

of electric power substations.

The proposed changes would expand categorically excluded

modification activities to substations of any voltage, provided that

the modification does not increase the existing voltage. DOE has found

that such modifications normally do not have potential for significant

environmental impacts. The proposed changes also would categorically

exclude new electric powerline construction of generally less than 10

miles or relocation of generally less than 20 miles of existing

electric powerlines to conform with the proposed modification to B4.12

and B4.13, as discussed below.

Proposed Modification B4.12--Construction of electric

powerlines (generally less than 10 miles in length), not integrating

major new sources.

The existing categorical exclusion applies to construction and

operation only of tap lines. DOE has found that the physical impacts of

constructing and operating short segments (generally less than 10 miles

in length) of all powerlines are similar and normally are

environmentally insignificant when the integral elements are met.

Proposed Modification B4.13--Reconstruction and minor

relocation of existing electric powerlines (generally less than 20

miles in length).

The proposed modification would increase the length of powerlines

that can be categorically excluded from 10 miles, as indicated in the

existing categorical exclusion, to 20 miles. The categorical exclusion

would also include reconstruction within existing corridors. Based on

DOE's experience, there is no potential for significant impact when the

integral elements are met. Most relocations are proposed to mitigate

existing impacts and improve existing environmental conditions. This

amendment would require a conforming revision of C4 (discussed below).

Proposed Modification B5.3--Modification (not expansion)/

abandonment of oil storage access/brine injection/gas/geothermal wells,

not part of site closure.

The proposed modification would add gas wells to those wells for

which modifications may be categorically excluded. Gas resources

normally occur in conjunction with oil resources, and the existing

categorical exclusion effectively already applies to gas wells. In

general, the environmental impacts of modifying gas wells should be no

more than the impacts of modifying other types of wells.

Proposed Modification B5.5--Construction/operation of

short crude oil/gas/steam/geothermal pipeline segments.

The proposed modification adds natural gas and steam pipelines to

those pipelines that may be constructed and operated between facilities

within a single industrial complex within existing rights of way. These

kinds of actions are minor when they are consistent with the conditions

(integral elements) of the categorical exclusion. The proposed

modification also removes the characterization of the connected

facilities as ``crude oil'' facilities or ``geothermal'' facilities

because potential impacts of constructing and operating connecting

pipeline segments are independent of the end point facilities. In

addition, the term ``offsite'' would be deleted to clarify that the

action includes construction and operation of onsite pipelines as

connectors to the offsite segments, as DOE originally intended.

Proposed Modifications (Removals).

B5.12--Permanent exemption for new peakload powerplant.

B5.13--Permanent exemption for emergency operations.

B5.14--Permanent exemption for meeting scheduled equipment

outages.

B5.15--Permanent exemption due to lack of alternative fuel

supply.

B5.16--Permanent exemption for new cogeneration powerplant.

The Powerplant and Industrial Fuel Use Act of 1978 was enacted to

preserve oil and gas for certain uses for which alternative fuels could

not easily be substituted, to increase use of domestic oil reserves,

and to reduce the nation's dependence on imported oil. In order to

achieve these goals, the act prohibited the use of oil and gas as

primary fuels in new electric power plants and major fuel burning

installations, required that new powerplants be constructed so as to be

capable of burning coal, and required the conversion of existing

powerplants to coal or another alternative to oil and gas fuel by 1990.

The statute was amended in 1987 because its impact on fuel choices by

both existing and new facilities was less significant than originally

expected and because significant reductions in utility and industrial

consumption of oil and gas had been achieved. The purpose of the 1987

amendments was, among other things, to repeal the prohibition on the

use of oil and natural gas as primary fuels for electric powerplants

and major fuel burning installations.

Categorical exclusions B5.12, B5.13, and B5.16 are proposed for

removal because the Powerplant and Industrial Fuel Use Act of 1978 now

only applies to base load power plants. Therefore, the Act is not

applicable to powerplants for peak-load and emergency purposes, or to

cogeneration powerplants.

Categorical exclusions B5.14 and B5.15 are proposed for removal

because they relate only to major fuel-burning facilities, which are no

longer covered by the Powerplant and Industrial Fuel Use Act of 1978.

Proposed Modification B6.1--Small-scale, short-term

cleanup actions under RCRA, Atomic Energy Act, or other authorities.

The proposed revision to B6.1 would delete the current reference to

``removal

[[Page 6420]]

actions under CERCLA'' and would no longer define the scope of

excludable actions in terms of the regulatory cost and time limits for

CERCLA removal actions (currently $2 million and 12 months from the

time action begins onsite, unless regulatory exemptions are satisfied).

Under the Secretarial Policy Statement on NEPA, DOE is generally

relying on the CERCLA process (rather than the NEPA process) for review

of actions to be taken under CERCLA. The focus of the current paragraph

B6.1 on CERCLA removal activities is somewhat confusing in the context

of the Secretarial Policy Statement.

Notwithstanding the general approach of relying generally on the

CERCLA process for environmental review of CERCLA actions, there may be

specific instances in which DOE will choose, after consultation with

stakeholders and as a matter of policy, to integrate the NEPA and

CERCLA processes. The proposed revised paragraph B6.1 is broad enough

to categorically exclude small-scale CERCLA actions as well as similar

actions performed under RCRA, the Atomic Energy Act, or other

authorities.

Although the regulatory cost and time limits for CERCLA removal

actions apply only to fund-financed removals and therefore do not apply

to DOE and other Federal agencies that undertake a removal action using

the authority delegated to Heads of Federal Agencies by Executive Order

12580, DOE has used the limits as a benchmark for the time and cost of

the cleanup actions it normally may categorically exclude. DOE has

found, however, that cleanup actions that pose no potential for

significant environmental impact often cost more and take more time to

complete. Thus, DOE proposes to expand the limits of the categorical

exclusion to actions generally costing up to $5 million over as many as

5 years.

The proposed revision to example B6.1(b) would clarify that the

designation of hazardous waste may be based on Environmental Protection

Agency regulations (as already indicated in the example) or applicable

state requirements. The proposed revision to example B6.1(j) would

clarify that segregation of wastes may be categorically excluded when

DOE believes, but may not be certain, that the wastes, if not

segregated, might react or form a mixture that could result in adverse

environmental impacts.

Proposed Modification (Removal) B6.4--Siting/construction/

operation/decommissioning of facility for storing packaged hazardous

waste for 90 days or less.

The current categorical exclusion B6.4 is proposed for removal

because a more general categorical exclusion for waste storage is

proposed (discussed above) that would encompass the activities to which

the current B6.4 now applies. DOE believes the scope of the proposed

more general categorical exclusion is too broad to be considered a

modification of the current B6.4. The proposed waste storage

categorical exclusion, however, would also be designated B6.4.

(3) Clarifications of Existing Categorical Exclusions

DOE is proposing certain clarifications to 9 categorical exclusions

in sections B1, B3, B4, B5 and B6. To clarify the scope of one

categorical exclusion (i.e., B1.22), DOE proposes to divide it into two

separate categorical exclusions.

Proposed Clarification B1.3--Routine maintenance/custodial

services for buildings, structures, infrastructures, equipment.

The proposed revisions would clarify the existing B1.3 by providing

additional description of the types of areas and improvements (e.g.,

rights-of-way, pathways, and railroads) and activities (e.g., localized

vegetation and pest control) to which the categorical exclusion

applies. A sentence would be added to clarify ``in-kind replacement,''

acknowledging that some equipment in older facilities cannot literally

be replaced in kind because the equipment is no longer made. A revision

to the example B1.3(n) would clarify that this categorical exclusion

applies to certain other facility components, such as monitoring wells,

lysimeters, weather stations, and flumes. A revision to the example

B1.3(o) would clarify that DOE considers all routine surface

decontamination, not just ``spot'' decontamination, as routine

maintenance.

Proposed Clarification

B1.22--Relocation of buildings.

B1.23--Demolition/disposal of buildings.

DOE proposes to divide the existing B1.22 (Relocation/demolition/

disposal of buildings) into two categorical exclusions to clarify that

the two actions included in the existing class of action (building

relocations and building demolition and subsequent disposal) are not

connected actions.

Proposed Clarification B3.1--Site characterization/

environmental monitoring.

The proposed revision would clarify that this categorical exclusion

applies to site characterization and monitoring activities that occur

both onsite and off-site, and includes associated small-scale

laboratory buildings and modification of characterization and

monitoring devices.

Proposed Clarification B3.3--Research related to

conservation of fish and wildlife.

The proposed revision would clarify that this categorical exclusion

includes both field and laboratory research.

Proposed Clarification B4.6--Additions/modifications to

electric power transmission facilities within previously developed

area.

The proposed revision would clarify the existing B4.6 by providing

additional examples of transmission facility projects (e.g., switchyard

grounding upgrades, secondary containment projects, paving projects,

and seismic upgrades) to which this categorical exclusion applies.

Proposed Clarifications

B5.9--Temporary exemption for any electric powerplant.

B5.10--Certain permanent exemptions for any existing electric

powerplant.

B5.11--Permanent exemption for mixed natural gas and petroleum.

The proposed clarifications of B5.9, B5.10, and B5.11 would remove

references to ``major fuel-burning installation'' in order to make

these categorical exclusions consistent with the Powerplant and

Industrial Fuel Act of 1978, which no longer applies to ``major fuel-

burning installations.'' (See discussion above under Proposed

Modifications, B5.12 through B5.16.)

Proposed Clarification B6.5--Siting/construction/

operation/decommissioning of facility for characterizing/sorting

packaged waste, overpacking waste (not high-level radioactive waste,

spent nuclear fuel).

For internal consistency, a reference to B6.4 and B6.6 would be

added to this categorical exclusion.

Appendix C

The Department is proposing to amend eight classes of action in

appendix C, classes of actions that normally require environmental

assessments but not necessarily environmental impact statements,

primarily to ensure consistency with changes made to appendix B.

Proposed Modification (Removal) C1--Major projects.

This class of actions is proposed for removal because DOE no longer

uses the designation of ``Major Project'' in its project management

system and has not replaced that designation with a comparable term.

Proposed Modification C4--Upgrading and constructing

electric powerlines.

[[Page 6421]]

This revision would be a conforming change necessitated by the

proposed change to B4.13, discussed above.

Proposed Modification C7--Allocation of electric power, no

major new generation resource/major changes in operation of generation

resources/major new loads.

The proposed modification reflects DOE's project evaluation

experience, which has shown that the potential for environmental

impacts is more directly related to market responses, such as changes

in generation resources, transmission systems, and operating limits,

than to the duration of contracts, policies, marketing plans, or

allocations of power. This revision also would clarify that this class

of action applies not only to DOE power marketing operations but also

to other DOE activities as well, and that the impacts of taking the

action are independent of the administrative method by which the

arrangements are made (e.g., contract, policy, plan, or funding) and of

site ownership (e.g., DOE or other). This class of action is related to

proposed modification of B4.1 (discussed above) and D7 (discussed

below).

Proposed Modification C9--Restoration, creation, or

enhancement of large wetlands.

This proposed revision would conform to proposed B1.32 as discussed

above, under which small-scale wetlands projects that do not affect

other environmental resources would be categorically excluded.

Proposed Modification (Removal) C10--Siting/construction/

operation/decommissioning of synchrotron radiation accelerator

facility.

Proposed Modification C11--Siting/construction/operation/

decommissioning of low- or medium-energy particle acceleration facility

with primary beam energy generally greater than 100 MeV.

This revision would be a conforming change to make C11 consistent

with the proposed categorical exclusion B3.10, as discussed above, and

would consolidate C10 and C11 for clarity.

Proposed Modification C14--Siting/construction/operation

of water treatment facilities generally greater than 250,000 gallons

per day capacity.

This proposed revision would be a conforming change to make C14

consistent with the proposed categorical exclusion B1.26. Construction

and operation of small facilities, those with capacity generally less

than 250,000 gallons per day, normally would be categorically excluded;

larger facilities normally would need at least an environmental

assessment level of review.

Proposed Modification C16--Siting/construction/operation/

decommissioning of large waste storage facilities (not high-level

radioactive waste, spent nuclear fuel).

This proposed revision would be a conforming change to make C16

consistent with the proposed categorical exclusion B6.4 and to clarify

the meaning of the term onsite.

Appendix D

The Department is proposing to amend three classes of action in

appendix D, classes of actions that normally require an environmental

impact statement, as described below.

Proposed Modification D1--Strategic systems.

This class of actions is revised to reflect changes in DOE's

project management system. DOE has replaced the designation ``Major

Systems Acquisition'' with ``Strategic System'' to describe a project

that is a single, stand-alone effort within a program mission area and

is regarded by the Department as a primary means to advance the

Department's strategic goals. Strategic Systems are designated by the

Secretary based on cost, risk factors, international implications,

stakeholder interest, or national security.

Proposed Modification D7--Allocation of electric power,

major new generation resources/major changes in operation of power

generation resources/major loads.

The proposed modification reflects DOE's project evaluation

experience, which has shown that the potential for environmental

impacts is more directly related to market responses, such as changes

in generation resources, transmission systems, and operating limits

than to the duration of contracts, policies, marketing plans, or

allocations of power. The proposed revision also would clarify that

this class of action applies not only to DOE power marketing operations

but to other DOE activities as well, and that the impacts of taking

that action are independent of the administrative method by which the

arrangements are made (e.g., contract, policy, plan, or funding) and of

site ownership (e.g., DOE or other). This class of action is related to

proposed modifications of B4.1 and C7, discussed above.

Proposed Modification D10--Siting/construction/operation/

decommissioning of major treatment, storage, and disposal facilities

for high-level waste and spent nuclear fuel.

The current paragraph D10 includes certain activities regarding

spent nuclear fuel storage facilities within the scope of actions that

normally require an environmental impact statement. Under the proposed

modification, DOE would not presume that an EIS is the appropriate

level of NEPA review for siting, constructing, operating and

decommissioning replacement storage facilities or upgrading storage

facilities for spent nuclear fuel. DOE proposals for siting,

constructing, operating and decommissioning (or upgrading) spent

nuclear fuel storage facilities have varied too widely to support a

general conclusion that such proposals normally require an

environmental impact statement or normally require an environmental

assessment. For example, DOE proposals may range from major new

facilities that would store most of the nation's commercial spent

nuclear fuel (for which an environmental impact statement clearly would

be appropriate), to minor new facilities or upgrades for storing very

much smaller quantities of spent fuel that are already in storage at

several DOE sites. In addition, this modification is appropriate in

light of substantial DOE analyses and experience that show that, even

when considered in conjunction with other nuclear-related activities at

DOE sites, the environmental impacts of siting, constructing, operating

and decommissioning spent nuclear fuel storage facilities at DOE sites

generally would be small. The U.S. Nuclear Regulatory Commission and

cognizant foreign authorities have reached similar conclusions with

respect to spent nuclear fuel storage within their respective

jurisdictions. Therefore, DOE believes it may often be appropriate to

prepare an environmental assessment rather than an environmental impact

statement for replacement spent nuclear fuel storage facilities.

IV. Procedural Review Requirements

A. Environmental Review Under the National Environmental Policy Act

These proposed amendments establish, modify, and clarify procedures

for considering the environmental effects of DOE actions within the

Department's decision making process, thereby enhancing compliance with

the letter and spirit of NEPA. Subpart D, Appendix A6, of the DOE NEPA

regulations categorically excludes ``rulemakings that are strictly

procedural,'' and applies to these proposed amendments. Therefore, DOE

has determined that promulgation of these amendments is not a major

Federal action significantly affecting the quality of the human

environment within the meaning of NEPA, and does not require an

environmental impact statement or an environmental

[[Page 6422]]

assessment. DOE will continue to examine individual proposed actions to

determine the appropriate level of review.

B. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act, Public Law 96-345 (5 U.S.C. 601-

612), requires that an agency prepare an initial regulatory flexibility

analysis to be published at the time the proposed rule is published.

The requirement (which appears in section 603 of the Act) does not

apply if the agency ``certifies that the rule will not, if promulgated,

have a significant economic impact on a substantial number of small

entities.'' This proposed rule would modify existing policies and

procedural requirements for DOE compliance with NEPA. It makes no

substantive changes to requirements imposed on applicants for DOE

licenses, permits, financial assistance, and similar actions as related

to NEPA compliance. Therefore, DOE certifies that this rule, if

promulgated, would not have a ``significant economic impact on a

substantial number of small entities.''

C. Review Under the Paperwork Reduction Act

No new information collection or recordkeeping requirements are

imposed by these amendments. Accordingly, no Office of Management and

Budget clearance is required under the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.).

D. Review Under Executive Order 12612

Executive Order 12612, ``Federalism,'' requires that regulations be

reviewed for Federalism effects on the institutional interest of states

and local governments, and, if the effects are sufficiently

substantial, preparation of a Federalism assessment is required to

assist senior policymakers. The final amendments will affect Federal

NEPA compliance procedures, which are not subject to state regulation.

The proposed amendments to DOE's NEPA regulations will not have any

substantial direct effects on states and local governments within the

meaning of the Executive Order.

E. Review Under Executive Order 12778

Section 2 of Executive Order 12778, ``Civil Justice Reform''

(October 23, 1991), instructs Federal agencies to adhere to certain

requirements when promulgating new regulations and reviewing existing

regulations. These requirements, set forth in sections 2(a) and

2(b)(2), include eliminating drafting errors and needless ambiguity,

drafting the regulations to minimize litigation, providing clear and

certain legal standards for affected conduct, and promoting

simplification and burden reduction. Agencies are also instructed to

make every reasonable effort to ensure that the regulations specify

clearly any preemptive effect, effect on existing Federal law or

regulation, and retroactive effect; describe any administrative

proceedings to be available before judicial review and any revisions

for the exhaustion of such administrative proceedings; and define key

terms. DOE certifies that these proposed amendments to DOE's NEPA

regulations meet the requirements of sections 2(a) and 2(b)(2) of

Executive Order 12778.

F. Review Under Executive Order 12866

The proposed amendments were reviewed in accordance with Executive

Order 12866, ``Regulatory Planning and Review,'' which requires a

Federal agency to prepare a regulatory assessment, including the

potential costs and benefits, of any ``significant regulatory action.''

The order defines ``significant regulatory action'' as any regulatory

action that may have an annual effect on the economy of $100 million or

more and may adversely affect the economy, productivity, competition,

jobs, the environment, public health or safety, or state, local, or

tribal governments in a material way, create a serious inconsistency or

otherwise interfere with an action taken or planned by another agency,

materially alter the budgetary impact of entitlements, grants, user

fees, or loan programs, or raise novel legal or policy issues arising

out of legal mandates (section 3(f)).

This proposal would amend already existing policies and procedures

for compliance with NEPA. The amendments contain no substantive changes

in the requirements imposed on applicants for a DOE license, financial

assistance, permit, or similar actions, which are the areas in which

one might anticipate an economic effect. Therefore, DOE has determined

that the incremental effect of these amendments to the DOE NEPA

regulations will not have the magnitude of effects on the economy, or

any other adverse effects, to bring this proposal within the definition

of a ``significant regulatory action.'' Pursuant to the Executive

Order, the proposed amendments were submitted to the Office of

Management and Budget for regulatory review.

G. Review under the Unfunded Mandates Reform Act

Under section 205 of the Unfunded Mandates Reform Act of 1995,

Federal agencies are required to prepare a budgetary impact statement

to accompany any proposed or final rule that includes a Federal mandate

that may result in the expenditure by state, local and tribal

governments, in the aggregate, or by the private sector, of $100

million or more in any one year. Because the DOE NEPA regulations

affect only DOE and do not create obligations on the part of any other

person or government agency, neither state, local or tribal governments

nor the private sector will be affected by amendments to these

regulations. Thus, further review by DOE under the Unfunded Mandates

Reform Act is not required.

V. Public Comment Procedures

Interested persons are invited to participate in this rulemaking by

submitting information, views, suggestions, or arguments with respect

to the proposed regulatory amendments set forth in this Notice.

Comments should be submitted to the address indicated in the ADDRESSES

section of this Notice and identified (on the outside of the envelope

and on the comment documents) with the designation ``NEPA Rulemaking.''

DOE will consider all comments received by the date indicated in the

DATES section before taking final action on the proposed amendments.

Late comments will be considered to the extent practicable.

List of Subjects in 10 CFR Part 1021

Environmental impact statement.

Issued in Washington, D.C., February 9, 1996.

Peter Brush,

Acting Assistant Secretary, Environment, Safety and Health.

For reasons set out in the preamble, 10 CFR Part 1021 is proposed

to be amended as follows:

PART 1021--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING

PROCEDURES

1. The authority citation for Part 1021 continues to read as

follows:

Authority: 42 U.S.C. 7254; 42 U.S.C. 4321 et seq.

Sec. 1021.104 [Amended]

2. In section 1021.104(b), the definition for EIS Implementation

Plan is removed.

3. Section 1021.105 is revised to read as follows:

[[Page 6423]]

Sec. 1021.105 Oversight of Agency NEPA Activities.

The Assistant Secretary for Environment, Safety and Health, or his/

her designee, is responsible for overall review of DOE NEPA compliance.

Further information on DOE's NEPA process and the status of individual

NEPA reviews may be obtained upon request from the Office of NEPA

Policy and Assistance, US. Department of Energy, 1000 Independence

Avenue, SW., Washington, DC 20585-0119.

Sec. 1021.312 [Removed and reserved]

4. Section 1021.312 is removed and reserved.

5. Section 1021.315(c) is revised to read as follows:

Sec. 1021.315 Records of Decision.

* * * * *

(c) In addition to any other public announcements, DOE RODs, or

notices of their availability that provide a brief summary of the RODs,

shall be published in the Federal Register and the RODs shall be made

available to the public as specified in 40 CFR 1506.6, except as

provided in 40 CFR 1507.3(c) and section 1021.340 of this part. DOE may

implement the decision before the ROD, or notice of its availability,

is published in the Federal Register if the decision has been made

public by other means (e.g., press releases, announcements in local

media).

* * * * *

Sec. 1021.322 [Amended]

6. Section 1021.322 is amended to remove (b)(1), and (b)(2) through

(b)(5) are redesignated (b)(1) through (b)(4), respectively.

7. Appendix A, paragraph A7, is revised to read as follows:

Appendix A to Subpart D--Categorical Exclusions Applicable to General

Agency Actions

* * * * *

A7 Transfer, lease, disposition, or acquisition of interests in

personal property (e.g., equipment and materials) or real property

(e.g., permanent structures and land), if property use is to remain

unchanged; i.e., the type and magnitude of impacts would remain

essentially the same.

* * * * *

8. Appendix B, is amended to revise the Table of Contents entries

for B1.8, B1.13, B1.22, B3.6, B3.10, B4.1, B4.2, B4.3, B4.6, B4.10,

B4.11, B4.12, B4.13, B5.3, B5.5, B5.9, B5.10, B5.12, B6.1, B6.4, and

B6.5; add B1.23 through B1.33, B2.6, B3.12, B3.13, and B6.9; and remove

B5.13 through B5.16, to read as follows:

Appendix B to Subpart D--Categorical Exclusions Applicable to Specific

Agency Actions

* * * * *

B1.8 Modifications to screened water intake/outflow structures.

* * * * *

B1.13 Construction/acquisition/relocation of onsite pathways,

spur or access roads/railroads.

* * * * *

B1.22 Relocation of buildings.

B1.23 Demolition/disposal of buildings.

B1.24 Transfer of property/residential, commercial, industrial

use.

B1.25 Transfer of property/habitat preservation, wildlife

management.

B1.26 Siting/construction/operation/decommissioning of small

water treatment facilities, generally less than 250,000 gallons per

day capacity.

B1.27 Facility deactivation

B1.28 Minor activities to place a facility in an

environmentally safe condition, no proposed uses.

B1.29 Siting/construction/operation/decommissioning of onsite

disposal facility for construction and demolition waste.

B1.30 Transfer actions

B1.31 Relocation/operation of machinery and equipment.

B1.32 Restoration, creation, or enhancement of small wetlands.

B1.33 Traffic flow adjustments, existing roads.

* * * * *

B2.6 Packaging/transportation/storage of radioactive sources

upon request by the Nuclear Regulatory Commission or other cognizant

agency.

* * * * *

B3.6 Siting/construction/operation/decommissioning of

facilities for bench-scale research, conventional laboratory

operations, small-scale research and development and pilot projects.

* * * * *

B3.10 Siting/construction/operation/decommissioning of particle

accelerators, including electron beam accelerators, primary beam

energy generally less than 100 MeV.

* * * * *

B3.12 Siting/construction/operation/decommissioning of

microbiological and biomedical facilities.

B3.13 Magnetic fusion experiments, no tritium fuel use.

* * * * *

B4.1 Contracts/marketing plans/policies for excess electric

power.

B4.2 Export of electric energy.

B4.3 Electric power marketing rate changes.

* * * * *

B4.6 Additions/modifications to electric power transmission

facilities within previously developed area.

* * * * *

B4.10 Deactivation, dismantling and removal of electric

powerlines and substations.

B4.11 Construction or modification of electric power

substations.

B4.12 Construction of electric powerlines (generally less than

10 miles in length), not integrating major new sources.

B4.13 Reconstruction and minor relocation of existing electric

powerlines (generally less than 20 miles in length).

* * * * *

B5.3 Modification (not expansion)/abandonment of oil storage

access/brine injection/gas/geothermal wells, not part of site

closure.

* * * * *

B5.5 Construction/operation of short crude oil/gas/steam/

geothermal pipeline segments.

* * * * *

B5.9 Temporary exemption for any electric powerplant.

B5.10 Certain permanent exemptions for any existing electric

powerplant.

* * * * *

B5.12 Workover of existing oil/gas/geothermal well.

* * * * *

B6.1 Small-scale, short-term cleanup actions under RCRA, Atomic

Energy Act, or other authorities.

* * * * *

B6.4 Siting/construction/operation/decommissioning of small

waste storage facilities (not high-level radioactive waste, spent

nuclear fuel).

B6.5 Siting/construction/operation/decommissioning of facility

for characterizing/sorting packaged waste, overpacking waste (not

high-level radioactive waste, spent nuclear fuel).

* * * * *

B6.9 Small-scale temporary measures to reduce migration of

contaminated groundwater.

* * * * *

9. Appendix B, section B is amended by revising paragraphs B(1),

B(2), B(4)(iii) to read as follows:

B. Conditions that are Integral Elements of the Classes of

Actions in Appendix B

* * * * *

(1) Threaten a violation of applicable statutory, regulatory, or

permit requirements for environment, safety, and health, including

requirements of DOE and/or Executive Orders.

(2) Require siting and construction or major expansion of waste

storage, disposal, recovery, or treatment facilities (including

incinerators) unless these actions are themselves categorically

excluded.

* * * * *

(4) * * *

(iii) Wetlands, as determined by using the methodology that the

U.S. Army Corps of Engineers applies in implementing section 404 of

the Clean Water Act, except for wetlands affected by proposed

actions covered by a general permit under 33 CFR Part 330 (other

than Permit #23, ``Approved Categorical Exclusions''), and

floodplains;

* * * * *

[[Page 6424]]

10. Appendix B, section B1, is amended by revising the introductory

text to paragraph B1.3, paragraphs B1.3(n) & (o), B1.8, B1.13, B1.15,

B1.18, B1.21, and B1.22, and adding paragraphs B1.23 through B1.33, to

read as follows:

B1. Categorical Exclusions Applicable to Facility Operation.

* * * * *

B1.3 Routine maintenance activities and custodial services for

buildings, structures, rights-of-way, infrastructures (e.g.,

pathways, roads, and railroads), vehicles and equipment, and

localized vegetation and pest control, during which operations may

be suspended and resumed. Custodial services are activities to

preserve facility appearance, working conditions, and sanitation,

such as cleaning, window washing, lawn mowing, trash collection,

painting, and snow removal. Routine maintenance activities,

corrective (that is, repair), preventive, and predictive, are

required to maintain and preserve buildings, structures,

infrastructures, and equipment in a condition suitable for a

facility to be used for its designated purpose. Routine maintenance

may result in replacement to the extent that replacement is in kind

and is not a substantial upgrade or improvement. In kind replacement

includes installation of new components to replace outmoded

components if the replacement does not result in a significant

change in the expected useful life, design capacity, or function of

the facility. Routine maintenance does not include replacement of a

major component that significantly extends the originally intended

useful life of a facility (for example, it does not include the

replacement of a reactor vessel near the end of its useful life).

Routine maintenance activities include, but are not limited to:

* * * * *

(n) Routine testing and calibration of facility components,

subsystems, or portable equipment (including but not limited to,

control valves, in-core monitoring devices, transformers,

capacitors, monitoring wells, lysimeters, weather stations, and

flumes); and

(o) Routine decontamination of the surfaces of equipment, rooms,

hot cells, or other interior surfaces of buildings (by such

activities as wiping with rags, using strippable latex, and minor

vacuuming), including removal of contaminated intact equipment and

other materials (other than spent nuclear fuel or special nuclear

material in nuclear reactors).

* * * * *

B1.8 Modifications to screened water intake and outflow

structures such that intake velocities and volumes and water

effluent quality and volumes are consistent with existing permit

limits

* * * * *

B1.13 Construction, acquisition, and relocation of onsite

pathways and onsite spur or access roads and railways.

* * * * *

B1.15 Siting, construction (or modification), and operation of

support buildings and support structures (including prefabricated

buildings and trailers) within or contiguous to an already developed

area (where site utilities and roads are available). Covered support

buildings and structures include those for office purposes; parking;

cafeteria services; education and training; visitor reception;

computer and data processing services; employee health services or

recreation activities; routine maintenance activities; storage of

supplies and equipment for administrative services and routine

maintenance activities; security (including security posts); fire

protection; and similar support purposes, but excluding facilities

for waste storage activities, except as provided in other parts of

this appendix.

* * * * *

B1.18 Siting, construction, and operation of additional water

supply wells (or replacement wells) within an existing well field,

or modification of an existing water supply well to restore

production, if there would be no drawdown other than in the

immediate vicinity of the pumping well, no resulting long-term

decline of the water table, and no degradation of the aquifer from

the new or replacement well.

* * * * *

B1.21 Noise abatement measures, such as construction of noise

barriers and installation of noise control materials.

B1.22 Relocation of buildings (including, but not limited to,

trailers and prefabricated buildings) to an already developed area

where site utilities and roads are available.

B1.23 Demolition and subsequent disposal of buildings,

equipment, and support structures (including, but not limited to,

smoke stacks and parking lot surfaces).

B1.24 Transfer, lease, disposition or acquisition of interests

in uncontaminated real property (e.g., facilities, support

structures and accompanying land) for residential, commercial, or

industrial uses (including, but not limited to, office space,

warehouses, equipment storage facilities) that do not involve any

lessening in quality, or increases in volumes, concentrations, or

discharge rates, of wastes, air emissions, or water effluents and

that, under reasonably foreseeable uses, would have generally

similar environmental impacts compared to those before the transfer,

lease, disposition, or acquisition of interests.

B1.25 Transfer, lease, disposition or acquisition of interests

in uncontaminated real property (e.g., land and associated

buildings) for habitat preservation or wildlife management, but not

including any habitat alteration.

B1.26 Siting, construction (including expansion, modification,

and replacement), operation, and decommissioning of small water

treatment facilities, including facilities for wastewater, potable

water, surface water, and sewage, with a total capacity that

generally does not exceed 250,000 gallons per day. (Also see B6.9).

B1.27 Activities that are required to deactivate a facility;

i.e., disconnect utilities such as water, steam, telecommunications,

and electrical power.

B1.28 Minor activities that are required to place a facility in

an environmentally safe condition where there is no proposed use for

the facility. These activities would include, but are not limited

to, reducing surface contamination, and removing materials,

equipment or waste, such as final defueling of a reactor, where

there are adequate existing facilities for the treatment, storage,

or disposal of the materials, equipment or waste. These activities

would not include conditioning, treatment or processing of spent

nuclear fuel, high-level waste, or special nuclear materials.

B1.29 Siting, construction, operation, and decommissioning of a

small (generally less than 10 acres in area) onsite disposal

facility for uncontaminated construction and demolition waste. These

wastes, as defined in the Environmental Protection Agency's

regulations under the Resource Conservation and Recovery Act,

specifically 40 CFR 243.101, include building materials, packaging,

and rubble.

B1.30 Transfer actions, in which the predominant activity is

transportation, and in which the amount and type of materials,

equipment or waste to be moved is incidental to the amount of such

materials, equipment, or waste that is already a part of ongoing

operations at the receiving site. Such transfers are not regularly

scheduled as part of ongoing routine operations.

B1.31 Relocation of machinery and equipment, such as analytical

laboratory apparatus, electronic hardware, maintenance equipment,

and health and safety equipment, including minor construction

necessary for removal and installation, where uses of the relocated

items will be similar to their former uses and consistent with the

general missions of the receiving structure.

B1.32 Restoration, creation, or enhancement of small wetlands in

coordination with the cognizant Federal or State regulators, and

where other environmental resources are not adversely affected.

B1.33 Traffic flow adjustments to existing roads at DOE sites

(including, but not limited to, stop sign or traffic light

installation, and adjusting direction of traffic flow).

11. Appendix B, section B2, is amended by adding B2.6, to read as

follows:

B2. Categorical Exclusions Applicable to Safety and Health.

* * * * *

B2.6 Packaging, transportation, and storage of radioactive

materials from the public domain, in accordance with the Atomic

Energy Act upon a request by the Nuclear Regulatory Commission or

other cognizant agency. Covered materials are those for which

possession and use by Nuclear Regulatory Commission licensees has

been categorically excluded under 10 CFR 51.22(14) or its

successors. Examples of these radioactive materials (which may

contain source, byproduct or special nuclear materials) are density

gauges, therapeutic medical devices, generators, reagent kits,

irradiators, analytical instruments, well monitoring equipment,

uranium shielding material, depleted uranium military munitions, and

packaged radioactive waste not exceeding 50 curies.

[[Page 6425]]

12. Appendix B, section B3, is amended to revise the introductory

text to paragraph B3.1, B3.3, B3.6, and B3.10, and add new paragraphs

B3.12 and B3.13, to read as follows:

B3. Categorical Exclusions Applicable to Site Characterization,

Monitoring, and General Research.

B3.1 Onsite and offsite site characterization and environmental

monitoring, including siting, construction (or modification),

operation, and dismantlement or closing (abandonment) of

characterization and monitoring devices and siting, construction,

and associated operation of a small-scale laboratory building or

renovation of a room in an existing building for sample analysis.

Activities covered include, but are not limited to, site

characterization and environmental monitoring under CERCLA and RCRA.

Specific activities include, but are not limited to:

* * * * *

B3.3 Field and laboratory research, inventory, and information

collection activities that are directly related to the conservation

of fish or wildlife resources and that involve only negligible

habitat destruction or population reduction.

* * * * *

B3.6 Siting, construction (or modification), operation, and

decommissioning of facilities for indoor bench-scale research

projects, conventional laboratory operations (for example,

preparation of chemical standards and sample analysis); small-scale

research and development projects; and small-scale pilot projects to

verify a concept before demonstration actions. Construction (or

modification) will be within or contiguous to an already developed

area (where site utilities and roads are available).

* * * * *

B3.10 Siting, construction, operation, and decommissioning of a

particle accelerator, including electron beam accelerator with

primary beam energy generally less than 100 MeV, and associated

beamlines, storage rings, colliders, and detectors for research and

medical purposes, within or contiguous to an already developed area

(where site utilities and roads are available), or internal

modification of any accelerator facility regardless of energy that

does not increase primary beam energy or current.

* * * * *

B3.12 Siting, construction (including modification), operation,

and decommissioning of microbiological and biomedical diagnostic,

treatment and research facilities (excluding Biosafety Level-3 and

Biosafety Level-4; reference: Biosafety in Microbiological and

Biomedical Laboratories, 3rd Edition, May 1993, U.S. Department of

Health and Human Services Public Health Service, Centers of Disease

Control and Prevention, and the National Institutes of Health (HHS

Publication No. (CDC) 93-8395)) including, but not limited to,

laboratories, treatment areas, offices, and storage areas, within or

contiguous to an already developed area (where utilities and roads

are available). Operation may include the purchase, installation,

and operation of biomedical equipment, such as commercially

available cyclotrons that are used to generate radioisotopes and

radiopharmaceuticals, and commercially available biomedical imaging

and spectroscopy instrumentation.

B3.13 Performing magnetic fusion experiments that do not use

tritium as fuel, with existing facilities (including necessary

modifications).

13. Appendix B, section B4, is amended to revise paragraphs B4.1,

B4.2, B4.3, B4.6, B4.10, B4.11, B4.12 and B4.13, to read as follows:

B4. Categorical Exclusions Applicable to Power Marketing

Administrations and to all of DOE with Regard to Power Resources.

B4.1 Establishment and implementation of contracts, marketing

plans, policies, allocation plans, or acquisition of excess electric

power that does not involve: (1) the integration of a new generation

resource, (2) physical changes in the transmission system beyond the

previously developed facility area, unless the changes are

themselves categorically excluded, or (3) changes in the normal

operating limits of generation resources.

B4.2 Export of electric energy as provided by section 202(e) of

the Federal Power Act over existing transmission systems or using

transmission system changes that are themselves categorically

excluded.

B4.3 Changes in rates for electric power, power transmission,

and other products or services provided by a Power Marketing

Administration that are based on a change in revenue requirements if

the operations of generation projects would remain within normal

operating limits.

* * * * *

B4.6 Additions or modifications to electric power transmission

facilities that would not affect the environment beyond the

previously developed facility area including, but not limited to,

switchyard rock grounding upgrades, secondary containment projects,

paving projects, seismic upgrading, tower modifications, changing

insulators, and replacement of poles, circuit breakers, conductors,

transformers, and crossarms.

* * * * *

B4.10 Deactivation, dismantling, and removal of electric

powerlines, substations, switching stations, and other transmission

facilities, and right-of-way abandonment.

B4.11 Construction of electric power substations (including

switching stations and support facilities) with power delivery at

230 kV or below, or modification (other than voltage increases) of

existing substations and support facilities, that generally would

not involve the construction of more than 10 miles of new or

relocation of more than 20 miles of existing electric powerlines or

the integration of a major new resource.

B4.12 Construction of electric powerlines (less than 10 miles

in length) that are not for the integration of major new sources of

generation into a main transmission system.

B4.13 Reconstruction (upgrading or rebuilding) and/or minor

relocation of existing electric powerlines less than 20 miles in

length to enhance environmental and land use values. Such actions

include relocations to avoid right-of-way encroachments, resolve

conflict with property development, accommodate road/highway

construction, allow for the construction of facilities such as

canals and pipelines, or reduce existing impacts to environmentally

sensitive areas.

14. Appendix B, section B5, is amended to revise paragraphs B5.3,

B5.5, and B5.9 through B5.12 and remove B5.13 through B5.16, to read as

follows:

B5. Categorical Exclusions Applicable to Conservation, Fossil,

and Renewable Energy Activities

* * * * *

B5.3 Modification (but not expansion) or abandonment (including

plugging), which is not part of site closure, of crude oil storage

access wells, brine injection wells, geothermal wells, and gas

wells.

* * * * *

B5.5 Construction and subsequent operation of short crude oil,

steam, geothermal, or natural gas pipeline segments between DOE

facilities and existing transportation, storage, or refining

facilities within a single industrial complex, if the pipeline

segments are within existing rights-of-way.

* * * * *

B5.9 The grant or denial of any temporary exemption under the

Powerplant and Industrial Fuel Use Act of 1978 for any electric

powerplant.

B5.10 The grant or denial of any permanent exemption under the

Powerplant and Industrial Fuel Use Act of 1978 of any existing

electric powerplant other than an exemption under (1) section 312(c)

relating to cogeneration, (2) section 312(l) relating to scheduled

equipment outages, (3) section 312(b) relating to certain state or

local requirements, and (4) section 312(g) relating to certain

intermediate load powerplants.

B5.11 The grant or denial of a permanent exemption from the

prohibitions of Title II of the Powerplant and Industrial Fuel Use

Act of 1978 for any new electric powerplant to permit the use of

certain fuel mixtures containing natural gas or petroleum.

B5.12 Workover (operations to restore production, such as

deepening, plugging back, pulling and resetting lines, and squeeze

cementing) of an existing oil, gas, or geothermal well to restore

production when workover operations will be restricted to the

existing wellpad and not involve any new site preparation or earth

work that would disturb adjacent habitat.

15. Appendix B, section B6, is amended to revise the introductory

text to paragraph B6.1, paragraph B6.1(b) & (j), B6.4, and B6.5 and add

paragraph B6.9, to read as follows:

B6. Categorical Exclusions Applicable to Environmental

Restoration and Waste Management Activities

B6.1 Small-scale, short-term cleanup actions, under RCRA,

Atomic Energy Act, or other authorities, generally less than 5

million dollars in cost and 5 years duration,

[[Page 6426]]

to reduce risk to human health or the environment from the release or

threat of release of a hazardous substance, including treatment

(e.g., incineration), recovery, storage, or disposal of wastes at

existing facilities currently handling the type of waste involved in

the action. These actions include, but are not limited to:

* * * * *

(b) Removal of bulk containers (for example, drums, barrels)

that contain or may contain hazardous substances, pollutants,

contaminants, CERCLA-excluded petroleum or natural gas products, or

hazardous wastes (designated in 40 CFR Part 261 or applicable state

requirements), if such actions would reduce the likelihood of

spillage, leakage, fire, explosion, or exposure to humans, animals,

or the food chain;

* * * * *

(j) Segregation of wastes that may react with one another or

form a mixture that could result in adverse environmental impacts;

* * * * *

B6.4 Siting, construction (including modification), operation,

and decommissioning of a small facility (generally not to exceed an

area of 50,000 square feet) within or contiguous to an already

developed area (where site utilities and roads are developed) for

storage of waste, other than high-level radioactive waste, generated

onsite or resulting from activities connected to site operations.

These actions do not include the storage of spent nuclear fuel.

B6.5 Siting, construction (or modification or expansion),

operation, and decommissioning of an onsite facility for

characterizing and sorting previously packaged waste or for

overpacking waste, other than high-level radioactive waste, if

operations do not involve unpacking waste. These actions do not

include waste storage (covered under B6.4, B6.6 and C16) or the

handling of spent nuclear fuel.

* * * * *

B6.9 Small-scale temporary measures to reduce migration of

contaminated groundwater, including the siting, construction,

operation, and decommissioning of necessary facilities. These

measures include, but are not limited to, pumping, treating,

storing, and reinjecting water and installing underground barriers.

(Also see B1.26.)

16. Appendix C is amended by revising the Table of Contents entries

C1, C4, C7, C9, C10, C11, C14 and C16 to read as follows:

Appendix C to Subpart D of Part 1021-Classes of Actions That Normally

Require EAs But Not Necessarily EISs

C1 [Reserved]

* * * * *

C4 Upgrading and constructing electric powerlines

* * * * *

C7 Allocation of electric power, no major new generation

resource/major changes in operation of generation resources/major

new loads

* * * * *

C9 Restoration, creation, or enhancement of large wetlands.

C10 [Reserved]

C11 Siting/construction/operation/decommissioning of low- or

medium-energy particle acceleration facility with primary beam

energy generally greater than 100 MeV.

* * * * *

C14 Siting/construction/operation of water treatment facilities

generally greater than 250,000 gallons per day capacity

* * * * *

C16 Siting/construction/operation/decommissioning of large

waste storage facilities (not high-level radioactive waste, spent

nuclear fuel)

17. Appendix C to Subpart D of Part 1021 is amended by removing and

reserving paragraphs C1 & C10 and by revising C4, C7, C9, C11, C14 and

C16, to read as follows:

C1 [Removed and Reserved]

* * * * *

C4 Upgrading (reconstructing) an existing electric powerline

generally more than 20 miles in length or constructing a new

electric powerline generally more than 10 miles in length.

* * * * *

C7 Establishment and implementation of contracts, policies,

marketing plans, or allocation plans for the allocation of electric

power that do not involve (1) the addition of new generation

resources greater than 50 average megawatts, (2) major changes in

the operating limits of generation resources greater than 50 average

megawatts, or (3) service to discrete new loads of 10 average

megawatts or more over a 12 month period. This applies to power

marketing operations and to siting, construction, and operation of

power generating facilities at DOE sites.

* * * * *

C9 Restoration, creation, or enhancement of large wetlands, or

small wetlands where these actions may adversely affect other

environmental resources.

C10 [Removed and Reserved]

C11 Siting, construction (or major modification), operation,

and decommissioning of a low- or medium-energy (but greater than 100

MeV primary beam energy) particle acceleration facility, including

electron beam acceleration facilities, and associated beamlines,

storage rings, colliders, and detectors for research and medical

purposes, within or contiguous to an already developed area (where

site utilities and roads are available).

* * * * *

C14 Siting, construction (or expansion), and operation of water

treatment facilities generally exceeding 250,000 gallons per day,

including facilities for wastewater, potable water, and sewage.

* * * * *

C16 Siting, construction (including modification to increase

capacity), operation, and decommissioning of packaging and unpacking

facilities (that may include characterization operations) and large

storage facilities (generally greater than 50,000 square feet in

area) for waste, except high-level radioactive waste, generated

onsite or resulting from activities connected to site operations.

These actions do not include storage, packaging, or unpacking of

spent nuclear fuel. [Also see B6.4, B6.5, and B6.6.]

18. Appendix D is amended to revise the Table of Contents entries

for D1, D7, and D10 to read as follows:

Appendix D to Subpart D of Part 1021-Classes of Actions That Normally

Require EISs

D1 Strategic Systems

* * * * *

D7 Allocation of electric power, major new generation

resources/major changes in operation of generation resources/major

loads

* * * * *

D10 Siting/construction/operation/decommissioning of major

treatment, storage, and disposal facilities for high-level waste and

spent nuclear fuel

* * * * *

19. Appendix D to Subpart D of Part 1021 is amended by revising

paragraphs D1, D7 and D10, to read as follows:

D1 Strategic Systems, as defined in DOE Order 430.1, ``Life-

Cycle Asset Management,'' and designated by the Secretary.

* * * * *

D7 Establishment and implementation of contracts, policies,

marketing plans or allocation plans for the allocation of electric

power that involve (1) the addition of new generation resources

greater than 50 average megawatts, (2) major changes in the

operating limits of generation resources greater than 50 average

megawatts, or (3) service to discrete new loads of 10 average

megawatts or more over a 12 month period. This applies to power

marketing operations and to siting construction, and operation of

power generating facilities at DOE sites.

* * * * *

D10 Siting, construction, operation, and decommissioning of

major treatment, storage, and disposal facilities for high-level

waste and spent nuclear fuel, including geologic repositories, but

not including onsite replacement or upgrades of storage facilities

for spent nuclear fuel at DOE sites.

* * * * *

[FR Doc. 96-3631 Filed 2-16-96; 8:45 am]

BILLING CODE 6560-01-P