Notice of Adoption of Department of Energy Categorical Exclusion Under the National Environmental Policy Act, 20470-20472 [2024-06051]
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20470
Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Notices
Grasslands Undesirable Plant
Management, Comment Period Ends:
05/13/2024, Contact: Kim Dolatta
701–842–2393.
Dated: March 18, 2024.
Nancy Abrams,
Associate Director, Office of Federal
Activities.
[FR Doc. 2024–06098 Filed 3–21–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL OP–OFA–116]
Notice of Adoption of Department of
Energy Categorical Exclusion Under
the National Environmental Policy Act
Environmental Protection
Agency.
ACTION: Notice of adoption of categorical
exclusions.
AGENCY:
The Environmental Protection
Agency (EPA) is adopting two
categorical exclusions (CEs) from the
Department of Energy (DOE) under the
National Environmental Policy Act
(NEPA) for drop-off, collection, and
transfer facilities for recyclable
materials and for installation or
relocation of machinery and equipment,
to use in EPA’s programs and in funding
opportunities administered by EPA.
This notice describes the categories of
proposed actions for which EPA intends
to use DOE’s CEs and describes the
consultation between the agencies.
DATES: This action is effective upon
publication.
SUMMARY:
Dan
Halpert, EPA Solid Waste Infrastructure
for Recycling Program, by phone at 202–
566–0816 or by email at halpert.daniel@
epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
ddrumheller on DSK120RN23PROD with NOTICES1
NEPA and CEs
The National Environmental Policy
Act, as amended at, 42 U.S.C. 4321–
4347 (NEPA), requires all Federal
agencies to assess the environmental
impact of their actions. Congress
enacted NEPA in order to encourage
productive and enjoyable harmony
between humans and the environment,
recognizing the profound impact of
human activity and the critical
importance of restoring and maintaining
environmental quality to the overall
welfare of humankind. 42 U.S.C. 4321,
4331. NEPA’s twin aims are to ensure
agencies consider the environmental
effects of their proposed actions in their
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19:15 Mar 21, 2024
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decision-making processes and inform
and involve the public in that process.
42 U.S.C. 4331. NEPA created the
Council on Environmental Quality
(CEQ), which promulgated NEPA
implementing regulations, 40 CFR parts
1500 through 1508 (CEQ regulations).
To comply with NEPA, agencies
determine the appropriate level of
review—an environmental impact
statement (EIS), environmental
assessment (EA), or CE. 42 U.S.C. 4336.
If a proposed action is likely to have
significant environmental effects, the
agency must prepare an EIS and
document its decision in a record of
decision. 42 U.S.C. 4336. If the
proposed action is not likely to have
significant environmental effects or the
effects are unknown, the agency may
instead prepare an EA, which involves
a more concise analysis and process
than an EIS. 42 U.S.C. 4336. Following
the EA, the agency may conclude the
process with a finding of no significant
impact if the analysis shows that the
action will have no significant effects. If
the analysis in the EA finds that the
action is likely to have significant
effects, however, then an EIS is
required.
Under NEPA and the CEQ regulations,
a Federal agency also can establish
CEs—categories of actions that the
agency has determined normally do not
significantly affect the quality of the
human environment—in its agency
NEPA procedures. 42 U.S.C. 4336(e)(1);
40 CFR 1501.4, 1507.3(e)(2)(ii),
1508.1(d). If an agency determines that
a CE covers a proposed action, it then
evaluates the proposed action for
extraordinary circumstances in which a
normally excluded action may have a
significant effect. 40 CFR 1501.4(b). If
no extraordinary circumstances are
present or if further analysis determines
that the extraordinary circumstances do
not involve the potential for significant
environmental effects, the agency may
apply the CE to the proposed action
without preparing an EA or EIS. 42
U.S.C. 4336(a)(2), 40 CFR 1501.4. If the
extraordinary circumstances have the
potential to result in significant effects,
the agency is required to prepare an EA
or EIS.
Section 109 of NEPA, enacted as part
of the Fiscal Responsibility Act of 2023,
allows a Federal agency to ‘‘adopt’’ and
use another agency’s CEs for a category
of proposed agency actions. 42 U.S.C.
4336(c). To use another agency’s CEs
under section 109, the adopting agency
must identify the relevant CEs listed in
another agency’s (‘‘establishing agency’’)
NEPA procedures that cover the
adopting agency’s category of proposed
actions or related actions; consult with
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the establishing agency to ensure that
the proposed adoption of the CE to a
category of actions is appropriate;
identify to the public the CE that the
adopting agency plans to use for its
proposed actions; and document
adoption of the CE. Id. This notice
describes EPA’s adoption of DOE’s CEs
under section 109 of NEPA to use in
EPA’s program and in funding
opportunities administered by EPA.
EPA’s Program
EPA intends to use DOE’s recycling
facilities and equipment installation CEs
in EPA’s program and in funding
opportunities, including those
administered by the EPA Solid Waste
Infrastructure for Recycling (SWIFR)
Program.
The SWIFR Program provides funding
to eligible entities to implement the
National Recycling Strategy to improve
post-consumer materials management
and infrastructure; support
improvements to local post-consumer
materials management and recycling
programs; and assist local waste
management authorities in making
improvements to local waste
management systems. The SWIFR
program funds projects for the siting,
construction, modification, and
operation of recycling or compostable
material drop-off, collection, and
transfer station facilities. Funding
administered by the SWIFR program
may also be used at these recycling,
reuse, composting, or other waste
management facilities for the
installation or relocation and operation
of machinery and equipment, such as
crushers, shredders, sorters, and baling
equipment. EPA also intends to use the
DOE CEs adopted through this notice for
activities administered under other EPA
programs that meet this description of
SWIFR program activities.
II. Identification of the Categorical
Exclusions
EPA is adopting two CEs from DOE
for drop-off, collection, and transfer
facilities for recyclable materials and for
the installation or relocation of
machinery and equipment.
DOE’s CE for recycling facilities is
codified in DOE’s NEPA procedures as
CE B1.35 of 10 CFR part 1021, subpart
D, appendix B, as follows:
B1.35 Drop-Off, Collection, and Transfer
Facilities for Recyclable Materials. The siting,
construction, modification, and operation of
recycling or compostable material drop-off,
collection, and transfer stations on or
contiguous to a previously disturbed or
developed area and in an area where such a
facility would be consistent with existing
zoning requirements. The stations would
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Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Notices
have appropriate facilities and procedures
established in accordance with applicable
requirements for the handling of recyclable
or compostable materials and household
hazardous waste (such as paint and
pesticides). Except as specified above, the
collection of hazardous waste for disposal
and the processing of recyclable or
compostable materials are not included in
this class of actions.
DOE’s CE for equipment installation
or relocation is codified in DOE’s NEPA
procedures as CE B1.31 of 10 CFR part
1021, subpart D, appendix B, as follows:
ddrumheller on DSK120RN23PROD with NOTICES1
B1.31 Installation or Relocation of
Machinery and Equipment. Installation or
relocation and operation of machinery and
equipment (including, but not limited to,
laboratory equipment, electronic hardware,
manufacturing machinery, maintenance
equipment, and health and safety
equipment), provided that uses of the
installed or relocated items are consistent
with the general missions of the receiving
structure. Covered actions include
modifications to an existing building, within
or contiguous to a previously disturbed or
developed area, that are necessary for
equipment installation and relocation. Such
modifications would not appreciably
increase the footprint or height of the existing
building or have the potential to cause
significant changes to the type and
magnitude of environmental impacts.
‘‘Previously disturbed or developed’’
refers to land that has been changed
such that its functioning ecological
processes have been and remain altered
by human activity. The phrase
encompasses areas that have been
transformed from natural cover to
nonnative species or a managed state,
including, but not limited to, utility and
electric power transmission corridors
and rights-of-way, and other areas
where active utilities and currently used
roads are readily available. 10 CFR
1021.410(g)(1).
The DOE CEs also include additional
conditions referred to as integral
elements (10 CFR part 1021, subpart D,
appendix B). In order to apply these
CEs, the proposal must be one that
would not:
(1) Threaten a violation of applicable
statutory, regulatory, or permit
requirements for environment, safety,
and health, or similar requirements of
EPA 1 or Executive orders;
(2) Require siting and construction or
major expansion of waste storage,
disposal, recovery, or treatment
facilities (including incinerators), but
the proposal may include categorically
excluded waste storage, disposal,
recovery, or treatment actions or
facilities;
1 Modified from 10 CFR part 1021 subpart D, app.
B to reflect EPA as the adopting agency.
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(3) Disturb hazardous substances,
pollutants, contaminants, or CERCLA
excluded petroleum and natural gas
products that preexist in the
environment such that there would be
uncontrolled or unpermitted releases;
(4) Have the potential to cause
significant impacts on environmentally
sensitive resources. An environmentally
sensitive resource is typically a resource
that has been identified as needing
protection through Executive Order,
statute, or regulation by Federal, State,
or local government, or a federally
recognized Indian Tribe. An action may
be categorically excluded if, although
sensitive resources are present, the
action would not have the potential to
cause significant impacts on those
resources (such as construction of a
building with its foundation well above
a sole-source aquifer or upland surface
soil removal on a site that has
wetlands). Environmentally sensitive
resources include, but are not limited to:
(i) Property (such as sites, buildings,
structures, and objects) of historic,
archeological, or architectural
significance designated by a Federal,
State, or local government, federally
recognized Indian Tribe, or Native
Hawaiian organization, or property
determined to be eligible for listing on
the National Register of Historic Places;
(ii) Federally listed threatened or
endangered species or their habitat
(including critical habitat) or federally
proposed or candidate species or their
habitat (Endangered Species Act); State
listed or State-proposed endangered or
threatened species or their habitat;
federally-protected marine mammals
and Essential Fish Habitat (Marine
Mammal Protection Act; MagnusonStevens Fishery Conservation and
Management Act); and otherwise
federally-protected species (such as the
Bald and Golden Eagle Protection Act or
the Migratory Bird Treaty Act);
(iii) Floodplains and wetlands;
(iv) Areas having a special
designation such as federally and State
designated wilderness areas, national
parks, national monuments, national
natural landmarks, wild and scenic
rivers, State and Federal wildlife
refuges, scenic areas (such as National
Scenic and Historic Trails or National
Scenic Areas), and marine sanctuaries;
(v) Prime or unique farmland, or other
farmland of statewide or local
importance, as defined at 7 CFR
658.2(a), ‘‘Farmland Protection Policy
Act: Definitions,’’ or its successor;
(vi) Special sources of water (such as
sole-source aquifers, wellhead
protection areas, and other water
sources that are vital in a region); and
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20471
(vii) Tundra, coral reefs, or rain
forests; or
(5) Involve genetically engineered
organisms, synthetic biology,
governmentally designated noxious
weeds, or invasive species, unless the
proposed activity would be contained or
confined in a manner designed and
operated to prevent unauthorized
release into the environment and
conducted in accordance with
applicable requirements, such as those
of the Department of Agriculture, EPA,
and the National Institutes of Health.
Proposed EPA Category of Actions
EPA intends to apply CE B1.35 to
support proposals for the siting,
construction, modification, and
operation of recycling or compostable
material drop-off, collection, and
transfer station projects. Activities
under this CE may be undertaken
directly by EPA or be financed in whole
or in part through Federal funding
opportunities, including those
administered by the SWIFR Program.
The siting, construction, modification,
and operation of drop-off, collection,
and transfer stations must be on or
contiguous to a previously disturbed or
developed area, in an area where such
a facility would be consistent with
existing zoning requirements, and the
stations would have appropriate
facilities and procedures established in
accordance with applicable
requirements for the handling of
recyclable or compostable materials and
households hazardous waste (such as
paint and pesticides). EPA will also
review each proposal for the limitations
in applying the CE to ensure that the
proposal is within the scope of the CE
and will not involve the collection of
hazardous waste for disposal or the
processing of recyclable or compostable
materials.
EPA intends to apply CE B1.31 to
support proposals for the installation or
relocation of machinery and equipment,
such as crushers, shredders, sorters, and
baling equipment, at recycling, reuse,
composting, or other waste management
facilities administered under the SWIFR
Program and for similar activities
undertaken directly by EPA or financed
in whole or in part through Federal
funding opportunities. EPA will
consider each proposal for the
installation or relocation and operation
of machinery and equipment to ensure
that uses of the installed or relocated
machinery and equipment are
consistent with the general mission of
the receiving structure. For proposals
requiring modifications to an existing
building, within or contiguous to a
previously disturbed or developed area,
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Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Notices
that are necessary for the equipment
installation and relocation, EPA will
review each proposal to ensure that
such modifications are within the scope
of the CE and would not appreciably
increase the footprint or height of the
existing building or have the potential
to cause significant changes to the type
and magnitude of environmental
impacts.
III. Consideration of Extraordinary
Circumstances
When applying these CEs, EPA will
evaluate the proposed action to ensure
consideration of the integral elements
listed above. In addition, in considering
extraordinary circumstances, EPA will
consider whether the proposed action
has the potential to result in significant
effects as described in DOE’s
extraordinary circumstances listed at 10
CFR 1021.410(b)(2). DOE defines
extraordinary circumstances as unique
situations presented by specific
proposals, including, but not limited to,
scientific controversy about the
environmental effects of the proposal;
uncertain effects or effects involving
unique or unknown risks; and
unresolved conflicts concerning
alternative uses of available resources.
In addition, EPA will consider its list of
extraordinary circumstances as
described at 40 CFR 6.204(b).
ddrumheller on DSK120RN23PROD with NOTICES1
IV. Consultation With DOE and
Determination of Appropriateness
EPA and DOE consulted on the
appropriateness of EPA’s adoption of
the CEs in December 2023. EPA and
DOE’s consultation included a review of
DOE’s experience developing and
applying the CEs, as well as the types
of actions for which EPA plans to utilize
the CEs. These EPA actions are very
similar to the type of projects for which
DOE has applied the CEs and therefore
the effects of EPA projects will be very
similar to the effects of DOE projects,
which are not significant, absent
extraordinary circumstances. Therefore,
EPA has determined that its proposed
use of the CE for the Drop-off,
Collection, and Transfer Facilities for
Recyclable Materials and the CE for
Installation or Relocation of Machinery
and Equipment as described in this
notice are appropriate.
V. Notice to the Public and
Documentation of Adoption
This notice serves to identify to the
public and document EPA’s adoption of
DOE’s CEs for B1.35 Drop-off,
Collection, and Transfer Facilities for
Recyclable Materials and for B1.31
Installation or Relocation of Machinery
and Equipment. This notice identifies
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the types of actions to which EPA will
apply the CEs, as well as the
considerations that EPA will use in
determining whether an action is within
the scope of the CEs.
Dated: March 18, 2024.
Elizabeth Shaw,
Director, Resource Conservation and
Sustainability Division, Office of Resource
Conservation and Recovery, Office of Land
and Emergency Management.
[FR Doc. 2024–06051 Filed 3–21–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11826–01–OW]
Notice of Public Meeting of the
Environmental Financial Advisory
Board (EFAB) With Webcast
Environmental Protection
Agency (EPA).
ACTION: Notice of public meeting.
AGENCY:
The Environmental Protection
Agency (EPA) announces a public
meeting with a webcast of the
Environmental Financial Advisory
Board (EFAB). The meeting will be
shared in real-time via webcast and
public comments may be provided in
writing in advance or virtually via
webcast. Please see SUPPLEMENTARY
INFORMATION for further details. The
purpose of the meeting will be for the
EFAB to discuss current advisory
charges, provide updates on previous
EFAB deliverables, and to learn more
about the Administration’s
infrastructure investment opportunities.
The meeting will be conducted in a
hybrid format of in-person and virtual
via webcast.
DATES: The meeting will be held on:
1. April 10, 2024, from 9 a.m. to 12
p.m. Eastern Time;
2. April 11, 2024, from 9 a.m. to 4
p.m. Eastern Time; and
3. April 12, 2024, from 9 a.m. to 12
p.m. Eastern Time.
ADDRESSES:
In-Person: Residence Inn by Marriott
Arlington Capital View, 2850 South
Potomac Avenue, Arlington, VA 22202.
Webcast: Information to access the
webcast will be provided upon
registration in advance of the meeting.
FOR FURTHER INFORMATION CONTACT: Any
member of the public who wants
information about the meeting may
contact Tara Johnson via telephone/
voicemail at (202) 809–7368 or email to
efab@epa.gov. General information
concerning the EFAB is available at
www.epa.gov/waterfinancecenter/efab.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Background: The EFAB is an EPA
advisory committee chartered under the
Federal Advisory Committee Act
(FACA), 5 U.S.C. app. 2, to provide
advice and recommendations to EPA on
innovative approaches to funding
environmental programs, projects, and
activities. Administrative support for
the EFAB is provided by the Water
Infrastructure and Resiliency Finance
Center within EPA’s Office of Water.
Pursuant to FACA and EPA policy,
notice is hereby given that the EFAB
will hold a public meeting with a
webcast for the following purposes:
(1) Discuss potential future EFAB
charges;
(2) Provide updates on recent EFAB
deliverables; and
(3) Learn more about the
Administration’s infrastructure
investment opportunities.
Registration for the Meeting: To
register for the meeting, please visit
www.epa.gov/waterfinancecenter/
efab#meeting. Interested persons who
wish to attend the meeting must register
by April 3, 2024, to attend in person or
by April 8, 2024, to attend via webcast.
Pre-registration is strongly encouraged.
In the event the meeting cannot be held,
an announcement will be made on the
EFAB website at www.epa.gov/
waterfinancecenter/efab and all
registered attendees will be notified.
Availability of Meeting Materials:
Meeting materials, including the
meeting agenda and briefing materials,
will be available on EPA’s website at
www.epa.gov/waterfinancecenter/efab.
Procedures for Providing Public Input:
Public comment for consideration by
EPA’s Federal advisory committees has
a different purpose from public
comment provided to EPA program
offices. Therefore, the process for
submitting comments to a Federal
advisory committee is different from the
process used to submit comments to an
EPA program office. Federal advisory
committees provide independent advice
to EPA. Members of the public may
submit comments on matters being
considered by the EFAB for
consideration as the Board develops its
advice and recommendations to EPA.
Oral Statements: In general,
individuals or groups requesting an oral
presentation at a public meeting will be
limited to three minutes each. Persons
interested in providing oral statements
at the April 2024 meeting should
register in advance and provide
notification, as noted in the registration
confirmation, by April 3, 2024, to be
placed on the list of registered speakers.
Written Statements: Written
statements should be received by April
E:\FR\FM\22MRN1.SGM
22MRN1
Agencies
[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Notices]
[Pages 20470-20472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06051]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL OP-OFA-116]
Notice of Adoption of Department of Energy Categorical Exclusion
Under the National Environmental Policy Act
AGENCY: Environmental Protection Agency.
ACTION: Notice of adoption of categorical exclusions.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is adopting two
categorical exclusions (CEs) from the Department of Energy (DOE) under
the National Environmental Policy Act (NEPA) for drop-off, collection,
and transfer facilities for recyclable materials and for installation
or relocation of machinery and equipment, to use in EPA's programs and
in funding opportunities administered by EPA. This notice describes the
categories of proposed actions for which EPA intends to use DOE's CEs
and describes the consultation between the agencies.
DATES: This action is effective upon publication.
FOR FURTHER INFORMATION CONTACT: Dan Halpert, EPA Solid Waste
Infrastructure for Recycling Program, by phone at 202-566-0816 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
NEPA and CEs
The National Environmental Policy Act, as amended at, 42 U.S.C.
4321-4347 (NEPA), requires all Federal agencies to assess the
environmental impact of their actions. Congress enacted NEPA in order
to encourage productive and enjoyable harmony between humans and the
environment, recognizing the profound impact of human activity and the
critical importance of restoring and maintaining environmental quality
to the overall welfare of humankind. 42 U.S.C. 4321, 4331. NEPA's twin
aims are to ensure agencies consider the environmental effects of their
proposed actions in their decision-making processes and inform and
involve the public in that process. 42 U.S.C. 4331. NEPA created the
Council on Environmental Quality (CEQ), which promulgated NEPA
implementing regulations, 40 CFR parts 1500 through 1508 (CEQ
regulations).
To comply with NEPA, agencies determine the appropriate level of
review--an environmental impact statement (EIS), environmental
assessment (EA), or CE. 42 U.S.C. 4336. If a proposed action is likely
to have significant environmental effects, the agency must prepare an
EIS and document its decision in a record of decision. 42 U.S.C. 4336.
If the proposed action is not likely to have significant environmental
effects or the effects are unknown, the agency may instead prepare an
EA, which involves a more concise analysis and process than an EIS. 42
U.S.C. 4336. Following the EA, the agency may conclude the process with
a finding of no significant impact if the analysis shows that the
action will have no significant effects. If the analysis in the EA
finds that the action is likely to have significant effects, however,
then an EIS is required.
Under NEPA and the CEQ regulations, a Federal agency also can
establish CEs--categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment--in its agency NEPA procedures. 42 U.S.C. 4336(e)(1); 40
CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a
CE covers a proposed action, it then evaluates the proposed action for
extraordinary circumstances in which a normally excluded action may
have a significant effect. 40 CFR 1501.4(b). If no extraordinary
circumstances are present or if further analysis determines that the
extraordinary circumstances do not involve the potential for
significant environmental effects, the agency may apply the CE to the
proposed action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2),
40 CFR 1501.4. If the extraordinary circumstances have the potential to
result in significant effects, the agency is required to prepare an EA
or EIS.
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' and use another
agency's CEs for a category of proposed agency actions. 42 U.S.C.
4336(c). To use another agency's CEs under section 109, the adopting
agency must identify the relevant CEs listed in another agency's
(``establishing agency'') NEPA procedures that cover the adopting
agency's category of proposed actions or related actions; consult with
the establishing agency to ensure that the proposed adoption of the CE
to a category of actions is appropriate; identify to the public the CE
that the adopting agency plans to use for its proposed actions; and
document adoption of the CE. Id. This notice describes EPA's adoption
of DOE's CEs under section 109 of NEPA to use in EPA's program and in
funding opportunities administered by EPA.
EPA's Program
EPA intends to use DOE's recycling facilities and equipment
installation CEs in EPA's program and in funding opportunities,
including those administered by the EPA Solid Waste Infrastructure for
Recycling (SWIFR) Program.
The SWIFR Program provides funding to eligible entities to
implement the National Recycling Strategy to improve post-consumer
materials management and infrastructure; support improvements to local
post-consumer materials management and recycling programs; and assist
local waste management authorities in making improvements to local
waste management systems. The SWIFR program funds projects for the
siting, construction, modification, and operation of recycling or
compostable material drop-off, collection, and transfer station
facilities. Funding administered by the SWIFR program may also be used
at these recycling, reuse, composting, or other waste management
facilities for the installation or relocation and operation of
machinery and equipment, such as crushers, shredders, sorters, and
baling equipment. EPA also intends to use the DOE CEs adopted through
this notice for activities administered under other EPA programs that
meet this description of SWIFR program activities.
II. Identification of the Categorical Exclusions
EPA is adopting two CEs from DOE for drop-off, collection, and
transfer facilities for recyclable materials and for the installation
or relocation of machinery and equipment.
DOE's CE for recycling facilities is codified in DOE's NEPA
procedures as CE B1.35 of 10 CFR part 1021, subpart D, appendix B, as
follows:
B1.35 Drop-Off, Collection, and Transfer Facilities for
Recyclable Materials. The siting, construction, modification, and
operation of recycling or compostable material drop-off, collection,
and transfer stations on or contiguous to a previously disturbed or
developed area and in an area where such a facility would be
consistent with existing zoning requirements. The stations would
[[Page 20471]]
have appropriate facilities and procedures established in accordance
with applicable requirements for the handling of recyclable or
compostable materials and household hazardous waste (such as paint
and pesticides). Except as specified above, the collection of
hazardous waste for disposal and the processing of recyclable or
compostable materials are not included in this class of actions.
DOE's CE for equipment installation or relocation is codified in
DOE's NEPA procedures as CE B1.31 of 10 CFR part 1021, subpart D,
appendix B, as follows:
B1.31 Installation or Relocation of Machinery and Equipment.
Installation or relocation and operation of machinery and equipment
(including, but not limited to, laboratory equipment, electronic
hardware, manufacturing machinery, maintenance equipment, and health
and safety equipment), provided that uses of the installed or
relocated items are consistent with the general missions of the
receiving structure. Covered actions include modifications to an
existing building, within or contiguous to a previously disturbed or
developed area, that are necessary for equipment installation and
relocation. Such modifications would not appreciably increase the
footprint or height of the existing building or have the potential
to cause significant changes to the type and magnitude of
environmental impacts.
``Previously disturbed or developed'' refers to land that has been
changed such that its functioning ecological processes have been and
remain altered by human activity. The phrase encompasses areas that
have been transformed from natural cover to nonnative species or a
managed state, including, but not limited to, utility and electric
power transmission corridors and rights-of-way, and other areas where
active utilities and currently used roads are readily available. 10 CFR
1021.410(g)(1).
The DOE CEs also include additional conditions referred to as
integral elements (10 CFR part 1021, subpart D, appendix B). In order
to apply these CEs, the proposal must be one that would not:
(1) Threaten a violation of applicable statutory, regulatory, or
permit requirements for environment, safety, and health, or similar
requirements of EPA \1\ or Executive orders;
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\1\ Modified from 10 CFR part 1021 subpart D, app. B to reflect
EPA as the adopting agency.
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(2) Require siting and construction or major expansion of waste
storage, disposal, recovery, or treatment facilities (including
incinerators), but the proposal may include categorically excluded
waste storage, disposal, recovery, or treatment actions or facilities;
(3) Disturb hazardous substances, pollutants, contaminants, or
CERCLA excluded petroleum and natural gas products that preexist in the
environment such that there would be uncontrolled or unpermitted
releases;
(4) Have the potential to cause significant impacts on
environmentally sensitive resources. An environmentally sensitive
resource is typically a resource that has been identified as needing
protection through Executive Order, statute, or regulation by Federal,
State, or local government, or a federally recognized Indian Tribe. An
action may be categorically excluded if, although sensitive resources
are present, the action would not have the potential to cause
significant impacts on those resources (such as construction of a
building with its foundation well above a sole-source aquifer or upland
surface soil removal on a site that has wetlands). Environmentally
sensitive resources include, but are not limited to:
(i) Property (such as sites, buildings, structures, and objects) of
historic, archeological, or architectural significance designated by a
Federal, State, or local government, federally recognized Indian Tribe,
or Native Hawaiian organization, or property determined to be eligible
for listing on the National Register of Historic Places;
(ii) Federally listed threatened or endangered species or their
habitat (including critical habitat) or federally proposed or candidate
species or their habitat (Endangered Species Act); State listed or
State-proposed endangered or threatened species or their habitat;
federally-protected marine mammals and Essential Fish Habitat (Marine
Mammal Protection Act; Magnuson-Stevens Fishery Conservation and
Management Act); and otherwise federally-protected species (such as the
Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act);
(iii) Floodplains and wetlands;
(iv) Areas having a special designation such as federally and State
designated wilderness areas, national parks, national monuments,
national natural landmarks, wild and scenic rivers, State and Federal
wildlife refuges, scenic areas (such as National Scenic and Historic
Trails or National Scenic Areas), and marine sanctuaries;
(v) Prime or unique farmland, or other farmland of statewide or
local importance, as defined at 7 CFR 658.2(a), ``Farmland Protection
Policy Act: Definitions,'' or its successor;
(vi) Special sources of water (such as sole-source aquifers,
wellhead protection areas, and other water sources that are vital in a
region); and
(vii) Tundra, coral reefs, or rain forests; or
(5) Involve genetically engineered organisms, synthetic biology,
governmentally designated noxious weeds, or invasive species, unless
the proposed activity would be contained or confined in a manner
designed and operated to prevent unauthorized release into the
environment and conducted in accordance with applicable requirements,
such as those of the Department of Agriculture, EPA, and the National
Institutes of Health.
Proposed EPA Category of Actions
EPA intends to apply CE B1.35 to support proposals for the siting,
construction, modification, and operation of recycling or compostable
material drop-off, collection, and transfer station projects.
Activities under this CE may be undertaken directly by EPA or be
financed in whole or in part through Federal funding opportunities,
including those administered by the SWIFR Program. The siting,
construction, modification, and operation of drop-off, collection, and
transfer stations must be on or contiguous to a previously disturbed or
developed area, in an area where such a facility would be consistent
with existing zoning requirements, and the stations would have
appropriate facilities and procedures established in accordance with
applicable requirements for the handling of recyclable or compostable
materials and households hazardous waste (such as paint and
pesticides). EPA will also review each proposal for the limitations in
applying the CE to ensure that the proposal is within the scope of the
CE and will not involve the collection of hazardous waste for disposal
or the processing of recyclable or compostable materials.
EPA intends to apply CE B1.31 to support proposals for the
installation or relocation of machinery and equipment, such as
crushers, shredders, sorters, and baling equipment, at recycling,
reuse, composting, or other waste management facilities administered
under the SWIFR Program and for similar activities undertaken directly
by EPA or financed in whole or in part through Federal funding
opportunities. EPA will consider each proposal for the installation or
relocation and operation of machinery and equipment to ensure that uses
of the installed or relocated machinery and equipment are consistent
with the general mission of the receiving structure. For proposals
requiring modifications to an existing building, within or contiguous
to a previously disturbed or developed area,
[[Page 20472]]
that are necessary for the equipment installation and relocation, EPA
will review each proposal to ensure that such modifications are within
the scope of the CE and would not appreciably increase the footprint or
height of the existing building or have the potential to cause
significant changes to the type and magnitude of environmental impacts.
III. Consideration of Extraordinary Circumstances
When applying these CEs, EPA will evaluate the proposed action to
ensure consideration of the integral elements listed above. In
addition, in considering extraordinary circumstances, EPA will consider
whether the proposed action has the potential to result in significant
effects as described in DOE's extraordinary circumstances listed at 10
CFR 1021.410(b)(2). DOE defines extraordinary circumstances as unique
situations presented by specific proposals, including, but not limited
to, scientific controversy about the environmental effects of the
proposal; uncertain effects or effects involving unique or unknown
risks; and unresolved conflicts concerning alternative uses of
available resources. In addition, EPA will consider its list of
extraordinary circumstances as described at 40 CFR 6.204(b).
IV. Consultation With DOE and Determination of Appropriateness
EPA and DOE consulted on the appropriateness of EPA's adoption of
the CEs in December 2023. EPA and DOE's consultation included a review
of DOE's experience developing and applying the CEs, as well as the
types of actions for which EPA plans to utilize the CEs. These EPA
actions are very similar to the type of projects for which DOE has
applied the CEs and therefore the effects of EPA projects will be very
similar to the effects of DOE projects, which are not significant,
absent extraordinary circumstances. Therefore, EPA has determined that
its proposed use of the CE for the Drop-off, Collection, and Transfer
Facilities for Recyclable Materials and the CE for Installation or
Relocation of Machinery and Equipment as described in this notice are
appropriate.
V. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document EPA's
adoption of DOE's CEs for B1.35 Drop-off, Collection, and Transfer
Facilities for Recyclable Materials and for B1.31 Installation or
Relocation of Machinery and Equipment. This notice identifies the types
of actions to which EPA will apply the CEs, as well as the
considerations that EPA will use in determining whether an action is
within the scope of the CEs.
Dated: March 18, 2024.
Elizabeth Shaw,
Director, Resource Conservation and Sustainability Division, Office of
Resource Conservation and Recovery, Office of Land and Emergency
Management.
[FR Doc. 2024-06051 Filed 3-21-24; 8:45 am]
BILLING CODE 6560-50-P