Notice of Adoption of Electric Vehicle Charging Stations Categorical Exclusion Under the National Environmental Policy Act, 55933-55934 [2024-14911]

Download as PDF Federal Register / Vol. 89, No. 130 / Monday, July 8, 2024 / Notices be available for public inspection on regulations.gov. Mary Hyde, Director, Office of Research and Evaluation. [FR Doc. 2024–14795 Filed 7–5–24; 8:45 am] BILLING CODE 6050–28–P DEPARTMENT OF DEFENSE Office of the Secretary Notice of Adoption of Electric Vehicle Charging Stations Categorical Exclusion Under the National Environmental Policy Act Defense Threat Reduction Agency (DTRA), Department of Defense (DoD). ACTION: Notice of adoption of categorical exclusion. AGENCY: DTRA is adopting the Department of Energy’s (DOE’s) Electric Vehicle (EV) Charging Stations Categorical Exclusion (CE) under the National Environmental Policy Act (NEPA) to use in DTRA programs and funding opportunities administered by DTRA. This notice describes the categories of proposed actions for which DTRA intends to use DOE’s CEs and describes the consultation between the agencies. FOR FURTHER INFORMATION CONTACT: Ms. Sherry Davis, 703–767–7122, sherry.j.davis3.civ@mail.mil. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES I. Background National Environmental Policy Act and Categorical Exclusions The NEPA, as amended at 42 U.S.C. 4321–4347, requires all Federal agencies to assess the environmental impact of their actions. Congress enacted NEPA in order to encourage productive and enjoyable harmony between humans and the environment, recognizing the profound impact of human activity and the critical importance of restoring and maintaining environmental quality to the overall welfare of humankind (42 U.S.C. 4321, 4331). NEPA’s twin aims are to ensure agencies consider the environmental effects of their proposed actions in their decision-making processes and inform and involve the public in that process (42 U.S.C. 4331). NEPA created the Council on Environmental Quality (CEQ), which promulgated NEPA implementing regulations, 40 CFR parts 1500 through 1508 (CEQ regulations). To comply with NEPA, agencies determine the appropriate level of review—an Environmental Impact VerDate Sep<11>2014 16:22 Jul 05, 2024 Jkt 262001 Statement (EIS), Environmental Assessment (EA), or CE (42 U.S.C. 4336). If a proposed action is likely to have significant environmental effects, the agency must prepare an EIS and document its decision in a record of decision (42 U.S.C. 4336). If the proposed action is not likely to have significant environmental effects or the effects are unknown, the agency may instead prepare an EA, which involves a more concise analysis and process than an EIS (42 U.S.C. 4336). Following the EA, the agency may conclude the process with a finding of no significant impact if the analysis shows that the action will have no significant effects. If the analysis in the EA finds that the action is likely to have significant effects, however, then an EIS is required. Under NEPA and the CEQ regulations, a Federal agency also can establish CEs—categories of actions that the agency has determined normally do not significantly affect the quality of the human environment—in their agency NEPA procedures (42 U.S.C. 4336(e)(1); 40 CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an agency determines that a CE covers a proposed action, it then evaluates the proposed action for extraordinary circumstances in which a normally excluded action may have a significant effect (40 CFR 1501.4(b)). If no extraordinary circumstances are present or if further analysis determines that the extraordinary circumstances do not involve the potential for significant environmental impacts, the agency may apply the CE to the proposed action without preparing an EA or EIS (42 U.S.C. 4336(a)(2), 40 CFR 1501.4). If the extraordinary circumstances have the potential to result in significant effects, the agency is required to prepare an EA or EIS. Section 109 of NEPA, enacted as part of the Fiscal Responsibility Act of 2023, allows a Federal agency to ‘‘adopt’’ or use another agency’s CEs for a category of proposed agency actions (42 U.S.C. 4336(c)). To use another agency’s CEs under section 109, an agency must identify the relevant CEs listed in another agency’s (‘‘establishing agency’’) NEPA procedures that cover its category of proposed actions or related actions; consult with the establishing agency to ensure that the proposed adoption of the CE to a category of actions is appropriate; identify to the public the CE that the agency plans to use for its proposed actions; and document adoption of the CE. This notice documents DTRA’s adoption of DOE’s Electric Vehicle Charging Stations CE under section 109 of NEPA to use in DTRA programs and PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 55933 funding opportunities administered by DTRA Operating Administrations. II. Identification of the Categorical Exclusion DOE’s EV Charging Stations CE DOE’s EV charging stations CE is codified in DOE’s NEPA procedures at 10 CFR part 1021, subpart D, appendix B, B5.23. DOE provides clarification on the meaning of the phrase, ‘‘previously disturbed or developed’’ used in the CE B5.23 at 10 CFR 1021.410(g)(1). The DOE CE also includes additional conditions referred to as integral elements at 10 CFR part 1021, subpart D, appendix B that should be considered in order to apply the CE. Proposed DTRA Category of Actions DTRA intends to apply this CE to any DTRA EV charging station project undertaken directly by DTRA, to any EV charger action requiring an approval by DTRA, or to any project that is financed in whole or in part through Federal funds made available by DTRA (including the National Electric Vehicle Infrastructure Formula Program or the Charging and Fueling Infrastructure Discretionary Grant Program). The CE allows for the installation, modification, operation, and removal of EV charging stations. DTRA will consider each proposal for EV charging stations to ensure that the proposal is within the scope of the CE. DTRA intends to apply this CE in a manner consistent with DOE’s application—to the same types of proposals (which have included a wide variety of locations on and off Federal property, differences in local conditions, various numbers of EV charging stations per proposal, and different types of equipment and technologies including Level 1, Level 2, and DC Fast Charging stations). III. Consideration of Extraordinary Circumstances When applying this CE, DTRA will evaluate the proposals to ensure evaluation of integral elements listed in the DOE’s NEPA procedures at 10 CFR part 1021, subpart D, appendix B. In addition, when considering extraordinary circumstances, DTRA will consider whether the proposed action has the potential to result in significant effects as described at 10 CFR 1021.410(b)(2). IV. Consultation With DOE and Determination of Appropriateness DTRA and DOE consulted on the appropriateness of DTRA’s adoption of the CE on September 26, 2023. DTRA and DOE’s consultation included a review of DOE’s experience developing E:\FR\FM\08JYN1.SGM 08JYN1 55934 Federal Register / Vol. 89, No. 130 / Monday, July 8, 2024 / Notices and applying the CE, as well as the types of actions for which DTRA plans to utilize the CE. These DTRA actions are very similar to the type of projects that DOE funds and therefore the impacts of DTRA projects will be very similar to the impacts of DOE projects, which are not significant, absent the existence of extraordinary circumstances that could involve potentially significant impacts. Therefore, DTRA has determined that its proposed use of the CE as described in this notice would be appropriate. Additional documentation of DOE and DTRA’s consultation is available upon request. V. Notice to the Public and Documentation of Adoption This notice serves to identify to the public and document DTRA’s adoption of DOE’s CE for EV charging stations. The notice identifies the types of actions to which DTRA will apply the CE, as well as the considerations that DTRA will use in determining whether an action is within the scope of the CE. Dated: July 2, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2024–14911 Filed 7–5–24; 8:45 am] BILLING CODE 6001–FR–P DEPARTMENT OF ENERGY RIN 1901–AB55 Request for Information Regarding the Advanced Technology Vehicles Manufacturing Loan Program; Reopening of Comment Period Loan Programs Office, Department of Energy. ACTION: Request for information (‘‘RFI’’); reopening of public comment period. AGENCY: The Loan Programs Office (‘‘LPO’’) of the Department of Energy (‘‘DOE’’) is seeking public input to inform its implementation of the Inflation Reduction Act of 2022 provisions relating to the Advanced Technology Vehicles Manufacturing Loan Program (the ‘‘ATVM Program’’). On May 29, 2024, DOE published an RFI on these subjects. The RFI provided an opportunity for submitting written comments, data, and information no later than June 28, 2024. DOE received requests for an extension of the public comment period for an additional two weeks. DOE has reviewed these requests and is reopening the public comment period for 14 days to allow comments to be submitted. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:22 Jul 05, 2024 Jkt 262001 The comment period for the RFI published on May 29, 2024 (89 FR 46378), which closed on June 28, 2024, is reopened. DOE will accept comments, data, and information regarding the RFI received no later than July 22, 2024. ADDRESSES: Interested persons are encouraged to submit comments, identified by ‘‘ATVM Program RFI,’’ by any of the following methods: Email: lpofederalregistercomments@ hq.doe.gov. Include ‘‘ATVM Program RFI’’ in the subject line of the message. Email attachments can be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, prepared in accordance with the detailed instructions in section III of the May 29, 2024 RFI, which can be found at: https://www.federalregister.gov/d/ 2024-11723. Postal Mail: Loan Programs Office, Attn: LPO Legal Department, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585–0121. Please submit one signed original paper copy. Due to potential delays in DOE’s receipt and processing of mail sent through the U.S. Postal Service, we encourage respondents to submit comments electronically to ensure timely receipt. FOR FURTHER INFORMATION CONTACT: Steven Westhoff, Attorney-Adviser, Loan Programs Office, email: steven.westhoff@hq.doe.gov, or phone: (240) 220–4994. SUPPLEMENTARY INFORMATION: On May 29, 2024, DOE published an RFI initiating a review to consider whether and how to amend DOE’s ATVM Program regulations at 10 CFR part 611. 89 FR 46378. In the RFI, DOE identified certain programmatic and procedural issues on which it is interested in receiving comment. These issues include implementation of new categories of advanced technology vehicles and incorporation of community jobs and justice goals in the ATVM Program application process. The RFI set a comment period deadline of June 28, 2024. Certain interested parties requested a two-week extension of the public comment period to respond appropriately to the RFI with considered comments regarding future implementation and administration of the ATVM Program. DOE anticipates that reopening the public comment period will enable additional stakeholders to submit valuable comments in response to the RFI. DOE has determined that reopening the public comment period is appropriate to allow interested parties additional time to submit comments for DATES: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 DOE’s consideration. Thus, DOE is reopening the comment period for 14 days. Signing Authority This document of the Department of Energy was signed on July 1, 2024, by Jigar Shah, Executive Director, Loan Programs Office, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on July 1, 2024. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2024–14778 Filed 7–5–24; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Environmental Management SiteSpecific Advisory Board, Northern New Mexico Office of Environmental Management, Department of Energy. ACTION: Notice of open meeting. AGENCY: This notice announces an inperson/virtual hybrid meeting of the Environmental Management SiteSpecific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register. DATES: Wednesday, July 31, 2024; 1–5 p.m. MDT. ADDRESSES: Ohkay Owingeh Conference Center, 68 New Mexico 291, San Juan, New Mexico 87566. This hybrid meeting will be open to the public in person and via WebEx. To attend virtually, please contact the Northern New Mexico Citizens Advisory Board (NNMCAB) Executive Director (below) no later than 5 p.m. MDT on Friday, July 26, 2024. FOR FURTHER INFORMATION CONTACT: Bridget Maestas, NNMCAB Executive Director, by Phone: (505) 709–7466 or Email: bridget.maestas@em.doe.gov. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to provide advice and SUMMARY: E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

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


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DEPARTMENT OF DEFENSE

Office of the Secretary


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

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

ACTION: Notice of adoption of categorical exclusion.

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

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

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

SUPPLEMENTARY INFORMATION:

I. Background

National Environmental Policy Act and Categorical Exclusions

    The NEPA, as amended at 42 U.S.C. 4321-4347, requires all Federal 
agencies to assess the environmental impact of their actions. Congress 
enacted NEPA in order to encourage productive and enjoyable harmony 
between humans and the environment, recognizing the profound impact of 
human activity and the critical importance of restoring and maintaining 
environmental quality to the overall welfare of humankind (42 U.S.C. 
4321, 4331). NEPA's twin aims are to ensure agencies consider the 
environmental effects of their proposed actions in their decision-
making processes and inform and involve the public in that process (42 
U.S.C. 4331). NEPA created the Council on Environmental Quality (CEQ), 
which promulgated NEPA implementing regulations, 40 CFR parts 1500 
through 1508 (CEQ regulations).
    To comply with NEPA, agencies determine the appropriate level of 
review--an Environmental Impact Statement (EIS), Environmental 
Assessment (EA), or CE (42 U.S.C. 4336). If a proposed action is likely 
to have significant environmental effects, the agency must prepare an 
EIS and document its decision in a record of decision (42 U.S.C. 4336). 
If the proposed action is not likely to have significant environmental 
effects or the effects are unknown, the agency may instead prepare an 
EA, which involves a more concise analysis and process than an EIS (42 
U.S.C. 4336). Following the EA, the agency may conclude the process 
with a finding of no significant impact if the analysis shows that the 
action will have no significant effects. If the analysis in the EA 
finds that the action is likely to have significant effects, however, 
then an EIS is required.
    Under NEPA and the CEQ regulations, a Federal agency also can 
establish CEs--categories of actions that the agency has determined 
normally do not significantly affect the quality of the human 
environment--in their agency NEPA procedures (42 U.S.C. 4336(e)(1); 40 
CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an agency determines that 
a CE covers a proposed action, it then evaluates the proposed action 
for extraordinary circumstances in which a normally excluded action may 
have a significant effect (40 CFR 1501.4(b)). If no extraordinary 
circumstances are present or if further analysis determines that the 
extraordinary circumstances do not involve the potential for 
significant environmental impacts, the agency may apply the CE to the 
proposed action without preparing an EA or EIS (42 U.S.C. 4336(a)(2), 
40 CFR 1501.4). If the extraordinary circumstances have the potential 
to result in significant effects, the agency is required to prepare an 
EA or EIS.
    Section 109 of NEPA, enacted as part of the Fiscal Responsibility 
Act of 2023, allows a Federal agency to ``adopt'' or use another 
agency's CEs for a category of proposed agency actions (42 U.S.C. 
4336(c)). To use another agency's CEs under section 109, an agency must 
identify the relevant CEs listed in another agency's (``establishing 
agency'') NEPA procedures that cover its category of proposed actions 
or related actions; consult with the establishing agency to ensure that 
the proposed adoption of the CE to a category of actions is 
appropriate; identify to the public the CE that the agency plans to use 
for its proposed actions; and document adoption of the CE.
    This notice documents DTRA's adoption of DOE's Electric Vehicle 
Charging Stations CE under section 109 of NEPA to use in DTRA programs 
and funding opportunities administered by DTRA Operating 
Administrations.

II. Identification of the Categorical Exclusion

DOE's EV Charging Stations CE

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

Proposed DTRA Category of Actions

    DTRA intends to apply this CE to any DTRA EV charging station 
project undertaken directly by DTRA, to any EV charger action requiring 
an approval by DTRA, or to any project that is financed in whole or in 
part through Federal funds made available by DTRA (including the 
National Electric Vehicle Infrastructure Formula Program or the 
Charging and Fueling Infrastructure Discretionary Grant Program).
    The CE allows for the installation, modification, operation, and 
removal of EV charging stations. DTRA will consider each proposal for 
EV charging stations to ensure that the proposal is within the scope of 
the CE. DTRA intends to apply this CE in a manner consistent with DOE's 
application--to the same types of proposals (which have included a wide 
variety of locations on and off Federal property, differences in local 
conditions, various numbers of EV charging stations per proposal, and 
different types of equipment and technologies including Level 1, Level 
2, and DC Fast Charging stations).

III. Consideration of Extraordinary Circumstances

    When applying this CE, DTRA will evaluate the proposals to ensure 
evaluation of integral elements listed in the DOE's NEPA procedures at 
10 CFR part 1021, subpart D, appendix B. In addition, when considering 
extraordinary circumstances, DTRA will consider whether the proposed 
action has the potential to result in significant effects as described 
at 10 CFR 1021.410(b)(2).

IV. Consultation With DOE and Determination of Appropriateness

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

[[Page 55934]]

and applying the CE, as well as the types of actions for which DTRA 
plans to utilize the CE. These DTRA actions are very similar to the 
type of projects that DOE funds and therefore the impacts of DTRA 
projects will be very similar to the impacts of DOE projects, which are 
not significant, absent the existence of extraordinary circumstances 
that could involve potentially significant impacts. Therefore, DTRA has 
determined that its proposed use of the CE as described in this notice 
would be appropriate. Additional documentation of DOE and DTRA's 
consultation is available upon request.

V. Notice to the Public and Documentation of Adoption

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

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

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