Adoption of Categorical Exclusions from the Department of Energy Under the National Environmental Policy Act, 102141-102144 [2024-29608]
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R05–SFUND–2024–0439; FRL 12259–
01–R5]
Request for Public Comment on
Settlement Agreement for Licking
Chemical Spill Site, Licking County,
Ohio
Environmental Protection
Agency (EPA).
ACTION: Notice; request for public
comment.
AGENCY:
In accordance with the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, as amended (‘‘CERCLA’’),
notice is hereby given by the U.S.
Environmental Protection Agency
(‘‘EPA’’), Region 5, of a proposed
administrative settlement for recovery of
past response costs concerning the
Licking Chemical Spill Site (Site) in
Licking County, Ohio with William H.
Trucking, LLC, as the Settling Party and
Respondent.
DATES: Comments must be received on
or before January 16, 2025.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R05–
SFUND–2024–0439, by the following
method:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Don
Schwer, Enforcement Investigator,
Superfund & Emergency Management
Division, Region 5, EPA, 77 West
Jackson Blvd. (SE–5J); telephone
number: 312–353–8752; email address:
schwer.don@epa.gov.
SUPPLEMENTARY INFORMATION: The
settlement requires the Respondent to
pay $300,000 in past response costs.
The settlement includes a covenant not
to sue pursuant to sections 107(a) of
CERCLA, 42 U.S.C. 9607(a), relating to
the Site, subject to limited reservations,
and protection from contribution
actions or claims as provided by section
113(f)(2) of CERCLA, 42 U.S.C.
9613(f)(2). For thirty (30) days following
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SUMMARY:
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the date of publication of this notice,
EPA will receive written comments
relating to this settlement. EPA will
consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations that
indicate that the proposed settlement is
inappropriate, improper, or inadequate.
EPA’s response to any comments
received will be available for public
inspection at https://response.epa.gov/
LickingChemicalSpill.
A. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R05–SFUND–2024–
0439, at https://www.regulations.gov
(our preferred method), or the other
methods identified in the ADDRESSES
section. Once submitted, comments
cannot be edited or removed from the
docket. The EPA may publish any
comment received to its public docket.
Do not submit to EPA’s docket at
https://www.regulations.gov any
information you consider to be
Confidential Business Information (CBI),
Proprietary Business Information (PBI),
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). Please visit
https://www.epa.gov/dockets/
commenting-epa-dockets for additional
submission methods; the full EPA
public comment policy; information
about CBI, PBI, or multimedia
submissions; and general guidance on
making effective comments.
Douglas Ballotti,
Director, Superfund & Emergency
Management Division, Region 5.
[FR Doc. 2024–29663 Filed 12–16–24; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK
Adoption of Categorical Exclusions
from the Department of Energy Under
the National Environmental Policy Act
Export-Import Bank of the
United States.
ACTION: Notice of adoption of multiple
Categorical Exclusions from the
Department of Energy.
AGENCY:
The Export-Import Bank of
the United States (EXIM) is adopting
SUMMARY:
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102141
multiple categorical exclusions (CEs)
from the agencies as listed: Department
of Energy Ces A9, B1.15, B1.23, B2.1,
B2.2, and B3.1. This notice identifies
the categories of proposed actions and
describes the consultation between the
agencies.
DATES: The Ces identified below are
available for EXIM to use for its
proposed actions effective December 17,
2024.
FOR FURTHER INFORMATION CONTACT:
Scott Condren (VP Policy Analysis),
Scott.Condren@exim.gov, (202) 565–
3777; Tiffin Caverly (VP Engineering &
Environment), Tiffin.Caverly@exim.gov.
SUPPLEMENTARY INFORMATION:
I. Background
NEPA and Ces
The National Environmental Policy
Act, 42 U.S.C. 4321–4347, (NEPA)
requires Federal agencies to interpret
and administer Federal policies,
regulations, and laws in accordance
with NEPA’s policies and to consider
environmental values in their decision
making.
Federal agencies are required to
provide a detailed statement on
proposals for major Federal actions
significantly affecting the quality of the
human environment.1 NEPA also
created the Council of Environmental
Quality (CEQ) as the body responsible
for implementing NEPA.
Categorical exclusions (Ces) can be
used when there is a determination the
proposed type of action would not have
a significant effect on the human
environment; this option eliminates the
need for an environmental assessment
(EA) or more detailed environmental
impact statement (EIS).2 CEQ considers
Ces ‘‘an important mechanism to
promote efficiency in the NEPA
process’’ and recognizes an agency’s
ability to ‘‘identify and substantiate
categories of actions that normally do
not have a significant effect on the
human environment’’.3
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.4 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
1 40
CFR 1500.1.
CFR 1501.4.
3 88 FR 49924.
4 42 U.S.C. 4336c.
2 40
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
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. EXIM has prepared this notice to
meet these statutory requirements.
Program Background
As the official export credit agency of
the United States, ‘‘the mission of the
Export-Import Bank of the United States
is to support the creation of American
jobs by facilitating the export of U.S.
goods and services.’’ The Export–Import
Bank of the United States (EXIM) steps
in when the private sector does not
provide financing for American
businesses. The Bank’s actions have
historically helped support these firms
in competing with foreign businesses
overseas. The Make More in America
(MMIA) initiative applies EXIM’s
authorities for medium and long-term
(MLT) loans, loan guarantees, and
insurance to export-oriented domestic
projects. In doing so, MMIA allows
EXIM to support American business
during the whole export lifecycle. The
purpose of such loans remains
unchanged: to support U.S.
employment.
As EXIM usually lends to projects
outside the United States, NEPA has not
often been applicable as there is no
impact to the human environment in the
United States. In the new MMIA
initiative which focuses on domestic
lending, adopting Ces from another
agency will speed up the processing
time of deals and conserve staff
resources with no need for an EA or EIS.
Faster processing times in this initiative
will greatly facilitate EXIM’s support of
American businesses and workers.
II. Identification of the Categorical
Exclusions
Department of Energy Ces
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A9 Information Gathering, Analysis,
and Dissemination
Information gathering (including, but
not limited to, literature surveys,
inventories, site visits, and audits), data
analysis (including, but not limited to,
computer modeling), document
preparation (including, but not limited
to, conceptual design, feasibility
studies, and analytical energy supply
and demand studies), and information
dissemination (including, but not
limited to, document publication and
distribution, and classroom training and
informational programs), but not
including site characterization or
environmental monitoring. (See also
B3.1 of appendix B to this subpart.)
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B1.15 Supporting Buildings
Siting, construction or modification,
and operation of support buildings and
support structures (including, but not
limited to, trailers and prefabricated and
modular buildings) within or
contiguous to an already developed area
(where active utilities and currently
used roads are readily accessible).
Covered support buildings and
structures include, but are not limited
to, those for office purposes; parking;
cafeteria services; education and
training; visitor reception; computer and
data processing services; health services
or recreation activities; routine
maintenance activities; storage of
supplies and equipment for
administrative services and routine
maintenance activities; security (such as
security posts); fire protection; smallscale fabrication (such as machine shop
activities), assembly, and testing of nonnuclear equipment or components; and
similar support purposes, but exclude
facilities for nuclear weapons activities
and waste storage activities, such as
activities covered in B1.10, B1.29,
B1.35, B2.6, B6.2, B6.4, B6.5, B6.6, and
B6.10 of this appendix.
B1.23 Demolition and Disposal of
Buildings
Demolition and subsequent disposal
of buildings, equipment, and support
structures (including, but not limited to,
smoke stacks and parking lot surfaces),
provided that there would be no
potential for release of substances at a
level, or in a form, that could pose a
threat to public health or the
environment.
B2.1 Workplace Enhancements
Modifications within or contiguous to
an existing structure, in a previously
disturbed or developed area, to enhance
workplace habitability (including, but
not limited to, installation or
improvements to lighting, radiation
shielding, or heating/ventilating/air
conditioning and its instrumentation,
and noise reduction).
B2.2 Building and Equipment
Instrumentation
Installation of, or improvements to,
building and equipment
instrumentation (including, but not
limited to, remote control panels,
remote monitoring capability, alarm and
surveillance systems, control systems to
provide automatic shutdown, fire
detection and protection systems, water
consumption monitors and flow control
systems, announcement and emergency
warning systems, criticality and
radiation monitors and alarms, and
safeguards and security equipment).
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B3.1 Site Characterization and
Environmental Monitoring
Site characterization and
environmental monitoring (including,
but not limited to, siting, construction,
modification, operation, and
dismantlement and removal or
otherwise proper closure (such as of a
well) 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). Such activities would be
designed in conformance with
applicable requirements and use best
management practices to limit the
potential effects of any resultant ground
disturbance. Covered activities include,
but are not limited to, site
characterization and environmental
monitoring under CERCLA and RCRA.
(This class of actions excludes activities
in aquatic environments. See B3.16 of
this appendix for such activities.)
Specific activities include, but are not
limited to:
(a) Geological, geophysical (such as
gravity, magnetic, electrical, seismic,
radar, and temperature gradient),
geochemical, and engineering surveys
and mapping, and the establishment of
survey marks. Seismic techniques
would not include large-scale reflection
or refraction testing;
(b) Installation and operation of field
instruments (such as stream-gauging
stations or flow-measuring devices,
telemetry systems, geochemical
monitoring tools, and geophysical
exploration tools);
(c) Drilling of wells for sampling or
monitoring of groundwater or the
vadose (unsaturated) zone, well logging,
and installation of water-level recording
devices in wells;
(d) Aquifer and underground reservoir
response testing;
(e) Installation and operation of
ambient air monitoring equipment;
(f) Sampling and characterization of
water, soil, rock, or contaminants (such
as drilling using truck- or mobile-scale
equipment, and modification, use, and
plugging of boreholes); 5
(g) Sampling and characterization of
water effluents, air emissions, or solid
waste streams;
(h) Installation and operation of
meteorological towers and associated
activities (such as assessment of
potential wind energy resources);
(i) Sampling of flora or fauna; and
(j) Archeological, historic, and
cultural resource identification in
compliance with 36 CFR part 800 and
43 CFR part 7.
The Department of Energy Ces also
includes additional conditions referred
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to as integral elements. (10 CFR part
1021 subpt. D, app. 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
the Department of Energy or Executive
Orders;
(2) Require siting and construction or
major expansion of waste storage,
disposal, recovery, or treatment
facilities (including incinerators), but
the proposal may include categorically
excluded waste storage, disposal,
recovery, or treatment actions or
facilities;
(3) Disturb hazardous substances,
pollutants, contaminants, or
Comprehensive Environmental
Response, Compensation and Liability
Act-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); statelisted 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);
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(iii) Floodplains and wetlands (as
defined in 10 CFR 1022.4, ‘‘Compliance
with Floodplain and Wetland
Environmental Review Requirements:
Definitions,’’ or its successor);
(iv) Areas having a special
designation such as Federally and Statedesignated wilderness areas, national
parks, national monuments, national
natural landmarks, wild and scenic
rivers, State and Federal wildlife
refuges, scenic areas (such as National
Scenic and Historic Trails or National
Scenic Areas), and marine sanctuaries;
(v) Prime or unique farmland, or other
farmland of statewide or local
importance, as defined at 7 CFR
658.2(a), ‘‘Farmland Protection Policy
Act: Definitions,’’ or its successor;
(vi) Special sources of water (such as
sole-source aquifers, wellhead
protection areas, and other water
sources that are vital in a region); and
(vii) Tundra, coral reefs, or rain
forests; or
(5) Involve genetically engineered
organisms, synthetic biology,
governmentally designated noxious
weeds, or invasive species, unless the
proposed activity would be contained or
confined in a manner designed and
operated to prevent unauthorized
release into the environment and
conducted in accordance with
applicable requirements, such as those
of the Department of Agriculture, the
Environmental Protection Agency, and
the National Institutes of Health.
EXIM intends to apply these
categorical exclusions to loans, loan
guarantees, and insurance transactions.
The scope of projects would be akin to
projects from the Department of
Energy’s Loans Program Office to which
DOE has applied these categorical
exclusions. These include limited
construction, full disposal of buildings,
desk work for feasibility studies, soil
testing, etc. In principle, such
transactions would be similar to those
EXIM’s export finance transactions
deemed a category C under its
environmental and social procedures
and guidelines.5
5 EXIM’s Environmental and Social Due Diligence
Procedures and Guidelines state that ‘‘applications
greater than $10 Million will be classified as
Category C if they are not related to a physical
project or if they relate to projects which do not
require further environmental review because they
are likely to have minimal or no adverse
environmental or social risks or impacts. This
category includes transactions related to new,
expansion or existing projects of the type that have
little or no potential to cause environmental effects
and do not impact sensitive locations.’’ Procedures
and Guidelines | EXIM.GOV.
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102143
III. Consideration of Extraordinary
Circumstances (if Applicable)
In assessing whether a categorical
exclusion applies, EXIM would review
whether there were extraordinary
circumstances that would indicate a
categorical exclusion is not appropriate
due to the potential for a significant
environmental effect. EXIM would
review that proposed actions do not
breach the integral elements of classes
of action in DOE’s regulations (10 CFR
1021, subpart D, appendix B (1)–(5)).
When applying these Ces, EXIM will
consider whether the proposed action
has the potential to result in significant
effects as described in DOE’s definition
of extraordinary circumstances. 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.
10 CFR 1021.410(b)(2).
EXIM’s engineering and environment
division will have responsibility for
determining if a categorical exclusion
applies. These determinations will be
posted at https://www.exim.gov/
policies/exim-bank-and-environment/
make-more-america-initiative-approvedtransactions.
Consultation and Determination of
Appropriateness
Consultations
1. Department of Energy Consultation
In October 2024, EXIM conducted
consultation with the Department of
Energy’s Loans Program Office on
adoption of several CE categories.
Through those consultation and
coordination efforts, DOE and EXIM
mutually agreed that EXIM’s adoption of
CEs A9 (Information gathering, analysis,
and dissemination), B1.15 (Supporting
Buildings), B1.23, (Demolition and
disposal of buildings), B2.1 (Workplace
enhancements), B2.2 (Building and
equipment instrumentation) and
B3.1(site characterization and
environmental monitoring) is
appropriate. This notice documents
EXIM’s adoption of Department of
Energy CEs for such actions.
At the conclusion of that process,
DOE determined that EXIM’s proposed
use of the CE as described in this notice
would be appropriate because the
categories of actions for which EXIM
plans to use the CE are consistent with
the adopted CEs.
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
Notice to the Public and Documentation
of the Adoption
This notice serves to identify to the
public and document EXIM’s adoption
of several CEs from both the Department
of Energy. The notice identifies the
types of actions to which EXIM will
apply the CE, as well as the
considerations that EXIM will use in
determining whether an action is within
the scope of the CE.
Scott Condren,
Vice President, Policy Analysis.
[FR Doc. 2024–29608 Filed 12–16–24; 8:45 am]
BILLING CODE 6690–01–P
Federal Communications Commission.
Peter S. Hyun,
Acting Chief, Enforcement Bureau.
FEDERAL COMMUNICATIONS
COMMISSION
[FR Doc. 2024–29800 Filed 12–16–24; 8:45 am]
[DA 24–1235; FR ID 267996]
BILLING CODE 6712–01–P
In the Matter of 2,411 Robocall
Mitigation Database Filers
FEDERAL ELECTION COMMISSION
Federal Communications
Commission.
ACTION: Notice of Order.
AGENCY:
Sunshine Act Meetings
On December 10, 2024, the
Enforcement Bureau (Bureau) released
an Order directing the 2,411 companies
named in Appendix A to the Order
(each, a Company; collectively, the
Companies) to cure the deficiencies in
each Company’s Robocall Mitigation
Database (RMD) certification and notify
the Bureau that the deficiencies have
been cured, or to file a response
explaining why the Bureau should not
remove the Company’s certification
from the RMD. Each Company’s RMD
certification is deficient because a
robocall mitigation plan was not
provided or the plan lacks newlyrequired information; and the
certification lacks newly-required
information. Removal of a Company’s
certification from the RMD would
require all intermediate providers and
voice service providers to cease
accepting all calls directly from the
Company.
SUMMARY:
Responses are due no later than
December 31, 2024.
ADDRESSES: The responses must be
mailed to the Office of the Secretary,
Federal Communications Commission,
45 L Street NE, Washington, DC 20554,
ATTN: Enforcement Bureau—
Telecommunications Consumers
Division. The responses must also be
emailed to EnforcementBureauTCD@
fcc.gov.
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DATES:
FOR FURTHER INFORMATION CONTACT:
Kristi Thompson, Federal
Communications Commission,
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19:45 Dec 16, 2024
Enforcement Bureau,
Telecommunications Consumers
Division, 45 L Street NE, Washington,
DC 20554 or at kristi.thompson@fcc.gov,
202–418–1318.
SUPPLEMENTARY INFORMATION: The
Bureau adopted the Order pursuant to
sections 4(i), 4(j), 227b, 251(e), and 403
of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 227b,
251(e), and 403, and §§ 0.111, 0.311, 1.1,
and 64.6305 of the Commission’s rules,
47 CFR 0.111, 0.311, 1.1, and 64.6305.
The Order is available here: https://
docs.fcc.gov/public/attachments/DA-241235A1.pdf.
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FEDERAL REGISTER CITATION NOTICE OF
PREVIOUS ANNOUNCEMENT: 89 FR 97617.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Thursday, December 12,
2024 at 10 a.m., Hybrid Meeting: 1050
First Street NE, Washington, DC (12th
Floor) and Virtual.
CHANGES IN THE MEETING: The following
item was also discussed: Statement of
Policy Regarding the Notification of
Respondents in Matters Under Review
Remanded from a Challenge Pursuant to
52 U.S.C. 3019(a)(8).
CONTACT PERSON FOR MORE INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
(Authority: Government in the Sunshine Act,
5 U.S.C. 552b)
Vicktoria J. Allen,
Deputy Secretary of the Commission.
[FR Doc. 2024–30054 Filed 12–13–24; 4:15 pm]
BILLING CODE 6715–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meetings
FEDERAL REGISTER CITATION NOTICE OF
PREVIOUS ANNOUNCEMENT: 89 FR 94730.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Tuesday, December 10,
2024 at 10 a.m. and its continuation at
the conclusion of the open meeting on
December 12, 2024.
CHANGES IN THE MEETING: The meeting
also discussed: Matters relating to
internal personnel decisions, or internal
rules and practices.
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CONTACT PERSON FOR MORE INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
(Authority: Government in the Sunshine Act,
5 U.S.C. 552b)
Vicktoria J. Allen,
Deputy Secretary of the Commission.
[FR Doc. 2024–30051 Filed 12–13–24; 4:15 pm]
BILLING CODE 6715–01–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments received are subject to
public disclosure. In general, comments
received will be made available without
change and will not be modified to
remove personal or business
information including confidential,
contact, or other identifying
information. Comments should not
include any information such as
confidential information that would not
be appropriate for public disclosure.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue, NW,
Washington DC 20551–0001, not later
than January 2, 2025.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414.
Comments can also be sent
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]]>Agencies
[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102141-102144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29608]
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EXPORT-IMPORT BANK
Adoption of Categorical Exclusions from the Department of Energy
Under the National Environmental Policy Act
AGENCY: Export-Import Bank of the United States.
ACTION: Notice of adoption of multiple Categorical Exclusions from the
Department of Energy.
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SUMMARY: The Export-Import Bank of the United States (EXIM) is adopting
multiple categorical exclusions (CEs) from the agencies as listed:
Department of Energy Ces A9, B1.15, B1.23, B2.1, B2.2, and B3.1. This
notice identifies the categories of proposed actions and describes the
consultation between the agencies.
DATES: The Ces identified below are available for EXIM to use for its
proposed actions effective December 17, 2024.
FOR FURTHER INFORMATION CONTACT: Scott Condren (VP Policy Analysis),
[email protected], (202) 565-3777; Tiffin Caverly (VP Engineering
& Environment), [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
NEPA and Ces
The National Environmental Policy Act, 42 U.S.C. 4321-4347, (NEPA)
requires Federal agencies to interpret and administer Federal policies,
regulations, and laws in accordance with NEPA's policies and to
consider environmental values in their decision making.
Federal agencies are required to provide a detailed statement on
proposals for major Federal actions significantly affecting the quality
of the human environment.\1\ NEPA also created the Council of
Environmental Quality (CEQ) as the body responsible for implementing
NEPA.
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\1\ 40 CFR 1500.1.
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Categorical exclusions (Ces) can be used when there is a
determination the proposed type of action would not have a significant
effect on the human environment; this option eliminates the need for an
environmental assessment (EA) or more detailed environmental impact
statement (EIS).\2\ CEQ considers Ces ``an important mechanism to
promote efficiency in the NEPA process'' and recognizes an agency's
ability to ``identify and substantiate categories of actions that
normally do not have a significant effect on the human
environment''.\3\
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\2\ 40 CFR 1501.4.
\3\ 88 FR 49924.
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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.\4\ 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
[[Page 102142]]
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. EXIM has prepared
this notice to meet these statutory requirements.
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\4\ 42 U.S.C. 4336c.
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Program Background
As the official export credit agency of the United States, ``the
mission of the Export-Import Bank of the United States is to support
the creation of American jobs by facilitating the export of U.S. goods
and services.'' The Export-Import Bank of the United States (EXIM)
steps in when the private sector does not provide financing for
American businesses. The Bank's actions have historically helped
support these firms in competing with foreign businesses overseas. The
Make More in America (MMIA) initiative applies EXIM's authorities for
medium and long-term (MLT) loans, loan guarantees, and insurance to
export-oriented domestic projects. In doing so, MMIA allows EXIM to
support American business during the whole export lifecycle. The
purpose of such loans remains unchanged: to support U.S. employment.
As EXIM usually lends to projects outside the United States, NEPA
has not often been applicable as there is no impact to the human
environment in the United States. In the new MMIA initiative which
focuses on domestic lending, adopting Ces from another agency will
speed up the processing time of deals and conserve staff resources with
no need for an EA or EIS. Faster processing times in this initiative
will greatly facilitate EXIM's support of American businesses and
workers.
II. Identification of the Categorical Exclusions
Department of Energy Ces
A9 Information Gathering, Analysis, and Dissemination
Information gathering (including, but not limited to, literature
surveys, inventories, site visits, and audits), data analysis
(including, but not limited to, computer modeling), document
preparation (including, but not limited to, conceptual design,
feasibility studies, and analytical energy supply and demand studies),
and information dissemination (including, but not limited to, document
publication and distribution, and classroom training and informational
programs), but not including site characterization or environmental
monitoring. (See also B3.1 of appendix B to this subpart.)
B1.15 Supporting Buildings
Siting, construction or modification, and operation of support
buildings and support structures (including, but not limited to,
trailers and prefabricated and modular buildings) within or contiguous
to an already developed area (where active utilities and currently used
roads are readily accessible). Covered support buildings and structures
include, but are not limited to, those for office purposes; parking;
cafeteria services; education and training; visitor reception; computer
and data processing services; health services or recreation activities;
routine maintenance activities; storage of supplies and equipment for
administrative services and routine maintenance activities; security
(such as security posts); fire protection; small-scale fabrication
(such as machine shop activities), assembly, and testing of non-nuclear
equipment or components; and similar support purposes, but exclude
facilities for nuclear weapons activities and waste storage activities,
such as activities covered in B1.10, B1.29, B1.35, B2.6, B6.2, B6.4,
B6.5, B6.6, and B6.10 of this appendix.
B1.23 Demolition and Disposal of Buildings
Demolition and subsequent disposal of buildings, equipment, and
support structures (including, but not limited to, smoke stacks and
parking lot surfaces), provided that there would be no potential for
release of substances at a level, or in a form, that could pose a
threat to public health or the environment.
B2.1 Workplace Enhancements
Modifications within or contiguous to an existing structure, in a
previously disturbed or developed area, to enhance workplace
habitability (including, but not limited to, installation or
improvements to lighting, radiation shielding, or heating/ventilating/
air conditioning and its instrumentation, and noise reduction).
B2.2 Building and Equipment Instrumentation
Installation of, or improvements to, building and equipment
instrumentation (including, but not limited to, remote control panels,
remote monitoring capability, alarm and surveillance systems, control
systems to provide automatic shutdown, fire detection and protection
systems, water consumption monitors and flow control systems,
announcement and emergency warning systems, criticality and radiation
monitors and alarms, and safeguards and security equipment).
B3.1 Site Characterization and Environmental Monitoring
Site characterization and environmental monitoring (including, but
not limited to, siting, construction, modification, operation, and
dismantlement and removal or otherwise proper closure (such as of a
well) 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). Such activities would be designed in conformance with
applicable requirements and use best management practices to limit the
potential effects of any resultant ground disturbance. Covered
activities include, but are not limited to, site characterization and
environmental monitoring under CERCLA and RCRA. (This class of actions
excludes activities in aquatic environments. See B3.16 of this appendix
for such activities.) Specific activities include, but are not limited
to:
(a) Geological, geophysical (such as gravity, magnetic, electrical,
seismic, radar, and temperature gradient), geochemical, and engineering
surveys and mapping, and the establishment of survey marks. Seismic
techniques would not include large-scale reflection or refraction
testing;
(b) Installation and operation of field instruments (such as
stream-gauging stations or flow-measuring devices, telemetry systems,
geochemical monitoring tools, and geophysical exploration tools);
(c) Drilling of wells for sampling or monitoring of groundwater or
the vadose (unsaturated) zone, well logging, and installation of water-
level recording devices in wells;
(d) Aquifer and underground reservoir response testing;
(e) Installation and operation of ambient air monitoring equipment;
(f) Sampling and characterization of water, soil, rock, or
contaminants (such as drilling using truck- or mobile-scale equipment,
and modification, use, and plugging of boreholes); 5
(g) Sampling and characterization of water effluents, air
emissions, or solid waste streams;
(h) Installation and operation of meteorological towers and
associated activities (such as assessment of potential wind energy
resources);
(i) Sampling of flora or fauna; and
(j) Archeological, historic, and cultural resource identification
in compliance with 36 CFR part 800 and 43 CFR part 7.
The Department of Energy Ces also includes additional conditions
referred
[[Page 102143]]
to as integral elements. (10 CFR part 1021 subpt. D, app. 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 the Department of Energy or Executive Orders;
(2) Require siting and construction or major expansion of waste
storage, disposal, recovery, or treatment facilities (including
incinerators), but the proposal may include categorically excluded
waste storage, disposal, recovery, or treatment actions or facilities;
(3) Disturb hazardous substances, pollutants, contaminants, or
Comprehensive Environmental Response, Compensation and Liability Act-
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 (as defined in 10 CFR 1022.4,
``Compliance with Floodplain and Wetland Environmental Review
Requirements: Definitions,'' or its successor);
(iv) Areas having a special designation such as Federally and
State-designated wilderness areas, national parks, national monuments,
national natural landmarks, wild and scenic rivers, State and Federal
wildlife refuges, scenic areas (such as National Scenic and Historic
Trails or National Scenic Areas), and marine sanctuaries;
(v) Prime or unique farmland, or other farmland of statewide or
local importance, as defined at 7 CFR 658.2(a), ``Farmland Protection
Policy Act: Definitions,'' or its successor;
(vi) Special sources of water (such as sole-source aquifers,
wellhead protection areas, and other water sources that are vital in a
region); and
(vii) Tundra, coral reefs, or rain forests; or
(5) Involve genetically engineered organisms, synthetic biology,
governmentally designated noxious weeds, or invasive species, unless
the proposed activity would be contained or confined in a manner
designed and operated to prevent unauthorized release into the
environment and conducted in accordance with applicable requirements,
such as those of the Department of Agriculture, the Environmental
Protection Agency, and the National Institutes of Health.
EXIM intends to apply these categorical exclusions to loans, loan
guarantees, and insurance transactions. The scope of projects would be
akin to projects from the Department of Energy's Loans Program Office
to which DOE has applied these categorical exclusions. These include
limited construction, full disposal of buildings, desk work for
feasibility studies, soil testing, etc. In principle, such transactions
would be similar to those EXIM's export finance transactions deemed a
category C under its environmental and social procedures and
guidelines.\5\
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\5\ EXIM's Environmental and Social Due Diligence Procedures and
Guidelines state that ``applications greater than $10 Million will
be classified as Category C if they are not related to a physical
project or if they relate to projects which do not require further
environmental review because they are likely to have minimal or no
adverse environmental or social risks or impacts. This category
includes transactions related to new, expansion or existing projects
of the type that have little or no potential to cause environmental
effects and do not impact sensitive locations.'' Procedures and
Guidelines [verbar] EXIM.GOV.
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III. Consideration of Extraordinary Circumstances (if Applicable)
In assessing whether a categorical exclusion applies, EXIM would
review whether there were extraordinary circumstances that would
indicate a categorical exclusion is not appropriate due to the
potential for a significant environmental effect. EXIM would review
that proposed actions do not breach the integral elements of classes of
action in DOE's regulations (10 CFR 1021, subpart D, appendix B (1)-
(5)). When applying these Ces, EXIM will consider whether the proposed
action has the potential to result in significant effects as described
in DOE's definition of extraordinary circumstances. 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. 10 CFR 1021.410(b)(2).
EXIM's engineering and environment division will have
responsibility for determining if a categorical exclusion applies.
These determinations will be posted at https://www.exim.gov/policies/exim-bank-and-environment/make-more-america-initiative-approved-transactions.
Consultation and Determination of Appropriateness
Consultations
1. Department of Energy Consultation
In October 2024, EXIM conducted consultation with the Department of
Energy's Loans Program Office on adoption of several CE categories.
Through those consultation and coordination efforts, DOE and EXIM
mutually agreed that EXIM's adoption of CEs A9 (Information gathering,
analysis, and dissemination), B1.15 (Supporting Buildings), B1.23,
(Demolition and disposal of buildings), B2.1 (Workplace enhancements),
B2.2 (Building and equipment instrumentation) and B3.1(site
characterization and environmental monitoring) is appropriate. This
notice documents EXIM's adoption of Department of Energy CEs for such
actions.
At the conclusion of that process, DOE determined that EXIM's
proposed use of the CE as described in this notice would be appropriate
because the categories of actions for which EXIM plans to use the CE
are consistent with the adopted CEs.
[[Page 102144]]
Notice to the Public and Documentation of the Adoption
This notice serves to identify to the public and document EXIM's
adoption of several CEs from both the Department of Energy. The notice
identifies the types of actions to which EXIM will apply the CE, as
well as the considerations that EXIM will use in determining whether an
action is within the scope of the CE.
Scott Condren,
Vice President, Policy Analysis.
[FR Doc. 2024-29608 Filed 12-16-24; 8:45 am]
BILLING CODE 6690-01-P
