[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49834-49844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19891]
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DEPARTMENT OF THE TREASURY
Treasury Directive 75-02 and Directive Publication 75-02,
Department of the Treasury National Environmental Policy Act (NEPA)
Program
AGENCY: Office of Environment, Health, and Safety, Departmental
Offices, Department of the Treasury.
ACTION: Notice.
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SUMMARY: The Department of the Treasury (Treasury) is publishing this
notice to provide an opportunity for public comment on its draft
directive and accompanying guidelines containing policy and procedures
for implementing the National Environmental Policy Act of 1969 (NEPA),
as amended, Executive Order 11514, as amended, Executive Order 12114,
and Council on Environmental Quality (CEQ) regulations for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508). Pursuant to
CEQ regulations, Treasury is soliciting comments from members of the
interested public.
DATES: Comments must be received by October 21, 2014.
ADDRESSES: Send submissions relating to this Notice to: Department of
the Treasury, Office of Environment, Health, and Safety, Treasury
Department Annex, Room 6400K, 1500 Pennsylvania Avenue NW., Washington,
DC, 20220. Alternatively, comments relating to this Notice may be
submitted electronically via the Federal e-Rulemaking Portal at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Clayt Lauter, Director, Office of
Environment, Health & Safety, at 202-622-1712 (not a toll-free number)
or [email protected].
SUPPLEMENTARY INFORMATION:
Request for Comments
The Department of the Treasury encourages interested persons to
submit written data, views, or comments. Persons submitting comments
should please include their name, address, and other appropriate
contact information. You may submit your comments and material by one
of the means listed under ADDRESSES. If you submit them by mail, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. Treasury will consider all comments
received during the comment period.
Background
This directive and accompanying guidelines establish policy and
procedures to ensure the integration of environmental considerations
into the mission of the Department of the Treasury. They outline roles
and responsibilities for compliance with NEPA, and establish a
framework for the balanced and proactive consideration of NEPA in the
planning and execution of Treasury activities.
Treasury is composed of nine bureaus and three Inspectors General
Offices: Bureau of Engraving and Printing (BEP), Bureau of the Fiscal
Service (BFS), Departmental Offices (DO), Financial Crimes Enforcement
Network (FinCEN), Internal Revenue Service (IRS), United States Mint
(Mint), Office of the Comptroller of the Currency (OCC), Alcohol and
Tobacco Tax and Trade Bureau (TTB), Community Development Financial
Institutions Fund (CDFI), Special Inspector General, Troubled Asset
Relief Program (SIGTARP), Office of the Inspector General (OIG), and
Treasury Inspector General for Tax Administration (TIGTA). Note: This
directive does not apply to CDFI. See 12 CFR part 1815, ``Environmental
Quality.'' Treasury's responsibilities include managing federal
finances; collecting taxes, and paying bills of the United States;
producing currency and coinage; managing government accounts
[[Page 49835]]
and the public debt; supervising national banks and thrift
institutions; advising on domestic and international financial,
monetary, economic, trade and tax policy; enforcing federal finance and
tax laws; and investigating and prosecuting tax evaders,
counterfeiters, and forgers.
The policies and procedures in the proposed directive and
accompanying guidelines will assist Treasury in evaluating its actions
in light of the requirements in CEQ regulations and NEPA. These
substantive or procedural requirements apply to the program planning
and project development in all Treasury bureaus and offices. In
particular, there is special consideration of the requirements for
public involvement, dispute resolution, intergovernmental coordination,
emergency procedures, and handling of sensitive information in Treasury
decisionmaking.
This proposed directive and accompanying guidelines include
processes for preparing categorical exclusions, environmental
assessments, findings of no significant impact, and environmental
impact statements. Treasury proposes to use these in conjunction with
NEPA, the CEQ regulations at 40 CFR parts 1500-1508, and other
pertinent environmental regulations, Executive Orders, statutes, and
laws developed for the consideration of environmental impacts of
federal actions.
The directive and guidelines were established by reviewing the
historical actions and missions of all the Treasury bureaus. They were
prepared by bureau representatives with environmental policy and
operations responsibilities, under the direction of the Office of
Environment, Health, and Safety.
The group reviewed existing law and requirements, agency policies,
existing guidance on the implementation of NEPA from the Council on
Environmental Quality, and it examined policies and procedures from
other federal agencies to identify policies that could be appropriate
for the missions of the Treasury Department.
An area of emphasis included the development of appropriate
categorical exclusions. The group considered that Treasury's activities
are performed primarily in office-type environmental surroundings, but
in the case of the Bureau of Engraving and Printing, and United States
Mint, manufacturing settings predominate. Likewise, the group examined
existing categorical exclusions from other federal departments to
determine whether any might be appropriate for Treasury. The resulting
list of proposed categorical exclusions is included in Appendix 1 of
the proposed guidelines.
The Department of the Treasury solicits public review of this
document and will review and consider those comments before this
directive and accompanying guidelines are final.
Nani Coloretti,
Assistant Secretary for Management.
TREASURY DIRECTIVE: 75-02
Date: TBD
Sunset Review: TBD
SUBJECT: Department of the Treasury National Environmental Policy Act
(NEPA) Program
1. PURPOSE. This directive establishes policy, and assigns
responsibilities for implementing the Council on Environmental
Quality's (CEQ) regulations for the National Environmental Policy Act
(NEPA) found at 40 CFR parts 1500-1508.
2. SCOPE. This directive applies to all bureaus, the Departmental
Offices, and the Office of Inspector General (OIG), Office of the
Treasury Inspector General for Tax Administration (TIGTA), and Office
of the Special Inspector General for the Troubled Asset Relief Program
(SIGTARP) (collectively referred to as ``bureaus''). The provisions of
this directive shall not be construed to interfere with or impede the
authorities or independence of the Department's Inspectors General. Nor
shall they be interpreted to govern environmental considerations
related to awards under the Community Development Financial
Institutions (CDFI) Fund programs as its NEPA program is regulated
under 12 CFR part 1815, ``Environmental Quality.''
3. POLICY.
a. The Department of the Treasury (Treasury) will consider
environmental quality as equal with economic, social, and other
relevant factors in program development and decision making processes.
Additionally, Treasury will fully evaluate its actions to ensure
compliance with the requirements of NEPA and the CEQ regulations, where
applicable.
b. In assessing the potential environmental impacts of its actions,
Treasury will consult early with appropriate federal, state, and local
agencies and other organizations to provide decision-makers with the
technical and other aspects of environmental planning.
c. When adverse environmental impacts are identified, either direct
or indirect, an examination will be made of alternative courses of
action, including their potential environmental impacts. The objective
of the environmental review will be to develop a feasible alternative
with the least adverse environmental impact. The alternative of not
proceeding with the proposal will also be considered.
4. TERMINOLOGY. The terminology and definitions contained in 40 CFR
part 1508 shall be employed for the purposes of this directive.
5. RESPONSIBILITIES.
a. The Assistant Secretary for Management (ASM) has the authority
to integrate fully all applicable environmental laws and regulations
into Treasury's missions and activities. The ASM shall:
(1) seek to ensure that all actions taken by Treasury, with respect
to the fulfillment of NEPA and the CEQ regulations, are duly
coordinated with appropriate federal, state, and local entities;
(2) provide guidance on environmental policy and requirements;
(3) assist in reviewing and assessing the environmental impact of
proposed Treasury actions;
(4) provide guidance in the consideration, application,
preparation, scoping, processing, and distribution of categorical
exclusions (CEs), environmental assessments (EAs) and environmental
impact statements (EISs);
(5) receive for clearance action all CEs, EAs, and EISs, draft and
final, originating in Treasury;
(6) receive all CEs, EAs, and EISs submitted by other agencies that
address Treasury actions and coordinate the appropriate review and
reply;
(7) perform such other functions as are specified in this directive
or are appropriate under the CEQ regulations or other instructions or
recommendations of agencies charged with carrying out the duties of the
statutes listed in Section 8; and
(8) ensure that EAs, EISs and Findings of No Significant Impact
(FONSIs) prepared under Treasury's jurisdiction are accessible to the
public from the respective bureau's Web site for five years from the
date of issuance.
b. Heads of Bureaus shall:
(1) prepare, and circulate within Treasury for the consideration of
others, EAs and EISs when an action or policy area in question falls
under their jurisdiction;
(2) issue any supplementary procedures consistent with this
directive for the implementation of NEPA which the bureaus deem
necessary. Procedures shall be addressed in accordance with the CEQ
regulations (Section 1507.3) and this directive and shall be submitted
to the
[[Page 49836]]
ASM through the OGC for coordination, review and concurrence.
(3) ensure that communications with CEQ, and other government
agencies or individuals on matters concerning Treasury compliance with
NEPA and the relevant CEQ regulations are signed by, or coordinated
with, the ASM through the OGC. Examples of such communications are
letters transmitting CEs, EAs, and EISs, reports, and all Departmental
contacts relevant to Treasury compliance with NEPA and the CEQ
regulations. Unless special circumstances indicate that a different
officer should act, communications announcing decisions to prepare EAs
or EISs, requesting comments on draft statements, or transmitting final
statements for the information of agencies, shall also be signed by the
ASM and, in the case of a non-Treasury entity, shall be addressed to
its ASM or equivalent official;
(4) ensure that mitigation measures that have been identified in
decision documents (e.g., Records of Decision (RODs)) are carried out.
Bureaus shall institute procedures in coordination with their
environmental program manager to ensure that the mitigation measures
are carried out (Sections 1505.2(c) and 1505.3, CEQ regulations, and
CEQ Guidance: Appropriate Use of Mitigation and Monitoring and
Appropriate Use of Mitigated Finding of No Significant Impact, issued
January 14, 2011). Further, the mitigation must be monitored to assure
that it is having the intended environmental benefits;
(5) provide for early involvement in all actions which require some
form of federal approval as required by Sections 1501.2(d), and 1500.5
(a, f) of the CEQ regulations;
(6) ensure public involvement in the NEPA process pursuant to
Section 1506.6 of the CEQ regulations. Communicate timely and provide
electronic documents related to public involvement with the ASM through
the Treasury Departmental Offices Environmental Program Manager (EPM)
located in the OEHS.
(7) prepare legislative EISs. Bureaus with primary responsibility
for legislative proposals originating in Treasury, which will
significantly affect the quality of the human environment, shall be
responsible for preparing legislative EISs. Close coordination shall be
maintained between the ASM through the EPM and bureaus concerning the
legislative proposals;
(8) designate a NEPA Point-of-Contact and alternate in their Bureau
to coordinate with the EPM;
(9) perform such other functions as specified in this directive;
and
(10) be responsive to requests from the CEQ and other relevant
agencies for reports or other information in connection with the
implementation of NEPA, and for the preparation and circulation of EISs
as required by Section 1506.9 of the CEQ regulations.
c. The Bureau NEPA Points-of-Contact shall collaborate with the EPM
to:
(1) identify actions within their organization requiring an EA or
EIS;
(2) ensure that each required assessment or statement is prepared
in a timely manner and with the prescribed content by appropriate
staff;
(3) ensure compliance with the requirements of NEPA, the CEQ
regulations, and this directive by coordinating the review of such
statements and assessments, and by maintaining compliance with all
applicable scheduling, scoping, consultation, circulation, public
hearing, and publication requirements;
(4) maintain effective communication and consultation with the OGC
and inform key officials of current developments in environmental
policy and programs;
(5) ensure that the assessment of the environmental impact of
actions concerning various areas of Treasury policy and operations, and
the preparation of EAs and EISs relating thereto, shall be coordinated
with the CEQ;
(6) ensure that all NEPA documents releasable to the public are
provided to the OGC for review prior to posting on the Department's
public Web site; and
(7) participate in and/or monitor the General Services
Administration's (GSA) NEPA activities involving Treasury facilities.
d. The EPM shall receive all EAs and EISs submitted by other
agencies for comment and coordinate the appropriate review and reply.
If any bureau receives a request for comment directly from another
agency, the request, together with the respective documents, shall be
referred to the Departmental Offices (DO) Environmental Program Manager
for appropriate action. Department of the Treasury comments should be
confined to matters within the jurisdiction or expertise of Treasury.
However, comments need not be limited to environmental aspects, but may
relate to fiscal, economic, and non-governmental matters of concern to
the Department.
6. IMPLEMENTATION. Guidance and procedures on implementing this
directive are found in Treasury Directive Publication (TD P) 75-02.
7. AUTHORITIES.
a. National Environmental Policy Act of 1969, as amended, 42 U.S.C.
4321, et seq.
b. National Environmental Policy Act Regulations, Council on
Environmental Quality, 40 CFR parts 1500-1508.
8. REFERENCES.
a. CEQ NEPA Guidance http://ceq.hss.doe.gov/nepa/regs/guidance.html.
b. Council on Environmental Quality, Aligning NEPA Processes with
Environmental Management Systems--A Guide for NEPA and EMS
Practitioners, dated April 2007, http://ceq.hss.doe.gov/nepa/NEPA_EMS_Guide_final_Apr2007.pdf.
c. The NEPA Task Force Report to the Council on Environmental
Quality: Modernizing NEPA Implementation, dated September 2003, http://ceq.hss.doe.gov/ntf/report/index.html.
d. Treasury Directive 75-09, Environmental, Health, and Safety
Management, Energy, and Sustainability Program, dated August 13, 2013.
e. Clean Air Act, as amended, 42 U.S.C. 74701 et. seq.
f. Clean Water Act, 33 U.S.C. 1251 et. seq.
g. Coastal Zone Management Act, 16 U.S.C. 1451 et. seq.
h. Endangered Species Act, 16 U.S.C. 1531 et. seq.
i. Environmental Quality Improvement Act of 1970, as amended, 42
U.S.C. 4321-4335.
j. Federal Water Pollution Control Act, 33 U.S.C.1251 et. seq.
k. Marine Mammal Protection Act, 16 U.S.C. 1361 et. seq.
l. National Historic Preservation Act, 16 U.S.C. 470 et. seq.
m. National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq.
n. Executive Order 11514, ``Protection and Enhancement of
Environmental Quality,'' dated March 5, 1970, as amended by E.O. 11991,
dated May 24, 1977.
o. Executive Order 11988, ``Floodplain Management,'' dated May 24,
1977.
p. Executive Order 11990, ``Protection of Wetlands,'' dated May 24,
1977 (42 FR 26961), as amended by Executive Order 12608, dated
September 9, 1987.
q. Executive Order 12114, ``Environmental Effects Abroad of Major
Federal Actions,'' dated January 4, 1979, (44 FR 1957).
r. Executive Order 12898, ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations,'' dated February 11, 1994, (59 FR 7629).
s. Executive Order 13423, ``Strengthening Federal Environmental,
Energy, and Transportation Management,'' dated January 24, 2007.
[[Page 49837]]
t. Executive Order 13514, ``Federal Leadership in Environmental,
Energy, and Economic Performance,'' dated October 5, 2009.
9. CANCELLATION. Treasury Directive 75-02, ``Department of the
Treasury Environmental Quality Program,'' dated September 25, 1990, is
superseded.
10. EMERGENCIES. In the event of emergencies which may require a
bureau to take an action with significant environmental impacts without
complying with this directive or the CEQ regulations, the CEQ should be
consulted, through the EPM, about alternative arrangements (Section
1506.11, CEQ regulations).
11. OFFICES OF PRIMARY INTEREST. The Office of Environment, Health,
and Safety. Office of Assistant Secretary for Management.
Nani Coloretti, Assistant Secretary for Management
Treasury Directive Publication 75-02
SUBJECT: Guidelines for Implementing the Department of the Treasury
National Environmental Policy Act Program
1. PURPOSE. This Treasury Directive Publication (Publication)
provides guidelines and procedures for the effective implementation of
the Council on Environmental Quality (CEQ) regulations on the National
Environmental Policy Act (NEPA).
2. SCOPE. This directive publication applies to all bureaus, the
Departmental Offices, and the Office of Inspector General (OIG), Office
of the Treasury Inspector General for Tax Administration (TIGTA), and
Office of the Special Inspector General for the Troubled Asset Relief
Program (SIGTARP) (collectively referred to as ``bureaus''). The
provisions of this directive shall not be construed to interfere with
or impede the authorities or independence of the Department's
Inspectors General. Nor shall they be interpreted to govern
environmental considerations related to awards under the Community
Development Financial Institutions (CDFI) Fund programs as its NEPA
program is regulated under 12 CFR part 1815, ``Environmental Quality.''
3. RELATED DIRECTIVE. Treasury Directive 75-02, ``Department of the
Treasury National Environmental Policy Act Program.''
4. RESPONSIBLE OFFICE. Office of Environment, Health, and Safety
(OEHS) within the Office of the Deputy Assistant Secretary for
Management and Budget (DASMB).
5. EARLY INVOLVEMENT IN ACTIONS INITIATED BY PRIVATE OR OTHER NON-
FEDERAL ENTITIES.
(1) To implement the requirements of Section 1501.2(d) of the CEQ
regulations with respect to actions planned by private or other non-
federal entities that require some form of federal approval (for
example, loans, grants, or approvals in connection with bureau managed
or regulated facilities), each bureau shall:
(a) prepare, within a reasonable timeframe, generic guidelines
describing the scope and level of environmental information required
from applicants as a basis for evaluating their proposed actions and
make these guidelines available;
(b) provide such guidance on a project-by-project basis to
applicants seeking assistance from the bureau;
(c) upon receipt of an application for bureau approval, or
notification that an application will be filed, consult as required
with other appropriate parties to initiate and coordinate any necessary
environmental analyses;
(d) consult with appropriate federal, regional state and local
agencies and other potentially interested parties during preliminary
planning stages to ensure that all environmental factors are
identified;
(e) communicate and consult in a timely manner with the ASM through
the Treasury Departmental Offices Environmental Program Manager (EPM)
located in the OEHS.
(2) The responsible bureau shall independently evaluate the
information submitted by the applicant and, if it accepts that
information, shall be responsible for its accuracy. If the bureau
chooses to use the information submitted by the applicant in an EA or
EIS, it must include the names of the persons responsible for the
independent evaluation in a list of preparers (Section 1506.5(a), CEQ
regulations).
(3) To facilitate compliance with the requirements above, private
applicants and other non-federal entities should be advised to:
(a) contact Treasury as early as possible in the planning process
for guidance on the scope and level of environmental information which
may be required to be submitted in support of their application;
(b) conduct any studies which are deemed necessary and appropriate
by Treasury to determine the impact of the proposed action on the human
environment;
(c) submit applications for necessary federal, regional, state and
local approvals as early as possible in the planning process;
(d) notify Treasury as early as possible of any other federal,
regional, state, local and Indian tribe actions required for project
completion so that Treasury may coordinate all federal environmental
reviews; and
(e) notify Treasury of any known parties potentially affected by,
or interested in, the proposed action.
6. THE NEPA PROCESS.
a. Classes of Action Requiring Similar Treatment Under NEPA.
(1) NEPA actions undertaken by Treasury may be broken down into
three main classes of action:
(a) those actions normally requiring EISs, such as proposals for
major Treasury building projects involving large land acquisition and
construction of large facilities, or for proposed legislation which may
have a significant effect on the environment;
(b) those actions normally requiring EAs, but not necessarily EISs,
such as proposals to build a new warehouse for non-hazardous storage,
production of next generation currency, or approval of plastic liquor
bottles or ethanol permits; and
(c) those actions requiring neither an EIS nor an EA; e.g.,
categorical exclusions (CEs). CEs are actions which meet the definition
contained in 40 CFR 1508.4, and, based on past experience with similar
actions, typically do not involve significant environmental impacts,
either individually or cumulatively.
(2) Treasury does not, in general, have responsibility for actions
which will have a significant effect on the quality of the human
environment. Decisions as to whether environmental documentation is
required shall be made on a case-by-case basis by the head of the
bureau involved in conjunction with the ASM through the EPM. Additional
guidance may be obtained from the CEQ.
(3) In the event a proposed action falls within either category (a)
or (b) of sub-paragraph (1) above, the bureau should take the
appropriate steps outlined in sections 8 and 9 below. If the proposed
action is categorically excluded, then the bureau may proceed with
implementing the action.
b. Integrating the NEPA Process with Bureau Planning and Decision
Making.
(1) The ultimate purpose of NEPA is to ensure that public officials
make decisions based on an understanding of the environmental
consequences of proposed major federal actions. The means provided by
NEPA to achieve its goals is called the ``NEPA process'' and is
outlined in Sec. 102 of NEPA [42 USC Sec. 4332].
(2) At all appropriate facilities and organizational levels,
bureaus shall integrate their NEPA process within their environmental
management system (EMS). To comply with NEPA,
[[Page 49838]]
bureaus must ensure that the NEPA process is integrated with bureau
planning and decision making as early as possible (Sections 1501.2 and
1505.1, CEQ Regulations). Accordingly, bureaus shall:
(a) ensure, where necessary, final EAs or EISs and related
documents accompany proposals through the entire review process;
(b) consider and balance pertinent non-environmental factors with
those relating to the environment and consider all practicable
alternatives and mitigation measures identified in the environmental
documents;
(c) make no decision on a proposed action until the applicable
timing requirements have been met;
(d) communicate and consult in a timely manner with the ASM through
the EPM; and
(e) prepare a concise public record of the decision at the time it
is made, or, for a legislative EIS, at the time of its recommendation
to Congress. This record will be prepared in accordance with Section
1505.2 of the CEQ regulations.
7. DOCUMENTING A DEPARTMENT OF THE TREASURY CATEGORICAL EXCLUSION
(CE).
a. The head of the bureau shall prepare a Record of Categorical
Exclusion Determination when a category of actions repeatedly
demonstrates no significant effect on the human environment or the
agency has other evidence that a CE is warranted. This might include
through scientific evidence or review of other agencies' categorical
exclusions.
Appendix 1 lists bureau actions which Treasury has determined do
not individually or cumulatively have a significant effect on the human
environment. To find that a proposal is categorically excluded, the
bureau shall determine the following:
(1) The proposal fits within one of the classes of actions that are
listed in Appendix 1; and
(2) There are no extraordinary circumstances related to the
proposed action that are present that may have a significant
environmental effect. The extraordinary circumstances set forth by the
Department of the Treasury are as follows:
(a) An action that results in a project of greater scope or size
than typically experienced for a particular category of actions;
(b) Highly controversial environmental effects exist where
controversy is defined as: voiced opposition from state/local agencies/
tribes, an unusual level of concern raised by the public, or use of
unproven technology with uncertain environmental effects;
(c) Potential impacts to areas of critical environmental concern
are found, including, but not limited to, prime or unique agricultural
lands, wetlands or floodplains, coastal zones, wilderness areas,
aquifers, or wild and scenic rivers;
(d) Potential effects to properties or archaeological resources
exist, which are either listed or eligible for listing on the National
Register of Historic Places (note: this extraordinary circumstance is
not applicable if a separate Section 106 process under the National
Historic Preservation Act has been completed resulting in the
concurrence of the State Historic Preservation Officer (SHPO) or the
Tribal Historic Preservation Officer (THPO) or the signing of a
Memorandum of Agreement with the SHPO or THPO and/or the Advisory
Council on Historic Preservation);
(e) Adverse effects exist on species endangered, threatened, or
proposed to be listed on the List of Endangered or Threatened Species
or located in an area designated as Critical Habitat for an endangered
or threatened species or other protected resources;
(f) Possible violation exists of federal, state, local, or tribal
law for the protection of the environment;
(g) Inconsistencies exist with any federal, state, local or tribal
law, requirement or administrative determination relating to the
environmental aspects of the action;
(h) Potential for degradation exists, even though slight, of
already existing poor environmental conditions;
(i) Presence of hazardous or toxic substances exists at levels
which exceed federal, state, local or tribal law or regulations or
standards requiring action or attention;
(j) Potential exists for adverse effects on health or safety; or
(k) Potential for significant cumulative impacts exist when the
proposed action is combined with other past, present, and reasonably
foreseeable future actions, even though the impacts of the proposed
action may not be significant by themselves.
(l) The degree to which the possible effects on the human
environment are highly uncertain or involve unique or unknown risks.
(m) The degree to which the action may establish a precedent for
future actions with significant effects or represents a decision in
principle about a future consideration.
b. When it is determined that an activity warrants a CE, the
following is required to be documented by the bureau with an electronic
copy sent to the EPM:
(1) A completed Environmental Analysis for Categorical Exclusions
form;
(2) A reference to the type of CE being applied. (Appendix 1);
(3) A determination statement which shall be signed and dated by
the bureau head. [Suggested statement language: Based on my review of
information conveyed to me and attached concerning the proposed action
designation of a categorical exclusion, I have determined that the
proposed action is categorically excluded under Treasury Directive 75-
02 and the proposed action is not subject to any extraordinary
circumstances and is hereby precluded from further NEPA review.]
c. The EPM will post the final document identifying the CE on the
Treasury Department's public Web site.
8. WRITING A DEPARTMENT OF THE TREASURY ENVIRONMENTAL ASSESSMENT
(EA).
a. The head of the bureau shall prepare the assessment. The
assessment shall be submitted electronically to the ASM through the EPM
for review and approval. The EPM will place the final document(s) on
the Department of the Treasury Public NEPA Web site.
b. To the extent practicable, other agencies, applicants, and the
public should be involved in preparing the EA (see also Section
1501.4.b, CEQ regulations). Responsibility for information provided by
applicants for use in preparing an EA or for assessments prepared by an
applicant for an organization is outlined in Section 1506.5(b) of the
CEQ regulations.
c. Treasury EAs shall:
(1) describe the proposed action and the need for it;
(2) briefly describe the environmental impacts of, and alternatives
to, the proposed action, including mitigation measures;
(3) identify and analyze impacts associated with energy (including
alternative energy sources) and climate change;
(4) list the agencies and persons consulted;
(5) provide a brief analysis, based upon the above evidence, for
determining whether to prepare an Environmental Impact Statement (EIS),
or a Finding of No Significant Impact (FONSI); and
(6) make EAs and findings of no significant impact available to the
public.
d. NEPA requires that for all proposals for legislation or other
major
[[Page 49839]]
federal actions significantly affecting the quality of the human
environment, the environmental implications of the proposal are to be
explored.
e. Whenever a Bureau matter, including the initiation of any action
or program previously discontinued, could constitute a major federal
action significantly affecting the quality of the human environment, an
EA shall be prepared as soon as possible, and at all times prior to the
decision to take or to continue the action.
f. An EA need not be prepared if an organization has decided to
prepare an EIS on a proposed action.
9. WRITING A DEPARTMENT OF THE TREASURY ENVIRONMENTAL IMPACT
STATEMENT (EIS).
a. Once it is determined that an organization shall be responsible
for preparing an EIS, a notice of intent shall be promptly published in
the Federal Register. The EPM will provide consultation while the
organization will provide necessary communication to the EPM in order
to keep the ASM advised.
b. The scoping process, outlined in Section 1501.7 of the CEQ
regulations, shall be used for determining the scope of issues to be
addressed and for identifying the significant issues related to the
proposed action. The organization involved and in consultation with the
SAO through the EPM, shall be responsible for carrying out the scoping
process in accordance with the CEQ regulations.
c. Section 1501.5(a) of the CEQ regulations provides that a lead
agency shall supervise the preparation of an EIS if more than one
federal agency either proposes or is involved in the same action, or is
involved in a group of actions directly related to each other because
of their functional interdependence or geographical proximity (see also
Section 1506.2, CEQ regulations).
d. In the event the preparation of an EIS for a proposed
organization action requires the designation of a lead agency for
either of these reasons, the head of the organization shall contact the
EPM for guidance. The bureaus shall seek out and coordinate with
Cooperating Agencies (Federal, tribal or state) for EIS activities as
outlined in 1501.5 and 1501.6. Any communications with other agencies
which deal with lead agency designations shall be coordinated with the
EPM. The criteria and responsibilities for lead and cooperating
agencies are outlined in Section 1501.5 and 1501.6 of the CEQ
regulations, respectively.
e. EISs shall first be issued in draft, for comment by government
agencies and the public. Final EISs that address comments received
shall then be issued. Requirements for preparing and circulating draft
and final statements (Part 1502 of the CEQ regulations) are as follows:
(1) Timing.
(a) The timing of the preparation, circulation, submission, and
public availability of EISs is of great importance. EISs are not
intended to be justification documents for proposed actions but are to
be objective evaluations of proposed actions and their alternatives in
light of all reasonably pertinent environmental considerations (Section
1502.2(g), CEQ regulations).
(b) EISs are then filed with the EPA. The EPA, in turn, publishes a
weekly notice in the Federal Register of the EISs filed during the
preceding week. No decisions on the proposed action may be made by the
office/bureau until the following time periods calculated from the
publication date of the EPA notice have been observed.
1. Not less than 45 days for comment on draft statements (Section
1506.10(c), CEQ regulations).
2. Not less than 90 days and 30 days, respectively, for public
availability of draft and final statements prior to administrative
actions. These periods may run concurrently (Section 1506.10(b) and
(c), CEQ regulations).
3. Not less than 15 days for public availability of draft
statements prior to any relevant hearing on proposed administrative
actions (Section 1506.6(c)(2), CEQ regulations).
4. The time periods prescribed in paragraphs 1 through 3 may be
extended or reduced, in specific instances, in accordance with Section
1506.10 of the CEQ regulations.
(2) Securing Information.
(a) The full resources of Treasury should be utilized in developing
the factual and analytic information and reference sources required in
the preparation of an EIS. The assistance of other agencies, federal,
state, tribal, or local, with jurisdiction by law or special expertise
concerning the environmental impacts involved should also be sought.
Further, in accordance with Section 1506.3 of the CEQ regulations,
bureaus may adopt, in whole or in part, a draft or final EIS prepared
elsewhere in the Department or by another federal agency.
(b) If the organization is having difficulty in securing requisite
information or needs guidance, the EPM will assist in locating needed
information through the CEQ, EPA, or other appropriate sources.
(3) Writing and Content.
(a) EISs are to be written in plain language, and may include
appropriate graphics, so that bureau decision makers and the public can
readily understand them (Section 1502.8, CEQ regulations).
(b) The ``scoping'' process shall be utilized so that only
significant issues related to the proposed action are analyzed in
depth. (Section 1501.7, CEQ regulations).
(c) EISs should be as concise as possible while still providing
adequate, meaningful, and factual information and analysis to permit an
evaluation of the proposed action from the environmental standpoint.
Their length shall normally be less than 150 pages, and for proposals
of unusual scope or complexity, less than 300 pages (Section 1502.7,
CEQ regulations). ``Tiering'' (Section 1502.20, CEQ regulations) and
``incorporation by reference'' (Section 1502.21, CEQ regulations)
should be used, where appropriate, to insure that statements are kept
concise.
(d) Quantitative information about the proposed action, including
actual or estimated data on its probable effects, should be included to
the greatest extent practicable. If a cost-benefit analysis of the
proposed action has been prepared, it should be incorporated by
reference or appended to the EIS as an aid in evaluating the
environmental consequences (Section 1502.23, CEQ regulations).
(e) All reasonable alternatives and their environmental impacts
shall be addressed, to include identifying and analyzing impacts
associated with energy (including alternative energy sources) and
climate change, regardless of whether or not they are not within the
authority of the Department (Section 1502.14(c), CEQ regulations).
Appropriate mitigation measures shall also be discussed (Section
1502.14(f), CEQ regulations).
(f) The basic content requirements for EISs are set forth in
Section 1502.10-25 of the CEQ regulations. Bureaus shall follow the
prescribed outline and content requirements described therein as
closely as is feasible in each particular case.
(g) Draft and final statements should refer to the underlying
studies, reports, and other documents considered by the preparing
organization and indicate how such documents may be obtained. With the
exception of standard reference documents, such as congressional
materials, the bureau should maintain a file of the respective
documents which may be consulted by interested persons. If especially
significant documents are attached to the EIS, care should be taken to
insure that the statement remains an
[[Page 49840]]
essentially self-contained instrument easily understood without the
need for undue cross-reference.
(4) Utilizing Contractors. A contractor may be selected to prepare
the EIS. Organization responsibility, in the event a contractor is
employed, is outlined in Section 1506.5 (c) of the CEQ regulations. The
work of a contractor, however, must be fully reviewed, endorsed, and
fully adopted by the Department of the Treasury for it to be used as
the NEPA document of the agency.
(5) Circulation. The entire draft and final EIS shall be circulated
in accordance with Section 1502.19 of the CEQ regulations. Appendices
and unchanged statements may be treated in accordance with Sections
1502.18(d) and 1503.4(c). If the statement is unusually long, the
organization may circulate the summary instead (Section 1502.12, CEQ
regulations), except that the entire statement shall be furnished as
specified in Section 1502.19.
(6) Public Involvement. Section 1506.6 of the CEQ regulations
requires public involvement in the NEPA process. The relevant bureau
will communicate timely and provide electronic documents related to
public involvement with the ASM through the OGC, who will be available
for consultation with the bureau.
(a) To comply with this requirement, bureaus shall:
1. Provide for public hearings whenever appropriate. Whenever,
under the normal policies or procedures of the organization a hearing
would be held on a matter requiring the preparation of an EIS, the
environmental aspects should be included in the hearing. In other
cases, the question of whether a hearing should be held with respect to
an environmental matter shall be determined in accordance with the
criteria set forth in Section 1506.6 (c) of the CEQ regulations.
Normally, all hearings contemplated in this paragraph should be based
on a draft EIS which should be made available to the public at least 15
days before the hearing.
2. Provide public notice of NEPA-related hearings, public meetings,
and the availability of environmental documents. The notice should be
provided by the means most likely to inform those persons and agencies
that may be interested or affected.
(a) Section 1506.6(b) of the CEQ regulations provides notification
methods that may be used, including publication in local newspapers of
general circulation, notice to state and local clearinghouses, and
notice by mail.
(b) A notice of the filing and availability of each EIS, draft and
final, shall be inserted in the Federal Register by the responsible
organization.
3. Make EISs and EAs, along with any comments and underlying
documents, available to the public on the Department of the Treasury
public Web site through a link to their bureau public Web site and
pursuant to the Freedom of Information Act (5 U.S.C. 552), the
Department's regulations there under (31 CFR part 1), and the
disclosure regulations of the bureau (Section 1506.6(f), CEQ
regulations).
(a) These materials are to be placed in the public reading room of
the Treasury Library in Washington, DC, and the public reading rooms of
the organization if any are maintained. The documents may be read or
copied during working hours.
(b) Copies to be made available to the public shall normally be
provided on paper meeting the requirements of Executive Order (E.O.)
13423 or superseding E.O. and without charge. However, when such costs
are significant, the organization may, in accordance with Section
1506.6(f) of the CEQ regulations, establish a fee which shall not
exceed the actual cost of reproducing the copies. Multi-page documents
are to be duplex printed (double-sided), unless otherwise required.
(6) Commenting.
(a) With respect to draft EISs, it is essential that the
organizations consult with, and take account of the comments of,
appropriate federal, state and local agencies. This shall involve the
formal solicitation of review and comments on the draft statement
(Section 1503.1, CEQ regulations). When appropriate, procedures for
obtaining state and local comments shall be utilized (Section
1503.1(a)(2), CEQ regulations).
(b) Comments should also be requested from individuals or
organizations which appear to have a special interest in some
significant environmental aspect of the proposed action (Section
1503.1(a)(4), CEQ regulations).
(c) All substantive comments received on draft EISs (or summaries
thereof where the comments are exceptionally long), should be attached
to final EIS, whether or not each such comment is thought to merit
individual discussion in the text of the statement (Section 1503.4(b),
CEQ regulations).
(d) Section 102(2)(C) of NEPA requires that the final EIS shall
accompany the proposal to which it relates through the agency review
process.
10. ACTIONS EXCLUDED IN ACCORDANCE WITH CEQ REGULATIONS. In
accordance with CEQ regulations (40 CFR 1500.6 and 1508.18(a)), some
classes of actions may be thought to not trigger NEPA. Consultation
with the Office of General Counsel must be initiated at the earliest
time such an issue arises.
11. OTHER NEPA REGULATORY PROVISIONS.
(a) Emergency Actions/Alternate Arrangements: In the event of an
emergency situation, Treasury may be required to take an action to
prevent or reduce the risk to the environment, public health, or safety
that may impact the human environment without evaluating those impacts
under NEPA. 40 CFR 1506 provides that CEQ may grant alternative
arrangements for, but not eliminate, NEPA compliance where a national
emergency, disaster, or similar great urgency makes it necessary to
take actions that merit an environmental impact statement without
observing all the provisions of CEQ regulations. The processing times
may be reduced or, if the emergency situation warrants, preparation and
processing of environmental impact statements may be abbreviated. Upon
learning of the emergency situation, the EPM will immediately inform
CEQ of the emergency situation when the proposed Treasury action is
expected to result in significant impacts on the human environment. In
some cases, the emergency action may be covered by an existing NEPA
analysis or an exemption. In other cases, it may not be covered. In
these cases, the CEQ (in consultation with EPM) will establish
alternate arrangements for NEPA compliance. The EPM will provide
continued follow-up consultation with CEQ throughout the duration of
the emergency situation. The provisions of this section do not apply to
actions taken after the emergency situation has been resolved or those
related to recovery operations. In an EIS where the proposed action is
not expected to result in significant impacts on the human environment,
the EPM ensures that the appropriate NEPA documentation is prepared to
the extent practicable before or concurrent with the emergency actions
required to control the emergency and before any follow-up actions are
taken (40 CFR 1506.11).
(b) Incomplete or Unavailable Information: If Treasury determines
that there is incomplete or unavailable information while evaluating
reasonably foreseeable significant adverse effects on the human
environment in an EIS, it shall make clear that that such information
is lacking.
[[Page 49841]]
If this information is essential to choosing a reasonable
alternative and obtaining it is not cost prohibitive, Treasury shall
include that information. If the information relevant to reasonably
foreseeable significant adverse impacts cannot be obtained because the
overall costs of obtaining it are exorbitant or the means to obtain it
are not known, Treasury shall include within the EIS:
(1) a statement that such information is incomplete or unavailable;
(2) a statement of the relevance of the incomplete or unavailable
information to evaluating reasonably foreseeable significant adverse
impacts on the human environment;
(3) a summary of existing credible scientific evidence which is
relevant to evaluating the reasonably foreseeable significant adverse
impacts on the human environment; and
(4) Treasury's evaluation of such impacts based upon theoretical
approaches or research methods generally accepted in the scientific
community. For the purposes of this section, ``reasonably foreseeable''
includes impacts which have catastrophic consequences, even if their
probability of occurrence is low, provided that the analysis of the
impacts is supported by credible scientific evidence, is not based on
pure conjecture, and is within the rule of reason.
(c) Incorporation by Reference: In order to reduce the size of
documents, whenever possible, Treasury will incorporate material by
reference into an EIS providing it will not impede Treasury and public
review of the action. The incorporated material shall be cited in the
document and its content briefly described. No material may be
incorporated by reference unless it is reasonably available for
inspection by potentially interested persons within the time allowed
for comment. Material based on proprietary data which is itself not
available for review and comment shall not be incorporated by
reference.
12. REQUIREMENTS FOR FLOODPLAIN MANAGEMENT AND PROTECTION OF
WETLANDS. Executive Order 11988, ``Floodplain Management,'' and
Executive Order 11990, ``Protection of Wetlands,'' direct federal
agencies to ensure that the potential effects of any proposed actions
they may take in a floodplain or wetland are considered and evaluated
in their decision making.
In a Federal Register notice of May 24, 1978 (43 FR 22311),
Treasury advised that, as a general rule, it does not engage in
activities which would impact on floodplain or wetlands. It was further
stated that no separate Treasury procedures implementing these
Executive Orders would be issued, but rather that such procedures would
be incorporated in this directive.
(1) To the extent possible, Bureaus are to avoid actions which
would result in modification or destruction of floodplain and wetlands
and, wherever there is a practicable alternative, are to avoid direct
or indirect support of new development or construction in a floodplain
or wetlands.
(2) In the case of any proposed Department of the Treasury action
which may involve floodplain or wetlands, and which may require the
preparation of and EA or EIS, the assessment or statement shall include
necessary data on the floodplain or wetlands in keeping with these
procedures.
(3) In the event of floodplain or wetlands involvement, the
following procedural steps are to be followed. (Although these steps
specifically mention floodplain, they are also applicable to wetlands.)
(a) Determine if the proposed action is in a floodplain.
(b) Provide for public involvement in a floodplain management
decision making process by informing the public of the intent to locate
in the floodplain, and by encouraging public comments thereon.
(c) Identify and evaluate practicable alternatives to locating in a
floodplain, including alternative sites, alternative actions, or no
action.
(d) If determined that the only practicable alternative is to
locate in a floodplain, identify the impacts of the proposed action
using the NEPA process and EA or EIS procedures in this directive.
Focus especially on the adverse impacts of the proposed action on lives
and property in the area, and on natural and beneficial floodplain
values.
(e) If harm to, or within, a floodplain may result from the
proposed action, determine ways to minimize the harm and to restore and
preserve the floodplain values. Measures should be considered to
include the use of offsite floodplain/wetland mitigation ``banks''.
(f) Reevaluate the proposed alternatives, based on the information
obtained and consider whether the proposed action is still feasible at
the site or should be limited.
(g) A statement of findings and public explanation, including a
brief comment period, must be provided for the proposed action if
reevaluation determines that the proposed action is the only
practicable alternative.
13. PROPOSALS FOR LEGISLATION. A legislative environmental impact
statement is the detailed statement required by law to be included in a
recommendation or report on a legislative proposal (that originates
within Treasury) to Congress. A legislative EIS shall be considered
part of the formal transmittal of a legislative proposal to Congress,
although it may be sent to Congress up to 30 days later to allow time
for completion and accuracy. In all instances, the legislative
statement must be available in time for Congressional hearings and
deliberations in order that it may serve as a basis for public and
Congressional debate (Section 1506.8(a), CEQ regulations).
(a) Preparation of a legislative EIS shall conform to the
requirements for EISs except as follows:
(1) There need not be a ``scoping'' process.
(2) The legislative EIS, although prepared in the same manner as a
draft EIS, shall be considered that ``detailed statement'' required by
statute. Provided that, when any of the following conditions exist,
both a draft and final legislative EIS shall be prepared and circulated
as provided in Sections 1503.1 and 1506.10 of the CEQ regulations.
(a) A congressional committee with jurisdiction over the proposal
has a rule requiring both draft and final EISs.
(b) The proposal results from a study process required by statute.
(c) Legislative approval is sought for federal or federally
assisted construction or other projects which the office/bureau
recommends be located at specific geographic locations. For proposals
requiring an EIS for the acquisition of space by the GSA, draft and
final EISs shall be provided to GSA for use during the approval
process.
(d) The organization prepares draft and final statements with an
electronic copy to the EPM.
14. FILING AND DISTRIBUTION OF EISs AND SUPPLEMENTAL STATEMENTS.
a. The bureaus will communicate timely and provide electronic
versions and written and bound copies, as needed, of their EIS and
related documents concerning filing and distribution of EISs and
Supplemental Statements with the ASM through the EPM. The EPM will
place the documents on the Department of the Treasury Public NEPA Web
site, and will be available for bureau consultation.
b. As of October 1, 2012 EPA no longer accepts paper copies or
compact discs (CDs) of EISs for filing purposes. EPA's online tool e-
NEPA (http://www.epa.gov/compliance/nepa/
[[Page 49842]]
submiteis/e-nepa-guide-on-registration-and-preparing-an-eis-for-
electronic-submission.pdf) meets their requirements for EIS filing. All
submissions must be made through e-NEPA. At the same time as they are
filed with EPA, EISs shall also be sent to commenting agencies and made
available to the public (Section 1506.9, CEQ regulations). Any
supplement to an EIS shall be made a part of the formal record, if such
a record exists, before a final decision on the proposal is made
(Section 1502.9(c)(3), CEQ regulations).
15. OTHER REQUIREMENTS.
a. Integrating Departmental Procedures with Other Environmental
Review and Consultation Requirements.
(1) Section 1501.7(a)(6) of the CEQ regulations requires that, as
part of the scoping process, agencies identify other environmental
review and consultation requirements so that any other required
analyses or studies may be prepared concurrently and integrated with
EAs and EISs.
(2) The attention of the bureaus is directed particularly to the
analyses and studies required by the Fish and Wildlife Coordination Act
(16 U.S.C. 661, et seq.); the National Historic Preservation Act of
1966, as amended, (16 U.S.C. 470, et seq.); the Endangered Species Act
of 1973 (16 U.S.C. 1531, et seq.); E.O. 11988, ``Floodplain
Management,'' dated May 24, 1977; E.O. 11990, ``Protection of
Wetlands,'' dated May 24, 1977; CEQ Memorandum, ``Interagency
Consultation to Avoid or Mitigate Adverse Effects on Rivers in the
Nationwide Inventory,'' dated August 10, 1980; CEQ Memorandum,
``Analysis of Impacts on Prime or Unique Agricultural Lands in
Implementing the National Environmental Policy,'' dated August 11,
1980; and other similar requirements.
b. EPA Review.
(1) Section 309 of the Clean Air Act (42 U.S.C. 7609) provides that
the EPA Administrator shall comment in writing on the environmental
impact of any matter within the area of EPA responsibility. Those areas
include air and water quality, noise abatement and control, pesticide
regulation, solid waste disposal, and generally applicable
environmental radiation criteria and standards.
EPA has developed a set of criteria for rating draft EISs. The
rating system provides a basis upon which EPA makes recommendations to
the lead agency for improving the draft EIS. These are rated in two
categories; rating the Environmental Impact of the Action, and rating
the Adequacy of the Draft Environmental Impact Statement. Additional
information can be found here: http://www.epa.gov/compliance/nepa/comments/ratings.html
(2) If the EPA Administrator determines that the matter ``is
unsatisfactory from the standpoint of public health or welfare or
environmental quality,'' the matter is to be referred to the CEQ in
accordance with the criteria and procedures outlined in Sections 1504.2
and 1504.3 of the CEQ regulations.
(3) Under Section 102(2)(C) of NEPA, other federal agencies are
authorized to make similar reviews and referrals in accordance with the
criteria and procedures in Section 1504.2 and 1504.3 of the CEQ
regulations.
c. All hardcopy reports required shall be printed on paper
containing a minimum of 30 percent postconsumer fiber and also shall be
printed or copied double-sided, to the degree possible.
Appendix 1: Categorical Exclusions
Categorical Exclusions (CEs)
The CE is intended to reduce paperwork and eliminate unnecessary
EA and EIS preparation. Treasury actions which are considered to be
categorically excluded are listed in the table below. The list is
not exhaustive and any new CE shall be prepared in accordance with
the instructions provided in Treasury Directive Publication (TD P)
75-02. The term ``new'' includes substantive revisions to existing
CEs.
------------------------------------------------------------------------
------------------------------------------------------------------------
CE#.... ADMINISTRATIVE AND REGULATORY ACTIVITIES. These
categorical exclusions have the additional requirement
to be conducted in conformance with Executive Orders
13423, Strengthening Federal Environmental, Energy,
and Transportation Management, and 13514, Federal
Leadership in Environmental, Energy, and Economic
Performance.
A1............ Personnel actions, including recruiting, processing,
paying, recordkeeping, and resource management;
fiscal, general management, administrative activities,
budgeting, other personnel actions, and travel.
A2............ Reductions, realignments, or relocation of personnel
that do not result in exceeding the infrastructure
capacity or change the use of space. An example of a
substantial change in use of the supporting
infrastructure would be an increase in vehicular
traffic beyond the capacity of the supporting road
network to accommodate such an increase.
A3............ Promulgation of rules, issuance of rulings or
interpretations, and the development and publication
of policies, orders, directives, notices, procedures,
manuals, and other guidance documents of the following
nature:
(a) Those of a strictly administrative or procedural
nature;
(b) Those that adopt, without substantive change,
statutory or regulatory requirements;
(c) Those that implement, without substantive
change, procedures, manuals, and other guidance
documents;
(d) Those that interpret or amend an existing
regulation without changing its environmental
effect;
(e) Technical guidance on safety and security
matters; or
(f) Guidance for the preparation of security plans.
A4............. Information gathering, data analysis and processing,
information dissemination, review, interpretation, and
development of documents. If any of these activities
result in proposals for further action, those
proposals must be covered by an appropriate CE.
Examples include but are not limited to:
(a) Document mailings, publication and distribution,
training and information programs, historical and
cultural demonstrations, and public affairs
actions.
(b) Studies, reports, proposals, analyses,
literature reviews; computer modeling; and non-
intrusive information gathering activities.
A5............. Awarding of contracts for technical support services,
ongoing management and operation of government
facilities.
A6............. Procurement of non-hazardous goods and services, and
storage, recycling, and disposal of non-hazardous
materials and wastes, that complies with applicable
requirements and is in support of routine
administrative, operational, or maintenance
activities. Storage activities must occur on improved
land or in existing facilities. Examples of non-
hazardous goods and services include, but are not
limited to:
(a) Office supplies,
(b) Equipment,
(c) Mobile assets,
(d) Utility services,
(e) Chemicals and low level radio nuclides for
laboratory use,
(f) Deployable emergency response supplies and
equipment, and,
(g) Waste disposal and contracts for waste disposal
in established permitted landfills and facilities.
[[Page 49843]]
A7............. The commitment of resources, personnel, and funding to
conduct audits, surveys, and data collection provided
that the technology or procedure involved is well
understood and there are no adverse environmental
impacts anticipated from it. If any of these
commitments result in proposals for further action,
those proposals must be covered by an appropriate CE.
Examples include, but are not limited to:
(a) Activities designed to support improvement or
upgrade of management of natural resources, such as
surveys for threatened and endangered species,
wildlife and wildlife habitat, historic properties,
and archeological sites; wetland delineations;
minimal water, air, waste, material and soil
sampling; audits, photography, and interpretation;
(b) Minimally-intrusive geological, geophysical, and
geo-technical activities, including mapping and
engineering surveys.
(c) Conducting Facility Audits, Environmental Site
Assessments and Environmental Baseline Surveys,
and,
(d) Vulnerability, risk, and structural integrity
assessments of infrastructure.
CE#... OPERATIONAL ACTIVITIES
B1............. Research, development, testing, and evaluation
activities, or laboratory operations conducted within
existing enclosed facilities consistent with
previously established safety levels and in compliance
with applicable federal, tribal, state, and local
requirements to protect the environment when it will
result in no, or de minimis change in the use of the
facility. If the operation will increase the extent of
potential environmental impacts or is controversial,
an EA (and possibly an EIS) is required.
B2............. Transportation of personnel, equipment, and evidentiary
materials in wheeled vehicles over existing roads or
jeep trails established by federal, tribal, state, or
local governments.
B3............. Use and operation of an existing structure that would
be compatible with and similar in scope to its ongoing
functional uses and would be consistent with
previously established safety levels and in compliance
with applicable federal, tribal, state, or local
requirements to protect the environment.
B4............. Support for or participation in short-lived, beneficial
community projects that do not involve construction,
or significant physical alteration of the environment.
Examples include, but are not limited to:
(a) Earth Day activities,
(b) Cleanup of rivers and parkways, and
(c) Participation in ``team building'' activities.
B5............. Approval of recreational or public activities or events
at a location typically used for that type and scope
(size and intensity) of activity that would not
involve significant physical alteration of the
environment. Examples include, but are not limited to:
(a) Picnics, and
(b) Interpretive programs for historic and cultural
resources, such as programs in conjunction with
state and tribal Historic Preservation Officers, or
with local historic preservation or re-enactment
groups.
B6............. Initial assignment or realignment of vehicles to
existing operational facilities that have the capacity
to accommodate such vehicles or where supporting
infrastructure changes will be minor.
B7............. Acquisition, installation, maintenance, operation, or
evaluation of security equipment to protect people and
materials at existing facilities and the eventual
removal and disposal of that equipment in compliance
with applicable federal, tribal, state, and local
requirements to protect the environment. Examples of
the equipment include, but are not limited to:
(a) Low-level x-ray devices,
(b) Cameras and biometric devices,
(c) Passive inspection devices,
(d) Detection or security systems, and,
(e) Access controls, screening devices, and traffic
management systems.
(f) Alarms,
(g) Fences and temporary barriers,
(h) Preventative security systems.
B8............. Identification, inspections, surveys, or sampling,
testing, seizures, quarantines, removals,
sanitization, and monitoring of items that cause
little or no physical alteration of the environment.
B9............. Routine monitoring and surveillance activities that
support law enforcement such as patrols,
investigations, and intelligence gathering, but not
including any construction activities. This CE would
primarily encompass a variety of daily activities
performed by Treasury emergency management, operations
centers and security personnel.
CE#... REAL ESTATE ACTIVITIES
C1............. Acquisition of an interest in real property and all
facilities on such property that is not within or
adjacent to environmentally protected areas, including
interests less than a fee simple, by purchase, lease,
assignment, easement, condemnation, or donation, which
does not result in a change in the functional use of
the property.
C2............. Lease extensions, renewals, or succeeding leases for
real property and all facilities on such property
where there is no change in the facility's use and all
environmental permits have been acquired and are
current.
C3............. Transfer of administrative control over real property,
including related personal property, between another
federal agency and Treasury that does not result in a
change in the functional use of the property.
C4............. Determination that real property is excess to the needs
of the Treasury and, in the case of acquired real
property, the subsequent reporting of such
determination to the General Services Administration.
CE#... REPAIR AND MAINTENANCE ACTIVITIES
D1............. Minor renovations and additions to buildings, roads,
grounds, equipment, and other facilities that do not
result in a change in the functional use of the real
property (e.g. realigning interior spaces of an
existing building, adding a small storage shed to an
existing building, retrofitting for energy
conservation, or installing a small antenna on a
building roof).
D2............. Routine upgrade, repair, maintenance, or replacement of
equipment and vehicles, or other mobile assets (such
as emergency generators) which is substantially the
same as that routinely performed by private sector
owners.
D3............. Repair and maintenance of Treasury-managed buildings,
roads, grounds, and other facilities which do not
result in a change in functional use (e.g. replacing a
roof, painting a building, resurfacing a road, common
pest control activities, restoration of trails and
firebreaks, culvert maintenance, grounds maintenance,
existing security systems that do not require
individual regulatory permits).
D4............. Reconstruction and/or repair by replacement of existing
utilities in an existing right-of-way or easement.
CE#.... CONSTRUCTION, INSTALLATION, AND DEMOLITION ACTIVITIES
E1............. Installation, operation, maintenance, and removal of
utility and communication systems (such as mobile
antennas, data processing cable, and similar
electronic equipment) that use existing rights-of-way,
easements, utility distribution systems, and/or
associated facilities.
E2............. Addition to an existing structure or improvement of
land where all of the following conditions are met:
(a) The structure and proposed use are compatible
with applicable federal, tribal, state, and local
planning and zoning standards and consistent with
federally approved state coastal management
programs,
(b) The site is in a previously disturbed location,
[[Page 49844]]
(c) The proposed use will not substantially increase
the number of motor vehicles at the facility or in
the area,
(d) The site and scale of construction or
improvement are consistent with those of existing,
adjacent, or nearby buildings, and,
(e) The construction or improvement will not result
in uses that exceed existing support infrastructure
capacities (roads, sewer, water, parking, etc.).
(f) The original footprint of a Treasury facility is
not increased by more than 10 percent.
E3............. Acquisition, installation, operation, and maintenance
of equipment, devices, and/or controls necessary to
mitigate effects of Treasury's actions on health and
the environment. Examples include but are not limited
to:
(a) Installation of new emissions and pollution
control equipment whose new emissions are minor or
offset by emission credits or by the removal of
other equipment and it does not result in increased
air emissions. The installation is done in
compliance with all Federal, state, local and
tribal requirements. Examples include adding new
equipment for printing currency while using credits
to offset the emissions;
(b) Noise abatement measures, including construction
of noise barriers, installation of noise control
materials, or planting native trees and/or native
vegetation for use as a noise abatement measure,
and,
(c) Devices to protect human or animal life, such as
raptor electrocution prevention devices, fencing
and grating to prevent accidental entry to
hazardous or restricted areas, and rescue beacons
to protect human life.
E4............. Removal or demolition, along with subsequent disposal
of debris to permitted or authorized off-site
locations, of non-historic buildings, structures,
other improvements, and/or equipment in compliance
with applicable environmental and safety requirements.
E5............. Natural resource management activities to enhance
native flora and fauna, including site preparation,
and landscaping.
E6............. Reconstruction of roads on Treasury facilities, where
runoff, erosion, and sedimentation issues are
mitigated through implementation of best management
practices as described in EPA's National Menu of Best
Management Practices for Stormwater Phase II.
E7............. Construction of physical fitness and training trails
for non-motorized use on Treasury facilities in areas
that are not environmentally protected, where run-off,
erosion, and sedimentation are mitigated through
implementation of best management practices.
CE#.... HAZARDOUS/RADIOACTIVE MATERIALS MANAGEMENT AND
OPERATIONS
F1............. Routine procurement, transportation, distribution, use
storage, and off-site disposal of hazardous materials
that comply with all applicable federal, state, local,
and tribal requirements.
F2............. Reuse, recycling, and disposal of solid, medical,
radiological, and hazardous waste generated incidental
to Treasury activities that comply with applicable
federal, state, local, and tribal requirements.
Examples include but are not limited to:
(a) Appropriate treatment and disposal of medical
waste conducted in accordance with all federal,
state, local and tribal laws and regulations,
(b) Temporary storage and disposal of solid waste,
conducted in accordance with all federal, state,
local and tribal laws and regulations,
(c) Disposal of radiological waste through
manufacturer return and recycling programs, and,
(d) Hazardous waste minimization activities.
F3............. Use (that may include the processes of installation,
maintenance, non-destructive testing, and
calibration), transport, and storage of hand-held,
mobile or stationary instruments, containing sealed
radiological and radioactive materials, to screen for
possible security violations in compliance with
commercial manufacturers' specifications, as well as
applicable federal requirements to protect the human
environment. Examples of such instruments include but
are not limited to:
(a) Gauging devices, tracers, and other analytical
instruments,
(b) Instruments used in industrial radiography,
(c) Systems used in medical and veterinary practices
and,
(d) Nuclear Regulatory Commission (NRC) approved,
sealed, small source radiation devices for scanning
vehicles and packages where radiation exposure to
employees or the public does not exceed 0.1 rem per
year and where systems are maintained within the
NRC license parameters at existing facilities.
CE#.... TRAINING AND EXERCISES
G1............. Training of security personnel using existing
facilities where the training occurs in accordance
with applicable permits and other requirements for the
protection of the environment. This exclusion does not
apply to training that involves the use of live
chemical, biological, or radiological agents except
when conducted at a location designed and constructed
to contain the materials used for that training.
Examples include but are not limited to:
(a) Administrative or classroom training,
(b) Vehicle operation training,
(c) Security specialties,
(d) Crowd control training,
(e) Enforcement response, self-defense, and
interdiction techniques training, and,
(f) Techniques for use in fingerprinting and drug
analysis.
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[FR Doc. 2014-19891 Filed 8-21-14; 8:45 am]
BILLING CODE 4810-25-P