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®: CRE Regulatory Action of the Week

DOE Adds New NEPA Categorical Exclusions
On October 13, 2011, the U.S. Department of Energy published Federal Register notice of final regulations revising DOE's National Environmental Policy Act Implementing Procedures. The majority of the changes affect DOE's categorical exclusion provisions. According to DOE,

    "These revisions are intended to better align the Department's regulations, particularly its categorical exclusions, with DOE's current activities and recent experiences, and to update the provisions with respect to current technologies and regulatory requirements. DOE is establishing 20 new categorical exclusions and removing two categorical exclusion categories, one environmental assessment category, and three environmental impact statement categories. Other changes modify and clarify DOE's existing provisions."
DOE's Federal Register notice includes the Department's lengthy responses to the many comments filed on DOE's proposed changes. Many of these comments opposed the proposed changes.
  • Click here to read DOE's Federal Register notice