Billing Code: 6001-FR
DEPARTMENT OF DEFENSE
Office of the Secretary
Notice of Adoption of Electric Vehicle Charging Stations Categorical Exclusion
under the National Environmental Policy Act
AGENCY: Defense Threat Reduction Agency (DTRA), Department of Defense (DoD).
ACTION: Notice of adoption of categorical exclusion.
SUMMARY: DTRA is adopting the Department of Energy's (DOE's) Electric Vehicle
(EV) Charging Stations Categorical Exclusion (CE) under the National Environmental
Policy Act (NEPA) to use in DTRA programs and funding opportunities administered by
DTRA. This notice describes the categories of proposed actions for which DTRA intends
to use DOE's CEs and describes the consultation between the agencies.
FOR FURTHER INFORMATION CONTACT: Ms. Sherry Davis, 703-767-7122,
sherry.j.davis3.civ@mail.mil.
SUPPLEMENTARY INFORMATION:
I. Background
National Environmental Policy Act and Categorical Exclusions
The NEPA, as amended at 42 U.S.C. 4321–4347, requires all Federal agencies to assess
the environmental impact of their actions. Congress enacted NEPA in order to encourage
productive and enjoyable harmony between humans and the environment, recognizing
the profound impact of human activity and the critical importance of restoring and
maintaining environmental quality to the overall welfare of humankind (42 U.S.C. 4321,
4331). NEPA's twin aims are to ensure agencies consider the environmental effects of
their proposed actions in their decision-making processes and inform and involve the
public in that process (42 U.S.C. 4331). NEPA created the Council on Environmental

Quality (CEQ), which promulgated NEPA implementing regulations, 40 CFR parts 1500
through 1508 (CEQ regulations).
To comply with NEPA, agencies determine the appropriate level of review—an
Environmental Impact Statement (EIS), Environmental Assessment (EA), or CE (42
U.S.C. 4336). If a proposed action is likely to have significant environmental effects, the
agency must prepare an EIS and document its decision in a record of decision (42 U.S.C.
4336). If the proposed action is not likely to have significant environmental effects or the
effects are unknown, the agency may instead prepare an EA, which involves a more
concise analysis and process than an EIS (42 U.S.C. 4336). Following the EA, the agency
may conclude the process with a finding of no significant impact if the analysis shows
that the action will have no significant effects. If the analysis in the EA finds that the
action is likely to have significant effects, however, then an EIS is required.
Under NEPA and the CEQ regulations, a Federal agency also can establish CEs—
categories of actions that the agency has determined normally do not significantly affect
the quality of the human environment—in their agency NEPA procedures (42 U.S.C.
4336(e)(1); 40 CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an agency determines that a
CE covers a proposed action, it then evaluates the proposed action for extraordinary
circumstances in which a normally excluded action may have a significant effect (40
CFR 1501.4(b)). If no extraordinary circumstances are present or if further analysis
determines that the extraordinary circumstances do not involve the potential for
significant environmental impacts, the agency may apply the CE to the proposed action
without preparing an EA or EIS (42 U.S.C. 4336(a)(2), 40 CFR 1501.4). If the
extraordinary circumstances have the potential to result in significant effects, the agency
is required to prepare an EA or EIS.
Section 109 of NEPA, enacted as part of the Fiscal Responsibility Act of 2023, allows a
Federal agency to “adopt” or use another agency's CEs for a category of proposed agency

actions (42 U.S.C. 4336(c)). To use another agency's CEs under section 109, an agency
must identify the relevant CEs listed in another agency's (“establishing agency”) NEPA
procedures that cover its category of proposed actions or related actions; consult with the
establishing agency to ensure that the proposed adoption of the CE to a category of
actions is appropriate; identify to the public the CE that the agency plans to use for its
proposed actions; and document adoption of the CE.
This notice documents DTRA’s adoption of DOE's Electric Vehicle Charging Stations
CE under section 109 of NEPA to use in DTRA programs and funding opportunities
administered by DTRA Operating Administrations.
II. Identification of the Categorical Exclusion
DOE's EV Charging Stations CE
DOE's EV charging stations CE is codified in DOE's NEPA procedures at 10 CFR part
1021, subpart D, appendix B, B5.23. DOE provides clarification on the meaning of the
phrase, “previously disturbed or developed” used in the CE B5.23 at 10 CFR
1021.410(g)(1).
The DOE CE also includes additional conditions referred to as integral elements at 10
CFR part 1021, subpart D, appendix B that should be considered in order to apply the
CE.
Proposed DTRA Category of Actions
DTRA intends to apply this CE to any DTRA EV charging station project undertaken
directly by DTRA, to any EV charger action requiring an approval by DTRA, or to any
project that is financed in whole or in part through Federal funds made available by
DTRA (including the National Electric Vehicle Infrastructure Formula Program or the
Charging and Fueling Infrastructure Discretionary Grant Program).
The CE allows for the installation, modification, operation, and removal of EV charging
stations. DTRA will consider each proposal for EV charging stations to ensure that the

proposal is within the scope of the CE. DTRA intends to apply this CE in a manner
consistent with DOE's application—to the same types of proposals (which have included
a wide variety of locations on and off Federal property, differences in local conditions,
various numbers of EV charging stations per proposal, and different types of equipment
and technologies including Level 1, Level 2, and DC Fast Charging stations).
III. Consideration of Extraordinary Circumstances
When applying this CE, DTRA will evaluate the proposals to ensure evaluation of
integral elements listed in the DOE's NEPA procedures at 10 CFR part 1021, subpart D,
appendix B. In addition, when considering extraordinary circumstances, DTRA will
consider whether the proposed action has the potential to result in significant effects as
described at 10 CFR 1021.410(b)(2).
IV. Consultation with DOE and Determination of Appropriateness
DTRA and DOE consulted on the appropriateness of DTRA's adoption of the CE on
September 26, 2023. DTRA and DOE's consultation included a review of DOE's
experience developing and applying the CE, as well as the types of actions for which
DTRA plans to utilize the CE. These DTRA actions are very similar to the type of
projects that DOE funds and therefore the impacts of DTRA projects will be very similar
to the impacts of DOE projects, which are not significant, absent the existence of
extraordinary circumstances that could involve potentially significant impacts. Therefore,
DTRA has determined that its proposed use of the CE as described in this notice would
be appropriate. Additional documentation of DOE and DTRA's consultation is available
upon request.
V. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document DTRA's adoption of DOE's CE
for EV charging stations. The notice identifies the types of actions to which DTRA will

apply the CE, as well as the considerations that DTRA will use in determining whether an
action is within the scope of the CE.
Dated: July 2, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2024-14911 Filed: 7/5/2024 8:45 am; Publication Date: 7/8/2024]