Department of the Army, Dod Pt. 651, App. B

Department of the Army, DoD Pt. 651, App. B

Executive Order 11988 As amended (CERCLA, Superfund) (42 U.S.C. 9601 et seq.) Endangered Species Act of Floodplain Management, 3 CFR, 1977 1973. Comp., p. 117 Public Law 93–205, 87 Stat. 884. Executive Order 11990 Fish and Wildlife Coordination Act Protection of Wetlands, 3 CFR, 1977 Comp., Public Law 85–624, Sec. 2, 72 Stat. 563 and p. 121. Public Law 89–72, Sec. 6(b), 79 Stat. 216. Executive Order 12114 National Environmental Policy Act of 1969 Environmental Effects Abroad of Major Federal Actions, 3 CFR, 1979 comp., p. 356. Public Law 91–190, 83 Stat. 852. Executive Order 12778 National Historic Preservation Act Civil Justice Reform, 3 CFR, 1991 Comp., p. Public Law 89–665, 80 Stat. 915. 359. Native American Graves Protection and Executive Order 12856 Repatriation Act Federal Compliance with Right-to-Know Public Law 101–601, 104 Stat. 3048. Laws and Pollution Prevention Require- Pollution Prevention Act of 1990 ments, 3 CFR, 1993 Comp., p. 616. Public Law 101–508, Title VI, Subtitle G, Executive Order 12861 104 Stat. 13880–321. Elimination of One-Half of Executive Resource Conservation and Recovery Act of Branch Internal Regulations, 3 CFR, 1993 1976 Comp., p. 630. Public Law 94–580, 90 Stat. 2795. Executive Order 12866 Sikes Act Regulatory Planning and Review, 3 CFR, 1993 Comp., p. 638. Public Law 86–797, 74 Stat. 1052. NOTE. The following CFRs may be found in Executive Order 12898 your legal office or law library. Copies may Federal Actions to Address Environmental be purchased from the Superintendent of Justice in Minority and Low-Income Popu- Documents, Government Printing Office, lations, 3 CFR, 1994 Comp., p. 859. Washington, DC 20401. Executive Order 13007 36 CFR Part 800 Indian Sacred Sites, 3 CFR, 1996 Comp., p. Advisory Council on Historic Preservation. 196. 40 CFR Parts 1500–1508 Executive Order 13045 Council on Environmental Quality. Protection of Children from Environ- Section III—Prescribed Forms mental Health Risks and Safety Risks, 3 CFR, 1997 Comp., p. 198. This section contains no entries. Executive Order 13061 Section IV—Referenced Forms Federal Support of Community Efforts DA Form 2028 Along American Heritage Rivers, 3 CFR, 1997 Comp., p. 221. Recommended Changes to Publications and Blank Forms. Executive Order 13083 DD Form 1391 Federalism, 3 CFR, 1998 Comp., p. 146. Public Laws: American Indian Religious Military Construction Project Data. Freedom Act. 42 U.S.C. 1996. APPENDIX B TO PART 651—CATEGORICAL EXCLUSIONS Clean Air Act Section I—Screening Criteria As amended (42 U.S.C. 7401, et seq.). Before any CXs can be used, Screening Cri- Clean Water Act of 1977 teria as referenced in § 651.29 must be met. Public Law 95–217, 91 Stat. 1566 and Public Section II—List of CXs Law 96–148, Sec. 1(a)–(c), 93 Stat. 1088. Comprehensive Environmental Response, (a) For convenience only, the CXs are Compensation, and Liability Act of 1980. grouped under common types of activities

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(for example, administration/ operation, con- community participation projects and law struction/demolition, and repair and mainte- enforcement activities. nance). Certain CXs require a REC, which (11) Ceremonies, funerals, and concerts. will be completed and signed by the pro- This includes events such as state funerals, ponent. Concurrence on the use of a CX is re- to include flyovers. quired from the appropriate environmental (12) Reductions and realignments of civil- officer (EO), and that signature is required ian and/or military personnel that: fall below on the REC. The list of CXs is subject to con- the thresholds for reportable actions as pre- tinual review and modification. Requests for scribed by statute (10 U.S.C. 2687) and do not additions or changes to the CXs (along with involve related activities such as construc- justification) should be sent, through chan- tion, renovation, or demolition activities nels, to the ASA (I&E). Subordinate Army that would otherwise require an EA or an headquarters may not modify the CX list EIS to implement (REC required). This in- through supplements to this part. Proposed cludes reorganizations and reassignments modifications to the list of CXs will be pub- with no changes in force structure, unit re- lished in the FR by HQDA, to provide oppor- tunity for public comment. designations, and routine administrative re- (b) Administration/operation activities: organizations and consolidations (REC required). (1) Routine law and order activities performed by military/military police and phys- (13) Actions affecting Army property that ical plant protection and security personnel, fall under another federal agency’s list of and civilian natural resources and environ- categorical exclusions when the other fed- mental law officers. eral agency is the lead agency (decision (2) Emergency or disaster assistance pro- maker), or joint actions on another federal vided to federal, state, or local entities (REC agency’s property that fall under that agen- required). cy’s list of categorical exclusions (REC re- (3) Preparation of regulations, procedures, quired). manuals, and other guidance documents that (14) Relocation of personnel into existing implement, without substantive change, the federally-owned (or state-owned in the case applicable HQDA or other federal agency of ARNG) or commercially-leased space, regulations, procedures, manuals, and other which does not involve a substantial change guidance documents that have been environ- in the supporting infrastructure (for exam- mentally evaluated (subject to previous ple, an increase in vehicular traffic beyond NEPA review). the capacity of the supporting road network (4) Proposed activities and operations to be to accommodate such an increase is an ex- conducted in an existing non-historic struc- ample of substantial change) (REC required). ture which are within the scope and compat- (c) Construction and demolition: ibility of the present functional use of the (1) Construction of an addition to an exist- building, will not result in a substantial in- ing structure or new construction on a pre- crease in waste discharged to the environ- viously undisturbed site if the area to be dis- ment, will not result in substantially dif- turbed has no more than 5.0 cumulative ferent waste discharges from current or pre- acres of new surface disturbance. This does vious activities, and emissions will remain not include construction of facilities for the within established permit limits, if any (REC transportation, distribution, use, storage, required). treatment, and disposal of solid waste, med- (5) Normal personnel, fiscal, and adminis- ical waste, and hazardous waste (REC re- trative activities involving military and ci- quired). vilian personnel (recruiting, processing, pay- (2) Demolition of non-historic buildings, ing, and records keeping). structures, or other improvements and dis- (6) Routinely conducted recreation and posal of debris therefrom, or removal of a welfare activities not involving off-road rec- part thereof for disposal, in accordance with reational vehicles. applicable regulations, including those regu- (7) Deployment of military units on a tem- lations applying to removal of asbestos, pol- porary duty (TDY) or training basis where existing facilities are used for their intended ychlorinated biphenyls (PCBs), lead-based purposes consistent with the scope and size paint, and other special hazard items (REC of existing mission. required). (8) Preparation of administrative or per- (3) Road or trail construction and repair on sonnel-related studies, reports, or investiga- existing rights-of-ways or on previously dis- tions. turbed areas. (9) Approval of asbestos or lead-based paint (d) Cultural and natural resource manage- management plans drafted in accordance ment activities: with applicable laws and regulations (REC (1) Land regeneration activities using only required). native trees and vegetation, including site (10) Non-construction activities in support preparation. This does not include forestry of other agencies/organizations involving operations (REC required).

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(2) Routine maintenance of streams and there is no change from the original product ditches or other rainwater conveyance struc- design and there are no unusual disposal re- tures (in accordance with USACE permit au- quirements. The development and use by the thority under Section 404 of the Clean Water military of non-lethal munitions and re- Act and applicable state and local permits), straints which are similar to those used by and erosion control and stormwater control local police forces and in which there are no structures (REC required). unusual disposal requirements (REC re- (3) Implementation of hunting and fishing quired). policies or regulations that are consistent (f) Real estate activities: with state and local regulations. (1) Grants or acquisitions of leases, li- (4) Studies, data collection, monitoring censes, easements, and permits for use of and information gathering that do not in- real property or facilities in which there is volve major surface disturbance. Examples no significant change in land or facility use. include topographic surveys, bird counts, Examples include, but are not limited to, wetland mapping, and other resources inven- Army controlled property and Army leases tories (REC required). of civilian property to include leases of (5) Maintenance of archaeological, histor- training, administrative, general use, special ical, and endangered/threatened species purpose, or warehouse space (REC required). avoidance markers, fencing, and signs. (2) Disposal of excess easement areas to the (e) Procurement and contract activities: underlying fee owner (REC required). (1) Routine procurement of goods and serv- (3) Transfer of real property administrative ices (complying with applicable procedures control within the Army, to another mili- for sustainable or ‘‘green’’ procurement) to tary department, or to other federal agency, support operations and infrastructure, in- including the return of public domain lands cluding routine utility services and con- to the Department of Interior, and reporting tracts. of property as excess and surplus to the GSA (2) Acquisition, installation, and operation for disposal (REC required). of utility and communication systems, mo- (4) Transfer of active installation utilities bile antennas, data processing cable and to a commercial or governmental utility similar electronic equipment that use exist- provider, except for those systems on prop- ing right-of-way, easement, distribution sys- erty that has been declared excess and pro- tems, and/or facilities (REC required). posed for disposal (REC required). (3) Conversion of commercial activities (5) Acquisition of real property (including under the provisions of AR 5–20. This in- facilities) where the land use will not change cludes only those actions that do not change substantially or where the land acquired will the actions or the missions of the organiza- not exceed 40 acres and the use will be simi- tion or alter the existing land-use patterns. lar to current or ongoing Army activities on (4) Modification, product improvement, or adjacent land (REC required). configuration engineering design change to (6) Disposal of real property (including fa- materiel, structure, or item that does not cilities) by the Army where the reasonably change the original impact of the materiel, foreseeable use will not change significantly structure, or item on the environment (REC (REC required). required). (g) Repair and maintenance activities: (5) Procurement, testing, use, and/or con- (1) Routine repair and maintenance of version of a commercially available product buildings, airfields, grounds, equipment, and (for example, forklift, generator, chain saw, other facilities. Examples include, but are etc.) which does not meet the definition of a not limited to: Removal and disposal of as- weapon system (Title 10, U.S.C., Section 2403. bestos-containing material (for example, ‘‘Major weapon systems: Contractor guaran- roof material and floor tile) or lead-based tees’’), and does not result in any unusual paint in accordance with applicable regula- disposal requirements. tions; removal of dead, diseased, or damaged (6) Acquisition or contracting for spares trees; and repair of roofs, doors, windows, or and spare parts, consistent with the ap- fixtures (REC required for removal and dis- proved Technical Data Package (TDP). posal of asbestos-containing material and (7) Modification and adaptation of com- lead-based paint or work on historic struc- mercially available items and products for tures). military application (for example, sports- (2) Routine repairs and maintenance of man’s products and wear such as holsters, roads, trails, and firebreaks. Examples in- shotguns, sidearms, protective shields, etc.), clude, but are not limited to: grading and as long as modifications do not alter the nor- clearing the roadside of brush with or with- mal impact to the environment (REC re- out the use of herbicides; resurfacing a road quired). to its original conditions; pruning vegeta- (8) Adaptation of non-lethal munitions and tion, removal of dead, diseased, or damaged restraints from law enforcement suppliers trees and cleaning culverts; and minor soil and industry (such as rubber bullets, stun stabilization activities. grenades, smoke bombs, etc.) for military (3) Routine repair and maintenance of police and crowd control activities where equipment and vehicles (for example, autos,

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tractors, lawn equipment, military vehicles, (1) Simulated war games (classroom set- etc.) which is substantially the same as that ting) and on-post tactical and logistical ex- routinely performed by private sector owners ercises involving units of battalion size or and operators of similar equipment and vehi- smaller, and where tracked vehicles will not cles. This does not include depot mainte- be used (REC required to demonstrate co- nance of unique military equipment. ordination with installation range control (h) Hazardous materials/hazardous waste and environmental office). management and operations: (2) Training entirely of an administrative (1) Use of gauging devices, analytical in- or classroom nature. struments, and other devices containing (3) Intermittent on-post training activities sealed radiological sources; use of industrial (or off-post training covered by an ARNG radiography; use of radioactive material in land use agreement) that involve no live fire medical and veterinary practices; possession or vehicles off established roads or trails. of radioactive material incident to per- Uses include, but are not limited to, land forming services such as installation, main- navigation, physical training, Federal Avia- tenance, leak tests, and calibration; use of tion Administration (FAA) approved aerial uranium as shielding material in containers overflights, and small unit level training. or devices; and radioactive tracers (REC re- (j) Aircraft and airfield activities: quired). (1) Infrequent, temporary (less than 30 (2) Immediate responses in accordance days) increases in air operations up to 50 per- cent of the typical installation aircraft oper- with emergency response plans (for example, ation rate (REC required). Spill Prevention Control and Counter- (2) Flying activities in compliance with measure Plan (SPCCP)/Installation Spill Federal Aviation Administration Regula- Contingency Plan (ISCP), and Chemical Ac- tions and in accordance with normal flight cident and Incident Response Plan) for re- patterns and elevations for that facility, lease or discharge of oil or hazardous mate- where the flight patterns/elevations have rials/substances; or emergency actions taken been addressed in an installation master by Explosive Ordnance Demolition (EOD) de- plan or other planning document that has tachment or Technical Escort Unit. been subject to NEPA public review. (3) Sampling, surveying, well drilling and (3) Installation, repair, or upgrade of air- installation, analytical testing, site prepara- field equipment (for example, runway visual tion, and intrusive testing to determine if range equipment, visual approach slope indi- hazardous wastes, contaminants, pollutants, cators). or special hazards (for example, asbestos, (4) Army participation in established air PCBs, lead-based paint, or unexploded ord- shows sponsored or conducted by non-Army nance) are present (REC required). entities on other than Army property. (4) Routine management, to include transportation, distribution, use, storage, treat- APPENDIX C TO PART 651—MITIGATION ment, and disposal of solid waste, medical AND MONITORING waste, radiological and special hazards (for example, asbestos, PCBs, lead-based paint, or (a) The CEQ regulations (40 CFR parts 1500– unexploded ordnance), and/or hazardous 1508) recognize the following five means of waste that complies with EPA, Army, or mitigating an environmental impact. These other regulatory agency requirements. This five approaches to mitigation are presented CX is not applicable to new construction of in order of desirability. facilities for such management purposes. (1) Avoiding the impact altogether by not (5) Research, testing, and operations con- taking a certain action or parts of an action. ducted at existing enclosed facilities con- This method avoids environmental impact sistent with previously established safety by eliminating certain activities in certain levels and in compliance with applicable fed- areas. As an example, the Army’s Integrated eral, state, and local standards. For facilities Training Area Management (ITAM) program without existing NEPA analysis, including accounts for training requirements and ac- contractor-operated facilities, if the oper- tivities while considering natural and cul- ation will substantially increase the extent tural resource conditions on ranges and of potential environmental impacts or is training land. This program allows informed controversial, an EA (and possibly an EIS) is management decisions associated with the required. use of these lands, and has mitigated poten- (6) Reutilization, marketing, distribution, tial impacts by limiting activities to areas donation, and resale of items, equipment, or that are compatible with Army training materiel; normal transfer of items to the De- needs. Sensitive habitats and other resources fense Logistics Agency. Items, equipment, or are thus protected, while the mission re- materiel that have been contaminated with quirements are still met. hazardous materials or wastes will be ade- (2) Minimizing impacts by limiting the de- quately cleaned and will conform to the ap- gree or magnitude of the action and its im- plicable regulatory agency’s requirements. plementation. Limiting the degree or mag- (i) Training and testing: nitude of the action can reduce the extent of

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