If not superseded by Procedure 13, Following the Environmental Critique and Environmental Synopsis Processes (RESERVED), the Line Organization requests that the Applicant prepares an Environmental Checklist (i.e., an environmental disclosure form, for example, see National Environmental Policy Act [NEPA] Environmental Evaluation Notification Form [Example], and Instructions for Preparing NEPA Environmental Evaluation Notification Form [Example]) for the proposed action in accordance with the organization’s local procedures and submits the documentation to the NCO.

The DOE Sponsoring Line Organization reviews the checklist for completeness.

1. If complete, continue to Step 3.

2. If incomplete, it is returned to the applicant for further effort.

The DOE Sponsoring Line Organization reviews the description of the proposed action contained in the Environmental Checklist to determine whether the activity is covered by a pre‑existing Generic Categorical Exclusion (CX) Determination (see Procedure 4, Implementing Generic Categorical Exclusion [CX] Determinations).

1. If so, the existing CX Determination is cited on the Environmental Checklist and/or in the Line Organization’s records and the NEPA process ends.

2. If no Generic CX applies or if the Line Organization is not aware whether one applies, the Environmental Checklist is forwarded to the NCO for further consideration.

NOTE:  When a Generic CX exists, a determination has already been made. The Line Organization is therefore, “applying” the pre‑existing CX Determination as opposed to “making” a new one.

The NCO also views the Environmental Checklist for completeness.

1. If the documentation is adequate, continue to Step 5.

2. If the documentation is inadequate, the NCO returns the Environmental Checklist with comments for revision to the DOE Sponsoring Line Organization, which in turn returns it to the Applicant.

The NCO reviews the description of the proposed action contained in the Environmental Checklist to determine whether NEPA applies (i.e., whether the action is subject to Federal control and responsibility). See the definition of “action” in 10 CFR 1021.104, Definitions.

1. If yes, continue to Step 6.

2. If not, the rationale is documented and the NEPA review ends.

If the Environmental Checklist describes a Federal action, the NCO reviews the Environmental Checklist to determine the potential of the proposed action to impact the human environment, consulting Subpart D of 10 CFR 1021, Typical Classes of Actions.

1. If the proposed action is listed in 10 CFR 1021, Appendix A to Subpart D of Part 1021—Categorical Exclusions Applicable to General Agency Actions, and there are no extraordinary circumstances and the action is not connected to other actions with potentially significant impacts (as described in 10 CFR 1021.410[b][2] and [3]), the CX Determination is documented on the Environmental Checklist. CX Determinations shall be documented and made available pursuant to Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA).

2. If the proposed action is listed in 10 CFR 1021, Appendix B to Subpart D of Part 1021—Categorical Exclusions Applicable to Specific Agency Actions, and there are no extraordinary circumstances and the action is not connected to other actions with potentially significant impacts (as described in 10 CFR 1021.410[b][2] and [3]), and the four conditions listed in Appendix B(1) to B(4) are met, then a CX is the appropriate level of review. The CX Determination must be documented on the Environmental Checklist. CX Determinations shall be documented and made available to the public pursuant to Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA).

3. If the proposed action is listed in 10 CFR 1021, Appendix C to Subpart D of Part 1021—Classes of Actions that Normally Require EAs but not Necessarily EISs, then an Environmental Assessment (EA) is normally the appropriate level of review. The EA Determination is documented on the Environmental Checklist. An EA Determination (EAD) must be signed by the SO/HFO to authorize preparation of an EA. See Procedure 5, Following the Environmental Assessment (EA) Process.

4. If the proposed action is listed in 10 CFR 1021, Appendix D to Subpart D of Part 1021—Classes of Actions that Normally Require EISs, then an Environmental Impact Statement (EIS) is normally the appropriate level of review. The EIS Determination is documented on the Environmental Checklist. An EIS Determination (EISD) must be signed by the SO/HFO to authorize preparation of an EIS. See Procedure 6, Following the Environmental Impact Statement (EIS) Process.

5. If the proposed action does not fall within one of the categories of actions in Subpart D of 10 CFR 1021, the NCO recommends whether to prepare an EA or EIS based upon the potential for significant impacts. As defined in the 40 CFR 1508.27, Council on Environmental Quality Regulations, the term significant requires consideration of both context and intensity of the action. When evaluating intensity, factors which must be considered include beneficial as well as adverse impacts, impacts to sensitive resources (e.g., wetlands, floodplains, cultural resources, endangered, and threatened species, prime farmlands), highly controversial impacts, impacts to public health or safety, environmental justice, cumulative impacts, highly uncertain or unique impacts, actions which may establish a precedent for future actions with potentially significant effects, and actions that threaten to violate environmental laws or regulations. In the absence of a clear-cut pathway to NEPA compliance, it is always appropriate to commence the NEPA process with the preparation of an EA. See 10 CFR 1021.321, Requirements for Environmental Assessments, and 40 CFR 1508.9(a), Environmental Assessment.

The NCO documents the Class of Action and obtains appropriate DOE concurrences on the Environmental Checklist as determined by local procedures and signs/dates the Environmental Checklist. An NCO determination to recommend the preparation of an EA or an EIS must always have the concurrence of Legal Counsel. Proceed to Procedure 5, Following the Environmental Assessment (EA) Process, or Procedure 6, Following the Environmental Impact Statement (EIS) Process.

1. The NCO ensures that official records of NEPA documentation submitted and approved are maintained in accordance with Procedure 14, Maintaining Administrative Records for the National Environmental Policy Act (NEPA) Process, and the SC Management System: Records Management.

2. The NCO forwards electronic copies of all determinations to the Line Organization.

NOTE:  CX Determinations must be made available to the public per Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA).