U.S. Department of Energy Submitva-ma" 

Categorical Exclusion Determination Form

 

 

Proposed Action Title: Proposed Rule Withdrawing Definition of General Service Lamps 1904-AE26)

Program or Field Of?ce: EERE- Buildings Technology Program
Location(s) City/County/ State): Nationwide

 

Proposed Action Description:

On January 19, 2017, the U.S. Department of Energy (DOE) published two final rules adopting revised definitions of general service lamps (GSL),
general service incandescent lamp (GSIL) and other supplemental definitions, effective January 1, 2020.

DOE has since determined that the legal basis underlying those revisions misconstrued existing law. DOE is now proposing to withdraw those
revisions and maintain the existing regulatory definitions of GSL and GSIL.

This proposed rule would thus make no changes to existing definitions and laws.

 

Categorical Exclusion(s) Applied:
85.1 - Actions to conserve energy or water

 

For the complete DOE National Environmental Policy Act regulations regarding categorical exclusions, including the full text of each
categorical exclusion, see Subpart of 10 CFR Part 1021.

Regulatory Requirements in 10 CFR 1021 .410(b): (See full text in regulation)
.The proposal ?ts within a class of actions that is listed in Appendix A or to 10 CFR Part 1021, Subpart D.

To ?t within the classes of actions listed in 10 CFR Part 1021, Subpart D, Appendix B, a proposal must be one that would not: 1) threaten
a violation of applicable statutory, regulatory, or permit requirements for environment, safety, and health, or similar requirements of DOE
or Executive Orders; (2) require siting and construction or major expansion of waste storage, disposal, recovery, or treatment facilities
(including incinerators), but the proposal may include categorically excluded waste storage, disposal, recovery, or treatment actions or
facilities; (3) disturb hazardous substances, pollutants, contaminants, or CERCLA-excluded petroleum and natural gas products that
preexist in the environment such that there would be uncontrolled or unpermitted releases; (4) have the potential to cause signi?cant
impacts on environmentally sensitive resources, including, but not limited to, those listed in paragraph of 10 CFR Part 1021, Subpart
D, Appendix (5) involve genetically engineered organisms, biology, governmentally designated noxious weeds, or invasive
species, unless the proposed activity would be contained or con?ned in a manner designed and operated to prevent unauthorized release
into the environment and conducted in accordance with applicable requirements, such as those listed in paragraph of 10 CFR Part
1021, Subpart D, Appendix B.

.There are no extraordinary circumstances related to the proposal that may affect the signi?cance of the environmental effects of the
proposal.

.The proposal has not been segmented to meet the de?nition of a categorical exclusion. This proposal is not connected to other actions
with potentially signi?cant impacts (40 CFR is not related to other actions with individually insigni?cant but cumulatively
signi?cant impacts (40 CFR and is not precluded by 40 CFR 1506.1 or 10 CFR 1021.211 concerning limitations on actions
during preparation of an environmental impact statement.

Based on my review of the proposed action, as NEPA Compliance Of?cer (as authorized under DOE Order 451.1B), I have determined that
the proposed action ?ts within the speci?ed class(es) of action, the other regulatory requirements set forth above are met, and the proposed
action is hereby categorically excluded from further NEPA review.

NEPA Compliance Of?cer: LISA JORG ENS EN Date Determinedzo7/03/2018