215-20 DOE NEPA DETERMINATION.PDF
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RECIPIENT:States and Territories with DOE-executed Signed Historical Peservation Agreements STATE: Mult PROJECT TITLE : Weatherization Assistance Program Fiscal Year 2020 Formula Awards Funding Opportunity Announcement Number Procurement Instrument Number NEPA Control Number CID Number WAP-ALRD-2020A WAP-ALRD-2020A GFO-WAP-ALRD-2020A Based on my review of the information concerning the proposed action, as NEPA Compliance Officer (authorized under DOE Policy 451.1), I have made the following determination: CX, EA, EIS APPENDIX AND NUMBER: Description: A9 Information gathering, analysis, and dissemination Information gathering (including, but not limited to, literature surveys, inventories, site visits, and audits), data analysis (including, but not limited to, computer modeling), document preparation (including, but not limited to, conceptual design, feasibility studies, and analytical energy supply and demand studies), and information dissemination (including, but not limited to, document publication and distribution, and classroom training and informational programs), but not including site characterization or environmental monitoring. (See also B3.1 of appendix B to this subpart.) A11 Technical advice and assistance to organizations Technical advice and planning assistance to international, national, state, and local organizations. B1.16 Asbestos removal Removal of asbestos-containing materials from buildings in accordance with applicable requirements (such as 40 CFR part 61, “National Emission Standards for Hazardous Air Pollutants”; 40 CFR part 763, “Asbestos”; 29 CFR part 1910, subpart I, “Personal Protective Equipment”; and 29 CFR part 1926, “Safety and Health Regulations for Construction”; and appropriate state and local requirements, including certification of removal contractors and technicians). B1.34 Lead- based paint containment, removal, and disposal Containment, removal, and disposal of lead-based paint in accordance with applicable requirements (such as provisions relating to the certification of removal contractors and technicians at 40 CFR part 745, “Lead-Based Paint Poisoning Prevention In Certain Residential Structures”). B2.2 Building and equipment instrumentation Installation of, or improvements to, building and equipment instrumentation (including, but not limited to, remote control panels, remote monitoring capability, alarm and surveillance systems, control systems to provide automatic shutdown, fire detection and protection systems, water consumption monitors and flow control systems, announcement and emergency warning systems, criticality and radiation monitors and alarms, and safeguards and security equipment). B3.1 Site characterization and environmental monitoring Site characterization and environmental monitoring (including, but not limited to, siting, construction, modification, operation, and dismantlement and removal or otherwise proper closure (such as of a well) of characterization and monitoring devices, and siting, construction, and associated operation of a small- scale laboratory building or renovation of a room in an existing building for sample analysis). Such activities would be designed in conformance with applicable requirements and use best management practices to limit the potential effects of any resultant ground disturbance. Covered activities include, but are not limited to, site characterization and environmental monitoring under CERCLA and RCRA. (This class of actions excludes activities in aquatic environments. See B3.16 of this appendix for such activities.) Specific activities include, but are not limited to: (a) Geological, geophysical (such as gravity, magnetic, electrical, seismic, radar, and temperature gradient), geochemical, and engineering surveys and mapping, and the establishment of survey marks. Seismic techniques would not include large-scale reflection or refraction testing; (b) Installation and operation of field instruments (such as stream-gauging stations or flow-measuring devices, telemetry systems, geochemical monitoring tools, and geophysical exploration tools); (c) Drilling of wells for sampling or monitoring of groundwater or the vadose (unsaturated) zone, well logging, and installation of water-level recording devices in wells; (d) Aquifer and underground reservoir response testing; (e) Installation and operation of ambient air monitoring equipment; (f) Sampling and characterization of water, soil, rock, or contaminants (such as drilling using truck- or mobile-scale equipment, and modification, use, and plugging of boreholes); (g) Sampling and characterization of water effluents, air emissions, or solid waste streams; (h) Installation and operation of meteorological towers and associated activities (such as assessment of potential wind energy resources); (i) Sampling of flora or Page 1 of 5 U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Question... 2/28/2020 https://www.eere-pmc.energy.gov/GONEPA/ND_form_V2.aspx?key=23416 fauna; and (j) Archeological, historic, and cultural resource identification in compliance with 36 CFR part 800 and 43 CFR part 7. B5.1 Actions to conserve energy or water (a) Actions to conserve energy or water, demonstrate potential energy or water conservation, and promote energy efficiency that would not have the potential to cause significant changes in the indoor or outdoor concentrations of potentially harmful substances. These actions may involve financial and technical assistance to individuals (such as builders, owners, consultants, manufacturers, and designers), organizations (such as utilities), and governments (such as state, local, and tribal). Covered actions include, but are not limited to weatherization (such as insulation and replacing windows and doors); programmed lowering of thermostat settings; placement of timers on hot water heaters; installation or replacement of energy efficient lighting, low-flow plumbing fixtures (such as faucets, toilets, and showerheads), heating, ventilation, and air conditioning systems, and appliances; installation of drip- irrigation systems; improvements in generator efficiency and appliance efficiency ratings; efficiency improvements for vehicles and transportation (such as fleet changeout); power storage (such as flywheels and batteries, generally less than 10 megawatt equivalent); transportation management systems (such as traffic signal control systems, car navigation, speed cameras, and automatic plate number recognition); development of energy-efficient manufacturing, industrial, or building practices; and small-scale energy efficiency and conservation research and development and small-scale pilot projects. Covered actions include building renovations or new structures, provided that they occur in a previously disturbed or developed area. Covered actions could involve commercial, residential, agricultural, academic, institutional, or industrial sectors. Covered actions do not include rulemakings, standard-settings, or proposed DOE legislation, except for those actions listed in B5.1(b) of this appendix. (b) Covered actions include rulemakings that establish energy conservation standards for consumer products and industrial equipment, provided that the actions would not: (1) have the potential to cause a significant change in manufacturing infrastructure (such as construction of new manufacturing plants with considerable associated ground disturbance); (2) involve significant unresolved conflicts concerning alternative uses of available resources (such as rare or limited raw materials); (3) have the potential to result in a significant increase in the disposal of materials posing significant risks to human health and the environment (such as RCRA hazardous wastes); or (4) have the potential to cause a significant increase in energy consumption in a state or region. B5.16 Solar photovoltaic systems The installation, modification, operation, and removal of commercially available solar photovoltaic systems located on a building or other structure (such as rooftop, parking lot or facility, and mounted to signage, lighting, gates, or fences), or if located on land, generally comprising less than 10 acres within a previously disturbed or developed area. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices. B5.17 Solar thermal systems The installation, modification, operation, and removal of commercially available smallscale solar thermal systems (including, but not limited to, solar hot water systems) located on or contiguous to a building, and if located on land, generally comprising less than 10 acres within a previously disturbed or developed area. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices. Rationale for determination: The U.S. Department of Energy (DOE) administers the Weatherization Assistance Program (WAP) as authorized by Title IV, Energy Conservation and Production Act, as amended. The goal of WAP is to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential expenditures, and improve their health and safety. DOE anticipates making approximately 57 formula-based awards under the Fiscal Year 2020 WAP to states, territories, a tribal government, and the District of Columbia (hereinafter "States"). Each home weatherized under WAP would receive approximately $7,669 as determined by site-specific outcomes of the energy audit process. This NEPA determination is specific to WAP Recipients with a DOE executed Historic Preservation Programmatic Agreement. WAP Recipients without a DOE executed Historic Preservation Programmatic Agreement have a separate NEPA determination: GFO-WAP-ALRD 2020B. Allowable activities include: 1. Energy audits including diagnostic testing to determine the scope of weatherization activities at each home. 2. Administrative activities associated with management of the designated Weatherization Office and management of programs and strategies in support of weatherization activities. 3. Development and implementation of training programs and strategies for weatherization efforts, including initial home energy audits, final inspections and client education. 4. Purchase of vehicles and equipment needed for administrative activities, weatherization energy audits, installation Page 2 of 5 U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Question... 2/28/2020 https://www.eere-pmc.energy.gov/GONEPA/ND_form_V2.aspx?key=23416 of measures indicated below, and quality control inspections. 5. Weatherization activities provided that projects apply the restrictions of each State’s DOE executed historic preservation programmatic agreement with their State Historic Preservation Office (SHPO), and are limited to: a. Building Shell Measures: i. Install insulation where needed ii. Perform air sealing iii. Repair and replace windows, install window film, awnings and solar screens b. Mechanical Measures i. Clean, tune, repair, or replace heating and/or cooling systems ii. Install duct and heating pipe insulation iii. Repair leaks in heating/cooling ducts iv. Install programmable thermostats v. Repair/replace water heaters vi. Install water heater tank insulation c. Electric and Water Measures i. Install efficient light sources ii. Install low-flow showerheads iii. Replace inefficient refrigerators with energy-efficient models 6. Energy-related health and safety measures (per DOE WAP Guidance WPN 17-7) including: a. Combustion appliance safety inspections b. Air quality assessment and limited removal of formaldehyde, volatile organic compounds, flammable liquids, and other air pollutants c. Gas and bulk fuel leak inspections d. Limited testing and/or containment, removal or disposal of lead, asbestos, refrigerant, and mercury, and other materials generated during the course of WAP activities e. Cleaning of mold limited to surface preparation for WAP activities f. Conduct radon testing and precautionary measures, including but not limited to, covering exposed dirt floors with polyethylene sheeting which contains a rating of no more than 0.1 perm, which is sealed and attached at all seams, walls and foundation penetrations g. Inspect and install carbon monoxide and smoke alarms h. Install ventilation as required by the American Society of Heating and Air-Conditioning Engineers (ASHRAE) 62.2-2016 standard, including blower door testing addressing infiltration, ventilation, and exhaust 7. Incidental and necessary energy-related repairs and replacements a. Repair/replace damaged windows and doors b. Minor electrical and plumbing repairs 8. Installation of appropriately sized solar photovoltaic (PV) and/or solar hot water heating systems on buildings with 1-4 units, subject to the following restrictions: a. PV systems would not exceed 15 kW, and/or solar hot water heating systems would not exceed 200,000 BTU/HR. b. Systems would be roof mounted or attached to a structure. Installation would include attaching the system to the structure and installing necessary electrical connections. c. Any necessary battery storage would be attached to the structure. d. No tree removal would occur. Activities/projects not listed above, including ground disturbing activities and tree removal, are not included under the ALRD categorical exclusion and are subject to additional NEPA review and approval by DOE. For activities/projects, requiring additional NEPA review, states must complete the environmental questionnaire (EQ-1): https://www.eere- pmc.energy.gov/NEPA.aspx and receive notification from DOE that the NEPA review has been completed and approved by the Contracting Officer prior to initiating the project or activities. All incidental measures relating to hazardous materials identified during the WAP activities would be managed in accordance with applicable federal, state, and local requirements. NEPA PROVISION DOE has made a conditional NEPA determination. The NEPA Determination applies to the following Topic Areas, Budget Periods, and/or tasks: Page 3 of 5 U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Question... 2/28/2020 https://www.eere-pmc.energy.gov/GONEPA/ND_form_V2.aspx?key=23416 This NEPA Determination only applies to projects funded by WAP-ALRD-2020 and completed by Recipients that have a DOE executed Historic Preservation Programmatic Agreement, and to projects that fit within the “Allowable activities” listed in the rationale section above. The NEPA Determination does not apply to the following Topic Area, Budget Periods, and/or tasks: This NEPA Determination does NOT apply to Recipients that do not have a DOE executed Historic Preservation Programmatic Agreement, and projects that do not fit within the “Allowable activities” listed above. Include the following condition in the financial assisstance agreement: Activities/projects not listed under "Allowable activities" are subject to additional NEPA review and approval by DOE, whether the intention is to use WAP formula or Petroleum Violation Escrow (PVE) funds to fund the project. For activities/projects, requiring additional NEPA review, states must complete the environmental questionnaire: https://www.eere-pmc.energy.gov/NEPA.aspx and receive notification from DOE that the NEPA review has been completed and approved by the Contracting Officer prior to initiating the project or activities. Some weatherization activities listed under "Allowable activities" are more restrictive than the Categorical Exclusion. The restrictions listed in the "Allowable activities" must be followed. Recipients shall adhere to the restrictions of their DOE executed PA for historic preservation. Additionally, recipients must adhere to the requirements included in “Term 8. Historic Preservation” included in the Special Terms and Conditions of the financial assistance agreement. Notes: Weatherization & Intergovernmental Programs Office - WAP This NEPA Determination requires a tailored NEPA provision. NEPA review completed by Diana Heyder, 02/03/20 FOR CATEGORICAL EXCLUSION DETERMINATIONS The proposed action (or the part of the proposal defined in the Rationale above) fits within a class of actions that is listed in Appendix A or B to 10 CFR Part 1021, Subpart D. To fit 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 significant impacts on environmentally sensitive resources, including, but not limited to, those listed in paragraph B(4) of 10 CFR Part 1021, Subpart D, Appendix B; (5) involve genetically engineered organisms, synthetic biology, governmentally designated noxious weeds, or invasive species, unless the proposed activity would be contained or confined 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 B(5) of 10 CFR Part 1021, Subpart D, Appendix B. There are no extraordinary circumstances related to the proposed action that may affect the significance of the environmental effects of the proposal. The proposed action has not been segmented to meet the definition of a categorical exclusion. This proposal is not connected to other actions with potentially significant impacts (40 CFR 1508.25(a)(1)), is not related to other actions with individually insignificant but cumulatively significant impacts (40 CFR 1508.27(b)(7)), 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. A portion of the proposed action is categorically excluded from further NEPA review. The NEPA Provision identifies Topic Areas, Budget Periods, tasks, and/or subtasks that are subject to additional NEPA review. SIGNATURE OF THIS MEMORANDUM CONSTITUTES A RECORD OF THIS DECISION. NEPA Compliance Officer Signature: Casey Strickland Date: 2/5/2020 NEPA Compliance Officer Page 4 of 5 U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Question... 2/28/2020 https://www.eere-pmc.energy.gov/GONEPA/ND_form_V2.aspx?key=23416 FIELD OFFICE MANAGER DETERMINATION Field Office Manager review not required Field Office Manager review required BASED ON MY REVIEW I CONCUR WITH THE DETERMINATION OF THE NCO : Field Office Manager's Signature: Date: Field Office Manager Page 5 of 5 U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Question... 2/28/2020 https://www.eere-pmc.energy.gov/GONEPA/ND_form_V2.aspx?key=23416