Are energy efficiency projects categorically excluded from NEPA review?
Many energy efficiency projects fit within DOE’s categorical exclusions (CXs) (Appendices A and B of Subpart D of DOE’s NEPA regulations, 10 C.F.R. Part 1021), absent any extraordinary circumstances. See, e.g., 10 C.F.R. § 1021, App. B5.1 (2009). Once DOE determines that an activity qualifies for a CX, further NEPA review is not required for that project. The determination is made on a case-by-case basis. Applicants can facilitate DOE determining whether a CX applies by clearly defining the proposed activity, particularly its scale or scope. • If a State has two market titles that involve commercial and industrial building retrofit HVAC projects in existing structures that were not approved, should they be considered for categorical exclusions? Depending on the nature of the retrofit, and absent any extraordinary circumstances, they may be categorically excluded from detailed NEPA review; but they may not have been approved for other reasons. Contact the DOE SEP project manager respons
