[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR651.29]

[Page 409-410]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 651--ENVIRONMENTAL ANALYSIS OF ARMY ACTIONS (AR 200-2)--Table of Contents
 
                    Subpart D--Categorical Exclusions
 
Sec. 651.29  Determining when to use a CX (screening criteria).

    (a) To use a CX, the proponent must satisfy the following three 
screening conditions:
    (1) The action has not been segmented. Determine that the action has 
not been segmented to meet the definition of a CX. Segmentation can 
occur when an action is broken down into small parts in order to avoid 
the appearance of significance of the total action. An action can be too 
narrowly defined, minimizing potential impacts in an effort to avoid a 
higher level of NEPA documentation. The scope of an action must include 
the consideration of connected, cumulative, and similar actions (see 
Sec. 651.51(a)).
    (2) No exceptional circumstances exist. Determine if the action 
involves extraordinary circumstances that would preclude the use of a CX 
(see paragraphs (b) (1) through (14) of this section).
    (3) One (or more) CX encompasses the proposed action. Identify a CX 
(or multiple CXs) that potentially encompasses the proposed action 
(Appendix B of this part). If no CX is appropriate, and the project is 
not exempted by statute or emergency provisions, an EA or an EIS must be 
prepared, before a proposed action may proceed.
    (b) Extraordinary circumstances that preclude the use of a CX are:
    (1) Reasonable likelihood of significant effects on public health, 
safety, or the environment.
    (2) Reasonable likelihood of significant environmental effects 
(direct, indirect, and cumulative).
    (3) Imposition of uncertain or unique environmental risks.
    (4) Greater scope or size than is normal for this category of 
action.
    (5) Reportable releases of hazardous or toxic substances as 
specified in 40 CFR part 302, Designation, Reportable Quantities, and 
Notification.
    (6) Releases of petroleum, oils, and lubricants (POL) except from a 
properly functioning engine or vehicle, application of pesticides and 
herbicides, or where the proposed action results in the requirement to 
develop or amend a Spill Prevention, Control, or Countermeasures Plan.
    (7) When a review of an action that might otherwise qualify for a 
Record of Non-applicability (RONA) reveals that air emissions exceed de 
minimis levels or otherwise that a formal Clean Air Act conformity 
determination is required.
    (8) Reasonable likelihood of violating any federal, state, or local 
law or requirements imposed for the protection of the environment.
    (9) Unresolved effect on environmentally sensitive resources, as 
defined in paragraph (c) of this section.
    (10) Involving effects on the quality of the environment that are 
likely to be highly controversial.
    (11) Involving effects on the environment that are highly uncertain, 
involve unique or unknown risks, or are scientifically controversial.
    (12) Establishes a precedent (or makes decisions in principle) for 
future or subsequent actions that are reasonably likely to have a future 
significant effect.
    (13) Potential for degradation of already existing poor 
environmental conditions. Also, initiation of a degrading influence, 
activity, or effect in areas not already significantly modified from 
their natural condition.
    (14) Introduction/employment of unproven technology.
    (c) If a proposed action would adversely affect ``environmentally 
sensitive'' resources, unless the impact has been resolved through 
another environmental process (e.g., CZMA, NHPA, CWA, etc.) a CX cannot 
be used (see paragraph (e) of this section). Environmentally sensitive 
resources include:
    (1) Proposed federally listed, threatened, or endangered species or 
their designated critical habitats.
    (2) Properties listed or eligible for listing on the National 
Register of Historic Places (AR 200-4).
    (3) Areas having special designation or recognition such as prime or 
unique

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agricultural lands; coastal zones; designated wilderness or wilderness 
study areas; wild and scenic rivers; National Historic Landmarks 
(designated by the Secretary of the Interior); 100-year floodplains; 
wetlands; sole source aquifers (potential sources of drinking water); 
National Wildlife Refuges; National Parks; areas of critical 
environmental concern; or other areas of high environmental sensitivity.
    (4) Cultural Resources as defined in AR 200-4.
    (d) The use of a CX does not relieve the proponent from compliance 
with other statutes, such as RCRA, or consultations under the Endangered 
Species Act or the NHPA. Such consultations may be required to determine 
the applicability of the CX screening criteria.
    (e) For those CXs that require a REC, a brief (one to two sentence) 
presentation of conclusions reached during screening is required in the 
REC. This determination can be made using current information and 
expertise, if available and adequate, or can be derived through 
conversation, as long as the basis for the determination is included in 
the REC. Copies of appropriate interagency correspondence can be 
attached to the REC. Example conclusions regarding screening criteria 
are as follows:
    (1) ``USFWS concurred in informal coordination that E/T species will 
not be affected''.
    (2) ``Corps of Engineers determined action is covered by nationwide 
general permit''.
    (3) ``SHPO concurred with action''.
    (4) ``State Department of Natural Resources concurred that no effect 
to state sensitive species is expected''.