[Code of Federal Regulations]
[Title 7, Volume 11]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1794.23]

[Page 1139-1140]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 1794--ENVIRONMENTAL POLICIES AND PROCEDURES--Table of Contents
 
                 Subpart C--Classification of Proposals
 
Sec. 1794.23  Proposals normally requiring an EA.

    RUS will normally prepare an EA for all proposed actions which are 
neither categorical exclusions (Secs. 1794.21 and 1794.22) nor normally 
requiring an EIS (Sec. 1794.25). For certain actions within this class, 
scoping and document procedures contained in Secs. 1794.50 through 
1794.54 shall be followed (see Sec. 1794.24). The following are proposed 
actions which normally require an EA and shall be subject to the 
requirements of Secs. 1794.40 through 1794.44.
    (a) General. Issuance or modification of RUS regulations concerning 
environmental matters.
    (b) Telecommunications and water and waste programs. An EA shall be 
prepared for applications for financial assistance for all proposed 
actions not specifically defined as a CE or otherwise specifically 
categorized by the Administrator on a case-by-case basis.
    (c) Electric program. Applications for financial assistance for 
certain proposed actions normally require the preparation of an EA. 
Proposed actions falling within this classification are:
    (1) Construction of combustion turbine or diesel generating 
facilities of 50 MW (nameplate rating) or less at a new site (no 
existing generating capacity) except for items covered by 
Sec. 1794.22(a)(8). All new associated facilities and related electric 
power lines shall be covered in the EA;
    (2) Construction of combustion turbine or diesel generating 
facilities of 100 MW (nameplate rating) or less at an existing 
generating site, except for items covered by Sec. 1794.22(a)(8). All new

[[Page 1140]]

associated facilities and related electric power lines shall be covered 
in the EA;
    (3) Construction of any other type of new electric generating 
facilities of 10 MW (nameplate rating) or less. All new associated 
facilities and related electric power lines shall be covered in the EA;
    (4) Repowering or uprating of an existing unit(s) at a fossil-fueled 
generating station where the existing fuel combustion technology of the 
affected unit(s) is substituted for another (e.g. coal or oil-fired 
boiler is converted to a fluidized bed boiler or replaced with a 
combustion turbine unit);
    (5) Installation of new generating units at an existing 
hydroelectric facility or dam, or the replacement of existing generating 
units at a hydroelectric facility or dam which will result in a change 
in the normal maximum surface area or normal maximum surface elevation 
of the existing impoundment. All new associated facilities and related 
electric power lines shall be covered in the EA;
    (6) A new drilling operation or the expansion of a mining or 
drilling operation;
    (7) Construction of cooperative headquarters, maintenance, and 
equipment storage facilities involving more than 10 acres (4 hectares) 
of physical disturbance or fenced property;
    (8) The construction of electric power lines and related facilities 
designed for and capable of operation at a nominal voltage of 230 kV or 
more involving more than three miles (4.8 kilometers) but not more than 
25 miles (40 kilometers) of line;
    (9) The construction of electric power lines and related facilities 
designed for or capable of operation at a nominal voltage of 69 kV or 
more but less than 230 kV where more than 25 miles (40 kilometers) of 
power line are involved;
    (10) The construction of substations or switching stations requiring 
greater than five acres (2 hectares) of new physical disturbance at a 
single site; and
    (11) Construction of facilities designed for the transfer and 
storage of ash, scrubber wastes, and other byproducts from coal-fired 
electric generating stations that will be located beyond the existing 
facility site boundaries.