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Categorical Exclusion (CE)

Environmental Protection Agency

Environmental Protection Agency's Categorical Exclusions (opens in new tab)

Categorical Exclusion

(1) Certain actions eligible for categorical exclusion require the Responsible Official to document a determination that a categorical exclusion applies. The documentation must include: A brief description of the proposed action; a statement identifying the categorical exclusion that applies to the action; and a statement explaining why no extraordinary circumstances apply to the proposed action. The Responsible Official must make a copy of the determination document available to the public upon request. The categorical exclusions requiring this documentation are listed in paragraphs (a)(1)(i) through (a)(1)(v) of this section.

Exclusion Text

(iv) Actions involving re-issuance of a NPDES permit for a new source providing the conclusions of the original NEPA document are still valid (including the appropriate mitigation), there will be no degradation of the receiving waters, and the permit conditions do not change or are more environmentally protective.

Disclaimer

This CE Explorer tool is not an authoritative source and creates no rights or obligations. When using the CE Explorer Tool, Federal agencies and stakeholders should review the relevant agency's NEPA procedures for information about how to apply the CE, including any limitations or potential extraordinary circumstances, and to ensure that a CE is current and applicable to a given proposed action. For ease of use, a link to each agency's NEPA procedures and CEs is provided along with the text of the CE. To adopt and use another agency's categorical exclusion, an agency must follow the steps described in section 109 of NEPA, 42 U.S.C. 4336c.

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