The US Department of Energy (DOE) has issued a Notice of Proposed Rulemaking (NOPR) and Request for Comment, proposing amendments to its regulations concerning compliance with the National Environmental Policy Act (NEPA). The proposed changes aim to enhance the regulatory framework for certain energy storage systems and upgrades to existing power lines.
DOE has proposed amendments to Categorical Exclusion B4.13, which currently applies to the upgrading and rebuilding of power lines approximately 20 miles (32.19 km) in length or less. DOE has suggested removing the mileage limitation, asserting that the significance of environmental impacts is more closely tied to local conditions than the line length. The proposal adds options for relocating power lines within an existing right-of-way (ROW) or previously disturbed or developed lands, providing greater flexibility while maintaining environmental considerations. The proposed revision also specifies that small segments of lines may be relocated within an existing ROW or within otherwise previously disturbed or developed lands. DOE further suggests adding a condition requiring proposed projects to adhere to applicable requirements, incorporating appropriate design and construction standards, control technologies, and best management practices.
For the construction, operation, upgrade or decommissioning of electrochemical-battery or flywheel energy storage systems, DOE has proposed a new Categorical Exclusion B4.14. The proposal defines energy storage systems as devices capable of storing energy for later use, citing examples such as electrochemical battery and flywheel systems. The categorical exclusion applies to projects within previously disturbed or developed areas or small contiguous areas. DOE emphasises that the total acreage used for an energy storage system will be project-specific, typically requiring 15 acres or less. These changes respond to requests from industry stakeholders, including the Cross-Cutting Issues Group, Duke Energy, and Edison Electric Institute (EEI), seeking explicit inclusion of energy storage systems in existing categorical exclusions.
Interested parties and the public are invited to submit comments on these proposed amendments by January 2, 2024.
