PART 775—NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES

Chapter I—United States Postal Service › Subchapter K—Environmental Regulations

§ 775.1 Purpose.

The purpose of this part is to establish certain procedures that the United States Postal Service (Postal Service) shall use to comply with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), as amended.

§ 775.2 Definitions.

As used in this part, terms have the meanings provided in NEPA section 111, 42 U.S.C. 4336e. In addition:

(a) NEPA means the National Environmental Policy Act, as amended (42 U.S.C. 4321, et seq.).

(b) Authorization means any license, permit, approval, finding, determination, or other administrative decision issued by an agency that is required or authorized under Federal law in order to implement a proposed action.

(c) Connected action means a separate Federal action within the authority of the Postal Service that is closely related to the proposed action and should be addressed in a single NEPA document because the proposed action:

(1) Automatically triggers the separate Federal action, which independently would require the preparation of additional NEPA documents;

(2) Cannot proceed unless the separate Federal action is taken previously or simultaneously; or

(3) Is an interdependent part of a larger Federal action that includes a separate Federal action, which mutually depend on the larger Federal action for their justification.

(d) Effects or impacts means changes to the human environment from the proposed action or alternatives that are reasonably foreseeable and have a reasonably close causal relationship to the proposed action or alternatives.

(1) Effects include ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic (such as the effects on employment), social, or health effects. Effects appropriate for analysis under NEPA may be either beneficial or adverse, or both, with respect to these values.

(2) A “but for” causal relationship is insufficient to make an agency responsible for a particular effect under NEPA. Effects should generally not be considered if they are remote in time, geographically remote, or the product of a lengthy causal chain. Effects do not include those effects that the agency has no ability to prevent due to the limits of its regulatory authority or that would occur regardless of the proposed action.

(e) Human environment means comprehensively the natural and physical environment and the relationship of Americans with that environment. (See also the definition of “effects” in paragraph (c) of this section.)

(f) Jurisdiction by law means agency authority to approve, veto, or finance all or part of the proposal.

(g) Record of Environmental Consideration (REC) means the Postal Service form that identifies the Postal Service's review of proposed activities under NEPA.

(h) Related action means an action undertaken by an agency, e.g., a permitting action, some other type of authorization action, an analysis required by statute, or the like, that bears a relationship to other actions undertaken by other agencies relevant to NEPA, e.g., that is an independent part of a larger action and depends on the larger action for its justification.

(i) Reasonably foreseeable means sufficiently likely to occur such that a person of ordinary prudence would take it into account in reaching a decision.

§ 775.3 NEPA and Postal Service planning.

The Postal Service will determine that NEPA does not apply to a proposed action when:

(a) The activity or decision does not result in final action;

(b) The proposed activity or decision is exempted from NEPA by law;

(c) Compliance with NEPA would clearly and fundamentally conflict with the requirements of another provision of law;

(d) In circumstances where Congress by statute has prescribed decisional criteria with sufficient completeness and precision such that the Postal Service retains no residual discretion to alter its action based on the consideration of environmental factors, then that function of the Postal Service is nondiscretionary within the meaning of NEPA sec. 106(a)(4) and/or sec. 111(10)(B)(vii) (42 U.S.C. 4336(a)(4) and 4336e(10)(B)(vii), respectively), and NEPA does not apply to the action in question;

(e) The proposed action is an action for which another statute's requirements serve the function of agency compliance with NEPA; or

(f) The proposed action is not a “major Federal action.” In addition to the illustrative general categories set forth in NEPA sec. 111(10), 42 U.S.C. 4336e(10), the Postal Service has determined that the non-exhaustive list of the Postal Service's activities identified in appendix A to this part are not subject to NEPA because they presumptively do not meet the definition of a “major Federal action.”

§ 775.4 Categorical exclusions.

(a) Generally. This section describes the process the Postal Service uses for establishing and revising categorical exclusions, for adopting other agencies' categorical exclusions, for removing categorical exclusions, and for applying categorical exclusions to a proposed action. The Postal Service's categorical exclusions, including categorical exclusions the Postal Service established and substantiated consistent with its NEPA procedures, legislative categorical exclusions, and categorical exclusions adopted from other agencies, are listed in appendix B to this part.

(b) Establishing and revising categorical exclusions. To establish or revise a categorical exclusion, the Postal Service will determine that the category of actions normally does not significantly affect the quality of the human environment. In making this determination, the Postal Service will:

(1) Develop a written record containing information to substantiate its determination;

(2) Consult with CEQ on its proposed categorical exclusion, including the written record, prior to providing public notice as described in paragraph (b)(3) of this section; and

(3) Provide public notice in the Federal Register of the Postal Service's establishment or revisions of the categorical exclusion and the location (e.g., website) of availability of the written record.

(c) Adopting categorical exclusions from other Federal agencies. Consistent with NEPA sec. 109, 42 U.S.C. 4336c, the Postal Service may adopt a categorical exclusion listed in another agency's NEPA procedures. When adopting a categorical exclusion, the Postal Service will:

(1) Identify the categorical exclusion listed in the agency's NEPA procedures that covers its category of proposed or related actions;

(2) Consult with the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion is appropriate;

(3) Provide public notification in the Federal Register of the categorical exclusion that the Postal Service is adopting, including a brief description of the proposed action or category of proposed actions to which the Postal Service intends to apply the adopted categorical exclusion, a brief summary of the consultation with the originating agency, and the list of extraordinary circumstances that will apply; and

(4) Document the adoption of the categorical exclusion in appendix B to this part.

(d) Removal of categorical exclusions. To remove a categorical exclusion from appendix B to this part, the Postal Service will:

(1) Develop a written justification for the removal;

(2) Consult with CEQ on its proposed removal of the categorical exclusion, including the written justification, prior to providing public notice as described in paragraph (d)(3) of this section; and

(3) Provide public notice of the Postal Service's removal of the categorical exclusion and the written justification in the Federal Register.

(e) Applying categorical exclusions. If the Postal Service determines that one or more categorical exclusions cover a proposed action, the Postal Service will evaluate the action for extraordinary circumstances that indicate a normally excluded action is likely to have a reasonably foreseeable significant adverse effect.

(1) If an extraordinary circumstance is not present, the Postal Service will determine that the categorical exclusion applies to the proposed action and conclude review.

(2) The Postal Service will determine that the categorical exclusion applies to the proposed action and conclude review if the Postal Service either:

(i) Determines that, notwithstanding the extraordinary circumstance, the proposed action is not likely to result in reasonably foreseeable adverse significant effects; or

(ii) Modifies the proposed action to avoid those effects.

(3) The Postal Service will document in a Record of Environmental Consideration (REC) its evaluation of the applicability of one or more categorical exclusions listed in appendix B to this part for actions that may have extraordinary circumstances. Some of the categorical exclusions listed in appendix B cover actions for which there are no reasonable expectations of any changes in use or other changes that could cause an environmental impact and/or have little or no potential for extraordinary circumstances. These are designated with an asterisk (*) in appendix B. When using a categorical exclusion for these actions, the Postal Service may prepare a simple written record (which may already be included in documentation prepared during the course of normal project development) that a specific categorical exclusion was determined to apply to a proposed action. Proprietary or confidential financial or trade information will be redacted and/or removed from any documentation of a categorical exclusion determination under this section.

(4) If the Postal Service determines that it cannot apply the categorical exclusion to the proposed action, the Postal Service will prepare an environmental assessment or environmental impact statement, as appropriate.

(f) Reliance on categorical exclusion determinations of other agencies. The Postal Service may also rely on another agency's determination that a categorical exclusion applies to a particular proposed action if the agency action covered by that determination and the Postal Service's proposed action are substantially the same, or if the Postal Service's proposed action is a subset of the agency action covered by that determination. The Postal Service will document its reliance on an agency's categorical exclusion determination in a REC.

(g) List of categorical exclusions. The Postal Service has established the categorical exclusions in appendix B to this part.

§ 775.5 Emergencies.

Where emergency circumstances make it necessary to take an action with reasonably foreseeable significant environmental effects without observing the provisions of these procedures, the Postal Service will consult with the CEQ about alternative arrangements for compliance with NEPA sec. 102(2)(C), 42 U.S.C. 4332(2)(C).

§§ 775.6 through 775.14 [Reserved]

Appendix A to Part 775—Administrative and Routine Actions Excepted From NEPA Review

Table of Contents

A1 Routine Postal Service Policy Development

A2 Routine Postal Service Actions

A3 Personnel Actions

A4 Awards of Certain Contracts

A5 Clarifying or Administrative Contract Actions

A6 Research, Studies, and Data Collection

A7 Education and Training

A8 Procedural Documents

A9 Postal and Mail Actions

A10 Legal Activities

A11 Trade Representation and Market Development

A12 Emergency Preparedness

A13 Equipment Procurement or Disposal

A14 Disposal of Routinely Generated Wastes

A15 Waste Minimization Operations

A16 Procedural Rulemakings and Interpretations and Rulings With Existing Regulations

A17 International Postal Agreements

A18 Approval of Technical Exchange Arrangements

A1 Routine Postal Service Policy Development

Policy development, planning and implementation that relate to routine activities such as personnel, organizational changes or similar administrative functions.

A2 Routine Postal Service Actions

Routine actions, including the management of programs or activities necessary to support the normal conduct of agency business, such as administrative, financial, operational and personnel action that involve no commitment of resources other than manpower and funding allocations.

A3 Personnel Actions

Reduction in force resulting from workload adjustments, reduced personnel or funding levels, skill imbalances or other similar causes that do not affect more than 1,000 positions.

A4 Awards of Certain Contracts

Award of contracts for technical support services, management and operation of a government owned facility, and personal services.

A5 Clarifying or Administrative Contract Actions

Contract interpretations, amendments, and modifications that are clarifying or administrative in nature.

A6 Research, Studies, and Data Collection

Research activities and studies and routine data collection when such actions are clearly limited in context and intensity.

A7 Education and Training

Educational and informational programs and activities.

A8 Procedural Documents

Administrative, organizational, or procedural Policies, Orders, Notices, Manuals, and Guides.

A9 Postal and Mail Actions

Postal rate or mail classification actions, address information system changes, post office name and zip code changes.

A10 Legal Activities

Property protection, law enforcement and other legal activities undertaken by the Postal Inspection Service, the Law Department, the Judicial Officer, and the Inspector General.

A11 Trade Representation and Market Development

Activities related to trade representation and market development activities.

A12 Emergency Preparedness

Emergency preparedness planning activities, including designation of on-site evacuation routes.

A13 Equipment Procurement or Disposal

Procurement or disposal of mail handling or transport equipment.

A14 Disposal of Routinely Generated Wastes

Disposal of routinely generated wastes, including equipment, in compliance with Federal, State, and local laws.

A15 Waste Minimization Operations

Operational changes at an existing facility to minimize waste generation and for reuse of materials. These changes include but are not limited to, adding filtration and recycling systems to allow reuse of vehicle or machine oil, setting up sorting areas to improve process efficiency, and segregating waste streams previously mingled and assigning new identification codes to the two resulting streams.

A16 Procedural Rulemakings and Interpretations and Rulings With Existing Regulations

Rulemakings that are strictly procedural, and interpretations and rulings with existing regulations, or modifications or rescissions of such interpretations and rulings.

A17 International Postal Agreements

Approval of Postal Service participation in international postal agreements that would not commit the Postal Service to any specific projects or activities.

A18 Approval of Technical Exchange Arrangements

Approval of technical exchange arrangements for information, data, or personnel with other countries or international organizations.

Appendix B to Part 775—Categorical Exclusions

Table of Contents

B1 Categorical Exclusions Relating to General Postal Service Actions

B2 Categorical Exclusions Relating to Emergency or Restoration Actions

B3 Categorical Exclusions Relating to Maintenance or Repair Actions at Existing Facilities

B4 Categorical Exclusions Relating to Real Estate Actions

See § 775.4(e)(3) for categorical exclusions with an asterisk (*)

B1 Categorical Exclusions Relating to General Postal Service Actions

(a) Minor reassignment of motor vehicles and purchase or deployment of motor vehicles to new locations that do not have significant adverse impacts to traffic safety, congestion or air quality.

(b) Procurement, installation, operation, removal or disposal of communication systems, computers, data processing equipment, and electrical equipment.*

(c) Postal facility function changes, unless the proposed action is listed as requiring an environmental assessment (EA) in the Postal Service's procedures implementing the National Environmental Policy Act (NEPA).

(d) Closure or consolidation of post offices under 39 U.S.C. 404(d).

(e) Actions which have an insignificant effect upon the environment as established in a previously written EA and Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS). Such repetitive actions shall be considered “reference actions” and a record of all decisions concerning these “reference actions” shall be maintained by the Chief Environmental Officer or designee. The proposed action must be essentially the same in context and the same or less in intensity or create fewer impacts than the “reference action” previously studied under an EA or EIS in order to qualify for this exclusion.

(f) Procurement and/or fuel conversion of vehicles, whether owned or leased, where the vehicles being procured or converted have both: (i) comparable or improved relative fuel efficiency and (ii) comparable or lower relative air emissions, as compared with the vehicles they are replacing in use or service, whether due to vehicle replacement, route growth or change in business needs.

(g) Processing network actions necessary to improve performance and achieve operational efficiencies, including service standard changes and route optimization, that do not significantly adversely impact traffic safety, congestion or air quality.

B2 Categorical Exclusions Relating to Emergency or Restoration Actions

(a) Any cleanup, remediation or removal action conducted under the provisions of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA), any asbestos abatement actions regulated under the provisions of the Occupational Safety and Health Act (OSHA), or the Clean Air Act or any PCB transformer replacement or any lead based paint abatement actions regulated under the provisions of the Toxic Substances Control Act (TSCA), OSHA or RCRA.*

(b) Testing associated with environmental cleanups or site investigations.*

B3 Categorical Exclusions Relating to Maintenance or Repair Actions at Existing Facilities

(a) Siting, construction or operation of temporary support buildings or support structures.

(b) Routine maintenance and minor activities, such as fencing, that occur in floodplains or state and local wetlands or pursuant to the nationwide, regional or general permitting process of the US Army Corps of Engineers.*

(c) Routine actions normally conducted to protect and maintain properties and which do not alter the configuration of the building.*

(d) Changes in configuration of buildings required to promote handicapped accessibility pursuant to the Architectural Barriers Act.*

(e) Repair to, or replacement in kind or equivalent of building equipment or components (e.g., electrical distribution, HVAC systems, doors, windows, roofs, etc.).*

(f) Internal modifications or improvements to structure, or buildings to accommodate mail processing, computer, communication or other similar types of equipment or other actions which do not involve modification to the external walls of the facility.*

(g) Joint development and/or joint use projects that only involve internal modifications to an existing facility.

(h) Noise abatement measures, such as construction of noise barriers and installation of noise control materials.

(i) Actions which require concurrence or approval of another Federal agency where the action is a categorical exclusion under the NEPA regulations of that Federal agency.

B4 Categorical Exclusions Relating to Real Estate Actions

(a) Obtaining, granting, disposing, or changing of easements, licenses and permits, rights-of-way and similar interests.

(b) Extension, renewal, renegotiation, or termination of existing lease agreements.*

(c) Purchase of Postal Service occupied leased property where the planned postal uses do not differ significantly from the past uses of the site.

(d) Acquisition or disposal of existing facilities and real property where the planned uses do not differ significantly from past uses of the site.

(e) Disposal through sale or outlease of unimproved real property.

(f) Disposal through sale, outlease, transfer or exchange of real property to other Federal or State agencies.

(g) Disposal or acquisition, whether through sale, lease, outlease, transfer or exchange, of properties where the size, area, topography, and zoning are similar to existing surrounding properties and/or where current, planned or reasonably anticipated uses are or would be similar to current surrounding uses (e.g., commercial store in a commercial strip, warehouse in an urban complex, office building in downtown area, or parking lot in an urban area).

(h) Acquisition of real property not connected to specific facility plans or when necessary to protect the interests of the Postal Service in advance of final project approval. This categorical exclusion only applies to the acquisition. Any subsequent use of the site for a facility project must be considered under this part.

(i) Acquisition and disposal through sale, lease, transfer, reservation or exchange of real property for nature and habitat preservation, conservation, a park or wildlife management.

(j) New construction of Postal Service owned or leased, or joint development and joint use projects, of any facility unless the proposed action is listed as requiring an EA in the Postal Service's NEPA procedures.

(k) Expansion or improvement of an existing facility where the expansion is within the boundaries of the site or occurs in a previously developed area unless the proposed action is listed as requiring an EA in the Postal Service's NEPA procedures.

(l) Construction and disturbance pursuant to a nationwide, regional or general permit issued by the US Army Corps of Engineers.

(m) Any activity in floodplains being regulated pursuant to part 776 of this chapter and is not listed as requiring an EA in the Postal Service's NEPA procedures.