This Secretary of Energy Notice directed revisions to DOE NEPA compliance procedures “to correct the deficiencies and accomplish the objectives discussed in” a “10 point initiative to ensure that all Departmental activities are carried out in full compliance with the letter and spirit of environmental statutes and regulations.”

The notice directed changes in DOE NEPA procedures and authorities to be incorporated in a revision of the DOE NEPA Order. The notice ended use of a “memorandum to file” (under DOE O 5440.1B, a determination “that a proposed action, although not categorically excluded in [the DOE NEPA guidelines], clearly will not have significant environmental effects and therefore does not warrant preparation of an [EA or EIS]”). Other changes provided for the Assistant Secretary for Environment, Safety and Health to review determinations for proposals listed in Section D of the guidelines, make EA and EIS determinations for proposals not listed in Section D, and approve EAs and EISs; require each headquarters office with NEPA responsibilities and each operations office to designate a NEPA Compliance Officer; require a mitigation action plan for implementing any commitments made in an EIS/Record of Decision or an EA/Finding of No Significant Impact for which the FONSI is based, in significant part, on the mitigation commitment.

The notice directed revising the DOE NEPA guidelines and reissuing the guidelines as regulations. Changes to be incorporated in the rule revision included: revising and expanding CXs that minimize “the necessity for subjective judgment”; eliminating a “catch all” CX (“Actions that are substantially the same as other actions for which the environmental impacts have already been assessed in a NEPA document and determined by DOE to be clearly insignificant and where such assessment is still valid”); requiring a public scoping meeting for every EIS and a public hearing on every draft EIS; developing and updating site wide EISs; notifying host states and, as appropriate, adjacent states of determinations to prepare a NEPA document and providing a review opportunity before DOE approval of an EA (broadened during the rulemaking to include tribes); making a supplement analysis available to the public; requiring a mitigation plan for certain EISs and EAs.

SEN 15 90 was cancelled via DOE N 251.18 (1996 11 04), following incorporation of provisions into the DOE NEPA regulations (57 FR 15122; 1992 04 24) and order (DOE O 5440.1D; 1991 02 22).