Categorical Exclusions

Categorical Exclusions (CEs) are categories of actions that a federal agency has determined normally does not significantly affect the quality of the human environment (42 USC 4336(e)(1)). Neither an EA or an EIS is required for these actions unless there are extraordinary circumstances.

TVA established 50 CEs in our NEPA Procedures (PDF) at 18 CFR 1318:

TVA Categorical Exclusions (PDF)

In establishing these exclusions, TVA prepared the Categorical Exclusions Supporting Documentation (February 2020) to summarize each category of actions covered and describe the basis upon which each proposed CE was established.

Section 109 of NEPA, enacted as part of the Fiscal Responsibility Act of 2023, allows a Federal agency to “adopt a categorical exclusion listed in another agency’s NEPA procedures for a category of proposed actions for which the categorical exclusion was established.” (42 USC 4335(c)).

To date, the following CEs of other Federal agencies have been adopted for use by TVA:

Department of Energy

B4.14 Construction and operation of electrochemical battery or flywheel energy storage systems. Construction, operation, upgrade, or decommissioning of an electrochemical-battery or flywheel energy storage system within a previously disturbed or developed area or within a small (as discussed at section 5.4(b)(2)) area contiguous to a previously disturbed or developed area. Covered actions would be in accordance with applicable requirements (such as land-use and zoning requirements) in the proposed project area and the integral elements listed at the start of this appendix and would incorporate appropriate safety standards (including the current National Fire Protection Association 855, Standard for the Installation of Stationary Energy Storage Systems), design and construction standards, control technologies, and best management practices. [Adopted by TVA on October 20, 2025; 91 FR 1597, January 14, 2026. See DOE NEPA Procedures, Appendix B].

B5.5 Short pipeline segments. Construction and subsequent operation of short (generally less than 20 miles in length) pipeline segments conveying materials (such as air, brine, carbon dioxide, geothermal system fluids, hydrogen gas, natural gas, nitrogen gas, oil, produced water, steam, and water) between existing source facilities and existing receiving facilities (such as facilities for use, reuse, transportation, storage, and refining), provided that the pipeline segments are within previously disturbed or developed rights-of-way. [Adopted by TVA on October 20, 2025; 91FR 1597, January 14, 2026. See DOE NEPA Procedures, Appendix B].

B6.9 Measures to reduce migration of contaminated groundwater. Small-scale temporary measures to reduce migration of contaminated groundwater, including the siting, construction, operation, and decommissioning of necessary facilities. These measures include, but are not limited to, pumping, treating, storing, and reinjecting water by mobile units or facilities that are built and then removed at the end of the action. [Adopted by TVA on October 20, 2026, 91FR 1597, January 14, 2026. See DOE NEPA Procedures, Appendix B].

Please direct comments or questions to:

Dawn Booker
Senior Manager,
NEPA Compliance
Tennessee Valley Authority
1101 Market Street, BR2CA
Chattanooga, TN 37402
423-751-8494
[email protected]

Completed CE Reviews

For most CEs established or adopted by TVA, a Categorical Exclusion Checklist is used to review proposed actions for extraordinary circumstances. Lists of completed Checklists (PDF) are provided below: