Categorical Exclusion Under the National Environmental Policy Act for Certain Terminations or Revocations of Water Power Licenses or Exemptions

tion or revocation, including any requirements for decommissioning, would result in more than minor ground disturbance or more than minor changes in reservoir conditions or downstream flows; and (b) whether any Extraordinary Circumstance is present and demonstrates that the termination or revocation might be a major federal action significantly affecting the quality of the human environment. Where the Commission's proposed action exceeds these thresholds, Commission staff will prepare an EA or EIS. 27. We also acknowledge that the continued presence of project works left in place, especially a dam, can impact environmental resources, public safety, and other aspects of the public interest, in particular if the project works degrade over time. However, commenters mischaracterize the Commission's previous NEPA analyses. Seven of the thirteen previous EAs for terminations and revocations acknowledged and evaluated the need for further action by the licensee to stabilize, repair, or remove project works.\51\ For example, the previous EAs for the termination of the licenses for the Star Milling and Electric Minor Water Power Project and the Mechanicville Hydroelectric Project evaluated the condition of existing project works, the impacts of leaving them in place, and the measures to address their deterioration.\52\ Although the seven EAs identified greater potential effects than in