Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions, 30097-30099 [2019-13576]
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Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Notices
Accordingly, the Commission is revising
the total burden hours related to
Regulation 1.52 included in this
collection.
The Commission previously estimated
the entire burden hours for DCMs as
SROs associated with Regulation 1.52 as
50 hours per respondent. The revised
scope of the third-party evaluation
report should slightly reduce personnel
hours needed to coordinate obtaining
the report, although most of the burden
hours included in this collection are
associated with other aspects of the
financial surveillance program
requirements. Therefore, the
Commission is revising the estimate of
the burden hours associated with
Regulation 1.52 to be 49 hours per
respondent. Additionally, the
Commission notes that the number of
registered, active DCMs has decreased
from 15 to 14.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. On April 3, 2019 the
Commission published in the Federal
Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 84
FR 13008 (‘‘60-Day Notice’’). The
Commission did not receive any
relevant comments on the 60-Day
Notice.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection.2 The respondent burden
for this collection is estimated to be as
follows:
Respondents/Affected Entities:
Designated Contract Markets and Selfregulatory Organizations.
Estimated Number of Respondents:
14.
Estimated Average Burden Hours per
Respondent: 49.
Estimated Total Annual Burden
Hours: 686.
Frequency of Collection: Various.
The amended regulations require no
new startup or operations and
maintenance costs.
jbell on DSK3GLQ082PROD with NOTICES
(Authority: 44 U.S.C. 3501 et seq.)
2 There are three Information Collection’s (ICs)
that fall within OMB Control No. 3038–0052. The
changes in the final rules adopted herein only
pertain to IC: Enhancing Protections Afforded
Customers and Customer Funds Held by Futures
Commission Merchants and Derivatives Clearing
Organizations and relate only to amendments to
Regulation 1.52, which has been reduced by 1
burden hour per respondent. Additionally, the
number of respondents has decreased from 15 to 14.
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Dated: June 21, 2019.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2019–13606 Filed 6–25–19; 8:45 am]
BILLING CODE 6351–01–P
COUNCIL ON ENVIRONMENTAL
QUALITY
[Docket No. CEQ–2019–0002]
RIN 0331–ZA03
Draft National Environmental Policy
Act Guidance on Consideration of
Greenhouse Gas Emissions
Council on Environmental
Quality (CEQ).
ACTION: Draft guidance; request for
comment.
AGENCY:
The Council on
Environmental Quality (CEQ) is
publishing draft guidance on how
National Environmental Policy Act
(NEPA) analysis and documentation
should address greenhouse gas (GHG)
emissions. This Draft National
Environmental Policy Act Guidance on
Consideration of Greenhouse Gas
Emissions, if finalized, would replace
the final guidance CEQ issued on
August 1, 2016, titled ‘‘Final Guidance
for Federal Departments and Agencies
on Consideration of Greenhouse Gas
Emissions and the Effects of Climate
Change in National Environmental
Policy Act Reviews,’’ which was
withdrawn effective April 5, 2017 for
further consideration pursuant to
Executive Order 13783 of March 28,
2017, ‘‘Promoting Energy Independence
and Economic Growth.’’
DATES: Comments should be submitted
on or before July 26, 2019.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number CEQ–2019–0002 through the
Federal eRulemaking portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. CEQ may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (e.g., audio, video) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make.
Comments may also be submitted by
mail. Send your comments to: Council
SUMMARY:
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30097
on Environmental Quality, 730 Jackson
Place, NW, Washington, DC 20503,
Attn: Docket No. CEQ–2019–0002.
The draft guidance is also available on
the CEQ websites at https://
www.whitehouse.gov/ceq/initiatives/
and www.nepa.gov.
FOR FURTHER INFORMATION CONTACT:
Edward A. Boling, Associate Director for
the National Environmental Policy Act,
Council on Environmental Quality, 730
Jackson Place, NW, Washington, DC
20503. Telephone: (202) 395–5750.
SUPPLEMENTARY INFORMATION:
Draft National Environmental Policy
Act Guidance on Consideration of
Greenhouse Gas Emissions
I. Introduction
The Council on Environmental
Quality (CEQ) provides this draft
guidance memorandum 1 to assist
Federal agencies in their consideration
of greenhouse gas (GHG) emissions 2
when evaluating proposed major
Federal actions in accordance with the
National Environmental Policy Act
(NEPA), 42 U.S.C. 4321 et seq., and the
CEQ Regulations for Implementing the
Procedural Provisions of NEPA, 40 CFR
parts 1500–1508 (‘‘CEQ Regulations’’).
The purpose of this draft guidance is to
facilitate compliance with NEPA by
Federal agencies conducting reviews of
proposed major Federal actions.3
II. Draft Guidance
NEPA requires that Federal agencies
study the environmental impacts of
major Federal actions significantly
affecting the quality of the human
environment. 42 U.S.C. 4332(2)(C).
NEPA is a procedural statute that serves
the twin purposes of ensuring that
agencies consider the environmental
consequences of their proposed actions
and inform the public about their
decision-making process. Agencies
1 This draft guidance is not a rule or regulation,
and the recommendations it contains may not apply
to a particular situation based upon the individual
facts and circumstances. This guidance does not
change or substitute for any statutes, regulations, or
any other legally binding requirement and is not
legally enforceable. CEQ’s regulations
implementing the procedural provisions of NEPA
are available on www.nepa.gov. This guidance does
not, and cannot, expand the range of Federal agency
actions that are subject to NEPA.
2 For purposes of this draft guidance, CEQ defines
GHGs as carbon dioxide (CO2), methane (CH4),
nitrous oxide (N2O), hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs), sulfur hexafluoride (SF6)
and nitrogen trifluoride (NF3).
3 This draft guidance is intended to replace CEQ’s
August 2016 ‘‘Final Guidance for Federal
Departments and Agencies on Consideration of
Greenhouse Gas Emissions and the Effects of
Climate Change in National Environmental Policy
Act Reviews’’ (81 FR 51866, Aug. 5, 2016), which
was withdrawn pursuant to Executive Order 13783
on April 5, 2017 (82 FR 16576).
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Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Notices
should analyze reasonably foreseeable
environmental consequences of major
Federal actions, but should not consider
those that are remote or speculative. 40
CFR 1508.8.
A. Consideration of GHG Emissions in
NEPA Analyses
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Under CEQ regulations and the ‘‘rule
of reason’’ that bounds all NEPA
analysis, impacts of a proposed action
should be discussed in proportion to
their significance, and there should only
be brief discussion of issues that are not
significant.4 As with all NEPA analyses,
the rule of reason permits agencies to
use their expertise and experience to
decide how and to what degree to
analyze particular effects. Agencies
preparing NEPA analyses need not give
greater consideration to potential effects
from GHG emissions than to other
potential effects on the human
environment.
A projection of a proposed action’s
direct and reasonably foreseeable
indirect GHG emissions may be used as
a proxy for assessing potential climate
effects. Direct effects are caused by the
action and occur at the same time or
place. 40 CFR 1508.8(a). Indirect effects
are caused by the action and are later in
time or farther removed in distance, but
are still reasonably foreseeable. 40 CFR
1508.8(b). Following the rule of reason,
agencies should assess effects when a
sufficiently close causal relationship
exists between the proposed action and
the effect. A ‘‘but for’’ causal
relationship is not sufficient.
Agencies should attempt to quantify a
proposed action’s projected direct and
reasonably foreseeable indirect GHG
emissions when the amount of those
emissions is substantial enough to
warrant quantification, and when it is
practicable to quantify them using
available data and GHG quantification
tools.5 Agencies should consider
whether quantifying a proposed action’s
projected reasonably foreseeable GHG
emissions would be practicable and
whether quantification would be overly
speculative. If an agency concludes that
quantification would not be practicable
4 See 40 CFR 1500.1(b) (‘‘Most important, NEPA
documents must concentrate on the issues that are
truly significant to the action in question, rather
than amassing needless detail.’’); 40 CFR 1502.2(b)
(‘‘Impacts shall be discussed in proportion to their
significance.’’); 40 CFR 1502.15 (‘‘Data and analyses
in a statement shall be commensurate with the
importance of the impact . . .’’); 40 CFR 1508.27
(defining ‘‘significantly’’).
5 For a listing of available GHG accounting
methods and tools that agencies may consider using
in their NEPA reviews see CEQ’s Greenhouse Gas
Accounting Tools web page (https://ceq.doe.gov/
guidance/ghg-accounting-tools.html).
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or would be overly speculative, it
should explain its decision.
Where GHG inventory information is
available, an agency may also reference
local, regional, national, or sector-wide
emission estimates to provide context
for understanding the relative
magnitude of a proposed action’s GHG
emissions. This approach, together with
a qualitative summary discussion of the
effects of GHG emissions based on an
appropriate literature review, allows an
agency to present the environmental
impacts of a proposed action in clear
terms and with sufficient information to
make a reasoned choice among the
alternatives. Such a discussion satisfies
NEPA’s requirement that agencies
analyze the cumulative effects of a
proposed action because the potential
effects of GHG emissions are inherently
a global cumulative effect. Therefore, a
separate cumulative effects analysis is
not required.
When an agency determines that the
tools, methods, or data inputs necessary
to quantify a proposed action’s GHG
emissions are not reasonably available,
or it otherwise would not be practicable,
the agency should include a qualitative
analysis and explain its basis for
determining that quantification is not
warranted. Agencies are not required to
quantify effects where information
necessary for quantification is
unavailable, not of high quality, or the
complexity of identifying emissions
would make quantification overly
speculative. 40 CFR 1502.22. A
qualitative analysis may rely on sectorspecific descriptions of the GHG
emissions for the category of Federal
action that is the subject of the NEPA
analysis. Agencies need not undertake
new research or analysis of potential
climate effects and may rely on
available information and relevant
scientific literature.
In their NEPA analyses, agencies
should consider reasonable alternatives
to the proposed action and discuss the
short- and long-term effects and benefits
of those alternatives. 40 CFR 1502.14
and 1508.9(b). NEPA does not require
agencies to adopt mitigation measures.
However, comparing alternatives based
on potential effects due to GHG
emissions, along with other potential
effects and economic and technical
considerations, can help agencies
differentiate among alternatives. 40 CFR
1502.14 and 1502.16(e).
Consideration of effects on the quality
of the human environment due to GHG
emissions does not require agencies to
expand the range of Federal agency
actions subject to NEPA or develop new
NEPA implementing procedures. As
required by CEQ regulations, agencies
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shall conduct NEPA analyses based on
current scientific information and
methods to the extent reasonably
available and practicable. 40 CFR
1500.1(b), 1502.22, and 1502.24. In
preparing their NEPA analyses, agencies
can incorporate by reference preexisting plans, inventories, reviews,
assessments, and research whenever
appropriate. Agencies may also use
programmatic analyses, programmatic
approaches, and tiering to address
emission considerations (including GHG
emissions) that are relevant to the stage
of decisionmaking for the proposed
action.
B. Considerations Relating to the
Affected Environment
Analyses under NEPA should include
a description of the affected
environment to provide a basis for
comparing the current and the
reasonably foreseeable future state of the
environment as affected by the proposed
action and its reasonable alternatives.
When relevant, agencies should
consider whether the proposed action
would be affected by foreseeable
changes to the affected environment
under a reasonable scenario. In
accordance with NEPA’s rule of reason
and standards for obtaining information
regarding reasonably foreseeable effects
on the human environment, agencies
need not undertake new research or
analysis of potential changes to the
affected environment in the proposed
action area and may summarize and
incorporate by reference appropriate
scientific literature. 40 CFR 1502.21 and
1502.24.
C. Use of Cost-Benefit Analyses
NEPA and CEQ’s implementing
regulations do not require agencies to
monetize costs and benefits of a
proposed action. CEQ regulations
provide that agencies need not weigh
the merits and drawbacks of particular
alternatives in a monetary cost-benefit
analysis. 40 CFR 1502.23.6 For this
reason, an agency need not weigh the
effects of the various alternatives in
NEPA in a monetary cost-benefit
analysis using any monetized Social
Cost of Carbon (SCC) estimates and
related documents (collectively referred
6 Section 1502.23 of the CEQ regulations also
provides that monetary cost-benefit analysis
‘‘should not be [used] when there are important
qualitative considerations.’’
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Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Notices
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to as ‘‘SCC estimates’’),7 or other similar
cost metrics.8
Further, the SCC estimates were
developed for rulemaking purposes to
assist agencies in evaluating the costs
and benefits of regulatory actions, and
were not intended for socio-economic
analysis under NEPA or decisionmaking on individual actions, including
project-level decisions. If an agency
does consider costs and benefits that are
relevant to the choice among
environmentally different alternatives
for a proposed action, such as in a
rulemaking, the agency should
incorporate by reference or append such
analyses to the environmental impact
statement as an aid in evaluating the
environmental consequences. 40 CFR
1502.21 and 1502.23. When using a
monetary cost-benefit analysis, just as
with tools to quantify emissions, the
agency should disclose the assumptions
and levels of uncertainty associated
with such analysis.
Finally, CEQ’s regulations require
consideration of ‘‘effects,’’ including
‘‘ecological . . ., aesthetic, historic,
cultural, economic, social, or health,
whether direct, indirect, or cumulative.’’
40 CFR 1508.8(b). There may be some
effects that are more capable of
monetization or quantification, such as
employment or other socio-economic
impacts, and that the agency may
determine are useful to include in its
NEPA review. Monetization or
quantification of some aspects of an
agency’s analysis does not require that
all effects, including potential effects of
7 In February of 2010, the Interagency Working
Group on the Social Cost of Greenhouse Gases
(IWG) published a ‘‘Technical Support Document:
Social Cost of Carbon for Regulatory Impact
Analysis—Under Executive Order 12866.’’ These
documents were updated a number of times. See
‘‘Technical Update of the Social Cost of Carbon for
Regulatory Impact Analysis (May 2013);’’
‘‘Technical Update of the Social Cost of Carbon for
Regulatory Impact Analysis (November 2013);’’
‘‘Technical Update of the Social Cost of Carbon for
Regulatory Impact Analysis (July 2015);’’
‘‘Addendum to the Technical Support Document
for Social Cost of Carbon: Application of the
Methodology to Estimate the Social Cost of Methane
and the Social Cost of Nitrous Oxide (August
2016);’’ and ‘‘Technical Update of the Social Cost
of Carbon for Regulatory Impact Analysis (August
2016).’’
8 Pursuant to Executive Order 13783 of March 28,
2017, titled ‘‘Promoting Energy Independence and
Economic Growth,’’ the IWG was disbanded, and
the estimates were directed to be withdrawn as no
longer representing government policy. 82 FR
16093, Mar. 31, 2017. Agencies were directed to
ensure, to the extent permitted by law, that any
such estimates are consistent with the guidance
contained in the OMB Circular A–4 of September
17, 2003, which was issued following peer review
and public comment and has been widely accepted
as reflecting the best practices for conducting costbenefit analyses for rulemakings. Any such analysis
should focus on the impacts that accrue to citizens
and residents of the United States.
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GHG emissions, be monetized or
quantified. Where an agency decides to
quantify some effects but not others, the
agency should explain the choices it has
made in its analysis.
III. OMB Review
Consistent with OMB’s ‘‘Agency Good
Guidance Practices’’ (72 FR 3432, Jan.
25, 2007), the draft guidance document
was submitted to OMB for review.
(Authority: 42 U.S.C. 4332, 4342, 4344 and
40 CFR parts 1500, 1501, 1502, 1503, 1505,
1506, 1507, and 1508)
Mary B. Neumayr,
Chairman.
[FR Doc. 2019–13576 Filed 6–25–19; 8:45 am]
BILLING CODE 3225–F9–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2019–OS–0018]
Submission for OMB Review;
Comment Request
Office of the Under Secretary of
Defense for Personnel and Readiness,
DoD.
ACTION: 30-Day information collection
notice.
AGENCY:
The Department of Defense
has submitted to OMB for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
DATES: Consideration will be given to all
comments received by July 26, 2019.
ADDRESSES: Comments and
recommendations on the proposed
information collection should be
emailed to Ms. Jasmeet Seehra, DoD
Desk Officer, at oira_submission@
omb.eop.gov. Please identify the
proposed information collection by DoD
Desk Officer, Docket ID number, and
title of the information collection.
FOR FURTHER INFORMATION CONTACT:
Angela James, 571–372–7574, or
whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Department of Defense
Consent to Conduct Installation Records
Checks (IRC); DD Form 3058; OMB
Control Number 0704–XXXX.
Type of Request: New collection.
Number of Respondents: 14,000.
Responses per Respondent: 1.
Annual Responses: 14,000.
Average Burden per Response: 10
minutes.
Annual Burden Hours: 2,333.
SUMMARY:
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Needs and Uses: The information
collection requirement is necessary as
part of a criminal history background
investigation on individual working,
volunteering or residing on military
installations who come into regular,
recurring contact with children under
the age of 18 years. The query of records
from the installation the Family
Advocacy Central Registry and military
law enforcement records and the
Defense Central Index of Investigations
(DCII) will assist the department in
obtaining or maintaining an
employment suitability or fitness
determination for those individuals
working with children on military
installations. Programs impacted are
referenced within the 34 U.S.C. 20351
(Crime Control Act of 1990) and include
impacted individuals such as
employees, DoD contractors, providers,
adults residing in a family child care
home, volunteers, and others with
regular recurring contact with children.
Affected Public: Individuals or
households.
Frequency: As required.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Ms. Jasmeet
Seehra.
You may also submit comments and
recommendations, identified by Docket
ID number and title, by the following
method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, Docket
ID number, and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DoD Clearance Officer: Ms. Angela
James.
Requests for copies of the information
collection proposal should be sent to
Ms. James at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil.
Dated: June 21, 2019.
Shelly E. Finke,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2019–13628 Filed 6–25–19; 8:45 am]
BILLING CODE 5001–06–P
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Agencies
[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Notices]
[Pages 30097-30099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13576]
=======================================================================
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COUNCIL ON ENVIRONMENTAL QUALITY
[Docket No. CEQ-2019-0002]
RIN 0331-ZA03
Draft National Environmental Policy Act Guidance on Consideration
of Greenhouse Gas Emissions
AGENCY: Council on Environmental Quality (CEQ).
ACTION: Draft guidance; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Council on Environmental Quality (CEQ) is publishing draft
guidance on how National Environmental Policy Act (NEPA) analysis and
documentation should address greenhouse gas (GHG) emissions. This Draft
National Environmental Policy Act Guidance on Consideration of
Greenhouse Gas Emissions, if finalized, would replace the final
guidance CEQ issued on August 1, 2016, titled ``Final Guidance for
Federal Departments and Agencies on Consideration of Greenhouse Gas
Emissions and the Effects of Climate Change in National Environmental
Policy Act Reviews,'' which was withdrawn effective April 5, 2017 for
further consideration pursuant to Executive Order 13783 of March 28,
2017, ``Promoting Energy Independence and Economic Growth.''
DATES: Comments should be submitted on or before July 26, 2019.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number CEQ-2019-0002 through the Federal eRulemaking portal at
https://www.regulations.gov. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from https://www.regulations.gov. CEQ may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (e.g., audio, video) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make.
Comments may also be submitted by mail. Send your comments to:
Council on Environmental Quality, 730 Jackson Place, NW, Washington, DC
20503, Attn: Docket No. CEQ-2019-0002.
The draft guidance is also available on the CEQ websites at https://www.whitehouse.gov/ceq/initiatives/ and www.nepa.gov.
FOR FURTHER INFORMATION CONTACT: Edward A. Boling, Associate Director
for the National Environmental Policy Act, Council on Environmental
Quality, 730 Jackson Place, NW, Washington, DC 20503. Telephone: (202)
395-5750.
SUPPLEMENTARY INFORMATION:
Draft National Environmental Policy Act Guidance on Consideration of
Greenhouse Gas Emissions
I. Introduction
The Council on Environmental Quality (CEQ) provides this draft
guidance memorandum \1\ to assist Federal agencies in their
consideration of greenhouse gas (GHG) emissions \2\ when evaluating
proposed major Federal actions in accordance with the National
Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., and the CEQ
Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR
parts 1500-1508 (``CEQ Regulations''). The purpose of this draft
guidance is to facilitate compliance with NEPA by Federal agencies
conducting reviews of proposed major Federal actions.\3\
---------------------------------------------------------------------------
\1\ This draft guidance is not a rule or regulation, and the
recommendations it contains may not apply to a particular situation
based upon the individual facts and circumstances. This guidance
does not change or substitute for any statutes, regulations, or any
other legally binding requirement and is not legally enforceable.
CEQ's regulations implementing the procedural provisions of NEPA are
available on www.nepa.gov. This guidance does not, and cannot,
expand the range of Federal agency actions that are subject to NEPA.
\2\ For purposes of this draft guidance, CEQ defines GHGs as
carbon dioxide (CO2), methane (CH4), nitrous
oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons
(PFCs), sulfur hexafluoride (SF6) and nitrogen
trifluoride (NF3).
\3\ This draft guidance is intended to replace CEQ's August 2016
``Final Guidance for Federal Departments and Agencies on
Consideration of Greenhouse Gas Emissions and the Effects of Climate
Change in National Environmental Policy Act Reviews'' (81 FR 51866,
Aug. 5, 2016), which was withdrawn pursuant to Executive Order 13783
on April 5, 2017 (82 FR 16576).
---------------------------------------------------------------------------
II. Draft Guidance
NEPA requires that Federal agencies study the environmental impacts
of major Federal actions significantly affecting the quality of the
human environment. 42 U.S.C. 4332(2)(C). NEPA is a procedural statute
that serves the twin purposes of ensuring that agencies consider the
environmental consequences of their proposed actions and inform the
public about their decision-making process. Agencies
[[Page 30098]]
should analyze reasonably foreseeable environmental consequences of
major Federal actions, but should not consider those that are remote or
speculative. 40 CFR 1508.8.
A. Consideration of GHG Emissions in NEPA Analyses
Under CEQ regulations and the ``rule of reason'' that bounds all
NEPA analysis, impacts of a proposed action should be discussed in
proportion to their significance, and there should only be brief
discussion of issues that are not significant.\4\ As with all NEPA
analyses, the rule of reason permits agencies to use their expertise
and experience to decide how and to what degree to analyze particular
effects. Agencies preparing NEPA analyses need not give greater
consideration to potential effects from GHG emissions than to other
potential effects on the human environment.
---------------------------------------------------------------------------
\4\ See 40 CFR 1500.1(b) (``Most important, NEPA documents must
concentrate on the issues that are truly significant to the action
in question, rather than amassing needless detail.''); 40 CFR
1502.2(b) (``Impacts shall be discussed in proportion to their
significance.''); 40 CFR 1502.15 (``Data and analyses in a statement
shall be commensurate with the importance of the impact . . .''); 40
CFR 1508.27 (defining ``significantly'').
---------------------------------------------------------------------------
A projection of a proposed action's direct and reasonably
foreseeable indirect GHG emissions may be used as a proxy for assessing
potential climate effects. Direct effects are caused by the action and
occur at the same time or place. 40 CFR 1508.8(a). Indirect effects are
caused by the action and are later in time or farther removed in
distance, but are still reasonably foreseeable. 40 CFR 1508.8(b).
Following the rule of reason, agencies should assess effects when a
sufficiently close causal relationship exists between the proposed
action and the effect. A ``but for'' causal relationship is not
sufficient.
Agencies should attempt to quantify a proposed action's projected
direct and reasonably foreseeable indirect GHG emissions when the
amount of those emissions is substantial enough to warrant
quantification, and when it is practicable to quantify them using
available data and GHG quantification tools.\5\ Agencies should
consider whether quantifying a proposed action's projected reasonably
foreseeable GHG emissions would be practicable and whether
quantification would be overly speculative. If an agency concludes that
quantification would not be practicable or would be overly speculative,
it should explain its decision.
---------------------------------------------------------------------------
\5\ For a listing of available GHG accounting methods and tools
that agencies may consider using in their NEPA reviews see CEQ's
Greenhouse Gas Accounting Tools web page (https://ceq.doe.gov/guidance/ghg-accounting-tools.html).
---------------------------------------------------------------------------
Where GHG inventory information is available, an agency may also
reference local, regional, national, or sector-wide emission estimates
to provide context for understanding the relative magnitude of a
proposed action's GHG emissions. This approach, together with a
qualitative summary discussion of the effects of GHG emissions based on
an appropriate literature review, allows an agency to present the
environmental impacts of a proposed action in clear terms and with
sufficient information to make a reasoned choice among the
alternatives. Such a discussion satisfies NEPA's requirement that
agencies analyze the cumulative effects of a proposed action because
the potential effects of GHG emissions are inherently a global
cumulative effect. Therefore, a separate cumulative effects analysis is
not required.
When an agency determines that the tools, methods, or data inputs
necessary to quantify a proposed action's GHG emissions are not
reasonably available, or it otherwise would not be practicable, the
agency should include a qualitative analysis and explain its basis for
determining that quantification is not warranted. Agencies are not
required to quantify effects where information necessary for
quantification is unavailable, not of high quality, or the complexity
of identifying emissions would make quantification overly speculative.
40 CFR 1502.22. A qualitative analysis may rely on sector-specific
descriptions of the GHG emissions for the category of Federal action
that is the subject of the NEPA analysis. Agencies need not undertake
new research or analysis of potential climate effects and may rely on
available information and relevant scientific literature.
In their NEPA analyses, agencies should consider reasonable
alternatives to the proposed action and discuss the short- and long-
term effects and benefits of those alternatives. 40 CFR 1502.14 and
1508.9(b). NEPA does not require agencies to adopt mitigation measures.
However, comparing alternatives based on potential effects due to GHG
emissions, along with other potential effects and economic and
technical considerations, can help agencies differentiate among
alternatives. 40 CFR 1502.14 and 1502.16(e).
Consideration of effects on the quality of the human environment
due to GHG emissions does not require agencies to expand the range of
Federal agency actions subject to NEPA or develop new NEPA implementing
procedures. As required by CEQ regulations, agencies shall conduct NEPA
analyses based on current scientific information and methods to the
extent reasonably available and practicable. 40 CFR 1500.1(b), 1502.22,
and 1502.24. In preparing their NEPA analyses, agencies can incorporate
by reference pre-existing plans, inventories, reviews, assessments, and
research whenever appropriate. Agencies may also use programmatic
analyses, programmatic approaches, and tiering to address emission
considerations (including GHG emissions) that are relevant to the stage
of decisionmaking for the proposed action.
B. Considerations Relating to the Affected Environment
Analyses under NEPA should include a description of the affected
environment to provide a basis for comparing the current and the
reasonably foreseeable future state of the environment as affected by
the proposed action and its reasonable alternatives. When relevant,
agencies should consider whether the proposed action would be affected
by foreseeable changes to the affected environment under a reasonable
scenario. In accordance with NEPA's rule of reason and standards for
obtaining information regarding reasonably foreseeable effects on the
human environment, agencies need not undertake new research or analysis
of potential changes to the affected environment in the proposed action
area and may summarize and incorporate by reference appropriate
scientific literature. 40 CFR 1502.21 and 1502.24.
C. Use of Cost-Benefit Analyses
NEPA and CEQ's implementing regulations do not require agencies to
monetize costs and benefits of a proposed action. CEQ regulations
provide that agencies need not weigh the merits and drawbacks of
particular alternatives in a monetary cost-benefit analysis. 40 CFR
1502.23.\6\ For this reason, an agency need not weigh the effects of
the various alternatives in NEPA in a monetary cost-benefit analysis
using any monetized Social Cost of Carbon (SCC) estimates and related
documents (collectively referred
[[Page 30099]]
to as ``SCC estimates''),\7\ or other similar cost metrics.\8\
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\6\ Section 1502.23 of the CEQ regulations also provides that
monetary cost-benefit analysis ``should not be [used] when there are
important qualitative considerations.''
\7\ In February of 2010, the Interagency Working Group on the
Social Cost of Greenhouse Gases (IWG) published a ``Technical
Support Document: Social Cost of Carbon for Regulatory Impact
Analysis--Under Executive Order 12866.'' These documents were
updated a number of times. See ``Technical Update of the Social Cost
of Carbon for Regulatory Impact Analysis (May 2013);'' ``Technical
Update of the Social Cost of Carbon for Regulatory Impact Analysis
(November 2013);'' ``Technical Update of the Social Cost of Carbon
for Regulatory Impact Analysis (July 2015);'' ``Addendum to the
Technical Support Document for Social Cost of Carbon: Application of
the Methodology to Estimate the Social Cost of Methane and the
Social Cost of Nitrous Oxide (August 2016);'' and ``Technical Update
of the Social Cost of Carbon for Regulatory Impact Analysis (August
2016).''
\8\ Pursuant to Executive Order 13783 of March 28, 2017, titled
``Promoting Energy Independence and Economic Growth,'' the IWG was
disbanded, and the estimates were directed to be withdrawn as no
longer representing government policy. 82 FR 16093, Mar. 31, 2017.
Agencies were directed to ensure, to the extent permitted by law,
that any such estimates are consistent with the guidance contained
in the OMB Circular A-4 of September 17, 2003, which was issued
following peer review and public comment and has been widely
accepted as reflecting the best practices for conducting cost-
benefit analyses for rulemakings. Any such analysis should focus on
the impacts that accrue to citizens and residents of the United
States.
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Further, the SCC estimates were developed for rulemaking purposes
to assist agencies in evaluating the costs and benefits of regulatory
actions, and were not intended for socio-economic analysis under NEPA
or decision-making on individual actions, including project-level
decisions. If an agency does consider costs and benefits that are
relevant to the choice among environmentally different alternatives for
a proposed action, such as in a rulemaking, the agency should
incorporate by reference or append such analyses to the environmental
impact statement as an aid in evaluating the environmental
consequences. 40 CFR 1502.21 and 1502.23. When using a monetary cost-
benefit analysis, just as with tools to quantify emissions, the agency
should disclose the assumptions and levels of uncertainty associated
with such analysis.
Finally, CEQ's regulations require consideration of ``effects,''
including ``ecological . . ., aesthetic, historic, cultural, economic,
social, or health, whether direct, indirect, or cumulative.'' 40 CFR
1508.8(b). There may be some effects that are more capable of
monetization or quantification, such as employment or other socio-
economic impacts, and that the agency may determine are useful to
include in its NEPA review. Monetization or quantification of some
aspects of an agency's analysis does not require that all effects,
including potential effects of GHG emissions, be monetized or
quantified. Where an agency decides to quantify some effects but not
others, the agency should explain the choices it has made in its
analysis.
III. OMB Review
Consistent with OMB's ``Agency Good Guidance Practices'' (72 FR
3432, Jan. 25, 2007), the draft guidance document was submitted to OMB
for review.
(Authority: 42 U.S.C. 4332, 4342, 4344 and 40 CFR parts 1500, 1501,
1502, 1503, 1505, 1506, 1507, and 1508)
Mary B. Neumayr,
Chairman.
[FR Doc. 2019-13576 Filed 6-25-19; 8:45 am]
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