Council on Environmental Quality – Federal Register Recent Federal Regulation Documents

The Council on Environmental Quality (CEQ) is finalizing its "Bipartisan Permitting Reform Implementation Rule" to revise its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA), including the recent amendments to NEPA in the Fiscal Responsibility Act. CEQ is making these revisions to provide for an effective environmental review process; ensure full and fair public engagement; enhance efficiency and regulatory certainty; and promote sound Federal agency decision making that is grounded in science, including consideration of relevant environmental, climate change, and environmental justice effects. These changes are grounded in NEPA's statutory text and purpose, including making decisions informed by science; CEQ's extensive experience implementing NEPA; CEQ's perspective on how NEPA can best inform agency decision making; longstanding Federal agency experience and practice; and case law interpreting NEPA's requirements.

The Council on Environmental Quality (CEQ) is issuing this request for information (RFI) to solicit feedback on Phase One of the Environmental Justice Scorecard, which will inform future versions of the Environmental Justice Scorecard.

The Council on Environmental Quality (CEQ) and Office of Science and Technology Policy (OSTP), on behalf of the Ocean Policy Committee (OPC), request input from all interested parties to inform the development of an Ocean Justice Strategy. The Ocean Justice Strategy will describe the vision, goals, and high-level objectives for coordinating and guiding ocean justice activities across the Federal Government. It may also serve as a reference for Tribal, Territorial, State, and local governments, regional management bodies, and non- governmental groups. The Ocean Justice Strategy will propose equitable and just practices to advance safety, health, and prosperity for communities residing near the ocean, the coasts, and the Great Lakes and for the whole country, now and for future generations. It builds on current Biden-Harris Administration activities and commitments aimed to advance environmental justice. Through this Request for Information (RFI), the Ocean Policy Committee seeks public input on what the vision and goals of the Ocean Justice Strategy should be and how the Federal Government can advance just and equitable access to, and management and use of, the ocean, the coasts, and the Great Lakes.

On January 9, 2023, the Council on Environmental Quality (CEQ) issued guidance to assist agencies in analyzing greenhouse gas and climate change effects of their proposed actions under the National Environmental Policy Act and requested public comment on the guidance. This notice extends the deadline date for receiving public comments for an additional 30 days, until April 10, 2023.

As required by the Utilizing Significant Emissions with Innovative Technologies (USE IT) Act, the Council on Environmental Quality (CEQ) is seeking additional member nominations from a diverse range of qualified candidates to serve on the ``Carbon Dioxide Capture, Utilization and Sequestration (CCUS) Non-Federal Lands Permitting Task Force'' (Non-Federal Task Force). Vacancies are anticipated to be filled by February 17, 2023.

On August 3, 2022, the Council on Environmental Quality published a request for information (RFI) to solicit feedback on the vision, framework, and outcomes of the Environmental Justice Scorecard. This notice extends the deadline date for receiving comments until November 3, 2022.

On February 16, 2022, the Council on Environmental Quality (CEQ) published a notice announcing the availability of and seeking comment on an interim guidance document, ``Carbon Capture, Utilization, and Sequestration Guidance.'' CEQ is extending the comment period on the notice, which was scheduled to close on March 18, 2022, for 31 days until April 18, 2022.

The Council on Environmental Quality is issuing this request for information (RFI) to solicit feedback on the beta version of the Climate and Economic Justice Screening Tool.

The Council on Environmental Quality (CEQ) is extending the deadline by two years for Federal agencies to develop or revise proposed procedures for implementing the procedural provisions of the National Environmental Policy Act (NEPA).

The Council on Environmental Quality (CEQ) is rescinding its ``Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions'' consistent with Executive Order (E.O.) 13990, ``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.''

In accordance with Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' dated October 9, 2019, and Office of Management and Budget (OMB) Memorandum M-20-02, dated October 31, 2019, the Council on Environmental Quality (CEQ) is providing notice of where the public may access CEQ guidance documents.

On September 14, 2020, the Council on Environmental Quality (CEQ) issued guidance, CEQ-NEPA-2020-01, in a memorandum to the heads of Federal departments and agencies (agencies) to assist agencies with compliance with the National Environmental Policy Act (NEPA) during emergencies. The CEQ regulations implementing NEPA provide for alternative arrangements during emergencies when an agency's action is likely to have significant effects and would require preparation of an environmental impact statement. This guidance also addresses compliance with NEPA when the action is unlikely to have significant effects and might require preparation of an environmental assessment or application of a categorical exclusion.

In this action, the Council on Environmental Quality (CEQ) is proposing to update its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA). CEQ has not comprehensively updated its regulations since their promulgation in 1978, more than four decades ago. This proposed rule would modernize and clarify the regulations to facilitate more efficient, effective, and timely NEPA reviews by Federal agencies in connection with proposals for agency action. The proposed amendments would advance the original goals of the CEQ regulations to reduce paperwork and delays, and promote better decisions consistent with the national environmental policy set forth in section 101 of NEPA. If finalized, the proposed rule would comprehensively update and substantially revise the 1978 regulations. CEQ invites comments on the proposed revisions.

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.''

On June 20, 2018, the Council on Environmental Quality (CEQ) published an advance notice of proposed rulemaking (ANPRM) titled ``Update to the Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act.'' The CEQ is extending the comment period on the ANPRM, which was scheduled to close on July 20, 2018, for 31 days until August 20, 2018. The CEQ is making this change in response to public requests for an extension of the comment period.

The Council on Environmental Quality (CEQ) is publishing its initial list of actions pursuant to Executive Order 13807 of August 15, 2017, titled ``Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects,'' and published on August 24, 2017.

The Office of Federal Sustainability Council on Environmental Quality (CEQ) has issued to Federal agency Chief Sustainability Officers Guidance for Federal Agency Implementation of Workplace Charging Pursuant to the Fixing America's Surface Transportation (FAST) Act: Electric Vehicle Supply Equipment. The guidance outlines how Federal agencies can take advantage of workplace charging opportunities under the FAST Act, and provides an approach for a uniform fee for the use of existing and new hard-wired electric vehicle supply equipment (EVSE) with cordsets including alternating current (AC) Level 1 EVSE, AC Level 2 EVSE, or direct current fast chargers (DCFC), for the purposes of seeking reimbursement under the FAST Act. The document also describes how Federal agency Chief Sustainability Officers should coordinate with Federal agency fleet managers to report annually on the implementation of workplace charging in the Federal Automotive Statistical Tool (FAST).

The Office of Federal Sustainability Council on Environmental Quality (CEQ) has issued to Federal agency Chief Sustainability Officers Guidance for Federal Agency Implementation of Workplace Charging Pursuant to the Fixing America's Surface Transportation (FAST) Act: Level 1 Charging Receptacles. The guidance outlines how Federal agencies can take advantage of workplace charging opportunities under the FAST Act, and provides an approach for a uniform fee for Level 1 charging receptacles (i.e. wall outlets) for the purposes of seeking reimbursement under the FAST Act. The document also describes how Federal agency Chief Sustainability Officers should coordinate with Federal agency fleet managers to report annually on the implementation of workplace charging in the Federal Automotive Statistical Tool (FAST).

This notice informs the public of the opportunity for eligible non-governmental entities to submit an application for co-sponsorship of a potential White House Council on Environmental Quality 2016 GreenGov Symposium. Those interested in becoming co-sponsors should submit an application for co-sponsorship by February 12, 2016.

This notice extends the comment period for the proposed guidance published in the Federal Register on December 24, 2014, (79 FR 77802, Dec. 24, 2014). The comment period for the proposed guidance, which would have ended on February 23, 2015, is extended for 30 days.

The Council on Environmental Quality (CEQ) is publishing revised draft guidance on how National Environmental Policy Act (NEPA) analysis and documentation should address greenhouse gas (GHG) emissions and the impacts of climate change. Many projects and programs proposed by, or requiring the approval of, the Federal Government have the potential to emit or sequester GHG, and may be potentially affected by climate changes. It follows, under NEPA, that Federal decisionmakers and the public should be informed about the proposal's GHG emissions and climate change impacts. Such information can help a decisionmaker make an informed choice between alternative actions that will result in different levels of GHG emissions, or consider mitigation measures to reduce the impacts of climate change. This revised draft guidance supersedes the draft guidance CEQ issued on February 18, 2010, entitled ``Draft NEPA Guidance on Consideration of the Effects of Climate Change and Greenhouse Gas Emissions.'' \1\ The February 2010 draft guidance specifically did not apply to land and resource management activities. That distinction is no longer retained, and this revised draft guidance applies to all proposed Federal agency actions subject to NEPA.

The Council on Environmental Quality (CEQ) is publishing draft guidance on when and how Federal agencies can effectively use National Environmental Policy Act (NEPA) programmatic reviews. Guidance on programmatic NEPA reviews has been requested by the agencies and attention on programmatic NEPA reviews has increased as agencies are increasingly undertaking broad landscape scale analyses for proposals that affect the resources they manage. This guidance is designed to assist agency decision-makers and the public in understanding the environmental impacts from proposed large-scope Federal actions and activities and to facilitate agency compliance with NEPA by clarifying the different planning scenarios under which an agency may prepare a programmatic, broad-scale, review. The guidance also addresses how agencies can prepare such reviews to ensure they are timely, informative, and useful for advancing decision-making. The goal of this guidance is to encourage a more consistent approach to programmatic NEPA reviews so that the analyses and documentation will allow for the expeditious and efficient completion of any necessary tiered reviews. It builds on guidance issued since 1981 that explained the use of tiering and its place in the NEPA process.

Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directed the Secretary of the Army to revise the ``Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies'' (Principles and Guidelines), dated March 10, 1983, consistent with several considerations enumerated in the Act. The revised Principles and Guidelines consist of three key components: (1) The Principles and Requirements (formerly called Principles and Standards), setting out broad policy and principles that guide investments; (2) the Interagency Guidelines, providing guidance to Federal agencies for determining the applicability of the Principles and Guidelines and for developing agency-specific implementing procedures for formulating, evaluating, and comparing water resources projects, programs, activities and related actions; and (3) the Agency Specific Procedures, outlining agency-specific procedures for incorporating the Principles and Requirements into agency missions and programs. This notice is to provide an opportunity for interested individuals and organizations to submit comments on the draft Interagency Guidelines, one key component of the Principles and Guidelines. The draft Interagency Guidelines are available for review and comments can be submitted through the Web site, www.whitehouse.gov/administration/ eop/ceq/initiatives/PandG/.

On July 19, 2010, President Obama signed Executive Order 13547 establishing a National Policy for the Stewardship of the Ocean, our Coasts, and the Great Lakes (National Ocean Policy). As part of the President's charge for Federal agencies to implement the National Ocean Policy, the National Ocean Council developed actions to achieve the Policy's nine priority objectives, and to address some of the most pressing challenges facing the ocean, our coasts, and the Great Lakes. Collectively, the actions are encompassed in a single draft National Ocean Policy Implementation Plan (Implementation Plan). The draft Implementation Plan describes more than 50 actions the Federal Government will take to improve the health of the ocean, coasts, and Great Lakes, which support tens of millions of jobs, contribute trillions of dollars a year to the national economy, and are essential to public health and national security. Next, public comments on the draft Implementation Plan will inform the preparation of the final plan. Per our prior notice, which was published at 77 FR 2514 on January 18, 2012, we welcome your general input, and also pose the following questions: Does the draft Implementation Plan reflect actions you see are needed to address the nine priorities for the ocean, coasts, and the Great Lakes? What is the most effective way to measure outcomes and to detect whether a particular action in the Implementation Plan has achieved its intended outcome? Would a report card format be useful? With this notice, we are pleased to inform you that the comment period on the draft Implementation Plan has been extended. As stated on the National Ocean Council's Web site, https://www.WhiteHouse.gov/ oceans, on February 28, 2012, the new deadline for public comment on the draft Implementation Plan is March 28, 2012. Comments received will be collated and posted on the National Ocean Council Web site. The final Implementation Plan is expected in the spring of 2012.

The Council on Environmental Quality (CEQ) is issuing its final guidance on Improving the Process for Preparing Efficient and Timely Environmental Reviews under the National Environmental Policy Act. The National Environmental Policy Act (NEPA) and CEQ Regulations implementing NEPA provide numerous techniques for preparing efficient and timely environmental reviews. CEQ is issuing this guidance for Federal departments and agencies to emphasize and clarify that these techniques are available for all NEPA Environmental Assessments and Environmental Impact Statements. These techniques are consistent with a thorough and meaningful environmental review and agencies using these techniques should keep in mind the following basic principles: NEPA encourages straightforward and concise reviews and documentation that are proportionate to potential impacts and effectively convey the relevant considerations in a timely manner to the public and decision makers, while rigorously addressing the issues presented; NEPA shall be integrated into project planning to ensure planning and decisions reflect environmental considerations, avoid delays later in the process, and anticipate and attempt to resolve issues, rather than be an after-the-fact process that justifies decisions already made; NEPA reviews should coordinate and take appropriate advantage of existing documents and studies, including through adoption and incorporation by reference; early and well-defined scoping can assist in focusing environmental reviews on appropriate issues that would be meaningful to a decision on the proposed action; agencies are encouraged to develop meaningful, predictable, and expeditious timelines for environmental reviews; and agencies should respond to comments in proportion to the scope and scale of the environmental issues raised. This guidance applies equally to the preparation of an Environmental Assessment or an Environmental Impact Statement consistent with legal precedent and agency NEPA experience and practice. This guidance does not change or substitute for any law, regulations, or any other legally binding requirement. It does provide CEQ's interpretation of existing regulations promulgated under NEPA.