Council on Environmental Quality 2010 – Federal Register Recent Federal Regulation Documents
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Final Guidance for Federal Departments and Agencies on Establishing, Applying, and Revising Categorical Exclusions Under the National Environmental Policy Act
The Council on Environmental Quality (CEQ) is issuing its final guidance on categorical exclusions. This guidance provides methods for substantiating categorical exclusions, clarifies the process for establishing categorical exclusions, outlines how agencies should engage the public when establishing and using categorical exclusions, describes how agencies can document the use of categorical exclusions, and recommends periodic agency review of existing categorical exclusions. A categorical exclusion is a category of actions that a Federal agency determines does not normally result in individually or cumulatively significant environmental effects. This guidance clarifies the rules for establishing, applying, and revising categorical exclusions. It applies to categorical exclusions established by Federal agencies in accordance with CEQ regulations for implementing the procedural provisions of the National Environmental Policy Act. The guidance was developed to assist agencies in making their implementation of the National Environmental Policy Act (NEPA) more transparent and efficient.
Final Guidance, “Federal Greenhouse Gas Accounting and Reporting”
On October 5, 2009, President Obama signed Executive Order 13514 (``Executive Order'' or ``E.O. 13514''), entitled ``Federal Leadership in Environmental, Energy, and Economic Performance.'' 74 FR 52117, Oct. 8, 2009. The purpose of the Executive Order is to establish an integrated strategy toward sustainability in the Federal Government and to make reduction of greenhouse gas (GHG) emissions a priority for Federal agencies. Among other provisions, E.O. 13514 requires agencies to measure, report, and reduce their GHG emissions. It also requires the Chair of the Council on Environmental Quality (CEQ) to issue guidance establishing government-wide requirements for Federal agencies in calculating and reporting GHG emissions associated with agency operations. This Final Guidance, ``Federal Greenhouse Gas Accounting and Reporting,'' is available as of October 6, 2010 at: https:// www.whitehouse.gov/administration/eop/ceq/sustainability/fed- ghg.
Draft Guidance, “Federal Greenhouse Gas Accounting and Reporting”
This notice extends the comment period on draft guidance published in the Federal Register on July 16, 2010. The original date that the comment period would end was August 16, 2010. That date will now be extended until September 1, 2010
Revision of Freedom of Information Act Regulations
This document amends the Council on Environmental Quality's (CEQ) regulations governing the disclosure of information pursuant to the requests made under the Freedom of Information Act (FOIA). These revisions also reflect the principles established by President Obama's Presidential Memoranda on ``Transparency and Open Government'' and ``Freedom of Information Act'' issued on January 21, 2009 and Attorney General Holder's Memorandum on ``The Freedom of Information Act (FOIA)'' issued on March 19, 2009. Additionally, the regulations have been updated to reflect CEQ's policy and practices and reaffirm its commitment to providing the fullest possible disclosure of records to the public. The regulations provide for an online FOIA Requester Service Center and Reading Room; electronic FOIA requests; access to records published or released under FOIA in electronic format, provided the record is readily reproducible in that form or format; designation of a Chief FOIA Officer and FOIA Public Liaison; referral of requests to appropriate Federal agencies or consultation with another agency, if appropriate; review of requests in order of receipt; multi-tacking of FOIA requests based on the amount of time and work involved in processing requests; revision of CEQ's initial determination period from 10 days to 20 days, beginning on the date CEQ receives a written request; assignment of individualized tracking numbers for certain requests; tolling of the time limit for CEQ to act on a request; expedited processing of FOIA requests upon showing a showing of compelling need; CEQ consultations with a requester to determine if a FOIA request may be modified to allow for a more timely response, or to arrange an alternative time frame for a response; informing the requester of the volume of requested material withheld and the extent of deletions in records released in response to a FOIA request; increase in time for appeal from 45 to 60 days from the date of denial of a request; extension of the time limit to respond to a request in ``unusual circumstances,'' and aggregation of clearly related requests by a single requester or group of requesters. Further, CEQ's fee structure is revised to include a method for computing fees based upon the classification of the requester and the base pay of the employee making the search, an increase of copying costs from $0.10 to $0.15 per page, and a provision for waiving fees. Additional administrative changes include reorganizing, renumbering, and renaming of the FOIA
Interagency Ocean Policy Task Force-Final Recommendations of the Interagency Ocean Policy Task Force
On June 12, 2009, the President established an Interagency Ocean Policy Task Force, led by the Chair of the Council on Environmental Quality. The Task Force was charged with developing, with appropriate public input, a recommended national policy for the stewardship of the ocean, our coasts, and the Great Lakes; a framework for policy coordination, including specific recommendations to improve coordination and collaboration among Federal, State, tribal, and local authorities, and regional governance structures; an implementation strategy that identifies a set of priority objectives; and a framework for effective costal and marine spatial planning.
Draft Guidance, “Federal Greenhouse Gas Accounting and Reporting”
On October 5, 2009, President Obama signed Executive Order (E.O.) 13514Federal Leadership in Environmental, Energy, and Economic Performance (74 FR 52117) in order to establish an integrated strategy toward sustainability in the Federal Government and to make reduction of greenhouse gas (GHG) emissions a priority for Federal agencies. Among other provisions, E.O. 13514 requires agencies to measure, report, and reduce their GHG emissions.
Review of MMS NEPA Policies, Practices, and Procedures for OCS Oil and Gas Exploration and Development
On May 17, 2010, the Council on Environmental Quality (CEQ) informed the Department of the Interior (DOI) that CEQ was conducting a 30 day review National Environmental Policy Act (NEPA) policies, practices, and procedures for the Minerals Management Service (MMS) decisions for Outer Continental Shelf (OCS) oil and gas exploration and development.
Draft Principles and Standards Sections of the “Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies”; Initiation of Revision and Request for Comments
This notice extends the comment period on a notice published in the Federal Register on December 9, 2009 (74 FR 65102). The original date that the comment period would end was March 5, 2010. That date will now be extended until April 5, 2010.
National Environmental Policy Act (NEPA) Draft Guidance, “NEPA Mitigation and Monitoring.”
On February 18, 2010, the Council on Environmental Quality (CEQ) announced four steps to modernize, reinvigorate, and ease the use and increase the transparency of implementation of the National Environmental Policy Act (NEPA). Enacted in 1970, NEPA is a fundamental tool used to harmonize our economic, environmental, and social aspirations and is a cornerstone of our Nation's efforts to protect the environment. NEPA recognizes that many Federal activities affect the environment and mandates that Federal agencies consider the environmental impacts of their proposed actions before acting. Additionally, NEPA emphasizes public involvement in government actions affecting the environment by requiring that the benefits and the risks associated with proposed actions be assessed and publicly disclosed.
National Environmental Policy Act (NEPA) Draft Guidance, “Consideration of the Effects of Climate Change and Greenhouse Gas Emissions.”
On February 18, 2010, the Council on Environmental Quality (CEQ) announced four steps to modernize, reinvigorate, and ease the use and increase the transparency of implementation of the National Environmental Policy Act (NEPA). Enacted in 1970, NEPA is a fundamental tool used to harmonize our economic, environmental, and social aspirations and is a cornerstone of our Nation's efforts to protect the environment. NEPA recognizes that many Federal activities affect the environment and mandates that Federal agencies consider the environmental impacts of their proposed actions before acting. Additionally, NEPA emphasizes public involvement in government actions affecting the environment by requiring that the benefits and the risks associated with proposed actions be assessed and publicly disclosed.
National Environmental Policy Act (NEPA) Draft Guidance, Establishing, Applying, and Revising Categorical Exclusions Under the National Environmental Policy Act
On February 18, 2010, the Council on Environmental Quality (CEQ) announced four steps to modernize, reinvigorate, and ease the use and increase the transparency of implementation of the National Environmental Policy Act (NEPA). Enacted in 1970, NEPA is a fundamental tool used to harmonize our economic, environmental, and social aspirations and is a cornerstone of our Nation's efforts to protect the environment. NEPA recognizes that many Federal activities affect the environment and mandates that Federal agencies consider the environmental impacts of their proposed actions before acting. Additionally, NEPA emphasizes public involvement in government actions affecting the environment by requiring that the benefits and the risks associated with proposed actions be assessed and publicly disclosed.
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