Council on Environmental Quality – Federal Register Recent Federal Regulation Documents

The Chair of the Council on Environmental Quality (CEQ) has issued instructions to Federal agencies for integrating sustainable facility location decision-making principles into agency policies and practices, as required under Executive Order 13514 (``E.O. 13514''), ``Federal Leadership in Environmental, Energy, and Economic Performance,'' signed by President Obama on October 5, 2009. 74 FR 52117, Oct. 8, 2009. The purpose of the Executive Order is to establish an integrated strategy toward sustainability in the Federal Government including, efforts to operate high performance sustainable buildings in sustainable locations, and strengthen the vitality and livability of the communities for Federal agencies. Section 2(f) of the E.O. 13514 directs agencies to ``advance regional and local integrated planning by * * * participating in regional transportation planning and recognizing existing community transportation infrastructure; * * * ensuring that planning for new Federal facilities or new leases includes consideration of sites that are pedestrian friendly, near existing employment centers, and accessible to public transit, and emphasizes existing central cities and, in rural communities, existing or planned town centers.'' Section 5(b) of E.O. 13514 directs the Chair of CEQ to issue instructions to implement the Executive Order. The Instructions for Implementing Sustainable Locations for Federal Facilities are now available at: https://www.whitehouse.gov/administration/eop/ceq/ sustainability/sustainable-locations.

The Chair of the Council on Environmental Quality (CEQ) invites the public and federal agencies to nominate innovative pilot projects that accomplish the NEPA goals of transparency and informed decisionmaking in a more timely and effective manner. Nominations will be accepted via online submission until June 15, 2011. CEQ will track and publicize the progress of selected pilot projects as part of its NEPA Pilot Program, to identify and promote more efficient ways to do effective environmental reviews that can be replicated across the Federal Government. The NEPA Pilot Project Program is part of CEQ's broad effort to modernize and reinvigorate federal agency implementation of NEPA through innovation, public engagement, and transparency. The NEPA Pilot Program will also facilitate a review under section 6 of Executive Order 13563, ``Improving Regulation and Regulatory Review,'' of provisions of CEQ's NEPA Regulations that may be outmoded, ineffective, insufficient, or excessively burdensome. 76 FR 3821, Jan. 21, 2011; 40 CFR 1500-1508.

The Council on Environmental Quality (CEQ) is issuing its final guidance for Federal departments and agencies on the appropriate use of mitigation in Environmental Assessments (EAs) and Environmental Impact Statements (EISs) under the National Environmental Policy Act (NEPA). The guidance was developed to modernize, reinvigorate, and facilitate and increase the transparency of NEPA implementation. This guidance outlines principles Federal agencies should apply in the development of their NEPA implementing regulations and procedures to guide their consideration of measures to mitigate adverse environmental impacts in EAs and EISs; their commitments to carry out mitigation made in related decision documents, such as the Record of Decision; the implementation of mitigation; and the monitoring of mitigation outcomes during and after implementation. This guidance also outlines principles agencies should apply to provide for public participation and accountability in the development and implementation of mitigation and monitoring efforts that are described in their NEPA documentation. Mitigation commitments should be explicitly described as ongoing commitments and should specify measurable performance standards and adequate mechanisms for implementation, monitoring, and reporting. In addition, this guidance affirms the appropriateness of what is traditionally referred to as a ``mitigated Finding of No Significant Impact.'' Mitigated Findings of No Significant Impact (FONSIs) can result when an agency concludes its NEPA review with an EA that is based on a commitment to mitigate significant environmental impacts, so that a more detailed EIS is not required. As explained in this guidance, an agency does not have to prepare an EIS when the environmental impacts of a proposed action can be mitigated to a level where the agency can make a FONSI determination, provided that the agency or a project applicant commits to carry out the mitigation, and establishes a mechanism for ensuring the mitigation is carried out. When a FONSI depends on successful mitigation, the requisite mitigation commitments should be made public.

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.

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

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.

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.

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.

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, within 180 days, developing a recommended framework for effective coastal and marine spatial planning.

The Council on Environmental Quality (CEQ) is proposing to amend its Freedom of Information Act (FOIA) regulations to reflect its current policy and practice and to implement changes to the FOIA. These proposed regulations reaffirm CEQ's commitment to providing the fullest possible disclosure of records to the public. The proposal provides 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-tracking 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 CEQ has to act on a request; expedited processing of FOIA requests upon a showing of compelling need; CEQ consultations with a requester to determine if a FOIA request may be modified to allow for a timely response, or to arrange an alternative timeframe 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; reduction in time for appeal from 45 to 30 days 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 including reorganizing, renumbering, and

Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directs the Secretary of the Army to revise the ``Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies,'' dated March 10, 1983, consistent with a number of considerations enumerated in the statute. The Administration is considering developing uniform planning standards for the development of water resources that would apply government- wide, including agencies other than the traditional water resources development agencies covered under the current Principles and Guidelines: the Army Corps of Engineers, Bureau of Reclamation (Interior), Natural Resources Conservation Service (USDA), and Tennessee Valley Authority. Therefore, the Council on Environmental Quality (CEQ) will facilitate an interagency drafting of revised Principles and Guidelines for planning water resources projects that could be applied government-wide.

The Council on Environmental Quality (CEQ) has published ``Collaboration in NEPAA Handbook for NEPA Practitioners.'' Designed to assist Federal agencies in more effective use of collaboration throughout the National Environmental Policy Act (NEPA) process, the handbook is a product of an interagency work group. Public comments were solicited and the handbook was finalized after considering the comments received. ``Collaboration in NEPA'' is available from CEQ and can be accessed at https://www.NEPA.gov under the heading ``Current Developments.''

The Council on Environmental Quality (CEQ) is publishing ``Aligning National Environmental Policy Act Processes with Environmental Management SystemsA Guide for NEPA and EMS Practitioners'' to assist Federal agencies in aligning their National Environmental Policy Act (NEPA) processes with their Environmental Management Systems (EMSs). CEQ used an interagency work group to develop the guide and finalized it after considering public comments. The final guide is available from CEQ and at https://www.NEPA.gov.

The Council on Environmental Quality (CEQ) developed a Citizen's Guide to the National Environmental Policy Act (NEPA). This is a guide to help citizens and organizations who are concerned about the environmental effects of federal decision-making to effectively participate in federal agencies' environmental review process under NEPA. CEQ invites comments on the proposed ``A Citizen's Guide to the National Environmental Policy ActHaving your Voice Heard'' that is available from CEQ or at www.NEPA.gov in the Current Developments section.

The Council on Environmental Quality (CEQ) used an interagency work group to develop guidance to Federal agencies for establishing and for using categorical exclusions in meeting their responsibilities under the National Environmental Policy Act (NEPA). CEQ invites comments on the proposed guidance before issuing the final guidance to the heads of the Federal agencies. The proposed guidance, ``Establishing, Revising, and Using Categorical Exclusions under the National Environmental Policy Act'', is reprinted below and is also available at https://www.NEPA.gov in the Current Developments section.

Change existing US postal address at 40 CFR 1506.9 to update and add second address to facilitate deliveries made in-person or by commercial express mail service.