CEQ’s Proposal to Update its NEPA Implementing Regulations:
- NPRM: Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
- Fact Sheet
- Press Release
- Chairman Neumayr’s op-ed in the Washington Examiner
- What They Are Saying: Support for CEQ’s Proposal to Modernize its NEPA Regulations
- PowerPoint Presentation on Proposed Updates to NEPA Regulations
- Visit NEPA.gov for a webcast presentation on the proposed rule
- Chairman Neumayr’s op-ed in the Grand Junction Daily Sentinel
The public comment period closed on March 10, 2020.
CEQ held two public hearings on the following dates:
- February 11, 2020, in Denver, CO.
- February 25, 2020, in Washington, DC.
The National Environmental Policy Act (NEPA), signed into law on January 1, 1970, requires Federal agencies to consider the environmental effects of proposed major Federal actions significantly affecting the quality of the human environment. NEPA’s requirements apply to a broad range of actions affecting the daily lives of Americans across the country. From the construction of roads, bridges, highways, transmission lines, conventional and renewable energy projects, broadband deployment, and water infrastructure to management of activities on Federal lands, such as grazing, forest management, and wildfire protection to environmental restoration and other projects.
CEQ has not comprehensively updated its NEPA implementing regulations since 1978, more than four decades ago. Over time, the NEPA process has become increasingly complex and time consuming. CEQ has found that, on average, it takes Federal agencies 4 and half years to complete environmental impact statements (EISs) under NEPA, and for some projects it takes much longer. Additionally, these statements can also be lengthy and exceed, on average, 600 pages.
In 2017, President Trump issued Executive Order (EO) 13807 which directed CEQ to review its existing NEPA regulations and modernize and accelerate the Federal environmental review and decision-making process.
Timeline of CEQ’s NEPA Review:
- September 14, 2017 – CEQ issued an Initial List of Action to implement EO 13807.
- June 20, 2018 – CEQ issued an advance notice of proposed rulemaking (ANPRM) soliciting feedback on potential revisions to update and clarify its NEPA regulations.
- July 21, 2018 – CEQ extended the ANPRM comment period.
- August 20, 2018 – The comment period concluded. CEQ received over 12,500 comments in response to the ANPRM.
- October 11, 2019 – CEQ submitted a draft Notice of Proposed Rulemaking (NPRM) to the Office of Information and Regulatory Affairs for interagency review.
- January 9, 2020 – CEQ announced a NPRM to modernize and clarify the regulations to facilitate a more efficient, effective, and timely NEPA review process.
- March 10, 2020 – The NPRM comment period concluded.
On December 14, 2018, CEQ issued a report on the length of time Federal agencies spent to complete EISs under NEPA. CEQ found that over the past decade, the average time for agencies to complete an EIS was 4 and a half years. CEQ’s current guidance suggests that this process, even for complex projects, should not take more than one year.
On July 22, 2019, CEQ issued a report on the average length, by page, of EISs. CEQ found that the average length of an EIS was over 600 pages. CEQ’s current regulations suggest EISs should normally be less than 150 pages and less than 300 pages for proposals of unusual scope or complexity.
CEQ has also developed and published a comprehensive list of all Federal agencies’ categorical exclusions (CEs) under NEPA. CEs are actions that a Federal agency has determined do not have a significant impact on the environment. CEs are not exemptions from NEPA, but rather they are a form of NEPA review.
On June 21, 2019, CEQ proposed guidance for agencies regarding the consideration of greenhouse gas emissions when evaluating proposed major Federal actions in accordance with NEPA.
- Draft NEPA Guidance on Consideration of Greenhouse Gas Emissions
- Fact Sheet
- July 24, 2019 – CEQ extended the comment period
For further information on NEPA, visit NEPA.gov.