81 FR 51866 - 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

COUNCIL ON ENVIRONMENTAL QUALITY

Federal Register Volume 81, Issue 151 (August 5, 2016)

The Council on Environmental Quality (CEQ) is issuing its final guidance on considering greenhouse gas (GHG) emissions and climate change in National Environmental Policy Act (NEPA) reviews. Many projects and programs proposed by, or requiring the approval of, Federal agencies have the potential to emit or sequester GHGs and may be affected by climate change. It follows that, under NEPA, Federal decision-makers and the public should be informed about a proposal's GHG emissions and climate change implications. Such information can help a decision-maker make an informed choice between alternative actions that will result in different levels of GHG emissions or consider mitigation measures that reduce climate change impacts. This final guidance applies to all types of proposed Federal agency actions, including land and resource management actions, and provides agencies with a framework for agency consideration of the effects of GHGs and climate change to ensure efficient and transparent agency decision- making.

[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51866-51867]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18620]


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COUNCIL ON ENVIRONMENTAL QUALITY


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

AGENCY: Council on Environmental Quality.

ACTION: Notice of Availability.

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SUMMARY: The Council on Environmental Quality (CEQ) is issuing its 
final guidance on considering greenhouse gas (GHG) emissions and 
climate change in National Environmental Policy Act (NEPA) reviews. 
Many projects and programs proposed by, or requiring the approval of, 
Federal agencies have the potential to emit or sequester GHGs and may 
be affected by climate change. It follows that, under NEPA, Federal 
decision-makers and the public should be informed about a proposal's 
GHG emissions and climate change implications. Such information can 
help a decision-maker make an informed choice between alternative 
actions that will result in different levels of GHG emissions or 
consider mitigation measures that reduce climate change impacts. This 
final guidance applies to all types of proposed Federal agency actions, 
including land and resource management actions, and provides agencies 
with a framework for agency consideration of the effects of GHGs and 
climate change to ensure efficient and transparent agency decision-
making.

DATES: The guidance is effective August 5, 2016.

ADDRESSES: The Final Guidance is available at https://www.whitehouse.gov/administration/eop/ceq/initiatives/nepa/ghg-guidance 
and https://ceq.doe.gov/. Paper copies are also available upon request.

FOR FURTHER INFORMATION CONTACT: Council on Environmental Quality 
(ATTN: Ted Boling, Associate Director for the National Environmental 
Policy Act), 722 Jackson Place NW., Washington, DC 20503. Telephone: 
(202) 395-5750.

SUPPLEMENTARY INFORMATION: Enacted by Congress in 1969, the National 
Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., is this 
Nation's basic charter for harmonizing our environmental, economic, and 
social goals and is a cornerstone of the Nation's efforts to protect 
the environment. NEPA is based on a recognition that many Federal 
activities affect the environment and mandates that Federal agencies 
consider the environmental impacts of their proposed actions before 
deciding to adopt proposals and take actions.\1\
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    \1\ For more information on the applicability of NEPA, see the 
Council on Environmental Quality (CEQ), ``A Citizen's Guide to the 
NEPA,'' available at https://ceq.doe.gov/nepa/Citizens_Guide_Dec07.pdf.
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    On December 24, 2014, CEQ issued revised draft guidance \2\ 
developed after considering comments received on the February 2010 
draft guidance from the public, Federal agencies, and other affected 
stakeholders.\3\ A Federal Register notice announced the availability 
of the revised draft guidance for public review and opened a 60-day 
public comment period through February 23, 2015. 79 FR 77801 (Dec. 24, 
2014). In response to stakeholders who requested additional time to 
review and comment on the revised draft guidance, CEQ extended the 
public comment period 30 days until March 25, 2015. 80 FR 9443 (Feb. 
23, 2015).
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    \2\ See CEQ, ``Revised Draft Guidance for Federal Departments 
and Agencies on Consideration of Greenhouse Gas Emissions and the 
Effects of Climate Change in NEPA Reviews,'' (Dec. 24, 2014), 
available at http://www.whitehouse.gov/sites/default/files/docs/nepa_revised_draft_ghg_guidance_searchable.pdf.
    \3\ See CEQ, ``Draft NEPA Guidance on Consideration of the 
Effects of Climate Change and Greenhouse Gas Emissions,'' (Feb. 18, 
2010), available at http://www.whitehouse.gov/sites/default/files/microsites/ceq/20100218-nepa-consideration-effects-ghg-draft-guidance.pdf.
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    There were over 100 public comments from a broad range of 
stakeholders, including private citizens, members of Congress, 
corporations, environmental organizations, trade associations, 
academics, tribes, and Federal, state, and local agencies. CEQ 
considered the comments and the revised guidance reflects its 
consideration of the input.
    This guidance is not a regulation. It presents CEQ's interpretation 
of what is appropriate under NEPA and the CEQ Regulations for 
Implementing the Procedural Provisions of NEPA, 40 CFR parts 1500-1508 
(CEQ Regulations). This guidance does not change or substitute for any 
law, regulation, or other legally binding requirement. With this 
guidance, CEQ provides Federal agencies with an overarching framework 
for determining how to consider GHG emissions and climate change 
effects in NEPA reviews. Consequently, this guidance could reduce 
agency uncertainty and avoid impacts on project timelines and costs 
that stem from such uncertainty.
    Agency discretion is an integral aspect of NEPA implementation and 
this guidance offers an approach to agencies on how to exercise that 
discretion. This guidance preserves agency discretion and recognizes 
agencies' abilities to evaluate the facts in the NEPA review at hand 
and determine how GHG emissions and climate change should be taken into 
account, the appropriate depth and scope for meaningfully comparing 
alternatives, and the appropriate GHG emission quantification tools.
    The final guidance recommends that agencies use projected GHG 
emissions as a proxy for assessing potential climate change effects 
when preparing a NEPA analysis for a proposed agency action; recommends 
that agencies quantify projected direct and indirect GHG emissions, 
taking into account available data and GHG quantification tools that 
are suitable for the proposed agency action; and recommends that where 
agencies do not quantify the GHG emissions for a proposed agency action 
because tools, methodologies, or data inputs are not reasonably 
available, agencies include a qualitative analysis in the NEPA document 
and explain the basis for determining that quantification is not 
reasonably available. The guidance also:
     Counsels agencies to use information developed during the 
NEPA review to consider alternatives that would make the actions and 
affected communities more resilient to the effects of a changing 
climate.
     Outlines special considerations for analysis of biogenic 
carbon dioxide sources and carbon stocks associated with land and 
resource management actions.
     Encourages agencies to use and leverage existing NEPA 
tools and practices to assist in their analyses, such as scoping, 
broad-scale reviews and tiering, incorporation by reference, and 
available information.
     Advises agencies to rely on their expert judgment and 
experience to determine which tools and methodologies should be used 
when they conduct their analyses.

[[Page 51867]]

    This guidance is effective for use on all new proposals when a NEPA 
review is initiated. CEQ recommends that agencies consider applying 
this guidance to projects in ongoing EIS or EA processes where GHG 
emissions may be a significant aspect of the proposal.
    The final guidance is available on the National Environmental 
Policy Act Web site (www.nepa.gov) specifically at, https://ceq.doe.gov/ceq_regulations/guidance.html, and on the CEQ Web site at 
https://www.whitehouse.gov/administration/eop/ceq/initiatives/nepa/ghg-guidance. For the reasons stated in the preamble, above, CEQ issues the 
following guidance on the consideration of GHG emissions and the 
effects of climate change in NEPA reviews.

    Authority:  42 U.S.C. 4332, 4342, 4344 and 40 CFR parts 1500, 
1501, 1502, 1503, 1505, 1506, 1507, and 1508.

    Dated: August 1, 2016.
Christy Goldfuss,
Managing Director, Council on Environmental Quality.
[FR Doc. 2016-18620 Filed 8-4-16; 8:45 am]
 BILLING CODE 3225-F6-P