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)

Page Range		51866-51867
FR Document		2016-18620

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 Issue 151 (Friday, August 5, 2016)

[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

Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51867

This guidance is effective for use on document revisions. All outstanding 3064. Daniel Godwin, daniel.godwin.5@
all new proposals when a NEPA review comments on the GPS public documents us.af.mil, (310) 653–3640.
is initiated. CEQ recommends that will be considered along with the
Bao-Anh Trinh,
agencies consider applying this comments received at this year’s open
guidance to projects in ongoing EIS or forum in the next revision cycle. The Air Force Federal Register Liaison Officer.
EA processes where GHG emissions 2016 Interface Control Working Group [FR Doc. 2016–18595 Filed 8–4–16; 8:45 am]
may be a significant aspect of the and Open Forum are open to the general BILLING CODE 5001–10–P
proposal. public. For those who would like to
The final guidance is available on the attend and participate, we request that
National Environmental Policy Act Web you register no later than September 7, DEPARTMENT OF ENERGY
site (www.nepa.gov) specifically at, 2016. Please send the registration
https://ceq.doe.gov/ceq_regulations/ information to SMCGPER@us.af.mil, Record of Decision and Floodplain
guidance.html, and on the CEQ Web site providing your name, organization, Statement of Findings for the Lake
at https://www.whitehouse.gov/ telephone number, email address, and Charles LNG Export Company, LLC
administration/eop/ceq/initiatives/ country of citizenship. Application To Export Liquefied
nepa/ghg-guidance. For the reasons Comments will be collected, Natural Gas to Non-Free Trade
stated in the preamble, above, CEQ catalogued, and discussed as potential Agreement Countries
issues the following guidance on the inclusions to the version following the
consideration of GHG emissions and the AGENCY: Office of Fossil Energy,
current release. If accepted, these
effects of climate change in NEPA Department of Energy.
changes will be processed through the
reviews. formal directorate change process for ACTION: Record of decision.
Authority: 42 U.S.C. 4332, 4342, 4344 and IS–GPS–200, IS–GPS–705, IS–GPS–800,
40 CFR parts 1500, 1501, 1502, 1503, 1505, SUMMARY: The U.S. Department of
ICD–GPS–240, and ICD–GPS–870. All Energy (DOE) announces its decision in
1506, 1507, and 1508. comments must be submitted in a Lake Charles LNG Export Company,
Dated: August 1, 2016. Comments Resolution Matrix (CRM). LLC (Lake Charles LNG Export), DOE/
Christy Goldfuss, These forms along with current versions FE Docket No. 13–04–LNG,1 to issue
Managing Director, Council on Environmental of the documents and the official DOE/FE Order No. 3868 granting final
Quality. meeting notice are posted at: http:// long-term, multi contract authorization
[FR Doc. 2016–18620 Filed 8–4–16; 8:45 am] www.gps.gov/technical/icwg/. for Lake Charles LNG Export to engage
BILLING CODE 3225–F6–P Please submit comments to the SMC/ in export of domestically produced
GPS Requirements (SMC/GPER) liquefied natural gas (LNG) from the
mailbox at SMCGPER@us.af.mil by Lake Charles Terminal located in Lake
DEPARTMENT OF DEFENSE August 19, 2016. Special topics may Charles, Calcasieu Parish, Louisiana
also be considered for the Public Open (Terminal), in a volume equivalent to
Department of the Air Force Forum. If you wish to present a special 730 Bcf/yr of natural gas for a term of
topic, please coordinate with SMC/ 20 years. Lake Charles LNG Export is
Global Positioning System Directorate GPER no later than September 7, 2016.
(GPSD) Meeting Notice seeking to export LNG from the
For more information, please contact Terminal to countries with which the
AGENCY: Global Positioning System Capt Robyn Anderson at 310–653–3064 United States has not entered into a free
Directorate (GPSD), Department of the or Daniel Godwin at 310–653–3640. trade agreement (FTA) that requires
Air Force, Department of Defense. Table of Contents national treatment for trade in natural
ACTION: Notice of meeting—2016 Public gas, and with which trade is not
Interface Control Working Group and • DATES: prohibited by U.S. law or policy (non-
Open Forum for the NAVSTAR GPS • ADDRESSES: FTA countries). Order No. 3868 is
public documents. • FOR FURTHER INFORMATION issued under section 3 of the Natural
CONTACT: Gas Act (NGA) 2 and 10 CFR part 590 of
SUMMARY: This notice informs the public the DOE regulations.3 DOE participated
that the Global Positioning Systems DATES: Date/Time: 21–22 Sept 2016, as a cooperating agency with the Federal
(GPS) Directorate will host the 2016 0830–1600 * (Pacific Standard Time Energy Regulatory Commission (FERC)
Public Interface Control Working Group P.S.T.). in preparing an environmental impact
and Open Forum on 21 and 22 statement (EIS) 4 analyzing the potential
Registration/check-in on 21 Sept 2016
September 2016 for the following
will begin at 0800 hrs
NAVSTAR GPS public documents: IS– 1 On Oct. 10, 2014, Trunkline LNG Export, LLC

GPS–200 (Navigation User Interfaces), ADDRESSES: PCT: 100 North Sepulveda filed a request in DOE/FE Dkt. No. 13–04–LNG to
IS–GPS–705 (User Segment L5 Blvd., El Segundo, CA 90245, The Great change its corporate name to Lake Charles LNG
Room. Export Company, LLC. Subsequently, DOE/FE
Interfaces), IS–GPS–800 (User Segment issued Order 3252–A granting the name change. See
L1C Interface), ICD–GPS–240 Dial-In Information and Location: Lake Charles LNG Export Company, LLC, DOE/FE
(NAVSTAR GPS Control Segment to Phone Number: 1–310–653–2663, Order No. 3252–A, FE Dkt. No. 13–04–LNG (March
User Support Community Interfaces), Meeting ID: 6272252, Passcode: 000001. 18, 2015).
2 The authority to regulate the imports and
and ICD–GPS–870 (NAVSTAR GPS * Identification will be required at the exports of natural gas, including liquefied natural
Control Segment to User Support
mstockstill on DSK3G9T082PROD with NOTICES

entrance of the PCT facility (e.g., gas, under section 3 of the NGA (15 U.S.C. 717b)
Community Interfaces). Additional Passport, state ID or Federal ID). has been delegated to the Assistant Secretary for FE
logistical details can be found below. in Redelegation Order No. 00–006.02 issued on
The purpose of this meeting is to PCT Facility Phone Number: 310– November 17, 2014.
update the public on GPS public 615–0122. 3 10 CFR part 590 (2012).
4 Federal Energy Regulatory Commission, Final
document revisions and collect issues/ FOR FURTHER INFORMATION CONTACT:
Environmental Impact Statement for the Lake
comments for analysis and possible Captain Robyn Anderson, Charles Liquefaction Project, Docket Nos. CP14–
integration into future GPS public robyn.anderson.1@us.af.mil, (310) 653– Continued

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Document Created: 2016-08-05 06:43:36
Document Modified: 2016-08-05 06:43:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Availability.
Dates		The guidance is effective August 5, 2016.
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.
FR Citation		81 FR 51866