83 FR 28591 - Update to the Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act

COUNCIL ON ENVIRONMENTAL QUALITY

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range		28591-28592
FR Document		2018-13246

The Council on Environmental Quality (CEQ) is considering updating its implementing regulations for the procedural provisions of the National Environmental Policy Act (NEPA). Over the past four decades, CEQ has issued numerous guidance documents but has amended its regulations substantively only once. Given the length of time since its NEPA implementing regulations were issued, CEQ solicits public comment on potential revisions to update the regulations and ensure a more efficient, timely, and effective NEPA process consistent with the national environmental policy stated in NEPA.

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)

[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28591-28592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13246]


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COUNCIL ON ENVIRONMENTAL QUALITY

40 CFR Parts 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, and 
1508

[Docket No. CEQ-2018-0001]
RIN: 0331-AA03


Update to the Regulations for Implementing the Procedural 
Provisions of the National Environmental Policy Act

AGENCY: Council on Environmental Quality (CEQ).

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Council on Environmental Quality (CEQ) is considering 
updating its implementing regulations for the procedural provisions of 
the National Environmental Policy Act (NEPA). Over the past four 
decades, CEQ has issued numerous guidance documents but has amended its 
regulations substantively only once. Given the length of time since its 
NEPA implementing regulations were issued, CEQ solicits public comment 
on potential revisions to update the regulations and ensure a more 
efficient, timely, and effective NEPA process consistent with the 
national environmental policy stated in NEPA.

DATES: Comments should be submitted on or before July 20, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number CEQ-2018-0001 through the Federal eRulemaking portal at 
https://www.regulations.gov. Follow the online instructions for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Edward A. Boling, Associate Director 
for the National Environmental Policy Act, Council on Environmental 
Quality, 730 Jackson Place NW, Washington, DC 20503. Telephone: (202) 
395-5750.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et 
seq., was enacted in 1970. NEPA states that ``it is the continuing 
policy of the Federal Government, in cooperation with State and local 
governments, and other concerned public and private organizations, to 
use all practicable means and measures, including financial and 
technical assistance, in a manner calculated to foster and promote the 
general welfare, to create and maintain conditions under which man and 
nature can exist in productive harmony, and fulfill the social, 
economic, and other requirements of present and future generations of 
Americans.'' 42 U.S.C. 4331(a). NEPA also established CEQ as an agency 
within the Executive Office of the President. 42 U.S.C. 4342.
    By Executive Order (E.O.) 11514, ``Protection and Enhancement of 
Environmental Quality'' (March 5, 1970), President Nixon directed CEQ 
in Section 3(h) to issue ``guidelines to Federal agencies for the 
preparation of detailed statements on proposals for legislation and 
other Federal actions affecting the environment, as required by section 
102(2)(C) of the Act.'' CEQ published these guidelines in April of 1970 
and revised them in 1973.
    President Carter issued E.O. 11991 (May 24, 1977), ``Relating to 
Protection and Enhancement of Environmental Quality,'' which amended 
Section 3(h) of E.O. 11514 to direct CEQ to issue regulations providing 
uniform standards for the implementation of NEPA, and amended Section 2 
of E.O. 11514 to require agency compliance with the CEQ regulations. 
CEQ promulgated its ``Regulations for Implementing the Procedural 
Provisions of the National Environmental Policy Act'' (CEQ's NEPA 
regulations) at 40 CFR parts 1500-1508. 43 FR 55978 (November 29, 
1978). Since that time, CEQ has amended its NEPA regulations 
substantively only once, to eliminate the ``worst case'' analysis 
requirement of 40 CFR 1502.22. 51 FR 15618 (April 25, 1986).
    On August 15, 2017, President Trump issued E.O. 13807, 
``Establishing Discipline and Accountability in the Environmental 
Review and Permitting Process for Infrastructure Projects.'' 82 FR 
40463 (August 24, 2017). Section 5(e) of E.O. 13807 directed CEQ to 
develop an initial list of actions to enhance and modernize the Federal 
environmental review and authorization process. In response, CEQ 
published its initial list of actions pursuant to E.O. 13807 and stated 
that it intends to review its existing NEPA regulations in order to 
identify changes needed to update and clarify these regulations. 82 FR 
43226 (September 14, 2017).

II. Request for Comment

    CEQ requests comments on potential revisions to update and clarify 
CEQ NEPA regulations. In particular, CEQ requests comments on the 
following specific aspects of these regulations, and requests that 
commenters include question numbers when providing responses. Where 
possible, please provide specific recommendations on additions, 
deletions, and modifications to the text of CEQ's NEPA regulations and 
their justifications.

NEPA Process

    1. Should CEQ's NEPA regulations be revised to ensure that 
environmental reviews and authorization decisions involving multiple 
agencies are conducted in a manner that is concurrent, synchronized, 
timely, and efficient, and if so, how?
    2. Should CEQ's NEPA regulations be revised to make the NEPA 
process more efficient by better facilitating agency use of 
environmental studies, analysis, and decisions conducted in earlier 
Federal, State, tribal or local environmental reviews or authorization 
decisions, and if so, how?
    3. Should CEQ's NEPA regulations be revised to ensure optimal 
interagency coordination of environmental reviews and authorization 
decisions, and if so, how?

Scope of NEPA Review

    4. Should the provisions in CEQ's NEPA regulations that relate to 
the format and page length of NEPA documents and time limits for 
completion be revised, and if so, how?
    5. Should CEQ's NEPA regulations be revised to provide greater 
clarity to ensure NEPA documents better focus on significant issues 
that are relevant and useful to decisionmakers and the public, and if 
so, how?
    6. Should the provisions in CEQ's NEPA regulations relating to 
public involvement be revised to be more inclusive and efficient, and 
if so, how?
    7. Should definitions of any key NEPA terms in CEQ's NEPA 
regulations, such as those listed below, be revised, and if so, how?
    a. Major Federal Action;
    b. Effects;
    c. Cumulative Impact;
    d. Significantly;
    e. Scope; and
    f. Other NEPA terms.
    8. Should any new definitions of key NEPA terms, such as those 
noted below, be added, and if so, which terms?

[[Page 28592]]

    a. Alternatives;
    b. Purpose and Need;
    c. Reasonably Foreseeable;
    d. Trivial Violation; and
    e. Other NEPA terms.
    9. Should the provisions in CEQ's NEPA regulations relating to any 
of the types of documents listed below be revised, and if so, how?
    a. Notice of Intent;
    b. Categorical Exclusions Documentation;
    c. Environmental Assessments;
    d. Findings of No Significant Impact;
    e. Environmental Impact Statements;
    f. Records of Decision; and
    g. Supplements.
    10. Should the provisions in CEQ's NEPA regulations relating to the 
timing of agency action be revised, and if so, how?
    11. Should the provisions in CEQ's NEPA regulations relating to 
agency responsibility and the preparation of NEPA documents by 
contractors and project applicants be revised, and if so, how?
    12. Should the provisions in CEQ's NEPA regulations relating to 
programmatic NEPA documents and tiering be revised, and if so, how?
    13. Should the provisions in CEQ's NEPA regulations relating to the 
appropriate range of alternatives in NEPA reviews and which 
alternatives may be eliminated from detailed analysis be revised, and 
if so, how?

General

    14. Are any provisions of the CEQ's NEPA regulations currently 
obsolete? If so, please provide specific recommendations on whether 
they should be modified, rescinded, or replaced.
    15. Which provisions of the CEQ's NEPA regulations can be updated 
to reflect new technologies that can be used to make the process more 
efficient?
    16. Are there additional ways CEQ's NEPA regulations should be 
revised to promote coordination of environmental review and 
authorization decisions, such as combining NEPA analysis and other 
decision documents, and if so, how?
    17. Are there additional ways CEQ's NEPA regulations should be 
revised to improve the efficiency and effectiveness of the 
implementation of NEPA, and if so, how?
    18. Are there ways in which the role of tribal governments in the 
NEPA process should be clarified in CEQ's NEPA regulations, and if so, 
how?
    19. Are there additional ways CEQ's NEPA regulations should be 
revised to ensure that agencies apply NEPA in a manner that reduces 
unnecessary burdens and delays as much as possible, and if so, how?
    20. Are there additional ways CEQ's NEPA regulations related to 
mitigation should be revised, and if so, how?

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

III. Statutory and Executive Order Reviews

    Under E.O. 12866, ``Regulatory Planning and Review,'' 58 FR 51735 
(October 4, 1993), this is a ``significant regulatory action.'' 
Accordingly, CEQ submitted this action to the Office of Management and 
Budget (OMB) for review under E.O. 12866 and any changes made in 
response to OMB recommendations have been documented in the docket for 
this action. Because this action does not propose or impose any 
requirements, and instead seeks comments and suggestions for CEQ to 
consider in possibly developing a subsequent proposed rule, the various 
statutes and executive orders that normally apply to rulemaking do not 
apply in this case. If CEQ decides in the future to pursue a 
rulemaking, CEQ will address the statutes and executive orders 
applicable to that rulemaking at that time.

Mary B. Neumayr,
Chief of Staff, Council on Environmental Quality.
[FR Doc. 2018-13246 Filed 6-19-18; 8:45 am]
BILLING CODE 3225-F8-P

28592 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules

a. Alternatives; burdens and delays as much as possible, GSA’s regulations under the Freedom of
b. Purpose and Need; and if so, how? Information Act (FOIA) to incorporate
c. Reasonably Foreseeable; 20. Are there additional ways CEQ’s certain changes made to the FOIA by the
d. Trivial Violation; and NEPA regulations related to mitigation FOIA Improvement Act of 2016.
e. Other NEPA terms. should be revised, and if so, how? Additionally, the regulations are being
9. Should the provisions in CEQ’s (Authority: 42 U.S.C. 4332, 4342, 4344 and updated to reflect developments in case
NEPA regulations relating to any of the 40 CFR parts 1500, 1501, 1502, 1503, 1505, law, executive guidance from the
types of documents listed below be 1506, 1507, and 1508) Department of Justice—Office of
revised, and if so, how? Information Policy, technological
a. Notice of Intent; III. Statutory and Executive Order advancements in how the FOIA is
b. Categorical Exclusions Reviews administered, and to include current
Documentation; Under E.O. 12866, ‘‘Regulatory cost figures to be used in calculating
c. Environmental Assessments; Planning and Review,’’ 58 FR 51735 and charging fees. Finally, the revisions
d. Findings of No Significant Impact; (October 4, 1993), this is a ‘‘significant increase the amount of information that
e. Environmental Impact Statements; regulatory action.’’ Accordingly, CEQ members of the public may receive from
f. Records of Decision; and submitted this action to the Office of the Agency without being charged
g. Supplements. Management and Budget (OMB) for processing fees through proactive
10. Should the provisions in CEQ’s review under E.O. 12866 and any disclosures.
NEPA regulations relating to the timing changes made in response to OMB DATES: Interested parties should submit
of agency action be revised, and if so, recommendations have been
how? written comments to the Regulatory
documented in the docket for this Secretariat Division at one of the
11. Should the provisions in CEQ’s action. Because this action does not
NEPA regulations relating to agency addresses shown below on or before
propose or impose any requirements, August 20, 2018 to be considered in the
responsibility and the preparation of and instead seeks comments and
NEPA documents by contractors and formation of the final rule.
suggestions for CEQ to consider in
project applicants be revised, and if so, ADDRESSES: Submit comments in
possibly developing a subsequent
how? response to GSPMR case 2016–105–1 by
proposed rule, the various statutes and
12. Should the provisions in CEQ’s any of the following methods:
executive orders that normally apply to • Regulations.gov: http://
NEPA regulations relating to rulemaking do not apply in this case. If
programmatic NEPA documents and www.regulations.gov. Submit comments
CEQ decides in the future to pursue a via the Federal eRulemaking portal by
tiering be revised, and if so, how? rulemaking, CEQ will address the
13. Should the provisions in CEQ’s searching for ‘‘GSPMR Case 2016–105–
statutes and executive orders applicable 1’’. Select the link ‘‘Comment Now’’ that
NEPA regulations relating to the to that rulemaking at that time.
appropriate range of alternatives in corresponds with ‘‘GPSMR Case 2016–
NEPA reviews and which alternatives Mary B. Neumayr, 105–1.’’ Follow the instructions
may be eliminated from detailed Chief of Staff, Council on Environmental provided on the screen. Please include
analysis be revised, and if so, how? Quality. your name, company name (if any), and
[FR Doc. 2018–13246 Filed 6–19–18; 8:45 am] ‘‘GSPMR Case 2016–105–1’’ on your
General attached document.
BILLING CODE 3225–F8–P
14. Are any provisions of the CEQ’s • Mail: General Services
NEPA regulations currently obsolete? If Administration, Regulatory Secretariat
so, please provide specific GENERAL SERVICES Division (MVCB), ATTN: Ms. Lois
recommendations on whether they ADMINISTRATION Mandell, 1800 F Street NW, 2nd Floor,
should be modified, rescinded, or Washington, DC 20405.
replaced. 41 CFR Part 105–60 Instructions: Please submit comments
15. Which provisions of the CEQ’s only and cite GSPMR Case 2016–105–1,
[GSPMR Case 2016–105–1; Docket No. in all correspondence related to this
NEPA regulations can be updated to 2016–0004, Sequence No. 1]
reflect new technologies that can be case. All comments received will be
used to make the process more efficient? RIN 3090–AJ74 posted without change to http://
16. Are there additional ways CEQ’s www.regulations.gov, including any
NEPA regulations should be revised to Public Availability of Agency Records personal and/or business confidential
promote coordination of environmental and Informational Materials information provided. To confirm
review and authorization decisions, AGENCY: Office of Administrative receipt of your comment(s), please
such as combining NEPA analysis and Services (OAS), General Services check www.regulations.gov,
other decision documents, and if so, Administration (GSA). approximately two to three days after
how? submission to verify posting (except
ACTION: Proposed rule.
17. Are there additional ways CEQ’s allow 30 days for posting of comments
NEPA regulations should be revised to SUMMARY: The General Services submitted by mail).
improve the efficiency and effectiveness Administration (GSA) is issuing a FOR FURTHER INFORMATION CONTACT: Mr.
of the implementation of NEPA, and if proposed rule to amend its regulations Travis S. Lewis, Director of GSA, OAS,
so, how? implementing the Freedom of Freedom of Information Act and
sradovich on DSK3GMQ082PROD with PROPOSALS

18. Are there ways in which the role Information Act (FOIA). The regulations Records Management Division, at 202–
of tribal governments in the NEPA are being revised to update and 219–3078 via email at travis.lewis@
process should be clarified in CEQ’s streamline the language of several gsa.gov for clarification of content. For
NEPA regulations, and if so, how? procedural provisions and to information pertaining to status or
19. Are there additional ways CEQ’s incorporate certain changes brought publication schedules, contact the
NEPA regulations should be revised to about by the amendments to the FOIA Regulatory Secretariat Division at 202–
ensure that agencies apply NEPA in a under both statutory and nonstatutory 501–4755. Please cite GSPMR Case
manner that reduces unnecessary authorities. This rule also amends the 2016–105–1.

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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		Proposed Rules
Action		Advance notice of proposed rulemaking.
Dates		Comments should be submitted on or before July 20, 2018.
Contact		Edward A. Boling, Associate Director for the National Environmental Policy Act, Council on Environmental Quality, 730 Jackson Place NW, Washington, DC 20503. Telephone: (202) 395-5750.
FR Citation		83 FR 28591
CFR Citation		40 CFR 1500 40 CFR 1501 40 CFR 1502 40 CFR 1503 40 CFR 1504 40 CFR 1505 40 CFR 1506 40 CFR 1507 40 CFR 1508