CEQ NEPA Regulations

NEPA charges CEQ with overseeing and guiding NEPA implementation across the Federal Government, which includes developing procedures. CEQ initially issued interim guidelines in April 1970 and revised the guidelines in 1971 and 1973. CEQ promulgated its NEPA regulations in 1978, with typographical amendments in 1979 and amendments to one provision in 1986. These regulations were in place for over 40 years until they were revised in July 2020. CEQ is now engaged in a comprehensive review of its regulations, consistent with E.O. 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, (January 20, 2021).

On April 20, 2022, CEQ issued the Phase 1 Final Rule, which finalized a narrow set of changes to generally restore regulatory provisions that were in effect for decades before the 2020 rule modified them for the first time.

On July 28, 2023, CEQ announced a Phase 2 Notice of Proposed Rulemaking—the “Bipartisan Permitting Reform Implementation Rule”—to revise its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA), including to implement the amendments to NEPA by the Fiscal Responsibility Act of 2023. CEQ invites comments on the proposed rule until September 29, 2023.

PUBLIC MEETINGS

CEQ will hold four virtual public meetings to provide a brief overview of the proposed rule and allow members of the public to provide verbal comments. Registration is required to attend the virtual session. To provide verbal comments during a session, members of the public must request a speaker slot at the time of registration. CEQ anticipates that speaker slots will be approximately three minutes each.

Public Meeting #1: Saturday, August 26, from 1:00-4:00 p.m. EDT

• Register for Public Meeting #1

Public Meeting #2: Wednesday, August 30, 2023, from 5 p.m. to 8 p.m. EDT

• Register for Public Meeting #2

Public Meeting #3: Monday, September 11, 2023, from 1 p.m. to 4 p.m. EDT

• Register for Public Meeting #3

Public Meeting #4: Thursday, September 21, 2023, from 2 p.m. to 5 p.m. EDT

• Register for Public Meeting #4

CEQ NEPA RULEMAKINGS

• Phase 2: Rulemaking
  • Notice of Proposed Rulemaking
  • Docket
  • Redline Comparing Current Regulations to Proposed Rule
  • Special Environmental Assessment
  • Regulatory Impact Analysis
  • Proposed Rule Overview – Presentation Slides
• CEQ Regulatory Agenda

PAST NEPA RULEMAKING

• April 2022: Final Regulations
• October 2021: Notice of Proposed Rulemaking
• June 2021: Extension of Deadline for Agencies to Proposed Updates to NEPA Procedures
• July 2020, withdrawn 2021: Memorandum for Heads of Federal Departments and Agencies: Implementation of Updated NEPA Regulations
• July 2020: Final Regulations
• July 2020: Proposed and Final Rule Redlines of 1978 CEQ Regulations
• January 2020: Notice of proposed rulemaking
• July 2018: Extension of comment period
• June 2018: Advance notice of proposed rulemaking
• July 2005: Final amendment to § 1506.9
• April 1986: Final amendment to § 1502.22
• August 1985: Proposed amendment to § 1502.22
• November 1978: Final regulations
• June 1978: Proposed regulations
• August 1973: Revisions to guidelines
• May 1973: Proposed revisions to guidelines
• April 1971: Original guidelines