CEQ NEPA Regulations

CEQ is responsible for developing procedures for Federal agency implementation of NEPA. These procedures were initially promulgated in 1971 as guidelines, and were then issued as regulations in 1978. In July 2020, CEQ made wholesale revisions to the NEPA regulations for the first time in more than 40 years. CEQ is now engaged in a comprehensive review of the 2020 rule pursuant to E.O. 13990 (January 20, 2021). In its regulatory agenda, CEQ announced a phased approach to amending the NEPA regulations.

CEQ issued an Interim Final Rule on June 29, 2021, which extended the deadline by two years (to September 14, 2023) for Federal agencies to develop or update their NEPA implementing procedures to conform to the CEQ regulations.

On April 20, 2022, CEQ issued the Phase 1 Final Rule. The rule finalizes 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. The final rule changes better align the NEPA regulations with CEQ and agency expertise, as well as NEPA’s statutory goals and purpose of promoting sound decisions informed by science.

CEQ NEPA RULEMAKINGS

• Current NEPA Implementing Regulations
  • Desk Reference (May 2022)
    

    This CEQ publication provides the text of 40 CFR parts 1500–1508, the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, Section 309 of the Clean Air Act, and Executive Order 11514.

• Phase 1: Final Rule (April 2022)
  • Federal Register Notice
  • Docket
• Phase 2: Rulemaking
  • Regulatory Agenda
• Interim Final Rule Extending Deadline for Revisions of Agency NEPA Procedures (June 2021)
  • Federal Register Notice
  • Docket
• 2020 Final Rule
  • Federal Register Notice
  • Docket
• CEQ Regulatory Agenda

PAST NEPA RULEMAKING

• 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• July 2020, withdrawn 2021: Memorandum for Heads of Federal Departments and Agencies: Implementation of Updated NEPA Regulations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