Summary: On February 18, 2010, the White House Council on Environmental Quality (CEQ) proposed four steps to modernize and reinvigorate the National Environmental Policy Act (NEPA), in conjunction with its 40th Anniversary.  These measures will assist Federal agencies to meet the goals of NEPA, enhance the quality of public involvement in governmental decisions relating to the environment, increase transparency and ease implementation.

To modernize NEPA, CEQ has issued draft guidance for public comment on: when and how Federal agencies must consider greenhouse gas emissions and climate change in their proposed actions; clarifying appropriateness of “Findings of No Significant Impact” and specifying when there is a need to monitor environmental mitigation commitments; clarifying use of categorical exclusions; and enhanced public tools for reporting on NEPA activities.

Draft Guidance on the Consideration of Greenhouse Gases

CEQ is releasing draft guidance for public comment on when and how Federal agencies must consider greenhouse gas emissions and climate change in their proposed actions.   CEQ has been asked to provide guidance on this subject informally by Federal agencies and formally by a petition under the Administrative Procedure Act.  The draft guidance explains how Federal agencies should analyze the environmental impacts of greenhouse gas emissions and climate change when they describe the environmental impacts of a proposed action under NEPA.  It provides practical tools for agency reporting, including a presumptive threshold of 25,000 metric tons of carbon dioxide equivalent emissions from the proposed action to trigger a quantitative analysis, and instructs agencies how to assess the effects of climate change on the proposed action and their design.  The draft guidance does not apply to land and resource management actions and does not propose to regulate greenhouse gases.  CEQ is receiving public comment on this guidance for 90 days.

• Read the Draft Guidance on the Consideration of Greenhouse Gases
• Submit your comment on the Draft Guidance

Draft Guidance Clarifying Appropriateness of “Findings of No Significant Impact” and Specifying When There is a Need to Monitor Environmental Mitigation Commitments

Many Federal actions receive an environmental review, known as an Environmental Assessment.  In those instances, NEPA compliance is usually completed with a “Finding of No Significant Impact” (FONSI) on the environment, thus a more detailed Environmental Impact Statement is not required.  The draft guidance clarifies that the environmental impacts of a proposed action may be mitigated to the point when the agency may make a FONSI determination.  When the FONSI depends on successful mitigation, however, such mitigation requirements should be made public and be accompanied by monitoring and reporting.  The draft guidance also applies to monitoring and reporting of mitigation commitments agencies make in an EIS and Record of Decision.  CEQ has released this draft guidance for 90 days of public comment.

• Read the Draft Guidance Clarifying Appropriateness of “Findings of No Significant Impact” and Specifying When There is a Need to Monitor Environmental Mitigation Commitments
• Submit your comment on the Draft Guidance

Revised Draft Guidance Clarifying Use of Categorical Exclusions

Many Federal actions do not have significant effects on the environment.  When these actions fall into broad categories of activities, agencies may apply a “categorical exclusion” from further NEPA review.  This draft guidance clarifies the rules for categorical exclusions and ensures that there is a concise public record when agencies apply them.  While CEQ previously has sought public comments on this matter, this guidance provides additional clarifications, so we are seeking additional public comment for 45 days.

• Read the Draft Guidance Clarifying Use of Categorical Exclusions
• Submit your comment on the Draft Guidance

Source: February 18, 2010 White House Release

Prepared by: This message was distributed by Kellen Mahoney, who may be reached at e-mail: kmahoney@eetnews.com