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 comprehensively updated its NEPA regulations for the first time in over 40 years. The updated regulations incorporate elements of the One Federal Decision policy, codify certain case law and CEQ guidance, revise the regulations to reflect current technologies and agency practices, eliminate obsolete provisions, and improve the format and readability of the regulations.

• NEPA Implementing Regulations Desk Reference (2020)

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, Executive Order 115114, and Executive Order 13807.

Updated NEPA Implementing Regulations:

• Federal Register Notice of Final Rule (July 16, 2020)
• Previous version: 40 CFR Parts 1500 - 1508 (1978, as amended in 1986 and 2005)
• Redline of Revisions (tracked changes)
• Proposed and Final Rule Redlines of 1978 CEQ Regulations
• Response to Comments
• Regulatory Impact Analysis
• Memorandum for Heads of Federal Departments and Agencies: Implementation of Updated NEPA Regulations (July 16, 2020)
• Presentation: Final Rule: Update to the Regulations Implementing the Procedural Provisions of NEPA

For more information, see https://www.whitehouse.gov/ceq/nepa-modernization/.

Rulemaking Process:

On June 20, 2018, CEQ issued an Advance Notice of Proposed Rulemaking to solicit recommendations on potential revisions. Public comments are available at https://www.regulations.gov/docket?D=CEQ-2018-0001.

On January 10, 2020, CEQ issued a Notice of Proposed Rulemaking for public comment through March 10, 2020, and conducted public hearings in Denver, Colorado, on February 11 and in Washington DC on February 25. Public comments are available at https://www.regulations.gov/docket?D=CEQ-2019-0003.

• Notice of Proposed Rulemaking
• Redline of Proposed Revisions
• Fact Sheet: CEQ’s Proposal to Modernize its NEPA Implementing Regulations
• Presentation: CEQ Summary of Proposed Update to NEPA Regulations

History of Rulemaking Notices:

• April 1971: Original guidelines
• May 1973: Proposed revisions to guidelines
• August 1973: Revisions to guidelines
• June 1978: Proposed regulations
• November 1978: Final regulations
• August 1985: Proposed amendment to § 1502.22
• April 1986: Final amendment to § 1502.22
• July 2005: Final amendment to § 1506.9
• June 2018: Advance notice of proposed rulemaking
• July 2018: Extension of comment period
• January 2020: Notice of proposed rulemaking
• July 2020: Final rule