[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Page 10252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03355]
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COUNCIL ON ENVIRONMENTAL QUALITY
National Environmental Policy Act Guidance on Consideration of
Greenhouse Gas Emissions
AGENCY: Council on Environmental Quality (CEQ).
ACTION: Notice of rescission of draft guidance.
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SUMMARY: The Council on Environmental Quality (CEQ) is rescinding its
``Draft National Environmental Policy Act Guidance on Consideration of
Greenhouse Gas Emissions'' consistent with Executive Order (E.O.)
13990, ``Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis.''
FOR FURTHER INFORMATION CONTACT: Jomar Maldonado, Associate Director
for the National Environmental Policy Act, 730 Jackson Place NW,
Washington, DC 20503, [email protected] or (202) 395-
5750.
SUPPLEMENTARY INFORMATION: The National Environmental Policy Act of
1969 (NEPA), 42 U.S.C. 4321 et seq., sets forth a national
environmental policy to harmonize environmental, economic, and social
goals, and is a cornerstone of the Nation's efforts to protect the
environment. See 42 U.S.C. 4321, 4331. NEPA also created the Council on
Environmental Quality (CEQ), 42 U.S.C. 4342, which oversees its
implementation. NEPA requires Federal agencies to consider the
environmental effects of its proposed actions and involve the public in
its decision-making processes. CEQ's NEPA implementing regulations at
40 CFR parts 1500 through 1508 set forth the procedures for agencies to
comply with NEPA. Additionally, CEQ issues guidance to agencies on how
to fulfil NEPA's mandates. See 40 CFR 1506.7.
Many projects and programs proposed, funded, or approved by Federal
agencies have the potential to emit or sequester greenhouse gases
(GHGs), and may be affected by climate change. Federal courts
consistently have held that NEPA requires agencies to disclose and
consider climate impacts in their reviews. See, e.g., Ctr. for
Biological Diversity v. Nat'l Highway Traffic Safety Admin., 538 F.3d
1172 (9th Cir. 2008). On March 31, 2016, CEQ issued ``Final Guidance
for Federal Departments and Agencies on Consideration of Greenhouse Gas
Emissions and the Effects of Climate Change in National Environmental
Policy Act Reviews'' (2016 GHG Guidance) to help agencies with this
requirement. 81 FR 51866 (Aug. 5, 2016).
E.O. 13873, ``Promoting Energy Independence and Economic Growth,''
directed CEQ to withdraw this guidance. E.O. 13783, 82 FR 16093 (Mar.
31, 2017). CEQ withdrew the guidance on April 5, 2017. 82 FR 16576. CEQ
then proposed for public comment, but never finalized, ``Draft National
Environmental Policy Act Guidance on Consideration of Greenhouse Gas
Emissions'' (2019 Draft GHG Guidance). 84 FR 30097 (June 26, 2019), RIN
0331-ZA03.
On January 20, 2021, President Biden issued E.O. 13990,
``Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis,'' to establish a national policy ``to
empower our workers and communities; promote and protect our public
health and the environment; and conserve our national treasures and
monuments, places that secure our national memory.'' 86 FR 7037 (Jan.
25, 2021). Section 7(e) directs CEQ to rescind the 2019 Draft GHG
Guidance and review, revise, and update its 2016 GHG Guidance. In
accordance with this E.O., CEQ is rescinding the 2019 Draft GHG
Guidance. The withdrawal of this guidance does not change any law,
regulation, or other legally binding requirement. CEQ will address in a
separate notice its review of and any appropriate revisions and updates
to the 2016 GHG Guidance. In the interim, agencies should consider all
available tools and resources in assessing GHG emissions and climate
change effects of their proposed actions, including, as appropriate and
relevant, the 2016 GHG Guidance. For more information on NEPA and
Federal agency compliance with NEPA, please see nepa.gov.
Jomar Maldonado,
Associate Director for the National Environmental Policy Act.
[FR Doc. 2021-03355 Filed 2-18-21; 8:45 am]
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