Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the EPA on “Updates to Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects of EPA Actions”.
According to the Spring 2025 Unified Agenda entry for this rulemaking:
“On February 19,
2025, the Council on Environmental Quality (CEQ) issued guidance through a
memorandum for heads of Federal departments and agencies on the implementation
of the National Environmental Policy Act (NEPA). The guidance, consistent with
Executive Order (E.O.) 14154, Unleashing American Energy, 90
Fed. Reg. 8353 [link added] (Jan. 29, 2025), requires agencies to update
their implementing NEPA regulations to expedite permitting approvals and for
consistency with NEPA as amended by the Fiscal Responsibility Act of 2023
(Public Law 118-5), including the deadlines established in NEPA. In accordance
with CEQ’s guidance, agencies are required to complete the revision of their
procedures no later than 12 months after the date of this CEQ memorandum. This
proposal is for the EPA to update the implementing NEPA regulations to be consistent
with the text of NEPA, E.O. 14154, and CEQ’s guidance. Examples of EPA actions
subject to NEPA include the award of wastewater treatment construction grants
under Title II of the Clean Water Act, EPA’s issuance of new source National
Pollutant Discharge Elimination System (NPDES) permits under section 402 of the
Clean Water Act, and certain research and development.”
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