Regulatory Alert: White House Proposes Comprehensive Rewrite of NEPA Regulations
The White House's Council on Environmental Quality (CEQ) today released a proposed rule that would comprehensively rewrite the National Environmental Policy Act (NEPA) regulations with the aim of speeding up infrastructure project reviews. The 194-page notice of proposed rulemaking (NPRM), "Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act," will be published in the Federal Register tomorrow, starting a 60-day comment period. President Trump appeared at the White House today to discuss the proposal, but the press event was quickly overtaken by discussion of Iran and other current events.
Background. The Trump Administration has made regulatory reform a significant priority, particularly streamlining the environmental review process for major infrastructure projects. In August 2018, AAAE submitted comments to CEQ in response to an advance NPRM which solicited stakeholder input on how to modernize the NEPA review process. AAAE urged CEQ to introduce more accountability, time limits, and transparency into the process to ensure airports and the public can properly measure the performance of reviewing agencies. AAAE also recommended eliminating unnecessary administrative actions and processes which lead to delays and do not further the original purpose of NEPA, that is, to minimize adverse impacts to the environment. You can review AAAE's recommendations here.
Proposed Rule Highlights. The Trump Administration said in a fact sheet that the goal of the proposed NEPA modifications is "so that infrastructure can be built in a timely, efficient, and affordable manner." Among other things, CEQ's proposed rule would:
- Establish presumptive time limits of 2 years for completion of environmental impact statements and 1 year for completion of environmental assessments (subject to extension from a senior agency official);
- Specify page limits, promote information sharing and public outreach through modern technology, and better define environmental effects and other key terms;
- Provide greater clarity and direction on whether NEPA applies to a particular action;
- Clarify that "major federal action" does not include non-discretionary decisions and non-federal projects (those with minimal federal funding or involvement);
- Allow contractors to assume a greater role in preparing environmental impact statements under appropriate agency supervision; and
- Allow federal agencies to establish procedures for adopting another agency's categorical exclusions to increase efficiency.
CEQ Public Hearings. As part of the rulemaking process, CEQ will be holding public hearings to facilitate discussion with stakeholders on the proposed rule. The first hearing is scheduled for February 11, 2020, in Denver, Colorado, and the second hearing is scheduled for February 25, 2020, in Washington, D.C. Additional details about the meetings are included in the proposed rule.
Next Steps: Comments. AAAE will be engaging with members through its Environmental Services Committee to develop comments in response to the proposed rule, which must be provided to CEQ on or before March 10, 2020. AAAE will soon be circulating a survey for members to offer their input and perspectives and hosting a conference call with members to discuss the proposed rule. If you would like to get involved or provide feedback, please contact Justin Barkowski at justin.barkowski@aaae.org.
Related Documents.
