VDOT Assessment of The Council of Environmental Quality National Environmental Policy Act Rulemaking

Earlier this spring the White House’s Council on Environmental Quality (CEQ) issued the Phase 2 Notice of Final Rulemaking (NOFR) along with revisions to regulations on implementing the procedural provisions of the National Environmental Policy Act (NEPA).

The regulations went into effect on 7/1/24 and the FHWA has one year to update its NEPA regulations in response.  Although questions about the new regulation remain to be answered VDOT has issued a memorandum outlining their current understanding of the potential impacts to transportation projects. 

The VDOT memorandum is available at VDOT NEPA Programs Memorandum on the CEQ Phase 2 Notice of Final Rulemaking (virginia.gov).  While VDOT does not expect sweeping changes for most existing projects, they do highlight three updates.  First, the NOFR reaffirms the 75-page limit and 1-year time frame for Environmental Assessments (EAs), as well as a 2-year time frame for Environmental Impactive Statements (EIS). Second, it affirms the need to consider environmental justice (EJ) impacts when developing projects.  And finally, the NOFR instructs agencies to use NEPA to identify and assess alternatives that will reduce climate change-related effects.