This page documents the rulemaking process that the U.S. Department of Energy (DOE) is undertaking to remove most of the DOE regulations that contain its procedures implementing the National Environmental Policy Act (NEPA) from the Code of Federal Regulations. DOE is revising 10 CFR part 1021 to contain only administrative and routine actions excepted from NEPA review in appendix A, its existing categorical exclusions in appendix B, related requirements, and a provision for emergency circumstances.
DOE has prepared new procedures for NEPA implementation, published outside of the Code of Federal Regulations. These new procedures are based on amendments to NEPA made by the Fiscal Responsibility Act in 2023, Executive Orders 14154 and 14301, the rescission by the Council on Environmental Quality (CEQ) of its NEPA implementing regulations, and the recent Supreme Court ruling in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado.
Interim Final Rule
- Notice of Interim Final Rule. DOE will update the PDF document at this link to the published version from the Federal Register, once it is available.
- DOE will consider comments on this rulemaking received on or before the comment period closing date specified in the Federal Register. To submit comments, follow the instructions provided in the Federal Register.
For additional information on DOE NEPA rulemaking: