This page documents the rulemaking process that the U.S. Department of Energy (DOE) has undertaken 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 has revised 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 (90 FR 29676; July 3, 2025)
- DOE will consider comments on this rulemaking received on or before August 4, 2025. To submit comments using the regulations.gov website, click on this link: Docket DOE-HQ-2025-0026.
For additional information on DOE NEPA rulemaking: