NASA’s NEPA Regulations

National Environmental Policy Act (NEPA) at NASA

Council on Environmental Quality (CEQ)

The White House Council on Environmental Quality (CEQ) was established by The National Environmental Policy Act of 1969. CEQ maintains the NEPA implementing regulations that have been in place since 1978 and applies to all Federal agencies.

• Congress updated the NEPA statute through the Fiscal Responsibility Act (FRA) of 2023. A summary of the changes are provided on the CEQ website.
• CEQ also updated their NEPA implementing regulations in two phases, Phase I in April 2022 and Phase II in May 2024. These can be found on the CEQ website along with new and emerging guidance on environmental justice, climate adaptation and green house gases. NEPA | National Environmental Policy Act – CEQ NEPA Implementing Procedures (doe.gov)

NASA NEPA Regulations and Policies 

NASA promulgated Agency-specific NEPA regulations in the 1980s and updated them in April 2024 to better support NASA’s mission, operations and unique infrastructure: 14 CFR 1216.3 – Procedures for Implementing the National Environmental Policy Act (NEPA). NASA’s NEPA Rule had previously been updated in 2012. In 2017, CEQ supported NASA’s need to update the rule, thereby initiating the agency’s review and update of its NEPA regulation. Since 2017, several CEQ and congressional actions occurred that affected the timeline and content of NASA’s NEPA Rule review and revisions.

• Federal Register (88 FR 27804) Notice of Proposed Rulemaking (NPRM) was published on May 3, 2023, to present its proposed changes to the NEPA Rule and solicit public comment. The notice summarizes the goal of the revisions, including:
  • Better align the rule with the agency’s current and near future actions. 
  • Adjust the level of NEPA review and documentation required for certain actions. 
  • Provide more concise descriptions of NASA actions. 
  • Update existing descriptions of actions normally requiring Environmental Assessments (EAs) and/or Environmental Impact Statements (EISs). 
  • Update existing Categorical Exclusions (CatExs) contained within 14 CFR § 1216.304. 
• Federal Register Notice of Final NASA NEPA Rule was published on April 11, 2024. The preamble of the Final NASA NEPA Rule includes NASA responses to the comments received. The FR notice directs readers to this website to access:
  • NASA Administrative Record (AR) for Categorical Exclusions: Summarizes the revisions to existing NASA CatExs and the rational for the addition of new NASA CatExs. CEQ approved this AR in 2021. The AR also lists the NASA Rule Working Group who contributed to the preparation of the AR and rule.
  • CEQ Letter of Conformity dated January 18, 2024.
• In addition to Agency NEPA regulations, NASA manages its NEPA Program in accordance with Agency policy: NPR 8580.1A – Implementing the National Environmental Policy Act and Executive Order 12114. NASA will be updating this NPR to conform with CEQ requirements in Phase I and Phase II of their implementing regulations.