EPA proposes NEPA overhaul; comments due July 27

EPA has proposed updating its National Environmental Policy Act procedures in 40 CFR part 6. The agency says the changes would make environmental reviews faster, clearer, and more predictable if they are finalized. EPA announced the proposal on June 24, and the proposal was published in the Federal Register on June 25. Public comments are due by July 27, 2026.

What the proposal would change

The proposed rule would give EPA more flexibility on when to publish and request comments on draft environmental assessments, findings of no significant impact, and environmental impact statements. It would also loosen scoping timing, including allowing scoping to begin before a notice of intent is published, and would remove a 15-day notice requirement for optional scoping meetings. EPA also wants a faster process for adding, amending, or adopting categorical exclusions from other agencies.

EPA says the update would align its procedures with recent statutory and court changes, including the Fiscal Responsibility Act and the Supreme Court’s Seven County decision, while keeping other environmental laws in place. The agency also says the revisions would improve clarity and consistency after the Council on Environmental Quality rescinded its NEPA regulations.

Why Section 309 matters

EPA’s Section 309 role is separate from its own project reviews. Under the Clean Air Act, EPA reviews draft environmental impact statements prepared by other federal agencies and makes those reviews public. EPA says those reviews focus on avoiding and mitigating significant environmental impacts and on whether an EIS includes enough information. That means the proposal could affect how EPA comments on roads, energy projects, water infrastructure, and other major federal actions.

What to watch next

This is still a proposal, not a final rule. The immediate deadline is July 27, when comments close. EPA can still revise the text before issuing any final version.

Sources

• Federal Register proposed rule text (public inspection)
• EPA: Section 309 review process overview
• E&E News report on EPA NEPA proposal