[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68372-68374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23873]
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NUCLEAR REGULATORY COMMISSION
[NRC-2020-0051]
Environmental Considerations Associated With Micro-Reactors
AGENCY: Nuclear Regulatory Commission.
ACTION: Interim staff guidance; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Interim Staff Guidance (ISG), ``Micro-Reactor License Application COL-
ISG-029, `Environmental Considerations Associated with Micro-Reactors.'
'' The purpose of this ISG is to modify existing guidance and provide
supplemental guidance to assist the NRC staff in determining the scope
and scale of environmental reviews of micro-reactor applications.
DATES: This guidance is effective on November 27, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0051 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0051. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The documents entitled, ``Micro-
Reactor License Application COL-ISG-029, `Environmental
[[Page 68373]]
Considerations Associated with Micro-Reactors,' '' and ``Resolution of
Public Comments on Draft COL-ISG-029,'' are available in ADAMS Package
Accession No. ML20252A075.
Attention: The PDR, where you may examine and order copies
of public documents is currently closed. You may submit your request to
the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jack Cushing, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1424, email:
[email protected] and Mallecia Sutton, Office of Nuclear Reactor
Regulation, telephone: 301-415-0673, email: [email protected].
Both are staff of the U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On February 26, 2020 the U.S. Nuclear Regulatory Commission (NRC)
issued a Federal Register notice (85 FR 11127) soliciting public
comment on its draft Interim Staff Guidance (ISG), ``Micro-Reactor
License Application COL-ISG-029, `Environmental Considerations
Associated with Micro-Reactors.' '' The NRC responded to the comments
and revised the draft ISG as appropriate and is issuing it as a final
ISG. The NRC staff is preparing for the environmental reviews of
prospective design, license, and permit applications for advanced
nuclear power reactors (advanced reactors), including micro-reactors.
The guidance in the ISG highlights unique considerations for micro-
reactors in each resource area typically covered in the staff's
environmental review. The ISG also offers guidance on identifying
considerations and approaches to simplify and shorten the environmental
reviews for micro-reactors relative to the environmental reviews that
the NRC has previously performed for other nuclear facilities, such as
large light-water reactors (LWRs). The ISG outlines what the NRC staff
considers to be an appropriate scope and level of detail for the
specific aspects of an environmental review needed for a micro-reactor
licensing action. A micro-reactor may have some, but not necessarily
all, of the following characteristics:
Occupies only a small area of land and/or disturbs only
previously disturbed lands.
Uses zero or only small quantities of resources, such as
water or fuel.
Releases zero or only small quantities of emissions to the
environment.
Avoids environmentally sensitive areas such as wetlands
and floodplains.
Avoids areas with cultural, historic, or environmental
justice significance.
Avoids habitat for threatened or endangered species.
Uses mitigation to reduce impacts.
Involves only low levels of employment for both
construction and operation.
Uses simpler designs than those for large LWRs, with
limited interfaces with the exterior environment.
While the ISG is designed to aid the NRC staff in developing a
micro-reactor environmental impact statement, the staff recognizes the
value of the guidance as a supplemental source of insight into the
NRC's environmental review process that can inform the development of
an applicant's environmental report. Applicants should scale their
level of effort appropriately when preparing Environmental Reports,
commensurate with the significance of the impact on the resource area
being addressed.
The scope of this ISG is limited to environmental review
considerations specific to micro-reactors, such as the following:
Preapplication interactions
purpose and need for the proposed project
size of the proposed project and resources used
mitigation
land use
water resources
terrestrial ecology
aquatic ecology
socioeconomics and environmental justice
historic and cultural resources
need for power and alternatives
meteorology and air quality
nonradiological health
radiological health
postulated accidents
severe accident mitigation alternatives
acts of terrorism
fuel cycle impacts, transportation of fuel and waste, and
continued storage of spent fuel
cumulative impact analysis
consistency with safety licensing documents
incorporation by reference
The NRC staff will continue to look for other opportunities to
effectively streamline environmental reviews and work with prospective
applicants to identify opportunities to streamline ERs while still
meeting the NRC's regulations.
II. Backfitting, Issue Finality, and Forward Fitting Discussion
The guidance in this final ISG-029 clarifies how the NRC will
approach environmental reviews for a micro-reactor application for
combined license, early site permit, construction permit, operating
license and/or limited work authorization. Issuance of this final ISG
would not constitute backfitting as defined in section 50.109 of title
10 of the Code of Federal Regulations (10 CFR) (the Backfit Rule) and
as described in NRC Management Directive 8.4, ``Management of
Backfitting, Forward Fitting, Issue Finality, and Information
Requests;'' would not affect the issue finality of an approval under 10
CFR part 52; and would not constitute forward fitting as that term is
defined and described in Management Directive 8.4. The staff's position
is based upon the following considerations:
1. The final ISG positions, would not constitute backfitting or
forward fitting or affect issue finality, inasmuch as the ISG would be
internal guidance to NRC staff.
The ISG provides interim guidance to the staff on how to review an
application for NRC regulatory approval in the form of licensing.
Changes in internal staff guidance, without further NRC action, are not
matters that meet the definition of backfitting or forward fitting or
affect the issue finality of a part 52 approval.
2. Current or future applicants are not, with limited exceptions
not applicable here, within the scope of the backfitting and issue
finality regulations and forward fitting policy.
Applicants are not, with certain exceptions, covered by either the
Backfit Rule or any issue finality provisions under 10 CFR part 52.
This is because neither the Backfit Rule nor the issue finality
provisions under 10 CFR part 52--with certain exclusions discussed
below--were intended to apply to every NRC action which substantially
changes the expectations of current and future applicants.
The exceptions to the general principle are applicable whenever an
applicant references a 10 CFR part 52 license (e.g., an early site
permit) and/or NRC regulatory approval (e.g., a design certification
rule) with specified issue finality provisions or a construction permit
under 10 CFR part 50. The staff does not, at this time, intend to
impose the positions represented in the ISG section (if finalized) in a
manner that would constitute backfitting or affect the issue finality
of a part 52 approval. If, in the
[[Page 68374]]
future, the staff seeks to impose a position in a manner that
constitutes backfitting or does not provide issue finality as described
in the applicable issue finality provision, then the staff would need
to address the Backfit Rule or the criteria for avoiding issue finality
as described in the applicable issue finality provision.
The Commission's forward fitting policy generally does not apply
when an applicant files an initial licensing action for a new facility.
Nevertheless, the staff does not, at this time, intend to impose the
positions represented in the final ISG section in a manner that would
constitute forward fitting.
III. Congressional Review Act
This interim staff guidance is a rule as defined in the
Congressional Review Act (5 U.S.C. 801-808). However, the Office of
Management and Budget has not found it to be a major rule as defined in
the Congressional Review Act.
Dated: October 23, 2020.
For the Nuclear Regulatory Commission.
Kenneth T. Erwin,
Chief, Environmental Review New Reactor Branch, Division of Rulemaking,
Environmental, and Financial Support, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2020-23873 Filed 10-27-20; 8:45 am]
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