[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Proposed Rules]
[Pages 24514-24516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09675]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 51
[NRC-2018-0300]
RIN 3150-AK54
Categorical Exclusions From Environmental Review
AGENCY: Nuclear Regulatory Commission.
ACTION: Advance notice of proposed rulemaking; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing an
advance notice of proposed rulemaking to obtain input from stakeholders
on its plan to amend NRC regulations on categorical exclusions for
licensing, regulatory, and administrative actions that individually or
cumulatively do not have a significant effect on the human environment.
The NRC will consider public comments received on its potential changes
and on questions related to categorical exclusions to inform a
rulemaking that is planned for publication in fiscal year 2022. The NRC
will hold a public meeting during the comment period to facilitate
public participation.
DATES: Submit comments by July 21, 2021. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received before this
date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0300. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6244, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0300 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0300.
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].
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.
B. Submitting Comments
Please include Docket ID NRC-2018-0300 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Background
The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to undertake an assessment of the environmental
effects of their proposed actions prior to deciding whether to approve
or disapprove the proposed action. There are three types of NEPA
analyses: An environmental impact statement (EIS), an environmental
assessment (EA), or a categorical exclusion. An EA is a concise
document that provides sufficient evidence and analysis for determining
whether to prepare an EIS or make a finding of no significant impact
(FONSI). If an EA supports a FONSI, the environmental review process is
complete. If the EA reveals that the proposed action may have a
significant effect on the human environment, the Federal agency then
prepares an EIS. An EIS documents an agency's evaluation of the
environmental impacts of a major Federal action significantly affecting
the quality of the human environment.
A categorical exclusion, by contrast, falls into the category of
actions that do not have a significant effect on the human environment,
as defined by a Federal agency in its procedures implementing NEPA. If
the Federal agency finds that actions in a given category have
repeatedly been shown to have no significant effect on the human
environment, either individually or cumulatively, then the agency may
establish a categorical exclusion for that category of action. Once it
has established a categorical exclusion, the agency is not required to
prepare an EA or EIS for any action that falls within the scope of the
categorical exclusion, unless the agency finds, for any particular
action, that there are special (e.g., unique, unusual, or
controversial) circumstances that would preclude use of the categorical
exclusion.
The regulations in Sec. 51.22 of title 10 of the Code of Federal
Regulations (10 CFR), ``Criterion for categorical exclusion;
identification of licensing and regulatory actions eligible for
categorical exclusion or otherwise not requiring environmental
review,'' specify actions that the NRC has determined not to have
significant
[[Page 24515]]
environmental impacts. On September 24, 2003, the Council on
Environmental Quality (CEQ) National Environmental Policy Act Task
Force published a report, ``Modernizing NEPA Implementation'' (Task
Force Report), that recommended Federal agencies examine their
categorical exclusion regulations to identify potential revisions that
would eliminate unnecessary and costly EAs. The Task Force Report
recommends the use of information from past actions to establish the
basis for the no significant effects. It also provides that criteria
for identifying new categorical exclusions should include: (1)
Repetitive actions that do not individually or cumulatively have
significant effects on the human environment; (2) actions that
generally require limited environmental review; and (3) actions that
are noncontroversial. The NRC last amended Sec. 51.22(c) in 2010
(April 10, 2010; 75 FR 20248). On December 6, 2010, CEQ issued final
guidance on categorical exclusions (75 FR 75628). Consistent with CEQ
guidance, the NRC periodically reviews existing categorical exclusions
to ensure their continued appropriate use and usefulness.
Recently the NRC reviewed its environmental programs and
organization to identify potential opportunities to continue to meet
its NEPA obligations in different ways that would enhance the process,
save time, and reduce resources. One of the opportunities identified
was the possibility of creating new or revised categorical exclusions.
By identifying those actions that do not have the potential to
significantly affect the environment, the NRC will ensure that it is
focused on those actions with possibly new or significant environmental
impacts. Further, the review for categorical exclusions ensures the
NRC's environmental review program is more aligned with CEQ's best
practices.
III. Regulatory Objectives
Categorical exclusions streamline the NEPA process, saving time,
effort, and resources by eliminating the preparation of EAs for NRC
regulatory actions that have no significant effect on the human
environment. Through internal discussions, the NRC has identified
potential new categorical exclusions, areas where the scope of existing
categories could be clarified, and where ambiguity in the criteria has
created inconsistencies between existing excluded categories. In
addition, the NRC is evaluating existing categorical exclusions to
determine if any are no longer necessary or have proven to no longer
meet the criteria for categorical exclusion. Amending Sec. 51.22(c)
would increase efficiencies and consistency in the implementation of
categorical exclusions and ensure applicable NRC regulatory actions are
completed in a more efficient, effective, and timely manner. Through
this advance notice of proposed rulemaking, the NRC requests public
input on potential revisions to Sec. 51.22(c).
IV. Specific Areas of Consideration and Questions
The NRC is seeking stakeholder input on areas under consideration
for potential change. The NRC asks that commenters provide the bases
for their comments (i.e., the underlying rationale for the position
stated in the comment) to enable the agency to have a complete
understanding of the comments.
The NRC is considering revisions to categorical exclusions on the
following basis, unless otherwise specified in the next section:
1. The NRC has identified recurring actions that may be eligible
for categorical exclusion because these actions do not result in
environmental impacts and that are considered noncontroversial.
2. Other potential candidates for categorical exclusion include
those where, after completing multiple EAs, the NRC has always
concluded there are no findings of significant impacts and is not aware
of any reason that future EAs would reach a different result.
Summary of Potential Rulemaking Changes to Sec. 51.22(c) Under
Consideration
Reorganization of the list of categorical exclusions to
eliminate redundancy and add clarity.
Revisions to eliminate distinctions in categorical
exclusions between license amendments, exemptions, rulemaking, and
other forms of NRC actions, to ensure that categorical exclusions are
based on the activities that would be authorized rather than the
administrative and legal differences between the different forms of NRC
approvals. For example, the NRC might revise a categorical exclusion
from ``Issuance of an amendment to a permit or license issued under
this chapter which. . .'' to ``An action under this chapter that. . .''
Revisions to consolidate categorical exclusions for
exemptions into one category, for example, by moving the criterion for
exemptions related to installation or use of a facility component
located within the restricted area.
Revisions to categorically exclude license terminations
that are administrative acts that do not have the potential to affect
the environment such as termination of licensees for which no
construction or pre-construction activities have occurred or where all
decommissioning activities have been completed and approved and license
termination is a final administrative step.
Revisions to categorically exclude the NRC's concurrence,
under the Atomic Energy Act of 1954, as amended (AEA), Sec. 274c., on
termination by an Agreement State of licenses for AEA Sec. 11e.(2)
byproduct material where all decommissioning activities have been
completed and approved and NRC's concurrence is a final administrative
step.
Revisions to categorically exclude issuance of exemptions
to low-level waste disposal sites for the storage and disposal of
special nuclear material regulated by Agreement States.
Revisions to remove or clarify no significant hazards
considerations criteria in existing categorical exclusions because
these criteria are related to a process for some license amendments for
reactor licenses (from Sec. 50.92, ``Issuance of amendment''), not
environmental reviews, and are not relevant to materials licenses
(e.g., 10 CFR part 30, ``Rules of General Applicability to Domestic
Licensing of Byproduct Material,'' or part 40, ``Domestic Licensing of
Source Material,'' licenses).
Revisions to categorically exclude actions authorizing
licensees to delay implementation of certain new NRC requirements, for
example, where the new requirements were previously found to not result
in an environmental impact.
Revisions to categorically exclude approval of relief and
alternative requests under 10 CFR 50.55a, ``Codes and standards.''
Revisions to categorically exclude issuance of new,
amended, revised, and renewed certificates of compliance for cask
designs used for spent fuel storage and transportation (issued as
amendments to 10 CFR 72.214, ``List of approved spent fuel storage
casks'').
Revisions to categorically exclude approval of
decommissioning funding plans submitted under 10 CFR parts 30, 40, 70,
``Domestic Licensing of Special Nuclear Material,'' or 72, ``Licensing
Requirements for the Independent Storage of Spent Nuclear Fuel, High-
Level Radioactive Waste, and Reactor-Related Greater than Class C
Waste.''
Revisions to categorically exclude approvals of certain
long-term
[[Page 24516]]
surveillance plans of decommissioned uranium mills. However, long-term
surveillance plans that include groundwater monitoring might not be
included in the categorical exclusion.
Revisions to categorically exclude authorizations to
revise emergency plans for administrative changes such as reduction in
staffing.
Revisions to categorically exclude approvals for
alternative waste disposal procedures for reactor and material licenses
in accordance with Sec. 20.2002, ``Method for obtaining approval of
proposed disposal procedures.''
Revisions to categorically exclude NRC actions during
decommissioning that do not authorize changes to physical structures
such as changes to administrative, organizational, or procedural
requirements; and therefore, do not include activities that have
environmental impacts.
Revisions to include references to the definition of
construction in Sec. 51.4, ``Definitions,'' after the phrase
``significant construction impacts'' to clarify this term where it is
used in various categorical exclusions.
Additional Questions
Question (1) Are there licensing and regulatory actions that do not
or have not resulted in environmental impacts that the NRC should
consider as a categorical exclusion?
Question (2) Are there any categorical exclusions that are listed
in 10 CFR 51.22(c) that the NRC should consider modifying or
clarifying? For example, are there categorical exclusions that
licensees, applicants, or members of the public have found confusing?
Question (3) Are there any current categorical exclusions (Sec.
51.22(c)) that the NRC should consider removing? For example, are there
categorical exclusions that are no longer in use, or are there
activities listed that have been shown to have an environmental impact?
Question (4) Are there aspects of NRC authorized changes to
previously approved programs, such as emergency plans, cybersecurity
programs, quality assurance programs, radiation protection programs, or
materials control and accounting programs that the NRC should consider
categorically excluding?
Question (5) Is there anything else that the NRC should consider
regarding its regulations for categorical exclusions?
V. Public Meeting
The NRC will conduct a public meeting to discuss the potential
rulemaking and answer questions. The NRC will publish a notice of the
location, time, and agenda of the meeting on the NRC's public meeting
website at least ten calendar days before the meeting. Interested
members from the public should monitor the NRC's public meeting website
for information about the public meeting at: https://www.nrc.gov/public-involve/public-meetings/index.cfm. In addition, the meeting
information will be posted on https://www.regulations.gov/ under Docket
ID NRC-2018-0300.
VI. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885). The NRC requests comment on this document with respect to the
clarity and effectiveness of the language used.
VII. Rulemaking Process
The NRC does not intend to provide a detailed response to
individual comments submitted on this advance notice of proposed
rulemaking; however, the NRC will evaluate all public input in the
development of a proposed rule. If the NRC determines a need for
supporting guidance, the NRC will issue the draft guidance for public
comment. The NRC will provide another opportunity for public comment
for any subsequent proposed rule developed before it is finalized.
Dated: April 30, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-09675 Filed 5-6-21; 8:45 am]
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