[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Proposed Rules]
[Pages 13329-13357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04102]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 88 , No. 42 / Friday, March 3, 2023 / 
Proposed Rules  

[[Page 13329]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 51

[NRC-2018-0296]
RIN 3150-AK32


Renewing Nuclear Power Plant Operating Licenses--Environmental 
Review

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its environmental protection regulations by updating the 
Commission's 2013 findings on the environmental effect of renewing the 
operating license of a nuclear power plant. The NRC proposes to 
redefine the number and scope of the environmental issues that must be 
addressed during the review of each application for license renewal. As 
part of this update, the NRC has prepared draft Revision 2 to NUREG-
1437, ``Generic Environmental Impact Statement for License Renewal of 
Nuclear Plants'' (LR GEIS), to account for new information and to 
address the impacts of initial license renewals, which the previous 
versions considered, as well as first subsequent license renewals. The 
draft revised LR GEIS provides the technical basis for this proposed 
rule. The NRC is providing an opportunity for interested parties to 
submit comments on this proposed rule, the draft revised LR GEIS, and 
associated draft guidance.

DATES: Submit comments by May 2, 2023. 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 on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0296. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected]. For technical questions contact the 
individuals 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: Yanely Malave-Velez, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-1519, email: 
[email protected], Jennifer Davis, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-3835, email: 
[email protected], or Kevin Folk, Office of Nuclear Material 
Safety and Safeguards, telephone 301-415-6944, email: 
[email protected]. All are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

Executive Summary

A. Purpose of the Regulatory Action

    The Atomic Energy Act of 1954, as amended (AEA) authorizes the NRC 
to issue licenses to operate commercial nuclear power plants for up to 
40 years. The AEA and the NRC's regulations allow for the renewal of 
these licenses for up to an additional 20 years for each renewal term, 
which could either be an initial license renewal (initial LR) or 
subsequent license renewal (SLR). There are no limitations in the AEA 
or the NRC's regulations restricting the number of times a license may 
be renewed. The NRC's review of a license renewal application proceeds 
along two independent regulatory tracks: one for safety issues and 
another for environmental issues. The NRC's regulations for the license 
renewal safety review are set forth in part 54 of title 10 of the Code 
of Federal Regulations (10 CFR), ``Requirements for Renewal of 
Operating Licenses for Nuclear Power Plants.'' The NRC's environmental 
protection regulations are set forth in 10 CFR part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions.''
    The license renewal application includes both general and technical 
information that demonstrates that an applicant is in compliance with 
the NRC's regulations in 10 CFR part 54. During the safety review, the 
license renewal applicant must demonstrate that the effects of aging 
will be adequately managed so that the intended function(s) will be 
maintained consistent with the current licensing basis for the period 
of extended operation. Information in the application must be 
sufficiently detailed to permit the NRC staff to complete its review 
and develop the safety finding.
    Separate from the safety analysis, the applicant prepares an 
evaluation of the potential impacts to the environment of facility 
operation for an additional 20 years, which the NRC uses to inform its 
environmental analysis. Under the NRC's environmental protection 
regulations in 10 CFR part 51, which implements the National 
Environmental Policy Act (NEPA), renewal of a nuclear power plant 
operating license requires the preparation of an environmental impact 
statement (EIS). To support the preparation of these EISs, the NRC 
issued a rule in 1996 (61 FR 28467) and a supporting analysis in NUREG-
1437, ``Generic Environmental Impact Statement for License Renewal of 
Nuclear Plants'' (LR GEIS). The LR GEIS defines which impacts would 
essentially be the same at all nuclear power plants or a subset of 
plants (i.e., generic or Category 1 issues) and which impacts could be 
different at different plants and would require a plant-specific 
analysis to determine the impacts (Category 2 issues). The 
determinations are codified in Table B-1, ``Summary of Findings on NEPA 
Issues for License Renewal of Nuclear Power Plants,'' of appendix B to 
subpart A of 10 CFR part 51 (hereafter referred to as ``Table B-
1'').\1\ For each license

[[Page 13330]]

renewal application, those impacts that require a plant-specific 
analysis must be analyzed by the applicant in its environmental report 
and by the NRC in a supplemental environmental impact statement (SEIS) 
to NUREG-1437. The 1996 rule was amended in 2013 (78 FR 37281) by the 
issuance of an updated rule and publication of LR GEIS, Revision 1. In 
2014, the NRC issued a final rule that addressed the generic 
determination of the environmental impacts of continued storage of 
spent nuclear fuel beyond a reactor's licensed life for operation (79 
FR 56238). That rule amended 10 CFR part 51 by revising the findings of 
two environmental issues listed in Table B-1.
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    \1\ As stated in the introductory paragraph of appendix B to 
subpart A of 10 CFR part 51, the Commission has assessed the 
environmental impacts associated with granting a renewed operating 
license for a nuclear power plant to a licensee who holds either an 
operating license or construction permit as of June 30, 1995.
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    This proposed rule would further redefine the number and scope of 
the environmental issues that must be addressed by the NRC and 
applicants during license renewal environmental reviews. These changes 
are based primarily on the lessons learned and knowledge gained from 
initial LR and SLR reviews performed by the NRC since development of 
the 2013 LR GEIS. The changes also address Commission direction in 
Staff Requirements Memorandum (SRM)-SECY-22-0024, ``Rulemaking Plan for 
Renewing Nuclear Power Plant Operating Licenses--Environmental Review 
(RIN 3150-AK32, NRC-2018-0296),'' by thoroughly evaluating SLR in this 
review and update. In addition, new scientific research, public 
comments, changes in environmental regulations and impacts methodology, 
and other new information were considered in evaluating the 
significance of impacts associated with license renewal.

B. Major Provisions

    In the 2013 rule, there were 78 environmental issues, 17 of which 
required a plant-specific analysis (Category 2 issues) during license 
renewal environmental reviews. In this proposed rule, there are 80 
environmental issues, 20 of which require a plant-specific analysis. 
The following points summarize the primary proposed changes to the 
NRC's requirements in part 51:
    1. Several issues were consolidated, including some issues that 
were combined with other related Category 1 or Category 2 issues.
    2. One new Category 1 issue was added: ``Greenhouse gas impacts on 
climate change.''
    3. One issue was changed from Category 2 to Category 1: ``Severe 
accidents.''
    4. Two new Category 2 issues were added: ``Climate change impacts 
on environmental resources'' and ``National Marine Sanctuaries Act: 
sanctuary resources.''
    5. One Category 2 issue was divided into three separate Category 2 
issues: ``Endangered Species Act: federally listed species and critical 
habitats under U.S. Fish and Wildlife jurisdiction,'' ``Endangered 
Species Act: federally listed species and critical habitats under 
National Marine Fisheries Service jurisdiction,'' and ``Magnuson-
Stevens Act: essential fish habitat.''

C. Costs and Benefits

    The NRC prepared a draft regulatory analysis to determine the 
expected quantitative and qualitative costs and benefits of the 
proposed rule and associated guidance. The draft regulatory analysis 
concluded that the proposed rule and associated guidance would result 
in undiscounted total net savings of $91.4 million to the industry and 
$31.7 million to the NRC.
    The draft regulatory analysis also reflected qualitative factors to 
be considered in the NRC's rulemaking decision. Qualitative factors 
include regulatory stability, predictability, and clarity in the 
licensing process. The proposed rule would reduce the cost to the 
industry of preparing environmental reports for license renewal 
applications by focusing resources on plant-specific analyses. The NRC 
would also recognize similar reductions in cost and be able to better 
focus its resources on plant-specific environmental issues during 
reviews of reactor license renewal applications.
    For more information, see the draft regulatory analysis (available 
as indicated in Section XV, Availability of Documents, of this 
document).

Table of Contents

I. Obtaining Information and Submitting Comments
    A. Obtaining Information
    B. Submitting Comments
II. Background
    A. Environmental Review--Current 10 CFR Part 51 Regulations
    B. Rulemaking History
III. Discussion
    A. Proposed Amendments
    B. Environmental Impacts To Be Reviewed
    C. Draft Revised Generic Environmental Impact Statement for 
License Renewal of Nuclear Power Plants
    D. Proposed Actions and Basis for Changes to 10 CFR Part 51
IV. Availability of Guidance for Comment and Specific Request for 
Comment
    A. Guidance Documents
    B. Applicability of License Renewal Terms
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Cumulative Effects of Regulation
X. Plain Writing
XI. National Environmental Policy Act
XII. Paperwork Reduction Act Statement
XIII. Voluntary Consensus Standards
XIV. Public Meetings
XV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0296 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-2018-0296.
     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, at 301-415-4737, 
or by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. eastern time (ET), Monday through Friday, 
except Federal holidays.
     Technical Library: The Technical Library, which is located 
at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 
20852, is open by appointment only. Interested parties may make 
appointments to examine documents by contacting the NRC Technical 
Library by email at [email protected] between 8:00 a.m. and 4:00 
p.m. ET, Monday through Friday, except Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://

[[Page 13331]]

www.regulations.gov). Please include Docket ID NRC-2018-0296 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

    NUREG-1437, ``Generic Environmental Impact Statement for License 
Renewal of Nuclear Plants,'' (LR GEIS) is intended to streamline the 
NRC's license renewal environmental review by documenting a systematic 
approach that the NRC uses to evaluate the environmental impacts of 
renewing the operating licenses of commercial nuclear power plants. The 
LR GEIS also provides the technical basis for Table B-1, in appendix B 
to subpart A, and the Commission's other license renewal regulations in 
10 CFR part 51, ``Environmental Protection Regulations for Domestic 
Licensing and Related Regulatory Functions.'' This Background section 
provides an overview of the environmental review process and the 
rulemaking history related to the license renewal process under which a 
power reactor licensee may apply for a renewal of its operating 
license.

A. Environmental Review--Current 10 CFR Part 51 Regulations

    As a Federal agency, the NRC must comply with the National 
Environmental Policy Act (NEPA) by assessing the potential 
environmental effects of a proposed agency action before approving or 
disapproving that proposed action. The regulations implementing the 
NRC's NEPA review are found in 10 CFR part 51.
    Under NEPA, Federal agencies prepare an environmental impact 
statement (EIS) for any major Federal action significantly affecting 
the quality of the human environment. In addition, the Commission has 
identified at Sec.  51.20 certain categories of NRC proposed actions 
that require the preparation of an EIS, including the renewal of a 
license to operate a nuclear power reactor.\2\ For each plant-specific 
review, the NRC prepares a supplemental environmental impact statement 
(SEIS) to the LR GEIS.
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    \2\ The term Nuclear reactor is defined in Sec.  50.2, 
``Definitions.''
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    The NRC's provisions at Sec.  51.53(c) require an applicant for 
renewal of a nuclear power plant license to submit with its application 
a separate document entitled ``Applicant's Environmental Report--
Operating License Renewal Stage'' that describes in detail the affected 
environment around the plant, the modifications directly affecting the 
environment or any plant effluents and any planned refurbishment 
activities. In addition, the report must address the environmental 
impacts of alternatives and any other matters described in Sec.  51.45, 
which include the following: (1) the impact of the proposed action on 
the environment, (2) any adverse environmental impacts that cannot be 
avoided, (3) alternatives to the proposed action, (4) the relationship 
between local short-term uses of the environment and maintenance and 
enhancement of long-term productivity, and (5) any irreversible or 
irretrievable commitments of resources. Within its environmental 
report, the applicant is required to include analyses of the 
environmental impacts of the proposed action, including the impacts of 
refurbishment activities, if any, associated with license renewal and 
the impacts of operation during the renewal term, for those issues 
identified as Category 2 issues in appendix B to subpart A of 10 CFR 
part 51. Additionally, the applicant is required to provide any new and 
significant information of which it is aware in its environmental 
report. If there is no new and significant information for a Category 1 
issue, the applicant can rely on that Category 1 generic finding and 
analyses in the LR GEIS. The applicant's environmental report informs 
the NRC's independent evaluation.
    Before making a decision on a renewed license application for a 
nuclear power plant, the NRC is required to prepare and distribute, for 
public comment, a draft SEIS. The draft SEIS assesses the potential 
environmental impacts that may result from continued nuclear power 
plant operation and any proposed refurbishment activities during the 
renewal term (initial license renewal (initial LR) or subsequent 
license renewal (SLR). In preparing the draft SEIS, the NRC staff will 
rely on the findings in Table B-1 for Category 1 issues and analyze the 
potential environmental impacts of the proposed action (license 
renewal) on the affected environment and specific environmental 
resources (e.g., groundwater) for Category 2 issues. Additionally, the 
NRC will consider any potentially new and significant information for 
Category 1 issues and for uncategorized issues. An environmental issue 
may remain uncategorized where the impact level remains unknown or 
uncertain, such as any activity or aspect associated with the nuclear 
power plant operations that can act upon the environment in a manner or 
an intensity not previously recognized or quantified. Within each 
environmental resource area, the NRC staff will analyze issues that 
correspond to specific, potential environmental impacts at the specific 
site (e.g., within the groundwater resource area, groundwater quality 
degradation resulting from water withdrawals). In the draft SEIS, the 
NRC staff also will evaluate alternatives to the proposed action.
    After analyzing the potential environmental impacts for each issue, 
the NRC assigns one of the following three significance levels to 
describe its evaluation of those impacts on that issue in either the LR 
GEIS or a plant-specific SEIS:
    SMALL--The environmental effects are not detectable or are so minor 
that they will neither destabilize nor noticeably alter any important 
attribute of the resource. For the purposes of assessing radiological 
impacts, the Commission has concluded that those impacts that do not 
exceed permissible levels in the Commission's regulations are 
considered SMALL.
    MODERATE--The environmental effects are sufficient to alter 
noticeably, but not to destabilize, important attributes of the 
resource.
    LARGE--The environmental effects are clearly noticeable and are 
sufficient to destabilize important attributes of the resource.
    In assessing the significance of environmental impacts for some 
environmental resources (e.g., federally protected ecological resources 
and historic properties that require interagency consultation with 
Federal agencies or Indian Tribes \3\), the NRC

[[Page 13332]]

assigns the appropriate impact level (other than SMALL, MODERATE, or 
LARGE) in accordance with the terminology used in the relevant statutes 
and their implementing regulations.
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    \3\ Per 36 CFR 800.2(c)(2)(ii), the agency official will consult 
with any Indian Tribe or Native Hawaiian organization that attaches 
religious and cultural significance to historic properties that may 
be affected by an undertaking. The term ``Indian Tribes'' refers to 
Federally recognized Tribes as acknowledged by the Secretary of the 
Interior pursuant to the Federally Recognized Indian Tribe List Act 
of 1994 (25 U.S.C. 479a).
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    The NRC will document its environmental review and analysis through 
the preparation of a draft SEIS that will be published for public 
comment in the Federal Register, with a minimum 45-day comment period, 
in accordance with Sec.  51.73. Further, as provided in Sec.  51.74, 
the NRC will distribute the draft SEIS to the U.S. Environmental 
Protection Agency (EPA), other Federal agencies that have a special 
expertise or jurisdiction with respect to any potential environmental 
impact that may be relevant to the proposed action, the applicant, and 
appropriate State, Tribal, and local agencies and clearinghouses.
    Following the public comment period, the NRC will analyze any 
comments received, revise its environmental analyses as appropriate, 
and then prepare the final
    SEIS in accordance with the requirements of Sec.  51.91. Under 
Sec.  51.93, the NRC will distribute the final SEIS to many of the same 
entities as the draft SEIS and to each commenter. The NRC also will 
publish a notice of availability for the final SEIS in the Federal 
Register. As set forth in Sec.  51.102 and following the preparation 
and distribution of the final SEIS, the NRC will prepare and issue the 
record of decision, which is a concise, publicly available statement 
that documents the agency's decision, as informed by the final SEIS and 
final safety evaluation report. The requirements for a record of 
decision are described in Sec.  51.103, and include stating the NRC's 
decision (e.g., the approval or disapproval of the license renewal 
application), identifying the alternatives (including the proposed 
action) considered by the agency, and a statement as to whether the NRC 
has taken all practicable measures within its jurisdiction to avoid or 
minimize environmental harm from the alternative selected and if not, 
to explain why those measures were not adopted. Further, the record of 
the decision will include a determination by the NRC as to whether or 
not the adverse environmental impacts of license renewal are so great 
that preserving the option of license renewal for energy planning 
decisionmakers would be unreasonable, which is the purpose and need of 
license renewal.

B. Rulemaking History

    In 1986, the NRC initiated a program to develop license renewal 
regulations and associated regulatory guidance in anticipation of 
receiving applications for the renewal of nuclear power plant operating 
licenses. In 1996, the NRC published a final rule that amended the 
environmental protection regulations in 10 CFR part 51 to include 
provisions for applicants seeking to renew an operating license for up 
to an additional 20 years (61 FR 28467; June 5, 1996). The 1996 final 
rule was based upon the analyses and findings of a May 1996 NRC 
environmental impact statement, ``Generic Environmental Impact 
Statement for License Renewal of Nuclear Plants,'' NUREG-1437 (the 
``1996 LR GEIS'').
    Based upon the findings of the 1996 LR GEIS, the 1996 final rule 
identified those license renewal environmental issues for which a 
generic analysis had been determined to be appropriate (Category 1 
issues). Similarly, based upon the findings of the 1996 LR GEIS, the 
1996 final rule identified those environmental impacts for which a 
site- or plant-specific analysis was required, both by the applicant in 
its environmental report and by the NRC in its SEIS (Category 2 
issues). The 1996 final rule, among other amendments to 10 CFR part 51, 
added appendix B to subpart A of 10 CFR part 51, ``Environmental Effect 
of Renewing the Operating License of a Nuclear Power Plant.'' Appendix 
B included Table B-1 which summarized and codified the findings of the 
1996 LR GEIS.
    In preparing the 1996 LR GEIS, the Commission based its generic 
assessment on the following factors:
    (1) License renewal will involve nuclear power plants for which the 
environmental impacts of operation are well understood as a result of 
lessons learned and knowledge gained from operating experience and 
completed license renewals.
    (2) Activities associated with license renewal are expected to be 
within this range of operating experience; thus, environmental impacts 
can be reasonably predicted.
    (3) Changes in the environment around nuclear power plants are 
gradual and predictable.
    The 1996 LR GEIS improved the efficiency of the license renewal 
process in the following ways: (1) providing an evaluation of the types 
of environmental impacts that may occur from renewing commercial 
nuclear power plant operating licenses, (2) identifying and assessing 
impacts that are expected to be generic (i.e., the same or similar) at 
all nuclear power plants or plants with specified plant or site 
characteristics, and (3) defining the number and scope of environmental 
impacts that need to be addressed in plant-specific SEISs to the 1996 
LR GEIS.
    As identified in the 1996 final rule, a Category 1 issue is an 
issue that meets the following criteria: (1) the environmental impacts 
associated with the issue have been determined to apply either to all 
plants or, for some issues, to plants having a specific type of cooling 
system or other specified plant or site characteristic; (2) a single 
significance level (i.e., small, moderate, or large) has been assigned 
to the impacts (except for certain issues discussed below in more 
detail); and (3) mitigation of adverse impacts associated with the 
issue has been considered in the analysis, and it has been determined 
that additional plant-specific mitigation measures are not likely to be 
sufficiently beneficial to warrant implementation. A Category 2 issue 
is defined as an issue where one or more of Category 1 criteria cannot 
be met, and therefore, additional plant-specific review is required.
    As stated in the 1996 final rule, the NRC recognized that 
environmental issues might change over time and that additional issues 
may need to be considered. As further stated in the introductory text 
to Table B-1, the NRC indicated that it intended to review the material 
in Table B-1 on a 10-year basis.
    On December 18, 1996 (61 FR 66537), the NRC amended the 1996 final 
rule to incorporate minor clarifying and conforming changes and to add 
language omitted from Table B-1.
    In 1999, the NRC amended 10 CFR part 51, including Table B-1, to 
expand the generic findings pertaining to the environmental impacts 
resulting from transportation of fuel and waste to and from a single 
nuclear power plant (64 FR 48496; September 3, 1999). This final rule 
also incorporated rule text consistent with the 1996 LR GEIS to address 
local traffic impacts attributable to the continued operations of a 
nuclear power plant during the license renewal term.
    In 2013, the NRC completed the first 10-year review and update of 
the 1996 LR GEIS and published a final rule (78 FR 37281; June 20, 
2013) that amended Table B-1 by updating the Commission's 1996 findings 
on the environmental impacts related to the renewal of nuclear power 
plant operating licenses and other NRC environmental protection 
regulations (e.g., 10 CFR 51.53, which sets forth the

[[Page 13333]]

contents of the applicant's environmental report, 10 CFR 51.75, and 10 
CFR 51.95). The 2013 final rule redefined the number and scope of the 
environmental issues that must be addressed by the NRC and applicants 
during license renewal environmental reviews. These changes were 
primarily based on lessons learned and knowledge gained from license 
renewal environmental reviews conducted by the NRC since 1996. Together 
with the final rule, the NRC issued a revised LR GEIS, NUREG-1437 
Revision 1 (the ``2013 LR GEIS''), as well as Revision 1 of Regulatory 
Guide (RG) 4.2, Supplement 1, ``Preparation of Environmental Reports 
for Nuclear Power Plant License Renewal Applications,'' and Revision 1 
to NUREG-1555, Supplement 1, ``Standard Review Plans for Environmental 
Reviews for Nuclear Power Plants: Operating License Renewal.''
    On July 31, 2013 (78 FR 46255), the NRC amended the 2013 final rule 
to incorporate minor clarifying and conforming changes and revise the 
statutory authority that was cited in the authority citation for the 
final rule.
    In 2014, the NRC published a final rule titled ``Continued Storage 
of Spent Nuclear Fuel'' that revised the generic determination 
regarding the environmental impacts of the continued storage of spent 
nuclear fuel beyond a reactor's licensed life for operation and prior 
to ultimate disposal (79 FR 56238; September 14, 2014). The continued 
storage final rule also made conforming amendments to the 
determinations of environmental effects of renewing the operating 
license of a nuclear power plant. These changes addressed issues 
related to the onsite storage of spent nuclear fuel, both for the 
license renewal term and for the period after the licensed life for 
reactor operations, and offsite radiological impacts of spent nuclear 
fuel and high-level waste disposal. Specifically, the continued storage 
final rule revised two environmental issues in Table B-1: (1) ``Onsite 
storage of spent fuel'' and (2) ``Offsite radiological impacts of spent 
nuclear fuel and high-level waste disposal.''
    In August 2020, the NRC issued a notice of intent to review and 
potentially update the 2013 LR GEIS \4\ (i.e., the scoping notice) in 
the Federal Register (85 FR 47252; August 4, 2020). The comment period 
began in August 2020 and ended in November 2020. The scoping notice 
provided the public with an opportunity to submit comments and 
participate in the environmental scoping process, as defined in Sec.  
51.26. Specifically, the NRC invited the public to review the results 
of the NRC staff's preliminary review of the LR GEIS, including a 
proposal to address SLR in the LR GEIS, and asked the public to provide 
comments and suggestions for other areas that should be updated. The 
NRC conducted four webinars where the staff received comments from the 
public. All comments provided during the 2020 scoping period were 
considered in preparing the draft revised LR GEIS and are publicly 
available. The official transcripts and the scoping summary report are 
available as indicated in the ``Availability of Documents'' section of 
this proposed rule.
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    \4\ Unless stated otherwise, references to the 2013 LR GEIS 
include the changes made to two environmental issues in Table B-1 as 
a part of the 2014 Continued Storage of Spent Nuclear Fuel final 
rule. These changes are discussed in Section 1.7.2 of the draft 
revised LR GEIS.
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    In July 2021, the staff submitted SECY-21-0066, ``Rulemaking Plan 
for Renewing Nuclear Power Plant Operating Licenses--Environmental 
Review (RIN 3150-AK32; NRC-2018-0296),'' to request Commission approval 
to initiate a rulemaking to amend Table B-1 and update the 2013 LR GEIS 
and associated guidance. The rulemaking plan also proposed to remove 
the word ``initial'' from Sec.  51.53(c)(3), which, as described above, 
governs license renewal applicant's environmental reports; this change 
would have included applicants for SLR in the section's scope. The plan 
would have also made corresponding changes to the LR GEIS and the 
associated guidance.
    In February 2022, the Commission issued SRM-SECY-21-0066, 
``Rulemaking Plan for Renewing Nuclear Power Plant Operating Licenses--
Environmental Review (RIN 3150-AK32; NRC-2018-0296).'' The Commission 
disapproved the staff's recommendation and directed the staff to 
develop a rulemaking plan that aligned with the Commission Order CLI-
22-03, and recent decisions in Turkey Point, CLI-22-02, and Peach 
Bottom, CLI-22-04, regarding the NEPA analysis of SLR applications. 
These orders concluded that the staff did not conduct an adequate NEPA 
analysis for the SLR period and further stated that the staff cannot 
exclusively rely on the LR GEIS for Category 1 issues in SLR 
environmental reviews. The SRM also directed the staff to include in 
the rulemaking plan a proposal to remove the word ``initial'' from 
Sec.  51.53(c)(3) and to revise the LR GEIS and Table B-1 and 
associated guidance to fully account for one term of SLR. The SRM also 
directed the staff to provide options for a future rulemaking effort 
regarding the 10-year regulatory update.
    In March 2022, the staff submitted SECY-22-0024, ``Rulemaking Plan 
for Renewing Nuclear Power Plant Operating Licenses--Environmental 
Review (RIN 3150-AK32; NRC-2018-0296),'' to request Commission approval 
to initiate a rulemaking that would align with the Commission Order 
CLI-22-03 and recent decisions in Orders CLI-22-02 and CLI-22-04 
regarding the NEPA analysis of SLR applications, as well as to remove 
the word ``initial'' from Sec.  51.53(c)(3) and to revise the LR GEIS 
and Table B-1 and associated guidance to fully account for one term of 
SLR. The staff also proposed to update the LR GEIS to consider new 
technical data from completed environmental reviews, changes to 
environmental laws and regulations, and other information.
    In April 2022, the Commission issued SRM-SECY-22-0024, ``Rulemaking 
Plan for Renewing Nuclear Power Plant Operating Licenses--Environmental 
Review (RIN 3150-AK32; NRC-2018-0296),'' approving the staff's 
recommendation to proceed with rulemaking.
    In April 2022, the staff submitted SECY-22-0036, ``Rulemaking Plan 
for Renewing Nuclear Power Plant Operating Licenses--10-Year 
Environmental Regulatory Update (NRC-2022-0087)'' that provided options 
for a future rulemaking effort to incorporate further changes to the LR 
GEIS as part of the 10-year regulatory update to amend Table B-1. 
Because the current rulemaking would address all necessary issues, the 
staff recommended that a future rulemaking for updating the LR GEIS and 
Table B-1 be deferred, to begin no sooner than FY 2031. The staff 
further recommended that the current update to the LR GEIS constitute 
the update for this review cycle.
    In June 2022, the Commission issued SRM-SECY-22-0036 approving the 
staff's recommendation.

III. Discussion

A. Proposed Amendments

    The proposed amendments to 10 CFR part 51 would revise the existing 
requirements for environmental reviews of applications for a license 
renewal of operating nuclear power plants. The proposed amendments 
would codify the updated generic conclusions of the draft revised LR 
GEIS for those issues for which a generic conclusion regarding the 
potential environmental impacts of issuing an initial or subsequent 
renewed license for a nuclear power plant can be reached. These 
conclusions have been updated to specifically account for one

[[Page 13334]]

term of SLR as well as initial LR and other new information since the 
last LR GEIS update. These issues are identified as Category 1 issues 
in the draft revised LR GEIS. The Category 1 issues identified and 
described in the draft revised LR GEIS may be applied to any initial LR 
or SLR application for operating nuclear power plants covered by the LR 
GEIS and have been determined to have a SMALL impact for all plants or 
a subset of plants. Table B-1 in appendix B to subpart A of 10 CFR part 
51 summarizes and codifies the Commission's findings for all Category 1 
issues. The revisions to Table B-1 account for one term of SLR; reflect 
lessons learned, knowledge gained, and experience from license renewal 
environmental reviews performed since development of the 2013 LR GEIS; 
consider changes to applicable laws and regulations; and factor in new 
scientific data and methodology with respect to the assessment of 
potential environmental impacts of nuclear power plant license renewal. 
In addition, the proposed amendments include conforming changes to the 
provisions of Sec.  51.53(c)(3) and Sec.  51.95. These proposed changes 
are intended to maintain the accuracy of the LR GEIS and ensure that 
future environmental reviews meet the ``hard look'' standard to fully 
account for the environmental impacts of initial LR and SLR, as 
documented in the draft revised LR GEIS.

B. Environmental Impacts To Be Reviewed

    In the draft revised LR GEIS, the NRC reevaluated the Category 1 
generic findings and determined that many of the environmental impacts 
of continued nuclear power plant operations and refurbishment during 
the renewal term (initial LR or SLR) would be SMALL. However, license 
renewal applicants in their environmental reports and the NRC staff in 
the SEIS would still need to evaluate whether new and significant 
information exists that would require a plant-specific analysis for 
that issue. See Section III.C of this document for a more detailed 
discussion of the process used in the draft revised LR GEIS.
    In the draft revised LR GEIS, the NRC identified a total of 80 
environmental issues that may be associated with operation and 
refurbishment during the renewal term. Chapter 4 of the draft revised 
LR GEIS describes the impact findings and impact significance level of 
SMALL, MODERATE, or LARGE, or a range where applicable, for each 
Category 1 and Category 2 issue. Of the 80 issues, the NRC identified 
59 environmental issues as Category 1 issues. Applicants and the NRC 
staff would be required to rely on the generic finding for each 
Category 1 issue as supported by the analysis in the draft revised LR 
GEIS, which would be codified in the proposed Table B-1.
    The draft revised LR GEIS identifies 20 environmental issues as 
Category 2 issues. These issues cannot be evaluated generically and 
must be evaluated by the applicant, in its environmental report, and 
the NRC staff, in the draft SEIS, using plant-specific information. For 
example, for the issue, ``Surface water use conflicts (plants with 
cooling ponds or cooling towers using makeup water from a river),'' the 
staff found in the draft revised LR GEIS that impacts could be of small 
or moderate significance based on site-specific factors that exacerbate 
consumptive water use by a nuclear power plant. The factors include 
increased water demand due to population growth; changes in water 
demand by industrial, agricultural, or other users of the same water 
source; drought and river low-flow conditions, and reduced water 
availability over time due to climate change. Therefore, the potential 
for water use conflicts must be addressed on a plant-specific basis.
    For one environmental issue, ``Electromagnetic fields (EMF),'' the 
draft revised LR GEIS identified the category as ``N/A'' (not 
applicable). Studies of 60-Hz EMFs have not uncovered consistent 
evidence linking harmful effects with field exposures. Because the 
state of the science is currently inadequate, no generic conclusion on 
human health impacts is possible. If, in the future, the Commission 
finds that a general agreement has been reached by appropriate Federal 
health agencies that there are adverse health effects from EMFs, the 
Commission will then treat this issue in a manner similar to a Category 
2 issue and require applicants to submit plant-specific reviews of 
these health effects in their environmental report. Until such time, 
applicants are not required to submit information on this issue.

C. Draft Revised Generic Environmental Impact Statement for License 
Renewal of Nuclear Power Plants

    This revision evaluates the environmental issues and findings of 
the 2013 LR GEIS and updates the analysis and assumptions to fully 
account for both initial LR and SLR. Lessons learned, knowledge gained, 
and experience from license renewal environmental reviews performed by 
the NRC since development of the 2013 LR GEIS provided a significant 
source of new information for this assessment. This review included an 
examination of previous site-specific considerations of potential new 
and significant information for Category 1 issues. In addition, new 
scientific research, changes in environmental regulations and impact 
methodology, and other new information were considered in evaluating 
the significance of impacts associated with initial LR and SLR. Public 
comments on previous plant-specific license renewal reviews were 
analyzed to assess the existing environmental issues and identify new 
ones. The purpose of this evaluation was to review the findings 
presented in the 2013 LR GEIS and to ensure that the analysis and 
assumptions support SLR environmental reviews. In doing so, the NRC 
considered the need to modify, add to, or delete any of the 78 
environmental issues in the 2013 LR GEIS and codified in Table B-1. 
After this evaluation, the staff identified 80 impact issues for 
detailed consideration in this draft LR GEIS revision. No environmental 
issues identified in Table B-1 and evaluated in the 2013 LR GEIS were 
eliminated, but certain issues were consolidated, and one issue was 
subdivided into three separate issues. Two new Category 2 issues and 
one new Category 1 issue were added.
    Environmental issues in the draft revised LR GEIS are arranged by 
resource area in the same manner as the 2013 LR GEIS. In the draft 
revised LR GEIS, the environmental impacts of continued nuclear power 
plant operations during the license renewal term (initial LR or SLR) 
and associated refurbishment activities are addressed in each resource 
area. This analysis provides the technical basis for the 80 identified 
environmental issues. Additionally, the NRC staff also considered a 
range of replacement energy alternatives to the proposed action 
(license renewal) as described in the draft revised LR GEIS. This 
discussion of potential alternatives will inform the site-specific 
alternatives analyses in the SEISs. The draft revised LR GEIS considers 
and evaluates the 80 environmental issues within the context of the 
following environmental resource (i.e., subject matter) areas: (1) land 
use and visual resources, (2) air quality and noise, (3) geologic 
environment, (4) water resources (surface water and groundwater 
resources), (5) ecological resources (terrestrial resources, aquatic 
resources, and federally protected ecological resources), (6) historic 
and cultural resources, (7) socioeconomics, (8) human health 
(radiological and nonradiological hazards and postulated

[[Page 13335]]

accidents), (9) environmental justice, (10) waste management and 
pollution prevention (radioactive and nonradioactive waste and spent 
nuclear fuel), (11) greenhouse gas emissions and climate change, (12) 
cumulative effects, and (13) impacts common to all alternatives 
(uranium fuel cycle and termination of nuclear power plant operations 
and decommissioning). The proposed rule revises Table B-1 in appendix B 
to subpart A of 10 CFR part 51 to reflect the changes in the draft 
revised LR GEIS.
    In the draft revised LR GEIS, the general analytical approach used 
by the NRC staff to evaluate potential environmental impacts was to: 
(1) describe the nuclear power plant activity or aspect of plant 
operations or refurbishment that could affect a resource; (2) identify 
the resource that is affected; (3) evaluate past license renewal 
reviews and other available information; (4) assess the nature and 
magnitude of the potential environmental impact on the affected 
resource for both initial LR and SLR; (5) characterize the significance 
of the effects; (6) determine whether the results of the analysis apply 
to all nuclear power plants or to a specific subset of plants, or 
whether a plant-specific analysis is required--i.e., whether the impact 
issue is Category 1 (generic) or Category 2 (plant-specific); and (7) 
consider additional mitigation measures for adverse impacts. 
Identification of environmental impacts (or issues) was conducted in an 
iterative rather than a stepwise manner. For example, after information 
was collected and level of significance was reviewed, the staff 
reexamined impacts to determine if any issues should be removed, added, 
consolidated, or divided.
    The Commission would like to emphasize that in complying with the 
NRC's environmental regulations under Sec.  51.53(c)(3)(iv), as 
required by NEPA, applicants are required to provide any new and 
significant information regarding the environmental impacts of license 
renewal of which the applicant is aware, including for Category 1 
issues and for uncategorized issues. The proposed amendments would not 
change this requirement.
    The draft revised LR GEIS retains the 2013 LR GEIS definitions for 
Category 1 and Category 2 issues. The draft revised LR GEIS discusses 
six major types of changes to the categorization of issues:
    (1) New Category 1 Issue: This would be a Category 1 issue not 
previously listed in the 2013 LR GEIS. The applicant would not need to 
assess this issue in its environmental report. Under Sec.  
51.53(c)(3)(iv), however, the applicant is responsible for disclosing 
in the environmental report any ``new and significant information'' of 
which the applicant is aware. The NRC has addressed the environmental 
impacts of these Category 1 issues generically for all plants in the 
draft revised LR GEIS.
    (2) New Category 2 Issue: This would be a Category 2 issue not 
previously listed in the 2013 LR GEIS. For the new Category 2 issue, 
the applicant would have to conduct an analysis of the potential 
environmental impacts related to that issue and include it in the 
environmental report. The analysis must include a discussion of (i) the 
possible actions to mitigate any adverse impacts associated with 
license renewal and (ii) the environmental impacts of alternatives to 
license renewal.
    (3) Existing Issue Category Change from Category 2 to Category 1: 
This would be an issue that was considered as Category 2 in the 2013 LR 
GEIS and would now be considered as Category 1 in the draft revised LR 
GEIS. An applicant would no longer be required to conduct a plant-
specific analysis on the environmental impacts associated with this 
issue. Consistent with the requirements of Sec.  51.53(c)(3)(iv), an 
applicant would only be required to describe in its environmental 
report any ``new and significant information'' of which it is aware.
    (4) Consolidation of an Existing Category 1 Issue into an Existing 
Category 2 issue: This would be an issue where an existing Category 1 
issue in the 2013 LR GEIS has a similar scope as an existing Category 2 
issue and has been consolidated into the Category 2 issue. Therefore, 
for the new, consolidated Category 2 issue, the applicant would have to 
conduct a plant-specific analysis of the potential environmental 
impacts related to that issue and include it in the environmental 
report. The analysis must include a discussion of (i) the possible 
actions to mitigate any adverse impacts associated with license renewal 
and (ii) the environmental impacts of alternatives to license renewal.
    (5) Consolidation of One or More Existing Category 1 Issues into an 
Existing Category 1 Issue: This would be an issue that was considered 
Category 1 in the 2013 LR GEIS and would remain so. The issue has been 
revised by consolidating similar aspects of one or more Category 1 
issues, in whole or in part, into the existing Category 1 issue and 
which affect the same environmental resources. Consistent with the 
requirements of Sec.  51.53(c)(3)(iv), an applicant would only be 
required to describe in its environmental report any ``new and 
significant information'' of which it is aware.
    (6) Subdividing an Existing Category 2 Issue into Multiple Category 
2 Issues: This would be an existing Category 2 issue in the 2013 LR 
GEIS that has been divided into multiple, new Category 2 issues in 
order to more clearly address specific categories of environmental 
resource impacts. For the new, separate Category 2 issues, the 
applicant would have to conduct analyses of the potential environmental 
impacts related to each separate issue, as applicable, and include it 
in the environmental report. The analyses must include a discussion of 
(i) the possible actions to mitigate any adverse impacts associated 
with license renewal and (ii) the environmental impacts of alternatives 
to license renewal.

D. Proposed Actions and Basis for Changes to 10 CFR Part 51

Appendix B to Subpart A of 10 CFR Part 51
    This proposed rule revises the introductory paragraph in appendix B 
to subpart A of 10 CFR part 51, to indicate the applicability to 
initial LR and one term of SLR and to update the findings on 
environmental issues with the data supported by the analyses in the 
proposed NUREG-1437, Revision 2.
    The proposed rule would also modify the language of the 
introductory paragraph to clarify that Table B-1 is applicable to 
nuclear power plant licensees holding an operating license, 
construction permit, or combined license as of June 30, 1995
    The proposed rule renames the title of Table B-1, ``Summary of NEPA 
Issues for License Renewal of Nuclear Power Plants,'' as ``Summary of 
Findings on Environmental Issues for Initial and One Term of Subsequent 
License Renewal of Nuclear Power Plants,'' to spell out the 
applicability to initial LR and SLR environmental reviews.
    The draft revised LR GEIS, which is being concurrently issued for 
public comment, provides a summary change table comparing the 78 
environmental issues in the 2013 LR GEIS with the 80 environmental 
issues in the draft revised LR GEIS. The proposed rule amends Table B-1 
to reflect the changes made in the draft revised LR GEIS. As documented 
in the draft revised LR GEIS, for each of the 80 environmental issues, 
the scope has been expanded to fully account for the impacts of 
continued nuclear power plant operations and any refurbishment 
encompassing the initial LR or SLR

[[Page 13336]]

term. The changes to Table B-1 are described below:
(i) Land Use
    (1) Onsite Land Use, (2) Offsite Land Use, and (3) Offsite Land Use 
in Transmission Line Right-of-Ways (ROWs)--``Onsite land use,'' 
``Offsite land use,'' and ``Offsite Land Use in Transmission Line 
Right-of-Ways (ROWs)'' are Category 1 issues. There are no changes to 
the finding column of Table B-1 for these issues.
(ii) Visual Resources
    (4) Aesthetic Impacts--``Aesthetic impacts'' is a Category 1 issue. 
There are no changes to the finding column of Table B-1 for this issue.
(iii) Air Quality
    (5) Air Quality Impacts--The proposed rule would rename ``Air 
quality impacts (all plants)'' as ``Air quality impacts''; it is a 
Category 1 issue. The proposed rule makes minor clarifying changes and 
revisions to the order of the topics discussed in the finding column of 
Table B-1 for this issue.
    (6) Air Quality Effects of Transmission Lines--``Air Quality 
Effects of Transmission Lines'' is a Category 1 issue. The proposed 
rule would make minor clarifying changes to the finding column of Table 
B-1 for this issue.
(iv) Noise
    (7) Noise Impacts--``Noise impacts'' is a Category 1 issue. There 
are no changes to the finding column of Table B-1 for this issue.
(v) Geologic Environment
    (8) Geology and Soils--``Geology and Soils'' is a Category 1 issue. 
The proposed rule would make minor clarifying changes to the finding 
column of Table B-1 for this issue.
(vi) Surface Water Resources
    (9) Surface Water Use and Quality (Non-Cooling System Impacts), 
(10) Altered Current Patterns at Intake and Discharge Structures, (11) 
Altered Salinity Gradients, (12) Altered Thermal Stratification of 
Lakes, (13) Scouring Caused by Discharged Cooling Water, (14) Discharge 
of Metals in Cooling System Effluent, (15) Discharge of Biocides, 
Sanitary Wastes, and Minor Chemical Spills, and (16) Surface Water Use 
Conflicts (Plants with Once-Through Cooling Systems)--``Surface water 
use and quality (non-cooling system impacts),'' ``Altered current 
patterns at intake and discharge structures,'' ``Altered salinity 
gradients,'' ``Altered thermal stratification of lakes,'' ``Scouring 
caused by discharged cooling water,'' ``Discharge of metals in cooling 
system effluent,'' Discharge of biocides, sanitary wastes, and minor 
chemical spills,'' and ``Surface water use conflicts (plants with once-
through cooling systems)'' are Category 1 issues. There are no changes 
to the finding column of Table B-1 for these issues.
    (17) Surface Water Use Conflicts (Plants with Cooling Ponds or 
Cooling Towers Using Makeup Water from a River)--``Surface water use 
conflicts (plants with cooling ponds or cooling towers using makeup 
water from a river)'' is a Category 2 issue. There are no changes to 
the finding column of Table B-1 for this issue.
    (18) Effects of Dredging on Surface Water Quality--``Effects of 
dredging on surface water quality'' is a Category 1 issue. There are no 
changes to the finding column of Table B-1 for this issue.
    (19) Temperature Effects on Sediment Transport Capacity--
``Temperature effects on sediment transport capacity'' is a Category 1 
issue. The proposed rule would make minor clarifying changes to the 
finding column of Table B-1 for this issue.
(vii) Groundwater Resources
    (20) Groundwater Contamination and Use (Non-Cooling System 
Impacts)--``Groundwater contamination and use (non-cooling system 
impacts)'' is a Category 1 issue. The proposed rule would make minor 
clarifying changes to the finding column of Table B-1 for this issue.
    (21) Groundwater Use Conflicts (Plants That Withdraw Less than 100 
Gallons per Minute [gpm])--``Groundwater use conflicts (plants that 
withdraw less than 100 gallons per minute [gpm])'' is a Category 1 
issue. There are no changes to the finding column of Table B-1 for this 
issue.
    (22) Groundwater Use Conflicts (Plants That Withdraw More than 100 
Gallons per Minute [gpm]) and (23) Groundwater Use Conflicts (Plants 
with Closed-Cycle Cooling Systems That Withdraw Makeup Water from a 
River)--``Groundwater use conflicts (plants that withdraw more than 100 
gallons per minute [gpm])'' and ``Groundwater use conflicts (plants 
with closed-cycle cooling systems that withdraw makeup water from a 
river)'' are Category 2 issues. There are no changes to the finding 
column of Table B-1 for these issues.
    (24) Groundwater Quality Degradation Resulting from Water 
Withdrawals--``Groundwater quality degradation resulting from water 
withdrawals'' is a Category 1 issue. There are no changes to the 
finding column of Table B-1 for this issue.
    (25) Groundwater Quality Degradation (Plants with Cooling Ponds)--
The proposed rule would combine a Category 1 issue, ``Groundwater 
quality degradation (cooling ponds in salt marshes),'' and a Category 2 
issue, ``Groundwater quality degradation (cooling ponds at inland 
sites),'' and name it ``Groundwater quality degradation (plants with 
cooling ponds).'' The combined issue is a Category 2 issue. The two 
issues are combined because both issues consider the possibility of 
groundwater quality and beneficial use becoming degraded as a result of 
the migration of contaminants discharged to cooling ponds. Also, for 
the first issue, ``Groundwater quality degradation (cooling ponds in 
salt marshes),'' the NRC staff found that the issue was relevant to 
only two nuclear power plants. The combined issue reflects lessons 
learned and knowledge gained and new and significant information from 
the Turkey Point SLR review that showed that cooling ponds can impact 
groundwater and surface water in ways not previously considered. This 
combined issue also considers the environmental effects of saltwater 
intrusion and encroachment on adjacent surface water and groundwater 
quality.
    As described in the draft revised LR GEIS, the NRC staff had 
previously determined that plants relying on cooling ponds in salt 
marsh settings were expected to have a small impact on groundwater 
quality. However, new information indicates that the impacts of 
groundwater quality degradation for plants using cooling ponds in 
either coastal (salt marsh) settings or at inland sites could be 
greater than small (i.e., small or moderate), depending on site-
specific differences in the cooling pond's construction and operation; 
water quality; site hydrogeologic conditions (including the interaction 
of surface water and groundwater); and the location, depth, and pump 
rate of any water supply wells contributing to or impacted by outflow 
or seepage from a cooling pond. Therefore, the combined issue is a 
Category 2 issue. The proposed rule revises the finding column of Table 
B-1 accordingly.
    (26) Radionuclides Released to Groundwater--``Radionuclides 
released to groundwater'' is a Category 2 issue. There are no changes 
to the finding column of Table B-1 for this issue.
(viii) Terrestrial Resources
    (27) Non-Cooling System Impacts on Terrestrial Resources--The 
proposed

[[Page 13337]]

rule would rename ``Effects on terrestrial resources (non-cooling 
system impacts)'' as ``Non-cooling system impacts on terrestrial 
resources.'' The issue is a Category 2 issue. The proposed rule makes 
clarifying changes to the finding column of Table B-1 for this issue to 
more precisely describe the scope of issues and resources considered 
and for consistency with other ecological resources (e.g., aquatic and 
terrestrial) issues.
    (28) Exposure of Terrestrial Organisms to Radionuclides--``Exposure 
of terrestrial organisms to radionuclides'' is a Category 1 issue. The 
proposed rule would make minor clarifying changes to the finding column 
of Table B-1 for this issue.
    (29) Cooling System Impacts on Terrestrial Resources (Plants with 
Once-Through Cooling Systems or Cooling Ponds)--``Cooling system 
impacts on terrestrial resources (plants with once-through cooling 
systems or cooling ponds)'' is a Category 1 issue. This issue concerns 
the potential impacts of once-through cooling systems and cooling ponds 
at nuclear power plants on terrestrial resources during the license 
renewal term (initial LR or SLR). Cooling system operation can alter 
the ecological environment in a manner that affects terrestrial 
resources. Such alterations may include thermal effluent additions to 
receiving water bodies; chemical effluent additions to surface water or 
groundwater; impingement of waterfowl; disturbance of terrestrial 
plants and wetlands associated with maintenance dredging; disposal of 
dredged material; and erosion of shoreline habitat.
    Thermal effluents discharged from once-through cooling systems and 
cooling ponds can contribute to localized elevated water temperatures 
in receiving bodies that may affect the distributions of some 
terrestrial plants and animals in adjacent riparian or wetland 
habitats. Thermal effluents to waters of the United States are 
regulated through National Pollutant Discharge Elimination System 
(NPDES) permits to limit the effects of such discharges on the 
ecological environment. In addition, wetland and riparian plant 
communities present near nuclear power plants have been influenced by 
many years of facility operation, and these communities have acclimated 
to local conditions.
    Along with thermal effluents, nonradiological chemical contaminants 
may be present in cooling system discharges. The NPDES permits also 
limit the allowable concentrations of contaminants in liquid effluent 
to minimize impacts on the ecological environment.
    Groundwater quality can be degraded by nonradiological contaminants 
present in cooling ponds and cooling canals. The NRC staff found that 
this issue was identified only at one operating nuclear power plant, 
where the movement of hypersaline water did not have discernable 
ecological impacts.
    The impingement of waterfowl at cooling water intakes has been 
observed at some nuclear power plants. These plants have changed 
operational procedures, such as periodically cleaning zebra mussels off 
intake structures, or have changed intake structure designs to minimize 
impacts on waterfowl.
    Maintenance dredging near cooling system intakes or outfalls 
physically disturb or alter wetland or riparian habitats. Dredging and 
disposal of dredged material would likely require the nuclear power 
plant operator to obtain a Clean Water Act (CWA) Section 404 permit 
from the U.S. Army Corps of Engineers; best management practices and 
conditions associated with these permits would minimize impacts on the 
ecological environment.
    The NRC determined that the effects of once-through cooling systems 
and cooling ponds on terrestrial resources would be minor and would 
neither destabilize nor noticeably alter any important attribute of 
populations of plants or animals during the initial LR or SLR term. The 
proposed rule would revise the finding column of Table B-1 for this 
issue to more clearly describe the scope of issues and resources 
considered and for consistency with other ecological resource issues.
    (30) Cooling Tower Impacts on Terrestrial Plants--The proposed rule 
would rename ``Cooling tower impacts on vegetation (plants with cooling 
towers)'' as ``Cooling tower impacts on terrestrial plants''; it is a 
Category 1 issue. This issue concerns the potential impacts of cooling 
tower operation on terrestrial plants during the license renewal term. 
Terrestrial habitats near cooling towers can be exposed to 
particulates, such as salt, and can experience increased humidity, 
which can deposit water droplets or ice on vegetation; these effects 
can lead to structural damage and changes in plant communities.
    The NRC determined that the effects of cooling towers on 
terrestrial plants would be minor and would neither destabilize nor 
noticeably alter any important attribute of plant populations during 
the license renewal term (initial LR or SLR). The proposed rule would 
revise the finding column of Table B-1 for this issue to more clearly 
describe the scope of issues and resources considered and for 
consistency with other ecological resource issues.
    (31) Bird Collisions with Plant Structures and Transmission Lines--
``Bird collisions with plant structures and transmission lines'' is a 
Category 1 issue. This issue concerns the risk of birds colliding with 
plant structures and transmission lines during the license renewal 
term. Tall structures on nuclear power plant sites, such as cooling 
towers, meteorological towers, and transmission lines, create collision 
hazards for birds that can result in injury or death.
    The NRC determined that the risk of bird collisions with site 
structures would remain the same for a given nuclear power plant during 
the license renewal term (initial LR or SLR). Because the number of 
associated bird mortalities is small for any species, it is unlikely 
that losses would threaten the stability of local or migratory bird 
populations or result in a noticeable impairment of the function of a 
species within the ecosystem. The proposed rule would revise the 
finding column of Table B-1 for this issue to more clearly describe the 
scope of issues and resources considered and for consistency with other 
ecological resource issues.
    (32) Water Use Conflicts with Terrestrial Resources (Plants with 
Cooling Ponds or Cooling Towers Using Makeup Water from a River)--
``Water use conflicts with terrestrial resources (plants with cooling 
ponds or cooling towers using makeup water from a river)'' is a 
Category 2 issue. This issue concerns water use conflicts that may 
arise at nuclear power plants with cooling ponds or cooling towers that 
withdraw makeup water from a river and how those conflicts could affect 
terrestrial resources during the license renewal term.
    Nuclear power plant cooling systems may compete with other users 
relying on surface water resources, including downstream municipal, 
agricultural, or industrial users. For plants using cooling towers, 
while the volume of surface water withdrawn is substantially less than 
once-through systems for a similarly sized nuclear power plant, the 
makeup water needed to replenish the consumptive loss of water to 
evaporation can be significant. Cooling ponds also require makeup 
water. Water use conflicts with terrestrial resources, especially 
riparian communities, could occur when water that supports these 
resources is diminished by a combination of anthropogenic uses.

[[Page 13338]]

    The NRC identified water use conflicts with terrestrial resources 
at only one nuclear power plant. That nuclear power plant operator 
developed and implemented a water level management plan, which 
effectively mitigated the effects that downstream riparian communities 
might experience from the plant's cooling water withdrawals.
    The NRC determined that water use conflicts during the license 
renewal term (initial LR or SLR) depend on numerous site-specific 
factors, including the ecological setting of the plant; the consumptive 
use of other municipal, agricultural, or industrial water users; and 
the plants and animals present in the area. Water use conflicts with 
terrestrial resources would be small at most nuclear power plants with 
cooling ponds or cooling towers that withdraw makeup from a river but 
may be moderate or large at some plants.
    The proposed rule would revise the finding column of Table B-1 for 
this issue to more clearly describe the scope of issues and resources 
considered and for consistency with other ecological resource issues.
    (33) Transmission Line Right-Of-Way (ROW) Management Impacts on 
Terrestrial Resources--``Transmission line right-of-way (ROW) 
management impacts on terrestrial resources'' is a Category 1 issue. 
This issue concerns the effects of transmission line ROW management on 
terrestrial plants and animals during the license renewal term (initial 
LR or SLR).
    Utilities maintain transmission line ROWs so that the ground cover 
is composed of low-growing herbaceous or shrubby vegetation and 
grasses. Noise and general human disturbance during ROW management can 
temporarily disturb wildlife and affect their behaviors. Most nuclear 
power plants maintain procedures to minimize or mitigate the potential 
impacts of ROW management. The scope of transmission lines relevant to 
license renewal include only the lines that connect the nuclear power 
plant to the first substation that feeds into the regional power 
distribution system. Typically, the first substation is located on the 
nuclear power plant property within the primary industrial-use area or 
other developed portion of the plant site. Therefore, effects on 
terrestrial plants and animals are generally negligible.
    The proposed rule would revise the finding column of Table B-1 for 
this issue to more clearly describe the scope of issues and resources 
considered and for consistency with other ecological resource issues.
    (34) Electromagnetic Field Effects on Terrestrial Plants and 
Animals--The proposed rule would rename ``Electromagnetic fields on 
flora and fauna (plants, agricultural crops, honeybees, wildlife, 
livestock)'' as ``Electromagnetic field effects on terrestrial plants 
and animals'' for clarity; it is a Category 1 issue. This issue 
concerns the effects of electromagnetic fields (EMFs) generated by 
electric transmission lines at nuclear power plants on terrestrial 
plants and animals, including agricultural crops, honeybees, wildlife, 
and livestock, during the license renewal term (initial LR or SLR). 
Studies investigating the effects of EMFs produced by operating 
transmission lines up to 1,100 kV have generally not detected any 
ecologically significant impact on terrestrial plants and animals. 
Plants and animals near transmission lines have been exposed to many 
years of transmission line operation and associated EMFs. The scope of 
transmission lines relevant to license renewal include only the lines 
that connect the nuclear power plant to the first substation that feeds 
into the regional power distribution system. Therefore, the effects of 
EMFs on terrestrial plants and animals are generally negligible.
    The proposed rule would revise the finding column of Table B-1 for 
this issue to more clearly describe the scope of issues and resources 
considered and for consistency with other ecological resource issues.
(ix) Aquatic Resources
    (35) Impingement Mortality and Entrainment of Aquatic Organisms 
(Plants with Once-Through Cooling Systems or Cooling Ponds)--The 
proposed rule would combine a Category 2 issue, ``Impingement and 
entrainment of aquatic organisms (plants with once-through cooling 
systems or cooling ponds)'' and the impingement component of a Category 
1 issue, ``Losses from predation, parasitism, and disease among 
organisms exposed to sublethal stresses,'' into one Category 2 issue, 
``Impingement mortality and entrainment of aquatic organisms (plants 
with once-through cooling systems or cooling ponds).'' This issue 
pertains to impingement mortality and entrainment of finfish and 
shellfish at nuclear power plants with once-through cooling systems and 
cooling ponds during the license renewal term (initial LR or SLR). This 
includes plants with helper cooling towers that are seasonally operated 
to reduce thermal load to the receiving water body, reduce entrainment 
during peak spawning periods, or reduce consumptive water use during 
periods of low river flow.
    In the draft revised LR GEIS, the NRC renamed the issue to include 
impingement mortality, rather than simply impingement. This change is 
consistent with the EPA's 2014 CWA Section 316(b) regulations and the 
EPA's assessment that impingement reduction technology is available, 
feasible, and has been demonstrated to be effective. Additionally, the 
EPA's 2014 CWA Section 316(b) regulations establish best technology 
available (BTA) standards for impingement mortality based on the fact 
that survival is a more appropriate metric for determining 
environmental impact than simply looking at total impingement. 
Therefore, the draft revised LR GEIS also consolidates the impingement 
component of the ``Losses from predation, parasitism, and disease among 
organisms exposed to sublethal stresses'' issue, for plants with once-
through cooling systems or cooling ponds, into this issue.
    As a result of the 2014 CWA Section 316(b) regulations, nuclear 
power plants must submit detailed information about their cooling water 
intake systems as part of NPDES permit renewal applications to inform 
the permitting authority's BTA determination. Some nuclear power plants 
have received final BTA determinations under the 2013 CWA Section 
316(b) regulations. Many others have submitted the required information 
and are awaiting final determinations. The NRC expects that most 
operating nuclear power plants will have final BTA determinations 
within the next several years.
    When available, the NRC relies on the expertise and authority of 
the NPDES permitting authority with respect to the impacts of 
impingement mortality and entrainment. Therefore, if the NPDES 
permitting authority has made BTA determinations for a nuclear power 
plant pursuant to CWA Section 316(b) and that plant has implemented any 
associated requirements or those requirements would be implemented 
before the license renewal period, then the NRC assumes that adverse 
impacts on the aquatic environment would be minimized. In such cases, 
the NRC concludes that the impacts of either impingement mortality, 
entrainment, or both would generally be small over the course of the 
initial LR or SLR term. In cases where the NPDES permitting authority 
has not made BTA determinations, the NRC analyzes the potential impacts 
of impingement mortality, entrainment, or both using a weight-of-
evidence approach and

[[Page 13339]]

determines the level of impact (small, moderate, or large) that the 
aquatic environment is likely to experience over the course of the 
license renewal term.
    The potential effects of impingement mortality and entrainment 
during the license renewal term depend on numerous plant-specific 
factors, including the ecological setting of the plant; the 
characteristics of the cooling system; and the characteristics of the 
fish, shellfish, and other aquatic organisms present in the area (e.g., 
life history, distribution, population trends, management objectives, 
etc.). Additionally, whether the NPDES permitting authority has made 
BTA determinations pursuant to CWA Section 316(b) and whether the 
nuclear power plant operator has implemented any associated 
requirements is also a relevant factor.
    (36) Impingement Mortality and Entrainment of Aquatic Organisms 
(Plants with Cooling Towers)--The proposed rule would combine a 
Category 1 issue, ``Impingement and entrainment of aquatic organisms 
(plants with cooling towers),'' and the impingement component of a 
Category 1 issue, ``Losses from predation, parasitism, and disease 
among organisms exposed to sublethal stresses,'' into one Category 1 
issue, ``Impingement mortality and entrainment of aquatic organisms 
(plants with cooling towers).'' The issue pertains to impingement 
mortality and entrainment of finfish and shellfish at nuclear power 
plants with cooling towers that operate on a fully closed-cycle mode.
    In the draft revised LR GEIS, the NRC changed the title of this 
issue to include impingement mortality, rather than simply impingement. 
This change is consistent with the EPA's 2014 CWA Section 316(b) 
regulations and because assessing survival of impinged organisms is a 
more appropriate metric for determining environmental impact than 
simply looking at total impingement. Therefore, this draft revised LR 
GEIS also consolidates into this issue the impingement component of the 
issue of ``Losses from predation, parasitism, and disease among 
organisms exposed to sublethal stresses,'' for plants with cooling 
towers.
    In the 2013 LR GEIS, the NRC found that that impingement and 
entrainment of finfish and shellfish at plants with cooling towers 
operated in a fully closed-cycle mode did not result in noticeable 
effects on finfish or shellfish populations within source water bodies, 
and this impact was not expected to be an issue during the license 
renewal term. This finding is further supported by the EPA's 2014 CWA 
Section 316(b) regulations for existing facilities, which state that 
the operation of a closed-cycle recirculating system is an essentially 
preapproved technology for achieving impingement mortality BTA.
    The 2013 LR GEIS considered that impingement may result in 
sublethal effects that could increase the susceptibility of fish or 
finfish to predation, disease, or parasitism. However, only once-
through cooling systems were anticipated to be of concern for this 
issue as the lower volume of water required by nuclear power plants 
with cooling towers that operate in a fully closed-cycle mode would 
minimize this potential effect. The NRC does not expect secondary 
effects of impingement to be of concern during the license renewal term 
(initial LR or SLR) at nuclear power plants with cooling towers, and 
sublethal effects of entrainment do not apply.
    In considering the effects of impingement mortality and entrainment 
of closed-cycle cooling systems on aquatic ecology, the NRC evaluated 
the same issues that were evaluated for nuclear power plants with once-
through cooling systems or cooling ponds. No significant impacts on 
aquatic populations have been reported at any existing nuclear power 
plants with cooling towers operating in a closed-cycle mode. As part of 
obtaining BTA determinations under CWA 316(b), permitting authorities 
may require some nuclear power plant licensees to implement additional 
plant-specific controls to reduce impingement mortality and 
entrainment. Implementation of such controls would further reduce or 
mitigate impingement mortality and entrainment during the license 
renewal term. The NRC determined that the impacts of impingement 
mortality and entrainment on aquatic organisms during the license 
renewal term (initial LR or SLR) would be small for nuclear power 
plants with cooling towers operated in a fully closed-cycle mode. 
Therefore, the combined issue is a Category 1 issue. The proposed rule 
would revise the finding column of Table B-1 accordingly.
    (37) Entrainment of Phytoplankton and Zooplankton--The proposed 
rule would rename ``Entrainment of phytoplankton and zooplankton (all 
plants)'' as ``Entrainment of phytoplankton and zooplankton''; it is a 
Category 1 issue. The NRC found that the effects of entrainment of 
phytoplankton and zooplankton would be minor and would neither 
destabilize nor noticeably alter any important attribute of populations 
of these organisms in source water bodies during the license renewal 
term (initial LR or SLR) of any nuclear power plants. As part of 
obtaining the BTA entrainment determinations under Section 316(b) of 
the CWA (33 U.S.C. 1251 et seq.), permitting authorities may require 
some nuclear power plants to implement additional site-specific 
controls to reduce entrainment. Implementation of such controls would 
further reduce or mitigate entrainment of phytoplankton and 
zooplankton.
    The proposed rule would revise the finding column of Table B-1 for 
this issue to clarify the scope of issues and resources considered and 
indicate that the entrainment of phytoplankton and zooplankton would be 
mitigated through adherence to NPDES permit conditions established 
pursuant to CWA Section 316(b).
    (38) Effects of Thermal Effluents on Aquatic Organisms (Plants with 
Once-Through Cooling Systems or Cooling Ponds)--The proposed rule would 
rename ``Thermal impacts on aquatic organisms (plants with once-through 
cooling systems or cooling ponds)'' as ``Effects of thermal effluents 
on aquatic organisms (plants with once-through cooling systems or 
cooling ponds)'' for clarity and consistency with other ecological 
resource titles; it is a Category 2 issue.
    This issue pertains to acute, sublethal, and community-level 
effects of thermal effluents on finfish and shellfish from operation of 
nuclear power plants with once-through cooling systems and cooling 
ponds during the license renewal term (initial LR or SLR). The NRC 
determined that the effects of thermal effluents on aquatic organisms 
would be small at many nuclear power plants with once-through cooling 
systems or ponds, but that these impacts could be moderate or large at 
some plants. The potential effects of thermal effluent discharges 
depend on numerous site-specific factors, including the ecological 
setting of the plant, the characteristics of the cooling system and 
effluent discharges, and the characteristics of the fish, shellfish, 
and other aquatic organisms present in the area. Additionally, whether 
the NPDES permitting authority has granted a CWA Section 316(a) 
variance is also a relevant factor.
    The proposed rule would revise the finding column of Table B-1 for 
this issue to clarify the scope of issues and resources considered and 
for consistency with other ecological resources issues.
    (39) Effects of Thermal Effluents on Aquatic Organisms (Plants with 
Cooling Towers)--The proposed rule would

[[Page 13340]]

rename ``Thermal impacts on aquatic organisms (plants with cooling 
towers)'' as ``Effects of thermal effluents on aquatic organisms 
(plants with cooling towers)'' for clarity and consistency with other 
ecological resource issue titles; it is a Category 1 issue.
    This issue pertains to acute, sublethal, and community-level 
effects of thermal effluents on finfish and shellfish from operation of 
nuclear power plants with cooling towers operated in a fully closed-
cycle mode. The NRC found that the effects of thermal effluents on 
aquatic organisms at plants with cooling towers would be minor and 
would neither destabilize nor noticeably alter any important attributes 
of aquatic populations in receiving water bodies. As part of obtaining 
a variance under CWA Section 316(a), permitting authorities may impose 
conditions concerning thermal effluent discharges at some nuclear power 
plants. Implementation of such conditions would further reduce or 
mitigate thermal impacts during the license renewal term (initial LR or 
SLR).
    The proposed rule would revise the finding column of Table B-1 for 
this issue to clarify the scope of issues and resources considered and 
for consistency with other ecological resources issues.
    (40) Infrequently Reported Effects of Thermal Effluents--The 
proposed rule would combine two Category 1 issues, ``Infrequently 
reported thermal impacts (all plants)'' and ``Effects of cooling water 
discharge on dissolved oxygen, gas supersaturation, and 
eutrophication,'' with the thermal effluent component of a Category 1 
issue, ``Losses from predation, parasitism, and disease among organisms 
exposed to sublethal stresses,'' into one Category 1 issue, 
``Infrequently reported effects of thermal effluents.'' This issue 
pertains to interrelated and infrequently reported effects of thermal 
effluents, to include cold shock, thermal migration barriers, 
accelerated maturation of aquatic insects, and proliferated growth of 
aquatic nuisance species, as well as the effects of thermal effluents 
on dissolved oxygen, gas supersaturation, and eutrophication. This 
issue also considers sublethal stresses associated with thermal 
effluents that can increase the susceptibility of exposed organisms to 
predation, parasitism, or disease. As discussed below, these effects 
are not a concern for license renewal (initial LR or SLR).
    At nuclear power plants, cold shock can occur during refueling 
outages, reductions in power generation level, or other situations that 
would quickly reduce the amount of cooling capacity required at the 
plant. The 1996 LR GEIS reported that cold shock events have only 
rarely occurred at nuclear power plants. No cold shock events have been 
reported since the events described in the 1996 LR GEIS occurred, and 
no noticeable or detectable impacts on aquatic populations have been 
reported at any existing nuclear power plants.
    Thermal effluents have the potential to create migration barriers 
if the thermal plume covers an extensive cross-sectional area of a 
river and temperatures within the plume exceed a species' physiological 
tolerance limit. This impact has been examined at several nuclear power 
plants, but it has not been determined to result in observable effects.
    The 1996 and 2013 LR GEISs determined that the heated effluents of 
nuclear power plants could accelerate the maturation of aquatic insects 
in freshwater systems and cause premature emergence. The maturation and 
emergence of aquatic insects are often closely associated with water 
temperature regimes. To date, thermal effluents of nuclear power plants 
have resulted in no noticeable or detectable impacts on the life cycles 
of aquatic insects.
    The 1996 and 2013 LR GEISs also determined that heated effluents 
could proliferate the growth of aquatic nuisance organisms. Aquatic 
nuisance species are organisms that disrupt the ecological stability of 
infested inland (e.g., rivers and lakes), estuarine, or marine waters. 
No noticeable or detectable impacts on aquatic populations have been 
reported at any existing nuclear power plants related to this issue. 
The NRC has identified no other concerns about nuisance aquatic 
organisms associated with nuclear power plant thermal effluents.
    Aerobic organisms, such as fish, require oxygen, and the 
concentration of dissolved oxygen in a water body is one of the most 
important ecological water quality parameters. The thermal effluent 
discharges of nuclear power plants have the potential to stress aquatic 
organisms by simultaneously increasing these organisms' need for oxygen 
and decreasing oxygen availability. Although the thermal effluents of 
nuclear power plants may contribute to reduced dissolved oxygen in the 
immediate vicinity of the discharge point, as the effluent disperses, 
diffusion and aeration from turbulent movement introduces additional 
oxygen into the water. No noticeable or detectable impacts on aquatic 
populations have been reported at any existing nuclear power plants 
related to oxygen availability.
    Rapid heating of cooling water can also affect the solubility and 
saturation point of other dissolved gases, including nitrogen, 
resulting in a state where condenser cooling water becomes 
supersaturated with gases. Once the supersaturated water is discharged 
in the receiving water body, dissolved gas levels equilibrate as the 
effluent cools and mixes with ambient water. This process is of concern 
if aquatic organisms remain in the supersaturated effluent for a long 
enough period to become equilibrated to the increased pressure 
associated with the effluent. If these organisms then move into water 
of lower pressure too quickly when, for example, swimming out of the 
thermal effluent or diving to depths, the dissolved gases within the 
affected tissues may come out of solution and form embolisms (bubbles). 
The resulting condition is known as gas bubble disease, and fish 
mortality from gas bubble disease has been observed at one nuclear 
power plant. That nuclear power plant operator installed a barrier net 
to prevent fish from entering the discharge canal, and no such events 
occurred again following implementation of this mitigation. No 
noticeable or detectable impacts on aquatic populations have been 
reported at any other nuclear power plants related to gas 
supersaturation.
    An early concern about nuclear power plant discharges was that 
thermal effluents would cause or speed eutrophication by stimulating 
biological productivity in receiving water bodies. Several nuclear 
power plants that conducted long-term monitoring to investigate this 
potential effect did not detect any evidence of eutrophication.
    Fish and shellfish that are exposed to the thermal effluent of a 
nuclear power plant may experience stunning, disorientation, or injury. 
These sublethal effects can subsequently affect an organism's 
susceptibility to predation, parasitism, or disease. Since the 
publication of the 2013 LR GEIS, the NRC has determined that thermal 
effects on aquatic organisms at four nuclear power plants could be 
small to moderate during the license renewal term. At three of the four 
plants (i.e., Braidwood, LaSalle, and Turkey Point), these impacts were 
limited to species confined to cooling pond environments. In the fourth 
example (Peach Bottom), the adverse effects were found to be confined 
to a narrow band of shallow water habitat downstream of the discharge 
canal during the summer months. However, increased susceptibility to 
predation, parasitism,

[[Page 13341]]

or disease or predation resulting from exposure to thermal effluent was 
not found to be responsible for these small to moderate findings. 
Rather, these effects were attributed to other acute (i.e., heat shock) 
or community-level effects (i.e., reduced habitat availability or 
quality and reduced species diversity over time) of thermal effluents 
evaluated as part of the former Category 2 issue, ``Thermal impacts on 
aquatic organisms (plants with once-through cooling systems or cooling 
ponds),'' which would be renamed in this proposed rule.
    As described in the draft revised LR GEIS, the NRC determined that 
the infrequently reported effects of thermal effluents would be minor 
and would neither destabilize nor noticeably alter any important 
attribute of aquatic populations in receiving water bodies of any 
nuclear power plants during the license renewal term (initial LR or 
SLR). As part of obtaining a variance under CWA Section 316(a), 
permitting authorities may impose conditions through the NPDES permit 
process concerning thermal effluent discharges at some nuclear power 
plants. Implementation of such conditions would further reduce or 
mitigate thermal impacts during the license renewal term. The NRC 
concluded that infrequently reported effects of thermal effluents 
during the license renewal term would be small for all nuclear power 
plants. Therefore, the combined issue is a Category 1 issue. The 
proposed rule would revise the finding column of Table B-1 accordingly.
    (41) Effects of Nonradiological Contaminants on Aquatic Organisms--
``Effects of nonradiological contaminants on aquatic organisms'' is a 
Category 1 issue. This issue concerns the potential effects of 
nonradiological contaminants on aquatic organisms that could occur as a 
result of nuclear power plant operations during the license renewal 
term (initial LR or SLR). This issue was originally of concern because 
some nuclear power plants used heavy metals in condenser tubing that 
could leach from the tubing and expose aquatic organisms to these 
contaminants. Heavy metals have not been found to be of concern other 
than a few instances of copper contamination, and in all cases, the 
nuclear power plants eliminated leaching by replacing the affected 
piping.
    In addition to heavy metals, nuclear power plants often add 
biocides to cooling water to kill algae, bacteria, macroinvertebrates, 
and other organisms that could cause buildup in plant systems and 
structures. Nuclear power plants typically maintain site procedures 
that specify when and how to treat the cooling water system with such 
chemicals and best management practices to minimize impacts on the 
ecological environment. The NPDES permits mitigate potential effects of 
chemical effluents by limiting the allowable concentrations in effluent 
discharges to ensure the protection of the aquatic community within the 
receiving water body.
    The NRC determined that the effects of nonradiological contaminants 
on aquatic organisms would be minor and would neither destabilize nor 
noticeably alter any important attribute of populations of these 
organisms in source water bodies during license renewal terms of any 
nuclear power plants. Continued adherence of nuclear power plants to 
chemical effluent limitations established in NPDES permits would 
minimize the potential impacts of nonradiological contaminants on the 
aquatic environment. The proposed rule would revise the finding column 
of Table B-1 for this issue, to more clearly describe the scope of 
issues and resources considered and for consistency with other 
ecological resources issues.
    (42) Exposure of Aquatic Organisms to Radionuclides--``Exposure of 
aquatic organisms to radionuclides'' is a Category 1 issue. The 
proposed rule would make minor clarifying changes to the finding column 
of Table B-1 for this issue.
    (43) Effects of Dredging on Aquatic Resources--The proposed rule 
would rename ``Effects of dredging on aquatic organisms'' as ``Effects 
of dredging on aquatic resources''; it is a Category 1 issue. This 
issue concerns the effects of dredging on aquatic resources conducted 
to maintain the function or reliability of plant cooling systems during 
the license renewal term (initial LR or SLR).
    Any dredging performed would be infrequent and would require the 
nuclear power plant operators to obtain permits from the U.S. Army 
Corps of Engineers under CWA Section 404. Best management practices and 
conditions associated with these permits would minimize impacts on the 
ecological environment.
    The NRC determined that the effects of dredging on aquatic 
resources would be minor and would neither destabilize nor noticeably 
alter any important attribute of the aquatic environment during license 
renewal term at any nuclear power plant. The NRC assumes that nuclear 
power plant operators would continue to implement site environmental 
procedures and would obtain any necessary permits for dredging 
activities. Implementation of such controls would further reduce or 
mitigate potential effects. The proposed rule would revise the finding 
column of Table B-1 for this issue, to more clearly describe the scope 
of issues and resources considered and for consistency with other 
ecological resources issues.
    (44) Water Use Conflicts with Aquatic Resources (Plants with 
Cooling Ponds or Cooling Towers Using Makeup Water from a River)--
``Water use conflicts with aquatic resources (plants with cooling ponds 
or cooling towers using makeup water from a river)'' is a Category 2 
issue. This issue concerns water use conflicts that may arise at 
nuclear power plants with cooling ponds or cooling towers that use 
makeup water from a river and how those conflicts could affect aquatic 
resources during the license renewal term (initial LR or SLR). This 
issue also applies to nuclear power plants with hybrid cooling systems.
    Nuclear power plant cooling systems may compete with other users 
relying on surface water resources, including downstream municipal, 
agricultural, or industrial users. Water use conflicts with aquatic 
resources could occur when water that supports these resources is 
diminished by a combination of anthropogenic uses. To date, the NRC has 
identified water use conflicts with aquatic resources at only one 
nuclear power plant. The NRC concluded that water use conflicts would 
be small to moderate for this nuclear power plant. The plant operator 
developed and implemented a water level management plan which 
successfully mitigated water use conflicts. The NRC has identified no 
concerns about water use conflicts with aquatic resources at any other 
nuclear power plant with cooling ponds or cooling towers. The NRC 
concluded that water use conflicts with aquatic resources would be 
small at most nuclear power plants with cooling ponds or cooling towers 
that withdraw makeup water from a river but may be moderate at some 
plants.
    Water use conflicts during the license renewal term (initial LR or 
SLR) would depend on numerous site-specific factors including the 
ecological setting of the nuclear power plant; the consumptive use of 
other municipal, agricultural, or industrial water users; and the 
aquatic resources present in the area. The proposed rule would revise 
the finding column of Table B-1 for this issue, to more clearly 
describe the scope of issues and resources considered and

[[Page 13342]]

for consistency with other ecological resources issues.
    (45) Non-Cooling System Impacts on Aquatic Resources--The proposed 
rule would rename ``Effects on aquatic resources (non-cooling system 
impacts)'' as ``Non-cooling system impacts on aquatic resources''; it 
is a Category 1 issue. This issue concerns the effects of nuclear power 
plant operations on aquatic resources that are unrelated to the 
operation of the cooling system. Such activities include landscape and 
grounds maintenance, stormwater management, and ground-disturbing 
activities that could directly disturb aquatic habitat or cause runoff 
or sedimentation.
    Many nuclear power plant operators have developed site or fleet-
wide environmental review procedures that help workers identify and 
avoid impacts on the ecological environment when performing site 
activities. These procedures generally include checklists to help 
identify potential effects and required permits and best management 
practices to minimize the affected area. Proper implementation of 
environmental procedures and BMPs would minimize or mitigate potential 
effects on aquatic resources during the license renewal term. Many 
activities that could affect aquatic habitats would also require 
nuclear power plants to obtain Federal permits under CWA Section 404, 
which would include conditions to minimize or mitigate impacts on 
affected waterways.
    The NRC determined that the effects of site activities unrelated to 
cooling system operation would be minor and would neither destabilize 
nor noticeably alter any important attribute of the aquatic environment 
during the license renewal term of any nuclear power plants. The NRC 
assumes that nuclear power plants would continue to implement site 
environmental procedures and would obtain any necessary permits for 
activities that could affect waterways or aquatic features. The 
proposed rule would revise the finding column of Table B-1 for this 
issue, to more clearly describe the scope of issues and resources 
considered and for consistency with other ecological resources issues.
    (46) Impacts of Transmission Line Right-Of-Way (ROW) Management on 
Aquatic Resources--``Impacts of transmission line right-of-way (ROW) 
management on aquatic resources'' is a Category 1 issue. This issue 
concerns the effects of transmission line ROW management on aquatic 
plants and animals during the license renewal term.
    The transmission lines relevant to license renewal include only the 
lines that connect the nuclear power plant to the first substation that 
feeds into the regional power distribution system. Typically, the first 
substation is located on the nuclear power plant property within the 
primary industrial-use area and the in-scope transmission lines for 
license renewal tend to occupy only industrial-use or other developed 
portions of nuclear power plant sites. Therefore, effects on aquatic 
plants and animals are generally negligible.
    Most nuclear power plants maintain procedures to minimize or 
mitigate the potential impacts of ROW management. The NRC determined 
that the transmission line ROW maintenance impacts on aquatic resources 
during the license renewal term (initial LR or SLR) would be small for 
all nuclear power plants. The proposed rule would revise the finding 
column of Table B-1 for this issue, to more clearly describe the scope 
of issues and resources considered and for consistency with other 
ecological resources issues.
(x) Federally Protected Ecological Resources
    (47) Endangered Species Act: Federally Listed Species and Critical 
Habitats Under U.S. Fish and Wildlife Jurisdiction--The proposed rule 
would divide a Category 2 issue, ``Threatened, endangered, and 
protected species, critical habitat and essential fish habitat,'' into 
three separate Category 2 issues, for clarity and consistency with the 
separate Federal statues and interagency consultation requirements that 
the NRC must consider with respect to Federally protected ecological 
resources. When combined, the scope of the three issues is the same as 
the scope of the former ``Threatened, endangered, and protected 
species, critical habitat and essential fish habitat'' issue discussed 
in the 2013 LR GEIS.
    The first of the three issues, ``Endangered Species Act: federally 
listed species and critical habitats under U.S. Fish and Wildlife 
jurisdiction,'' concerns the potential effects of continued nuclear 
power plant operation and any refurbishment during the license renewal 
term on federally listed species and critical habitats protected under 
the Endangered Species Act (ESA) and under the jurisdiction of the U.S. 
Fish and Wildlife Service (FWS).
    Under the ESA, the FWS is responsible for listing and managing 
terrestrial and freshwater species and designating critical habitat for 
these species. Continued operation of a nuclear power plant during the 
license renewal term could affect these species and their habitat. 
Listed species are likely to occur near all operating nuclear power 
plants. However, the potential for a given species to occur in the 
action area of a specific nuclear power plant depends on the life 
history, habitat requirements, and distribution of the species and the 
ecological environment present on or near the plant site.
    The NRC may be required to consult with FWS under ESA Section 
7(a)(2); such consultations are required for license renewal actions 
that ``may affect'' federally listed species and critical habitats and 
to ensure that the actions do not jeopardize the continued existence of 
those species or destroy or adversely modify those habitats.
    The potential effects of continued nuclear power plant operation 
and any refurbishment during the license renewal term depends upon 
numerous site-specific factors, including the ecological setting of the 
plant; the listed species and critical habitats present in the action 
area; and the plant-specific factors related to operations, including 
water withdrawal, effluent discharges, and refurbishment and other 
ground-disturbing activities. Listing status is not static, and FWS 
frequently issues new rules to list or delist species and designate or 
remove critical habitats. Therefore, a generic determination of 
potential impacts on listed species and critical habitats under FWS 
jurisdiction during a nuclear power plant's license renewal term 
(initial LR or SLR) is not possible. The NRC would perform a plant-
specific impact assessment for each license renewal environmental 
review to determine the potential effects on these resources and 
consult with the FWS, as appropriate. Consequently, this is a Category 
2 issue.
    (48) Endangered Species Act: Federally Listed Species and Critical 
Habitats Under National Marine Fisheries Service Jurisdiction--The 
second of the three issues from the prior Category 2 issue on federally 
protected species, ``Endangered Species Act: federally listed specifies 
and critical habitats under National Marine Fisheries Service 
jurisdiction,'' concerns the potential effects of continued nuclear 
power plant operation and any refurbishment during the license renewal 
term on federally listed species and critical habitats protected under 
the ESA and under the jurisdiction of the National Marine Fisheries 
Service (NMFS).
    Under the ESA, NMFS is responsible for listing and managing marine 
and anadromous species and designating critical habitat of these 
species. Continued operation of a nuclear power

[[Page 13343]]

plant and any refurbishment during the license renewal term could 
affect these species and their habitat. The potential for a given 
species to occur in the action area of a specific nuclear power plant 
depends on the life history, habitat requirements, and distribution of 
that species and the ecological environment present on or near the 
power plant site. In general, listed species and critical habitats 
under NMFS jurisdiction are only of concern at nuclear power plants 
that withdraw or discharge from estuarine or marine waters. However, 
anadromous listed species under NMFS jurisdiction may be seasonally 
present in the action area of plants located within freshwater reaches 
of rivers well upstream of the saltwater interface.
    The potential effects of continued nuclear power plant operation 
and any refurbishment during the license renewal term depend on 
numerous site-specific factors, including the ecological setting of the 
plant; the listed species and critical habitats present in the action 
area; and plant-specific factors related to operations, including water 
withdrawal, effluent discharges, and refurbishment and other ground-
disturbing activities. Section 7(a)(2) of the ESA requires that Federal 
agencies consult with NMFS for actions that ``may affect'' federally 
listed species and critical habitats. Additionally, listing status is 
not static, and NMFS frequently issue new rules to list or delist 
species and designate or remove critical habitats. Therefore, a generic 
determination of potential impacts on listed species and critical 
habitats under NMFS jurisdiction during a nuclear power plant's license 
renewal term (initial LR or SLR) is not possible. The NRC would perform 
a plant-specific impact assessment for each license renewal 
environmental review to determine the potential effects on these 
resources and consult with NMFS, as appropriate. Consequently, this is 
a Category 2 issue.
    (49) Magnuson-Stevens Act: Essential Fish Habitat--The last of the 
three issues from the prior Category 2 issue on federally protected 
species, ``Magnuson-Stevens Act: essential fish habitat,'' concerns the 
potential effects of continued nuclear power plant operation and any 
refurbishment during the license renewal term on essential fish habitat 
(EFH) protected under the Magnuson-Stevens Fishery Conservation and 
Management Act (i.e., Magnuson-Stevens Act (MSA)).
    Under the MSA, the Fishery Management Councils, in conjunction with 
NMFS, designate areas of EFH and manage marine resources within those 
areas. Within EFH, habitat areas of particular concern (HAPCs) may be 
designated if the area meets certain additional criteria. Continued 
operation of a nuclear power plant and any refurbishment during the 
license renewal term could affect EFH, including HAPCs. The NRC may be 
required to consult with NMFS under MSA Section 305(b). In cases where 
adverse effects on EFH are possible, the NRC has engaged NMFS in EFH 
consultation as part of the plant-specific license renewal 
environmental review and obtained EFH conservation recommendations.
    The potential effects of continued nuclear power plant operation 
and any refurbishment during the license renewal term depends upon 
numerous site-specific factors, including the ecological setting of the 
plant; the EFH present in the action area, including HAPCs; and plant-
specific factors related to operations, including water withdrawal, 
effluent discharges, and any other activities that may affect aquatic 
habitats during the license renewal term. Section 305(b) of the MSA 
requires that Federal agencies consult with NMFS for actions that may 
adversely affect EFH. Additionally, EFH status is not static. The NMFS 
and the Fishery Management Councils frequently update management plans 
for EFH species and issue new rules to designate or modify EFH and 
HAPCs. Therefore, a generic determination of potential impacts on EFH 
during a nuclear power plant's license renewal term (initial LR or SLR) 
is not possible. The NRC would perform a plant-specific impact 
assessment as part of each license renewal environmental review to 
determine the potential effects on these resources and consult with 
NMFS, as appropriate. Consequently, this is a Category 2 issue.
    (50) National Marine Sanctuaries Act: Sanctuary Resources--The 
proposed rule would add this as a new Category 2 issue, ``National 
Marine Sanctuaries Act: sanctuary resources,'' to evaluate the concerns 
of the potential effects of continued nuclear power plant operation and 
any refurbishment during the license renewal term on sanctuary 
resources protected under the National Marine Sanctuaries Act (NMSA).
    Under the NMSA, the National Oceanic and Atmospheric 
Administration's (NOAA) Office of National Marine Sanctuaries (ONMS) 
designates and manages the National Marine Sanctuary System. Marine 
sanctuaries may occur near nuclear power plants located on or near 
marine waters as well as the Great Lakes. Currently, five operating 
nuclear power plants are located near designated or proposed national 
marine sanctuaries.
    The potential impacts on marine sanctuaries are broad-ranging 
because such resources include any living or nonliving resource of a 
national marine sanctuary. With respect to ecological sanctuary 
resources, potential effects of particular concern include the 
following: (1) impingement (including entrapment) and entrainment, (2) 
thermal effects, (3) exposure to radionuclides and other contaminants, 
(4) reduction in available food resources due to impingement mortality 
and entrainment or thermal effects on prey species, and (5) effects 
associated with maintenance dredging. Additionally, the magnitude and 
significance of such impacts can be greater for sanctuary resources 
because--by virtue of being part of a national marine sanctuary--these 
resources are more sensitive to environmental stressors. Based on the 
foregoing, a generic determination of potential impacts on sanctuary 
resources during a nuclear power plant's license renewal term (initial 
LR or SLR) is not possible.
    Depending on the NRC's effect determinations, the NRC may be 
required to consult with ONMS under NMSA Section 304(d). The NMSA 
consultation is required when a Federal agency determines that an 
action ``is likely to destroy, cause the loss of, or injure'' a 
sanctuary resource. Federal actions subject to consultation may be 
inside or outside the boundary of a national marine sanctuary.
    In summary, the potential effects of continued nuclear power plant 
operation during the license renewal term depends upon numerous site-
specific factors, including the ecological setting of the plant; the 
sanctuary resources present in the action area; and plant-specific 
factors related to operations, including water withdrawal, effluent 
discharges, and any other activities that may affect sanctuary 
resources during the license renewal term. Section 304(d) of the NMSA 
requires that Federal agencies consult with the ONMS for actions that 
may injure sanctuary resources. Additionally, national marine sanctuary 
status is not static. The geographic extent of existing sanctuaries may 
change or expand in the future, and NOAA is likely to designate new 
sanctuaries as additional areas of conservation need are identified and 
assessed. Therefore, a generic determination of potential impacts on 
sanctuary resources during a nuclear power plant's license renewal term 
(initial LR or SLR) is not possible. The NRC would perform a site-
specific

[[Page 13344]]

impact assessment as part of each license renewal environmental review 
to determine the potential effects on these resources and consult with 
NMFS, as appropriate. Consequently, this new issue is being established 
as a plant-specific, or Category 2, issue.
(xi) Historic and Cultural Resources
    (51) Historic and Cultural Resources--``Historic and cultural 
resources'' is a Category 2 issue. The proposed rule would revise the 
finding column of Table B-1 for this issue to make clarifying changes 
and include a discussion of impacts on cultural resources that are not 
eligible for or listed in the National Register of Historic Places that 
would also need to be considered during plant-specific license renewal 
environmental reviews.
(xii) Socioeconomics
    (52) Employment and Income, Recreation and Tourism--``Employment 
and income, recreation and tourism'' is a Category 1 issue. There are 
no changes to the finding column of Table B-1 for this issue.
    (53) Tax Revenue--The proposed rule would rename ``Tax revenues'' 
as ``Tax revenue''; it is a Category 1 issue. There are no changes to 
the finding column of Table B-1 for this issue.
    (54) Community Services and Education, (55) Population and Housing, 
and (56) Transportation--``Community services and education,'' 
``Population and housing,'' and ``Transportation'' are Category 1 
issues. There are no changes to the finding column of Table B-1 for 
these issues.
(xiii) Human Health
    (57) Radiation Exposures to Plant Workers and (58) Radiation 
Exposures to the Public--``Radiation exposures to plant workers'' and 
``Radiation exposures to the public'' are Category 1 issues. There are 
no changes to the finding column of Table B-1 for these issues.
    (59) Chemical Hazards--The proposed rule would rename ``Human 
health impact from chemicals'' as ``Chemical hazards'' for clarity and 
to reflect the fact that chemicals can have environmental effects 
beyond human health. Chemical hazards can have immediate human health 
effects as well as potential environmental impacts from nuclear power 
plant discharges and chemical spills. This issue is a Category 1 issue. 
There are no changes to the finding column of Table B-1 for this issue.
    (60) Microbiological Hazards to Plant Workers--``Microbiological 
hazards to plant workers'' is a Category 1 issue. There are no changes 
to the finding column of Table B-1 for this issue.
    (61) Microbiological Hazards to the Public--The proposed rule would 
rename ``Microbiological hazards to the public (plants with cooling 
ponds or canals or cooling towers that discharge to a river)'' as 
``Microbiological hazards to the public'' because this issue is a 
concern wherever receiving waters are accessible to the public and as 
changes in microbial populations and in the public use of water bodies 
might occur over time. Specifically, members of the public could be 
exposed to microorganisms in thermal effluents at nuclear power plants 
that use cooling ponds, lakes, or canals and discharge to any waters of 
the United States accessible to the public. This issue is a Category 2 
issue. The proposed rule would revise the finding column of Table B-1 
for this issue for clarity and to indicate that thermophilic 
microorganisms are a concern wherever waters receiving thermal 
effluents are accessible to the public.
    (62) Electromagnetic Fields (EMFs)--The proposed rule would rename 
``Chronic effects of electromagnetic fields (EMFs)'' as 
``Electromagnetic fields (EMFs)'' for clarity because this issue 
considers effects beyond those that are chronic in nature. This issue 
is an uncategorized issue. There are no changes to the finding column 
of Table B-1 for this issue.
    (63) Physical Occupational Hazards--``Physical occupational 
hazards'' is a Category 1 issue. There are no changes to the finding 
column of Table B-1 for this issue.
    (64) Electric Shock Hazards--``Electric shock hazards'' is a 
Category 2 issue. There are no changes to the finding column of Table 
B-1 for this issue.
(xiv) Postulated Accidents
    (65) Design-Basis Accidents--``Design-basis accidents'' is a 
Category 1 issue. There are no changes to the finding column of Table 
B-1 for this issue.
    (66) Severe Accidents--The proposed rule would reclassify the 
Category 2 ``Severe accidents'' issue as a Category 1 issue. In the 
2013 LR GEIS, the issue of severe accidents was classified as a 
Category 2 issue to the extent that only alternatives to mitigate 
severe accidents must be considered for all nuclear power plants where 
the licensee had not previously performed a severe accident mitigation 
alternatives (SAMA) analysis for the plant. In the draft revised LR 
GEIS, the NRC notes that this issue will be resolved generically for 
the vast majority, if not all, expected license renewal applicants 
because the applicants who will likely reference the LR GEIS have 
previously completed a SAMA analysis. The NRC provides a technical 
basis further supporting this conclusion in Appendix E of the draft 
revised LR GEIS. Although the NRC does not anticipate any license 
renewal applications for nuclear power plants for which a previous 
severe accident mitigation design alternative or SAMA analysis has not 
been performed, alternatives to mitigate severe accidents must be 
considered for all plants that have not considered such alternatives 
and would be the functional equivalent of a Category 2 issue requiring 
site-specific analysis.
    In license renewal applications, both internal and external events 
were considered for impacts from reactor accidents at full power when 
assessing SAMAs. The impacts of all new information in the draft 
revised LR GEIS were found to not contribute sufficiently to the 
environmental impacts to warrant further SAMA analysis because the 
likelihood of finding cost-effective significant plant improvements is 
small. This further analysis confirms the Commission's expectation that 
further SAMA analysis would not be necessary for plants that have 
already completed one.
    With regard to the severe accident impact finding, the NRC reviewed 
information from SEISs for both initial LR and SLR reviews completed 
since development of the 2013 LR GEIS and identified no new information 
or situations that would result in different impacts for this issue. 
The NRC's review of new information determined that the overall risk 
posed by severe accidents is less than originally stated in the 1996 LR 
GEIS by a significant margin. Therefore, the NRC concluded that the 
probability-weighted consequences of severe accidents during the 
initial LR or SLR terms are small. The proposed rule revises the 
finding column in Table B-1 for this issue to reflect the fact that the 
probability-weighted consequences of severe accidents remain small.
(xv) Environmental Justice
    (67) Impacts on Minority Populations, Low-Income Populations, and 
Indian Tribes--The proposed rule would rename ``Minority and low-income 
populations'' as ``Impacts on minority populations, low-income 
populations, and Indian Tribes'' \5\ to reflect the scope

[[Page 13345]]

of environmental justice concerns addressed in this issue. Continued 
reactor operations during the license renewal term and refurbishment 
activities at a nuclear power plant could affect land, air, water, and 
ecological resources, which could result in human health or 
environmental effects. Consequently, minority and low-income 
populations and Indian Tribes could be disproportionately affected. The 
environmental justice impact analysis determines whether human health 
or environmental effects from continued reactor operations and 
refurbishment activities at a nuclear power plant would 
disproportionately affect a minority population, low-income population, 
or Indian Tribe and whether these effects may be high and adverse.
---------------------------------------------------------------------------

    \5\ The term ``Indian Tribes'' refers to Federally recognized 
Tribes as acknowledged by the Secretary of the Interior pursuant to 
the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
479a). Environmental justice communities can also include State-
recognized Tribes, those that self-identify as Indian Tribes, and 
tribal members. Tribal members can be part of an environmental 
justice community that has different interests and concerns than a 
Tribal government.
---------------------------------------------------------------------------

    The NRC determined that environmental justice impacts during the 
license renewal term (initial LR or SLR) are unique to each nuclear 
power plant. Therefore, the issue is a Category 2 issue. The proposed 
rule would revise the finding column of Table B-1 for this issue to add 
Indian Tribes and subsistence consumption to the scope of the finding 
and to make other minor clarifications.
(xvi) Waste Management
    (68) Low-Level Waste Storage and Disposal, (69) Onsite Storage of 
Spent Nuclear Fuel, (70) Offsite Radiological Impacts of Spent Nuclear 
Fuel and High-Level Waste Disposal, (71) Mixed-Waste Storage and 
Disposal, and (72) Nonradioactive Waste Storage and Disposal--``Low-
level waste storage and disposal,'' ``Onsite storage of spent nuclear 
fuel,'' ``Offsite radiological impacts of spent nuclear fuel and high-
level waste disposal,'' ``Mixed-waste storage and disposal,'' and 
``Nonradioactive waste storage and disposal'' are Category 1 issues. 
There are no changes to the finding column of Table B-1 for these 
issues.
(xvii) Greenhouse Gas Emissions and Climate Change
    (73) Greenhouse Gas Impacts on Climate Change--The proposed rule 
would add a new Category 1 issue, ``Greenhouse gas impacts on climate 
change,'' that evaluates the greenhouse gas (GHG) impacts on climate 
change associated with continued operation and refurbishment. The issue 
of greenhouse gas emissions on climate change was not considered in the 
2013 LR GEIS and is not listed in the current Table B-1. At the time of 
publication of the 2013 LR GEIS, insufficient data existed to support a 
classification of the contribution of nuclear power plant GHG emissions 
on climate change, either as a generic or site-specific issue. The 2013 
LR GEIS, however, included a discussion summarizing the life cycle 
impacts of nuclear power plant GHG emissions and climate change. 
Furthermore, following the issuance of Commission Order CLI-09-21, the 
NRC began to evaluate the direct and cumulative effects of GHG 
emissions and their contribution to climate change in environmental 
reviews for license renewal applications.
    Nuclear power plants, by their very nature, do not combust fossil 
fuels to generate electricity and, therefore, have inherently low GHG 
emissions. However, nuclear power plant operations do have some GHG 
emission sources including diesel generators, pumps, diesel engines, 
boilers, refrigeration systems, electrical transmission and 
distribution systems, as well as mobile sources (e.g., worker vehicles 
and delivery vehicles). Any refurbishment activities undertaken at the 
nuclear power plant site could also produce GHGs due to emissions from 
motorized equipment, construction vehicles, and worker vehicles. 
Collectively, these GHG emissions when compared to different GHG 
emission inventories for other facilities, are minor.
    The NRC concluded that the impacts of GHG emissions on climate 
change from continued operation during the license renewal term 
(initial LR or SLR) and any refurbishment activities would be small for 
all nuclear power plants. Therefore, this is a new Category 1 issue.
    (74) Climate Change Impacts on Environmental Resources--The 
proposed rule would add this new Category 2 issue, ``Climate change 
impacts on environmental resources,'' that evaluates the impacts of 
climate change on environmental resources that are affected by 
continued nuclear power plant operations and any refurbishment during 
the license renewal term. Climate change is an environmental trend 
(i.e., reflected in changes in climate indicators, such as 
precipitation, air and water temperature, sea level rise over time) 
that could result in changes in the affected environment, irrespective 
of license renewal. The issue of climate change impacts was not 
identified as either a generic or site-specific issue in the 2013 LR 
GEIS. However, the 2013 LR GEIS briefly described the environmental 
impacts that could occur on resources areas (land use, air quality, 
water resources, etc.) that may also be affected by license renewal. In 
site-specific initial LR and SLR SEISs prepared since development of 
the 2013 LR GEIS, the NRC considered climate change impacts for those 
resources that could be incrementally affected by license renewal as 
part of the cumulative impact analysis.
    As part of a comprehensive environmental review to meet its 
obligations under NEPA, the NRC must consider the impacts of climate 
change on environmental resource conditions that could also be affected 
by continued nuclear power plant operation and any refurbishment as a 
result of the proposed action (license renewal). License renewal 
environmental reviews conducted by the NRC have found that climate 
change effects on affected resources (e.g., water availability, sea 
level rise) can be equal to or greater than any direct effects 
associated with continued nuclear power plant operations during the 
license renewal term. Observed climate change has not been uniform 
across the United States. The accrued effects of climate change on 
environmental resource conditions can vary greatly based on site-
specific conditions and thus are plant-specific rather than generic in 
nature. In support of safe plant operation and in conformance with 
environmental permitting requirements, nuclear power plant licensees 
maintain systems and collect meteorological, water temperature, and 
other data that can inform the NRC's environmental review with respect 
to the impacts of climate change on environmental resource conditions.
    The impacts of climate change on environmental resources that are 
affected by continued nuclear power plant operations and refurbishment 
during the license renewal term (initial LR or SLR) are location-
specific and cannot be evaluated generically. The effects of climate 
change can vary regionally and climate change information at the 
regional and local scale is necessary to assess the impacts on the 
human environment for a specific location. The NRC would need to 
perform a site-specific impact assessment as part of each license 
renewal environmental review. Therefore, this is a new Category 2 issue 
that cuts across multiple resource areas, similar to the cumulative 
effects issue, which is currently in Table B-1.
(xviii) Cumulative Effects
    (75) Cumulative Effects--The proposed rule would rename 
``Cumulative impacts'' as ``Cumulative effects''; it is a Category 2 
issue. The

[[Page 13346]]

proposed rule would make minor editorial and clarification changes to 
the finding column of Table B-1 for this issue to be consistent with 
the definition of cumulative effects as provided in the Council on 
Environmental Quality's revised regulation at 40 CFR 1508.1(g)(3).
(xix) Uranium Fuel Cycle
    (76) Offsite Radiological Impacts--Individual Impacts from Other 
than the Disposal of Spent Fuel and High-Level Waste, (77) Offsite 
Radiological Impacts--Collective Impacts from Other than the Disposal 
of Spent Fuel and High-Level Waste, (78) Nonradiological Impacts of the 
Uranium Fuel Cycle, and (79) Transportation--``Offsite radiological 
impacts--individual impacts from other than the disposal of spent fuel 
and high-level waste,'' ``Offsite radiological impacts--collective 
impacts from other than the disposal of spent fuel and high-level 
waste,'' ``Nonradiological impacts of the uranium fuel cycle,'' and 
``Transportation'' are Category 1 issues. There are no changes to the 
finding column of Table B-1 for these issues.
(xx) Termination of Nuclear Power Plant Operations and Decommissioning
    (80) Termination of Plant Operations and Decommissioning--
``Termination of plant operations and decommissioning'' is a Category 1 
issue. There are no changes to the finding column of Table B-1 for this 
issue.
    The proposed rule would also revise the footnotes to Table B-1 as 
follows:
    Footnote 1 would be revised to update the reference to the current 
revision of the LR GEIS.
    Footnote 2 would be revised to indicate that for the ``Offsite 
radiological impacts of spent nuclear fuel and high-level waste 
disposal'' issue, there is no single significance level to the impact.
    Footnote 7 would be added to indicate that for the ``Severe 
accidents'' issue, alternatives to mitigate severe accidents must be 
considered for all plants that have not already considered such 
alternatives and would be the functional equivalent of a Category 2 
issue.
Section 51.53(c)(3), ``Postconstruction Environmental Reports
    The proposed rule would revise the introductory paragraph of 
Section 51.53(c)(3) to replace the words ``an initial renewed license'' 
with the words ``a license renewal covered by Table B-1'' to reflect 
that the regulation governing postconstruction environmental reports 
for license renewal applies to applicants seeking either an initial or 
subsequent renewed license following this update to the LR GEIS. 
Additionally, the proposed rule would revise the phrase ``and holding 
an operating license, construction permit, or combined license as of 
June 30, 1995'' to read ``for a nuclear power plant for which an 
operating license, construction permit, or combined license was issued 
as of June 30, 1995,'' in order to clarify that Watts Bar Nuclear Units 
1 and 2, for which construction permits were issued by that date but 
are no longer held by the licensee, are within the scope of the LR GEIS 
and Table B-1. The revised phrasing more clearly indicates that holders 
of renewed licenses for nuclear power plants that previously held 
operating licenses, construction permits, or combined licenses within 
the scope of the LR GEIS remain within its scope during the license 
renewal term.
    The proposed rule would revise Section 51.53(c)(3)(ii)(B) for 
clarity and consistency with the methodology in CWA Sections 316(a) and 
(b), including the 2014 CWA Section 316(b) regulations which establish 
the BTA criteria based on impingement mortality, rather than total 
impingement.
    The proposed rule would revise Section 51.53(c)(3)(ii)(D) to delete 
the words ``is located at an inland site and,'' to reflect the 
consolidation of two issues from the 2013 LR GEIS: ``Groundwater 
quality degradation (plants with cooling ponds in salt marshes),'' a 
Category 1 issue, and ``Groundwater quality degradation (plants with 
cooling ponds at inland sites),'' a Category 2 issue. The consolidated 
Category 2 issue in the draft revised LR GEIS, ``Groundwater quality 
degradation (plants with cooling ponds)'' reflects new information that 
cooling ponds can impact water quality at both inland and at coastal 
sites as a result of the migration of contaminants discharged to 
cooling ponds.
    The proposed rule would revise Section 51.53(c)(3)(ii)(E) for 
clarity and consistency with the proposed changes related to Federally 
protected ecological resources in Table B-1 and the draft revised LR 
GEIS. The changes in this paragraph correspond to the changes in Table 
B-1 where a Category 2 issue, ``Threatened, endangered, and protected 
species, critical habitat and essential fish habitat'' was divided into 
three issues, for clarity and consistency with the separate Federal 
statues and interagency consultation requirements that the NRC must 
consider with respect to Federally protected ecological resources. Also 
included is a change reflecting the addition of a new Category 2 issue, 
``National Marine Sanctuaries Act: sanctuary resources,'' which 
addresses the NRC consultation requirements under the Act.
    The proposed rule would revise Section 51.53(c)(3)(ii)(G) for 
consistency with proposed changes to the Category 2 issue, 
``Microbiological hazards to the public.'' The updated finding for this 
issue states that public health is a concern wherever receiving waters 
associated with nuclear power plant thermal effluents are accessible to 
the public.
    The proposed rule would revise Section 51.53(c)(3)(ii)(K) for 
clarity and consistency with the specific requirements of Section 106 
of the NHPA, including the reference to NEPA, to reflect the 
requirement that Federal agencies must consider the potential effects 
of their actions on the affected human environment, which includes 
aesthetic, historic, and cultural resources.
    The proposed rule would revise Section 51.53(c)(3)(ii)(N) for 
clarity and consistency with the proposed changes in Table B-1 and the 
draft revised LR GEIS by adding consideration of Indian Tribes and 
revises the terminology to refine the scope of environmental justice 
concerns.
    The proposed rule would revise Section 51.53(c)(3)(ii)(O) for 
consistency with the revised terminology for ``cumulative effects'' 
provided by the Council on Environmental Quality.
    The proposed rule would add a new Section 51.53(c)(3)(ii)(Q), for 
consistency with the proposed changes in Table B-1 and the draft 
revised LR GEIS which includes the addition of a new Category 2 issue, 
``Climate change impacts on environmental resources.'' The proposed 
change addresses the assessment of the effects of changes in climate on 
environmental resources areas and any mitigation measures implemented 
by the nuclear power plant operator to address climate change impacts. 
The new issue was identified to improve the efficiency of reviews, 
address lessons learned from plant-specific reviews and information 
provided in public comments, and to reflect analyses already being 
performed by the NRC staff in environmental reviews, consistent with 
the Commission direction provided in CLI-09-21.
Section 51.95, ``Postconstruction Environmental Impact Statements''
    The proposed rule would revise Section 51.95(c), ``Operating 
license renewal stage,'' to remove the date of issuance of NUREG-1437. 
This change is made for clarity and to ensure that the

[[Page 13347]]

regulation refers to the latest revision of the LR GEIS.

IV. Availability of Guidance for Comment and Specific Request for 
Comment

    The NRC is seeking advice and recommendations from the public on 
this proposed rule. We are particularly interested in comments and 
supporting rationale from the public on the following:

A. Guidance Documents

    The NRC is issuing for comment two revised draft guidance 
documents, draft regulatory guide (DG), DG-4027, ``Preparation of 
Environmental Reports for Nuclear Power Plant License Renewal 
Applications,'' \6\ and draft NUREG-1555, Supplement 1, Revision 2, 
``Standard Review Plans for Environmental Reviews for Nuclear Power 
Plants, Supplement 1: Operating License Renewal,'' to support 
implementation of the requirements in this proposed rule. The guidance 
documents are available as indicated in the ``Availability of 
Documents'' section of this document. You may submit comments on the 
draft regulatory guidance by the methods outlined in the ADDRESSES 
section of this document.
---------------------------------------------------------------------------

    \6\ Unless stated otherwise, references to RG 4.2, Supplement 1, 
refer to DG-4027, the draft revision to RG 4.2, Supplement 1, which 
is being published at the same time as this notice.
---------------------------------------------------------------------------

    The DG-4027 has been prepared as a revision to Regulatory Guide 
(RG) 4.2, Supplement 1, ``Preparation of Environmental Reports for 
Nuclear Power Plant License Renewal Applications.'' The DG-4027 
provides general procedures for the preparation of environmental 
reports that are submitted as part of an application for the renewal of 
a nuclear power plant operating license, including SLR, in accordance 
with 10 CFR part 54, ``Requirements for Renewal of Operating Licenses 
for Nuclear Power Plants,'' including subsequent license renewals. The 
revision updates the content for environmental reports. The revision 
also updates the regulatory and technical bases and the criteria for 
required plant-specific analyses for Category 2 issues and other 
matters to be addressed in the environmental report, as specified in 
the proposed amendments to Sec.  51.53(c)(3).
    The draft revision of NUREG-1555, Supplement 1, Revision 2, 
provides guidance for the NRC staff when performing a 10 CFR part 51 
environmental review of an application for the renewal of a nuclear 
power plant operating license, including SLR. The changes in the draft 
revision to the Standard Review Plan parallel the revisions in DG-4027. 
The primary purpose of the Standard Review Plan is to ensure that these 
reviews are focused on the significant environmental concerns 
associated with license renewal as described in 10 CFR part 51. 
Specifically, the Standard Review Plan provides guidance to the NRC 
staff about environmental issues that should be reviewed and provides 
acceptance criteria to help the reviewer evaluate the information 
submitted as part of the license renewal application. It is also the 
intent of this draft Standard Review Plan to make information about the 
regulatory process available and to improve communication between the 
NRC, interested members of the public, and the nuclear industry, 
thereby increasing understanding of the review process.

B. Applicability of License Renewal Terms

    The proposed rule would extend the applicability of the LR GEIS to 
one term of SLR. The NRC is seeking comment on whether the proposed 
rule should be expanded beyond two license renewal terms. Please 
provide the rationale for your response.

V. Section-by-Section Analysis

    The following paragraphs describe the specific changes proposed by 
this rulemaking.

10 CFR 51.53, Postconstruction Environmental Reports

    In Sec.  51.53(c)(3), this proposed rule would remove the words 
``an initial renewed license'' and add in its place the words ``a 
license renewal covered by Table B-1'', to indicate applicability to 
initial LR and SLR. Additionally, the proposed rule would revise the 
phrase ``and holding an operating license, construction permit, or 
combined license as of June 30, 1995'' to read ``for a nuclear power 
plant for which an operating license, construction permit, or combined 
license was issued as of June 30, 1995,'' in order to clarify that 
Watts Bar Nuclear Units 1 and 2, for which construction permits were 
issued by that date but are no longer held by the licensee, are within 
the scope of the LR GEIS and Table B-1. The revised phrasing more 
clearly indicates that holders of renewed licenses for nuclear power 
plants that previously held operating licenses, construction permits, 
or combined licenses within the scope of the LR GEIS remain within its 
scope during the license renewal term.
    This proposed rule would revise paragraph (c)(3)(ii)(B) for clarity 
and consistency with the methodology in Clean Water Act (CWA) Sections 
316(a) and (b).
    This proposed rule would revise paragraph (c)(3)(ii)(D) to remove 
the words ``is located at an inland site and'', for consistency with 
proposed consolidation of two issues related to groundwater quality 
degradation and corresponding updates in Table B-1.
    This proposed rule would revise paragraph (c)(3)(ii)(E) for clarity 
and consistency with proposed revisions to Table B-1.
    This proposed rule would revise paragraph (c)(3)(ii)(G) for 
consistency with proposed revisions to Table B-1 related to the 
``Microbiological hazards to the public'' issue.
    This proposed rule would revise paragraph (c)(3)(ii)(K) for clarity 
and consistency with the requirements of Section 106 of the National 
Historic Preservation Act and NEPA.
    This proposed rule would revise paragraph (c)(3)(ii)(N) for clarity 
and consistency with proposed revisions to Table B-1 related to the 
scope of environmental justice concerns.
    This proposed rule would revise paragraph (c)(3)(ii)(O) for 
consistency with the revised terminology for ``cumulative effects'' 
provided by the Council on Environmental Quality.
    This proposed rule would add new paragraph (c)(3)(ii)(Q) to include 
an assessment of the effects of climate change in postconstruction 
environmental reports.

Section 51.95, Postconstruction Environmental Impact Statements

    This proposed rule would revise paragraph (c) to remove the date 
``(June 2013)'', to clarify the reference to the current revision of 
NUREG-1437.

Appendix B to Subpart A--Environmental Effect of Renewing the Operating 
License of a Nuclear Power Plant

    This proposed rule would revise appendix B to subpart A of 10 CFR 
part 51, to indicate the applicability to initial LR and one term of 
SLR and to update the findings on environmental issues with the data 
supported by the analyses in the proposed NUREG-1437, Revision 2.

VI. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this rule, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. This proposed rule would only affect nuclear power plant 
licensees filing for license renewal applications. The companies that 
own

[[Page 13348]]

these plants do not fall within the scope of the definition of ``small 
entities'' set forth in the Regulatory Flexibility Act or the size 
standards established by the NRC (10 CFR 2.810).

VII. Regulatory Analysis

    The NRC has prepared a draft regulatory analysis on this proposed 
regulation. The analysis examines the costs and benefits of the 
alternatives considered by the NRC. The NRC requests public comment on 
the draft regulatory analysis. The regulatory analysis is available as 
indicated in the ``Availability of Documents'' section of this 
document. Comments on the draft analysis may be submitted to the NRC as 
indicated under the ADDRESSES caption of this document.

VIII. Backfitting and Issue Finality

    The proposed rule would codify in 10 CFR part 51 certain 
environmental issues identified in the draft revised LR GEIS. The 
proposed rule would also revise Sec.  51.53(c)(3) to remove the word 
``initial.'' The NRC has determined that the backfitting rule in Sec.  
50.109 and the issue finality provisions in 10 CFR part 52 do not apply 
to this proposed rule because this amendment does not involve any 
provision that would either constitute backfitting as that term is 
defined in 10 CFR chapter I or affect the issue finality of any 
approval issued under 10 CFR part 52.

IX. Cumulative Effects of Regulation

    The NRC is following its cumulative effects of regulation (CER) 
process by engaging with external stakeholders throughout the 
rulemaking and related regulatory activities. Public involvement has 
included (1) the publication of notice announcing information gathering 
through the public scoping process to support the review to determine 
whether to update the LR GEIS on August 4, 2020 (85 FR 47252); and (2) 
four public meetings conducted on August 19, 2020, and August 27, 2020 
(two meetings on each day), to receive comments on the scope of the LR 
GEIS.
    The NRC is issuing draft guidance along with this proposed rule to 
support more informed external stakeholder understanding and feedback. 
The draft guidance is available as indicated in the ``Availability of 
Documents'' section of this document. Further, the NRC will continue to 
hold public meetings throughout the rulemaking process.
    In addition to the question on the implementation of this proposed 
rule presented in the ``Availability of Guidance for Comment and 
Specific Requests for Comment'' section of this document, the NRC is 
requesting CER feedback on the following questions:
    1. If CER challenges currently exist or are expected, what should 
be done to address them? Please explain your response.
    2. Do other (NRC or other agency) regulatory actions (e.g., orders, 
generic communications, license amendment requests, inspection findings 
of a generic nature) influence the implementation of the proposed 
rule's requirements? Please explain your response.
    3. Are there unintended consequences? Does the proposed rule create 
conditions that would be contrary to the proposed rule's purpose and 
objectives? If so, what are the unintended consequences, and how should 
they be addressed? Please explain your response.
    4. Please comment on the NRC's cost and benefit estimates in the 
draft regulatory analysis that supports the proposed rule. The 
regulatory analysis is available as indicated in the ``Availability of 
Documents'' section of this document.

X. 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 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

XI. National Environmental Policy Act

    In support of the proposed revisions to 10 CFR part 51 concerning 
initial LR and SLRs, the NRC prepared draft Revision 2 to NUREG-1437, 
which is published for comment concurrent with this proposed rule. With 
regard to the corresponding changes in requirements for applications 
for initial LR or SLR, the NRC has determined that this is the type of 
action described in Sec.  51.22(c)(3), an NRC categorical exclusion. 
Therefore, neither an environmental assessment nor an environmental 
impact statement has been prepared for this aspect of the proposed 
rule, as it is procedural in nature and pertains to the type of 
environmental information to be reviewed.

XII. Paperwork Reduction Act

    This proposed rule contains new or amended collections of 
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C 
3501 et seq). This proposed rule has been submitted to the Office of 
Management and Budget for review and approval of the information 
collections.
    Type of submission: Revision.
    The title of the information collection: 10 CFR part 51, Renewing 
Nuclear Power Plant Operating Licenses--Environmental Review.
    The form number if applicable: Not applicable.
    How often the information is required or requestion: On occasion. 
Environmental Reports are required upon submittal of an application for 
an operating license renewal.
    Who will be required or asked to respond: Applicants for renewal of 
nuclear power plant operating licenses.
    An estimate of the number of annual responses: 8.3.
    An estimated number of annual respondents: 8.3 (5 applicants for 
future subsequent license renewals and 3.3 applicants for near-term and 
submitted applications, and issued subsequent license renewals).
    An estimate of the total number of hours needed annually to comply 
with the information collection requirement or request: 71,067 hours.
    Abstract: The NRC is proposing to amend the regulations that govern 
the NRC's environmental reviews of operating license renewal 
applications. The NRC's regulations in Sec.  51.53(c) require each 
applicant for renewal of a license to operate a nuclear power plant 
under 10 CFR part 54 to submit an environmental report which includes, 
among other things, a description of the proposed action, including the 
applicant's plans to modify the facility or its administrative 
controls. This proposed rulemaking would codify the generic findings of 
the LR GEIS, which presents impact analyses for the environmental 
issues common to many or most of license renewal applications that can 
be addressed generically, thereby eliminating the need to repeatedly 
reproduce the same analyses each time a license renewal application is 
submitted. The NRC's regulations in Sec.  51.53(c) require each 
applicant to prepare and submit a report entitled ``Applicant's 
Environmental Report--Operating License Renewal Stage,'' with the 
applicant's license renewal application. The information provided by 
the applicant in the environmental report helps the NRC meet its 
regulatory obligations consistent with Section 102(2) of the National 
Environmental Policy Act of 1969, as amended. The proposed rule would 
increase burden on an applicant because several proposed changes to 
Table B-1 (e.g., new Category 1 and 2 issues, consolidation of

[[Page 13349]]

Category 1 issues into Category 2 issues, and dividing an existing 
Category 2 issue into multiple Category 2 issues) would require the 
applicant to evaluate such issues on a site-specific basis and provide 
this information in the environmental report.
    The NRC is seeking public comment on the potential impact of the 
information collection contained in this proposed rule and on the 
following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility? Please explain your response.
    2. Is the estimate of the burden of the proposed information 
collection accurate? Please explain your response.
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected? Please explain your response.
    4. How can the burden of the proposed information collection on 
respondents be minimized, including the use of automated collection 
techniques or other forms of information technology? Please explain 
your response.
    A copy of the Office of Management and Budget (OMB) clearance 
package and proposed rule is available in ADAMS under Accession No. 
ML22208A002 or may be obtained free of charge by contacting the NRC's 
Public Document Room reference staff at 1-800-397-4209, at 301-415-
4737, or by email to [email protected]. You may obtain information 
and comment submissions related to the OMB clearance package by 
searching on https://www.regulations.gov under Docket ID NRC-2018-0296.
    You may submit comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
above issues, by the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0296.
     Mail comments to: FOIA, Library, and Information 
Collections Branch, Office of the Chief Information Officer, Mail Stop: 
T6-A10M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 
or to the OMB reviewer at OMB Office of Information and Regulatory 
Affairs (3150-0021), Attn: Desk Officer for the Nuclear Regulatory 
Commission, 725 17th Street NW, Washington, DC 20503; email: 
[email protected].
    Submit comments by April 3, 2023. 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 on or before this date.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

XIII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. This proposed rule, which 
amends various provisions of 10 CFR part 51, does not constitute the 
establishment of a standard that contains generally applicable 
requirements.

XIV. Public Meetings

    The NRC plans to hold public meetings to promote a full 
understanding of the proposed rule, the draft revised LR GEIS, and 
associated guidance documents, and to receive public comments.
    The NRC will publish a notice of the location, time, and agenda of 
the meetings in the Federal Register, on Regulations.gov, and on the 
NRC's public meeting website within at least 10 calendar days before 
the meeting. Stakeholders 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.

XV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                                    ADAMS Accession No.
                    Document                         Federal Register
                                                         citation
------------------------------------------------------------------------
   Draft Generic Environmental Impact Statement for License Renewal of
                          Nuclear Power Plants
------------------------------------------------------------------------
Draft NUREG-1437, ``Generic Environmental Impact  ML23010A078.
 Statement for License Renewal of Nuclear Power
 Plants,'' Volume 1, Revision 2.
Draft NUREG-1437, ``Generic Environmental Impact  ML23010A086.
 Statement for License Renewal of Nuclear Power
 Plants,'' Volume 2, Revision 2.
------------------------------------------------------------------------
                        Draft Guidance Documents
------------------------------------------------------------------------
Draft NUREG-1555, Supplement 1, Revision 2,       ML22165A070.
 ``Standard Review Plans for Environmental
 Reviews for Nuclear Power Plants, Supplement 1:
 Operating License Renewal''.
Draft Regulatory Guide DG-4027, ``Preparation of  ML22165A072.
 Environmental Reports for Nuclear Power Plant
 License Renewal Applications'' (also referenced
 as RG 4.2, Supplement 1).
------------------------------------------------------------------------
                         Proposed Rule Documents
------------------------------------------------------------------------
SECY-22-0109, ``Proposed Rule: Renewing Nuclear   ML22165A004.
 Power Plant Operating Licenses--Environmental
 Review (RIN 3150-AK32; NRC-2018-0296)''.
Draft Regulatory Analysis for the 10 CFR Part     ML23010A074.
 51, Generic Environmental Impact Statement for
 License Renewal of Nuclear Power Plants.
Draft Supporting Statement for Information        ML22208A002.
 Collections Contained in the Renewing Nuclear
 Power Plant Operating Licenses--Environmental
 Review Proposed Rule.
------------------------------------------------------------------------
                            Related Documents
------------------------------------------------------------------------
Revisions to Environmental Review for Renewal of  78 FR 37281.
 Nuclear Power Plant Operating Licenses, Final
 Rule, June 20, 2013.

[[Page 13350]]

 
Revisions to Environmental Review for Renewal of  78 FR 46255.
 Nuclear Power Plant Operating Licenses;
 Correction, Final Rule, Correcting Amendment,
 July 31, 2013.
Continued Storage of Spent Nuclear Fuel, Final    79 FR 56251.
 Rule, September 29, 2014.
Corrected Transcript for Public Scoping Meeting   ML20296A270.
 to Discuss the Review and Potential Update of
 NUREG-1437, ``Generic Environmental Impact
 Statement for License Renewal of Nuclear Power
 Plants,'' August 27, 2020, 1:30 p.m.
Corrected Transcript for Public Scoping Meeting   ML20296A271.
 to Discuss the Review and Potential Update of
 NUREG-1437, ``Generic Environmental Impact
 Statement for License Renewal of Nuclear Power
 Plants,'' August 27, 2020, 6:30 p.m.
Corrected Transcript for Public Scoping Meeting   ML20296A272.
 to Discuss the Review and Potential Update of
 NUREG-1437, ``Generic Environmental Impact
 Statement for License Renewal of Nuclear Power
 Plants,'' August 19, 2020, 1:30 p.m.
Corrected Transcript for Public Scoping Meeting   ML20296A273.
 to Discuss the Review and Potential Update of
 NUREG-1437, ``Generic Environmental Impact
 Statement for License Renewal of Nuclear Power
 Plants,'' August 19, 2020, 6:30 p.m.
Environmental Impact Statement Scoping Process    ML21039A576.
 Summary Report, Review and Update of the
 Generic Environmental Impact Statement for
 License Renewal of Nuclear Plants (NUREG-1437),
 June 2021.
Notice of Intent to Review and Update the         85 FR 47252.
 Generic Environmental Impact Statement for
 License Renewal of Nuclear Plants, August 4,
 2020.
NUREG-1437, ``Generic Environmental Impact        ML040690705.
 Statement for License Renewal of Nuclear Power
 Plants,'' Volume 1, dated May 1996.
NUREG-1437, ``Generic Environmental Impact        ML040690738.
 Statement for License Renewal of Nuclear Power
 Plants,'' Volume 2, dated May 1996.
NUREG-1437, ``Generic Environmental Impact        ML13106A241.
 Statement for License Renewal of Nuclear Power
 Plants,'' Volume 1, Revision 1, dated June 2013.
NUREG-1437, ``Generic Environmental Impact        ML13106A242.
 Statement for License Renewal of Nuclear Power
 Plants,'' Volume 2, Revision 1, dated June 2013.
NUREG-1437, ``Generic Environmental Impact        ML13106A244.
 Statement for License Renewal of Nuclear Power
 Plants,'' Volume 3, Revision 1, dated June 2013.
NUREG-1437, ``Generic Environmental Impact        ML19290H346.
 Statement for License Renewal of Nuclear
 Plants,'' Supplement 5, Second Renewal,
 Regarding Subsequent License Renewal for Turkey
 Point Nuclear Generating Unit Nos. 3 and 4,
 dated October 2019.
SECY-21-0066, ``Rulemaking Plan for Renewing      ML20364A008.
 Nuclear Power Plant Operating Licenses--
 Environmental Review (RIN 3150-AK32, NRC-2018-
 0296),'' dated July 22, 2021.
SECY-22-0024, ``Rulemaking Plan for Renewing      ML22062B643.
 Nuclear Power Plant Operating Licenses--
 Environmental Review (RIN 3150-AK32, NRC-2018-
 0296),'' dated March 25, 2022.
SECY-22-0036, ``Rulemaking Plan for Renewing      ML22083A149.
 Nuclear Power Plant Operating Licenses--10-Year
 Environmental Regulatory Update (NRC-2022-
 0087),'' dated April 25, 2022.
SRM-SECY-21-0066, ``Rulemaking Plan for Renewing  ML22053A308.
 Nuclear Power Plant Operating Licenses--
 Environmental Review (RIN 3150-AK32, NRC-2018-
 0296),'' dated February 24, 2022.
SRM-SECY-22-0024, ``Rulemaking Plan for Renewing  ML22096A035.
 Nuclear Power Plant Operating Licenses--
 Environmental Review (RIN 3150-AK32, NRC-2018-
 0296),'' dated April 5, 2022.
SRM-SECY-22-0036, ``Rulemaking Plan for Renewing  ML22168A130.
 Nuclear Power Plant Operating Licenses--10-Year
 Environmental Regulatory Update (NRC-2022-
 0087),'' dated June 17, 2022.
U.S. Nuclear Regulatory Commission Memorandum     ML093070690.
 and Order CLI-09-21, dated November 3, 2009.
U.S. Nuclear Regulatory Commission Memorandum     ML22055A496.
 and Order CLI-22-02, dated February 24, 2022.
U.S. Nuclear Regulatory Commission Memorandum     ML22055A521,
 and Order CLI-22-03, dated February 24, 2022.     ML22055A526,
                                                   ML22055A527,
                                                   ML22055A533,
                                                   ML22055A554.
U.S. Nuclear Regulatory Commission Memorandum     ML22055A557.
 and Order CLI-22-04, dated February 24, 2022.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2018-0296. In addition, the 
Federal rulemaking website allows members of the public to receive 
alerts when changes or additions occur in a docket folder. The 
following actions are needed to subscribe: (1) navigate to the docket 
folder NRC-2018-0296, (2) click the ``Subscribe'' link, and (3) enter 
an email address and click on the ``Subscribe'' link.

List of Subjects in 10 CFR Part 51

    Administrative practice and procedure, Environmental impact 
statements, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear 
power plants and reactors, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing 
to amend 10 CFR part 51 as follows:

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

0
1. The authority citation for part 51 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C. 
2201, 2243); Energy Reorganization Act of 1974, secs. 201, 202 (42 
U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42 
U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs. 
144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161, 
10168); 44 U.S.C. 3504 note.

    Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under 
Nuclear Waste Policy

[[Page 13351]]

Act secs. 135, 141, 148 (42 U.S.C. 10155, 10161, 10168).
    Section 51.22 also issued under Atomic Energy Act sec. 274 (42 
U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C. 
10141).
    Sections 51.43, 51.67, and 51.109 also issued under Nuclear 
Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).

0
2. Amend Sec.  51.53 by:
0
a. Removing in paragraph (c)(3) introductory text, the words ``an 
initial renewed license and holding an operating license, construction 
permit, or combined license as of June 30, 1995'' and adding in its 
place the words ``a license renewal covered by Table B-1 for a power 
plant for which an operating license, construction permit, or combined 
license was issued as of June 30, 1995'';
0
b. Revising paragraph (c)(3)(ii)(B);
0
c. Removing in paragraph (c)(3)(ii)(D), the words ``is located at an 
inland site and'';
0
d. Revising paragraphs (c)(3)(ii)(E); (G); (K); (N); (O); and
0
e. Adding paragraph (c)(3)(ii)(Q).

    The revisions and additions read as follows:


Sec.  51.53  Postconstruction environmental reports.

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * *
    (B) If the applicant's plant utilizes once-through cooling or 
cooling pond water intake and discharge systems, the applicant shall 
provide a copy of current Clean Water Act 316(b) Best Technology 
Available determinations and, if applicable, a 316(a) variance in 
accordance with 40 CFR part 125, or equivalent State permits and 
supporting documentation. If the applicant cannot provide these 
documents, it shall assess the impact of the proposed action on fish 
and shellfish resources resulting from impingement mortality and 
entrainment and thermal discharges.
* * * * *
    (E) All license renewal applicants shall assess the impact of 
refurbishment, continued operations, and other license renewal-related 
construction activities on important plant and animal habitats. 
Additionally, the applicant shall assess the impact of the proposed 
action on federally protected ecological resources in accordance with 
Federal laws protecting such resources, including but not limited to, 
the Endangered Species Act, the Magnuson-Stevens Fishery Conservation 
and Management Act, and the National Marine Sanctuaries Act.
* * * * *
    (G) If the applicant's plant uses a cooling pond, lake, canal, or 
discharges into waters of the United States accessible to the public, 
an assessment of the impact of the proposed action on public health 
from thermophilic organisms in the affected water must be provided.
* * * * *
    (K) All applicants shall identify any potentially affected historic 
and cultural resources and historic properties and assess whether 
future plant operations and any planned refurbishment activities would 
affect these resources in accordance with the Section 106 of the 
National Historic Preservation Act and in the context of the National 
Environmental Policy Act.
* * * * *
    (N) Applicants shall provide information on the general demographic 
composition of minority and low-income populations and communities (by 
race and ethnicity) and Indian tribes in the vicinity of the nuclear 
power plant that could be disproportionately affected by license 
renewal, including continued reactor operations and refurbishment 
activities.
* * * * *
    (O) Applicants shall provide information about other past, present, 
and reasonably foreseeable actions occurring in the vicinity of the 
nuclear power plant that may result in a cumulative effect.
* * * * *
    (Q) Applicants shall include an assessment of the effects of any 
observed and projected changes in climate on environmental resource 
areas that are affected by license renewal, as well as any mitigation 
measures implemented at the applicant's plant to address climate change 
impacts.
* * * * *


Sec.  51.95  [Amended]

0
3. In Sec.  51.95, paragraph (c) introductory text, removing the words 
``(June 2013)''.
0
4. Revise appendix B to subpart A of 10 CFR part 51 to read as follows:

Appendix B to Subpart A of 10 CFR Part 51--Environmental Effect of 
Renewing the Operating License of a Nuclear Power Plant

    The Commission has assessed the environmental impacts associated 
with granting a renewed operating license for a licensee holding an 
operating license, construction permit, or combined license as of 
June 30, 1995. This assessment applies to applications for initial 
or a first (i.e., one term) subsequent license renewal. Table B-1 
summarizes the Commission's findings on the scope and magnitude of 
environmental impacts of renewing the operating license for a 
nuclear power plant as required by section 102(2) of the National 
Environmental Policy Act of 1969, as amended. Table B-1, subject to 
an evaluation of those issues identified in Category 2 as requiring 
further analysis and possible significant new information, 
represents the analysis of the environmental impacts associated with 
renewal of any operating license and is to be used in accordance 
with Sec.  51.95(c). On a 10-year cycle, the Commission intends to 
review the material in this appendix and update it if necessary. A 
scoping notice must be published in the Federal Register indicating 
the results of the NRC's review and inviting public comments and 
proposals for other areas that should be updated.

Table B-1--Summary of Findings on Environmental Issues for Initial and One Term of Subsequent License Renewal of
                                            Nuclear Power Plants \1\
----------------------------------------------------------------------------------------------------------------
                                              Category
                   Issue                         \2\                           Finding \3\
----------------------------------------------------------------------------------------------------------------
                                                    Land Use
----------------------------------------------------------------------------------------------------------------
Onsite land use............................           1  SMALL. Changes in onsite land use from continued
                                                          operations and refurbishment associated with license
                                                          renewal would be a small fraction of the nuclear power
                                                          plant site and would involve only land that is
                                                          controlled by the licensee.
Offsite land use...........................           1  SMALL. Offsite land use would not be affected by
                                                          continued operations and refurbishment associated with
                                                          license renewal.
Offsite land use in transmission line right-          1  SMALL. Use of transmission line ROWs from continued
 of-ways (ROWs) \4\.                                      operations and refurbishment associated with license
                                                          renewal would continue with no change in land use
                                                          restrictions.
----------------------------------------------------------------------------------------------------------------
                                                Visual Resources
----------------------------------------------------------------------------------------------------------------
Aesthetic impacts..........................           1  SMALL. No important changes to the visual appearance of
                                                          plant structures or transmission lines are expected
                                                          from continued operations and refurbishment associated
                                                          with license renewal.
----------------------------------------------------------------------------------------------------------------

[[Page 13352]]

 
                                                   Air Quality
----------------------------------------------------------------------------------------------------------------
Air quality impacts........................           1  SMALL. Air quality impacts from continued operations
                                                          and refurbishment associated with license renewal are
                                                          expected to be small at all plants. Emissions from
                                                          emergency diesel generators and fire pumps and routine
                                                          operations of boilers used for space heating are
                                                          minor. Impacts from cooling tower particulate
                                                          emissions have been small.
                                                         Emissions resulting from refurbishment activities at
                                                          locations in or near air quality nonattainment or
                                                          maintenance areas would be short-lived and would cease
                                                          after these activities are completed. Operating
                                                          experience has shown that the scale of refurbishment
                                                          activities has not resulted in exceedance of the de
                                                          minimis thresholds for criteria pollutants, and best
                                                          management practices, including fugitive dust controls
                                                          and the imposition of permit conditions in State and
                                                          local air emissions permits, would ensure conformance
                                                          with applicable State or Tribal implementation plans.
Air quality effects of transmission lines             1  SMALL. Production of ozone and oxides of nitrogen from
 \4\.                                                     transmission lines is insignificant and does not
                                                          contribute measurably to ambient levels of these
                                                          gases.
----------------------------------------------------------------------------------------------------------------
                                                      Noise
----------------------------------------------------------------------------------------------------------------
Noise impacts..............................           1  SMALL. Noise levels would remain below regulatory
                                                          guidelines for offsite receptors during continued
                                                          operations and refurbishment associated with license
                                                          renewal.
----------------------------------------------------------------------------------------------------------------
                                              Geologic Environment
----------------------------------------------------------------------------------------------------------------
Geology and soils..........................           1  SMALL. The impact of continued operations and
                                                          refurbishment activities on geology and soils would be
                                                          small for all nuclear power plants and would not
                                                          change appreciably during the license renewal term.
----------------------------------------------------------------------------------------------------------------
                                             Surface Water Resources
----------------------------------------------------------------------------------------------------------------
Surface water use and quality (non-cooling            1  SMALL. Impacts are expected to be small if best
 system impacts).                                         management practices are employed to control soil
                                                          erosion and spills. Surface water use associated with
                                                          continued operations and refurbishment associated with
                                                          license renewal would not increase significantly or
                                                          would be reduced if refurbishment occurs during a
                                                          plant outage.
Altered current patterns at intake and                1  SMALL. Altered current patterns would be limited to the
 discharge structures.                                    area in the vicinity of the intake and discharge
                                                          structures. These impacts have been small at operating
                                                          nuclear power plants.
Altered salinity gradients.................           1  SMALL. Effects of salinity gradients would be limited
                                                          to the area in the vicinity of the intake and
                                                          discharge structures. These impacts have been small at
                                                          operating nuclear power plants.
Altered thermal stratifications of lakes...           1  SMALL. Effects on thermal stratification would be
                                                          limited to the area in the vicinity of the intake and
                                                          discharge structures. These impacts have been small at
                                                          operating nuclear power plants.
Scouring caused by discharged cooling water           1  SMALL. Scouring effects would be limited to the area in
                                                          the vicinity of the intake and discharge structures.
                                                          These impacts have been small at operating nuclear
                                                          power plants.
Discharge of metals in cooling system                 1  SMALL. Discharges of metals have not been found to be a
 effluent.                                                problem at operating nuclear power plants with cooling-
                                                          tower-based heat dissipation systems and have been
                                                          satisfactorily mitigated at other plants. Discharges
                                                          are monitored and controlled as part of the National
                                                          Pollutant Discharge Elimination System (NPDES) permit
                                                          process.
Discharge of biocides, sanitary wastes, and           1  SMALL. The effects of these discharges are regulated by
 minor chemical spills.                                   Federal and State environmental agencies. Discharges
                                                          are monitored and controlled as part of the NPDES
                                                          permit process. These impacts have been small at
                                                          operating nuclear power plants.
Surface water use conflicts (plants with              1  SMALL. These conflicts have not been found to be a
 once-through cooling systems).                           problem at operating nuclear power plants with once-
                                                          through heat dissipation systems.
Surface water use conflicts (plants with              2  SMALL or MODERATE. Impacts could be of small or
 cooling ponds or cooling towers using                    moderate significance, depending on makeup water
 makeup water from a river).                              requirements, water availability, and competing water
                                                          demands.
Effects of dredging on surface water                  1  SMALL. Dredging to remove accumulated sediments in the
 quality.                                                 vicinity of intake and discharge structures and to
                                                          maintain barge shipping has not been found to be a
                                                          problem for surface water quality. Dredging is
                                                          performed under permit from the U.S. Army Corps of
                                                          Engineers, and possibly, from other State or local
                                                          agencies.
Temperature effects on sediment transport             1  SMALL. These effects have not been found to be a
 capacity.                                                problem at operating nuclear power plants and are not
                                                          expected to be a problem during the license renewal
                                                          term.
----------------------------------------------------------------------------------------------------------------
                                              Groundwater Resources
----------------------------------------------------------------------------------------------------------------
Groundwater contamination and use (non-               1  SMALL. Extensive dewatering is not anticipated from
 cooling system impacts).                                 continued operations and refurbishment associated with
                                                          license renewal. Industrial practices involving the
                                                          use of solvents, hydrocarbons, heavy metals, or other
                                                          chemicals, and/or the use of wastewater ponds or
                                                          lagoons have the potential to contaminate site
                                                          groundwater, soil, and subsoil. Contamination is
                                                          subject to State or U.S. Environmental Protection
                                                          Agency (EPA) regulated cleanup and monitoring
                                                          programs. The application of best management practices
                                                          for handling any materials produced or used during
                                                          these activities would reduce impacts.
Groundwater use conflicts (plants that                1  SMALL. Plants that withdraw less than 100 gpm are not
 withdraw less than 100 gallons per minute                expected to cause any groundwater use conflicts.
 [gpm]).
Groundwater use conflicts (plants that                2  SMALL, MODERATE, or LARGE. Plants that withdraw more
 withdraw more than 100 gallons per minute                than 100 gpm could cause groundwater use conflicts
 [gpm]).                                                  with nearby groundwater users.
Groundwater use conflicts (plants with                2  SMALL, MODERATE, or LARGE. Water use conflicts could
 closed-cycle cooling systems that withdraw               result from water withdrawals from rivers during low-
 makeup water from a river).                              flow conditions, which may affect aquifer recharge.
                                                          The significance of impacts would depend on makeup
                                                          water requirements, water availability, and competing
                                                          water demands.
Groundwater quality degradation resulting             1  SMALL. Groundwater withdrawals at operating nuclear
 from water withdrawals.                                  power plants would not contribute significantly to
                                                          groundwater quality degradation.

[[Page 13353]]

 
Groundwater quality degradation (plants               2  SMALL or MODERATE. Sites with cooling ponds could
 with cooling ponds).                                     degrade groundwater quality. The significance of the
                                                          impact would depend on site-specific conditions
                                                          including cooling pond water quality, site
                                                          hydrogeologic conditions (including the interaction of
                                                          surface water and groundwater), and the location,
                                                          depth, and pump rate of water wells.
Radionuclides released to groundwater......           2  SMALL or MODERATE. Leaks of radioactive liquids from
                                                          plant components and pipes have occurred at numerous
                                                          plants. Groundwater protection programs have been
                                                          established at all operating nuclear power plants to
                                                          minimize the potential impact from any inadvertent
                                                          releases. The magnitude of impacts would depend on
                                                          site-specific characteristics.
----------------------------------------------------------------------------------------------------------------
                                              Terrestrial Resources
----------------------------------------------------------------------------------------------------------------
Non-cooling system impacts on terrestrial             2  SMALL, MODERATE, or LARGE. The magnitude of effects of
 resources.                                               continued nuclear power plant operation and
                                                          refurbishment, unrelated to operation of the cooling
                                                          system, would depend on numerous site-specific
                                                          factors, including ecological setting, planned
                                                          activities during the license renewal term, and
                                                          characteristics of the plants and animals present in
                                                          the area. Application of best management practices and
                                                          other conservation initiatives would reduce the
                                                          potential for impacts.
Exposure of terrestrial organisms to                  1  SMALL. Doses to terrestrial organisms from continued
 radionuclides.                                           nuclear power plant operation and refurbishment during
                                                          the license renewal term would be expected to remain
                                                          well below U.S. Department of Energy exposure
                                                          guidelines developed to protect these organisms.
Cooling system impacts on terrestrial                 1  SMALL. Continued operation of nuclear power plant
 resources (plants with once-through                      cooling systems during license renewal could cause
 cooling systems or cooling ponds).                       thermal effluent additions to receiving waterbodies;
                                                          chemical effluent additions to surface water or
                                                          groundwater, impingement of waterfowl, disturbance of
                                                          terrestrial plants and wetlands from maintenance
                                                          dredging, and erosion of shoreline habitat. However,
                                                          plants where these impacts have occurred successfully
                                                          mitigated the impact, and it is no longer of concern.
                                                          These impacts are not expected to be significant
                                                          issues during the license renewal term.
Cooling tower impacts on terrestrial plants           1  SMALL. Continued operation of nuclear power plant
                                                          cooling towers could deposit particulates and water
                                                          droplets or ice on vegetation and lead to structural
                                                          damage or changes in terrestrial plant communities.
                                                          However, nuclear power plants where these impacts
                                                          occurred have successfully mitigated the impact. These
                                                          impacts are not expected to be significant issues
                                                          during the license renewal term.
Bird collisions with plant structures and             1  SMALL. Bird mortalities from collisions with nuclear
 transmission lines \4\.                                  power plant structures and in-scope transmission lines
                                                          would be negligible for any species and are unlikely
                                                          to threaten the stability of local or migratory bird
                                                          populations or result in noticeable impairment of the
                                                          function of a species within the ecosystem. These
                                                          impacts are not expected to be significant issues
                                                          during the license renewal term.
Water use conflicts with terrestrial                  2  SMALL or MODERATE. Nuclear power plants could consume
 resources (plants with cooling ponds or                  water at rates that cause occasional or intermittent
 cooling towers using makeup water from a                 water use conflicts with nearby and downstream
 river).                                                  terrestrial and riparian communities. Such impacts
                                                          could noticeably affect riparian or wetland species or
                                                          alter characteristics of the ecological environment
                                                          during the license renewal term. The one plant where
                                                          impacts have occurred successfully mitigated the
                                                          impact. Impacts are expected to be small at most
                                                          nuclear power plants but could be moderate at some.
Transmission line right-of-way (ROW)                  1  SMALL. In-scope transmission lines tend to occupy only
 management impacts on terrestrial                        industrial-use or other developed portions of nuclear
 resources \4\.                                           power plant sites and, therefore, effects of ROW
                                                          maintenance on terrestrial plants and animals during
                                                          the license renewal term would be negligible.
                                                          Application of best management practices would reduce
                                                          the potential for impacts.
Electromagnetic field effects on                      1  SMALL. In-scope transmission lines tend to occupy only
 terrestrial plants and animals \4\.                      industrial-use or other developed portions of nuclear
                                                          power plant sites and, therefore, effects of
                                                          electromagnetic fields on terrestrial plants and
                                                          animals during the license renewal term would be
                                                          negligible.
----------------------------------------------------------------------------------------------------------------
                                                Aquatic Resources
----------------------------------------------------------------------------------------------------------------
Impingement mortality and entrainment of              2  SMALL, MODERATE, or LARGE. The impacts of impingement
 aquatic organisms (plants with once-                     mortality and entrainment would generally be small at
 through cooling systems or cooling ponds).               nuclear power plants with once-through cooling systems
                                                          or cooling ponds that have implemented best technology
                                                          requirements for existing facilities under Clean Water
                                                          Act (CWA) Section 316(b). For all other plants,
                                                          impacts could be small, moderate, or large depending
                                                          on characteristics of the cooling water intake system,
                                                          results of impingement and entrainment studies
                                                          performed at the plant, trends in local fish and
                                                          shellfish populations, and implementation of
                                                          mitigation measures.
Impingement mortality and entrainment of              1  SMALL. No significant impacts on aquatic populations
 aquatic organisms (plants with cooling                   associated with impingement mortality and entrainment
 towers).                                                 at nuclear power plants with cooling towers have been
                                                          reported, including effects on fish and shellfish from
                                                          direct mortality, injury, or other sublethal effects.
                                                          Impacts during the license renewal term would be
                                                          similar and small. Further, effects of these cooling
                                                          water intake systems would be mitigated through
                                                          adherence to NPDES permit conditions established
                                                          pursuant to CWA Section 316(b).
Entrainment of phytoplankton and                      1  SMALL. Entrainment has not resulted in noticeable
 zooplankton.                                             impacts on phytoplankton or zooplankton populations
                                                          near operating nuclear power plants. Impacts during
                                                          the license renewal term would be similar and small.
                                                          Further, effects would be mitigated through adherence
                                                          to NPDES permit conditions established pursuant to CWA
                                                          Section 316(b).
Effects of thermal effluents on aquatic               2  SMALL, MODERATE, or LARGE. Acute, sublethal, and
 organisms (plants with once-through                      community-level effects of thermal effluents on
 cooling systems or cooling ponds).                       aquatic organisms would generally be small at nuclear
                                                          power plants with once-through cooling systems or
                                                          cooling ponds that adhere to State water quality
                                                          criteria or that have and maintain a valid CWA Section
                                                          316(a) variance. For all other plants, impacts could
                                                          be small, moderate, or large depending on site-
                                                          specific factors, including ecological setting of the
                                                          plant; characteristics of the cooling system and
                                                          effluent discharges; and characteristics of the fish,
                                                          shellfish, and other aquatic organisms present in the
                                                          area.
Effects of thermal effluents on aquatic               1  SMALL. Acute, sublethal, and community-level effects of
 organisms (plants with cooling towers).                  thermal effluents have not resulted in noticeable
                                                          impacts on aquatic communities at nuclear power plants
                                                          with cooling towers. Impacts during the license
                                                          renewal term would be similar and small. Further,
                                                          effects would be mitigated through adherence to State
                                                          water quality criteria or CWA Section 316(a)
                                                          variances.

[[Page 13354]]

 
Infrequently reported effects of thermal              1  SMALL. Continued operation of nuclear power plant
 effluents.                                               cooling systems could result in certain infrequently
                                                          reported thermal impacts, including cold shock,
                                                          thermal migration barriers, accelerated maturation of
                                                          aquatic insects, proliferation of aquatic nuisance
                                                          organisms, depletion of dissolved oxygen, gas
                                                          supersaturation, eutrophication, and increased
                                                          susceptibility of exposed fish and shellfish to
                                                          predation, parasitism, and disease. Most of these
                                                          effects have not been reported at operating nuclear
                                                          power plants. Plants that have experienced these
                                                          impacts successfully mitigated the impact, and it is
                                                          no longer of concern. Infrequently reported thermal
                                                          impacts are not expected to be significant issues
                                                          during the license renewal term.
Effects of nonradiological contaminants on            1  SMALL. Heavy metal leaching from condenser tubes was an
 aquatic organisms.                                       issue at several operating nuclear power plants. These
                                                          plants successfully mitigated the issue, and it is no
                                                          longer of concern. Cooling system effluents would be
                                                          the primary source of nonradiological contaminants
                                                          during the license renewal term. Implementation of
                                                          best management practices and adherence to NPDES
                                                          permit limitations would minimize the effects of these
                                                          contaminants on the aquatic environment.
Exposure of aquatic organisms to                      1  SMALL. Doses to aquatic organisms from continued
 radionuclides.                                           nuclear power plant operation and refurbishment during
                                                          the license renewal term would be expected to remain
                                                          well below U.S. Department of Energy exposure
                                                          guidelines developed to protect these organisms.
Effects of dredging on aquatic resources...           1  SMALL. Dredging at nuclear power plants is expected to
                                                          occur infrequently, would be of relatively short
                                                          duration, and would affect relatively small areas.
                                                          Continued operation of many plants may not require any
                                                          dredging. Adherence to best management practices and
                                                          CWA Section 404 permit conditions would mitigate
                                                          potential impacts at plants where dredging is
                                                          necessary to maintain function or reliability of
                                                          cooling systems. Dredging is not expected to be a
                                                          significant issue during the license renewal term.
Water use conflicts with aquatic resources            2  SMALL or MODERATE. Nuclear power plants could consume
 (plants with cooling ponds or cooling                    water at rates that cause occasional or intermittent
 towers using makeup water from a river).                 water use conflicts with nearby and downstream aquatic
                                                          communities. Such impacts could noticeably affect
                                                          aquatic plants or animals or alter characteristics of
                                                          the ecological environment during the license renewal
                                                          term. The one plant where impacts have occurred
                                                          successfully mitigated the impact. Impacts are
                                                          expected to be small at most nuclear power plants but
                                                          could be moderate at some.
Non-cooling system impacts on aquatic                 1  SMALL. No significant impacts on aquatic resources
 resources.                                               associated with landscape and grounds maintenance,
                                                          stormwater management, or ground-disturbing activities
                                                          at operating nuclear power plants have been reported.
                                                          Impacts from continued operation and refurbishment
                                                          during the license renewal term would be similar and
                                                          small. Application of best management practices and
                                                          other conservation initiatives would reduce the
                                                          potential for impacts.
Impacts of transmission line right-of-way             1  SMALL. In-scope transmission lines tend to occupy only
 (ROW) management on aquatic resources \4\.               industrial-use or other developed portions of nuclear
                                                          power plant sites and, therefore, the effects of ROW
                                                          maintenance on aquatic plants and animals during the
                                                          license renewal term would be negligible. Application
                                                          of best management practices would reduce the
                                                          potential for impacts.
----------------------------------------------------------------------------------------------------------------
                                    Federally Protected Ecological Resources
----------------------------------------------------------------------------------------------------------------
Endangered Species Act: federally listed              2  The potential effects of continued nuclear power plant
 species and critical habitats under U.S.                 operation and refurbishment on federally listed
 Fish and Wildlife jurisdiction.                          species and critical habitats would depend on numerous
                                                          site-specific factors, including the ecological
                                                          setting; listed species and critical habitats present
                                                          in the action area; and plant-specific factors related
                                                          to operations, including water withdrawal, effluent
                                                          discharges, and other ground-disturbing activities.
                                                          Consultation with the U.S. Fish and Wildlife Service
                                                          under Endangered Species Act Section 7(a)(2) would be
                                                          required if license renewal may affect listed species
                                                          or critical habitats under this agency's jurisdiction.
Endangered Species Act: federally listed              2  The potential effects of continued nuclear power plant
 species and critical habitats under                      operation and refurbishment on federally listed
 National Marine Fisheries Service                        species and critical habitats would depend on numerous
 jurisdiction.                                            site-specific factors, including the ecological
                                                          setting; listed species and critical habitats present
                                                          in the action area; and plant-specific factors related
                                                          to operations, including water withdrawal, effluent
                                                          discharges, and other ground-disturbing activities.
                                                          Consultation with the National Marine Fisheries
                                                          Service under Endangered Species Act Section 7(a)(2)
                                                          would be required if license renewal may affect listed
                                                          species or critical habitats under this agency's
                                                          jurisdiction.
Magnuson-Stevens Act: essential fish                  2  The potential effects of continued nuclear power plant
 habitat.                                                 operation and refurbishment on essential fish habitat
                                                          would depend on numerous site-specific factors,
                                                          including the ecological setting; essential fish
                                                          habitat present in the area, including habitats of
                                                          particular concern; and plant-specific factors related
                                                          to operations, including water withdrawal, effluent
                                                          discharges, and other activities that may affect
                                                          aquatic habitats. Consultation with the National
                                                          Marine Fisheries Service under Magnuson-Stevens Act
                                                          Section 305(b) would be required if license renewal
                                                          could result in adverse effects to essential fish
                                                          habitat.
National Marine Sanctuaries Act: sanctuary            2  The potential effects of continued nuclear power plant
 resources.                                               operation and refurbishment on sanctuary resources
                                                          would depend on numerous site-specific factors,
                                                          including the ecological setting; national marine
                                                          sanctuaries present in the area, and plant-specific
                                                          factors related to operations, including water
                                                          withdrawal, effluent discharges, and other activities
                                                          that may affect aquatic habitats. Consultation with
                                                          the Office of National Marine Sanctuaries under
                                                          National Marine Sanctuaries Act Section 304(d) would
                                                          be required if license renewal could destroy, cause
                                                          the loss of, or injure sanctuary resources.
----------------------------------------------------------------------------------------------------------------
                                         Historic and Cultural Resources
----------------------------------------------------------------------------------------------------------------
Historic and cultural resources \4\........           2  Impacts from continued operations and refurbishment on
                                                          historic and cultural resources located onsite and in
                                                          the transmission line ROW are analyzed on a plant-
                                                          specific basis. The NRC will perform a National
                                                          Historic Preservation Act (NHPA) Section 106 review,
                                                          in accordance with 36 CFR Part 800 which includes
                                                          consultation with the State and Tribal Historic
                                                          Preservation Officers, Indian Tribes, and other
                                                          interested parties.
----------------------------------------------------------------------------------------------------------------

[[Page 13355]]

 
                                                 Socioeconomics
----------------------------------------------------------------------------------------------------------------
Employment and income, recreation and                 1  SMALL. Although most nuclear plants have large numbers
 tourism.                                                 of employees with higher than average wages and
                                                          salaries, employment, income, recreation, and tourism
                                                          impacts from continued operations and refurbishment
                                                          associated with license renewal are expected to be
                                                          small.
Tax revenue................................           1  SMALL. Nuclear plants provide tax revenue to local
                                                          jurisdictions in the form of property tax payments,
                                                          payments in lieu of tax (PILOT), or tax payments on
                                                          energy production. The amount of tax revenue paid
                                                          during the license renewal term as a result of
                                                          continued operations and refurbishment associated with
                                                          license renewal is not expected to change.
Community services and education...........           1  SMALL. Changes resulting from continued operations and
                                                          refurbishment associated with license renewal to local
                                                          community and educational services would be small.
                                                          With little or no change in employment at the
                                                          licensee's plant, value of the power plant, payments
                                                          on energy production, and PILOT payments expected
                                                          during the license renewal term, community and
                                                          educational services would not be affected by
                                                          continued power plant operations.
Population and housing.....................           1  SMALL. Changes resulting from continued operations and
                                                          refurbishment associated with license renewal to
                                                          regional population and housing availability and value
                                                          would be small. With little or no change in employment
                                                          at the licensee's plant expected during the license
                                                          renewal term, population and housing availability and
                                                          values would not be affected by continued power plant
                                                          operations.
Transportation.............................           1  SMALL. Changes resulting from continued operations and
                                                          refurbishment associated with license renewal to
                                                          traffic volumes would be small.
----------------------------------------------------------------------------------------------------------------
                                                  Human Health
----------------------------------------------------------------------------------------------------------------
Radiation exposures to plant workers.......           1  SMALL. Occupational doses from continued operations and
                                                          refurbishment associated with license renewal are
                                                          expected to be within the range of doses experienced
                                                          during the current license term, and would continue to
                                                          be well below regulatory limits.
Radiation exposures to the public..........           1  SMALL. Radiation doses to the public from continued
                                                          operations and refurbishment associated with license
                                                          renewal are expected to continue at current levels,
                                                          and would be well below regulatory limits.
Chemical hazards...........................           1  SMALL. Chemical hazards to plant workers resulting from
                                                          continued operations and refurbishment associated with
                                                          license renewal are expected to be minimized by the
                                                          licensee implementing good industrial hygiene
                                                          practices as required by permits and Federal and State
                                                          regulations. Chemical releases to the environment and
                                                          the potential for impacts to the public are expected
                                                          to be minimized by adherence to discharge limitations
                                                          of NPDES and other permits.
Microbiological hazards to plant workers...           1  SMALL. Occupational health impacts are expected to be
                                                          controlled by continued application of accepted
                                                          industrial hygiene practices to minimize worker
                                                          exposures as required by permits and Federal and State
                                                          regulations.
Microbiological hazards to the public......           2  SMALL, MODERATE, or LARGE. These microorganisms are not
                                                          expected to be a problem at most operating plants
                                                          except possibly at plants using cooling ponds, lakes,
                                                          canals, or that discharge to waters of the United
                                                          States accessible to the public. Impacts would depend
                                                          on site-specific characteristics.
Electromagnetic fields (EMFs) \6\..........     \5\ N/A  Uncertain impact. Studies of 60-Hz EMFs have not
                                                          uncovered consistent evidence linking harmful effects
                                                          with field exposures. EMFs are unlike other agents
                                                          that have a toxic effect (e.g., toxic chemicals and
                                                          ionizing radiation) in that dramatic acute effects
                                                          cannot be forced and longer-term effects, if real, are
                                                          subtle. Because the state of the science is currently
                                                          inadequate, no generic conclusion on human health
                                                          impacts is possible.
Physical occupational hazards..............           1  SMALL. Occupational safety and health hazards are
                                                          generic to all types of electrical generating
                                                          stations, including nuclear power plants, and are of
                                                          small significance if the workers adhere to safety
                                                          standards and use protective equipment as required by
                                                          Federal and State regulations.
Electric shock hazards \4\.................           2  SMALL, MODERATE, or LARGE. Electrical shock potential
                                                          is of small significance for transmission lines that
                                                          are operated in adherence with the National Electrical
                                                          Safety Code (NESC). Without a review of conformance
                                                          with NESC criteria of each nuclear power plant's in-
                                                          scope transmission lines, it is not possible to
                                                          determine the significance of the electrical shock
                                                          potential.
----------------------------------------------------------------------------------------------------------------
                                              Postulated Accidents
----------------------------------------------------------------------------------------------------------------
Design-basis accidents.....................           1  SMALL. The NRC staff has concluded that the
                                                          environmental impacts of design-basis accidents are of
                                                          small significance for all plants.
Severe accidents \7\.......................           1  SMALL. The probability-weighted consequences of
                                                          atmospheric releases, fallout onto open bodies of
                                                          water, releases to groundwater, and societal and
                                                          economic impacts from severe accidents are small for
                                                          all plants. Severe accident mitigation alternatives do
                                                          not warrant further plant-specific analysis because
                                                          the demonstrated reductions in population dose risk
                                                          and continued severe accident regulatory improvements
                                                          substantially reduce the likelihood of finding cost-
                                                          effective significant plant improvements.
----------------------------------------------------------------------------------------------------------------
                                              Environmental Justice
----------------------------------------------------------------------------------------------------------------
Impacts on minority populations, low-income           2  Impacts on minority populations, low-income
 populations, and Indian tribes.                          populations, Indian tribes, and subsistence
                                                          consumption resulting from continued operations and
                                                          refurbishment associated with license renewal will be
                                                          addressed in nuclear plant-specific reviews.
----------------------------------------------------------------------------------------------------------------
                                                Waste Management
----------------------------------------------------------------------------------------------------------------
Low-level waste storage and disposal.......           1  SMALL. The comprehensive regulatory controls that are
                                                          in place and the low public doses being achieved at
                                                          reactors ensure that the radiological impacts on the
                                                          environment would remain small during the license
                                                          renewal term.

[[Page 13356]]

 
Onsite storage of spent nuclear fuel.......           1  During the license renewal term, SMALL. The expected
                                                          increase in the volume of spent fuel from an
                                                          additional 20 years of operation can be safely
                                                          accommodated onsite during the license renewal term
                                                          with small environmental impacts through dry or pool
                                                          storage at all plants.
                                                         For the period after the licensed life for reactor
                                                          operations, the impacts of onsite storage of spent
                                                          nuclear fuel during the continued storage period are
                                                          discussed in NUREG-2157 and as stated in Sec.
                                                          51.23(b), shall be deemed incorporated into this
                                                          issue.
Offsite radiological impacts of spent                 1  For the high-level waste and spent-fuel disposal
 nuclear fuel and high-level waste disposal.              component of the fuel cycle, the EPA established a
                                                          dose limit of 0.15 mSv (15 millirem) per year for the
                                                          first 10,000 years and 1.0 mSv (100 millirem) per year
                                                          between 10,000 years and 1 million years for offsite
                                                          releases of radionuclides at the proposed repository
                                                          at Yucca Mountain, Nevada.
                                                         The Commission concludes that the impacts would not be
                                                          sufficiently large to require the NEPA conclusion, for
                                                          any plant, that the option of extended operation under
                                                          10 CFR part 54 should be eliminated. Accordingly,
                                                          while the Commission has not assigned a single level
                                                          of significance for the impacts of spent fuel and high
                                                          level waste disposal, this issue is considered
                                                          Category 1.
Mixed-waste storage and disposal...........           1  SMALL. The comprehensive regulatory controls and the
                                                          facilities and procedures that are in place ensure
                                                          proper handling and storage, as well as negligible
                                                          doses and exposure to toxic materials for the public
                                                          and the environment at all plants. License renewal
                                                          would not increase the small, continuing risk to human
                                                          health and the environment posed by mixed waste at all
                                                          plants. The radiological and nonradiological
                                                          environmental impacts of long-term disposal of mixed
                                                          waste from any individual plant at licensed sites are
                                                          small.
Nonradioactive waste storage and disposal..           1  SMALL. No changes to systems that generate
                                                          nonradioactive waste are anticipated during the
                                                          license renewal term. Facilities and procedures are in
                                                          place to ensure continued proper handling, storage,
                                                          and disposal, as well as negligible exposure to toxic
                                                          materials for the public and the environment at all
                                                          plants.
----------------------------------------------------------------------------------------------------------------
                                   Greenhouse Gas Emissions and Climate Change
----------------------------------------------------------------------------------------------------------------
Greenhouse gas impacts on climate change...           1  SMALL. Greenhouse gas impacts on climate change from
                                                          continued operations and refurbishment associated with
                                                          license renewal are expected to be small at all
                                                          plants. Greenhouse gas emissions from routine
                                                          operations of nuclear power plants are typically very
                                                          minor, because such plants, by their very nature, do
                                                          not normally combust fossil fuels to generate
                                                          electricity.
                                                         Greenhouse gas emissions from construction vehicles and
                                                          other motorized equipment for refurbishment activities
                                                          would be intermittent and temporary, restricted to the
                                                          refurbishment period. Worker vehicle greenhouse gas
                                                          emissions for refurbishment would be similar to worker
                                                          vehicle emissions from normal nuclear power plant
                                                          operations.
Climate change impacts on environmental               2  Climate change can have additive effects on
 resources.                                               environmental resource conditions that may also be
                                                          directly impacted by continued operations and
                                                          refurbishment during the license renewal term. The
                                                          effects of climate change can vary regionally and
                                                          climate change information at the regional and local
                                                          scale is necessary to assess trends and the impacts on
                                                          the human environment for a specific location. The
                                                          impacts of climate change on environmental resources
                                                          during the license renewal term are location-specific
                                                          and cannot be evaluated generically.
----------------------------------------------------------------------------------------------------------------
                                               Cumulative Effects
----------------------------------------------------------------------------------------------------------------
Cumulative effects.........................           2  Cumulative effects or impacts of continued operations
                                                          and refurbishment associated with license renewal must
                                                          be considered on a plant-specific basis. The effects
                                                          depend on regional resource characteristics, the
                                                          incremental resource-specific effects of license
                                                          renewal, and the cumulative significance of other
                                                          factors affecting the environmental resource.
----------------------------------------------------------------------------------------------------------------
                                               Uranium Fuel Cycle
----------------------------------------------------------------------------------------------------------------
Offsite radiological impacts--individual              1  SMALL. The impacts to the public from radiological
 impacts from other than the disposal of                  exposures have been considered by the Commission in
 spent fuel and high-level waste.                         Table S-3 of this part. Based on information in the
                                                          GEIS, impacts to individuals from radioactive gaseous
                                                          and liquid releases, including radon-222 and
                                                          technetium-99, would remain at or below the NRC's
                                                          regulatory limits.
Offsite radiological impacts--collective              1  There are no regulatory limits applicable to collective
 impacts from other than the disposal of                  doses to the general public from fuel-cycle
 spent fuel and high-level waste.                         facilities. The practice of estimating health effects
                                                          on the basis of collective doses may not be
                                                          meaningful. All fuel-cycle facilities are designed and
                                                          operated to meet the applicable regulatory limits and
                                                          standards. The Commission concludes that the
                                                          collective impacts are acceptable.
                                                         The Commission concludes that the impacts would not be
                                                          sufficiently large to require the NEPA conclusion, for
                                                          any plant, that the option of extended operation under
                                                          10 CFR Part 54 should be eliminated. Accordingly,
                                                          while the Commission has not assigned a single level
                                                          of significance for the collective impacts of the
                                                          uranium fuel cycle, this issue is considered Category
                                                          1.
Nonradiological impacts of the uranium fuel           1  SMALL. The nonradiological impacts of the uranium fuel
 cycle.                                                   cycle resulting from the renewal of an operating
                                                          license for any plant would be small.
Transportation.............................           1  SMALL. The impacts of transporting materials to and
                                                          from uranium-fuel-cycle facilities on workers, the
                                                          public, and the environment are expected to be small.
----------------------------------------------------------------------------------------------------------------
                        Termination of Nuclear Power Plant Operations and Decommissioning
----------------------------------------------------------------------------------------------------------------
Termination of plant operations and                   1  SMALL. License renewal is expected to have a negligible
 decommissioning.                                         effect on the impacts of terminating operations and
                                                          decommissioning on all resources.
----------------------------------------------------------------------------------------------------------------
\1\ Data supporting this table are contained in NUREG-1437, Revision 2, ``Generic Environmental Impact Statement
  for License Renewal of Nuclear Plants'' (February 2023).

[[Page 13357]]

 
\2\ The numerical entries in this column are based on the following category definitions: Category 1: For the
  issue, the analysis reported in the Generic Environmental Impact Statement has shown: (1) The environmental
  impacts associated with the issue have been determined to apply either to all plants or, for some issues, to
  plants having a specific type of cooling system or other specified plant or site characteristic; (2) A single
  significance level (i.e., small, moderate, or large) has been assigned to the impacts (except for offsite
  radiological impacts of spent nuclear fuel and high-level waste disposal and offsite radiological impacts--
  collective impacts from other than the disposal of spent fuel and high-level waste); and (3) Mitigation of
  adverse impacts associated with the issue has been considered in the analysis, and it has been determined that
  additional plant-specific mitigation measures are not likely to be sufficiently beneficial to warrant
  implementation. The generic analysis of the issue may be adopted in each plant-specific review. Category 2:
  For the issue, the analysis reported in the Generic Environmental Impact Statement has shown that one or more
  of the criteria of Category 1 cannot be met, and therefore additional plant-specific review is required.
\3\ The impact findings in this column are based on the definitions of three significance levels. Unless the
  significance level is identified as beneficial, the impact is adverse, or in the case of ``small,'' may be
  negligible. The definitions of significance follow: SMALL--For the issue, environmental effects are not
  detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of
  the resource. For the purposes of assessing radiological impacts, the Commission has concluded that those
  impacts that do not exceed permissible levels in the Commission's regulations are considered small as the term
  is used in this table. MODERATE--For the issue, environmental effects are sufficient to alter noticeably, but
  not to destabilize, important attributes of the resource. LARGE--For the issue, environmental effects are
  clearly noticeable and are sufficient to destabilize important attributes of the resource. For issues where
  probability is a key consideration (i.e., accident consequences), probability was a factor in determining
  significance.
\4\ This issue applies only to the in-scope portion of electric power transmission lines, which are defined as
  transmission lines that connect the nuclear power plant to the substation where electricity is fed into the
  regional power distribution system and transmission lines that supply power to the nuclear plant from the
  grid.
\5\ NA (not applicable). The categorization and impact finding definitions do not apply to these issues.
\6\ If, in the future, the Commission finds that, contrary to current indications, a consensus has been reached
  by appropriate Federal health agencies that there are adverse health effects from electromagnetic fields, the
  Commission will require applicants to submit plant-specific reviews of these health effects as part of their
  license renewal applications. Until such time, applicants for license renewal are not required to submit
  information on this issue.
\7\ Although the NRC does not anticipate any license renewal applications for nuclear power plants for which a
  previous severe accident mitigation design alternative (SAMDA) or severe accident mitigation alternative
  (SAMA) analysis has not been performed, alternatives to mitigate severe accidents must be considered for all
  plants that have not considered such alternatives and would be the functional equivalent of a Category 2 issue
  requiring site-specific analysis.


    Dated: February 23, 2023.

    For the Nuclear Regulatory Commission.
Brooke P. Clark,
Secretary of the Commission.
[FR Doc. 2023-04102 Filed 3-2-23; 8:45 am]
BILLING CODE 7590-01-P