[Federal Register Volume 91, Number 128 (Tuesday, July 7, 2026)]
[Proposed Rules]
[Pages 42086-42133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13687]
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Vol. 91
Tuesday,
No. 128
July 7, 2026
Part IV
Nuclear Regulatory Commission
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10 CFR Parts 2, 30, et al.
Implementation of the National Environmental Policy Act; Proposed Rule
Federal Register / Vol. 91 , No. 128 / Tuesday, July 7, 2026 /
Proposed Rules
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 30, 40, 50, 51, 52, 53, 54, 61, 70, 72, 76, and 110
[NRC-2025-0478]
RIN 3150-AL38
Implementation of the National Environmental Policy Act
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
revise the NRC's regulations to streamline and modernize its
implementation of the National Environmental Policy Act of 1969, as
amended (NEPA). These proposed revisions address Presidential
directives in Executive Order (E.O.) 14300, ``Ordering the Reform of
the Nuclear Regulatory Commission,'' E.O. 14154, ``Unleashing American
Energy,'' Executive Order 14192, ``Unleashing Prosperity Through
Deregulation,'' Executive Order 14270, ``Zero-Based Regulatory
Budgeting to Unleash American Energy;'' recent amendments to NEPA; and
relevant NEPA case law. In addition, these proposed revisions aim to
reduce regulatory burden while complying with NEPA requirements. The
proposed rule would narrow the scope of NEPA reviews to effects (or
impacts) within the NRC's substantive statutory authority; revise
definitions; update procedures for determining the level of NEPA
review; establish new categorical exclusions; provide new flexibility
for licensees, applicants, and petitioners for rulemaking to submit
environmental information; and remove outdated requirements and
consolidate content provisions to improve clarity and efficiency.
Consistent with section 102(2)(B) of NEPA and E.O. 14300, the NRC
consulted with the Council on Environmental Quality (CEQ) during the
development of this proposed rule. The NRC is issuing new draft
guidance NUREG-2270, ``Environmental Review Guidance for U.S. Nuclear
Regulatory Commission Actions,'' for the implementation of the proposed
requirements in this rulemaking. The NRC staff will carry out its NEPA
responsibilities consistent with the proposed requirements in this
rulemaking and the guidance in NUREG-2270.
DATES: Comments must be submitted electronically using https://www.regulations.gov by 11:59 p.m. eastern time on August 21, 2026.
Comments received after this date will be considered if it is practical
to do so, but the Commission is able to ensure consideration of only
comments received before this date.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2025-0478,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
Do not include any personally identifiable information (such as
name, address, or other contact information) or confidential business
information that you do not want publicly disclosed. All comments are
public records; they are publicly displayed exactly as received, and
will not be deleted, modified, or redacted. Comments may be submitted
anonymously.
Follow the search instructions on https://www.regulations.gov to
view public comments.
You can read a plain language description of this proposed rule at
https://www.regulations.gov/docket/NRC-2025-0478. 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: Michelle Rome, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-0492, email:
[email protected] and Andrew Carrera, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-1078, email:
[email protected]. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
B. Submitting Comments
II. Executive Order 14300: Ordering the Reform of the Nuclear
Regulatory Commission
III. Background
IV. Discussion
V. Specific Request for Comment
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act
XII. Executive Orders
XIII. Availability of Guidance
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-0478 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-2025-0478.
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 ``ADAMS Public 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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
Public Meeting: The NRC may conduct a public meeting to
describe the proposed amendments and answer questions from the public
on the proposed rule. If the NRC determines it will hold a public
meeting, NRC will publish a notice of the location, time, and agenda of
the meeting on the NRC's public meeting website within 10 calendar days
of 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.
B. Submitting Comments
Comments must be submitted using https://www.regulations.gov by
11:59 p.m. eastern time on August 21, 2026. Please include Docket ID
NRC-2025-0478 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
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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. Executive Order 14300: Ordering the Reform of the Nuclear
Regulatory Commission
On May 23, 2025, President Donald J. Trump signed E.O. 14300,
``Ordering the Reform of the Nuclear Regulatory Commission.'' Section
5, ``Reforming and Modernizing the NRC's Regulations,'' requires the
NRC to undertake a review and wholesale revision of its regulations and
guidance documents as guided by the policies set forth in section 2 of
the E.O. This rulemaking significantly streamlines NEPA review
requirements, reduces unnecessary regulatory burden, and expands
licensing efficiencies and flexibilities in accordance with section
5(c), which requires the NRC to ``[r]evise, in consultation with the
Council on Environmental Quality, NRC regulations governing NRC's
compliance with NEPA to reflect the Congress's 2023 amendments to that
statute and the policies articulated in sections 2 and 5 of Executive
Order 14154 of January 20, 2025 (Unleashing American Energy).''
III. Background
NEPA sets forth a national policy for promoting environmental
stewardship and ensuring that humans and nature can coexist in
productive harmony. It requires Federal agencies to prepare detailed
statements for major Federal actions significantly affecting the
quality of the human environment, aiming to inform both agency
decision-making and the public. NEPA emphasizes process over outcomes,
focusing on informed decisions rather than mandating specific results.
The proposed revisions to the NRC's regulations in title 10 of the Code
of Federal Regulations (10 CFR) part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
implement NEPA in a manner which is consistent with the NRC's domestic
licensing and related regulatory authority under the Atomic Energy Act
of 1954, as amended (AEA), the Energy Reorganization Act of 1974, as
amended, and the Uranium Mill Tailings Radiation Control Act of 1978.
These proposed updates to streamline NEPA reviews would reduce
regulatory burden and retain and expand licensing efficiencies within
10 CFR part 51 as required by Presidential directives in E.O.s, in
consideration of amendments made to NEPA by the Fiscal Responsibility
Act of 2023 (FRA) and the One Big Beautiful Bill Act, Public Law 119-
21, 139 Stat. 72 (2025) (OBBBA), and the U.S. Supreme Court's recent
decision in Seven County Infrastructure Coalition v. Eagle County,
Colorado, 605 U.S. 168 (2025), which has clarified the law governing
NEPA analysis in multiple significant respects. In addition, the
proposed revisions address Commission direction in Staff Requirements
Memorandum (SRM)-SECY-24-0046, ``Implementation of the Fiscal
Responsibility Act of 2023 National Environmental Policy Act
Amendments,'' and SRM-SECY-25-0007, ``Withdrawing the Environmental
Justice Policy Statement and Environmental Justice Strategy.'' These
directives are discussed below.
1. Executive Orders
E.O. 14300 section 5(c) directs the NRC to revise its regulations
consistent with ``the policies articulated in sections 2 and 5 of
Executive Order 14154.'' E.O. 14154 rescinded E.O. 11991, ``Relating to
Protection and Enhancement of Environmental Quality,'' issued by
President Carter and previously cited by CEQ as the basis for its
authority to engage in rulemaking under NEPA. Shortly thereafter, the
CEQ rescinded its NEPA implementing regulations (40 CFR parts 1500-
1508), effective April 11, 2025, ``Removal of National Environmental
Policy Act Implementing Regulations.'' The CEQ subsequently issued
guidance on September 29, 2025, with its ``Memorandum for Heads of
Federal Departments and Agencies: Implementation of the National
Environmental Policy Act,'' and its associated ``Agency NEPA Procedures
Template'' (``CEQ Guidance'').
E.O. 14154 instructs agencies, consistent with applicable law, to
``prioritize efficiency and certainty over any other objectives . . .
that do not align with the policy goals set forth in section 2 of this
order or that could otherwise add delays and ambiguity to the
permitting process.'' The NRC is revising its NEPA implementing
regulations in 10 CFR part 51 to be consistent with these E.O.s and to
enhance the efficiency, clarity, and predictability of its
environmental review process. The NRC developed this proposed rule
consistent with the CEQ Guidance.
2. Fiscal Responsibility Act of 2023, National Environmental Policy Act
Amendments
Congress passed the FRA, Public Law 118-5, signed into law on June
3, 2023, to add substantial details to streamline NEPA and codify
procedural requirements, with modifications, including procedures that
the NRC had previously addressed in its own regulations in 10 CFR part
51. The NEPA amendments became immediately applicable to the NRC (and
other agencies subject to NEPA) upon FRA's enactment.
On May 30, 2024, the NRC staff provided SECY-24-0046,
``Implementation of the Fiscal Responsibility Act of 2023 National
Environmental Policy Act Amendments,'' to the Commission for
consideration. In SECY-24-0046, the NRC staff included recommendations
to streamline the NRC's regulations in 10 CFR part 51 to enhance the
efficiency and effectiveness of the NRC's environmental reviews in
light of the FRA. On July 28, 2025, the Commission issued SRM-SECY-24-
0046, in which it approved the NRC staff's recommendations. In the SRM
to SECY-24-0046, among other things, the Commission directed the NRC
staff to conduct rulemaking for 10 CFR part 51 to make NRC's
environmental reviews more efficient. The Commission directed the staff
to examine narrowing the scope of the NRC's NEPA reviews to only those
environmental effects with a direct connection to radiological impacts
(see SRM-SECY-24-0046). The Commission also directed the staff to
consider establishing categorical exclusions for actions beyond those
currently listed in Sec. 51.22, including but not limited to
subsequent license renewals, power uprate license amendments,
microreactor licensing, advanced demonstration projects, site envelopes
for specific reactor technologies, and site decommissioning.
Additionally, the Commission approved the NRC staff's
recommendations to modify the purpose and need statements in NEPA
reviews to focus on the agency action, typically issuance of a license;
authorize project sponsor preparation of environmental assessments (EA)
or environmental impact statements (EIS); consider additional options
in rulemaking to streamline and enhance NEPA review efficiencies
related to deadlines and
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extensions, bifurcated application submittals, detailed acceptance
criteria for environmental information, and opportunities for
preapplication interactions; and update guidance to include
reevaluations of generic analyses without rulemaking.
3. Executive Order 14173: Ending Illegal Discrimination and Restoring
Merit-Based Opportunity
E.O. 14173, ``Ending Illegal Discrimination and Restoring Merit-
Based Opportunity,'' issued on January 21, 2025, revoked E.O. 12898,
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations,'' issued on February 11, 1994,
among other things. In response to E.O. 14173, the Commission directed
the staff, in SRM-COMSECY-25-0007, ``Withdrawing the Environmental
Justice Policy Statement and Environmental Justice Strategy,'' to
undertake a comprehensive review of the NRC's environmental
regulations, guidance, and training materials to remove references to
environmental justice (EJ). The Commission also directed the staff to
refrain from explicitly addressing EJ in its reviews under NEPA and
ensure that those reviews fully comply with the requirements of NEPA.
On April 30, 2025, the NRC withdrew its Policy Statement on the
Treatment of Environmental Justice Matters in NRC Regulatory and
Licensing Actions (Environmental Justice Policy Statement) and its
Environmental Justice Strategy.
4. Seven County Infrastructure Coalition v. Eagle County, Colorado
On May 29, 2025, the U.S. Supreme Court issued a decision in Seven
County Infrastructure Coalition v. Eagle County, Colorado, 605 U.S. 168
(2025). The Court emphasized that NEPA does not require agencies to
evaluate potential environmental effects arising from ``future or
geographically separate projects,'' ``particularly'' those over which
the agencies do not ``exercise regulatory authority.'' Id. at 186-190;
see also id. at 186-87 (``[T]he textually mandated focus of NEPA is the
. . . project at hand.''). More directly relevant to the NRC's
activities and this proposed rule, the Court also reaffirmed the
holding of Department of Transportation v. Public Citizen, 541 U.S. 752
(2004), reiterating that ``agencies are not required to analyze the
effects of projects over which they do not exercise regulatory
authority.'' Seven Cnty. Infra. Coal. v. Eagle Cnty., 605 U.S. at 188-
189.
5. One Big Beautiful Bill Act of 2025, Sponsor Opt-In Fees
Congress again amended NEPA in 2025 through section 60026 of the
OBBBA, adding section 112 of NEPA, titled ``Project Sponsor Opt-in Fees
for Environmental Reviews.'' This provision allows project sponsors to
pay a fee to obtain shortened NEPA review deadlines.
6. Council on Environmental Quality Consultation
Consistent with section 102(2)(B) of NEPA and E.O. 14300, the NRC
consulted with the CEQ during the development of this proposed rule to
ensure consistency with Federal government-wide policies and practices.
The changes in this rulemaking would address recently issued E.O.s
and the Commission's direction in SRM-COMSECY-25-0007 and SRM-SECY-24-
0046. Details of the proposed revisions are provided in the
``Discussion'' section.
IV. Discussion
A. What action is the NRC taking?
In this rulemaking, the NRC is proposing to streamline and
modernize 10 CFR part 51 regulations and associated guidance to
alleviate unnecessary regulatory burden, expand licensing efficiencies
and flexibilities, address executive actions, and ensure compliance
with NEPA. The NRC is proposing to remove portions of 10 CFR part 51
that are not required to be in regulation because they are codified in
NEPA or established in caselaw, and thus can instead be addressed in
guidance, allowing for greater flexibility without reducing efficient
resolution of procedural issues in hearings.
The elements proposed to be revised in 10 CFR part 51 would
include:
1. Definitions (Sec. 51.4):
The NRC is proposing to revise the definition of effects in 10 CFR
part 51 (or impacts, which are used interchangeably for the purposes of
10 CFR part 51 consistent with general NEPA practice) to align with the
definition of effects in the CEQ Guidance and in response to recent
efforts to streamline NEPA and the NRC's permitting processes (e.g.,
the FRA amendments to NEPA, the Accelerating Deployment of Versatile,
Advanced Nuclear For Clean Energy Act of 2024, and recent executive
orders). Specifically, the NRC is redefining the scope of the
environmental effects to those effects from the proposed agency action
that are within the agency's substantive authority to take action to
address (e.g., by denying or conditioning a license).
The CEQ's recommended definition of ``effects'' explains that a
``but for'' causal relationship is insufficient to make an agency
responsible for a particular effect under NEPA as recently interpreted
by the U.S. Supreme Court in Seven County. The definition also excludes
``effects that the agency has no ability to prevent due to the limits
of its regulatory authority,'' consistent with the U.S. Supreme Court's
holding in Public Citizen and reaffirmed in Seven County. This proposed
definition is also consistent with the Commission's consideration in
2022 that ``[u]nder NEPA, `[a]n agency has no obligation to gather or
consider environmental information if it has no statutory authority to
act on that information.''' NextEra Energy Point Beach, LLC (Point
Beach Nuclear Plant Units 1 and 2), CLI-22-5, 95 NRC 97, 104-05 (2022)
(quoting Sierra Club v. FERC (Sabal Trail), 867 F.3d 1357, 1371-73
(D.C. Cir. 2017)).
The NRC's regulatory authority is generally limited to matters with
a reasonable nexus to radiological health and safety or the common
defense and security, except concerning AEA Sec. 11e.(2) byproduct
material (72 FR 57416; Oct. 9, 2007, and 76 FR 56961; Sept. 15, 2011).
This interpretation has been reviewed and upheld repeatedly by the
courts. In 1969, the U.S. Court of Appeals for the First Circuit
reviewed this issue in New Hampshire v. the Atomic Energy Commission
[AEC], 406 F.2d 170 (1st Cir. 1969), cert. denied, 395 U.S. 962 (1969).
The First Circuit, after noting that the scope of the terms ``public
health and safety'' were not specifically defined in the statute,
reviewed the legislative history. Id. at 173-75 (citing as examples
``[AEA] Sections 53(b), 63(b), 69, 81, 103(d), 104(d), 161(b), and
161(i)''). Based upon its review, the First Circuit concluded that the
AEC's (the NRC's predecessor agency) regulatory authority was limited
to the scrutiny of and protection against radiation hazards. The U.S.
Court of Appeals for the District of Columbia Circuit similarly agreed
that the AEA limits the NRC's consideration of health and safety to the
special hazards of radioactivity. People Against Nuclear Energy v.
Nuclear Regulatory Commission, 678 F.2d 222 (D.C. Cir. 1982), rev'd on
other grounds, Metropolitan Edison Company v. People Against Nuclear
Energy, 460 U.S. 766 (1983). It is important to note that while the
Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) amended
the AEA to give the NRC the authority ``to protect the public health
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and safety and the environment from radiological and nonradiological
hazards associated with the processing and with the possession of such
material'' with respect to certain byproduct material (Sec. 84.a.(1)
of the AEA), the NRC's authority over nonradiological hazards is
limited to those hazards specifically associated with the processing
and possession of byproduct material. The NRC's authorizing statutes
and other legislation express a Federal policy to restore, protect, or
enhance environmental quality (e.g., Energy Reorganization Act of 1974
Sec. 2(a), ADVANCE Act Sec. 501). This policy direction is reflected
in the NRC's mission statement, ``The NRC protects public health and
safety and advances the nation's common defense and security by
enabling the safe and secure use and deployment of civilian nuclear
energy technologies and radioactive materials through efficient and
reliable licensing, oversight, and regulation for the benefit of
society and the environment.'' However, the NRC's ability to take
action to meet these policy directives is limited by the scope of its
statutory authority to implement these goals; this proposed rule would
ensure that the NRC's NEPA activities align the scope of its reviews
with the scope of its authority to carry out its environmental
protection mission.
Therefore, under this proposed rule, the NRC's evaluation of
reasonably foreseeable effects of the proposed agency action and
reasonable range of action alternatives (e.g., the no-action
alternative) would focus on those radiological effects that the NRC has
the substantive statutory authority to regulate (e.g., radiological
impacts and, in some cases, the impact of chemical hazards of
radiological materials), as described in the definition of ``effects''
in Sec. 51.4. This means that while certain activities and their
associated effects may have a close-causal relationship with the
proposed agency action, the NRC may not have legal authority to prevent
or mitigate the effects and therefore, will not consider those effects
in its NEPA reviews. See Seven County, 605 U.S. at 199-200 (Sotomayor,
J., concurring) (``NEPA requires consideration of environmental impacts
only if such consideration would result in information on which the
agency could act.'') For example, although the NRC has the statutory
authority to issue a construction permit, it does not have the
authority to condition or deny the permit to mitigate the non-
radiological impacts--such as dust, noise, non-radiological water and
air quality impacts, non-radiological ecological impacts, etc., during
construction. See 72 FR 57416. The exception to this narrowed NEPA
scope would be NEPA reviews for actions related to AEA Sec. 11e.(2)
byproduct materials (e.g., mill tailings), for which the NRC has
additional regulatory authority to protect the public health and safety
and the environment from radiological and nonradiological hazards
associated with the processing and the possession of such material. See
76 FR 56961. In practice, this change would mean that contested
hearings adjudicating NEPA contentions would focus solely on those
radiological effects that the NRC has the substantive statutory
authority to regulate. Finally, the proposed definition of effects
would not preclude appropriate consideration of environmental effects
for activities for which the NRC has discretion to consider broader
environmental effects, such as when issuing grants or procuring
research.
The NRC is also proposing a number of changes to certain terms and
definitions to provide clarity. The NRC is proposing to revise the
definition of construction in 10 CFR part 51 to reference the
definitions in other parts of the chapter to avoid inconsistencies if
the NRC considers changes to the definitions in those parts (e.g., 10
CFR part 53, ``Risk-Informed, Technology-Inclusive Regulatory Framework
for Commercial Nuclear Plants''). The term ``construction'' in NRC
regulations is generally used to separate activities that require NRC
authorization (i.e., construction that could affect radiological health
and safety) from those that do not, which are often described as ``pre-
construction'' activities.
In response to revisions to NEPA regarding the uses of the terms
``head of agency'' and ``responsible official,'' the NRC is defining
both ``head of agency'' and ``responsible official'' to mean the NRC's
Executive Director for Operations. The Executive Director for
Operations may also delegate its authority under 10 CFR part 51 to any
appropriate NRC staff director.
Finally, the NRC is updating its definitions in Sec. 51.4 for
consistency with the terms and definitions in the CEQ Guidance. In
addition, the NRC is removing the terms defined in NEPA section 111
and, instead, referring directly to that NEPA section (e.g.,
categorical exclusion, cooperating agency, EA, environmental document,
EIS, finding of no significant impact).
2. Determining When NEPA Applies (Sec. 51.19):
As a first step in the NEPA review process, the NRC must determine
whether NEPA applies to a proposed agency action. The NRC is proposing
to revise 10 CFR part 51 to codify in new Sec. 51.19 criteria for
determining when NEPA does not apply or when NEPA review is not
required in accordance with NEPA sections 106(a) and 111, consistent
with CEQ Guidance. For example, NEPA would not apply when the proposed
agency action does not result in final agency action under the
Administrative Procedure Act (5 U.S.C. 704), and NEPA review is not
required in circumstances where Congress, by statute, has prescribed
decisional criteria with sufficient completeness and precision such
that the NRC retains no residual discretion to alter its action based
on the consideration of environmental factors, that is, the action is
considered nondiscretionary within the meaning of NEPA sections
106(a)(4) or 111(10)(B)(vii), respectively. Additionally, NEPA does not
apply when the proposed agency action is not a ``major Federal action''
as defined in NEPA section 111. The NRC is proposing to include in
Sec. 51.19 an illustrative list of the types of actions that are
generally considered ``major,'' such as an application for a new
license or permit and application for renewal of a license or permit,
to help clarify when an action is a ``major Federal action.''
Furthermore, NEPA does not apply to ``non-Federal actions,'' that is,
those actions with no or minimal Federal funding, or no or minimal
Federal involvement whereby a Federal agency cannot control the outcome
of the project (NEPA section 111(10)(B)(i)). The proposed new
regulation at Sec. 51.19 also identifies actions that do not meet the
definition of a ``major Federal action'' such as actions initiating or
relating to administrative or judicial civil or criminal enforcement
actions or proceedings.
3. Purpose and Need of the Proposed Agency Action:
In alignment with the FRA's amendments to NEPA, SRM-SECY-24-0046,
and recent case law, the NRC's proposed revisions to 10 CFR part 51
would significantly streamline NEPA reviews by (1) redefining the scope
of the proposed agency action, (e.g., to approve an applicant's
request) and (2) narrowing the scope of the purpose and need and, thus,
reducing the number of alternatives to those within the NRC's
substantive authority.
Modifying the purpose and need to focus on the agency action is
based on amendments to NEPA in the FRA, which inserted the word
``agency'' into the phrase ``proposed agency action.'' In
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SRM-SECY-24-0046, in which the Commission approved the NRC staff's
recommendation to pursue this change through rulemaking, the Commission
further clarified that the ``staff should limit the alternative
analysis to avoid analysis of forms of generation outside the NRC's
regulatory and licensing authority.'' Consistent with this Commission
direction and FRA amendments, the proposed rule would add the word
``agency'' to the phrase ``proposed action'' throughout NEPA. As a
result, the agency action at the NRC will typically be the regulatory
or licensing decision (e.g., whether to issue an operating license) for
the purposes of NEPA and 10 CFR part 51. The proposed agency action
drives the scope of the purpose and need, and thus, the alternatives to
the proposed agency action. Therefore, in most cases, the reasonable
range of alternatives to the NRC regulatory or licensing decision would
be defined as and limited to the no-action alternative (e.g., not
issuing the license) because not engaging in regulatory or licensing
decisions is the only reasonable alternative to the agency action. That
is, the NRC would not consider alternatives to the proposed agency
action that the agency does not have the authority to implement (e.g.,
facility siting and other technology or energy alternatives). The
reasonably foreseeable effects of the no-action alternative would
continue to include the negative environmental impacts of not
implementing the proposed agency action.
4. Level of NEPA Review (Sec. 51.20):
The NRC is proposing to revise 10 CFR part 51 to provide more
flexibilities in determining whether to prepare an EA or EIS, which
will help streamline the NEPA review process. This change would
incorporate NEPA section 106(b), added by the FRA, which establishes
threshold determinations for when a Federal agency should prepare an EA
or EIS and is based on a determination of the significance of the
reasonably foreseeable effect of the proposed agency action on the
quality of the human environment. As such, the NRC is proposing to
revise 10 CFR part 51 to eliminate the list of specific agency actions
requiring the preparation of an EIS in Sec. 51.20 and reflect NEPA
section 106(b), except where an EIS is required by statute, and add
procedures for determining the appropriate level of NEPA review.
Removing the list of actions in Sec. 51.20(b) that automatically
require an EIS would provide greater flexibility to consider and
implement streamlined environmental review approaches, where
appropriate, and would eliminate the need for exemptions to allow the
preparation of an EA where an EIS is currently required by NRC
regulations. The exception is the issuance of a license for
construction and operation of a uranium enrichment facility, for which
section 193 of the AEA requires preparation of an EIS.
Therefore, after determining that NEPA applies, the NRC would
analyze and determine whether to apply an established categorical
exclusion to the proposed agency action pursuant to Sec. 51.22. If the
NRC cannot apply a categorical exclusion, the NRC will consider the
proposed agency action's reasonably foreseeable effects to determine
whether to prepare an EA or EIS. The NRC has historically used the term
``special circumstances'' to describe situations in which information
is present that indicates an activity that would normally be
categorically excluded could have significant environmental effects. In
this rulemaking, the NRC is proposing to adopt the term ``extraordinary
circumstances,'' which is identical in meaning. This change in
terminology would bring the NRC's NEPA regulations and procedures more
in line with the rest of the Federal government but does not reflect a
substantive change. In addition, NRC may apply a categorical exclusion
to a proposed agency action when extraordinary circumstances are
present when the NRC determines that despite the extraordinary
circumstance, the proposed agency action is not likely to result in
reasonably foreseeable adverse significant effects or the proposed
agency action is modified to avoid adverse effects.
Once the NRC determines the level of NEPA review required for a
proposed agency action, the NRC will provide a unique identification
number for tracking purposes on all associated environmental review
documents prepared for the proposed agency action. The NRC will
coordinate with CEQ and other Federal agencies to ensure uniformity of
such identification numbers across Federal agencies.
5. Establish new categorical exclusions (Sec. 51.22):
Categorical exclusions are an essential tool for reducing the
regulatory burden for categories of actions that can be shown to have
no significant effect on the quality of the human environment. As
previously discussed, the NRC is proposing to revise Sec. 51.20 to use
the CEQ Guidance for determining the appropriate level of NEPA review.
The first step in determining the level of NEPA review is consideration
of whether to apply a categorical exclusion. The NRC is proposing four
enhancements to its use of categorical exclusions.
First, the NRC is proposing to increase the number and types of
categorical exclusions listed in Sec. 51.22. Second, the NRC is
proposing to revise its regulations to allow for adoption of
categorical exclusions established by other federal agencies in
accordance with NEPA section 109. While this process has been available
since prior to the FRA, the NRC is now proposing to explicitly
incorporate this pathway within its regulations and guidance. Third,
the NRC is proposing a process to establish new categorical exclusions
by listing them on the NRC's website at https://www.nrc.gov/NEPAcatex.
Last, the NRC is proposing to expressly use the petition for rulemaking
process in Sec. 2.802 to allow any interested party, including
licensees and prospective or current applicants, to propose a new
categorical exclusion for the NRC to consider. This expanded framework
for categorical exclusions is consistent with the direction in E.O.
14154 to streamline the permitting process and addresses the direction
in SRM-SECY-24-0046 to consider establishing categorical exclusions for
actions beyond those currently listed in Sec. 51.22, including but not
limited to subsequent license renewals, power uprate license
amendments, microreactor licensing, advanced demonstration projects,
site envelopes for specific reactor technologies, and site
decommissioning. The following discussion provides additional
information under each pathway.
Enhancement 1. Establishing New Categorical Exclusions Under Sec.
51.22: During the NRC's evaluation to identify and establish new
categorical exclusions beyond those listed in Sec. 51.22, the NRC, (i)
consistent with SRM-SECY-24-0046, defined parameters for the categories
of actions to clarify limiting characteristics for each categorical
exclusion; (ii) considered the proposed new definition of ``effects,''
which limits the scope of the effects the NRC would consider under NEPA
to those effects that the NRC has the substantive statutory authority
to mitigate; and (iii) considered the new definition of ``categorical
exclusion'' in NEPA section 111(1). The NRC is proposing to expand the
categories of actions that normally do not significantly affect the
quality of the human environment to the list of categorical exclusions
in Sec. 51.22, such as categorical exclusions related to license
renewal, construction permits, early site permits, and other common
licensing activities. The bases for the new categorical exclusions and
revised
[[Page 42091]]
existing categorical exclusions can be found in ``U.S. Nuclear
Regulatory Commission Written Record of Support of Proposed Amendments
to 10 CFR 51.22 in Accordance with Executive Order 14300 and SRM-SECY-
24-0046,'' which is available as indicated in the ``Availability of
Documents'' section of this document. Additionally, in a separate
proposed rulemaking for 10 CFR part 57, ``Licensing Requirements for
Microreactors and Other Low Consequence Reactors,'' the NRC is
considering a new categorical exclusion, one related to general
licenses for the construction of certain structures, systems related to
the construction and operation of low-consequence reactors,
respectively; while this rule proposes a new categorical exclusion, it
has a separate basis and purpose that the NRC has determined do not
need to be combined with this rulemaking.
Enhancement 2. Adopting a Categorical Exclusion from Another
Agency. In accordance with NEPA section 109, the NRC may adopt a
categorical exclusion established by another federal agency. While
adopting a categorical exclusion from another agency has been available
to Federal agencies previously, the NRC's current regulations and
guidance do not consider or address the possibility of adoption.
Therefore, the NRC is proposing to revise Sec. 51.22 to allow for the
adoption of categorical exclusions listed in another agency's NEPA
procedures. The process for adopting another Federal agency's
categorical exclusion is described in NRC staff's draft guidance, which
aligns with the NEPA section 109 and the CEQ Guidance. Under NEPA
section 109, the NRC may rely on categorical exclusions adopted from
other agencies prior to incorporating them into Sec. 51.22; however,
Sec. 2.335, ``Consideration of Commission rules and regulations in
adjudicatory proceedings,'' which requires a waiver to challenge NRC
regulations in an individual adjudicatory proceeding, would not apply
until the categorical exclusion is added to the NRC's regulations in
Sec. 51.22.
Enhancement 3. Establishing New Categorical Exclusions Outside of
Rulemaking: The NRC recognizes that the current process for
establishing categorical exclusions by regulation might pose some
challenges in establishing new categorical exclusions in the future,
including those that the NRC could adopt from other agencies.
Therefore, the NRC is also revising Sec. 51.22 to add another option
for publishing categorical exclusions established or adopted by the NRC
to provide greater flexibility and increase efficiency. Specifically,
the NRC is proposing to establish categorical exclusions outside of the
rulemaking process via public notification on the NRC's website at
http://www.nrc.gov/NEPAcatex. Categorical exclusions noticed and
published on NRC's website will be incorporated via rulemaking at
appropriate intervals. As with categorical exclusions adopted from
other agencies, Sec. 2.335, ``Consideration of Commission rules and
regulations in adjudicatory proceedings,'' would not apply until the
categorical exclusion is added to the NRC's regulations in Sec. 51.22.
The NRC has developed corresponding guidance in NUREG-2270 outlining
the process for establishing categorical exclusions outside of
rulemaking on its website, which includes consultation with CEQ and
notice to the public.
Enhancement 4. Prospective Applicant or Interested Party-Proposed
Categorical Exclusions: Prospective applicants or any interested party
would also be able to propose a new categorical exclusion for a
category of actions that normally does not significantly affect the
quality of the human environment by submitting a petition for
rulemaking in accordance with Sec. 2.802. Using the existing petition
for rulemaking process provides clarity to the submission process and
ensures the requestor is entitled to updates and a formal response. To
avoid undue delay in establishing a new categorical exclusion, if
requested by the petition, the NRC will consider using the process for
establishing categorical exclusions via publication on NRC's website.
To ensure that the NRC is able to conduct an efficient and timely
review, and that the categorical exclusion is established, if
appropriate, and available when the application is submitted,
prospective applicants and interested parties should submit proposed
categorical exclusions, along with the supporting rationale and bases,
to the NRC at least six months in advance of the expected application
submittal or authorization request.
Finally, the NRC is proposing to revise the definition of
categorical exclusion in 10 CFR part 51 to align with the definition in
NEPA section 111(1) and the definition of previously disturbed areas in
10 CFR part 51 to clarify its meaning is within the context of
categorical exclusions in Sec. 51.22.
6. Application framework: Expand from one to two environmental
information preparation approaches for applicants (Sec. 51.46):
In alignment with the FRA's amendments to NEPA and SRM-SECY-24-
0046, the NRC's proposed revisions to 10 CFR part 51 expand the options
that applicants and petitioners for rulemaking would have for providing
environmental information that the NRC requires to comply with NEPA. If
an action does not fall under an established categorical exclusion, the
proposed revisions to 10 CFR part 51 will allow applicants and
petitioners (in case of a petitioner for rulemaking) to either submit
an environmental report for the NRC to use in developing an
environmental document, or alternatively, applicants and petitioners
for rulemaking can prepare a draft environmental document under NRC's
supervision in accordance with NEPA section 107(f). The latter approach
increases licensing flexibility for applicants and petitioners.
The NRC proposes to add new Sec. 51.46 to establish the procedures
for applicant-prepared or petitioner-prepared draft environmental
documents in accordance with NEPA section 107(f), which requires
Federal agencies to prescribe procedures to allow a project sponsor to
prepare an EA or an EIS under the supervision of the Federal agency.
The proposed procedures in Sec. 51.46 would establish the roles and
responsibilities of applicants and petitioners and the NRC. A
prospective applicant or petitioner for rulemaking would opt-in by
submitting a written request to the NRC prior to beginning preparation
of the draft environmental document or environmental report. The NRC
would in turn evaluate the request and, at its discretion, authorize an
applicant-hired or petitioner-hired contractor to prepare the draft
environmental document. Because the NRC will be responsible for the
contents and findings of the environmental document including any final
determinations and findings, the NRC has defined the term ``draft
environmental document'' in Sec. 51.4 to mean an applicant-prepared EA
or applicant-prepared EIS that does not include an agency-prepared
final impact finding, determination, or other agency decision document,
to distinguish it from the term ``environmental document,'' which is
defined in section 111(5) of NEPA and the NRC is reserving for NRC-
prepared EAs, EISs, and findings of no significant impacts, consistent
with the statutory definition.
Paragraph (a) of Sec. 51.46 would establish the commitments that a
prospective applicant or petitioner must commit to in its request,
including providing the contractor(s) qualifications to the NRC and
ensuring that the contractor(s) will have no financial or other
interest in the outcome of the proposed agency action
[[Page 42092]]
by providing a disclosure statement. To avoid a potential conflict of
interest, the proposed regulations would establish that if a
prospective applicant or petitioner wants to use this process, the
prospective applicant will not be able to prepare the draft
environmental document itself but will need to hire a qualified
contractor because the prospective applicant does have a vested
interest, including a financial interest, in the proposed agency
action. The proposed commitments would also require that the relevant
procurement documents specify that the draft environmental document
must meet the requirements of 10 CFR part 51 and to authorize the NRC
to conduct oversight of the draft environmental document preparation
process. Similarly, a prospective applicant or petitioner and its
contractor must commit to cooperate with the NRC's supervision of the
draft environmental document preparation process and meet the set
schedule. The schedule will be established by the NRC, in accordance
with NEPA deadlines, as proposed in Sec. 51.15, and E.O. 14300
deadlines, which the NRC intends to codify in a separate rulemaking.
The NRC will consult with any cooperating agencies and the applicant
when setting the schedule, as the lead agency determines appropriate.
The NRC, however, would be responsible for determining the level of
NEPA review, providing supervision of and guidance for the prospective
applicant or petitioner and applicant-hired contractor. While an
applicant-hired contractor would prepare a draft environmental document
under this process, the NRC would be responsible for conducting all
consultations required by other environmental statutes unless the NRC
authorizes the prospective applicant or petitioner (or applicant- or
petitioner-hired contractor) to do so, as appropriate, and the
prospective applicant or petitioner (and applicant- or petitioner-hired
contractor, if it is the case) accepts such responsibility. Finally,
the NRC will independently evaluate and take responsibility for the
content, accuracy, and scope of the final environmental document,
including by issuing any final determinations and the final agency
decision on the application.
In addition to being a voluntary process, the NRC is proposing that
participation in the applicant-prepared draft environmental document
process under Sec. 51.46 would occur prior to the submittal of the
application and, specifically, prior to beginning preparation of the
applicant-prepared draft environmental document or environmental
report. The NRC staff believes this timeframe supports an efficient,
timely, and predictable review and decisionmaking by avoiding or
mitigating potential challenges to the NEPA statutory deadlines in NEPA
section 107(g)(1) and, consequently, the milestones called for in
Section 5(a) of E.O. 14300. A prospective applicant or petitioner opt-
in request submitted at the same time as an application could impact
the NRC's review schedule considering the steps the applicant and the
NRC have to take, including hiring and authorizing a qualified
contractor(s), respectively. While the NRC will be supervising the
applicant-hired contractor, the NRC is ultimately responsible for the
contents and findings in the environmental document and would thus need
to independently evaluate the applicant-prepared draft environmental
document. Additionally, consistent with proposed Sec. 51.46(e), the
NRC may terminate the applicant-prepared draft environmental document
at any time and would, thus, have to complete or fully prepare the
environmental document itself. In these instances, the likelihood of
challenging the NEPA statutory deadlines is high, thus, requiring the
need to evaluate an extension of the NEPA deadlines. Extending the NEPA
deadlines, however, would increase the likelihood of challenging the
milestones in Section 5(a) of E.O. 14300. Accordingly, the NRC is
proposing that a prospective applicant's request to participate in the
applicant-prepared draft environmental document process proposed Sec.
51.46 be submitted prior to beginning preparation of an applicant-
prepared draft environmental document or environmental report.
7. Deadlines (Sec. 51.15):
In accordance with NEPA section 107(g), which establishes the
deadlines for the publication of EAs and EISs and the process for
extending those deadlines, the NRC is proposing to revise Sec. 51.15
to codify the EA and EIS statutory deadlines, the start date and
completion date for calculating these deadlines, and the process to
extend those deadlines. Accordingly, proposed Sec. Sec. 51.15(a)(1)
and 51.15(a)(2) provide that the NRC must publish EAs no later than one
year, and EISs no later than two years, after the sooner of when the
NRC determines that NEPA requires the preparation of an EA or EIS or
the date the NRC issues a notice of intent to prepare an EA or EIS
(i.e., start date), respectively. The proposed regulations also
establish that for applications and petitions for rulemaking, the NRC's
determination that an EA or EIS is required coincides with the
docketing of a complete application or petition, or with the
publication of an EA determining that an EIS is required as proposed in
Sec. 51.15(a)(2)(iii). If, after initially beginning with preparation
of an EA, the NRC determines that a finding of no significant impact
cannot be reached, the NRC may publish either a notice of intent to
prepare an EIS, an EA determining that an EIS is required, or both.
Publication of an EIS in this case would be no later than two years
following publication of the notice of intent to prepare an EIS or the
EA determining that an EIS is required.
The proposed Sec. 51.15(a)(3) provides that the completion date of
an EA or EIS will be the date the NRC publishes the EA or EIS in ADAMS
or the Federal Register. In accordance with NEPA section 107(g), if the
NRC determines it is not able to meet the deadlines in Sec. 51.15(a),
the NRC will consult with the applicant, if any, prior to establishing
a new deadline, as indicated in proposed Sec. 51.15(a)(5).
Lastly, in accordance with NEPA section 112, the NRC proposes to
add new paragraph (b) in Sec. 51.15 to describe the process that
should be used when licensees or applicants opt to pay a fee for an
expedited EA or EIS deadline.
8. Requirements for Environmental Information Supporting
Environmental Documents and Categorical Exclusions (Sec. 51.45):
The NRC would retain the general requirement for an applicant or
petitioner for rulemaking to submit an environmental report in Sec.
51.45. However, to support the NRC's enhanced approach to the use of
categorical exclusions, the NRC would allow applicants and petitioners
for rulemaking to provide the bases and rationale to justify the
applicability of a categorical exclusion listed in Sec. 51.22 or on
the NRC website, including supporting analyses (see Sec. 51.45(b)) in
lieu of an environmental report. The level of evidence and supporting
analyses to justify the applicability of an established categorical
exclusion will vary depending on the proposed agency action. For
example, certain categorical exclusions (Sec. Sec. 51.22(a)(1) through
(a)(16)) do not have threshold criteria that have to be met for the
categorical exclusion to apply and may not need a justification based
on the type of license requested. For example, nuclear laundries, which
collect and launder items such as coveralls contaminated with
radioactive materials, are a specific type of license at the NRC (e.g.,
nuclear laundries have a specific fee category under 10 CFR part 170,
``Fees for Facilities, Materials, Import and Export Licenses, and Other
Regulatory Services Under the Atomic Energy Act of 1954,
[[Page 42093]]
As Amended'') that is categorically excluded under Sec.
51.22(a)(10)(xiv) without additional criteria. If an applicant submits
a request for a license to operate a nuclear laundry, no additional
information is needed to determine that the categorical exclusion
applies, unless extraordinary circumstances are present (e.g., the
applicant is proposing to use novel technologies or to accept items for
laundering that have substantially higher levels of contamination than
nuclear laundries have previously handled).
Those categorical exclusions that do require additional or more
complex criteria to be met, such as Sec. Sec. 51.22(d) through
51.22(l), require information to be submitted as part of the
application to justify the applicability of the categorical exclusion.
For example, new reactor applications may meet the proposed new
categorical exclusion in Sec. 51.22(i), but only if the application
meets the plant parameter and site parameter envelopes in Table C-1 of
appendix C to 10 CFR part 51 and no new and significant information has
been identified that would change the conclusions listed in the
appendix. Demonstrating that those criteria are met requires
substantial supporting information that may not otherwise be included
in the application.
The NRC is also proposing to incorporate in the regulations at
Sec. 51.45(a) for environmental reports and in Sec. 51.45(b) for
information justifying the applicability of a categorical exclusion, a
provision consistent with its longstanding practice of requiring an
applicant or petitioner for rulemaking to submit information to the
Commission relevant to NRC's compliance with other statutes, including
but not limited to, the Endangered Species Act, Magnuson-Stevens
Fishery Conservation and Management Act, National Historic Preservation
Act, Clean Air Act, Clean Water Act, National Marine Sanctuaries Act,
and Marine Mammal Protection Act. The purpose of these provisions is to
maintain the NRC's ability to collect information relevant to
compliance with these other statutes, which has historically been
integrated with the NRC's NEPA procedures; however, the NRC is not
revising procedures for or otherwise addressing any compliance
obligations it may have with respect to statutes other than NEPA as
part of this rulemaking.
While the NRC is proposing to remove the regulations at Sec. Sec.
51.54 and 51.55, which describe the information applicants must include
in an environmental report for a manufacturing license and a standard
design certification, respectively, such information would continue to
be required in new paragraphs Sec. 51.45(c), for standard design
certifications, and Sec. 51.45(d), for manufacturing licenses. These
proposed new regulations also address the requirement to provide
information to justify the applicability of a categorical exclusion for
an application for a standard design certification and manufacturing
license, respectively. The NRC is also proposing to incorporate the
environmental report requirements in Sec. 51.56 for non-power
production or utilization facilities into Sec. 51.45.
The NRC is proposing to retain Sec. 51.60 as modified to conform
with the proposed revisions to Sec. 51.45(a) and to incorporate the
requirements in Sec. 51.68, which address the environmental
information that petitioners for rulemaking must submit to the NRC when
requesting amendments of 10 CFR parts 30, 31, 32, 33, 34, 35, 36, 39,
40 or 70 of this chapter. This would ensure that references in existing
categorical exclusions, which are not being changed, to the list of
materials actions listed in Sec. 51.60 are not affected. The NRC is
proposing to retain the environmental report requirements in Sec.
51.62 for land disposal of radioactive waste licensed under 10 CFR part
61, ``Licensing Requirements for Land Disposal of Radioactive Waste,''
as modified to conform with the proposed revisions to Sec. 51.45(a).
While the NRC is proposing to remove Sec. 51.61 regarding
environmental reports for independent spent fuel storage installation
and monitored retrievable storage installation licenses, such required
information would now be included in Sec. 51.60(d).
Lastly, information regarding environmental considerations and
environmental analysis in Sec. 51.45 would be removed as part of this
rulemaking because the information is addressed in other sections of 10
CFR part 51 (e.g., requirements that the environmental report includes
a description of the proposed agency action, purpose and need, affected
environment, and environmental impacts) or in guidance (e.g., how the
environmental impacts should be presented in the environmental report);
or the information is no longer required consistent with the definition
of ``effects'' in Sec. 51.4 (e.g., impacts of preconstruction
activities or other impacts without a reasonable nexus to radiological
health and safety or the common defense and security).
9. Preparation Requirements for Environmental Documents (Sec. Sec.
51.30, 51.31, 51.32, 51.70, 51.71, 51.75, 51.76, 51.92, and 51.95).
In SRM-SECY-24-0046, the Commission directed the staff to focus on
standardization of the environmental document preparation process and
agency interactions with the applicant to enable consistent and
efficient completion of environmental reviews and approval of the
underlying agency action. Consistent with this direction, the NRC staff
is proposing to retain most of the procedures in Sec. Sec. 51.30,
51.31, and 51.32 related to the preparation of EAs and findings of no
significant impact, and most of the procedures in Sec. Sec. 51.70 and
51.71 related to the preparation of EISs. The proposed revisions to the
regulations for preparing EAs and EISs align with the applicable
procedures established by CEQ in the CEQ Guidance. The NRC is also
proposing to incorporate language from the CEQ Guidance to add new
paragraph Sec. 51.32(a)(8) to codify the option of a finding of no
significant impact based on mitigation. While the NRC has historically
had the option to reach a finding of no significant impact based on
mitigation, the option has not previously been codified in the NRC's
NEPA procedures. The NRC does not consider this proposal to be a change
in its NEPA practice.
In addition to containing the regulations for preparing EAs and
findings of no significant impact, the NRC would retain Sec. Sec.
51.30, 51.31, and 51.32 regarding when to prepare an EA for a standard
design certification or a manufacturing license under 10 CFR part 52,
``Licenses, Certifications, and Approvals for Nuclear Power Plants,''
and 10 CFR part 53, ``Risk-Informed, Technology-Inclusive Regulatory
Framework for Commercial Nuclear Plants,'' the scope of these EAs, and
the findings of no significant impact associated with these EAs.
Although the proposed regulations would eliminate references to the
specific option of publishing a draft finding of no significant impact
for public comment, the NRC would continue to have the option of
requesting public comment, in certain circumstances, to assist in
preparation of an EA under proposed Sec. 51.30(f).
Under this proposed rule, the NRC would discontinue preparation and
publication of draft EISs as currently outlined in 10 CFR part 51,
including the routine solicitation of public comments on draft EISs
under Sec. 51.73 because NEPA does not require the preparation and
publication of draft EISs. Therefore, the proposed regulations at
Sec. Sec. 51.70 and 51.71 solely focus on the preparation of and
general
[[Page 42094]]
content requirements for EISs, respectively, rather than on the
preparation and general content requirements of draft EISs as the
regulations currently provide. In accordance with NEPA section 107(c),
the NRC will continue to include a request for public comment in each
notice of intent to prepare an EIS. Although the proposed regulations
would eliminate Sec. 51.73, the NRC would have the option of
additional requests for public comment, in certain circumstances, to
assist in preparation of an EIS, under proposed Sec. 51.70(a).
The NRC is proposing to retain the provisions regarding the
preparation of a concise public decision document for proposed agency
actions for which the NRC has prepared an environmental impact
statement. In accordance with proposed Sec. 51.102(a), the NRC will
prepare and timely publish a concise public decision document or joint
decision document notifying the public that the decisionmaker has
certified that the NRC has considered all relevant information raised
in the NEPA process and that the NEPA process has closed. This
publication allows the NRC to comply with its obligations under NEPA
and its decision-making process under the AEA. The required contents of
this concise public record of decision in Sec. 51.103 have been
integrated into proposed Sec. 51.102(b), as applicable. Alternatively,
the NRC may integrate its considerations under NEPA into another
decision-making document without meeting the formal requirements for a
record of decision under Sec. 51.102(b). This integrated consideration
would perform the same function as a formal record of decision.
To further streamline and standardize the requirements addressing
the contents of environmental reports and environmental documents, the
NRC is proposing to combine, as appropriate, the environmental report
requirements in Sec. Sec. 51.49, 51.50, and 51.53 regarding limited
work authorizations (LWAs); construction permits (CPs), early site
permits (ESPs), and combined licenses (COLs); operating licenses,
operating license renewals, and postoperating licenses; respectively,
with the applicable environmental document content requirements in
Sec. Sec. 51.71, 51.75, 51.76, and 51.95. The resulting new
regulations would be housed under Sec. Sec. 51.75, 51.76, and 51.95
for LWAs; CPs, ESPs, and COLs; operating licenses, operating license
renewals, and postoperating licenses; respectively. These regulations
would apply to the preparation of both EAs and EISs. Accordingly, the
regulations at Sec. 51.96 addressing the requirements for
environmental documents relying on a generic environmental impact
statement (GEIS) for licensing new nuclear reactors would also be
incorporated into Sec. 51.75. These proposed regulations also address
the environmental information that NRC and licensees and applicants
need to use when relying on the codified environmental impact findings
in Sec. Sec. 51.51, 51.52, appendix B, or appendix C of 10 CFR part
51.
Lastly, the proposed environmental report requirements in Sec.
51.45(a) would also require that applicants address the matters
specified in the proposed Sec. 51.75, Sec. 51.76, or Sec. 51.95, as
applicable.
In combining the requirements addressing the contents of
environmental reports in Sec. Sec. 51.49, 51.50, and 51.53 and
contents of environmental documents in Sec. Sec. 51.71, 51.75, 51.76,
and 51.95 for LWAs, CPs, ESPs, and COLs, operating licenses, operating
license renewals, and postoperating licenses, the NRC is also proposing
to remove some of the environmental information requirements in
consideration of the proposed revision to the definition of ``effects''
in Sec. 51.4. For example, the requirement at Sec. 51.53(c)(3)(ii)(G)
to provide an assessment of the impact of the proposed action on public
health from thermophilic organisms would be removed because
nonradiological human health impacts are not within the NRC's
substantive regulatory authority (i.e., the NRC could not impose or
enforce mitigation for human health impacts from thermophilic
organisms). The conditions and considerations listed in Sec.
51.53(c)(3)(ii) with continuing relevance would be incorporated into
the proposed new paragraph (5) in Sec. 51.95(c). Paragraphs
51.53(c)(3)(ii)(A)-(C), (E)-(K), (M)-(O), and (Q) would be eliminated
because they are outside the scope of the NRC's statutory authority
relating to renewing operating licenses for utilization facilities.
Additionally, the NRC is proposing to revise Sec. 51.76(a) for LWA
requests submitted as part of complete CP or COL applications to remove
the option of preparing a partial environmental document in light of
the statutory NEPA deadlines because it is not feasible for the NRC to
prepare two environmental documents, one for the LWA and another for
the CP or COL application in the same timeframe (e.g., one year for an
EA). Therefore, the NRC is proposing to only keep the option of
preparing one environmental document for complete applications
submitted in accordance with Sec. 51.75(a) (for CPs) or Sec. 51.75
(c) (for COLs) that include a request for a LWA. Paragraph 51.76(b)
addresses phased applications for LWAs under Sec. 2.101(a)(9), in
which an applicant for a CP or a COL submits a partial application
requesting an LWA. To ensure alignment with the statutory NEPA
deadlines defined in Sec. 51.15, in the case of a partial application
including a request for an LWA, the NRC is proposing to prepare an
environmental document for the LWA only for which the statutory
deadline will start upon acceptance for docketing of part one of the
application. The statutory deadline for part two of the application
(i.e., the full CP or COL), would begin upon NRC acceptance for
docketing of part two of the application. Finally, the NRC is proposing
to remove the requirement for preparation of a single environmental
document to address both the LWA and CP or COL in cases where the
applicant submits an environmental report that contains complete
information for both phases. This would ensure the NRC has the
flexibility to develop the appropriate environmental documents based on
the circumstances for each application.
10. Effects on existing GEISs and codified environmental
information:
The proposed 10 CFR part 51 would retain codified environmental
impact conclusions within the scope of the NRC's regulatory authority
in the following sections: Sec. 51.23, ``Environmental impacts of
continued storage of spent nuclear fuel beyond the licensed life for
operation of a reactor,'' Sec. 51.51, ``Uranium fuel cycle
environmental data--Table S-3,'' Sec. 51.52, ``Environmental effects
of transportation of fuel and waste--Table S-4,'' appendix B of 10 CFR
part 51, ``Environmental Effect of Renewing the Operating License of a
Nuclear Power Plant,'' and appendix C of 10 CFR part 51,
``Environmental Effect of Issuing a Permit or License for a New Nuclear
Reactor.'' Retaining the codified conclusions on effects within the
NRC's substantive statutory authority (i.e., radiological impacts on
health and safety and the common defense and security) would allow NRC
staff, and licensees, applicants, and petitioners, to cite and
incorporate the codified conclusions in environmental review documents,
which would avoid duplication of these analyses and requires
contentions to meet a heightened standard under Sec. 2.335,
``Consideration of Commission rules and regulations in adjudicatory
proceedings,'' to be admitted on these items. In consideration of the
proposed new definition of ``effects'' in Sec. 51.4, the NRC is
proposing to remove codified conclusions for environmental effects
[[Page 42095]]
that are beyond the NRC's substantive statutory authority from these
sections and tables. For the purposes of Sec. 51.23, only the effects
of continued storage within the scope of the NRC's regulatory authority
will be deemed incorporated into future environmental documents, if
applicable. The original analysis of the effects of continued storage
included analysis of environmental effects beyond the scope of the
NRC's statutory authority to regulate. The NRC's proposed definition of
effects would apply to that term as used in Sec. 51.23; however, the
NRC is not proposing to make changes to the Continued Storage Generic
Environmental Impact Statement as part of this proposed rule. In a
separate rulemaking, the NRC is considering updates to the values in
Table S-3 and Table S-4 to address effects related to fuels with
increased enrichment; while these rules both propose changes to the
tables, they have separate bases and purposes that the NRC has
determined do not need to be combined.
Additionally, the NRC's EISs have used significance levels of
SMALL, MODERATE, or LARGE for environmental effects or impacts, but
have not indicated whether the impact would necessarily be considered
significant for the purposes of an EA. Rather, these significance
levels for environmental impacts generally consider the potentially
affected environment (previously referred to as ``context'') and degree
(previously referred to as ``intensity'') in determining if the
environmental effect is noticeable and destabilizing:
SMALL is defined as environmental effects that are not
detectable or are so minor that they will neither destabilize nor
noticeably alter any important attribute of the resource.
MODERATE is defined as environmental effects are
sufficient to alter noticeably, but not destabilize, important
attributes of the resource.
LARGE is defined as environmental effects that are clearly
noticeable and are sufficient to destabilize important attributes of
the resource.
The NRC originally established the three levels of significance as
part of the amendments to its regulation in 10 CFR part 51 for the NEPA
review of applications for renewal of nuclear power plant operating
licenses (61 FR 28467) and codified in them Table B-1 of appendix B to
10 CFR part 51. These definitions were adapted to accommodate the
environmental resource attributes of importance. Significance impact
levels have been applied across the NRC's EISs since they were
established in 1996 to help readers compare impacts across multiple
environmental issue areas. Historically, the NRC has not defined a
SMALL impact as significant or not significant. As part of this
rulemaking, the NRC has reviewed the technical basis documents and
codified conclusions in Sec. 51.23 and Tables B-1 and C-1 of 10 CFR
part 51 and determined that a SMALL conclusion in these documents means
that there is no significant impact. For instance, for the purposes of
assessing radiological impacts, the Commission has concluded that
impacts are of small significance if doses to individuals and releases
do not exceed the permissible levels in the Commission's regulations
(61 FR 66543). The AEA requires the NRC to promulgate, inspect, and
enforce standards that provide an adequate level of protection of the
public health and safety. Health impacts on individual humans are the
focus of NRC regulations limiting radiological doses. Numerous EAs
developed by the NRC have concluded a no significant impact with
respect to radiological human health if doses to individuals and
releases do not exceed the permissible levels in the Commission's
regulations. Therefore, if doses to individuals and releases do not
exceed the permissible levels in the Commission's regulations, the
impacts are not significant.
For those environmental impacts outside of human health (e.g.,
exposure of radionuclides to nonhuman biota), when a SMALL impact is
concluded, the NRC has determined that the environmental effects are
not detectable or are so minor that they will neither destabilize nor
noticeably alter any important attribute of the resource and this is
comparable to a no significant impact determination. This is
demonstrated in the evaluations presented in the license renewal GEIS
(NUREG-1437, Rev 2, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Plants--Final Report''). NUREG-1437 divides
environmental issues into generic issues (termed Category 1 issues) and
nuclear power plant- or site-specific issues (termed Category 2
issues). The findings for the Category 1 issues resulting in a SMALL
impact identified that impacts from license renewal were insignificant,
not expected to be significant, or would not be affected. Therefore,
the Commission has determined that a SMALL impact means no significant
impact for these areas.
The practical effect of this determination is that in the proposed
revisions to Sec. Sec. 51.22 and 51.23, Table B-1, and Table C-1 of 10
CFR part 51, actions that fall within the bounds of those generic
analyses would meet the criteria for a categorical exclusion, or the
basis for a finding of no significant impact if the NRC prepares an EA.
The proposed Sec. 51.51 would also remove the caveat that only
environmental reports submitted ``on or after September 4, 1979'' must
use Table S-3, Table of Uranium Fuel Cycle Environmental Data within
environmental reports for the construction permit stage or early site
permit stage or combined license stage of a light-water-cooled nuclear
power reactor. The NRC has removed the caveat regarding ``on or after
September 4, 1979,'' since it is no longer relevant and all specified
environmental reports would be required to use of Table S-3, Table of
Uranium Fuel Cycle Environmental Data.
The NRC recognizes that, following these revisions, there would no
longer be any Category 2 issues in Appendix C. Nonetheless, the NRC
proposes to retain references to Category 2 issues in Appendix C within
the rule text to account for the possibility that future updates may
identify Category 2 issues.
11. Removing references to environmental justice (Sec. 51.53 and
Table B-1 of 10 CFR part 51):
In SRM-COMSECY-25-0007, the Commission directed the NRC to remove
environmental justice (EJ) references in regulations, guidance and
training materials. Thus, the scope of rulemaking with respect to EJ
would be limited to amending NRC's regulations at Sec. 51.53,
``Postconstruction environmental reports,'' which identifies EJ
information to be included in license renewal applicant's environmental
reports, and 10 CFR part 51, subpart A, appendix B, Table B-1 which
require license renewal environmental reviews to include an EJ analysis
for the Category 2 issue.
12. Other changes to conform with the FRA Amendments to NEPA and
the CEQ Guidance:
The NRC is proposing revisions in 10 CFR part 51 to update the
regulations for consistency with the FRA NEPA amendments, such as
inserting the word ``Federal'' before ``resources'' in the phrase
``irreversible and irretrievable commitment of resources,''
incorporating terms like ``technically and economically feasible'' when
addressing reasonable alternatives, and the requirement to evaluate
negative environmental impacts from the no action alternative. With
respect to the evaluation of negative impacts from the no-action
alternative, the NRC has, in general, considered such impacts; however,
this consideration would now be explicitly codified in the regulations.
[[Page 42096]]
The NRC is also proposing to codify the page limits for EISs and
EAs in accordance with NEPA section 107(e). Paragraph 51.30(e) would
establish that an EA must not exceed 75 pages, not including any
citations or appendices. Paragraph 51.70(b) would establish that except
for an EIS for a proposed agency action of extraordinary complexity,
EISs must not exceed 150 pages, not including any citations or
appendices. Proposed Sec. 51.70(c) also explains that an EIS for a
proposed agency action of extraordinary complexity must not exceed 300
pages, not including any citations or appendices. The NRC will
determine at the earliest possible stage of preparation of an EIS
whether the conditions for exceeding the 150-page limit are present.
The NRC is also proposing to remove its procedures for scoping in
Sec. Sec. 51.26-51.29 and appendix B and appendix C of 10 CFR part 51.
Instead, the NRC is proposing to incorporate the relevant procedures
into the NRC's draft guidance. Removing the scoping procedures from 10
CFR part 51 does not eliminate the requirement to publish a notice of
intent to prepare an EIS and include in this notice a request for
public comment on alternatives or effects and on relevant information,
studies, or analyses with respect to the proposed agency action
pursuant to NEPA section 107(c). The NRC is proposing that as soon as
practicable after determining that an EIS will be prepared by the NRC
in connection with a proposed agency action, the NRC will publish a
notice of intent to prepare an EIS in the Federal Register and include
a request for public comment on this notice. This requirement is
reflected in proposed Sec. 51.70. The NRC may consider, in certain
circumstances, requesting comments on additional topics in the notice
of intent or otherwise if it determines that scoping would assist in
the preparation of an EIS. The NRC would address any substantive
comments that are within the scope of the proposed agency action, as
appropriate, in the development of the EIS. The NRC would continue to
describe appropriate methods to collect comments in the notice of
intent. The NRC may consider publishing a notice of intent to prepare
an EA or conducting scoping for an EIS or EA if it determines that
issuing a notice of intent to prepare an EA or conducting scoping for
an EA or EIS would assist in the preparation of these documents.
To streamline and enhance environmental review efficiency, the NRC
will, to the fullest extent possible and when it would be most
efficient to do so, continue to prepare EAs and EISs concurrently and
integrated with analyses and related surveys and studies required by
other environmental Federal statutes. The NRC will also continue to
coordinate, to the fullest extent possible, the preparation of EAs and
EISs with any other agency document to streamline those reviews.
Additionally, to reduce duplication and increase efficiency between
NEPA and State, Tribal, and local requirements, the NRC is proposing to
add Sec. Sec. 51.30(g) and 51.70(d) providing for the NRC to cooperate
with State, Tribal, and local agencies that are responsible for
preparing environmental documents.
13. Public hearings
The NRC is proposing to remove the regulations in 10 CFR part 51
related to public hearings, mainly Sec. Sec. 51.104 through 51.108,
except for the regulations addressing public hearings in proceedings
for issuance of materials license with respect to a geologic repository
at Sec. 51.109. The procedures governing public hearings are included
in 10 CFR part 2, ``Agency Rules Practice and Procedures,'' and do not
need to be repeated in 10 CFR part 51.
Additionally, participation in the NEPA process, for example, as
part of a scoping process for an EIS, does not entitle the participant
to become a party to the proceeding to which the environmental document
relates. Participation in an adjudicatory proceeding is governed by the
procedures in Sec. Sec. 2.309 and 2.315 of this chapter. Participation
in a rulemaking proceeding in which the Commission has decided to have
a hearing is governed by the provisions in the notice of hearing.
14. Lead Agencies, Participating Federal Agencies, and Cooperating
Agencies
The FRA amendments to NEPA revised or created the definitions and
requirements for ``lead agency,'' ``joint lead agency,'' ``cooperating
agency,'' and ``participating Federal agency.'' These amendments
require that agencies identify in writing the lead agency when there
are two or more participating Federal agencies and require that the
head of the lead agency lead the consultation process. In many
instances, a proposed agency action or decision is undertaken that may
include other actions or decisions undertaken by other Federal
agencies. These actions and decisions are ``related actions,'' in that
they are each the responsibility of a particular agency, but they are
all interdependent parts of a larger action and depend on the larger
action for their justification. In such instances, NEPA section
107(a)(1)(A) requires that the multiple agencies involved determine
which of them will be the lead agency based on consideration of the
magnitude of agency's involvement; project approval or disapproval
authority; expertise concerning the action's environmental effects;
duration of agency's involvement; and sequence of agency's involvement.
When serving as the lead agency, the NRC is ultimately responsible for
completing the NEPA process and will determine and document the scope
of the proposed agency action. When a joint lead relationship is
established pursuant to NEPA section 107(a)(1)(B), the NRC and the
other joint lead agency or agencies are collectively responsible for
completing the NEPA process. These agreements should be documented in
memoranda of understanding or other means of documentation and should
be signed by representatives of each agency. If the NRC and another
Federal agency are unable to agree on which agency will be the lead
agency, the affected agency may request that CEQ designate a lead
agency pursuant to NEPA section 107(a)(5). In accordance with NEPA
section 102(2)(C), during the preparation of an environmental impact
statement, the NRC is required to consult with and obtain comments of
any Federal agency that has jurisdiction by law or special expertise
with respect to any environmental impact of the action or is authorized
to develop and enforce environmental standards that govern proposed
agency action. The NRC will conduct this consultation during the
comment period opened for the notice of intent to prepare an
environmental impact statement. The NRC will address any substantive
comments that are within the scope of the proposed agency action, as
appropriate.
15. Conforming Changes and Editorial Corrections
The NRC is proposing to make conforming changes to 10 CFR parts 2,
30, 40, 50, 52, 53, 54, 61, 70, 72, 76, and 110 to ensure that the
environmental requirements discussion in those sections reflected the
revised requirements in 10 CFR part 51 and to make editorial
corrections to citations.
B. Why do the requirements need to be revised?
The NRC must revise its requirements in 10 CFR part 51 to comply
with Presidential directives in E.O. 14300 to (1) streamline
implementation of NEPA, (2) alleviate unnecessary regulatory burden,
and (3) expand flexibilities for applicants and licensees while
complying with environmental requirements. The proposed rulemaking
[[Page 42097]]
also addresses amendments to NEPA made by the FRA and OBBBA, recent
case law relevant to the interpretation of NEPA, and Commission
direction in SRM-SECY-24-0046 and SRM-COMSECY-25-0007.
C. Whom would this action affect?
The regulatory changes proposed in this rule would affect all
persons and entities conducting activities subject to regulation by the
NRC or potentially affected by NRC regulated activities. This includes,
but is not limited to, applicants for permits, licenses, license
amendments, license renewals, certifications, and other forms of
regulatory approval; petitioners for rulemaking; and recipients of NRC
grants, cooperative agreements, or other financial assistance.
D. When would this action take effect?
The requirements proposed in this rule would take effect 30 days
from the date of publication of the final rule. New applications
submitted to the NRC must comply with the requirements within six
months from the effective date of the final rule. No environmental
report or any supplement to an environmental report filed with the NRC,
and no EA, or EIS or finding of no significant impact or any supplement
to any of the foregoing issued prior to the effective date of the final
rule, need be redone and no notice of intent to prepare an EIS or
notice of availability of these environmental documents need be
republished solely by reason of the promulgation of these revisions to
10 CFR part 51.
V. Specific Request for Comment
The NRC is seeking advice and recommendations from the public on
the proposed rule. The NRC is particularly interested in comments with
clear justifications and supporting rationale from the public on the
following:
1. Considering the NRC's substantive statutory authority and the
NRC's obligations under NEPA as amended by the FRA and OBBBA and as
shaped by recent case law and E.O.s, has the NRC proposed removing the
assessment of any environmental impacts from the scope of its NEPA
reviews that should continue to be addressed (in Table S-3, Table S-4,
appendix B, or appendix C to 10 CFR part 51; or as discussed in the
associated draft staff guidance, NUREG-2270, ``Environmental Review
Guidance for U.S. Nuclear Regulatory Commission Licensing Actions'')?
Beyond radiological impacts, are there other environmental effects that
have a close causal relationship to an NRC licensing decision and that
are not remote in time, geographically separate, or the result of an
attenuated causal chain that the NRC should consider in is
environmental reviews? Please provide detailed rationales.
2. E.O. 14154 directs all agencies, consistent with applicable law,
to ``prioritize efficiency and certainty over any other objectives.''
Does the proposed rule prioritize efficiency and certainty over other
objectives in a manner consistent with applicable law? Are there
potential unintended consequences or increases in regulatory
uncertainty that could result from the proposed changes in this rule,
such as the need for additional NEPA reviews by other agencies? Please
identify the regulatory requirement with your response and be as
specific as possible regarding potential unintended consequences or
increases in uncertainty.
3. Are there NEPA procedures that the NRC proposes to eliminate
from the regulations--either by deletion or by moving them into
guidance--that should be retained in the regulations? If so, why?
Please identify the specific procedures, regulatory requirement, or
other related items with your response.
4. What additional specific licensing or regulatory actions should
the NRC consider for categorical exclusion from further NEPA review and
why? Please describe actions you believe normally result in no
significant environmental impacts and explain the basis for your
recommendation. Furthermore, please provide any parameters that clarify
limiting characteristics for each categorical exclusion. Please also
provide comments on the newly proposed categorical exclusions in terms
of whether the actions would normally result in no significant
environmental impacts.
5. What additional NRC actions should the NRC consider developing
generic environmental documents for (e.g., technology- or application-
specific) that could further streamline future environmental reviews?
6. Considering the NRC's obligations under NEPA as amended by FRA
and OBBBA and as shaped by recent case law and E.O.s, are there
additional approaches that the NRC should consider to preserve
meaningful public engagement in the NRC's environmental review
process--either within the context of NEPA or at other stages during
review of an application (e.g., pre-application engagement, ad hoc
public briefings, listening sessions, etc.)? If so, what are they?
7. What additional information on the procedures for applicant-
prepared EAs and EISs can the NRC provide to inform prospective
applicants' decision on whether to pursue that process? Should the NRC
consider moving more information on applicant-prepared EAs and EISs
from the regulation to the guidance document to allow for greater
flexibility in the program? What changes, if any, should the NRC
consider to make the process for applicant-prepared NEPA documentation
clearer or more efficient? Do the requirements in Sec. 51.46
appropriately balance agency compliance with NEPA with the goal of
realizing efficiencies for applicants?
8. How can interagency coordination on environmental matters be
improved to foster more effective and efficient environmental reviews
that meet statutory requirements under NEPA and other environmental
statutes such as the National Historic Preservation Act (NHPA), Coastal
Zone Management Act, and Endangered Species Act, consistent with the
NRC's statutory authority? What effect, if any, does the NRC's proposal
to narrow the scope of its environmental reviews have on interagency
coordination? How might the proposed changes affect NHPA section 106
consultations with State Historic Preservation Officers, Indian Tribes,
and interested parties including the public? The NRC is particularly
interested in feedback from Tribes and state agencies on these matters.
9. Can the NRC improve the organization, accessibility, or
usability of its draft consolidated NEPA guidance document, NUREG-2270,
issued with this rule? Should additional information be provided as to
how an applicant would use the guidance document for common licensing
actions?
10. What environmental topics or issues are missing from the NRC's
draft NEPA guidance document, NUREG-2270?
11. Given the new draft consolidated environmental review guidance,
NUREG-2270, should the NRC sunset or retain existing NEPA guidance
(e.g., NUREG-1555, ``Environmental Standard Review Plan,'' NUREG-1748,
``Environmental Review Guidance for Licensing Actions Associated with
NMSS Programs'', Regulatory Guide 4.2, ``DG-4037 (RG 4.2 Rev 5)
Preparation of Environmental Reports for Nuclear Power Stations'')?
12. It is not feasible for the NRC to prepare separate
environmental documents for both actions in response to a complete
application requesting both an LWA and a CP or COL in the same
timeframe (e.g., one year for EAs) as currently provided in Sec.
51.76(a). Therefore, the NRC is proposing that it
[[Page 42098]]
would prepare a single environmental document to address the full CP or
COL requested, which would also provide the required NEPA review of
actions under an LWA. What other feasible alternatives or procedural
changes could address these timeframes to ensure efficient, timely, and
predictable decisionmaking for LWAs requested as part of a complete
application for a CP or COL?
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. Therefore, in accordance with section 605(b), the NRC is not
preparing a regulatory flexibility certification analysis. The rule
will in fact apply to some small entities that are among the NRC
licensees, applicants, and petitioners for rulemaking. The rule will
revise the existing NEPA regulations, however, it will impose no new
burden on those small entities.
VII. Regulatory Analysis
The NRC has prepared a draft regulatory analysis on this proposed
regulation. This proposed rule is considered to be a deregulatory
action that would alleviate unnecessary regulatory burden and expand
flexibilities for applicants and licensees, while maintaining
compliance with environmental requirements. Over a 10-year analysis
period (fiscal year 2027-2036), the proposed revisions to NEPA
requirements are projected to generate cumulative, undiscounted cost
savings of $134.8 million. Using 2024 as the base year, the net present
value of these savings is estimated at $108.4 million when discounted
at 3 percent, or $82.7 million when discounted at 7 percent. The
annualized cost savings would be $7.9 million discounted at 3 percent,
or $7.3 million discounted at 7 percent. These figures represent net
savings, as the one-time implementation costs are expected to be
minimal.
In addition, the NRC estimates cost savings in 2024 dollars to be
$8.10 million discounted at 7 percent in perpetuity.
The NRC requests public comment on the draft regulatory analysis,
including the assumptions in the uncertainty analysis and the numbers
presented in Appendix A. 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 NRC has determined that the proposed changes to 10 CFR part 51
do not meet the definition of ``backfitting'' in Sec. 50.109, Sec.
53.1390, Sec. 70.76, or Sec. 72.62, all entitled ``Backfitting,'' or
affect the issue finality provisions in 10 CFR parts 52 or part 53
because the proposed changes relate to procedures for future NRC
activities and do not involve changes to existing requirements or
impose new requirements on current applicants or licensees.
IX. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885). The NRC requests comment on this document with respect to the
clarity and effectiveness of the language used.
X. National Environmental Policy Act
NEPA does not require agencies to prepare a NEPA analysis before
establishing or updating agency procedures for implementing NEPA.
Agency NEPA implementing procedures are not themselves subject to NEPA
(Heartwood v. U.S. Forest Serv., 230 F.3d 947, 954-955 (7th Cir.
2000)). Therefore, the NRC did not further conduct a NEPA analysis of
this proposed rule.
XI. 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: New.
The title of the information collection: Implementation of the
National Environmental Policy Act Proposed Rule.
OMB Approval Number(s): (3150-0021).
The form number if applicable: N/A.
How often the collection is required or requested: Justification
for categorical exclusions, environmental report, or applicant- or
petitioner-prepared EAs or EISs are required upon submittal of an
application for a combined license, construction permit, operating
license, operating license renewal, early site permit, design
certification, decommissioning or license termination review, or
manufacturing license, or upon submittal of a petition for rulemaking.
Who will be required or asked to respond: All persons and entities
seeking action from the NRC. This includes, but is not limited to,
applicants for permits, licenses, license amendments, license renewals,
certifications, and other forms of regulatory approval; petitioners for
rulemaking; and recipients of NRC grants, cooperative agreements, or
other financial assistance.
An estimate of the number of annual responses: 21.
The estimated number of annual respondents: 21.
An estimate of the total number of hours needed annually to comply
with the information collection requirement or request: 44,016.
Abstract: The NRC is proposing to amend its regulations in 10 CFR
part 51 to: (1) streamline implementation of the National Environmental
Policy Act of 1969, as amended (NEPA), (2) alleviate unnecessary
regulatory burden, and (3) expand flexibilities for applicants and
licensees while complying with environmental requirements. The
revisions are necessitated by and consistent with Executive Order
(E.O.) 14300, ``Ordering the Reform of the Nuclear Regulatory
Commission,'' E.O. 14154, ``Unleashing American Energy,'' and
Commission direction in SRM-SECY-25-0007, ``Withdrawing the
Environmental Justice Policy Statement and Environmental Justice
Strategy,'' dated April 10, 2025, and SRM-SECY-24-0046,
``Implementation of the Fiscal Responsibility Act of 2023 National
Environmental Policy Act Amendments,'' dated July 28, 2025. During its
comprehensive review and revision of the 10 CFR part 51 regulations,
the NRC identified certain information collection requirements that
should be amended under this proposed rule to streamline the
regulations and improve efficiency.
The NRC is seeking public comment on the potential impact of the
information collections 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
[[Page 42099]]
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?
A copy of the Office of Management and Budget (OMB) clearance
package and proposed rule are available in the ``Availability of
Documents'' section of this document or may be viewed 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 on submissions related to the OMB
clearance package by searching on https://www.regulations.gov under
Docket ID NRC-2025-0478.
You may submit comments on any aspect of these proposed information
collection(s), including suggestions for reducing the burden and on the
above issues, by the following method:
Federal rulemaking website: Go to https://www.regulations.gov and
search for Docket ID NRC-2025-0478. Submit comments by August 6, 2026.
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.
XII. Executive Orders
The following are Executive orders that are related to this
proposed rule:
A. Executive Order 12866: Regulatory Planning and Review (as
amended by Executive Order 14215, Ensuring Accountability for All
Agencies)
The Office of Information and Regulatory Affairs (OIRA) has
determined that this proposed rule is a significant regulatory action.
Accordingly, NRC submitted this proposed rule to OIRA for review. The
NRC is required to conduct an economic analysis in accordance with
section 6(a)(3)(B) of E.O. 12866. More can be found in Section VII, of
this document, ``Regulatory Analysis.''
B. Executive Order 14154: Unleashing American Energy
The NRC has examined this proposed rule and has determined that it
is consistent with the policies and directives outlined in E.O. 14154.
C. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is a deregulatory action as defined by E.O. 14192.
Details on the estimated costs of this proposed rule can be found in
Section VII, of this document, ``Regulatory Analysis.''
D. Executive Order 14270: Zero-Based Regulatory Budgeting To Unleash
American Energy
E.O. 14270, ``Zero-Based Regulatory Budgeting to Unleash American
Energy,'' requires the NRC to insert a conditional sunset date into all
new or amended NRC regulations provided the regulations are (1)
promulgated under the Atomic Energy Act of 1954, as amended (AEA), the
Energy Reorganization Act of 1974, as amended, or the Nuclear Waste
Policy Act of 1982, as amended (NWPA); (2) not statutorily required;
and (3) not part of the NRC's permitting regime. The NRC determined
that the regulatory changes proposed in this rule are necessary for
compliance with NEPA. Therefore, the NRC views this rulemaking to be
outside the scope of Executive Order 14270 and did not insert
conditional sunset dates for the regulatory changes in this proposed
rule.
XIII. Availability of Guidance
The NRC is issuing new draft guidance NUREG-2270, ``Environmental
Review Guidance for U.S. Nuclear Regulatory Commission Licensing
Actions,'' for the implementation of the proposed requirements in this
rulemaking. The draft guidance is available as indicated in the
``Availability of Documents'' section of this document. You may obtain
information and comment submissions related to the draft guidance by
searching on https://www.regulations.gov under Docket ID NRC-2025-0478.
The draft guidance document provides general procedures for
determining the level of environmental review and documentation
required for NRC actions. The draft guidance document is written in
general terms to accommodate the NRC's broad variety of regulatory
actions and regulated facilities. The draft guidance document provides
staff, licensees, prospective applicants, and petitioners for
rulemaking with methods to meet the requirements established by
legislation and the 10 CFR part 51 regulations. The guidance will not
be a substitute for legislation and regulations, and compliance with
the guidance document is not required. Methods different from those set
out in the guidance document will be acceptable if they provide a basis
for concluding that the NRC's regulations have been met.
You may submit comments on this draft regulatory guidance by the
methods outlined in the ADDRESSES section of this document.
XIV. 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 web link/ Federal
Register citation
------------------------------------------------------------------------
SECY-24-0046, ``Implementation of the Fiscal ML24078A013
Responsibility Act of 2023 National Environmental (Package).
Policy Act Amendments,'' dated March 30, 2024.
SRM-SECY-25-0007, ``Withdrawing the Environmental ML25100A106.
Justice Policy Statement and Environmental
Justice Strategy,'' dated April 10, 2025.
SRM-SECY-24-0046, ``Implementation of the Fiscal ML25209A050.
Responsibility Act of 2023 National Environmental
Policy Act Amendments,'' dated July 28, 2025.
Draft Regulatory Analysis for Implementation of ML26176A426.
the National Environmental Policy Act Proposed
Rule, June 2026.
NUREG-2270, ``Environmental Review Guidance for ML25269A176.
U.S. Nuclear Regulatory Commission Licensing
Actions,'' Draft for Comment, June 2026.
OMB Supporting Statement Package for the ML25272A091
Implementation of the National Environmental (Package).
Policy Act Requirements Proposed Rule (OMB
Clearance No. 3150-0021).
U.S. Nuclear Regulatory Commission Written Record ML26176A427.
of Support of Proposed Amendments to 10 CFR 51.22
in Accordance with Executive Order 14300 and SRM-
SECY-24-0046.
Final rule, ``Environmental Review for Renewal of 61 FR 28467.
Nuclear Power Plant Operating Licenses,'' dated
June 5, 1996.
[[Page 42100]]
Final rule, ``Environmental Review for Renewal of 61 FR 66543.
Nuclear Power Plant Operating Licenses,'' dated
December 18, 1996.
Final rule, ``Limited Work Authorizations for 72 FR 57416.
Nuclear Power Plants,'' dated October 9, 2007.
Final rule, ``Licenses, Certifications, and 76 FR 56961.
Approvals for Materials Licensees,'' dated
September 15, 2011.
Proposed rule, ``Licensing Requirements for 91 FR 23628.
Microreactors and Other Reactors with Comparable
Risk Profiles,'' dated May 1, 2026.
Proposed rule, ``Risk-Informed, Technology- 89 FR 86918.
Inclusive Regulatory Framework for Advanced
Reactors,'' dated October 31, 2024.
Final rule, ``Categorical Exclusions from 91 FR 155519.
Environmental Review,'' dated March 30, 2026.
Final rule, ``Risk-Informed, Technology-Inclusive 91 FR 15696.
Regulatory Framework for Advanced Reactors,''
dated March 30, 2026.
Correction notice, ``Risk-Informed, Technology- 91 FR 18772.
Inclusive Regulatory Framework for Advanced
Reactors; Correction,'' dated April 13, 2026.
Final rule, ``Generic Environmental Impact 91 FR 2239.
Statement for Licensing of New Nuclear
Reactors,'' dated April 24, 2026.
NUREG-1437, Volume 1, Rev 2, ``Generic ML24086A526.
Environmental Impact Statement for License
Renewal of Nuclear Plants--Final Report,'' dated
August 31, 2024.
NUREG-2249, ``Generic Environmental Impact ML25324A130.
Statement for Licensing of New Nuclear Reactors''
dated April 2026.
Policy statement withdrawal, ``Policy Statement on 90 FR 17887.
the Treatment of Environmental Justice Matters in
NRC Regulatory and Licensing Actions;
Environmental Justice Strategy,'' dated April 30,
2025.
Interim final rule, ``Removal of National 90 FR 10610.
Environmental Policy Act Implementing
Regulations,'' dated February 25, 2025.
``Memorandum for Heads of Departments and https://ceq.doe.gov/
Agencies: Implementation of the National docs/ceq-
Environmental Policy Act, Appendix 1--Agency NEPA regulations-and-
Procedures Template,'' dated September 29, 2025. guidance/Appendix-1-
Agency-NEPA-
Procedures-
Template.pdf.
Executive Order 14154, ``Unleashing American 90 FR 8353.
Energy,'' dated January 29, 2025.
Executive Order 14173, ``Ending Illegal 90 FR 8633.
Discrimination and Restoring Merit-Based
Opportunity,'' dated January 31, 2025.
Executive Order 14300, ``Ordering the Reform of 90 FR 22587.
the Nuclear Regulatory Commission,'' dated May
29, 2025.
Executive Order 12898, ``Federal Actions to 59 FR 7629.
Address Environmental Justice in Minority
Populations and Low-Income Populations,'' dated
February 16, 1994.
Executive Order 11991, ``Relating to Protection 42 FR 26967.
and Enhancement of Environmental Quality,'' dated
May 25, 1977.
------------------------------------------------------------------------
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-2025-0478. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder (NRC-2025-0478); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Confidential business information,
Environmental protection, Freedom of information, Hazardous waste,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
10 CFR Part 30
Byproduct material, Criminal penalties, Fusion, Government
contracts, Intergovernmental relations, Isotopes, Nuclear energy,
Nuclear materials, Penalties, Radiation protection, Reporting and
recordkeeping requirements, Whistleblowing.
10 CFR Part 40
Criminal penalties, Exports, Government contracts, Hazardous
materials transportation, Hazardous waste, Nuclear energy, Nuclear
materials, Penalties, Reporting and recordkeeping requirements, Source
material, Uranium, Whistleblowing.
10 CFR Part 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Emergency
planning, Fire prevention, Fire protection, Intergovernmental
relations, Nuclear power plants and reactors, Penalties, Radiation
protection, Reactor siting criteria, Reporting and recordkeeping
requirements, Whistleblowing.
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.
10 CFR Part 52
Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning, Fees, Inspection, Issue
finality, Limited work authorization, Manufacturing license, Nuclear
power plants and reactors, Probabilistic risk assessment, Prototype,
Reactor siting criteria, Redress of site, Penalties, Reporting and
recordkeeping requirements, Standard design, Standard design
certification.
10 CFR Part 53
Administrative practice and procedure, Antitrust, Backfitting,
Construction permit, Combined license, Classified information, Criminal
penalties, Early site permit, Emergency planning, Fees, Fire
prevention, Fire protection, Inspection, Intergovernmental relations,
Limited
[[Page 42101]]
work authorization, Manufacturing license, Nuclear power plants and
reactors, Operating license, Penalties, Prototype, Radiation
protection, Reactor siting criteria, Reporting and recordkeeping
requirements, Standard design, Standard design certification, Training
programs.
10 CFR Part 54
Administrative practice and procedure, Age-related degradation,
Backfitting, Classified information, Criminal penalties, Environmental
protection, Nuclear power plants and reactors, Penalties, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 61
Criminal penalties, Hazardous waste, Indians, Intergovernmental
relations, Low-level waste, Nuclear energy, Nuclear materials,
Penalties, Reporting and recordkeeping requirements, Waste treatment
and disposal, Whistleblowing.
10 CFR Part 70
Classified information, Criminal penalties, Emergency medical
services, Hazardous materials transportation, Material control and
accounting, Nuclear energy, Nuclear materials, Packaging and
containers, Penalties, Radiation protection, Reporting and
recordkeeping requirements, Scientific equipment, Security measures,
Special nuclear material, Whistleblowing.
10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
10 CFR Part 76
Certification, Criminal penalties, Nuclear energy, Penalties,
Radiation protection, Reporting and record keeping requirements,
Security measures, Special nuclear material, Uranium, Uranium
enrichment by gaseous diffusion.
10 CFR Part 110
Administrative practice and procedure, Classified information,
Criminal penalties, Exports, Imports, Intergovernmental relations,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Scientific
equipment.
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 parts 2, 30, 40, 50, 51, 52, 53, 54, 61, 70, 72, 76,
and 110.
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81,
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201,
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j)
also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373
(28 U.S.C. 2461 note).
0
2. In Sec. 2.101:
0
a. Revise paragraphs (a)(3)(ii), (a)(4), and (b);
0
b. In paragraphs (a)(3)(i), (e)(1), (e)(5), remove the phrase ``subpart
A of'';
0
c. In paragraphs (a)(3)(iii), (f), (f)(1), (f)(2)(i)(D), and (f)(4),
remove the phrase ``environmental report'' and add in its place the
phrase ``information required under part 51 of this chapter'';
0
d. In paragraph (a)(9)(ii)(a-1), remove the phrase ``Sec. 51.20(b)''
and add in its place the phrase ``part 51'';
The revisions read as follows:
Sec. 2.101 Filing of application.
(a) * * *
(3) * * *
(ii) Serve a copy on the chief executive of the municipality in
which the facility or site which is the subject of an early site permit
is to be located or, if the facility or site which is the subject of an
early site permit is not to be located within a municipality, on the
chief executive of the county, containing as applicable, the docket
number of the application; a brief description of the proposed site and
facility; the location of the site and facility; the name, address,
telephone number, and email address (if available) of the applicant's
representative who may be contacted for further information;
notification if an environmental document will be issued by the
Commission and will be made available upon request to the Commission;
and notification that if a request is received from the appropriate
chief executive, the applicant will transmit a copy of the application
and environmental information required under part 51 of this chapter,
to the executive who makes the request. In complying with the
requirements of this paragraph, the applicant should not make public
distribution of those parts of the application subject to Sec.
2.390(d). The applicant shall submit to the Director, Office of Nuclear
Reactor Regulation, an affidavit that service of the notice of
availability of the application has been completed along with a list of
names and addresses of those executives upon whom the notice was
served; and
* * * * *
(4) The tendered application for a construction permit, operating
license, early site permit, standard design approval, combined license,
or manufacturing license will be formally docketed upon receipt by the
Director, Office of Nuclear Reactor Regulation, or Director, Office of
Nuclear Material Safety and Safeguards, as appropriate, of the required
additional copies. Distribution of the additional copies shall be
deemed to be complete as of the time the copies are deposited in the
mail or with a carrier prepaid for delivery to the designated
addresses. The date of docketing shall be the date when the required
copies are received by the Director, Office of Nuclear Reactor
Regulation, or Director, Office of Nuclear Material Safety and
Safeguards, as appropriate. Within 10 days after docketing, the
applicant shall submit to the Director, Office of Nuclear Reactor
Regulation, or Director, Office of Nuclear Material Safety and
Safeguards, as appropriate, an affidavit that distribution of the
additional copies to Federal, State, and local officials has been
completed in accordance with requirements of this chapter and written
instructions furnished to the applicant by the Director, Office of
Nuclear Reactor Regulation, or Director, Office of Nuclear Material
Safety and Safeguards, as appropriate. Amendments to the application
and environmental information required under part 51 of this chapter
shall be filed and distributed and an affidavit shall be furnished to
the Director, Office of Nuclear Reactor Regulation, or Director, Office
of Nuclear Material Safety and Safeguards, as appropriate, in the same
manner as for the initial application. If it is determined that all or
any part of the tendered application and/or environmental information
required under part 51 of this chapter is incomplete and therefore not
acceptable for processing, the applicant will be informed of this
determination, and the
[[Page 42102]]
respects in which the document is deficient.
* * * * *
(b) After the application has been docketed, each applicant for a
license for receipt of waste radioactive material from other persons
for the purpose of commercial disposal by the waste disposal licensee,
except applicants under part 61 of this chapter, which must comply with
paragraph (f) of this section, shall serve a copy of the application
and environmental information required under part 51 of this chapter,
as appropriate, on the chief executive of the municipality in which the
activity is to be conducted or, if the activity is not to be conducted
within a municipality on the chief executive of the county, containing
the docket number of the application; a brief description of the
proposed site and facility; the location of the site and facility as
primarily proposed and alternatively listed; the name, address,
telephone number, and email address (if available) of the applicant's
representative who may be contacted for further information;
notification if an environmental document will be issued by the
Commission and will be made available upon request to the Commission;
and notification that if a request is received from the appropriate
chief executive, and the applicant will transmit a copy of the
application and environmental report or draft environmental document,
to the executive who makes the request. In complying with the
requirements of this paragraph the applicant should not make public
distribution of those parts of the application subject to Sec.
2.390(d). The applicant shall submit to the Director, Office of Nuclear
Material Safety and Safeguards, an affidavit that service of the notice
of availability of the application or environmental information
required under part 51 of this chapter has been completed along with a
list of names and addresses of those executives upon whom the notice
was served.
* * * * *
0
3. In Sec. 2.309, revise paragraphs (f)(1)(vi) and (f)(2) to read as
follows:
Sec. 2.309 Hearing requests, petitions to intervene, requirements for
standing, and contentions.
* * * * *
(f) * * *
(1) * * *
(vi) In a proceeding other than one under Sec. 52.103 or Sec.
53.1452 of this chapter provide sufficient information to show that a
genuine dispute exists with the applicant/licensee on a material issue
of law or fact. This information must include references to specific
portions of the application (including any requirements pursuant to 10
CFR part 51 and the safety report) that the petitioner disputes and the
supporting reasons for each dispute, or, if the petitioner believes
that the application fails to contain information on a relevant matter
as required by law, the identification of each failure and the
supporting reasons for the petitioner's belief. This information also
must clearly indicate whether the petitioner is disputing the adequacy
of the information in the application, is asserting that the
application fails to contain information on a relevant matter as
required by law, or both; and
* * * * *
(2) Contentions must be based on documents or other information
available at the time the petition is to be filed, such as the
application, supporting safety analysis report, environmental report,
draft environmental document, or other supporting document filed by an
applicant or licensee, or otherwise available to a petitioner. On
issues arising under the National Environmental Policy Act,
participants shall file contentions based on the applicant's
environmental report or draft environmental document. Participants may
file new or amended environmental contentions after the deadline in
paragraph (b) of this section (e.g., based on the NRC environmental
document) if the associated motion for leave to file complies with the
requirements in paragraph (c) of this section.
* * * * *
0
4. In Sec. 2.332, revise paragraph (d) to read as follows:
Sec. 2.332 General case scheduling and management.
* * * * *
(d) Effect of NRC staff's schedule on scheduling order. In
establishing a schedule, the presiding officer shall take into
consideration the NRC staff's projected schedule for completion of its
safety and environmental requirements under 10 CFR part 51 to ensure
that the hearing schedule does not adversely impact the staff's ability
to complete its reviews in a timely manner. Hearings on safety issues
may be commenced before publication of the NRC staff's safety
evaluation upon a finding by the presiding officer that commencing the
hearings at that time would expedite the proceeding. Where an
environmental impact statement (EIS) is involved, hearings on
environmental issues addressed in the EIS may not commence before the
issuance of the final EIS. In addition, discovery against the NRC staff
on safety or environmental issues, respectively, should be suspended
until the staff has issued the SER or EIS, unless the presiding officer
finds that the commencement of discovery against the NRC staff (as
otherwise permitted by the provisions of this part) before the
publication of the pertinent document will not adversely affect
completion of the document and will expedite the hearing.
0
5. In Sec. 2.337, revise paragraphs (g)(1), (g)(2)(iv) and (g)(3)(iv)
to read as follows:
Sec. 2.337 Evidence at a hearing.
* * * * *
(g) * * *
(1) Facility construction permits. In a proceeding involving an
application for construction permit for a production or utilization
facility, the NRC staff shall offer into evidence any report submitted
by the ACRS in the proceeding in compliance with section 182(b) of the
Act, any safety evaluation prepared by the NRC staff, and any
categorical exclusion documentation or environmental document prepared
in the proceeding under part 51 of this chapter by the Director, Office
of Nuclear Reactor Regulation, or Director, Office of Nuclear Material
Safety and Safeguards, as appropriate, or their designee.
(2) * * *
(iv) Any categorical exclusion documentation or environmental
document prepared in the proceeding under part 51 of this chapter by
the Director, Office of Nuclear Reactor Regulation, or Director, Office
of Nuclear Material Safety and Safeguards, as appropriate, or their
designee if there is any, but only if there are admitted contentions or
contested matters with respect to the adequacy of the categorical
exclusion, environmental impact statement, or environmental assessment.
* * * * *
(3) * * *
(iv) Any categorical exclusion documentation or environmental
document in the proceeding under part 51 of this chapter by the
Director, Office of Nuclear Reactor Regulation, or Director, Office of
Nuclear Material Safety and Safeguards, as appropriate, or their
designee if there is any, but only if there are admitted contentions or
contested matters with respect to the adequacy or applicability of the
categorical exclusion or adequacy of the environmental document.
[[Page 42103]]
Sec. 2.605 [Amended]
0
6. In Sec. 2.605, remove paragraph (b)(1) and redesignate paragraph
(b)(2) as paragraph (b)(1) and remove and reserve (b)(2).
Sec. 2.606 [Amended]
0
7. In Sec. 2.606, wherever it may appear, remove the phrase ``subpart
A''.
Sec. 2.625 [Amended]
0
8. In Sec. 2.625, remove paragraph (b)(1) and redesignate paragraph
(b)(2) as paragraph (b)(1) and remove and reserve (b)(2).
Sec. 2.627 [Amended]
0
9. In Sec. 2.627, wherever it may appear, remove the phrase ``subpart
A''.
Sec. 2.649 [Amended]
0
10. In Sec. 2.649, remove the phrase ``subpart A of''.
0
11. In Sec. 2.802, revise paragraph (c)(1)(viii) to read as follows:
Sec. 2.802 Petition for rulemaking--requirements for filing.
* * * * *
(c) * * *
(1) * * *
(viii) Provide any environmental information required under part 51
of this chapter.
* * * * *
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
0
12. The authority citation for part 30 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 81, 161, 181,
182, 183, 184, 186, 187, 223, 234, 274 (42 U.S.C. 2014, 2111, 2201,
2231, 2232, 2233, 2234, 2236, 2237, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.
Sec. 30.32 [Amended]
0
13. In Sec. 30.32, in paragraph (f) wherever it may appear, remove the
phrase ``subpart A''.
Sec. 30.33 [Amended]
0
14. In Sec. 30.33, in paragraph (a)(5) remove the phrase ``subpart A
of''.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
15. The authority citation for part 40 continues to read as follows:
Authority: Atomic Energy Act secs. 11(e)(2), 62, 63, 64, 65, 81,
161, 181, 182, 183, 186, 193, 223, 234, 274, 275 (42 U.S.C.
2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2231,
2232, 2233, 2236, 2243, 2273, 2282, 2021, 2022); Energy
Reorganization Act secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846);
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504
note); Energy Policy Act of 2005, Pub. L. 109-59, 119 Stat. 594
(2005).
Section 40.7 also issued under Energy Reorganization Act sec.
211, Pub. L. 95-601, sec. 10, as amended by Pub. L. 102-486, sec.
2902 (42 U.S.C. 5851). Section 40.31(g) also issued under Atomic
Energy Act sec. 122 (42 U.S.C. 2152). Section 40.46 also issued
under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 40.71
also issued under Atomic Energy Act sec. 187 (42 U.S.C. 2237).
0
16. In Sec. 40.31, in paragraph (f), wherever it may appear, remove
the phrase ``subpart A'' and revise paragraph (k) to read as follows:
Sec. 40.31 Application for specific licenses.
* * * * *
(k) A license application for a uranium enrichment facility must be
accompanied by the environmental information required under part 51 of
this chapter.
* * * * *
Sec. 40.32 [Amended]
0
17. In Sec. 40.32, in paragraph (e) remove the phrase ``subpart A
of''.
0
18. In appendix A to part 40, in Criterion 3 remove the phrase
``reports'' and add in its place the phrase ``information required by
part 51 of this chapter''; and revise Criterion 9(c) to read as
follows:
Appendix A to Part 40--Criteria Relating to the Operation of Uranium
Mills and the Disposition of Tailings or Wastes Produced by the
Extraction or Concentration of Source Material From Ores Processed
Primarily for Their Source Material Content
* * * * *
Criterion 9: * * *
(c) The licensee shall submit this plan in conjunction with the
environmental information required by part 51 of this chapter. The
plan must include a signed original of the financial instrument
obtained to satisfy the surety arrangement requirements of this
criterion (unless a previously submitted and approved financial
instrument continues to cover the cost estimate for
decommissioning). The surety arrangement must also cover the cost
estimate and the payment of the charge for long-term surveillance
and control required by Criterion 10 of this section.
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
19. The authority citation for part 50 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103,
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135,
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504
note.
0
20. In Sec. 50.10, revise paragraphs (d)(3)(ii), (e)(1)(i), (e)(1)(ii)
and (f) to read as follows:
Sec. 50.10 License required; limited work authorization.
* * * * *
(d) * * *
(3) * * *
(iii) Environmental information required by part 51 of this
chapter.
* * * * *
(e) * * *
(1) * * *
(i) The NRC staff issues the final documentation required under
NEPA and all applicable Federal environmental consultations have been
complete, in accordance with part 51 of this chapter;
(ii) The presiding officer makes the finding in part 51 of this
chapter, as applicable;
* * * * *
(f) Effect of limited work authorization. Any activities undertaken
under a limited work authorization are entirely at the risk of the
applicant and, except as to the matters determined under paragraph
(e)(1) of this section, the issuance of the limited work authorization
has no bearing on the issuance of a construction permit or combined
license with respect to the requirements of the Act, and rules,
regulations, or orders issued under the Act. The categorial exclusions,
environmental assessment, or environmental impact statement for a
construction permit or combined license application for which a limited
work authorization was previously issued will not address, and the
presiding officer will not consider, the sunk costs of the holder of
limited work authorization in determining the proposed action (i.e.,
issuance of the construction permit or combined license).
* * * * *
0
21. In Sec. 50.30, revise paragraph (f) to read as follows:
Sec. 50.30 Filing of application; oath or affirmation.
* * * * *
(f) Environmental information. An application for a construction
permit, operating license, early site permit, combined license, or
manufacturing
[[Page 42104]]
license for a nuclear power reactor, testing facility, fuel
reprocessing plant, or other production or utilization facility whose
construction or operation may be determined by the Commission to have a
significant impact in the environment, shall be accompanied by an
environmental information required under part 51 of this chapter.
* * * * *
0
22. Revise and republish Sec. 50.36b to read as follows:
Sec. 50.36b Environmental conditions.
(a) Each construction permit under this part, each early site
permit under part 52 of this chapter, and each combined license under
part 52 of this chapter may include conditions to protect the
environment during construction. These conditions are to be set out in
an attachment to the permit or license, which is incorporated in and
made a part of the permit or license. These conditions will be derived
from information contained in the environmental information submitted
pursuant to part 51 this chapter as analyzed and evaluated by the NRC,
and will identify the obligations of the licensee in the environmental
area, including, as appropriate, requirements for reporting and keeping
records of environmental data, and any conditions and monitoring
requirement for the protection of the nonaquatic environment.
(b) Each license authorizing operation of a production or
utilization facility, including a combined license under part 52 of
this chapter, and each license for a nuclear power reactor facility
that no longer authorizes operation of the reactor under Sec.
50.82(a)(1) or Sec. 52.110(a) of this chapter has been submitted,
which is of a type described in Sec. 50.21(b)(2) or (3) or Sec. 50.22
or is a testing facility, may include conditions to protect the
environment during operation and decommissioning. These conditions are
to be set out in an attachment to the license, which is incorporated in
and made a part of the license. These conditions will be derived from
information contained in the environmental information submitted
pursuant to part 51 of this chapter as analyzed and evaluated by the
NRC, and will identify the obligations of the licensee in the
environmental area, including, as appropriate, requirements for
reporting and keeping records of environmental data, and any conditions
and monitoring requirement for the protection of the nonaquatic
environment.
Sec. 50.40 [Amended]
0
23. In Sec. 50.40, in paragraph (d) remove the phrase ``subpart A
of''.
0
24. In Sec. 50.82:
0
a. In paragraph (a)(4)(i), remove the phrase ``environmental impact
statements'' and add in its place the phrase ``environmental documents
or categorical exclusions''; and
0
b. Revise paragraph (a)(9)(ii)(G).
The revision reads as follows:
Sec. 50.82 Termination of license.
(a) * * *
(9) * * *
(ii) * * *
(G) A supplement to the environmental information required under
part 51 of this chapter, describing any new information or significant
environmental change associated with the licensee's proposed
termination activities.
* * * * *
0
25. In Sec. 50.83, revise paragraph (d)(3) to read as follows:
Sec. 50.83 Release of part of a power reactor facility or site for
unrestricted use.
* * * * *
(d) * * *
(3) A supplement to the environmental information required under
part 51 of this chapter, describing any new information or significant
environmental change associated with the licensee's proposed release
activities.
* * * * *
0
26. In Sec. 50.135, revise paragraph (d)(3) to read as follows:
Sec. 50.135 Renewal of non-power production or utilization facility
licenses issued under Sec. 50.22 and testing facility licenses.
* * * * *
(d) * * *
(3) Each application must include the environmental information
required by part 51 of this chapter.
* * * * *
Appendix N to Part 50 [Amended]
0
27. In Appendix N to part 50, in paragraph 2., remove the phrase
``Sec. 51.50'' and add in its place the phrase ``part 51'' and in
paragraph 3., remove the phrase ``Sec. 51.53'' and add in its place
the phrase ``part 51''.
Appendix Q to Part 50 [Amended]
0
28. Amend appendix Q to part 50 by:
0
a. Wherever it may appear, remove the phrase ``Sec. 51.20b'' and add
in its place the phrase ``part 51'';
0
b. In paragraph 7., remove the phrase ``subpart A of''; and
0
c. Remove paragraph 7.(a) and redesignate paragraph 7.(b) as paragraph
7.(a) and remove and reserve 7.(b).
0
29. Revise and republish part 51 to read as follows:
PART 51--IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT
Sec.
51.1 Scope.
51.4 Definitions.
51.6 Specific exemptions.
Subpart A--[Reserved]
51.13 Emergencies.
51.15 Deadlines.
51.17 Information collection requirements; OMB approval.
51.19 Determination of when NEPA applies.
51.20 Determination of the appropriate level of NEPA review.
51.22 Establishing categorical exclusions.
51.23 Environmental impacts of continued storage of spent nuclear
fuel beyond the licensed life for operation of a reactor.
51.30 Environmental assessment.
51.31 Determinations based on environmental assessment.
51.32 Finding of no significant impact.
51.41 Requirement to submit environmental information.
51.45 Environmental report and information.
51.46 Applicant-prepared draft environmental documents.
51.51 Uranium fuel cycle environmental data--Table S-3.
51.52 Environmental effects of transportation of fuel and waste--
Table S-4.
51.60 Environmental report--materials licenses.
51.62 Environmental report--land disposal of radioactive waste
licensed under 10 CFR part 61.
51.67 Environmental information concerning geologic repositories.
51.70 Environmental impact statement--general.
51.71 Environmental impact statements--contents.
51.75 Environmental documents--construction permit, early site
permit, or combined license.
51.76 Environmental documents--limited work authorization.
51.92 Supplement to the final environmental document.
51.95 Postconstruction environmental document.
51.101 Limitations on actions.
51.102 Documentation of decision.
51.109 Public hearings in proceedings for issuance of materials
license with respect to a geologic repository.
[[Page 42105]]
Appendix A--[Reserved]
Appendix B 10 CFR Part 51--Environmental Effect of Renewing the
Operating License of a Nuclear Power Plant
Appendix C of Part 51--Environmental Effect of Issuing a Permit or
License for a New Nuclear Reactor
Subpart B--[Reserved]
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. 4321-4336c, 4336e); 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 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 51.67, and 51.109 also issued under
Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).
Sec. 51.1 Scope.
This part establishes procedures that the NRC will use to comply
with the National Environmental Policy Act (NEPA) of 1969, as amended,
in the conduct of its domestic licensing and related regulatory
functions. These regulations do not apply to export licensing matters
within the scope of part 110 of this chapter, or to any environmental
effects which NRC's domestic licensing and related regulatory functions
may have upon the environment of foreign nations. Subject to these
limitations, the regulations in this part implement the National
Environmental Policy Act of 1969, as amended.
Sec. 51.4 Definitions.
(a) As used in this part and for the purposes of compliance with
NEPA:
Act means the Atomic Energy Act of 1954 (Pub. L. 83-703, 68 Stat.
919) including any amendments thereto.
Authorization means any license, permit, approval, finding,
determination, or other administrative decision issued by an agency
that is required or authorized under Federal law in order to implement
a proposed agency action.
Commission means the Nuclear Regulatory Commission or its
authorized representatives.
Connected action means a separate Federal action within the
authority of NRC that is closely related to the proposed agency action
and should be addressed in a single environmental document because the
proposed agency action:
(1) Automatically triggers the separate Federal action, which
independently would require the preparation of additional environmental
documents;
(2) Cannot proceed unless the separate Federal action is taken
previously or simultaneously; or
(3) Is an interdependent part of a larger Federal action that
includes a separate Federal action, which mutually depend on the larger
Federal action for their justification.
Construction has the meaning assigned in the part of this chapter
that governs the authorized activity. For example, for an activity
licensed under part 50 of this chapter, construction has the meaning
provided in Sec. 50.4 of this part.
DOE or Department of Energy means the U.S. Department of Energy or
its duly authorized representatives.
Draft environmental document means an applicant-prepared
environmental assessment or environmental impact statement that does
not include an agency-prepared final impact finding, agency-prepared
impact determination, or any other agency decision-making document.
Effects or impacts for the purposes of NEPA means changes to the
human environment from the proposed agency action or alternatives that
are reasonably foreseeable and have a reasonably close causal
relationship to the proposed agency action or alternatives.
(1) Effects can include ecological (such as the effects on natural
resources and on the components, structures, and functioning of
affected ecosystems), aesthetic, historic, cultural, economic (such as
the effects on employment), social, or health effects. Effects
appropriate for analysis under NEPA may be either beneficial or
adverse, or both, with respect to these values.
(2) A ``but for'' causal relationship is insufficient to make an
agency responsible for a particular effect under NEPA. Effects should
generally not be considered if they are remote in time, geographically
remote, or the product of a lengthy causal chain. Effects do not
include those effects that the agency has no ability to prevent due to
the limits of its regulatory authority, or that would occur regardless
of the proposed agency action, or that would need to be initiated by a
third party.
(3) The NRC's regulatory authority for production and utilization
facilities and source, special, and byproduct materials is limited to
effects or impacts with a reasonable nexus to radiological health and
safety or the common defense and security. The NRC has additional
regulatory authority concerning certain byproduct material defined in
Sec. 11e.(2) of the Atomic Energy Act, typically licensed under part
40 of this chapter, to protect the public health and safety and the
environment from radiological and nonradiological hazards associated
with the processing and possession of such material.
Environmental report means a document submitted to the Commission
by an applicant for a permit, license, or other form of permission, or
an amendment to or renewal of a permit, license or other form of
permission, or by a petitioner for rulemaking, to aid the Commission in
complying with NEPA, and other environmental statutes, including but
not limited to the Endangered Species Act, National Historic
Preservation Act, Clean Air Act, Clean Water Act, Magnuson-Stevens
Fishery Conservation and Management Act, National Marine Sanctuaries
Act, and Marine Mammal Protection Act.
Head of the agency means the NRC's Executive Director for
Operations.
Human environment means comprehensively the natural and physical
environment and the relationship of Americans with that environment.
(See also the definition of ``effects'' in this section.)
Mitigation means measures that avoid, minimize, or compensate for
effects caused by a proposed agency action or alternatives as described
in an environmental document or record of decision or another decision
document and that have a nexus to those effects. While NEPA requires
consideration of mitigation, it does not mandate the form or adoption
of any mitigation. NEPA also does not provide authority to impose
mitigation. Mitigation includes:
(1) Avoiding the impact altogether by not taking a certain action
or parts of an action.
(2) Minimizing effects by limiting the degree or magnitude of the
action and its implementation.
(3) Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment.
(4) Reducing or eliminating the impact over time by preservation
and maintenance operations during the life of the action.
(5) Compensating for the impact by replacing or providing
substitute resources or environments.
NEPA means the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321, et seq.).
NEPA process means all measures necessary for compliance with the
requirements of section 2 and title I of NEPA Sec. 102(2), 42 U.S.C.
4332(2).
[[Page 42106]]
Notice of Intent means a public notice that the NRC will prepare
and consider an environmental document.
NRC means the Nuclear Regulatory Commission, the agency established
by Title II of the Energy Reorganization Act of 1974, as amended.
NRC staff director means the Executive Director for Operations; the
Director, Office of Nuclear Reactor Regulation; the Director, Office of
Nuclear Material Safety and Safeguards; the Director, Office of Nuclear
Regulatory Research; the Director, Office of Public Affairs; and the
designee of any NRC staff director.
Publish and publication mean methods found by the agency to
efficiently and effectively make environmental documents and
information available for review by interested persons, including
electronic publication.
Previously disturbed areas as used in Sec. 51.22 of this part
means areas that have been changed by development of the facility and
remain altered by human activity such that they do not support
important habitat or habitat to important species and no longer have
the potential to yield historic and cultural resources. This includes
the lateral and vertical extent of alteration from natural cover to a
managed state.
Reasonable alternatives means a reasonable range of alternatives
that are technically and economically feasible, within the scope of the
NRC's statutory authority, and meet the purpose and need for the
proposed agency action.
Reasonably foreseeable means sufficiently likely to occur such that
a person of ordinary prudence would take it into account in reaching a
decision.
Related action means an action undertaken by an agency, e.g., a
permitting action, some other type of authorization action, an analysis
required by statute, or the like, that bears a relationship to other
actions undertaken by other agencies relevant to NEPA, e.g., that is an
interdependent part of a larger action and depends on the larger action
for its justification.
Responsible federal official means the NRC's Executive Director for
Operations or their delegee.
Scope consists of the range of actions, alternatives, and effects
to be considered in an environmental document. The scope of an
individual environmental document may depend on the document's
relationships to other environmental documents.
Uranium enrichment facility means:
(1) Any facility used for separating the isotopes for uranium or
enriching uranium in the isotope 235, except laboratory scale
facilities designed or used for experimental or analytical purposes
only; or
(2) Any equipment or device, or important component part especially
designed for such equipment or device, capable of separating the
isotopes of uranium or enriching uranium in the isotope 235.
(b) Unless specifically defined in this section, the terms defined
in NEPA Sec. 111 as used in this part have the meaning assigned in
NEPA Sec. 111.
Sec. 51.6 Specific exemptions.
The Commission may, upon application of any interested person or
upon its own initiative, grant such exemptions from the requirements of
the regulations in this part as it determines are authorized by law and
are otherwise in the public interest.
Subpart A [Reserved]
Sec. 51.13 Emergencies.
Whenever emergency circumstances make it necessary and whenever, in
other situations, the health and safety of the public may be adversely
affected if mitigative or remedial actions are delayed, the Commission
may take an action with significant environmental impact without
observing the provisions of these regulations. In taking an action
covered by this section, the Commission will consult with the Council
on Environmental Quality as soon as feasible concerning appropriate
alternative NEPA arrangements.
Sec. 51.15 Deadlines.
(a) Absent a project sponsor's payment of a fee for an expedited
deadline pursuant to NEPA Sec. 112:
(1) The NRC will complete an environmental assessment no later than
one year after the sooner of:
(i) When the NRC determines that NEPA requires the preparation of
an environmental assessment, or
(ii) The date the NRC issues a notice of intent to prepare an
environmental-assessment.
(iii) For applications and petitions for rulemaking, the NRC's
determination that NEPA requires the preparation of an environmental
assessment is made when a complete application or petition is docketed.
(2) The NRC will complete an environmental impact statement no
later than two years after the sooner of:
(i) When the NRC determines that NEPA requires the preparation of
an environmental impact statement, or
(ii) The date the NRC issues a notice of intent to prepare an
environmental assessment or environmental impact statement.
(iii) For applications and petitions for rulemaking, the NRC's
determination that NEPA requires the preparation of an environmental
impact statement is made when a complete application or petition is
docketed or when an environmental assessment resulting in a
determination that an environmental impact statement is required is
published.
(3) The completion date of an environmental assessment or
environmental impact statement will be the date the NRC publishes the
environmental document in the NRC's Agencywide Documents Access and
Management System or the Federal Register.
(4) The environmental assessment and environmental impact statement
will be published (unless the deadline is extended pursuant to the
provision below), at the latest, on the day the deadline elapses, in as
substantially complete form as is possible.
(5) If the NRC determines it is not able to meet the deadline
prescribed by NEPA Sec. 107(g)(1), the NRC will consult with the
applicant, if any, pursuant to NEPA Sec. 107(g)(2). After such
consultation, if needed, it may establish a new deadline. The new
deadline will provide only so much additional time as is necessary to
complete such environmental assessment or environmental impact
statement.
(b) Project sponsors intending to pay a fee for an expedited
environmental impact statement or environmental assessment deadline
pursuant to NEPA Sec. 112 for which the NRC would be the lead agency
should consult with the NRC before submitting a request to the Council
on Environmental Quality. The NRC will use such consultation to assist
the project sponsor in providing an accurate description of the project
as it relates to the anticipated environmental impact statement or
environmental assessment-associated costs.
Sec. 51.17 Information collection requirements; OMB approval.
(a) The Nuclear Regulatory Commission has submitted the information
collection requirements contained in this part to the Office of
Management and Budget (OMB) for approval as required by the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
OMB has approved the information collection requirements contained in
this part under control number 3150-0021.
[[Page 42107]]
(b) The approved information collection requirements in this part
appear in Sec. Sec. 51.6, 51.41, 51.45, 51.46, 51.51, 51.52, 51.60,
51.60(c), 51.62 and 51.62(d) of this part.
Preliminary Procedures
Classification of Licensing and Regulatory Actions
Sec. 51.19 Determination of when NEPA applies.
(a) The NRC will determine that NEPA does not apply to a proposed
agency action when:
(1) The actions or decision do not result in final agency action
under the Administrative Procedure Act, or other relevant statute that
also includes a finality requirement;
(2) The proposed agency action or decision is exempted from NEPA by
law;
(3) Compliance with NEPA would clearly and fundamentally conflict
with the requirements of another provision of law;
(4) In circumstances where Congress by statute has prescribed
decisional criteria with sufficient completeness and precision such
that the NRC retains no residual discretion to alter its action based
on the consideration of environmental factors, then that function of
the NRC is nondiscretionary within the meaning of NEPA Sec. 106(a)(4)
or Sec. 111(10)(B)(vii), and NEPA does not apply to the action in
question;
(5) The proposed agency action is an action for which another
statute's requirements serve the function of agency compliance with
NEPA; or
(6) The proposed agency action is not a ``major Federal action.''
The terms ``major'' and ``Federal action,'' each have independent
force. NEPA applies only when both of these two criteria are met. While
such a determination is inherently bound up in the facts and
circumstances of each individual situation, and is thus reserved to the
judgment of the NRC in each instance, the NRC provides its officers and
employees and the public at large with the following interpretive
guidance:
(i) The NRC anticipates, on the basis of its experience, that the
following types of actions are generally ``major:'' an application for
a new license or permit; an application for renewal of a license or
permit; significant amendments to licenses or permits; some exemption
requests; rulemaking; decommissioning actions; license termination; and
limited work authorizations.
(ii) NEPA does not apply to ``non-Federal actions.'' Therefore,
under NEPA Sec. 111(10)(B)(i), NEPA does not apply to actions with no
or minimal Federal funding, or with no or minimal Federal involvement
where a Federal agency cannot control the outcome of the project. A
``but for'' causal relationship is insufficient to make an agency
responsible for a particular effect under NEPA. By the same token,
minimal Federal funding or involvement does not by itself convert that
action into a Federal action within the meaning of the language of the
statute.
(7) In addition to the illustrative general categories set forth in
NEPA Sec. 111(10), the NRC has determined that the following non-
exhaustive list of NRC actions are not subject to NEPA because NRC
anticipates they do not meet the definition of a ``major Federal
action:'' NRC actions initiating or relating to administrative or
judicial civil or criminal enforcement actions or proceedings including
issuance of notices of violation, orders, and denials of requests for
action pursuant to subpart B of part 2 of this chapter; matters covered
by parts 15 and part 160 of this chapter; and issuance of confirmatory
action letters, bulletins, generic letters, notices of deviation, and
notices of nonconformance.
(8) The issuance or update of the NRC's NEPA procedures is not
subject to NEPA review.
(b) In determining whether NEPA applies to a proposed agency
action, the NRC will consider only the action or project at hand.
Sec. 51.20 Determination of the appropriate level of NEPA review.
(a) If the NRC determines under Sec. 51.19 of this part that NEPA
applies to a proposed licensing or regulatory action or decision, the
NRC will then determine the appropriate level of NEPA review in the
following sequence and manner. At all steps in the following process,
the NRC will consider the proposed agency action and its effects.
(1) If the NRC has established pursuant to Sec. 51.22 of this part
a categorical exclusion that covers the proposed agency action, the NRC
will analyze whether to apply the categorical exclusion to the proposed
agency action and apply the categorical exclusion, if appropriate.
(2) [Reserved]
(b) Except as provided in paragraph (d) of this section, if the NRC
cannot apply a categorical exclusion to the proposed agency action, the
NRC will consider the proposed agency action's reasonably foreseeable
effects consistent with paragraph (c) of this section, and then will
prepare, as appropriate, an environmental assessment or environmental
impact statement in accordance with paragraphs (b)(1) or (b)(2),
respectively, of this section.
(1) The NRC will prepare an environmental assessment, consistent
with Sec. Sec. 51.30, 51.31, and 51.32 of this part, if the proposed
agency action is not likely to have reasonably foreseeable significant
effects or the significance of the effects is unknown; or
(2) The NRC will prepare an environmental impact statement,
consistent with Sec. Sec. 51.70 and 51.71 of this part, if the
proposed agency action is likely to have reasonably foreseeable
significant effects.
(c) When considering whether the reasonably foreseeable effects of
the proposed agency action are significant, the NRC will analyze the
potentially affected environment and degree of the effects of the
action. The NRC may use any reliable data source and will not undertake
new research unless it is essential to evaluating alternatives and the
cost and time of obtaining it are not unreasonable.
(d) Issuance of a license for a uranium enrichment facility
requires preparation of an environmental impact statement pursuant to
Atomic Energy Act Sec. 193(a)(1).
Sec. 51.22 Establishing categorical exclusions.
The NRC may establish categories of licensing, regulatory, and
administrative actions eligible for categorical exclusion that the NRC
finds are within a category of actions that normally does not
significantly affect the quality of the human environment within the
meaning of NEPA Sec. 102(2)(C). The NRC may establish these
categorical exclusions by rule or public notification on the NRC's
website, http://www.nrc.gov/NEPAcatex, or by adopting pursuant to NEPA
Sec. 109 categorical exclusions established by other Federal agencies
into regulation or on the NRC's website, http://www.nrc.gov/NEPAcatex.
A prospective applicant or any other interested party may also propose
a new categorical exclusion for a category of actions that normally
does not significantly affect the quality of the human environment for
NRC consideration by submitting a petition for rulemaking in accordance
with Sec. 2.802 of this chapter. If appropriate, the NRC may establish
a new categorical exclusion on its website, http://www.nrc.gov/NEPAcatex, while a decision on whether to pursue rulemaking is pending.
(a) The following categories of NRC actions are excluded from the
requirement to prepare an
[[Page 42108]]
environmental assessment or environmental impact statement:
(1) Actions that are administrative, procedural, or solely
financial in nature, including, for example:
(i) Issuance of or changes to procedures for filing and reviewing
applications;
(ii) Issuance of or changes to recordkeeping or reporting
requirements;
(iii) Issuance of or changes to surety, insurance, or indemnity
requirements;
(iv) Issuance of or changes to administrative procedures or
requirements;
(v) Actions on petitions for rulemaking, but not including
rulemakings in response to a petition for rulemaking;
(vi) Amendments to the regulations in this chapter that are
corrective or of a minor or nonpolicy nature and do not substantially
modify existing regulations;
(vii) Issuance of or changes to guidance for the implementation of
regulations in this chapter and other informational and procedural
documents that do not impose any legal requirements;
(viii) Changes to a person or organization's name, position, or
title;
(ix) Revisions that are editorial, corrective, or otherwise minor,
including the updating of NRC-approved references, or changes to
formatting of a document;
(x) Changes to contact information;
(xi) Personnel or managerial actions;
(xii) Actions on or changes to requirements for decommissioning
funding under parts 30, 40, 50, 53, 70, or 72 of this chapter; or
(xiii) Termination of licenses that were issued but for which no
construction activities have begun or where all decommissioning
activities have been completed and approved and license termination is
a final administrative step.
(2) Issuance of or changes to education, training, experience,
qualification, or other employment suitability requirements.
(3) Amendments to parts 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 15,
16, 19, 21, 25, 26, 55, 75, 95, 110, 140, 150, 160, 170, or 171 of this
chapter.
(4) Procurement of general equipment and supplies, and procurement
of technical assistance and personal services relating to the safe
operation and protection of commercial reactors, other facilities, and
materials subject to NRC licensing and regulation.
(5) Entrance into or amendment, suspension, or termination of all
or part of an agreement with a State under section 274 of the Atomic
Energy Act of 1954, as amended, providing for assumption by the State
and discontinuance by the Commission of certain regulatory authority of
the Commission.
(6) Approvals of direct or indirect transfers of any license issued
by the NRC (any associated amendments of a license required to reflect
the approval of a direct or indirect transfer of an NRC license are
included in paragraph (a)(1) of this section).
(7) The import of nuclear facilities and materials under part 110
of this chapter, but not including the import of spent power reactor
fuel.
(8) Approvals of or changes to operators' licenses under part 55 or
part 53 of this chapter.
(9) Approvals of package designs for packages to be used for the
transportation of licensed materials.
(10) Actions under parts 30, 31, 32, 33, 34, 35, 36, 39, 40 or 70
of this chapter authorizing the following:
(i) Distribution of radioactive material and devices or products
containing radioactive material to general licensees and to persons
exempt from licensing;
(ii) Distribution of radiopharmaceuticals, generators, reagent kits
and/or sealed sources to persons licensed under Sec. 35.18 of this
chapter;
(iii) Nuclear pharmacies;
(iv) Use of radioactive materials for medical and veterinary
purposes;
(v) Use of radioactive materials for research and development and
for educational purposes;
(vi) Industrial radiography;
(vii) Irradiators;
(viii) Use of sealed sources and use of gauging devices, analytical
instruments and other devices containing sealed sources;
(ix) Use of uranium as shielding material in containers or devices;
(x) Possession of radioactive material incident to performing
services such as installation, maintenance, leak tests and calibration;
(xi) Use of sealed sources and/or radioactive tracers in well-
logging procedures;
(xii) Acceptance of packaged radioactive wastes from others for
transfer to licensed land burial facilities provided the interim
storage period for any package does not exceed 180 days and the total
possession limit for all packages held in interim storage at the same
time does not exceed 50 curies;
(xiii) Manufacturing or processing of source, byproduct, or special
nuclear materials for distribution to other licensees, except
processing of source material for extraction of rare earth and other
metals;
(xiv) Nuclear laundries;
(xv) Possession, manufacturing, processing, shipment, testing, or
other use of depleted uranium military munitions; or
(xvi) Any use of source, byproduct, or special nuclear material not
listed above which involves quantities and forms of source, byproduct,
or special nuclear material similar to those listed in paragraphs
(a)(10)(i) through (xv) of this section.
(11) Standard design approvals under part 52 or 53 of this chapter.
(12) Issuance of amendments to Sec. 72.214 of this chapter for
new, amended, revised, or renewed certificates of compliance for cask
designs used for spent fuel storage.
(13) Issuance, amendment, modification, or renewal of a certificate
of compliance of gaseous diffusion enrichment plants under part 76 of
this chapter.
(14) The decommissioning of sites where licensed operations have
been limited to the use of--
(i) Small quantities of short-lived radioactive materials;
(ii) Radioactive materials in sealed sources, provided there is no
evidence of leakage of radioactive material from these sealed sources;
or
(iii) Radioactive materials in such a manner that a decommissioning
plan is not required by Sec. Sec. 30.36(g)(1), 40.42(g)(1), or
70.38(g)(1) of this chapter, and the NRC has determined that the
facility meets the radiological criteria for unrestricted use in Sec.
20.1402 of this chapter without further remediation or analysis.
(15) The Commission finding for a combined license under Sec.
52.103(g) or Sec. 53.1452(g) of this chapter.
(16) Actions under Sec. 50.55a of this chapter.
(b) The following categories of NRC actions are excluded from the
requirement to prepare an environmental assessment or environmental
impact statement, provided that any ground disturbance is limited to
previously disturbed areas:
(1) Procurement of confirmatory research.
(2) Review and approval of transportation routes under Sec. 73.37
of this chapter.
(c) The following categories of NRC actions are excluded from the
requirement to prepare an environmental assessment or environmental
impact statement except to the extent they include activities directly
affecting the environment, such as the construction of facilities; a
major disturbance brought about by blasting, drilling, excavating or
other means; field
[[Page 42109]]
work, except that which only involves noninvasive or non-harmful
techniques such as taking water or soil samples or collecting non-
protected species of flora and fauna; or the release of radioactive
material:
(1) Grants to institutions of higher education in the United
States, to fund scholarships, fellowships, and stipends for the study
of science, engineering, or another field of study that the NRC
determines is in a critical skill area related to its regulatory
mission, to support faculty and curricular development in such fields,
and to support other domestic educational, technical assistance, or
training programs (including those of trade schools) in such fields.
(2) [Reserved]
(d) The following categories of NRC actions are excluded from the
requirement to prepare an environmental assessment or environmental
impact statement provided that any ground disturbance is limited to
previously disturbed areas and there is no significant change in the
types or significant increase in the amounts of any effluents that may
be released offsite, no significant increase in individual or
cumulative public or occupational radiation exposure, and no
significant increase in the potential for or consequences from
radiological accidents.
(1) Changes to inspection or surveillance requirements.
(2) Changes to equipment servicing or maintenance requirements.
(3) Changes to safeguard plans or materials control and accounting
inventory requirements, including modifications to systems used for
security and/or materials accountability.
(4) Changes to requirements for fire protection, emergency
planning, physical security, cybersecurity, or quality assurance.
(5) Changes to scheduling requirements.
(6) Changes to extend implementation dates for activities
previously found to not have a significant environmental impact.
(7) Actions that result in a change in process operations or
equipment under licenses for fuel cycle facilities or radioactive waste
disposal sites, or under the materials licenses identified in Sec.
51.60(b)(1) of this part.
(8) Authorizations under, or changes to requirements in part 50,
52, or part 53 of this chapter with respect to installation or use of a
facility component.
(e) In accordance with section 121 of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10141), the promulgation of technical requirements
and criteria that the Commission will apply in approving or
disapproving applications under part 60 or part 63 of this chapter
shall not require an environmental impact statement, an environmental
assessment, or any environmental review under subparagraph (H) or (I)
of NEPA Sec. 102(2).
(f) The following categories of NRC actions normally do not
significantly affect the quality of the human environment:
(1) Approvals related to long term surveillance plans provided that
criteria in appendix A in part 40 of this chapter for Title II site or
40 CFR 192 for Title I sites are met.
(2) Approvals of partial site releases or license termination
plans, except for facilities or sites that possess Atomic Energy Act
Sec. 11e.(2) byproduct material, provided that the NRC has determined
that the radiological criteria for unrestricted use in Sec. 20.1402 of
this chapter are met.
(3) Issuance of standard design certifications and manufacturing
licenses under part 52 or part 53 of this chapter provided that the
severe accident mitigation design alternatives do not provide cost
beneficial risk improvements.
(4) Changes to standard design certifications and manufacturing
licenses under part 52 or part 53 of this chapter provided that no new
severe accident mitigation design alternatives to reasonably
incorporate into the design are identified and previously considered
severe accident mitigation design alternatives remain rejected.
(g) Approvals under Sec. 20.2002 of this chapter normally do not
significantly affect the quality of the human environment provided that
there is no significant change in the types or significant increase in
the amounts of any radiological effluents that may be released offsite,
no significant increase in public or occupational radiation exposure,
and no significant increase in the potential for or consequences from
radiological accidents.
(h) Actions related to changes to reactor power levels normally do
not significantly affect the quality of the human environment provided
that there is no significant change in the types or significant
increase in the amounts of any radiological effluents that may be
released offsite, no significant increase in public or occupational
radiation exposure, no significant increase in the potential for or
consequences from radiological accidents, and no significant increase
in radioactive solid waste.
(i) Actions under part 50, part 52, or part 53 of this chapter
related to a limited work authorization, construction permit, operating
license, early site permit, or combined license for nuclear power or
non-power reactors normally do not significantly affect the quality of
the human environment provided that the facility and site meet or are
bounded by and will continue to meet or be bounded by the environmental
plant parameter and site parameter envelopes in Table C-1 of appendix C
of this part, and no new and significant information has been
identified for any of the issues identified as Category 1 and listed in
Table C-1, such that it would change the conclusions listed in the
table and further described in NUREG-2249.
(j) Actions related to renewed licenses under part 54 of this
chapter normally do not significantly affect the quality of the human
environment provided that:
(1) No substantial new circumstances or information has been
identified for any of the issues identified as Category 1 and listed in
Table B-1 of appendix B of this part, such that it would change the
conclusions listed in the table and further described in NUREG-1437,
Revision 2;
(2) Inadvertent radionuclide releases to groundwater have not
resulted in radionuclide concentrations onsite or offsite that exceed
drinking water maximum contaminant levels and there are no current or
ongoing inadvertent releases under investigation, and;
(3) For plants with cooling ponds, cooling pond water quality is
maintained such that the maximum contaminant levels for radionuclides
in drinking water have not been exceeded.
(k) Actions related to the possession of special nuclear material
for an activity at a permanent site that normally do not significantly
affect the quality of the human environment provided that (i) there are
no associated effluents that may be released offsite, or there is no
significant change in the types of or significant increase in the
amounts of effluents that may be released offsite, (ii) occupational
and public dose meets part 20 of this chapter limits, and (iii) any new
or increased possession limit for licensed material is of a physical
form that is not readily dispersible. This categorical exclusion would
not apply to actions related to enriched uranium processing,
fabrication of uranium fuel or fuel assemblies, uranium enrichment,
enriched uranium hexafluoride conversion, plutonium processing,
fabrication of mixed-oxide fuel or fuel assemblies, or scrap recovery
of special nuclear material.
[[Page 42110]]
(l) Actions under part 72 of this chapter, except decommissioning
actions under Sec. 72.54 of this chapter, related to the storage of
undamaged spent fuel or reactor related greater-than-class-C waste in a
dry cask independent spent fuel storage installation located within the
site boundary of an operating nuclear power plant or located at an
away-from-reactor decommissioned reactor site normally do not
significantly affect the quality of the human environment provided that
occupational and public dose meets part 20 of this chapter limits, real
individual dose meets Sec. 72.104 of this chapter limit, and
postulated accident dose meets Sec. 72.106 of this chapter limit.
Sec. 51.23 Environmental impacts of continued storage of spent
nuclear fuel beyond the licensed life for operation of a reactor.
(a) The Commission has generically determined that the
environmental impacts of continued storage of spent nuclear fuel beyond
the licensed life for operation of a reactor are those impacts
identified in NUREG-2157, ``Generic Environmental Impact Statement for
Continued Storage of Spent Nuclear Fuel.''
(b) Environmental reports or applicant-prepared draft environmental
documents are not required to discuss the environmental impacts of
spent nuclear fuel storage in a reactor facility storage pool or an
ISFSI for the period following the term of the reactor operating
license, reactor combined license, or ISFSI license. If the impacts of
continued storage of spent fuel are relevant to the proposed agency
action, then the impact determinations in NUREG-2157 regarding
continued storage shall be deemed incorporated into the environmental
documents. For the purposes of an environment assessment that relies on
the impact determinations in NUREG-2157, a SMALL impact determination
means that the impacts are not significant.
(c) This section does not alter any requirements to consider the
environmental impacts of spent fuel storage during the term of a
reactor operating license or combined license, or a license for an
ISFSI in a licensing proceeding.
Environmental Assessment
Sec. 51.30 Environmental assessment.
(a) The NRC will prepare an environmental assessment as soon as
practicable after determining that an environmental assessment is
required under Sec. 51.20 of this part.
(b) Other than an environmental assessment for a standard design
certification or a manufacturing license under part 52 or part 53 of
this chapter, as appropriate and to the extent required by the scope,
an environmental assessment will address the matters described in
Sec. Sec. 51.45, 51.51, 51.52, 51.60, 51.62, 51.75, 51.76, and 51.95
of this part, as applicable. For the purpose of providing evidence and
analysis for determining whether to prepare an environmental impact
statement or a finding of no significant impact, an environmental
assessment for proposed agency actions must identify the proposed
agency action and include:
(1) A brief discussion of:
(i) The purpose and need for the proposed agency action;
(ii) Alternatives to the extent required by NEPA; and
(iii) The reasonably foreseeable effects of the proposed agency
action and alternatives, as appropriate.
(c) An environmental assessment for a standard design certification
under subpart B of part 52 or part 53 of this chapter must identify the
proposed agency action, and will be limited to the consideration of the
costs and benefits of severe accident mitigation design alternatives
and the bases for not incorporating severe accident mitigation design
alternatives in the design certification. An environmental assessment
for an amendment to a design certification will be limited to the
consideration of whether the design change which is the subject of the
proposed amendment renders a severe accident mitigation design
alternative previously rejected in the earlier environmental assessment
to become cost beneficial, or results in the identification of new
severe accident mitigation design alternatives, in which case the costs
and benefits of new severe accident mitigation design alternatives and
the bases for not incorporating new severe accident mitigation design
alternatives in the design certification must be addressed.
(d) An environmental assessment for a manufacturing license under
subpart F of part 52 or part 53 of this chapter must identify the
proposed agency action, and will be limited to the consideration of the
costs and benefits of severe accident mitigation design alternatives
and the bases for not incorporating severe accident mitigation design
alternatives in the manufacturing license. An environmental assessment
for an amendment to a manufacturing license will be limited to
consideration of whether the design change which is the subject of the
proposed amendment either renders a severe accident mitigation design
alternative previously rejected in an environmental assessment to
become cost beneficial, or results in the identification of new severe
accident mitigation design alternatives, in which case the costs and
benefits of new severe accident mitigation design alternatives and the
bases for not incorporating new severe accident mitigation design
alternatives in the manufacturing license must be addressed. In either
case, the environmental assessment will not address the environmental
impacts associated with manufacturing the reactor under the
manufacturing license.
(e) An environmental assessment must not exceed 75 pages, not
including any citations or appendices.
(f) The NRC may, in certain circumstances (e.g., uncertain effects
or effects involving unique or unknown risks), issue a notice of intent
to prepare an environmental assessment and request public comment to
assist in preparation of an environmental assessment.
(g) The NRC may cooperate with State, Tribal, and local agencies
that are responsible for preparing environmental documents.
Sec. 51.31 Determinations based on environmental assessment.
(a) General. Upon completion of an environmental assessment for
proposed agency actions other than those involving a standard design
certification or a manufacturing license under part 52 or part 53 of
this chapter, the appropriate NRC staff director authorized to take the
action will determine whether to prepare an environmental impact
statement or a finding of no significant impact on the proposed agency
action.
(b) Standard design certification.
(1) The proposed rule involving the issuance or amendment of a
standard design certification must state that:
(i) The Commission has determined in Sec. 51.32 of this part that
there is no significant environmental impact associated with the
issuance of the standard design certification or its amendment, as
applicable; and
(ii) Comments on the environmental assessment will be limited to
the consideration of severe accident mitigation design alternative as
required by Sec. 51.30(c) of this part.
(2) The Commission will prepare a environmental assessment
following the close of the public comment period for the proposed
standard design certification.
(c) Manufacturing license. Upon completion of the environmental
assessment for actions involving issuance or amendment of a
manufacturing license (manufacturing license environmental assessment)
in
[[Page 42111]]
accordance with Sec. 51.30(d) of this part, the appropriate NRC staff
director will determine the costs and benefits of severe accident
mitigation design alternatives and the bases for not incorporating
severe accident mitigation design alternatives in the design of the
reactor to be manufactured under the manufacturing license.
Finding of No Significant Impact
Sec. 51.32 Finding of no significant impact.
(a) A finding of no significant impact will:
(1) Identify the proposed agency action;
(2) Describe the purpose and need for the proposed agency action
based on the NRC's substantive statutory authority;
(3) State that the Commission has determined not to prepare an
environmental impact statement for the proposed agency action;
(4) Document the reasons why the proposed agency action will not
have a significant effect on the quality of the human environment;
(5) Include the environmental assessment or a summary of the
environmental assessment in the finding of no significant impact. If
the assessment is included, the finding need not repeat any of the
discussion in the assessment but may incorporate it by reference;
(6) Identify any other related environmental documents;
(7) State that the finding and any related environmental documents
are available for public inspection and where the documents may be
inspected; and
(8) If applicable, state the authority for any mitigation that NRC
has adopted and any applicable monitoring or enforcement provisions. If
NRC finds no significant effects based on mitigation, the mitigated
finding of no significant impact will state any mitigation requirements
enforceable by the agency or voluntary mitigation commitments that will
be undertaken to avoid significant effects.
(b) The Commission finds that there is no significant environmental
impact associated with the issuance of:
(1) A standard design certification under subpart B of part 52 or
part 53 of this chapter;
(2) An amendment to a design certification;
(3) A manufacturing license under subpart F of part 52 or part 53
of this chapter; or
(4) An amendment to a manufacturing license.
(c) The finding of no significant impact will be prepared by the
NRC staff director authorized to take the action. Whenever the NRC
makes a finding of no significant impact on a proposed agency action,
the finding or a notice of availability of the finding will be
published in the Federal Register.
Environmental Reports and Information, and Applicant-Prepared Draft
Environmental Documents--Requirements Applicable to Applicants and
Petitioners for Rulemaking
General
Sec. 51.41 Requirement to submit environmental information.
The NRC may require an applicant for a permit, license, or other
form of permission, or amendment to or renewal of a permit, license or
other form of permission, or a petitioner for rulemaking to submit such
information to the NRC as may be useful in aiding the NRC in complying
with NEPA and with any other environmental statutory compliance
obligations it may have, under statutes, including but not limited to,
the Endangered Species Act, Magnuson-Stevens Fishery Conservation and
Management Act, National Historic Preservation Act, Clean Air Act,
Clean Water Act, National Marine Sanctuaries Act, and Marine Mammal
Protection Act. The Commission will independently evaluate and be
responsible for the reliability of any information which it uses.
Environmental Reports--General Requirements
Sec. 51.45 Environmental report and information.
(a) Unless the applicant or petitioner for rulemaking believes its
application or petition is subject to a categorical exclusion, each
applicant or petitioner for rulemaking must submit with its application
or petition for rulemaking one signed original of a separate document
entitled ``Applicant's'' or ``Petitioner's Environmental Report,'' as
appropriate. An applicant or petitioner for rulemaking may submit a
supplement to an environmental report at any time. Submittal of a
supplement to an environmental report would be grounds for extending
the NEPA deadlines in accordance with Sec. 51.15(a)(5) of this part.
(1) If the application is for an amendment to or a renewal of a
license or other form of permission for which the applicant has
previously submitted an environmental report, the supplement to the
applicant's environmental report may be limited to incorporating by
reference and updating or supplementing the information previously
submitted to reflect any significant new information, including any
significant environmental change resulting from operational experience
or a change in operations or proposed decommissioning activities. If
the applicant is a Federal agency, the environmental report may be in
the form of either an environmental impact statement or an
environmental assessment, as appropriate, provided that the submittal
includes all the information required for an environmental report.
(2) An environmental report or supplement to an environmental
report must contain environmental information necessary for the NRC to
prepare an environmental assessment in accordance with the procedures
in Sec. Sec. 51.30, 51.31, and 51.32 of this part, or an environmental
impact statement in accordance with the procedures in Sec. Sec. 51.70
and 51.71 of this part. An environmental report for a production and
utilization facility, other than environmental reports for standard
design certifications or manufacturing licenses under part 52 or part
53 of this chapter, must also address the matters specified in
Sec. Sec. 51.51, 51.52, 51.75, 51.76, and 51.95 of this part, as
applicable. An environmental report must also include information
relevant to NRC's statutory compliance obligations under statutes,
including but not limited to the Endangered Species Act, Magnuson-
Stevens Fishery Conservation and Management Act, National Historic
Preservation Act, Clean Air Act, Clean Water Act, National Marine
Sanctuaries Act, and Marine Mammal Protection Act.
(b) Applicants and petitioners for rulemaking who believe that a
categorical exclusion applies to their application or petition must
include in their application or petition a justification for the
application of a categorical exclusion. For categorical exclusions the
applicant or petitioner for rulemaking must provide the rationale and
bases for applying a categorical exclusion, including any supporting
analyses. A categorical exclusion under NEPA does not excuse the NRC
from other statutory consultations and responsibilities. Therefore, the
Commission may require an applicant for a permit, license, or other
form of permission, or amendment to or renewal of a permit, license, or
other form of permission, or a petitioner for rulemaking to submit such
information to the Commission as may be useful in aiding the Commission
in complying with other environmental statutes, including but not
limited to,
[[Page 42112]]
the Endangered Species Act, National Historic Preservation Act, Clean
Air Act, Clean Water Act, Magnuson-Stevens Fishery Conservation and
Management Act, National Marine Sanctuaries Act, and Marine Mammal
Protection Act.
(c) Each applicant for a standard design certification under
subpart B of part 52 or part 53 of this chapter must submit with its
application information that either justifies the categorical exclusion
in Sec. 51.22(f)(3) of this part by providing the rationale and bases
for concluding that the severe accident mitigation design alternatives
do not provide cost beneficial risk improvements, or addresses, in an
environmental report, the costs and benefits of severe accident
mitigation design alternatives, and the bases for not incorporating
severe accident mitigation design alternatives. If the application is
for an amendment to a design certification, the applicant must submit
information that either justifies the categorical exclusion in Sec.
51.22(f)(4) of this part by providing the rationale and bases for
concluding that no new severe accident mitigation design alternatives
to reasonably incorporate into the design are identified and previously
considered severe accident mitigation alternatives remain rejected, or
addresses, in a supplemental environmental report, whether the design
change which is the subject of the proposed amendment either renders a
severe accident mitigation design alternative previously rejected in an
environmental assessment to become cost beneficial, or results in the
identification of new severe accident mitigation design alternatives
that may be reasonably incorporated into the design certification.
(d) Each applicant for a manufacturing license under subpart F of
part 52 or part 53 of this chapter must submit with its application
information that either justifies the categorical exclusion in Sec.
51.22(f)(3) of this part by providing the rationale and bases for
concluding that the severe accident mitigation design alternatives do
not provide cost beneficial risk improvements, or addresses, in an
environmental report, the costs and benefits of severe accident
mitigation design alternatives, and the bases for not incorporating
severe accident mitigation design alternatives into the design of the
reactor to be manufactured. The environmental report need not address
the environmental impacts associated with manufacturing the reactor
under the manufacturing license, the benefits and impacts of utilizing
the reactor in a nuclear power plant, or an evaluation of alternative
energy sources. If the application is for an amendment to a
manufacturing license, the applicant must submit information that
either justifies the categorical exclusion in Sec. 51.22(f)(4) of this
part by providing the rationale and bases for concluding that no new
severe accident mitigation design alternatives to reasonably
incorporate into the design are identified and previously considered
severe accident mitigation alternatives remain rejected, or addresses,
in a supplemental environmental report, whether the design change which
is the subject of the proposed amendment either renders a severe
accident mitigation design alternative previously rejected in an
environmental assessment to become cost beneficial, or results in the
identification of new severe accident mitigation design alternatives
that may be reasonably incorporated into the design of the manufactured
reactor. The environmental report need not address the environmental
impacts associated with manufacturing the reactor under the
manufacturing license.
(e) Each applicant for a non-power production or utilization
construction permit or facility license, or renewal of a non-power
production or utilization facility license issued pursuant to Sec.
50.21(a) or (c) or Sec. 50.22 of this chapter must submit with its
application an environmental report in accordance with paragraph (a) of
this section. If the application is for a renewal of a license for
which the applicant has previously submitted an environmental report,
the supplement, to the extent applicable, must include an analysis of
any environmental impacts resulting from operational experience or a
change in operations, and an analysis of any environmental impacts that
may result from proposed decommissioning activities.
(f) The analyses for environmental reports submitted in accordance
with paragraph (a) of this section and the rationale and bases for
application of a categorical exclusion submitted in accordance with
paragraph (b) of this section for limited work authorizations,
construction permits, early site permits, operating licenses, combined
licenses, and materials licenses listed in Sec. 51.60(b) of this part
must, to the fullest extent practicable, quantify the various factors
considered. To the extent that there are important qualitative
considerations or factors that cannot be quantified, those
considerations or factors must be discussed in qualitative terms. The
environmental report should contain sufficient data to aid the
Commission in its development of an independent analysis.
(g) The submittals referenced in paragraph (a) of this section must
list all Federal permits, licenses, approvals and other entitlements
which must be obtained in connection with the proposed agency action,
and must describe the status of compliance with these requirements. The
environmental report must also include a discussion of the status of
compliance with applicable environmental quality standards and
requirements including, but not limited to, applicable zoning and land-
use regulations, and thermal and other water pollution limitations or
requirements which have been imposed by Federal, State, regional, and
local agencies having responsibility for environmental protection.
(h) The information submitted pursuant to this section should not
be confined to information supporting the proposed agency action or
application of a categorical exclusion but should also include adverse
information.
Applicant-Prepared Draft Environmental Documents--General Requirements
Sec. 51.46 Applicant-prepared draft environmental documents.
(a) In lieu of the environmental report required under Sec. Sec.
51.45(a), 51.60, and 51.62 of this part, in accordance with NEPA
section 107(f), the NRC may, at its discretion, authorize an applicant-
hired or petitioner-hired contractor to prepare a draft environmental
document, in whole or in part, under NRC supervision. A prospective
applicant or petitioner for rulemaking must submit a written notice
requesting participation in this process prior to beginning preparation
of an applicant-prepared draft environmental document or environmental
report.
The request must include the following commitments:
(1) The prospective applicant will hire a contractor, or
contractors, with qualifications or experience to prepare draft
environmental documents that meet the requirements of this part.
(2) The prospective applicant will ensure that the relevant
procurement documents specify that the draft environmental document
will meet the requirements of part 51 of this chapter and authorize the
NRC to conduct oversight of the preparation process.
(3) The prospective applicant will ensure the contractor, or
contractors, have no financial or other interest in the outcome of the
proposed agency action. A disclosure statement for the NRC-supervised
applicant-hired contractor's execution specifying that the contractor
has no financial or other interest in the
[[Page 42113]]
outcome of the action. Such statements need not include privileged or
confidential trade secrets or other confidential business information.
(4) The prospective applicant and their contractor(s) will
cooperate with the NRC's supervision of the preparation of the draft
environmental document and in meeting the schedule established by NRC,
including through timely submittal of information requested by the NRC.
(5) The prospective applicant and their contractor(s) will meet the
requirements of this part and comply with all other applicable
environmental laws, regulations, or executive orders under the NRC's
purview.
(b) The NRC will be responsible for the following:
(1) Determining the appropriate level of NEPA review.
(2) Providing supervision and guidance to the prospective applicant
and applicant-hired contractor.
(3) Conducting all consultations required under other environmental
statutes unless the NRC is authorized by law to permit the prospective
applicant or applicant-hired contractor to conduct all or part of a
required consultation, as appropriate, and the applicant accepts that
responsibility.
(4) Independently evaluating and taking responsibility for the
content, accuracy, and scope of the environmental document, including
by issuing any final determinations and the final agency decision on
the application.
(c) An applicant-prepared draft environmental document for the
construction permit stage or early site permit stage or combined
license stage of a light-water-cooled nuclear power reactor, must use
Table S-3, Table of Uranium Fuel Cycle Environmental Data, in Sec.
51.51 of this part as the basis for evaluating the contribution of the
environmental effects of uranium mining and milling, the production of
uranium hexafluoride, isotopic enrichment, fuel fabrication,
reprocessing of irradiated fuel, transportation of radioactive
materials and management of low-level wastes and high-level wastes
related to uranium fuel cycle activities to the environmental costs of
licensing the nuclear power reactor. Table S-3 must be included in the
applicant-prepared draft document and may be supplemented by a
discussion of the environmental effects of the data set forth in the
table as weighed in the analysis for the proposed facility.
(d) An applicant-prepared draft environmental document prepared for
the construction permit stage or early site permit stage or combined
license stage of a light-water-cooled nuclear power reactor, and
submitted after February 4, 1975, must contain a statement concerning
transportation of fuel and radioactive wastes to and from the reactor.
That statement must indicate that the reactor and this transportation
meet either all of the conditions in Sec. 51.52(a) of this part or all
of the conditions in Sec. 51.52(b) of this part.
(e) The NRC may terminate the process described in this section at
any time if it determines that the applicant or applicant-hired
contractor is failing to meet commitments. The NRC will provide notice
at least 30 days in advance of any reasons for the potential
termination of this process and opportunities for the applicant to
resolve the matter that will allow the NRC to meet its obligations
(e.g., proposing an appropriate schedule extension, providing needed
information, requesting that NRC staff complete the environmental
document).
(f) The NRC will independently evaluate the draft environmental
document, take responsibility for its contents and findings, and decide
whether to issue the environmental document as final. The NRC may
choose in its discretion to accept, edit, revise, or independently
author sections of the environmental document or the whole document.
Environmental Reports--Production And Utilization Facilities
Sec. 51.51 Uranium fuel cycle environmental data--Table S-3.
(a) Every environmental report submitted in accordance with Sec.
51.45(a) of this part for the construction permit stage or early site
permit stage or combined license stage of a light-water-cooled nuclear
power reactor, must take Table S-3, Table of Uranium Fuel Cycle
Environmental Data, as the basis for evaluating the contribution of the
environmental effects of uranium mining and milling, the production of
uranium hexafluoride, isotopic enrichment, fuel fabrication,
reprocessing of irradiated fuel, transportation of radioactive
materials and management of low-level wastes and high-level wastes
related to uranium fuel cycle activities to the environmental costs of
licensing the nuclear power reactor. Table S-3 must be included in the
environmental report submitted in accordance with Sec. 51.45(a) of
this part and may be supplemented by a discussion of the environmental
effects of the data set forth in the table as weighed in the analysis
for the proposed facility.
(b) Table S-3.
Table S-3--Table of Uranium Fuel Cycle Environmental Data \1\
[Normalized to model LWR annual fuel requirement [WASH-1248] or reference reactor year [NUREG-0116]]
----------------------------------------------------------------------------------------------------------------
Maximum effect per annual fuel requirement or reference
Environmental considerations Total reactor year of model 1,000 MWe LWR
----------------------------------------------------------------------------------------------------------------
Effluents--Chemical (MT)
----------------------------------------------------------------------------------------------------------------
Other gases:
F............................... .67 Principally from UF6, production, enrichment, and
reprocessing. Concentration within range of state
standards--below level that has effects on human health.
HCl............................. .014 ..........................................................
Liquids:............................ .............. ..........................................................
SO-4................................ 9.9 From enrichment, fuel fabrication, and reprocessing steps.
Components that constitute a potential for adverse
environmental effect are present in dilute concentrations
and receive additional dilution by receiving bodies of
water to levels below permissible standards. The
constituents that require dilution and the flow of
dilution water are: NH3--600 cfs., NO3--20 cfs.,
Fluoride--70 cfs.
NO-3............................ 25.8
Fluoride........................ 12.9
CA\+\........................... 5.4
C1-............................. 8.5
Na \+\.......................... 12.1
[[Page 42114]]
NH3............................. 10.0
Fe.............................. .4 ..........................................................
Tailings Solutions (thousands of MT) 240 From mills only--no significant effluents to environment.
Solids.............................. 91,000 Principally from mills--no significant effluents to
environment.
----------------------------------------------------------------------------------------------------------------
Effluents--Radiological (curies)
----------------------------------------------------------------------------------------------------------------
Gases (including entrainment):
Rn-222.......................... .............. Presently under reconsideration by the Commission.
Ra-226.......................... .02 ..........................................................
Th-230.......................... .02 ..........................................................
Uranium......................... .034 ..........................................................
Tritium (thousands)............. 18.1 ..........................................................
C-14............................ 24 ..........................................................
Kr-85 (thousands)............... 400 ..........................................................
Ru-106.......................... .14 Principally from fuel reprocessing plants.
I-129........................... 1.3 ..........................................................
I-131........................... .83 ..........................................................
Tc-99........................... .............. Presently under consideration by the Commission.
Fission products and transuranics... .203 ..........................................................
Liquids:
Uranium and daughters........... 2.1 Principally from milling--included tailings liquor and
returned to ground--no effluents; therefore, no effect on
environment.
Ra-226.......................... .0034 From UF6 production.
Th-230.......................... .0015 ..........................................................
Th-234.......................... .01 From fuel fabrication plants--concentration 10 percent of
10 CFR part 20 for total processing 26 annual fuel
requirements for model LWR.
Fission and activation product...... 5.9 x 10-6 ..........................................................
Solids (buried on site):
Other than high level (shallow). 11,300 9,100 Ci comes from low level reactor wastes and 1,500 Ci
comes from reactor decontamination and decommissioning--
buried at land burial facilities. 600 Ci comes from
mills--included in tailings returned to ground.
Approximately 60 Ci comes from conversion and spent fuel
storage. No significant effluent to the environment.
TRU and HLW (deep).................. 1.1 x 10\7\ Buried at Federal Repository.
Transportation (person-rem):
Exposure of workers and general 2.5 ..........................................................
public.
Occupational exposure (person- 22.6 From reprocessing and waste management.
rem).
----------------------------------------------------------------------------------------------------------------
\1\ Table S-3 does not include health effects from the effluents described in the Table, or estimates of
releases of Radon-222 from the uranium fuel cycle or estimates of Technetium-99 released from waste management
or reprocessing activities. These issues may be the subject of litigation in the individual licensing
proceedings.
Data supporting this table are given in the ``Environmental Survey of the Uranium Fuel Cycle,'' WASH-1248, April
1974; the ``Environmental Survey of the Reprocessing and Waste Management Portion of the LWR Fuel Cycle,''
NUREG-0116 (Supp.1 to WASH-1248); the ``Public Comments and Task Force Responses Regarding the Environmental
Survey of the Reprocessing and Waste Management Portions of the LWR Fuel Cycle,'' NUREG-0216 (Supp. 2 to WASH-
1248); and in the record of the final rulemaking pertaining to Uranium Fuel Cycle Impacts from Spent Fuel
Reprocessing and Radioactive Waste Management, Docket RM-50-3. The contributions from reprocessing, waste
management and transportation of wastes are maximized for either of the two fuel cycles (uranium only and no
recycle). The contribution from transportation excludes transportation of cold fuel to a reactor and of
irradiated fuel and radioactive wastes from a reactor which are considered in Table S-4 of Sec. 51.20(g) of
this part. The contributions from the other steps of the fuel cycle are given in columns A-E of Table S-3A of
WASH-1248.
Sec. 51.52 Environmental effects of transportation of fuel and
waste--Table S-4.
Every environmental report submitted in accordance with Sec.
51.45(a) of this part prepared for the construction permit stage or
early site permit stage or combined license stage of a light-water-
cooled nuclear power reactor, and submitted after February 4, 1975,
must contain a statement concerning transportation of fuel and
radioactive wastes to and from the reactor. That statement must
indicate that the reactor and this transportation meet either all of
the conditions in paragraph (a) of this section or all of the
conditions of paragraph (b) of this section.
(a)(1) The reactor has a core thermal power level not exceeding
3,800 megawatts;
(2) The reactor fuel is in the form of sintered uranium dioxide
pellets having a uranium-235 enrichment not exceeding 4% by weight, and
the pellets are encapsulated in zircaloy rods;
(3) The average level of irradiation of the irradiated fuel from
the reactor does not exceed 33,000 megawatt-days per metric ton, and no
irradiated fuel assembly is shipped until at least 90 days after it is
discharged from the reactor;
(4) With the exception of irradiated fuel, all radioactive waste
shipped from the reactor is packaged and in a solid form;
(5) Unirradiated fuel is shipped to the reactor by truck;
irradiated fuel is shipped from the reactor by truck, rail, or barge;
and radioactive waste other than irradiated fuel is shipped from the
reactor by truck or rail; and
(6) The environmental impacts of transportation of fuel and waste
to and
[[Page 42115]]
from the reactor, with respect to normal conditions of transport and
possible accidents in transport, are as set forth in Summary Table S-4
in paragraph (c) of this section; and the values in the table represent
the contribution of the transportation to the environmental costs of
licensing the reactor.
(b) For reactors not meeting the conditions of paragraph (a) of
this section, the statement must contain a full description and
detailed analysis of the environmental effects of transportation of
fuel and wastes to and from the reactor, including values for the
environmental impact under normal conditions of transport and for the
environmental risk from accidents in transport. The statement must
indicate that the values determined by the analysis represent the
contribution of such effects to the environmental costs of licensing
the reactor.
(c) Table S-4.
Summary Table S-4--Environmental Impact of Transportation of Fuel and Waste To and From One Light-Water-Cooled
Nuclear Power Reactor \1\
[Normal Conditions of Transport]
----------------------------------------------------------------------------------------------------------------
Estimated
number of Range of doses to exposed Cumulative dose to Exposed
Exposed population persons individuals \2\ (per population (per reactor
exposed reactor year) year) \3\
----------------------------------------------------------------------------------------------------------------
Transportation workers.................. 200 0.01 to 300 millirem...... 4 man-rem.
General public:
Onlookers............................... 1,100 0.003 to 1.3 millirem..... 3 man-rem.
Along Route............................. 600,000 0.0001 to 0.06 millirem...
----------------------------------------------------------------------------------------------------------------
Types of Effects: Radiological Effects
Environmental Risk: Small \4\
\1\ Data supporting this table are given in the Commission's ``Environmental Survey of Transportation of
Radioactive Materials to and from Nuclear Power Plants,'' WASH-1238, December 1972; and Supp. 1 of NUREG-75/
038, April 1975. Both documents are available for electronic access at the NRC's Publicly Available Records
System Library at https://www.nrc.gov/reading-rm/adams.
\2\ The Federal Radiation Council has recommended that the radiation doses from all sources of radiation other
than natural background and medical exposures should be limited to 5,000 millirem per year for individuals as
a result of occupational exposure and should be limited to 500 millirem per year for individuals in the
general population. The dose to individuals due to average natural background radiation is about 130 millirem
per year.
\3\ Man-rem is an expression for the summation of whole body doses to individuals in a group. Thus, if each
member of a population group of 1,000 people were to receive a dose of 0.001 rem (1 millirem), or if 2 people
were to receive a dose of 0.5 rem (500 millirem) each, the total man-rem dose in each case would be 1 man-rem.
\4\ Although the environmental risk of radiological effects stemming from transportation accidents is currently
incapable of being numerically quantified, the risk remains small regardless of whether it is being applied to
a single reactor or a multireactor site.
Environmental Reports--Materials Licenses
Sec. 51.60 Environmental report--materials licenses.
(a) Each applicant for a license or other form of permission, or an
amendment to or renewal of a license or other form of permission issued
pursuant to parts 30, 32, 33, 34, 35, 36, 39, 40, 61, 70 and/or 72 of
this chapter, and covered by paragraphs (b)(1) through (b)(5) of this
section, must submit with its application an environmental report in
accordance with the procedures in Sec. 51.45(a) of this part, unless a
categorical exclusion is applicable. Information to justify the
applicability of a categorical exclusion must be submitted to the NRC
in accordance with Sec. 51.45(b) of this part.
(b) As required by paragraph (a) of this section, each applicant
must prepare an environmental report for the following types of
actions, unless the action qualifies for a categorical exclusion:
(1) Issuance or renewal of a license or other form of permission
for:
(i) Possession and use of special nuclear material for processing
and fuel fabrication, scrap recovery, or conversion of uranium
hexafluoride pursuant to part 70 of this chapter.
(ii) Possession and use of source material for uranium milling or
production of uranium hexafluoride pursuant to part 40 of this chapter.
(iii) Storage of spent fuel in an independent spent fuel storage
installation (ISFSI) or the storage of spent fuel or high-level
radioactive waste in a monitored retrievable storage installation (MRS)
pursuant to part 72 of this chapter.
(iv) Receipt and disposal of radioactive waste from other persons
pursuant to part 61 of this chapter.
(v) Processing of source material for extraction of rare earth and
other metals.
(vi) Use of radioactive tracers in field flood studies involving
secondary and tertiary oil and gas recovery.
(vii) Construction and operation of a uranium enrichment facility.
(2) Issuance of an amendment that would authorize or result in
(i) A significant expansion of a site,
(ii) A significant change in the types of effluents,
(iii) A significant increase in the amounts of effluents,
(iv) A significant increase in individual or cumulative
occupational radiation exposure,
(v) A significant increase in the potential for or consequences
from radiological accidents, or
(vi) A significant increase in spent fuel storage capacity, in a
license or other form of permission to conduct an activity listed in
paragraph (b)(1) of this section.
(3) Amendment of a license to authorize the decommissioning of an
independent spent fuel storage installation (ISFSI) or a monitored
retrievable storage installation (MRS) pursuant to part 72 of this
chapter.
(4) Issuance of a license amendment pursuant to part 61 of this
chapter authorizing
(i) Closure of a land disposal site,
(ii) Transfer of the license to the disposal site owner for the
purpose of institutional control, or
(iii) Termination of the license at the end of the institutional
control period.
(5) Any other licensing action for which the Commission determines
an environmental report is necessary.
(c) Petitioners for rulemaking requesting amendments of parts 30,
31, 32, 33, 34, 35, 36, 39, 40 or part 70 of this chapter concerning
the exemption from licensing and regulatory requirements of or
authorizing general licenses for any equipment, device,
[[Page 42116]]
commodity or other product containing byproduct material, source
material or special nuclear material must submit with the petition a
separate document entitled ``Petitioner's Environmental Report,'' in
accordance with Sec. 51.45(a) of this part, unless a categorical
exclusion is applicable. Information to justify the applicability of a
categorical exclusion must be submitted to the NRC in accordance with
Sec. 51.45(b) of this part.
(d) The environmental report for an application for a license for
storage of spent fuel in an ISFSI or for the storage of spent fuel and
high-level radioactive waste in an MRS pursuant to part 72 of this
chapter must contain the information specified in Sec. 51.45(a) of
this part and must address the siting evaluation factors contained in
subpart E of part 72 of this chapter.
Sec. 51.62 Environmental report--land disposal of radioactive waste
licensed under 10 CFR part 61.
(a) Each applicant for issuance of a license for land disposal of
radioactive waste pursuant to part 61 of this chapter must submit with
its application an environmental report in accordance with Sec.
51.45(a) of this part. The environmental report and any supplement to
the environmental report may incorporate by reference information
contained in the application or in any previous application, statement
or report filed with the Commission provided that such references are
clear and specific and that copies of the information so incorporated
are available at the NRC website, http://www.nrc.gov, and/or at the NRC
Public Document Room.
(b) The environmental report must contain the information specified
in Sec. 51.45(a) of this part, must address the applicant's
environmental monitoring program required by Sec. Sec. 61.12(l), 61.53
and 61.59(b) of this chapter, and must be as complete as possible in
the light of information that is available at the time the
environmental report is submitted.
(c) The applicant must supplement the environmental report in a
timely manner as necessary to permit the Commission to review, prior to
issuance, amendment or renewal of a license, new information regarding
the environmental impact of previously proposed activities, information
regarding the environmental impact of any changes in previously
proposed activities, or any significant new information regarding the
environmental impact of closure activities and long-term performance of
the disposal site.
Sec. 51.67 Environmental information concerning geologic
repositories.
(a) In lieu of an environmental report, the Department of Energy,
as an applicant for a license or license amendment pursuant to part 60
or part 63 of this chapter, shall submit to the Commission any final
environmental impact statement which the Department of Energy prepares
in connection with any geologic repository developed under Subtitle A
of Title I, or under Title IV, of the Nuclear Waste Policy Act of 1982,
as amended. (See Sec. 60.22 or Sec. 63.22 of this chapter as to the
required time and manner of submission.) The statement shall include,
among the alternatives under consideration, denial of a license or
construction authorization by the Commission.
(b) Under applicable provisions of law, the Department of Energy
may be required to supplement its final environmental impact statement
if it makes a substantial change in its proposed action that is
relevant to environmental concerns or determines that there are
substantial new circumstances or information relevant to environmental
concerns and bearing on the proposed action or its impacts. The
Department shall submit any supplement to its final environmental
impact statement to the Commission. (See Sec. 60.22 or Sec. 63.22 of
this chapter as to the required time and manner of submission.)
(c) Whenever the Department of Energy submits a final environmental
impact statement, or a final supplement to an environmental impact
statement, to the Commission pursuant to this section, it shall also
inform the Commission of the status of any civil action for judicial
review initiated pursuant to Sec. 119 of the Nuclear Waste Policy Act
of 1982. This status report, which the Department shall update from
time to time to reflect changes in status, shall:
(1) State whether the environmental impact statement has been found
by the courts of the United States to be adequate or inadequate; and
(2) Identify any issues relating to the adequacy of the
environmental impact statement that may remain subject to judicial
review.
Environmental Impact Statements--General Requirements
Sec. 51.70 Environmental impact statements--general.
(a) The NRC will publish a notice of intent to prepare an
environmental impact statement in the Federal Register as soon as
practicable after determining that preparation of an environmental
impact statement is required under Sec. 51.20 of this part. The notice
of intent will include a request for public comment on alternatives or
impacts and on relevant information, studies, or analyses with respect
to the proposed agency action. The NRC will prepare an environmental
impact statement as soon as practicable after publication of the notice
of intent to prepare an environmental impact statement. The NRC may, in
certain circumstances (e.g., uncertain effects or effects involving
unique or unknown risks), request additional public comment to assist
in preparation of an environmental impact statement.
(b) Except as provided in paragraph (c) of this section, an
environmental impact statement must not exceed 150 pages, not including
citations or appendices.
(c) An environmental impact statement for a proposed agency action
of extraordinary complexity must not exceed 300 pages, not including
any citations or appendices.
(d) The NRC may cooperate with State, Tribal, and local agencies
that are responsible for preparing environmental impact statements.
Sec. 51.71 Environmental impact statements--contents.
(a) As appropriate, the environmental impact statement will address
the topics in paragraphs (b), (c), (d), (e) and (f) of this section and
the matters specified in Sec. Sec. 51.45, 51.51, 51.52, 51.60, 51.62,
51.75, 51.76, and 51.95, as applicable.
(b) The environmental impact statement will include a description
of the proposed agency action and a discussion of the purpose and need
for the proposed agency action. The statement will also include a
description of the environment affected and discuss:
(1) Reasonably foreseeable environmental effects of the proposed
agency action. Effects will be discussed in proportion to their
significance;
(2) Any reasonably foreseeable adverse environmental effects which
cannot be avoided should the proposal be implemented;
(3) A reasonable range of alternatives to the proposed agency
action, including an analysis of any adverse environmental impacts of
not implementing the proposed agency action in the case of a no action
alternative, that are technically and economically feasible and meet
the purpose and need of the proposed agency action;
(4) The relationship between local short-term uses of man's
environment
[[Page 42117]]
and the maintenance and enhancement of long-term productivity;
(5) Any irreversible and irretrievable commitments of Federal
resources which would be involved in the proposed agency action should
it be implemented; and
(6) Any means identified to mitigate adverse environmental effects
of the proposed agency action.
(c) While satisfaction of Commission standards and criteria
pertaining to radiological effects will be necessary to meet the
licensing requirements of the Atomic Energy Act, the analysis will, for
the purposes of NEPA, consider the radiological effects of the proposed
agency action and alternatives.
(d) Environmental impact statements will be analytic, concise, and
no longer than necessary to comply with NEPA in light of the page
limits under Sec. 51.70 of this part and deadlines under Sec. 51.15
of this part. With respect to issues that are not of a significant
nature and do not meaningfully inform the consideration of
environmental effects and the resulting decision on how to proceed,
there will be no more than a brief discussion to explain why those
issues are not significant and therefore not analyzed further.
(e) The analysis for all environmental impact statements will, to
the fullest extent practicable, quantify the various factors
considered. To the extent that there are important qualitative
considerations or factors that cannot be quantified, these
considerations or factors will be discussed in qualitative terms.
(f) To the extent sufficient information is available, the
environmental impact statement will include consideration of major
points of view concerning the reasonably foreseeable environmental
effects of the proposed agency action and the alternatives, and contain
an analysis of substantive issues and objections raised by other
Federal, State, Tribal, and local agencies and interested persons.
Environmental Documents--Production and Utilization Facilities
Sec. 51.75 Environmental Documents--construction permit, early site
permit, or combined license.
(a) Construction permit stage. If an environmental document is
required under Sec. 51.20 of this part in connection with issuance of
a construction permit for a production or utilization facility, the
environmental document must meet the requirements of this paragraph.
The contribution of the environmental effects of the uranium fuel cycle
activities specified in Sec. 51.51 of this part must be evaluated on
the basis of impact values set forth in Table S-3, Table of Uranium
Fuel Cycle Environmental Data, which must be set out in the
environmental document. With the exception of radon-222 and technetium-
99 releases, no further discussion of fuel cycle release values and
other numerical data that appear explicitly in the table shall be
required.\1\ The environmental document must take account of dose
commitments and health effects from fuel cycle effluents set forth in
Table S-3 and other fuel cycle impacts within the NRC's statutory
authority as may reasonably appear significant. The environmental
document will also consider the applicant's procedures for reporting
and keeping records of environmental data, and any conditions and
monitoring requirements for protecting the non-aquatic environment,
that will be included in the license as environmental conditions in
accordance with Sec. 50.36b of this chapter. For non-light-water
reactors as defined in Sec. 50.2 of this chapter, the environmental
document must contain the basis for evaluating the contribution of the
environmental effects of fuel cycle activities for the nuclear reactor.
(b) Early site permit stage. If an environmental document is
required under Sec. 51.20 of this part in connection with issuance of
an early site permit for a production or utilization facility, the
environmental document must meet the requirements of this paragraph.
The contribution of the environmental effects of the uranium fuel cycle
activities specified in Sec. 51.51 of this part must be evaluated on
the basis of impact values set forth in Table S-3, Table of Uranium
Fuel Cycle Environmental Data, which must be set out in the
environmental document. With the exception of radon-222 and technetium-
99 releases, no further discussion of fuel cycle release values and
other numerical data that appear explicitly in the table must be
required.\1\ The environmental document must take account of dose
commitments and health effects from fuel cycle effluents set forth in
Table S-3 and other fuel cycle impacts within the NRC's statutory
authority as may reasonably appear significant. The environmental
document must also include an evaluation of the environmental effects
of construction and operation of a reactor, or reactors, which have
design characteristics that fall within the site characteristics and
design parameters for the early site permit application, but only to
the extent addressed in the early site permit environmental report. For
other than light-water-cooled nuclear power reactors, the environmental
document will address the basis for evaluating the contribution of the
environmental effects of fuel cycle activities for the nuclear power
reactor. The environmental document will also consider the applicant's
procedures for reporting and keeping records of environmental data, and
any conditions and monitoring requirements for protecting the non-
aquatic environment, that will be included in the license as
environmental conditions in accordance with Sec. 50.36b of this
chapter.
(c) Combined license stage. If an environmental document is
required under Sec. 51.20 of this part in connection with issuance of
a combined license that does not reference an early site permit, the
environmental document must meet the requirements of this paragraph.
The contribution of the environmental effects of the uranium fuel cycle
activities specified in Sec. 51.51 of this part must be evaluated on
the basis of impact values set forth in Table S-3, Table of Uranium
Fuel Cycle Environmental Data, which shall be set out in the
environmental document. With the exception of radon-222 and technetium-
99 releases, no further discussion of fuel cycle release values and
other numerical data that appear explicitly in the table must be
required.\1\ The environmental document must take account of dose
commitments and health effects from fuel cycle effluents set forth in
Table S-3 and other fuel cycle impacts within the NRC's statutory
authority as may reasonably appear significant.
(1) Combined license application referencing an early site permit.
If the combined license application references an early site permit,
then the environmental document must be prepared as a supplement to the
early site permit environmental document. The supplement must be
prepared in accordance with Sec. 51.92 of this part. The environmental
document need not address information or analyses contained in the
environmental report the applicant submitted to the NRC for the early
site permit stage or resolved in the Commission's early site permit
environmental document, but will address, in addition to the
environmental information and analyses otherwise required in this part:
(i) Information to demonstrate that the design of the facility
falls within the site characteristics and design parameters specified
in the early site permit;
(ii) Information to resolve any significant environmental issue
that was not resolved in the early site permit proceeding;
(iii) Any new and significant information for issues related to the
impacts of construction and operation of
[[Page 42118]]
the facility that were resolved in the early site permit proceeding;
(iv) The process used to identify new and significant information
regarding the conclusions in the early site permit environmental
document. The process must use a reasonable methodology for identifying
such new and significant information; and
(v) Whether all environmental terms and conditions that have been
included in the early site permit will be satisfied by the applicant by
the date of issuance of the combined license. Any terms or conditions
of the early site permit that could not be met by the applicant by the
time of issuance of the combined license must be set forth as terms or
conditions of the combined license.
(2) Combined license application referencing a standard design
certification. If the combined license application references a
standard design certification and the site characteristics of the
combined license's site fall within the site parameters specified in
the design certification environmental assessment or a standard design
certification that was categorically excluded in accordance with Sec.
51.22 of this part, then the combined license environmental document
must incorporate by reference the design certification environmental
assessment, and summarize the findings and conclusions of the
environmental assessment with respect to severe accident mitigation
design alternatives, or must incorporate by reference the categorically
excluded standard design certification, respectively.
(3) Combined license application referencing a manufactured
reactor. If the combined license application proposes to use a
manufactured reactor and the site characteristics of the combined
license's site fall within the site parameters specified in the
manufacturing license environmental assessment or a manufactured
reactor that was categorically excluded in accordance with Sec. 51.22
of this part, then the combined license environmental document must
incorporate by reference the manufacturing license environmental
assessment, and summarize the findings and conclusions of the
environmental assessment with respect to severe accident mitigation
design alternatives, or must incorporate by reference the categorically
excluded manufacturing license, respectively. The combined license
environmental document will not address the environmental impacts
associated with manufacturing the reactor under the manufacturing
license.
(d) Construction permit, early site permit, or combined license for
a nuclear reactor. If an environmental document being prepared in
accordance with paragraph (a), (b), or (c) of this section relies upon,
or if the applicant's environmental report relied upon the findings of
one or more of the issues identified as Category 1 issues in appendix C
of this part, the environmental document must be prepared as a
supplement to NUREG-2249, ``Generic Environmental Impact Statement for
Licensing of New Nuclear Reactors.'' The supplemental environmental
document will incorporate the conclusions in NUREG-2249 for issues
identified as Category 1 for which the applicant has demonstrated that
the applicable values and assumptions have been met and for which
neither the applicant nor the NRC identified any new and significant
information. The supplemental environmental document must contain an
analysis for those issues identified as Category 1 for which the
applicant could not demonstrate that the applicable values and
assumptions were met or for which any new and significant information
was identified by the applicant or the NRC, and for any issues
identified as Category 2. The supplemental environmental document will
consider alternatives for reducing adverse environmental impacts for
all issues identified as Category 1 issues in appendix C of this part
for which the applicant does not provide the information specified in
this paragraph, and for any issues identified as Category 2 issues in
appendix C of this part. No such consideration is required for Category
1 issues in appendix C of this part that meet the applicable values and
assumptions as specified in this paragraph. The supplemental
environmental document will describe the process used to identify new
and significant information regarding the issues identified as Category
1 issues in appendix C of this part for which the applicant relied on
the findings for those issues.
(e) Construction permit, early site permit, or combined license for
a nuclear reactor. In connection with:
(1) A construction permit, an early site permit, or a combined
license that does not reference an early site permit for a nuclear
reactor, as defined in Sec. 50.2 of this chapter, and for which the
NRC relied on any of the findings in appendix C of this part in
preparing a supplemental environmental document in accordance with
Sec. 51.75(d) of this section, the supplemental environmental document
must include a recommendation regarding the environmental acceptability
of approving the construction permit, the early site permit, or the
combined license. Recommendations and the final decision on the
proposed agency action must integrate:
(i) The conclusions in NUREG-2249 for issues designated as Category
1 for which the applicant has demonstrated that the applicable values
and assumptions have been met and for which neither the applicant nor
the NRC identified any new and significant information.
(ii) Information developed for those Category 1 issues for which
the applicant could not demonstrate that the applicable values and
assumptions were met and those Category 2 issues applicable to the
plant and any new and significant information.
(2) A combined license that references an early site permit for
which the environmental document for that early site permit relied on
any of the findings in appendix C of this part, the environmental
document must be prepared as a supplement to the environmental document
for the early site permit. The supplement for the combined license must
meet the requirements of Sec. 51.92 of this part and must be
considered a supplement to NUREG-2249.
(3) The issuance of an operating license for which the NRC relied
on any of the findings in appendix C of this part in preparing the
supplemental environmental document for the construction permit for
that nuclear reactor, the environmental document must be prepared as a
supplement to the environmental document for the construction permit.
The supplement must meet the requirements of Sec. 51.95(b) of this
part and must be considered a supplement to NUREG-2249.
\1\ Values for releases of Rn-222 and Tc-99 are not given in the
table. The amount and significance of Rn-222 releases from the fuel
cycle and Tc-99 releases from waste management or reprocessing
activities shall be considered in the environmental document and may
be the subject of litigation in individual licensing proceedings.
Sec. 51.76 Environmental documents--limited work authorization.
An environmental document prepared in connection with issuance of a
limited work authorization must meet the requirements in the following
paragraphs.
(a) Limited work authorization submitted as part of complete
construction permit or combined license application. If the application
for a limited work authorization is submitted as part of a complete
construction permit or combined license application,
[[Page 42119]]
then the NRC will prepare a single environmental document addressing
both the limited work authorization and the construction permit or
combined license application in accordance with Sec. 51.75(a) or (c)
of this part, as applicable. The environmental document will also
address the activities the applicant proposes to be conducted under the
limited work authorization.
(b) Phased application for limited work authorization under Sec.
2.101(a)(9) of this chapter. If the application for a limited work
authorization is submitted in accordance with Sec. 2.101(a)(9) of this
chapter, then the environmental document for part one of the
application may be limited to consideration of the activities proposed
to be conducted under the limited work authorization and the proposed
redress plan. If either part of the application relies on any of the
findings in appendix C of this part in its environmental report, then
the environmental document for part one may implement the process in
Sec. 51.75(d) of this part to determine whether it can rely on any of
the findings in appendix C of this part. Siting issues, including
issues related to operation of the proposed nuclear power plant at the
site, may not be considered unless included as part of the application
in accordance with Sec. 2.101(a)(9)(ii)(a-1) of this chapter. After
part two of the application is docketed, the NRC will prepare an
environmental document for part two of the application in accordance
with Sec. 51.75(a) or (c) of this part, as applicable. No updating of
the information contained in the environmental document prepared for
part one is necessary in preparation of the environmental document
prepared for part two.
(1) For part one of the application, the statutory deadline
provided in Sec. 51.15 of this part will start upon NRC acceptance for
docketing of part one of the application.
(2) For part two of the application, the statutory deadline
provided in Sec. 51.15 of this part will start upon NRC acceptance for
docketing of part two of the application.
(c) Limited work authorization submitted as part of an early site
permit application. If the application for a limited work authorization
is submitted as part of an application for an early site permit, then
the NRC will prepare an environmental document in accordance with Sec.
51.75(b) of this part. However, the analysis must also address the
activities proposed to be conducted under the limited work
authorization.
(d) Limited work authorization request submitted by an early site
permit holder. If the application for a limited work authorization is
submitted by a holder of an early site permit, then the NRC will
prepare a supplement to the environmental document for the early site
permit, if appropriate.
(e) Limited work authorization for a site where an environmental
document was prepared, but the facility construction was not completed.
If the limited work authorization is for activities to be conducted at
a site for which the NRC has previously prepared an environmental
document for the construction and operation of a nuclear power plant,
and a construction permit was issued but construction of the plant was
not completed, then the environmental document must incorporate by
reference the earlier environmental document. The environmental
document must be limited to a consideration of whether there is
significant new information with respect to the environmental impacts
of construction, relevant to the activities to be conducted under the
limited work authority, so that the conclusion of the referenced
environmental document on the impacts of construction would, when
analyzed in accordance with Sec. 51.71 of this part, lead to the
conclusion that the limited work authorization should not be issued or
should be issued with appropriate conditions.
(f) Environmental document. An environmental document prepared
under this section must separately evaluate the environmental impacts
and proposed alternatives attributable to the activities proposed to be
conducted under the limited work authorization. However, if the
``Applicant's Environmental Report--Limited Work Authorization Stage''
or ``Applicant-prepared Draft Environmental Document--Limited Work
Authorization Stage,'' also contains the information described in Sec.
51.75 of this part, then the environmental document may also address
the impacts of construction and operation for the proposed facility
(including the environmental impacts attributable to the limited work
authorization) in accordance with Sec. 51.71, and Sec. 51.75(a) or
(c) of this part, as applicable. For any environmental document
prepared under this section, if the applicant's environmental report or
applicant-prepared draft environmental document relied upon the
findings of one or more of the issues identified as Category 1 issues
in appendix C of this part, the environmental document must be prepared
as a supplement to NUREG-2249, ``Generic Environmental Impact Statement
for Licensing of New Nuclear Reactors.'' The supplemental environmental
document will incorporate the conclusions in NUREG-2249 for issues
identified as Category 1 for which the applicant has demonstrated that
the applicable values and assumptions have been met and for which
neither the applicant nor the NRC identified any new and significant
information. The supplemental document must contain an analysis for
those issues identified as Category 1 for which the applicant could not
demonstrate that the applicable values and assumptions were met or for
which any new and significant information was identified by the
applicant or the NRC, and for any issues identified as Category 2.
Sec. 51.92 Supplement to the environmental document.
If the proposed agency action has not been taken, a supplement to
an environmental document is required if:
(a) There are substantial changes in the proposed agency action
that are relevant to environmental effects; or
(b) The NRC decides, in its discretion, that there are substantial
new circumstances or information about the significance of the adverse
effects that bear on the proposed agency action or its effects.
Sec. 51.95 Postconstruction environmental document.
(a) General. An environmental document prepared under the
provisions of this section may incorporate by reference any information
contained in a previous environmental document that relates to the same
production or utilization facility. Documents that may be referenced
include, but are not limited to, the final environmental impact
statement; supplements to the final environmental impact statement,
including supplements prepared at the operating license stage; final
generic environmental impact statements; environmental assessments and
records of decision prepared in connection with the construction
permit, the operating license, the early site permit, or the combined
license and any license amendment for that facility.
(b) Initial operating license stage. In connection with the
issuance of an operating license for a production or utilization
facility, the environmental document must be a supplement to the final
environmental document on the construction permit for that facility,
which will update the prior environmental review. The supplement will
only cover matters that differ from the final environmental document or
[[Page 42120]]
that reflect significant new information concerning matters discussed
in the final environmental document.
(c) Operating license renewal stage. In connection with the renewal
of an operating license or combined license for a nuclear power plant,
the environmental document must be a supplement to the Commission's
NUREG-1437, ``Generic Environmental Impact Statement for License
Renewal of Nuclear Plants,'' which is available in the NRC's Publicly
Available Records System Library at www.nrc.gov/reading-rm/adams.
(1) The supplemental environmental document for the operating
license renewal stage need not discuss other issues not related to the
environmental effects of the proposed agency action and associated
alternatives. The supplemental environmental document will rely on
conclusions as amplified by the supporting information in the license
renewal generic environmental impact statement for issues designated as
Category 1 in Table B-1 of appendix B of this part. The supplemental
environmental document must contain an analysis of those issues
identified as Category 2 in Table B-1 of appendix B of this part for
the proposed agency action in accordance with the considerations in
paragraph (5) of this section.
(2)The supplemental environmental document must also consider the
impacts from the applicant's plans to modify the facility or its
administrative control procedures as described in accordance with Sec.
54.21 of this chapter.
(3) The supplemental environmental document must be issued as a
final environmental document after considering any significant new
information relevant to the proposed agency action contained in the
supplement or incorporated by reference.
(4) The supplemental environmental document must contain a
recommendation regarding the environmental acceptability of the license
renewal action. To make recommendations and reach a final decision on
the proposed agency action, the environmental document must integrate
the conclusions in the license renewal generic environmental impact
statement for issues designated as Category 1 with information
developed for those Category 2 issues applicable to the nuclear power
plant under paragraph (5) of this section and any new and significant
information.
(5) For license renewal applications covered by Table B-1 for a
nuclear power plant for which an operating license, construction
permit, or combined license was issued as of June 30, 1995, the
supplemental environmental document must address the information
required in paragraphs (c)(1) and (c)(2) of this section subject to the
following considerations:
(i) For those issues identified as Category 2 issues in Table B-1
of appendix B of this part, the analyses of the environmental impacts
of the proposed agency action, including the impacts of continued
operations and any planned refurbishment activities, if any, during the
renewal term must address:
(A) The impact of radionuclides discharged in plant effluents and
other wastewater to the ponds and the impact on groundwater quality and
beneficial use, if the applicant's plant utilizes cooling ponds.
(B) If the NRC has not previously considered severe accident
mitigation alternatives for the applicant's plant in an environmental
impact statement or related supplement or in an environmental
assessment, consideration of alternatives to mitigate severe accidents.
(C) The impact of any documented inadvertent releases of
radionuclides into groundwater. The analyses must include a description
of any groundwater protection program used by the applicant for the
surveillance of piping and components containing radioactive liquids
for which a pathway to groundwater may exist. The analysis must also
include a description of any past inadvertent releases and the
projected impact to the environment (e.g., aquifers, rivers, lakes,
ponds, ocean) during the license renewal term.
(ii) The analyses must consider alternatives for reducing adverse
impacts for all Category 2 license renewal issues in appendix B of this
part.
(iii) The analyses must consider any new and significant
information regarding the environmental impacts of license renewal of
which the applicant or NRC is aware.
(d) Postoperating license stage. In connection with the amendment
of certain licensing actions, the environmental document will be
prepared as a supplemental environmental document if an environmental
document is required by Sec. 51.20 of this part. These actions include
the amendment of an operating or combined license authorizing
decommissioning activities at a production or utilization facility,
either for unrestricted use or based on continuing use restrictions
applicable to the site. They also include the amendment of a license to
approve a license termination plan or decommissioning plan under
Sec. Sec. 50.82, 52.110, and part 53 of this chapter, either for
unrestricted use or based on continuing use restrictions applicable to
the site. Additionally, this applies to the issuance, amendment or
renewal of a license to store spent fuel at a nuclear power reactor
after expiration of the operating or combined license for the nuclear
power reactor. In each of these cases, the environmental document will
be prepared as an update to the prior environmental document with any
new information or significant environmental change associated with the
applicant's proposed decommissioning activities or with the applicant's
proposed activities with respect to the planned storage of spent fuel.
The supplement or assessment may incorporate by reference any
information contained in the final environmental document--for the
operating or combined license stage, as appropriate, or in the records
of decision prepared in connection with the early site permit,
construction permit, operating license, or combined license for that
facility.
NEPA Procedure and Administrative Action--General
Sec. 51.101 Limitations on actions.
(a) Except as provided in Sec. 51.13 of this part and paragraph
(c) of this section, until the NRC publishes a record of decision or
other decision document integrating the NRC's considerations under NEPA
in connection with a proposed agency action for which an environmental
impact statement is prepared, or a finding of no significant impact or
notice of a finding of no significant impact in the Federal Register,
or makes a categorical exclusion determination, as applicable, the NRC
staff will take no action concerning a proposal that would:
(i) Have an adverse environmental effect, or
(ii) Limit the choice of reasonable alternatives.
(b) If NRC is considering an application and becomes aware that the
applicant is about to take an action within the NRC's jurisdiction that
would meet either of the criteria in paragraph (a) of this section, the
NRC should promptly notify the applicant that the NRC will take
appropriate action to ensure that the objectives and procedures of NEPA
are achieved.
(c) This section does not preclude any applicant for an NRC permit,
license, or other form of permission, or amendment to or renewal of an
NRC permit, license,
[[Page 42121]]
or other form of permission, from developing any plans or designs or
performance of other activities necessary to support an application for
Federal, State, Tribal, or local permits or assistance.
Sec. 51.102 Documentation of Decision.
(a) At the time of the NRC's decision on the proposed agency action
for which an environmental impact statement was prepared, the NRC will
prepare and timely publish a concise public record of decision document
or joint decision document notifying the public that the decisionmaker
has certified that the NRC has considered all relevant information
raised in the NEPA process and that the NEPA process has closed.
Alternatively, the NRC may integrate its considerations under NEPA into
any other decision-making document, with documentation appropriate for
the proposal under consideration.
(b) The record of decision, or other decision document, will be
clearly identified and will:
(1) State the decision.
(2) Identify all alternatives considered by the NRC in reaching the
decision and state that the reasonable range of alternatives is
discussed in the environmental impact statement.
(3) Discuss preferences among alternatives based on relevant
factors, including the NRC's statutory mission and any essential
considerations of national policy, which were evaluated by the NRC in
making the decision and state how these considerations entered into the
decision.
(4) State whether the NRC has taken all practicable measures within
its jurisdiction to avoid or minimize environmental harm from the
alternative selected, and if not, explain why those measures were not
adopted. Summarize any license conditions and monitoring programs
adopted in connection with mitigation measures.
(c) The record of decision may be integrated into any other record
prepared by the NRC in connection with the action.
(d) The record of decision may incorporate by reference material
contained in an environmental impact statement.
Geologic Repositories
Sec. 51.109 Public hearings in proceedings for issuance of materials
license with respect to a geologic repository.
(a)(1) In a proceeding for issuance of a construction authorization
for a high-level radioactive waste repository at a geologic repository
operations area under parts 60 and 63 of this chapter, and in a
proceeding for issuance of a license to receive and possess source,
special nuclear, and byproduct material at a geologic repository
operations area under parts 60 and 63 of this chapter, the NRC staff
shall, upon the publication of the notice of hearing in the Federal
Register, present its position on whether it is practicable to adopt,
without further supplementation, the environmental impact statement
(including any supplement thereto) prepared by the Secretary of Energy.
If the position of the staff is that supplementation of the
environmental impact statement by NRC is required, it shall file its
final supplemental environmental impact statement with the
Environmental Protection Agency, furnish that statement to commenting
agencies, and make it available to the public, before presenting its
position, or as soon thereafter as may be practicable. In discharging
its responsibilities under this paragraph, the staff shall be guided by
the principles set forth in paragraphs (c) and (d) of this section.
(2) Any other party to the proceeding who contends that it is not
practicable to adopt the DOE environmental impact statement, as it may
have been supplemented, shall file a contention to that effect within
thirty (30) days after the publication of the notice of hearing in the
Federal Register. Such contention must be accompanied by one or more
affidavits which set forth factual and/or technical bases for the claim
that, under the principles set forth in paragraphs (c) and (d) of this
section, it is not practicable to adopt the DOE environmental impact
statement, as it may have been supplemented. The presiding officer
shall resolve disputes concerning adoption of the DOE environmental
impact statement by using, to the extent possible, the criteria and
procedures that are followed in ruling on motions to reopen under Sec.
2.326 of this chapter.
(b) In any such proceeding, the presiding officer will determine
those matters in controversy among the parties within the scope of NEPA
and this subpart, specifically including whether, and to what extent,
it is practicable to adopt the environmental impact statement prepared
by the Secretary of Energy in connection with the issuance of a
construction authorization and license for such repository.
(c) The presiding officer will find that it is practicable to adopt
any environmental impact statement prepared by the Secretary of Energy
in connection with a geologic repository proposed to be constructed
under Title I of the Nuclear Waste Policy Act of 1982, as amended,
unless:
(1)(i) The action proposed to be taken by the Commission differs
from the action proposed in the license application submitted by the
Secretary of Energy; and
(ii) The difference may significantly affect the quality of the
human environment; or
(2) Significant and substantial new information or new
considerations render such environmental impact statement inadequate.
(d) To the extent that the presiding officer determines it to be
practicable, in accordance with paragraph (c) of this section, to adopt
the environmental impact statement prepared by the Secretary of Energy,
such adoption shall be deemed to satisfy all responsibilities of the
Commission under NEPA and no further consideration under NEPA or this
subpart shall be required.
(e) To the extent that it is not practicable, in accordance with
paragraph (c) of this section, to adopt the environmental impact
statement prepared by the Secretary of Energy, the presiding officer
will:
(1) Determine whether the requirements of section 102(2) (A), (C),
and (H) of NEPA and the regulations in this subpart have been met;
(2) Independently consider the final balance among conflicting
factors contained in the record of the proceeding with a view to
determining the appropriate action to be taken;
(3) Determine, after weighing the environmental, economic,
technical and other benefits against environmental and other costs,
whether the construction authorization or license should be issued,
denied, or appropriately conditioned to protect environmental values;
(4) Determine, in an uncontested proceeding, whether the NEPA
review conducted by the NRC staff has been adequate; and
(5) Determine, in a contested proceeding, whether in accordance
with the regulations in this subpart, the construction authorization or
license should be issued as proposed.
(f) In making the determinations described in paragraph (e) of this
section, the environmental impact statement will be deemed modified to
the extent that findings and conclusions differ from those in the final
statement prepared by the Secretary of Energy, as it may have been
supplemented. The initial decision will be distributed to any persons
not otherwise entitled to receive it who responded to the request in
the notice of docketing. If the Commission reaches conclusions
[[Page 42122]]
different from those of the presiding officer with respect to such
matters, the final environmental impact statement will be deemed
modified to that extent and the decision will be similarly distributed.
(g) The provisions of this section shall be followed in any
proceedings for the issuance of a license to receive and possess
source, special nuclear, and byproduct material at a geologic
repository operations area.
Appendix A [Reserved]
Appendix B 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 nuclear power plant for
which an operating license, construction permit, or combined license
was issued 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 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.
On a 10-year cycle, the Commission intends to review the material in
this appendix and update it if necessary.
Table B-1--Summary of Findings on Environmental Issues for Initial and One Term of Subsequent License Renewal of
Nuclear Power Plants \1\
----------------------------------------------------------------------------------------------------------------
Issue Category \2\ Finding \3\
----------------------------------------------------------------------------------------------------------------
Surface Water Resources
Surface water use and quality (non- 1 SMALL. Impacts are expected to be small if best management
cooling system impacts). 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.
Discharge of metals in cooling 1 SMALL. Discharges of metals have not been found to be a
system 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 1 SMALL. The effects of these discharges are regulated by
wastes, and 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.
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.
----------------------------------------------------------------------------------------------------------------
Groundwater Resources
----------------------------------------------------------------------------------------------------------------
Groundwater quality degradation 2 SMALL or MODERATE. Sites with cooling ponds could degrade
(plants with cooling ponds). 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 2 SMALL or MODERATE. Leaks of radioactive liquids from plant
groundwater. 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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
Aquatic Resources
----------------------------------------------------------------------------------------------------------------
Exposure of aquatic organisms to 1 SMALL. Doses to aquatic organisms from continued nuclear
radionuclides. 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.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
[[Page 42123]]
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 \4\................ 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.
----------------------------------------------------------------------------------------------------------------
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.
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 1 For the high-level waste and spent-fuel disposal component
spent nuclear fuel and high-level of the fuel cycle, the EPA established a dose limit of
waste disposal. 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.
----------------------------------------------------------------------------------------------------------------
Uranium Fuel Cycle
----------------------------------------------------------------------------------------------------------------
Offsite radiological impacts-- 1 SMALL. The impacts to the public from radiological
individual impacts from other than exposures have been considered by the Commission in Table
the disposal of spent fuel and high- S-3 of this part. Based on information in the GEIS,
level waste. impacts to individuals from radioactive gaseous and
liquid releases, including radon-222, would remain at or
below the NRC's regulatory limits.
Offsite radiological impacts-- 1 There are no regulatory limits applicable to collective
collective impacts from other than doses to the general public from fuel-cycle facilities.
the disposal of spent fuel and high- The practice of estimating health effects on the basis of
level waste. 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.
----------------------------------------------------------------------------------------------------------------
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,'' August 2024.
\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 to all nuclear plants;
[[Page 42124]]
(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.
These levels are used for describing the environmental impacts of the proposed agency action (license renewal),
as well as for the impacts of a range of reasonable alternatives to the proposed agency action.
For issues where probability is a key consideration (i.e., accident consequences), probability was a factor in
determining significance.
For the purpose of assessing impacts when preparing a categorical exclusion or environmental assessment, the
Commission has concluded that a SMALL significance level is the equivalent of concluding no significant
impact.
\4\ 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 plant-specific analysis.
Appendix C of Part 51--Environmental Effect of Issuing a Permit or
License for a New Nuclear Reactor
The Commission has assessed the environmental impacts associated
with authorizing the construction, operation, and decommissioning of a
nuclear reactor. Table C-1 summarizes the Commission's generic findings
on the scope and magnitude of environmental impacts of such an
authorization as required by section 102(2) of the National
Environmental Policy Act of 1969, as amended. Table C-1 presents the
results of the generic analysis of those environmental impacts
associated with building,\1\ operating, and decommissioning a nuclear
reactor that the NRC has designated as Category 1, as well as listing
the issues that could not be resolved generically, designated as
Category 2.\2\ On a 10-year cycle, the Commission intends to review the
material in this appendix and update it if necessary.
---------------------------------------------------------------------------
\1\ The term ``building,'' as used in the NR GEIS, includes the
full range of preconstruction (building activities not within the
NRC's regulatory authority), and construction and installation
activities (building activities within the NRC's regulatory
authority).
\2\ For the purpose of assessing impacts when preparing a
categorical exclusion or environmental assessment, the Commission
has concluded that a SMALL significance level is the equivalent of
concluding no significant impact.
Table C-1--Summary of Findings on Environmental Issues for Issuing a Permit or License for a New Nuclear Reactor \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Plant parameter envelope/site parameter envelope values and
Issue Category \2\ Finding \3\ assumptions \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water Resources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Groundwater Quality Degradation Due to 1 SMALL....................... The plant is outside the recharge area for any EPA-designated
Plant Discharges. SSA, or any aquifer designated to have special protections by
a State, Tribal, or regional authority.
The plant is outside the wellhead protection area or designated
contributing area for any public water supply well.
There are no planned discharges to the subsurface (by
infiltration or injection).
Water Quality Degradation due to 1 SMALL....................... Applicable requirements and guidance on spill prevention and
Inadvertent Spills and Leaks during control are followed, including relevant BMPs and IPPPs.
Operation. There are no planned discharges to the subsurface (by
infiltration or injection), including stormwater discharge.
A groundwater protection program conforming to currently
applicable industry guidance is established and followed.
Adherence to requirements in NPDES permits issued by the EPA or
a given State, and any other applicable permits.
Degradation of Water Quality from Plant 1 SMALL....................... Municipal Systems' Available Capacity to Receive and Treat
Effluent Discharges to Municipal Systems. Plant Effluent accounts for all existing and reasonably
foreseeable future discharges.
Agreement to discharge to a municipal treatment system is
obtainable.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Terrestrial Ecology
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exposure of Terrestrial Organisms to 1 SMALL....................... Applicants would demonstrate in their application that any
Radionuclides. radiological nonhuman biota doses would be below International
Atomic Energy Agency (IAEA) and National Council on Radiation
Protection and Measurements (NCRP) guidelines.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 42125]]
Aquatic Ecology
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exposure of aquatic organisms to 1 SMALL....................... Applicants would demonstrate in their application that any
radionuclides. radiological nonhuman biota doses would be below IAEA and NCRP
guidelines.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Environmental Hazards--Radiological Environment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Radiological dose to construction workers 1 SMALL....................... For protection against radiation, the applicant must meet the
regulatory requirements of:
--10 CFR 20.1101 Radiation Protection Programs if issued a
license.
--10 CFR 20.1201 Occupational dose limits for adults 10 CFR
20.1301 Dose limits for individual members of the public.
--Appendix B to 10 CFR part 20 Annual Limits on Intake (ALIs)
and Derived Air Concentrations (DACs) of Radionuclides for
Occupational Exposure; Effluent Concentrations; Concentrations
for Release to Sewerage.
--10 CFR 50.34a Design objectives for equipment to control
releases of radioactive material in effluents--nuclear power
reactors.
--10 CFR 50.36a. Technical specifications on effluents from
nuclear power reactors.
Application contains sufficient technical information for the
staff to complete the detailed technical safety review.
Application will be found to be in compliance by the NRC with
the above regulations through a radiation protection program
and an effluent release monitoring program.
Occupational doses to workers............ 1 SMALL....................... For protection against radiation, the applicant must meet the
regulatory requirements of:
--10 CFR 20.1101 Radiation Protection Programs if issued a
license.
--10 CFR 20.1201 Occupational dose limits for adults.
--Appendix B of 10 CFR part 20 Annual Limits on Intake (ALIs)
and Derived Air Concentrations (DACs) of Radionuclides for
Occupational Exposure; Effluent Concentrations; Concentrations
for Release to Sewerage.
--10 CFR 50.34a Design objectives for equipment to control
releases of radioactive material in effluents--nuclear power
reactors.
--10 CFR 50.36a Technical specifications on effluents from
nuclear power reactors.
Application contains sufficient technical information for the
staff to complete the detailed technical safety review.
Application will be found to be in compliance by the NRC with
the above regulations through a radiation protection program
and an effluent release monitoring program.
Maximally exposed individual annual doses 1 SMALL....................... For protection against radiation, the applicant must meet the
regulatory requirements of:
--10 CFR 20.1101 Radiation Protection Programs if issued a
license.
--10 CFR 20.1301 Dose limits for individual members of the
public.
--Appendix B of 10 CFR part 20 ALIs and DACs of Radionuclides
for Occupational Exposure; Effluent Concentrations;
Concentrations for Release to Sewerage.
--10 CFR 50.34a Design objectives for equipment to control
releases of radioactive material in effluents--nuclear power
reactors.
--10 CFR 50.36a Technical specifications on effluents from
nuclear power reactors.
Application contains sufficient technical information for the
staff to complete the detailed technical safety review.
Application will be found to be in compliance by the NRC with
the above regulations through a radiation protection program
and an effluent release monitoring program.
[[Page 42126]]
Total population annual doses............ 1 SMALL....................... For protection against radiation, the applicant must meet the
regulatory requirements of:
--10 CFR 20.1101 Radiation Protection Programs if issued a
license.
--10 CFR 20.1301 Dose limits for individual members of the
public.
--Appendix B of 10 CFR part 20 ALIs and DACs of Radionuclides
for Occupational Exposure; Effluent Concentrations;
Concentrations for Release to Sewerage.
--10 CFR 50.34a Design objectives for equipment to control
releases of radioactive material in effluents--nuclear power
reactors.
--10 CFR 50.36a Technical specifications on effluents from
nuclear power reactors.
Application contains sufficient technical information for the
staff to complete the detailed technical safety review.
Application will be found to be in compliance by the NRC with
the above regulations through a radiation protection program
and an effluent release monitoring program.
Nonhuman biota doses..................... 1 SMALL....................... Applicants would demonstrate in their application that any
radiological nonhuman biota doses would be below IAEA and NCRP
guidelines.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Waste Management--Radiological Waste Management
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low-level radioactive waste (LLRW)....... 1 SMALL....................... Applicants must meet the regulatory requirements of 10 CFR part
20 (e.g., 10 CFR 20.1406 and subpart K), 10 CFR part 61, 10
CFR part 71, and 10 CFR part 72.
Quantities of LLRW generated at a new nuclear reactor would be
less than the quantities of LLRW generated at existing nuclear
power plants, which generate an average of 21,200 cubic feet
[ft\3\] (600 cubic meters [m\3\]) and 2,000 curies [Ci] (7.4 x
1013 becquerels [Bq]) per year for boiling water reactors and
half that amount for pressurized water reactors.
Onsite spent nuclear fuel management..... 1 SMALL....................... Compliance with 10 CFR part 72.
Mixed waste.............................. 1 SMALL....................... RCRA Small Quantity Generator for Mixed Waste.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Postulated Accidents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Design Basis Accidents Involving 1 SMALL....................... For the exclusion area boundary, the maximum total effective
Radiological Releases. dose equivalent for any 2-hour period during the radioactivity
release should be calculated.
For the low-population zone, the total effective dose
equivalent should be calculated for the duration of the
accident release (i.e., 30 days, or other duration as
justified). The above calculations would compare the design
basis accident doses with the dose criteria given in
regulations related to the application (e.g., 10 CFR
50.34(a)(1), 10 CFR 52.17(a)(1), and 10 CFR 52.79(a)(1)),
standard review plans (e.g., standard review plan criteria,
table 1 in standard review plan section 15.0.3 of NUREG-0800),
and regulatory guides, (e.g., RG 1.183), as applicable.
Accidents Involving Releases of Hazardous 1 SMALL....................... Reactor inventory of a regulated substance is less than its
Chemicals. Threshold Quantity (TQ). TQs are found in 40 CFR 68.130,
tables 1, 2, 3, and 4; and
Reactor inventory of an extremely hazardous substance is less
than its Threshold Planning Quantity (TPQ). TPQs are found in
40 CFR part 355, appendices A and B.
[[Page 42127]]
Severe Accidents......................... 1 SMALL....................... Within the maximum population dose risk 95th confidence
bounding value of 9.727 x 10\3\ person-rem per reactor year
(i.e., Indian Point Energy Center Units 2 and 3) specified in
the 1996 LR GEIS and demonstrating the utilization of 10 CFR
50.155 or diverse and flexible coping strategies (FLEX) to
address mitigation of beyond-design-basis events; or
Within the maximum 10- and 150-mile Exposure Index at the 95th
confidence bounds value of 1.896 x 10\4\ and 2.864 x 10\6\,
respectively (i.e., Indian Point Energy Center Units 2 and 3)
specified in the 1996 LR GEIS and demonstrating the
utilization of 10 CFR 50.155 or FLEX to address mitigation of
beyond-design-basis events; or
Utilizing the source term from 10 CFR 50.34(a)(1)(ii)(D), or
the equivalent 10 CFR part 52 regulation, with a non-intact
containment or confinement for population density assessments
under 10 CFR 100.21(h) to demonstrate a calculated total
effective dose equivalent (TEDE) of no greater than 1 rem over
a period of 30 days and that no further mitigation is
necessary because health effects are shown not to be
significant or a new reactor that is co-located with an
existing LWR may compare its source terms to demonstrate that
the LWR's severe accident risks bounds the new reactor's
risks; or
Utilizing 10 CFR 50.33(g)(2) to demonstrate there is no plume
exposure pathway emergency planning zone where the projected
total effective dose equivalent exceeds 1 rem over 96 hours
(i.e., 10 CFR 50.33(g)(2)(i)(A)) and no further mitigation is
necessary because health effects are shown not to be
significant.
Acts of Terrorism........................ 1 SMALL....................... The environmental impacts of acts of terrorism and sabotage
only need to be addressed if a reactor facility is subject to
the jurisdiction of the U.S. Court of Appeals for the Ninth
Circuit.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel Cycle
--------------------------------------------------------------------------------------------------------------------------------------------------------
Uranium Recovery......................... 1 SMALL....................... Table S-3 of 10 CFR 51.51 is expected to bound the radiological
impacts for new reactor fuels, because of uranium fuel cycle
changes since WASH-1248, including:
--Increasing use of in situ leach uranium mining has lower
radiological environmental impacts than traditional mining and
milling methods.
--Current light-water reactors (LWRs) are using nuclear fuel
more efficiently due to higher levels of fuel burnup resulting
in less demand for mining and milling activities.
Must satisfy the regulatory requirements of 10 CFR part 40,
``Domestic Licensing of Source Material,'' and 10 CFR part 71,
``Packaging and Transportation of Radioactive Material.''
Uranium Conversion....................... 1 SMALL....................... Table S-3 of 10 CFR 51.51 is expected to bound the radiological
impacts for new reactor fuels because of uranium fuel cycle
changes since WASH-1248, including:
Current LWRs are using nuclear fuel more efficiently due to
higher levels of fuel burnup resulting in less demand for
conversion activities.
Must satisfy the regulatory requirements of 10 CFR part 40,
``Domestic Licensing of Source Material,'' 10 CFR part 71,
``Packaging and Transportation of Radioactive Material,'' and
10 CFR part 73, ``Physical Protection of Plants and
Materials.''
Enrichment............................... 1 SMALL....................... Table S-3 is expected to bound the radiological impacts for new
nuclear reactor fuels, because of uranium fuel cycle changes
since WASH-1248, including:
Current LWRs are using nuclear fuel more efficiently due to
higher levels of fuel burnup resulting in less demand for
enrichment activities.
Must satisfy the regulatory requirements of 10 CFR part 40,
``Domestic Licensing of Source Material;'' 10 CFR part 70,
``Domestic Licensing of Special Nuclear Material;'' 10 CFR
part 71, ``Packaging and Transportation of Radioactive
Material;'' and 10 CFR part 73, ``Physical Protection of
Plants and Materials.''
[[Page 42128]]
Fuel Fabrication (excluding metal fuel 1 SMALL....................... Table S-3 is expected to bound the radiological impacts for new
and liquid-fueled molten salt). nuclear reactor fuels, because of uranium fuel cycle changes
since WASH-1248, including:
Current LWRs are using nuclear fuel more efficiently due to
higher levels of fuel burnup resulting in fewer discharged
fuel assemblies to be fabricated each year and due to longer
time periods between refueling.
Must satisfy the regulatory requirements of 10 CFR part 40,
``Domestic Licensing of Source Material,'' 10 CFR part 70,
``Domestic Licensing of Special Nuclear Material,'' 10 CFR
part 71, ``Packaging and Transportation of Radioactive
Material,'' and 10 CFR part 73, ``Physical Protection of
Plants and Materials.''
Reprocessing............................. 1 SMALL....................... Table S-3 is expected to bound the radiological impacts for new
nuclear reactor fuels, because of uranium fuel cycle changes
since WASH-1248, including:
Current LWRs are using nuclear fuel more efficiently due to
higher levels of fuel burnup resulting in fewer discharged
fuel assemblies to be reprocessed each year.
Reprocessing capacity up to 900 metric tons of uranium [MTU]/
yr.
Must satisfy the regulatory requirements of 10 CFR part 40,
``Domestic Licensing of Source Material;'' 10 CFR part 50,
``Domestic Licensing of Production and Utilization
Facilities;''10 CFR part 70, ``Domestic Licensing of Special
Nuclear Material;'' 10 CFR part 71, ``Packaging and
Transportation of Radioactive Material;'' 10 CFR part 72,
``Licensing Requirements for the Independent Storage of Spent
Fuel, High-Level Radioactive Waste, and Reactor-related
Greater Than Class C Waste;'' and 10 CFR part 73, ``Physical
Protection of Plants and Materials.''
Storage and Disposal of Radiological 1 SMALL....................... Table S-3 is expected to bound the radiological impacts for new
Wastes. nuclear reactor fuels, because of uranium fuel cycle changes
since WASH-1248, including:
Current LWRs are using nuclear fuel more efficiently due to
higher levels of fuel burnup resulting in fewer discharged
fuel assemblies to be stored and disposed.
Waste and spent fuel inventories, as well as their associated
certified spent fuel shipping and storage containers, are not
significantly different from what has been considered for LWR
evaluations in NUREG-2157.
Must satisfy the regulatory requirements of 10 CFR part 40,
``Domestic Licensing of Source Material,'' 10 CFR part 70,
``Domestic Licensing of Special Nuclear Material,'' 10 CFR
part 71, ``Packaging and Transportation of Radioactive
Material,'' 10 CFR part 72, ``Licensing Requirements for the
Independent Storage of Spent Fuel, High-Level Radioactive
Waste, and Reactor-related Greater Than Class C Waste,'' and
10 CFR part 73, ``Physical Protection of Plants and
Materials.''
--------------------------------------------------------------------------------------------------------------------------------------------------------
Transportation of Fuel and Waste
--------------------------------------------------------------------------------------------------------------------------------------------------------
Transportation of Unirradiated Fuel...... 1 SMALL....................... The maximum annual one-way shipment distance does not exceed
59,160 km (36,760 mi). The annual shipments associated with
the one-way shipment distance have been normalized to a net
electrical output of 880 megawatts electric [MW(e)], i.e.,
1,100 MW(e) with an 80 percent capacity factor from WASH-1238.
The maximum annual round-trip shipment distance does not
exceed 118,320 km (73,520 mi). The annual shipments associated
with the round-trip shipment distance have been normalized to
a net electrical output of 880 MW(e), i.e., 1,100 MW(e) with
an 80 percent capacity factor from WASH-1238.
Transportation of Radioactive Waste...... 1 SMALL....................... The maximum annual round-trip shipment distance does not exceed
293,145 km (182,152 mi). The annual shipments associated with
the round-trip shipment distance have been normalized to a net
electrical output of 880 MW(e), i.e., 1,100 MW(e) with an 80
percent capacity factor and a shipment volume of 2.34 m\3\/
shipment from WASH-1238.
[[Page 42129]]
Transportation of Irradiated Fuel........ 1 SMALL....................... The maximum annual one-way shipment distance does not exceed
505,393 km (314,037 mi). The annual shipments associated with
the one-way shipment distance have been normalized to a net
electrical output of 880 MW(e), i.e., 1,100 MW(e) with an 80
percent capacity factor and a shipment capacity of 0.5 MTU/
shipment from WASH-1238. The maximum annual round-trip
shipment distance does not exceed 1,010,786 km (628,073 mi).
The annual shipments associated with the round-trip shipment
distance have been normalized to a net electrical output of
880 MW(e), i.e., 1,100 MW(e) with an 80 percent capacity
factor and a shipment capacity of 0.5 MTU/shipment from WASH-
1238. A maximum peak rod burnup of 80 gigawatt-days [GWd]/MTU
for UO2 fuel and peak pellet burnup of 133 GWd/MTU for TRi-
structural ISOtropic (TRISO) fuel.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Decommissioning
--------------------------------------------------------------------------------------------------------------------------------------------------------
Decommissioning.......................... 1 SMALL....................... The environmental impacts for the following resource areas were
generically addressed in NUREG-0586, Supplement 1, would be
limited to operational areas, would not be detectable or
destabilizing and are expected to have a negligible effect on
the impacts of terminating operations and decommissioning:
--Radiological.
--Radiological Accidents (non-spent-fuel-related).
--Occupational Issues.
--Transportation.
--Irretrievable Resource.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Data supporting this table are contained in NUREG-2249, ``Generic Environmental Impact Statement for Licensing of New Nuclear Reactors.''
\2\ Category 1 issues--Radiological environmental issues for which the NRC has been able to make a generic finding of SMALL adverse environmental
impacts, or beneficial impacts, provided that the applicant's proposed reactor facility and site meet or are bounded by relevant values and
assumptions in the PPE and SPE that support the generic finding for that Category issue.
\3\ A finding of SMALL impacts means that 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. For issues where
probability is a key consideration (i.e., accident consequences), probability was a factor in determining significance.
Subpart B [Reserved]
PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS
0
30. The authority citation for part 52 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149,
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134,
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282);
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.
0
31. In Sec. 52.17, revise paragraph (a)(2) to read as follows:
Sec. 52.17 Contents of applications; technical information.
(a) * * *
(2) A complete environmental report or draft environmental document
as required by part 51 of this chapter.
* * * * *
Sec. 52.18 [Amended]
0
32. In Sec. 52.18, in the second sentence, remove the phrase
``environmental impact statement during review of the application,''
and add the phrase ``environmental document'' and remove the phrase
``during review of the application.
0
33. Revise and republish Sec. 52.21 to read as follows:
Sec. 52.21 Administrative review of applications; hearings.
All hearings conducted on applications for early site permits filed
under this part are governed by the procedures contained in subparts C,
G, L, and N of 10 CFR part 2, as applicable.
Sec. 52.24 [Amended]
0
34. In Sec. 52.24, in paragraph (a)(8) remove the phrase ``subpart A
of 10 CFR part 51'' and add in its place the phrase ``part 51 of this
chapter''.
0
35. In Sec. 52.47, revise paragraph (b)(2) to read as follows:
Sec. 52.47 Contents of application; technical information.
* * * * *
(b) * * *
(2) Environmental information as required by part 51 of this
chapter.
* * * * *
Sec. 52.54 [Amended]
0
36. In Sec. 52.54, in paragraph (a)(7) remove the phrase ``subpart A
of''.
0
37. In Sec. 52.80, revise paragraph (b) to read as follows:
Sec. 52.80 Contents of applications; additional technical
information.
* * * * *
(b) Environmental information as required by part 51 of this
chapter.
* * * * *
Sec. 52.97 [Amended]
0
38. In Sec. 52.97, in paragraph (a)(1)(vi) remove the phrase ``subpart
A of''.
0
39. In Sec. 52.110, revise paragraphs (d)(1) and (i)(2)(vii) to read
as follows:
Sec. 52.110 Termination of license.
* * * * *
(d) * * *
(1) Before or within two years following permanent cessation of
operations, the licensee shall submit a post-shutdown decommissioning
activities report (PSDAR) to the NRC, and a copy to the affected
State(s). The report must include a description of the planned
decommissioning activities along with a schedule for their
accomplishment, an estimate of
[[Page 42130]]
expected costs, and a discussion that provides the reasons for
concluding that the environmental impacts associated with site-specific
decommissioning activities will be bounded by appropriate previously
issued categorical exclusion or environmental document.
* * * * *
(i) * * *
(2) * * *
(vii) A supplement to the environmental information as required by
part 51 of this chapter describing any substantial new circumstance or
information associated with the licensee's proposed termination
activities; and
* * * * *
0
40. In Sec. 52.158, revise paragraph (b)(1) to read as follows:
Sec. 52.158 Contents of application; additional technical
information.
* * * * *
(b) * * *
(1) Environmental information as required by part 51 of this
chapter.
* * * * *
0
41. Revise and republish Sec. 52.163 to read as follows:
Sec. 52.163 Administrative review of applications; hearings.
A proceeding on a manufacturing license is subject to all
applicable procedural requirements contained in 10 CFR part 2,
including the requirements for docketing in Sec. 2.101(a)(1) through
(4) of this chapter, and the requirements for issuance of a notice of
proposed action in Sec. 2.105 of this chapter. All hearings on
manufacturing licenses are governed by the hearing procedures contained
in 10 CFR part 2, subparts C, E, G, L, and N.
Sec. 52.167 [Amended]
0
42. In Sec. 52.167, in paragraph (a)(7) remove the phrase ``subpart A
of''.
0
43. In appendix N to part 52, revise paragraph 6. to read as follows:
Appendix N to Part 52--Standardization of Nuclear Power Plant Designs:
Combined Licenses To Construct and Operate Nuclear Power Reactors of
Identical Design at Multiple Sites
* * * * *
6. If a categorical exclusion under part 51 of this chapter does
not apply, the NRC staff shall issue environmental documents for each
of the applications under part 51 of this chapter. If the applications
reference a standard design certification, then the environmental
document, if required under part 51 of this chapter, for each of the
applications must incorporate by reference the design certification
environmental assessment. If the applications do not reference a
standard design certification, then the NRC staff shall prepare
supplemental environmental documents which address severe accident
mitigation design alternatives for the common design, which must be
incorporated by reference into the environmental document prepared for
each application.
* * * * *
PART 53--RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK
FOR COMMERCIAL NUCLEAR PLANTS
0
44. The authority citation for part 53 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 103, 108,
122, 147, 161, 181, 182, 183, 184, 185, 186, 187, 189, 223, 234 (42
U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 2138, 2152, 2167, 2169,
2201, 2231, 2232, 2233, 2234, 2235, 2236, 2237, 2239, 2273, 2282);
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42
U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982,
sec. 306 (42 U.S.C. 10226); National Environmental Policy Act of
1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note; Pub. L. 115-439, 132
Stat. 5571.
0
45. In Sec. 53.1070, revise paragraph (i)(2)(vii) to read as follows:
Sec. 53.1070 Termination of license.
* * * * *
(i) * * *
(2) * * *
(vii) Environmental information required by part 51 of this
chapter, describing any new information or significant environmental
change associated with the licensee's proposed termination activities;
and
* * * * *
0
46. In Sec. 53.1080, revise paragraphs (b)(5) and (d)(3)to read as
follows:
Sec. 53.1080 Release of part of a commercial nuclear plant or site
for unrestricted use.
* * * * *
(b) * * *
(5) A discussion that provides the reasons for concluding that the
environmental impacts associated with the licensee's proposed release
of the property will be bounded by appropriate previously issued
environmental impact statements, environmental assessments, or
categorical exclusions.
* * * * *
(d) * * *
(3) Information required under part 51 of this chapter.
* * * * *
0
47. In Sec. 53.1100, revise paragraph (f) to read as follows:
Sec. 53.1100 Filing of application for licenses, certifications, or
approvals; oath or affirmation.
* * * * *
(f) Environmental requirements. An application for a CP, OL, early
site permit, design certification, COL, or ML for a commercial nuclear
plant must address the environmental requirements under 10 CFR part 51.
0
48. In Sec. 53.1112:
0
a. In paragraph (a), remove the phrase ``environmental report or draft
document'' and add in its place the phares ``environmental
information'' and remove the phrase ``Sec. 51.50'' and add in its
place the phrase ``part 51''; and
0
b. Revise paragraph (b).
The revision reads as follows:
Sec. 53.1112 Environmental conditions.
* * * * *
(b) Each license authorizing operation of a commercial nuclear
plant under this part, and each license for a commercial nuclear plant
for which the certification of permanent cessation of operations
required under Sec. 53.1070 has been submitted may include conditions
to address environmental issues during operation and decommissioning.
These conditions are to be set out in an attachment to the license,
which is incorporated in and made a part of the license. These
conditions will be derived from environmental information submitted
under part 51 of this chapter as analyzed and evaluated by the NRC, and
will identify the obligations of the licensee in the environmental
area, including, as appropriate, requirements for reporting and keeping
records of environmental data and any conditions and monitoring
requirement for the protection of the nonaquatic environment.
0
49. In Sec. 53.1130, revise paragraphs (a)(3)(ii), (b)(1)(i) and (c).
The revisions read as follows:
Sec. 53.1130 Limited work authorizations.
* * * * *
(a) * * *
(3) * * *
(ii) Any required environmental information in accordance with part
51 of this chapter; and
* * * * *
(b) * * *
(1) * * *
(i) The NRC staff determines that a categorical exclusion applies
to the LWA or issues the environmental document for the LWA under part
51 of this chapter;
* * * * *
[[Page 42131]]
(c) Effect of limited work authorization. Any activities undertaken
under an LWA are entirely at the risk of the applicant and, except as
to the matters determined under paragraph (b)(1) of this section, the
issuance of the LWA has no bearing on the issuance of a CP or COL with
respect to the requirements of the Act and rules, regulations, or
orders issued under the Act. The categorial exclusion or environmental
document for a CP or COL application for which an LWA was previously
issued will not address, and the presiding officer will not consider,
the sunk costs of the holder of the LWA in determining the proposed
action (i.e., issuance of the CP or COL).
* * * * *
0
50. In Sec. 53.1146, revise paragraph (a)(2) to read as follows:
Sec. 53.1146 Contents of applications for early site permits;
technical information.
(a) * * *
(2) Environmental information to justify a categorical exclusion
under part 51 of this chapter as applicable, or other information to
address the environmental requirements under part 51 of this chapter.
* * * * *
0
51. In Sec. 53.1149:
0
a. Revise paragraph (a); and
0
b. In paragraph (b) remove the phrase ``impact statement'' and add in
its place the phrase ``document''.
The revision reads as follows:
Sec. 53.1149 Review of applications.
(a) Standards for review of applications. Applications filed under
this part will be reviewed according to the applicable standards set
out in this part. In addition, if a categorical exclusion under part 51
of this chapter does not apply, the Commission must prepare an
environmental document during review of the application, under the
applicable provisions of 10 CFR part 51. The Commission must determine,
after consultation with FEMA, as applicable, whether the information
required of the applicant by Sec. 53.1146(b)(1) shows that there is no
significant impediment to the development of emergency plans that
cannot be mitigated or eliminated by measures proposed by the
applicant, whether any major features of emergency plans submitted by
the applicant under Sec. 53.1146(b)(2)(i) are acceptable under either
Sec. 50.160 or appendix E to part 50 and Sec. 50.47(b) of this
chapter, and whether any emergency plans submitted by the applicant
under Sec. 53.1146(b)(2)(ii) provide reasonable assurance that
adequate protective measures can and will be taken in the event of a
radiological emergency.
0
52. In Sec. 53.1241, revise paragraph (a)(1) to read as follows:
Sec. 53.1241 Contents of applications for standard design
certifications; other application content.
(a) * * *
(1) Environmental requirements. Environmental information as
required by part 51 of this chapter.
* * * * *
0
53. In Sec. 53.1282, revise and republish paragraph (b) to read as
follows:
Sec. 53.1282 Contents of applications for manufacturing licenses;
other application content.
* * * * *
(b) Environmental requirements.
(1) The application must contain environmental information as
required by part 51 of this chapter.
(2) If the ML application references a standard design
certification, the no environmental report or environmental document is
required to contain a discussion of severe accident mitigation design
alternatives for the manufactured reactor as used in a commercial
nuclear plant.
* * * * *
Sec. 53.1285 [Amended]
0
54. In paragraph (b) remove the phrase ``impact statement'' and add in
its place the phrase ``document''.
0
55. In Sec. 53.1312, revise paragraph (a)(1) to read as follows:
Sec. 53.1312 Contents of applications for construction permits; other
application content.
(a) * * *
(1) Environmental information as required under part 51 of this
chapter; or
* * * * *
0
56. In Sec. 53.1372, revise paragraph (a) to read as follows:
Sec. 53.1372 Contents of applications for operating licenses; other
application content.
* * * * *
(a) Environmental requirements. Environmental information as
required in accordance with part 51 of this chapter.
* * * * *
0
57. In Sec. 53.1419, revise paragraphs (a)(1) and (a)(1)(i) to read as
follows:
Sec. 53.1419 Contents of applications for combined licenses; other
application content.
(a) * * *
(1) Environmental requirements.
(i) Environmental information as required under part 51 of this
chapter or
* * * * *
0
58. In Sec. 53.1470, revise paragraphs (d) and (f) to read as follows:
Sec. 53.1470 Standardization of commercial nuclear plant designs:
licenses to construct and operate nuclear power reactors of identical
design at multiple sites.
* * * * *
(d) Each application submitted pursuant to this section must
contain environmental information to address the requirements under
part 51 of this chapter, as applicable. The application may incorporate
by reference a single document on the environmental impacts of the
common design that are applicable to each site.
* * * * *
(f) The NRC must meet the requirements of 10 CFR part 51 for each
of the applications. If a categorical exclusion does not apply, and the
applications reference a standard design certification, then the
environmental document for each of the applications must incorporate by
reference the standard design certification environmental assessment.
If a categorical exclusion does not apply, and the applications do not
reference a standard design certification, then the NRC must prepare
environmental documents which address severe accident mitigation design
alternatives for the common design, which must be incorporated by
reference into the environmental document prepared for each
application.
* * * * *
PART 54--REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR
POWER PLANTS
0
59. The authority citation for part 54 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 102, 103, 104, 161,
181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2132, 2133, 2134, 2136,
2137, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 202, 206 (42 U.S.C. 5841,
5842, 5846); 44 U.S.C. 3504 note.
Section 54.17 also issued under E.O. 12829, 58 FR 3479, 3 CFR,
1993 Comp., p. 570; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p.
298; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391.
0
60. Revise and republish Sec. 54.23 to read as follows:
Sec. 54.23 Contents of application--environmental information.
Each application must include a supplement to the environmental
information that complies with the requirements of part 51 of this
chapter.
[[Page 42132]]
Sec. 54.29 [Amended]
0
61. In Sec. 54.29, in paragraph (b) remove the phrase ``subpart A
of''.
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
0
62. The authority citation for part 61 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 65,
81, 161, 181, 182, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092, 2093,
2095, 2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C. 5841,
5846, 5851); Low-Level Radioactive Waste Policy Amendments Act of
1985, sec. 2 (42 U.S.C. 2021b); 44 U.S.C. 3504 note.
0
63. Revise and republish Sec. 61.10 to read as follows:
Sec. 61.10 Content of application.
An application to receive from others, possess and dispose of
wastes containing or contaminated with source, byproduct or special
nuclear material by land disposal must consist of general information,
specific technical information, institutional information, and
financial information as set forth in Sec. Sec. 61.11 through 61.16.
Environmental information required under part 51 of this chapter must
accompany the application.
Sec. 61.23 [Amended]
0
64. In Sec. 61.23, in paragraph (l) remove the phrase ``subpart A
of''.
Sec. 61.28 [Amended]
0
65. In Sec. 61.28, revise paragraph (b) to read as follows:
Sec. 61.28 Contents of application for closure.
* * * * *
(b) Environmental information required under part 51 of this
chapter.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
66. The authority citation for part 70 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57(d), 108,
122, 161, 182, 183, 184, 186, 187, 193, 223, 234, 274, 1701 (42
U.S.C. 2071, 2073, 2077(d), 2138, 2152, 2201, 2232, 2233, 2234,
2236, 2237, 2243, 2273, 2282, 2021, 2297f); Energy Reorganization
Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846,
5851); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C.
10155, 10161); 44 U.S.C. 3504 note.
Sections 70.1(c) and 70.20a(b) also issued under secs. 135,
141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.21(g) also issued under Atomic Energy Act sec. 122
(42 U.S.C. 2152).
Section 70.31 also issued under Atomic Energy Act sec. 57(d) (42
U.S.C. 2077(d)).
Sections 70.36 and 70.44 also issued under Atomic Energy Act
sec. 184 (42 U.S.C. 2234).
Section 70.81 also issued under Atomic Energy Act secs. 186, 187
(42 U.S.C. 2236, 2237).
Section 70.82 also issued under Atomic Energy Act sec. 108 (42
U.S.C. 2138).
0
67. In Sec. 70.21, revise paragraph (f) and (h) to read as follows:
Sec. 70.21 Filing.
* * * * *
(f) Any application for a license under this part shall include the
environmental information required by part 51 of this chapter.
* * * * *
(h) A license application for a uranium enrichment facility must be
accompanied by environmental information required under part 51 of this
chapter.
* * * * *
Sec. 70.23 [Amended]
0
68. In Sec. 70.23, in paragraph (a)(7) remove the phrase ``subpart A
of''.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
69. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
70. Revise and republish Sec. 72.34 to read as follows:
Sec. 72.34 Environmental information.
Each application for an ISFSI or MRS license under this part must
be accompanied environmental information which meets the requirements
of part 51 of this chapter.
Sec. 72.40 [Amended]
0
71. In Sec. 72.40, in paragraph (b) remove the phrase ``subpart A
of''.
0
72. In Sec. 72.90, revise paragraph (e) to read as follows:
Sec. 72.90 General considerations.
* * * * *
(e) Pursuant to part 51 of this chapter for each proposed site for
an ISFSI and pursuant to sections 141 or 148 of NWPA, as appropriate
(96 Stat. 2241, 101 Stat. 1330-235, 42 U.S.C. 10161, 10168) for each
proposed site for an MRS, the potential for radiological impacts on the
region must be evaluated with due consideration of the characteristics
of the population, including its distribution, and of the regional
environs.
* * * * *
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
0
73. The authority citation for part 76 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 122, 161, 193(f),
223, 234, 1701 (42 U.S.C. 2152, 2201, 2243(f), 2273, 2282, 2297f);
Energy Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C.
5841, 5846, 5851); 44 U.S.C. 3504 note.
Section 76.22 is also issued under Atomic Energy Act sec. 193(f)
(42 U.S.C. 2243(f)).
Section 76.35(j) also issued under Atomic Energy Act sec. 122
(42 U.S.C. 2152).
0
74. In Sec. 76.35, revise paragraph (c) to read as follows:
Sec. 76.35 Contents of application.
* * * * *
(c) Any relevant information concerning deviations from the
published environmental documents or environmental permits under which
the plants currently operate from which the Commission can prepare an
environmental document related to the compliance plan.
* * * * *
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
75. The authority citation for part 110 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57,
62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126,
127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187,
189, 223, 234 (42 U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 2093,
2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153,
2154, 2155, 2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 2231, 2232,
2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act
of 1974, sec. 201 (42 U.S.C. 5841); Administrative Procedure Act (5
U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note.
Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C.
2778a; 50 App. U.S.C. 2401et seq.
[[Page 42133]]
Sec. 110.43 [Amended]
0
76. In Sec. 110.43, in paragraph (c) remove the phrase ``subpart A
of''.
Sec. 110.45 [Amended]
0
77. In Sec. 110.45, in paragraph (b)(3) remove the phrase ``subpart A
of''.
Dated: July 02, 2026.
For the Nuclear Regulatory Commission.
Tomas Herrera,
Acting Secretary of the Commission.
[FR Doc. 2026-13687 Filed 7-6-26; 8:45 am]
BILLING CODE 7590-01-P