The Department of Energy (DOE) has established a categorical exclusion from certain National Environmental Policy Act (NEPA) procedures for approving and constructing advanced reactors.
The exclusion is a “category of actions that the agency has determined, as established in its agency NEPA procedures, normally does not significantly affect the quality of the human environment and therefore does not require preparation of an environmental assessment or environmental impact statement,” according to DOE’s Monday notice published in the Federal Register.
Under the new exclusion, certain advanced nuclear reactors might not be required to prepare an environmental assessment or environmental impact statement, according to the notice.
Public comments on the change are due by March 4.
DOE said the change comes as advanced reactors, such as small modular reactors, microreactors and Generation IV and III+, have brought better safety technology, reactor designs and operational flexibility to the market.
The categorical exclusion was called for by President Donald Trump’s May 23 executive order, “Reforming Nuclear Reactor Testing at the Department of Energy.”
In the executive action, the secretary of energy was directed to create “categorical exclusions as appropriate for reactors within certain parameters” to eliminate or expedite DOE’s environmental reviews, according to the order.
The Council on Environmental Quality, the Department of Defense and Nuclear Regulatory CommissionIn were consulted on the proposed change, DOE said in the notice.
Not all advanced reactors are exempted from the NEPA exclusion, and units will be considered on a case-by-case basis.
“In deciding whether to apply this categorical exclusion to a particular project, DOE would consider each of the conditions in the categorical exclusion itself, the integral elements listed in appendix B of DOE’s NEPA implementing procedures, and other conditions contained in DOE’s NEPA implementing procedures, including whether extraordinary circumstances exist such that a normally excluded action may have a significant environmental effect,” according to the notice.
Energy Secretary Chris Wright signed the DOE document on Jan. 28.