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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:2.0.1.1.1.0.31.1 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | § 51.1 Scope. | NRC | This part contains environmental protection regulations applicable to NRC's 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: (a) Section 102(2) of the National Environmental Policy Act of 1969, as amended. | |||||||
| 10:10:2.0.1.1.1.0.31.2 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | § 51.2 Subparts. | NRC | (a) The regulations in subpart A of this part implement section 102(2) of the National Environmental Policy Act of 1969, as amended. | |||||||
| 10:10:2.0.1.1.1.0.31.3 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | § 51.3 Resolution of conflict. | NRC | In any conflict between a general rule in subpart A of this part and a special rule in another subpart of this part or another part of this chapter applicable to a particular type of proceeding, the special rule governs. | |||||||
| 10:10:2.0.1.1.1.0.31.4 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | § 51.4 Definitions. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 51 FR 35999, Oct. 8, 1986; 52 FR 31612, Aug. 21, 1987; 72 FR 57443, Oct. 9, 2007; 73 FR 5723, Jan. 31, 2008; 76 FR 56964, Sept. 15, 2011; 77 FR 46599, Aug. 3, 2012; 79 FR 75740, Dec. 19, 2014; 84 FR 65644, Nov. 29, 2019; 87 FR 68031, Nov. 14, 2022] | As used in this part: Act means the Atomic Energy Act of 1954 (Pub. L. 83-703, 68 Stat. 919) including any amendments thereto. Commission means the Nuclear Regulatory Commission or its authorized representatives. Construction means: (1) For production and utilization facilities, the activities in paragraph (1)(i) of this definition, and does not mean the activities in paragraph (1)(ii) of this definition. (i) Activities constituting construction are the driving of piles, subsurface preparation, placement of backfill, concrete, or permanent retaining walls within an excavation, installation of foundations, or in-place assembly, erection, fabrication, or testing, which are for: (A) Safety-related structures, systems, or components (SSCs) of a facility, as defined in 10 CFR 50.2; (B) SSCs relied upon to mitigate accidents or transients or used in plant emergency operating procedures; (C) SSCs whose failure could prevent safety-related SSCs from fulfilling their safety-related function; (D) SSCs whose failure could cause a reactor scram or actuation of a safety-related system; (E) SSCs necessary to comply with 10 CFR part 73; (F) SSCs necessary to comply with 10 CFR 50.48 and criterion 3 of 10 CFR part 50, appendix A; and (G) Onsite emergency facilities ( i.e., technical support and operations support centers), necessary to comply with 10 CFR 50.47 and 10 CFR part 50, appendix E. (ii) Construction does not include: (A) Changes for temporary use of the land for public recreational purposes; (B) Site exploration, including necessary borings to determine foundation conditions or other preconstruction monitoring to establish background information related to the suitability of the site, the environmental impacts of construction or operation, or the protection of environmental values; (C) Preparation of a site for construction of a facility, including clearing of the site, grading, installation of drainage, erosion and other environmental mitigation measures, and construction of temporary roads and bor… | ||||||
| 10:10:2.0.1.1.1.0.31.5 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | § 51.5 Interpretations. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 90 FR 55630, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretation of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||||
| 10:10:2.0.1.1.1.0.31.6 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | § 51.6 Specific exemptions. | NRC | 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. | |||||||
| 10:10:2.0.1.1.1.1.31.1 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 54 FR 43578, Oct. 26, 1989; 61 FR 43408, Aug. 22, 1996; 86 FR 67843, Nov. 30, 2021] | (a) The National Environmental Policy Act of 1969, as amended (NEPA) directs that, to the fullest extent possible: (1) The policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in NEPA, and (2) all agencies of the Federal Government shall comply with the procedures in section 102(2) of NEPA except where compliance would be inconsistent with other statutory requirements. The regulations in this subpart implement section 102(2) of 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, the Energy Reorganization Act of 1974, as amended, and the Uranium Mill Tailings Radiation Control Act of 1978, and which reflects the Commission's announced policy to take account of the regulations of the Council on Environmental Quality published November 29, 1978 (43 FR 55978-56007) voluntarily, subject to certain conditions. This subpart does not apply to export licensing matters within the scope of part 110 of this chapter nor does it apply to any environmental effects which NRC's domestic licensing and related regulatory functions may have upon the environment of foreign nations. (b) The Commission recognizes a continuing obligation to conduct its domestic licensing and related regulatory functions in a manner which is both receptive to environmental concerns and consistent with the Commission's responsibility as an independent regulatory agency for protecting the radiological health and safety of the public. Accordingly, the Commission will: (1) Examine any future interpretation or change to the Council's NEPA regulations; (2) Follow the provisions of 40 CFR 1501.5 and 1501.6 relating to lead agencies and cooperating agencies, except that the Commission reserves the right to prepare an independent environmental impact statement whenever the NRC has regulatory jurisdiction over an activity even though the NRC has not been designated as lead age… | ||||
| 10:10:2.0.1.1.1.1.31.2 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.11 Relationship to other subparts. [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.1.1.31.3 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.12 Application of subpart to ongoing environmental work. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 49 FR 24513, June 14, 1984] | (a) Except as otherwise provided in this section, the regulations in this subpart shall apply to the fullest extent practicable to NRC's ongoing environmental work. (b) No environmental report or any supplement to an environmental report filed with the NRC and no environmental assessment, environmental impact statement or finding of no significant impact or any supplement to any of the foregoing issued by the NRC before June 7, 1984, need be redone and no notice of intent to prepare an environmental impact statement or notice of availability of these environmental documents need be republished solely by reason of the promulgation on March 12, 1984, of this revision of part 51. | ||||
| 10:10:2.0.1.1.1.1.31.4 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.13 Emergencies. | NRC | 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 as soon as feasible concerning appropriate alternative NEPA arrangements. | |||||
| 10:10:2.0.1.1.1.1.31.5 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.14 Definitions. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 57 FR 18391, Apr. 30, 1992] | (a) As used in this subpart: Categorical Exclusion means a category of actions which do not individually or cumulatively have a significant effect on the human environment and which the Commission has found to have no such effect in accordance with procedures set out in § 51.22, and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. Cooperating Agency means any Federal agency other than the NRC which has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action significantly affecting the quality of the human environment. By agreement with the Commission, a State or local agency of similar qualifications or, when the effects are on a reservation, an Indian Tribe, may become a cooperating agency. Council means the Council on Environmental Quality (CEQ) established by Title II of NEPA. DOE means the U.S. Department of Energy or its duly authorized representatives. Environmental Assessment means a concise public document for which the Commission is responsible that serves to: (1) Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. (2) Aid the Commission's compliance with NEPA when no environmental impact statement is necessary. (3) Facilitate preparation of an environmental impact statement when one is necessary. Environmental document includes an environmental assessment, an environmental impact statement, a finding of no significant impact, an environmental report and any supplements to or comments upon those documents, and a notice of intent. Environmental Impact Statement means a detailed written statement as required by section 102(2)(C) of NEPA. 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… | ||||
| 10:10:2.0.1.1.1.1.31.6 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.15 Time schedules. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 69 FR 2276, Jan. 14, 2004] | Consistent with the purposes of NEPA, the Administrative Procedure Act, the Commission's rules of practice in part 2 of this chapter, §§ 51.100 and 51.101, and with other essential considerations of national policy: (a) The appropriate NRC staff director may, and upon the request of an applicant for a proposed action or a petitioner for rulemaking shall, establish a time schedule for all or any constituent part of the NRC staff NEPA process. To the maximum extent practicable, the NRC staff will conduct its NEPA review in accordance with any time schedule established under this section. (b) As specified in 10 CFR part 2, the presiding officer, the Atomic Safety and Licensing Board or the Commissioners acting as a collegial body may establish a time schedule for all or any part of an adjudicatory or rulemaking proceeding to the extent that each has jurisdiction. | ||||
| 10:10:2.0.1.1.1.1.31.7 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.16 Proprietary information. | NRC | [69 FR 2276, Jan. 14, 2004] | (a) Proprietary information, such as trade secrets or privileged or confidential commercial or financial information, will be treated in accordance with the procedures provided in § 2.390 of this chapter. (b) Any proprietary information which a person seeks to have withheld from public disclosure shall be submitted in accordance with § 2.390 of this chapter. When submitted, the proprietary information should be clearly identified and accompanied by a request, containing detailed reasons and justifications, that the proprietary information be withheld from public disclosure. A non-proprietary summary describing the general content of the proprietary information should also be provided. | ||||
| 10:10:2.0.1.1.1.1.31.8 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.17 Information collection requirements; OMB approval. | NRC | [49 FR 24513, June 14, 1984, as amended at 62 FR 52188, Oct. 6, 1997; 67 FR 67100, Nov. 4, 2002; 72 FR 57443, Oct. 9, 2007; 89 FR 106252, Dec. 30, 2024] | (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. (b) The approved information collection requirements in this part appear in §§ 51.6, 51.16, 51.41, 51.45, 51.49, 51.50, 51.51, 51.52, 51.53, 51.54, 51.55, 51.56, 51.58, 51.60, 51.61, 51.62, 51.66, 51.68, and 51.69. | ||||
| 10:10:2.0.1.1.1.1.32.10 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.21 Criteria for and identification of licensing and regulatory actions requiring environmental assessments. | NRC | [54 FR 27870, July 3, 1989] | All licensing and regulatory actions subject to this subpart require an environmental assessment except those identified in § 51.20(b) as requiring an environmental impact statement, those identified in § 51.22(c) as categorical exclusions, and those identified in § 51.22(d) as other actions not requiring environmental review. As provided in § 51.22(b), the Commission may, in special circumstances, prepare an environmental assessment on an action covered by a categorical exclusion. | ||||
| 10:10:2.0.1.1.1.1.32.11 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.22 Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review. | NRC | [49 FR 9381, Mar. 12, 1984] | (a) Licensing, regulatory, and administrative actions eligible for categorical exclusion shall meet the following criterion: The action belongs to a category of actions which the Commission, by rule or regulation, has declared to be a categorical exclusion, after first finding that the category of actions does not individually or cumulatively have a significant effect on the human environment. (b) Except in special circumstances, as determined by the Commission upon its own initiative or upon request of any interested person, an environmental assessment or an environmental impact statement is not required for any action within a category of actions included in the list of categorical exclusions set out in paragraph (c) of this section. Special circumstances include the circumstance where the proposed action involves unresolved conflicts concerning alternative uses of available resources within the meaning of section 102(2)(E) of NEPA. (c) The following categories of actions are categorical exclusions: (1) 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, and actions on petitions for rulemaking relating to parts 1, 2, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 19, 21, 25, 26, 55, 75, 95, 110, 140, 150, 160, 170, or 171 of this chapter. (2) Amendments to the regulations in this chapter which are corrective or of a minor or nonpolicy nature and do not substantially modify existing regulations, and actions on petitions for rulemaking relating to these amendments. (3) Amendments to parts 20, 30, 31, 32, 33, 34, 35, 37, 39, 40, 50, 51, 52, 54, 60, 61, 63, 70, 71, 72, 73, 74, 81, and 100 of this chapter which relate to— (i) Procedures for filing and reviewing applications for licenses or construction permits or early site permits or other forms of permission or for amendments to or renewals of licenses or construction permits or early site permits or other forms of permission; (ii) Recordkeeping requirements; (iii) Reporting… | ||||
| 10:10:2.0.1.1.1.1.32.12 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.23 Environmental impacts of continued storage of spent nuclear fuel beyond the licensed life for operation of a reactor. | NRC | [49 FR 34694, Aug. 31, 1984, as amended at 55 FR 38474, Sept. 18, 1990; 72 FR 49509, Aug. 28, 2007; 75 FR 81037, Dec. 23, 2010; 79 FR 56260, Sept. 19, 2014] | (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) The environmental reports described in §§ 51.50, 51.53, and 51.61 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. The impact determinations in NUREG-2157 regarding continued storage shall be deemed incorporated into the environmental impact statements described in §§ 51.75, 51.80(b), 51.95, and 51.97(a). The impact determinations in NUREG-2157 regarding continued storage shall be considered in the environmental assessments described in §§ 51.30(b) and 51.95(d), if the impacts of continued storage of spent fuel are relevant to the proposed action. (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. | ||||
| 10:10:2.0.1.1.1.1.32.9 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.20 Criteria for and identification of licensing and regulatory actions requiring environmental impact statements. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 53 FR 31681, Aug. 19, 1988; 53 FR 24052, June 27, 1988; 54 FR 15398, Apr. 18, 1989; 54 FR 27870, July 3, 1989; 57 FR 18392, Apr. 30, 1992; 66 FR 55790, Nov. 2, 2001; 72 FR 49509, Aug. 28, 2007] | (a) Licensing and regulatory actions requiring an environmental impact statement shall meet at least one of the following criteria: (1) The proposed action is a major Federal action significantly affecting the quality of the human environment. (2) The proposed action involves a matter which the Commission, in the exercise of its discretion, has determined should be covered by an environmental impact statement. (b) The following types of actions require an environmental impact statement or a supplement to an environmental impact statement: (1) Issuance of a limited work authorization or a permit to construct a nuclear power reactor, testing facility, or fuel reprocessing plant under part 50 of this chapter, or issuance of an early site permit under part 52 of this chapter. (2) Issuance or renewal of a full power or design capacity license to operate a nuclear power reactor, testing facility, or fuel reprocessing plant under part 50 of this chapter, or a combined license under part 52 of this chapter. (3) Issuance of a permit to construct or a design capacity license to operate or renewal of a design capacity license to operate an isotopic enrichment plant pursuant to part 50 of this chapter. (4) Conversion of a provisional operating license for a nuclear power reactor, testing facility or fuel reprocessing plant to a full term or design capacity license pursuant to part 50 of this chapter if a final environmental impact statement covering full term or design capacity operation has not been previously prepared. (5)-(6) [Reserved] (7) Issuance of a license to possess and use special nuclear material for processing and fuel fabrication, scrap recovery, or conversion of uranium hexafluoride pursuant to part 70 of this chapter. (8) Issuance of a license to possess and use source material for uranium milling or production of uranium hexafluoride pursuant to part 40 of this chapter. (9) Issuance of a license pursuant to part 72 of this chapter for the storage of spent fuel in an independent spent fuel storage … | ||||
| 10:10:2.0.1.1.1.1.33.13 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.25 Determination to prepare environmental impact statement or environmental assessment; eligibility for categorical exclusion. | NRC | Before taking a proposed action subject to the provisions of this subpart, the appropriate NRC staff director will determine on the basis of the criteria and classifications of types of actions in §§ 51.20, 51.21 and 51.22 of this subpart whether the proposed action is of the type listed in § 51.22(c) as a categorical exclusion or whether an environmental impact statement or an environmental assessment should be prepared. An environmental assessment is not necessary if it is determined that an environmental impact statement will be prepared. | |||||
| 10:10:2.0.1.1.1.1.33.14 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.26 Requirement to publish notice of intent and conduct scoping process. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 54 FR 27870, July 3, 1989; 66 FR 55791, Nov. 2, 2001; 72 FR 49510, Aug. 28, 2007] | (a) Whenever the appropriate NRC staff director determines that an environmental impact statement will be prepared by NRC in connection with a proposed action, a notice of intent will be prepared as provided in § 51.27, and will be published in the Federal Register as provided in § 51.116, and an appropriate scoping process (see §§ 51.27, 51.28, and 51.29) will be conducted. (b) The scoping process may include a public scoping meeting. (c) Upon receipt of an application and accompanying environmental impact statement under § 60.22 or § 63.22 of this chapter (pertaining to geologic repositories for high-level radioactive waste), the appropriate NRC staff director will include in the notice of docketing required to be published by § 2.101(f)(8) of this chapter a statement of Commission intention to adopt the environmental impact statement to the extent practicable. However, if the appropriate NRC staff director determines, at the time of such publication or at any time thereafter, that NRC should prepare a supplemental environmental impact statement in connection with the Commission's action on the license application, the NRC shall follow the procedures set out in paragraph (a) of this section. (d) Whenever the appropriate NRC staff director determines that a supplement to an environmental impact statement will be prepared by the NRC, a notice of intent will be prepared as provided in § 51.27, and will be published in the Federal Register as provided in § 51.116. The NRC staff need not conduct a scoping process (see §§ 51.27, 51.28, and 51.29), provided, however, that if scoping is conducted, then the scoping must be directed at matters to be addressed in the supplement. If scoping is conducted in a proceeding for a combined license referencing an early site permit under part 52, then the scoping must be directed at matters to be addressed in the supplement as described in § 51.92(e). | ||||
| 10:10:2.0.1.1.1.1.33.15 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.27 Notice of intent. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 72 FR 49510, Aug. 28, 2007] | (a) The notice of intent required by § 51.26(a) shall: (1) State that an environmental impact statement will be prepared; (2) Describe the proposed action and, to the extent sufficient information is available, possible alternatives; (3) State whether the applicant or petitioner for rulemaking has filed an environmental report, and, if so, where copies are available for public inspection; (4) Describe the proposed scoping process, including the role of participants, whether written comments will be accepted, the last date for submitting comments and where comments should be sent, whether a public scoping meeting will be held, the time and place of any scoping meeting or when the time and place of the meeting will be announced; and (5) State the name, address and telephone number of an individual in NRC who can provide information about the proposed action, the scoping process, and the environmental impact statement. (b) The notice of intent required by § 51.26(d) shall: (1) State that a supplement to a final environmental impact statement will be prepared in accordance with § 51.72 or § 51.92. For a combined license application that references an early site permit, the supplement to the early site permit environmental impact statement will be prepared in accordance with § 51.92(e); (2) Describe the proposed action and, to the extent required, possible alternatives. For the case of a combined license referencing an early site permit, identify the proposed action as the issuance of a combined license for the construction and operation of a nuclear power plant as described in the combined license application at the site described in the early site permit referenced in the combined license application; (3) Identify the environmental report prepared by the applicant and information on where copies are available for public inspection; (4) Describe the matters to be addressed in the supplement to the final environmental impact statement; (5) Describe any proposed scoping process that the NRC staff may conduct… | ||||
| 10:10:2.0.1.1.1.1.34.16 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.28 Scoping—participants. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 74 FR 62682, Dec. 1, 2009] | (a) The appropriate NRC staff director shall invite the following persons to participate in the scoping process: (1) The applicant or the petitioner for rulemaking; (2) Any person who has petitioned for leave to intervene in the proceeding or who has been admitted as a party to the proceeding; (3) Any other Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved or which is authorized to develop and enforce relevant environmental standards; (4) Affected State and local agencies, including those authorized to develop and enforce relevant environmental standards; (5) Any affected Indian Tribe; and (6) Any person who has requested an opportunity to participate in the scoping process. (b) The appropriate NRC staff director may also invite any other appropriate person to participate in the scoping process. (c) Participation in the scoping process for an environmental impact statement does not entitle the participant to become a party to the proceeding to which the environmental impact statement relates. Participation in an adjudicatory proceeding is governed by the procedures in §§ 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. | ||||
| 10:10:2.0.1.1.1.1.34.17 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.29 Scoping-environmental impact statement and supplement to environmental impact statement. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 72 FR 49510, Aug. 28, 2007] | (a) The scoping process for an environmental impact statement shall begin as soon as practicable after publication of the notice of intent as provided in § 51.116, and shall be used to: (1) Define the proposed action which is to be the subject of the statement or supplement. For environmental impact statements other than a supplement to an early site permit final environmental impact statement prepared for a combined license application, the provisions of 40 CFR 1502.4 will be used for this purpose. For a supplement to an early site permit final environmental impact statement prepared for a combined license application, the proposed action shall be as set forth in the relevant provisions of § 51.92(e). (2) Determine the scope of the statement and identify the significant issues to be analyzed in depth. (3) Identify and eliminate from detailed study issues which are peripheral or are not significant or which have been covered by prior environmental review. Discussion of these issues in the statement will be limited to a brief presentation of why they are peripheral or will not have a significant effect on the quality of the human environment or a reference to their coverage elsewhere. (4) Identify any environmental assessments and other environmental impact statements which are being or will be prepared that are related to but are not part of the scope of the statement under consideration. (5) Identify other environmental review and consultation requirements related to the proposed action so that other required analyses and studies may be prepared concurrently and integrated with the environmental impact statement. (6) Indicate the relationship between the timing of the preparation of environmental analyses and the Commission's tentative planning and decision-making schedule. (7) Identify any cooperating agencies, and as appropriate, allocate assignments for preparation and schedules for completion of the statement to the NRC and any cooperating agencies. (8) Describe the means by which the environmental i… | ||||
| 10:10:2.0.1.1.1.1.35.18 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.30 Environmental assessment. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 49 FR 34694, Aug. 31, 1984; 53 FR 31681, Aug. 19, 1988; 72 FR 49510, Aug. 28, 2007; 79 FR 56260, Sept. 19, 2014] | (a) An environmental assessment for proposed actions, other than those for a standard design certification under 10 CFR part 52 or a manufacturing license under part 52, shall identify the proposed action and include: (1) A brief discussion of: (i) The need for the proposed action; (ii) Alternatives as required by section 102(2)(E) of NEPA; (iii) The environmental impacts of the proposed action and alternatives as appropriate; and (2) A list of agencies and persons consulted, and identification of sources used. (b) As stated in § 51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be considered in the environmental assessment, if the impacts of continued storage of spent fuel are relevant to the proposed action. (c) An environmental assessment for a proposed action regarding a monitored retrievable storage installation (MRS) will not address the need for the MRS or any alternative to the design criteria for an MRS set forth in section 141(b)(1) of the Nuclear Waste Policy Act of 1982 (96 Stat. 2242, 42 U.S.C. 10161(b)(1)). (d) An environmental assessment for a standard design certification under subpart B of part 52 of this chapter must identify the proposed 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 mitigatio… | ||||
| 10:10:2.0.1.1.1.1.35.19 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.31 Determinations based on environmental assessment. | NRC | [72 FR 49510, Aug. 28, 2007] | (a) General. Upon completion of an environmental assessment for proposed actions other than those involving a standard design certification or a manufacturing license under part 52 of this chapter, the appropriate NRC staff director will determine whether to prepare an environmental impact statement or a finding of no significant impact on the proposed action. As provided in § 51.33, a determination to prepare a draft finding of no significant impact may be made. (b) Standard design certification. (1) For actions involving the issuance or amendment of a standard design certification, the Commission shall prepare a draft environmental assessment for public comment as part of the proposed rule. The proposed rule must state that: (i) The Commission has determined in § 51.32 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 SAMDAs as required by § 51.30(d). (2) The Commission will prepare a final environmental assessment following the close of the public comment period for the proposed standard design certification. (c) Manufacturing license. (1) Upon completion of the environmental assessment for actions involving issuance or amendment of a manufacturing license (manufacturing license environmental assessment), 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. The NRC staff director may determine to prepare a draft environmental assessment. (2) The manufacturing license environmental assessment must state that: (i) The Commission has determined in § 51.32 that there is no significant environmental impact associated with the issuance of a manufacturing license or an amendment to a manuf… | ||||
| 10:10:2.0.1.1.1.1.36.20 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.32 Finding of no significant impact. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 72 FR 49511, Aug. 28, 2007] | (a) A finding of no significant impact will: (1) Identify the proposed action; (2) State that the Commission has determined not to prepare an environmental impact statement for the proposed action; (3) Briefly present the reasons why the proposed action will not have a significant effect on the quality of the human environment; (4) Include the environmental assessment or a summary of the environmental assessment. If the assessment is included, the finding need not repeat any of the discussion in the assessment but may incorporate it by reference; (5) Note any other related environmental documents; and (6) State that the finding and any related environmental documents are available for public inspection and where the documents may be inspected. (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 of this chapter; (2) An amendment to a design certification; (3) A manufacturing license under subpart F of part 52 of this chapter; or (4) An amendment to a manufacturing license. | ||||
| 10:10:2.0.1.1.1.1.36.21 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.33 Draft finding of no significant impact; distribution. | NRC | (a) As provided in paragraph (b) of this section, the appropriate NRC staff director may make a determination to prepare and issue a draft finding of no significant impact for public review and comment before making a final determination whether to prepare an environmental impact statement or a final finding of no significant impact on the proposed action. (b) Circumstances in which a draft finding of no significant impact may be prepared will ordinarily include the following: (1) A finding of no significant impact appears warranted for the proposed action but the proposed action is (i) closely similar to one which normally requires the preparation of an environmental impact statement, or (ii) without precedent; and (2) The appropriate NRC staff director determines that preparation of a draft finding of no significant impact will further the purposes of NEPA. (c) A draft finding of no significant impact will (1) be marked “Draft”, (2) contain the information specified in § 51.32, (3) be accompanied by or include a request for comments on the proposed action and on the draft finding within thirty (30) days, or such longer period as may be specified in the notice of the draft finding, and (4) be published in the Federal Register as required by §§ 51.35 and 51.119. (d) A draft finding will be distributed as provided in § 51.74(a). Additional copies will be made available in accordance with § 51.123. (e) When a draft finding of no significant impact is issued for a proposed action, a final determination to prepare an environmental impact statement or a final finding of no significant impact for that action shall not be made until the last day of the public comment period has expired. | |||||
| 10:10:2.0.1.1.1.1.36.22 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.34 Preparation of finding of no significant impact. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 77 FR 46600, Aug. 3, 2012; 79 FR 66604, Nov. 10, 2014' 88 FR 80949, Nov. 21, 2023] | (a) Except as provided in paragraph (b) of this section, the finding of no significant impact will be prepared by the NRC staff director authorized to take the action. (b) When a hearing is held on the proposed action under the regulations in part 2 of this chapter or when the action can only be taken by the Commissioners acting as a collegial body, the appropriate NRC staff director will prepare a proposed finding of no significant impact, which may be subject to modification as a result of review and decision as appropriate to the nature and scope of the proceeding. In such cases, the presiding officer, or the Commission acting as a collegial body, as appropriate, will issue the final finding of no significant impact. | ||||
| 10:10:2.0.1.1.1.1.36.23 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.35 Requirement to publish finding of no significant impact; limitation on Commission action. | NRC | (a) Whenever the Commission makes a draft or final finding of no significant impact on a proposed action, the finding will be published in the Federal Register as provided in § 51.119. (b) Except as provided in § 51.13, the Commission shall not take the proposed action until after the final finding has been published in the Federal Register. | |||||
| 10:10:2.0.1.1.1.1.38.24 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.40 Consultation with NRC staff. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 53 FR 13399, Apr. 25, 1988; 60 FR 24552, May 9, 1995; 68 FR 58810, Oct. 10, 2003; 73 FR 5724, Jan. 31, 2008; 84 FR 65644, Nov. 29, 2019] | (a) A prospective applicant or petitioner for rulemaking is encouraged to confer with NRC staff as early as possible in its planning process before submitting environmental information or filing an environmental report. (b) Requests for guidance or information on environmental matters may include inquiries relating to: (1) Applicable NRC rules and regulations; (2) Format, content and procedures for filing environmental reports and other environmental information, including the type and quantity of environmental information likely to be needed to address issues and concerns identified in the scoping process described in § 51.29 in a manner appropriate to their relative significance; (3) Availability of relevant environmental studies and environmental information; (4) Need for, appropriate level and scope of any environmental studies or information which the Commission may require to be submitted in connection with an application or petition for rulemaking; (5) Public meetings with NRC staff. (c) Questions concerning environmental matters should be addressed to the following NRC staff offices as appropriate: (1) Utilization facilities: ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-1270, e-mail RidsNrrOd@nrc.gov. (2) Production facilities: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-7800, e-mail RidsNmssOd@nrc.gov. (3) Materials licenses: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-7800, e-mail RidsNmssOd@nrc.gov. (4) Rulemaking: ATTN: Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commi… | ||||
| 10:10:2.0.1.1.1.1.38.25 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.41 Requirement to submit environmental information. | NRC | 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 section 102(2) of NEPA. The Commission will independently evaluate and be responsible for the reliability of any information which it uses. | |||||
| 10:10:2.0.1.1.1.1.39.26 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.45 Environmental report. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 61 FR 28486, June 5, 1996; 61 FR 66542, Dec. 18, 1996; 68 FR 58810, Oct. 10, 2003; 72 FR 49511, Aug. 28, 2007; 72 FR 57443, Oct. 9, 2007; 73 FR 22787, Apr. 28, 2008; 76 FR 56965, Sept. 15, 2011; 89 FR 106252, Dec. 30, 2024] | (a) General. As required by § 51.50, § 51.53, § 51.54, § 51.55, § 51.56, § 51.60, § 51.61, § 51.62, or § 51.68, as appropriate, each applicant or petitioner for rulemaking shall 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. (b) Environmental considerations. The environmental report shall contain a description of the proposed action, a statement of its purposes, a description of the environment affected, and discuss the following considerations: (1) The impact of the proposed action on the environment. Impacts shall be discussed in proportion to their significance; (2) Any adverse environmental effects which cannot be avoided should the proposal be implemented; (3) Alternatives to the proposed action. The discussion of alternatives shall be sufficiently complete to aid the Commission in developing and exploring, pursuant to section 102(2)(E) of NEPA, “appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources.” To the extent practicable, the environmental impacts of the proposal and the alternatives should be presented in comparative form; (4) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and (5) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. (c) Analysis. The environmental report must include an analysis that considers and balances the environmental effects of the proposed action, the environmental impacts of alternatives to the proposed action, and alternatives available for reducing or avoiding adverse environmental effects. An environmental report required for materials licenses under § 51.60 must… | ||||
| 10:10:2.0.1.1.1.1.40.27 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.49 Environmental report—limited work authorization. | NRC | [72 FR 57444, Oct. 9, 2007] | (a) Limited work authorization submitted as part of complete construction permit or combined license application. Each applicant for a construction permit or combined license applying for a limited work authorization under § 50.10(d) of this chapter in a complete application under 10 CFR 2.101(a)(1) through (a)(4), shall submit with its application a separate document, entitled, “Applicant's Environmental Report—Limited Work Authorization Stage,” which is in addition to the environmental report required by § 51.50 of this part. Each environmental report must also contain the following information: (1) A description of the activities proposed to be conducted under the limited work authorization; (2) A statement of the need for the activities; and (3) A description of the environmental impacts that may reasonably be expected to result from the activities, the mitigation measures that the applicant proposes to implement to achieve the level of environmental impacts described, and a discussion of the reasons for rejecting mitigation measures that could be employed by the applicant to further reduce environmental impacts. (b) Phased application for limited work authorization and construction permit or combined license. If the construction permit or combined license application is filed in accordance with § 2.101(a)(9) of this chapter, then the environmental report for part one of the application may be limited to a discussion of the activities proposed to be conducted under the limited work authorization. If the scope of the environmental report for part one is so limited, then part two of the application must include the information required by § 51.50, as applicable. (c) Limited work authorization submitted as part of an early site permit application. Each applicant for an early site permit under subpart A of part 52 of this chapter requesting a limited work authorization shall submit with its application the environmental report required by § 51.50(b). Each environmental report must contain the following… | ||||
| 10:10:2.0.1.1.1.1.40.28 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.50 Environmental report—construction permit, early site permit, or combined license stage. | NRC | [72 FR 49511, Aug. 28, 2007, as amended at 79 FR 56260, Sept. 19, 2014] | (a) Construction permit stage. Each applicant for a permit to construct a production or utilization facility covered by § 51.20 shall submit with its application a separate document, entitled “Applicant's Environmental Report—Construction Permit Stage,” which shall contain the information specified in §§ 51.45, 51.51, and 51.52. Each environmental report shall identify procedures for reporting and keeping records of environmental data, and any conditions and monitoring requirements for protecting the non-aquatic environment, proposed for possible inclusion in the license as environmental conditions in accordance with § 50.36b of this chapter. As stated in § 51.23, no discussion of the environmental impacts of the continued storage of spent fuel is required in this report. (b) Early site permit stage. Each applicant for an early site permit shall submit with its application a separate document, entitled “Applicant's Environmental Report—Early Site Permit Stage,” which shall contain the information specified in §§ 51.45, 51.51, and 51.52, as modified in this paragraph. (1) The environmental report must include an evaluation of alternative sites to determine whether there is any obviously superior alternative to the site proposed. (2) The environmental report may address one or more 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, provided however, that the environmental report must address all environmental effects of construction and operation necessary to determine whether there is any obviously superior alternative to the site proposed. The environmental report need not include an assessment of the economic, technical, or other benefits (for example, need for power) and costs of the proposed action or an evaluation of alternative energy sources. As stated in § 51.23, no discussion of the environmental impacts of the continued storage … | ||||
| 10:10:2.0.1.1.1.1.40.29 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.51 Uranium fuel cycle environmental data—Table S-3. | NRC | [49 FR 9381, Mar. 12, 1984; 49 FR 10922, Mar. 23, 1984, as amended at 67 FR 77652, Dec. 19, 2002; 72 FR 49512, Aug. 28, 2007] | (a) Under § 51.50, every environmental report 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 on or after September 4, 1979, shall 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 shall be included in the environmental report and may be supplemented by a discussion of the environmental significance 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]] 1 In some cases where no entry appears it is clear from the background documents that the matter was addressed and that, in effect, the Table should be read as if a specific zero entry had been made. However, there are other areas that are not addressed at all in the Table. 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 Environm… | ||||
| 10:10:2.0.1.1.1.1.40.30 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.52 Environmental effects of transportation of fuel and waste—Table S-4. | NRC | [49 FR 9381, Mar. 12, 1984; 49 FR 10922, Mar. 23, 1984, as amended at 53 FR 43420, Oct. 27, 1988; 72 FR 49512, Aug. 28, 2007; 79 FR 66604, Nov. 10, 2014; 86 FR 67843, Nov. 30, 2021] | Under § 51.50, every environmental report 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, shall contain a statement concerning transportation of fuel and radioactive wastes to and from the reactor. That statement shall indicate that the reactor and this transportation either meet 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 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 shall 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 u… | ||||
| 10:10:2.0.1.1.1.1.40.31 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.53 Postconstruction environmental reports. | NRC | [61 FR 66543, Dec. 18, 1996, as amended at 64 FR 48506, Sept. 3, 1999; 68 FR 58810, Oct. 10, 2003; 72 FR 49513, Aug. 28, 2007; 78 FR 37316, June 20, 2013; 79 FR 56260, Sept. 19, 2014; 79 FR 66604, Nov. 10, 2014; 89 FR 64189, Aug. 6, 2024] | (a) General. Any environmental report prepared under the provisions of this section may incorporate by reference any information contained in a prior environmental report or supplement thereto that relates to the production or utilization facility or site, or any information contained in a final environmental document previously prepared by the NRC staff that relates to the production or utilization facility or site. 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 license renewal stage; NRC staff-prepared final generic environmental impact statements; and environmental assessments and records of decisions prepared in connection with the construction permit, operating license, early site permit, combined license and any license amendment for that facility. (b) Operating license stage. Each applicant for a license to operate a production or utilization facility covered by § 51.20 shall submit with its application a separate document entitled “Supplement to Applicant's Environmental Report—Operating License Stage,” which will update “Applicant's Environmental Report—Construction Permit Stage.” Unless otherwise required by the Commission, the applicant for an operating license for a nuclear power reactor shall submit this report only in connection with the first licensing action authorizing full-power operation. In this report, the applicant shall discuss the same matters described in §§ 51.45, 51.51, and 51.52, but only to the extent that they differ from those discussed or reflect new information in addition to that discussed in the final environmental impact statement prepared by the Commission in connection with the construction permit. No discussion of need for power, or of alternative energy sources, or of alternative sites for the facility, is required in this report. As stated in § 51.23, no discussion of the environmental impacts of the continued stor… | ||||
| 10:10:2.0.1.1.1.1.40.32 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.54 Environmental report—manufacturing license. | NRC | [72 FR 49513, Aug. 28, 2007] | (a) Each applicant for a manufacturing license under subpart F of part 52 of this chapter shall submit with its application a separate document entitled, “Applicant's Environmental Report—Manufacturing License.” The environmental report must address 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. (b) Each applicant for an amendment to a manufacturing license shall submit with its application a separate document entitled, “Applicant's Supplemental Environmental Report—Amendment to Manufacturing License.” The environmental report must address 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. | ||||
| 10:10:2.0.1.1.1.1.40.33 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.55 Environmental report—standard design certification. | NRC | [72 FR 49513, Aug. 28, 2007] | (a) Each applicant for a standard design certification under subpart B of part 52 of this chapter shall submit with its application a separate document entitled, “Applicant's Environmental Report—Standard Design Certification.” The environmental report must address the costs and benefits of severe accident mitigation design alternatives, and the bases for not incorporating severe accident mitigation design alternatives in the design to be certified. (b) Each applicant for an amendment to a design certification shall submit with its application a separate document entitled, “Applicant's Supplemental Environmental Report—Amendment to Standard Design Certification.” The environmental report must address 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. | ||||
| 10:10:2.0.1.1.1.1.40.34 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.56 Environmental report—non-power production or utilization facility. | NRC | [89 FR 106252, Dec. 30, 2024] | 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 § 50.21(a) or (c) or § 50.22 of this chapter shall submit a separate document, entitled “Applicant's Environmental Report” or “Supplement to Applicant's Environmental Report,” as appropriate, with its application to: ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation. The environmental report or supplement shall contain the information specified in § 51.45. 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, shall 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. | ||||
| 10:10:2.0.1.1.1.1.40.35 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.58 Environmental report—number of copies; distribution. | NRC | [72 FR 49513, Aug. 28, 2007, as amended at 74 FR 62682, Dec. 1, 2009; 84 FR 65645, Nov. 29, 2019] | (a) Each applicant for a license or permit to site, construct, manufacture, or operate a production or utilization facility covered by §§ 51.20(b)(1), (b)(2), (b)(3), or (b)(4), each applicant for renewal of an operating or combined license for a nuclear power plant, each applicant for a license amendment authorizing the decommissioning of a production or utilization facility covered by § 51.20, and each applicant for a license or license amendment to store spent fuel at a nuclear power plant after expiration of the operating license or combined license for the nuclear power plant shall submit a copy to the Director of the Office of Nuclear Reactor Regulation, or the Director of the Office of Nuclear Material Safety and Safeguards, as appropriate, of an environmental report or any supplement to an environmental report. These reports must be sent either by mail addressed: ATTN: Document Control Desk; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland, between the hours of 7:30 a.m. and 4:15 p.m. eastern time; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. If the communication is on paper, the signed original must be sent. If a submission due date falls on a Saturday, Sunday, or Federal holiday, the next Federal w… | ||||
| 10:10:2.0.1.1.1.1.41.36 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.60 Environmental report—materials licenses. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 53 FR 31681, Aug. 19, 1988; 57 FR 18392, Apr. 30, 1992; 58 FR 7737, Feb. 9, 1993; 62 FR 26732, May 14, 1997; 68 FR 58811, Oct. 10, 2003] | (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, shall submit with its application to: ATTN: Document Control Desk, Director, Nuclear Material Safety and Safeguards, a separate document, entitled “Applicant's Environmental Report” or “Supplement to Applicant's Environmental Report,” as appropriate. The “Applicant's Environmental Report” shall contain the information specified in § 51.45. 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 applicant's environmental report may be limited to incorporating by reference, updating or supplementing the information previously submitted to reflect any significant environmental change, including any significant environmental change resulting from operational experience or a change in operations or proposed decommissioning activities. If the applicant is the U.S. Department of Energy, the environmental report may be in the form of either an environmental impact statement or an environmental assessment, as appropriate. (b) As required by paragraph (a) of this section, each applicant shall prepare an environmental report for the following types of actions: (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 radio-active waste in a monitored retrie… | ||||
| 10:10:2.0.1.1.1.1.41.37 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.61 Environmental report—independent spent fuel storage installation (ISFSI) or monitored retrievable storage installation (MRS) license. | NRC | [79 FR 56261, Sept. 19, 2014] | Each applicant for issuance of a license for storage of spent fuel in an independent spent fuel storage installation (ISFSI) or for the storage of spent fuel and high-level radioactive waste in a monitored retrievable storage installation (MRS) pursuant to part 72 of this chapter shall submit with its application to: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards, a separate document entitled “Applicant's Environmental Report—ISFSI License” or “Applicant's Environmental Report—MRS License,” as appropriate. If the applicant is the U.S. Department of Energy, the environmental report may be in the form of either an environmental impact statement or an environmental assessment, as appropriate. The environmental report shall contain the information specified in § 51.45 and shall address the siting evaluation factors contained in subpart E of part 72 of this chapter. As stated in § 51.23, no discussion of the environmental impacts of the continued storage of spent fuel in an ISFSI is required in this report. | ||||
| 10:10:2.0.1.1.1.1.41.38 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.62 Environmental report—land disposal of radioactive waste licensed under 10 CFR part 61. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 53 FR 43420, Oct. 27, 1988; 64 FR 48952, Sept. 9, 1999; 68 FR 58811, Oct. 10, 2003] | (a) Each applicant for issuance of a license for land disposal of radioactive waste pursuant to part 61 of this chapter shall submit with its application to: ATTN: Document Control Desk, Director of Nuclear Material Safety and Safeguards, a separate document, entitled “Applicant's Environmental Report—License for Land Disposal of Radioactive Waste.” 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 Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. (b) The environmental report shall contain the information specified in § 51.45, shall address the applicant's environmental monitoring program required by §§ 61.12(l), 61.53 and 61.59(b) of this chapter, and shall be as complete as possible in the light of information that is available at the time the environmental report is submitted. (c) The applicant shall 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. | ||||
| 10:10:2.0.1.1.1.1.41.39 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.66 Environmental report—number of copies; distribution. | NRC | [72 FR 49514, Aug. 28, 2007] | 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 under parts 30, 32, 33, 34, 35, 36, 39, 40, 61, 70, and/or 72 of this chapter, and covered by §§ 51.60(b)(1) through (6); or by §§ 51.61 or 51.62 shall submit to the Director of Nuclear Material Safety and Safeguards an environmental report or any supplement to an environmental report in the manner specified in § 51.58(a). The applicant shall maintain the capability to generate additional copies of the environmental report or any supplement to the environmental report for subsequent distribution to Federal, State, and local officials, and any affected Indian Tribes in accordance with written instructions issued by the Director of Nuclear Material Safety and Safeguards. | ||||
| 10:10:2.0.1.1.1.1.41.40 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.67 Environmental information concerning geologic repositories. | NRC | [54 FR 27870, July 3, 1989, as amended at 66 FR 55791, Nov. 2, 2001] | (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 63 of this chapter, shall submit to the Commission any final environmental impact statement which the Department 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 § 60.22 or § 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 significant 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 § 60.22 or § 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 section 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. | ||||
| 10:10:2.0.1.1.1.1.42.41 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.68 Environmental report—rulemaking. | NRC | [68 FR 58811, Oct. 10, 2003] | 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, commodity or other product containing byproduct material, source material or special nuclear material shall submit with the petition a separate document entitled “Petitioner's Environmental Report,” which shall contain the information specified in § 51.45. | ||||
| 10:10:2.0.1.1.1.1.44.42 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.70 Draft environmental impact statement—general. | NRC | (a) The NRC staff will prepare a draft environmental impact statement as soon as practicable after publication of the notice of intent to prepare an environmental impact statement and completion of the scoping process. To the fullest extent practicable, environmental impact statements will be prepared concurrently or integrated with environmental impact analyses and related surveys and studies required by other Federal law. (b) The draft environmental impact statement will be concise, clear and analytic, will be written in plain language with appropriate graphics, will state how alternatives considered in it and decisions based on it will or will not achieve the requirements of sections 101 and 102(1) of NEPA and of any other relevant and applicable environmental laws and policies, will identify any methodologies used and sources relied upon, and will be supported by evidence that the necessary environmental analyses have been made. The format provided in section 1(a) of appendix A of this subpart should be used. The NRC staff will independently evaluate and be responsible for the reliability of all information used in the draft environmental impact statement. (c) The Commission will cooperate with State and local agencies to the fullest extent possible to reduce duplication between NEPA and State and local requirements, in accordance with 40 CFR 1506.2 (b) and (c). | |||||
| 10:10:2.0.1.1.1.1.44.43 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.71 Draft environmental impact statement—contents. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 61 FR 28488, June 5, 1996; 61 FR 66544, Dec. 18, 1996; 72 FR 49514, Aug. 28, 2007; 72 FR 57445, Oct. 9, 2007; 78 FR 37317, June 20, 2013] | (a) Scope. The draft environmental impact statement will be prepared in accordance with the scope decided upon in the scoping process required by §§ 51.26 and 51.29. As appropriate and to the extent required by the scope, the draft statement will address the topics in paragraphs (b), (c), (d) and (e) of this section and the matters specified in §§ 51.45, 51.50, 51.51, 51.52, 51.53, 51.54, 51.61 and 51.62. (b) Analysis of major points of view. To the extent sufficient information is available, the draft environmental impact statement will include consideration of major points of view concerning the environmental impacts of the proposed action and the alternatives, and contain an analysis of significant problems and objections raised by other Federal, State, and local agencies, by any affected Indian Tribes, and by other interested persons. (c) Status of compliance. The draft environmental impact statement will list all Federal permits, licenses, approvals, and other entitlements which must be obtained in implementing the proposed action and will describe the status of compliance with those requirements. If it is uncertain whether a Federal permit, license, approval, or other entitlement is necessary, the draft environmental impact statement will so indicate. (d) Analysis. Unless excepted in this paragraph or § 51.75, the draft environmental impact statement will include a preliminary analysis that considers and weighs the environmental effects, including any cumulative effects, of the proposed action; the environmental impacts of alternatives to the proposed action; and alternatives available for reducing or avoiding adverse environmental effects. Additionally, the draft environmental impact statement will include a consideration of the economic, technical, and other benefits and costs of the proposed action and alternatives. The draft environmental impact statement will indicate what other interests and considerations of Federal policy, including factors not related to environmental quality, if applica… | ||||
| 10:10:2.0.1.1.1.1.44.44 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.72 Supplement to draft environmental impact statement. | NRC | (a) The NRC staff will prepare a supplement to a draft environmental impact statement for which a notice of availability has been published in the Federal Register as provided in § 51.117, if: (1) There are substantial changes in the proposed action that are relevant to environmental concerns; or (2) There are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. (b) The NRC staff may prepare a supplement to a draft environmental impact statement when, in its opinion, preparation of a supplement will further the purposes of NEPA. (c) The supplement to a draft environmental impact statement will be prepared and noticed in the same manner as the draft environmental impact statement except that a scoping process need not be used. | |||||
| 10:10:2.0.1.1.1.1.44.45 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.73 Request for comments on draft environmental impact statement. | NRC | Each draft environmental impact statement and each supplement to a draft environmental impact statement distributed in accordance with § 51.74, and each news release provided pursuant to § 51.74(d) will be accompanied by or include a request for comments on the proposed action and on the draft environmental impact statement or any supplement to the draft environmental impact statement and will state where comments should be submitted and the date on which the comment period closes. A minimum comment period of 45 days will be provided. The comment period will be calculated from the date on which the Environmental Protection Agency notice stating that the draft statement or the supplement to the draft statement has been filed with EPA is published in the Federal Register. If no comments are provided within the time specified, it will be presumed, unless the agency or person requests an extension of time, that the agency or person has no comment to make. To the extent practicable, NRC staff will grant reasonable requests for extensions of time of up to fifteen (15) days. | |||||
| 10:10:2.0.1.1.1.1.44.46 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.74 Distribution of draft environmental impact statement and supplement to draft environmental impact statement; news releases. | NRC | (a) A copy of the draft environmental impact statement will be distributed to: (1) The Environmental Protection Agency. (2) Any other Federal agency which has special expertise or jurisdiction by law with respect to any environmental impact involved or which is authorized to develop and enforce relevant environmental standards. (3) The applicant or petitioner for rulemaking and any other party to the proceeding. (4) Appropriate State and local agencies authorized to develop and enforce relevant environmental standards. (5) Appropriate State, regional and metropolitan clearinghouses. (6) Appropriate Indian Tribes when the proposed action may have an environmental impact on a reservation. (7) Upon written request, any organization or group included in the master list of interested organizations and groups maintained under § 51.122. (8) Upon written request, any other person to the extent available. (b) Additional copies will be made available in accordance with § 51.123. (c) A supplement to a draft environmental impact statement will be distributed in the same manner as the draft environmental impact statement to which it relates. (d) News releases stating the availability for comment and place for obtaining or inspecting a draft environmental statement or supplement will be provided to local newspapers and other appropriate media. (e) A notice of availability will be published in the Federal Register in accordance with § 51.117. | |||||
| 10:10:2.0.1.1.1.1.45.47 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.75 Draft environmental impact statement—construction permit, early site permit, or combined license. | NRC | [72 FR 49514, Aug. 28, 2007, as amended at 79 FR 56261, Sept. 19, 2014] | (a) Construction permit stage. A draft environmental impact statement relating to issuance of a construction permit for a production or utilization facility will be prepared in accordance with the procedures and measures described in §§ 51.70, 51.71, 51.72, and 51.73. The contribution of the environmental effects of the uranium fuel cycle activities specified in § 51.51 shall 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 draft environmental impact statement. 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. 5 The impact statement shall take account of dose commitments and health effects from fuel cycle effluents set forth in Table S-3 and shall in addition take account of economic, socioeconomic, and possible cumulative impacts and other fuel cycle impacts as may reasonably appear significant. As stated in § 51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be deemed incorporated into the environmental impact statement. 5 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 draft environmental impact statement and may be the subject of litigation in individual licensing proceedings. (b) Early site permit stage. A draft environmental impact statement relating to issuance of an early site permit for a production or utilization facility will be prepared in accordance with the procedures and measures described in §§ 51.70, 51.71, 51.72, 51.73, and this section. The contribution of the environmental effects of the uranium fuel cycle activities specified in § 51.51 shall be evaluated on the basis of impact values set forth in Table S-3, Table… | ||||
| 10:10:2.0.1.1.1.1.45.48 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.76 Draft environmental impact statement—limited work authorization. | NRC | [72 FR 57445, Oct. 9, 2007] | The NRC will prepare a draft environmental impact statement relating to issuance of a limited work authorization in accordance with the procedures and measures described in §§ 51.70, 51.71, and 51.73, as further supplemented or modified 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, then the NRC may prepare a partial draft environmental impact statement. The analysis called for by § 51.71(d) must be limited to the activities proposed to be conducted under the limited work authorization. Alternatively, the NRC may prepare a complete draft environmental impact statement prepared in accordance with § 51.75(a) or (c), as applicable. (b) Phased application for limited work authorization under § 2.101(a)(9) of this chapter. If the application for a limited work authorization is submitted in accordance with § 2.101(a)(9) of this chapter, then the draft environmental impact statement 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. However, if the environmental report contains the full set of information required to be submitted under § 51.50(a) or (c), then a draft environmental impact statement must be prepared in accordance with § 51.75(a) or (c), as applicable. Siting issues, including whether there is an obviously superior alternative site, or issues related to operation of the proposed nuclear power plant at the site, including need for power, may not be considered. After part two of the application is docketed, the NRC will prepare a draft supplement to the final environmental impact statement for part two of the application under § 51.72. No updating of the information contained in the final environmental impact statement prepared for part one is nece… | ||||
| 10:10:2.0.1.1.1.1.45.49 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.77 Distribution of draft environmental impact statement. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 54 FR 15398, Apr. 18, 1989; 88 FR 57878, Aug. 24, 2023] | (a) In addition to the distribution authorized by § 51.74, a copy of a draft environmental statement for a licensing action for a production or utilization facility, except an action authorizing issuance, amendment or renewal of a license to manufacture a nuclear power reactor pursuant to 10 CFR part 52, subpart F will also be distributed to: (1) The chief executive of the municipality or county identified in the draft environmental impact statement as the preferred site for the proposed facility or activity. (2) Upon request, the chief executive of each municipality or county identified in the draft environmental impact statement as an alternative site. (b) Additional copies will be made available in accordance with § 51.123. | ||||
| 10:10:2.0.1.1.1.1.46.50 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.80 Draft environmental impact statement—materials license. | NRC | [49 FR 34695, Aug. 31, 1984, as amended at 53 FR 31682, Aug. 19, 1988; 79 FR 56262, Sept. 19, 2014] | (a) The NRC staff will either prepare a draft environmental impact statement or as provided in § 51.92, a supplement to a final environmental impact statement for each type of action identified in § 51.20(b) (7) through (12). Except as the context may otherwise require, procedures and measures similar to those described in §§ 51.70, 51.71, 51.72 and 51.73 will be followed. (b)(1) Independent spent fuel storage installation (ISFSI). As stated in § 51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be deemed incorporated in the environmental impact statement. (2) Monitored retrievable storage installation (MRS). As provided in sections 141 (c), (d), and (e) and 148 (a) and (c) of the Nuclear Waste Policy Act of 1982, as amended (NWPA) (96 Stat. 2242, 2243, 42 U.S.C. 10161 (c), (d), (e); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168 (a) and (c)), a draft environmental impact statement for the construction of a monitored retrievable storage installation (MRS) will not address the need for the MRS or any alternative to the design criteria for an MRS set forth in section 141(b)(1) of the NWPA (96 Stat. 2242, 42 U.S.C. 10161(b)(1)) but may consider alternative facility designs which are consistent with these design criteria. | ||||
| 10:10:2.0.1.1.1.1.46.51 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.81 Distribution of draft environmental impact statement. | NRC | Copies of the draft environmental impact statement and any supplement to the draft environmental impact statement will be distributed in accordance with the provisions of § 51.74. | |||||
| 10:10:2.0.1.1.1.1.47.52 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.85 Draft environmental impact statement—rulemaking. | NRC | Except as the context may otherwise require, procedures and measures similar to those described in §§ 51.70, 51.71, 51.72 and 51.73 will be followed in proceedings for rulemaking for which the Commission has determined to prepare an environmental impact statement. | |||||
| 10:10:2.0.1.1.1.1.47.53 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.86 Distribution of draft environmental impact statement. | NRC | Copies of the draft environmental impact statement and any supplement to the draft environmental impact statement will be distributed in accordance with the provisions of § 51.74. | |||||
| 10:10:2.0.1.1.1.1.48.54 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.88 Proposals for legislation. | NRC | The Commission will, as a matter of policy, follow the provisions of 40 CFR 1506.8 regarding the NEPA process for proposals for legislation. | |||||
| 10:10:2.0.1.1.1.1.49.55 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.90 Final environmental impact statement—general. | NRC | After receipt and consideration of comments requested pursuant to §§ 51.73 and 51.117, the NRC staff will prepare a final environmental impact statement in accordance with the requirements in §§ 51.70(b) and 51.71 for a draft environmental impact statement. The format provided in section 1(a) of appendix A of this subpart should be used. | |||||
| 10:10:2.0.1.1.1.1.49.56 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.91 Final environmental impact statement—contents. | NRC | (a)(1) The final environmental impact statement will include responses to any comments on the draft environmental impact statement or on any supplement to the draft environmental impact statement. Responses to comments may include: (i) Modification of alternatives, including the proposed action; (ii) Development and evaluation of alternatives not previously given serious consideration; (iii) Supplementation or modification of analyses; (iv) Factual corrections; (v) Explanation of why comments do not warrant further response, citing sources, authorities or reasons which support this conclusion. (2) All substantive comments received on the draft environmental impact statement or any supplement to the draft environmental impact statement (or summaries thereof where the response has been exceptionally voluminous) will be attached to the final statement, whether or not each comment is discussed individually in the text of the statement. (3) If changes in the draft environmental impact statement in response to comments are minor and are confined either to factual corrections or to explanations of why the comments do not warrant further response, the changes may be made by attaching errata sheets to the draft statement. The entire document with a new cover may then be issued as the final environmental impact statement. (b) The final environmental impact statement will discuss any relevant responsible opposing view not adequately discussed in the draft environmental impact statement or in any supplement to the draft environmental impact statement, and respond to the issues raised. (c) The final environmental impact statement will state how the alternatives considered in it and decisions based on it will or will not achieve the requirements of sections 101 and 102(1) of NEPA and of any other relevant and applicable environmental laws and policies. (d) The final environmental impact statement will include a final analysis and a final recommendation on the action to be taken. | |||||
| 10:10:2.0.1.1.1.1.49.57 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.92 Supplement to the final environmental impact statement. | NRC | [72 FR 49515, Aug. 28, 2007] | (a) If the proposed action has not been taken, the NRC staff will prepare a supplement to a final environmental impact statement for which a notice of availability has been published in the Federal Register as provided in § 51.118, if: (1) There are substantial changes in the proposed action that are relevant to environmental concerns; or (2) There are new and significant circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. (b) In a proceeding for a combined license application under 10 CFR part 52 referencing an early site permit under part 52, the NRC staff shall prepare a supplement to the final environmental impact statement for the referenced early site permit in accordance with paragraph (e) of this section. (c) The NRC staff may prepare a supplement to a final environmental impact statement when, in its opinion, preparation of a supplement will further the purposes of NEPA. (d) The supplement to a final environmental impact statement will be prepared in the same manner as the final environmental impact statement except that a scoping process need not be used. (e) The supplement to an early site permit final environmental impact statement which is prepared for a combined license application in accordance with § 51.75(c)(1) and paragraph (b) of this section must: (1) Identify the proposed action as the issuance of a combined license for the construction and operation of a nuclear power plant as described in the combined license application at the site described in the early site permit referenced in the combined license application; (2) Incorporate by reference the final environmental impact statement prepared for the early site permit; (3) Contain no separate discussion of alternative sites; (4) Include an analysis of the economic, technical, and other benefits and costs of the proposed action, to the extent that the final environmental impact statement prepared for the early site permit did not include an assessment of these benefits… | ||||
| 10:10:2.0.1.1.1.1.49.58 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.93 Distribution of final environmental impact statement and supplement to final environmental impact statement; news releases. | NRC | (a) A copy of the final environmental impact statement will be distributed to: (1) The Environmental Protection Agency. (2) The applicant or petitioner for rulemaking and any other party to the proceeding. (3) Appropriate State, regional and metropolitan clearinghouses. (4) Each commenter. (b) Additional copies will be made available in accordance with § 51.123. (c) If the final environmental impact statement is unusually long or there are so many comments on a draft environmental impact statement or any supplement to a draft environmental impact statement that distribution of the entire final statement to all commenters is impracticable, a summary of the final statement and the substantive comments will be distributed. When the final environmental impact statement has been prepared by adding errata sheets to the draft environmental impact statement as provided in § 51.91(a)(3), only the comments, the responses to the comments and the changes to the environmental impact statement will be distributed. (d) A supplement to a final environmental impact statement will be distributed in the same manner as the final environmental impact statement to which it relates. (e) News releases stating the availability and place for obtaining or inspecting a final environmental impact statement or supplement will be provided to local newspapers and other appropriate media. (f) A notice of availability will be published in the Federal Register in accordance with § 51.118. | |||||
| 10:10:2.0.1.1.1.1.49.59 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.94 Requirement to consider final environmental impact statement. | NRC | The final environmental impact statement, together with any comments and any supplement, will accompany the application or petition for rulemaking through, and be considered in, the Commission's decisionmaking process. The final environmental impact statement, together with any comments and any supplement, will be made a part of the record of the appropriate adjudicatory or rulemaking proceeding. | |||||
| 10:10:2.0.1.1.1.1.50.60 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.95 Postconstruction environmental impact statements. | NRC | [61 FR 66545, Dec. 18, 1996, as amended at 72 FR 49516, Aug. 28, 2007; 78 FR 37317, June 20, 2013; 79 FR 56262, Sept. 19, 2014; 89 FR 64190, Aug. 6. 2024] | (a) General. Any supplement to a final environmental impact statement or any environmental assessment prepared under the provisions of this section may incorporate by reference any information contained in a final environmental document previously prepared by the NRC staff 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; NRC staff-prepared final generic environmental impact statements; environmental assessments and records of decisions 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. A supplement to a final environmental impact statement will include a request for comments as provided in § 51.73. (b) Initial operating license stage. In connection with the issuance of an operating license for a production or utilization facility, the NRC staff will prepare a supplement to the final environmental impact statement 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 impact statement or that reflect significant new information concerning matters discussed in the final environmental impact statement. Unless otherwise determined by the Commission, a supplement on the operation of a nuclear power plant will not include a discussion of need for power, or of alternative energy sources, or of alternative sites, and will only be prepared in connection with the first licensing action authorizing full-power operation. As stated in § 51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be deemed incorporated into the environmental impact statement. (c) Operating license renewal stage. In conne… | ||||
| 10:10:2.0.1.1.1.1.51.61 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.97 Final environmental impact statement—materials license. | NRC | [49 FR 34695, Aug. 31, 1984, as amended at 53 FR 31682, Aug. 19, 1988; 57 FR 18392, Apr. 30, 1992; 79 FR 56262, Sept. 19, 2014] | (a) Independent spent fuel storage installation (ISFSI). As stated in § 51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be deemed incorporated into the environmental impact statement. (b) Monitored retrievable storage facility (MRS). As provided in sections 141 (c), (d), and (e) and 148 (a) and (c) of the Nuclear Waste Policy Act of 1982, as amended (NWPA) (96 Stat. 2242, 2243, 42 U.S.C. 10161 (c), (d), (e); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168 (a), (c)) a final environmental impact statement for the construction of a monitored retrievable storage installation (MRS) will not address the need for the MRS or any alternative to the design criteria for an MRS set forth in section 141(b)(1) of the NWPA (96 Stat. 2242, 42 U.S.C. 10161(b)(1)) but may consider alternative facility designs which are consistent with these design criteria. (c) Uranium enrichment facility. As provided in section 5(e) of the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990 (104 Stat. 2834 at 2835, 42 U.S.C. 2243), a final environmental impact statement must be prepared before the hearing on the issuance of a license for a uranium enrichment facility is completed. | ||||
| 10:10:2.0.1.1.1.1.52.62 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.99 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.1.1.54.63 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.100 Timing of Commission action. | NRC | (a)(1) Except as provided in § 51.13 and paragraph (b) of this section, no decision on a proposed action, including the issuance of a permit, license, or other form of permission, or amendment to or renewal of a permit, license, or other form of permission, or the issuance of an effective regulation, for which an environmental impact statement is required, will be made and no record of decision will be issued until the later of the following dates: (i) Ninety (90) days after publication by the Environmental Protection Agency of a Federal Register notice stating that the draft environmental impact statement has been filed with EPA. (ii) Thirty (30) days after publication by the Environmental Protection Agency of a Federal Register notice stating that the final environmental impact statement has been filed with EPA. (2) If a notice of filing of a final environmental impact statement is published by the Environmental Protection Agency within ninety (90) days after a notice of filing of a draft environmental impact statement has been published by EPA, the minimum thirty (30) day period and the minimum ninety (90) day period may run concurrently to the extent they overlap. (b) In any rulemaking proceeding for the purpose of protecting the public health or safety or the common defense and security, the Commission may make and publish the decision on the final rule at the same time that the Environmental Protection Agency publishes the Federal Register notice of filing of the final environmental impact statement. | |||||
| 10:10:2.0.1.1.1.1.54.64 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.101 Limitations on actions. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 53 FR 31682, Aug. 19, 1988] | (a) Until a record of decision is issued in connection with a proposed licensing or regulatory action for which an environmental impact statement is required under § 51.20, or until a final finding of no significant impact is issued in connection with a proposed licensing or regulatory action for which an environmental assessment is required under § 51.21: (1) No action concerning the proposal may be taken by the Commission which would (i) have an adverse environmental impact, or (ii) limit the choice of reasonable alternatives. (2) Any action concerning the proposal taken by an applicant which would (i) have an adverse environmental impact, or (ii) limit the choice of reasonable alternatives may be grounds for denial of the license. In the case of an application covered by §§ 30.32(f), 40.31(f), 50.10(c), 70.21(f), or §§ 72.16 and 72.34 of this chapter, the provisions of this paragraph will be applied in accordance with §§ 30.33(a)(5), 40.32(e), 50.10 (c) and (e), 70.23(a)(7) or § 72.40(b) of this chapter, as appropriate. (b) While work on a required program environmental impact statement is in progress, the Commission will not undertake in the interim any major Federal action covered by the program which may significantly affect the quality of the human environment unless such action: (1) Is justified independently of the program; (2) Is itself accompanied by an adequate environmental impact statement; and (3) Will not prejudice the ultimate decision on the program. Absent any satisfactory explanation to the contrary, interim action which tends to determine subsequent development or limit reasonable alternatives, will be considered prejudicial. (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, or other form of permission, (1) from developing any plans or designs necessary to support an application; or (2) after prior notice and consultation with NRC staff, (i) from performing any physical work ne… | ||||
| 10:10:2.0.1.1.1.1.54.65 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.102 Requirement to provide a record of decision; preparation. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 77 FR 46600, Aug. 3, 2012; 79 FR 66604, Nov. 10, 2014; 88 FR 80949, Nov. 21, 2023] | (a) A Commission decision on any action for which a final environmental impact statement has been prepared shall be accompanied by or include a concise public record of decision. (b) Except as provided in paragraph (c) of this section, the record of decision will be prepared by the NRC staff director authorized to take the action. (c) When a hearing is held on the proposed action under the regulations in of part 2 of this chapter or when the action can only be taken by the Commissioners acting as a collegial body, the initial decision of the presiding officer or the final decision of the Commissioners acting as a collegial body will constitute the record of decision. An initial or final decision constituting the record of decision will be distributed as provided in § 51.93. | ||||
| 10:10:2.0.1.1.1.1.54.66 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.103 Record of decision—general. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 61 FR 28490, June 5, 1996; 61 FR 66546, Dec. 18, 1996; 61 FR 68543, Dec. 30, 1996; 72 FR 57445, Oct. 9, 2007] | (a) The record of decision required by § 51.102 shall be clearly identified and shall: (1) State the decision. (2) Identify all alternatives considered by the Commission in reaching the decision, state that these alternatives were included in the range of alternatives discussed in the environmental impact statement, and specify the alternative or alternatives which were considered to be environmentally preferable. (3) Discuss preferences among alternatives based on relevant factors, including economic and technical considerations where appropriate, the NRC's statutory mission, and any essential considerations of national policy, which were balanced by the Commission in making the decision and state how these considerations entered into the decision. (4) State whether the Commission has taken all practicable measures within its jurisdiction to avoid or minimize environmental harm from the alternative selected, and if not, to explain why those measures were not adopted. Summarize any license conditions and monitoring programs adopted in connection with mitigation measures. (5) In making a final decision on a license renewal action pursuant to part 54 of this chapter, the Commission shall determine whether or not the adverse environmental impacts of license renewal are so great that preserving the option of license renewal for energy planning decisionmakers would be unreasonable. (6) In a construction permit or a combined license proceeding where a limited work authorization under 10 CFR 50.10 was issued, the Commission's decision on the construction permit or combined license application will not address or consider the sunk costs associated with the limited work authorization in determining the proposed action. (b) The record of decision may be integrated into any other record prepared by the Commission in connection with the action. (c) The record of decision may incorporate by reference material contained in a final environmental impact statement. | ||||
| 10:10:2.0.1.1.1.1.54.67 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.104 NRC proceeding using public hearings; consideration of environmental impact statement. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 72 FR 57445, Oct. 9, 2007] | (a)(1) In any proceeding in which (i) a hearing is held on the proposed action, (ii) a final environmental impact statement has been prepared in connection with the proposed action, and (iii) matters within the scope of NEPA and this subpart are in issue, the NRC staff may not offer the final environmental impact statement in evidence or present the position of the NRC staff on matters within the scope of NEPA and this subpart until the final environmental impact statement is filed with the Environmental Protection Agency, furnished to commenting agencies and made available to the public. (2) Any party to the proceeding may take a position and offer evidence on the aspects of the proposed action within the scope of NEPA and this subpart in accordance with the provisions of part 2 of this chapter applicable to that proceeding or in accordance with the terms of the notice of hearing. (3) In the proceeding the presiding officer will decide those matters in controversy among the parties within the scope of NEPA and this subpart. (b) In any proceeding in which a hearing is held where the NRC staff has determined that no environmental impact statement need be prepared for the proposed action, unless the Commission orders otherwise, any party to the proceeding may take a position and offer evidence on the aspects of the proposed action within the scope of NEPA and this subpart in accordance with the provisions of part 2 of this chapter applicable to that proceeding or in accordance with the terms of the notice of hearing. In the proceeding, the presiding officer will decide any such matters in controversy among the parties. (c) In any proceeding in which a limited work authorization is requested, unless the Commission orders otherwise, a party to the proceeding may take a position and offer evidence only on the aspects of the proposed action within the scope of NEPA and this subpart which are within the scope of that party's admitted contention, in accordance with the provisions of part 2 of this chapter applicable … | ||||
| 10:10:2.0.1.1.1.1.55.68 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.105 Public hearings in proceedings for issuance of construction permits or early site permits; limited work authorizations. | NRC | [72 FR 49516, Aug. 28, 2007, as amended at 72 FR 57446, Oct. 9, 2007; 73 FR 5724, Jan. 31, 2008; 84 FR 65645, Nov. 29, 2019] | (a) In addition to complying with applicable requirements of § 51.104, in a proceeding for the issuance of a construction permit or early site permit for a nuclear power reactor, testing facility, fuel reprocessing plant or isotopic enrichment plant, the presiding officer will: (1) Determine whether the requirements of Sections 102(2) (A), (C), and (E) 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, and considering reasonable alternatives, whether the construction permit or early site permit 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 permit or early site permit should be issued as proposed by the NRC's Director, Office of Nuclear Reactor Regulation. (b) The presiding officer in an early site permit hearing shall not admit contentions proffered by any party concerning the benefits assessment (e.g., need for power) or alternative energy sources if those issues were not addressed by the applicant in the early site permit application. (c)(1) In addition to complying with the applicable provisions of § 51.104, in any proceeding for the issuance of a construction permit for a nuclear power plant or an early site permit under part 52 of this chapter, where the applicant requests a limited work authorization under § 50.10(d) of this chapter, the presiding officer shall— (i) Determine whether the requirements of Section 102(2)(A), (C), and (E) of NEPA and the regulations in the subpart have been met, with respect to the activit… | ||||
| 10:10:2.0.1.1.1.1.55.69 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.105a Public hearings in proceedings for issuance of manufacturing licenses. | NRC | [73 FR 5724, Jan. 31, 2008, as amended at 84 FR 65645, Nov. 29, 2019] | In addition to complying with applicable requirements of § 51.31(c), in a proceeding for the issuance of a manufacturing license, the presiding officer will determine whether, in accordance with the regulations in this subpart, the manufacturing license should be issued as proposed by the NRC's Director, Office of Nuclear Reactor Regulation. | ||||
| 10:10:2.0.1.1.1.1.55.70 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.106 Public hearings in proceedings for issuance of operating licenses. | NRC | (a) Consistent with the requirements of this section and as appropriate, the presiding officer in an operating license hearing shall comply with any applicable requirements of §§ 51.104 and 51.105. (b) During the course of a hearing on an application for issuance of an operating license for a nuclear power reactor, or a testing facility, the presiding officer may authorize, pursuant to § 50.57(c) of this chapter, the loading of nuclear fuel in the reactor core and limited operation within the scope of § 50.57(c) of this chapter, upon compliance with the procedures described therein. In any such hearing, where any party opposes such authorization on the basis of matters covered by subpart A of this part, the provisions of §§ 51.104 and 51.105 will apply, as appropriate. (c) The presiding officer in an operating license hearing shall not admit contentions proffered by any party concerning need for power or alternative energy sources or alternative sites for the facility for which an operating license is requested. (d) The presiding officer in an operating license hearing shall not raise issues concerning alternative sites for the facility for which an operating license is requested sua sponte. | |||||
| 10:10:2.0.1.1.1.1.55.71 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.107 Public hearings in proceedings for issuance of combined licenses; limited work authorizations. | NRC | [72 FR 49517, Aug. 28, 2007, as amended at 72 FR 57446, Oct. 9, 2007; 73 FR 5724, Jan. 31, 2008; 84 FR 65645, Nov. 29, 2019] | (a) In addition to complying with the applicable requirements of § 51.104, in a proceeding for the issuance of a combined license for a nuclear power reactor under part 52 of this chapter, the presiding officer will: (1) Determine whether the requirements of Sections 102(2) (A), (C), and (E) 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, and considering reasonable alternatives, whether the combined 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 combined license should be issued as proposed by the NRC's Director, Office of Nuclear Reactor Regulation. (b) If a combined license application references an early site permit, then the presiding officer in the combined license hearing shall not admit any contention proffered by any party on environmental issues which have been accorded finality under § 52.39 of this chapter, unless the contention: (1) Demonstrates that the nuclear power reactor proposed to be built does not fit within one or more of the site characteristics or design parameters included in the early site permit; (2) Raises any significant environmental issue that was not resolved in the early site permit proceeding; or (3) Raises any issue involving the impacts of construction and operation of the facility that was resolved in the early site permit proceeding for which new and significant information has been identified. (c) If the combined license application references a standard design certification, or proposes … | ||||
| 10:10:2.0.1.1.1.1.55.72 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.108 Public hearings on Commission findings that inspections, tests, analyses, and acceptance criteria of combined licenses are met. | NRC | [72 FR 49517, Aug. 28, 2007] | In any public hearing requested under 10 CFR 52.103(b), the Commission will not admit any contentions on environmental issues, the adequacy of the environmental impact statement for the combined license issued under subpart C of part 52, or the adequacy of any other environmental impact statement or environmental assessment referenced in the combined license application. The Commission will not make any environmental findings in connection with the finding under 10 CFR 52.103(g). | ||||
| 10:10:2.0.1.1.1.1.56.73 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.109 Public hearings in proceedings for issuance of materials license with respect to a geologic repository. | NRC | [54 FR 27870, July 3, 1989, as amended at 69 FR 2276, Jan. 14, 2004; 77 FR 46600, Aug. 3, 2012] | (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 u… | ||||
| 10:10:2.0.1.1.1.1.57.74 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.110 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.1.1.58.75 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.116 Notice of intent. | NRC | (a) In accordance with § 51.26, the appropriate NRC staff director will publish in the Federal Register a notice of intent stating that an environmental impact statement will be prepared. The notice will contain the information specified in § 51.27. (b) Copies of the notice will be sent to appropriate Federal, State, and local agencies, and Indian Tribes, appropriate State, regional, and metropolitan clearinghouses and to interested persons upon request. A public announcement of the notice of intent will also be made. | |||||
| 10:10:2.0.1.1.1.1.58.76 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.117 Draft environmental impact statement—notice of availability. | NRC | (a) Upon completion of a draft environmental impact statement or any supplement to a draft environmental impact statement, the appropriate NRC staff director will publish a notice of availability of the statement in the Federal Register. (b) The notice will request comments on the proposed action and on the draft statement or any supplement to the draft statement and will specify where comments should be submitted and when the comment period expires. (c) The notice will (1) state that copies of the draft statement or any supplement to the draft statement are available for public inspection; (2) state where inspection may be made, and (3) state that any comments of Federal, State, and local agencies, Indian Tribes or other interested persons will be made available for public inspection when received. (d) Copies of the notice will be sent to appropriate Federal, State, and local agencies, and Indian Tribes, appropriate State, regional, and metropolitan clearinghouses, and to interested persons upon request. | |||||
| 10:10:2.0.1.1.1.1.58.77 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.118 Final environmental impact statement—notice of availability. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 54 FR 27871, July 3, 1989] | (a) Upon completion of a final environmental impact statement or any supplement to a final environmental impact statement, the appropriate NRC staff director will publish a notice of availability of the statement in the Federal Register. The notice will state that copies of the final statement or any supplement to the final statement are available for public inspection and where inspection may be made. Copies of the notice will be sent to appropriate Federal, State, and local agencies, and Indian Tribes, appropriate State, regional, and metropolitan clearinghouses and to interested persons upon request. (b) Upon adoption of a final environmental impact statement or any supplement to a final environmental impact statement prepared by the Department of Energy with respect to a geologic repository that is subject to the Nuclear Waste Policy Act of 1982, the appropriate NRC staff director shall follow the procedures set out in paragraph (a) of this section. | ||||
| 10:10:2.0.1.1.1.1.58.78 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.119 Publication of finding of no significant impact; distribution. | NRC | (a) As required by § 51.35, the appropriate NRC staff director will publish the finding of no significant impact in the Federal Register. The finding of no significant impact will be identified as a draft or final finding, and will contain the information specified in §§ 51.32 or 51.33, as appropriate. A draft finding of no significant impact will include a request for comments which specifies where comments should be submitted and when the comment period expires. (b) The finding will state that copies of the finding, the environmental assessment setting forth the basis for the finding and any related environmental documents are available for public inspection and where inspection may be made. (c) A copy of a final finding will be sent to appropriate Federal, State, and local agencies, and Indian Tribes, appropriate State, regional, and metropolitan clearinghouses, the applicant or petitioner for rulemaking and any other party to the proceeding, and if a draft finding was issued, to each commenter. Additional copies will be made available in accordance with § 51.123. | |||||
| 10:10:2.0.1.1.1.1.58.79 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.120 Availability of environmental documents for public inspection. | NRC | [64 FR 48952, Sept. 9, 1999] | Copies of environmental reports, draft and final environmental impact statements, environmental assessments, and findings of no significant impact, together with any related comments and environmental documents, will be made available at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. | ||||
| 10:10:2.0.1.1.1.1.58.80 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.121 Status of NEPA actions. | NRC | [53 FR 13399, Apr. 25, 1988, as amended at 60 FR 24552, May 9, 1995; 68 FR 58811, Oct. 10, 2003; 73 FR 5724, Jan. 31, 2008; 77 FR 39907, July 6, 2012; 84 FR 65645, Nov. 29, 2019] | Individuals or organizations desiring information on the NRC's NEPA process or on the status of specific NEPA actions should address inquiries to: (a) Utilization facilities: ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-1270, e-mail RidsNrrOd@nrc.gov. (b) Production facilities: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-7800, e-mail RidsNmssOd@nrc.gov. (c) Materials licenses: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-7800, e-mail RidsNmssOd@nrc.gov. (d) Rulemaking: ATTN: Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (800) 368-5642. (e) General environmental matters: Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone: (301) 415-1700. | ||||
| 10:10:2.0.1.1.1.1.58.81 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.122 List of interested organizations and groups. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 52 FR 31612, Aug. 21, 1987; 54 FR 53316, Dec. 28, 1989; 77 FR 39907, July 6, 2012] | The NRC Office of the Chief Information Officer will maintain a master list of organizations and groups, including relevant conservation commissions, known to be interested in the Commission's licensing and regulatory activities. The NRC Office of the Chief Information Officer with the assistance of the appropriate NRC staff director will select from this master list those organizations and groups that may have an interest in a specific NRC NEPA action and will promptly notify such organizations and groups of the availability of a draft environmental impact statement or a draft finding of no significant impact. | ||||
| 10:10:2.0.1.1.1.1.58.82 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.123 Charges for environmental documents; distribution to public; distribution to governmental agencies. | NRC | [50 FR 21037, May 22, 1985, as amended at 52 FR 31612, Aug. 21, 1987; 53 FR 43421, Oct. 27, 1988; 61 FR 9902, Mar. 12, 1996; 64 FR 48952, Sept. 9, 1999; 68 FR 58812, Oct. 10, 2003; 80 FR 74980, Dec. 1, 2015] | (a) Distribution to public. Upon written request to the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, e-mail distribution.resource@nrc.gov, and to the extent available, single copies of draft environmental impact statements and draft findings of no significant impact will be made available to interested persons without charge. Single copies of final environmental impact statements and final findings of no significant impact will also be provided without charge to the persons listed in §§ 51.93(a) and 51.119(c), respectively. When more than one copy of an environmental impact statement or a finding of no significant impact is requested or when available NRC copies have been exhausted, the requestor will be advised that the NRC will provide copies at the charges specified in § 9.35 of this chapter. (b) Distribution to governmental agencies. Upon written request to the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, e-mail distribution.resource@nrc.gov, and to the extent available, copies of draft and final environmental impact statements and draft final findings of no significant impact will be made available in the number requested to Federal, State and local agencies, Indian Tribes, and State, regional, and metropolitan clearinghouses. When available NRC copies have been exhausted, the requester will be advised that the NRC will provide copies at the charges specified in § 9.35 of this chapter. (c) Charges. Charges for the reproduction of environmental documents by the NRC at locations other than the NRC Public Document Room located in Washington, DC vary according to location. | ||||
| 10:10:2.0.1.1.1.1.59.83 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.124 Commission duty to comment. | NRC | [49 FR 9381, Mar. 12, 1984, as amended at 90 FR 55631, Dec. 3, 2025] | It is the policy of the Commission to comment on draft environmental impact statements prepared by other Federal agencies, consistent with the provisions of 40 CFR 1503.2 and 1503.3. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:2.0.1.1.1.1.60.84 | 10 | Energy | I | 51 | PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS | A | Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2) | § 51.125 Responsible official. | NRC | [77 FR 46600, Aug. 3, 2012] | The Executive Director for Operations shall be responsible for overall review of NRC NEPA compliance, except for matters under the jurisdiction of a presiding officer, administrative judge, administrative law judge, Atomic Safety and Licensing Board, or the Commission acting as a collegial body. | ||||
| 24:24:1.1.1.1.29.1.59.1 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 51.1 Purpose. | HUD | The Department of Housing and Urban Development is providing program Assistant Secretaries and administrators and field offices with environmental standards, criteria and guidelines for determining project acceptability and necessary mitigating measures to insure that activities assisted by the Department achieve the goal of a suitable living environment. | ||||||
| 24:24:1.1.1.1.29.1.59.2 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 51.2 Authority. | HUD | [61 FR 13333, Mar. 26, 1996] | This part implements the Department's responsibilities under: The National Housing Act (12 U.S.C. 1701 et seq. ); sec. 2 of the Housing Act of 1949 (42 U.S.C. 1441); secs. 2 and 7(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3531 and 3535(d)); the National Environmental Policy Act of 1969 (42 U.S.C. 4321); and the other statutes that are referred to in this part. | |||||
| 24:24:1.1.1.1.29.1.59.3 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 51.3 Responsibilities. | HUD | [61 FR 13333, Mar. 26, 1996] | The Assistant Secretary for Community Planning and Development is responsible for administering HUD's environmental criteria and standards as set forth in this part. The Assistant Secretary for Community Planning and Development may be assisted by HUD officials in implementing the responsibilities established by this part. HUD will identify these HUD officials and their specific responsibilities through Federal Register notice. | |||||
| 24:24:1.1.1.1.29.1.59.4 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 51.4 Program coverage. | HUD | Environmental standards shall apply to all HUD actions except where special provisions and exemptions are contained in each subpart. | ||||||
| 24:24:1.1.1.1.29.2.59.1 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | B | Subpart B—Noise Abatement and Control | § 51.100 Purpose and authority. | HUD | [44 FR 40861, July 12, 1979, as amended at 61 FR 13333, Mar. 26, 1996] | (a) It is the purpose of this subpart B to: (1) Call attention to the threat of noise pollution; (2) Encourage the control of noise at its source in cooperation with other Federal departments and agencies; (3) Encourage land use patterns for housing and other noise sensitive urban needs that will provide a suitable separation between them and major noise sources; (4) Generally prohibit HUD support for new construction of noise sensitive uses on sites having unacceptable noise exposure; (5) Provide policy on the use of structural and other noise attenuation measures where needed; and (6) Provide policy to guide implementation of various HUD programs. (b) Authority. Specific authorities for noise abatement and control are contained in the Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq. ); and the General Services Administration, Federal Management Circular 75-2; Compatible Land Uses at Federal Airfields. | |||||
| 24:24:1.1.1.1.29.2.59.2 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | B | Subpart B—Noise Abatement and Control | § 51.101 General policy. | HUD | [44 FR 40861, July 12, 1979, as amended at 50 FR 9268, Mar. 7, 1985; 61 FR 13333, Mar. 26, 1996] | (a) It is HUD's general policy to provide minimum national standards applicable to HUD programs to protect citizens against excessive noise in their communities and places of residence. (1) Planning assistance. HUD requires that grantees give adequate consideration to noise exposures and sources of noise as an integral part of the urban environment when HUD assistance is provided for planning purposes, as follows: (i) Particular emphasis shall be placed on the importance of compatible land use planning in relation to airports, highways and other sources of high noise. (ii) Applicants shall take into consideration HUD environmental standards impacting the use of land. (2) Activities subject to 24 CFR part 58. (i) Responsible entities under 24 CFR part 58 must take into consideration the noise criteria and standards in the environmental review process and consider ameliorative actions when noise sensitive land development is proposed in noise exposed areas. Responsible entities shall address deviations from the standards in their environmental reviews as required in 24 CFR part 58. (ii) Where activities are planned in a noisy area, and HUD assistance is contemplated later for housing and/or other noise sensitive activities, the responsible entity risks denial of the HUD assistance unless the HUD standards are met. (3) HUD support for new construction. HUD assistance for the construction of new noise sensitive uses is prohibited generally for projects with unacceptable noise exposures and is discouraged for projects with normally unacceptable noise exposure. (Standards of acceptability are contained in § 51.103(c).) This policy applies to all HUD programs providing assistance, subsidy or insurance for housing, manufactured home parks, nursing homes, hospitals, and all programs providing assistance or insurance for land development, redevelopment or any other provision of facilities and services which are directed to making land available for housing or noise sensitive development. The policy does not app… | |||||
| 24:24:1.1.1.1.29.2.59.3 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | B | Subpart B—Noise Abatement and Control | § 51.102 Responsibilities. | HUD | [44 FR 40861, July 12, 1979, as amended at 54 FR 39525, Sept. 27, 1989; 61 FR 13333, Mar. 26, 1996] | (a) Surveillance of noise problem areas. Appropriate field staff shall maintain surveillance of potential noise problem areas and advise local officials, developers, and planning groups of the unacceptability of sites because of noise exposure at the earliest possible time in the decision process. Every attempt shall be made to insure that applicants' site choices are consistent with the policy and standards contained herein. (b) Notice to applicants. At the earliest possible stage, HUD program staff shall: (1) Determine the suitability of the acoustical environment of proposed projects; (2) Notify applicants of any adverse or questionable situations; and (3) Assure that prospective applicants are apprised of the standards contained herein so that future site choices will be consistent with these standards. (c) Interdepartmental coordination. HUD shall foster appropriate coordination between field offices and other departments and agencies, particularly the Environmental Protection Agency, the Department of Transportation, Department of Defense representatives, and the Department of Veterans Affairs. HUD staff shall utilize the acceptability standards in commenting on the prospective impacts of transportation facilities and other noise generators in the Environmental Impact Statement review process. | |||||
| 24:24:1.1.1.1.29.2.59.4 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | B | Subpart B—Noise Abatement and Control | § 51.103 Criteria and standards. | HUD | [44 FR 40861, July 12, 1979, as amended at 49 FR 12214, Mar. 29, 1984] | These standards apply to all programs as indicated in § 51.101. (a) Measure of external noise environments. The magnitude of the external noise environment at a site is determined by the value of the day-night average sound level produced as the result of the accumulation of noise from all sources contributing to the external noise environment at the site. Day-night average sound level, abbreviated as DNL and symbolized as L dn , is the 24-hour average sound level, in decibels, obtained after addition of 10 decibels to sound levels in the night from 10 p.m. to 7 a.m. Mathematical expressions for average sound level and day-night average sound level are stated in the Appendix I to this subpart. (b) Loud impulsive sounds. On an interim basis, when loud impulsive sounds, such as explosions or sonic booms, are experienced at a site, the day-night average sound level produced by the loud impulsive sounds alone shall have 8 decibels added to it in assessing the acceptability of the site (see appendix I to this subpart). Alternatively, the C-weighted day-night average sound level (L Cdn ) may be used without the 8 decibel addition, as indicated in § 51.106(a)(3). Methods for assessing the contribution of loud impulsive sounds to day-night average sound level at a site and mathematical expressions for determining whether a sound is classed as “loud impulsive” are provided in the appendix I to this subpart. (c) Exterior standards. (1) The degree of acceptability of the noise environment at a site is determined by the sound levels external to buildings or other facilities containing noise sensitive uses. The standards shall usually apply at a location 2 meters (6.5 feet) from the building housing noise sensitive activities in the direction of the predominant noise source. Where the building location is undetermined, the standards shall apply 2 meters (6.5 feet) from the building setback line nearest to the predominant noise source. The standards shall also apply at other locations where it is determined that quiet… | |||||
| 24:24:1.1.1.1.29.2.59.5 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | B | Subpart B—Noise Abatement and Control | § 51.104 Special requirements. | HUD | [44 FR 40861, July 12, 1979, as amended at 61 FR 13333, Mar. 26, 1996] | (a)(1) Noise attenuation. Noise attenuation measures are those required in addition to attenuation provided by buildings as commonly constructed in the area, and requiring open windows for ventilation. Measures that reduce external noise at a site shall be used wherever practicable in preference to the incorporation of additional noise attenuation in buildings. Building designs and construction techniques that provide more noise attenuation than typical construction may be employed also to meet the noise attenuation requirements. (2) Normally unacceptable noise zones and unacceptable noise zones. Approvals in Normally Unacceptable Noise Zones require a minimum of 5 decibels additional sound attenuation for buildings having noise-sensitive uses if the day-night average sound level is greater than 65 decibels but does not exceed 70 decibels, or a minimum of 10 decibels of additional sound attenuation if the day-night average sound level is greater than 70 decibels but does not exceed 75 decibels. Noise attenuation measures in Unacceptable Noise Zones require the approval of the Assistant Secretary for Community Planning and Development, or the Certifying Officer for activities subject to 24 CFR part 58. (See § 51.104(b)(2).) (b) Environmental review requirements. Environmental reviews shall be conducted pursuant to the requirements of 24 CFR parts 50 and 58, as applicable, or other environmental regulations issued by the Department. These requirements are hereby modified for all projects proposed in the Normally Unacceptable and Unacceptable noise exposure zones as follows: (1) Normally unacceptable noise zone. (i) All projects located in the Normally Unacceptable Noise Zone require a Special Environmental Clearance except an EIS is required for a proposed project located in a largely undeveloped area, or where the HUD action is likely to encourage the establishment of incompatible land use in this noise zone. (ii) When an EIS is required, the concurrence of the Program Assistant Secretary is also requi… | |||||
| 24:24:1.1.1.1.29.2.59.6 | 24 | Housing and Urban Development | 51 | PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS | B | Subpart B—Noise Abatement and Control | § 51.105 Exceptions. | HUD | [44 FR 40861, July 12, 1979, as amended at 61 FR 13334, Mar. 26, 1996] | (a) Flexibility for non-acoustic benefits. Where it is determined that program objectives cannot be achieved on sites meeting the acceptability standard of 65 decibels, the Acceptable Zone may be shifted to L dn 70 on a case-by-case basis if all the following conditions are satisfied: (1) The project does not require an Environmental Impact Statement under provisions of § 51.104(b)(1) and noise is the only environmental issue. (2) The project has received a Special Environmental Clearance and has received the concurrence of the Environmental Clearance Officer. (3) The project meets other program goals to provide housing in proximity to employment, public facilities and transportation. (4) The project is in conformance with local goals and maintains the character of the neighborhood. (5) The project sponsor has set forth reasons, acceptable to HUD, as to why the noise attenuation measures that would normally be required for new construction in the L dn 65 to L dn 70 zone cannot be met. (6) Other sites which are not exposed to noise above L dn 65 and which meet program objectives are generally not available. The above factors shall be documented and made part of the project file. |
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