Generic Environmental Impact Statement for Licensing of New Nuclear Reactors, 80797-80827 [2024-22385]

Download as PDF 80797 Proposed Rules Federal Register Vol. 89, No. 193 Friday, October 4, 2024 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Part 51 [NRC–2020–0101] RIN 3150–AK55 Generic Environmental Impact Statement for Licensing of New Nuclear Reactors Nuclear Regulatory Commission. ACTION: Proposed rule, draft guidance, and draft generic environmental impact statement; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the regulations that govern the NRC’s environmental reviews of new nuclear reactor applications under the National Environmental Policy Act. The rulemaking would codify the generic findings of the NRC’s draft Generic Environmental Impact Statement for Licensing of New Nuclear Reactors. The draft Generic Environmental Impact Statement for Licensing of New Nuclear Reactors uses a technology-neutral framework and a set of plant and site parameters to determine which potential environmental impacts would be common to the construction, operation, and decommissioning of many new nuclear reactors, and thus appropriate for a generic analysis, and which potential environmental impacts would be unique, and thus require a project-specific analysis. The NRC expects that both the proposed rule and the Generic Environmental Impact Statement for Licensing of New Nuclear Reactors would streamline the environmental reviews for future nuclear reactor applicants. The NRC is also issuing for public comment draft regulatory guide (DG), ‘‘Preparation of Environmental Reports for Nuclear Power Stations,’’ and ‘‘Environmental Considerations Associated with New Nuclear Reactor Applications that Reference the Generic Environmental Impact Statement.’’ khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 Submit comments by December 18, 2024. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. The NRC plans to hold three public meetings to promote a full understanding of the proposed rule and facilitate public comments. Public meetings will be held on November 7, 2024, November 13, 2024, and November 14, 2024. See Section XV, ‘‘Public Meetings,’’ of this document for more information on the meetings. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject); however, the NRC encourages electronic comment submission through the Federal rulemaking website: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0101. Address questions about NRC dockets to Helen Chang; telephone: 301–415–3228; email: Helen.Chang@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal workdays; telephone: 301–415–1677. You can read a plain language description of this proposed rule at https://www.regulations.gov/docket/ NRC-2020-0101. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Stewart Schneider, Office of Nuclear Material Safety and Safeguards, telephone: 301–415–4123, email: DATES: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Stewart.Schneider@nrc.gov, Stacey Imboden, Office of Nuclear Material Safety and Safeguards, telephone: 301– 415–2462, email: Stacey.Imboden@ nrc.gov, or Laura Willingham, Office of Nuclear Material Safety and Safeguards, telephone: 301–415–0857, email: Laura.Willingham@nrc.gov. All are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: Executive Summary A. Purpose of the Regulatory Action The U.S. Nuclear Regulatory Commission (NRC) is proposing to revise its regulations to codify the findings of the draft generic environmental impact statement, NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’ (NR GEIS). The draft NR GEIS analyzes the potential environmental impacts of the construction, operation, and decommissioning of a new nuclear reactor. The NR GEIS is intended to improve the efficiency of the NRC staff’s environmental review of a new nuclear reactor application by identifying those potential environmental issues that are expected to be common, or generic, to the construction, operation, and decommissioning of many new nuclear reactors. If the Commission approves issuance of the NR GEIS, the NRC staff would be able to rely on the NR GEIS’ generic findings when conducting a subsequent, project-specific environmental review for a new nuclear reactor if specific conditions are met. The proposed rule would codify these generic findings into the NRC’s regulations in part 51 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ thus making the NRC’s licensing process for new nuclear reactors more efficient. Specifically, these findings would be codified into subpart A of 10 CFR part 51, which sets forth the NRC’s regulations to implement its obligations under the National Environmental Policy Act (NEPA).1 1 42 E:\FR\FM\04OCP1.SGM U.S.C. 4321 et seq. (1969). 04OCP1 80798 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS B. Major Provisions Major provisions of this proposed rule and guidance would include: 1. Addition of a new appendix C, ‘‘Environmental Effect of Issuing a Permit or License for a New Nuclear Reactor,’’ to subpart A of 10 CFR part 51 to codify the findings in the NR GEIS and state that, on a 10-year cycle, the Commission intends to review the material in this appendix and update if necessary. 2. Changes to the regulations for the preparation of environmental reports for new reactors (§ 51.50, ‘‘Environmental report—construction permit, early site permit, or combined license stage’’) to provide the applicant with the option to use the NR GEIS. 3. Changes to the regulations for the preparation of draft environmental impact statements (EISs) for new reactors (§ 51.75, ‘‘Draft environmental impact statement—construction permit, early site permit, or combined license’’) to require the NRC staff to use the NR GEIS in preparing its draft EIS if an applicant for a new nuclear reactor referenced the NR GEIS in its application. 4. Addition of new section (§ 51.96, ‘‘Final supplemental environmental impact statement relying on Appendix C to Subpart A’’) to provide the NRC staff with directions on the preparation of final EISs that reference the NR GEIS. 5. Draft revisions to Regulatory Guide (RG) 4.2, ‘‘Preparation of Environmental Reports for Nuclear Power Stations,’’ 2 to provide guidance to applicants regarding the use of the NR GEIS. In addition, the NRC staff has prepared a draft interim staff guidance document, COL–ISG–030, ‘‘Environmental Considerations Associated with New Nuclear Reactor Applications that Reference the Generic Environmental Impact Statement (NUREG–2249)’’ to provide guidance to the NRC staff regarding the use of the NR GEIS. C. Costs and Benefits The NRC prepared a draft regulatory analysis to determine the expected quantitative costs and benefits of this proposed rule and associated guidance. Assuming 20 applications over the next decade, the regulatory analysis concluded that, compared to the noaction alternative, the proposed rule alternative and associated guidance would result in undiscounted total net savings for the NRC and applicants up to $40.1 million or $2.0 million per 2 Unless stated otherwise, references to RG 4.2 refer to DG–4032, the draft revision to RG 4.2, which is being published at the same time as this notice. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 application if the NR GEIS is fully utilized. The draft regulatory analysis also considered qualitative factors to be considered in the NRC’s rulemaking decision. Qualitative aspects include greater regulatory stability, predictability, and clarity to the licensing process. The proposed rule would reduce the cost to industry of preparing environmental reports for new nuclear reactor applications by focusing resources on project-specific analyses. The NRC also would recognize similar reductions in cost and be better able to focus its resources on the project-specific issues during new nuclear reactor licensing environmental reviews. The NR GEIS could potentially be utilized for micro-reactors, but the NRC staff does not have sufficient information at this time to determine whether the proposed rule could potentially affect any small entities as defined in § 2.810, ‘‘NRC size standards.’’ Therefore, the NRC staff has included an initial regulatory flexibility analysis in Section VI, Regulatory Flexibility Certification, of this document and is requesting public comment on the potential impact of the proposed rule on small entities. For more information, please see the draft regulatory analysis (available as indicated in Section XVI, Availability of Documents, of this document). Table of Contents I. Obtaining Information and Submitting Comments A. Obtaining Information B. Submitting Comments II. Background A. New Reactor Licensing Processes—10 CFR Part 50 and 10 CFR Part 52 B. Environmental Review—Current 10 CFR Part 51 Regulations C. Use of Rulemaking and Generic Environmental Impact Statements D. Advanced Nuclear Reactors III. Discussion A. Proposed Amendments B. The Fiscal Responsibility Act of 2023 C. Environmental Impacts To Be Reviewed D. Generic Environmental Impact Statement E. Summary of Issues Analyzed in the NR GEIS F. Public Comments on Notice of Exploratory Process and Notice of Intent To Prepare a Generic Environmental Impact Statement G. Clarifying Amendment for Postoperating Licenses IV. Specific Requests for Comments V. Section-by-Section Analysis VI. Regulatory Flexibility Certification VII. Regulatory Analysis VIII. Backfitting and Issue Finality IX. Cumulative Effects of Regulation X. Plain Writing PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 XI. National Environmental Policy Act XII. Paperwork Reduction Act XIII. Voluntary Consensus Standards XIV. Availability of Guidance XV. Public Meetings XVI. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2020– 0101 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0101. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room reference staff at 1–800–397–4209, at 301–415–4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. • Technical Library: The Technical Library, which is located at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852, is open by appointment only. Interested parties may make appointments to examine documents by contacting the NRC Technical Library by email at Library.Resource@nrc.gov between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2020–0101 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Background The Generic Environmental Impact Statement for Licensing of New Nuclear Reactors (NR GEIS) is intended to streamline the NRC’s environmental review for new nuclear reactor applications received as part of the reactor licensing process.3 This Background section provides an overview of the two existing reactor licensing processes, 10 CFR part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ and 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ under which an applicant may apply for a license for a new nuclear reactor. This section also describes the environmental review process and the Commission’s policy and past practice with respect to the use of generic rulemakings to adopt improvements to the licensing process. khammond on DSKJM1Z7X2PROD with PROPOSALS A. New Reactor Licensing Processes—10 CFR Part 50 and 10 CFR Part 52 The NRC licenses and regulates the construction and operation of nuclear reactor facilities in the United States. The NRC’s evaluation and ultimate decision on a reactor application will involve a safety review, governed by the NRC’s regulations in either 10 CFR part 50 or 10 CFR part 52, and an environmental review, governed by the 3 In staff requirements memorandum, SRM– SECY–20–0020, ‘‘Results of Exploratory Process for Developing a Generic Environmental Impact Statement for the Construction and Operation of Advanced Nuclear Reactors,’’ dated September 21, 2020, the Commission approved the development of a GEIS for the construction and operation of advanced nuclear reactors and directed staff to codify the generic findings in the Code of Federal Regulations. In SRM–SECY–21–0098, ‘‘Proposed Rule: Advanced Nuclear Reactor Generic Environmental Impact Statement,’’ dated April 17, 2024, the Commission directed the staff to proceed with publication of the NR GEIS after modifying it to be applicable to any new nuclear reactor application. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 NRC’s regulations in 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.’’ All nuclear reactors that were operating prior to 2021 were licensed under a two-step licensing process governed by 10 CFR part 50. The first step is an application for and issuance of a construction permit. The second step, upon substantial completion of facility construction, is issuance of an operating license. In an effort to improve regulatory efficiency and add greater predictability to the reactor licensing process, the NRC issued 10 CFR part 52 on April 18, 1989 (54 FR 15372). The rule added licensing processes for issuance of early site permits, standard design certifications, and combined licenses. Early site permits allow an applicant to obtain approval for a reactor site for future use, while certified standard plant designs can be used as pre-approved designs. Early site permits and certified designs can then be referenced in an application for a combined license. Combined licenses combine a construction permit and an operating license in a single authorization. A nuclear reactor applicant could apply for a license under 10 CFR part 50 or 10 CFR part 52. The proposed rule to adopt the generic environmental conclusions of the NR GEIS in 10 CFR part 51 would be available for use in conjunction with either of these two licensing processes. Additionally, the NRC staff is preparing a rulemaking that would provide a new framework for licensing reactors in a proposed 10 CFR part 53.4 The NRC staff anticipates that the NR GEIS would be available for use with this new 10 CFR part 53 licensing process for new nuclear reactors. B. Environmental Review—Current 10 CFR Part 51 Regulations As a Federal agency, the NRC must comply with the National Environmental Policy Act (NEPA) by assessing the potential environmental effects of a proposed agency action prior to making a decision to approve or disapprove of that proposed action. The regulations implementing the NRC’s NEPA obligations are found in 10 CFR part 51. Under NEPA, the environmental review of a proposed action can involve one of three different levels of analysis depending on the significance of a proposed action’s potential effects on the environment: (1) a categorical 4 Risk-Informed, Technology Inclusive Regulatory Framework for Advanced Reactors (Docket ID NRC– 2019–0062; RIN 3150–AK31). PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 80799 exclusion,5 (2) an environmental assessment,6 or (3) an environmental impact statement (EIS). An EIS, the most complex, resource-intensive, and thorough of the three levels of NEPA analysis, is a document that describes the potential environmental impacts of the proposed action as well as a reasonable range of alternatives to the proposed agency action. Under NEPA, Federal agencies shall prepare an EIS for any proposed agency action that may result in a significant impact to an environmental resource. In addition, the Commission has identified, by its § 51.20, ‘‘Criteria for and identification of licensing and regulatory actions requiring environmental impact statements,’’ regulation, certain categories of NRC proposed actions that require the preparation of an EIS. In this regard, § 51.20(b)(1) identifies the issuance of a construction permit (under the 10 CFR part 50 licensing process) or an early site permit (under the 10 CFR part 52 licensing process) for a nuclear power reactor or testing facility, as proposed actions requiring the preparation of an EIS.7 Similarly, § 51.20(b)(2) identifies the issuance or renewal of an operating license (under 10 CFR part 50) or a combined license (under 10 CFR part 52) for a nuclear power reactor or testing facility, as proposed actions requiring the preparation of an EIS. The NRC’s regulation at § 51.45, ‘‘Environmental report,’’ requires a reactor applicant to submit an environmental report that discusses: (1) the impact of the proposed action on the environment, (2) any adverse environmental impacts that cannot be avoided, (3) alternatives to the proposed action, (4) the relationship between local short-term uses of the environment and maintenance and enhancement of 5 The NRC defines a ‘‘categorical exclusion’’ as 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, ‘‘Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review,’’ and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. 10 CFR 51.14(a). The NRC’s list of categorical exclusions is set forth in § 51.22. 6 The NRC defines an ‘‘environmental assessment’’ as a concise public document . . . 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. 10 CFR 51.14(a). 7 The terms ‘‘nuclear reactor’’ and ‘‘testing facility’’ are defined in § 50.2, ‘‘Definitions.’’ E:\FR\FM\04OCP1.SGM 04OCP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 80800 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules long-term productivity, and (5) any irreversible or irretrievable commitments of resources. In addition, the applicant is required to include in its environmental report, an analysis that considers and balances the environmental effects of the proposed action and the alternatives available for reducing or avoiding adverse environmental effects, as well as the benefits of the action. The NRC will independently evaluate the applicant’s environmental report as part of the NRC’s preparation of the draft EIS. Before issuing a construction permit or an operating license for a nuclear plant under 10 CFR part 50 or an early site permit or combined license (that does not reference an early site permit for the proposed nuclear reactor) under 10 CFR part 52, the NRC is required to prepare a draft EIS that assesses the potential environmental impacts that may result from the construction, operation, and decommissioning of the proposed nuclear reactor plant. In preparing the draft EIS, the NRC staff will analyze the potential environmental impacts in regard to different aspects or resources of the human environment (e.g., air quality). For each environmental aspect or resource area, the NRC staff will identify and analyze issues that correspond to specific, potential environmental impacts (e.g., for the air quality resource area, the criteria pollutant emissions likely to result during construction). In the draft EIS, the NRC staff also evaluates alternatives to the proposed agency action. After analyzing the potential environmental impacts for each issue,8 the NRC assigns one of the following three significance levels to describe its evaluation of those impacts on that issue: SMALL—The environmental effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of the resource. For the purposes of assessing radiological impacts, the Commission has concluded that those impacts that do not exceed permissible levels in the Commission’s regulations are considered small as the term is used in this definition. MODERATE—The environmental effects are sufficient to alter noticeably, but not to destabilize, important attributes of the resource. LARGE—The environmental effects are clearly noticeable and are sufficient 8 Each issue corresponds to a specific type of environmental impact potentially resulting from building, operating, or decommissioning of a new nuclear reactor. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 to destabilize important attributes of the resource. For issues where probability is a key consideration (i.e., accident consequences), probability is a factor in determining significance. The NRC will document its environmental review and analysis through the preparation of a draft EIS that will be published for public comment in the Federal Register, with a minimum 45-day comment period, in accordance with § 51.73, ‘‘Request for comments on draft environmental impact statement.’’ Further, as provided in § 51.74, ‘‘Distribution of draft environmental impact statement and supplement to draft environmental impact statement; news releases,’’ the NRC will distribute the draft EIS to the Environmental Protection Agency, Federal agencies that have a special expertise or jurisdiction with respect to any potential environmental impact that may be relevant to the proposed action, the applicant, and appropriate State, Tribal, and local agencies and clearinghouses. Following the public comment period, the NRC will analyze any comments received, revise its environmental analyses as appropriate, and then prepare the final EIS in accordance with the requirements of § 51.91, ‘‘Final environmental impact statement—contents.’’ 9 Pursuant to § 51.93, ‘‘Distribution of final environmental impact statement and supplement to final environmental impact statement; news releases,’’ the NRC will distribute the final EIS to many of the same entities as the draft EIS and to each commenter. The NRC also will publish a notice of availability for the final EIS in the Federal Register. As set forth in § 51.102, ‘‘Requirement to provide a record of decision; preparation,’’ and following the preparation and distribution of the final EIS, the Commission will prepare and issue the record of decision, which is a concise, publicly-available statement that documents the NRC’s decision, as informed by the final EIS. The requirements for a record of decision are described in § 51.103, ‘‘Record of decision—general,’’ and include stating the Commission’s decision (e.g., the approval or disapproval of the nuclear 9 For a 10 CFR part 52 combined license that references an early site permit, the NRC will prepare a supplement to the final EIS for the early site permit in accordance with § 51.92(e) and will provide an opportunity for public comment on the supplement pursuant to § 51.92(f)(1). Similarly, for a 10 CFR part 50 operating license, the NRC will prepare a supplement to the final EIS for the construction permit in accordance with § 51.95(b) and will provide an opportunity for public comment on the supplement pursuant to § 51.95(a). PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 reactor application), identifying the alternatives (including the proposed agency action) considered by the Commission, and a statement as to 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 (e.g., lack of jurisdiction or authority). In cases of an adjudicatory proceeding before the NRC’s Atomic Safety and Licensing Board (ASLB), the initial decision of the presiding officer, or if appealed, the final decision of the Commission, will constitute the record of decision. To meet the § 51.102 requirement that the record of decision be a concise document, the NRC staff will also prepare a ‘‘Summary Record of Decision,’’ signed by the NRC’s Director, Office of Nuclear Reactor Regulation, that summarizes the presiding officer’s initial, or the Commission’s final, decision.10 C. Use of Rulemaking and Generic Environmental Impact Statements The use of rulemaking to adopt improvements to the licensing process for classes of applicants, such as reactor applicants, has several advantages, including the following, which were identified in a 1978 NRC interim policy statement: 11 (1) enhance stability and predictability of the licensing process by providing regulatory criteria and requirements in discrete generic areas on matters which are significant in the review and approval of license applications; (2) enhance public understanding and confidence in the integrity of the licensing process by inviting public participation in important generic issues which are of concern to the agency and the public; (3) enhance administrative efficiency in licensing by removing, in whole or in part, generic issues from NRC staff review and adjudicatory resolution in individual licensing proceedings and/or by establishing the importance (or lack of importance) of various safety and environmental issues to the decision process; (4) assist the Commission in resolving complex methodological and policy issues involved in recurring issues in the review and approval of individual licensing applications; and 10 For the issuance of a 10 CFR part 50 operating license supported by a supplement prepared pursuant to § 51.95(b) that is uncontested (i.e., no hearing before the NRC’s ASLB), the Director, Office of Nuclear Reactor Regulation, will prepare the record of decision in accordance with § 51.103. 11 Generic Rulemaking to Improve Nuclear Power Plant Licensing, Interim Policy Statement (43 FR 58377; December 14, 1978). E:\FR\FM\04OCP1.SGM 04OCP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules (5) yield an overall savings in the utilization of resources in the licensing process by the utility industry, those of the public whose interest may be affected by the rulemaking, the NRC, and other Federal, State, and local governments with an expected improvement in the quality of the decision process. The NRC has prepared the draft NR GEIS, which provides generic findings with respect to many environmental issues. The NRC is proposing to codify these generic findings in 10 CFR part 51 to streamline and make more efficient the preparation of environmental reports by new nuclear reactor applicants and the NRC’s environmental reviews. This proposed rule is consistent with past NRC part 51 rulemakings that adopted generic findings with respect to certain environmental issues related to the reactor licensing process. For example, table S–3, ‘‘Table of Uranium Fuel Cycle Environmental Data,’’ in § 51.51 identifies the generic findings related to various environmental impacts of the nuclear fuel cycle.12 As such, these applicants are not required to conduct their own analysis of these impacts in their environmental reports and the NRC staff can likewise rely upon these findings when preparing its draft EIS. Based upon past experience, the NRC has determined that the use of a generic environmental impact statement (GEIS) and the codification of the generic findings into an NRC regulation is an efficient and thorough method of NEPA compliance when applied to a particular class of facilities or licensing and regulatory actions. Specifically, the NRC has relied upon the ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants’’ (NUREG–1437), which was issued in 1996 and recently updated in 2024, for operating power reactor license renewal actions, and the ‘‘Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel’’ (NUREG–2157), which was issued in 2014, for the continued storage of spent fuel beyond the licensed life for operation of a reactor. In this regard, the NRC added appendix B to 10 CFR part 51, which codifies the generic findings of the NUREG–1437, and amended § 51.23, ‘‘Environmental impacts of continued storage of spent nuclear fuel beyond the licensed life for operation of 12 As described in § 51.51(a), the nuclear fuel cycle includes 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 these activities. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 a reactor,’’ which codifies the findings of NUREG–2157. The NUREG–1437, which identifies the environmental issues that may apply to the renewal of an operating power reactor license, serves as a model for the preparation of the NR GEIS. For each operating power reactor license renewal action, the NRC prepares a projectspecific supplemental EIS (SEIS) that is issued as a supplement to NUREG– 1437. To date, the NRC has issued SEISs to NUREG–1437 associated with initial license renewal and subsequent license renewal for 61 plants. In NUREG–1437, the NRC staff determined that those issues that were common, or generic, to all nuclear reactors were identified as Category 1. Further, the NRC staff determined that the vast majority of the Category 1 issues were of a SMALL significance level.13 Provided that neither the license renewal applicant nor the NRC identifies any new and significant information, no further analysis is needed for that issue by the applicant in its environmental report or by the NRC in its preparation of the draft SEIS. Those issues that cannot be resolved generically and are identified as Category 2 issues must be analyzed by both the applicant in its environmental report and by the NRC in the draft SEIS. The applicant in its environmental report and the NRC in its draft SEIS must also address any new and significant information. The NRC has codified the findings for the NUREG–1437 Category 1 issues into its regulations; the findings are listed in table B–1, ‘‘Summary of Findings on NEPA Issues for License Renewal of Nuclear Power Plants,’’ of appendix B to subpart A of 10 CFR part 51. The regulatory direction to use NUREG– 1437 is set forth in § 51.53(c) for applicant environmental reports, in § 51.71(d) for the NRC staff’s preparation of the draft SEIS, and in § 51.95(c) for the NRC staff’s preparation of the final SEIS. In accordance with § 2.335(a), the codification of the generic findings and the direction to use NUREG–1437 for operating power reactor license renewal actions bars any challenge to a generic finding or the NRC’s reliance upon NUREG–1437 in a 13 Certain issues such as the offsite radiological impacts of spent nuclear fuel storage and high-level waste disposal were not given a significance level because of uncertainty; however, the Commission concluded that the impacts would not be sufficiently large to require the NEPA conclusion, for any plant, that the option of extended operation under 10 CFR part 54 should be eliminated. Accordingly, while the Commission has not assigned a single level of significance for the offsite radiological impacts of spent fuel and high-level waste disposal, these issues were considered to be Category 1 issues by the Commission. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 80801 site-specific licensing proceeding before the NRC’s ASLB.14 A person seeking to challenge a codified generic finding must either file a petition for rulemaking pursuant to § 2.802, ‘‘Petition for rulemaking—requirements for filing,’’ or, if a party to an ASLB proceeding, file a request to waive the regulation pursuant to § 2.335(b), such waiver being subject to Commission approval. The use of a GEIS for meeting the NRC’s NEPA obligations and the concomitant codification of generic findings into an NRC regulation has been upheld by Federal courts. In its 1983 decision, Baltimore Gas and Electric Co. v. NRDC, the Supreme Court adjudicated a challenge to table S–3, codified at § 51.51.15 The Court described table S–3 as ‘‘a numerical compilation of the estimated resources used and effluents released by fuel cycle activities supporting a year’s operation of a typical light-water reactor.’’ 16 Section 51.51 requires that an environmental report, prepared by an applicant for a construction permit, an early site permit, or a combined license for a light-water-cooled nuclear power reactor, use the data in table S–3 ‘‘as the basis for evaluating the contribution of the environmental effects’’ of all aspects of the uranium fuel cycle, such as uranium mining and milling, ‘‘to the environmental costs of licensing the nuclear power reactor.’’ 17 The Court held that ‘‘the generic method chosen by the [NRC] is clearly an appropriate method of conducting the hard look required by NEPA.’’ 18 The Court further stated that ‘‘administrative efficiency and consistency of decision are both furthered by a generic determination of these effects without needless repetition of the litigation in individual proceedings, which are subject to review by the Commission in any event.’’ 19 Lower Federal courts have applied the Baltimore Gas holding to the NRC’s reliance on NUREG–1437 for operating power license renewal 14 10 CFR 2.335(a) (‘‘[N]o rule or regulation of the Commission, or any provision thereof, concerning the licensing of production and utilization facilities, source material, special nuclear material, or byproduct material, is subject to attack by way of discovery, proof, argument, or other means in any adjudicatory proceeding subject to this part.’’). 15 Baltimore Gas and Electric Co. v. NRDC, 462 U.S. 87 (1983). 16 Id. 17 10 CFR 51.51(a). 18 Baltimore Gas, 462 U.S. at 101. The NEPA requires that a Federal agency ‘‘take a ‘hard look’ at the environmental consequences before taking a major action. Id. at 97 citing Kleppe v. Sierra Club, 427 U.S. 390, 410, n. 21. 19 Id. at 101. E:\FR\FM\04OCP1.SGM 04OCP1 80802 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules licensing actions.20 Similarly, the NRC’s codification of the generic findings of NUREG–2157 into § 51.23 have been upheld.21 D. Advanced Nuclear Reactors The NRC initially developed NUREG– 2249 as a document that would be applicable only to ‘‘advanced nuclear reactors’’ that met the values and assumptions of the plant parameter envelopes and the site parameter envelopes used to develop the GEIS. See SECY–21–0098, ‘‘Proposed Rule: Advanced Nuclear Reactor Generic Environmental Impact Statement (RIN 3150–AK55; NRC–2020–0101),’’ dated November 29, 2021. However, in staff requirements memorandum (SRM)– SECY–21–0098, ‘‘Proposed Rule: Advanced Nuclear Reactor Generic Environmental Impact Statement (RIN 3150–AK55; NRC 2020–0101),’’ dated April 17, 2024, the Commission directed the NRC staff to change the applicability of the GEIS and rule from ‘‘advanced nuclear reactors’’ to any new nuclear reactor application that meets the values and assumptions of the plant parameter envelopes and the site parameter envelopes used to develop the GEIS. Based on the direction from the Commission, the draft GEIS and proposed rule would be applicable to any new nuclear reactor, as defined in 10 CFR 50.2, ‘‘Definitions,’’ that meets the values and assumptions of the plant parameter envelopes and the site parameter envelopes used to develop the GEIS. The NRC has also retitled this rulemaking from ‘‘Advanced Nuclear Reactor Generic Environmental Impact Statement’’ (ANR GEIS) to ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’ (NR GEIS), to reflect the change in the applicability of the GEIS and rule. III. Discussion khammond on DSKJM1Z7X2PROD with PROPOSALS A. Proposed Amendments The proposed amendments to 10 CFR part 51 would establish new requirements for environmental reviews of applications for an early site or 20 Massachusetts v. U.S. Nuclear Regulatory Commission, 708 F.3d 63, 68 (1st Cir. 2013) (upholding the NRC’s reliance upon NUREG–1437 and its codified findings in appendix B of subpart A, 10 CFR part 51). 21 New York v. U.S. Nuclear Regulatory Commission, 824 F.3d 1012, 1019 (D.C. Cir. 2016) (citing New York v. U.S. Nuclear Regulatory Commission, 681 F.3d 471, 480 (D.C. Cir. 2012) (the court stated that ‘‘the cornerstone of our holding was that the NRC may generically analyze risks that are ‘essentially common’ to all plants so long as that analysis is ‘thorough and comprehensive.’ In this case, we are convinced that the NRC has met that standard.’’)). VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 construction permit or an operating or a combined license for new nuclear reactors. Specifically, the proposed amendments would codify the generic conclusions of the draft NR GEIS for those issues for which a generic conclusion regarding the potential environmental impacts of issuing a permit or license for a new nuclear reactor can be reached. These issues are identified as Category 1 issues in the NR GEIS. Similar to the NUREG–1437, the Category 1 issues identified and described in the NR GEIS may be applied to any new nuclear reactor application and have been determined to have a SMALL impact or significance level. The proposed appendix C, ‘‘Environmental Effect of Issuing a Permit or License for a New Nuclear Reactor,’’ to subpart A of 10 CFR part 51 summarizes the Commission’s findings for all Category 1 issues. In addition, the proposed amendments provide an applicant for a new nuclear reactor with the option to use the NR GEIS, including the reliance upon its generic analyses and the Category 1 findings. In this regard, an applicant can rely upon a given generic or Category 1 finding if it can demonstrate that the design of its proposed nuclear reactor and the parameters of the proposed site meet or are bounded by the values and assumptions of the NR GEIS analysis supporting that Category 1 finding. For each Category 1 issue, each supporting value and assumption is further classified as being part of the plant parameter envelope (PPE) or the site parameter envelope (SPE). The PPE consists of those values and assumptions relating to the design and operation of the nuclear reactor, such as building height, water use, air emissions, employment levels, and noise generation levels. The SPE consists of those values and assumptions relating to the siting of the plant, such as the site size, size of water bodies supplying water to the reactor, and demographics of the region surrounding the site. The NR GEIS provides the analysis evaluating the environmental impacts of a proposed nuclear reactor that fits within the bounds of the PPE on a site that fits within the bounds of the SPE. By using this approach, impact analyses for the environmental issues common to many new reactors can be addressed generically, thereby eliminating the need to repeatedly reproduce the same analyses each time a licensing application is submitted and allowing applicants and the NRC staff to focus future environmental review efforts on PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 issues that only can be resolved once a site and facility are identified. Thus, if an applicant can demonstrate that the proposed nuclear reactor or the proposed site meets or is bounded by these PPE/SPE values and assumptions, then the applicant can adopt the conclusions of that Category 1 finding without having to conduct a projectspecific analysis in its environmental report. Conversely, if an applicant cannot demonstrate that the proposed nuclear reactor or the proposed site meets or is bounded by these values and assumptions, or if the applicant determines that there is new and significant information regarding that Category 1 issue,22 then the applicant cannot adopt the conclusions of that Category 1 finding. In such case, the applicant would then have to prepare a project-specific analysis for that issue in its environmental report. Likewise, in preparing its draft SEIS, the NRC staff would rely upon those Category 1 findings for which the applicant has demonstrated meeting or being bounded by the underlying values and assumptions and would likewise not be required to include a projectspecific analysis within the draft SEIS, unless the NRC staff became aware of new and significant information regarding that Category 1 issue. The Category 1 findings in proposed table C– 1 to appendix C, ‘‘Summary of Findings on Environmental Issues for Issuing a Permit or License for a New Nuclear Reactor,’’ can only be challenged in an individual ASLB licensing proceeding if a waiver is granted by the Commission in accordance with § 2.335(b). The NR GEIS also identifies and describes environmental issues for which a generic finding regarding the respective environmental impacts cannot be reached because the issue requires the consideration of projectspecific information that can only be evaluated once the proposed site and facility are identified. The NRC classifies these issues as Category 2 issues in the NR GEIS and within the proposed amendments. The NRC staff will prepare a project-specific analysis in the draft SEIS for each Category 2 issue, and for each Category 1 issue that the applicant cannot demonstrate that its project has met the underlying values and assumptions or for which there is 22 The proposed amendments would require the applicant, for each Category 1 finding that it relies upon in preparing its environmental report, to describe the process it used to determine whether there is any new and significant information that may change that Category 1 issue’s generic analysis or finding. This proposed requirement is modeled after the requirement in § 51.50(c)(1)(iv) that has been used for new reactor combined license applications that referenced an early site permit. E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS new and significant information. The draft SEIS will also include the NRC staff’s preliminary conclusions regarding the potential environmental impacts for each of these issues. Two additional issues are designated as non-applicable (N/A) (i.e., impacts are uncertain) in the NR GEIS, in that a classification of the issue as either Category 1 or 2 is not possible. These issues relate to human health effects from exposure to electromagnetic fields (EMFs) during both construction and operation. Because the state of the science is currently inadequate, no generic conclusion on human health impacts is possible for these issues. If, in the future, the Commission finds that a general agreement has been reached by appropriate Federal health agencies that there are adverse health effects from EMFs, the Commission will require applicants to submit plant-specific reviews of these health effects as part of their application. The proposed amendments do not require applicants to submit information on these issues in the environmental report nor will the NRC staff prepare a plant-specific analysis for these issues in the draft SEIS. The NRC wishes to emphasize the importance of the public commenting at this time on environmental analyses set forth in the NR GEIS, on the NRC’s classification of the potential environmental impacts of the construction, operation and decommissioning of a new nuclear reactor as either a generic (Category 1) or project-specific (Category 2) issue for each of the issues identified in the NR GEIS, and on the proposed rule changes that would codify the generic findings of the NR GEIS. After a final rule is published and effective, challenging the NRC’s reliance upon a Category 1 issue in an individual new nuclear reactor permitting or licensing action will be prohibited except through an approved waiver in accordance with § 2.335(b). On a 10-year cycle, the Commission intends to review the material in this GEIS and the associated rule and update it if necessary. B. The Fiscal Responsibility Act of 2023 The NRC acknowledges recent amendments to the NEPA statute in the Fiscal Responsibility Act of 2023 (Pub. L. 118–5, 137 Stat. 10) (FRA). The FRA added to NEPA a new section 107(e), which establishes page limits for environmental impact statements, including 300 pages for environmental impact statements for agency actions of ‘‘extraordinary complexity’’ (not including appendices, citations, figures, tables, and other VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 graphics). The NRC finds that, to the extent that section 107(e) applies to the NR GEIS, a 300-page limit is appropriate because the NR GEIS addresses a proposed action of ‘‘extraordinary complexity’’ in light of the complicated systems, structures, and components deployed in operating nuclear power plants; the number of resource areas addressed; and the variety of environments in which nuclear power plants operate. The draft NR GEIS is less than 300 pages and therefore complies with the NEPA page limits. C. Environmental Impacts To Be Reviewed In the draft NR GEIS, the NRC has preliminarily made generic findings that many of the potentially adverse environmental impacts of constructing, operating, and decommissioning a new nuclear reactor will be SMALL provided that the applicant’s proposed nuclear reactor and the proposed site meets or is bounded by the respective values and assumptions supporting the Category 1 finding under consideration. See Section III.C., ‘‘Environmental Impacts to be Reviewed,’’ of this document for a more detailed discussion of the process used in the NR GEIS. The NRC divided its conclusions about environmental impacts in the NR GEIS into the following three categories: • Category 1. Environmental issues for which the NRC has been able to make a generic finding of SMALL adverse environmental impacts, or beneficial impacts, provided that the applicant’s proposed reactor facility and site meet or are bounded by the relevant values and assumptions in the PPE and SPE that support the generic finding for that Category 1 issue.23 • Category 2. Environmental issues for which a generic finding regarding the environmental impacts cannot be reached because the issue requires the consideration of project-specific information that can only be evaluated once the proposed site is identified. The impact significance (i.e., SMALL, MODERATE, or LARGE) 24 for these issues will be determined in a projectspecific evaluation. • Not Applicable (N/A). Environmental issues for which the state of the science is currently inadequate, and no generic conclusion on human health impacts is possible. 23 Beneficial impacts may include increased tax revenues associated with the increased assessed value of new reactor projects, and other economic activity such as increases in local employment, labor income, and economic output. 24 See Section II.B. of this document for a description of the SMALL, MODERATE, and LARGE significance levels used by the NRC in its EISs. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 80803 In the NR GEIS, the NRC identifies a total of 122 environmental issues that may be associated with constructing, operating, and decommissioning a new nuclear reactor; of these issues, the NRC identified 100 environmental issues as Category 1 issues. Chapter 3, ‘‘Affected Environment and Environmental Consequences,’’ of the NR GEIS provides the analyses supporting the generic finding of a SMALL significance level impact for each Category 1 issue and indicates the relevant values and assumptions in the PPE and SPE underlying the analyses. Applicants and the NRC staff may rely on the generic finding for each Category 1 issue, as codified in proposed table C–1, provided that the applicant’s proposed reactor facility and the proposed site meet or are bounded by the relevant values and assumptions for that Category 1 issue and that there is no new and significant information that changes the issue’s generic analysis or finding, as determined by the NRC. The NR GEIS identifies 20 environmental issues as Category 2 issues. These issues cannot be evaluated generically and must be evaluated by the applicant, in its environmental report, and the NRC staff, in the draft SEIS, using project-specific information. For example, the Endangered Species Act of 1973 (ESA) requires every Federal agency to consult with the ‘‘Service’’ 25 and document its consideration of the impacts of its actions on threatened and endangered species and critical habitats. The NRC typically conducts this ESA analysis in parallel with its NEPA process. Finally, for two environmental issues, the NR GEIS identifies the category as N/A. The two issues concern the potential exposure to EMFs from construction and operation. Studies of 60 Hertz (Hz) EMFs have not uncovered consistent evidence linking harmful effects with field exposures. Because the state of the science is currently inadequate, no generic conclusion on human health impacts is possible. If, in the future, the Commission finds that a general agreement has been reached by appropriate Federal health agencies that there are adverse health effects from EMFs regarding these two issues, the Commission will then treat the issue in a manner similar to a Category 2 issue and require applicants to submit 25 Depending on the species impacted, the agency will consult with either the U.S. Fish & Wildlife Service (U.S. Department of the Interior) or the National Marine Fisheries Service (U.S. Department of Commerce), as provided in the Services’ joint regulations at 50 CFR part 402, ‘‘Interagency Cooperation—Endangered Species Act of 1973, as Amended.’’ E:\FR\FM\04OCP1.SGM 04OCP1 80804 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules project-specific reviews of these health effects in their environmental report. Until such time, applicants are not required to submit information on these issues. khammond on DSKJM1Z7X2PROD with PROPOSALS D. Generic Environmental Impact Statement The purpose of the NR GEIS is to present impact analyses for the environmental issues common to many new nuclear reactors that can be addressed generically, thereby eliminating the need to repeatedly reproduce the same analyses each time a licensing application is submitted and allowing applicants and NRC staff to focus future environmental review efforts on issues that can only be resolved once a site is identified. The NR GEIS is intended to improve the efficiency of licensing new nuclear reactors by: (1) identifying the types of potential environmental impacts of constructing, operating, and decommissioning a new nuclear reactor, (2) assessing impacts that are expected to be generic (the same or similar) for many new nuclear reactors (Category 1 issues), and (3) defining the environmental issues that will need to be addressed in project-specific SEISs (Category 2 issues). The NRC staff has preliminarily concluded in the draft NR GEIS that the potential environmental impacts will be beneficial or of a SMALL adverse significance level for Category 1 issues. In the NR GEIS, the NRC staff evaluated the impacts of constructing, operating, and decommissioning a new nuclear reactor sited within the United States that meets or is bounded by the values and assumptions in the PPE and SPE for each Category 1 issue. The term ‘‘building,’’ as used in the NR GEIS, includes the full range of preconstruction activities (e.g., site grading) and NRC-authorized ‘‘construction’’ activities.26 Further, for purposes of the NR GEIS, the NRC staff assumed that the U.S. Army Corps of Engineers would be a cooperating agency, in accordance with the memorandum of understanding (MOU) between the two agencies dated September 12, 2008.27 In this regard, the U.S. Army Corps of Engineers has been 26 The NRC has regulatory authority over those construction activities that are related to radiological health and safety, physical security, or otherwise pertain to radiological controls. The NRC defines these activities as ‘‘construction’’ in § 51.4, ‘‘Definitions.’’ As stated in § 51.45(c) preconstruction is defined as those activities listed in § 51.4(1)(ii). 27 The MOU between the NRC and the U.S. Army Corps of Engineers, dated September 12, 2008, is available in ADAMS under the accession number ML082540354. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 a cooperating agency since the MOU was signed in 2008. In addition, the NR GEIS considered fuel cycle impacts and the impacts from continued storage of spent fuel, including incorporating by reference the NRC’s NUREG–2157, as further described below. Because there may be multiple new nuclear reactor designs and a new nuclear reactor could be sited anywhere in the United States that meets the NRC siting requirements in 10 CFR part 100, ‘‘Reactor Site Criteria,’’ the NRC applied a technology-neutral, performancebased approach using a PPE. The PPE consists of parameters for specific reactor design features regardless of the site. Examples of parameters include the permanent footprint of disturbance, building height, water use, air emissions, employment levels, and noise generation levels. For each PPE parameter, the NRC staff developed a set of bounding values and assumptions that if met, and absent any new and significant information, would demonstrate that the potential environmental impacts for that PPE parameter would be SMALL. In addition, the NRC staff developed a set of site-related parameters termed the SPE. Examples of parameters include site size, size of water bodies supplying water to the reactor, and demographics of the region surrounding the site. For each SPE parameter, the NRC staff developed a set of bounding values and assumptions related to the condition of the affected environment, such as the extent and occurrence of nearby bodies of water, wetlands and floodplains, and proximity to sensitive noise receptors. Similar to a PPE parameter, if an applicant can demonstrate that the proposed reactor site meets the SPE parameter’s bounding values and assumptions, and absent any new and significant information, then the potential environmental impacts for that SPE parameter would be SMALL. Under this proposed rule, a proposed reactor site would be determined to meet a given Category 1 issue if the applicant has demonstrated that it has met the bounding values and assumptions of each PPE and SPE parameter relevant to that Category 1 issue and that there is no new and significant information. The PPE and SPE values and assumptions in the NR GEIS were developed by an interdisciplinary team of subject matter experts (SMEs) assigned to prepare the NR GEIS. The SMEs developed the values and assumptions based on one or more criteria, as described in the NR GEIS. The NR GEIS identifies specific types of potential environmental impacts for PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 16 environmental resource areas: land use, visual resources, meteorology and air quality, water resources (surface and groundwater), terrestrial ecology, aquatic ecology, historic and cultural resources, environmental hazards (radiological and nonradiological), noise, waste management (radiological and nonradiological), postulated accidents, socioeconomics, environmental justice, fuel cycle, transportation of fuel and waste, and decommissioning. Each resource area includes one or more types of potential impacts, and each type of potential impact is termed an issue. In addition to the 16 environmental resource areas, the NRC staff considered climate change, cumulative impacts, purpose and need, need for power, site alternatives, energy alternatives, and system design alternatives. Each of the 122 issues that were identified corresponds to a specific type of environmental impact determined by the interdisciplinary team of SMEs that could potentially result from construction, operation, or decommissioning of a new nuclear reactor. For each issue, the SMEs then determined whether it would be possible to identify values and assumptions in the PPE and SPE that could effectively bound a meaningful generic analysis and provided the basis for each value and assumption. The SMEs then performed and described their generic analyses for each issue, for a hypothetical reactor/site that meets the PPE and SPE values and assumptions in the NR GEIS. The values and assumptions were set such that the SMEs could reach a generic conclusion of SMALL adverse impacts, and the issue was then designated as a Category 1 issue. Issues for which the potential impacts are beneficial were also designated as Category 1. Issues for which the NRC staff could not reach a generic conclusion regarding impacts were designated as Category 2 issues. In addition, two issues were placed in the category of N/A because the state of the science is currently inadequate, and no generic conclusion on human health impacts is possible. An applicant addressing a Category 1 issue in its environmental report may refer to the generic analysis in the NR GEIS for that issue and rely upon the generic finding of a SMALL significance level, without further analysis, provided that it demonstrates that the relevant values and assumptions of the PPE and SPE used in the resource analysis are met and there is no new and significant information that would require projectspecific analysis. The applicant will E:\FR\FM\04OCP1.SGM 04OCP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules have to document how the proposed reactor facility and the proposed site meet or are bounded by the applicable values and assumptions for that Category 1 issue and describe the process it used to determine whether there is any new and significant information that may change that Category 1 issue’s generic analysis or finding. The extent of the information necessary to demonstrate that the applicant’s project meets or is bounded by a given value or assumption will vary. In some cases, the demonstration may only require showing that the project falls within a parameter value or assumption (e.g., building height). But in other cases, analysis may be required to demonstrate that a value or assumption has been met (e.g., noise levels). In its environmental report, the applicant would have to supply the requisite information necessary for the NRC staff to perform a project-specific analysis for (1) Category 1 issues for which the relevant values and assumptions are not met, or for which new and significant information was identified, and (2) all Category 2 issues. Guidance for applicants providing information to the NRC staff in an environmental report is available in RG 4.2, ‘‘Preparation of Environmental Reports for Nuclear Power Stations.’’ If a project-specific analysis is required for a Category 1 issue, the applicant may be able to incorporate by reference all or part of the generic analysis provided in the NR GEIS as a part of its analysis and focus on providing any additional project-specific information needed to support its conclusion. After the applicant submits its environmental report, the NRC staff will prepare the draft SEIS, and following the public comment period, the final SEIS. When considering a Category 1 issue in a SEIS, the NRC staff will likewise refer to the generic analysis in the NR GEIS for that issue without further analysis, provided that the relevant values and assumptions in the PPE and SPE are met and there is no new and significant information that changes the generic finding for that Category 1 issue. The NRC staff also will document that the applicant has demonstrated that the values and assumptions are met for that issue. The NRC staff will complete a projectspecific analysis in accordance with the latest version of the Environmental Standard Review Plan or related guidance (such as any relevant interim staff guidance) for (1) Category 1 issues for which the relevant values and assumptions are not met, or for which new and significant information was VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 identified, and (2) all Category 2 issues. If a project-specific analysis is required for a Category 1 issue, the NRC staff may be able to incorporate by reference all or part of the generic analysis provided in the NR GEIS as a part of its analysis and focus on providing any additional project-specific information needed to support its conclusion. E. Summary of Issues Analyzed in the NR GEIS The following describes those environmental issues that were examined for the NR GEIS and summarizes the conclusions by resource area. The determination that an applicant can rely on the finding for a Category 1 issue assumes that the applicant can demonstrate that its proposed reactor facility and the proposed site meet or is bounded by all the respective values and assumptions of that Category 1 issue, and further, that there is no new and significant information related to that issue. 1. Land Use The NRC staff evaluated the potential impacts to onsite and offsite land use for both construction and operation. In addition, the NRC staff considered the impacts of the project in accordance with the Coastal Zone Management Act and the Farmland Protection Policy Act, if applicable. The NRC staff concluded that all identified issues can be classified as Category 1 issues. 2. Visual Resources The NRC staff evaluated the potential visual impacts in the site and vicinity and along the transmission lines for both the construction and operation. The NRC staff concluded that all identified issues can be classified as Category 1 issues. 3. Meteorology and Air Quality The NRC staff evaluated the potential air quality impacts from the emissions of criteria pollutants, dust and hazardous pollutants, and greenhouse gas emissions for both construction and operation. In addition, the NRC staff considered the potential operationsrelated air quality impacts from coolingsystem emissions and the emission of ozone and nitrogen oxides during transmission line operations. The NRC staff concluded that all identified issues can be classified as Category 1 issues. 4. Water Resources The NRC staff evaluated the potential impacts to water use and water quality for both surface water and groundwater for both construction and operation. The NRC staff concluded that all identified PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 80805 issues can be classified as Category 1 issues, with one exception. The NRC staff determined that surface water quality degradation due to chemical and thermal discharges could not be resolved generically because there was no practical way to develop a comprehensive bounding set of water quality criteria, including both thermal and chemical criteria, for the PPE and SPE. Therefore, this issue is a Category 2 issue, and thus requires a projectspecific evaluation. 5. Terrestrial Ecology The NRC staff evaluated the potential impacts to terrestrial wildlife, habitats, and wetlands for both construction and operation. The NRC staff concluded that all identified issues can be classified as Category 1 issues, with two exceptions. The NRC staff determined that the potential impacts to wildlife regulated under the ESA could not be generically resolved for either construction or operations because the NRC staff would need to consult individually with the U.S. Fish and Wildlife Service under ESA Section 7 regarding the potential effects of each specific licensing action. Therefore, these issues are Category 2 issues, and thus require a projectspecific evaluation. 6. Aquatic Ecology The NRC staff evaluated the potential impacts to aquatic wildlife and habitats for both construction and operation. The NRC staff concluded that all identified issues can be classified as Category 1 issues, with four exceptions. The NRC staff determined that the potential impacts to resources regulated under the ESA and the Magnuson-Stevens Fishery Conservation and Management Act could not be generically resolved for either construction or operations because the NRC staff would need to consult individually with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service under ESA Section 7 and the MagnusonStevens Act regarding the potential effects of each specific licensing action. In addition, the NRC staff determined that potential thermal impacts on aquatic biota and other potential effects of cooling-water discharges on aquatic biota could not be resolved generically. For both of these issues, the NRC staff would have to first review the discharge plume analysis and the aquatic biota potentially present before being able to reach a conclusion regarding the possible significance of impacts on the biota. Therefore, these four issues are Category 2 issues, and thus require project-specific evaluations. E:\FR\FM\04OCP1.SGM 04OCP1 80806 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 7. Historic and Cultural Resources Both construction and operation of a new nuclear reactor have the potential to affect historic and cultural resources. The NRC staff would need to complete a project-specific consultation in accordance with Section 106 of the National Historic Preservation Act as part of its environmental review. Therefore, these two issues are Category 2 issues, and thus require projectspecific evaluations. 8. Environmental Hazards This resource area encompasses both radiological impacts and nonradiological impacts. The NRC staff evaluated the potential impacts of environmental hazards for both construction and operation. The NRC staff concluded that all identified issues can be classified as Category 1 issues, with two exceptions. These two issues are the human health impacts of EMFs for both construction and operation. The NRC staff determined that because the state of the science regarding the human health impacts of EMFs is currently inadequate, no generic conclusion on those impacts is possible, and has classified these issues as N/A. If, in the future, the Commission finds that a general agreement has been reached by appropriate Federal health agencies that there are adverse health effects from EMFs, the Commission will require applicants to submit plant-specific reviews of these health effects as part of their application. Until such time, applicants are not required to submit information on this issue. khammond on DSKJM1Z7X2PROD with PROPOSALS 9. Noise The NRC staff evaluated the potential impacts of noise for both construction and operation. The NRC staff concluded that all identified issues can be classified as Category 1 issues. 10. Waste Management This resource area encompasses the potential impacts of both radiological waste management and nonradiological waste management. The NRC staff evaluated the potential operational impacts of radiological waste management. In addition, the NRC staff evaluated the potential impacts of nonradiological waste management for both construction and operation. The NRC staff concluded that all identified issues can be classified as Category 1 issues. 11. Postulated Accidents The NRC staff evaluated the potential operational impacts of postulated accidents (because these impacts occur only during operations). The NRC staff VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 concluded that all identified issues can be classified as Category 1 issues, with one exception. The NRC staff determined that severe accidents are a Category 2 issue. Based on the analysis in the preliminary or final safety analysis report regarding severe accidents and probabilistic risk assessments, if a new nuclear reactor design has severe accident progressions that involve radiological or hazardous chemical releases, then a projectspecific environmental risk evaluation must be performed. 12. Socioeconomics The NRC staff evaluated the potential impacts of socioeconomics for both construction and operation. The NRC staff concluded that these two issues can be classified as Category 1 issues. 13. Environmental Justice Both construction and operation may raise environmental justice issues. The NRC staff has determined that potential environmental justice impacts during construction or operations cannot be determined without the consideration of meaningful project-specific factors, and therefore, are Category 2 issues. Projectspecific factors include the presence, geographic location, and size of specific minority or low-income populations; impact pathways derived from the plant design, layout, or site characteristics; or other community characteristics affecting specific minorities or lowincome populations. 14. Fuel Cycle The NRC staff evaluated the potential operational impacts of the fuel cycle (because these impacts do not occur during construction). The NRC staff concluded that all identified issues can be classified as Category 1 issues. However, because the values and assumptions do not encompass the potential fuel fabrication impacts for metal fuel and liquid-fueled molten salt, such fuels would require a projectspecific analysis. The NR GEIS incorporates by reference NUREG–2157, in which the NRC evaluated the environmental impacts of the continued storage of spent nuclear fuel beyond the licensed life for the operation of light-water reactors (LWRs). In § 51.23, the NRC specifies that NUREG–2157 is deemed to be incorporated into the EIS for a new reactor. However, NUREG–2157 did not evaluate the storage of spent nuclear fuel from non-LWRs. The NRC staff expects that many new nuclear reactors will not be LWRs. The NR GEIS therefore evaluates the applicability of NUREG–2157 and determines that the PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 findings in NUREG–2157 are applicable to non-LWR fuel, provided that the nonLWR fuel is stored in a manner that meets the regulatory requirements for spent fuel storage cask approval and fabrication in accordance with subpart L, ‘‘Approval of Spent Fuel Storage Casks,’’ to 10 CFR part 72. 15. Transportation The NRC staff evaluated the potential operational impacts of the transportation of fuel and waste to and from new nuclear reactors (because these impacts occur only during operations). The NRC staff concluded that all identified issues can be classified as Category 1 issues. 16. Decommissioning The NRC staff previously evaluated the environmental impacts of the decommissioning of nuclear power reactors as residual radioactivity at the site is reduced to levels that allow for termination of the NRC license. This evaluation was documented in the ‘‘Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities’’ (Decommissioning GEIS, NUREG–0586, Supplement 1). The NRC staff evaluated NUREG–0586, Supplement 1, and determined that its conclusions and analysis are applicable to new reactors in the NR GEIS. Therefore, for the purposes of the NR GEIS, the environmental impacts of decommissioning for certain resource areas that were generically addressed in NUREG–0586, would be limited to operational areas, would not be detectable or destabilizing, and are expected to have a negligible effect on the impacts of terminating operations and decommissioning. The issues for which these generic findings were made in the Decommissioning GEIS are designated as a Category 1 issue in the NR GEIS. However, certain issues in NUREG– 0586, Supplement 1 were determined to require project-specific analysis and certain others to require project-specific analysis under certain conditions. These issues are therefore designated as Category 2 issues in the NR GEIS. NUREG–0586, Supplement 1, is incorporated into the NR GEIS. 17. Issues Applying Across Resources The NRC staff determined that the impacts related to climate change and the consideration of cumulative impacts could not be evaluated generically. As such, both of these issues have been classified as Category 2 issues and thus require a project-specific evaluation. E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 18. Non-Resource Related Category 2 Issues The NR GEIS addresses the environmental impact issues associated with constructing, operating, and decommissioning a new nuclear reactor. However, the environmental report and the NRC staff’s SEIS must also include other information, as required by the regulations and discussed in regulatory guidance. These are not resourcespecific issues. Rather, they are projectspecific issues, not tied to any specific environmental resource, that are necessary to support the NRC staff’s completion of its environmental review in accordance with NEPA. These issues cannot be evaluated generically and must be addressed in the environmental report and SEIS using project-specific information. In the NR GEIS, the NRC staff identified the following issues: purpose and need, need for power, site alternatives, energy alternatives, and system design alternatives. This list is not all-inclusive. NRC regulations at 10 CFR part 51 and guidance such as RG 4.2 describe information not included in this list that must be included as part of an application. khammond on DSKJM1Z7X2PROD with PROPOSALS F. Public Comments on Notice of Exploratory Process and Notice of Intent To Prepare a Generic Environmental Impact Statement On November 15, 2019 (84 FR 62559), the NRC published in the Federal Register, ‘‘Agency Action Regarding the Exploratory Process for the Development of an Advanced Nuclear Reactor Generic Environmental Impact Statement,’’ announcing an exploratory process and soliciting comments to determine the possibility of developing a GEIS for licensing advanced nuclear reactors. The exploratory process included two public meetings, a public workshop attended by multiple stakeholders, and a site visit to the Idaho National Laboratory, a location that is being contemplated for construction and operation of advanced nuclear reactors. Advice and recommendations on the possibility of preparing an advanced nuclear reactor GEIS were invited from all interested persons. Comments were specifically requested on the whether the scope of the GEIS should include reactors regardless of technology or be limited to specific reactor technologies, what reactor sizes (footprint) and power levels should be included in the scope of the GEIS, whether the geographical site of a reactor should be considered in developing the scope of the GEIS, and whether a set of bounding plant parameters should be consider in VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 developing the scope of the GEIS, and if so, what parameters should be considered. The NRC received comments that both supported and opposed the development of an advanced nuclear reactor GEIS. Commenters who supported development of an advanced nuclear reactor GEIS stated that it would improve the efficiency of the environmental review process, would avoid duplication of effort, and would focus future reviews on important environmental issues. Commenters who did not support development of an advanced nuclear reactor GEIS stated that the GEIS would be premature at this time and that the NRC staff did not have sufficient information available to resolve issues generically. Based on the results of the exploratory process, the NRC staff concluded that there was sufficient information to complete an advanced nuclear reactor GEIS which would generically resolve many environmental issues, save resources for individual reviews, and provide predictability for potential applicants in developing their applications. The results of the exploratory process were summarized in SECY–20–0020, ‘‘Results of Exploratory Process for Developing a Generic Environmental Impact Statement for the Construction and Operation of Advanced Nuclear Reactors,’’ issued on February 28, 2020. On April 30, 2020 (85 FR 24040), the NRC published in the Federal Register, ‘‘Notice To Conduct Scoping and Prepare an Advanced Nuclear Reactor Generic Environmental Impact Statement.’’ Advice and recommendations on the scope of the GEIS were invited from all interested persons. Comments were requested regarding the parameters that the NRC should use to bound the advanced nuclear reactors in the PPE (including power level and size of the site) and the parameters that should be used to bound the affected environment in the SPE. In addition, comments were requested on resources or issues that could be resolved generically and ones that could not. The NRC received comments concerning the NEPA process, the PPE and SPE, hydrology, socioeconomics, environmental justice, historic and cultural resources, climate change, radiological health, uranium fuel cycle, accidents, transportation of spent fuel, and need for power. The NRC also received general comments in support of and opposition to the advanced nuclear reactor GEIS, and comments concerning issues outside the scope of the GEIS. A summary of comments and the NRC staff response are available in PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 80807 the scoping summary report issued on September 25, 2020, which is available as indicated in the ‘‘Availability of Documents’’ section of this document. G. Clarifying Amendment for Postoperating Licenses The NRC is proposing to add to §§ 51.53(d) a cross-reference to the license termination provisions under § 52.110, ‘‘Termination of license.’’ This change will clarify in § 51.53(d) that NRC’s requirements at 10 CFR part 52 also include license termination provisions. IV. Specific Requests for Comment The NRC is seeking public comment on this proposed rule, the NR GEIS, draft regulatory guide (DG), DG–4032, ‘‘Preparation of Environmental Reports for Nuclear Power Stations,’’ and draft Interim Staff Guidance COL–ISG–030, ‘‘Environmental Considerations Associated with New Nuclear Reactor Applications that Reference the Generic Environmental Impact Statement (NUREG–2249).’’ In addition, the NRC staff developed two draft documents referenced in DG–4032, the ‘‘Energy and System Design Mitigation Alternatives White Paper’’ (‘‘White Paper’’) and ‘‘Recommendations for an Applicant to Calculate Activity Data for Greenhouse Gases Estimates’’ (‘‘GHG Estimates’’). These documents are references to DG– 4032 and, therefore, are open to review and comment from the public. The DG– 4032, COL ISG–030, the White Paper, and the GHG Estimates document are described in Section XIV, ‘‘Availability of Guidance,’’ of this document. Further, the NRC staff is particularly interested in comments and supporting rationale from the public on the following: 1. Plant parameter envelope and site parameter envelope values and assumptions: If a commenter believes the NRC staff is using an inappropriate value to result in a SMALL impact (either too restrictive, or not restrictive enough), explain the basis for that position and provide an alternative proposed parameter value. 2. Environmental issues evaluated: Are there any environmental issues that the NRC staff did not include in the scope of the NR GEIS and the proposed rule that should be included? Commenters should provide the basis for considering any proposed environmental issues. 3. Categorization of issues: Are the environmental issues categorized appropriately? In other words, are there Category 1 issues that should be Category 2, or Category 2 issues that E:\FR\FM\04OCP1.SGM 04OCP1 80808 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS should be Category 1? Provide a basis for such conclusions. 4. Scope of proposed rule changes and GEIS: Is the applicability of the GEIS to new reactors (which includes advanced nuclear reactors) clearly articulated? Do the proposed revisions adequately address all licensing scenarios associated with evaluating the environmental impacts of permitting and licensing new nuclear reactor construction and operation? For example, no changes are proposed to § 51.53(b), ‘‘Post-construction environmental report–operating license stage,’’ because this provision already references the requirements of § 51.50, ‘‘Environmental report—construction permit, early site permit, or combined license stage,’’ which is modified by the proposed rule. Commenters should clearly specify any proposed regulatory text additions or changes and provide the basis for such proposed changes. 5. Guidance for applicants: Are the methods described in the draft revision to RG 4.2 for demonstrating values and assumptions appropriate? Describe and justify any methods that the commenter believes are not appropriate. 6. Limited Work Authorizations: Should the NRC expand the NR GEIS and the rule to include NRC approval of limited work authorizations (LWAs) 28 for new nuclear reactor applications? Specifically, should an LWA applicant that demonstrates that its proposed project meets or is bounded by the PPE and SPE values and assumptions for a given Category 1 issue be able to rely on the generic findings for that issue in preparing the environmental report that it will submit in support of its LWA application? Similarly, should the NRC be able to rely on the generic findings for that Category 1 issue in preparing its supplemental environmental impact statement? If the NRC were to expand the NR GEIS and the rule to include NRC approval of LWAs, the expansion would cover both LWAs submitted as a stand-alone application and an LWA request submitted in conjunction with an application for another form of NRC approval described in the NR GEIS and 28 A LWA permits a nuclear power plant applicant to engage in certain reactor construction activities before the NRC issues a 10 CFR part 50 construction permit or a 10 CFR part 52 combined license. The applicable NRC regulations for LWAs include §§ 50.10, ‘‘License required; limited work authorization;’’ 52.1(a); 52.17(c); 52.24, ‘‘Issuance of early site permit;’’ 52.27, ‘‘Limited work authorization after issuance of early site permit;’’ 52.80, ‘‘Contents of applications; additional technical information;’’ and 52.91, ‘‘Authorization to conduct limited work authorization activities.’’ The NRC last amended its LWA regulations in 2007 (72 FR 57416; October 9, 2007). VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 in the proposed rule (e.g., a construction permit application). V. Section-by-Section Analysis The following paragraphs describe the specific changes proposed by this rulemaking. Section 51.50, Environmental Report— Construction Permit, Early Site Permit, or Combined License Stage The NRC proposes to amend paragraph (a) by adding a new second sentence regarding the requirement for non-LWR applicants to address fuel cycle impacts, making this paragraph consistent with the existing language in paragraphs (b) and (c). The NRC proposes to add a new paragraph (d) to permit the use of the NR GEIS for an application for a construction permit, early site permit, or combined license for a new nuclear reactor. Section 51.53, Postconstruction Environmental Reports The NRC proposes to amend the first sentence of paragraph (d) by adding ‘‘§ 52.110’’ to reflect that 10 CFR part 52 also includes license termination provisions. Section 51.75, Draft Environmental Impact Statement—Construction Permit, Early Site Permit, or Combined License The NRC proposes to add a new paragraph (d) to provide direction on the preparation of a draft supplemental environmental impact statement for an application that makes use of the NR GEIS for a construction permit, early site permit, or combined license for a new nuclear reactor. Section 51.96, Final Supplemental Environmental Impact Statement Relying on Appendix C to Subpart A The NRC proposes to add a new section to provide direction on preparation of a final supplemental environmental impact statement for a new nuclear reactor application that relied on any of the findings in appendix C to subpart A of this part in preparing a draft supplemental environmental impact statement in accordance with § 51.75(d). Appendix C to Subpart A, Environmental Effect of Issuing a Permit or License for a New Nuclear Reactor The NRC proposes to add appendix C to add a table to codify the NR GEIS findings and to specify values and assumptions that need to be met by the applicant to incorporate Category 1 conclusions into the environmental PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 report and identify the Category 2 and uncategorized issues that need to be evaluated on a project-specific basis. Proposed appendix C states that, on a 10-year cycle, the Commission intends to review the material in this appendix and update it if necessary. VI. Regulatory Flexibility Certification The Regulatory Flexibility Act of 1980 (RFA), as amended at 5 U.S.C. 601 et seq., requires that agencies consider the impact of their rulemakings on small entities and, consistent with applicable statutes, consider alternatives to minimize these impacts on the businesses, organizations, and government jurisdictions to which they apply. In accordance with the Small Business Administration’s regulation at 13 CFR 121.903(c), the NRC has developed its own size standards for performing an RFA analysis and has verified with the SBA Office of Advocacy that its size standards are appropriate for NRC analyses. The NRC size standards at 10 CFR 2.810, ‘‘NRC size standards,’’ are used to determine whether an applicant or licensee qualifies as a small entity in the NRC’s regulatory programs. Section 2.810 defines the following types of small entities: small business is a for-profit concern and is a—(1) Concern that provides a service or a concern not engaged in manufacturing with average gross receipts of $8.0 million or less over its last 5 completed fiscal years; or (2) Manufacturing concern with an average number of 500 or fewer employees based upon employment during each pay period for the preceding 12 calendar months. small organization is a not-for-profit organization which is independently owned and operated and has annual gross receipts of $8.0 million or less. small governmental jurisdiction is a government of a city, county, town, township, village, school district, or special district with a population of less than 50,000. small educational institution is one that is—(1) Supported by a qualifying small governmental jurisdiction; or (2) Not state or publicly supported and has 500 or fewer employees. Number of Small Entities Affected The NRC is currently aware of no known small entities as defined in § 2.810 that are planning to apply for a new nuclear reactor construction permit or operating license under 10 CFR part 50 or an early site permit or combined license under 10 CFR part 52, which would be impacted by this proposed E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS rule. Based on this finding, the NRC has preliminarily determined that the proposed rule would not have a significant economic impact on a substantial number of small entities. Economic Impact on Small Entities Depending on how the ownership and/or operating responsibilities for such an enterprise were structured, applicants for a new nuclear reactor rated 8 megawatts electric (MWe) or less could conceivably meet the definition of small entities as defined by § 2.810. Owners that operate power reactors rated greater than 8 MWe could generate sufficient electricity revenue that exceeds the gross annual receipts limit of $7 million, assuming a 90 percent capacity factor and the 2023 U.S. Department of Energy’s Energy Information Administration U.S. average price of electricity to the ultimate customer for all sectors of 12.7 cents per kilowatt-hour. 29 Although the NRC is not aware of any small entities that would be affected by the proposed rule, there is a possibility that future applications for a new nuclear reactor permit or license could be submitted by small entities who plan to own and operate a nuclear reactor rated 8 MWe or less. Nuclear reactors that are rated 8 MWe or less would most likely be used to support electrical demand for military bases, small remote towns, and process heat and would not directly compete with larger nuclear reactors that typically produce electricity for the grid. As a result of these differing purposes, the NRC would expect that small and large entities would not be in direct competition with each other. Regulations at § 171.16(c) allow for certain NRC licensees to pay reduced annual fees if they qualify as small entities, although these regulations do not include licensees authorized to conduct activities under either 10 CFR part 50 or 10 CFR part 52. However, should a small entity apply for a nuclear reactor license or permit, the small entity could request a one-time fee exemption. In subsequent years, the NRC licensee could submit a new request for a fee exemption for each fiscal year for which it desires an exemption. Additionally, after the small entity receives an operating license under 10 CFR part 50 or under part 52 and has completed power ascension testing, the small entity would be eligible for a reduced annual fee under § 171.15, ‘‘Annual fees: Non-power production or utilization licenses, 29 https://www.eia.gov/electricity/monthly/epm_ table_grapher.php?t=epmt_5_03. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 reactor licenses, and independent spent fuel storage licenses,’’ based on the cumulative licensed thermal power rating of the reactor. The fiscal year 2023 annual fee for each large operating power reactor is $5,492,000. Therefore, the NRC preliminarily concludes that this proposed rule would not have a significant economic impact on a substantial number of small entities. Request for Comments The NRC is seeking comments on both its initial RFA analysis and on its preliminary conclusion that this proposed rule would not have a significant economic impact on a substantial number of small entities because of the likelihood that most expected applicants would not qualify as a small entity. Additionally, the NRC is seeking comments on its preliminary conclusion that if a small entity were to submit a new nuclear reactor application, the small entity would not incur a significant economic impact as it would most likely not be in competition with a large entity. Any small entity that could be subject to this regulation that determines, because of its size, it is likely to bear a disproportionate adverse economic impact should notify the Commission of this opinion in a comment that indicates— (1) The applicant’s size and how the proposed regulation would impose a significant economic burden on the applicant as compared to the economic burden on a larger applicant; (2) How the proposed regulations could be modified to take into account the applicant’s differing needs or capabilities; (3) The benefits that would accrue or the detriments that would be avoided if the proposed regulations were modified as suggested by the applicant; (4) How the proposed regulation, as modified, would more closely equalize the impact of NRC regulations or create more equal access to the benefits of Federal programs as opposed to providing special advantages to any individual or group; and (5) How the proposed regulation, as modified, would still adequately meet the NRC’s obligations under NEPA. VII. Regulatory Analysis The NRC has prepared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the NRC. The NRC requests public comment on the draft regulatory analysis. The regulatory analysis is available as indicated in the PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 80809 ‘‘Availability of Documents’’ section of this document. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES caption of this document. VIII. Backfitting and Issue Finality The proposed rule would codify in 10 CFR part 51 certain environmental issues identified in the NR GEIS. The proposed rule also revises 10 CFR part 51 to allow an applicant for a new nuclear reactor construction permit or operating license under 10 CFR part 50, or a new nuclear reactor early site permit or combined license under 10 CFR part 52, to use the NR GEIS in preparing its environmental report. The proposed rule would require the NRC staff to prepare a project-specific draft SEIS and final SEIS for each application that references the NR GEIS. The NRC has determined that the backfitting rule in § 50.109, ‘‘Backfitting,’’ and the issue finality provisions in 10 CFR part 52 do not apply to this proposed rule because this amendment does not involve any provision that would either constitute backfitting as that term is defined in 10 CFR chapter I or affect the issue finality of any approval issued under 10 CFR part 52. The proposed rule would not constitute backfitting for applicants for construction permits or operating licenses under 10 CFR part 50 and would not affect the issue finality of applicants for early site permits or combined licenses under 10 CFR part 52. These applicants are not, with certain exceptions not applicable here, within the scope of the backfitting or issue finality provisions. The backfitting and issue finality regulations include language delineating when the backfitting and issue finality provisions begin; in general, they begin after the issuance of a license, permit, or other approval (e.g., §§ 50.109(a)(1)(iii) and 52.98(a)). Furthermore, neither the backfitting provisions nor the issue finality provisions, with certain exceptions not applicable here, are intended to apply to NRC actions that substantially change the expectations of current and future applicants. Applicants cannot reasonably expect that future requirements will not change. The exceptions to the general principle are applicable when an applicant references a 10 CFR part 52 approval (e.g., an early site permit or design certification rule) with specified issue finality provisions or a construction permit under 10 CFR part 50. However, this proposed rule would have no effect on a construction permit held by an applicant for a 10 CFR part E:\FR\FM\04OCP1.SGM 04OCP1 80810 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS 50 operating license or an early site permit referenced by an applicant for a 10 CFR part 52 combined license. Therefore, for purposes of this proposed rule, the exceptions to the general principle do not apply. IX. Cumulative Effects of Regulation The NRC is following its cumulative effects of regulation (CER) process by engaging with external stakeholders throughout the rulemaking and related regulatory activities. Public involvement has included (1) the publication of a notice announcing an exploratory process and opportunity for comment to determine the possible utility of developing an advanced nuclear reactor GEIS on November 15, 2019 (84 FR 62559); (2) public meetings on November 15 and November 20, 2019, and a workshop on January 8, 2020, to gather information for the exploratory process; (3) the publication of a notice of intent to conduct scoping and prepare an advanced nuclear reactor GEIS on April 30, 2020 (85 FR 24040); (4) a public meeting on May 28, 2020, to receive comments on the scope of the GEIS; and (5) public meetings on October 1, 2020 and April 15, 2021, to share information about the NRC’s progress on the development of the GEIS. The NRC is issuing draft guidance along with this proposed rule to support more informed external stakeholder understanding and feedback. The draft guidance is available as indicated in the ‘‘Availability of Documents’’ section of this document. Further, the NRC will continue to hold public meetings throughout the rulemaking process. In addition to the questions on the implementation of this proposed rule presented in the ‘‘Specific Requests for Comments’’ section of this document, the NRC is requesting CER feedback on the following questions: 1. In light of any current or projected CER challenges, does the proposed rule’s effective date, compliance date, or submittal date(s) provide sufficient time to implement the new proposed requirements, including changes to programs, procedures, and the facility? Provide a rationale for your answer. 2. If CER challenges currently exist or are expected, what should be done to address them? For example, if more time is required for implementation of the new requirements, what period of time is sufficient? 3. Do other (NRC or other agency) regulatory actions (e.g., orders, generic communications, license amendment requests, inspection findings of a generic nature) influence the implementation of this proposed rule’s VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 requirements? Provide a rationale for your answer. 4. Are there unintended consequences? Does the proposed rule create conditions that would be contrary to this proposed rule’s purpose and objectives? If so, what are the unintended consequences, and how should they be addressed? 5. Please comment on the NRC’s cost and benefit estimates in the draft regulatory analysis that supports the proposed rule. The draft regulatory analysis is available as indicated in the ‘‘Availability of Documents’’ section of this document. X. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31885). The NRC requests comment on this document with respect to the clarity and effectiveness of the language used. XI. National Environmental Policy Act The NRC has determined that this proposed rule is the type of action described in § 51.22(c)(3), an NRC categorical exclusion. Therefore, neither an environmental impact statement nor environmental assessment has been prepared for this proposed rule. This action is procedural in nature in that it pertains to the type of environmental information to be reviewed. XII. Paperwork Reduction Act This proposed rule contains new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed rule has been submitted to the Office of Management and Budget for review and approval of the information collections. Type of submission: Revision. The title of the information collection: 10 CFR part 51, Generic Environmental Impact Statement for Licensing of New Nuclear Reactors. The form number if applicable: Not applicable. How often the collection is required or requested: On occasion. Who will be required or asked to respond: Applicants for new nuclear reactors. An estimate of the number of annual responses: 6. The estimated number of annual respondents: 6. An estimate of the total number of hours needed annually to comply with PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 the information collection requirement or request: A burden reduction of 39,288 hours. Abstract: The NRC is proposing to amend the regulations that govern the NRC’s environmental reviews of new nuclear reactor applications under NEPA. The NRC’s regulations in § 51.45, ‘‘Environmental report,’’ require each applicant to prepare and submit an environmental report which includes, among other things, a description of the proposed action, a statement of its purposes, a description of the environment affected, and a discussion of the environmental impacts of the proposed action and alternatives. The rulemaking would codify the generic findings of NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’ (NR GEIS), which presents impact analyses for the environmental issues common to many new nuclear reactors that can be addressed generically, thereby eliminating the need to repeatedly reproduce the same analyses each time a licensing application is submitted. The proposed rule would reduce burden on an applicant because they would not be required to assess the environmental impacts of NR GEIS Category 1 issues if: (1) the applicant has demonstrated that it has met the bounding values and assumption of each PPE and SPE parameter relevant to that Category 1 issue, and (2) the applicant has not identified any new and significant information that would change a conclusion related to a Category 1 issue in the NR GEIS. If a value or assumption is not met, then the applicant may be able to limit its analysis to just the impact of not meeting the value or assumption. Similarly, if the applicant identifies new and significant information that would change a conclusion in the NR GEIS, then the applicant may be able to limit its analysis to just the impact of the new and significant information. To comply with NEPA, the NRC uses the information in the environmental report along other information to conduct an independent environmental evaluation. The NRC is seeking public comment on the potential impact of the information collection contained in this proposed rule and on the following issues: 1. Is the proposed information collection necessary for the proper performance of the functions of the NRC, including whether the information will have practical utility? Please explain your response. 2. Is the estimate of the burden of the proposed information collection accurate? Please explain your response. E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? Please explain your response. 4. How can the burden of the proposed information collection on respondents be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the Office of Management and Budget (OMB) clearance package and proposed rule are available in ADAMS as indicated in the ‘‘Availability of Documents’’ section of this document or may be viewed free of charge by contacting the NRC’s Public Document Room reference staff at 1– 800–397–4209, at 301–415–4737, or by email to PDR.resource@nrc.gov. You may obtain information and comment submissions related to the OMB clearance package by searching on https://www.regulations.gov under Docket ID NRC–2020–0101. You may submit comments on any aspect of these proposed information collections, including suggestions for reducing the burden and on the above issues, by the following methods: • Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0101. • Mail comments to: FOIA, Library, and Information Collections Branch, Office of the Chief Information Officer, Mail Stop: T6–A10M, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001 or by email to Infocollects.Resource@nrc.gov or to the OMB reviewer at: OMB Office of Information and Regulatory Affairs (3150–0021), Attn: Desk Officer for the Nuclear Regulatory Commission, 725 17th Street NW, Washington, DC 20503. Submit comments by November 4, 2024. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. khammond on DSKJM1Z7X2PROD with PROPOSALS Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. XIII. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104–113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 impractical. In this proposed rule, the NRC will amend various provisions of 10 CFR part 51. This action does not constitute the establishment of a standard that contains generally applicable requirements. XIV. Availability of Guidance The NRC is issuing for comment two draft guidance documents, DG–4032, ‘‘Preparation of Environmental Reports for Nuclear Power Stations,’’ and draft interim staff guidance (ISG) document COL–ISG–030, ‘‘Environmental Considerations Associated with New Nuclear Reactor Applications that Reference the Generic Environmental Impact Statement (NUREG–2249)— Interim Staff Guidance,’’ to support the implementation of the requirements in this proposed rulemaking. The guidance documents are available as indicated in the ‘‘Availability of Documents’’ section of this document. You may submit comments on the draft regulatory guidance by the methods provided in the ADDRESSES section of this document. The DG–4032 has been prepared as a revision to RG 4.2, ‘‘Preparation of Environmental Reports for Nuclear Power Stations.’’ The revision updates and re-titles Appendix C to the regulatory guide, which previously provided guidance specifically for small modular reactors and non-LWRs and makes conforming changes to the body of the regulatory guide. The revisions provide supplemental guidance for applicants to establish a uniform format and content acceptable to the NRC staff for structuring and presenting the environmental information to be compiled and submitted by an applicant for a new nuclear reactor permit or license that will rely on any of the findings in the NR GEIS. More specifically, the draft regulatory guide describes the content of environmental information to be included in an application for a permit or license for a new nuclear reactor, including the process for confirming the applicability of Category 1 issues, and criteria to address appropriate Category 1 and Category 2 issues, as specified in the proposed amendments to 10 CFR part 51. To assist the public in providing comments on DG–4032, the NRC has provided a redline/strikeout version that highlights substantial changes which can be accessed in ADAMS at Accession No. ML24176A229. In addition, the NRC is seeking comment on two draft documents referenced in DG–4032, the ‘‘Energy and System Design Mitigation Alternatives White Paper’’ (‘‘White Paper’’) and ‘‘Recommendations for an Applicant to Calculate Activity Data for Greenhouse PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 80811 Gases Estimates’’ (‘‘GHG Estimates’’). The draft White Paper describes the potential environmental impacts of various energy alternatives to the construction and operation of a new nuclear reactor, including energy alternatives both requiring and not requiring new generation capacity. The draft GHG Estimates document provides guidance to nuclear reactor applicants on estimating greenhouse gas emissions. The applicant could then rely upon the information provided in both the White Paper and the GHG Estimates documents, as appropriate, in preparing its environmental report that is submitted with its application. The draft White Paper and the draft GHG Estimates document can be accessed in ADAMS at Accession Nos. ML21225A754 and ML21225A768, respectively. The draft COL–ISG–030 supplements NUREG–1555, ‘‘Environmental Standard Review Plans,’’ and will be incorporated into a future update to the NUREG. The ISG provides guidance for the NRC staff when performing a 10 CFR part 51 environmental review of an application for a permit or license for a new nuclear reactor that relies on any of the findings in the NR GEIS. The plan parallels the revisions to RG 4.2. The primary purpose of the ISG is to ensure that these reviews are focused on the significant environmental concerns associated with new nuclear reactor permitting or licensing as described in 10 CFR part 51. Specifically, it provides guidance to the NRC staff about environmental issues that should be reviewed and provides acceptance criteria to help the reviewer evaluate the information submitted as part of the permit or license application. It is also the intent of this review plan to make information about the regulatory process available and to improve communication between the NRC, interested members of the public, and the nuclear industry, thereby increasing understanding of the review process. XV. Public Meetings The NRC will conduct three public meetings on the proposed rule for the purpose of explaining the changes and answering questions from the attendees to facilitate the development of public comments. An in-person public meeting will be held on November 7, 2024, at NRC headquarters in Rockville, MD between 1 p.m. and 4 p.m. eastern time. In addition, the NRC will hold two virtual public meetings as online webinars. The online webinars will be conducted on November 13, 2024, between 1 p.m. and 4 p.m. eastern time E:\FR\FM\04OCP1.SGM 04OCP1 80812 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules and November 14, 2024, between 6 p.m. and 9 p.m. eastern time. Persons interested in attending the meetings should monitor the NRC’s Public Meeting Schedule website at https://www.nrc.gov/pmns/mtg for additional information and agenda for the meetings. Please contact Stacey Imboden, 301–415–2462, Stacey.Imboden@nrc.gov, no later than October 31, 2024, if accommodations or special equipment is needed to attend or to provide comments, so that the NRC can determine whether the request can be accommodated. XVI. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. ADAMS accession No./ Federal Register citation Document Draft Generic Environmental Impact Statement Draft NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors,’’ dated September 2024. ML24176A220. Draft Guidance Documents Draft Regulatory Guide DG–4032, ‘‘Preparation of Environmental Reports for Nuclear Power Stations,’’ dated September 2024. Draft Regulatory Guide DG–4032, ‘‘Preparation of Environmental Reports for Nuclear Power Stations,’’ Redline/ Strikeout Version to Support Public Comment, dated September 2024. Energy and System Design Mitigation Alternatives White Paper Report, dated September 2024 ............................... Recommendations for an Applicant to Calculate Activity Data for Greenhouse Gases Estimates White Paper, dated September 2024. Draft Interim Staff Guidance, COL–ISG–030, ‘‘Environmental Considerations for New Nuclear Reactor Applications that Reference the Generic Environmental Impact Statement (NUREG–2249),’’ dated September 2024. ML24176A228. ML24176A229. ML21225A754. ML21225A768. ML24176A231. Proposed Rule Documents Draft Regulatory Analysis for the 10 CFR Part 51, Generic Environmental Impact Statement for Licensing of New Nuclear Reactors Proposed Rule, dated September 2024. Draft Information Collection Clearance Package ........................................................................................................... ML24176A218. ML21222A060. Public Meetings Summary of November 15 and 20, 2019, Public Meetings to Discuss Exploratory Process for Developing an Advanced Nuclear Reactor Generic Environmental Impact Statement, dated December 10, 2019. Workshop to Discuss the Environmental Information Needed to Develop a Generic Environmental Impact Statement for Advanced Nuclear Reactors, dated December 13, 2019. Summary of May 28, 2020, Advanced Reactor Generic Environmental Scoping Meeting, dated June 2, 2020 ......... Summary of October 1, 2020, Advanced Reactor Stakeholder Public Meeting, dated December 22, 2020 ............... Summary of April 15, 2021, Advanced Reactor Stakeholder Public Meeting, dated August 24, 2021 ........................ ML19337C862. ML19347A733. ML20161A339 (package). ML20350B457. ML21232A429. khammond on DSKJM1Z7X2PROD with PROPOSALS Related Documents Advanced Nuclear Reactor Generic Environmental Impact Statement Scoping Process—Summary Report, dated September 16, 2020. Notice of Availability of Memorandum of Understanding Between U.S. Army Corps of Engineers and U.S. Nuclear Regulatory Commission on Environmental Reviews Related to the Issuance of Authorizations to Construct and Operate Nuclear Power Plants, dated September 25, 2008. NUREG–0586, ‘‘Final Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities,’’ Supplement 1, Vol. 1, ‘‘Regarding the Decommissioning of Nuclear Power Reactors,’’ dated November 30, 2002. NUREG–1437, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants,’’ Revision 2, dated August 2024. NUREG–2157, ‘‘Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel,’’ dated September 30, 2014. Agency Action Regarding the Exploratory Process for the Development of an Advanced Nuclear Reactor Generic Environmental Impact Statement, dated November 15, 2019. Notice to Conduct Scoping and Prepare an Advanced Nuclear Reactor Generic Environmental Impact Statement, dated April 30, 2020. SECY–20–0020, ‘‘Results of Exploratory Process for Developing a Generic Environmental Impact Statement for the Construction and Operation of Advanced Nuclear Reactors,’’ dated February 28, 2020. SRM–SECY–20–0020, ‘‘Results of Exploratory Process for Developing a Generic Environmental Impact Statement for the Construction and Operation of Advanced Nuclear Reactors,’’ dated September 21, 2020. SECY–21–0098, ‘‘Proposed Rule: Advanced Nuclear Reactor Generic Environmental Impact Statement (RIN 3150–AK55; NRC–2020–0101),’’ dated November 29, 2021. Staff Requirements Memorandum (SRM)-SECY–21–0098, ‘‘Proposed Rule: Advanced Nuclear Reactor Generic Environmental Impact Statement (RIN 3150–AK55; NRC–2020–0101),’’ dated April 17, 2024. The NRC may post documents related to this rule, including public comments, VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 on the Federal rulemaking website at https://www.regulations.gov under PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 ML20260H180 (package). 73 FR 55546. ML023470327 (package). ML24087A133 (package). ML14198A440 (package). 84 FR 62559. 85 FR 24040. ML20052D175. ML20265A112. ML21222A044. ML24108A199. Docket ID NRC–2020–0101. In addition, the Federal rulemaking website allows E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules members of the public to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) navigate to the docket folder (NRC–2020–0101); (2) click the ‘‘Subscribe’’ link; and (3) enter an email address and click on the ‘‘Subscribe’’ link. List of Subjects in 10 CFR Part 51 Administrative practice and procedure, Environmental impact statements, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing to amend 10 CFR part 51: PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 1. The authority citation for part 51 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C. 2201, 2243); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42 U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs. 144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161, 10168); 44 U.S.C. 3504 note. Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under Nuclear Waste Policy Act secs. 135, 141, 148 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under Atomic Energy Act sec. 274 (42 U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)). 2. In § 51.50, amend paragraph (a) by adding a new second sentence, and add paragraph (d) to read as follows: ■ khammond on DSKJM1Z7X2PROD with PROPOSALS § 51.50 Environmental report— construction permit, early site permit, or combined license stage. (a) * * * For non-light-water reactors as defined in § 50.2, the environmental report shall contain the basis for evaluating the contribution of the environmental effects of fuel cycle activities for the nuclear reactor. * * * * * * * * (d) Application for a construction permit, early site permit, or combined license for a nuclear reactor. If an application is for a construction permit, an early site permit, or a combined license that does not reference an early site permit for a nuclear reactor, as defined in 10 CFR 50.2, and further, if VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 the applicant chooses to rely upon the findings of one or more of the issues identified as Category 1 issues in appendix C to subpart A of this part, then, in addition to the information and analyses required in paragraph (a), (b), or (c) of this section, as appropriate, the applicant’s environmental report will be subject to the following conditions and considerations: (1) The environmental report must contain information to demonstrate that the values and assumptions in appendix C to subpart A of this part are met, and no new and significant information is identified in accordance with paragraph (d)(5) of this section, for each Category 1 issue for which the applicant relies on the finding for that issue. (2) The environmental report is not required to contain analyses of the environmental impacts of any issue identified as a Category 1 issue in appendix C to subpart A of this part, provided that the environmental report contains the information specified in paragraph (d)(1) of this section. (3) The environmental report must contain analyses of the environmental impacts of the proposed action, including the construction, operation, and decommissioning of the proposed nuclear reactor, for: (i) Any Category 1 issue for which the values and assumptions are not met or for which new and significant information is identified in accordance with paragraph (d)(5) of this section; and (ii) Each issue identified as a Category 2 issue in appendix C to subpart A of this part. (4) The environmental report must contain a consideration of alternatives for reducing adverse environmental impacts, as required by § 51.45(c), for all issues identified as Category 1 issues in appendix C to subpart A of this part for which the environmental report does not contain the information specified in paragraph (d)(1) of this section, and for all issues identified as Category 2 issues in appendix C to subpart A of this part. No such consideration is required for Category 1 issues in appendix C to subpart A of this part that meet the applicable values and assumptions as specified in paragraph (d)(1) of this section. (5) The environmental report must contain any new and significant information of which the applicant is aware regarding the environmental impacts for all issues identified as Category 1 issues in appendix C to subpart A of this part for which the applicant relies on the findings for those issues. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 80813 (6) The environmental report must contain a description of the process used to identify new and significant information regarding the issues identified as Category 1 issues in appendix C to subpart A of this part for which the applicant relies on the findings for those issues. § 51.53 [Amended] 3. In § 51.53, amend paragraph (d) by removing the reference ‘‘§ 50.82 of this chapter’’ and adding in its place the references ‘‘§§ 50.82 and 52.110 of this chapter’’. ■ 4. In § 51.75, add paragraph (d) to read as follows: ■ § 51.75 Draft environmental impact statement—construction permit, early site permit, or combined license. * * * * * (d) Construction permit, early site permit, or combined license for a nuclear reactor. If a draft environmental impact statement is being prepared in accordance with paragraph (a), (b), or (c) of this section, and if applicant’s environmental report relied upon the findings of one or more of the issues identified as Category 1 issues in appendix C to subpart A of this part, the draft environmental impact statement must be prepared as a supplement to NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’ (September 2024), which is available in the NRC’s Public Document Room, 11555 Rockville Pike, Rockville, Maryland 20852. In addition, the NRC staff must comply with 40 CFR 1506.6(b)(3) in conducting the additional scoping process as required by § 51.71(a). The draft supplemental environmental impact statement will incorporate the conclusions in NUREG– 2249 for issues identified as Category 1 for which the applicant has demonstrated that the applicable values and assumptions have been met and for which neither the applicant nor the NRC identified any new and significant information. The draft supplemental environmental impact statement must contain an analysis for those issues identified as Category 1 for which the applicant could not demonstrate that the applicable values and assumptions were met or for which any new and significant information was identified by the applicant or the NRC, and for those issues identified as Category 2. ■ 5. Add § 51.96 to read as follows: § 51.96 Final supplemental environmental impact statement relying on a generic environmental impact statement for licensing new nuclear reactors. (a) In connection with a construction permit, an early site permit, or a E:\FR\FM\04OCP1.SGM 04OCP1 80814 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules combined license that does not reference an early site permit for a nuclear reactor, as defined in 10 CFR 50.2, and for which the NRC staff relied on any of the findings in appendix C to subpart A of this part in preparing a draft supplemental environmental impact statement in accordance with § 51.75(d), the NRC shall prepare a final supplemental environmental impact statement, which is a supplement to the Commission’s NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’ (September 2024), and available in the NRC’s Public Document Room, 11555 Rockville Pike, Rockville, Maryland 20852. (b) The final supplemental environmental impact statement required by paragraph (a) of this section must contain the NRC staff’s recommendation regarding the environmental acceptability of approving the construction permit, the early site permit, or the combined license. In order to make recommendations and reach a final decision on the proposed action, the NRC staff, adjudicatory officers, and Commission shall integrate: (1) The conclusions in NUREG–2249 for issues designated as Category 1 for which the applicant has demonstrated that the applicable values and assumptions have been met and for which neither the applicant nor the NRC staff identified any new and significant information with (2) Information developed for those Category 1 issues for which the applicant could not demonstrate that the applicable values and assumptions were met and those Category 2 issues applicable to the plant under § 51.50(d) and any new and significant information. (c) The final supplemental environmental impact statement required by paragraph (a) of this section shall address those issues as required by § 51.91 and shall be distributed in accordance with § 51.93. (d) In connection with a combined license that references an early site permit for which the NRC staff relied on any of the findings in appendix C to subpart A of this part in preparing the supplemental environmental impact statement for that early site permit, the NRC shall prepare a supplement to that final supplemental environmental impact statement. The supplement must meet the requirements of § 51.92(e) and shall be considered a supplement to NUREG–2249. (e) In connection with a combined license that references an early site permit for which the NRC staff relied on any of the findings in appendix C to subpart A of this part in preparing the draft supplemental environmental impact statement, the NRC staff shall prepare a supplement to the early site permit environmental impact statement. The supplement must be prepared in accordance with § 51.92(e) and shall be considered a supplement to NUREG– 2249. (f) In connection with the issuance of an operating license for which the NRC staff relied on any of the findings in appendix C to subpart A of this part in preparing the supplemental environmental impact statement for the construction permit for that nuclear reactor, the NRC shall prepare a supplement to the final supplemental environmental impact statement. The supplement must meet the requirements of § 51.95(b) and shall be considered a supplement to NUREG–2249. ■ 6. Add appendix C to subpart A of part 51 to read as follows: Appendix C to Subpart A of Part 51— Environmental Effect of Issuing a Permit or License for a New Nuclear Reactor The Commission has assessed the environmental impacts associated with authorizing the construction, operation, and decommissioning of a nuclear reactor. Table C–1 summarizes the Commission’s generic findings on the scope and magnitude of environmental impacts of such an authorization as required by section 102(2) of the National Environmental Policy Act of 1969, as amended. Table C–1 presents the results of the generic analysis of those environmental impacts associated with building,1 operating, and decommissioning a nuclear reactor that the staff has designated as Category 1, as well as listing the issues that could not be resolved generically, designated as Category 2. The use of this table by applicants will be in accordance with § 51.50(d), and the use by the staff will be in accordance with §§ 51.75(d) and 51.96. On a 10-year cycle, the Commission intends to review the material in this appendix and update it if necessary. A scoping notice must be published in the Federal Register indicating the results of the NRC’s review and inviting public comments and proposals for other areas that should be updated. TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1 Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 khammond on DSKJM1Z7X2PROD with PROPOSALS Land Use Construction: Onsite Land Use .................................. 1 1 The term ‘‘building,’’ as used in the NR GEIS, includes the full range of preconstruction (building activities not within the NRC’s regulatory authority), and construction and installation VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 SMALL .............. Frm 00018 The proposed project, including any associated land uses, complies with applicable NRC siting regulations such as 10 CFR part 100. The site size is 100 ac (40.5 ha) or less. The permanent footprint of disturbance includes 30 ac (12 ha) or less of vegetated lands, and the temporary footprint of disturbance includes no more than an additional 20 ac (8.1 ha) or less of vegetated lands. The proposed project complies with the site’s zoning and is consistent with any relevant land use plans or comprehensive plans. The site would not be situated closer than 0.5 mi (0.8 km) to existing residential areas or 1.0 mi (1.6 km) to sensitive land uses such as Federal, State, or local parks; wildlife refuges; conservation lands; Wild and Scenic Rivers; or Natural Heritage Rivers. The site does not have a history of past industrial use capable of leaving a legacy of contamination requiring cleanup to protect human health and the environment. The total wetland loss from use of the site, including use of any offsite rights-of-way (ROWs), would be no more than 0.5 ac (0.2 ha). Best management practices (BMPs) for erosion, sediment control, and stormwater management would be used. Compliance with any mitigation measures established through zoning ordinances, local building permits, site use permits, or other land use authorizations. Fmt 4702 Sfmt 4702 activities (building activities within the NRC’s regulatory authority). E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80815 TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 New offsite ROWs for transmission lines, pipelines, or access roads would be no more than 100 ft (30.5 m) in width and total no more than 1 mi (1.6 km) in length. No new offsite ROW would be situated closer than 0.5 mi (0.8 km) to existing residential areas or sensitive land uses such as Federal, State, or local parks; wildlife refuges; conservation lands; Wild and Scenic Rivers; or Natural Heritage Rivers. No existing ROWs in residential areas would be used or widened to accommodate project features. No ROW has a history of past industrial use capable of leaving a legacy of contamination requiring cleanup to protect human health and the environment. The total wetland loss from use of the entire project, including use of the site and any offsite ROWs, would be no more than 0.5 ac (0.2 ha). BMPs for erosion, sediment control, and stormwater management would be used. Compliance with any mitigation measures established through zoning ordinances, local building permits, site use permits, or other land use authorizations. The site size is 100 ac (40.5 ha) or less. The site does not contain any prime or unique farmland or other farmland of statewide or local importance; or the site does not abut any agricultural land and is not situated in a predominantly agricultural landscape. The site is not situated in any designated coastal zone, or the applicant can demonstrate that the affected state(s) have or will issue a consistency determination or other indication that the project complies with the Coastal Zone Management Act. Offsite Land Use .................................. 1 SMALL .............. Impacts to Prime and Unique Farmland. 1 SMALL ............... Coastal Zone and Compliance with the Coastal Zone Management Act (16 U.S.C. 1451 et seq.). Operation: Onsite Land Use .................................. 1 SMALL ............... 1 SMALL .............. Offsite Land Use .................................. 1 SMALL .............. The proposed project, including any associated land uses, complies with applicable NRC siting regulations such as 10 CFR part 100. The site size is 100 ac (40.5 ha) or less. If needed, cooling towers would be mechanical draft, not natural draft; less than 100 ft (30.5 m) in height; and equipped with drift eliminators. Any makeup water for the cooling towers would be fresh water (less than 1 ppt salinity). BMPs for erosion, sediment control, and stormwater management would be used. New offsite ROWs for transmission lines, pipelines, or access roads would be no more than 100 ft (30.5 m) in width and total no more than 1 mi (1.6 km) in length. BMPs for erosion, sediment control, and stormwater management would be used (wherever land is disturbed during the course of ROW management). Visual Resources Construction: Visual Impacts in Site and Vicinity ....... Visual Impacts from Transmission Lines. khammond on DSKJM1Z7X2PROD with PROPOSALS Operation: Visual Impacts During Operations ....... 1 SMALL ............... 1 SMALL ............... 1 SMALL .............. The site size is 100 ac (40.5 ha) or less. The site would not be situated closer than 0.5 mi (0.8 km) to existing residential areas or 1 mi (1.6 km) to sensitive land uses such as Federal, State, or local parks; wildlife refuges; conservation lands; Wild and Scenic Rivers; or Natural Heritage Rivers. The maximum proposed building and structure height is no more than 50 ft (15.2 m), except that the maximum height is 200 ft (61 m) for proposed meteorological towers and 100 ft (30.5 m) for transmission line poles/towers and mechanical draft cooling towers. The proposed project structures would not be visible from Federal or State parks or wilderness areas designated as Class 1 under Section 162 of the Clean Air Act (42 U.S.C. 7472); or as a Wild and Scenic River, a Natural Heritage River, or a river of similar State designation. New offsite ROWs for transmission lines, pipelines, or access roads would be no more than 100 ft (30.5 m) in width and total no more than 1 mi (1.6 km) in length. No transmission line structures (poles or towers) would be over 100 ft (30.5 m) in height. The new offsite ROWs would not be situated closer than 1 mi (1.6 km) to existing residential areas or sensitive land uses such as Federal, State, or local parks; wildlife refuges; conservation lands; Wild and Scenic Rivers; or Natural Heritage Rivers. Any proposed new structures on offsite ROWs would not be visible from Federal or State parks or wilderness areas designated as Class 1 under Section 162 of the Clean Air Act (42 U.S.C. 7472); or as a Wild and Scenic River, a Natural Heritage River, or a river of similar State designation. The site would not be situated closer than 1 mi (1.6 km) to existing residential areas or sensitive land uses such as Federal, State, or local parks; wildlife refuges; conservation lands; Wild and Scenic Rivers; or Natural Heritage Rivers. The maximum proposed building and structure height would be no more than 50 ft (15.2 m), except that the maximum height would be 200 ft (61 m) for proposed meteorological towers and 100 ft (30.5 m) for proposed transmission line poles/towers and proposed mechanical draft cooling towers. The proposed project structures would not be visible from Federal or State parks or wilderness areas designated as Class 1 under Section 162 of the Clean Air Act (42 U.S.C. 7472); or as a Wild and Scenic River, a Natural Heritage River, or a river of similar State designation. If needed, cooling towers would be mechanical draft, not natural draft; less than 100 ft (30.5 m) in height; and equipped with drift eliminators. Any makeup water for the cooling towers would be fresh water (less than 1 ppt salinity). Meteorology and Air Quality Construction: VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 80816 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 The site size is 100 ac (40.5 ha) or less. The permanent footprint of disturbance is 30 ac (12 ha) or less of vegetated lands and the temporary footprint of disturbance is an additional 20 ac (8.1 ha) or less of vegetated land. New offsite ROWs for transmission lines, pipelines, or access roads would be no longer than 1 mi (1.6 km) and have a maximum ROW width of 100 ft (30.5 m). Criteria pollutants emitted from vehicles and standby power equipment during construction are less than Clean Air Act de minimis levels set by the U.S. Environmental Protection Agency (EPA) if the site is located in a nonattainment or maintenance area, or the site is located in an attainment area. The site is not located within 1 mi (1.6 km) of a mandatory Class I Federal area where visibility is an important value. The level of service (LOS) determination for affected roadways does not change. Mitigation necessary to rely on the generic analysis includes implementation of BMPs for dust control. Compliance with air permits under State and Federal laws that address the impact of air emissions during construction. Greenhouse gases emitted by equipment and vehicles during the 97-year greenhouse gas life-cycle period would be equal to or less than 2,534,000 metric tons (MT) of carbon dioxide equivalent (CO2(e)). Appendix H of NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’ contains the staff’s methodology for developing this value, which includes emissions from construction, operation, and decommissioning. As long as this total value is met, the impacts for the life-cycle of the project and the individual phases of the project are determined to be SMALL. Emissions of Criteria Pollutants and Dust During Construction. 1 SMALL ............... Greenhouse Gas Emissions During Construction. 1 SMALL .............. 1 SMALL ............... Greenhouse Gas Emissions During Operation. 1 SMALL .............. Cooling-System Emissions ................... 1 SMALL .............. Emissions of Ozone and Nitrogen Oxides during Transmission Line Operation. 1 SMALL ............... Operation: Emissions of Criteria and Hazardous Air Pollutants during Operation. Criteria pollutants emitted from vehicles and standby power equipment during operations are less than Clean Air Act de minimis levels set by the EPA if located in a nonattainment or maintenance area. The site is not located within 1 mi (1.6 km) of a mandatory Class I Federal area where visibility is an important value. The LOS determination for affected roadways does not change. The generic analysis can be relied on without applying any mitigation measures. Compliance with air permits under State and Federal laws that address the impact of air emissions. Hazardous air pollutant (HAP) emissions will be within regulatory limits. Greenhouse gases emitted by equipment and vehicles during the 97-year greenhouse gas life-cycle period would be equal to or less than 2,534,000 MT of CO2(e). Appendix H of NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’ contains the staff’s methodology for developing this value, which includes emissions from construction, operation, and decommissioning. As long as this total value is met, the impacts for the life-cycle of the project and the individual phases of the project are determined to be SMALL. If needed, cooling towers would be mechanical draft, not natural draft. Cooling towers would be equipped with drift eliminators. The site is not located within 1 mi (1.6 km) of a mandatory Class I Federal area where visibility is an important value. Mechanical draft cooling towers would be less than 100 ft (30.5 m) tall. Makeup water would be fresh (with a salinity less than 1 ppt). Operation of cooling towers is assumed to be subject to State permitting requirements. HAP emissions would be within regulatory limits. No existing residential areas within 0.5 mi (0.8 km) of the site. The transmission line voltage would be no higher than 1,200 kV. Water Resources khammond on DSKJM1Z7X2PROD with PROPOSALS Construction: Surface Water Use Conflicts during Construction. 1 SMALL .............. Groundwater Use Conflicts due to Excavation Dewatering. 1 SMALL .............. Groundwater Use Conflicts due to Construction-Related Groundwater Withdrawals. 1 SMALL .............. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00020 Total Plant Water Demand Less than or equal to a daily average of 6,000 gpm (0.379 m3/s). If water is obtained from a flowing water body, then the following plant parameter envelope/site parameter envelope (PPE/SPE) parameter and associated assumptions also apply: Average plant water withdrawals do not reduce discharge from the flowing water body by more than 3 percent of the 95 percent exceedance daily flow and do not prevent the maintenance of applicable instream flow requirements. The 95 percent exceedance flow accounts for existing and planned future withdrawals. Water availability is demonstrated by the ability to obtain a withdrawal permit issued by State, regional, or Tribal governing authorities. Water rights for the withdrawal amount are obtainable, if needed. If water is obtained from a non-flowing water body, then the following PPE/SPE parameter and associated value and assumptions also apply: Water availability of the Great Lakes, the Gulf of Mexico, oceans, estuaries, and intertidal zones exceeds the amount of water required by the plant. Water availability is demonstrated by the ability to obtain a withdrawal permit issued by State, regional, or Tribal governing authorities. Water rights for the withdrawal amount are obtainable, if needed. The Coastal Zone Management Act consistency determination is obtainable, if applicable, for the non-flowing water body. The long-term dewatering withdrawal rate is less than or equal to 50 gpm (0.003 m3/s) (the initial rate may be larger). Dewatering results in negligible groundwater level drawdown at the site boundary. Groundwater withdrawal for all plant uses (excluding dewatering) is less than or equal to 50 gpm (0.003 m3/s). Withdrawal results in no more than 1 ft (0.3 m) of groundwater level drawdown at the site boundary. Withdrawals are not derived from an EPA-designated Sole Source Aquifer (SSA), or from any aquifer designated by a State, Tribe, or regional authority to have special protections to limit drawdown. Withdrawals meet any applicable State or local permit requirements. Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80817 TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 khammond on DSKJM1Z7X2PROD with PROPOSALS Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 The permanent footprint of disturbance includes 30 ac (12 ha) or less of vegetated lands, and the temporary footprint of disturbance includes no more than an additional 20 ac (8.1 ha) or less of vegetated lands. Adherence to requirements in National Pollutant Discharge Elimination System (NPDES) permits issued by the EPA or State permitting program, and any other applicable permits. The long-term groundwater dewatering withdrawal rate is less than or equal to 50 gpm (0.003 m3/ s). Dewatering discharge has minimal effects on the quality of the receiving water body (e.g., as demonstrated by conformance with NPDES permit requirements). There are no planned discharges to the subsurface (by infiltration or injection), including stormwater discharge. The site size is 100 ac (40.5 ha) or less. The permanent footprint of disturbance includes 30 ac (12 ha) or less of vegetated lands, and the temporary footprint of disturbance includes no more than an additional 20 ac (8.1 ha) or less of vegetated lands. Applicable requirements and guidance on spill prevention and control are followed, including relevant BMPs and Integrated Pollution Prevention Plans (IPPPs). Groundwater Withdrawal for Excavation or Foundation Dewatering The long-term dewatering withdrawal rate is less than or equal to 50 gpm (0.003 m3/s) (the initial rate may be larger). Dewatering results in negligible groundwater level drawdown at the site boundary. Groundwater Withdrawal for Plant Uses Groundwater withdrawal for all plant uses (excluding dewatering) is less than or equal to 50 gpm (0.003 m3/ s). Withdrawal results in no more than 1 ft (0.3 m) of groundwater level drawdown at the site boundary. Withdrawals are not derived from an EPA-designated SSA, or from any aquifer designated by a State, Tribe, or regional authority to have special protections to limit drawdown. Withdrawals meet any applicable State or local permit requirements. In-water structures (including intake and discharge structures) are constructed in compliance with provisions of the Clean Water Act (CWA) Section 404 (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401 et seq.). Adverse effects of building activities controlled and localized using BMPs such as installation of turbidity curtains or installation of cofferdams. Construction duration would be less than 7 years. The amount available from municipal water systems exceeds the amount of municipal water required by the plant (gpm). Municipal Water Availability accounts for all existing and planned future uses. An agreement or permit for the usage amount can be obtained from the municipality. Municipal Systems’ Available Capacity to Receive and Treat Plant Effluent accounts for all existing and reasonably foreseeable future discharges. Agreement to discharge to a municipal treatment system is obtainable. Water Quality Degradation due to Construction-Related Discharges. 1 SMALL .............. Water Quality Degradation due to Inadvertent Spills during Construction. 1 SMALL .............. Water Quality Degradation due to Groundwater Withdrawal. 1 SMALL .............. Water Quality Degradation due to Offshore or In-Water Construction Activities. 1 SMALL .............. Water Use Conflict Due to Plant Municipal Water Demand. 1 SMALL .............. Degradation of Water Quality from Plant Effluent Discharges to Municipal Systems. Operation: Surface Water Use Conflicts during Operation due to Water Withdrawal from Flowing Waterbodies. 1 SMALL .............. 1 SMALL ............... Surface Water Use Conflicts during Operation due to Water Withdrawal from Non-flowing Waterbodies. 1 SMALL ............... Groundwater Use Conflicts Due to Building Foundation Dewatering. 1 SMALL .............. Groundwater Use Conflicts Due to Groundwater Withdrawals for Plant Uses. 1 SMALL ............... Surface Water Quality Degradation Due to Physical Effects from Operation of Intake and Discharge Structures. 1 SMALL .............. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00021 Total plant water demand is less than or equal to a daily average of 6,000 gpm (0.379 m3/s). Average plant water withdrawals do not reduce discharge from the flowing water body by more than 3 percent of the 95 percent exceedance daily flow and do not prevent the maintenance of applicable instream flow requirements. The 95 percent exceedance flow accounts for existing and planned future withdrawals. Water availability is demonstrated by the ability to obtain a withdrawal permit issued by State, regional, or Tribal governing authorities. Water rights for the withdrawal amount are obtainable, if needed. Total plant water demand is less than or equal to a daily average of 6,000 gpm (0.379 m3/s). Water availability of the Great Lakes, the Gulf of Mexico, oceans, estuaries, and intertidal zones exceeds the amount of water required by the plant. Water availability is demonstrated by the ability to obtain a withdrawal permit issued by State, regional, or Tribal governing authorities. Water rights for the withdrawal amount are obtainable, if needed. Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) consistency determination is obtainable, if applicable. The long-term dewatering withdrawal rate is less than or equal to 50 gpm (0.003 m3/s) (the initial rate may be larger). Dewatering results in negligible groundwater level drawdown at the site boundary. Groundwater withdrawal for all plant uses (excluding dewatering) is less than or equal to 50 gpm (0.003 m3/s). Withdrawal results in no more than 1 ft (0.3 m) of groundwater level drawdown at the site boundary. Withdrawals are not derived from an EPA-designated SSA, or from any aquifer designated by a State, Tribe, or regional authority to have special protections to limit drawdown. Withdrawals meet any applicable State or local permit requirements. Total plant water demand is less than or equal to a daily average of 6,000 gpm (0.379 m3/s). Adhere to best available technology requirements of CWA 316(b) (33 U.S.C. 1326). Operated in compliance with CWA Section 316 (b) and 40 CFR 125.83, including compliance with monitoring and recordkeeping requirements in 40 CFR 125.87 and 40 CFR 125.88, respectively (40 CFR part 125). Best available technologies are employed in the design and operation of intake and discharge structures to minimize alterations due to scouring, sediment transport, increased turbidity, and erosion. Adherence to requirements in NPDES permits issued by the EPA or a given state. If water is obtained from a flowing water body, then the following PPE/ SPE parameter and associated value also apply: The average rate of plant withdrawal does not exceed 3 percent of the 95 percent exceedance daily flow for the water body. If water is obtained from a non-flowing water body, then the following PPE/SPE parameters and associated values and assumptions also apply: Water availability of the Great Lakes, the Gulf of Mexico, oceans, estuaries, and intertidal zones exceeds the amount of water required by the plant. Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 80818 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 Total plant water demand is less than or equal to a daily average of 6,000 gpm (0.379 m3/s). If water is obtained from a flowing water body, then the following PPE/SPE parameter and associated assumptions also apply: Average plant water withdrawals do not reduce discharge from the flowing water body by more than 3 percent of the 95 percent exceedance daily flow and do not prevent the maintenance of applicable instream flow requirements. The 95 percent exceedance flow accounts for existing and planned future withdrawals. Water availability is demonstrated by the ability to obtain a withdrawal permit issued by State, regional, or Tribal governing authorities. Water rights for the withdrawal amount are obtainable, if needed. If withdrawals are from an estuary or intertidal zone, then changes to salinity gradients are within the normal tidal or seasonal movements that characterize the water body. If water is obtained from a non-flowing water body, then the following PPE/SPE parameter and associated values and assumptions also apply: Water availability of the Great Lakes, the Gulf of Mexico, oceans, estuaries, and intertidal zones exceeds the amount of water required by the plant. Water availability is demonstrated by the ability to obtain a withdrawal permit issued by State, regional, or Tribal governing authorities. Water rights for the withdrawal amount are obtainable, if needed. If withdrawals are from an estuary or intertidal zone, then changes to salinity gradients are within the normal tidal or seasonal movements that characterize the water body. The staff determined that a generic analysis to determine operational impacts on surface water quality due to chemical and thermal discharges was not possible because (1) some States may impose effluent constituent limitations more stringent that those required by the EPA, (2) limitations imposed on effluent constituents may vary among States, and (3) the establishment of a mixing zone may be required. Because all of these issues related to degradation of surface water quality from chemical and thermal discharges require consideration of project-specific information, a project-specific assessment should be performed in the supplemental environmental impact statement. The plant is outside the recharge area for any EPA-designated SSA, or any aquifer designated to have special protections by a State, Tribal, or regional authority. The plant is outside the wellhead protection area or designated contributing area for any public water supply well. There are no planned discharges to the subsurface (by infiltration or injection). Applicable requirements and guidance on spill prevention and control are followed, including relevant BMPs and IPPPs. There are no planned discharges to the subsurface (by infiltration or injection), including stormwater discharge. A groundwater protection program conforming to currently applicable industry guidance is established and followed. The site size is 100 ac (40.5 ha) or less. Use of BMPs for soil erosion, sediment control, and stormwater management. Adherence to requirements in NPDES permits issued by the EPA or a given State, and any other applicable permits. The long-term dewatering withdrawal rate is less than or equal to 50 gpm (0.003 m3/s) (the initial rate may be larger). Dewatering results in negligible groundwater level drawdown at the site boundary. Groundwater withdrawal for all plant uses (excluding dewatering) is less than or equal to 50 gpm (0.003 m3/s). Withdrawal results in no more than 1 ft (0.3 m) of groundwater level drawdown at the site boundary. Withdrawals are not derived from an EPA-designated SSA, or from any aquifer designated by a State, Tribe, or regional authority to have special protections to limit drawdown. Withdrawals meet any applicable State or local permit requirements. Usage amount is within the existing capacity of the system(s), accounting for all existing and planned future uses. An agreement or permit for the usage amount can be obtained from the municipality. Municipal Systems’ Available Capacity to Receive and Treat Plant Effluent accounts for all existing and reasonably foreseeable future discharges. Agreement to discharge to a municipal treatment system is obtainable. Surface Water Quality Degradation Due to Changes in Salinity Gradients Resulting from Withdrawals. 1 SMALL ............... Surface Water Quality Degradation Due to Chemical and Thermal Discharges. 2 Undetermined .... Groundwater Quality Degradation Due to Plant Discharges. 1 SMALL .............. Water Quality Degradation due to Inadvertent Spills and Leaks during Operation. 1 SMALL ............... Water Quality Degradation due to Groundwater Withdrawals. 1 SMALL .............. Water Use Conflict from Plant Municipal Water Demand. 1 SMALL .............. Degradation of Water Quality from Plant Effluent Discharges to Municipal Systems. 1 SMALL .............. Terrestrial Ecology khammond on DSKJM1Z7X2PROD with PROPOSALS Construction: Permanent and Temporary Loss, Conversion, Fragmentation, and Degradation of Habitats. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 1 PO 00000 SMALL .............. Frm 00022 The permanent footprint of disturbance would include 30 ac (12 ha) or less of vegetated lands, and the temporary footprint of disturbance would include no more than an additional 20 ac (8.1 ha) or less of vegetated lands. Temporarily disturbed lands would be revegetated using regionally indigenous vegetation once the lands are no longer needed to support building activities. New offsite ROWs for transmission lines, pipelines, or access roads would be no more than 100 ft (30.5 m) in width and total no more than 1 mi (1.6 km) in length. The footprint of disturbance (permanent and temporary) would contain no ecologically sensitive features such as floodplains, shorelines, riparian vegetation, late-successional vegetation, land specifically designated for conservation, or habitat known to be potentially suitable for one or more Federal or State threatened or endangered species. Total wetland impacts from use of the site and any offsite ROWs would be no more than 0.5 ac (0.2 ha). Applicants would demonstrate an effort to minimize fragmentation of terrestrial habitats by using existing ROWs, or widening existing ROWs, to the extent practicable. BMPs would be used for erosion, sediment control, and stormwater management. Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80819 TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Plant parameter envelope/site parameter envelope values and assumptions 4 Applicant would provide a delineation of potentially impacted wetlands, including wetlands not under CWA jurisdiction. Total wetland impacts from use of the site and any offsite ROWs would be no more than 0.5 ac (0.2 ha). If activities regulated under the CWA are performed, those activities would receive approval under one or more nationwide permits (NWPs) (33 CFR part 330) or other general permits recognized by the U.S. Army Corps of Engineers. Temporary groundwater withdrawals for excavation or foundation dewatering would not exceed a long-term rate of 50 gpm (0.003 m3/s). Applicants would be able to demonstrate that the temporary groundwater withdrawals would not substantially alter the hydrology of wetlands connected to the same groundwater resource. Any required state or local permits for wetland impacts would be obtained. Any mitigation measures indicated in the NWPs or other permits would be implemented. BMPs would be used for erosion, sediment control, and stormwater management. Noise generation would not exceed 85 dBA 50 ft (15.2 m) from the source. The site size would be 100 ac (40.5 ha) or less. The permanent footprint of disturbance would include 30 ac (12 ha) or less of vegetated lands, and the temporary footprint of disturbance would include no more than an additional 20 ac (8.1 ha) or less of vegetated lands. There would be no decreases in the LOS designation for affected roadways. The licensee would communicate with Federal and State wildlife agencies and implement mitigation actions recommended by those agencies to reduce potential for vehicular injury to wildlife. The site size would be 100 ac (40.5 ha) or less. New offsite ROWs for transmission lines, pipelines, or access roads would be no more than 100 ft (30.5 m) in width and total no more than 1 mi (1.6 km) in length. No transmission line structures (poles or towers) would be more than 100 ft (30.5 m) in height. Licensees would implement common mitigation measures. The NRC staff is unable to determine the significance of potential impacts without consideration of project-specific factors, including the specific species and habitats affected and the types of ecological changes potentially resulting from each specific licensing action. Applicants would communicate with State natural resource or conservation agencies regarding wildlife and plants and implement mitigation recommendations of those agencies. Permanent and Temporary Loss and Degradation of Wetlands. 1 SMALL ............... Effects of Building Noise on Wildlife .... Effects of Vehicular Collisions on Wildlife. 1 1 SMALL .............. SMALL .............. Bird Collisions and Injury from Structures and Transmission Lines. 1 SMALL .............. Important Species and Habitats—Resources Regulated under the Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq.). Important Species and Habitats—Other Important Species and Habitats. 2 Undetermined .... 1 SMALL .............. 1 SMALL .............. Effects of Operational Noise on Wildlife 1 SMALL .............. Effects of Vehicular Collisions on Wildlife. 1 SMALL .............. Exposure of Terrestrial Organisms to Radionuclides. Cooling-Tower Operational Impacts on Vegetation. 1 SMALL ............... 1 SMALL ............... Bird Collisions and Injury from Structures and Transmission Lines. 1 SMALL .............. Bird Electrocutions from Transmission Lines. 1 SMALL ............... Water Use Conflicts with Terrestrial Resources. 1 SMALL .............. Effects of Transmission Line ROW Management on Terrestrial Resources. 1 SMALL ............... Operation: Permanent and Temporary Loss or Disturbance of Habitats. khammond on DSKJM1Z7X2PROD with PROPOSALS Finding 3 VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00023 Temporarily disturbed lands would be revegetated using regionally indigenous vegetation once the lands are no longer needed to support building activities. The total wetland loss from site disturbance over the operational life of the plant would be no more than 0.5 ac (0.2 ha). Any State or local permits for wetland impacts would be obtained. Any mitigation measures indicated in the NWPs or other wetland permits would be implemented. BMPs would be used for erosion, sediment control, and stormwater management. Noise generation would not exceed 85 dBA 50 ft (15.2 m) from the source. There would be no decreases in the LOS designation for affected roadways. The licensee would communicate with Federal and State wildlife agencies and implement mitigation actions recommended by those agencies to reduce potential for vehicular injury to wildlife. Noise generation would not exceed 85 dBA 50 ft (15.2 m) from the source. There would be no decreases in the LOS designation for affected roadways. The licensee would communicate with Federal and State wildlife agencies and implement mitigation actions recommended by those agencies to reduce potential for vehicular injury to wildlife. Applicants would demonstrate in their application that any radiological nonhuman biota doses would be below applicable guidelines. If needed, cooling towers would be mechanical draft, not natural draft; less than 100 ft (30.5 m) in height; and equipped with drift eliminators. Any makeup water for the cooling towers would be fresh water (less than 1 ppt salinity). The site size would be 100 ac (40.5 ha) or less. New offsite ROWs for transmission lines, pipelines, or access roads would be no more than 100 ft (30.5 m) in width and total no more than 1 mi (1.6 km) in length. No transmission line structures (poles or towers) would be more than 100 ft (30.5 m) in height. Licensees would implement common mitigation measures. New offsite ROWs for transmission lines, pipelines, or access roads would be no more than 100 ft (30.5 m) in width and total no more than 1 mi (1.6 km) in length. Common mitigation measures would be implemented. Total plant water demand would be less than or equal to a daily average of 6,000 gpm (0.379 m3/s). If water is withdrawn from flowing water bodies, average plant water withdrawals would not reduce flow by more than 3 percent of the 95 percent exceedance daily flow and would not prevent maintenance of applicable instream flow requirements. Any water withdrawals would be in compliance with any EPA or State permitting requirements. Applicants would be able to demonstrate that hydroperiod changes are within historical or seasonal fluctuations. Vegetation in transmission line ROWs would be managed following a plan consisting of integrated vegetation management practices. All ROW maintenance work would be performed in compliance with all applicable laws and regulations. Herbicides would be applied by licensed applicators, and only if in compliance with applicable manufacturer label instructions. Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 80820 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 Based on the literature review in the License Renewal Generic Environmental Impact Statement (GEIS), the staff determined that this is a Category 1 issue and impacts would be SMALL regardless of the length, location, or size of the transmission lines. The staff did not recommend any mitigation in the License Renewal GEIS; hence, none is needed here. The staff did not rely on any PPE and SPE values or assumptions in reaching this conclusion. The NRC staff is unable to determine the significance of potential impacts without consideration of project-specific factors, including the specific species and habitats affected and the types of ecological changes potentially resulting from each specific licensing action. Applicants would communicate with State natural resource or conservation agencies regarding wildlife and plants and implement mitigation recommendations of those agencies. Effects of Electromagnetic Fields on Flora and Fauna. 1 SMALL .............. Important Species and Habitats—Resources Regulated under the ESA of 1973. 2 Undetermined .... Important Species and Habitats—Other Important Species and Habitats. 1 SMALL .............. Aquatic Ecology Construction: Runoff and sedimentation from construction areas. 1 SMALL .............. Dredging and filling aquatic habitats to build intake and discharge structures. 1 SMALL .............. Building transmission lines, pipelines, and access roads across surface waterbodies. 1 SMALL .............. Important Species and Habitats—Resources Regulated under the ESA and Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 2 Undetermined .... Important species and habitats—Other Important Species and Habitats. 1 SMALL ............... 1 SMALL ............... Exposure of aquatic organisms to radionuclides. Effects of refurbishment on aquatic biota. 1 SMALL .............. 1 SMALL .............. Effects of maintenance dredging on aquatic biota. 1 SMALL ............... Impacts of transmission line ROW management on aquatic resources. 1 SMALL ............... Impingement and entrainment of aquatic organisms. 1 SMALL ............... Thermal impacts on aquatic biota ........ 2 Undetermined .... khammond on DSKJM1Z7X2PROD with PROPOSALS Operation: Stormwater runoff ................................. VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00024 BMPs would be used for erosion and sediment control. Temporarily disturbed lands would be revegetated using regionally indigenous vegetation once the lands are no longer needed to support building activities. Applicant would obtain approval, if required, under NWP 7 in 33 CFR part 330. Applicant would implement any mitigation required under NWP 7 in 33 CFR part 330. Applicant would minimize any temporarily disturbed shoreline and riparian lands needed to build the intake and discharge structures and restore those areas with regionally indigenous vegetation suited to those landscape settings once the disturbances are no longer needed. BMPs would be used for erosion and sediment control. If activities regulated under the CWA are performed, they would receive approval under one or more NWPs (33 CFR part 330) or other general permits recognized by the U.S. Army Corps of Engineers. Pipelines would be extended under (or over) surface through directional drilling without physically disturbing shorelines or bottom substrate. Access roads would span streams and other surface waterbodies with a bridge or ford, and any fords would include placement and maintenance of matting to minimize physical disturbance of shorelines and bottom substrates. No access roads would be extended across stream channels over 10 ft (3 m) in width (at ordinary high water). Any bridges or fords would be removed once no longer needed, and any exposed soils or substrate would be revegetated using regionally indigenous vegetation appropriate to the landscape setting. Any mitigation measures indicated in the NWPs or other permits would be implemented. BMPs would be used for erosion and sediment control. The NRC staff is unable to determine the significance of potential impacts without consideration of project-specific factors, including the specific species and habitats affected and the types of ecological changes potentially resulting from each specific licensing action. Furthermore, the Endangered Species Act (16 U.S.C. 1531 et seq.) and Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) require consultations for each licensing action that may affect regulated resources. Applicants would communicate with State natural resource or conservation agencies regarding aquatic fish, wildlife, and plants and implement mitigation recommendation of those agencies. Preparation, approval by applicable regulatory agencies, and implementation of a stormwater management plan. Obtaining and compliance with any required permits for the storage and use of hazardous materials issued by Federal and State agencies under Resource Conservation and Recovery Act (RCRA). BMPs would be used for stormwater management. Applicants would demonstrate in their application that any radiological nonhuman biota doses would be below applicable guidelines. BMPs would be used for erosion, sediment control, and stormwater management. Exposed soils would be restored as soon as possible with regionally indigenous vegetation. If activities regulated under the CWA are performed, those activities would receive approval under one or more NWPs (33 CFR part 330) or other general permits recognized by the U.S. Army Corps of Engineers. Any mitigation measures indicated in the NWPs or other permits would be implemented. BMPs would be used for erosion and sediment control. Vegetation in transmission line ROWs would be managed following a plan consisting of integrated vegetation management practices. All ROW maintenance work would be performed in compliance with all applicable laws and regulations. Herbicides would be applied by licensed applicators, and only if in compliance with applicable manufacturer label instructions. BMPs would be used for erosion and sediment control. Intakes would comply with regulatory requirements established by EPA in 40 CFR 125.84 to be protective of fish and shellfish. Best available control technology would be employed in the design of intakes to minimize entrainment and impingement, such as use of screens and intake rates recognized to minimize effects. Staff would have to first review the discharge plume analysis (as described in Section 3.4) and the aquatic biota potentially present before being able to reach a conclusion regarding the possible significance of impacts to that biota. Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80821 TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 Staff would have to first review the discharge plume analysis (as described in Section 3.4) and the aquatic biota potentially present before being able to reach a conclusion regarding the possible significance of impacts to that biota. If needed, cooling towers would be mechanical draft, not natural draft; less than 100 ft (30.5 m) in height; and equipped with drift eliminators. Any makeup water for the cooling towers would be fresh water (less than 1 ppt salinity). Total plant water demand would be less than or equal to a daily average of 6,000 gpm (0.379 m3/s). If water is withdrawn from flowing waterbodies, average plant water withdrawals would not reduce flow by more than 3 percent of the 95 percent exceedance daily flow and would not prevent maintenance of applicable instream flow requirements. Any water withdrawals would be in compliance with any EPA or State permitting requirements. Applicants would be able to demonstrate that hydroperiod changes are within historical or seasonal fluctuations. The NRC staff is unable to determine the significance of potential impacts without consideration of project-specific factors, including the specific species and habitats affected and the types of ecological changes potentially resulting from each specific licensing action. Furthermore, the Endangered Species Act (16 U.S.C. 1531 et seq.) and Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) require consultations for each licensing action that may affect regulated resources. Applicants would communicate with State natural resource or conservation agencies regarding aquatic fish, wildlife, and plants and implement mitigation recommendations of those agencies. Other effects of cooling-water discharges on aquatic biota. 2 Undetermined .... Water use conflicts with aquatic resources. 1 SMALL .............. Important Species and Habitats—Resources Regulated under the ESA and Magnuson-Stevens Fishery Conservation and Management Act. 2 Undetermined .... Important species and habitats—Other Important Species and Habitats. 1 SMALL ............... Historic and Cultural Resources Construction: Construction impacts on historic and cultural resources. 2 Undetermined .... Impacts on historic and cultural resources are analyzed on a project-specific basis. The NRC will perform a National Environmental Policy Act (NEPA) analysis and a National Historic Preservation Act (NHPA) Section 106 analysis, in accordance with 36 CFR part 800, in its preparation of the supplemental environmental impact statement. The NHPA Section 106 analysis includes consultation with the State and Tribal Historic Preservation Officers, American Indian Tribes, and other interested parties. Operation: Operation impacts on historic and cultural resources. 2 Undetermined .... Impacts on historic and cultural resources are analyzed on a project-specific basis. The NRC will perform a NEPA analysis and a NHPA Section 106 analysis, in accordance with 36 CFR part 800, in its preparation of the supplemental environmental impact statement. The NHPA Section 106 analysis includes consultation with the State and Tribal Historic Preservation Officers, American Indian Tribes, and other interested parties. Environmental Hazards—Radiological Environment Construction: Radiological dose to construction workers. khammond on DSKJM1Z7X2PROD with PROPOSALS Operation: Occupational doses to workers ............ VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 1 SMALL .............. For protection against radiation, the applicant must meet the regulatory requirements of: 10 CFR 20.1101 Radiation Protection Programs if issued a license 10 CFR 20.1201 Occupational dose limits for adults 10 CFR 20.1301 Dose limits for individual members of the public Appendix B to 10 CFR part 20 Annual Limits on Intake (ALIs) and Derived Air Concentrations (DACs) of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for Release to Sewerage Applicable NRC radiation protection regulations, such as: 10 CFR 50.34a Design objectives for equipment to control releases of radioactive material in effluents—nuclear power reactors 10 CFR 50.36a Technical specifications on effluents from nuclear power reactors Application contains sufficient technical information for the staff to complete the detailed technical safety review. Application will be found to be in compliance by the staff with the above regulations through a radiation protection program and an effluent release monitoring program. 1 SMALL .............. For protection against radiation, the applicant must meet the regulatory requirements of: 10 CFR 20.1101 Radiation Protection Programs if issued a license 10 CFR 20.1201 Occupational dose limits for adults Appendix B to 10 CFR part 20 Annual Limits on Intake (ALIs) and Derived Air Concentrations (DACs) of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for Release to Sewerage Applicable radiation protection regulations, such as: 10 CFR 50.34 a Design objectives for equipment to control releases of radioactive material in effluents—nuclear power reactors 10 CFR 50.36 a Technical specifications on effluents from nuclear power reactors Application contains sufficient technical information for the staff to complete the detailed technical safety review Application will be found to be in compliance by the staff with the above regulations through a radiation protection program and an effluent release monitoring program. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 80822 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 For protection against radiation, the applicant must meet the regulatory requirements of: 10 CFR 20.1101 Radiation Protection Programs if issued a license 10 CFR 20.1301 Dose limits for individual members of the public Appendix B to 10 CFR part 20 Annual Limits on Intake (ALIs) and Derived Air Concentrations (DACs) of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for Release to Sewerage Applicable radiation protection regulations, such as: 10 CFR 50.34a Design objectives for equipment to control releases of radioactive material in effluents—nuclear power reactors 10 CFR 50.36a Technical specifications on effluents from nuclear power reactors Application contains sufficient technical information for the staff to complete the detailed technical safety review Application will be found to be in compliance by the staff with the above regulations through a radiation protection program and an effluent release monitoring program. For protection against radiation, the applicant must meet the regulatory requirements of: 10 CFR 20.1101 Radiation Protection Programs if issued a license 10 CFR 20.1301 Dose limits for individual members of the public Appendix B of 10 CFR part 20 Annual Limits on Intake (ALIs) and Derived Air Concentrations (DACs) of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for Release to Sewerage Applicable radiation protection regulations, such as: 10 CFR 50.34a Design objectives for equipment to control releases of radioactive material in effluents—nuclear power reactors 10 CFR 50.36a Technical specifications on effluents from nuclear power reactors Application contains sufficient technical information for the staff to complete the detailed technical safety review Application will be found to be in compliance by the staff with the above regulations through a radiation protection program and an effluent release monitoring program. Applicants would demonstrate in their application that any radiological nonhuman biota doses would be below applicable guidelines. Maximally exposed individual annual doses. 1 SMALL ............... Total population annual doses ............. 1 SMALL .............. Nonhuman biota doses ........................ 1 SMALL .............. Environmental Hazards—Nonradiological Environment Construction: Building impacts of chemical, biological, and physical nonradiological hazards. Building impacts of electromagnetic fields (EMFs). Operation: Operation impacts of chemical, biological, and physical nonradiological hazards. Operation impacts of EMFs ................. 1 SMALL ............... N/A Uncertain ........... 1 SMALL .............. N/A Uncertain ........... The applicant must adhere to all applicable Federal, State, local or Tribal regulatory limits and permit conditions for chemical hazards, biological hazards, and physical hazards. The applicant will follow nonradiological public and occupational health BMPs and mitigation measures, as appropriate. Studies of 60 Hz EMFs have not uncovered consistent evidence linking harmful effects with field exposures. Because the state of the science is currently inadequate, no generic conclusion on human health impacts is possible. If, in the future, the Commission finds that a general agreement has been reached by appropriate Federal health agencies that there are adverse health effects from EMFs, the Commission will require applicants to submit plant-specific reviews of these health effects as part of their application. Until such time, applicants are not required to submit information about this issue. The applicant must adhere to all applicable Federal, State, local or Tribal regulatory limits and permit conditions for chemical hazards, biological hazards, and physical hazards. The applicant will follow nonradiological public and occupational health BMPs and mitigation measures, as appropriate. Studies of 60 Hz EMFs have not uncovered consistent evidence linking harmful effects with field exposures. Because the state of the science is currently inadequate, no generic conclusion on human health impacts is possible. If, in the future, the Commission finds that a general agreement has been reached by appropriate Federal health agencies that there are adverse health effects from EMFs, the Commission will require applicants to submit plant-specific reviews of these health effects as part of their application. Until such time, applicants are not required to submit information about this issue. khammond on DSKJM1Z7X2PROD with PROPOSALS Noise Construction: Construction-related noise ................... 1 SMALL .............. The noise level would be no more than 65 dBA at site boundary, unless a relevant State or local noise abatement law or ordinance sets a different threshold, which would then be the presumptive threshold for PPE purposes. If an applicant cannot meet the 65 dBA threshold through mitigation, then the applicant must obtain a various or exception with the relevant State or local regulator. The project would implement BMPs, including such as modeling, foliage planting, construction of noise buffers, and the timing of construction and/or operation activities. Operation: Operation-related noise ........................ 1 SMALL .............. The noise level would be no more than 65 dBA at site boundary, unless a relevant State or local noise abatement law or ordinance sets a different threshold, which would then be the presumptive threshold for PPE purposes. If an applicant cannot meet the 65 dBA threshold through mitigation, then the applicant must obtain a various or exception with the relevant State or local regulator. The project would implement BMPs, including such as modeling, foliage planting, construction of noise buffers, and the timing of construction and/or operation activities. Waste Management—Radiological Waste Management Operation: VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80823 TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 Applicants must meet the regulatory requirements of 10 CFR part 20 (e.g., 10 CFR 20.1406 and subpart K), 10 CFR part 61, 10 CFR part 71, and 10 CFR part 72. Quantities of LLRW generated at a new nuclear reactor would be less than the quantities of LLRW generated at existing nuclear power plants, which generate an average of 21,200 ft3 (600 m3) and 2,000 Ci (7.4 × 1013 Bq) per year for boiling water reactors and half that amount for pressurized water reactors. Compliance with 10 CFR part 72. Resource Conservation and Recovery Act (RCRA) Small Quantity Generator for Mixed Waste. Low-level radioactive waste (LLRW) .... 1 SMALL .............. Onsite spent nuclear fuel management Mixed waste ......................................... 1 1 SMALL .............. SMALL .............. Waste Management—Nonradiological Waste Management Construction: Construction nonradiological waste ..... 1 SMALL .............. The applicant must meet all the applicable permit conditions, regulations, and BMPs related to solid, liquid, and gaseous waste management. For hazardous waste generation, applicants must meet conformity with hazardous waste quantity generation levels in accordance with RCRA. For sanitary waste, applicants must dispose of sanitary waste in a permitted process. For mitigation measures, the applicant would perform mitigation measures to the extent practicable, such as recycling, process improvements, or the use of a less hazardous substance. Operation: Operation nonradiological waste .......... 1 SMALL ............... The applicant must meet all the applicable permit conditions, regulations, and BMPs related to solid, liquid, and gaseous waste management. For hazardous waste generation, applicants must meet conformity with hazardous waste quantity generation levels in accordance with RCRA. For sanitary waste, applicants must dispose of sanitary waste in a permitted process. For mitigation measures, the applicant would perform mitigation measures to the extent practicable, such as recycling, process improvements, or the use of a less hazardous substance. Postulated Accidents Operation: Design Basis Accidents Involving Radiological Releases. 1 SMALL .............. Accidents Involving Releases of Hazardous Chemicals. 1 SMALL ............... Severe Accidents ................................. 2 Undetermined .... Severe Accident Mitigation Design Alternatives. 1 SMALL .............. Acts of Terrorism .................................. 1 SMALL .............. For the exclusion area boundary, the maximum total effective dose equivalent for any 2-hour period during the radioactivity release should be calculated. For the low-population zone, the total effective dose equivalent should be calculated for the duration of the accident release (i.e., 30 days, or other duration as justified). The above calculations should demonstrate that the design basis accident doses satisfy the dose criteria given in regulations related to the application (e.g., 10 CFR 50.34(a)(1), 10 CFR 52.17(a)(1), and 10 CFR 52.79(a)(1)), standard review plans (e.g., standard review plan criteria, Table 1 in standard review plan Section 15.0.3 of NUREG–0800), and Regulatory Guides, (e.g., Regulatory Guide 1.183), as applicable. Reactor inventory of a regulated substance is less than its Threshold Quantity. Threshold Quantities are found in 40 CFR 68.130, Tables 1, 2, 3, and 4; and Reactor inventory of an extremely hazardous substance is less than its Threshold Planning Quantity. Threshold Planning Quantities are found in 40 CFR part 355, Appendices A and B. Based on the analysis in the Final Safety Analysis Report/Preliminary Safety Analysis Report regarding severe accidents, if a reactor design has severe accident progressions with radiological or hazardous chemical releases, then an environmental risk evaluation must be performed. If a cost-screening analysis determines that the maximum benefit for avoiding an accident is so small that a severe accident mitigation design alternative analysis is not justified based on a minimum cost to design an appropriate severe accident mitigation design alternative. The environmental impacts of acts of terrorism and sabotage only need to be addressed if a reactor facility is subject to the jurisdiction of the U.S. Court of Appeals for the Ninth Circuit. khammond on DSKJM1Z7X2PROD with PROPOSALS Socioeconomics Construction: Community Services and Infrastructure 1 SMALL .............. Transportation Systems and Traffic ..... 1 SMALL .............. Economic Impacts ................................ 1 Beneficial ........... VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00027 The housing vacancy rate in the affected economic region does not change by more than 5 percent, or at least 5 percent of the housing stock remains available after accounting for in-migrating construction workers. Student:teacher ratios in the affected economic region do not exceed locally mandated levels after including the school age children of the in-migrating worker families. The LOS determination for affected roadways does not change. Mitigation measures may include implementation of traffic flow management, management of shiftchange timing, and encouragement of ride-sharing and use of public transportation options, such that LOS values can be maintained with the increased volumes. The economic impacts of construction and operation of a new nuclear reactor are expected to be beneficial; therefore, this is a Category 1 issue. If, during the projectspecific environmental review, the NRC staff determines a detailed analysis of economic costs and benefits is needed for analysis of the range of alternatives considered or relevant to mitigation, the staff may require further information from the applicant. Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 80824 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 Tax Revenue Impacts .......................... 1 Beneficial ........... The tax revenue impacts of construction and operation of a new nuclear reactor are expected to be beneficial; therefore, this is a Category 1 issue. If, during the projectspecific environmental review, the NRC staff determines a detailed analysis of tax revenue costs and benefits is needed for analysis of the range of alternatives considered or relevant to mitigation, the staff may require further information from the applicant. Operation: Community Services and Infrastructure 1 SMALL .............. Transportation Systems and Traffic ..... 1 SMALL .............. Economic Impacts ................................ 1 Beneficial ........... Tax Revenue Impacts .......................... 1 Beneficial ........... The housing vacancy rate in the affected economic region does not change by more than 5 percent, or at least 5 percent of the housing stock remains available after accounting for in-migrating construction workers. Student:teacher ratios in the affected economic region do not exceed locally mandated levels after including the school age children of the in-migrating worker families. The LOS determination for affected roadways does not change. Mitigation measures may include implementation of traffic flow management, management of shiftchange timing, and encouragement of ride-sharing and use of public transportation options, such that LOS values can be maintained with the increased volumes. The economic impacts of construction and operation of a nuclear reactor are expected to be beneficial; therefore, this is a Category 1 issue. If, during the project-specific environmental review, the NRC staff determines a detailed analysis of economic costs and benefits is needed for analysis of the range of alternatives considered or relevant to mitigation, the staff may require further information from the applicant. The tax revenue impacts of construction and operation of a nuclear reactor are expected to be beneficial; therefore, this is a Category 1 issue. If, during the projectspecific environmental review, the NRC staff determines a detailed analysis of tax revenue costs and benefits is needed for analysis of the range of alternatives considered or relevant to mitigation, the staff may require further information from the applicant. Environmental Justice Construction: Construction Environmental Justice Impacts. 2 Undetermined .... Project-specific analysis would be necessary, including analysis of the presence and size of specific minority or low-income populations, impact pathways derived from the plant design, layout, or site characteristics, or other community characteristics affecting specific minority or low-income populations. In performing its environmental justice analysis, the NRC staff will be guided by the NRC’s ‘‘Policy Statement on the Treatment of Environmental Justice Matters in NRC Regulatory and Licensing Actions,’’ which was published in the Federal Register on August 24, 2004 (69 FR 52040). Operation: Operation Environmental Justice Impacts. 2 Undetermined .... Project-specific analysis would be necessary, including analysis of the presence and size of specific minority or low-income populations, impact pathways derived from the plant design, layout, or site characteristics, or other community characteristics affecting specific minority or low-income populations. In performing its environmental justice analysis, the NRC staff will be guided by the NRC’s ‘‘Policy Statement on the Treatment of Environmental Justice Matters in NRC Regulatory and Licensing Actions,’’ which was published in the Federal Register on August 24, 2004 (69 FR 52040). khammond on DSKJM1Z7X2PROD with PROPOSALS Fuel Cycle Operation: Uranium Recovery ................................ 1 SMALL ............... Uranium Conversion ............................. 1 SMALL ............... VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00028 Table S–3 as codified in 10 CFR 51.51 is expected to bound the impacts for new nuclear reactor fuels, because of uranium fuel cycle changes since WASH–1248, including: Increasing use of in situ leach uranium mining has lower environmental impacts than traditional mining and milling methods. Current light-water reactors (LWRs) are using nuclear fuel more efficiently due to higher levels of fuel burnup resulting in less demand for mining and milling activities. Less reliance on coal-fired electrical generation plants is resulting in less gaseous effluent releases from electrical generation sources supporting mining and milling activities. Must satisfy the regulatory requirements of 10 CFR part 40, Domestic Licensing of Source Material and 10 CFR part 71, Packaging and Transportation of Radioactive Material. Table S–3 is expected to bound the impacts for new nuclear reactor fuels because of uranium fuel cycle changes since WASH–1248, including: Current LWRs are using nuclear fuel more efficiently due to higher levels of fuel burnup resulting in less demand for conversion activities. Less reliance on coal-fired electrical generation plants is resulting in less gaseous effluent releases from electrical generation sources supporting conversion activities. Must satisfy the regulatory requirements of 10 CFR part 40, Domestic Licensing of Source Material and 10 CFR part 71, Packaging and Transportation of Radioactive Material, and 10 CFR part 73, Physical Protection of Plants and Materials. Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80825 TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 Table S–3 is expected to bound the impacts for new nuclear reactor fuels, because of uranium fuel cycle changes since WASH–1248, including: Transitioning of U.S. uranium enrichment technology from gaseous diffusion to gas centrifugation, which requires less electrical usage per separative work unit. Current LWRs are using nuclear fuel more efficiently due to higher levels of fuel burnup resulting in less demand for enrichment activities. Less reliance on coal-fired electrical generation plants is resulting in less gaseous effluent releases from electrical generation sources supporting enrichment activities. Must satisfy the regulatory requirements of 10 CFR part 40, Domestic Licensing of Source Material, 10 CFR part 70, Domestic Licensing of Special Nuclear Material, 10 CFR part 71, Packaging and Transportation of Radioactive Material, and 10 CFR part 73, Physical Protection of Plants and Materials. Table S–3 is expected to bound the impacts for new nuclear reactor fuels, because of uranium fuel cycle changes since WASH–1248, including: Current LWRs are using nuclear fuel more efficiently due to higher levels of fuel burnup resulting in fewer discharged fuel assemblies to be fabricated each year and due to longer time periods between refueling. Less reliance on coal-fired electrical generation plants is resulting in less gaseous effluent releases from electrical generation sources supporting fabrication. Must satisfy the regulatory requirements of 10 CFR part 40, Domestic Licensing of Source Material, 10 CFR part 70, Domestic Licensing of Special Nuclear Material, 10 CFR part 71, Packaging and Transportation of Radioactive Material, and 10 CFR part 73, Physical Protection of Plants and Materials. Table S–3 is expected to bound the impacts for new nuclear reactor fuels, because of uranium fuel cycle changes since WASH–1248, including: Current LWRs are using nuclear fuel more efficiently due to higher levels of fuel burnup resulting in fewer discharged fuel assemblies to be reprocessed each year. Less reliance on coal-fired electrical generation plants is resulting in less gaseous effluent releases from electrical generation sources supporting reprocessing. Reprocessing capacity up to 900 MTU/yr Must satisfy the regulatory requirements of 10 CFR part 40, Domestic Licensing of Source Material, 10 CFR part 50, Domestic Licensing of Production and Utilization Facilities,10 CFR part 70, Domestic Licensing of Special Nuclear Material, 10 CFR part 71, Packaging and Transportation of Radioactive Material, 10 CFR part 72, Licensing Requirements for the Independent Storage of Spent Fuel, High-Level Radioactive Waste, and Reactor-related Greater Than Class C Waste, and 10 CFR part 73, Physical Protection of Plants and Materials. Table S–3 is expected to bound the impacts for new nuclear reactor fuels, because of uranium fuel cycle changes since WASH–1248, including: Current LWRs are using nuclear fuel more efficiently due to higher levels of fuel burnup resulting in fewer discharged fuel assemblies to be stored and disposed. Less reliance on coal-fired electrical generation plants is resulting in less gaseous effluent releases from electrical generation sources supporting storage and disposal. Waste and spent fuel inventories, as well as their associated certified spent fuel shipping and storage containers, are not significantly different from what has been considered for LWR evaluations in NUREG–2157. Must satisfy the regulatory requirements of 10 CFR part 40, Domestic Licensing of Source Material, 10 CFR part 70, Domestic Licensing of Special Nuclear Material, 10 CFR part 71, Packaging and Transportation of Radioactive Material, 10 CFR part 72, Licensing Requirements for the Independent Storage of Spent Fuel, High-Level Radioactive Waste, and Reactor-related Greater Than Class C Waste, and 10 CFR part 73, Physical Protection of Plants and Materials. Enrichment ........................................... 1 SMALL .............. Fuel Fabrication (excluding metal fuel and liquid-fueled molten salt). 1 SMALL .............. Reprocessing ........................................ 1 SMALL ............... Storage and Disposal of Radiological Wastes. 1 SMALL ............... khammond on DSKJM1Z7X2PROD with PROPOSALS Transportation of Fuel and Waste Operation: Transportation of Unirradiated Fuel ..... 1 SMALL .............. Transportation of Radioactive Waste ... 1 SMALL ............... Transportation of Irradiated Fuel .......... 1 SMALL ............... VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00029 The maximum annual one-way shipment distance does not exceed 36,760 mi (59,160 km). The annual shipments associated with the one-way shipment distance have been normalized to a net electrical output of 880 MW(e), i.e., 1,100 MW(e) with an 80 percent capacity factor from WASH–1238. The maximum annual round-trip shipment distance does not exceed 73,520 mi (118,320 km). The annual shipments associated with the round-trip shipment distance have been normalized to a net electrical output of 880 MW(e), i.e., 1,100 MW(e) with an 80 percent capacity factor from WASH–1238. The maximum annual round-trip shipment distance does not exceed 182,152 mi (293,145 km). The annual shipments associated with the round-trip shipment distance have been normalized to a net electrical output of 880 MW(e), i.e., 1,100 MW(e) with an 80 percent capacity factor and a shipment volume of 2.34 m3/shipment from WASH–1238. The maximum annual one-way shipment distance does not exceed 314,037 mi (505,393 km). The annual shipments associated with the one-way shipment distance have been normalized to a net electrical output of 880 MW(e), i.e., 1,100 MW(e) with an 80 percent capacity factor and a shipment capacity of 0.5 MTU/shipment from WASH–1238. The maximum annual round-trip shipment distance does not exceed 628,073 mi (1,010,786 km). The annual shipments associated with the round-trip shipment distance have been normalized to a net electrical output of 880 MW(e), i.e., 1,100 MW(e) with an 80 percent capacity factor and a shipment capacity of 0.5 MTU/shipment from WASH–1238. A maximum peak rod burnup of 62 GWd/MTU for UO2 fuel and peak pellet burnup of 133 GWd/MTU for TRi-structural ISOtropic (TRISO) fuel. Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 80826 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules TABLE C–1—SUMMARY OF FINDINGS ON ENVIRONMENTAL ISSUES FOR ISSUING A PERMIT OR LICENSE FOR A NEW NUCLEAR REACTOR 1—Continued Category 2 Issue Finding 3 Plant parameter envelope/site parameter envelope values and assumptions 4 The environmental impacts for the following resource areas were generically addressed in NUREG–0586, Supplement 1, would be limited to operational areas, would not be detectable or destabilizing and are expected to have a negligible effect on the impacts of terminating operations and decommissioning: —Onsite Land Use. —Water Use. —Water Quality. —Air Quality. —Aquatic Ecology within the operational area. —Terrestrial Ecology within the operational area. —Radiological. —Radiological Accidents (non-spent-fuel-related). —Occupational Issues. —Socioeconomic. —Onsite Cultural and Historic Resources for plants where the disturbance of lands beyond the operational areas is not anticipated. —Aesthetics. —Noise. —Transportation. —Irretrievable Resource. The following issues were not addressed in NUREG–0586, Supplement 1, but have been determined to be Category 1 issues: —Non-radiological waste. —-Greenhouse Gases. The following two issues were identified in NUREG–0586, Supplement 1, as requiring a project-specific review: —Environmental justice. —Threatened and endangered species. Four conditionally project-specific issues identified in NUREG–0586, Supplement 1, will require a project-specific review if present: —Land use involving offsite areas to support decommissioning activities. —Aquatic ecology for activities beyond the licensed operational area. —Terrestrial ecology for activities beyond the licensed operational area. —Historic and cultural resources (archaeological, architectural, structural, historic) for activities within and beyond the licensed operational area with no current (i.e., at the time of decommissioning) evaluation of resources for National Register of Historic Places (NRHP) eligibility. Additionally, the following two environmental resource areas are additional decommissioning impacts that require project-specific review: —Climate Change: the effects of climate change are location-specific and cannot, therefore, be evaluated generically (see Section 1.4.3.2.2, Category 2 Issues Applying Across Resources, of NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’). —Cumulative: must be considered on a project-specific basis where impacts would depend on regional resource characteristics, the resource specific impacts of the project, and the cumulative significance of other factors affecting the resource. (see Section 1.4.3.2.2, Category 2 Issues Applying Across Resources, of NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’). Decommissioning: Decommissioning ................................. 1 SMALL ............... Decommissioning ........................................ 2 Undetermined .... Issues Applying Across Resources Climate Change ........................................... 2 Undetermined .... Cumulative Impacts ..................................... 2 Undetermined .... Purpose and Need ...................................... Need for Power ........................................... Site Alternatives ........................................... Energy Alternatives ..................................... System Design Alternatives ........................ 2 2 2 2 2 Undetermined Undetermined Undetermined Undetermined Undetermined The effects of climate change are location-specific and cannot, therefore, be evaluated generically. For example, while climate change may cause many areas to receive less than average annual precipitation, other areas may see an increase in average annual precipitation. Therefore, applicants and staff would address the effects of climate change in the environmental documents for new nuclear reactor licensing. Applications must individually consider the cumulative impacts from past, present, and reasonably foreseeable future actions known to occur at specific sites for proposed new nuclear reactors, and briefly present those considerations in supplemental NEPA documentation. The staff would explain whether these individualized evaluations of potential cumulative impacts alter any of the generic analyses and conclusions relied upon for Category 1 issues. The individualized cumulative impact analyses may also identify opportunities where staff might rely upon the generic analyses for some Category 1 issues for which certain of the PPE or SPE values and assumptions might be exceeded. khammond on DSKJM1Z7X2PROD with PROPOSALS Non-Resource Related Issues .... .... .... .... .... Must Must Must Must Must be be be be be described described described described described in in in in in the the the the the environmental environmental environmental environmental environmental report report report report report associated associated associated associated associated 1 Data with with with with with a a a a a given given given given given application. application. application. application. application. supporting this table are contained in NUREG–2249, ‘‘Generic Environmental Impact Statement for Licensing of New Nuclear Reactors’’ (September 2024). categories are defined as follows: Category 1 issues—environmental issues for which the NRC has been able to make a generic finding of SMALL adverse environmental impacts, or beneficial impacts, provided that the applicant’s proposed reactor facility and site meet or are bounded by relevant values and assumptions in the PPE and SPE that support the generic finding for that Category issue. 2 The VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80827 Category 2 issues—Environmental issues for which a generic finding regarding the environmental impacts cannot be reached because the issue requires the consideration of project-specific information that can only be evaluated once the proposed site is identified. The impact significance (i.e., SMALL, MODERATE, or LARGE) for these issues will be determined in a project-specific evaluation. N/A—Issues related to exposure to electromagnetic fields (EMFs) for which there is no national scientific agreement regarding adverse health effects. 3 A finding of SMALL impacts means that environmental effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of the resource. For the purposes of assessing radiological impacts, the Commission has concluded that those impacts that do not exceed permissible levels in the Commission’s regulations are considered SMALL as the term is used in this table. For issues where probability is a key consideration (i.e., accident consequences), probability was a factor in determining significance. 4 Because the Category 2 issues require a project-specific review, there are no associated values and assumptions of the plant parameter envelope and site parameter envelope. A brief summary explanation for the designation of the Category 2 issues is provided in lieu of values and assumptions. Dated: September 25, 2024. For the Nuclear Regulatory Commission. Carrie Safford, Secretary of the Commission. [FR Doc. 2024–22385 Filed 10–3–24; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1287; Project Identifier AD–2023–00992–T] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM). AGENCY: The FAA is revising an earlier notice of proposed rulemaking (NPRM) to supersede Airworthiness Directive (AD) 2012–07–06. AD 2012–07–06 applies to certain The Boeing Company Model 777–200, –200LR, –300, –300ER, and 777F series airplanes. This action revises the NPRM by proposing to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is requesting comments on this SNPRM. DATES: The FAA must receive comments on this SNPRM by November 18, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:32 Oct 03, 2024 Jkt 265001 • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–1287; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, this SNPRM, any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For Boeing material in this proposed AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA–2024–1287. FOR FURTHER INFORMATION CONTACT: Luis Cortez-Muniz, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3958; email: Luis.A.Cortez-Muniz@faa.gov. SUPPLEMENTARY INFORMATION: received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this proposed AD. Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2024–1287; Project Identifier AD–2023–00992–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may again revise this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments Background The FAA issued AD 2012–07–06, Amendment 39–17012 (77 FR 21429, April 10, 2012) (AD 2012–07–06), for The Boeing Company Model 777–200, 200LR, –300, –300ER, and 777F series airplanes with an original airworthiness certificate or original export certificate of airworthiness issued before September 1, 2010. AD 2012–07–06 requires revising the maintenance program to update inspection requirements to detect fatigue cracking of principal structural elements (PSEs). The FAA issued AD 2012–07–06 to ensure that fatigue cracking of various PSEs is detected and corrected; such fatigue cracking could adversely affect the structural integrity of these airplanes. The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this SNPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this SNPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this SNPRM. Submissions containing CBI should be sent to: Luis CortezMuniz, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3958; email: Luis.A.Cortez-Muniz@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. E:\FR\FM\04OCP1.SGM 04OCP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Proposed Rules]
[Pages 80797-80827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22385]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / 
Proposed Rules

[[Page 80797]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 51

[NRC-2020-0101]
RIN 3150-AK55


Generic Environmental Impact Statement for Licensing of New 
Nuclear Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule, draft guidance, and draft generic environmental 
impact statement; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend the regulations that govern the NRC's environmental reviews of 
new nuclear reactor applications under the National Environmental 
Policy Act. The rulemaking would codify the generic findings of the 
NRC's draft Generic Environmental Impact Statement for Licensing of New 
Nuclear Reactors. The draft Generic Environmental Impact Statement for 
Licensing of New Nuclear Reactors uses a technology-neutral framework 
and a set of plant and site parameters to determine which potential 
environmental impacts would be common to the construction, operation, 
and decommissioning of many new nuclear reactors, and thus appropriate 
for a generic analysis, and which potential environmental impacts would 
be unique, and thus require a project-specific analysis. The NRC 
expects that both the proposed rule and the Generic Environmental 
Impact Statement for Licensing of New Nuclear Reactors would streamline 
the environmental reviews for future nuclear reactor applicants. The 
NRC is also issuing for public comment draft regulatory guide (DG), 
``Preparation of Environmental Reports for Nuclear Power Stations,'' 
and ``Environmental Considerations Associated with New Nuclear Reactor 
Applications that Reference the Generic Environmental Impact 
Statement.''

DATES: Submit comments by December 18, 2024. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
before this date. The NRC plans to hold three public meetings to 
promote a full understanding of the proposed rule and facilitate public 
comments. Public meetings will be held on November 7, 2024, November 
13, 2024, and November 14, 2024. See Section XV, ``Public Meetings,'' 
of this document for more information on the meetings.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject); however, the NRC encourages electronic 
comment submission through the Federal rulemaking website:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0101. Address 
questions about NRC dockets to Helen Chang; telephone: 301-415-3228; 
email: [email protected]. For technical questions contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal 
workdays; telephone: 301-415-1677.
    You can read a plain language description of this proposed rule at 
https://www.regulations.gov/docket/NRC-2020-0101. For additional 
direction on obtaining information and submitting comments, see 
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Stewart Schneider, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-4123, email: 
[email protected], Stacey Imboden, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-2462, email: 
[email protected], or Laura Willingham, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-0857, email: 
[email protected]. All are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Executive Summary

A. Purpose of the Regulatory Action

    The U.S. Nuclear Regulatory Commission (NRC) is proposing to revise 
its regulations to codify the findings of the draft generic 
environmental impact statement, NUREG-2249, ``Generic Environmental 
Impact Statement for Licensing of New Nuclear Reactors'' (NR GEIS). The 
draft NR GEIS analyzes the potential environmental impacts of the 
construction, operation, and decommissioning of a new nuclear reactor. 
The NR GEIS is intended to improve the efficiency of the NRC staff's 
environmental review of a new nuclear reactor application by 
identifying those potential environmental issues that are expected to 
be common, or generic, to the construction, operation, and 
decommissioning of many new nuclear reactors. If the Commission 
approves issuance of the NR GEIS, the NRC staff would be able to rely 
on the NR GEIS' generic findings when conducting a subsequent, project-
specific environmental review for a new nuclear reactor if specific 
conditions are met. The proposed rule would codify these generic 
findings into the NRC's regulations in part 51 of title 10 of the Code 
of Federal Regulations (10 CFR), ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions,'' thus making 
the NRC's licensing process for new nuclear reactors more efficient. 
Specifically, these findings would be codified into subpart A of 10 CFR 
part 51, which sets forth the NRC's regulations to implement its 
obligations under the National Environmental Policy Act (NEPA).\1\
---------------------------------------------------------------------------

    \1\ 42 U.S.C. 4321 et seq. (1969).

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[[Page 80798]]

B. Major Provisions

    Major provisions of this proposed rule and guidance would include:
    1. Addition of a new appendix C, ``Environmental Effect of Issuing 
a Permit or License for a New Nuclear Reactor,'' to subpart A of 10 CFR 
part 51 to codify the findings in the NR GEIS and state that, on a 10-
year cycle, the Commission intends to review the material in this 
appendix and update if necessary.
    2. Changes to the regulations for the preparation of environmental 
reports for new reactors (Sec.  51.50, ``Environmental report--
construction permit, early site permit, or combined license stage'') to 
provide the applicant with the option to use the NR GEIS.
    3. Changes to the regulations for the preparation of draft 
environmental impact statements (EISs) for new reactors (Sec.  51.75, 
``Draft environmental impact statement--construction permit, early site 
permit, or combined license'') to require the NRC staff to use the NR 
GEIS in preparing its draft EIS if an applicant for a new nuclear 
reactor referenced the NR GEIS in its application.
    4. Addition of new section (Sec.  51.96, ``Final supplemental 
environmental impact statement relying on Appendix C to Subpart A'') to 
provide the NRC staff with directions on the preparation of final EISs 
that reference the NR GEIS.
    5. Draft revisions to Regulatory Guide (RG) 4.2, ``Preparation of 
Environmental Reports for Nuclear Power Stations,'' \2\ to provide 
guidance to applicants regarding the use of the NR GEIS. In addition, 
the NRC staff has prepared a draft interim staff guidance document, 
COL-ISG-030, ``Environmental Considerations Associated with New Nuclear 
Reactor Applications that Reference the Generic Environmental Impact 
Statement (NUREG-2249)'' to provide guidance to the NRC staff regarding 
the use of the NR GEIS.
---------------------------------------------------------------------------

    \2\ Unless stated otherwise, references to RG 4.2 refer to DG-
4032, the draft revision to RG 4.2, which is being published at the 
same time as this notice.
---------------------------------------------------------------------------

C. Costs and Benefits

    The NRC prepared a draft regulatory analysis to determine the 
expected quantitative costs and benefits of this proposed rule and 
associated guidance. Assuming 20 applications over the next decade, the 
regulatory analysis concluded that, compared to the no-action 
alternative, the proposed rule alternative and associated guidance 
would result in undiscounted total net savings for the NRC and 
applicants up to $40.1 million or $2.0 million per application if the 
NR GEIS is fully utilized.
    The draft regulatory analysis also considered qualitative factors 
to be considered in the NRC's rulemaking decision. Qualitative aspects 
include greater regulatory stability, predictability, and clarity to 
the licensing process. The proposed rule would reduce the cost to 
industry of preparing environmental reports for new nuclear reactor 
applications by focusing resources on project-specific analyses. The 
NRC also would recognize similar reductions in cost and be better able 
to focus its resources on the project-specific issues during new 
nuclear reactor licensing environmental reviews.
    The NR GEIS could potentially be utilized for micro-reactors, but 
the NRC staff does not have sufficient information at this time to 
determine whether the proposed rule could potentially affect any small 
entities as defined in Sec.  2.810, ``NRC size standards.'' Therefore, 
the NRC staff has included an initial regulatory flexibility analysis 
in Section VI, Regulatory Flexibility Certification, of this document 
and is requesting public comment on the potential impact of the 
proposed rule on small entities.
    For more information, please see the draft regulatory analysis 
(available as indicated in Section XVI, Availability of Documents, of 
this document).

Table of Contents

I. Obtaining Information and Submitting Comments
    A. Obtaining Information
    B. Submitting Comments
II. Background
    A. New Reactor Licensing Processes--10 CFR Part 50 and 10 CFR 
Part 52
    B. Environmental Review--Current 10 CFR Part 51 Regulations
    C. Use of Rulemaking and Generic Environmental Impact Statements
    D. Advanced Nuclear Reactors
III. Discussion
    A. Proposed Amendments
    B. The Fiscal Responsibility Act of 2023
    C. Environmental Impacts To Be Reviewed
    D. Generic Environmental Impact Statement
    E. Summary of Issues Analyzed in the NR GEIS
    F. Public Comments on Notice of Exploratory Process and Notice 
of Intent To Prepare a Generic Environmental Impact Statement
    G. Clarifying Amendment for Postoperating Licenses
IV. Specific Requests for Comments
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Cumulative Effects of Regulation
X. Plain Writing
XI. National Environmental Policy Act
XII. Paperwork Reduction Act
XIII. Voluntary Consensus Standards
XIV. Availability of Guidance
XV. Public Meetings
XVI. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2020-0101 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0101.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room reference staff at 1-800-397-4209, at 301-415-4737, or by 
email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the Availability of Documents section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.
     Technical Library: The Technical Library, which is located 
at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 
20852, is open by appointment only. Interested parties may make 
appointments to examine documents by contacting the NRC Technical 
Library by email at [email protected] between 8 a.m. and 4 p.m. 
eastern time, Monday through Friday, except Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2020-0101 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission.

[[Page 80799]]

The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    The Generic Environmental Impact Statement for Licensing of New 
Nuclear Reactors (NR GEIS) is intended to streamline the NRC's 
environmental review for new nuclear reactor applications received as 
part of the reactor licensing process.\3\ This Background section 
provides an overview of the two existing reactor licensing processes, 
10 CFR part 50, ``Domestic Licensing of Production and Utilization 
Facilities,'' and 10 CFR part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants,'' under which an applicant may 
apply for a license for a new nuclear reactor. This section also 
describes the environmental review process and the Commission's policy 
and past practice with respect to the use of generic rulemakings to 
adopt improvements to the licensing process.
---------------------------------------------------------------------------

    \3\ In staff requirements memorandum, SRM-SECY-20-0020, 
``Results of Exploratory Process for Developing a Generic 
Environmental Impact Statement for the Construction and Operation of 
Advanced Nuclear Reactors,'' dated September 21, 2020, the 
Commission approved the development of a GEIS for the construction 
and operation of advanced nuclear reactors and directed staff to 
codify the generic findings in the Code of Federal Regulations. In 
SRM-SECY-21-0098, ``Proposed Rule: Advanced Nuclear Reactor Generic 
Environmental Impact Statement,'' dated April 17, 2024, the 
Commission directed the staff to proceed with publication of the NR 
GEIS after modifying it to be applicable to any new nuclear reactor 
application.
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A. New Reactor Licensing Processes--10 CFR Part 50 and 10 CFR Part 52

    The NRC licenses and regulates the construction and operation of 
nuclear reactor facilities in the United States. The NRC's evaluation 
and ultimate decision on a reactor application will involve a safety 
review, governed by the NRC's regulations in either 10 CFR part 50 or 
10 CFR part 52, and an environmental review, governed by the NRC's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.'' All nuclear 
reactors that were operating prior to 2021 were licensed under a two-
step licensing process governed by 10 CFR part 50. The first step is an 
application for and issuance of a construction permit. The second step, 
upon substantial completion of facility construction, is issuance of an 
operating license.
    In an effort to improve regulatory efficiency and add greater 
predictability to the reactor licensing process, the NRC issued 10 CFR 
part 52 on April 18, 1989 (54 FR 15372). The rule added licensing 
processes for issuance of early site permits, standard design 
certifications, and combined licenses. Early site permits allow an 
applicant to obtain approval for a reactor site for future use, while 
certified standard plant designs can be used as pre-approved designs. 
Early site permits and certified designs can then be referenced in an 
application for a combined license. Combined licenses combine a 
construction permit and an operating license in a single authorization.
    A nuclear reactor applicant could apply for a license under 10 CFR 
part 50 or 10 CFR part 52. The proposed rule to adopt the generic 
environmental conclusions of the NR GEIS in 10 CFR part 51 would be 
available for use in conjunction with either of these two licensing 
processes. Additionally, the NRC staff is preparing a rulemaking that 
would provide a new framework for licensing reactors in a proposed 10 
CFR part 53.\4\ The NRC staff anticipates that the NR GEIS would be 
available for use with this new 10 CFR part 53 licensing process for 
new nuclear reactors.
---------------------------------------------------------------------------

    \4\ Risk-Informed, Technology Inclusive Regulatory Framework for 
Advanced Reactors (Docket ID NRC-2019-0062; RIN 3150-AK31).
---------------------------------------------------------------------------

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

    As a Federal agency, the NRC must comply with the National 
Environmental Policy Act (NEPA) by assessing the potential 
environmental effects of a proposed agency action prior to making a 
decision to approve or disapprove of that proposed action. The 
regulations implementing the NRC's NEPA obligations are found in 10 CFR 
part 51.
    Under NEPA, the environmental review of a proposed action can 
involve one of three different levels of analysis depending on the 
significance of a proposed action's potential effects on the 
environment: (1) a categorical exclusion,\5\ (2) an environmental 
assessment,\6\ or (3) an environmental impact statement (EIS). An EIS, 
the most complex, resource-intensive, and thorough of the three levels 
of NEPA analysis, is a document that describes the potential 
environmental impacts of the proposed action as well as a reasonable 
range of alternatives to the proposed agency action. Under NEPA, 
Federal agencies shall prepare an EIS for any proposed agency action 
that may result in a significant impact to an environmental resource. 
In addition, the Commission has identified, by its Sec.  51.20, 
``Criteria for and identification of licensing and regulatory actions 
requiring environmental impact statements,'' regulation, certain 
categories of NRC proposed actions that require the preparation of an 
EIS. In this regard, Sec.  51.20(b)(1) identifies the issuance of a 
construction permit (under the 10 CFR part 50 licensing process) or an 
early site permit (under the 10 CFR part 52 licensing process) for a 
nuclear power reactor or testing facility, as proposed actions 
requiring the preparation of an EIS.\7\ Similarly, Sec.  51.20(b)(2) 
identifies the issuance or renewal of an operating license (under 10 
CFR part 50) or a combined license (under 10 CFR part 52) for a nuclear 
power reactor or testing facility, as proposed actions requiring the 
preparation of an EIS.
---------------------------------------------------------------------------

    \5\ The NRC defines a ``categorical exclusion'' as 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 
Sec.  51.22, ``Criterion for categorical exclusion; identification 
of licensing and regulatory actions eligible for categorical 
exclusion or otherwise not requiring environmental review,'' and for 
which, therefore, neither an environmental assessment nor an 
environmental impact statement is required. 10 CFR 51.14(a). The 
NRC's list of categorical exclusions is set forth in Sec.  51.22.
    \6\ The NRC defines an ``environmental assessment'' as a concise 
public document . . . 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. 10 CFR 51.14(a).
    \7\ The terms ``nuclear reactor'' and ``testing facility'' are 
defined in Sec.  50.2, ``Definitions.''
---------------------------------------------------------------------------

    The NRC's regulation at Sec.  51.45, ``Environmental report,'' 
requires a reactor applicant to submit an environmental report that 
discusses: (1) the impact of the proposed action on the environment, 
(2) any adverse environmental impacts that cannot be avoided, (3) 
alternatives to the proposed action, (4) the relationship between local 
short-term uses of the environment and maintenance and enhancement of

[[Page 80800]]

long-term productivity, and (5) any irreversible or irretrievable 
commitments of resources. In addition, the applicant is required to 
include in its environmental report, an analysis that considers and 
balances the environmental effects of the proposed action and the 
alternatives available for reducing or avoiding adverse environmental 
effects, as well as the benefits of the action. The NRC will 
independently evaluate the applicant's environmental report as part of 
the NRC's preparation of the draft EIS.
    Before issuing a construction permit or an operating license for a 
nuclear plant under 10 CFR part 50 or an early site permit or combined 
license (that does not reference an early site permit for the proposed 
nuclear reactor) under 10 CFR part 52, the NRC is required to prepare a 
draft EIS that assesses the potential environmental impacts that may 
result from the construction, operation, and decommissioning of the 
proposed nuclear reactor plant. In preparing the draft EIS, the NRC 
staff will analyze the potential environmental impacts in regard to 
different aspects or resources of the human environment (e.g., air 
quality). For each environmental aspect or resource area, the NRC staff 
will identify and analyze issues that correspond to specific, potential 
environmental impacts (e.g., for the air quality resource area, the 
criteria pollutant emissions likely to result during construction). In 
the draft EIS, the NRC staff also evaluates alternatives to the 
proposed agency action.
    After analyzing the potential environmental impacts for each 
issue,\8\ the NRC assigns one of the following three significance 
levels to describe its evaluation of those impacts on that issue:
---------------------------------------------------------------------------

    \8\ Each issue corresponds to a specific type of environmental 
impact potentially resulting from building, operating, or 
decommissioning of a new nuclear reactor.
---------------------------------------------------------------------------

    SMALL--The environmental effects are not detectable or are so minor 
that they will neither destabilize nor noticeably alter any important 
attribute of the resource. For the purposes of assessing radiological 
impacts, the Commission has concluded that those impacts that do not 
exceed permissible levels in the Commission's regulations are 
considered small as the term is used in this definition.
    MODERATE--The environmental effects are sufficient to alter 
noticeably, but not to destabilize, important attributes of the 
resource.
    LARGE--The environmental effects are clearly noticeable and are 
sufficient to destabilize important attributes of the resource.
    For issues where probability is a key consideration (i.e., accident 
consequences), probability is a factor in determining significance.
    The NRC will document its environmental review and analysis through 
the preparation of a draft EIS that will be published for public 
comment in the Federal Register, with a minimum 45-day comment period, 
in accordance with Sec.  51.73, ``Request for comments on draft 
environmental impact statement.'' Further, as provided in Sec.  51.74, 
``Distribution of draft environmental impact statement and supplement 
to draft environmental impact statement; news releases,'' the NRC will 
distribute the draft EIS to the Environmental Protection Agency, 
Federal agencies that have a special expertise or jurisdiction with 
respect to any potential environmental impact that may be relevant to 
the proposed action, the applicant, and appropriate State, Tribal, and 
local agencies and clearinghouses.
    Following the public comment period, the NRC will analyze any 
comments received, revise its environmental analyses as appropriate, 
and then prepare the final EIS in accordance with the requirements of 
Sec.  51.91, ``Final environmental impact statement--contents.'' \9\ 
Pursuant to Sec.  51.93, ``Distribution of final environmental impact 
statement and supplement to final environmental impact statement; news 
releases,'' the NRC will distribute the final EIS to many of the same 
entities as the draft EIS and to each commenter. The NRC also will 
publish a notice of availability for the final EIS in the Federal 
Register. As set forth in Sec.  51.102, ``Requirement to provide a 
record of decision; preparation,'' and following the preparation and 
distribution of the final EIS, the Commission will prepare and issue 
the record of decision, which is a concise, publicly-available 
statement that documents the NRC's decision, as informed by the final 
EIS. The requirements for a record of decision are described in Sec.  
51.103, ``Record of decision--general,'' and include stating the 
Commission's decision (e.g., the approval or disapproval of the nuclear 
reactor application), identifying the alternatives (including the 
proposed agency action) considered by the Commission, and a statement 
as to 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 (e.g., lack of jurisdiction or authority). In cases of an 
adjudicatory proceeding before the NRC's Atomic Safety and Licensing 
Board (ASLB), the initial decision of the presiding officer, or if 
appealed, the final decision of the Commission, will constitute the 
record of decision. To meet the Sec.  51.102 requirement that the 
record of decision be a concise document, the NRC staff will also 
prepare a ``Summary Record of Decision,'' signed by the NRC's Director, 
Office of Nuclear Reactor Regulation, that summarizes the presiding 
officer's initial, or the Commission's final, decision.\10\
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    \9\ For a 10 CFR part 52 combined license that references an 
early site permit, the NRC will prepare a supplement to the final 
EIS for the early site permit in accordance with Sec.  51.92(e) and 
will provide an opportunity for public comment on the supplement 
pursuant to Sec.  51.92(f)(1). Similarly, for a 10 CFR part 50 
operating license, the NRC will prepare a supplement to the final 
EIS for the construction permit in accordance with Sec.  51.95(b) 
and will provide an opportunity for public comment on the supplement 
pursuant to Sec.  51.95(a).
    \10\ For the issuance of a 10 CFR part 50 operating license 
supported by a supplement prepared pursuant to Sec.  51.95(b) that 
is uncontested (i.e., no hearing before the NRC's ASLB), the 
Director, Office of Nuclear Reactor Regulation, will prepare the 
record of decision in accordance with Sec.  51.103.
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C. Use of Rulemaking and Generic Environmental Impact Statements

    The use of rulemaking to adopt improvements to the licensing 
process for classes of applicants, such as reactor applicants, has 
several advantages, including the following, which were identified in a 
1978 NRC interim policy statement: \11\ (1) enhance stability and 
predictability of the licensing process by providing regulatory 
criteria and requirements in discrete generic areas on matters which 
are significant in the review and approval of license applications; (2) 
enhance public understanding and confidence in the integrity of the 
licensing process by inviting public participation in important generic 
issues which are of concern to the agency and the public; (3) enhance 
administrative efficiency in licensing by removing, in whole or in 
part, generic issues from NRC staff review and adjudicatory resolution 
in individual licensing proceedings and/or by establishing the 
importance (or lack of importance) of various safety and environmental 
issues to the decision process; (4) assist the Commission in resolving 
complex methodological and policy issues involved in recurring issues 
in the review and approval of individual licensing applications; and

[[Page 80801]]

(5) yield an overall savings in the utilization of resources in the 
licensing process by the utility industry, those of the public whose 
interest may be affected by the rulemaking, the NRC, and other Federal, 
State, and local governments with an expected improvement in the 
quality of the decision process.
---------------------------------------------------------------------------

    \11\ Generic Rulemaking to Improve Nuclear Power Plant 
Licensing, Interim Policy Statement (43 FR 58377; December 14, 
1978).
---------------------------------------------------------------------------

    The NRC has prepared the draft NR GEIS, which provides generic 
findings with respect to many environmental issues. The NRC is 
proposing to codify these generic findings in 10 CFR part 51 to 
streamline and make more efficient the preparation of environmental 
reports by new nuclear reactor applicants and the NRC's environmental 
reviews. This proposed rule is consistent with past NRC part 51 
rulemakings that adopted generic findings with respect to certain 
environmental issues related to the reactor licensing process. For 
example, table S-3, ``Table of Uranium Fuel Cycle Environmental Data,'' 
in Sec.  51.51 identifies the generic findings related to various 
environmental impacts of the nuclear fuel cycle.\12\ As such, these 
applicants are not required to conduct their own analysis of these 
impacts in their environmental reports and the NRC staff can likewise 
rely upon these findings when preparing its draft EIS.
---------------------------------------------------------------------------

    \12\ As described in Sec.  51.51(a), the nuclear fuel cycle 
includes 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 
these activities.
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    Based upon past experience, the NRC has determined that the use of 
a generic environmental impact statement (GEIS) and the codification of 
the generic findings into an NRC regulation is an efficient and 
thorough method of NEPA compliance when applied to a particular class 
of facilities or licensing and regulatory actions. Specifically, the 
NRC has relied upon the ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants'' (NUREG-1437), which was issued in 
1996 and recently updated in 2024, for operating power reactor license 
renewal actions, and the ``Generic Environmental Impact Statement for 
Continued Storage of Spent Nuclear Fuel'' (NUREG-2157), which was 
issued in 2014, for the continued storage of spent fuel beyond the 
licensed life for operation of a reactor. In this regard, the NRC added 
appendix B to 10 CFR part 51, which codifies the generic findings of 
the NUREG-1437, and amended Sec.  51.23, ``Environmental impacts of 
continued storage of spent nuclear fuel beyond the licensed life for 
operation of a reactor,'' which codifies the findings of NUREG-2157.
    The NUREG-1437, which identifies the environmental issues that may 
apply to the renewal of an operating power reactor license, serves as a 
model for the preparation of the NR GEIS. For each operating power 
reactor license renewal action, the NRC prepares a project-specific 
supplemental EIS (SEIS) that is issued as a supplement to NUREG-1437. 
To date, the NRC has issued SEISs to NUREG-1437 associated with initial 
license renewal and subsequent license renewal for 61 plants. In NUREG-
1437, the NRC staff determined that those issues that were common, or 
generic, to all nuclear reactors were identified as Category 1. 
Further, the NRC staff determined that the vast majority of the 
Category 1 issues were of a SMALL significance level.\13\ Provided that 
neither the license renewal applicant nor the NRC identifies any new 
and significant information, no further analysis is needed for that 
issue by the applicant in its environmental report or by the NRC in its 
preparation of the draft SEIS. Those issues that cannot be resolved 
generically and are identified as Category 2 issues must be analyzed by 
both the applicant in its environmental report and by the NRC in the 
draft SEIS. The applicant in its environmental report and the NRC in 
its draft SEIS must also address any new and significant information.
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    \13\ Certain issues such as the offsite radiological impacts of 
spent nuclear fuel storage and high-level waste disposal were not 
given a significance level because of uncertainty; however, the 
Commission concluded that the impacts would not be sufficiently 
large to require the NEPA conclusion, for any plant, that the option 
of extended operation under 10 CFR part 54 should be eliminated. 
Accordingly, while the Commission has not assigned a single level of 
significance for the offsite radiological impacts of spent fuel and 
high-level waste disposal, these issues were considered to be 
Category 1 issues by the Commission.
---------------------------------------------------------------------------

    The NRC has codified the findings for the NUREG-1437 Category 1 
issues into its regulations; the findings are listed in table B-1, 
``Summary of Findings on NEPA Issues for License Renewal of Nuclear 
Power Plants,'' of appendix B to subpart A of 10 CFR part 51. The 
regulatory direction to use NUREG-1437 is set forth in Sec.  51.53(c) 
for applicant environmental reports, in Sec.  51.71(d) for the NRC 
staff's preparation of the draft SEIS, and in Sec.  51.95(c) for the 
NRC staff's preparation of the final SEIS. In accordance with Sec.  
2.335(a), the codification of the generic findings and the direction to 
use NUREG-1437 for operating power reactor license renewal actions bars 
any challenge to a generic finding or the NRC's reliance upon NUREG-
1437 in a site-specific licensing proceeding before the NRC's ASLB.\14\ 
A person seeking to challenge a codified generic finding must either 
file a petition for rulemaking pursuant to Sec.  2.802, ``Petition for 
rulemaking--requirements for filing,'' or, if a party to an ASLB 
proceeding, file a request to waive the regulation pursuant to Sec.  
2.335(b), such waiver being subject to Commission approval.
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    \14\ 10 CFR 2.335(a) (``[N]o rule or regulation of the 
Commission, or any provision thereof, concerning the licensing of 
production and utilization facilities, source material, special 
nuclear material, or byproduct material, is subject to attack by way 
of discovery, proof, argument, or other means in any adjudicatory 
proceeding subject to this part.'').
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    The use of a GEIS for meeting the NRC's NEPA obligations and the 
concomitant codification of generic findings into an NRC regulation has 
been upheld by Federal courts. In its 1983 decision, Baltimore Gas and 
Electric Co. v. NRDC, the Supreme Court adjudicated a challenge to 
table S-3, codified at Sec.  51.51.\15\ The Court described table S-3 
as ``a numerical compilation of the estimated resources used and 
effluents released by fuel cycle activities supporting a year's 
operation of a typical light-water reactor.'' \16\ Section 51.51 
requires that an environmental report, prepared by an applicant for a 
construction permit, an early site permit, or a combined license for a 
light-water-cooled nuclear power reactor, use the data in table S-3 
``as the basis for evaluating the contribution of the environmental 
effects'' of all aspects of the uranium fuel cycle, such as uranium 
mining and milling, ``to the environmental costs of licensing the 
nuclear power reactor.'' \17\ The Court held that ``the generic method 
chosen by the [NRC] is clearly an appropriate method of conducting the 
hard look required by NEPA.'' \18\ The Court further stated that 
``administrative efficiency and consistency of decision are both 
furthered by a generic determination of these effects without needless 
repetition of the litigation in individual proceedings, which are 
subject to review by the Commission in any event.'' \19\ Lower Federal 
courts have applied the Baltimore Gas holding to the NRC's reliance on 
NUREG-1437 for operating power license renewal

[[Page 80802]]

licensing actions.\20\ Similarly, the NRC's codification of the generic 
findings of NUREG-2157 into Sec.  51.23 have been upheld.\21\
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    \15\ Baltimore Gas and Electric Co. v. NRDC, 462 U.S. 87 (1983).
    \16\ Id.
    \17\ 10 CFR 51.51(a).
    \18\ Baltimore Gas, 462 U.S. at 101. The NEPA requires that a 
Federal agency ``take a `hard look' at the environmental 
consequences before taking a major action. Id. at 97 citing Kleppe 
v. Sierra Club, 427 U.S. 390, 410, n. 21.
    \19\ Id. at 101.
    \20\ Massachusetts v. U.S. Nuclear Regulatory Commission, 708 
F.3d 63, 68 (1st Cir. 2013) (upholding the NRC's reliance upon 
NUREG-1437 and its codified findings in appendix B of subpart A, 10 
CFR part 51).
    \21\ New York v. U.S. Nuclear Regulatory Commission, 824 F.3d 
1012, 1019 (D.C. Cir. 2016) (citing New York v. U.S. Nuclear 
Regulatory Commission, 681 F.3d 471, 480 (D.C. Cir. 2012) (the court 
stated that ``the cornerstone of our holding was that the NRC may 
generically analyze risks that are `essentially common' to all 
plants so long as that analysis is `thorough and comprehensive.' In 
this case, we are convinced that the NRC has met that standard.'')).
---------------------------------------------------------------------------

D. Advanced Nuclear Reactors

    The NRC initially developed NUREG-2249 as a document that would be 
applicable only to ``advanced nuclear reactors'' that met the values 
and assumptions of the plant parameter envelopes and the site parameter 
envelopes used to develop the GEIS. See SECY-21-0098, ``Proposed Rule: 
Advanced Nuclear Reactor Generic Environmental Impact Statement (RIN 
3150-AK55; NRC-2020-0101),'' dated November 29, 2021. However, in staff 
requirements memorandum (SRM)-SECY-21-0098, ``Proposed Rule: Advanced 
Nuclear Reactor Generic Environmental Impact Statement (RIN 3150-AK55; 
NRC 2020-0101),'' dated April 17, 2024, the Commission directed the NRC 
staff to change the applicability of the GEIS and rule from ``advanced 
nuclear reactors'' to any new nuclear reactor application that meets 
the values and assumptions of the plant parameter envelopes and the 
site parameter envelopes used to develop the GEIS. Based on the 
direction from the Commission, the draft GEIS and proposed rule would 
be applicable to any new nuclear reactor, as defined in 10 CFR 50.2, 
``Definitions,'' that meets the values and assumptions of the plant 
parameter envelopes and the site parameter envelopes used to develop 
the GEIS.
    The NRC has also retitled this rulemaking from ``Advanced Nuclear 
Reactor Generic Environmental Impact Statement'' (ANR GEIS) to 
``Generic Environmental Impact Statement for Licensing of New Nuclear 
Reactors'' (NR GEIS), to reflect the change in the applicability of the 
GEIS and rule.

III. Discussion

A. Proposed Amendments

    The proposed amendments to 10 CFR part 51 would establish new 
requirements for environmental reviews of applications for an early 
site or construction permit or an operating or a combined license for 
new nuclear reactors.
    Specifically, the proposed amendments would codify the generic 
conclusions of the draft NR GEIS for those issues for which a generic 
conclusion regarding the potential environmental impacts of issuing a 
permit or license for a new nuclear reactor can be reached. These 
issues are identified as Category 1 issues in the NR GEIS. Similar to 
the NUREG-1437, the Category 1 issues identified and described in the 
NR GEIS may be applied to any new nuclear reactor application and have 
been determined to have a SMALL impact or significance level. The 
proposed appendix C, ``Environmental Effect of Issuing a Permit or 
License for a New Nuclear Reactor,'' to subpart A of 10 CFR part 51 
summarizes the Commission's findings for all Category 1 issues. In 
addition, the proposed amendments provide an applicant for a new 
nuclear reactor with the option to use the NR GEIS, including the 
reliance upon its generic analyses and the Category 1 findings.
    In this regard, an applicant can rely upon a given generic or 
Category 1 finding if it can demonstrate that the design of its 
proposed nuclear reactor and the parameters of the proposed site meet 
or are bounded by the values and assumptions of the NR GEIS analysis 
supporting that Category 1 finding. For each Category 1 issue, each 
supporting value and assumption is further classified as being part of 
the plant parameter envelope (PPE) or the site parameter envelope 
(SPE). The PPE consists of those values and assumptions relating to the 
design and operation of the nuclear reactor, such as building height, 
water use, air emissions, employment levels, and noise generation 
levels. The SPE consists of those values and assumptions relating to 
the siting of the plant, such as the site size, size of water bodies 
supplying water to the reactor, and demographics of the region 
surrounding the site. The NR GEIS provides the analysis evaluating the 
environmental impacts of a proposed nuclear reactor that fits within 
the bounds of the PPE on a site that fits within the bounds of the SPE. 
By using this approach, impact analyses for the environmental issues 
common to many new reactors can be addressed generically, thereby 
eliminating the need to repeatedly reproduce the same analyses each 
time a licensing application is submitted and allowing applicants and 
the NRC staff to focus future environmental review efforts on issues 
that only can be resolved once a site and facility are identified.
    Thus, if an applicant can demonstrate that the proposed nuclear 
reactor or the proposed site meets or is bounded by these PPE/SPE 
values and assumptions, then the applicant can adopt the conclusions of 
that Category 1 finding without having to conduct a project-specific 
analysis in its environmental report. Conversely, if an applicant 
cannot demonstrate that the proposed nuclear reactor or the proposed 
site meets or is bounded by these values and assumptions, or if the 
applicant determines that there is new and significant information 
regarding that Category 1 issue,\22\ then the applicant cannot adopt 
the conclusions of that Category 1 finding. In such case, the applicant 
would then have to prepare a project-specific analysis for that issue 
in its environmental report.
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    \22\ The proposed amendments would require the applicant, for 
each Category 1 finding that it relies upon in preparing its 
environmental report, to describe the process it used to determine 
whether there is any new and significant information that may change 
that Category 1 issue's generic analysis or finding. This proposed 
requirement is modeled after the requirement in Sec.  
51.50(c)(1)(iv) that has been used for new reactor combined license 
applications that referenced an early site permit.
---------------------------------------------------------------------------

    Likewise, in preparing its draft SEIS, the NRC staff would rely 
upon those Category 1 findings for which the applicant has demonstrated 
meeting or being bounded by the underlying values and assumptions and 
would likewise not be required to include a project-specific analysis 
within the draft SEIS, unless the NRC staff became aware of new and 
significant information regarding that Category 1 issue. The Category 1 
findings in proposed table C-1 to appendix C, ``Summary of Findings on 
Environmental Issues for Issuing a Permit or License for a New Nuclear 
Reactor,'' can only be challenged in an individual ASLB licensing 
proceeding if a waiver is granted by the Commission in accordance with 
Sec.  2.335(b).
    The NR GEIS also identifies and describes environmental issues for 
which a generic finding regarding the respective environmental impacts 
cannot be reached because the issue requires the consideration of 
project-specific information that can only be evaluated once the 
proposed site and facility are identified. The NRC classifies these 
issues as Category 2 issues in the NR GEIS and within the proposed 
amendments. The NRC staff will prepare a project-specific analysis in 
the draft SEIS for each Category 2 issue, and for each Category 1 issue 
that the applicant cannot demonstrate that its project has met the 
underlying values and assumptions or for which there is

[[Page 80803]]

new and significant information. The draft SEIS will also include the 
NRC staff's preliminary conclusions regarding the potential 
environmental impacts for each of these issues.
    Two additional issues are designated as non-applicable (N/A) (i.e., 
impacts are uncertain) in the NR GEIS, in that a classification of the 
issue as either Category 1 or 2 is not possible. These issues relate to 
human health effects from exposure to electromagnetic fields (EMFs) 
during both construction and operation. Because the state of the 
science is currently inadequate, no generic conclusion on human health 
impacts is possible for these issues. If, in the future, the Commission 
finds that a general agreement has been reached by appropriate Federal 
health agencies that there are adverse health effects from EMFs, the 
Commission will require applicants to submit plant-specific reviews of 
these health effects as part of their application. The proposed 
amendments do not require applicants to submit information on these 
issues in the environmental report nor will the NRC staff prepare a 
plant-specific analysis for these issues in the draft SEIS.
    The NRC wishes to emphasize the importance of the public commenting 
at this time on environmental analyses set forth in the NR GEIS, on the 
NRC's classification of the potential environmental impacts of the 
construction, operation and decommissioning of a new nuclear reactor as 
either a generic (Category 1) or project-specific (Category 2) issue 
for each of the issues identified in the NR GEIS, and on the proposed 
rule changes that would codify the generic findings of the NR GEIS. 
After a final rule is published and effective, challenging the NRC's 
reliance upon a Category 1 issue in an individual new nuclear reactor 
permitting or licensing action will be prohibited except through an 
approved waiver in accordance with Sec.  2.335(b). On a 10-year cycle, 
the Commission intends to review the material in this GEIS and the 
associated rule and update it if necessary.

B. The Fiscal Responsibility Act of 2023

    The NRC acknowledges recent amendments to the NEPA statute in the 
Fiscal Responsibility Act of 2023 (Pub. L. 118-5, 137 Stat. 10) (FRA).
    The FRA added to NEPA a new section 107(e), which establishes page 
limits for environmental impact statements, including 300 pages for 
environmental impact statements for agency actions of ``extraordinary 
complexity'' (not including appendices, citations, figures, tables, and 
other graphics). The NRC finds that, to the extent that section 107(e) 
applies to the NR GEIS, a 300-page limit is appropriate because the NR 
GEIS addresses a proposed action of ``extraordinary complexity'' in 
light of the complicated systems, structures, and components deployed 
in operating nuclear power plants; the number of resource areas 
addressed; and the variety of environments in which nuclear power 
plants operate. The draft NR GEIS is less than 300 pages and therefore 
complies with the NEPA page limits.

C. Environmental Impacts To Be Reviewed

    In the draft NR GEIS, the NRC has preliminarily made generic 
findings that many of the potentially adverse environmental impacts of 
constructing, operating, and decommissioning a new nuclear reactor will 
be SMALL provided that the applicant's proposed nuclear reactor and the 
proposed site meets or is bounded by the respective values and 
assumptions supporting the Category 1 finding under consideration. See 
Section III.C., ``Environmental Impacts to be Reviewed,'' of this 
document for a more detailed discussion of the process used in the NR 
GEIS.
    The NRC divided its conclusions about environmental impacts in the 
NR GEIS into the following three categories:
     Category 1. Environmental issues for which the NRC has 
been able to make a generic finding of SMALL adverse environmental 
impacts, or beneficial impacts, provided that the applicant's proposed 
reactor facility and site meet or are bounded by the relevant values 
and assumptions in the PPE and SPE that support the generic finding for 
that Category 1 issue.\23\
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    \23\ Beneficial impacts may include increased tax revenues 
associated with the increased assessed value of new reactor 
projects, and other economic activity such as increases in local 
employment, labor income, and economic output.
---------------------------------------------------------------------------

     Category 2. Environmental issues for which a generic 
finding regarding the environmental impacts cannot be reached because 
the issue requires the consideration of project-specific information 
that can only be evaluated once the proposed site is identified. The 
impact significance (i.e., SMALL, MODERATE, or LARGE) \24\ for these 
issues will be determined in a project-specific evaluation.
---------------------------------------------------------------------------

    \24\ See Section II.B. of this document for a description of the 
SMALL, MODERATE, and LARGE significance levels used by the NRC in 
its EISs.
---------------------------------------------------------------------------

     Not Applicable (N/A). Environmental issues for which the 
state of the science is currently inadequate, and no generic conclusion 
on human health impacts is possible.
    In the NR GEIS, the NRC identifies a total of 122 environmental 
issues that may be associated with constructing, operating, and 
decommissioning a new nuclear reactor; of these issues, the NRC 
identified 100 environmental issues as Category 1 issues. Chapter 3, 
``Affected Environment and Environmental Consequences,'' of the NR GEIS 
provides the analyses supporting the generic finding of a SMALL 
significance level impact for each Category 1 issue and indicates the 
relevant values and assumptions in the PPE and SPE underlying the 
analyses. Applicants and the NRC staff may rely on the generic finding 
for each Category 1 issue, as codified in proposed table C-1, provided 
that the applicant's proposed reactor facility and the proposed site 
meet or are bounded by the relevant values and assumptions for that 
Category 1 issue and that there is no new and significant information 
that changes the issue's generic analysis or finding, as determined by 
the NRC.
    The NR GEIS identifies 20 environmental issues as Category 2 
issues. These issues cannot be evaluated generically and must be 
evaluated by the applicant, in its environmental report, and the NRC 
staff, in the draft SEIS, using project-specific information. For 
example, the Endangered Species Act of 1973 (ESA) requires every 
Federal agency to consult with the ``Service'' \25\ and document its 
consideration of the impacts of its actions on threatened and 
endangered species and critical habitats. The NRC typically conducts 
this ESA analysis in parallel with its NEPA process.
---------------------------------------------------------------------------

    \25\ Depending on the species impacted, the agency will consult 
with either the U.S. Fish & Wildlife Service (U.S. Department of the 
Interior) or the National Marine Fisheries Service (U.S. Department 
of Commerce), as provided in the Services' joint regulations at 50 
CFR part 402, ``Interagency Cooperation--Endangered Species Act of 
1973, as Amended.''
---------------------------------------------------------------------------

    Finally, for two environmental issues, the NR GEIS identifies the 
category as N/A. The two issues concern the potential exposure to EMFs 
from construction and operation. Studies of 60 Hertz (Hz) EMFs have not 
uncovered consistent evidence linking harmful effects with field 
exposures. Because the state of the science is currently inadequate, no 
generic conclusion on human health impacts is possible. If, in the 
future, the Commission finds that a general agreement has been reached 
by appropriate Federal health agencies that there are adverse health 
effects from EMFs regarding these two issues, the Commission will then 
treat the issue in a manner similar to a Category 2 issue and require 
applicants to submit

[[Page 80804]]

project-specific reviews of these health effects in their environmental 
report. Until such time, applicants are not required to submit 
information on these issues.

D. Generic Environmental Impact Statement

    The purpose of the NR GEIS is to present impact analyses for the 
environmental issues common to many new nuclear reactors that can be 
addressed generically, thereby eliminating the need to repeatedly 
reproduce the same analyses each time a licensing application is 
submitted and allowing applicants and NRC staff to focus future 
environmental review efforts on issues that can only be resolved once a 
site is identified. The NR GEIS is intended to improve the efficiency 
of licensing new nuclear reactors by: (1) identifying the types of 
potential environmental impacts of constructing, operating, and 
decommissioning a new nuclear reactor, (2) assessing impacts that are 
expected to be generic (the same or similar) for many new nuclear 
reactors (Category 1 issues), and (3) defining the environmental issues 
that will need to be addressed in project-specific SEISs (Category 2 
issues). The NRC staff has preliminarily concluded in the draft NR GEIS 
that the potential environmental impacts will be beneficial or of a 
SMALL adverse significance level for Category 1 issues.
    In the NR GEIS, the NRC staff evaluated the impacts of 
constructing, operating, and decommissioning a new nuclear reactor 
sited within the United States that meets or is bounded by the values 
and assumptions in the PPE and SPE for each Category 1 issue. The term 
``building,'' as used in the NR GEIS, includes the full range of 
preconstruction activities (e.g., site grading) and NRC-authorized 
``construction'' activities.\26\ Further, for purposes of the NR GEIS, 
the NRC staff assumed that the U.S. Army Corps of Engineers would be a 
cooperating agency, in accordance with the memorandum of understanding 
(MOU) between the two agencies dated September 12, 2008.\27\ In this 
regard, the U.S. Army Corps of Engineers has been a cooperating agency 
since the MOU was signed in 2008. In addition, the NR GEIS considered 
fuel cycle impacts and the impacts from continued storage of spent 
fuel, including incorporating by reference the NRC's NUREG-2157, as 
further described below.
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    \26\ The NRC has regulatory authority over those construction 
activities that are related to radiological health and safety, 
physical security, or otherwise pertain to radiological controls. 
The NRC defines these activities as ``construction'' in Sec.  51.4, 
``Definitions.'' As stated in Sec.  51.45(c) preconstruction is 
defined as those activities listed in Sec.  51.4(1)(ii).
    \27\ The MOU between the NRC and the U.S. Army Corps of 
Engineers, dated September 12, 2008, is available in ADAMS under the 
accession number ML082540354.
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    Because there may be multiple new nuclear reactor designs and a new 
nuclear reactor could be sited anywhere in the United States that meets 
the NRC siting requirements in 10 CFR part 100, ``Reactor Site 
Criteria,'' the NRC applied a technology-neutral, performance-based 
approach using a PPE. The PPE consists of parameters for specific 
reactor design features regardless of the site. Examples of parameters 
include the permanent footprint of disturbance, building height, water 
use, air emissions, employment levels, and noise generation levels. For 
each PPE parameter, the NRC staff developed a set of bounding values 
and assumptions that if met, and absent any new and significant 
information, would demonstrate that the potential environmental impacts 
for that PPE parameter would be SMALL.
    In addition, the NRC staff developed a set of site-related 
parameters termed the SPE. Examples of parameters include site size, 
size of water bodies supplying water to the reactor, and demographics 
of the region surrounding the site. For each SPE parameter, the NRC 
staff developed a set of bounding values and assumptions related to the 
condition of the affected environment, such as the extent and 
occurrence of nearby bodies of water, wetlands and floodplains, and 
proximity to sensitive noise receptors. Similar to a PPE parameter, if 
an applicant can demonstrate that the proposed reactor site meets the 
SPE parameter's bounding values and assumptions, and absent any new and 
significant information, then the potential environmental impacts for 
that SPE parameter would be SMALL. Under this proposed rule, a proposed 
reactor site would be determined to meet a given Category 1 issue if 
the applicant has demonstrated that it has met the bounding values and 
assumptions of each PPE and SPE parameter relevant to that Category 1 
issue and that there is no new and significant information.
    The PPE and SPE values and assumptions in the NR GEIS were 
developed by an interdisciplinary team of subject matter experts (SMEs) 
assigned to prepare the NR GEIS. The SMEs developed the values and 
assumptions based on one or more criteria, as described in the NR GEIS.
    The NR GEIS identifies specific types of potential environmental 
impacts for 16 environmental resource areas: land use, visual 
resources, meteorology and air quality, water resources (surface and 
groundwater), terrestrial ecology, aquatic ecology, historic and 
cultural resources, environmental hazards (radiological and 
nonradiological), noise, waste management (radiological and 
nonradiological), postulated accidents, socioeconomics, environmental 
justice, fuel cycle, transportation of fuel and waste, and 
decommissioning. Each resource area includes one or more types of 
potential impacts, and each type of potential impact is termed an 
issue. In addition to the 16 environmental resource areas, the NRC 
staff considered climate change, cumulative impacts, purpose and need, 
need for power, site alternatives, energy alternatives, and system 
design alternatives. Each of the 122 issues that were identified 
corresponds to a specific type of environmental impact determined by 
the interdisciplinary team of SMEs that could potentially result from 
construction, operation, or decommissioning of a new nuclear reactor. 
For each issue, the SMEs then determined whether it would be possible 
to identify values and assumptions in the PPE and SPE that could 
effectively bound a meaningful generic analysis and provided the basis 
for each value and assumption. The SMEs then performed and described 
their generic analyses for each issue, for a hypothetical reactor/site 
that meets the PPE and SPE values and assumptions in the NR GEIS. The 
values and assumptions were set such that the SMEs could reach a 
generic conclusion of SMALL adverse impacts, and the issue was then 
designated as a Category 1 issue. Issues for which the potential 
impacts are beneficial were also designated as Category 1. Issues for 
which the NRC staff could not reach a generic conclusion regarding 
impacts were designated as Category 2 issues. In addition, two issues 
were placed in the category of N/A because the state of the science is 
currently inadequate, and no generic conclusion on human health impacts 
is possible.
    An applicant addressing a Category 1 issue in its environmental 
report may refer to the generic analysis in the NR GEIS for that issue 
and rely upon the generic finding of a SMALL significance level, 
without further analysis, provided that it demonstrates that the 
relevant values and assumptions of the PPE and SPE used in the resource 
analysis are met and there is no new and significant information that 
would require project-specific analysis. The applicant will

[[Page 80805]]

have to document how the proposed reactor facility and the proposed 
site meet or are bounded by the applicable values and assumptions for 
that Category 1 issue and describe the process it used to determine 
whether there is any new and significant information that may change 
that Category 1 issue's generic analysis or finding. The extent of the 
information necessary to demonstrate that the applicant's project meets 
or is bounded by a given value or assumption will vary. In some cases, 
the demonstration may only require showing that the project falls 
within a parameter value or assumption (e.g., building height). But in 
other cases, analysis may be required to demonstrate that a value or 
assumption has been met (e.g., noise levels).
    In its environmental report, the applicant would have to supply the 
requisite information necessary for the NRC staff to perform a project-
specific analysis for (1) Category 1 issues for which the relevant 
values and assumptions are not met, or for which new and significant 
information was identified, and (2) all Category 2 issues. Guidance for 
applicants providing information to the NRC staff in an environmental 
report is available in RG 4.2, ``Preparation of Environmental Reports 
for Nuclear Power Stations.'' If a project-specific analysis is 
required for a Category 1 issue, the applicant may be able to 
incorporate by reference all or part of the generic analysis provided 
in the NR GEIS as a part of its analysis and focus on providing any 
additional project-specific information needed to support its 
conclusion.
    After the applicant submits its environmental report, the NRC staff 
will prepare the draft SEIS, and following the public comment period, 
the final SEIS. When considering a Category 1 issue in a SEIS, the NRC 
staff will likewise refer to the generic analysis in the NR GEIS for 
that issue without further analysis, provided that the relevant values 
and assumptions in the PPE and SPE are met and there is no new and 
significant information that changes the generic finding for that 
Category 1 issue. The NRC staff also will document that the applicant 
has demonstrated that the values and assumptions are met for that 
issue. The NRC staff will complete a project-specific analysis in 
accordance with the latest version of the Environmental Standard Review 
Plan or related guidance (such as any relevant interim staff guidance) 
for (1) Category 1 issues for which the relevant values and assumptions 
are not met, or for which new and significant information was 
identified, and (2) all Category 2 issues. If a project-specific 
analysis is required for a Category 1 issue, the NRC staff may be able 
to incorporate by reference all or part of the generic analysis 
provided in the NR GEIS as a part of its analysis and focus on 
providing any additional project-specific information needed to support 
its conclusion.

E. Summary of Issues Analyzed in the NR GEIS

    The following describes those environmental issues that were 
examined for the NR GEIS and summarizes the conclusions by resource 
area. The determination that an applicant can rely on the finding for a 
Category 1 issue assumes that the applicant can demonstrate that its 
proposed reactor facility and the proposed site meet or is bounded by 
all the respective values and assumptions of that Category 1 issue, and 
further, that there is no new and significant information related to 
that issue.
1. Land Use
    The NRC staff evaluated the potential impacts to onsite and offsite 
land use for both construction and operation. In addition, the NRC 
staff considered the impacts of the project in accordance with the 
Coastal Zone Management Act and the Farmland Protection Policy Act, if 
applicable. The NRC staff concluded that all identified issues can be 
classified as Category 1 issues.
2. Visual Resources
    The NRC staff evaluated the potential visual impacts in the site 
and vicinity and along the transmission lines for both the construction 
and operation. The NRC staff concluded that all identified issues can 
be classified as Category 1 issues.
3. Meteorology and Air Quality
    The NRC staff evaluated the potential air quality impacts from the 
emissions of criteria pollutants, dust and hazardous pollutants, and 
greenhouse gas emissions for both construction and operation. In 
addition, the NRC staff considered the potential operations-related air 
quality impacts from cooling-system emissions and the emission of ozone 
and nitrogen oxides during transmission line operations. The NRC staff 
concluded that all identified issues can be classified as Category 1 
issues.
4. Water Resources
    The NRC staff evaluated the potential impacts to water use and 
water quality for both surface water and groundwater for both 
construction and operation. The NRC staff concluded that all identified 
issues can be classified as Category 1 issues, with one exception. The 
NRC staff determined that surface water quality degradation due to 
chemical and thermal discharges could not be resolved generically 
because there was no practical way to develop a comprehensive bounding 
set of water quality criteria, including both thermal and chemical 
criteria, for the PPE and SPE. Therefore, this issue is a Category 2 
issue, and thus requires a project-specific evaluation.
5. Terrestrial Ecology
    The NRC staff evaluated the potential impacts to terrestrial 
wildlife, habitats, and wetlands for both construction and operation. 
The NRC staff concluded that all identified issues can be classified as 
Category 1 issues, with two exceptions. The NRC staff determined that 
the potential impacts to wildlife regulated under the ESA could not be 
generically resolved for either construction or operations because the 
NRC staff would need to consult individually with the U.S. Fish and 
Wildlife Service under ESA Section 7 regarding the potential effects of 
each specific licensing action. Therefore, these issues are Category 2 
issues, and thus require a project-specific evaluation.
6. Aquatic Ecology
    The NRC staff evaluated the potential impacts to aquatic wildlife 
and habitats for both construction and operation. The NRC staff 
concluded that all identified issues can be classified as Category 1 
issues, with four exceptions. The NRC staff determined that the 
potential impacts to resources regulated under the ESA and the 
Magnuson-Stevens Fishery Conservation and Management Act could not be 
generically resolved for either construction or operations because the 
NRC staff would need to consult individually with the U.S. Fish and 
Wildlife Service and/or the National Marine Fisheries Service under ESA 
Section 7 and the Magnuson-Stevens Act regarding the potential effects 
of each specific licensing action. In addition, the NRC staff 
determined that potential thermal impacts on aquatic biota and other 
potential effects of cooling-water discharges on aquatic biota could 
not be resolved generically. For both of these issues, the NRC staff 
would have to first review the discharge plume analysis and the aquatic 
biota potentially present before being able to reach a conclusion 
regarding the possible significance of impacts on the biota. Therefore, 
these four issues are Category 2 issues, and thus require project-
specific evaluations.

[[Page 80806]]

7. Historic and Cultural Resources
    Both construction and operation of a new nuclear reactor have the 
potential to affect historic and cultural resources. The NRC staff 
would need to complete a project-specific consultation in accordance 
with Section 106 of the National Historic Preservation Act as part of 
its environmental review. Therefore, these two issues are Category 2 
issues, and thus require project-specific evaluations.
8. Environmental Hazards
    This resource area encompasses both radiological impacts and 
nonradiological impacts. The NRC staff evaluated the potential impacts 
of environmental hazards for both construction and operation. The NRC 
staff concluded that all identified issues can be classified as 
Category 1 issues, with two exceptions. These two issues are the human 
health impacts of EMFs for both construction and operation. The NRC 
staff determined that because the state of the science regarding the 
human health impacts of EMFs is currently inadequate, no generic 
conclusion on those impacts is possible, and has classified these 
issues as N/A. If, in the future, the Commission finds that a general 
agreement has been reached by appropriate Federal health agencies that 
there are adverse health effects from EMFs, the Commission will require 
applicants to submit plant-specific reviews of these health effects as 
part of their application. Until such time, applicants are not required 
to submit information on this issue.
9. Noise
    The NRC staff evaluated the potential impacts of noise for both 
construction and operation. The NRC staff concluded that all identified 
issues can be classified as Category 1 issues.
10. Waste Management
    This resource area encompasses the potential impacts of both 
radiological waste management and nonradiological waste management. The 
NRC staff evaluated the potential operational impacts of radiological 
waste management. In addition, the NRC staff evaluated the potential 
impacts of nonradiological waste management for both construction and 
operation. The NRC staff concluded that all identified issues can be 
classified as Category 1 issues.
11. Postulated Accidents
    The NRC staff evaluated the potential operational impacts of 
postulated accidents (because these impacts occur only during 
operations). The NRC staff concluded that all identified issues can be 
classified as Category 1 issues, with one exception. The NRC staff 
determined that severe accidents are a Category 2 issue. Based on the 
analysis in the preliminary or final safety analysis report regarding 
severe accidents and probabilistic risk assessments, if a new nuclear 
reactor design has severe accident progressions that involve 
radiological or hazardous chemical releases, then a project-specific 
environmental risk evaluation must be performed.
12. Socioeconomics
    The NRC staff evaluated the potential impacts of socioeconomics for 
both construction and operation. The NRC staff concluded that these two 
issues can be classified as Category 1 issues.
13. Environmental Justice
    Both construction and operation may raise environmental justice 
issues. The NRC staff has determined that potential environmental 
justice impacts during construction or operations cannot be determined 
without the consideration of meaningful project-specific factors, and 
therefore, are Category 2 issues. Project-specific factors include the 
presence, geographic location, and size of specific minority or low-
income populations; impact pathways derived from the plant design, 
layout, or site characteristics; or other community characteristics 
affecting specific minorities or low-income populations.
14. Fuel Cycle
    The NRC staff evaluated the potential operational impacts of the 
fuel cycle (because these impacts do not occur during construction). 
The NRC staff concluded that all identified issues can be classified as 
Category 1 issues. However, because the values and assumptions do not 
encompass the potential fuel fabrication impacts for metal fuel and 
liquid-fueled molten salt, such fuels would require a project-specific 
analysis.
    The NR GEIS incorporates by reference NUREG-2157, in which the NRC 
evaluated the environmental impacts of the continued storage of spent 
nuclear fuel beyond the licensed life for the operation of light-water 
reactors (LWRs). In Sec.  51.23, the NRC specifies that NUREG-2157 is 
deemed to be incorporated into the EIS for a new reactor. However, 
NUREG-2157 did not evaluate the storage of spent nuclear fuel from non-
LWRs. The NRC staff expects that many new nuclear reactors will not be 
LWRs. The NR GEIS therefore evaluates the applicability of NUREG-2157 
and determines that the findings in NUREG-2157 are applicable to non-
LWR fuel, provided that the non-LWR fuel is stored in a manner that 
meets the regulatory requirements for spent fuel storage cask approval 
and fabrication in accordance with subpart L, ``Approval of Spent Fuel 
Storage Casks,'' to 10 CFR part 72.
15. Transportation
    The NRC staff evaluated the potential operational impacts of the 
transportation of fuel and waste to and from new nuclear reactors 
(because these impacts occur only during operations). The NRC staff 
concluded that all identified issues can be classified as Category 1 
issues.
16. Decommissioning
    The NRC staff previously evaluated the environmental impacts of the 
decommissioning of nuclear power reactors as residual radioactivity at 
the site is reduced to levels that allow for termination of the NRC 
license. This evaluation was documented in the ``Generic Environmental 
Impact Statement on Decommissioning of Nuclear Facilities'' 
(Decommissioning GEIS, NUREG-0586, Supplement 1). The NRC staff 
evaluated NUREG-0586, Supplement 1, and determined that its conclusions 
and analysis are applicable to new reactors in the NR GEIS. Therefore, 
for the purposes of the NR GEIS, the environmental impacts of 
decommissioning for certain resource areas that were generically 
addressed in NUREG-0586, would be limited to operational areas, would 
not be detectable or destabilizing, and are expected to have a 
negligible effect on the impacts of terminating operations and 
decommissioning.
    The issues for which these generic findings were made in the 
Decommissioning GEIS are designated as a Category 1 issue in the NR 
GEIS. However, certain issues in NUREG-0586, Supplement 1 were 
determined to require project-specific analysis and certain others to 
require project-specific analysis under certain conditions. These 
issues are therefore designated as Category 2 issues in the NR GEIS. 
NUREG-0586, Supplement 1, is incorporated into the NR GEIS.
17. Issues Applying Across Resources
    The NRC staff determined that the impacts related to climate change 
and the consideration of cumulative impacts could not be evaluated 
generically. As such, both of these issues have been classified as 
Category 2 issues and thus require a project-specific evaluation.

[[Page 80807]]

18. Non-Resource Related Category 2 Issues
    The NR GEIS addresses the environmental impact issues associated 
with constructing, operating, and decommissioning a new nuclear 
reactor. However, the environmental report and the NRC staff's SEIS 
must also include other information, as required by the regulations and 
discussed in regulatory guidance. These are not resource-specific 
issues. Rather, they are project-specific issues, not tied to any 
specific environmental resource, that are necessary to support the NRC 
staff's completion of its environmental review in accordance with NEPA. 
These issues cannot be evaluated generically and must be addressed in 
the environmental report and SEIS using project-specific information. 
In the NR GEIS, the NRC staff identified the following issues: purpose 
and need, need for power, site alternatives, energy alternatives, and 
system design alternatives. This list is not all-inclusive. NRC 
regulations at 10 CFR part 51 and guidance such as RG 4.2 describe 
information not included in this list that must be included as part of 
an application.

F. Public Comments on Notice of Exploratory Process and Notice of 
Intent To Prepare a Generic Environmental Impact Statement

    On November 15, 2019 (84 FR 62559), the NRC published in the 
Federal Register, ``Agency Action Regarding the Exploratory Process for 
the Development of an Advanced Nuclear Reactor Generic Environmental 
Impact Statement,'' announcing an exploratory process and soliciting 
comments to determine the possibility of developing a GEIS for 
licensing advanced nuclear reactors. The exploratory process included 
two public meetings, a public workshop attended by multiple 
stakeholders, and a site visit to the Idaho National Laboratory, a 
location that is being contemplated for construction and operation of 
advanced nuclear reactors.
    Advice and recommendations on the possibility of preparing an 
advanced nuclear reactor GEIS were invited from all interested persons. 
Comments were specifically requested on the whether the scope of the 
GEIS should include reactors regardless of technology or be limited to 
specific reactor technologies, what reactor sizes (footprint) and power 
levels should be included in the scope of the GEIS, whether the 
geographical site of a reactor should be considered in developing the 
scope of the GEIS, and whether a set of bounding plant parameters 
should be consider in developing the scope of the GEIS, and if so, what 
parameters should be considered.
    The NRC received comments that both supported and opposed the 
development of an advanced nuclear reactor GEIS. Commenters who 
supported development of an advanced nuclear reactor GEIS stated that 
it would improve the efficiency of the environmental review process, 
would avoid duplication of effort, and would focus future reviews on 
important environmental issues. Commenters who did not support 
development of an advanced nuclear reactor GEIS stated that the GEIS 
would be premature at this time and that the NRC staff did not have 
sufficient information available to resolve issues generically. Based 
on the results of the exploratory process, the NRC staff concluded that 
there was sufficient information to complete an advanced nuclear 
reactor GEIS which would generically resolve many environmental issues, 
save resources for individual reviews, and provide predictability for 
potential applicants in developing their applications. The results of 
the exploratory process were summarized in SECY-20-0020, ``Results of 
Exploratory Process for Developing a Generic Environmental Impact 
Statement for the Construction and Operation of Advanced Nuclear 
Reactors,'' issued on February 28, 2020.
    On April 30, 2020 (85 FR 24040), the NRC published in the Federal 
Register, ``Notice To Conduct Scoping and Prepare an Advanced Nuclear 
Reactor Generic Environmental Impact Statement.'' Advice and 
recommendations on the scope of the GEIS were invited from all 
interested persons.
    Comments were requested regarding the parameters that the NRC 
should use to bound the advanced nuclear reactors in the PPE (including 
power level and size of the site) and the parameters that should be 
used to bound the affected environment in the SPE. In addition, 
comments were requested on resources or issues that could be resolved 
generically and ones that could not.
    The NRC received comments concerning the NEPA process, the PPE and 
SPE, hydrology, socioeconomics, environmental justice, historic and 
cultural resources, climate change, radiological health, uranium fuel 
cycle, accidents, transportation of spent fuel, and need for power. The 
NRC also received general comments in support of and opposition to the 
advanced nuclear reactor GEIS, and comments concerning issues outside 
the scope of the GEIS. A summary of comments and the NRC staff response 
are available in the scoping summary report issued on September 25, 
2020, which is available as indicated in the ``Availability of 
Documents'' section of this document.

G. Clarifying Amendment for Postoperating Licenses

    The NRC is proposing to add to Sec. Sec.  51.53(d) a cross-
reference to the license termination provisions under Sec.  52.110, 
``Termination of license.'' This change will clarify in Sec.  51.53(d) 
that NRC's requirements at 10 CFR part 52 also include license 
termination provisions.

IV. Specific Requests for Comment

    The NRC is seeking public comment on this proposed rule, the NR 
GEIS, draft regulatory guide (DG), DG-4032, ``Preparation of 
Environmental Reports for Nuclear Power Stations,'' and draft Interim 
Staff Guidance COL-ISG-030, ``Environmental Considerations Associated 
with New Nuclear Reactor Applications that Reference the Generic 
Environmental Impact Statement (NUREG-2249).'' In addition, the NRC 
staff developed two draft documents referenced in DG-4032, the ``Energy 
and System Design Mitigation Alternatives White Paper'' (``White 
Paper'') and ``Recommendations for an Applicant to Calculate Activity 
Data for Greenhouse Gases Estimates'' (``GHG Estimates''). These 
documents are references to DG-4032 and, therefore, are open to review 
and comment from the public. The DG-4032, COL ISG-030, the White Paper, 
and the GHG Estimates document are described in Section XIV, 
``Availability of Guidance,'' of this document.
    Further, the NRC staff is particularly interested in comments and 
supporting rationale from the public on the following:
    1. Plant parameter envelope and site parameter envelope values and 
assumptions: If a commenter believes the NRC staff is using an 
inappropriate value to result in a SMALL impact (either too 
restrictive, or not restrictive enough), explain the basis for that 
position and provide an alternative proposed parameter value.
    2. Environmental issues evaluated: Are there any environmental 
issues that the NRC staff did not include in the scope of the NR GEIS 
and the proposed rule that should be included? Commenters should 
provide the basis for considering any proposed environmental issues.
    3. Categorization of issues: Are the environmental issues 
categorized appropriately? In other words, are there Category 1 issues 
that should be Category 2, or Category 2 issues that

[[Page 80808]]

should be Category 1? Provide a basis for such conclusions.
    4. Scope of proposed rule changes and GEIS: Is the applicability of 
the GEIS to new reactors (which includes advanced nuclear reactors) 
clearly articulated? Do the proposed revisions adequately address all 
licensing scenarios associated with evaluating the environmental 
impacts of permitting and licensing new nuclear reactor construction 
and operation? For example, no changes are proposed to Sec.  51.53(b), 
``Post-construction environmental report-operating license stage,'' 
because this provision already references the requirements of Sec.  
51.50, ``Environmental report--construction permit, early site permit, 
or combined license stage,'' which is modified by the proposed rule. 
Commenters should clearly specify any proposed regulatory text 
additions or changes and provide the basis for such proposed changes.
    5. Guidance for applicants: Are the methods described in the draft 
revision to RG 4.2 for demonstrating values and assumptions 
appropriate? Describe and justify any methods that the commenter 
believes are not appropriate.
    6. Limited Work Authorizations: Should the NRC expand the NR GEIS 
and the rule to include NRC approval of limited work authorizations 
(LWAs) \28\ for new nuclear reactor applications? Specifically, should 
an LWA applicant that demonstrates that its proposed project meets or 
is bounded by the PPE and SPE values and assumptions for a given 
Category 1 issue be able to rely on the generic findings for that issue 
in preparing the environmental report that it will submit in support of 
its LWA application? Similarly, should the NRC be able to rely on the 
generic findings for that Category 1 issue in preparing its 
supplemental environmental impact statement? If the NRC were to expand 
the NR GEIS and the rule to include NRC approval of LWAs, the expansion 
would cover both LWAs submitted as a stand-alone application and an LWA 
request submitted in conjunction with an application for another form 
of NRC approval described in the NR GEIS and in the proposed rule 
(e.g., a construction permit application).
---------------------------------------------------------------------------

    \28\ A LWA permits a nuclear power plant applicant to engage in 
certain reactor construction activities before the NRC issues a 10 
CFR part 50 construction permit or a 10 CFR part 52 combined 
license. The applicable NRC regulations for LWAs include Sec. Sec.  
50.10, ``License required; limited work authorization;'' 52.1(a); 
52.17(c); 52.24, ``Issuance of early site permit;'' 52.27, ``Limited 
work authorization after issuance of early site permit;'' 52.80, 
``Contents of applications; additional technical information;'' and 
52.91, ``Authorization to conduct limited work authorization 
activities.'' The NRC last amended its LWA regulations in 2007 (72 
FR 57416; October 9, 2007).
---------------------------------------------------------------------------

V. Section-by-Section Analysis

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

Section 51.50, Environmental Report--Construction Permit, Early Site 
Permit, or Combined License Stage

    The NRC proposes to amend paragraph (a) by adding a new second 
sentence regarding the requirement for non-LWR applicants to address 
fuel cycle impacts, making this paragraph consistent with the existing 
language in paragraphs (b) and (c).
    The NRC proposes to add a new paragraph (d) to permit the use of 
the NR GEIS for an application for a construction permit, early site 
permit, or combined license for a new nuclear reactor.

Section 51.53, Postconstruction Environmental Reports

    The NRC proposes to amend the first sentence of paragraph (d) by 
adding ``Sec.  52.110'' to reflect that 10 CFR part 52 also includes 
license termination provisions.

Section 51.75, Draft Environmental Impact Statement--Construction 
Permit, Early Site Permit, or Combined License

    The NRC proposes to add a new paragraph (d) to provide direction on 
the preparation of a draft supplemental environmental impact statement 
for an application that makes use of the NR GEIS for a construction 
permit, early site permit, or combined license for a new nuclear 
reactor.

Section 51.96, Final Supplemental Environmental Impact Statement 
Relying on Appendix C to Subpart A

    The NRC proposes to add a new section to provide direction on 
preparation of a final supplemental environmental impact statement for 
a new nuclear reactor application that relied on any of the findings in 
appendix C to subpart A of this part in preparing a draft supplemental 
environmental impact statement in accordance with Sec.  51.75(d).

Appendix C to Subpart A, Environmental Effect of Issuing a Permit or 
License for a New Nuclear Reactor

    The NRC proposes to add appendix C to add a table to codify the NR 
GEIS findings and to specify values and assumptions that need to be met 
by the applicant to incorporate Category 1 conclusions into the 
environmental report and identify the Category 2 and uncategorized 
issues that need to be evaluated on a project-specific basis. Proposed 
appendix C states that, on a 10-year cycle, the Commission intends to 
review the material in this appendix and update it if necessary.

VI. Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980 (RFA), as amended at 5 
U.S.C. 601 et seq., requires that agencies consider the impact of their 
rulemakings on small entities and, consistent with applicable statutes, 
consider alternatives to minimize these impacts on the businesses, 
organizations, and government jurisdictions to which they apply.
    In accordance with the Small Business Administration's regulation 
at 13 CFR 121.903(c), the NRC has developed its own size standards for 
performing an RFA analysis and has verified with the SBA Office of 
Advocacy that its size standards are appropriate for NRC analyses. The 
NRC size standards at 10 CFR 2.810, ``NRC size standards,'' are used to 
determine whether an applicant or licensee qualifies as a small entity 
in the NRC's regulatory programs. Section 2.810 defines the following 
types of small entities:
    small business is a for-profit concern and is a--(1) Concern that 
provides a service or a concern not engaged in manufacturing with 
average gross receipts of $8.0 million or less over its last 5 
completed fiscal years; or (2) Manufacturing concern with an average 
number of 500 or fewer employees based upon employment during each pay 
period for the preceding 12 calendar months.
    small organization is a not-for-profit organization which is 
independently owned and operated and has annual gross receipts of $8.0 
million or less.
    small governmental jurisdiction is a government of a city, county, 
town, township, village, school district, or special district with a 
population of less than 50,000.
    small educational institution is one that is--(1) Supported by a 
qualifying small governmental jurisdiction; or (2) Not state or 
publicly supported and has 500 or fewer employees.

Number of Small Entities Affected

    The NRC is currently aware of no known small entities as defined in 
Sec.  2.810 that are planning to apply for a new nuclear reactor 
construction permit or operating license under 10 CFR part 50 or an 
early site permit or combined license under 10 CFR part 52, which would 
be impacted by this proposed

[[Page 80809]]

rule. Based on this finding, the NRC has preliminarily determined that 
the proposed rule would not have a significant economic impact on a 
substantial number of small entities.

Economic Impact on Small Entities

    Depending on how the ownership and/or operating responsibilities 
for such an enterprise were structured, applicants for a new nuclear 
reactor rated 8 megawatts electric (MWe) or less could conceivably meet 
the definition of small entities as defined by Sec.  2.810. Owners that 
operate power reactors rated greater than 8 MWe could generate 
sufficient electricity revenue that exceeds the gross annual receipts 
limit of $7 million, assuming a 90 percent capacity factor and the 2023 
U.S. Department of Energy's Energy Information Administration U.S. 
average price of electricity to the ultimate customer for all sectors 
of 12.7 cents per kilowatt-hour. \29\
---------------------------------------------------------------------------

    \29\ https://www.eia.gov/electricity/monthly/epm_table_grapher.php?t=epmt_5_03.
---------------------------------------------------------------------------

    Although the NRC is not aware of any small entities that would be 
affected by the proposed rule, there is a possibility that future 
applications for a new nuclear reactor permit or license could be 
submitted by small entities who plan to own and operate a nuclear 
reactor rated 8 MWe or less. Nuclear reactors that are rated 8 MWe or 
less would most likely be used to support electrical demand for 
military bases, small remote towns, and process heat and would not 
directly compete with larger nuclear reactors that typically produce 
electricity for the grid. As a result of these differing purposes, the 
NRC would expect that small and large entities would not be in direct 
competition with each other.
    Regulations at Sec.  171.16(c) allow for certain NRC licensees to 
pay reduced annual fees if they qualify as small entities, although 
these regulations do not include licensees authorized to conduct 
activities under either 10 CFR part 50 or 10 CFR part 52. However, 
should a small entity apply for a nuclear reactor license or permit, 
the small entity could request a one-time fee exemption. In subsequent 
years, the NRC licensee could submit a new request for a fee exemption 
for each fiscal year for which it desires an exemption. Additionally, 
after the small entity receives an operating license under 10 CFR part 
50 or under part 52 and has completed power ascension testing, the 
small entity would be eligible for a reduced annual fee under Sec.  
171.15, ``Annual fees: Non-power production or utilization licenses, 
reactor licenses, and independent spent fuel storage licenses,'' based 
on the cumulative licensed thermal power rating of the reactor. The 
fiscal year 2023 annual fee for each large operating power reactor is 
$5,492,000.
    Therefore, the NRC preliminarily concludes that this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities.

Request for Comments

    The NRC is seeking comments on both its initial RFA analysis and on 
its preliminary conclusion that this proposed rule would not have a 
significant economic impact on a substantial number of small entities 
because of the likelihood that most expected applicants would not 
qualify as a small entity. Additionally, the NRC is seeking comments on 
its preliminary conclusion that if a small entity were to submit a new 
nuclear reactor application, the small entity would not incur a 
significant economic impact as it would most likely not be in 
competition with a large entity.
    Any small entity that could be subject to this regulation that 
determines, because of its size, it is likely to bear a 
disproportionate adverse economic impact should notify the Commission 
of this opinion in a comment that indicates--
    (1) The applicant's size and how the proposed regulation would 
impose a significant economic burden on the applicant as compared to 
the economic burden on a larger applicant;
    (2) How the proposed regulations could be modified to take into 
account the applicant's differing needs or capabilities;
    (3) The benefits that would accrue or the detriments that would be 
avoided if the proposed regulations were modified as suggested by the 
applicant;
    (4) How the proposed regulation, as modified, would more closely 
equalize the impact of NRC regulations or create more equal access to 
the benefits of Federal programs as opposed to providing special 
advantages to any individual or group; and
    (5) How the proposed regulation, as modified, would still 
adequately meet the NRC's obligations under NEPA.

VII. Regulatory Analysis

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

VIII. Backfitting and Issue Finality

    The proposed rule would codify in 10 CFR part 51 certain 
environmental issues identified in the NR GEIS. The proposed rule also 
revises 10 CFR part 51 to allow an applicant for a new nuclear reactor 
construction permit or operating license under 10 CFR part 50, or a new 
nuclear reactor early site permit or combined license under 10 CFR part 
52, to use the NR GEIS in preparing its environmental report. The 
proposed rule would require the NRC staff to prepare a project-specific 
draft SEIS and final SEIS for each application that references the NR 
GEIS. The NRC has determined that the backfitting rule in Sec.  50.109, 
``Backfitting,'' and the issue finality provisions in 10 CFR part 52 do 
not apply to this proposed rule because this amendment does not involve 
any provision that would either constitute backfitting as that term is 
defined in 10 CFR chapter I or affect the issue finality of any 
approval issued under 10 CFR part 52.
    The proposed rule would not constitute backfitting for applicants 
for construction permits or operating licenses under 10 CFR part 50 and 
would not affect the issue finality of applicants for early site 
permits or combined licenses under 10 CFR part 52. These applicants are 
not, with certain exceptions not applicable here, within the scope of 
the backfitting or issue finality provisions. The backfitting and issue 
finality regulations include language delineating when the backfitting 
and issue finality provisions begin; in general, they begin after the 
issuance of a license, permit, or other approval (e.g., Sec. Sec.  
50.109(a)(1)(iii) and 52.98(a)). Furthermore, neither the backfitting 
provisions nor the issue finality provisions, with certain exceptions 
not applicable here, are intended to apply to NRC actions that 
substantially change the expectations of current and future applicants. 
Applicants cannot reasonably expect that future requirements will not 
change.
    The exceptions to the general principle are applicable when an 
applicant references a 10 CFR part 52 approval (e.g., an early site 
permit or design certification rule) with specified issue finality 
provisions or a construction permit under 10 CFR part 50. However, this 
proposed rule would have no effect on a construction permit held by an 
applicant for a 10 CFR part

[[Page 80810]]

50 operating license or an early site permit referenced by an applicant 
for a 10 CFR part 52 combined license. Therefore, for purposes of this 
proposed rule, the exceptions to the general principle do not apply.

IX. Cumulative Effects of Regulation

    The NRC is following its cumulative effects of regulation (CER) 
process by engaging with external stakeholders throughout the 
rulemaking and related regulatory activities. Public involvement has 
included (1) the publication of a notice announcing an exploratory 
process and opportunity for comment to determine the possible utility 
of developing an advanced nuclear reactor GEIS on November 15, 2019 (84 
FR 62559); (2) public meetings on November 15 and November 20, 2019, 
and a workshop on January 8, 2020, to gather information for the 
exploratory process; (3) the publication of a notice of intent to 
conduct scoping and prepare an advanced nuclear reactor GEIS on April 
30, 2020 (85 FR 24040); (4) a public meeting on May 28, 2020, to 
receive comments on the scope of the GEIS; and (5) public meetings on 
October 1, 2020 and April 15, 2021, to share information about the 
NRC's progress on the development of the GEIS.
    The NRC is issuing draft guidance along with this proposed rule to 
support more informed external stakeholder understanding and feedback. 
The draft guidance is available as indicated in the ``Availability of 
Documents'' section of this document. Further, the NRC will continue to 
hold public meetings throughout the rulemaking process.
    In addition to the questions on the implementation of this proposed 
rule presented in the ``Specific Requests for Comments'' section of 
this document, the NRC is requesting CER feedback on the following 
questions:
    1. In light of any current or projected CER challenges, does the 
proposed rule's effective date, compliance date, or submittal date(s) 
provide sufficient time to implement the new proposed requirements, 
including changes to programs, procedures, and the facility? Provide a 
rationale for your answer.
    2. If CER challenges currently exist or are expected, what should 
be done to address them? For example, if more time is required for 
implementation of the new requirements, what period of time is 
sufficient?
    3. Do other (NRC or other agency) regulatory actions (e.g., orders, 
generic communications, license amendment requests, inspection findings 
of a generic nature) influence the implementation of this proposed 
rule's requirements? Provide a rationale for your answer.
    4. Are there unintended consequences? Does the proposed rule create 
conditions that would be contrary to this proposed rule's purpose and 
objectives? If so, what are the unintended consequences, and how should 
they be addressed?
    5. Please comment on the NRC's cost and benefit estimates in the 
draft regulatory analysis that supports the proposed rule. The draft 
regulatory analysis is available as indicated in the ``Availability of 
Documents'' section of this document.

X. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

XI. National Environmental Policy Act

    The NRC has determined that this proposed rule is the type of 
action described in Sec.  51.22(c)(3), an NRC categorical exclusion. 
Therefore, neither an environmental impact statement nor environmental 
assessment has been prepared for this proposed rule. This action is 
procedural in nature in that it pertains to the type of environmental 
information to be reviewed.

XII. Paperwork Reduction Act

    This proposed rule contains new or amended collections of 
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). This proposed rule has been submitted to the Office of 
Management and Budget for review and approval of the information 
collections.
    Type of submission: Revision.
    The title of the information collection: 10 CFR part 51, Generic 
Environmental Impact Statement for Licensing of New Nuclear Reactors.
    The form number if applicable: Not applicable.
    How often the collection is required or requested: On occasion.
    Who will be required or asked to respond: Applicants for new 
nuclear reactors.
    An estimate of the number of annual responses: 6.
    The estimated number of annual respondents: 6.
    An estimate of the total number of hours needed annually to comply 
with the information collection requirement or request: A burden 
reduction of 39,288 hours.
    Abstract: The NRC is proposing to amend the regulations that govern 
the NRC's environmental reviews of new nuclear reactor applications 
under NEPA. The NRC's regulations in Sec.  51.45, ``Environmental 
report,'' require each applicant to prepare and submit an environmental 
report which includes, among other things, a description of the 
proposed action, a statement of its purposes, a description of the 
environment affected, and a discussion of the environmental impacts of 
the proposed action and alternatives. The rulemaking would codify the 
generic findings of NUREG-2249, ``Generic Environmental Impact 
Statement for Licensing of New Nuclear Reactors'' (NR GEIS), which 
presents impact analyses for the environmental issues common to many 
new nuclear reactors that can be addressed generically, thereby 
eliminating the need to repeatedly reproduce the same analyses each 
time a licensing application is submitted. The proposed rule would 
reduce burden on an applicant because they would not be required to 
assess the environmental impacts of NR GEIS Category 1 issues if: (1) 
the applicant has demonstrated that it has met the bounding values and 
assumption of each PPE and SPE parameter relevant to that Category 1 
issue, and (2) the applicant has not identified any new and significant 
information that would change a conclusion related to a Category 1 
issue in the NR GEIS. If a value or assumption is not met, then the 
applicant may be able to limit its analysis to just the impact of not 
meeting the value or assumption. Similarly, if the applicant identifies 
new and significant information that would change a conclusion in the 
NR GEIS, then the applicant may be able to limit its analysis to just 
the impact of the new and significant information. To comply with NEPA, 
the NRC uses the information in the environmental report along other 
information to conduct an independent environmental evaluation.
    The NRC is seeking public comment on the potential impact of the 
information collection contained in this proposed rule and on the 
following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility? Please explain your response.
    2. Is the estimate of the burden of the proposed information 
collection accurate? Please explain your response.

[[Page 80811]]

    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected? Please explain your response.
    4. How can the burden of the proposed information collection on 
respondents be minimized, including the use of automated collection 
techniques or other forms of information technology?
    A copy of the Office of Management and Budget (OMB) clearance 
package and proposed rule are available in ADAMS as indicated in the 
``Availability of Documents'' section of this document or may be viewed 
free of charge by contacting the NRC's Public Document Room reference 
staff at 1-800-397-4209, at 301-415-4737, or by email to 
[email protected]. You may obtain information and comment 
submissions related to the OMB clearance package by searching on 
https://www.regulations.gov under Docket ID NRC-2020-0101.
    You may submit comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
above issues, by the following methods:
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0101.
     Mail comments to: FOIA, Library, and Information 
Collections Branch, Office of the Chief Information Officer, Mail Stop: 
T6-A10M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 
or by email to [email protected] or to the OMB reviewer at: 
OMB Office of Information and Regulatory Affairs (3150-0021), Attn: 
Desk Officer for the Nuclear Regulatory Commission, 725 17th Street NW, 
Washington, DC 20503.
    Submit comments by November 4, 2024. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date.

Public Protection Notification

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

XIII. Voluntary Consensus Standards

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

XIV. Availability of Guidance

    The NRC is issuing for comment two draft guidance documents, DG-
4032, ``Preparation of Environmental Reports for Nuclear Power 
Stations,'' and draft interim staff guidance (ISG) document COL-ISG-
030, ``Environmental Considerations Associated with New Nuclear Reactor 
Applications that Reference the Generic Environmental Impact Statement 
(NUREG-2249)--Interim Staff Guidance,'' to support the implementation 
of the requirements in this proposed rulemaking. The guidance documents 
are available as indicated in the ``Availability of Documents'' section 
of this document. You may submit comments on the draft regulatory 
guidance by the methods provided in the ADDRESSES section of this 
document.
    The DG-4032 has been prepared as a revision to RG 4.2, 
``Preparation of Environmental Reports for Nuclear Power Stations.'' 
The revision updates and re-titles Appendix C to the regulatory guide, 
which previously provided guidance specifically for small modular 
reactors and non-LWRs and makes conforming changes to the body of the 
regulatory guide. The revisions provide supplemental guidance for 
applicants to establish a uniform format and content acceptable to the 
NRC staff for structuring and presenting the environmental information 
to be compiled and submitted by an applicant for a new nuclear reactor 
permit or license that will rely on any of the findings in the NR GEIS. 
More specifically, the draft regulatory guide describes the content of 
environmental information to be included in an application for a permit 
or license for a new nuclear reactor, including the process for 
confirming the applicability of Category 1 issues, and criteria to 
address appropriate Category 1 and Category 2 issues, as specified in 
the proposed amendments to 10 CFR part 51. To assist the public in 
providing comments on DG-4032, the NRC has provided a redline/strikeout 
version that highlights substantial changes which can be accessed in 
ADAMS at Accession No. ML24176A229.
    In addition, the NRC is seeking comment on two draft documents 
referenced in DG-4032, the ``Energy and System Design Mitigation 
Alternatives White Paper'' (``White Paper'') and ``Recommendations for 
an Applicant to Calculate Activity Data for Greenhouse Gases 
Estimates'' (``GHG Estimates''). The draft White Paper describes the 
potential environmental impacts of various energy alternatives to the 
construction and operation of a new nuclear reactor, including energy 
alternatives both requiring and not requiring new generation capacity. 
The draft GHG Estimates document provides guidance to nuclear reactor 
applicants on estimating greenhouse gas emissions. The applicant could 
then rely upon the information provided in both the White Paper and the 
GHG Estimates documents, as appropriate, in preparing its environmental 
report that is submitted with its application. The draft White Paper 
and the draft GHG Estimates document can be accessed in ADAMS at 
Accession Nos. ML21225A754 and ML21225A768, respectively.
    The draft COL-ISG-030 supplements NUREG-1555, ``Environmental 
Standard Review Plans,'' and will be incorporated into a future update 
to the NUREG. The ISG provides guidance for the NRC staff when 
performing a 10 CFR part 51 environmental review of an application for 
a permit or license for a new nuclear reactor that relies on any of the 
findings in the NR GEIS. The plan parallels the revisions to RG 4.2. 
The primary purpose of the ISG is to ensure that these reviews are 
focused on the significant environmental concerns associated with new 
nuclear reactor permitting or licensing as described in 10 CFR part 51. 
Specifically, it provides guidance to the NRC staff about environmental 
issues that should be reviewed and provides acceptance criteria to help 
the reviewer evaluate the information submitted as part of the permit 
or license application. It is also the intent of this review plan to 
make information about the regulatory process available and to improve 
communication between the NRC, interested members of the public, and 
the nuclear industry, thereby increasing understanding of the review 
process.

XV. Public Meetings

    The NRC will conduct three public meetings on the proposed rule for 
the purpose of explaining the changes and answering questions from the 
attendees to facilitate the development of public comments.
    An in-person public meeting will be held on November 7, 2024, at 
NRC headquarters in Rockville, MD between 1 p.m. and 4 p.m. eastern 
time.
    In addition, the NRC will hold two virtual public meetings as 
online webinars. The online webinars will be conducted on November 13, 
2024, between 1 p.m. and 4 p.m. eastern time

[[Page 80812]]

and November 14, 2024, between 6 p.m. and 9 p.m. eastern time.
    Persons interested in attending the meetings should monitor the 
NRC's Public Meeting Schedule website at https://www.nrc.gov/pmns/mtg 
for additional information and agenda for the meetings. Please contact 
Stacey Imboden, 301-415-2462, [email protected], no later than 
October 31, 2024, if accommodations or special equipment is needed to 
attend or to provide comments, so that the NRC can determine whether 
the request can be accommodated.

XVI. Availability of Documents

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

----------------------------------------------------------------------------------------------------------------
                          Document                              ADAMS accession No./Federal Register citation
----------------------------------------------------------------------------------------------------------------
                                  Draft Generic Environmental Impact Statement
----------------------------------------------------------------------------------------------------------------
Draft NUREG-2249, ``Generic Environmental Impact Statement   ML24176A220.
 for Licensing of New Nuclear Reactors,'' dated September
 2024.
----------------------------------------------------------------------------------------------------------------
                                            Draft Guidance Documents
----------------------------------------------------------------------------------------------------------------
Draft Regulatory Guide DG-4032, ``Preparation of             ML24176A228.
 Environmental Reports for Nuclear Power Stations,'' dated
 September 2024.
Draft Regulatory Guide DG-4032, ``Preparation of             ML24176A229.
 Environmental Reports for Nuclear Power Stations,''
 Redline/Strikeout Version to Support Public Comment, dated
 September 2024.
Energy and System Design Mitigation Alternatives White       ML21225A754.
 Paper Report, dated September 2024.
Recommendations for an Applicant to Calculate Activity Data  ML21225A768.
 for Greenhouse Gases Estimates White Paper, dated
 September 2024.
Draft Interim Staff Guidance, COL-ISG-030, ``Environmental   ML24176A231.
 Considerations for New Nuclear Reactor Applications that
 Reference the Generic Environmental Impact Statement
 (NUREG-2249),'' dated September 2024.
----------------------------------------------------------------------------------------------------------------
                                             Proposed Rule Documents
----------------------------------------------------------------------------------------------------------------
Draft Regulatory Analysis for the 10 CFR Part 51, Generic    ML24176A218.
 Environmental Impact Statement for Licensing of New
 Nuclear Reactors Proposed Rule, dated September 2024.
Draft Information Collection Clearance Package.............  ML21222A060.
----------------------------------------------------------------------------------------------------------------
                                                 Public Meetings
----------------------------------------------------------------------------------------------------------------
Summary of November 15 and 20, 2019, Public Meetings to      ML19337C862.
 Discuss Exploratory Process for Developing an Advanced
 Nuclear Reactor Generic Environmental Impact Statement,
 dated December 10, 2019.
Workshop to Discuss the Environmental Information Needed to  ML19347A733.
 Develop a Generic Environmental Impact Statement for
 Advanced Nuclear Reactors, dated December 13, 2019.
Summary of May 28, 2020, Advanced Reactor Generic            ML20161A339 (package).
 Environmental Scoping Meeting, dated June 2, 2020.
Summary of October 1, 2020, Advanced Reactor Stakeholder     ML20350B457.
 Public Meeting, dated December 22, 2020.
Summary of April 15, 2021, Advanced Reactor Stakeholder      ML21232A429.
 Public Meeting, dated August 24, 2021.
----------------------------------------------------------------------------------------------------------------
                                                Related Documents
----------------------------------------------------------------------------------------------------------------
Advanced Nuclear Reactor Generic Environmental Impact        ML20260H180 (package).
 Statement Scoping Process--Summary Report, dated September
 16, 2020.
Notice of Availability of Memorandum of Understanding        73 FR 55546.
 Between U.S. Army Corps of Engineers and U.S. Nuclear
 Regulatory Commission on Environmental Reviews Related to
 the Issuance of Authorizations to Construct and Operate
 Nuclear Power Plants, dated September 25, 2008.
NUREG-0586, ``Final Generic Environmental Impact Statement   ML023470327 (package).
 on Decommissioning of Nuclear Facilities,'' Supplement 1,
 Vol. 1, ``Regarding the Decommissioning of Nuclear Power
 Reactors,'' dated November 30, 2002.
NUREG-1437, ``Generic Environmental Impact Statement for     ML24087A133 (package).
 License Renewal of Nuclear Power Plants,'' Revision 2,
 dated August 2024.
NUREG-2157, ``Generic Environmental Impact Statement for     ML14198A440 (package).
 Continued Storage of Spent Nuclear Fuel,'' dated September
 30, 2014.
Agency Action Regarding the Exploratory Process for the      84 FR 62559.
 Development of an Advanced Nuclear Reactor Generic
 Environmental Impact Statement, dated November 15, 2019.
Notice to Conduct Scoping and Prepare an Advanced Nuclear    85 FR 24040.
 Reactor Generic Environmental Impact Statement, dated
 April 30, 2020.
SECY-20-0020, ``Results of Exploratory Process for           ML20052D175.
 Developing a Generic Environmental Impact Statement for
 the Construction and Operation of Advanced Nuclear
 Reactors,'' dated February 28, 2020.
SRM-SECY-20-0020, ``Results of Exploratory Process for       ML20265A112.
 Developing a Generic Environmental Impact Statement for
 the Construction and Operation of Advanced Nuclear
 Reactors,'' dated September 21, 2020.
SECY-21-0098, ``Proposed Rule: Advanced Nuclear Reactor      ML21222A044.
 Generic Environmental Impact Statement (RIN 3150-AK55; NRC-
 2020-0101),'' dated November 29, 2021.
Staff Requirements Memorandum (SRM)-SECY-21-0098,            ML24108A199.
 ``Proposed Rule: Advanced Nuclear Reactor Generic
 Environmental Impact Statement (RIN 3150-AK55; NRC-2020-
 0101),'' dated April 17, 2024.
----------------------------------------------------------------------------------------------------------------

    The NRC may post documents related to this rule, including public 
comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2020-0101. In addition, the 
Federal rulemaking website allows

[[Page 80813]]

members of the public to receive alerts when changes or additions occur 
in a docket folder. To subscribe: (1) navigate to the docket folder 
(NRC-2020-0101); (2) click the ``Subscribe'' link; and (3) enter an 
email address and click on the ``Subscribe'' link.

List of Subjects in 10 CFR Part 51

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

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

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

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

    Authority:  Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C. 
2201, 2243); Energy Reorganization Act of 1974, secs. 201, 202 (42 
U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42 
U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs. 
144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161, 
10168); 44 U.S.C. 3504 note. Sections 51.20, 51.30, 51.60, 51.80. 
and 51.97 also issued under Nuclear Waste Policy Act secs. 135, 141, 
148 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under 
Atomic Energy Act sec. 274 (42 U.S.C. 2021) and under Nuclear Waste 
Policy Act sec. 121 (42 U.S.C. 10141). Sections 51.43, 51.67, and 
51.109 also issued under Nuclear Waste Policy Act sec. 114(f) (42 
U.S.C. 10134(f)).

0
2. In Sec.  51.50, amend paragraph (a) by adding a new second sentence, 
and add paragraph (d) to read as follows:


Sec.  51.50  Environmental report--construction permit, early site 
permit, or combined license stage.

    (a) * * * For non-light-water reactors as defined in Sec.  50.2, 
the environmental report shall contain the basis for evaluating the 
contribution of the environmental effects of fuel cycle activities for 
the nuclear reactor. * * *
* * * * *
    (d) Application for a construction permit, early site permit, or 
combined license for a nuclear reactor. If an application is for a 
construction permit, an early site permit, or a combined license that 
does not reference an early site permit for a nuclear reactor, as 
defined in 10 CFR 50.2, and further, if the applicant chooses to rely 
upon the findings of one or more of the issues identified as Category 1 
issues in appendix C to subpart A of this part, then, in addition to 
the information and analyses required in paragraph (a), (b), or (c) of 
this section, as appropriate, the applicant's environmental report will 
be subject to the following conditions and considerations:
    (1) The environmental report must contain information to 
demonstrate that the values and assumptions in appendix C to subpart A 
of this part are met, and no new and significant information is 
identified in accordance with paragraph (d)(5) of this section, for 
each Category 1 issue for which the applicant relies on the finding for 
that issue.
    (2) The environmental report is not required to contain analyses of 
the environmental impacts of any issue identified as a Category 1 issue 
in appendix C to subpart A of this part, provided that the 
environmental report contains the information specified in paragraph 
(d)(1) of this section.
    (3) The environmental report must contain analyses of the 
environmental impacts of the proposed action, including the 
construction, operation, and decommissioning of the proposed nuclear 
reactor, for:
    (i) Any Category 1 issue for which the values and assumptions are 
not met or for which new and significant information is identified in 
accordance with paragraph (d)(5) of this section; and
    (ii) Each issue identified as a Category 2 issue in appendix C to 
subpart A of this part.
    (4) The environmental report must contain a consideration of 
alternatives for reducing adverse environmental impacts, as required by 
Sec.  51.45(c), for all issues identified as Category 1 issues in 
appendix C to subpart A of this part for which the environmental report 
does not contain the information specified in paragraph (d)(1) of this 
section, and for all issues identified as Category 2 issues in appendix 
C to subpart A of this part. No such consideration is required for 
Category 1 issues in appendix C to subpart A of this part that meet the 
applicable values and assumptions as specified in paragraph (d)(1) of 
this section.
    (5) The environmental report must contain any new and significant 
information of which the applicant is aware regarding the environmental 
impacts for all issues identified as Category 1 issues in appendix C to 
subpart A of this part for which the applicant relies on the findings 
for those issues.
    (6) The environmental report must contain a description of the 
process used to identify new and significant information regarding the 
issues identified as Category 1 issues in appendix C to subpart A of 
this part for which the applicant relies on the findings for those 
issues.


Sec.  51.53   [Amended]

0
3. In Sec.  51.53, amend paragraph (d) by removing the reference 
``Sec.  50.82 of this chapter'' and adding in its place the references 
``Sec. Sec.  50.82 and 52.110 of this chapter''.
0
4. In Sec.  51.75, add paragraph (d) to read as follows:


Sec.  51.75   Draft environmental impact statement--construction 
permit, early site permit, or combined license.

* * * * *
    (d) Construction permit, early site permit, or combined license for 
a nuclear reactor. If a draft environmental impact statement is being 
prepared in accordance with paragraph (a), (b), or (c) of this section, 
and if applicant's environmental report relied upon the findings of one 
or more of the issues identified as Category 1 issues in appendix C to 
subpart A of this part, the draft environmental impact statement must 
be prepared as a supplement to NUREG-2249, ``Generic Environmental 
Impact Statement for Licensing of New Nuclear Reactors'' (September 
2024), which is available in the NRC's Public Document Room, 11555 
Rockville Pike, Rockville, Maryland 20852. In addition, the NRC staff 
must comply with 40 CFR 1506.6(b)(3) in conducting the additional 
scoping process as required by Sec.  51.71(a). The draft supplemental 
environmental impact statement will incorporate the conclusions in 
NUREG-2249 for issues identified as Category 1 for which the applicant 
has demonstrated that the applicable values and assumptions have been 
met and for which neither the applicant nor the NRC identified any new 
and significant information. The draft supplemental environmental 
impact statement must contain an analysis for those issues identified 
as Category 1 for which the applicant could not demonstrate that the 
applicable values and assumptions were met or for which any new and 
significant information was identified by the applicant or the NRC, and 
for those issues identified as Category 2.
0
5. Add Sec.  51.96 to read as follows:


Sec.  51.96   Final supplemental environmental impact statement relying 
on a generic environmental impact statement for licensing new nuclear 
reactors.

    (a) In connection with a construction permit, an early site permit, 
or a

[[Page 80814]]

combined license that does not reference an early site permit for a 
nuclear reactor, as defined in 10 CFR 50.2, and for which the NRC staff 
relied on any of the findings in appendix C to subpart A of this part 
in preparing a draft supplemental environmental impact statement in 
accordance with Sec.  51.75(d), the NRC shall prepare a final 
supplemental environmental impact statement, which is a supplement to 
the Commission's NUREG-2249, ``Generic Environmental Impact Statement 
for Licensing of New Nuclear Reactors'' (September 2024), and available 
in the NRC's Public Document Room, 11555 Rockville Pike, Rockville, 
Maryland 20852.
    (b) The final supplemental environmental impact statement required 
by paragraph (a) of this section must contain the NRC staff's 
recommendation regarding the environmental acceptability of approving 
the construction permit, the early site permit, or the combined 
license. In order to make recommendations and reach a final decision on 
the proposed action, the NRC staff, adjudicatory officers, and 
Commission shall integrate:
    (1) The conclusions in NUREG-2249 for issues designated as Category 
1 for which the applicant has demonstrated that the applicable values 
and assumptions have been met and for which neither the applicant nor 
the NRC staff identified any new and significant information with
    (2) Information developed for those Category 1 issues for which the 
applicant could not demonstrate that the applicable values and 
assumptions were met and those Category 2 issues applicable to the 
plant under Sec.  51.50(d) and any new and significant information.
    (c) The final supplemental environmental impact statement required 
by paragraph (a) of this section shall address those issues as required 
by Sec.  51.91 and shall be distributed in accordance with Sec.  51.93.
    (d) In connection with a combined license that references an early 
site permit for which the NRC staff relied on any of the findings in 
appendix C to subpart A of this part in preparing the supplemental 
environmental impact statement for that early site permit, the NRC 
shall prepare a supplement to that final supplemental environmental 
impact statement. The supplement must meet the requirements of Sec.  
51.92(e) and shall be considered a supplement to NUREG-2249.
    (e) In connection with a combined license that references an early 
site permit for which the NRC staff relied on any of the findings in 
appendix C to subpart A of this part in preparing the draft 
supplemental environmental impact statement, the NRC staff shall 
prepare a supplement to the early site permit environmental impact 
statement. The supplement must be prepared in accordance with Sec.  
51.92(e) and shall be considered a supplement to NUREG-2249.
    (f) In connection with the issuance of an operating license for 
which the NRC staff relied on any of the findings in appendix C to 
subpart A of this part in preparing the supplemental environmental 
impact statement for the construction permit for that nuclear reactor, 
the NRC shall prepare a supplement to the final supplemental 
environmental impact statement. The supplement must meet the 
requirements of Sec.  51.95(b) and shall be considered a supplement to 
NUREG-2249.
0
6. Add appendix C to subpart A of part 51 to read as follows:

Appendix C to Subpart A of Part 51--Environmental Effect of Issuing a 
Permit or License for a New Nuclear Reactor

    The Commission has assessed the environmental impacts associated 
with authorizing the construction, operation, and decommissioning of 
a nuclear reactor. Table C-1 summarizes the Commission's generic 
findings on the scope and magnitude of environmental impacts of such 
an authorization as required by section 102(2) of the National 
Environmental Policy Act of 1969, as amended. Table C-1 presents the 
results of the generic analysis of those environmental impacts 
associated with building,\1\ operating, and decommissioning a 
nuclear reactor that the staff has designated as Category 1, as well 
as listing the issues that could not be resolved generically, 
designated as Category 2. The use of this table by applicants will 
be in accordance with Sec.  51.50(d), and the use by the staff will 
be in accordance with Sec. Sec.  51.75(d) and 51.96. On a 10-year 
cycle, the Commission intends to review the material in this 
appendix and update it if necessary. A scoping notice must be 
published in the Federal Register indicating the results of the 
NRC's review and inviting public comments and proposals for other 
areas that should be updated.
---------------------------------------------------------------------------

    \1\ The term ``building,'' as used in the NR GEIS, includes the 
full range of preconstruction (building activities not within the 
NRC's regulatory authority), and construction and installation 
activities (building activities within the NRC's regulatory 
authority).

Table C-1--Summary of Findings on Environmental Issues for Issuing a Permit or License for a New Nuclear Reactor
                                                       \1\
----------------------------------------------------------------------------------------------------------------
                                                                                   Plant parameter envelope/site
                 Issue                   Category            Finding \3\           parameter envelope values and
                                            \2\                                           assumptions \4\
----------------------------------------------------------------------------------------------------------------
                                                    Land Use
----------------------------------------------------------------------------------------------------------------
Construction:
    Onsite Land Use...................           1  SMALL.......................  The proposed project,
                                                                                   including any associated land
                                                                                   uses, complies with
                                                                                   applicable NRC siting
                                                                                   regulations such as 10 CFR
                                                                                   part 100. The site size is
                                                                                   100 ac (40.5 ha) or less. The
                                                                                   permanent footprint of
                                                                                   disturbance includes 30 ac
                                                                                   (12 ha) or less of vegetated
                                                                                   lands, and the temporary
                                                                                   footprint of disturbance
                                                                                   includes no more than an
                                                                                   additional 20 ac (8.1 ha) or
                                                                                   less of vegetated lands. The
                                                                                   proposed project complies
                                                                                   with the site's zoning and is
                                                                                   consistent with any relevant
                                                                                   land use plans or
                                                                                   comprehensive plans. The site
                                                                                   would not be situated closer
                                                                                   than 0.5 mi (0.8 km) to
                                                                                   existing residential areas or
                                                                                   1.0 mi (1.6 km) to sensitive
                                                                                   land uses such as Federal,
                                                                                   State, or local parks;
                                                                                   wildlife refuges;
                                                                                   conservation lands; Wild and
                                                                                   Scenic Rivers; or Natural
                                                                                   Heritage Rivers. The site
                                                                                   does not have a history of
                                                                                   past industrial use capable
                                                                                   of leaving a legacy of
                                                                                   contamination requiring
                                                                                   cleanup to protect human
                                                                                   health and the environment.
                                                                                   The total wetland loss from
                                                                                   use of the site, including
                                                                                   use of any offsite rights-of-
                                                                                   way (ROWs), would be no more
                                                                                   than 0.5 ac (0.2 ha). Best
                                                                                   management practices (BMPs)
                                                                                   for erosion, sediment
                                                                                   control, and stormwater
                                                                                   management would be used.
                                                                                   Compliance with any
                                                                                   mitigation measures
                                                                                   established through zoning
                                                                                   ordinances, local building
                                                                                   permits, site use permits, or
                                                                                   other land use
                                                                                   authorizations.

[[Page 80815]]

 
    Offsite Land Use..................           1  SMALL.......................  New offsite ROWs for
                                                                                   transmission lines,
                                                                                   pipelines, or access roads
                                                                                   would be no more than 100 ft
                                                                                   (30.5 m) in width and total
                                                                                   no more than 1 mi (1.6 km) in
                                                                                   length. No new offsite ROW
                                                                                   would be situated closer than
                                                                                   0.5 mi (0.8 km) to existing
                                                                                   residential areas or
                                                                                   sensitive land uses such as
                                                                                   Federal, State, or local
                                                                                   parks; wildlife refuges;
                                                                                   conservation lands; Wild and
                                                                                   Scenic Rivers; or Natural
                                                                                   Heritage Rivers. No existing
                                                                                   ROWs in residential areas
                                                                                   would be used or widened to
                                                                                   accommodate project features.
                                                                                   No ROW has a history of past
                                                                                   industrial use capable of
                                                                                   leaving a legacy of
                                                                                   contamination requiring
                                                                                   cleanup to protect human
                                                                                   health and the environment.
                                                                                   The total wetland loss from
                                                                                   use of the entire project,
                                                                                   including use of the site and
                                                                                   any offsite ROWs, would be no
                                                                                   more than 0.5 ac (0.2 ha).
                                                                                   BMPs for erosion, sediment
                                                                                   control, and stormwater
                                                                                   management would be used.
                                                                                   Compliance with any
                                                                                   mitigation measures
                                                                                   established through zoning
                                                                                   ordinances, local building
                                                                                   permits, site use permits, or
                                                                                   other land use
                                                                                   authorizations.
    Impacts to Prime and Unique                  1  SMALL.......................  The site size is 100 ac (40.5
     Farmland.                                                                     ha) or less. The site does
                                                                                   not contain any prime or
                                                                                   unique farmland or other
                                                                                   farmland of statewide or
                                                                                   local importance; or the site
                                                                                   does not abut any
                                                                                   agricultural land and is not
                                                                                   situated in a predominantly
                                                                                   agricultural landscape.
    Coastal Zone and Compliance with             1  SMALL.......................  The site is not situated in
     the Coastal Zone Management Act                                               any designated coastal zone,
     (16 U.S.C. 1451 et seq.).                                                     or the applicant can
                                                                                   demonstrate that the affected
                                                                                   state(s) have or will issue a
                                                                                   consistency determination or
                                                                                   other indication that the
                                                                                   project complies with the
                                                                                   Coastal Zone Management Act.
Operation:
    Onsite Land Use...................           1  SMALL.......................  The proposed project,
                                                                                   including any associated land
                                                                                   uses, complies with
                                                                                   applicable NRC siting
                                                                                   regulations such as 10 CFR
                                                                                   part 100. The site size is
                                                                                   100 ac (40.5 ha) or less. If
                                                                                   needed, cooling towers would
                                                                                   be mechanical draft, not
                                                                                   natural draft; less than 100
                                                                                   ft (30.5 m) in height; and
                                                                                   equipped with drift
                                                                                   eliminators. Any makeup water
                                                                                   for the cooling towers would
                                                                                   be fresh water (less than 1
                                                                                   ppt salinity). BMPs for
                                                                                   erosion, sediment control,
                                                                                   and stormwater management
                                                                                   would be used.
    Offsite Land Use..................           1  SMALL.......................  New offsite ROWs for
                                                                                   transmission lines,
                                                                                   pipelines, or access roads
                                                                                   would be no more than 100 ft
                                                                                   (30.5 m) in width and total
                                                                                   no more than 1 mi (1.6 km) in
                                                                                   length. BMPs for erosion,
                                                                                   sediment control, and
                                                                                   stormwater management would
                                                                                   be used (wherever land is
                                                                                   disturbed during the course
                                                                                   of ROW management).
----------------------------------------------------------------------------------------------------------------
                                                Visual Resources
----------------------------------------------------------------------------------------------------------------
Construction:
    Visual Impacts in Site and                   1  SMALL.......................  The site size is 100 ac (40.5
     Vicinity.                                                                     ha) or less. The site would
                                                                                   not be situated closer than
                                                                                   0.5 mi (0.8 km) to existing
                                                                                   residential areas or 1 mi
                                                                                   (1.6 km) to sensitive land
                                                                                   uses such as Federal, State,
                                                                                   or local parks; wildlife
                                                                                   refuges; conservation lands;
                                                                                   Wild and Scenic Rivers; or
                                                                                   Natural Heritage Rivers. The
                                                                                   maximum proposed building and
                                                                                   structure height is no more
                                                                                   than 50 ft (15.2 m), except
                                                                                   that the maximum height is
                                                                                   200 ft (61 m) for proposed
                                                                                   meteorological towers and 100
                                                                                   ft (30.5 m) for transmission
                                                                                   line poles/towers and
                                                                                   mechanical draft cooling
                                                                                   towers. The proposed project
                                                                                   structures would not be
                                                                                   visible from Federal or State
                                                                                   parks or wilderness areas
                                                                                   designated as Class 1 under
                                                                                   Section 162 of the Clean Air
                                                                                   Act (42 U.S.C. 7472); or as a
                                                                                   Wild and Scenic River, a
                                                                                   Natural Heritage River, or a
                                                                                   river of similar State
                                                                                   designation.
    Visual Impacts from Transmission             1  SMALL.......................  New offsite ROWs for
     Lines.                                                                        transmission lines,
                                                                                   pipelines, or access roads
                                                                                   would be no more than 100 ft
                                                                                   (30.5 m) in width and total
                                                                                   no more than 1 mi (1.6 km) in
                                                                                   length. No transmission line
                                                                                   structures (poles or towers)
                                                                                   would be over 100 ft (30.5 m)
                                                                                   in height. The new offsite
                                                                                   ROWs would not be situated
                                                                                   closer than 1 mi (1.6 km) to
                                                                                   existing residential areas or
                                                                                   sensitive land uses such as
                                                                                   Federal, State, or local
                                                                                   parks; wildlife refuges;
                                                                                   conservation lands; Wild and
                                                                                   Scenic Rivers; or Natural
                                                                                   Heritage Rivers. Any proposed
                                                                                   new structures on offsite
                                                                                   ROWs would not be visible
                                                                                   from Federal or State parks
                                                                                   or wilderness areas
                                                                                   designated as Class 1 under
                                                                                   Section 162 of the Clean Air
                                                                                   Act (42 U.S.C. 7472); or as a
                                                                                   Wild and Scenic River, a
                                                                                   Natural Heritage River, or a
                                                                                   river of similar State
                                                                                   designation.
Operation:
    Visual Impacts During Operations..           1  SMALL.......................  The site would not be situated
                                                                                   closer than 1 mi (1.6 km) to
                                                                                   existing residential areas or
                                                                                   sensitive land uses such as
                                                                                   Federal, State, or local
                                                                                   parks; wildlife refuges;
                                                                                   conservation lands; Wild and
                                                                                   Scenic Rivers; or Natural
                                                                                   Heritage Rivers. The maximum
                                                                                   proposed building and
                                                                                   structure height would be no
                                                                                   more than 50 ft (15.2 m),
                                                                                   except that the maximum
                                                                                   height would be 200 ft (61 m)
                                                                                   for proposed meteorological
                                                                                   towers and 100 ft (30.5 m)
                                                                                   for proposed transmission
                                                                                   line poles/towers and
                                                                                   proposed mechanical draft
                                                                                   cooling towers. The proposed
                                                                                   project structures would not
                                                                                   be visible from Federal or
                                                                                   State parks or wilderness
                                                                                   areas designated as Class 1
                                                                                   under Section 162 of the
                                                                                   Clean Air Act (42 U.S.C.
                                                                                   7472); or as a Wild and
                                                                                   Scenic River, a Natural
                                                                                   Heritage River, or a river of
                                                                                   similar State designation. If
                                                                                   needed, cooling towers would
                                                                                   be mechanical draft, not
                                                                                   natural draft; less than 100
                                                                                   ft (30.5 m) in height; and
                                                                                   equipped with drift
                                                                                   eliminators. Any makeup water
                                                                                   for the cooling towers would
                                                                                   be fresh water (less than 1
                                                                                   ppt salinity).
----------------------------------------------------------------------------------------------------------------
                                           Meteorology and Air Quality
----------------------------------------------------------------------------------------------------------------
Construction:

[[Page 80816]]

 
    Emissions of Criteria Pollutants             1  SMALL.......................  The site size is 100 ac (40.5
     and Dust During Construction.                                                 ha) or less. The permanent
                                                                                   footprint of disturbance is
                                                                                   30 ac (12 ha) or less of
                                                                                   vegetated lands and the
                                                                                   temporary footprint of
                                                                                   disturbance is an additional
                                                                                   20 ac (8.1 ha) or less of
                                                                                   vegetated land. New offsite
                                                                                   ROWs for transmission lines,
                                                                                   pipelines, or access roads
                                                                                   would be no longer than 1 mi
                                                                                   (1.6 km) and have a maximum
                                                                                   ROW width of 100 ft (30.5 m).
                                                                                   Criteria pollutants emitted
                                                                                   from vehicles and standby
                                                                                   power equipment during
                                                                                   construction are less than
                                                                                   Clean Air Act de minimis
                                                                                   levels set by the U.S.
                                                                                   Environmental Protection
                                                                                   Agency (EPA) if the site is
                                                                                   located in a nonattainment or
                                                                                   maintenance area, or the site
                                                                                   is located in an attainment
                                                                                   area. The site is not located
                                                                                   within 1 mi (1.6 km) of a
                                                                                   mandatory Class I Federal
                                                                                   area where visibility is an
                                                                                   important value. The level of
                                                                                   service (LOS) determination
                                                                                   for affected roadways does
                                                                                   not change. Mitigation
                                                                                   necessary to rely on the
                                                                                   generic analysis includes
                                                                                   implementation of BMPs for
                                                                                   dust control. Compliance with
                                                                                   air permits under State and
                                                                                   Federal laws that address the
                                                                                   impact of air emissions
                                                                                   during construction.
    Greenhouse Gas Emissions During              1  SMALL.......................  Greenhouse gases emitted by
     Construction.                                                                 equipment and vehicles during
                                                                                   the 97-year greenhouse gas
                                                                                   life-cycle period would be
                                                                                   equal to or less than
                                                                                   2,534,000 metric tons (MT) of
                                                                                   carbon dioxide equivalent
                                                                                   (CO2(e)). Appendix H of NUREG-
                                                                                   2249, ``Generic Environmental
                                                                                   Impact Statement for
                                                                                   Licensing of New Nuclear
                                                                                   Reactors'' contains the
                                                                                   staff's methodology for
                                                                                   developing this value, which
                                                                                   includes emissions from
                                                                                   construction, operation, and
                                                                                   decommissioning. As long as
                                                                                   this total value is met, the
                                                                                   impacts for the life-cycle of
                                                                                   the project and the
                                                                                   individual phases of the
                                                                                   project are determined to be
                                                                                   SMALL.
Operation:
    Emissions of Criteria and                    1  SMALL.......................  Criteria pollutants emitted
     Hazardous Air Pollutants during                                               from vehicles and standby
     Operation.                                                                    power equipment during
                                                                                   operations are less than
                                                                                   Clean Air Act de minimis
                                                                                   levels set by the EPA if
                                                                                   located in a nonattainment or
                                                                                   maintenance area. The site is
                                                                                   not located within 1 mi (1.6
                                                                                   km) of a mandatory Class I
                                                                                   Federal area where visibility
                                                                                   is an important value. The
                                                                                   LOS determination for
                                                                                   affected roadways does not
                                                                                   change. The generic analysis
                                                                                   can be relied on without
                                                                                   applying any mitigation
                                                                                   measures. Compliance with air
                                                                                   permits under State and
                                                                                   Federal laws that address the
                                                                                   impact of air emissions.
                                                                                   Hazardous air pollutant (HAP)
                                                                                   emissions will be within
                                                                                   regulatory limits.
    1Greenhouse Gas Emissions During             1  SMALL.......................  Greenhouse gases emitted by
     Operation.                                                                    equipment and vehicles during
                                                                                   the 97-year greenhouse gas
                                                                                   life-cycle period would be
                                                                                   equal to or less than
                                                                                   2,534,000 MT of CO2(e).
                                                                                   Appendix H of NUREG-2249,
                                                                                   ``Generic Environmental
                                                                                   Impact Statement for
                                                                                   Licensing of New Nuclear
                                                                                   Reactors'' contains the
                                                                                   staff's methodology for
                                                                                   developing this value, which
                                                                                   includes emissions from
                                                                                   construction, operation, and
                                                                                   decommissioning. As long as
                                                                                   this total value is met, the
                                                                                   impacts for the life-cycle of
                                                                                   the project and the
                                                                                   individual phases of the
                                                                                   project are determined to be
                                                                                   SMALL.
    Cooling-System Emissions..........           1  SMALL.......................  If needed, cooling towers
                                                                                   would be mechanical draft,
                                                                                   not natural draft. Cooling
                                                                                   towers would be equipped with
                                                                                   drift eliminators. The site
                                                                                   is not located within 1 mi
                                                                                   (1.6 km) of a mandatory Class
                                                                                   I Federal area where
                                                                                   visibility is an important
                                                                                   value. Mechanical draft
                                                                                   cooling towers would be less
                                                                                   than 100 ft (30.5 m) tall.
                                                                                   Makeup water would be fresh
                                                                                   (with a salinity less than 1
                                                                                   ppt). Operation of cooling
                                                                                   towers is assumed to be
                                                                                   subject to State permitting
                                                                                   requirements. HAP emissions
                                                                                   would be within regulatory
                                                                                   limits. No existing
                                                                                   residential areas within 0.5
                                                                                   mi (0.8 km) of the site.
    Emissions of Ozone and Nitrogen              1  SMALL.......................  The transmission line voltage
     Oxides during Transmission Line                                               would be no higher than 1,200
     Operation.                                                                    kV.
----------------------------------------------------------------------------------------------------------------
                                                 Water Resources
----------------------------------------------------------------------------------------------------------------
Construction:
    Surface Water Use Conflicts during           1  SMALL.......................  Total Plant Water Demand Less
     Construction.                                                                 than or equal to a daily
                                                                                   average of 6,000 gpm (0.379
                                                                                   m\3\/s). If water is obtained
                                                                                   from a flowing water body,
                                                                                   then the following plant
                                                                                   parameter envelope/site
                                                                                   parameter envelope (PPE/SPE)
                                                                                   parameter and associated
                                                                                   assumptions also apply:
                                                                                   Average plant water
                                                                                   withdrawals do not reduce
                                                                                   discharge from the flowing
                                                                                   water body by more than 3
                                                                                   percent of the 95 percent
                                                                                   exceedance daily flow and do
                                                                                   not prevent the maintenance
                                                                                   of applicable instream flow
                                                                                   requirements. The 95 percent
                                                                                   exceedance flow accounts for
                                                                                   existing and planned future
                                                                                   withdrawals. Water
                                                                                   availability is demonstrated
                                                                                   by the ability to obtain a
                                                                                   withdrawal permit issued by
                                                                                   State, regional, or Tribal
                                                                                   governing authorities. Water
                                                                                   rights for the withdrawal
                                                                                   amount are obtainable, if
                                                                                   needed. If water is obtained
                                                                                   from a non-flowing water
                                                                                   body, then the following PPE/
                                                                                   SPE parameter and associated
                                                                                   value and assumptions also
                                                                                   apply: Water availability of
                                                                                   the Great Lakes, the Gulf of
                                                                                   Mexico, oceans, estuaries,
                                                                                   and intertidal zones exceeds
                                                                                   the amount of water required
                                                                                   by the plant. Water
                                                                                   availability is demonstrated
                                                                                   by the ability to obtain a
                                                                                   withdrawal permit issued by
                                                                                   State, regional, or Tribal
                                                                                   governing authorities. Water
                                                                                   rights for the withdrawal
                                                                                   amount are obtainable, if
                                                                                   needed. The Coastal Zone
                                                                                   Management Act consistency
                                                                                   determination is obtainable,
                                                                                   if applicable, for the non-
                                                                                   flowing water body.
    Groundwater Use Conflicts due to             1  SMALL.......................  The long-term dewatering
     Excavation Dewatering.                                                        withdrawal rate is less than
                                                                                   or equal to 50 gpm (0.003
                                                                                   m\3\/s) (the initial rate may
                                                                                   be larger). Dewatering
                                                                                   results in negligible
                                                                                   groundwater level drawdown at
                                                                                   the site boundary.
    Groundwater Use Conflicts due to             1  SMALL.......................  Groundwater withdrawal for all
     Construction-Related Groundwater                                              plant uses (excluding
     Withdrawals.                                                                  dewatering) is less than or
                                                                                   equal to 50 gpm (0.003 m\3\/
                                                                                   s). Withdrawal results in no
                                                                                   more than 1 ft (0.3 m) of
                                                                                   groundwater level drawdown at
                                                                                   the site boundary.
                                                                                   Withdrawals are not derived
                                                                                   from an EPA-designated Sole
                                                                                   Source Aquifer (SSA), or from
                                                                                   any aquifer designated by a
                                                                                   State, Tribe, or regional
                                                                                   authority to have special
                                                                                   protections to limit
                                                                                   drawdown. Withdrawals meet
                                                                                   any applicable State or local
                                                                                   permit requirements.

[[Page 80817]]

 
    Water Quality Degradation due to             1  SMALL.......................  The permanent footprint of
     Construction-Related Discharges.                                              disturbance includes 30 ac
                                                                                   (12 ha) or less of vegetated
                                                                                   lands, and the temporary
                                                                                   footprint of disturbance
                                                                                   includes no more than an
                                                                                   additional 20 ac (8.1 ha) or
                                                                                   less of vegetated lands.
                                                                                   Adherence to requirements in
                                                                                   National Pollutant Discharge
                                                                                   Elimination System (NPDES)
                                                                                   permits issued by the EPA or
                                                                                   State permitting program, and
                                                                                   any other applicable permits.
                                                                                   The long-term groundwater
                                                                                   dewatering withdrawal rate is
                                                                                   less than or equal to 50 gpm
                                                                                   (0.003 m\3\/s). Dewatering
                                                                                   discharge has minimal effects
                                                                                   on the quality of the
                                                                                   receiving water body (e.g.,
                                                                                   as demonstrated by
                                                                                   conformance with NPDES permit
                                                                                   requirements). There are no
                                                                                   planned discharges to the
                                                                                   subsurface (by infiltration
                                                                                   or injection), including
                                                                                   stormwater discharge.
    Water Quality Degradation due to             1  SMALL.......................  The site size is 100 ac (40.5
     Inadvertent Spills during                                                     ha) or less. The permanent
     Construction.                                                                 footprint of disturbance
                                                                                   includes 30 ac (12 ha) or
                                                                                   less of vegetated lands, and
                                                                                   the temporary footprint of
                                                                                   disturbance includes no more
                                                                                   than an additional 20 ac (8.1
                                                                                   ha) or less of vegetated
                                                                                   lands. Applicable
                                                                                   requirements and guidance on
                                                                                   spill prevention and control
                                                                                   are followed, including
                                                                                   relevant BMPs and Integrated
                                                                                   Pollution Prevention Plans
                                                                                   (IPPPs).
    Water Quality Degradation due to             1  SMALL.......................  Groundwater Withdrawal for
     Groundwater Withdrawal.                                                       Excavation or Foundation
                                                                                   Dewatering The long-term
                                                                                   dewatering withdrawal rate is
                                                                                   less than or equal to 50 gpm
                                                                                   (0.003 m\3\/s) (the initial
                                                                                   rate may be larger).
                                                                                   Dewatering results in
                                                                                   negligible groundwater level
                                                                                   drawdown at the site
                                                                                   boundary. Groundwater
                                                                                   Withdrawal for Plant Uses
                                                                                   Groundwater withdrawal for
                                                                                   all plant uses (excluding
                                                                                   dewatering) is less than or
                                                                                   equal to 50 gpm (0.003 m\3\/
                                                                                   s). Withdrawal results in no
                                                                                   more than 1 ft (0.3 m) of
                                                                                   groundwater level drawdown at
                                                                                   the site boundary.
                                                                                   Withdrawals are not derived
                                                                                   from an EPA-designated SSA,
                                                                                   or from any aquifer
                                                                                   designated by a State, Tribe,
                                                                                   or regional authority to have
                                                                                   special protections to limit
                                                                                   drawdown. Withdrawals meet
                                                                                   any applicable State or local
                                                                                   permit requirements.
    Water Quality Degradation due to             1  SMALL.......................  In-water structures (including
     Offshore or In-Water Construction                                             intake and discharge
     Activities.                                                                   structures) are constructed
                                                                                   in compliance with provisions
                                                                                   of the Clean Water Act (CWA)
                                                                                   Section 404 (33 U.S.C. 1344)
                                                                                   and Section 10 of the Rivers
                                                                                   and Harbors Appropriation Act
                                                                                   of 1899 (33 U.S.C. 401 et
                                                                                   seq.). Adverse effects of
                                                                                   building activities
                                                                                   controlled and localized
                                                                                   using BMPs such as
                                                                                   installation of turbidity
                                                                                   curtains or installation of
                                                                                   cofferdams. Construction
                                                                                   duration would be less than 7
                                                                                   years.
    Water Use Conflict Due to Plant              1  SMALL.......................  The amount available from
     Municipal Water Demand.                                                       municipal water systems
                                                                                   exceeds the amount of
                                                                                   municipal water required by
                                                                                   the plant (gpm). Municipal
                                                                                   Water Availability accounts
                                                                                   for all existing and planned
                                                                                   future uses. An agreement or
                                                                                   permit for the usage amount
                                                                                   can be obtained from the
                                                                                   municipality.
    Degradation of Water Quality from            1  SMALL.......................  Municipal Systems' Available
     Plant Effluent Discharges to                                                  Capacity to Receive and Treat
     Municipal Systems.                                                            Plant Effluent accounts for
                                                                                   all existing and reasonably
                                                                                   foreseeable future
                                                                                   discharges. Agreement to
                                                                                   discharge to a municipal
                                                                                   treatment system is
                                                                                   obtainable.
Operation:
    1Surface Water Use Conflicts                 1  SMALL.......................  Total plant water demand is
     during Operation due to Water                                                 less than or equal to a daily
     Withdrawal from Flowing                                                       average of 6,000 gpm (0.379
     Waterbodies.                                                                  m\3\/s). Average plant water
                                                                                   withdrawals do not reduce
                                                                                   discharge from the flowing
                                                                                   water body by more than 3
                                                                                   percent of the 95 percent
                                                                                   exceedance daily flow and do
                                                                                   not prevent the maintenance
                                                                                   of applicable instream flow
                                                                                   requirements. The 95 percent
                                                                                   exceedance flow accounts for
                                                                                   existing and planned future
                                                                                   withdrawals. Water
                                                                                   availability is demonstrated
                                                                                   by the ability to obtain a
                                                                                   withdrawal permit issued by
                                                                                   State, regional, or Tribal
                                                                                   governing authorities. Water
                                                                                   rights for the withdrawal
                                                                                   amount are obtainable, if
                                                                                   needed.
    Surface Water Use Conflicts during           1  SMALL.......................  Total plant water demand is
     Operation due to Water Withdrawal                                             less than or equal to a daily
     from Non-flowing Waterbodies.                                                 average of 6,000 gpm (0.379
                                                                                   m\3\/s). Water availability
                                                                                   of the Great Lakes, the Gulf
                                                                                   of Mexico, oceans, estuaries,
                                                                                   and intertidal zones exceeds
                                                                                   the amount of water required
                                                                                   by the plant. Water
                                                                                   availability is demonstrated
                                                                                   by the ability to obtain a
                                                                                   withdrawal permit issued by
                                                                                   State, regional, or Tribal
                                                                                   governing authorities. Water
                                                                                   rights for the withdrawal
                                                                                   amount are obtainable, if
                                                                                   needed. Coastal Zone
                                                                                   Management Act of 1972 (16
                                                                                   U.S.C. 1451 et seq.)
                                                                                   consistency determination is
                                                                                   obtainable, if applicable.
    Groundwater Use Conflicts Due to             1  SMALL.......................  The long-term dewatering
     Building Foundation Dewatering.                                               withdrawal rate is less than
                                                                                   or equal to 50 gpm (0.003
                                                                                   m\3\/s) (the initial rate may
                                                                                   be larger). Dewatering
                                                                                   results in negligible
                                                                                   groundwater level drawdown at
                                                                                   the site boundary.
    Groundwater Use Conflicts Due to             1  SMALL.......................  Groundwater withdrawal for all
     Groundwater Withdrawals for Plant                                             plant uses (excluding
     Uses.                                                                         dewatering) is less than or
                                                                                   equal to 50 gpm (0.003 m\3\/
                                                                                   s). Withdrawal results in no
                                                                                   more than 1 ft (0.3 m) of
                                                                                   groundwater level drawdown at
                                                                                   the site boundary.
                                                                                   Withdrawals are not derived
                                                                                   from an EPA-designated SSA,
                                                                                   or from any aquifer
                                                                                   designated by a State, Tribe,
                                                                                   or regional authority to have
                                                                                   special protections to limit
                                                                                   drawdown. Withdrawals meet
                                                                                   any applicable State or local
                                                                                   permit requirements.
    Surface Water Quality Degradation            1  SMALL.......................  Total plant water demand is
     Due to Physical Effects from                                                  less than or equal to a daily
     Operation of Intake and Discharge                                             average of 6,000 gpm (0.379
     Structures.                                                                   m\3\/s). Adhere to best
                                                                                   available technology
                                                                                   requirements of CWA 316(b)
                                                                                   (33 U.S.C. 1326). Operated in
                                                                                   compliance with CWA Section
                                                                                   316 (b) and 40 CFR 125.83,
                                                                                   including compliance with
                                                                                   monitoring and recordkeeping
                                                                                   requirements in 40 CFR 125.87
                                                                                   and 40 CFR 125.88,
                                                                                   respectively (40 CFR part
                                                                                   125). Best available
                                                                                   technologies are employed in
                                                                                   the design and operation of
                                                                                   intake and discharge
                                                                                   structures to minimize
                                                                                   alterations due to scouring,
                                                                                   sediment transport, increased
                                                                                   turbidity, and erosion.
                                                                                   Adherence to requirements in
                                                                                   NPDES permits issued by the
                                                                                   EPA or a given state. If
                                                                                   water is obtained from a
                                                                                   flowing water body, then the
                                                                                   following PPE/SPE parameter
                                                                                   and associated value also
                                                                                   apply: The average rate of
                                                                                   plant withdrawal does not
                                                                                   exceed 3 percent of the 95
                                                                                   percent exceedance daily flow
                                                                                   for the water body. If water
                                                                                   is obtained from a non-
                                                                                   flowing water body, then the
                                                                                   following PPE/SPE parameters
                                                                                   and associated values and
                                                                                   assumptions also apply: Water
                                                                                   availability of the Great
                                                                                   Lakes, the Gulf of Mexico,
                                                                                   oceans, estuaries, and
                                                                                   intertidal zones exceeds the
                                                                                   amount of water required by
                                                                                   the plant.

[[Page 80818]]

 
    Surface Water Quality Degradation            1  SMALL.......................  Total plant water demand is
     Due to Changes in Salinity                                                    less than or equal to a daily
     Gradients Resulting from                                                      average of 6,000 gpm (0.379
     Withdrawals.                                                                  m\3\/s). If water is obtained
                                                                                   from a flowing water body,
                                                                                   then the following PPE/SPE
                                                                                   parameter and associated
                                                                                   assumptions also apply:
                                                                                   Average plant water
                                                                                   withdrawals do not reduce
                                                                                   discharge from the flowing
                                                                                   water body by more than 3
                                                                                   percent of the 95 percent
                                                                                   exceedance daily flow and do
                                                                                   not prevent the maintenance
                                                                                   of applicable instream flow
                                                                                   requirements. The 95 percent
                                                                                   exceedance flow accounts for
                                                                                   existing and planned future
                                                                                   withdrawals. Water
                                                                                   availability is demonstrated
                                                                                   by the ability to obtain a
                                                                                   withdrawal permit issued by
                                                                                   State, regional, or Tribal
                                                                                   governing authorities. Water
                                                                                   rights for the withdrawal
                                                                                   amount are obtainable, if
                                                                                   needed. If withdrawals are
                                                                                   from an estuary or intertidal
                                                                                   zone, then changes to
                                                                                   salinity gradients are within
                                                                                   the normal tidal or seasonal
                                                                                   movements that characterize
                                                                                   the water body. If water is
                                                                                   obtained from a non-flowing
                                                                                   water body, then the
                                                                                   following PPE/SPE parameter
                                                                                   and associated values and
                                                                                   assumptions also apply: Water
                                                                                   availability of the Great
                                                                                   Lakes, the Gulf of Mexico,
                                                                                   oceans, estuaries, and
                                                                                   intertidal zones exceeds the
                                                                                   amount of water required by
                                                                                   the plant. Water availability
                                                                                   is demonstrated by the
                                                                                   ability to obtain a
                                                                                   withdrawal permit issued by
                                                                                   State, regional, or Tribal
                                                                                   governing authorities. Water
                                                                                   rights for the withdrawal
                                                                                   amount are obtainable, if
                                                                                   needed. If withdrawals are
                                                                                   from an estuary or intertidal
                                                                                   zone, then changes to
                                                                                   salinity gradients are within
                                                                                   the normal tidal or seasonal
                                                                                   movements that characterize
                                                                                   the water body.
    Surface Water Quality Degradation            2  Undetermined................  The staff determined that a
     Due to Chemical and Thermal                                                   generic analysis to determine
     Discharges.                                                                   operational impacts on
                                                                                   surface water quality due to
                                                                                   chemical and thermal
                                                                                   discharges was not possible
                                                                                   because (1) some States may
                                                                                   impose effluent constituent
                                                                                   limitations more stringent
                                                                                   that those required by the
                                                                                   EPA, (2) limitations imposed
                                                                                   on effluent constituents may
                                                                                   vary among States, and (3)
                                                                                   the establishment of a mixing
                                                                                   zone may be required. Because
                                                                                   all of these issues related
                                                                                   to degradation of surface
                                                                                   water quality from chemical
                                                                                   and thermal discharges
                                                                                   require consideration of
                                                                                   project-specific information,
                                                                                   a project-specific assessment
                                                                                   should be performed in the
                                                                                   supplemental environmental
                                                                                   impact statement.
    Groundwater Quality Degradation              1  SMALL.......................  The plant is outside the
     Due to Plant Discharges.                                                      recharge area for any EPA-
                                                                                   designated SSA, or any
                                                                                   aquifer designated to have
                                                                                   special protections by a
                                                                                   State, Tribal, or regional
                                                                                   authority. The plant is
                                                                                   outside the wellhead
                                                                                   protection area or designated
                                                                                   contributing area for any
                                                                                   public water supply well.
                                                                                   There are no planned
                                                                                   discharges to the subsurface
                                                                                   (by infiltration or
                                                                                   injection).
    Water Quality Degradation due to             1  SMALL.......................  Applicable requirements and
     Inadvertent Spills and Leaks                                                  guidance on spill prevention
     during Operation.                                                             and control are followed,
                                                                                   including relevant BMPs and
                                                                                   IPPPs. There are no planned
                                                                                   discharges to the subsurface
                                                                                   (by infiltration or
                                                                                   injection), including
                                                                                   stormwater discharge. A
                                                                                   groundwater protection
                                                                                   program conforming to
                                                                                   currently applicable industry
                                                                                   guidance is established and
                                                                                   followed. The site size is
                                                                                   100 ac (40.5 ha) or less. Use
                                                                                   of BMPs for soil erosion,
                                                                                   sediment control, and
                                                                                   stormwater management.
                                                                                   Adherence to requirements in
                                                                                   NPDES permits issued by the
                                                                                   EPA or a given State, and any
                                                                                   other applicable permits.
    Water Quality Degradation due to             1  SMALL.......................  The long-term dewatering
     Groundwater Withdrawals.                                                      withdrawal rate is less than
                                                                                   or equal to 50 gpm (0.003
                                                                                   m\3\/s) (the initial rate may
                                                                                   be larger). Dewatering
                                                                                   results in negligible
                                                                                   groundwater level drawdown at
                                                                                   the site boundary.
                                                                                   Groundwater withdrawal for
                                                                                   all plant uses (excluding
                                                                                   dewatering) is less than or
                                                                                   equal to 50 gpm (0.003 m\3\/
                                                                                   s). Withdrawal results in no
                                                                                   more than 1 ft (0.3 m) of
                                                                                   groundwater level drawdown at
                                                                                   the site boundary.
                                                                                   Withdrawals are not derived
                                                                                   from an EPA-designated SSA,
                                                                                   or from any aquifer
                                                                                   designated by a State, Tribe,
                                                                                   or regional authority to have
                                                                                   special protections to limit
                                                                                   drawdown. Withdrawals meet
                                                                                   any applicable State or local
                                                                                   permit requirements.
    Water Use Conflict from Plant                1  SMALL.......................  Usage amount is within the
     Municipal Water Demand.                                                       existing capacity of the
                                                                                   system(s), accounting for all
                                                                                   existing and planned future
                                                                                   uses. An agreement or permit
                                                                                   for the usage amount can be
                                                                                   obtained from the
                                                                                   municipality.
    Degradation of Water Quality from            1  SMALL.......................  Municipal Systems' Available
     Plant Effluent Discharges to                                                  Capacity to Receive and Treat
     Municipal Systems.                                                            Plant Effluent accounts for
                                                                                   all existing and reasonably
                                                                                   foreseeable future
                                                                                   discharges. Agreement to
                                                                                   discharge to a municipal
                                                                                   treatment system is
                                                                                   obtainable.
----------------------------------------------------------------------------------------------------------------
                                               Terrestrial Ecology
----------------------------------------------------------------------------------------------------------------
Construction:
    Permanent and Temporary Loss,                1  SMALL.......................  The permanent footprint of
     Conversion, Fragmentation, and                                                disturbance would include 30
     Degradation of Habitats.                                                      ac (12 ha) or less of
                                                                                   vegetated lands, and the
                                                                                   temporary footprint of
                                                                                   disturbance would include no
                                                                                   more than an additional 20 ac
                                                                                   (8.1 ha) or less of vegetated
                                                                                   lands. Temporarily disturbed
                                                                                   lands would be revegetated
                                                                                   using regionally indigenous
                                                                                   vegetation once the lands are
                                                                                   no longer needed to support
                                                                                   building activities. New
                                                                                   offsite ROWs for transmission
                                                                                   lines, pipelines, or access
                                                                                   roads would be no more than
                                                                                   100 ft (30.5 m) in width and
                                                                                   total no more than 1 mi (1.6
                                                                                   km) in length. The footprint
                                                                                   of disturbance (permanent and
                                                                                   temporary) would contain no
                                                                                   ecologically sensitive
                                                                                   features such as floodplains,
                                                                                   shorelines, riparian
                                                                                   vegetation, late-successional
                                                                                   vegetation, land specifically
                                                                                   designated for conservation,
                                                                                   or habitat known to be
                                                                                   potentially suitable for one
                                                                                   or more Federal or State
                                                                                   threatened or endangered
                                                                                   species. Total wetland
                                                                                   impacts from use of the site
                                                                                   and any offsite ROWs would be
                                                                                   no more than 0.5 ac (0.2 ha).
                                                                                   Applicants would demonstrate
                                                                                   an effort to minimize
                                                                                   fragmentation of terrestrial
                                                                                   habitats by using existing
                                                                                   ROWs, or widening existing
                                                                                   ROWs, to the extent
                                                                                   practicable. BMPs would be
                                                                                   used for erosion, sediment
                                                                                   control, and stormwater
                                                                                   management.

[[Page 80819]]

 
    Permanent and Temporary Loss and             1  SMALL.......................  Applicant would provide a
     Degradation of Wetlands.                                                      delineation of potentially
                                                                                   impacted wetlands, including
                                                                                   wetlands not under CWA
                                                                                   jurisdiction. Total wetland
                                                                                   impacts from use of the site
                                                                                   and any offsite ROWs would be
                                                                                   no more than 0.5 ac (0.2 ha).
                                                                                   If activities regulated under
                                                                                   the CWA are performed, those
                                                                                   activities would receive
                                                                                   approval under one or more
                                                                                   nationwide permits (NWPs) (33
                                                                                   CFR part 330) or other
                                                                                   general permits recognized by
                                                                                   the U.S. Army Corps of
                                                                                   Engineers. Temporary
                                                                                   groundwater withdrawals for
                                                                                   excavation or foundation
                                                                                   dewatering would not exceed a
                                                                                   long-term rate of 50 gpm
                                                                                   (0.003 m\3\/s). Applicants
                                                                                   would be able to demonstrate
                                                                                   that the temporary
                                                                                   groundwater withdrawals would
                                                                                   not substantially alter the
                                                                                   hydrology of wetlands
                                                                                   connected to the same
                                                                                   groundwater resource. Any
                                                                                   required state or local
                                                                                   permits for wetland impacts
                                                                                   would be obtained. Any
                                                                                   mitigation measures indicated
                                                                                   in the NWPs or other permits
                                                                                   would be implemented. BMPs
                                                                                   would be used for erosion,
                                                                                   sediment control, and
                                                                                   stormwater management.
    Effects of Building Noise on                 1  SMALL.......................  Noise generation would not
     Wildlife.                                                                     exceed 85 dBA 50 ft (15.2 m)
                                                                                   from the source.
    Effects of Vehicular Collisions on           1  SMALL.......................  The site size would be 100 ac
     Wildlife.                                                                     (40.5 ha) or less. The
                                                                                   permanent footprint of
                                                                                   disturbance would include 30
                                                                                   ac (12 ha) or less of
                                                                                   vegetated lands, and the
                                                                                   temporary footprint of
                                                                                   disturbance would include no
                                                                                   more than an additional 20 ac
                                                                                   (8.1 ha) or less of vegetated
                                                                                   lands. There would be no
                                                                                   decreases in the LOS
                                                                                   designation for affected
                                                                                   roadways. The licensee would
                                                                                   communicate with Federal and
                                                                                   State wildlife agencies and
                                                                                   implement mitigation actions
                                                                                   recommended by those agencies
                                                                                   to reduce potential for
                                                                                   vehicular injury to wildlife.
    Bird Collisions and Injury from              1  SMALL.......................  The site size would be 100 ac
     Structures and Transmission Lines.                                            (40.5 ha) or less. New
                                                                                   offsite ROWs for transmission
                                                                                   lines, pipelines, or access
                                                                                   roads would be no more than
                                                                                   100 ft (30.5 m) in width and
                                                                                   total no more than 1 mi (1.6
                                                                                   km) in length. No
                                                                                   transmission line structures
                                                                                   (poles or towers) would be
                                                                                   more than 100 ft (30.5 m) in
                                                                                   height. Licensees would
                                                                                   implement common mitigation
                                                                                   measures.
    Important Species and Habitats--             2  Undetermined................  The NRC staff is unable to
     Resources Regulated under the                                                 determine the significance of
     Endangered Species Act of 1973                                                potential impacts without
     (ESA; 16 U.S.C. 1531 et seq.).                                                consideration of project-
                                                                                   specific factors, including
                                                                                   the specific species and
                                                                                   habitats affected and the
                                                                                   types of ecological changes
                                                                                   potentially resulting from
                                                                                   each specific licensing
                                                                                   action.
    Important Species and Habitats--             1  SMALL.......................  Applicants would communicate
     Other Important Species and                                                   with State natural resource
     Habitats.                                                                     or conservation agencies
                                                                                   regarding wildlife and plants
                                                                                   and implement mitigation
                                                                                   recommendations of those
                                                                                   agencies.
Operation:
    Permanent and Temporary Loss or              1  SMALL.......................  Temporarily disturbed lands
     Disturbance of Habitats.                                                      would be revegetated using
                                                                                   regionally indigenous
                                                                                   vegetation once the lands are
                                                                                   no longer needed to support
                                                                                   building activities. The
                                                                                   total wetland loss from site
                                                                                   disturbance over the
                                                                                   operational life of the plant
                                                                                   would be no more than 0.5 ac
                                                                                   (0.2 ha). Any State or local
                                                                                   permits for wetland impacts
                                                                                   would be obtained. Any
                                                                                   mitigation measures indicated
                                                                                   in the NWPs or other wetland
                                                                                   permits would be implemented.
                                                                                   BMPs would be used for
                                                                                   erosion, sediment control,
                                                                                   and stormwater management.
    Effects of Operational Noise on              1  SMALL.......................  Noise generation would not
     Wildlife.                                                                     exceed 85 dBA 50 ft (15.2 m)
                                                                                   from the source. There would
                                                                                   be no decreases in the LOS
                                                                                   designation for affected
                                                                                   roadways. The licensee would
                                                                                   communicate with Federal and
                                                                                   State wildlife agencies and
                                                                                   implement mitigation actions
                                                                                   recommended by those agencies
                                                                                   to reduce potential for
                                                                                   vehicular injury to wildlife.
    Effects of Vehicular Collisions on           1  SMALL.......................  Noise generation would not
     Wildlife.                                                                     exceed 85 dBA 50 ft (15.2 m)
                                                                                   from the source. There would
                                                                                   be no decreases in the LOS
                                                                                   designation for affected
                                                                                   roadways. The licensee would
                                                                                   communicate with Federal and
                                                                                   State wildlife agencies and
                                                                                   implement mitigation actions
                                                                                   recommended by those agencies
                                                                                   to reduce potential for
                                                                                   vehicular injury to wildlife.
    Exposure of Terrestrial Organisms            1  SMALL.......................  Applicants would demonstrate
     to Radionuclides.                                                             in their application that any
                                                                                   radiological nonhuman biota
                                                                                   doses would be below
                                                                                   applicable guidelines.
    Cooling-Tower Operational Impacts            1  SMALL.......................  If needed, cooling towers
     on Vegetation.                                                                would be mechanical draft,
                                                                                   not natural draft; less than
                                                                                   100 ft (30.5 m) in height;
                                                                                   and equipped with drift
                                                                                   eliminators. Any makeup water
                                                                                   for the cooling towers would
                                                                                   be fresh water (less than 1
                                                                                   ppt salinity).
    Bird Collisions and Injury from              1  SMALL.......................  The site size would be 100 ac
     Structures and Transmission Lines.                                            (40.5 ha) or less. New
                                                                                   offsite ROWs for transmission
                                                                                   lines, pipelines, or access
                                                                                   roads would be no more than
                                                                                   100 ft (30.5 m) in width and
                                                                                   total no more than 1 mi (1.6
                                                                                   km) in length. No
                                                                                   transmission line structures
                                                                                   (poles or towers) would be
                                                                                   more than 100 ft (30.5 m) in
                                                                                   height. Licensees would
                                                                                   implement common mitigation
                                                                                   measures.
    Bird Electrocutions from                     1  SMALL.......................  New offsite ROWs for
     Transmission Lines.                                                           transmission lines,
                                                                                   pipelines, or access roads
                                                                                   would be no more than 100 ft
                                                                                   (30.5 m) in width and total
                                                                                   no more than 1 mi (1.6 km) in
                                                                                   length. Common mitigation
                                                                                   measures would be
                                                                                   implemented.
    Water Use Conflicts with                     1  SMALL.......................  Total plant water demand would
     Terrestrial Resources.                                                        be less than or equal to a
                                                                                   daily average of 6,000 gpm
                                                                                   (0.379 m\3\/s). If water is
                                                                                   withdrawn from flowing water
                                                                                   bodies, average plant water
                                                                                   withdrawals would not reduce
                                                                                   flow by more than 3 percent
                                                                                   of the 95 percent exceedance
                                                                                   daily flow and would not
                                                                                   prevent maintenance of
                                                                                   applicable instream flow
                                                                                   requirements. Any water
                                                                                   withdrawals would be in
                                                                                   compliance with any EPA or
                                                                                   State permitting
                                                                                   requirements. Applicants
                                                                                   would be able to demonstrate
                                                                                   that hydroperiod changes are
                                                                                   within historical or seasonal
                                                                                   fluctuations.
    Effects of Transmission Line ROW             1  SMALL.......................  Vegetation in transmission
     Management on Terrestrial                                                     line ROWs would be managed
     Resources.                                                                    following a plan consisting
                                                                                   of integrated vegetation
                                                                                   management practices. All ROW
                                                                                   maintenance work would be
                                                                                   performed in compliance with
                                                                                   all applicable laws and
                                                                                   regulations. Herbicides would
                                                                                   be applied by licensed
                                                                                   applicators, and only if in
                                                                                   compliance with applicable
                                                                                   manufacturer label
                                                                                   instructions.

[[Page 80820]]

 
    Effects of Electromagnetic Fields            1  SMALL.......................  Based on the literature review
     on Flora and Fauna.                                                           in the License Renewal
                                                                                   Generic Environmental Impact
                                                                                   Statement (GEIS), the staff
                                                                                   determined that this is a
                                                                                   Category 1 issue and impacts
                                                                                   would be SMALL regardless of
                                                                                   the length, location, or size
                                                                                   of the transmission lines.
                                                                                   The staff did not recommend
                                                                                   any mitigation in the License
                                                                                   Renewal GEIS; hence, none is
                                                                                   needed here. The staff did
                                                                                   not rely on any PPE and SPE
                                                                                   values or assumptions in
                                                                                   reaching this conclusion.
    Important Species and Habitats--             2  Undetermined................  The NRC staff is unable to
     Resources Regulated under the ESA                                             determine the significance of
     of 1973.                                                                      potential impacts without
                                                                                   consideration of project-
                                                                                   specific factors, including
                                                                                   the specific species and
                                                                                   habitats affected and the
                                                                                   types of ecological changes
                                                                                   potentially resulting from
                                                                                   each specific licensing
                                                                                   action.
    Important Species and Habitats--             1  SMALL.......................  Applicants would communicate
     Other Important Species and                                                   with State natural resource
     Habitats.                                                                     or conservation agencies
                                                                                   regarding wildlife and plants
                                                                                   and implement mitigation
                                                                                   recommendations of those
                                                                                   agencies.
----------------------------------------------------------------------------------------------------------------
                                                 Aquatic Ecology
----------------------------------------------------------------------------------------------------------------
Construction:
    Runoff and sedimentation from                1  SMALL.......................  BMPs would be used for erosion
     construction areas.                                                           and sediment control.
                                                                                   Temporarily disturbed lands
                                                                                   would be revegetated using
                                                                                   regionally indigenous
                                                                                   vegetation once the lands are
                                                                                   no longer needed to support
                                                                                   building activities.
    Dredging and filling aquatic                 1  SMALL.......................  Applicant would obtain
     habitats to build intake and                                                  approval, if required, under
     discharge structures.                                                         NWP 7 in 33 CFR part 330.
                                                                                   Applicant would implement any
                                                                                   mitigation required under NWP
                                                                                   7 in 33 CFR part 330.
                                                                                   Applicant would minimize any
                                                                                   temporarily disturbed
                                                                                   shoreline and riparian lands
                                                                                   needed to build the intake
                                                                                   and discharge structures and
                                                                                   restore those areas with
                                                                                   regionally indigenous
                                                                                   vegetation suited to those
                                                                                   landscape settings once the
                                                                                   disturbances are no longer
                                                                                   needed. BMPs would be used
                                                                                   for erosion and sediment
                                                                                   control.
    Building transmission lines,                 1  SMALL.......................  If activities regulated under
     pipelines, and access roads                                                   the CWA are performed, they
     across surface waterbodies.                                                   would receive approval under
                                                                                   one or more NWPs (33 CFR part
                                                                                   330) or other general permits
                                                                                   recognized by the U.S. Army
                                                                                   Corps of Engineers. Pipelines
                                                                                   would be extended under (or
                                                                                   over) surface through
                                                                                   directional drilling without
                                                                                   physically disturbing
                                                                                   shorelines or bottom
                                                                                   substrate. Access roads would
                                                                                   span streams and other
                                                                                   surface waterbodies with a
                                                                                   bridge or ford, and any fords
                                                                                   would include placement and
                                                                                   maintenance of matting to
                                                                                   minimize physical disturbance
                                                                                   of shorelines and bottom
                                                                                   substrates. No access roads
                                                                                   would be extended across
                                                                                   stream channels over 10 ft (3
                                                                                   m) in width (at ordinary high
                                                                                   water). Any bridges or fords
                                                                                   would be removed once no
                                                                                   longer needed, and any
                                                                                   exposed soils or substrate
                                                                                   would be revegetated using
                                                                                   regionally indigenous
                                                                                   vegetation appropriate to the
                                                                                   landscape setting. Any
                                                                                   mitigation measures indicated
                                                                                   in the NWPs or other permits
                                                                                   would be implemented. BMPs
                                                                                   would be used for erosion and
                                                                                   sediment control.
    Important Species and Habitats--             2  Undetermined................  The NRC staff is unable to
     Resources Regulated under the ESA                                             determine the significance of
     and Magnuson-Stevens Fishery                                                  potential impacts without
     Conservation and Management Act                                               consideration of project-
     (16 U.S.C. 1801 et seq.).                                                     specific factors, including
                                                                                   the specific species and
                                                                                   habitats affected and the
                                                                                   types of ecological changes
                                                                                   potentially resulting from
                                                                                   each specific licensing
                                                                                   action. Furthermore, the
                                                                                   Endangered Species Act (16
                                                                                   U.S.C. 1531 et seq.) and
                                                                                   Magnuson-Stevens Fishery
                                                                                   Conservation and Management
                                                                                   Act (16 U.S.C. 1801 et seq.)
                                                                                   require consultations for
                                                                                   each licensing action that
                                                                                   may affect regulated
                                                                                   resources.
    Important species and habitats--             1  SMALL.......................  Applicants would communicate
     Other Important Species and                                                   with State natural resource
     Habitats.                                                                     or conservation agencies
                                                                                   regarding aquatic fish,
                                                                                   wildlife, and plants and
                                                                                   implement mitigation
                                                                                   recommendation of those
                                                                                   agencies.
Operation:
    Stormwater runoff.................           1  SMALL.......................  Preparation, approval by
                                                                                   applicable regulatory
                                                                                   agencies, and implementation
                                                                                   of a stormwater management
                                                                                   plan. Obtaining and
                                                                                   compliance with any required
                                                                                   permits for the storage and
                                                                                   use of hazardous materials
                                                                                   issued by Federal and State
                                                                                   agencies under Resource
                                                                                   Conservation and Recovery Act
                                                                                   (RCRA). BMPs would be used
                                                                                   for stormwater management.
    Exposure of aquatic organisms to             1  SMALL.......................  Applicants would demonstrate
     radionuclides.                                                                in their application that any
                                                                                   radiological nonhuman biota
                                                                                   doses would be below
                                                                                   applicable guidelines.
    Effects of refurbishment on                  1  SMALL.......................  BMPs would be used for
     aquatic biota.                                                                erosion, sediment control,
                                                                                   and stormwater management.
                                                                                   Exposed soils would be
                                                                                   restored as soon as possible
                                                                                   with regionally indigenous
                                                                                   vegetation.
    Effects of maintenance dredging on           1  SMALL.......................  If activities regulated under
     aquatic biota.                                                                the CWA are performed, those
                                                                                   activities would receive
                                                                                   approval under one or more
                                                                                   NWPs (33 CFR part 330) or
                                                                                   other general permits
                                                                                   recognized by the U.S. Army
                                                                                   Corps of Engineers. Any
                                                                                   mitigation measures indicated
                                                                                   in the NWPs or other permits
                                                                                   would be implemented. BMPs
                                                                                   would be used for erosion and
                                                                                   sediment control.
    Impacts of transmission line ROW             1  SMALL.......................  Vegetation in transmission
     management on aquatic resources.                                              line ROWs would be managed
                                                                                   following a plan consisting
                                                                                   of integrated vegetation
                                                                                   management practices. All ROW
                                                                                   maintenance work would be
                                                                                   performed in compliance with
                                                                                   all applicable laws and
                                                                                   regulations. Herbicides would
                                                                                   be applied by licensed
                                                                                   applicators, and only if in
                                                                                   compliance with applicable
                                                                                   manufacturer label
                                                                                   instructions. BMPs would be
                                                                                   used for erosion and sediment
                                                                                   control.
    Impingement and entrainment of               1  SMALL.......................  Intakes would comply with
     aquatic organisms.                                                            regulatory requirements
                                                                                   established by EPA in 40 CFR
                                                                                   125.84 to be protective of
                                                                                   fish and shellfish. Best
                                                                                   available control technology
                                                                                   would be employed in the
                                                                                   design of intakes to minimize
                                                                                   entrainment and impingement,
                                                                                   such as use of screens and
                                                                                   intake rates recognized to
                                                                                   minimize effects.
    Thermal impacts on aquatic biota..           2  Undetermined................  Staff would have to first
                                                                                   review the discharge plume
                                                                                   analysis (as described in
                                                                                   Section 3.4) and the aquatic
                                                                                   biota potentially present
                                                                                   before being able to reach a
                                                                                   conclusion regarding the
                                                                                   possible significance of
                                                                                   impacts to that biota.

[[Page 80821]]

 
    Other effects of cooling-water               2  Undetermined................  Staff would have to first
     discharges on aquatic biota.                                                  review the discharge plume
                                                                                   analysis (as described in
                                                                                   Section 3.4) and the aquatic
                                                                                   biota potentially present
                                                                                   before being able to reach a
                                                                                   conclusion regarding the
                                                                                   possible significance of
                                                                                   impacts to that biota.
    Water use conflicts with aquatic             1  SMALL.......................  If needed, cooling towers
     resources.                                                                    would be mechanical draft,
                                                                                   not natural draft; less than
                                                                                   100 ft (30.5 m) in height;
                                                                                   and equipped with drift
                                                                                   eliminators. Any makeup water
                                                                                   for the cooling towers would
                                                                                   be fresh water (less than 1
                                                                                   ppt salinity). Total plant
                                                                                   water demand would be less
                                                                                   than or equal to a daily
                                                                                   average of 6,000 gpm (0.379
                                                                                   m\3\/s). If water is
                                                                                   withdrawn from flowing
                                                                                   waterbodies, average plant
                                                                                   water withdrawals would not
                                                                                   reduce flow by more than 3
                                                                                   percent of the 95 percent
                                                                                   exceedance daily flow and
                                                                                   would not prevent maintenance
                                                                                   of applicable instream flow
                                                                                   requirements. Any water
                                                                                   withdrawals would be in
                                                                                   compliance with any EPA or
                                                                                   State permitting
                                                                                   requirements. Applicants
                                                                                   would be able to demonstrate
                                                                                   that hydroperiod changes are
                                                                                   within historical or seasonal
                                                                                   fluctuations.
    Important Species and Habitats--             2  Undetermined................  The NRC staff is unable to
     Resources Regulated under the ESA                                             determine the significance of
     and Magnuson-Stevens Fishery                                                  potential impacts without
     Conservation and Management Act.                                              consideration of project-
                                                                                   specific factors, including
                                                                                   the specific species and
                                                                                   habitats affected and the
                                                                                   types of ecological changes
                                                                                   potentially resulting from
                                                                                   each specific licensing
                                                                                   action. Furthermore, the
                                                                                   Endangered Species Act (16
                                                                                   U.S.C. 1531 et seq.) and
                                                                                   Magnuson-Stevens Fishery
                                                                                   Conservation and Management
                                                                                   Act (16 U.S.C. 1801 et seq.)
                                                                                   require consultations for
                                                                                   each licensing action that
                                                                                   may affect regulated
                                                                                   resources.
    Important species and habitats--             1  SMALL.......................  Applicants would communicate
     Other Important Species and                                                   with State natural resource
     Habitats.                                                                     or conservation agencies
                                                                                   regarding aquatic fish,
                                                                                   wildlife, and plants and
                                                                                   implement mitigation
                                                                                   recommendations of those
                                                                                   agencies.
----------------------------------------------------------------------------------------------------------------
                                         Historic and Cultural Resources
----------------------------------------------------------------------------------------------------------------
Construction:
    Construction impacts on historic             2  Undetermined................  Impacts on historic and
     and cultural resources.                                                       cultural resources are
                                                                                   analyzed on a project-
                                                                                   specific basis. The NRC will
                                                                                   perform a National
                                                                                   Environmental Policy Act
                                                                                   (NEPA) analysis and a
                                                                                   National Historic
                                                                                   Preservation Act (NHPA)
                                                                                   Section 106 analysis, in
                                                                                   accordance with 36 CFR part
                                                                                   800, in its preparation of
                                                                                   the supplemental
                                                                                   environmental impact
                                                                                   statement. The NHPA Section
                                                                                   106 analysis includes
                                                                                   consultation with the State
                                                                                   and Tribal Historic
                                                                                   Preservation Officers,
                                                                                   American Indian Tribes, and
                                                                                   other interested parties.
Operation:
    Operation impacts on historic and            2  Undetermined................  Impacts on historic and
     cultural resources.                                                           cultural resources are
                                                                                   analyzed on a project-
                                                                                   specific basis. The NRC will
                                                                                   perform a NEPA analysis and a
                                                                                   NHPA Section 106 analysis, in
                                                                                   accordance with 36 CFR part
                                                                                   800, in its preparation of
                                                                                   the supplemental
                                                                                   environmental impact
                                                                                   statement. The NHPA Section
                                                                                   106 analysis includes
                                                                                   consultation with the State
                                                                                   and Tribal Historic
                                                                                   Preservation Officers,
                                                                                   American Indian Tribes, and
                                                                                   other interested parties.
----------------------------------------------------------------------------------------------------------------
                                 Environmental Hazards--Radiological Environment
----------------------------------------------------------------------------------------------------------------
Construction:
    Radiological dose to construction            1  SMALL.......................  For protection against
     workers.                                                                      radiation, the applicant must
                                                                                   meet the regulatory
                                                                                   requirements of: 10 CFR
                                                                                   20.1101 Radiation Protection
                                                                                   Programs if issued a license
                                                                                   10 CFR 20.1201 Occupational
                                                                                   dose limits for adults 10 CFR
                                                                                   20.1301 Dose limits for
                                                                                   individual members of the
                                                                                   public Appendix B to 10 CFR
                                                                                   part 20 Annual Limits on
                                                                                   Intake (ALIs) and Derived Air
                                                                                   Concentrations (DACs) of
                                                                                   Radionuclides for
                                                                                   Occupational Exposure;
                                                                                   Effluent Concentrations;
                                                                                   Concentrations for Release to
                                                                                   Sewerage Applicable NRC
                                                                                   radiation protection
                                                                                   regulations, such as: 10 CFR
                                                                                   50.34a Design objectives for
                                                                                   equipment to control releases
                                                                                   of radioactive material in
                                                                                   effluents--nuclear power
                                                                                   reactors 10 CFR 50.36a
                                                                                   Technical specifications on
                                                                                   effluents from nuclear power
                                                                                   reactors Application contains
                                                                                   sufficient technical
                                                                                   information for the staff to
                                                                                   complete the detailed
                                                                                   technical safety review.
                                                                                   Application will be found to
                                                                                   be in compliance by the staff
                                                                                   with the above regulations
                                                                                   through a radiation
                                                                                   protection program and an
                                                                                   effluent release monitoring
                                                                                   program.
Operation:
    Occupational doses to workers.....           1  SMALL.......................  For protection against
                                                                                   radiation, the applicant must
                                                                                   meet the regulatory
                                                                                   requirements of: 10 CFR
                                                                                   20.1101 Radiation Protection
                                                                                   Programs if issued a license
                                                                                   10 CFR 20.1201 Occupational
                                                                                   dose limits for adults
                                                                                   Appendix B to 10 CFR part 20
                                                                                   Annual Limits on Intake
                                                                                   (ALIs) and Derived Air
                                                                                   Concentrations (DACs) of
                                                                                   Radionuclides for
                                                                                   Occupational Exposure;
                                                                                   Effluent Concentrations;
                                                                                   Concentrations for Release to
                                                                                   Sewerage Applicable radiation
                                                                                   protection regulations, such
                                                                                   as: 10 CFR 50.34 a Design
                                                                                   objectives for equipment to
                                                                                   control releases of
                                                                                   radioactive material in
                                                                                   effluents--nuclear power
                                                                                   reactors 10 CFR 50.36 a
                                                                                   Technical specifications on
                                                                                   effluents from nuclear power
                                                                                   reactors Application contains
                                                                                   sufficient technical
                                                                                   information for the staff to
                                                                                   complete the detailed
                                                                                   technical safety review
                                                                                   Application will be found to
                                                                                   be in compliance by the staff
                                                                                   with the above regulations
                                                                                   through a radiation
                                                                                   protection program and an
                                                                                   effluent release monitoring
                                                                                   program.

[[Page 80822]]

 
    Maximally exposed individual                 1  SMALL.......................  For protection against
     annual doses.                                                                 radiation, the applicant must
                                                                                   meet the regulatory
                                                                                   requirements of: 10 CFR
                                                                                   20.1101 Radiation Protection
                                                                                   Programs if issued a license
                                                                                   10 CFR 20.1301 Dose limits
                                                                                   for individual members of the
                                                                                   public Appendix B to 10 CFR
                                                                                   part 20 Annual Limits on
                                                                                   Intake (ALIs) and Derived Air
                                                                                   Concentrations (DACs) of
                                                                                   Radionuclides for
                                                                                   Occupational Exposure;
                                                                                   Effluent Concentrations;
                                                                                   Concentrations for Release to
                                                                                   Sewerage Applicable radiation
                                                                                   protection regulations, such
                                                                                   as: 10 CFR 50.34a Design
                                                                                   objectives for equipment to
                                                                                   control releases of
                                                                                   radioactive material in
                                                                                   effluents--nuclear power
                                                                                   reactors 10 CFR 50.36a
                                                                                   Technical specifications on
                                                                                   effluents from nuclear power
                                                                                   reactors Application contains
                                                                                   sufficient technical
                                                                                   information for the staff to
                                                                                   complete the detailed
                                                                                   technical safety review
                                                                                   Application will be found to
                                                                                   be in compliance by the staff
                                                                                   with the above regulations
                                                                                   through a radiation
                                                                                   protection program and an
                                                                                   effluent release monitoring
                                                                                   program.
    Total population annual doses.....           1  SMALL.......................  For protection against
                                                                                   radiation, the applicant must
                                                                                   meet the regulatory
                                                                                   requirements of: 10 CFR
                                                                                   20.1101 Radiation Protection
                                                                                   Programs if issued a license
                                                                                   10 CFR 20.1301 Dose limits
                                                                                   for individual members of the
                                                                                   public Appendix B of 10 CFR
                                                                                   part 20 Annual Limits on
                                                                                   Intake (ALIs) and Derived Air
                                                                                   Concentrations (DACs) of
                                                                                   Radionuclides for
                                                                                   Occupational Exposure;
                                                                                   Effluent Concentrations;
                                                                                   Concentrations for Release to
                                                                                   Sewerage Applicable radiation
                                                                                   protection regulations, such
                                                                                   as: 10 CFR 50.34a Design
                                                                                   objectives for equipment to
                                                                                   control releases of
                                                                                   radioactive material in
                                                                                   effluents--nuclear power
                                                                                   reactors 10 CFR 50.36a
                                                                                   Technical specifications on
                                                                                   effluents from nuclear power
                                                                                   reactors Application contains
                                                                                   sufficient technical
                                                                                   information for the staff to
                                                                                   complete the detailed
                                                                                   technical safety review
                                                                                   Application will be found to
                                                                                   be in compliance by the staff
                                                                                   with the above regulations
                                                                                   through a radiation
                                                                                   protection program and an
                                                                                   effluent release monitoring
                                                                                   program.
    Nonhuman biota doses..............           1  SMALL.......................  Applicants would demonstrate
                                                                                   in their application that any
                                                                                   radiological nonhuman biota
                                                                                   doses would be below
                                                                                   applicable guidelines.
----------------------------------------------------------------------------------------------------------------
                               Environmental Hazards--Nonradiological Environment
----------------------------------------------------------------------------------------------------------------
Construction:
    Building impacts of chemical,                1  SMALL.......................  The applicant must adhere to
     biological, and physical                                                      all applicable Federal,
     nonradiological hazards.                                                      State, local or Tribal
                                                                                   regulatory limits and permit
                                                                                   conditions for chemical
                                                                                   hazards, biological hazards,
                                                                                   and physical hazards. The
                                                                                   applicant will follow
                                                                                   nonradiological public and
                                                                                   occupational health BMPs and
                                                                                   mitigation measures, as
                                                                                   appropriate.
    Building impacts of                        N/A  Uncertain...................  Studies of 60 Hz EMFs have not
     electromagnetic fields (EMFs).                                                uncovered consistent evidence
                                                                                   linking harmful effects with
                                                                                   field exposures. Because the
                                                                                   state of the science is
                                                                                   currently inadequate, no
                                                                                   generic conclusion on human
                                                                                   health impacts is possible.
                                                                                   If, in the future, the
                                                                                   Commission finds that a
                                                                                   general agreement has been
                                                                                   reached by appropriate
                                                                                   Federal health agencies that
                                                                                   there are adverse health
                                                                                   effects from EMFs, the
                                                                                   Commission will require
                                                                                   applicants to submit plant-
                                                                                   specific reviews of these
                                                                                   health effects as part of
                                                                                   their application. Until such
                                                                                   time, applicants are not
                                                                                   required to submit
                                                                                   information about this issue.
Operation:
    Operation impacts of chemical,               1  SMALL.......................  The applicant must adhere to
     biological, and physical                                                      all applicable Federal,
     nonradiological hazards.                                                      State, local or Tribal
                                                                                   regulatory limits and permit
                                                                                   conditions for chemical
                                                                                   hazards, biological hazards,
                                                                                   and physical hazards. The
                                                                                   applicant will follow
                                                                                   nonradiological public and
                                                                                   occupational health BMPs and
                                                                                   mitigation measures, as
                                                                                   appropriate.
    Operation impacts of EMFs.........         N/A  Uncertain...................  Studies of 60 Hz EMFs have not
                                                                                   uncovered consistent evidence
                                                                                   linking harmful effects with
                                                                                   field exposures. Because the
                                                                                   state of the science is
                                                                                   currently inadequate, no
                                                                                   generic conclusion on human
                                                                                   health impacts is possible.
                                                                                   If, in the future, the
                                                                                   Commission finds that a
                                                                                   general agreement has been
                                                                                   reached by appropriate
                                                                                   Federal health agencies that
                                                                                   there are adverse health
                                                                                   effects from EMFs, the
                                                                                   Commission will require
                                                                                   applicants to submit plant-
                                                                                   specific reviews of these
                                                                                   health effects as part of
                                                                                   their application. Until such
                                                                                   time, applicants are not
                                                                                   required to submit
                                                                                   information about this issue.
----------------------------------------------------------------------------------------------------------------
                                                      Noise
----------------------------------------------------------------------------------------------------------------
Construction:
    Construction-related noise........           1  SMALL.......................  The noise level would be no
                                                                                   more than 65 dBA at site
                                                                                   boundary, unless a relevant
                                                                                   State or local noise
                                                                                   abatement law or ordinance
                                                                                   sets a different threshold,
                                                                                   which would then be the
                                                                                   presumptive threshold for PPE
                                                                                   purposes. If an applicant
                                                                                   cannot meet the 65 dBA
                                                                                   threshold through mitigation,
                                                                                   then the applicant must
                                                                                   obtain a various or exception
                                                                                   with the relevant State or
                                                                                   local regulator. The project
                                                                                   would implement BMPs,
                                                                                   including such as modeling,
                                                                                   foliage planting,
                                                                                   construction of noise
                                                                                   buffers, and the timing of
                                                                                   construction and/or operation
                                                                                   activities.
Operation:
    Operation-related noise...........           1  SMALL.......................  The noise level would be no
                                                                                   more than 65 dBA at site
                                                                                   boundary, unless a relevant
                                                                                   State or local noise
                                                                                   abatement law or ordinance
                                                                                   sets a different threshold,
                                                                                   which would then be the
                                                                                   presumptive threshold for PPE
                                                                                   purposes. If an applicant
                                                                                   cannot meet the 65 dBA
                                                                                   threshold through mitigation,
                                                                                   then the applicant must
                                                                                   obtain a various or exception
                                                                                   with the relevant State or
                                                                                   local regulator. The project
                                                                                   would implement BMPs,
                                                                                   including such as modeling,
                                                                                   foliage planting,
                                                                                   construction of noise
                                                                                   buffers, and the timing of
                                                                                   construction and/or operation
                                                                                   activities.
----------------------------------------------------------------------------------------------------------------
                                 Waste Management--Radiological Waste Management
----------------------------------------------------------------------------------------------------------------
Operation:

[[Page 80823]]

 
    Low-level radioactive waste (LLRW)           1  SMALL.......................  Applicants must meet the
                                                                                   regulatory requirements of 10
                                                                                   CFR part 20 (e.g., 10 CFR
                                                                                   20.1406 and subpart K), 10
                                                                                   CFR part 61, 10 CFR part 71,
                                                                                   and 10 CFR part 72.
                                                                                   Quantities of LLRW generated
                                                                                   at a new nuclear reactor
                                                                                   would be less than the
                                                                                   quantities of LLRW generated
                                                                                   at existing nuclear power
                                                                                   plants, which generate an
                                                                                   average of 21,200 ft\3\ (600
                                                                                   m\3\) and 2,000 Ci (7.4 x
                                                                                   1013 Bq) per year for boiling
                                                                                   water reactors and half that
                                                                                   amount for pressurized water
                                                                                   reactors.
    Onsite spent nuclear fuel                    1  SMALL.......................  Compliance with 10 CFR part
     management.                                                                   72.
    Mixed waste.......................           1  SMALL.......................  Resource Conservation and
                                                                                   Recovery Act (RCRA) Small
                                                                                   Quantity Generator for Mixed
                                                                                   Waste.
----------------------------------------------------------------------------------------------------------------
                               Waste Management--Nonradiological Waste Management
----------------------------------------------------------------------------------------------------------------
Construction:
    Construction nonradiological waste           1  SMALL.......................  The applicant must meet all
                                                                                   the applicable permit
                                                                                   conditions, regulations, and
                                                                                   BMPs related to solid,
                                                                                   liquid, and gaseous waste
                                                                                   management. For hazardous
                                                                                   waste generation, applicants
                                                                                   must meet conformity with
                                                                                   hazardous waste quantity
                                                                                   generation levels in
                                                                                   accordance with RCRA. For
                                                                                   sanitary waste, applicants
                                                                                   must dispose of sanitary
                                                                                   waste in a permitted process.
                                                                                   For mitigation measures, the
                                                                                   applicant would perform
                                                                                   mitigation measures to the
                                                                                   extent practicable, such as
                                                                                   recycling, process
                                                                                   improvements, or the use of a
                                                                                   less hazardous substance.
Operation:
    Operation nonradiological waste...           1  SMALL.......................  The applicant must meet all
                                                                                   the applicable permit
                                                                                   conditions, regulations, and
                                                                                   BMPs related to solid,
                                                                                   liquid, and gaseous waste
                                                                                   management. For hazardous
                                                                                   waste generation, applicants
                                                                                   must meet conformity with
                                                                                   hazardous waste quantity
                                                                                   generation levels in
                                                                                   accordance with RCRA. For
                                                                                   sanitary waste, applicants
                                                                                   must dispose of sanitary
                                                                                   waste in a permitted process.
                                                                                   For mitigation measures, the
                                                                                   applicant would perform
                                                                                   mitigation measures to the
                                                                                   extent practicable, such as
                                                                                   recycling, process
                                                                                   improvements, or the use of a
                                                                                   less hazardous substance.
----------------------------------------------------------------------------------------------------------------
                                              Postulated Accidents
----------------------------------------------------------------------------------------------------------------
Operation:
    Design Basis Accidents Involving             1  SMALL.......................  For the exclusion area
     Radiological Releases.                                                        boundary, the maximum total
                                                                                   effective dose equivalent for
                                                                                   any 2-hour period during the
                                                                                   radioactivity release should
                                                                                   be calculated. For the low-
                                                                                   population zone, the total
                                                                                   effective dose equivalent
                                                                                   should be calculated for the
                                                                                   duration of the accident
                                                                                   release (i.e., 30 days, or
                                                                                   other duration as justified).
                                                                                   The above calculations should
                                                                                   demonstrate that the design
                                                                                   basis accident doses satisfy
                                                                                   the dose criteria given in
                                                                                   regulations related to the
                                                                                   application (e.g., 10 CFR
                                                                                   50.34(a)(1), 10 CFR
                                                                                   52.17(a)(1), and 10 CFR
                                                                                   52.79(a)(1)), standard review
                                                                                   plans (e.g., standard review
                                                                                   plan criteria, Table 1 in
                                                                                   standard review plan Section
                                                                                   15.0.3 of NUREG-0800), and
                                                                                   Regulatory Guides, (e.g.,
                                                                                   Regulatory Guide 1.183), as
                                                                                   applicable.
    Accidents Involving Releases of              1  SMALL.......................  Reactor inventory of a
     Hazardous Chemicals.                                                          regulated substance is less
                                                                                   than its Threshold Quantity.
                                                                                   Threshold Quantities are
                                                                                   found in 40 CFR 68.130,
                                                                                   Tables 1, 2, 3, and 4; and
                                                                                   Reactor inventory of an
                                                                                   extremely hazardous substance
                                                                                   is less than its Threshold
                                                                                   Planning Quantity. Threshold
                                                                                   Planning Quantities are found
                                                                                   in 40 CFR part 355,
                                                                                   Appendices A and B.
    Severe Accidents..................           2  Undetermined................  Based on the analysis in the
                                                                                   Final Safety Analysis Report/
                                                                                   Preliminary Safety Analysis
                                                                                   Report regarding severe
                                                                                   accidents, if a reactor
                                                                                   design has severe accident
                                                                                   progressions with
                                                                                   radiological or hazardous
                                                                                   chemical releases, then an
                                                                                   environmental risk evaluation
                                                                                   must be performed.
    Severe Accident Mitigation Design            1  SMALL.......................  If a cost-screening analysis
     Alternatives.                                                                 determines that the maximum
                                                                                   benefit for avoiding an
                                                                                   accident is so small that a
                                                                                   severe accident mitigation
                                                                                   design alternative analysis
                                                                                   is not justified based on a
                                                                                   minimum cost to design an
                                                                                   appropriate severe accident
                                                                                   mitigation design
                                                                                   alternative.
    Acts of Terrorism.................           1  SMALL.......................  The environmental impacts of
                                                                                   acts of terrorism and
                                                                                   sabotage only need to be
                                                                                   addressed if a reactor
                                                                                   facility is subject to the
                                                                                   jurisdiction of the U.S.
                                                                                   Court of Appeals for the
                                                                                   Ninth Circuit.
----------------------------------------------------------------------------------------------------------------
                                                 Socioeconomics
----------------------------------------------------------------------------------------------------------------
Construction:
    Community Services and                       1  SMALL.......................  The housing vacancy rate in
     Infrastructure.                                                               the affected economic region
                                                                                   does not change by more than
                                                                                   5 percent, or at least 5
                                                                                   percent of the housing stock
                                                                                   remains available after
                                                                                   accounting for in-migrating
                                                                                   construction workers.
                                                                                   Student:teacher ratios in the
                                                                                   affected economic region do
                                                                                   not exceed locally mandated
                                                                                   levels after including the
                                                                                   school age children of the in-
                                                                                   migrating worker families.
    Transportation Systems and Traffic           1  SMALL.......................  The LOS determination for
                                                                                   affected roadways does not
                                                                                   change. Mitigation measures
                                                                                   may include implementation of
                                                                                   traffic flow management,
                                                                                   management of shift-change
                                                                                   timing, and encouragement of
                                                                                   ride-sharing and use of
                                                                                   public transportation
                                                                                   options, such that LOS values
                                                                                   can be maintained with the
                                                                                   increased volumes.
    Economic Impacts..................           1  Beneficial..................  The economic impacts of
                                                                                   construction and operation of
                                                                                   a new nuclear reactor are
                                                                                   expected to be beneficial;
                                                                                   therefore, this is a Category
                                                                                   1 issue. If, during the
                                                                                   project-specific
                                                                                   environmental review, the NRC
                                                                                   staff determines a detailed
                                                                                   analysis of economic costs
                                                                                   and benefits is needed for
                                                                                   analysis of the range of
                                                                                   alternatives considered or
                                                                                   relevant to mitigation, the
                                                                                   staff may require further
                                                                                   information from the
                                                                                   applicant.

[[Page 80824]]

 
    Tax Revenue Impacts...............           1  Beneficial..................  The tax revenue impacts of
                                                                                   construction and operation of
                                                                                   a new nuclear reactor are
                                                                                   expected to be beneficial;
                                                                                   therefore, this is a Category
                                                                                   1 issue. If, during the
                                                                                   project-specific
                                                                                   environmental review, the NRC
                                                                                   staff determines a detailed
                                                                                   analysis of tax revenue costs
                                                                                   and benefits is needed for
                                                                                   analysis of the range of
                                                                                   alternatives considered or
                                                                                   relevant to mitigation, the
                                                                                   staff may require further
                                                                                   information from the
                                                                                   applicant.
Operation:
    Community Services and                       1  SMALL.......................  The housing vacancy rate in
     Infrastructure.                                                               the affected economic region
                                                                                   does not change by more than
                                                                                   5 percent, or at least 5
                                                                                   percent of the housing stock
                                                                                   remains available after
                                                                                   accounting for in-migrating
                                                                                   construction workers.
                                                                                   Student:teacher ratios in the
                                                                                   affected economic region do
                                                                                   not exceed locally mandated
                                                                                   levels after including the
                                                                                   school age children of the in-
                                                                                   migrating worker families.
    Transportation Systems and Traffic           1  SMALL.......................  The LOS determination for
                                                                                   affected roadways does not
                                                                                   change. Mitigation measures
                                                                                   may include implementation of
                                                                                   traffic flow management,
                                                                                   management of shift-change
                                                                                   timing, and encouragement of
                                                                                   ride-sharing and use of
                                                                                   public transportation
                                                                                   options, such that LOS values
                                                                                   can be maintained with the
                                                                                   increased volumes.
    Economic Impacts..................           1  Beneficial..................  The economic impacts of
                                                                                   construction and operation of
                                                                                   a nuclear reactor are
                                                                                   expected to be beneficial;
                                                                                   therefore, this is a Category
                                                                                   1 issue. If, during the
                                                                                   project-specific
                                                                                   environmental review, the NRC
                                                                                   staff determines a detailed
                                                                                   analysis of economic costs
                                                                                   and benefits is needed for
                                                                                   analysis of the range of
                                                                                   alternatives considered or
                                                                                   relevant to mitigation, the
                                                                                   staff may require further
                                                                                   information from the
                                                                                   applicant.
    Tax Revenue Impacts...............           1  Beneficial..................  The tax revenue impacts of
                                                                                   construction and operation of
                                                                                   a nuclear reactor are
                                                                                   expected to be beneficial;
                                                                                   therefore, this is a Category
                                                                                   1 issue. If, during the
                                                                                   project-specific
                                                                                   environmental review, the NRC
                                                                                   staff determines a detailed
                                                                                   analysis of tax revenue costs
                                                                                   and benefits is needed for
                                                                                   analysis of the range of
                                                                                   alternatives considered or
                                                                                   relevant to mitigation, the
                                                                                   staff may require further
                                                                                   information from the
                                                                                   applicant.
----------------------------------------------------------------------------------------------------------------
                                              Environmental Justice
----------------------------------------------------------------------------------------------------------------
Construction:
    Construction Environmental Justice           2  Undetermined................  Project-specific analysis
     Impacts.                                                                      would be necessary, including
                                                                                   analysis of the presence and
                                                                                   size of specific minority or
                                                                                   low-income populations,
                                                                                   impact pathways derived from
                                                                                   the plant design, layout, or
                                                                                   site characteristics, or
                                                                                   other community
                                                                                   characteristics affecting
                                                                                   specific minority or low-
                                                                                   income populations. In
                                                                                   performing its environmental
                                                                                   justice analysis, the NRC
                                                                                   staff will be guided by the
                                                                                   NRC's ``Policy Statement on
                                                                                   the Treatment of
                                                                                   Environmental Justice Matters
                                                                                   in NRC Regulatory and
                                                                                   Licensing Actions,'' which
                                                                                   was published in the Federal
                                                                                   Register on August 24, 2004
                                                                                   (69 FR 52040).
Operation:
    Operation Environmental Justice              2  Undetermined................  Project-specific analysis
     Impacts.                                                                      would be necessary, including
                                                                                   analysis of the presence and
                                                                                   size of specific minority or
                                                                                   low-income populations,
                                                                                   impact pathways derived from
                                                                                   the plant design, layout, or
                                                                                   site characteristics, or
                                                                                   other community
                                                                                   characteristics affecting
                                                                                   specific minority or low-
                                                                                   income populations. In
                                                                                   performing its environmental
                                                                                   justice analysis, the NRC
                                                                                   staff will be guided by the
                                                                                   NRC's ``Policy Statement on
                                                                                   the Treatment of
                                                                                   Environmental Justice Matters
                                                                                   in NRC Regulatory and
                                                                                   Licensing Actions,'' which
                                                                                   was published in the Federal
                                                                                   Register on August 24, 2004
                                                                                   (69 FR 52040).
----------------------------------------------------------------------------------------------------------------
                                                   Fuel Cycle
----------------------------------------------------------------------------------------------------------------
Operation:
    Uranium Recovery..................           1  SMALL.......................  Table S-3 as codified in 10
                                                                                   CFR 51.51 is expected to
                                                                                   bound the impacts for new
                                                                                   nuclear reactor fuels,
                                                                                   because of uranium fuel cycle
                                                                                   changes since WASH-1248,
                                                                                   including: Increasing use of
                                                                                   in situ leach uranium mining
                                                                                   has lower environmental
                                                                                   impacts than traditional
                                                                                   mining and milling methods.
                                                                                   Current light-water reactors
                                                                                   (LWRs) are using nuclear fuel
                                                                                   more efficiently due to
                                                                                   higher levels of fuel burnup
                                                                                   resulting in less demand for
                                                                                   mining and milling
                                                                                   activities. Less reliance on
                                                                                   coal-fired electrical
                                                                                   generation plants is
                                                                                   resulting in less gaseous
                                                                                   effluent releases from
                                                                                   electrical generation sources
                                                                                   supporting mining and milling
                                                                                   activities. Must satisfy the
                                                                                   regulatory requirements of 10
                                                                                   CFR part 40, Domestic
                                                                                   Licensing of Source Material
                                                                                   and 10 CFR part 71, Packaging
                                                                                   and Transportation of
                                                                                   Radioactive Material.
    Uranium Conversion................           1  SMALL.......................  Table S-3 is expected to bound
                                                                                   the impacts for new nuclear
                                                                                   reactor fuels because of
                                                                                   uranium fuel cycle changes
                                                                                   since WASH-1248, including:
                                                                                   Current LWRs are using
                                                                                   nuclear fuel more efficiently
                                                                                   due to higher levels of fuel
                                                                                   burnup resulting in less
                                                                                   demand for conversion
                                                                                   activities. Less reliance on
                                                                                   coal-fired electrical
                                                                                   generation plants is
                                                                                   resulting in less gaseous
                                                                                   effluent releases from
                                                                                   electrical generation sources
                                                                                   supporting conversion
                                                                                   activities. Must satisfy the
                                                                                   regulatory requirements of 10
                                                                                   CFR part 40, Domestic
                                                                                   Licensing of Source Material
                                                                                   and 10 CFR part 71, Packaging
                                                                                   and Transportation of
                                                                                   Radioactive Material, and 10
                                                                                   CFR part 73, Physical
                                                                                   Protection of Plants and
                                                                                   Materials.

[[Page 80825]]

 
    Enrichment........................           1  SMALL.......................  Table S-3 is expected to bound
                                                                                   the impacts for new nuclear
                                                                                   reactor fuels, because of
                                                                                   uranium fuel cycle changes
                                                                                   since WASH-1248, including:
                                                                                   Transitioning of U.S. uranium
                                                                                   enrichment technology from
                                                                                   gaseous diffusion to gas
                                                                                   centrifugation, which
                                                                                   requires less electrical
                                                                                   usage per separative work
                                                                                   unit. Current LWRs are using
                                                                                   nuclear fuel more efficiently
                                                                                   due to higher levels of fuel
                                                                                   burnup resulting in less
                                                                                   demand for enrichment
                                                                                   activities. Less reliance on
                                                                                   coal-fired electrical
                                                                                   generation plants is
                                                                                   resulting in less gaseous
                                                                                   effluent releases from
                                                                                   electrical generation sources
                                                                                   supporting enrichment
                                                                                   activities. Must satisfy the
                                                                                   regulatory requirements of 10
                                                                                   CFR part 40, Domestic
                                                                                   Licensing of Source Material,
                                                                                   10 CFR part 70, Domestic
                                                                                   Licensing of Special Nuclear
                                                                                   Material, 10 CFR part 71,
                                                                                   Packaging and Transportation
                                                                                   of Radioactive Material, and
                                                                                   10 CFR part 73, Physical
                                                                                   Protection of Plants and
                                                                                   Materials.
    Fuel Fabrication (excluding metal            1  SMALL.......................  Table S-3 is expected to bound
     fuel and liquid-fueled molten                                                 the impacts for new nuclear
     salt).                                                                        reactor fuels, because of
                                                                                   uranium fuel cycle changes
                                                                                   since WASH-1248, including:
                                                                                   Current LWRs are using
                                                                                   nuclear fuel more efficiently
                                                                                   due to higher levels of fuel
                                                                                   burnup resulting in fewer
                                                                                   discharged fuel assemblies to
                                                                                   be fabricated each year and
                                                                                   due to longer time periods
                                                                                   between refueling. Less
                                                                                   reliance on coal-fired
                                                                                   electrical generation plants
                                                                                   is resulting in less gaseous
                                                                                   effluent releases from
                                                                                   electrical generation sources
                                                                                   supporting fabrication. Must
                                                                                   satisfy the regulatory
                                                                                   requirements of 10 CFR part
                                                                                   40, Domestic Licensing of
                                                                                   Source Material, 10 CFR part
                                                                                   70, Domestic Licensing of
                                                                                   Special Nuclear Material, 10
                                                                                   CFR part 71, Packaging and
                                                                                   Transportation of Radioactive
                                                                                   Material, and 10 CFR part 73,
                                                                                   Physical Protection of Plants
                                                                                   and Materials.
    Reprocessing......................           1  SMALL.......................  Table S-3 is expected to bound
                                                                                   the impacts for new nuclear
                                                                                   reactor fuels, because of
                                                                                   uranium fuel cycle changes
                                                                                   since WASH-1248, including:
                                                                                   Current LWRs are using
                                                                                   nuclear fuel more efficiently
                                                                                   due to higher levels of fuel
                                                                                   burnup resulting in fewer
                                                                                   discharged fuel assemblies to
                                                                                   be reprocessed each year.
                                                                                   Less reliance on coal-fired
                                                                                   electrical generation plants
                                                                                   is resulting in less gaseous
                                                                                   effluent releases from
                                                                                   electrical generation sources
                                                                                   supporting reprocessing.
                                                                                   Reprocessing capacity up to
                                                                                   900 MTU/yr Must satisfy the
                                                                                   regulatory requirements of 10
                                                                                   CFR part 40, Domestic
                                                                                   Licensing of Source Material,
                                                                                   10 CFR part 50, Domestic
                                                                                   Licensing of Production and
                                                                                   Utilization Facilities,10 CFR
                                                                                   part 70, Domestic Licensing
                                                                                   of Special Nuclear Material,
                                                                                   10 CFR part 71, Packaging and
                                                                                   Transportation of Radioactive
                                                                                   Material, 10 CFR part 72,
                                                                                   Licensing Requirements for
                                                                                   the Independent Storage of
                                                                                   Spent Fuel, High-Level
                                                                                   Radioactive Waste, and
                                                                                   Reactor-related Greater Than
                                                                                   Class C Waste, and 10 CFR
                                                                                   part 73, Physical Protection
                                                                                   of Plants and Materials.
    Storage and Disposal of                      1  SMALL.......................  Table S-3 is expected to bound
     Radiological Wastes.                                                          the impacts for new nuclear
                                                                                   reactor fuels, because of
                                                                                   uranium fuel cycle changes
                                                                                   since WASH-1248, including:
                                                                                   Current LWRs are using
                                                                                   nuclear fuel more efficiently
                                                                                   due to higher levels of fuel
                                                                                   burnup resulting in fewer
                                                                                   discharged fuel assemblies to
                                                                                   be stored and disposed. Less
                                                                                   reliance on coal-fired
                                                                                   electrical generation plants
                                                                                   is resulting in less gaseous
                                                                                   effluent releases from
                                                                                   electrical generation sources
                                                                                   supporting storage and
                                                                                   disposal. Waste and spent
                                                                                   fuel inventories, as well as
                                                                                   their associated certified
                                                                                   spent fuel shipping and
                                                                                   storage containers, are not
                                                                                   significantly different from
                                                                                   what has been considered for
                                                                                   LWR evaluations in NUREG-
                                                                                   2157. Must satisfy the
                                                                                   regulatory requirements of 10
                                                                                   CFR part 40, Domestic
                                                                                   Licensing of Source Material,
                                                                                   10 CFR part 70, Domestic
                                                                                   Licensing of Special Nuclear
                                                                                   Material, 10 CFR part 71,
                                                                                   Packaging and Transportation
                                                                                   of Radioactive Material, 10
                                                                                   CFR part 72, Licensing
                                                                                   Requirements for the
                                                                                   Independent Storage of Spent
                                                                                   Fuel, High-Level Radioactive
                                                                                   Waste, and Reactor-related
                                                                                   Greater Than Class C Waste,
                                                                                   and 10 CFR part 73, Physical
                                                                                   Protection of Plants and
                                                                                   Materials.
----------------------------------------------------------------------------------------------------------------
                                        Transportation of Fuel and Waste
----------------------------------------------------------------------------------------------------------------
Operation:
    Transportation of Unirradiated               1  SMALL.......................  The maximum annual one-way
     Fuel.                                                                         shipment distance does not
                                                                                   exceed 36,760 mi (59,160 km).
                                                                                   The annual shipments
                                                                                   associated with the one-way
                                                                                   shipment distance have been
                                                                                   normalized to a net
                                                                                   electrical output of 880
                                                                                   MW(e), i.e., 1,100 MW(e) with
                                                                                   an 80 percent capacity factor
                                                                                   from WASH-1238. The maximum
                                                                                   annual round-trip shipment
                                                                                   distance does not exceed
                                                                                   73,520 mi (118,320 km). The
                                                                                   annual shipments associated
                                                                                   with the round-trip shipment
                                                                                   distance have been normalized
                                                                                   to a net electrical output of
                                                                                   880 MW(e), i.e., 1,100 MW(e)
                                                                                   with an 80 percent capacity
                                                                                   factor from WASH-1238.
    Transportation of Radioactive                1  SMALL.......................  The maximum annual round-trip
     Waste.                                                                        shipment distance does not
                                                                                   exceed 182,152 mi (293,145
                                                                                   km). The annual shipments
                                                                                   associated with the round-
                                                                                   trip shipment distance have
                                                                                   been normalized to a net
                                                                                   electrical output of 880
                                                                                   MW(e), i.e., 1,100 MW(e) with
                                                                                   an 80 percent capacity factor
                                                                                   and a shipment volume of 2.34
                                                                                   m\3\/shipment from WASH-1238.
    Transportation of Irradiated Fuel.           1  SMALL.......................  The maximum annual one-way
                                                                                   shipment distance does not
                                                                                   exceed 314,037 mi (505,393
                                                                                   km). The annual shipments
                                                                                   associated with the one-way
                                                                                   shipment distance have been
                                                                                   normalized to a net
                                                                                   electrical output of 880
                                                                                   MW(e), i.e., 1,100 MW(e) with
                                                                                   an 80 percent capacity factor
                                                                                   and a shipment capacity of
                                                                                   0.5 MTU/shipment from WASH-
                                                                                   1238. The maximum annual
                                                                                   round-trip shipment distance
                                                                                   does not exceed 628,073 mi
                                                                                   (1,010,786 km). The annual
                                                                                   shipments associated with the
                                                                                   round-trip shipment distance
                                                                                   have been normalized to a net
                                                                                   electrical output of 880
                                                                                   MW(e), i.e., 1,100 MW(e) with
                                                                                   an 80 percent capacity factor
                                                                                   and a shipment capacity of
                                                                                   0.5 MTU/shipment from WASH-
                                                                                   1238. A maximum peak rod
                                                                                   burnup of 62 GWd/MTU for UO2
                                                                                   fuel and peak pellet burnup
                                                                                   of 133 GWd/MTU for TRi-
                                                                                   structural ISOtropic (TRISO)
                                                                                   fuel.
----------------------------------------------------------------------------------------------------------------

[[Page 80826]]

 
Decommissioning:
    Decommissioning...................           1  SMALL.......................  The environmental impacts for
                                                                                   the following resource areas
                                                                                   were generically addressed in
                                                                                   NUREG-0586, Supplement 1,
                                                                                   would be limited to
                                                                                   operational areas, would not
                                                                                   be detectable or
                                                                                   destabilizing and are
                                                                                   expected to have a negligible
                                                                                   effect on the impacts of
                                                                                   terminating operations and
                                                                                   decommissioning:
                                                                                  --Onsite Land Use.
                                                                                  --Water Use.
                                                                                  --Water Quality.
                                                                                  --Air Quality.
                                                                                  --Aquatic Ecology within the
                                                                                   operational area.
                                                                                  --Terrestrial Ecology within
                                                                                   the operational area.
                                                                                  --Radiological.
                                                                                  --Radiological Accidents (non-
                                                                                   spent-fuel-related).
                                                                                  --Occupational Issues.
                                                                                  --Socioeconomic.
                                                                                  --Onsite Cultural and Historic
                                                                                   Resources for plants where
                                                                                   the disturbance of lands
                                                                                   beyond the operational areas
                                                                                   is not anticipated.
                                                                                  --Aesthetics.
                                                                                  --Noise.
                                                                                  --Transportation.
                                                                                  --Irretrievable Resource.
                                                                                  The following issues were not
                                                                                   addressed in NUREG-0586,
                                                                                   Supplement 1, but have been
                                                                                   determined to be Category 1
                                                                                   issues:
                                                                                  --Non-radiological waste.
                                                                                  ---Greenhouse Gases.
Decommissioning.......................           2  Undetermined................  The following two issues were
                                                                                   identified in NUREG-0586,
                                                                                   Supplement 1, as requiring a
                                                                                   project-specific review:
                                                                                  --Environmental justice.
                                                                                  --Threatened and endangered
                                                                                   species.
                                                                                  Four conditionally project-
                                                                                   specific issues identified in
                                                                                   NUREG-0586, Supplement 1,
                                                                                   will require a project-
                                                                                   specific review if present:
                                                                                  --Land use involving offsite
                                                                                   areas to support
                                                                                   decommissioning activities.
                                                                                  --Aquatic ecology for
                                                                                   activities beyond the
                                                                                   licensed operational area.
                                                                                  --Terrestrial ecology for
                                                                                   activities beyond the
                                                                                   licensed operational area.
                                                                                  --Historic and cultural
                                                                                   resources (archaeological,
                                                                                   architectural, structural,
                                                                                   historic) for activities
                                                                                   within and beyond the
                                                                                   licensed operational area
                                                                                   with no current (i.e., at the
                                                                                   time of decommissioning)
                                                                                   evaluation of resources for
                                                                                   National Register of Historic
                                                                                   Places (NRHP) eligibility.
                                                                                  Additionally, the following
                                                                                   two environmental resource
                                                                                   areas are additional
                                                                                   decommissioning impacts that
                                                                                   require project-specific
                                                                                   review:
                                                                                  --Climate Change: the effects
                                                                                   of climate change are
                                                                                   location-specific and cannot,
                                                                                   therefore, be evaluated
                                                                                   generically (see Section
                                                                                   1.4.3.2.2, Category 2 Issues
                                                                                   Applying Across Resources, of
                                                                                   NUREG-2249, ``Generic
                                                                                   Environmental Impact
                                                                                   Statement for Licensing of
                                                                                   New Nuclear Reactors'').
                                                                                  --Cumulative: must be
                                                                                   considered on a project-
                                                                                   specific basis where impacts
                                                                                   would depend on regional
                                                                                   resource characteristics, the
                                                                                   resource specific impacts of
                                                                                   the project, and the
                                                                                   cumulative significance of
                                                                                   other factors affecting the
                                                                                   resource. (see Section
                                                                                   1.4.3.2.2, Category 2 Issues
                                                                                   Applying Across Resources, of
                                                                                   NUREG-2249, ``Generic
                                                                                   Environmental Impact
                                                                                   Statement for Licensing of
                                                                                   New Nuclear Reactors'').
----------------------------------------------------------------------------------------------------------------
                                        Issues Applying Across Resources
----------------------------------------------------------------------------------------------------------------
Climate Change........................           2  Undetermined................  The effects of climate change
                                                                                   are location-specific and
                                                                                   cannot, therefore, be
                                                                                   evaluated generically. For
                                                                                   example, while climate change
                                                                                   may cause many areas to
                                                                                   receive less than average
                                                                                   annual precipitation, other
                                                                                   areas may see an increase in
                                                                                   average annual precipitation.
                                                                                   Therefore, applicants and
                                                                                   staff would address the
                                                                                   effects of climate change in
                                                                                   the environmental documents
                                                                                   for new nuclear reactor
                                                                                   licensing.
Cumulative Impacts....................           2  Undetermined................  Applications must individually
                                                                                   consider the cumulative
                                                                                   impacts from past, present,
                                                                                   and reasonably foreseeable
                                                                                   future actions known to occur
                                                                                   at specific sites for
                                                                                   proposed new nuclear
                                                                                   reactors, and briefly present
                                                                                   those considerations in
                                                                                   supplemental NEPA
                                                                                   documentation. The staff
                                                                                   would explain whether these
                                                                                   individualized evaluations of
                                                                                   potential cumulative impacts
                                                                                   alter any of the generic
                                                                                   analyses and conclusions
                                                                                   relied upon for Category 1
                                                                                   issues. The individualized
                                                                                   cumulative impact analyses
                                                                                   may also identify
                                                                                   opportunities where staff
                                                                                   might rely upon the generic
                                                                                   analyses for some Category 1
                                                                                   issues for which certain of
                                                                                   the PPE or SPE values and
                                                                                   assumptions might be
                                                                                   exceeded.
----------------------------------------------------------------------------------------------------------------
                                           Non-Resource Related Issues
----------------------------------------------------------------------------------------------------------------
Purpose and Need......................           2  Undetermined................  Must be described in the
                                                                                   environmental report
                                                                                   associated with a given
                                                                                   application.
Need for Power........................           2  Undetermined................  Must be described in the
                                                                                   environmental report
                                                                                   associated with a given
                                                                                   application.
Site Alternatives.....................           2  Undetermined................  Must be described in the
                                                                                   environmental report
                                                                                   associated with a given
                                                                                   application.
Energy Alternatives...................           2  Undetermined................  Must be described in the
                                                                                   environmental report
                                                                                   associated with a given
                                                                                   application.
System Design Alternatives............           2  Undetermined................  Must be described in the
                                                                                   environmental report
                                                                                   associated with a given
                                                                                   application.
----------------------------------------------------------------------------------------------------------------
\1\ Data supporting this table are contained in NUREG-2249, ``Generic Environmental Impact Statement for
  Licensing of New Nuclear Reactors'' (September 2024).
\2\ The categories are defined as follows:
Category 1 issues--environmental issues for which the NRC has been able to make a generic finding of SMALL
  adverse environmental impacts, or beneficial impacts, provided that the applicant's proposed reactor facility
  and site meet or are bounded by relevant values and assumptions in the PPE and SPE that support the generic
  finding for that Category issue.

[[Page 80827]]

 
Category 2 issues--Environmental issues for which a generic finding regarding the environmental impacts cannot
  be reached because the issue requires the consideration of project-specific information that can only be
  evaluated once the proposed site is identified. The impact significance (i.e., SMALL, MODERATE, or LARGE) for
  these issues will be determined in a project-specific evaluation.
N/A--Issues related to exposure to electromagnetic fields (EMFs) for which there is no national scientific
  agreement regarding adverse health effects.
\3\ A finding of SMALL impacts means that environmental effects are not detectable or are so minor that they
  will neither destabilize nor noticeably alter any important attribute of the resource. For the purposes of
  assessing radiological impacts, the Commission has concluded that those impacts that do not exceed permissible
  levels in the Commission's regulations are considered SMALL as the term is used in this table. For issues
  where probability is a key consideration (i.e., accident consequences), probability was a factor in
  determining significance.
\4\ Because the Category 2 issues require a project-specific review, there are no associated values and
  assumptions of the plant parameter envelope and site parameter envelope. A brief summary explanation for the
  designation of the Category 2 issues is provided in lieu of values and assumptions.


    Dated: September 25, 2024.

    For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
[FR Doc. 2024-22385 Filed 10-3-24; 8:45 am]
BILLING CODE 7590-01-P

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