The Department of Energy (DOE) published a notice in the Federal Register that establishes a new categorical exclusion for new nuclear reactors from National Environmental Policy Act (NEPA) review.
This notice excludes the authorization, siting, construction, operation, reauthorization, and decommissioning of advanced nuclear reactors from NEPA review if DOE determines that the project's attributes sufficiently reduce the risk of adverse impacts from the release of radioactive materials, and the project owners demonstrate that any hazardous or radioactive waste can be managed in accordance with applicable requirements.
DOE has included this new categorical exclusion in section B5.26 of its NEPA Implementing Procedures, which may be viewed here.
In the notice, DOE argues that current advanced reactor designs typically employ inherent safety features, as well as well-established fuel, coolant, and structural materials, that support their DOE safety design basis. DOE also says that the performance of these systems and materials is sufficient to provide a reasonable assurance of protection to the public and the environment. The agency added that new reactor designs ensure that hazardous or radioactive materials are adequately contained in the event of an accident.
This new categorical exclusion became effective yesterday, February 2. The agency is soliciting public comments on the notice, due by March 4, 2026.
