DOE CHANGES THE NEPA REVIEW PROCESS - WHAT ARE THE IMPACTS ON NUCLEAR PROJECTS AND THE HOST COMMUNITY?
Accelerating nuclear projects has been a long-time mantra of Energy Communities Alliance and our communities. A key part of the acceleration has been the reliance by local governments on DOE, the Nuclear Regulatory Commission (NRC) and State regulators’ analysis and oversight, DOE and private industry engaging and involving local governments in decision-making, analysis of the impact of a project (transportation, human health impacts, socioeconomic and environmental impacts and public safety), if any on the community, and the ability, where DOE or the private party does not want to engage with the local community, to promote transparency and provide municipalities and stakeholders with the opportunity to comment publicly and have the comments considered in the project.
On February 2 (Monday), DOE issued a notice establishing a new National Environmental Policy Act (NEPA) categorical exclusion (“CATEX”) for certain advanced nuclear reactor projects. The categorical exclusion applies to DOE actions related to the authorization, siting, construction, operation, reauthorization, and decommissioning of advanced reactors that meet specified safety and waste-management criteria – the whole fuel cycle for a reactor. In the past DOE could not issue a CATEX for these projects and typically undertook an Environmental Assessment or an Environmental Impact Statement which analyzes the impact of the project and has a robust community engagement process. A CATEX does not have the same level of study or engagement.
According to DOE, the CATEX is intended to apply to advanced reactor projects such as microreactors, SMRs, and Gen III+ and Gen IV designs, including DOE-authorized demonstration, testing, pilot, and deployment projects, where design features, fuel type, and fission product inventory limit the potential for offsite environmental impacts. DOE identifies that DOD, NRC and DOE have learned a lot and the technologies have evolved and the full analysis and study is not needed and only increases the time of the projects.
Energy Communities Alliance, as noted above wants to see projects move forward and we are analyzing DOE’s notice and the new option for DOE to use a CATEX. We ask ECA members and others to send us the pros and cons of the CATEX and ECA will provide comments to DOE on the issues. We also hope to speak with DOE about how this will move projects forward quicker with the same level of safety and local government input and engagement.
DOE’s key language for issuing a CATEX is now:
Authorization, siting, construction, operation, reauthorization, and decommissioning of advanced nuclear reactors, provided DOE determines that:
(1) the project's attributes, including potential fission product inventory, fuel type, reactor design, and operational plans, reduce sufficiently the risk of adverse offsite consequences from the release of radioactive or hazardous materials, and
(2) the project demonstrates that any hazardous waste, radioactive waste, or spent nuclear fuel generated by the project can be managed in accordance with applicable requirements.
For the purposes of this category, a project may include multiple reactors within a nuclear facility.
DOE's full written record to explain the basis for the new categorical exclusion, including a discussion of relevant NEPA reviews, is available at https://www.energy.gov/nepa/articles/notice-new-categorical-exclusion-advanced-nuclear-reactors-february-2026
In summary, advanced nuclear reactors have key attributes such as safety features, fuel type, and fission product inventory that limit adverse consequences from releases of radioactive or hazardous material from construction, operation, and decommissioning. Although past advanced reactor projects have been for solely experimental, testing and demonstration purposes, the advanced fuel forms, inherently safe designs, and inventories of potential fission products associated with these reactors indicate that reactors in this category developed for additional purposes, such as power production and industrial applications, are also appropriate for this categorical exclusion.
Advanced reactor projects in this category typically employ inherent safety features and passive safety systems, in addition to well-established fuel, coolant, and structural materials that support their associated DOE safety design basis. Performance of these fuels, systems, and materials is sufficient to provide reasonable assurance of adequate protection to the public, workers, and environment. New reactor designs and their associated fuels ensure containment of radionuclides in the event of an accident. Operational periods for these projects will be bounded by the potential fission product inventory and will vary depending on the design and fuel type. Previously completed NEPA reviews have established that advanced reactors, including construction, operation, and decommissioning, characterized by technologies and materials (1) that have been verified to prevent adverse offsite consequences from release of radioactive or hazardous materials and (2) demonstrate that any hazardous waste, radioactive waste, or spent nuclear fuel generated by the project can be managed in accordance with applicable requirements do not significantly affect the quality of the human environment.
DOE is adding the new categorical exclusion for advanced nuclear reactors to its NEPA implementing procedures published outside the Code of Federal Regulations. DOE previously received public comments requesting that DOE add a categorical exclusion for nuclear power reactors ( e.g.,84 FR 34074). DOE has elected voluntarily to solicit comments on its new categorical exclusion for advanced nuclear reactors. DOE is soliciting comment on this new categorical exclusion and the associated written record, and may make revisions to this categorical exclusion, if DOE's review of any comments submitted suggests that further revisions are warranted. Commenters have 30 days from the date of publication of this notice to submit comments.