Modernize Nuclear Reactor Environmental Reviews Act

I 117TH CONGRESS 1ST SESSION H. R. 1559 To direct the Nuclear Regulatory Commission to submit a report on facili- tating efficient, timely environmental reviews of nuclear reactors through expanded use of categorical exclusions, environmental assessments, and generic environmental impact statements, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 3, 2021 Mr. DUNCAN introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Nuclear Regulatory Commission to submit a report on facilitating efficient, timely environmental re- views of nuclear reactors through expanded use of cat- egorical exclusions, environmental assessments, and ge- neric environmental impact statements, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Modernize Nuclear Re- 4 actor Environmental Reviews Act’’. 5 VerDate Sep 11 2014 22:08 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1559.IH H1559 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1559 IH SEC. 2. FACILITATION OF EFFICIENT ENVIRONMENTAL RE- 1 VIEWS. 2 (a) IN GENERAL.—Not later than 180 days after the 3 date of enactment of this Act, the Nuclear Regulatory 4 Commission shall submit to the Committee on Environ- 5 ment and Public Works of the Senate and the Committee 6 on Energy and Commerce of the House of Representatives 7 a report on the efforts of the Nuclear Regulatory Commis- 8 sion to facilitate efficient, timely environmental reviews of 9 nuclear reactors, including through expanded use of cat- 10 egorical exclusions, environmental assessments, and ge- 11 neric environmental impact statements. 12 (b) REPORT.—In completing the report under sub- 13 section (a), the Nuclear Regulatory Commission shall— 14 (1) consider— 15 (A) the use of categorical exclusions and 16 supporting analyses, environmental assessments 17 and supporting analyses, and generic environ- 18 mental impact statements and supporting anal- 19 yses, by other Federal agencies and the applica- 20 bility of such categorical exclusions, environ- 21 mental assessments, generic environmental im- 22 pact statements, and supporting analyses, for 23 actions relating to nuclear reactors; 24 (B) existing categorical exclusions and sup- 25 porting analyses, environmental assessments 26 VerDate Sep 11 2014 22:08 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1559.IH H1559 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1559 IH and supporting analyses, and generic environ- 1 mental impact statements and supporting anal- 2 yses of the Commission, that could be applied 3 in whole or in part to actions relating to nu- 4 clear reactors; 5 (C) the potential to use mitigated categor- 6 ical exclusions, and mitigated findings of no sig- 7 nificant impact, for actions relating to nuclear 8 reactors to reduce the impact of the applicable 9 proposed action to a level that is not signifi- 10 cant; 11 (D) the potential to use other Federal or 12 State environmental permitting, or permitting 13 from units of local government, including re- 14 lated supporting analyses, in lieu of some por- 15 tion of the environmental impact statement, or 16 environmental assessment, for an action relat- 17 ing to a nuclear reactor; 18 (E) opportunities to coordinate the devel- 19 opment of environmental assessments or envi- 20 ronmental impact statements with other Fed- 21 eral agencies for greater efficiency; 22 (F) opportunities to enhance formal and 23 informal consultations or coordination with 24 other Federal agencies, State agencies, and 25 VerDate Sep 11 2014 22:08 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1559.IH H1559 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1559 IH units of local government to facilitate timely 1 and efficient reviews and authorization deci- 2 sions relating to nuclear reactors by such agen- 3 cies and units, as applicable; 4 (G) opportunities to improve the analyses 5 of alternatives to proposed actions that are re- 6 quired in environmental impact statements; 7 (H) new categorical exclusions that could 8 be applied to actions relating to nuclear reac- 9 tors; and 10 (I) potential revisions to part 51 of title 11 10, Code of Federal Regulations, to— 12 (i) facilitate efficient environmental 13 reviews of actions relating to nuclear reac- 14 tors; 15 (ii) assist decision-making about rel- 16 evant environmental issues; 17 (iii) maintain openness with the pub- 18 lic; 19 (iv) meet obligations under the Na- 20 tional Environmental Policy Act of 1969; 21 and 22 (v) reduce burdens on licensees, appli- 23 cants, and the Nuclear Regulatory Com- 24 mission; and 25 VerDate Sep 11 2014 22:08 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1559.IH H1559 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1559 IH (2) include a schedule for promulgating the rule 1 required under subsection (c). 2 (c) RULEMAKING.— 3 (1) IN GENERAL.—Not later than 3 years after 4 the date of enactment of this Act, the Nuclear Regu- 5 latory Commission shall promulgate a final rule— 6 (A) establishing an optional generic envi- 7 ronmental impact statement that may be used 8 in the licensing process for nuclear reactors, in- 9 cluding the process for issuing a construction 10 permit, early site permit, operating license, or 11 combined license; and 12 (B) amending section 51.20 of title 10, 13 Code of Federal Regulations, to eliminate or 14 modify the list in such section of types of ac- 15 tions that require an environmental impact 16 statement or a supplement to an environmental 17 impact statement to allow for the use of envi- 18 ronmental assessments and categorical exclu- 19 sions for such actions, as appropriate. 20 (2) REQUIREMENTS.—To the maximum extent 21 practicable, in promulgating the final rule under 22 paragraph (1), the Nuclear Regulatory Commission 23 VerDate Sep 11 2014 22:08 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1559.IH H1559 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1559 IH shall take into account the considerations described 1 in subsection (b)(1). 2 Æ VerDate Sep 11 2014 22:08 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1559.IH H1559 kjohnson on DSK79L0C42PROD with BILLS