Modernize Nuclear Reactor Environmental Reviews Act

I 116TH CONGRESS 2D SESSION H. R. 7817 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 JULY 29, 2020 Mr. DUNCAN (for himself and Mr. FLORES) 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 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7817.IH H7817 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7817 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 facilitating efficient, timely environmental re- 8 views of nuclear reactors through expanded use of categor- 9 ical exclusions, environmental assessments, and generic 10 environmental impact statements. 11 (b) REPORT.—In completing the report under sub- 12 section (a), the Nuclear Regulatory Commission shall— 13 (1) consider— 14 (A) the use of categorical exclusions, envi- 15 ronmental assessments, and generic environ- 16 mental impact statements by other Federal 17 agencies and the applicability of such categor- 18 ical exclusions, environmental assessments, and 19 generic environmental impact statements for ac- 20 tions relating to nuclear reactors; 21 (B) existing categorical exclusions, environ- 22 mental assessments, and generic environmental 23 impact statements of the Commission that 24 could be applied in whole or in part to construc- 25 VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7817.IH H7817 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7817 IH tion permits, early site permits, or combined li- 1 cense applications for nuclear reactors; 2 (C) the potential to use other Federal or 3 State environmental permitting, or permitting 4 from units of local government, in lieu of some 5 portion of the environmental impact statement, 6 or environmental assessment, for an action re- 7 lating to a nuclear reactor; 8 (D) opportunities to coordinate the devel- 9 opment of environmental assessments or envi- 10 ronmental impact statements with other Fed- 11 eral agencies for greater efficiency; and 12 (E) new categorical exclusions that could 13 be applied to actions relating to advanced nu- 14 clear reactors (as defined in section 3 of the 15 Nuclear Energy Innovation and Modernization 16 Act (42 U.S.C. 2215 note)); and 17 (2) include a schedule for promulgating the rule 18 required under subsection (c). 19 (c) RULEMAKING.— 20 (1) IN GENERAL.—Not later than 3 years after 21 the date of enactment of this Act, the Nuclear Regu- 22 latory Commission shall promulgate a final rule— 23 (A) establishing an optional generic envi- 24 ronmental impact statement for actions relating 25 VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7817.IH H7817 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7817 IH to nuclear reactors that may be used in the 1 process for issuing a construction permit, early 2 site permit, or combined license; and 3 (B) amending section 51.20 of title 10, 4 Code of Federal Regulations, to eliminate the 5 list in such section of types of actions that re- 6 quire an environmental impact statement or a 7 supplement to an environmental impact state- 8 ment to allow for the use of environmental as- 9 sessments and categorical exclusions for such 10 actions, as appropriate. 11 (2) REQUIREMENTS.—To the maximum extent 12 practicable, in promulgating the final rule under 13 paragraph (1), the Nuclear Regulatory Commission 14 shall take into account the considerations described 15 in subsection (b)(1). 16 Æ VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7817.IH H7817 pamtmann on DSKBC07HB2PROD with BILLS