I 

116TH CONGRESS 

2D SESSION H. R. 7817 

To direct the Nuclear Regulatory Commission to submit a report on facilitating 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 reviews of nuclear reactors through expanded use of categorical exclusions, environmental assessments, and generic environmental impact statements, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Modernize Nuclear Re5 actor Environmental Reviews Act’’. 


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1 SEC. 2. FACILITATION OF EFFICIENT ENVIRONMENTAL RE2 VIEWS. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Nuclear Regulatory 

5 Commission shall submit to the Committee on Environ6 ment and Public Works of the Senate and the Committee 

7 on Energy and Commerce of the House of Representatives 

8 a report on facilitating efficient, timely environmental re9 views of nuclear reactors through expanded use of categor10 ical exclusions, environmental assessments, and generic 

11 environmental impact statements. 

12 (b) REPORT.—In completing the report under sub13 section (a), the Nuclear Regulatory Commission shall— 

14 (1) consider— 

15 (A) the use of categorical exclusions, envi16 ronmental assessments, and generic environ17 mental impact statements by other Federal 

18 agencies and the applicability of such categor19 ical exclusions, environmental assessments, and 

20 generic environmental impact statements for ac21 tions relating to nuclear reactors; 

22 (B) existing categorical exclusions, environ23 mental assessments, and generic environmental 

24 impact statements of the Commission that 

25 could be applied in whole or in part to construcVerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7817.IH H7817

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1 tion permits, early site permits, or combined li2 cense applications for nuclear reactors; 

3 (C) the potential to use other Federal or 

4 State environmental permitting, or permitting 

5 from units of local government, in lieu of some 

6 portion of the environmental impact statement, 

7 or environmental assessment, for an action re8 lating to a nuclear reactor; 

9 (D) opportunities to coordinate the devel10 opment of environmental assessments or envi11 ronmental impact statements with other Fed12 eral agencies for greater efficiency; and 

13 (E) new categorical exclusions that could 

14 be applied to actions relating to advanced nu15 clear reactors (as defined in section 3 of the 

16 Nuclear Energy Innovation and Modernization 

17 Act (42 U.S.C. 2215 note)); and 

18 (2) include a schedule for promulgating the rule 

19 required under subsection (c). 

20 (c) RULEMAKING.— 

21 (1) IN GENERAL.—Not later than 3 years after 

22 the date of enactment of this Act, the Nuclear Regu23 latory Commission shall promulgate a final rule— 

24 (A) establishing an optional generic envi25 ronmental impact statement for actions relating 


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1 to nuclear reactors that may be used in the 

2 process for issuing a construction permit, early 

3 site permit, or combined license; and 

4 (B) amending section 51.20 of title 10, 

5 Code of Federal Regulations, to eliminate the 

6 list in such section of types of actions that re7 quire an environmental impact statement or a 

8 supplement to an environmental impact state9 ment to allow for the use of environmental as10 sessments and categorical exclusions for such 

11 actions, as appropriate. 

12 (2) REQUIREMENTS.—To the maximum extent 

13 practicable, in promulgating the final rule under 

14 paragraph (1), the Nuclear Regulatory Commission 

15 shall take into account the considerations described 

16 in subsection (b)(1). 

Æ 


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