I 

117TH CONGRESS 

1ST SESSION H. R. 1559 

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 

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 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 the efforts of the Nuclear Regulatory Commis9 sion to facilitate efficient, timely environmental reviews of 

10 nuclear reactors, including through expanded use of cat11 egorical exclusions, environmental assessments, and ge12 neric environmental impact statements. 

13 (b) REPORT.—In completing the report under sub14 section (a), the Nuclear Regulatory Commission shall— 

15 (1) consider— 

16 (A) the use of categorical exclusions and 

17 supporting analyses, environmental assessments 

18 and supporting analyses, and generic environ19 mental impact statements and supporting anal20 yses, by other Federal agencies and the applica21 bility of such categorical exclusions, environ22 mental assessments, generic environmental im23 pact statements, and supporting analyses, for 

24 actions relating to nuclear reactors; 

25 (B) existing categorical exclusions and sup26 porting analyses, environmental assessments 


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1 and supporting analyses, and generic environ2 mental impact statements and supporting anal3 yses of the Commission, that could be applied 

4 in whole or in part to actions relating to nu5 clear reactors; 

6 (C) the potential to use mitigated categor7 ical exclusions, and mitigated findings of no sig8 nificant impact, for actions relating to nuclear 

9 reactors to reduce the impact of the applicable 

10 proposed action to a level that is not signifi11 cant; 

12 (D) the potential to use other Federal or 

13 State environmental permitting, or permitting 

14 from units of local government, including re15 lated supporting analyses, in lieu of some por16 tion of the environmental impact statement, or 

17 environmental assessment, for an action relat18 ing to a nuclear reactor; 

19 (E) opportunities to coordinate the devel20 opment of environmental assessments or envi21 ronmental impact statements with other Fed22 eral agencies for greater efficiency; 

23 (F) opportunities to enhance formal and 

24 informal consultations or coordination with 

25 other Federal agencies, State agencies, and 


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1 units of local government to facilitate timely 

2 and efficient reviews and authorization deci3 sions relating to nuclear reactors by such agen4 cies and units, as applicable; 

5 (G) opportunities to improve the analyses 

6 of alternatives to proposed actions that are re7 quired in environmental impact statements; 

8 (H) new categorical exclusions that could 

9 be applied to actions relating to nuclear reac10 tors; and 

11 (I) potential revisions to part 51 of title 

12 10, Code of Federal Regulations, to— 

13 (i) facilitate efficient environmental 

14 reviews of actions relating to nuclear reac15 tors; 

16 (ii) assist decision-making about rel17 evant environmental issues; 

18 (iii) maintain openness with the pub19 lic; 

20 (iv) meet obligations under the Na21 tional Environmental Policy Act of 1969; 

22 and 

23 (v) reduce burdens on licensees, appli24 cants, and the Nuclear Regulatory Com25 mission; and 


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1 (2) include a schedule for promulgating the rule 

2 required under subsection (c). 

3 (c) RULEMAKING.— 

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

5 the date of enactment of this Act, the Nuclear Regu6 latory Commission shall promulgate a final rule— 

7 (A) establishing an optional generic envi8 ronmental impact statement that may be used 

9 in the licensing process for nuclear reactors, in10 cluding the process for issuing a construction 

11 permit, early site permit, operating license, or 

12 combined license; and 

13 (B) amending section 51.20 of title 10, 

14 Code of Federal Regulations, to eliminate or 

15 modify the list in such section of types of ac16 tions that require an environmental impact 

17 statement or a supplement to an environmental 

18 impact statement to allow for the use of envi19 ronmental assessments and categorical exclu20 sions for such actions, as appropriate. 

21 (2) REQUIREMENTS.—To the maximum extent 

22 practicable, in promulgating the final rule under 

23 paragraph (1), the Nuclear Regulatory Commission 


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1 shall take into account the considerations described 

2 in subsection (b)(1). 

Æ 


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