Sec. 121. Modernization of nuclear reactor environmental reviews
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Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this section referred to as the Commission ) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the efforts of the Commission to facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications, including through expanded use of categorical exclusions, environmental assessments, and generic environmental impact statements.
In completing the report under subsection (a), the Commission shall— describe the actions the Commission will take to implement the amendments to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) made by section 321 of the Fiscal Responsibility Act of 2023; consider— using through adoption, incorporation by reference, or other appropriate means, categorical exclusions, environmental assessments, and environmental impact statements prepared by other Federal agencies to streamline environmental reviews of nuclear reactor applications by the Commission; using categorical exclusions, environmental assessments, and environmental impact statements prepared by the Commission to streamline environmental reviews of nuclear reactor applications by the Commission; using mitigated findings of no significant impact in environmental reviews of nuclear reactor applications by the Commission to reduce the impact of a proposed action to a level that is not significant; the extent to which the Commission may rely on prior studies or analyses prepared by Federal, State, and local governmental permitting agencies to streamline environmental reviews of nuclear reactor applications by the Commission; opportunities to coordinate the development of environmental assessments and environmental impact statements with other Federal agencies to avoid duplicative environmental reviews and to streamline environmental reviews of nuclear reactor applications by the Commission; opportunities to streamline formal and informal consultations and coordination with other Federal, State, and local governmental permitting agencies during environmental reviews of nuclear reactor applications by the Commission; opportunities to streamline the Commission’s analyses of alternatives, including the Commission’s analysis of alternative sites, in environmental reviews of nuclear reactor applications by the Commission; establishing new categorical exclusions that could be applied to actions relating to new nuclear reactors applications; amending section 51.20(b) of title 10, Code of Federal Regulations, to allow the Commission to determine on a case-specific basis whether an environmental assessment (rather than an environmental impact statement or supplemental environmental impact statement) is appropriate for a particular nuclear reactor application, including in proceedings in which the Commission relies upon a generic environmental impact statement for advanced nuclear reactors; authorizing the use of an applicant’s environmental impact statement as the Commission’s draft environmental impact statement, consistent with section 107(f) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(f) ); opportunities to adopt online and digital technologies, including technologies that would allow applicants and cooperating agencies to upload documents and coordinate with the Commission to edit documents in real time, that would streamline communications between— the Commission and applicants; and the Commission and other relevant cooperating agencies; in addition to implementing measures under subsection (c), potential revisions to part 51 of title 10, Code of Federal Regulations, and relevant Commission guidance documents, to— facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications; assist decision-making about relevant environmental issues; maintain openness with the public; meet obligations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and reduce burdens on licensees, applicants, and the Commission; and include a schedule for promulgating the rule required under subsection (c).
Not later than 2 years after the submission of the report under subsection (a), the Commission shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Commission under subsection (b)(2) that are necessary to streamline the Commission’s review of nuclear reactor applications.
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