[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1559 Introduced in House (IH)]
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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.
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IN THE HOUSE OF REPRESENTATIVES
March 3, 2021
Mr. Duncan introduced the following bill; which was referred to the
Committee on Energy and Commerce
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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernize Nuclear Reactor
Environmental Reviews Act''.
SEC. 2. FACILITATION OF EFFICIENT ENVIRONMENTAL REVIEWS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Nuclear Regulatory 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 Nuclear Regulatory Commission to
facilitate efficient, timely environmental reviews of nuclear reactors,
including through expanded use of categorical exclusions, environmental
assessments, and generic environmental impact statements.
(b) Report.--In completing the report under subsection (a), the
Nuclear Regulatory Commission shall--
(1) consider--
(A) the use of categorical exclusions and
supporting analyses, environmental assessments and
supporting analyses, and generic environmental impact
statements and supporting analyses, by other Federal
agencies and the applicability of such categorical
exclusions, environmental assessments, generic
environmental impact statements, and supporting
analyses, for actions relating to nuclear reactors;
(B) existing categorical exclusions and supporting
analyses, environmental assessments and supporting
analyses, and generic environmental impact statements
and supporting analyses of the Commission, that could
be applied in whole or in part to actions relating to
nuclear reactors;
(C) the potential to use mitigated categorical
exclusions, and mitigated findings of no significant
impact, for actions relating to nuclear reactors to
reduce the impact of the applicable proposed action to
a level that is not significant;
(D) the potential to use other Federal or State
environmental permitting, or permitting from units of
local government, including related supporting
analyses, in lieu of some portion of the environmental
impact statement, or environmental assessment, for an
action relating to a nuclear reactor;
(E) opportunities to coordinate the development of
environmental assessments or environmental impact
statements with other Federal agencies for greater
efficiency;
(F) opportunities to enhance formal and informal
consultations or coordination with other Federal
agencies, State agencies, and units of local government
to facilitate timely and efficient reviews and
authorization decisions relating to nuclear reactors by
such agencies and units, as applicable;
(G) opportunities to improve the analyses of
alternatives to proposed actions that are required in
environmental impact statements;
(H) new categorical exclusions that could be
applied to actions relating to nuclear reactors; and
(I) potential revisions to part 51 of title 10,
Code of Federal Regulations, to--
(i) facilitate efficient environmental
reviews of actions relating to nuclear
reactors;
(ii) assist decision-making about relevant
environmental issues;
(iii) maintain openness with the public;
(iv) meet obligations under the National
Environmental Policy Act of 1969; and
(v) reduce burdens on licensees,
applicants, and the Nuclear Regulatory
Commission; and
(2) include a schedule for promulgating the rule required
under subsection (c).
(c) Rulemaking.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Nuclear Regulatory Commission shall
promulgate a final rule--
(A) establishing an optional generic environmental
impact statement that may be used in the licensing
process for nuclear reactors, including the process for
issuing a construction permit, early site permit,
operating license, or combined license; and
(B) amending section 51.20 of title 10, Code of
Federal Regulations, to eliminate or modify the list in
such section of types of actions that require an
environmental impact statement or a supplement to an
environmental impact statement to allow for the use of
environmental assessments and categorical exclusions
for such actions, as appropriate.
(2) Requirements.--To the maximum extent practicable, in
promulgating the final rule under paragraph (1), the Nuclear
Regulatory Commission shall take into account the
considerations described in subsection (b)(1).
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