FW: Heinous? DOE excludes "advanced reactors" from public NEPA review?! Fed. Reg. Feb. 2

[Ellen Thomas]

On 2/2/26 7:53 AM, 'Tom Clements' via Bananas wrote:

Somebody please help interpret this DOE notice published on Feb. 2, 2026. Does it allow for exemption from a public NEPA review for DOE "advanced reactors" by simply declaring that a "categorical exclusion" (CX, or CE) could apply to them? I think the notice states that a categorical exclusion could simply be issued by DOE about a reactor's potential environmental impacts in lieu of conducting a full, public EIS review. Or not?  This looks very ominous. What do lawyers and NEPA experts amongst you think?   Tom

Federal Register / Vol. 91, No. 21 / Monday, February 2, 2026 / Notices

https://www.govinfo.gov/content/pkg/FR-2026-02-02/pdf/2026-02071.pdf

DEPARTMENT OF ENERGY
[DOE–HQ–2025–0405]
Categorical Exclusion for Advanced
Nuclear Reactors
AGENCY : Department of Energy.
ACTION : Notice of new categorical exclusion and request for comment.
SUMMARY : The U.S. Department of Energy (DOE or the Department) is establishing a categorical exclusion for authorization, siting, construction, operation, reauthorization, and decommissioning of advanced nuclear reactors for inclusion in its National Environmental Policy Act (NEPA) implementing procedures. DOE is including the categorical exclusion in the component of its NEPA implementing procedures that it maintains outside of the Code of Federal Regulations. The new categorical exclusion is based on the experience of DOE and other Federal agencies, current technologies, regulatory requirements, and accepted industry practice.
DATES : This new categorical exclusion is effective on February 2, 2026.
Comments on the new categorical exclusion are due by March 4, 2026.
ADDRESSES : This notice and the written record for this categorical exclusion are available on the DOE NEPA website at www.energy.gov/nepa. Also, documents relevant to this notice, including this
notice and the written record, are posted on the Federal eRulemaking Portal at www.regulations.gov (Docket: DOE–HQ–2025–0405).
Submit comments, labeled ‘‘DOE categorical exclusion for advanced nuclear reactors,’’ using the Federal eRulemaking Portal: www.regulations.gov.
Instructions: All submissions must include the agency name, ‘‘Department of Energy,’’ and docket number, DOE–HQ–2025–0405, for this notice. All comments received will be posted without change to www.regulations.gov, including any personal information provided. Do not submit any information you consider to be private, Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.
Docket: For access to the docket to read comments received, go to www.regulations.gov.
FOR FURTHER INFORMATION CONTACT : For questions concerning this notice, contact Ms. Carrie Abravanel, Acting Director, Office of NEPA Policy and Compliance, at ask...@hq.doe.gov or (202) 586–4600. 

SUPPLEMENTARY INFORMATION :

Table of Contents
I. Introduction
II. Categorical Exclusion
III. Support
IV. DOE Solicits Comment
V. Approval of the Office of the Secretary
I. Introduction
Executive Order (E.O.) 14301, Reforming Nuclear Reactor Testing at the Department of Energy (May 23, 2025), Section 6 Streamlining Environmental Reviews, directs the Secretary of Energy to create ‘‘categorical exclusions as appropriate for reactors within certain parameters.’’
E.O. 14301 states, ‘‘[d]ecades of research and engineering have produced prototypes of advanced nuclear technologies that incorporate passive safety mechanisms, improve the physical architecture of reactor designs, increase reactor operational flexibility and performance, and reduce risk in fuel disposal. Advanced reactors—including microreactors, small modular reactors, and Generation IV and Generation III+ reactors—have revolutionary potential.’’
Further, E.O. 14299, Deploying Advanced Nuclear Reactor Technologies for National Security (May 23, 2025), directs the Secretaries of Defense and Energy to consult with the Chairman of the Council on Environmental Quality regarding ‘‘applying the Department of Defense’s and the Department of Energy’s established categorical exclusions under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., for the construction of advanced nuclear reactor technologies on certain Federal sites within the United States and for any other appropriate measures for the purposes of implementing this order’’ and ‘‘establishing new categorical exclusions for the same purposes,’’ among other things. E.O. 14299 states that ‘‘[a]dvanced nuclear reactors include nuclear energy systems like Generation III+ reactors, small modular reactors, microreactors, and stationary and mobile reactors that have the potential to deliver resilient, secure, and reliable power to critical defense facilities and other mission capability 
resources.’’

etc.

--

I. Categorical ExclusionDOE is adding the following new categorical exclusion to appendix B of the DOE NEPA implementing procedures, which is published outside the Code of Federal Regulations and available at www.energy.gov/nepa:
B5.26 Advanced Nuclear Reactors Authorization, siting, construction, operation, reauthorization, and decommissioning of advanced nuclear reactors, provided DOE determines that:
(1) the project’s attributes, including potential fission product inventory, fuel type, reactor design, and operational plans, reduce sufficiently the risk of adverse offsite consequences from the release of radioactive or hazardous materials, and
(2) the project demonstrates that any hazardous waste, radioactive waste, or spent nuclear fuel generated by the project can be managed in accordance with applicable requirements.

---

Advanced reactor projects in this category typically employ inherent safety features and passive safety systems, in addition to well-established fuel, coolant, and structural materials that support their associated DOE safety design basis. Performance of these fuels, systems, and materials is sufficient to provide reasonable assurance of adequate protection to the public, workers, and environment. New reactor designs and their associated fuels ensure containment of radionuclides in the event of an accident. Operational periods for these projects will be bounded by the potential fission product inventory and will vary depending on the design and fuel type.
Previously completed NEPA reviews have established that advanced reactors, including construction, operation, and decommissioning, characterized by technologies and materials (1) that have been verified to prevent adverse offsite consequences from release of radioactive or hazardous materials and 
(2) demonstrate that any hazardous waste, radioactive waste, or spent nuclear fuel generated by the project can be managed in accordance with applicable requirements do not significantly affect the quality of the human environment.

---

IV. DOE Solicits Comment  [after it has already issued the CX, or CE! - see footnote #4 below]
As explained previously, DOE is adding the new categorical exclusion for advanced nuclear reactors to its NEPA implementing procedures published outside the Code of Federal Regulations.
DOE previously received public comments requesting that DOE add a categorical exclusion for nuclear power reactors (e.g., 84 FR 34074). DOE has elected voluntarily to solicit comments on its new categorical exclusion for advanced nuclear reactors. DOE is soliciting comment on this new categorical exclusion and the associated written record, and may make revisions to this categorical exclusion, if DOE’s review of any comments submitted suggests that further revisions are warranted. Commenters have 30 days from the date of publication of this notice to submit comments.

footnote #4: 

 Before February 2025, the executive branch’s historical practice was to receive public comments before promulgating a categorical exclusion. This practice was established by CEQ’s NEPA implementing regulations.

From: Jay Coghlan, Executive Director
Nuclear Watch New Mexico
j...@nukewatch.org

Yes, a plain reading indicates that DOE intends to categorically exclude advanced reactors from NEPA review. 

This all fits the pattern of the Trump Administration's simultaneous assaults on NEPA and nuclear safety regulations. 

Interesting that "DOE previously received public comments requesting that DOE add a categorical exclusion for nuclear power reactors." Now who would that have come from? The nuclear power industry?

For legal "standing" purposes it's very important that interested organizations formally comment within the specified comment period (i.e., not later than  March 2).

Maybe somebody could organize a sign on letter for that purpose?

Jay

Virus-free.www.avg.com