Notice2026-02071
Categorical Exclusion for Advanced Nuclear Reactors
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 2, 2026
Effective
February 2, 2026
Issuing agencies
Energy Department
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Notices]
[Pages 4550-4552]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02071]
=======================================================================
-----------------------------------------------------------------------
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 <a href="http://www.energy.gov/nepa">www.energy.gov/nepa</a>.
Also, documents relevant to this notice, including this notice and the
written record, are posted on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a> (Docket: DOE-HQ-2025-0405).
Submit comments, labeled ``DOE categorical exclusion for advanced
nuclear reactors,'' using the Federal eRulemaking Portal:
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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
<a href="http://www.regulations.gov">www.regulations.gov</a>, 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
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For questions concerning this notice,
contact Ms. Carrie Abravanel, Acting Director, Office of NEPA Policy
and Compliance, at <a href="/cdn-cgi/l/email-protection#59382a32171c0918193128773d363c773e362f"><span class="__cf_email__" data-cfemail="a0c1d3cbeee5f0e1e0c8d18ec4cfc58ec7cfd6">[email protected]</span></a> 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.''
NEPA establishes three types of environmental review for proposed
major Federal actions that are not otherwise excused from the
obligation to undergo NEPA review, see 42 U.S.C. 4336: environmental
impact statement, environmental assessment, and categorical exclusion--
each involving different levels of information and analysis. An
environmental impact statement is a detailed analysis of
[[Page 4551]]
reasonably foreseeable environmental effects prepared for a major
Federal action significantly affecting the quality of the human
environment (42 U.S.C. 4336(e)(6); 42 U.S.C. 4332). An environmental
assessment is a concise public document prepared by a Federal agency to
set forth the basis for its finding of no significant impact or its
determination that an environmental impact statement is necessary (42
U.S.C. 4336(e)(4); 42 U.S.C. 4336(b)(2)). A categorical exclusion is a
category of actions that the agency has determined, as established in
its agency NEPA procedures, normally does not significantly affect the
quality of the human environment and therefore does not require
preparation of an environmental assessment or environmental impact
statement (42 U.S.C. 4336e(1)).
In preparing this categorical exclusion, DOE developed supporting
technical information briefly summarized in section III of this notice
and consulted with the Council on Environmental Quality, the Department
of War (formerly the Department of Defense), and the Nuclear Regulatory
Commission.
DOE consulted with the Department of War on this categorical
exclusion in alignment with E.O. 14299, Deploying Advanced Nuclear
Reactor Technologies for National Security (May 23, 2025) with respect
to a potential future siting, construction, and operation of advanced
nuclear reactor technologies on Department of War installations to
accelerate deployment of resilient power solutions in support of
mission assurance objectives for critical infrastructure, and ensure
military readiness.
DOE consulted with the Nuclear Regulatory Commission for
establishing this categorical exclusion and to help the Nuclear
Regulatory Commission understand DOE's approach for considering
extraordinary circumstances when applying this categorical exclusion as
well as a discussion of how DOE's integral elements for all categorical
exclusions listed in 10 CFR part 1021 and DOE's NEPA implementing
procedures outside the CFR, appendix B, condition application of this
categorical exclusion.\1\
---------------------------------------------------------------------------
\1\ DOE's NEPA implementing procedures outside the CFR are
available at: <a href="https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025">https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025</a>.
---------------------------------------------------------------------------
In deciding whether to apply this categorical exclusion to a
particular project, DOE would consider each of the conditions in the
categorical exclusion itself, the integral elements listed in appendix
B of DOE's NEPA implementing procedures, and other conditions contained
in DOE's NEPA implementing procedures, including whether extraordinary
circumstances exist such that a normally excluded action may have a
significant environmental effect.
As mentioned previously, DOE's NEPA implementing procedures include
``integral elements'' that apply to all categorical exclusions listed
in appendix B to DOE's NEPA implementing procedures. 10 CFR part 1021
and DOE's NEPA implementing procedures outside the CFR, appendix B,
paragraphs (1) through (5).\2\ Although the integral elements are not
repeated for each categorical exclusion, they are part of the
definition of each categorical exclusion listed in appendix B, and DOE
must consider them as part of its determination of whether the proposed
action fits within a categorical exclusion (10 CFR 1021.102(b)(1) and
Section 5.4(c)(1) of DOE's NEPA implementing procedures). Integral
elements require that, to fit within a categorical exclusion, the
proposed action must not threaten a violation of applicable
environment, safety, and health requirements; require siting and
construction or major expansion of waste storage, disposal, recovery,
or treatment facilities; disturb hazardous substances, pollutants, or
contaminants that preexist in the environment such that there would be
uncontrolled or unpermitted releases; have the potential to cause
significant impacts on environmentally sensitive resources; or involve
genetically engineered organisms, synthetic biology, governmentally
designated noxious weeds, or invasive species, unless certain
conditions are met.\3\ DOE defines ``environmentally sensitive
resource'' as a resource that has typically been identified as needing
protection through Executive order, statute, or regulation by Federal,
state, or local government, or a federally recognized Indian tribe.
Environmentally sensitive resources include historic properties,
threatened and endangered species or their habitat, floodplains, and
wetlands, among others (appendix B of 10 CFR part 1021 and DOE's NEPA
implementing procedures).
---------------------------------------------------------------------------
\2\ See 10 CFR part 1021, appendix B, and DOE's NEPA
implementing procedures, appendix B: <a href="http://www.ecfr.gov/current/title-10/chapter-X/part-1021">www.ecfr.gov/current/title-10/chapter-X/part-1021</a> and <a href="https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025">https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025</a>.
\3\ This is a summary description of the integral elements. See
10 CFR part 1021, appendix B, and DOE's NEPA implementing
procedures, appendix B, for the full text: <a href="http://www.ecfr.gov/current/title-10/chapter-X/part-1021">www.ecfr.gov/current/title-10/chapter-X/part-1021</a> and <a href="https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025">https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025</a>.
---------------------------------------------------------------------------
In determining whether a proposed action fits within a categorical
exclusion, DOE may review information provided by an applicant, in its
application and during follow-up requests; information from systems
maintained by DOE, another Federal agency, or external party (e.g.,
geographic information systems); information from site visits;
information from discussions or consultations with Federal, state,
local, or tribal governments; and information from other sources as
needed. During this review, DOE can determine that additional
information is needed to decide whether to make a categorical exclusion
determination or decide to prepare an environmental assessment or
environmental impact statement. Only if DOE determines that all the
applicable requirements and conditions of the categorical exclusion
(including the integral elements, as applicable) have been met will it
proceed to review the proposed action for extraordinary circumstances,
and potentially proceed to issue a categorical exclusion determination,
thus completing NEPA review, or to prepare an environmental assessment
or environmental impact statement. DOE regularly posts its categorical
exclusion determinations at <a href="http://www.energy.gov/nepa/doe-categorical-exclusion-cx-determinations">www.energy.gov/nepa/doe-categorical-exclusion-cx-determinations</a>.
II. Categorical Exclusion
DOE 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 <a href="http://www.energy.gov/nepa">www.energy.gov/nepa</a>:
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.
For the purposes of this category, a project may include multiple
reactors within a nuclear facility.
[[Page 4552]]
III. Support
DOE's full written record to explain the basis for the new
categorical exclusion, including a discussion of relevant NEPA reviews,
is available at <a href="http://www.energy.gov/nepa">www.energy.gov/nepa</a>.
In summary, advanced nuclear reactors have key attributes such as
safety features, fuel type, and fission product inventory that limit
adverse consequences from releases of radioactive or hazardous material
from construction, operation, and decommissioning. Although past
advanced reactor projects have been for solely experimental, testing
and demonstration purposes, the advanced fuel forms, inherently safe
designs, and inventories of potential fission products associated with
these reactors indicate that reactors in this category developed for
additional purposes, such as power production and industrial
applications, are also appropriate for this categorical exclusion.
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
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.\4\
---------------------------------------------------------------------------
\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. See 43 FR 56003 through 56004 (November
29, 1978) (establishing 40 CFR 1508.4, which defined, in part, a
categorical exclusion as ``procedures adopted by a Federal agency in
implementation of these regulations'' and cross-cited 40 CFR 1507.3
which required those procedures to be ``publish[ed] . . . in the
Federal Register for comment and . . . adopted only after an
opportunity for public review''); see also 89 FR 35573-35575 (May 1,
2024) (analogous provisions in the 2024 final rule revising CEQ's
NEPA implementing regulations). This historical practice is no
longer applicable to the executive branch given that CEQ's NEPA
implementing regulations have been rescinded in their entirety. See
90 FR 10610 (February 25, 2025); see also 90 FR 8353 (January 29,
2025) Executive Order 14154 (Unleashing American Energy), section
5(c) (directing revision of agency NEPA implementing procedures to
``[c]onsistent with applicable law, . . . prioritize efficiency''
over all other policy objectives).
---------------------------------------------------------------------------
Signing Authority
This document of the Department of Energy was signed on January 28,
2026, by Chris Wright, Secretary of Energy, U.S. Department of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on January 29, 2026.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2026-02071 Filed 1-30-26; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 2, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.