§ 51.1 Purpose and scope.

National (a) The Environmental Policy Act of 1969 (83 Stat. 852), implemented by Executive Order 11514 and the Council on Environmental Quality's Guidelines of August 1, 1973 (38 FR 20550), requires that all agencies of the Federal Government prepare detailed environmental statements on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. The principal objective of the National Environmental Policy Act of 1969 is to build into the agency decision making process an appropriate and careful consideration of environmental aspects of proposed ac

tions.

(b) This part sets forth the Nuclear Regulatory Commission policy and procedures for the preparation and processing of environmental impact statements and related documents pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 in connection with the Commission's licensing and regulatory activities.

(c) This part does not address any limitations on the Commission's authority and responsibility pursuant to the National Environmental Policy Act of 1969 imposed by the Federal Water Pollution Control Act (86 Stat. 916). This matter is addressed in an Interim Policy Statement published in the FEDERAL REGISTER on January 29, 1973 (38 FR 2679).

§ 51.2 Definitions.

(a) "Commission" means the Nuclear Regulatory Commission or its authorized representatives.

(b) "NEPA" means the National Environmental Policy Act of 1969.

(c) "Environmental report" means a document submitted to the Commission by applicants for permits, licenses, and orders, and amendments thereto and renewals thereof, or by petitioners for rulemaking, in order to aid the Commission in complying with section 102(2)(C) of NEPA.

(d) "Notice of intent" means a notice that an environmental impact statement will be prepared and processed.

(e) "Environmental impact statement" means the detailed statement

prepared by the Commission pursuant to section 102(2)(C) of NEPA.

(f) "Negative declaration" means a statement that the Commission has determined not to prepare an environmental impact statement for a particular action.

(g) "Environmental impact appraisal" means a document which provides the basis for a negative declaration.

§ 51.3 Interpretations.

Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission.

[39 FR 26279, July 18, 1974; 39 FR 33202, Sept. 16, 1974]

§ 51.4 Specific exemptions.

The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the regulations of this part as it determines are authorized by law and are otherwise in the public interest.

Subpart A-General Requirements for Environmental Impact Statements, Negative Declarations, and Impact Appraisals

§ 51.5 Actions requiring preparation of environmental impact statements, negative declarations, environmental impact appraisals; actions excluded.

(a) An environmental impact statement will be prepared and circulated prior to taking any of the following types of actions:

(1) Issuance of a permit to construct a nuclear power reactor, testing facility, or fuel reprocessing plant pursuant to Part 50 of this chapter;

(2) Issuance of a full power or design capacity license to operate a nuclear power reactor, testing facility, or fuel reprocessing plant pursuant to Part 50 of this chapter;

(3) Issuance of a permit to construct or a design capacity license to operate

an isotopic enrichment plant pursuant to § 50.22 of this chapter;

(4) Issuance of a license to possess and use special nuclear material for processing and fuel fabrication, scrap recovery, or conversion of uranium hexafluoride pursuant to Part 70 of this chapter;

(5) Issuance of a license to possess and use source material for uranium milling or production of uranium hexafluoride pursuant to Part 40 of this chapter;

(6) Issuance of a license authorizing commercial radioactive waste disposal by land burial pursuant to Parts 30, 40, and/or 70 of this chapter;

(7) Conversion of a provisional operating license for a nuclear power reactor, testing facility or fuel reprocessing plant to a full power or design capacity license pursuant to Part 50 of this chapter where no final environmental impact statement has been previously prepared;

(8) Issuance of a license to manufacture pursuant to Appendix M of Part 50 of this chapter;

(9) Amendments of Parts 30 and 40 of this chapter concerning the exemption from licensing and regulatory requirements of any equipment, device, commodity or other product containing byproduct material or source material;

(10) Issuance of a license pursuant to Part 72 of this chapter for the storage of spent fuel in an independent spent fuel storage installation (ISFSI) at a site not occupied by a nuclear power reactor.

(11) Issuance of a construction authorization for a geologic repository operations area pursuant to Part 60 of this chapter.

(12) Any other action which the Commission determines is a major Commission action significantly affecting the quality of the human environment.

(b) Many licensing and regulatory actions of the Commission other than those listed in paragraph (a) may or may not require preparation of an environmental impact statement, depending upon the circumstances. In determining whether an environmental impact statement should or should not be prepared for such action, the

Commission shall be guided by the Council on Environmental Quality Guidelines, 40 CFR 1500.6. Such other actions include:

(1) Issuance of a permit to construct, or a full power or design capacity license to operate, a production or utilization facility other than a nuclear power reactor, testing facility, fuel reprocessing plant, or isotopic enrichment plant of the type specified in paragraph (a) of this section;

(2) Issuance of an amendment to a construction permit or full power or design capacity operating license for a nuclear power reactor, testing facility, fuel reprocessing plant, isotopic enrichment plant licensed pursuant to § 50.22 of this chapter or to a license to manufacture that would authorize a significant change in the types or a significant increase in the amounts of effluents or a significant increase in the authorized power level;

(3) Issuance of a license to operate a power reactor, testing facility, fuel reprocessing plant or isotopic enrichment plant at less than full power or at less than the design capacity;

(4) Issuance of an amendment which would authorize a significant change in the types or significant increase in the amounts of effluents or a significant increase in the potential for accidental releases of a license for:

(ii) The possession and use of source material for uranium milling or production of uranium hexafluoride pursuant to Part 40 of this chapter; and

(iii) Authorizing commercial radioactive waste disposal by land burial pursuant to Parts 30, 40, and/or 70 of this chapter;

(iv) The storage of spent fuel in an independent spent fuel storage installation (ISFSI) pursuant to Part 72 of the chapter; and

(v) The receipt and possession of high-level radioactive waste at a geologic repository operations area pursuant to Part 60 of this chapter.

(5) Renewal of licenses to conduct activities listed in paragraph (b)(4) (i) through (v) of this section;

(6) Substantive and significant amendments (from the standpoint of environmental impact) of Parts 20, 30, 40, 50, 60, 70, 71, 73, or 100 of this chapter;

(7) License amendments or orders authorizing the dismantling or decommissioning of nuclear power reactors, testing facilities, fuel reprocessing plants and isotopic enrichment plants;

(8) Termination of a license for the possession and use of source material for uranium milling at the request of the licensee.

(9) Issuance of a license pursuant to Part 72 of this chapter for the storage of spent fuel in an independent spent fuel storage installation (ISFSI) on the site of a nuclear power reactor.

(10) Termination of a license for the possession of high-level radioactive waste at a geologic repository operations area at the request of the li

censee.

(11) Issuance of a license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to Part 60 of this chapter.

(c)(1) The environmental impact of proposed licensing and regulatory actions listed in paragraph (b) will be evaluated, and if it is determined that an environmental impact statement should be prepared, a notice of intent will be published and distributed in accordance with § 51.50(b) and draft and final environmental impact statements will be prepared. If it is determined that an environmental impact statement need not be prepared for an action listed in paragraph (b), a negative declaration and environmental impact appraisal will, unless otherwise determined by the Commission, be prepared in accordance with §§ 51.7 and 51.50(d).

(2) If, subsequent to the publication of a notice of intent concerning an action, it is determined that an environmental impact statement need not be prepared in connection with that action, or if it is determined that an environmental impact statement need not be prepared in connection with any action with respect to which the Council on Environmental Quality has requested that an environmental

impact statement be prepared, a negative declaration and an environmental impact appraisal will be prepared in accordance with §§ 51.7 and 51.50(d).

(3) The Commission may require applicants for permits, licenses, and orders, and amendments thereto, and renewals thereof, and petitioners for rule making covered by paragraph (b) of this section to submit such information to the Commission as may be useful in aiding the Commission in the preparation of an environmental impact appraisal.

(d) Unless otherwise determined by the Commission, an environmental impact statement, negative declaration, or environmental impact appraisal need not be prepared in connection with the following types of actions:

(1) Issuance of notices and orders pursuant to Subpart B of Part 2 of this chapter;

(2) Amendments to Parts 2, 19, 51, 55, 140, 150, and 170 of this chapter;

(3) Non-substantive and insignificant amendments (from the standpoint of environmental impact) of Parts 20, 30, 40, 50, 60, 70, 71, 73, 100, or 110 of this chapter; and

(4) Issuance of a materials license or amendment to or renewal of a materials or facility license or permit or order other than those covered by paragraphs (a) and (b) of this section. (Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841))

[39 FR 26279, July 18, 1974; 39 FR 33202, Sept. 16, 1974, as amended at 45 FR 74711, Nov. 12, 1980; 46 FR 13979, Feb. 25, 1981]

$51.6 Notice of intent.

Whenever the Commission determines that an environmental impact statement will be prepared in connection with an action, a notice of intent will be published and distributed in accordance with § 51.50(b).

[39 FR 26279, July 18, 1974; 39 FR 33202, Sept. 16, 1974]

§ 51.7 Negative declarations; environmental impact appraisals.

(a) Negative declarations. The negative declaration required by § 51.5(c)

will be prepared prior to the taking of the associated action and will state that the Commission has decided not to prepare an environmental impact statement for the particular action and that an environmental impact appraisal setting forth the basis for that determination is available for public inspection. Negative declarations will be published and made publicly available in accordance with §§ 51.50(d) and 51.55 of this part. Lists of negative declarations will be maintained and made publicly available in accordance with § 51.54(b).

(b) Environmental impact appraisals. An environmental impact appraisal will be prepared in support of all negative declarations. The appraisal will include:

(1) A description of the proposed action;

(2) A summary description of the probable impacts of the proposed action on the environment; and

(3) The basis for the conclusion that no environmental impact statement need be prepared.

Lists of environmental impact appraisals will be maintained and made publicly available in accordance with § 51.54(b). Impact appraisals will be made available to the public upon request in accordance with § 51.55.

(1) The probable impact of the proposed action on the environment;

(2) Any probable adverse environmental effects which cannot be avoided should the proposal be implemented;

(3) Alternatives to the proposed action;

(4) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and

(5) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. The discussion of alternatives to the proposed action required by paragraph (a)(3) shall be sufficiently complete to aid the Commission in developing and exploring, pursuant to section 102(2)(E) of NEPA, “appropriate alternatives * * * in any proposal which involves unresolved conflicts concerning alternative uses of available resources."

(b) Cost-benefit analysis. The Environmental Report required by paragraph(a) shall include a cost-benefit analysis which considers and balances the environmental effects of the facility and the alternatives available for reducing or avoiding adverse environmental effects, as well as the environmental, economic, technical and other benefits of the facility. The costbenefit analysis shall, to the fullest extent practicable, quantify the various factors considered. To the extent that such factors cannot be quantified, they shall be discussed in qualitative terms. The Environmental Report should contain sufficient data to aid the Commission in its development of an independent cost-benefit analysis. (c) Status of compliance. The Environmental Report required by paragraph (a) shall include a discussion of the status of compliance of the facility with applicable environmental quality standards and requirements (including but not limited to, applicable zoning and land-use regulations and thermal and other water pollution limitations or requirements promulgated or imposed pursuant to the Federal Water Pollution Control Act) which have been imposed by Federal, State, regional, and local agencies having re

sponsibility for environmental protection. The discussion of alternatives in the Report shall include a discussion whether the alternatives will comply with such applicable environmental quality standards and requirements. The environmental impact of the facility and alternatives shall be fully discussed with respect to matters covered by such standards and requirements irrespective of whether a certification or license from the appropriate authority has been obtained (including, but not limited to, any certification obtained pursuant to section 401 of the Federal Water Pollution Control Act 2). Such discussion shall be reflected in the cost-benefit analysis prescribed in paragraph (b). While satisfaction of Commission standards and criteria pertaining to radiological effects will be necessary to meet the licensing requirements of the Atomic Energy Act, the cost-benefit analysis prescribed in paragraph (b) shall, for the purposes of NEPA, consider the radiological effects, together with the other effects, of the facility and alternatives.

'No permit or license will, of course, be issued with respect to an activity for which a certification required by section 401 of the Federal Water Pollution Control Act has not been obtained.

(d) The information submitted pursuant to paragraphs (a) through (c) of this section should not be confined to data supporting the proposed action but should include adverse data as well.

(e) The Environmental Report required by paragraph (a) for lightwater-cooled nuclear power reactors shall take Table S-3, Table of Uranium Fuel Cycle Environmental Data, as the basis for evaluating the contribution of the environmental effects of uranium mining and milling, the production of uranium hexafluoride, isotopic enrichment, fuel fabrication, reprocessing of irradiated fuel, transportation of radioactive materials and management of low level wastes and high level wastes related to uranium fuel cycle activities to the environmental costs of licensing the nuclear power reactor. Table S-3 shall be included in the Report and may be supplemented by a discussion of the environmental significance of the data set forth in the Table as weighed in the cost-benefit analysis for the proposed facility. This paragraph applies to any applicant's environmental report submitted on September 4, 1979, or thereafter.

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