(3) The appropriate State and local agencies authorized to develop and enforce relevant environmental standards and the appropriate State, regional, and metropolitan clearinghouses. A reasonable effort will be made to distribute draft environmental statements prepared for licensing actions to all States that may be affected; and to appropriate national and local environmental organizations; and

(4) If the draft environmental impact statement is for a licensing action, (i) all parties to the licensing proceeding and the chief executive or the municipality or county identified in the draft environmental impact statement as the preferred site for the proposed facility or activity and (ii) the chief executives of municipalities or counties identified in the draft environmental impact statement as alternative sites who have requested a copy of the application.

(d) One (1) copy of the draft statement will be provided to those persons on the Commission's list to receive environmental impact statements in accordance with § 51.54(c) and other persons upon request to the extent available.

(e) News releases will be provided to the local newspapers and other appropriate media that state the availability for comment and place for obtaining or inspecting a draft statement and the applicant's environmental report.

(f) A notice will be published in the FEDERAL REGISTER in accordance with § 51.50(c).

(Secs. 53, 62, 81, 103, 161, Pub. L. 83-703, as amended; 68 Stat. 930, 932, 935, 936, 937, 948 (42 U.S.C. 2073, 2093, 2111, 2133, 2134, 2201); sec. 201, as amended, Pub. L. 93-438, as amended; 88 Stat. 1242, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5841); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332))

[39 FR 26279, July 18, 1974, as amended at 43 FR 7210, Feb. 21, 1978; 43 FR 46294, Oct. 6, 1978]

§ 51.25 Requests for comments on draft environmental impact statements.

Draft environmental impact statements distributed in accordance with §§ 51.24(c) and 51.24(d) and news releases provided pursuant to § 51.24(e) will be accompanied by or include a request for comments on the proposed

action and on the draft environmental impact statement within forty-five (45) days from the date of publication of a FEDERAL REGISTER notice by the Environmental Protection Agency announcing the availability of the draft statement, or within such longer period as the Commission may specify. If no comments are provided within the time specified, it will be presumed, unless the agency or person requests an extension of time, that the agency or person has no comment to make. The Commission will endeavor to comply with requests for extensions of time up to fifteen (15) days.

(Sec. 161, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1242, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5841))

[39 FR 26279, July 18, 1974, as amended at 43 FR 7210, Feb. 21, 1978]

FINAL ENVIRONMENTAL IMPACT STATEMENTS

§ 51.26 Final environmental impact statements.

and

(a) After receipt of the comments requested pursuant to §§ 51.25 51.50(c) the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards or their designee, as appropriate, will prepare a final environmental impact statement in accordance with the requirements in § 51.23 for draft environmental impact statements. The final environmental statement will include a final cost-benefit analysis and a final conclusion as to the action called for.

(b) The final environmental impact statement will make a meaningful reference to the existence of any responsible opposing view not adequately discussed in the draft environmental statement, indicating the response to the issues raised. All substantive comments received on the draft (or summaries thereof where the response has been exceptionally voluminous) will be attached to the final statement, whether or not each such comment is individually discussed in the text of the statement.

(c) The final environmental impact statement will be distributed in the same manner as specified for draft en

vironmental impact statements in § 51.24, except that in the case of Federal, State, and local agencies, other than the Environmental Protection Agency, and interested persons, only those who submitted comments on the draft environmental impact statement or environmental report or requested final statements will be sent a copy of the final statement. Where the number of comments on a draft environmental impact statement is such that distribution of the final statement to all commentators is impracticable, the Environmental Protection Agency will be consulted concerning alternative arrangements for distribution of the statement.

(d) The draft and final environmental impact statements and any comments received pursuant to this part will accompany the application through, and shall be considered in, the Commission's review processes.

(Sec. 161, Pub. L. 83-703; 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1242, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5841))

[39 FR 26279, July 18, 1974; 39 FR 33202, Sept. 16, 1974, as amended at 43 FR 7210, Feb. 21, 1978]

Subpart C-Materials Licensing and Other Actions

§ 51.40 Environmental reports.

(a) Except as provided in paragraphs (b), (c) and (d) of this section, applicants for permits, licenses, and orders, and amendments thereto and renewals thereof, covered by § 51.5(a) shall submit to the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate, 150 copies of an environmental report which discusses the matters described in § 51.20. Petitioners for rule making covered by § 51.5(a) shall submit to the Director of Standards Development fifty (50) copies of an environmental report which discusses the matters described in § 51.20.

(b) Applicants for a license to construct and operate a production or utilization facility (including amendments to such applications) covered by § 51.5(a) shall submit to the Director of Nuclear Reactor Regulation or Di

rector of Nuclear Material Safety and Safeguards, as appropriate, in accordance with § 50.30(c)(1)(iv) of this chapter, forty-one (41) copies of an environmental report which discusses the matters described in § 51.20. The applicant shall retain an additional 109 copies of the environmental report for distribution to Federal, State, and local officials in accordance with written instructions issued by the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate.

(c) Applicants for licenses, amendments to licenses, and renewals thereof, issued pursuant to Parts 30, 40, and/or 70 of this chapter, covered by paragraphs (a)(4), (a)(5), (a)(6), (b)(4), (b)(5), and (b)(8), of § 51.5 shall submit to the Director of Nuclear Material Safety and Safeguards 15 copies of an environmental report which discusses the matters described in § 51.20. The applicant shall retain an additional 85 copies of the environmental report for distribution to Federal, State, and local officials in accordance with written instructions issued by the Director of Nuclear Material Safety and Safeguards.

(d) The DOE, as an applicant for a license to receive and possess radioactive waste at a geologic repository operations area pursuant to Part 60 of this chapter, shall submit at the time of its application or in advance, and at the time of amendments, in the manner provided in § 60.22 of this chapter, environmental reports which discuss the matters described in § 51.20. The discussion of alternatives shall include site characterization data for a number of sites in appropriate geologic media so as to aid the Commission in making a comparative evaluation as a basis for arriving at a reasoned decision under NEPA. Such characterization data shall include results of appropriate in situ testing at repository depth unless the Commission finds with respect to a particular site that such testing is not required. The Commission considers the characterization of three sites representing two geologic media at least one of which is not salt to be the minimum necessary to satisfy the requirements of NEPA. (However, in light of the sig

nificance of the decision selecting a site for a repository, the Commission fully expects the DOE to submit a wider range of alternatives than the minimum required here.)

(Sec. 53, 62, 81, 161, Pub. L. 83-703, 68 Stat. 930, 932, 935, 948 (42 U.S.C. 2201); secs. 201, 301, as amended, Pub. L. 93-438, 88 Stat. 1242, 88 Stat. 1248, 89 Stat. 413 (42 U.S.C. 5841, 5871))

[41 FR 15834, Apr. 15, 1976, as amended at 42 FR 34276, July 5, 1977; 46 FR 13979, Feb. 25, 1981]

§ 51.41 Administrative procedures.

Except as the context may otherwise require, procedures and measures similar to those described in §§ 51.22-51.26 will be followed in proceedings for the issuance of materials licenses and other actions covered by § 51.5(a) but not covered by § 51.20 or § 51.21. The procedures followed with respect to materials licenses will reflect the fact that, unlike the licensing of production and utilization facilities, the licensing of materials does not require separate authorizations for construction and operation. In the case of an application for a license to receive and possess high-level radioactive waste at a geologic repository operations area pursuant to Part 60 of this chapter, however, the environmental impact statement required by § 51.5(a) shall be prepared and circulated prior to the issuance of a construction authorization; the environmental impact statement shall be supplemented prior to issuance of a license to take account of any substantial changes in the activities proposed to be carried out or significant new information regarding the environmental impacts of the proposed activities.

[46 FR 13979, Feb. 25, 1981]

application, a summary notice of availability of the report will be published in the FEDERAL REGISTER. The report will be placed in the Commission's Public Document Room at 1717 H Street, NW, Washington, D.C., and in any public document room established by the Commission in the vicinity of the site of the proposed facility or licensed activity where a file of documents pertaining to such proposed facility or activity is maintained. The report will also be placed in State, regional, and metropolitan clearinghouses in the vicinity of the site of the proposed facility or licensed activity. In addition, a public announcement of the availability of the report will be made. Any comments by interested persons on the report will be considered by the Commission's staff, and there will be further opportunity for public comment on the draft environmental impact statement in accordance with §§ 51.25 and 51.41.

(b) Notices of intent. Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards or their designee, as appropriate, will cause to be published in the FEDERAL REGISTER a notice of intent that an environmental impact statement will be prepared in accordance with §§ 51.5(c) and 51.6. The notice will briefly describe the nature of the proposed agency action and state that an environmental impact statement will be prepared. The notice may be consolidated with the summary notice of the availability of the environmental report or with the list of environmental impact statements in preparation required by § 51.54(a). The publication requirement of this paragraph may be satisfied by forwarding the notice of intent to the Environmental Protection Agency for publication in the FEDERAL REGISTER. Copies will be forwarded to the appropriate Federal, State, and local agencies, the appropriate State, regional, and metropolitan clearinghouses and to interested persons upon request. A public announcement of the notice of intent will also be made.

(c) Environmental impact statements; notice of availability. (1) The Director of Nuclear Reactor Regulation or Director of Nuclear Ma

terial Safety and Safeguards or their designee, as appropriate, will forward copies of draft and final environmental impact statements to the Environmental Protection Agency in accordance with §§ 51.24, 51.26 and 51.41. The Environmental Protection Agency will publish weekly in the FEDERAL REGISTER lists of environmental impact statements received during the preceding week that are available for public comment. The date of publication of such lists shall be the date from which the minimum period for comment on and advance availability of statements shall be calculated.

(2) Upon preparation of a draft environmental impact statement, the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards or their designee, as appropriate, will cause to be published in the FEDERAL REGISTER a summary notice of the availability of the statement. The summary notice will request, within forty-five (45) days from the date of publication of a FEDERAL REGISTER notice by the Environmental Protection Agency announcing the availability of the draft statement, or within such longer period as the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards or their designee, as appropriate, may specify, comment from interested persons on the proposed action and on the draft statement. The summary notice shall also contain a statement to the effect that the comments of Federal, State, and local agencies and interested persons thereon will be available when received.

(3) Upon preparation of a final environmental impact statement the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards or their designee, as appropriate, will cause to be published in the FEDERAL REGISTER a notice of availability of the statement.

(d) The Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards or their designee, as appropriate, will cause to be published in the FEDERAL REGISTER negative declarations required by § 51.5(c). The negative declaration will describe the proposed action and state

that the Commission has determined not to prepare an environmental impact statement for the proposed action. It will also state that an environmental impact appraisal setting forth the basis for the determination is available for public inspection and will list the location or locations where the environmental impact appraisals may be inspected.

(Sec. 161, Pub. L. 83-103, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1242, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5841))

[39 FR 26279, July 18, 1974, as amended at 43 FR 7210, Feb. 21, 1978]

§ 51.51

Administrative action.

To the maximum extent practicable, no permit, license, or order, or renewal of or amendment to a permit, license, or order, or effective regulation, for which an environmental impact statement is required will be issued until ninety (90) days after a draft environmental statement has been circulated for comment, furnished to the Environmental Protection Agency, and made available to the public. Neither will such licenses, permits, orders, renewals, amendments, or regulations be issued until thirty (30) days after the final environmental impact statement (together with comments) has been furnished to the Environmental Protection Agency and commenting agencies, and made available to the public. If a final environmental impact statement is furnished and made available within ninety (90) days after a draft statement has been circulated for comment, furnished to the Environmental Protection Agency, and made available to the public, the minimum thirty (30) day period and the ninety (90) day period may run concurrently to the extent they overlap.

§ 51.52 Public hearings.

(a) In any proceeding in which a draft environmental impact statement is prepared pursuant to this part, the draft environmental impact statement will be made available to the public at least fifteen (15) days prior to the time of any relevant hearing. At any such hearing, the position of the Commission's staff on matters covered by this

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part will not be presented until the final environmental impact statement is furnished to the Environmental Protection Agency and commenting agencies and made available to the public. Any other party to the proceeding may present its case on NEPA matters as well as on radiological health and safety matters prior to the end of the fifteen (15) day period.

(b)(1) In a proceeding in which a hearing is held for the issuance of a permit, license, or order, or amendment to or renewal of a permit, license, or order, covered by § 51.5(a), and matters covered by this part are in issue, the staff will offer the final environmental impact statement in evidence. Any party to the proceeding may take a position and offer evidence on the aspects of the proposed action covered by NEPA and this part in accordance with the provisions of Subpart G of Part 2 of this chapter.

(2) In such a proceeding the presiding officer will decide those matters in controversy among the parties within the scope of NEPA and this part.

(3) In such a proceeding, an initial decision of the presiding officer may include findings and conclusions which affirm or modify the content of the final environmental impact statement prepared by the staff. To the extent that findings and conclusions different from those in the final environmental statement prepared by the staff are reached, the statement will be deemed modified to that extent and the initial decision will be distributed as provided in § 51.26(c). If the Commission or the Atomic Safety and Licensing Appeal Board in a final decision reaches conclusions different from the presiding officer with respect to such matters, the final environmental impact statement will be deemed modified to that extent and the decision will be similarly distributed.

(c) In addition to complying with applicable requirements of paragraphs (a) and (b) of this section, in a proceeding for the issuance of a construction permit for a nuclear power reactor, testing facility, fuel reprocessing plant or isotopic enrichment plant, or for the issuance of a license to manufacture, the presiding officer will:

(1) Determine whether the requirements of section 102(2) (A), (C), and (E) of NEPA and this part have been complied with in the proceeding;

(2) Independently consider the final balance among conflicting factors contained in the record of the proceeding for the permit with a view to determining the appropriate action to be taken; and

(3) Determine after weighing the environmental, economic, technical, and other benefits against environmental and other costs, and considering available alternatives whether the construction permit or license to manufacture should be issued, denied, or appropriately conditioned to protect environmental values;

(4) Determine, in an uncontested proceeding, whether the NEPA review conducted by the Commission's staff has been adequate;

(5) Determine, in a contested proceeding, whether in accordance with this part, the construction permit or license to manufacture should be issued as proposed.

(d) In any proceeding in which a hearing is held for the issuance of a permit, license, or order, or amendment thereto or renewal thereof, where the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards or their designee, as appropriate has determined that no environmental impact statement need be prepared for the particular action in question, any party to the proceeding may take a position and offer evidence on the aspects of the proposed action covered by NEPA and this part in accordance with the provisions of Subpart G of Part 2 of this chapter. In such proceedings, the presiding officer will decide any such matters in controversy among the parties.

(Sec. 161, Pub. L. 83-103, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as amended, Pub. L. 93-438, 88 Stat. 1242, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5841))

[39 FR 26279, July 18, 1974, as amended at 43 FR 7210, Feb. 21, 1978]

§ 51.53 Hearings-Operating licenses.

(a) The presiding officer, during the course of a hearing on an application