ML23293A058

SECY-79-473- Council on Environmental Quality (Ceq) National Environmental Policy Act (NEPA) Regulations - Proposed Revision of 10 CFR Part 51 and Related Conforming Amendments

ML23293A058
Person / Time
Issue date:	08/06/1979
From:	NRC/OGC
To:	Commissioners
References
SECY-79-473
Download: ML23293A058 (1)

Text

t August 6, 1979 SECY-79-473 Thru:

~:,urpose:

J)1 SCt.15S ion:

COMMISSIONER ACTION The Conmissfoners Howard K. Shapar Executive LegJ1 Director Executive Director for Operations ~

}- '-1/ l CEQ NEPA REGULATIONS* PROPOSED REVISION OF 10 CFR PART 51 ANO RELATED CONFORMING AMENDMENTS To obtain Conmfssion approval of a Federal Register Notice of Proposed Rule Making; and To request guidance on _the approprf ate NRC response to the CE;Q directive to agencfes to designate a person to be responsible for overall review of ag~ncy NEPA complfanee.

Background

On May -31.1979, following discussion of SECV*79-305, "NRC Compliance with CEQ NEPA Regulations," at a public COffll'lission meeting held on May. 11, 1979, the Chairman sent a letter to Chairnran Charles H. Warren of the Council on Environmental Quality stating the Conntssipn*s conclu-sion that a sound accommodation can be reached between NRC's independent regulatory responsibilities and CEQ's objective of establishing uniform NEPA procedures.

The letter also 1nfonned _CEQ that the Conmission plans to carry out 1 ts respons f b11 t1 es under NEPA in a manner consistent w1th the procedures promulgated by the Council and that nthe Commission WQuld undertake to develop regulations to take account of CEQ's NEPA regu-lations voluntarily, " subject to certafn enumerated condi t1 ons.

On June 25, 1979, Sus Speth, Acting Chafnnan of the Council on Environ*

niental Quality, replied. This letter stated fn part:

vwe share your view that a sound accommodation can be reached between the Coritn1ssion 1s independent regulatory responsfb11ftfes,nd the Council's objective of estab-lishing un1fonn NEPA procedures. In our Judgment, the new regulations are sufficiently -flexible to av-aid* any conflict between the NEPA regul~tions and the Conrn1ss1on's respons1b111t1es as an independent regulatory agency.. "

The Conmissioners The attact,ed proposed revision of 10 CFR Part 51, with. proposed con-forming amendnents, has been prepared in response. to the Conl!11ss1on 1s direc-tives. This paper br1ef1y describes the organization and content of. revised Part 51, h1gh11gnts specific provisions of the proposed rule including those which reflect significant changes in the Commission's present NEPA process-and those which modify procedures prescribed by CEQ, identifies matters not presently addressed fn proposed Part 51, and describes the procedure to be fol lowed 1n connection w1 th the effective rule.

The paper also seeks Conmiss1on guidance on how NRC should respond to the CEQ directive to agencies to desfgnate*a person to be responsible for overall rev1ew *of agency NEPA compliance {4Q CFR § 1507~2(a).)

Scope and Organization of Proposed Revision of 10 CFR Part 51 As revised~ proposed Part 51 has been restructured into several subparts.

Subpart A contains proposed regulations implementing sectfon 102(2) of NEPA.*

Other subparts will be added from time to time as regulations are promulgated to implement *other environmental laws. Part 51 of the Conm1ssion's present regulat1ons relates solely to NRC.po11cy and procedures for the preparation and processing of environmental impact statements and related documents pursuant to section 102(2)(C) of NEPA. Both proposed Part 51 and proposed Subpart A will be significantly broade,r in scope.

• .. Revised Part 51,. including proposed Subpart A, only applies to the NRC's domestic licensing and related regulatory functions. The proposed regulations do not apply to export 1icens1ng matters within the scope af 10 CFR Part 110, which contains regulations on the export and import of nuclear-.facilities and materials, nor do they apply to any environmental effects which NRC's 11cens1ng and *related regulatory functions may have upon the env1 ronment of foreign nations.or the global con,mons. This approach :1s consistent with that adopted by CEQ and reflected in the pre-amble to its effective NEPA regulations, namely that CEQ's NEPA regula;fQns d1d not purport to resolve the question of whether NEPA applies abroad..!!

It fs also consistent with the overall structure of the Colmfssfon's regula-tions 1n 10 CFR Chapter 1, which separates the C011111ission 1s domestic licensing and related regulatory function~ from those applicable to exports and imports.

Part 51 as now 1n effect is silent on thfs point.

Scope and Organization of Proposed Subpart A As previously explained. proposed Subpart A, which implements sec-tion 102{2) of NEPA, applies only to the Commission's domestic 11censing and related ~egulatory.functions (§ 51, lO(a)).

Ji 43 FR 55978 at 55989 {Daily: Ed.) November 29. 1978.

The Com1ssioners Section 51.lO(b) of proposed Subpart A describes the Co111111ss10n 1s policy with respect to particular matters of NEPA implementation not addressed by the regulations fn proposed Subpart A.

In accordance with that policy.

the Comn1ss1on w111 follow the regulations of the Council on Environmental Quality as pub11shed by the Council on November 29. 1978 (43 FR 55978-56007),

except that the Cannissfon will devote further study to 40 CFR § 1502.14(b),

§ 1502.22(a) and (b) 1 and the port1on of§ 1508.18 which includes w1thfn the def1n1t1on of major Federal actfan "the circumstance where the respon-sible officials fail to act and that failure to -act 1s rev1ewable by courts or adm1n1strat1ve tr1buna1s under the Admfnfs.trative Procedure Act or other applicable law as agency action* before deciding to what extent these pro-visions may.or should mandate a change in present C011111ission policy. The Conmissfon will also:

(1) Examine any future interpretation or change to the Council's NEPA regulations; (2r Prepare an independent environmental impact statement whenever the C0111t11ssion has jurisdiction over an activity,. even though the Conm1ss1on has not been designated as lead agency for preparation of the statement; and (3) Make a final dec1s1on on any matter wfth1n the Colrm1ssfon's regulatory authority even though another agency has made a predecf-

~ siona1 referral of an NRC action to the Council under the procedures of 40 CFR *Part 1504.

Toe scope of Subpart A 1s fur~her limited by§ 51.lO(c). which states that Subpart A does not address any limitations on NRC's authority and respons1bi1ity pursuant to NEPA imposed by the Federal Water Pollution Control Act Amendments of 1972. Except*for needed edftorfal revfsions,

§ 51. lO(c) parallels § 51.* l(c) of the C0mmissfon 1 s present regulations. In addition. C001111ss1on actions initiating or relat1ng to adm1n1stratfve or judicial civil or criminal enforcement actions or procee<f1ngs, whictt are not cons1~ered major Federal actions within the scope of sect1on 102(2) of NEPA,£! are also excluded from the scope of Subpart A{§ 51.lO(d)).

The provisions of proposed Subpart A are organ1zed under _several broad headings which reflect, 1n part, the procedural order of the NRC NEPA process.

A description of each heading and its associated regulatory provisions is set.out in the Statement of Con~1derat1ons of the proposed rule {see Enclo-sure A, pp. 8-14).

y see 40 CFR § lsoa.1a(a).

The Corrm1ssioners Proposed Subpart A - Special Topics The following features of proposed Subpart A should be noted:

1. Prov1s1ons of CEQ NEPA Regulations Not Implemented in Proeosed Subpart A Proposed Subpart A does not implement all the provisions of CEQ's NEPA regulations.

As indicated in the Commission's letter of May 31, 1979 to CEQ, several provisions of the CEQ regulations will *require add1tfonal study before 1mplement1ng regulations can be prepared. These provisions of the CEQ regulations, fdentiffed below, are not reflected 1n proposed Subpart A.

§ 1502.14(b} which provfdes:that the env1romenta1 impact statement

"[d]evote substantial treatment to each alternative considered 1n detail 1nclud1ng the *proposed action so that reviewers may evaluate their campa_ra-tfve merits."

(Discussed 1n *sECY-79-305, at p. 8).

§ 1~02.22(a). which requires an agency to obtain information relevant to adverse impacts which fs not known, and which* is essential to a reasoned choice among alternatives if the overall costs are not exorbitant.

(Dfscussed in SECY-79-305 at p. 9.)

§ 1502.22(b), whfch requires an agency to perfonn a nworst case ana1y-s1s" and f ndicate the probab11ity or 1mprobab111ty of its occurrence when-ever the agency 1s unable to obtain infonnatfon relevant to adverse impacts important in making a reasoned cho1ce among alternatfves and the agency has decided. despite this uncertainty, to proceed with the action.

(Discussed 1n SECY-79-305 at pp. 9-11}

§ 1508.18, which includes within the definition of major Federal action.

• the cfrcumstance where the responsible officials fail to act *and that failure to act f s revfewable by courts or administrative tribunals under the Administrative Procedure Act or other applicable law as agency action."

(Discussed 1n SECY-79-305 at pp. 11-12.J Proposed Subpart A does not include 1mp1E!111ent1ng procedures for pro-posals.for legislation. The accelerated procedures contained 1n CEQ's NEPA regulations {40 CFR §§ 1502.3, 1406.B. 1508.17. 1508.lS(a}) seem adequate

• and do not appear to present any d1ff1cultfes from the standpoint of the Conmission*s independent regulatory -respons1bi11t1es. Since there appears to be no reason not to follow CEQ procedures.wfth respect to 1egislatfve proposals, special NRC fmplementfng regulatfons are not needed.

The Commissioners cq9s1stent with condition 3 1n the Co111111ss1on 1s letter of May 31, 1979 to CE(r' prop(lsed Subpart A does not include provisions implementing 40 CFR

§ 1501.5, which enumerates the responsibflitfes of lead agencies for the preparation of environmental impact statements and authorizes CEQ to desig-nate a lead agency when Federal agencies are unable to agree on which agency should undertake the lead agency role, and§ 1508.16~ which defines lead agency.

(§ 1501.5 is referred to in SECY~79-305 at p. 12.)

~i9s1stent with cond1t1on 4. in the Commission's May 31, 1979 letter to CEcpt proposed Subpart A contains no provisions which reflect 40 CFR Part 1504. Part 1504 prescribes procedures for predecision referral to CEQ of Federal interagency disagreements concerning propo*sed major Federal actions that might cause unsatisfactory environmental effects. (Referred to 1n SECY-79-305 at p. 12.)

2. Major Decisfon Points Section 1505.l{b) of the CEQ regu1at1ons directs agencies to q ***.

[designate] the major decision paints for the agency 1s principal programs likely to *have a signfficant effect on the human environment and...

[assure] that the NEPA process corresponds with them." This provision, as written. aptly describes and f s most readily appHcable to the act.1v1t1es of executive branch departments and agencies whose principal function is to develop and administer ongoing programs, not to engage in regulatory actfv1-t1es. Because of the basic differences between regulation and the develop-ment and administration of substantive programs, Subpart A reflects the intent rather than the letter of§ 1505.l(b), Thus, although proposed Subpart A does not contain a section 8 [d]esignating the major decision pof nts for the agency Is pri nc1 pa 1 programs.. :* every effort has been made fn drafting Subpart A to structure the NRC* NEPA process in such a way that the requisite environmental 1nfonnatfon will be available fn the fonn pre-scribed by NEPA at the time NRC decisions on licensing and regulatory actions are being made.

In.the opinion of the staff. the proposed regulations as drafted are also broad enough to encompass any NRC activities of a program-matic nature undertaken f n aid of the Comm1 ssion 's regulatory functions to which NEPA should apply.

13.

NRC reserves the right to prepare an independent environmental impact statement whenever it has jurisdiction over a particular activ-ity even though it has not been designated as lead agency for prepara-tion of the statement.*

"4.

NRC reserves the right to make a final decision on a11 matters within its regulatory authority despite the provisions of 40 CFR Part 1504 which provide procedures for*predecfsion referrals to CEQ, should such procedures be employed by another agency with respect to an NRC act1on.

11

The Conm1ssfoners 3. Categorical Exclusions CEQ's NEPA regulat1ons co~tain procedures for excluding.categories of act1ons which do not 1nd1v1dually or cumulatively have a s1gntf!cant effect on the human environment from the environmental revfew process..=! These.

procedures are included in§ 51.22 of proposed Subpart A. Section 51.22(a) describes what steps must be taken to designate a category of actions as a categorical exclusion. First. the Conmissfon must make a fonnal finding that the category of actions does not fndfvfdually or cumulatively have a significant effect on the human environment. Second, the Conmfssfon must establish the category by rule or regulation. Section 51.22(b) describes the *functfon of the categorical exclusion, namely to exclude certafn types of.actions from the env1ronmen~tl rev few process. Section 5.1.22( c) lists specific categories of action~ which the Co111111ssfon, after making the requisite findings, would propose to establish fn the ru1e as categorical exclusions. Categorical exclusions nos. 8. to 10. were prepared with the assistance of the Office of Nuclear Reactor Regu1atfon, which provided the justifications. Categorical exclusions nos. 11. to 14. were prepared w1th the assistance of the Office of Nuclear Material Safety and Safeguards, which provided the justifications for those categorica1 excl.usfons. A dis-cussion of the reasons for establishing each category and the requisite fonnal findings are set out in the Statement of Considerations of the pro-posed rule. (Enclosure A, pp. 17-48.)

.. Some of the 1 terns inc 1 u ded in Ca tegor-y 14, for ex amp 1 e ( xi f 1) - Research and deve1opnent licenses 1nvolv1ng less than ten curies of rad1oact1ve mate-rial. and Category*4*-

~Entrance into or amendment of an agreement with a State pursuant to sectf on 274 of the Atomic Energy Act of 1954, as amended, providing for assumption by.the State and dis-continuance by the Conmiss1on of certain regulatory authority of the COfllnfssfan,*

are 11kely to elicit controversial c011111ent.

Under the proposed regulations, all Conm1ssion actions, except actions totally excluded from Subpart A (e.g., actions relating to exports and enforcement actions) and actfo*ns falling wfth1n classes 'of actions designated as categorical exclusfons. will be subject to the NRC NEPA review process. After proposed Subpart A becomes effective, 10 CFR 40 CFR §§ 1500.4(p), 1500.S(k), 1501.4(a), 1507.3(b), and 1508.4.

These categories of actfons appear at§ 51.22(c) of the proposed regu-lations. See Enclosure A at pp. 75-78.

The Co1'11111ssfoners

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§ 51.5(d){4).Z/ can no longer be used to exclude from NEPA review NRC actions relating to the issuance of numerous materials licenses. amendments and renewals, as we11 as other minor actions. If the majority of these actions previously excluded by§ 51.S(d)(4) are not exempted through the proposed categorical exclusions, the impact on 11censing act1ons by NMSS would be.

severe. The primary imp act would be 1 n the area of materials licensing where some 7,000 licensing actions per year (new licenses, amendments and renewals) would be subject to the preparati§Q of enviromn.ental assessments. Preliminary estimates of the approximate cost$ to perfonn these environmental assessments are as follows:

Materials L1censfng Transportation Licensing Fuel Cycle Licensing Safeguards Licensing Man-years per year 50 1

4 1

To obtain relief from the prospective burden of preparing environmental assessments for these actions, appropriate categorical exclusions hdve been proposed.

4. Time Schedules Section 1501.8 of CEQ's NEPA regulations encourages Federal agencies to set overall tfme limits or lfmfts for each constituent part of the NEPA process. Federal agencies are required by 40 CFR § 1501.S(a) to set time limits whenever an applicant or petit1oner requests them.

Time schedules are addressed fn section 51.15 of proposed Subpart A.

Section 51.15(a) authorizes the* appropriate NRC staff director or his desfgnee to establish time schedules for all or any constituent part of the NRC staff NEPA process and provides that the NRC staff w1ll conduct 1ts NEPA review, to the maximum extent practicable, in accordance with any time sched-ule so established.* Whenever the NRC staff is unable to meet a tfme schedule established at an applicant's or petitioner's request. the applicant or peti-t1oner will be infoi"med 1n writing of the reason for the delay.

11 10 CFR § 5l.5(d)(4) states: "(d) Unless otherwise detennined by the Ccmn1ssfon, an enviromenta1 impact statement, negative declaration, or environmental impact appraisal need not be prepared 1n connection with the following types of actions: *.* {4) Issuance of a materials license or amendment to or renewal of a materials or facilitt license or pennft or order other than those covered by paragraphs (aJ and (b) of this section."

Cost expressed in man*years per year at current (1979) rate of licensing activity.

The Cormiss1oners Section 51.lS(b) provides that any tfme schedules applicable to actions of Atomic Safety and Licensing Boards, Atomic Safety and L1cens1ng Appeal Boards or the COnwniss1oners actfng as a collegfal *body w111 be established by the Boards and the Conmfssfon, respectively, 1n accordance with procedures in 10 CFR Part 2. Subpart 6 of the COnm1ssion 1s Rules of Practice.

s. Add1tfona1 Types of Actions Requiring Environmental Impact Statements Section *s1.2o(b) of prigosed Subpart A adds several specf fie types of actions to the present lfs~ of those for which environmental impact state-ments are required. These actions include:

Issuance of licenses pursuant to Parts JO and 70 authorizing the receipt and possession for purpose of storage of spent commer-cial reactor fuel at a sfte not occupfed by a nuclear power reactor; Issuance of an author1zat1on to construct a repository for the storage or disposal of high-level radioactive waste; Issuance of a license to* receive and possess high-level radio-active waste 1n a repo-sitory for the purpose of storage or d1sposal; and

~

Amendment of a lf cense to authorize deconrniss1oning of a r-eposf-tory which has been used for the storage or disposal of high-level radioactive* waste.

6. Additional Types of Actions Reguiring Env1ronmenta1 Assessments Section 51.2l(b) of proposed Subpart A broadens the present lfstlQ/ of types of actions requiring environmental assessments. Types of actions added include:

Issuance. of a license pursuant'. to Parts 30 an4 70 authorf zing the recetpt and possession for purpose of storage of spent c0111J1ercial reactor fuel at an 1nsta11at1on on the site of but separate from a nuclear power reactor.

Issuance of 11 cense amendments to authorize backfi 11 i ng of a repository whfch has been used for the storage or disposal of high*

level radioactive waste..

!/ Sec. 51.S(a)(l) - (iO) of the Ccn111issfon 1s present regulations.

.!Q./ Sec. 51.S(b)(l) - (8) of the Commission's present regulations.

The Co11111issioners Issuance of amendments to or renewals of licenses that would authorize or result in a significant expans1on of a site, a signifi-cant increase in o<:tupatfona1 exposures, a significant increase 1n the potentfal for accidental releases. or a significant increase fn spent fuel storage capacity, inc1uding amendments to or renewals of.

licenses authorizing the receipt and possession for purpose of storage of spent conmercial reactor fuel both on and off the s1te occupied by a nuclear power reactor, and amendments to or renewals of 1 icenses authorizing the receipt and possession of high-level radioactive waste fn a repository for the purpose of storage or disposal.

Issuance of licenses pursuant to Parts 30, 40, or 70 for nuclear laundries, to authorize processing of byproduct. source. or special nuclear materials for distribution to other licensees, to authorize processing of source material for extraction of rare earth and other metals (except that uranium milling* fs treated separately), or for testing of depleted uranium military munitions.

Instead of environmental impact statements. environmental assess-ments are now required for amendments of Parts 30, 40, or 70 of this chapter concernfng the exemption from lfcensfng and regulatory require-ments of any equipment, devfce. comnod1ty, or other product containing byproduct material.* source material, or special nuclear material. (See 10 CFR § 51.5(a){9)-.)

Environmental assessments are also required for similar amendments establishing general licenses.

7. Scop1ng When the Counci 1 on Envi ronmenta 1 Qua 1 i ty pub 1 f shed its effective NEPA regulations, it stated that:

• The concept of scoping was one of the innovations fn the proposed regulations most un1fornily praised by members of the public ranging

• from business to environme.ntalists.n (43 FR 55982, Daily Ed., Novem-ber 29, 1978.)

Sections 51.26, 51.28 and 51.29 of proposed Subpart A implement the scoping concept. The prop~fi:d regulations track the parallel provisions of CEQ 1s NEPA regulations,..lll except in the following respects:

Section 51.29(b) provides that partfc1pat1on in a scoping process does not, by itself, entitle the participant to become a party to.the proceeding as provided fn 10 CFR § 2.714, to make a limited appearance in a proceeding as provided in 10 CFR § 2.715, or to participate in a rulemaking proceeding as provided in the notice of hearing.

ll/ See, !:JI.** 40 CFR §§ 1501.7, l50l.4(d), see also § 1508.22(b).

The Co1J1111ss1oners

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§ 51.28(b) directs the appropriate NRC staff director or his des1gnee, at the conclusion of a scoping process. to prepare a concise sunrnary of the detenninat1ons and conclusions reached, 1nc1 uding th& s1gnff1cant issues fdentff1ed, and to send a copy of the surrmary to each participant in the scoping process.

a. Public Hearings; Record of Decision; Final Finding of No Signi ficant Impact To acc01m1odate* the requirements of NRC's regulatory process which include adjudicatory proceedings with publfc hearings before an Atomic Safety and Licensing Board. with subsequent administrative review by an Atomic Safety and Licensing Ap~eal Board or by the Commission, proposed Subpart A provides (§ 51.102(c)) that if an action is subject to a hearing under the regulations in Subpart G of* 10 CFR Part 2, or 1f the action can only be taken by the Convnissfoners acting as a collegial body, the appro-pr;ate NRC staff director or his designee w111 prepare a proposed record of decision. The proposed record of decision may be modified as a result of Commission review and decision as appropriate to the nature and scope of the proceeding, and will be issued as the record of decision by the presfdfng officer. the Atomic Safety and L1censing Appeal Board, or the C01m1issioners acting as a collegial body, as appropriate. Thus, under the proposed regu-lations. adjudfcato~y decisions that differ from the NRC staff impact state*

ment wfll no longer be regarded as amendments to the staff statement, but rath.er will be regarded as changes to the proposed r-ecord of decision.

Parallel procedures (§ 51.34(b)) are provided for the preparation and issuance of a final finding of no significant impact when the action is subject to a hearing under the regulations 1n Subpart G of 10 CFR Part 2, or can only be taken by the Corrm1ss1oners acting as a collegial body.

9. Appendix A - Fonnat for Presentation of Material in Environmental Impact Statements Append1x A of proposed Subpart A describes the fonnat which the COl'llllis-sion wil 1 use in preparing envfronmenta1 impact statements. Except for 1tem (a)(7) - Env1ronmental Consequences and Mitigating Actions, the topic headings listed in section 1 are the same as those lfsted in CEQ's NEPA regulations (see 40 CFR § 1502.10.) Sections 2.-9. describe the type of infonnatfon to be supplied in connection with specific topics {those iden-tified by an asterisk in section 1.) with a vfew to eliminating duplica-t1on in the presentation of fnformat1on and discussion of issues~

10. Promulgation of Revised Part 51; Effective Date Consfstent'with the procedures*out11ned b1 CEQ and with the Col!lllis~fon's customary practice, the proposed revision of Pa.rt 51 will be published for public comment. After expiration of the c01T1nent period (60 days) and review

The Conmfssioners and analysis of any conwnents, the proposed revision of Part 51, with any modifications that may be necessary, will be submitted to the Coomfssfon for consfderatiqn and promulgation as a final rule. Until a final rule fs adopted, the Conm1ssion's present regulations w111 remain fn effect.

CEQ 1s insistent that agency procedures implementing NEPA not be issued in final fonn wf thout public review and conment and without prior review by the Council for confonnfty with NEPA and CEQ 1s regulations (40 CFR § 1507.3(a).)

CEQ is also on record as opposing issuance of "1~ter1m effective" or "final" regulations prior to public review and c0n111ent..!Y CEQ 1s equally insistent that agencies have final regulations in effect by July 30, 1979, the effective date of CEQ's NEPA regulations. In addition, CEQ has stated that on July 30*t 1979, CEQ's NEPA regulations are binding throughout the Federal government regardless of whether individual agencies have adopted implementing procedures.

Despite best efforts, it has not been possible to develop the proposed revision of Part 51 and complete the rulernak1ng process in time to have final regulations 1n place by July 30. 1979.

On July 16. 1979. the Commfssion was so advised. The delay 1s not unique to !JC. Other Federal agencies appear to be experiencing similar difficultfes *.ilf W Excerpt from Memorandum For NEPA Uaisons, 11Deadlfne for Adoption of Agency Impl ementf ng Procedures. June 13, 1979..

11 *

• Some agencies which have fallen behind this schedule have suggested that they could meet the July 30 deadline by issuing proposed procedures that would

.. become effective on an I interim' bas1 s on July 30. Other agencies have suggested fssuing final procedures by July 30 (without public review) that would be subject to revision following public review and c0111Dent after July 30.

11These suggestions are unacceptable to the Council. It is the Council's view that agency procedures published as 'interim' or 'final,'

without the benefit of public review and cORJnent and formal Council review, would violate the requirements of Section 1507.3(a). The Council seriously doubts whether such 'interim' agency procedures will have legal effect. We therefore strongly urge agencies not to use that approach but instead make every effort to submit their draft procedures for public review and cormient (as well as CEQ review} before final issuance by July 30th. The regulations were issued to provide a unifonn approach to NEPA compliance for the entire goverment, to eliminate 1 nconsi stent agency practf ces under the statute. and to improve coor...

dination among Federa1 agencies involved in the environmental review process. To ensure that these goals are met without unnecessary lftf-gation. it is essentfal that all federal agencies comply with the July 30 deadline and adopt, after public review and consultation with CEO. imple...

mentfng procedures which become finally effective by that date....

• ll/ See CEQ 1s nsecond Progress Report on Agency Implementing Procedures Under the National Environmental Polf cy Act, 11 44 FR 43037-43038, JulY 23, 1979, attached as Enclosure B.

The Cornnissioners

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The simplest approach would be to follow the C0mfssion 1s well-established rulemak.1ng procedures, whfch. rest on the premise that existing regulations remain in effect until formally amended. This procedure 1s consistent with the Connfssion's undertaking ~,develop regulations to take account of CEQ's NEPA regulations voluntarily.~

Th1s simple approach will create some litigatfve r1sk, since the issue of NRC compliance w1th CEQ NEPA regulat1ons may arfse with regard to NRC actions occurring between July 30, 1979 and the date NRC 1s final regulations go into.effect. Another solution-~mak1ng the proposed regulations effective now on an interim basfs--would also conflfct with CEQ 1s instructions and thereby give rise to a series of complicated questions ~egarding the expected 1mpact of CEQ regulations on NRC that w111 cause confusion and delay.

On balance, the staff prefers the ffrst, simplest approach since it seems to have the least drawbacks.

Designation of person to be responsible for overall review of NRC NEPA compliance Section 1507.2(a) of CEQ 1s NEPA regulations states in part:

"Agencies shall designate a person to.be responsible for overall revf ew of agency NEPA compliance. n

.. There are several possible ways fn which this directive might be imple-mented. Since the review function is agency-wide, assignment of the function to a Co11mission office with agency-wide authority would seem most appropriate.

Some possibilities include:

At the Co111111ssion level:

Office of Policy Evaluation Office of the General Counsel

.!!7 One specific exception should be noted. Section 1506.12(a) of CEQ's NEPA regulations provides that:

"These regulations do not apply to an environmental impact statement or supplement if the draft statement was filed.before the effective date

[July 30, 1979) of these [CEQ's] regulations...

11 -This provision f s reflected fn section 5L12(c) *of proposed Subpart A. Since Sectfon 51.12(c) only applies to environmental impact statements and other environmental documents prepared by the CCfllllission, the July 30, 1979-date set by CEQ has been retained.

The Cornn1ss1oners

.. 13 -

At the Staff level:

Executive Director for Operations C0111T1ission guidance and instructions are requested.

Recomrendatfon:

That the Conmiss1on:

1.

Approve for publication in proposed fonn revised 101:FR llart 51, 11Environmenta1 Protection Regula-tf ons for Domestic Licensing and Related Regulatory Functionsn and related confornring amendments.

2.

Note that the proposed revision of Part 51 would be pu6fished in the Federal Register for a c01m1ent period of 60 days.

3.

Note that General Accounting Office clea.rance of

~reporting requirements wfll be obtained prior to the_effectfve date of the final rule, 4~

Note that revf ew *of the proposed revision of Part 51 by the Council on Environmental Quality will be obtained prior to the effective date of the final rule.

5.

Note that the appropriate Congressional Corrm1 ttees wTTT be fnfonned.

6.

Note that a public announcement of this action w111*

'6i""Tssued.

Cost Estimate: As stated fn SECY-79-305, revfs1on of 10 CFR Part 51 is not the only task that must be undertaken to implement CEQ's NEPA regulations.

Regulatory guides, environmental standard review plans and offfce procedures will need review and revision.

NRC resources and personnel will have to be reevaluated to determine the availability of needed environmental expertise.

and the person responsible for overall review of agency NEPA compliance will have to be des1gnated. In anticipation of this work, NRC staff offices were again asked to review the preliminary cost estimate included in SECY-79-305

The Co11111issioners

- 14...

at p. 22.ID The advice received indicates that 1t 1s not possfble to prepare a more definitive cost estimate at this _time, except for the approxi-mations given on page* 7. by rtlSS ff environmental assessments are required for the identified licensing actions.

Coord1nat1 on:

The Offices of Standards Developnent, Nuclear Material Safety and Safeguards. Nuclear Reactor R*egulat1on, Nuclear Regulatory Research, and State Programs concur.

<L-&,t-7,,//'

~

/

0::rd K. Sha.par Executive Legal Director

Enclosures:

A.

Notice of Proposed Rule Making B.

CEQ's "Second Progress Report ill on Agency Implementing Procedures Under the National Environmental Policy Act,*

44 FR 43037-43038, July 23, 1979

• cost Estimate: According to preliminary estimates, the approximate cost of actions required to initiate implementation of CEQ's NEPA regulatfons, 1ncludfng, among others, revision of 10 CFR Part 51, development of a revised fonnat* for environmental impact statements, development of procedures for early scoping of environmental issues, initiating revision of NRC 1s present Environmental Standard Review Plans (ESRPs}, is expected to be about 12 man-years. Th1s estimate of "start-up 11 costs does not include costs of routine implementation of CEQ NEPA regulations over an extended period. It would be premature to develop estimates of the latter costs at this time.a SECY-79-305, at p. 22.

-'---,----~------,--,-------------- - -*..

'I_'.*.

NUCLEAR REGULATORY COMMISSION (10 CFR Part 51]

(10 CFR Parts 2. 30,' 40, 50 and 70]

ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LlCENSING AND RELATED REGULATORY FUNCTIONS AND RELATED CONFORMlNG AMENDMENTS AGENCY: U.S. Nuclear Regu1atory Connfssfon.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is considering revising Pa~t 51 of its regulations to implement section 102(2) of the National Environmental Policy Act of 1969, as_ amended, (NEPA) fn a manner whfch fs consistent with the NRC 1s domestic licensing and related regulatory author-ity and which reflects the Co111111ss1on's policy to take account voluntarily, subject to certain conditions, of the regulations of the Council on Environ-mental Quality implementing the procedural provisions of NEPA.

DATES:

COl11llent period expires (date inserted w111 be 60 days after date notice of proposed rule making fs published in the FEDERAL REGISTER).

ADDRESSES: All interested persons who desire to submit written c0111nents or suggestions for consideration 1n connection with the proposed rule should send them to the Secretary of the C01'11111ssiont U.S. Nuclear Regulatory Com-mission, Washington, D.C. 20555. Attention: Docketing and Service Branch.

Copfes of all comnents received may be examined in the Conwnission 1s Public Document Roon at 1717 H_ Street, N. W., Washington, D, C.

FOR FURTHER INFORMATION CONTACT:

Jane R. Mapes, Assistant Regulations Counsel Office of the Executive Legal Director U.S. Nuclear Regulatory Cornniss1on Washington, D.C.

20555 Telephone:

(301) 492-8695 SUPPLEMENTARY INFORMATION:

On July 18, 1974 (39 FR 26279), the Atomic Energy Connnission, the Nuclear Regulatory Commission's predecessor agency, published a new Part 51 in order to consolidate Co111nission policy and procedure for implementing section 102(2)(C) of the National Environmental Policy Act of 1969, as amended (NEPA), in one place in the Corrmission 1s regulations.

Part 51 1 which became effective August 19, 1974, was also intended to imple-ment revised Guidelines of the Council on Environmental Quality wh1th were published in the Federal Register on August 1, 1973 (38 FR 20550-20562) and pertained to preparation of environmental impact statements under NEPA.

When the Nuclear Regulatory C(fflllission was established on January 19 9 1975, 1t retained 10 CFR Part 51 as part of 1ts regulations.

On May 24. 1977, the President issued Executive Order 11991 (42 FR 26957-26958, May 25, 1977) which directed the Council on Environmental Quality {CEQ) to issue regulations to the Federal agencies to implement all the procedural provisions of NEPA.

In this same Executive Order, the

President also directed Federal agencies to comply with regulations issued by CEQ nexcept where such comp11ance would be inconsistent with statutory requirements. a In response to the Presfdent 1s directive, and after an extensive period of study, consu1tat1on and review which included public hearings, issuance of draft regulations and a two month period for public review and conment, the Council on Environmental Quality published final regulations implementing the procedural provisions of NEPA and announced that these regulations would become effective July 30, 1979 (43 FR 55978-56007. November 29 1 1978.) The regulatfons stated that the Counc11 1s curren~ guidelines, as published in the FEDERAL REGISTER on Avgust 1, 1973, would rem~in in effect until that date.

Following publication November 29. 1978, CEQ's NEPA regulations were closely studied by NRC staff. On May 1, 1979, NRC staff submftted a paper to the Co111n1ssion (SECY-79-305) informing the Comm1ss1on of the results of the staff 1s analysis of CEQ's NEPA regulations and requesting guidance.

In response. the Cornn1ssion prepared a letter for the signature of the Chainnan which was sent to the Chatnnan of the Council on Environmental Qualfty on May 31, 1979 expressing the C011111ission 1s view "that a sound acc001111odation can be reached between NRC's independent regulatory responsibilities and CEQ's objective of establishing un1fann NEPA procedures and stating that

• 4 *

• the Commission would undertake to develop regulations to take account of CEQ's NEPA re*gulations voluntarily/* subject to the following conditions:

111. The Conm1ss1on reserves the right to examine future interpreta-tions or changes to the regula.tions on a case-by-case basis.

"2. The effect of some specific provisions of CEQ's NEPA regulations (e.g., 1502.14{b), 1502.22(b) and 1508.18) on the Commission's regulatory activities 1s unclear. [See SECY-79-305, available in the Co111111ssion 1s Public Document Room.] The C0111niss1on wf11 devote additional study to these matters before developing implementing regulations.

~

13.

NRC reserves the right to prepare an independent environmental impact statement whenever it has jurisdiction over a particular activity even though ft has.not been designated as lead agency for preparation of the statement.

114.

NRC reserves the right to make a final decision on all matters within its reg~1atory authority despite the provisions of 40 CFR Part 1504 whfch provide procedures for predecisfon referrals to CEQ, should such procedures be employed by another agency with respect to an NRC action. 11 In the paper to the C01J111issfon (SECY-79~30~ at p. 12). NRC staff also identified several specific provisions of the CEQ NEPA regulations (see

.. 5 -

SECY-79-3O5, Enclosure D.) whfch could present problems if NRC were not allowed flexibility in implementing them.

In that paper, the NRC staff fnfonned the Cormnfssfon that CEQ had been consulted infonnally about these provisions and that ba~ed on CEQ 1 s response to the NRC staff's concerns, it did not appear that implementation of these provfs1ons would be difficult.

In the opinion of the Commission, the proposed revision of 10 CFR Part 51 published today for* public c011111ent provides a reasonable and sou_nd accanmoda-tion between NRC 1s independent regulatory responsibilities and CEQ 1s objective of establishing unifonn NEPA procedures. It also reflects a recognition of the Camnission's role {fn its licensing capacity as opposed to its enforce-ment capacity) as a 1 f cens1ng body whose principa 1 function is to approve or.. disapprove, not to ;nitiate~ a proposal. After expiration of the c00111ent period and review and analysis of any c011111ents submitted, the C01t111issfon will decide whether to adopt the proposed revision of Part_ 51, wfth any modifications that may be necessaryt as a final rule. Until a ffnal rule is adopted, the C0111111ss1on 1s present regulations will remain in effect.

The proposed revision would restructure 10 CFR Part 51 into several subparts, Proposed regulations fmplementing section 102(2) of NEPA are set out in Subpart A.

• It is the Conmissfon's plan to add subparts as necessary to incorporate any additional regulations which may be required to imple-ment provisions of other environmental laws.

Environmental protection regulations contained in proposed Part 51 only apply to the NRC's domestic licensing and related regulatory functions.

The proposed regulations do not apply to export licensing matters within the scope of 10 CFR Part 110. (The proposed regu1atf ons do cover imports of nuclear equipment and*mater1als.) Nor do the proposed regulations apply to any environmental effects which NRC's licensing and related regulatory func-tions may have upon the environment of foreign nations or the global commons.

(The global corrmons comprises areas outside the jurisdiction of any nation.

e.g., the oceans or Antartica.Y} Th1s approach 1s consistent with that taken by the Council on Environmental Quality 1n the preamble to its effec-tive NEPA regulations, namely that it was not the purpos~ of those regula-tions to resolve the question of whether NEPA applies abroad.Y In addition to these limitations, the regulations fn proposed Subpart A also state that C0tm11ss;on actions initiating or relating to administrative or Judicial c1v11 or criminal enforcement actions or proceedings are* not subject to section 102(2)- of NEPA (§ 51.l0(d) ) and that Subpart A does not address any 11mitati ons on the NRC 's authari ty and respons1b111 ty pursuant to NEPA imposed by the Federal Water Pollution Control Act Amendments of 1972 (§ 51.lO{c)).

JJ y

Executive Order 12114, January 5, 1979. on "Environmental Effects Abroad of Major Federal *Actfons." Sectfon 2-3(a).

• 43 FR 55978 at 55989, November ig, 1978.

"Comments on the ap~lf catf on of NEPA abroad. Several comnenters urged t hat the question o whether NEPA applies abroad be resolved by these regulations. However, the Pres;dent has publicly announced his intention to address this issue 1n an Executive Order. The Executive Order, when issued, will represent the position of the Administration on that issue." See footnote 1.

Section 51.lO(b) of proposed Subpart A describes the Corm1issfon 1s policy with respect to a particular matter of NEPA 1mplementat1on not addressed by the regulat;ons in proposed Subpart A.

In. accordance with that policy, the Coounission will foll<M the regulations of the Council on

.Environmental Quality as published by the Council on Novent>er 29, 1978 (43 FR 55978-56007), except that the Commission will devote further study to 40 CFR § 1502.14{b), § 1502.22(a} and (b), and the portfon of§ 1508.18 which 1nc.1udes w1 thin the def inf tion of major Federa 1 action "the circum-stance where the responsible officials fafl to act and that failure to act fs reviewable by courts or administrative tribunals u_nder the Administra-tive Procedure Act or other applicable law as agency action." before deciding to what extent these provisions may or should mandate a change in present' Conmission policy. The Commission wi11 also:

(1) Examine any future interpretation or change to the Council's NEPA regulations; (2) Prepare an independent environmental impact statement whenever the *ccmn1ssfon has jurisdiction over an actfvfty, even though the C0m1fss.1on_

has not been designated as lead agency for preparation of the statement9 and (3)

Make a ffnal decision on any matter within the Conmission 1s regu-latory authority even though anoth@r agency has made a predecfsfonal referral of an NRC action to the Council under the procedures of 40 CFR Part 1504.

Unlike the present text of 10 CFR Part 51, which contains procedures 1mplement1ng the provisions of section 102(2) (C) of NEPA relating to the preparation and use of environmental impact statements, proposed Subpart A contains procedures implementing all the provisions of section 102{2} of NEPA.

In_ preparing the proposed revfs1on of 10 CFR Part 51, the C01111lfssion has been mindful of, and has attempted to reflect 1n these proposed regula-tions, the fact that in exercising its licensing functions. the Commission is limited to approval or denial of applic:a:tions.

Except for its power to condition its approval of the proposed action, the Comissfon lacks authorf ty to require other alternatives to that action to be pursued.

The provisions of proposed Subpart A are organized under several broad he~dings which reflect, in part, the procedural order of the NRC NEPA process.

(In order to provide room for possible future expansion, certain section numbers have been intentionally omitted.)

Sections grouped under the heading "Preliminary Procedures" {§§ 51.20-51.35) include those identifying types of act1oos requfrfng envfronmental impact statements or env;ronmental assessments or excluded from the NEPA process as categorical exclusions(§§ 51.20, 51.21 and 51.22).

The requisite findings supporting the categorical exclusions 1isted in § 51.22(c) of the proposed rule are set out in the statement of considerations under the head-ing "Categorical Exclusions."

When proposed Subpart A becomes effective, a 11 Co11111i ssion actions, except actions totally excluded from Subpart A, and actions falling within classes of actions designated as categorical exclusions, wfll be subject to the* NRC NEPA review process.

As a consequence, many actions which were pre-viously excluded from NEPA review (specifically those actions described in 10 CFR § 51.5(d)(4) of the C0111Rission 1s present regulations# will require environmental assessments. To 11mft the preparation of environmental assessments to those types of actions for which they are really needed, additional categorical exclusions might be established. Comments and sug-gestions on this matter are invited.

Also included under 0 Preliminary Procedures" are sections directing the NR~ staff to detennine what NEPA procedures are applicable to a particular --

proposed action, to publish a notice of intent and conduct a scoping process whenever the staff plans to prepare an environmental impact statement, and to publish any finding of no significant impact. Section 51.33 contains procedures which will enable the*staff in difficult cases to prepare and obtain comnerits on a draft finding of no significant impact before deciding y

10 CFR § 51.5{d)(4) states: *(d) Unless otherwise detemined by the Comnission, an environmental impact statement. negative declaration, or environmental impact appraisal need not be prepared in connection with the following types of actions:... (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."

whether to issue a final finding of no significant impact or to prepare an environmental impact s_tatement.

Section 51.28, which describes the scoping process, directs the appro-priate NRC staff director or his ~es1gnee to prepare a concise*sunmary of the detem1nations and conclusions reached and significant issues identified and to furnish copies of the *sunmary to each participant~ Section 51.28 also authorizes the appropriate NRC staff director or his designee at any ti me pri or to i s_su a nee of the draft env fronmen ta 1 impact statement to rev 1 se the determinations made in the scoping sumnary as appropriate, if substantial changes *are made in the proposed action, or 1f significant new circumstances or infomiation arise which bear on the proposed action or its fmpacts.

The provisions in Subpart A which describe how applicants and peti-tioners shall participate in the NRC NEPA process (§§ 51.40-51.66) are grouped together under the general heading uEnv1ronmenta1 Reports and Infor-mation... Requirements Applicable to App11 cants and Petitf oners.

11 General requirements applicable to all applicants and petitioners (§§ 51.40, 51,41 and 51.45) are followed by specific provisions which apply respectively to applicants seeking licenses for production or utfl1zat1on fac111ties (§§ 51.50-

51. 55). app 11 can ts seek1 nf ma teri a 1 s 11 censes { §§ 51. 60... 51. 61), and peti-tioners for ru1e mak1ng (§§ 51.65~51.66).

Provisions relating to the preparation and d1str1but1on of draft and final environmental impact statements and any supplements to those state-ments and provisions governing requests for COllll'lents on draft environmental impact statements and on supplements to both draft and final environmental impact statements (§§ 51. 70-51.99) appear under the general heading "Environ-mental Impact Statements. 11 Following the pattern established in the sections relating to environmental reports. general requirements applicable to all types of environmental -impact statements (§§51.70-51. 74, a~d §§ 51.90-51.94) precede additional specific.requirements applicable respectively to statements prepared in connection with production and utilization facilities (§§ 51. 75.

51.76, 51.77 and 51.95), materials licenses(§§ 51.80, 51.81 and 51.97). and rule making (§§ 51.85, 51.86 and 51.99).

The primary purpose of the NEPA process is to make environmental infor-mation available to public officials and citizens before decisions are made and actions taken. The process is intended to help pub1ic officials make decisions*that are based on an understanding of environmental consequences and take actions that w111 protect, restore and enhance the environment. To achieve these goals CEQ's NEPA regulatf.ons contain provisions limiting agency actions. For example, under 40 CFR § 1506.10, a Federal agency may neither make nor record a decision on a proposed action requiring an environ-mental impact statement until the later of the following dates~-90 days after publication of a notice of availability of a draft environmental impact statement or 30 days after publication of a notice of availability

.. 12 -

of a final environmental impact statement. 40 CFR § 1506.l(a) prohibits a Federal agency, which has made a decision in conn~ction with a proposed action for which an environmental impact statement*is requ1red, from acting on that decision until after a fonnal record of decision (see 40 CFR § 1505.2) has been issued. Proposed Subpart A contains parallel provisions (§§ 51.100, 51.101, 51.102) under the heading "NEPA Procedure and Admi*nistrative Action.

11 Subject to a modest exceptfon!' appl icab1e only to rule making proceed-ings initiated for the purpose of protecting the public hea1th and safety or the carmon defense and securitYs § 51.100 prohibits the C001111ssion from making and recording a decision on any action for which an environmental impact statement is required until 90 days after publication of a notice of av~_11ability of a draft environmental impact statement or 30 days after publication of a notice of availability of a final environmental impact statement, whichever is later.

Sec ti on 51.101 prohibits the Co11111f ss ion from taking any action which might have an adverse env i ronmenta 1 imp act or 1 f mit the choice of reasonable alternatives concerning a proposed licensing or regulatory action for which either an environmental impact statement or an environmental assessment is required, until after a record of decision or a final finding of no signfff-cant impact has been issued. Section 51.101 also provides that similar 47 Under this exceptiont the Connission may make and publish a decision on a final rule at the same time that the Environmental Protection Agency publishes the FEDERAL REGISTER notice of filing of the final environ-mental impact statement(§ 51.lOO(b)).

actions taken by applicants and petitioners 1n those circumstances may be grounds for the denial of a license or petition. In the case of certain types of licensing actions.ii section 51.101 provides that the prohibitions against canmencement of c:onstruct1on in 10 CFR §§ 30.33(a){5), 40.32(e).

50.lO(c), and 70.23(a)(7), will be used as benchmarks to detenn1ne whether particular actions by applicants or petitioners wi11, in fact, have an adverse environmental impact or limit the choice of reasonable alternatives.

Section 51,lOl(c) removes certain limited types of actions from the reach of these restrictions. Applicants for NRC licenses>> pennits, or other fonns of pennfssion may continue developing plans or designs necessary to support their applications. Subject to prior notice and consultation with th~ NRC staff. applicants may also continue to perfonn physical work neces-sary to support their applications or continue to perfonn any other physical work relating to the proposed action if the latter work has a de minimis adverse environmental impact.

Section 51.102 requires that a record of decision be prepared and specifies the NRC officfa1s responsible for carrying out the task.

To acccmnodate the requirements of NRC's regulatory process,§ 51.102 also provides that if an action fs subject to a hearing under the regula-tions in Subpart G of 10 CFR Part 2, or if the action can only be taken by The types of licensing actions described in 10 CFR §§ 30.32(f), 40.3l{f),

50.lO(c) and 70.21(f}.

the Conwnissioners acting as a collegial body, the appropriate NRC staff director or h1s designee will prepare a proposed record of decision. The proposed record of decision may be mod1f1ed as a resu1t of Conm1ssion review and decision as appropriate to the nature and scope of the proceeding and will be issued as the record of decision by the presiding officer, the Atomic Safety and Licensing Appeal Board, or the C0f'lll1iss1oners.acting as a collegial body, as appropriate. Section 51.34 provides parallel proce-dures for the preparation and issuance of a final finding of no significant impact fn s1m11ar circumstances.

Procedures governing the consideration of environmental 1mpact state-ments in public hearings are also included under the heading 11NEPA Procedure an~ Administrative Action" (§ 51.104 - general procedures;§ 51.105 - pro-cedures appl 1cab1e in publ 1c hearings in proceedings for issuance of con-struction permits or lice*nses to manufacture production or utilfzation facilities).

Proposed requirements relating to availability and public notice of environmental documents are set out under the heading 11Publ1c Not1ce of and Access to Environmental Documents" (§§ 51.116-51.123). Proposed Appendix A provides a fonnat for environmental impact statements. Designed to*elimi-nate duplication fn the presentation of information and disucssion of issues, the proposed fonnat parallels that set out in 40 CFR § 1502.10 of CEQ 1s NEPA regulations.

Proposed Subpart A does not implement a11 the provisions of CEQ 1s regulations.

As indkated in the C011111issfon 1s letter of May 31, 1979 to CEQ, several provisions of the CEQ regulations will require additional study before the Co11111ission can prepare implementing regulations. A brief su11111ary of these prov1s1ons and their relat1onsh1p to the Co11111fssion's pre..

sent regulatory practices follows.

Comments and suggestions on these matters are invited.

l.

40 CFR § 1502.14(b) provides that the environmental impact state-ment.

11[d]evote substantial treatment to each a1ternat1ve consfdered in detail including-the proposed action so that reviewers may evaluate their comparative merits." The rationale for the Commission's policy on cons1d*

er~tion of alternative sites, to cite one-example, proceeds from the premise that major adverse environmental impacts can nonnal ly be 1denti fied using reconnaissance-level information.ii The added costs of requiring detailed sf te-s p ec i f i c invest i ga t fons and ana 1 yses on a 11 cand 1 date sites no nna lly would not be justf fied by the resultant marginal improvement in environ-mental protection.

Reconnaissance-level infonnation is any infonnation or analyses that can be retrieved or generated without the perfonnance of new1 compre-hensive site-specific investigations. Reconnaissance-level information fncludes relevant scientific literature, reports of government or pri-vate research agencies, consultation with experts, short-term field investigations. and analyses perfo""ed using such information. The amount of reconnaissance~level infonnation required and the extent of analyses should be matched to (1) the importance and magnitude of the potential impact and (2) whether the deci,sfon 1s one of identifying a region of interest. identifying candidate sftes1 or selecting a proposed site.

2.

40 CFR § 1502.22(a) requires an agency to obtain 1nfonnation rele-vant to adverse environmental impacts which 1s not known and which is essen-tial to a reasoned chofce among alternatives if the over-all costs are not exorbitant. *Thfs provision could have a* significant impact in those circum-stances where extensive infonnation has been developed with respect to one alternative and infonnat1on regarding other alternatives has not yet been developed. This provision could impact any NRC* decision in this circum-stance where the costs (in tenns of both 1nfonnatfon-gathering costs and project delay costs) of obtaining the infonnation needed for a reasoned choice among alternatives are large but fall short of being exorbitant.

3.

40 CFR § 1502.22(b} requires an agency to perfonn a *worst case analysis" and indicate the probabnity or improbability of its occurrence whenever the agency fs unable to obtain i.nfonnation relev*ant to.adverse impacts important in making a reasoned choice among alternatives and the agency has decided. despite this uncertainty~ to proceed with the action.

This requirement could have a substan_t1al impaet on the length of time and resources required to complete NRC 1 icensfng reviews. The provision would also make ft necessary to perfonn worst case analyses for both rad1o-logica1 and non-radiological impacts in situations where such analyses are not nonna11y conducted.

One example would be a situation involving the eva 1 uatf on of reactor aquatic impacts where a case can be made for exten-sive long-tenn time~dependent studies.

- 17

• Section 1502.22(b) could also have a substantial impact on NRC 1s regu-latory activities ff interpreted to require in~depth analysis of the conse-quences of a 11worst case" acc1dent 1n addition to an analysis of the likeli-hood that such an accident would occur. Under NRC's current risk analysis practices, the consequences of accidents whose likelihood of occurrence is remote are not given detailed consideration except in unusual cases.

4.

40 CFR § 1508.18 includes within the definition of major Federal actfont 11the circumstance where the responsible officials fail to act and that failure to act is reviewable by courts or administrative tribunals under the Administrative Procedure Act or other applicable law as agency action. n It is unclear whether this provision would require NRC staff to pr~pare environmental impact statements for such actions as denials of pet1t1ons {e.g., petitions for rulemaking under 10 CFR § 2.802) which claim significant on-going environmental hann. It is equa1 ly unclear whether preparation of a.n environmental assessment would be required when the denial of a petition is based on a finding that there are no significant on-going adverse environmental effects. Under present NRC practice, it fs not custan-ary to prepare* environmental assessments in connection with denials of petitions.

Categorical Exclusions Section 51,22 sets out the procedures to be followed to establish cate-gorical exclusions (§ 51.22(a)), describes the functf on of the categorical exclusion to exclude certain types of actions from environmental review requirements{§ Sl.22(b)) and lists those categories of actions which the Conrn1ssfon has declared to be categorical exclusions(§ 51,22(c)). Sec-tion 51.22(b) also provides that in special circumstances the Co1T111fssfon may prepare an environmental impact statement or an environmental assessment on an actfon covered by a categorical exclusion.

The Conmission has identified fifteen categories of actions which meet the requirement for a categorical exclusion. A description of each of these categories> wfth the requisite finding, follows:

Category of Actions

l. Amendments to Parts 1, 2, 4, 7, 8, 9, 10, 14, 19, 21, 55, 140, 150 or 170 of this chapter.

Discussion and Finding Except for Part 8, Interpretations, the regulations in the following parts relate to. matters of Commission organization, administration and procedure.

Part 1 -

Statement of Organization and General Infonnation Part 2 -

Rules of Practice for Domestic Licensing Proceedings Part 4 Nondiscrimination 1n Federally Assisted Commission Programs

Part 7

.. Advisory Committees Part 8 Interpretations Part 9

.. Public Records Part 10 -

Criteria and Procedures for Detennining Eligibility for Access to Restricted Data or National Security Infonnation Part 14 -

Administrative Claims under Feder-al Tort Clafms Act Part 140

• Financial Protection Requirements and Indemnity Agreements Part 150 - Exemptions and Continued Regu-latory Authority fn Agreement States under Section 274 Part 170 - Fees for Facilities and Materials Licenses and Other Regulatory Services under the Atomic Energy Act of 1954, as amended.

~ The regulations fn these parts serve the dual purpose of making needed infonnation readily available to the public and providing procedures for the orderly conduct of Coll'IRission business. These regulations in and of them-selves will not affect the volume of that business.

In some instances, the regulations implement Federal laws which pr.e-scribe specific procedures for the conduct of government business. These laws include the Administrative Procedure Act (5 U.S.C. § 551 et seq,), the Freedom of Information Act (5 U.S.C. § 552). the Privacy Act of 1974 (Pub. L. 93w579),

the Government in the Sunshine Act (5 U.S.C, § 552b), and the Federal Advisory C011111ittee Act (86 Stat. 770).

In some ;nstances, application of the regulations will have economic or social consequences. Examples include: Part 140 which contains regulations fmpl ementi ng the provisions of the Price-Anderson Act rel a ting to ff nancial protection and indemnity agreements; Part 170 which prescribes the schedule of Cormiissfon fees~ and Part 4 which contains-regulations on nondiscrimina-tion which implement the provisions of Title VI of the Civf l Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974.

Fonnal interpretations of the C0111T1issfon 1s regulations authorized by the Conwnission and prepared by the General Counsel are codified in Part 8.

Although these interpretations may address matters of substance as well as procedure, the issuance of a fonnal interpretation and its inclus1on fn Par.t 8 of the Corlll'lission*s regu1at1ons is an action without environmental effect.

The regulations 1n the following parts impose requirements on licensees.

Part 19 -

Notices. Instructions, and Reports to Workers; Inspections Part 21 -

Reporting of Defects and Noncompliance Pa.rt 55 - Operators* Licenses The requirements in Parts 19 and 21 relate to such matters as inspec-tions, reports. record-keeping and posting of documents and notices. Part 55 establishes procedures and criteria for the issuance of licenses to operators and senior operators of licensed facilities. These regulations include procedures for f111ng and requirements for approval of applications, including requirements relating to written examinations, operating tests, and medical examinations.

Although the regulations in Parts 19, 21 and 55 address matters of substance and have a social and economic effect, they do not have a s1gnff1-cant effect on the environment.

Accordingly, for the reasons stated, the Commission finds that amend-ments to Parts 1, 2, 4, 7, 8, 9, 10, 14, 19, 21, 55, 140, 150, or 170 of its regulations (Category 1) comprise a category of actions which do not individ-ually or cumulativelt have a sfgnff1cant effect on the human enviromient, de~fgnates Category 1. as a categorical exclusion, and directs that cate-gory 1. be listed in § 51.22(c) as a ~ategorical exclusion.

Category of Actions

2.

Amendments to the regulations in thfs chapter which are corrective or of a minor or nonpol;cy nature and do not substantially modify existfng regulations.

Discussion and Finding Minor amendments of this type are sometimes needed to updates clarify or eliminate an ambiguity in an existing regulation. Since these amendments are usually editorial and do not change the substance of an existing regula-tion they can.neither increase* nor. decrease any environmental impact which the existing regulation may have.

Accordingly, the Conwniss1on finds that amendments to its regulations which ~re corrective or of a minor or nonpolicy nature and do not substan-ti a 11 y modify ex fs ting regulations (Category 2.) comprise a category of actions which do not individually or cumulatively have a significant effect on the human environment1 designates Category 2. as a categorical exclusion, and directs that Category 2. be listed 1n § 51.22(c) as a categorical exclusion.

Category of Actions

3.

Amendments to Parts 20, 30, 31. 32, 33, 34, 35, 40, 50, 51, 70, 71, 73, 81, or 100 of this chapter which relate to (i) procedures for filing and reviewing applications for licenses or construction pennits or other forms of pennission or for amendments to or renewa1s of licenses or construc-tion pennits or other forms of pennission; (fi) recordkeeping requirements; or ( ii 1 ) repo rti ng requirements.

Discussion and Finding Although amendments of this type affect substantive parts of the Commis-sion* s regulations:. the amendments themselves relate solely to matters of procedure. Requirements to keep records and make-reports and regulations providing spec1ffc instructions as to where app11cations should be f11edt how they should be signed and executed, the number of copies to be fum1shed.

and the procedural steps which will be followed in connection with their rev1ew 1 do not have an effect on the environment. Like the amendments in Category 1., their func-t f on is to facil 1 tate the orderly conduct of Commfs..

sion business. Accordingly. the Commission finds that amendments of this type (Category 3.) comprise a category of actions which do not individually or cumulatively have a s1gn1ffcant effect on the human environment, desig-nates Category 3. as a categorical exclusion, and direc~s that category 3.

be listed in§ 51.2f(c) as a categorical exclusion.

Category of Actions

4.

Entrance 1nto or amendment of an agreement w1th a State pursuant to section 274 of the Atomic Energy Act of 1954, as amended, providing for assumption by the State and d1scont1nuance by the Conmission of certain regulatory authority of the Conrnission.

Discussion and Finding Section 274 of the Atomic Energy Act of 1954, as amended, (42 u.s.c.

§ 202l(d)) provides a mechanism (a sectfon 274b. Federal-State Agreement) which authorizes the C0111111ssfon to relinquish and enables individual States

.. 24 -

to assumes as they become ready and willing to do sos certain defined areas of regulatory authority over source, byproduct and special nuclear material.

In order to make sure that the health and safety of the public will continue to be adequately protected, section 274d. prescribes certain cond1tio~s wh1ch must be met before an agreement can be entered into.

"d.

The Conmission shall enter into an agreement under subsection b.

of this section with any State 1f--

"(1) The Governor of that State certifies that the State has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materf als wf.thfo the State cQvered by the proposed agree-ment, an.d that the State desire.s to assume regulatory responsibility for such materials; and 11 (2) the Conrn1 ssion *finds that the State program is 1n accord--

ance with the requirements of subsection o.* and in all other respects compat1b1 e with the Co11111i-ssion 1 s program for regulation of such materials, and that the State program 1s adequate to protect the public health and safety wfth respect to the materials covered by th~

proposed_ agreement.

11 Section 2740.* which was added by Public Law 95--604 (92 Stat. 3037),

contains certain requirements relating to the licensing and regulation of mill tailings.

These requirements provide assurance that following the transfer of functions under the§ 274b. agreement. the State will administer the existing regulatory program fn a manner similar to the way in which it was previously administered by the NRC.

The statute essentially preserves the status quo as far as substantive regulatory standards and practices for control of radiation hazards are concerned. Thus the action of entering into a§ 274b. agreement should not occasion any substantive change fn the regulatory program for radiation hazards.

As a further consequence it also follows that there is little or no change 1n the effect of that program on the human environment.

In addi-tion. except for uranium mill tailings, the Commission has no control over sp~cific State licensing and enforcement actions after an agreement becomes effective. In this respect, the action 1s similar to the distribution of general revenue sharing funds among the States where there is no Federal agency control over subsequent use of such funds by the States. This type of funding assistance fs not considered a major Federal action (40 CFR

§ 1508.18{a).)

In order to implement the provisions of the Uranium Mill Tailings Radia-tion Control Act of 1978, it w111 be necessary for the Conrnission and the twenty-five Agreement States to amend the provisions of the§ 274b agreements

- 26..

now in force.

The purpose of these amendments is ~o bind the States, in accordance wit~ the provisions of the Act, to carry out their responsfbf11t1es with respect to the regulation of mill tailings in a manner which will not only provide adequate protect1on of the public health and safety but which wfll also protect the environment from hazards associated with those mate*

r1als. Among other things, the States will be required to prepare detailed environmental analyses before they license activities which result in the production of mill taf11ngs.

Implementation of the amended agreements> as intended by the Congress, w111 have a significant and beneficial effect upon the environment.

To acknowledge this, however, does not change the fact that the fonnal actfon of_amending an agreement, in and of itself, fs not only without any environ-mental impact, but given the nature of the statutory mandate, which requires that the tenns of the agreements confonn to the requirements of the Act, fs essentially ministerial.

Accordingly, the Conmission finds that entrance into or amendment of a Federai:--state agreement under section 274b of the Atomic Energy Act o.f 1954.

as amended, (Category 4.) comprises a category of actions which do not indi-vidually or.cumulatively have a significant effect on the human *environment, designates category 4. as a categorfca1 exclusion and directs that Category 4.

be listed in § 51.22(c) as *a categorical exclusion.

Category of Actions

5.

Procurenent of general equipment and supplies.

D1scussfon and Finding Procurements cf general equipnent and supplies.ensure that NRC person-nel are able to efficiently perfonn their official responsibilities on a day to day basis. Although these procurements have an economic effect, they do not have a significant effect on the environment.

Accordingly, the COfllllission finds that procurements of general equip-ment and supplies (Category 5.) comprise a category of actions which do not individually or cumulatively have a significant effect on the human environ-ment, designates Category 5. as a categorical exclusion, and directs that Category 5. be listed in § 51,22(c) as a categorical exclusion.

Category of Actions

6.

Procurement of technical assistance, conffnnatory research and personal services relating to the safe operation and protection of commer-cial reactors, other fac111ties, and materials subject to NRC licensing and regulation.

- 28..

Discussion and Ftnding These actions involve scientific and engineering studies, assessments and analyses in areas relating to the safe operation and protection of conrnercial reactors, other fac111ties, and materials subject to regulation, licensing and inspection by the NRC.

NRC technical assistance and research activities do not generate basic design data or develop new processes or construction procedures. The actions do not include confinnatory research programs which entail physical construction of plants and facilities.

Although these activities have an economic effect, no significant effect on the environment can be anticipated.

Accordingly, the Conmission finds that procurement of technical assis-tance, confirmatory research and personal serv1ces relating to the safe operation and protection of conmercial reactors~ other facil ft1es, and mate-rials subject to NRC 1icens1ng and regulation (Category 6.) comprise a cate-gory of actions which do not individually or cumulatively have a significant effect on the human env1 ronment, designates Category 6. as a categorical exclusion, and directs that Category 6. be listed fn § 51.22(c} as a cate-gorical exclusion.

Category of Actions

7.

Personnel actf ons.

Discussion and Finding Personnel actions refer to administrative actions affecting NRC employ-ees or potential employees~ including labor union activities and the hiring, promotion and separation of personnel. Although these activities have a social and economic effect, they do not have a significant effect on the environment.

Accordingly, the Conm1ssfon finds that personnel actions (Category 7.)

comprise a catego~y of actions which do not ;ndividually or cumulatively have a sfgniffcant effect on the human environment. designates Category 7.

as a categorical exclus1 on, and d1 rects that Category 7. be 1 i sted f n

§ 51.22(c) as a categorical exclusion.

Category of Actions

8.

Issuance, amendment, or renewa 1 of operators.* licenses pursuant to Part 55 of this chapter.

Discussion and Finding Part 55 of the Conwnissfon's regulations prohibits persons from perform-ing the functions of an op~rator or a senior operator at a licensed facility unless authorized to do so by a license issued by the Cornnission. Although issuance or denial of an operator's license may have a significant economic effect on the indiv.idual applicant, the action of the Cormnission in issuing, amending or renewing an operator's license in accordance with the procedures of 10 CFR Part 55 does not have an environmental effect. The environmental impact of the operation of a licensed fac111ty by a licensed operator is fully considered 1n the environmental impact statement or environmental assessment prepared in connection w1th the licensing action authorizing operation of the facility. The fonnal act;on of certifying an operator does not authorize facility operation.

Accordingly, the Conunfssfon finds that issuance. amendment or renewal of operators* licenses_pursuant to Part 55 of this chapter (category a.)

comprise a category of actions whfch do not individually or cumulatively have a significant effect on the human environment, designates Category 8.

as a categorical exclusion, and directs that Category 8. be listed in

§ 51.22{c) as a categorical exclusion.

Category of Actf ons

9.

Issuance of an amendment to a pennit or license for a reactor pursuant to Part 50 of this chapter which changes a requirement with respect to-installation or use of a facility component located within the restricted area, as deffned in Part 20 of this chapter, or which changes an inspection or a surveillance requirement, provided that (i) the amendment does not

.. 31 -

involve any significant hazards consideration, (ii) there is no change fn the types or amounts of any effluents that may be released offsite, and (iii) there* 1s no associated increase in individual or cumulative occupa-.

tional radiation exposure.

Discussion and Finding Experfenc:e has indicated that amendments in this category either have no environmental impact or have an environmental 1mpact that is insignifi-cant.

Changes which relate to the installation or use of a facility compo-nent located within a restricted area and which do not involve significant hazards considerations, changes in offs1te effluents. or increases in occu-pa;ional doses do not result in offsite effects that could have a signifi-cant impact on the human environment. Assoc,ated effects. if.any. would be mfn1mal and would be confined to limited access areas on site. Experience has also shown that amendments that change an inspection or survef11ance requirement are usually of & procedural nature. The purpose of these changes fs to incorporate accepted improvements in the 1nst-allation or use of facil-fty components or in inspection and surveillance which w111 facilitate the conduct of the licensee Is business and f nsure the adequacy and timeliness of infonnation reported to the C011111issfon.

As a result, such amendments will not lead to significant environmental impacts on the human environment either individually or cumulatively.

• 32 -

Accordingly, the Commission finds that li~ense amendments of this type (Category 9.} comprise a category of actions which do not individually or

• cumulatively have* a sfgnif1cant effect on the human environment, designates Category 9. as a categorical exclusion, and directs that Category 9. be listed in§ 51.22(c) as a categorical exclusion.

Category of Actions

10. Issuance of an amendment to a permit or lfcense pursuant to Parts 30, 40, 50, or 70 of thfs chapter which {i) changes insuran~e and/or indemnity requfrements, or (fi) changes recordkeep1ng, reporting, or administrative procedures or requirements.

Discussion and Finding Issuance of an amendment to a pennft or license to change insurance and/or indemnity requirements or to change_ requirements re1atfng to r~cord-keeping, reporting or other admfn1strat1ve procedures does not affect the scope or nature of the licensed activity.. Although changes in insurance and/or indemnity requirements affect the financial arrangements of licensees and _have economic and social consequences, they do not alter the environmental impact of the licensed activities.

• Similarly, changes in recordkeeping and reporting requirements and other administrative procedures relating to the licensee's organ1zation and management do not change the nature and the consequent environmental impact of the licensed activity. The function of these procedural and administrative changes is merely to facilitate the orderly conduct of the licensee's business and to insure that the infonna-tion needed by the C0111J1ission to perform its* regulatory functions 1s readily available. Accordingly, the Commission finds that license amendments of this type (Category 10.) comprise a category of actions which do not indi-vidually or cumulatively have a significant effect on the human environment, designates Category 10. as a categorical exclusion, and directs that cate-gory 10. be lf sted f n § 51. 22 ( c:) as a ca tegori ca.1 exc 1 us ion.

Category of Actions 11.. Issuance of amendments to 11 censes for fuel cycle pl ants and radio-active waste disposal sites as identified in §§ 51.20(b) and 51.2l(b) of this subpart which are administrative, organizational, or procedural in nature. or which result in a change in process operations or *equijlllent, provided that {i) th,re is no increase 1n the types or amounts of effluents that may be released offsite, (H) there is no associated increase 1n indi-vidual or cumulative occupational radiation exposure, (iii) there is no signifi-cant construction impact, and (iv) there is no increase fn the potential for or consequences from radiological accidents.

D1scussfon and Finding Paragraph 51.21(b}{5) fdent1fies amendments.to licenses for fuel cycle plants and radioactive waste disposal sites that require preparation of an enviro1111ental assessment to evaluate potential tmpacts to the environment.

However, there are other requests for amendments to these types of licenses that*a.re administrative, organizational or procedural in nature or which involve changes in process operation and equipment which do not result in any adverse incremental impacts to the environment fran the licensed activity.

Implementation of the.se minor and routine types of changes do not alter the previously evaluated environmental impacts ass~ciated with the licens~d operation, taking into account construction impacts, types and amounts of effluents released by the operation, occupational exposure of employees, or potential accidents. nor do these amendments affect the scope or nature of the licensed activity.

Accordingly, the Conm1ssion f1nds that this class of amendments to licenses for fuel cycle plants and radioactive waste disposal sites (Cate-gory 11.) comprise a category of actions that do not individually or cumula-tively have a significant effect on the human environment, designates. Cate-gory 11. as a categorical exclusion, and directs that category 11. be 11sted in§ 51.22(c) as a categorical exclusion.

- 35..

Category of Actions

12. Issuance of an amendment to a license pursuant to Parts 50 and 70 of this chapter relating solely to safeguards matters (i.e. protection agafnst sabotage or loss or diversion of special nuclear material) or issu-ance of an approval of a safeguards plan submitted pursuant to Parts so, 70.

and 73 of this chapter. provided that the amendment or approval does not involve any significant construction impacts.

Discussion and Finding Amendments and approvals of this nature relate to the protection of nuclear materials against theft or diversion or to the protection of nuclear materials, fac11ft1es, and transportation act1v1ttes against radiological sabotage. They are needed (i) to implement new safeguards regulations through incorporation of provisions into licenses and (11) to pennft modf-ficat1ons to 11censees' safeguards programs established under existing requirements. With the exception of amendments 1nvo1v1ng significant con-stn.act1on, they are confined to ( 1) organ1 zatfonal and procedural matters 1 (11) modifications to systems used for security and/or materials accounta-bility, (111) administrative changes. and (iv) review and approval of trans*

portation routes pursuant to 10 CFR § 73.37(a)(l). As such, the issuance of these amendments and approvals does not alter the environmental impacts of the licensed activity.

- 35a -

Route approvals (item iv) for spent fuel shipments are not based upon case-specific analyses of the comparative risks of sabotage along alternate routes because such rfsks are not considered serious regardless of the chosen route, provided the shipper adheres to specfffc requirements delin-eated in 10 CFR § 73.37 (which include provisions for additional protection measures fn instances where heavily populated areas cannot be avoided).

Nevertheless, the NRC considers it prudent to require such shi?ftents to avoid, where practfcabl e, heavily populated areas 1n order to reduce thf s risk to as low as reasonably achievable. With regard to radiological and nonrad1ologica1 risks attributable to nonnal transportation and accidents, the Final Environmental Statement on the Transportation of Radioactive Materials by Air and Other Modes (NUREG-0170) concludes that such risks are small ~nd does not support the need for ohanges to the existing NRC regula-tions which pennit unrestrfcted use of alternate routes from the standpofnt of safety-related impacts. This statement considered releases 1n extreme-populat1on-densfty (urban} areas 1n the course of.deve1op1ng these risk.

estimates and efforts are underway to further refine the present assessment 1n this regard. The results obtained to date regarding the further study of transportation in urban environs (SAN0-77-1927) do not conf1 fct w1th the previous risk estfmates. The number of such approvals is expected to be approximately twenty per year, involving a total of approximately 200 ship-ments annually. Thus, the nonradiolog1cal environmental impacts assocf*ated with routine traffic (as opposed to impacts assoc1ated with accidents) resulting from NRC route approvals 1s insignificant.

.. 36..

Accordingly1 the Commission finds that license amendments and approvals of this type {Category 12.) comprise a category of actions which do not individually or cumulatively have a significant effect on the human environ-ment. de~1gnates Category 12. as a.categorical exclusion. and directs that Category 12. be listed in § 51.22(c) as a. categorical exclusion.

Category of Actions

13. Approval of package-designs for the delivery of licensed materials to a carrier for transporta~ion.

Discussion and Finding Certfffcates of compliance approving packages for use in the transporta-tion of radioactive materials do not authorize the actual transportation of those materials.

The certificates are issued upon demonstration that the pack.-

age des1gns meet applicable perfonnance standards contained in Part 71 of the Co1?111ission 1s regulations. Infonnation regarding prospective routes or points of origin or destination necessary for an environmental analysis of actual transportation 1s neither available nor gennane to package design certification. For this reason, as a matter of pol icy, the Conmission wi11 address the impact of transportation of radioactive materials in the course of environmental evaluations of the spec1f1ca11y-1icensed activi-ties necessftatfng transportation of nuclear materials. Sfnce certificates of compt"1ance merely penni t 11censees to use the approved package to trans-fer material to a carrier, on site, for transportation to an authorized rece.1ver and do not authorize a particular transportation movement, there -1s no environmental impact associated with the action of issuing these approvals.

Accordingly. the Co11111issfon finds that approvals of package designs for the delivery of licensed material to a carrier for transportation (Category 13.)

comprise a category of actions which do not 1nd1v1dually or cumulatively have a significant effect the human environment. designates Category 13. as a categorical exclusion, and directs that Category 13. be *listed in§ Sl.22(c}

as a categorical exclusion.

Category of Actions

14. Issuance, amendment, or renewal of the following types of materials licenses issued pursuant to 10 CFR Parts 30, 40, or 70:

(f} Distribution of devices and products containing radioactive material to general licensees and persons exempt from licensing

{11) Medical licenses (iii) Nuclear phannacies (1v) Teletherapy licenses (v) Licenses to academic institutions for educational purposes (vi) Industrial radiography (vii) Acceptance of packaged radioactfve wastes from others for transfer to licensed land burial facilities (vi1i) Irradfators (dry storage-- self-contained)

(ix) Irradiators (wet storage--- panoramic}

(x) Gauging devices, analytical instruments. and other devices utilizing sealed sources (xf) Source material licenses for fabrfcat1on of the products specified in 10 CFR § 40.13, fabrication of military munitions. and labora-tory use for research and development (x11)

We11 logging (xiii} Research and development licenses involving less than ten curies of radioactive material Discussion and Findings Previously, the Cormnission's attention to environmental review require-ments for materials licensing actions has focused largely on activities in the uranium fuel cycle.

In this propos*ed revf s1on to 10 CFR Part 51~ other types of licenses which involve processfng of radioactive materials for distribution to other licensees. nuclear laundries, testing of depleted uranium mf1ftary munitions, and processing of source material are accorded add it ion a 1 attention. However, there rema 1 n add f ti ona 1 types of 1 i cen sing actions wMch have not been the subject of any in-depth environmental review by NRC or its predecessor agency, the Atomf c Energy Conrnission.

On the basis of over thirty years experience in lfcensing and inspection of such

• 39 -

mater.1ah 1 icensees, the NRC believes that these activities, individual ty or cumulatively, have not resulted in any significant impact on -the envirorvnent.

Absolute confinnation that none of these licensing actions would ever have any s1gnff1cant env1rornnental impact could be obtained only by in-depth reviews of each of thousands of licensing actions each year.

NRC does not believe that the huge expenditure of resources that would be required would be justified and believes that the environment would be better protected if NRC's resources were devoted to the environmental analyses called for under

§§ Sl.20(b) and 51.21(~) of this subpart for the types of actions which experience suggests have real. potential to cause significant environmental problems. As noted above, the proposed regulat1ons have been drafted so that NRC will retain flexibility to do an envi.ronmental impact statement or an.. environmental assessment, as appropriate, for any licensing actions*

covered by a categorical exclusion should special circumstances come to its

-attention that would warrant such action.

(f) Oistrfbutfon of devices and products containing radioactive material to general licensees and persons e~empt from licensing These licenses authorize persons to distribute devices such -as density gauges, level gauges, and other gau*g1ng devices to persons who ar-e general licensees and to distribute products containing radioactive material such as watches, electro~ tubes, or smoke detectors to persons who are exempt from licensing. These licenses for distribution do not authorize processing or use of radioact1ve materials. There are no effluent releases or personnel exposures associated wfth-the licensed activities, These distribution licenses presuppose ultimate use or possession of the radioactive materfa1s under a general license or exemption established by regulation, which regu-lation. under § 51.2l(b)(13) will require an environmental assessment addressing the environmental impacts of the generally licensed or exempted activities of the recipients of the materials. The devices and products that may be distributed pursuant to these licenses must meet the specific standards and requ;rements in NRC regulations. At the time of issuance of the regulations authorizing distribution. the detenninat1on was made that subsequent exempt or generally licensed use or possession of the materials would not constitute a risk to the public health and safety.

.. { 1 i ) Medical 1 i cen ses NRC issues licenses to hospitals and to physicians authorizing human use of byproduct materiaJ. These licensed activities may include receipt of radioactive material. preparation of radiophannaceuticals from Mo-99/T~-99m genera.tors and reagent kits, administration of sealed radiophannaceuticals to patients for diagnostic or therapeutic purposes, the use of sealed sources for brachytherapy (i.e., radiation delivered from a short distance) and the disposal of the authorized materials by holding for decay or by transfer to a licensed burial ground.. The environmental impact of these licensed activi-ties is insignificant. The only environmental impacts would be occupational exposures (averaging less than 101 of the applicable limits) and releases to air and water or* to sanitary sewerage (through patient excreta) which are of small quantity or if of signf ficant quantfty, are short-lived.

(iif) Nuclear pharmacies Nuclear pharmacies purchase prepared radiophannaceuticals. radioisotope generators and reagent ki.ts fran manufacturers. They. elute the generators and distribute the eluate as a prepared radiophannaceut1cal or canpound the eluate with reagent kits to make prepared radiophannaceutica1s.

They dis-pense and distr_ibute prepared radiophann1ceuticals to medical licensees 1n un*it dose fonn.

If the services of a nuclear phannacy are not used, the medical licensee performs these functions in his own nuclear medicine labora-tory6 Due to the short half-11fe of medically useful isotopes. the radio-active wastes that nuclear pharmacies generate may be decayed to background levels in storage. Releases in effluents may be conservatively estimated at 51.. of maximum pennissible values. Due to the soft ganwna ern1ss1o.n of most medically useful isotopes and the use of personnel shielding devices, expo-sure to personnel may be conservatively estimated at 25% of the maximum pemiissible dose.

(iv) Teletherapy lfcenses NRC issues licenses to hospitals and to physicians authorizing the use of cobalt-60 or cesium*137 sealed sources for teletherapy (i.-e. radiation therapy at a distance from the patient) treatment of patients. The sealed sources contafn1ng of the order of 6,000 curies of cobalt-60 or 2,000 curies of cesium-137 are doubly encapsulated and their design has been approved by NRC or an Agreement State, The sources are used in a teletherapy unit, a device that provides collimation and shielding and whose design has been approved by NRC or an Agreement State. Teletherapy sources are located fn facilities that have been reviewed for compliance with NRC regulations before a license is issued. Personnel exposures at teletherapy licensees' facilities are. on the average. about 51 of the applicable limits. There are no releases of licensed materials to air or water from licensed teletherapy activities.

(v) Licenses to academic institutions for educational purposes NRC issues licenses to academic institutions for educational purposes.

The licensed activities may include receipt of radioactive material. class-room demonstrations by qualified instructor$, supervised laboratory research by students, the use of plutonium-beryl lfurn neutron sources, the use of source material in subcritfca1 assemblies, and the disposal of the author-ized material by holding for decay or by transfer to authorized recipients.

An average academic fnstitutfon releases less than 51 of the maximum per-missible concentration listed in 10 CFR Part 20 for both air and water and the personnel exposure for radiation workers 1s less than 5% of the limits specified 1n 10 CFR § 20.202.

(vf) Industrial radiography Ga11111a radiation sources {primarily iridium.;.192 and cobalt-60} are used for non-destructive testing of materials throughout the United States. The sources used are metallic and are encapsulated in a stainless steel capsule.

Therefore. during ordinary use it is not expected that there will be releases of radioactive material to the environment. The radiation exposure during routine use of sources 1n industrial radiography is well within NRC limits for occupational exposure. The average exposure per individual radiographer is less than 0.4 rem per years which is less than 1% of *the penniss1ble exposure *

.. ( vif) Acceptance ~f packaged rad ioact1ve wastes from others for transfer to licensed land burial facilities

.These licenses provide for the acceptance of prepackaged radioactive wastes fran licensees that generate the wastes. Persons engaged 1n these operations may accept only packages that meet all governmental standards and regulatfons for transport of radioactive materials. Licensees engaged in the acceptance of prepackaged wastes are not pennitted to open the packages.

Therefore, there are no effluent releases. Since all packages must meet the established governmental standards, radiation exposures to personnel are a small fraction of the exposures pennitted under NRC regulations. The activi-ties engaged-in by such 1icensees are analogous to those engaged 1n by c0rt111on carriers, which are exempt frooi licensing requirements.

- 44 *

(vfif). Irradiators (dry storage--se1f-contained)

These devices contain fran a few millicuries of licensed material (usually cesium-137 or cobait-60) to several hundred curies. The sealed sources are never exposed during nonnal use--the sources remain shielded in a self-contained apparatus at all times. Materials for irradiation are placed in chambers which are rotated in such a manner that the materials are exposed to the sealed sources but the operator is shielded from the radiation beam at all times.

Personnel exposures during use of these devices are less than 5% of the limits in 10 CFR Part 20. There are no effluent releases.

(ix) Irrad1ators (wet storage--panoramic)

These devices usually contain from a few hundred curies to megacuries of sealed source materials. usually cobalt_-60.

The facility surrounding the water pool is equipped with interlock warning devices (warning 11ghts and horns) and* radia_tion alanns. Materials for exposure are either lowered into the pool or placed at specified locations above the pool and the sealed sources are then raised to the exposed position.

Personnel are not present when the source is f n the exposed position. Should personnel attempt to open an entrance door during source exposures, warning lights and horns are activated at the entrance doors and the sealed sources automatically return to the shielded position.

Personnel exposures are less than 5S of 10 CFR Part 20 lfmits. There are no effluent releases resulting from operation of such irrad.iators.

(x) Gauging devices, analytical instruments, and other devices utilizing sea 1 ed sources The NRC issues licenses for possessf on and use of gauging devices to measure thickness, density, and level of materials. These devices c:onta1n sealed sources, usually cesium-137 and strontium-90, which are encapsulated so that there is no*1eakage during use~

The devices provide shteld1ng such that radiation levels external to the devices are on the order of a few mill iroentgen per hour. Other devices include gas chromatographs with millicurie quantities* of nickel-63 or hydrogen-3, analytical devices such as x-ray fluorescence analyzers with sealed sources containing a variety of radioisotopes, instrument calibration devices containing millicurie to curie qu~_ntities of cesium-137 and cobalt-60. and soil,-density gauges which con-tain millicurie quant1t1es of cesium-137 and americium-241 ventron sources.

Personnel exposure from use of these devices fs less than 5% of the limits fn 10 CFR Part 20. There are no effluents associated with -the use of devices containing sealed sources.

{xi) Source material licenses for fabrication of the products specified 1 n 10 CFR § 40. 13. fabrication of mi 1f ta ry munitions, and laboratory use for research and development These licenses for possession and use of source material are for fabri-cation of products specified 1n 10 CFR § 40.13, including such products as welding rods, gas mantles. airplane counterweights, sh1eldfng for medical therapy devices, devices utilizing sealed sources of radioactive materials, and shipping containers. Other such licenses involve fabrication of mflf~

tary mun1tfons and laboratory use of source material for research and devel-opment~ The quantities involved in fabrication of products range from a few kilograms in welding rods and gas mantles to several hundred. kilograms for shielding and counterweights. Most products are made from thorium and depleted uranium which have low specific activity. The source materials are used for non-nuclear properties. Fabrication operations which fnvolve grinding, shaping. and milling are carried out under carefully controlled conditions including ventilation, personnel protective clothing, and moni-toring for contamfnatf on and effluent releases.

• Laboratory ~ctiv1ties inv.olve processing of gram to low kilogram quantities of source material.

Effluent releases resulting fran use of source material is 10% or less and personnel exposures are 5% of the limits in NRC regulations.

{x1i) Well logging Radioactive materials are used extensively in oil and gas well dril11ng operations as analytical tools for determining composition of strata and tracing oil and gas flow. For tracer work, mfllfcurie quantities of gamma-emitting radioisotopes such as todine-131 and frfdium-192 are injected directly into the wells.* Sealed sources are either 2-3 curies of cobalt-60 or cesfom.. 137 or 1*3 curies of americ1um-beryll 1um or plutonium-beryllium.

Both ganrna mapping and neutron mapping are perfonned. The tracer materials are in liquid fonn and their use does not result fn effluent releases to the environment. There are no effluent releases as a result of use of sealed.

sources. Personnel exposures are 0.1 or less of the limits provided for in NRC regulations.

Occasionally. a sealed source may be lost in a well. Such losses occur at depths of thousands of feet. Loss of a source must be reported to the NRC.

If the source is irretrievable as detennined by NRC, it must be immobilized by being cemented in place. the well must be* placarded to note the presence of the source down-hole, and a notation must be placed in public records.

The loss of sources does not result in any release of radioactive material to.. the environment.

(xiii) Research and development licenses involving less than ten curies of radioactive material These licenses involve 1 ess than ten curies of source, byproduct or special nuclear material for research and d.evelopment involving product development, animal tracer studies, tracer studies of materials and com-pounds, and basic research. A typical research and development facility is designed to min1m1ze release of effluents to the environment.

Remote handling equipment. personnel protective clothing. and shielding materials are standard equipment to minimize personnel exposures. A day-to-day radia-tion safety program provides for constant monitoring of personnel exposures, contamination levels, radiation levels, and effluent releases. Personnel-exposures and effluent releases are less than 10 per cent of the limits of 10 CFR Part 20.

Accordingly, the C011111iss1on finds that issuance, amendment, and renewal of 11 censes descr1 bed above ( Category 14.) comprise a category of act1 ons which do not individually or cumulatively have a significant effect on the human environment, designates Category 14. as a categorical exclusion, and directs that category 14. be listed in§ 51.22(c) as a categorical exclusion.

Category of Actions

15. Issuance, amendment or renewal of licenses for import of nuclear equipment and materials pursuant to Part 110 of thfs chapter. except where the subsequent possession or use of the materials or equipment 1s beyond the scope of any NRC 11c ensed ac ti vi ty.

Discussion and Finding Import licenses issued pursuant to 10 CFR Part 110 merely authorize import into the United States and do not authorize any person to possess, use, or transfer the equipment or materials within the United States. The

justification for this categorical exclusion is similar to the justifica-tion for approval of package designs.

Tne Comn1ssion will address the impact of transportation of materials and equipment in connection with the environ-mental evaluations of the 1 icensed activities 1n the United States.

Accordingly, the Co11111ission finds that issuance, amendment or renewal of licenses for import of nuclear equipnent and materials pursuant to Part 110 of this chapter (Category 15.) comprises a category of actions which do not individually or cumulatively have a significant effect on the human environ-ment, designates Category 15. as a categorical exclusion and directs that Category 15. be listed in § 51.22{c) as a categorical exclusion.

Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 19741 as amended, the National Environmental Policy Act of 1969, as amended, and 5 U.S.C. § 553, notice is hereby given that adoption of the following proposed revision of 10 CFR Part 51 and of related proposed conforming amendments to 10 CFR Parts 2, 30, 40t 50, and 70 is contemplated:

10 CFR Chapter I PART 51 - LICENSING ANO REGULATORY POLICY AND PROCEDURES FOR ENVIRONMENTAL PROTECTION

1.

10 CFR Part 51 is revised to read as follows:

10 CFR PART 51 - ENVIRONMENTAL. PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

§ 51.1 Scope

§ 51.2 Subparts

§ 51.3 Resolution of conflict

§ 51.4 Defl n 1 t1 ons (a)

(1) Act (2)

Commissf on (3)

NRC (4)

NRC staff (5)

NRC *staff df rector

§ 5.1. 5 Interpretations

§ 51.6 Specific exemptions SUBPART A

• NATIONAL ENVIRONMENTAL POLICY ACT - REGULATIONS IMPLEMENTING SECTION 102(2)

§ 51.10 Purpose and scope of subpart; Application of regulations of Counc11 on Env1romenta1 Quality

§ 51.11 Relationship to other subparts

§ 51.12 Application of subpart to proceedings

§ 51.13 Emergencies

§ 51.14 Defi n f ti ons (a) (l) Categorical exclusion (2) Cooperating* agency (3) Council *

( 4) Env 1 ronmen ta l assessment (5) Envi ronmen ta l document (6) Env f ronmen ta 1 impact statement (7) Env 1 ronmen ta 1 report (8) Finding of no significant impact (9) NEPA (10) Notice of intent

§ 51.15 Time schedules.

PRELI"INARY PROCEDURES CLASSIFICATION OF LICENSING ANO REGULATORY ACTIONS

§ 51.20 Criteria for and identification of licensing and regulatory actions requiring environmental impact statements.

(a).Criteria (b) Types of actions

§ 51.21 Criteria for and identification of.licensing and regulatory actions requiring environmental assessments.

(a) Criteria (b) Types of actions

§ 51.22 Criterion for and identification of.licensing and regulatory actions eligible for categorial exclusion.

(a) Criterion

... 51...

(b) Exemption frau environmental impact statement and environmental assessment requirements.

(c) list of categorical exclusions.

DETERMINATIONS TO PREPARE ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONM~NTAL ASSESSMENTS OR FINDINGS OF NO SIGNIFICANT IMPACT, AND RELATED PROCEDURES

§ 51.2S Detennfnat1on to prepare environmental impact statement or environmental assessment;" elig1b111ty for categorical exclusion.

§,51.26 Requirement to publish notice of 1nt~nt and conduct scoping process.

§ 51.27 Notice of intent.

Scoping

§ 51.28 Scoping - Enviromiental impact statement.

§ 51.29 Scoping - Participants.

Environmental Assessment

§ 51.30 Environmental assessment.

§ 51.31 Detenn1nat1ons based o_n environmental assessment~

Finding of No Significant Impact

§ 51.32 Finding of no significant impact.

§ 51.33 Draft finding *of no signiftcant impact.

§ 51.34 Preparation of finding of no sfgnff1cant impact.

§ 51.35 Requirement to publish finding of no significant impact, limitation on Commission action.

ENVIRONMENTAL REPORTS AND INFORMATION - REQUIREMENTS APPLICABLE TO APPLJCANTS AND PETITIONERS General

§ 51.40 Consultation with NRC staff.

§ 51.41 Requirement to submi t environmental infonnation.

Envirorvnental Reports - General Regu1rements

§ 51.45 Environmental report.

Environmental Reports - Production and Utilization Facilities

§ 51.50 Environmental report - Construction pennit stage.

§ 51.51 Environmental effects of uranium fuel cycle. {Table S-3)

§ 51.52 Env1romenta1 effects of transportation of fuel and waste.

(Table S*4)

§ 51.53 Supplement to environmental report - Operating license stage.

§ 51~54 Envfronnental report - Manufacturing license.

§ 51.55 Env1romental report - Number of copies; distribution.

Environmental Reports - Materials Licenses

§ 51.60 Env1ronmenta1 report - Materials licenses.

§ 51.61 Environmental report - Number of copies; distribution.

Environmental RePOrts.. Rule Making

§ 51.65 Environmental report - Rule making.

§ 51.66 Environmental report. Number of copies.

ENVIRO.NMENTAL IMPACT STATEMENTS Draft Environmental Impact Statements* General Requirements

§ 51.70 Draft envirornnental impact statement - General.

.. 53 -

§ 51.71 Draft environmental impact statement - Contents.

§ 51.72 Supplement to draft environmental impact statement.

§ 51.73 Request for comments on draft environmental impact statement.

§ 51.74 Distribution of draft environmental impact statement and supple-ment to draft environmental impact statement~ news releases.

Draft Environmental Impact Statements - Production and Utilization Facilities

§ 51.75 Draft environmental impact statement - Construction pennit,

§ 51.76 Draft environmental impact statement - Manufacturing license.

§ 51.77 Distribution of draft environmental impact statement.

Draft Environmental Impact Statements - Materials Licenses

§ 51.80 Draft environmental impact statement - Materials license.

§ 51.81 Distribution of draft envi-ronmental impact statement.

Draft Environmental Impact Statements - Rule Making

§ 51.85 Draft environmental impact statement - Rule making.

§ 51,86 Distribution of draft environmental impact statement.

Final Environmental Impact Statements - General Requirements

§ 51.90 Final environmental impact statement - General.

§ 51.91 Final environmental impact statement - Contents.

§ 51.92 Supp1ement to final environmental impact st~tement.

§ 51.93 Distribution of f1nal environmental impact statement and supple-ment to final environmental impact statement; news re1eases.

§ 51.94 Requirement to consider final environmental impact statement.

Final Environmental Impact Statements - Production and Utilization Facilities

§ 51. 95 Supplement to final environmental impact statement - Operatf ng ljcense.

Final Environmental Impact Statements* Materials Licenses

§ 51. 97

[Reserved]

Final Environmental Impact Statements - Rule Making

§ 51.99

[Reserved]

NEPA PROCEDURE AND ADMINISTRATIVE ACTION General

§ 51.100 T1m1ng of Commission action.

§ 51.101 Limitations on actions.

§ 51.102 Requirement to provide a record of decision; preparation.

§ Sl.103 Record of decision* General.

§ 51.104 NRC proceedings using public hearings; cons1derat1on of environ*

men ta 1 impact statements; record of decision.

Production and Utilization Facilities

§ 51.105 Public hearings in proceedfngs for issuance of construction permits or 11censes to manufacture.

Materials Licenses

§ 51.108 [Reserved]

Rule Making

§ 51.110 [Reserved]

PUBLIC NOTICE OF AND ACCESS TO ENVIRONMENTAL DOCUMENTS

§ 51.116 Notice of intent.

§ 51.117 Draft environmenta1 fmpact statement - Notice of availability.

§ 51.118 Final environmental impact statement - Notice of availability.

§ 51.119 Publication of ffndfng of no significant impact.

§ Sl, 120 Avail abi H ty of environmental documents for public inspection..

§ 51.121 Status of NEPA actions.

§ 51.122 Lfst of interested. organizations and groups.

§ 51,123 Cost of materials distributed to public.

APPENDIX A Fonnat* for Presentation of Material fn Environmental Impact Statements

1. General

2. Cover sheet

3. Surmary 4!. Purpose of and need for actf on

5. Alternatives including the proposed action

6. Affected environment

7.

Environmental consequences and mftigat1ng act1ons

a. List of preparers

9. Appendices AUTHORITY: Sec. 161b, 1, and o, Pub. L.83-703, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. § 220l{b), (i), and {o)h secs. 201, 202, Pub. L.93-438 1 88 Stat. 1242-1244, as amended (42 u.s.c. §§ 5841, 5842). Subpart A also 1ssued under secs. 102(2). 104 and 105, Pub~ L. 91--190, 83 Stat.* B53-854, as amended {42 U.S,C. §§ 4332. 4334, 4335); and Title II, Pub. L. 95~604, 92 Stat.

.. 56 -

3033-3041.- Section 51.20 also issued under sec. 3, Pub. L..93-377, 88 Stat.

475 (42 U.S.. C. § 2077(d)). Section 51.22 also issued under sec. 274, Pub. L.86-373, 73 Stat. 688, as amended by Pub. L.95-604, 92 Stat. 3037 {42 u.s.c.

§ 2021}.

§ 51.1 Scope.

This part contains environmental protection regulations applicable to NRC's domestic licensing and related regulatory functions. These regula-tions do not apply to export licensing matters within the scope of Part 110 of this chapter or to any en~ironmental effects which NRC's licensing and related regulatory functions may have upon the environment of foreign nations or __ the global c0111Tions.

Subject to these limitations, the regulations in this part implement:

(a) Section 102(2) of the National Environmental Policy Act of 1969, as amended.

(b) [Reserved]

§ 51.2 Subparts.

{a) The regulations in Subpart A of this part implement section 102(2) of the National Environmental Policy Act of 1969, as amended.

(b) [Reserved]

§ 51.3 Resolution of Conflict.

In any conflict between a general rule 1n Subpart A of this part and a special rule fn another subpart of this part or another part of this chapter applicable to a particular type of proceeding. the special rule governs.

§ 51.4 Deff nf tf ons.

(a)

As used fn this part:

(1) 11Act 11 means the Atomic Energy Act of 1954 (68 Stat. 919) including any amendments thereto.

(2) 11Co11111fssion" means the Nuc1ear Regulatory Conmissfon or its authorized repre sen ta tives.

(3)

"NRC 11 means the Nuclear Regulatory Cmm1iss1on, the agency estab-1fshed by Title II of the Energy Reorganization Act of 1974, as amended.

{ 4) 11NRC staff 11 means any NRC officer or employee or his/her author-ized representative, except a Commissioner, a member of a Conaniss1oner's imiedfate staff. an Atomic Safety and Licensing Board, an *Atomic Safety and Licensing Appeal Board, a presiding officer. or an admin1stratfve law judge.

(5)

"NRC staff director 11 means:

( i) Executive Director for Operations;

( 11) Director. Offfce of Nuclear Reactor Regulation;

{Hi) Director, Office of Nuclear Material Safety and Safeguards; (iv) Director, Office of Standards Development; (v) Director, Office of Nuclear Regulatory Research; (vi) Director. Office of Inspection and Enforcement; (vii) Director, Office of State Programs; or (viii) Executive Legal Director.

§ 51.5 Interpretations.

Except as specifically authorized by the Convnission in writing, no interpretation of the regulations in this part by any officer or employee of the Commiss;on other than a written interpretation by the General Counsel will be recognized to _be binding upor1 the Corrmission.

§ 51.6 Specific exemptions The Colll1liss1on may, upon application of any interested person or upon its own i n1 ti a ti ve, grant such exemptions fron the requirements of the regulations in this part as it detenn1nes are authorized by law and are otherwise in the public interest.

SUBPART A - NATIONAL ENVIRONMENTAL POLICY ACT - REGULATIONS IMPLE-MENTING SECTION 102(2)

§ 51.10 Purpose and scope of subpart; Application of regulatfons of Council on Environmental Quality.

(a)

The National Environmental Policy Act of 1969. as amended (NEPA) directs that, to the fullest extent possible:

(1) the polfciess regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in NEPA, and (2) all agencies of the Federal Government shall comply with the procedures in section 102(2) of NEPA except where compliance would be inconsistent wf th other statutory requirements. The regulations fn this subpart implement section 102(2) of NEPA fn a manner which 1s consistent with the NRC's domestic licensing and related regulatory authority under the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and.the Uranium Mill Tailings Radiation Control Act of 1978, and whtch reflects the Conm1ssion 's announced policy to take account voluntarily, subject to certain conditions, of the regu1at1ons of the Council on Envfrom1ental Quality pub11shed Novem-ber 29, 1978 (43 FR 55978-56007}. This subpart does not apply to export 11c*ensing matters within the scope of Part 110 of this chapter nor does ft apply to any environmental effects which NRC's licensing and related regula-tory funct1ons may have upon the envirorvnent of foreign nations or the global conmons.

(b)

Insofar as a particular matter of NEPA implementation _is not addressed by the regulations in Subpart A of this part, ft will be the CQrmnfssion's policy to follow the regulations of.the Council on Environ-mental Quality as published by the Councfl on November 29t 1978 (43 FR 55978-56007) 1 except that the Comm1ss f on will devote further study to 40 CFR

§ 1502.14(b), § 1502.22(a) and (b), and the portion of§ 1508.18 which includes within the def1nftion of major Federal action "the circumstance where the responsible offfc1a1s fail to act and-that failure to act is rev1ewable by courts or administrative tribunals-under the Administrative Procedure Act or other applicable law as agency action **** " before deciding to what extent these provisions may or should mandate a change in present C001T1ission policy.

The Comm1ssion will also:

(l) Examine any future interpretation or change to the Council's NEPA regulations; (2) Prepare an independent environmental impact statement whenever the COfllllfss1on has jurisdiction over an activity, even though the Ccrmission has not been designated as lead agency for preparation of the statement; and

{3)

Make a final decision on any matter within the COfflnission's regu-latory authority even-though another agency has made a predecisiona1 referral of an NRC action to the Counci] under the procedures of 40 CFR Part 1504.

(c) This subpart does not a~dress any limitations on the NRC 1s authority and responsibility pursuant to the National Environmental Policy Act of 1969, as amended, imposed by the Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92*500, 86 Stat. 816 et seq. (33 U.S.C. § 1251 et seq.). This matter 1s addressed fn part in a 11Policy Statement on Implementa-tion of Section 511 of the Federal Water Pollution Contro1 Act (FWPCA)"

attached as Appendix A to the "Second Memorandum of Understanding Regarding Implementation of Certain NRC and EPA Responsibilities" published fn the FEDERAL REGISTER on December 31, 1975 (40 FR 60115) and effective January 30, 1976.

{d) Commission !!Ctions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not sub-ject to section 102(2) of NEPA.

These actions 1nclude issuance of notices an~. orders pursuant to* Subpar-t B of Part 2 of this chapter, and matters covered by Part 160 of this chapter.

§ 51.11 Relationship to other subparts. [Reserved]

§ 51.12 Appl;cation of subpart to proceedings.

(a) Except as otherwise provided in this sectfon. the regulations fn this subpart shall apply to the fullest extent practicable to ongoing activities and environmental documents begun before [Effective date of NRC regs to be inserted.]

(b)

No environmental document completed on or before [insert effective date of NRC regs] need be redone and no notice,of intent to prepare or notice of availability of an environmental document published on or before [insert effective date of NRC regs] need be republished by reason of these regulations.

(c) The regulations 1n this subpart are not applicable to any supple-ment to a draft environmental impact statementt any final environmental impact state_ment or any supplement to a final environmenta1 impact statement filed with the Environmental Protection Agency on or after July 30, 1979, if the draft environmental impact statement on the action to which the document relates was filed with the Environmental Protection Agency on or before July 29, 1979.

§ 51.13 Emergencies.

Whenever emergency circumstances make 1t necessary. the Commission may take an action with significant environmental impact without observing the provisions of these regulations. This exemption only applies to actions necessary to control the immediate impacts of the emergency.

When an emer-gency action covered by this section is taken. the Co11111fssion will consult with the Council concerning appropriate alternative NEPA arrangements.

§ 51.14 Definitions.

(a) As used 1n this subpart:

(1} "Categorical Exclusi'on 11 means a category of actions which do not individually or cumu1at1vely have a significant effect on the.human environ*

ment and which the C011111ission has found to have no such effect in accordance with procedures set out fn §51.22 of this subpart, and for which, therefore, neither*an environmental assessment nor an environmental impact statement 1s required.

(2) 11C0operating Agency!' means any_ Federal agency other than the NRC which has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or a reasonable alternative) for 1eg1s1at1on or other major Federal action significantly affecting the*

quality of the human environment.

By agreement with the Conrniss1on, a State or local agency of similar qualifications or. when the effects are on a reservation. an Indian Tribe, may become a cooperating agency.

(3) 11Caunciln means the Council on Environmental Quality established by Title II of NEPA.

(4) 0 Environmental AssessmentQ means a concise public document for which the C001J1fssion is responsible that serves to:

(i) Briefly provide sufficient evidence and analysis for detennin1ng whether to prepare an environmental fmpact statement or a finding of no sfgn1ffcant impact.

(ii) Aid the Commission 1s compliance with NEPA when no environmental impact statement fs necessary.

(iii) Fae i 1f tate preparation of an environmenta 1 impact statement when one is necessary.

(5) 11Env1ronmental document" includes the documents spec1f1ed 1n

§51.14(a)(4) (environmental assessment), §51.14(a){6) (enviromental impact statement) t §51.14(a)(8) (ff nding of no sfgniff cant. impact), §51.14{a)(7).

(env1rorvnenta1 report) and any supplements to or comments upon those docu-ments1 and §51.14(a}(l0) (notice of intent).

(6} "Environmenta 1 Impact Statement 11 means a detailed written statement as required by section 102(2}{C) of NEPA.

- 65..

(7) 11Envir0nmenta1 report 11 means a document submitted to the Commission by an applicant for a pann1t, license, or other fonn of penn1ssion, or an amendment to or renewal of a pennit, license or other fonn of pennfssfon1 or by a petitfoner for rulemak1ng, ~n order to aid the Camiissfon fn complying with section 102(2) of NEPA.

(8) 11F1 nd1ng of No Significant Impact" means a concise pub1 ic document for which the Commission is responsible that briefly states the reasons why an action, not otherwise excluded, will not have a s19n1f1cant effect on the human enviroment and for whfch therefore an envirorrnental impact statement will not be prepared.

.. (9) 11NEPA 11 means the National Environmental Policy Act of 19~9, as amended (Pub. L.91-190, 83 Stat. 852. 856, as amended by Pub. L. 94-83, 89 Stat. 424, 42 u.s.G. § 4321, et seq.).

(10) "Notf ce of Intent" means a notice that an environmental impact statement will be prepared and considered.

§ 51.15 Time schedules.

Consistent with the purposes of NEPA, the Administrative Procedure Act,

§§ 51.100 and 51.101 of this subpart, -and with other essential considerations of national policy:

(a) The appropriate NRC staff di rector or his designee may, and upon the request of an applicant for a proposed action or a petitioner for rule-making shall, establish a time schedule for all or any constituent part of the NRC staff NEPA process.

To the maximum extent practicable, the NRC staff wHl conduct its NEPA review ;n accordance with any t1me schedule established under this sectfon. Whenever the NRC staff is unable to mee~ a time schedule establish,d at an applicant's or petitioner's request, the appropriate NRC staff director or his designee will infonn the applicant or petitioner in writing of the reason for the delay.

(b)

The presiding officer, the Atomic Safety and Licensing Appeal Board.or the Conmiss1oners actfng as a collegial body lllilY establ_i sh a time schedule for all or any part of 1ts actions pursuant to Subpart G of Part 2 of th1s Chapter.

.. 67 -

PRELIMINARY PROCEDURES CLASSIFICATION OF LICENSING AND REGULATORY ACTIONS

§ 51.20 Criteria for and identification of lic*ens1ng and regulatory actions

• requiring environmental impact statements.

(a) Licensing and regulatory actions requiring an environmental impact statement shall meet at least one of the following criteria:

(1) The proposed act.ion is a major Federal action sign1ff cantly affecting the quality of the human environment.

(2) The proposed action involves a matter which the Commission. in the exercise of its discretion, has detem1ned should be covered by an environ-mental impact statement.

(b) The following types of actions require an environmental impact statement or a supplement to an environmental impact statement:

(1) Issuance of a pennit to construci a nuclear power reactor, testing facf1fty or fuel reprocessing plant pursuant to Part 50 of this chapter.

(2) Issuance of a full power or des1gn capacity license to operate a nuclear power reactor, testing faci 1 i ty i or fuel reprocessing plant pursuant to Part 50 of this chapter.

... 68..

(3) Issuance of a pennit to construct or a design capacity license to operate an isotopic enrictvnent plant pursuant to§ 50.22 of this chapter.

(4) Conversion of a provisional operating license for a nuclear power reactor, testing facility or fuel reprocessing plant to a full tenn or design capacity license pursuant to Part 50 of this chapter if a final environmental impact statement covering full term or desfgn capacfty opera-tion has not been previously prepared.

(5)

Issuance of a 1 icense to manufacture pursuant to Appendix M of Part 50 of this chapter.

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

{7) 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.

(8) Issuance of a license pursuant to Parts 30 and 70 of. this chapter authorizing the receipt and possession for purpose of storage of spent commercial reactor fuel at a site not occupied by a nuclear power reactor.

(9) Issuance of an authorization to construct a repository for the storage or disposal of high-level radioactive waste.

(10) Issuance of a license to receive and possess high-level radioactive waste in a repository for the purpose of storage or disposal.

(11) Amendment of license to authorize decanmissioning of a repository which has been used for the storage or disposal of high-level radioactive waste.

(12) Issuance of a license authorizing commercial low-level radioactive waste dis-posal pursuant to Parts 30, 40, and/or 70 of this chapter.

(13) Any other action which the Commission detennines is a major Conmission action significan~ly affecting the quality of the hu~an environ-ment.

As provided in§ 51.22(b) of this subpart, the Canmfssion may, in special circumstances, prepare an environmental impact statement on an action covered by a categorical exclusion.

§ 51.21 Criteria for and identification of licensing and regulatory actions requiring environnental assessments.

(a) Licensing and regulatory actions requiring an environmental assessment shall meet at least-one of the following criteria:

(1) The proposed action does not meet the criteria in §51.20 for an action requiring an environmental impact statement or is not of the type listed in§ 51.22(c) as a categorical exclusion.

(2) The proposed action involves unresolved conflicts concerning alternative uses *of avail ab1 e r,sources.

(3) The proposed actfon requires preliminary analysis to enable the Comission to decide whether to prepare an environmental impact statement or a finding of no significant impact.

(4) The proposed action involves a matter which the Comnission. in the exercise of its discretion. has detem11ned should be covered by an environ*

mental assessment.

(b) The following types of actions require an environmental assessment:

(1) Issuance of a pemit 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§ 51.20.

(2) Issuance of an amendment to a construction pennft or full power or design capacity operating license for a nuclear power reactor, testing

- 71..

facility, fuel reprocessing plant, isotopic enrichment plant licensed pur-suant to§ 50.22 of this chapter or to a license to manufacture that would authorize or result in: (i} a significant expansion of a site; (11) a significant change in the types of effluents; (iii) a significant increase fn the amounts of effluents; (fv) a significant increase fn occupational expo-sures; (v) a s1gnfffcant increase in the potential for accidental releases; (vi) a significant increase in the authorized power level; or (vii) a signifi-cant increase in spent fuel storage capacity.

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

(4) Issuance of a license pursuant to Parts 30 and 70 of this chapter authorizing the receipt and possession for purpose of storage of spent c00111ercia1 reactor fuel at an instal1atfon on the site of but separate from a nuclear power reactor.

(5) Is~uance of an amendment that would authorize or result in (1) a significant expansion of a site, (11) a significant change in the types of effluents, {iii) a significant increase fn the amounts of effluents, (iv) a significant increase in occupatfona1 exposures, (v) a significant increase in the potential for accidental releases. or {vi) a significant increase in spent fuel storage capacity, in a license for:

(A) Possession and use of special nuclear material for processing, fuel fabrication, scrap recovery, or conversion of uranium hexafluoride pursuant to Part 70 of this chapter.

(B} Possession and use of source material for uranium milling or production of uranium hexafluoride pursuant to Part 40 of this chapter.

(C) Receipt and possessi9n of spent canmercfal ~eactor fuel at any site for purpose of storage pursuant to Parts 30 and 70 of this chapter.

(D} Rece;pt and possession of high-level radioactive waste in a reposi-tory for the purpose of storage or disposal.

(E} Commercial low-level radioactive waste d,sposal pursuant to Parts 30, 40, and/or 70 of this chapter.

( 6)

Renewa 1 of licenses to conduct activities 1 is ted in paragraph (b)(S) of this section.

(7) Amendnent of a license to authorize backfilling of a repository which has been used fo~ the storage or disposal of high-level radioactive waste.

(8) License amendments or orders authorizing the dismantling or decommissioning of nuclear power reactors, testing facfl1tfes, fuel reprocessing plants and isotopic enrichment plants.

(9) Tenninatfon of a license for the possession and use of source material for uranium milling.

(10) Issuance of 1 icenses pursuant to Parts 30, 40 or 70 of this chap-ter (1) for nuclear laundries, (ff) authorizing processing of byproduct, source and special nuclear materials for distribution to other licensees, (iii) authorizing processing of.source material for extraction of rare earth and other metalstll or (iv) testing of depleted uranium military munitions.

{11) Substan~ive and significant amendments fran the standpoint of environmental impact of Parts 20, 30, 31, 32, 33, 34, 35, 40, 50, 51, 70, 71, 73, 81, or 100 of this chapter.

(12) Any action which the Cormnissfon detennines involves unresolved conflicts concerning alternative uses of available resources.

(13) Amendments of Parts 30, 40 or 70 of thfs chapter concerning the exemption fron licensing and regulatory requirements of or authorizing V

Except for uranium milling which is specifically identified in

§§ 51.20(b)(7) and 51.21(b)(5)(B) of this subpart.

- 74

• general 11censes for any equjpment, device, commodity or other product con-taining byproduct material, source material or special nuclear ma.terial.

(14} Any other action within the scope of this subpart not included fn the types of actions listed in§§ 51.20(b) or 51.22(c).

As provided 1n

§ 51,22(b) of this subpart, the ConnJssion m~, in special circumstances, prepare an environmental assessment on an action covered by a categorical exclusion.

§ 51.22 Criterion for and 1dent1fication of licensing and regulatory actions eligible for categorical exclusion.

~ (a) Licensing and regulatory actions eligible for categorical exclu-sion* shall meet the following criterion: The proposed action belongs to a category of acttons which the Comf ssfon, by rule or regulation, *has declared to be a categorical exclusf on, after first finding that the category of actions does not individually or cumulatively have a significant effect on the human environnent.

(bl Except in special circumstances as determined by the CoH111iss1on, upon 1ts own 1nitiatfve or upon request by any interested person, an environ-mental assessment or an environmental impact statement is not required for any action w1th1n a category*of actions included 1n the list of categorical

• exclusions set out in paragraph (c) of this section.

• 75 *

(c) The following categories of actions are categorical exclusions:

{1). Amendments to Parts l, 2. 4, 7. 8, 9, 10, 14, 19, 21, 55, 140,

• 1501 or 170 of this chapter.

(2) Amendments to the regulations in this chapter which are corrective or of a minor or nonpol1cy nature and do not substantially modify ex1st1ng regulations.

(3) Amendments to Parts 20, 30, 31, 32, 33, 34, 35, 40, so, 51, 70, 71, 73, 81, or 100 of this chapter which relate to (i) procedures for filing and reviewing applications for licenses or construction pemits or other fonns of **pennf ssi on or for amendments to or renewals of lf censes or construe ti on pennits or other fonns of permission; (ii) recordkeeping requirements; or (iif) reporting requirements.

(4) Entrance into or amendment of an agreement w1th a State pursuant to section 274 of the Atomic Energy Act of 1954, as amended, providing for assumption by the State and discontinuance by the Conmfssion of certain regulatory authority of the Comniss1on.

(5) Procurement of general equipment and supplies.

(6) Procurement* of technical assistance, conf1nnatory research. and personal services relating to the safe operation and protection of conmer-cfal reactors, other facilities, and materials subject to NRC licensing and regulation.

(7) Personnel actions.

(8) Issuance, amendment, or renewal of operators' licenses pursuant to Part 55 of this chapter.

(9)

Issuance of an amendment to a pemit or l i cense for a reactor pursuant to Part 50 of this chapter., which changes a requirement with respect to--installation or use of a facility component located within the restricted area, as defined in Part 20 of this chapter, or which chan~es an inspection or, surveillance.requirement, provided that ( 1) the. amendment does not involve any significant hazards consideration, (ii) there is *no change in the types of amounts of any efflue~ts that may be released offsfte, and (ii 1) there is no associated increase fn 1 ndfv.idual or cumulative occupa-tional radiation exposure.

(10) Issuance of an amendment to a pennft or license pursuant to Parts 30, 40, 50, or 70 of this chapter which (1) changes insurance and/or indemnity requirements, or (if) changes recordkeeping, reporting, or admin*

istrative procedures or requirements.

... 77..

(11} Issuance of amendments to licenses for fuel cycle plants and radio--

active waste disposal sftes as identified in§§ 51.20(b) or 51.2l(b) of thfs subpart which are admfnistratfve, organizational, or procedural in nature; or which result fn a change in process operations or equi1J1tent, provided that (f) there fs no increase in the types or amounts of effluents that may be released offsite, (ii) there 1s no associated increase 1n 1ndfvfdua1 or cumulative occupational rad1atfon exposure. {11i) there 1s no significant construction impact, and (1v) there 1s no increase ;n the potential for or consequences from radiological accidents.

(12)

Issuance of an amendment to a license pursuant to Parts 50 and 70 of this chapter relating solely to safeguards matters (i.e., protection against sabotage or loss or diversion of special nuclear material) or issuance of an approval of a safeguards plan submitted pursuant to Parts so.

70, and 73 of this chapter, provided that the amendment or approval does not involve any significant construction impacts.

(13) Approval of package designs for the delivery of licensed materials to a carrier for transportation.

(14) Issuance, amendment, or renewal of the following types of materials 1 i censes issued pursuant to 10 CFR Parts 30, 40,.or 70:

.. 78 -

(i) Distribution of devices and products containing radio-active material t9 general licensees and persons exempt from 11 censi ng (ii) Medical licenses (iii) Nuclear phannac1es (iv) Tel_etherapy l 1censes (v) Licenses to academic institutions for educational purposes (vi) Industr1a1 radiography (vii) Acceptance of packaged radioactive wastes from *others for transfer to licensed land burial facilities (viff) Irradiators (dry storage--self*contained)

(ix) lrradiators (wet storage--panoramic)

(x) Gauging devices, analytical instruments, and other devices utilizing sealed sources (xf) Source material licenses for fabr1cation of the prod.ucts specified in 10 CFR § 40.13, fabrication of military munitions,

.and laboratory use for research and development (xi 1)

Well logging (xiii) Research and development licenses involving less than ten curies of radioactive material (15) Issuance, amendment or renewal of licenses for import of nuclear equi JJDent and materf als pursuant to Part 110 of tM s chapter. except where the. subsequent possession or use of the materials or equipment is beyond the scope of any NRC 11censed activity.

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DETERMINATIONS TO PREPARE ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL ASSESSMENTS OR FINDINGS OF NO SIGNIFICANT IMPACT 1 ANO RELATED PROCEDURES

§ 51.-25 Detennfnat1on to prepare enviror111enta1 impact statement or-environ-mental assessmenti Elfg1bflfty for categorical exclusion.

Before takfng a proposed actfon subject to the provisions of this subpart, the appropriate NRC staff director or his designee wf11 detennfne on the basis of the e~1teria and c1ass1f1cat1ons of types of actions in

§§ 51.20,* 51.21 and 51.22 of this subpart whether the proposed action 1s of the type listed 1n § 5l.22(c) as a categorical exclusion or whether-an environmental impact statement or an.environmental assessment should be prepared.

§ 51.26 Requirement to publish notice of int~nt and conduct scoping process.

(a) Whenever the approprfate NRC staff director or his desfgnee deter-mines that an environmental impact statement will be prepared 1n connection w1 th a proposed action, a notice of intent will be publ1 shed and an appro..

prfate scoping process will be conducted.

(b) The scoping process may include a pub1ic scoping meeting.

§ 51.27 Notice of intent.

(a) The notice of intent required by§ 51.26 of thfs subpart shall:

(1) State that an enviromnental impact statement will be prepared; (2) Describe the proposed action and possible alternatives; (3) State whether the applicant or petitioner has ftled an environ-mental report. and where copies are available for publ fc inspection; (4) Describe the proposed scoping process, including the role of participants, whether written comments will be accepted, the last date for submitting conments and where conrnents should be sent. whether a public scoping meeting will be held, the time and place of any scoping meeting or when the time and place of the meeting will be announced; and (5) State the name, address and telephone number of an i ndivf dual in NRC who can provide infonnation about. the proposed action, the scoping process, and the environmental impact.statement.

Scoping

§ 51.28 Scoping - Environmental impact statement.

(a) The scoping process for an environmental impact statement shall begin as soon as practicable after publication of the notice of intent and shall:

(1) Detennfne the scope and identify the significant issues to be analyzed in depth.

(2) Identify and eliminate from detailed study issues which are peripheral or are not s1gn1ficant or which have been covered by pr1or env*f ronmen ta 1 review. Di scu ss ion* of these 1 s sues i n the s ta temen t wf 11 be 1 imited to a brief presentation of why they are peripheral or will not have a significant effect on the quality of the human environment or a reference to their coverage elsewhere.

{3) Identify any public environmental assessments and other environ-mental impact statements which are being or will be prepared that are related to but are not part of the scope of the statement under consideration.

(4) Identify other environmental review and consultation requirements related to the proposed action so that other required analyses and studies may be prepared concurrently and integrated with the environmental impact statement.

• 82..

(5) Indicate the relat1onsh1p between the timing of the preparation of env1romiental analyses and the C0111T1fssion 1s tentative planning and decision-making schedule.

(6) Identify any cooperating agencies, and as appropriate. allocate assigl'lllents for preparation and schedules for completion of the statement to the NRC and any cooperating agencies.

(7) Describe the means by which the environmental impact statement will be prepared. including any contractor assistance to be used.

(b} At the conclusion of the scoping process. the appropriate NRC st~ff director or his designee will prepare a concise sumnary of the deter..

minations and conclusions reached, including the signi ficant issues iden-tified,-and w111 send a copy of the su1T111ary to each participant in the scoping process.

(c) At any t1me prfor to issuance of the draft environmenta1 impact statement, the appropriate NRC staff director or his designee may revise the detenninations made under paragraph (b) of this section. as appropriate, if substantial changes are made in the proposed action, or if sfgnif1cant new circumstances or information arise wh1ch bear on the proposed action or its impacts.

§ 51.29 Scoping - Participants (a) The appropriate NRC staff director or his designee shall invite.

the following persons to participate in the scoping process:

(1) The applicant or the petitioner; (2) Any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved or which 1s authorized to develop and enforce relevant environmental standards; (3) Affected State and local agencies. including those authorized to dev.elop and enforce relevant enviro11T1ental standards; (4) Any affected Indian tribe; and (5}

Any person who requests an opportunity to participate in the scoping process.

(b) Participation in a scoping process does not. by itself, entitle the participant to become a party to the proceeding as provided in 10 CFR

§ 2.714. or in the case of rule making as provided in the notice of hearing, or to make a limited appearance as provided in 10 CFR § 2.715.

.. 84..

Environmental Assessment

§ 51.30 Environmental assessment.

(a) An environmental assessment shall identify the proposed action and include:

(1) A brief discussion of

{i) the need for the proposed action; (ii) alternatives as required by sec. 1O2{2)(E) of NEPA; (iii) the environmental impacts of the proposed action and altematives; and (2) A iist of agencies and persons consulted, and identification of sources used.

§ 51,31 Determinations based on environmental assessment.

Upon completion of *an e:nv1ronmenta1 assessment, the appropriate NRC staff director or his desfgnee will determine whether to prepare an environmental impact statement or a finding of no sig~ificant impact on the proposed action.

As provided in § -51.33 of this subpart, a detennination to prepare a draft finding of no significant impact may also be made.

Finding of No Sfgnfffcant Impact

§ 51.32 Finding of no significant impact.

(a) A finding of no significant impact will:

(1) Identify the proposed action; (2) State that the Commfssion has determined not to prepare an environ-mental impact statement for the proposed action; (3) Briefly present the reasons why the proposed action will not have a significant effect on the quality of the human environment; (4) Include the environmental assessment or a sunwnary of the environ-mental assessment.

[f the assessment is included, the finding need not repeat any of the discussion in the assessment but may incorporate it by reference;

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(5) Note any other related environmental documents; and (6) State that the finding and any related environmental documents are ava1*1 able for publ fc 1nspectfon and 11st the locatfon or locations where the documents may be inspected.

§ 51.33 Draft finding of no significant impact.

(a) As provided in paragraph (b) of this section. the appropriate NRC staff director or his designee may make a detennination to prepare and issue a draft finding of no significant impact for public review and conment before making a final detennfnation whether to prepare an environmental impact state-merit or a final finding of no s i gn1 fi cant impact on the proposed actf o*n, (b) A draft finding of no s1gniffcant impact may be prepared whenever a proposed action (1) is, or is closely similar.to, one which nonnally requires the preparation of an envf ronmental impact statement, or {2) 1.s without precedent.

(c) A draft ff nding of no significant impact wi 11 (1) be marked "Draft"*

(2) contain the 1nfonnat1on specified in§ 51.32 of th1s subpart, and (3) be accompanied by or include a request for comments on the proposed action and on the draft finding within thirty (30) days, or such longer period as may be specified in the notice of the draft finding.

(d)

When a draft finding of no significant impact 1s issued for a proposed action, a final detennination to prepare an environmental impact statement or a final finding of no significant impact for that action shall not be made untf1 the last day of the public conment period has expired.

§ 51.34 Preparation of finding of no significant impact.

(a) Except as provided in paragraph (b} of this section, the ffndfng of no sfgnfffcant impact wi11 be prepared by the NRC staff director authorized to~take the*action. or his designee.

(b) If the action is subject to a hearing under the regulations in Subpart 6 of Part 2 of this chapter or if the action can only be taken by the Commissioners acting as a collegial body, the appropriate NRC staff director or his designee will prepare a proposed finding of no significant impact which may*be subject to modification as a result of Co11111issfon review and decision as appropriate to the nature and scope of the pro-ceeding. In such cases, the presiding officer, the Atomic Safety and Licensing Appeal Board. or the Coomission acting as a co11egial body.

as appropriate. will issue the final finding of no significant impact.

§ 51.35 Requirement to publish finding of no s1gnfficant impact; 11mjtat1on on C01111ss1on action.

(a) Whenever the Conmfss1on makes a draft or final finding of no significant impact on a proposed action, the finding w111 be published as

~rovided 1n § 51.119.

(b) Unless the Conmfssfon fs required to take emergency action, the C01'11111ssion shall not take any actfon for which a ~raft ffndfng of no s1gniff-can t impact has been made until after the final finding has been pub 11 shed in the FEDERAL REGISTER.

ENVIRONMENTAL REPORTS AND INFORMATION - REQUIREMENTS APPLICABLE TO APPLICANTS AND PETITIONERS General

§ 51.40 Consultation with NRC Staff.

(a) A prospective applicant or petitioner 1s encouraged to confer with NRC staff as early as possible fn its plannfng*process before subm1ttfng environmental information or filing an environmental report.

(b) Requests for guidance or 1nfonnation on environmental matters may 1n~lude 1nquir1es relating to:

(1) Applicable NRC rules and regulations; (Z} Fonnat, content and procedures for filing environmental reports and other environmental infonnatfon; (3) Availability of relevant environmental studies and environmental information; (4) Need for, appropriate level and scope of any environmental studies or infonnatfon whfch the C01m1issfon may require to be submitted 1n connection with an application or petition;

• 90..

(5) Public meetings with NRC staff.

(c) Questions concerning environmental matters shou*ld be addressed to the following NRC staff offices as approprfatet Utilization fac111ties: Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Cormrissfon, Washington, D.C. 20555, Telephone:

{301) 492-7691.

Production fac1lfties: Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, Telephone: (301) 427-4063.

Materials licenses: Dh*ector, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Corrmiss1on, Washington, D.c. 20555, Telephone:

(301) *427-4063.

Rule making: Executive Director for Operations, U.S. Nuclear Regula-tory Camif ssion, Washington, o.c. 20555, Telephone:

{301) 492-7511.

§ 51,41 Requirement to submit environmental 1nfonnatfon.

The COllltlissfon may require an applicant for a pennit, license, or other form of pennission. or amendment to or renewal of a pennft, license or other form of pennission, or a petitioner for rulemaking to submit such 1nfonna-tfon to the Coomiss1on as may be useful fn aiding the Coimfssion 1n comply-ing with section 102(2) of NEPA.

The Conniss1on wfll fndependently eval-.

uate the infomatton submitted and will be responsible for the reliability of any infonnation whfch it uses.

Environmental Reports - General Requirements

§ 51.45 Environmental Report.

(a} General.

As required by§§ 51~50, 51.53, 51.54, 51.60 or 51.65 each applicant or petitioner shall submit with its app1fcation or petition a seearate document entitled 11Applf cant' s11 or 11Peti ti oner's Environmental Report,** as appropr1ate, in the number of copies specified in§§ 51,55, 51.61 or 51.66.

An applicant or petitioner may submit a supplement to an environ-mental report at any time.

(b) Environmental considerations. The environmental report shall contain a description of the proposed action.a statement of its purposes. a description of the environment affected, and discuss the following considerations:

(l) The impact of the proposed action on the environment.

Impacts shall be discussed 1n proportion to their significance;

• 92 -

(2) Any adverse environmental effects which cannot be avoided should the proposal be implemented; (3) Alternatives to the proposed action. The discussion of alter-natives shall be sufficiently complete to aid the Conrnission in developing and exploring. pursu*ant to section 102(2)(E) of NEPA, "appropl"iata alterna-tives to recormended courses of action in any proposal which involves unre-solved conflfcts *concern1ng alternative uses of available resources." To the extent practicable. the environmental impacts ~f the proposal and the alternatives should be presented fn comparative fonn; (4) The relationship between local short-tentt uses of man's environ-me~t and the maintenance and enhancement of long-tenn productivityi and (5) Any irreversible and irretrievable commitments of l"E!sources which would be involved in the proposed action should it be implenented.

{c) Analysis. The environmental report shall include an analysis which considers and balances the environmental effects of the proposed action and the alternatives available for reducing or avoiding adverse environmental effects, as well as the environmental, econam;c. technical and other benefits of *the proposed action. The analysis shall, to the fullest extent practicable. quantify the various fac;tors considered.-

To the extent that* there are important qualitative considerations or these factors cannot be quantified. they shall be discussed 1n qualitative tenns. The environ-mental report should contain sufficient data to aid the Comnission in its development of an independent analysis.

(d) Status of compliance. The environmental report shall list all Federal pennits, licenses, approvals and other entitlements whfch must be obtained in connection with the proposed actf on and shall describe the status of compliance with these requirements. The environmental report shall also include a discussion of the status of compliance with applicab1e environmental quality standards and requirements (including. but not limited to, applicable zoning and land-use regulations, and themal and other water po 11 ut1on 1 f mita ti ons or requ frements promulgated or imposed pursuant to the Federal Water Pollution Control Act) which have been fmposed by Federal.

State. regional, and local agencies having respons1b1lity for environmental protection. The discussion of altetnatives in the report shall include a discussion whether the a1ternatfves w111 comply with such app11cable environ*

mental quality standards and requirements.

(e) Adverse fnfonnatfon. The fnfonnation submitted pursuant to para-graphs (b)-(d) of this section should not be confined to infonnatfon supporting the proposed action but should also include adverse infonnation.

Envirot'lllental Reports - Production and Utilization Facilitfes

§ 51.50 Environmental Report - Construction pennft stage.

£ach applicant for a pennft to construct a produc~ion or ut111zation facility covered by §.51.20 shall submit with its application the number of copies, as specified in § 51.55, '1f a separate document, entitled "Applicant's Env frorrnenta 1 Report - Construction Penni t Stage_., which sha 11 con ta 1 n the infonnation specified 1n §§ 51.45, 51.51 and 51.52 of this subpart.

§ 51.51 Enviromiental effects of uranium fuel cycle - Table S-3.

[Reserved.]

NOTE:

On July 27~ 1979, the Commissfon promulgated a final rule to be effec-tive September 4, 1979. When proposed Part 51 is promulgated in final fonn, this section will incorporate the text of the effective rule.

§ 51.52 Environmental effects of transportation *of fuel and waste.

Every environmental report prepared for the construction pennit stage of a 1 igh.t-water-cool e<i nuclear power reactor, and submitted *after February 4, 1975, shall contafn a statement concerning transportation of fuel and rad1oac~ive wastes.to and from the reactor. That statement shall indicate that the reactor and th1s transportation either meet all of the cond1t1ons in paragraph (a) of this section or all of the conditions fn paragraph (b) of this section.

(a) {1) The reactor has a core thermal power level not exceeding 3,800 megawatts;

{2) The reactor fuel fs fn the fonn of sintered uranium d1ox1de pellets having a uranium-235 enrichment not exceeding 41 by weight. and th~

pellets are encapsulated in zircaloy rodSi (3) The 4verage level of irradiation of the irradiated fuel from the reactor does not exceed 33,000 megawatt~days per metric ton, and no irradiated fuel assembly 1s shipped until at least 90 days after it is di s charged from the reactor; (4) With the exception of irradiated fuel. all radioactive waste shipped from the reactor 1s packaged and in a solid fonn; (5) Unfrradiated fuel is shipped to the reactor by truck; irradiated fuel is shipped from the reactor by truck, rail, or barge; and radioactive waste other than irradiated fuel ts shipped from the reactor by truck or rafl; and (6) The environmental impacts of transportation of fuel and waste to and from the reactor, with respect to nonnal condf t1ons of transport and possible accidents in transport, are as set forth in Summary Table S-4 in paragraph (e) of this section; and the values in the table represent the contributfon of the transportation to the environmental costs of licensing the reactor.

(b)

For reactors not meeting the conditions of paragraph (a) of this section, the statement shall contain a full de.scriptfon and detailed analysis of the environmental effects of transportation of fuel and wastes to and frcm the reactor. including values for the environmental impact under normal conditions of transport and for the environmental risk from accidents 1n transport.

The statement snall indicate that the values detennined by the analysis represent the contribut1 on of such effects to tne envi r.onmenta 1 costs of licensing the reactor.

(c)

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§ 51.53 Supplement to Environmental Report - Operating license stage.

Each applicant for a license to operate a production or utf1fzatfon

• facility covered by§ 51.20 shall submit with its application the number of copies. as specified in § 51.55~ of a separate document, entf t1ed "Supplement to Applicant's Environmental Report - Operating License Stage.

11 Unless otherwise required by the Corrm1ssfon, the appl1cant for an operating license for a nuclear power reactor shall su*bmit thfs report only fn connection with the first licensing action authorizing full power operation. In this report.

the applicant shall discuss the same matte~s described in §§ 51.45. 51.51 and 51.52 of this subpart, but only to the extent that t~ey differ from those discussed or reflect new infonnation in addition to that discussed in the final environment~l impact statement prepared by the Commission 1n connec-tion with the construction pennit.

§ 51.54 Environmental Report - Manufacturing license, Each app1fcant for a *license to manufacture a nuclear power reactor, or for an amendment to a license to manufacture seeking approval of the final design of the nuclear power reactor, pursuant to Appendix M of Part 50 of this chapter shall submit with its application to the Director of Nuclear Reactor Regulation the number of-cop1es, as specified in § 51.55, of a sepa-rate document, entitled nApplicant 1s Environmental Report - Manufacturing License, 11 or "Supplement to Applicant's Environmental Report - Manufacturing License.* The environmental report shall address the environmental matters specified 1n Appendix M of Part 50 of this chapter, and shall contain the infonnation specified in § _51.45 of this subpart, as appropriate.

§ 51.55 Environmental Report* Number of copies; Distribution.

(a) Each applicant for a license to construct and operate a production or utilization facility covered by paragraphs {b)(l), (b)(2), (b)(3) or (b)(4} of§ 51.20 shall submit to the Director of Nuclear Reactor Regulation or the Director of Nuclear Mater1a1 Safety and Safeguards9 as appropriate, in accordance with.§ so:3o{c)(l)(iv) of Part 50 of this chapter, forty-one (41) copies of an environmental report, or an.Y supplement to an environmental report. The applicant shall retain an additional 109 copies of the environ*

mental report or any supplement to the environmental report for d-1stribut1on to parties and Boards in the NRC proceeding. Federal, State. and local offi-cials and any affected Indian tribes. in accordance wfth written instructions issued by the Director of Nuclear Reactor Regulation or the Director of Nuclear Material Safety and Safeguards or their designees, as approprf ate.

(b} Each applicant for a license to manufacture a nuclear power reactor.

or for an amendment to a license to manufacture seeking approval of the final design of the-nuclear power reactor, pursuant to Appendix M of Part 50 of this chapter shall submit forty*one (41)_ copies of an environmental report or any supplement to an env.ironmental report to the Director of Nuclear Reactor Regulation.

The applicant shall retain an additional 109 copies* of the environmental report or any supplement to the environmental report for dis-tribution to parties and Boards 1n the NRC proceeding, Federal, State, and local offfc1als and any affected Indian tribes, in accordance with written instructions issued by the Director of Nuclear Reactor Regulation or his desfgnee, as appropriate.

Environmental Reparts - Materials Licenses

§ 51.60 Environmental Report - Materials licenses.

Each applicant for a 1 fcense or other fom of pennf ss ion, or an amend-ment to or renewal of a license or other fonn of pennission issued pursuant to Parts 30, 40, and/or 70 of this chapter, covered by paragraphs (b)(6),

(b)(7), (b)(8) 1 (b)(9), (b)(lO), (b)(ll), or (b)(12) of§ 51.20, or (b)(4),

{b)(5). {b)(6); {b)(7). (b)(S), (b)(9), or (b)(IO) of§ 51.21 shall submit with its application to the Director of Nuclear Material Safety and Safe-guar.ds the number of copies. as specified in§ 51.61, of a separate document, entitled 11Applfcant 1s Environmental Report. H The "Applicant's Environmental Report11 shal 1 contain the infonnatf on specified in § 51.45 of th1s subpart.

§ 51.61 Environmental Report - Number of copies; Distribution.

Each applicant for a license o.r other fonn of pennission, or an amend-ment to or renewal of a license or other fonn of pennfss1on fssued pursuant

- 100 -

to Parts 30, 40, and/or 70 of this chapter, covered by paragraphs {b)( 6),

(b)(7), (b)(8}, (b)(9), (b)(lO), (b)(ll), or (b){12) of§ 51.20, or (b)(4),

(b)(S), (b)(6), (b){7), (b}(S}, (b)(9), or (b)(lO) of§ 51.21, shall submit to the Director of Nuclear Material Safety and Safeguards an environmental report 1n the nt1nber of copies specified. The applicant shall retain addi-tional copies of the environmental report in the number of copies specified for distribution to Federal, State, and local officials and any affected Indian tribes in accordance with written instructions issued by the. Director of Nuclear Material.Safety and Safeguards. or his designee.

Env 1 ronmen ta 1 Report Number of Copies To Be Submitted With Type of Licensing Action Application Licensing actions requiring 25 copies environmental impact statements pursuant to

§ 51.20(b) of this subpart Licensing actions requiring 15 copies environmental assessments pursuant to§ 51.21(b) of this subpart Number of Copies To Be Retained by Applicant For Subsequent Distribution 125 copies None Env1rormenta1 Reports - Rule Making

§ 51.65 Environmental Report* Rule making.

Petitioners for rule making covered by § 51.2l(b)(l3) shall submit with the petition the number of copies, as specified in § 51.66, of a separate document entitled "Petitioner's Envfronmenta1 Report.

11 which shall contain the information specified in § 51.45 of this subpart.

.. 101..

§ 51.66 Environmental Report.. Number of copies.

Petitioners for rule making covered by§ 51.65 shall submit fffty (50) copies of an environmental report or any supplement to an environmental report.

ENVIRONMENTAL IMPACT STATEMENTS Draft Environmental Impact Statements - General Requirements

§ 51.70 Draft Environmental Impact Statement.. General.

(a) The NRC staff will prepare a draft environmental impact statement as soon as practicable after publication of the notice of intent to prepare an enviromnental impact statement and completion of the scoping process.

(b) The draft environmental impact statement will be concise. clear and analytic. state how a1 terncttfves considered fn 1t and dec1 sf ons based on it w111 or will not achieve the requirements of sections 101 and 102(1) of NEPA and other environmental laws and policies, and be supported by evidence that the necessary environmental analyses have been made.

The fonnat provided 1n Appendix~ of this subpart should be used.

The NRC staff w111 independently evaluate infonnat1on submitted by the applicant or petitioner or others and will be responsible for the reliability of all infonnat1oA used in the draft environmental impact statement.

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§ 51.71 Draft Environmental Impact Statement - Contents.

{a) Scope. The draft environmental impact statement wilt be prepared in accordance with the scope decided upon 1n the scoping process required by

§§ 51.26 and 51.28 of* this *subpart.

As appropriate and to the extent required by the scope, the draft statement will address the topics in paragraphs (b),

(e), (d) and (e) of this section and the matters specified in-§§ 51.45, 51.51. 51.52 and 51.5~ of th1s subpart.

(b) Analysis of major points of view. The draft envirorvnental impact statement will include consideration of major po1nts of view expressed on the environmental impacts of the proposed action and the alternatives, and co~tain an analysis of significant problems and objections raised by other Federal, State, and local agencies, by any affected lndfan tribes, and by other interested persons.

(c) Status of compliance. The draft environmental impact statement will list all Federal penn1ts, licenses, approvals, and other entitlements which must be obtained in implementing the proposed action and will describe the.status of compliance with those requirements. If it 1s uncertain whether a Federal permit, license, approval, or other entitlement is necessary, the draft env1romie.ntal impact statement will so indicate.

... 103 -~

{d) Analysis. The draft environmental impact statement will include a preliminary analysis which considers and balances the envfrorvnental and other effects of the proposed action and the alternatives available for reducing or avoiding adverse environmental and other effects, as well as the environmental, econQ111ic 1 technical and other beneffts of the proposed action.

The analysis will. to the fullest extent practicable. quantify the various factors considered.

To the extent that there are important. qualitative considerations or these factors cannot be quantified, they will be discussed in qualitative terms. The analysis will fndicate what other interests and considerations of Federal polfcy,-includ1ng factors not related to environ-mental quality. are thought to offset any adverse environmental effects of.

the proposed action-identified pursuant to parag_raph (a).* Due consideration wi!l be given to compliance with environmental quality standards and require-ments which have been imposed by Federal, State. regional, and local agencies having responsibf11ty for environmental protection, including applicable zoning and land-use regulations and water pollution limitations or requ1re-men ts promu 1 gated or imposed pu rsu ant to the Federa 1 Water Po 11 u t f on Control Act.

(e) Preliminary rec011111endatfon.

The draft environmental impact state-ment nonnally will include a preliminary recommendation by the NRC staff respecting the proposed action. This preliminary recommendation will be based on the infonnation and analysis described in paragraphs (a) - (d) of thfs section and§§ 51.751 51.76, 51.80 and 51,85, as appropriate, and will

- 104 -

be reached after weighing the costs and benefits of the proposed action and considering reasonable alternatives. In lieu of a preliminary reconmenda-tion. the NRC staff may indicate in the draft statement that two or more altemat1ves remain under consideration.

§ 51.72 Supplement to draft environmental impact statement.

(a) The NRC staff will prepare a supplement to a draft environmental impact statement for which a notice of availability has been published if:

(1) *There are substantf al changes in the proposed action that are relevant to *environmental concerns; or (2) There are significant new circumstances or infonnatfon relevant to envfronmenta 1 concerns and bearing on the proposed action or its impacts.

(b) The NRC staff may prepare a supplement to a draft environmental impact statement when, in their opinion, preparation of a supplement will further the purposes of NEPA.

(c) The supplement to a draft environmental impact statement will be prepared and *noticed fn the same manner as the draft environmental impact statement except that a scoping process need not be used.

... 105 -

§ 51. 73 Request for* comments on draft envf ronmenta1 impact statement, Each draft environmental 1mpact statement and each supplement to a draft environmental impact statement df stributed in accordance with § 51. 74.

and each news release provided pursuant to§ 51.74(d) will be accompanied by or include a request for c011111ents on the proposed action and on the draft envf rormental.impact statement or any supplement to the draft environmental impact statement and wi 11 state where comments shou 1 d be subm1 tted and the date on which the conment period closes. A minimum cormient period of 45 days will be provided. The comment perfod will be calculated from the date on which the Environmental Protection Agency notice announcing the avafla...

bility of the draft statement or the supplement to the draft statement is published in the FEDERAL REGISTER.

If no CClll111ents are provided within the t 1 me spec i fi ed

• it wn 1 be presumed. u n 1 es s the agency or person requests an extension of time, that the agency or person has no comment to make. To the extent practicable, NRC staff will grant reasonable requests for extensions of time of up to fifteen (1~) days.

§ 51.74 Distribution of draft environmental impact statement and supplement to draft environmental impact statement; News releases.

(a) A copy of the draft envf ronmenta 1 f mpact statement wi 11 be distri b*

uted to:

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(1) The Environmental Protection Agency (2) Any other Federal agency which has special expertise or jurfsdfctfon by law wfth respect to any environmental impact involved or which 1s authorized to develop and enforce relevant environmental standards (3) The applicant or petitioner and any other party to the proceeding (4) Appropriate State and local agencies authorized to develop and enforce relevant environmental standards (5) Appropriate State, reg1ona1 and metropolitan clearinghouses (6) Appropr1ate Indian tribes when the proposed action* may-have an enviromental impact on a reservation (7) Upon request, any organization or group included in the 11st of interested organiza-tions and groups maintained under§ 51.122 (8)

Upon request, any other person to the extent available (b} Additional copies will be provided upon request to the extent available.

(c) A supplement to a draft environmental impact statement will be distributed in the same manner as the draft environmental impact statement to which it relates.

(d)

News releases stating the ava11ab11ity for C011111ent and place for obtaining or inspecting a draft environnental statement or supplement will be provided to local newspapers and other appropriate media.

- 107 -

(e) A notice will be publ1shed 1n the FEDERAL REGISTER in accordance with§ 51.117.

Draft Environmental Impact Statements -

Production and Utilization Fac111t1es

§ 51.75 Draft environmental impact statement - Construction pemiit.

A draft environmental impact statement relating to issuance of a con-struction penn1t for a production or utilization facility will be prepared in accordance with the procedures and measures described 1n §§ 51.70, 51.71, 51.72 and 51.73.

§ 51.76 Draft environmental impact statement - Manufacturing license.

A draft environmental impact statement relating to issuance of a license to manufacture a nuclear power reactor will address the environmen-tal matters specified fn Appendix M of Part 50 of this chapter. The draft environmental impact statement will include a request for cooments as pro*

vided in§ 51.73 of this subpart.

§ 51.77 Distribution of draft environmental impact statement.

(a} In addition to the distribution authorized by§ 51.74 of this sub-part, a copy of a draft environmental statement for a licensing action for

... 108 -

a production or utilization facility. except an action authorizing issuance, amendment or renewal of a license to manufacture a nuclear power reactor

~ursuant to 10 CFR Part so. Appendix M will also be distributed to:

(1) The chief executive of the munfcipal1ty or county identified in the draft environmental impact statement as the preferred site for the proposed facility or activity (2) Upon request~ the chief executive of each municipality or county ident1f1ed in the draft environmental i~pact statement as. an 1lterna-*

tive site.

(b) Additional copies will be provided upon request to the extent available.

Draft Environmental Impact Statements -

Materials Licenses

§ 51.80 Draft environmental impact statement - Materials license.

Excep~ as the context may otherw;se require, procedures and measures s1m;1ar to those described fn §§ 51.70, _51.71, 51.72 and 51.73 of.this subpart will be followed in proceedings for the issuance of materials licenses covered by§ 51.20(b)(6)-(12) of this subpart.

.. 109 -

§ 51.81 Distribution of draft environmental impact statement.

Copies of the draft envfrol"dllental impact statement and any supplement to the draft environmental impact statement will be distributed in accordance with the provisions of§ 51.74 -Of this subpart.

Draft Environmental Impact Statements..

Rule Making

§ 51.85 Draft environmental impact statement - Rule making.

Except as the context may otherwise require, procedures and measures similar to those descr1.bed in§§ 51.70. 51.71, 51.72 and 51.73 of this subpart will be followed in proceedings for rulemaking for which the Commission has detennined to prepare an environmental impa.ct statement.

§ 51.86 Distribution of draft environmental impact statement.

Copies of the d.raft envir'oM1ental impact statement and any supplement to the draft env;ronmental impact statement _will be distributed in accordance with the provisions of§ 51.74 of this subpart.

- 110 -

Final Environmental Impact Statements - General Requirements

§ 51.90 Final environmental impact statement* General.

After receipt and consideration of c011111ents requested by§§ 51,73 and 51,117, the NRC staff will _prepare a final environmental impact statement in accordance with the requirements in §§ _51, 70(b) and 51, 71 for a draft environ-mental 1mpact statement. The fonnat provided fn Appendix A of this subpart should be used,

§ 51.91 Final enviromnental impact statement - Contents.

~ (a)(l) The final environmental impact statement will include responses to any c01J111ents on the draft environmental impact statement or on any supple-ment to the draft enviromiental impact statement, Responses to comments may include:

(i) Modification of alternatives, including the proposed action; (ii) Development and evaluation of alternatives.not previously given serious consideration; (iii) Supplementat1on or modification of analyses;

- 111 -

(1v) Factual correc~ions; (v) Explanation of why comments do not warrant further response.

c1t1ng sources, authorities or reasons whfch support th1s conclusion.

(2) All substantive convnents received on the draft environmental impact statement or any supplement to the draft environmental impact state-ment {or surrrnar1es thereof where the response has been exceptionally volu-minous) will be attached to the final statement, whether or not each comment is discussed individually 1n the text of the statement.

(3) If changes in the draft enviromenta1 impact statement 1n response to;_co11111ents are minor* and are confined either to factual corrections or to explanations of why the caM1ents do not ~arrant further response, the changes may be made by attaching errata sheets to the draft statement. The entire document with a new-cover may then be issued as the final environmental impact statement.

(b) The final env1rorvnenta1 fmp&ct statement will discuss any respon-sible opposing.view not adequately discussed in the draft env1romnenta1 impact statement or in any supplement to the draft environmenta1 *impact statement, and respond to the issues raised.

- 112 *

(c) Jhe final environmental impact statement will state how the alterna-tives considered in ft and decisions* based on it will or will not achieve the requirements of sections 101 and 101(2) of NEPA and of any other relevant envirormental laws, (d) The final environmental impact statement will include a final analysis and a f1na1 recommendation as to the action called for.

§ 51,92 Supplement to f1na1 environmental impact statement, (a) The NRC staff may prepare a supplement to a final environmental impact statement when, in their opinion, preparation of a supplement wf 11 further the purposes of NEPA.

(b) A supplement to a final environmental impact statement will be prepared and noticed in the same manner as the final env1rorvnental impact statement except that a scoping process need not be used.

(c} A supplement to a final enviromental impact statement will be accompanied by or will include a request for comments as provided in§ 51.73 of thfs subpart ff the conditions described in § 51. 72(a) (1) or (2) of this subpart apply.

- 113 -

§ 51.93 Distribution of final environmental impact statement and supple-ment to final environmental impact statement; News releases.

(a) A copy of the final envf ronmental impact statement will be dis-trib*

uted to:

(1) The Environmental Protection Agency (2) The applicant or petitioner and any other party to the proceeding (3) Appropriate State, regional and metropolitan clearinghouses

{4} Each commenter (5) Upon request, any other person to the extent available

{b) Additional copies will be provided upon request to the extent available.

(c) If the final environmental impact statement is unusually long or there are so many comnents on a draft environmental impact statement or any supplement to a draft environmental impact statement that distribution of the entire final statement to all c011111enters is impracticable. a summary of the final statement and the substantive comments wf11 be distributed. When the final environmental impact statement has been prepared by adding errata sheets to the draft environmental impact statement as provided fn § 51.91(a)(3)

- 114...

of thi's subpart, only the c011111ents, the responses to the COlllllents and the changes to the envfroninental impact statement will be distributed.

(d) A supplement to a final env1ronmenta1 impact statement will be distributed in.the same manner as the final environmental impact statement to which 1t relates.

(e) News releases stating the availability and place for obtaining or inspecting a-final.environmental impact statement 9r supplement will be provided to local newspapers and other appropriate media.

(f) A notice *wi11 be published 1n the FEDERAL REGISTER in accordance with§ 51.118 of this subpart.

§ 51.94 Requi_rement to ~onsider final environmental impact statement.

(a) The final environmental impact statement, together with. any com-ments and any supplement, will accompany the application or petition through, and be considered in, the Corrm1ssion's dec1s1onmak1ng process.

(b) The final environmental impact statement, together with any com-ments and any supplement, w111 be made a part of the record of any rule-making or adjudicatory _proceed1ng.

... 115

• Final Environmental Impact Statements...

Production and Ut11fzatfon Facf11ties

§ 51.95 Supplement to f1na1 environmental impact statement - Operating license.

In connection with the issuance of an operating lfcense for a produc-tion or utilization facility, the NRC staff will prepare a supplement to the final environmental impact statement on the construction pennft _for that facility. The supplement will include a request for cormients as provided fn

§ 51.73 of this subp~rt. The supplement will cover only matters which differ from or which reflect significant new infonnatfon in addition to those ma~ters discussed in th, final environmental impact statement. Unless otherwhe detem1ned by the Conmiss1on, a supplement on the operation of a nuclear power reactor will only be prepared 1n connection with the first licensing action authorizing full power operation.

Final Environmental Impact Statements -

Materials Licenses

§ 51.97

[Reserved.]

- 116..

Final Environmental Impact Statements -

Rule Making

§ 51.99

[Rese~ed.]

NEPA PROCEDURE AND ADMINISTRATIVE ACTION General

§ 51.100 Tfm1ng of Connission action.*

(a)(l} Except as provided fn paragraph {b) of this section, no decision on a proposed action, including the fssuance of a pennit, license. or o'ther fonn of pennission, or amendment to or renewal of a pennft. license~ or other form of pennissfon, or the issuance of an effective regulation, for whfch an environmental impact statemen~ is required, will be made and no record of decision w111 be issued unt11 the later of the following dates:

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(1) Ninety (90) days after publication by the Environmental Protec-tion Agency of a FEDERAL REGISTER notice of f111ng of the draft env*1ron-menta1 impact statement.

(fi) Thirty (30) days after publfcatfon by the Environmental Protec*

tion Agency of a FEDERAL REGISTER notice of filing of the final environ-mental impact statement.

(2) If a notice of ffling of a final Environmental Impact Statement is published by the Environmental Protection Agency within ninety (90}

days after a notice of filing of a draft environmental statement has been published by EPA, the minimum thirty (30) day period and the minfm1111 ninety (9Q} day period may run concurrently to the extent they overlap.

(b)

In any ru1emak1ng proceed1ng for the purpose of protecting the public health or safety or the c00111on defense and security, the Commission may make and publish the decision on the. final rule at the same time that the Environmental Protection Agency publishes the FEDERAL REGISTER notice of filing of the final envirorwnental f mpact statement.

§ 51.101 Limftatfons on actions.

(a) Unti-1 a record of decision is issued in connection with a proposed 11cens1ng or regulatory action for which an environmental impact statement

- 118...

is required as provided in§ 51.20, or until a final finding of no signifi-cant impact is issued in connection wfth a proposed licensing or regulatory act1on *for which an environmental assessment is required as provided fn

§ 51.21:

(1)

No action concerning the proposal may be taken by the Cormnission which would (1) have an adverse environmental impact. or (11) limit the cho1 ce of reasonable alternatives.

(2) Any act1on concerning the proposal taken by an applicant or petitioner which would (i) have an adverse environmental impact. or (ii) limit the choice of reasonable alternatives may be grounds for denial of th~ license or petition. In the case of an application covered by§§ 30.32(f).

40.3l(f), 50.lO(c), or 70.2l(f) of this chap~er. the provisions of para-graph (a}(2) of this sect;on wi11 be implemented as provided in§§ 30.33(a)(5),

40.32(e}, 50.lO(c) or 70.23(a)(7) of this chapter, as appropriate.

{b) While work on a required program environmental impact statement 1s 1n progress. the Col'IITl1ssion w111 not undertake 1n the interim any major Federal action covered by the program which may significantly affect the quality of the human environment unless such action:

(1) Is justified independently of the program;

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(2) Is Hself accompan1e'd by an adequate environmental impact statement; and (3) Will not prejudice the ultimate decision on the program. Absent any satisfactory explanation to the contrary1 -interim action which tends to detem1ne subsequent deve1opnent or limit reasonable alternatives, will be consfdered prejudicial.

(c) This section does not preclude any applicant for an NRC pennit1.

license, or other fom of penn1ssion, or amendment to or renewal of an NRC pemi~. license. or other fom of pennhsion, {l) from developing any plans or designs necessary to support an appl1cat1oni or (2) after prior notice an~ consultation with NRC staff t (f) from perfonn1ng any physical work necessary to support an application, or (ii} from perfonn1ng any *other physical work relating to the proposed action 1f the adverse environmental impact of that work is de minimis.

§ 51.102 Requirement to provide a record of decision; preparation.

(a.) A C0m11ss1on decision on any action for which a final envirom1ental impact statement has been prepared shall be accompanied by or include a concfse public record of decfsfon.

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• (b) Except as provided in paragraph (c) of this section, the record of decision will be prepared by the NRC staff director authorized to take the action. or hfs des1gnee.

(c) If the action 1s subject to a hearing under the regulations in Subpart G of Part 2 of this chapter or if the action can only be taken by the Conwniss1oners acting as a collegial body, the appropriate NRC staff director or his designee will prepare a proposed record of decision, which may be subject to modification as a *result of Cornnission review*and decision as a pprop ri ate to the nature and scope of the proceed i ng.

In such cases,

the presiding officer, the Atomic Safety and Licensing Appeal Board~ or the Comnissioners acting as a collegial body, as appropriate, will issue the record of decision.

§ Sl.lOl Record of decision - General.

{a) The record of decisfon required by§ 51.102 of this subpart shall be c1early identified and shall:

(1) State the decision.

(2) Identify all alternatives considered by the Conmission in reaching the decision. sta"te that these alternatives were included 1n the range of alternatives discussed in the environmental impact statement,

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and specify the alternative or alternatives which were considered to be environmentally preferable.

(3) Discuss preferences among alternatives based on relevant factors, including economic and technical considerations. the Comission's statutory mission. and any essential considerations of national policy. which were balanced by the Commfss1on in making the decision and state how these considerations entered into the decision.

(4} State whether the Commission has taken all practicable measures within its jurisdiction to avoid or minimize environmental hami from the alternative selected9 and if not9 to explain why those measures were not adopted. Surm,arize any license conditions and monitoring program adopted in connection with mitigation measures.

(b) The record of decision may*be integrated into any other record prepared by the Commission in connection with the act1on.

The record of decision may incorporate by reference material contained in a final environ-mental impact statement.

§ 51.104 NRC proceedings using public hearings; Cons;deration of environmental impact statementsi Record of decis;on.

(a)

In any proceeding in which a draft environmental impact statement 1s prepared pursuant to this subpart, th_e draft environmental impact statement

... 122...

will be made available to the public at least fifteen (15) days before any relevant hearing. At the hearing. the position of the NRC staff on matters covered by this subpart w111 not be pr_esented until the final environmental impact statement is furnished to the Environmental Protection Agency and corrmenting agencies and _made available to the publ ic. Any other party to the proceeding may present its case on NEPA matters as well as on radiological health and safety matters before the end of the fifteen (15) day period.

{b}(l) The NRC staff will offer the final environmental impact state-ment in evidence 1n a proceeding in which

{f) a *hearing is held on the issuance of a pennit or license, or amend-ment to or renewal of a pennit or license; (ii) a final environmental impact statement has been prepared in con...

nect1on with the proposed actf on; and (i1f) m~tters covered by this subpart are 1n issue.

(2) Any party to the proceeding may take a position and offer evidence on the aspects of the pr.oposed act1 on covered by NEPA and th1 s subpart in accordance w1th the provisions of Subpart G of Part 2 of this chapter.

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(3) In the proceeding the presiding officer will decide those matters in controversy among the parties within the scope of NEPA and this subpart.

(4) rn the proceeding, the 1nftia1 decision of the presiding officer or the final decision of the Cormi1ssfoners actfng as a coltegfal body or the Atomic Safety and Licensing Appea1 Board will incorporate the record of dec1sfon required by§§ 51.102 and 51.103 of this subpart and may include findings and conclusions which affinn or modify the content of the proposed record of decision prepared by the appropriate NRC staff director or his designee as provided in§ 51.102(c) of this subpart. Toe initial or final decision incorporating the record of decision will be distributed as provided fn § 51.93.

(c)

In any proceeding in which a hearing fs held for the issuance of a pennit or license, or amendment to or renewal of a pennit or license, where the NRC staff has detenn1ned that no environmental impact statement need be prepared for the proposed action, any party to the proceeding may take a position and offer evidence on the aspects of the proposed action covered by NEPA and the regulations in this subpart 1n accordance wfth the provisions of Subpart G of Part 2 of this chapter. In the proceeding, the presiding officer will decide any such matters in controversy among the parties.

- 124 -

Production and Utflfzat1on Facflftfes

§ 51.105 Public hearings fn proceedings for 1ssuance of construction per~

mits or licenses to manufacture.

{a) In addition to comp1y1n~ with applicable requirements of§ 51.104 of this subpart, in a proceeding for the issuance of a construction pennit for a nuclear power reactor, testing facility. fuel reprocessing plant or 1sotop1c enrichment plant, or for the issuance of a license to manufacture, the presiding officer will:

{l) Detennine whether the requirements of section 102(2) (A), (C), and (E). of NEPA and the regulations 1n this subpart have been met; (2) Independently consider the final balance among conflicting factors contained in the record of the proceeding with a view to detennining the appropriate action to be taken; (3) Detenn1ne, after weighing the environmen_tal. economic. technical, and other benefits against environmental and other costs. and considering reasonable a1ternatives, whether the construction permit or license to manufacture should be issued, denied, or appropriately conditioned to pro-tect environmental yalues;

... 125 -

(4) Deternine, in an uncontested proceeding, whether the NEPA review conducted by the NRC staff has been adequate; and (5) Deternine, in a contested proceeding. whether in accordance with the regulations 1n th1s subpart, the construction pennit or license to manufacture should be issued as proposed.

Materials Licenses

§ 51.108 [Reserved]

Rule Making

§ 51.110 [Reserved]

PUBLIC NOTICE OF AND ACCESS TO ENVIRONMENTAL DOCUMENTS

§ 51.116 Notice of Intent.

(a) In accordance with§ 51.26, the appropriate NRC staff director or his des1gnee will cause to be published in the FEDERAL REGISTER a notice of intent stating that an environmental impact statement w111 be prepared. The notice will contain the 1nfonnat1on specified in § 51.27 of this su-bpart.

- 126 -

(b) Copies of the notice will be sent to appropriate Federal. State, and local agencies, and Indian tribes, appropriate State, regional, and metropolitan clearinghouses and to interested persons upon request. A public announcement of the notice of intent will' also be made.

§ 51.117 Draft Environmental Impact Statement - Notice of Avaflab111ty.

(a) Upon completion of a draft*envirorrnental impact statement or any supplemen~ to_ a draft environmental impact statement, the appropriate NRC staff director or his designee wt11 cause to be published in the FEDERAL REGISTER a notice of availab11ity of the statement.

.. {b) The notice wi11 request cMlfflents on the proposed action and on the draft statement or any supplement to the draft statement and will specify where cornnents should be sul:mitted and when the comment period expires.

(c) The notice trill (1) state that copies of the draft statement or any supplement to the draft statement are available for public inspection; (2) list the locat1on or locations where inspection may be made, and (3) state that any comments of Federal, State1 and local agencies, Indian tribes or other interested persons will be made available for public inspection when received.

• 127 -

(d) Copies of the notice w111 be sent to appropriate Federal, State, and local agencies, and Indian tribes, appropriate State, regfona1, and metropolitan clearinghouses. and to interested persons upon request.

§ 51.118 Final Environmental Impact Statement* Notice of Availability Upon completion of a final environmental impact statement or any supple-ment to a final environmental impact statement, the appropri'ate NRC staff director or his designee w111 cause to be published in the FEDERAL REGISTER a notice of availability of the statement. The notice will state that copies of the final statement or any supplement to the final statement are available for public inspection and list the location or locations where in~pection may be made.

Copies of the notice will be sent to appropriate Federal, State, and local agencies. and Indian tribest appropriate State.

regional, and metropolitan clearinghouses and to interested persons upon request.

§ 51.119 Publication of Finding of No Significant Impact.

(a) The 4ppropriate NRC staff director or his designee will cause the finding of no sfgniffcant impact required by§ 51.35 to be published in the FEDERAL REGISTER.

The finding of no significant impact will be identified as a draft or final finding, and will contain the infonnatfon specified in

§§ 51.32 or 51.33, as appropriate. A draft finding of no signfffcant fmpact

- 128 -

will include a request for comments which specifies where c011111ents should be submitted and when the comment period expires.

{b) The finding will include a statement that copies of the finding, the environmental assessment setting forth the basis for the finding and any related environmental documents are available for public inspection and w111 list the location or locations where 1nspect1on may*be made.

(c) Copies of the *find1ng will be sent to appropriate Federal, State, and local agencies, and Indian tribes, appropriate State, regional. and metropolitan clearinghouses and to interested persons upon request.

§ ~1.120 Availability of environmental documents for public inspection.

Copies of envirorvnental reports, draft and final environmental impact statements. environmental assessments, and findings of no significant impact, together with any related c011111ents and environmental documents, will be_

placed in the Conmission's Public Document Roan at 1717 H Street, N. w.,

Washington, D. c ** and in any public document room established by the Com-mission in the vicinity of the site of the proposed facility or licensed activity wnere a f11e of documents pertaining to such proposed facility or activity is mafntafned.

- 129 -

§ 51.121 Status of NEPA acti.ons.

Individuals or organizations desiring 1nf~nnation on the Conrnission's NEPA process or on the status of specific NEPA actions should address 1nquir1es to:

Utilization facilities: Director. Office of Nuclear Reactor Regulation.

U.S. Nuclear Regulatory Commission. Washington, D.C. 20555. Telephone:

(301) 492-7691.

Production facilities: Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Convnissfon, Washington, o.c. 20555.

Telephone: (301) 427-4063.

Materials licenses: Director, Office of Nuclear Material Safety and safeguards, U.S. Nuclear Regulatory C011'111issfon, Washington, D.C, 20555.

Telephone: (301) 4'274063.

Rule making:

Executive Director for Operations, U.S. Nuclear Regulatory Cormission, Washingto~. D.C. 20555. Telephone:

(301} 492*7511.

§ 51.122 List of interested organizations and groups.

The appropriate NRC staff director or his desfgnee wf 11 maintain a 11st of organizat1ons and groups. including relevant conservation commf ssfons,

- 130 -

known to be interested in the Corrmission 1s licensing and regulatory activi-ties and will promptly notify such organizations and groups of the availa-bility of a draft environmental impact statement or a draft finding of no significant impact.

§ 51.123 Cost of materials d1str1buted to public.

Copies of draft.and final environmental impact statements, findings of no si gn1fi cant impact and* envi ronrnental assessments wi 11 be made available to the pub1 ic upon l"equest without charge to the extent practicable notwith-standing the provisions of Part 9 of this chapter, or at a fee not exceeding the actual reproduction cost.

- 131 -

APPENDIX A Fomat for Presentation of Material in Environmental Impact Statements

1.

General.

(a) The Comn1ss1on will use a fonuat for environmental 1mpact statements which w111 encourage good analysis and clear presentation of the alternatives including the proposed action. The following standard fonnat for environmental impact statements should be followed unless there is a compelling reason to do otherwise:

(l) Cover sheet*

(2) Sulffllar.Y"'

(3) Table of Contents (4) Purpose of and Need for Action*

(5) A1ternatives including the proposed action*

(6) Affected Environment*

(7) Environmental Consequences and Mftigat1ng Actions*

(8) L1st of Preparers*

{9) List of Agencies. Organizations and Persons to Whom Copies of the Statement are Sent (10) Index (11) Appendices (if any)*

- 132 -

If a different fonnat* is used, it shall include paragraphs (1), (2),

(3}, (8), (9), and {10), of this section and shall include the substance of paragraphs {4), (5), (6), {i)~ and (11) of this section, in any appropr1ate fonnat.

Additional guidance on the presentation of material u.nder the fonnat headings identified by an asterisk is set out in sections 2.-9 of this appendix.

(b) The techniques of tiering and incorporation by reference described respectively 1n 40 CFR §§ 1502.20 and 1508.28 and 40 CFR § 1so2.21ll of CEQ's NEPA regulations may be used as appropriate to aid in the presentation of._issues, eliminate repetition or reduce the sfze of an enviroMtenta1 impact statement. In appropriate circumst~nces, draft or final environmental impact statements prepared by other Federal agencies may be adopted in whole or in part in accordance wfth the procedures outlined fn 40 CFR §* 1506, #/

of CEQ's NEPA regulat1ons.

In final environmental impact statements, material under th~ following fonnat headings will nonnally be presented in less than 150 pages:

Purpose of and Need for Action, Alternatives Including the y

y Tiering 40 CFR § 1502.20 (For text seep. 139.)

40 CFR § 1508.28 (For text seep. 139.}

Incor~oration bl reference 40 CF

§ 15tr2.t' (For text seep. 140.)

Adott1on 40.:FR § 1506.3 (For text seep. 140.)

.. 133 -

Proposed Action, Affected Environment, and Environmental Consequences and Mitigating Actions.

For proposals of unusual scope or complex;ty, the material presented under these fomat headings may extend to 300 pages.

2.

Cover sheet.

The cover sheet w111 not exceed one page. It will include:

(a) The name of the NRC office responsible for preparing the statement and a list of any cooperating agencies.

(b) The title of the proposed action that is the subject of the state-me~t with a list of the states, counties or municipalities where the action 1s located, as appropriate.

(c) The name, address, and telephone number of the individual in NRC who can supply further fnformatf on.

(d)

A designation of the statement as a draft or final statement, or a draft or final supplement.

(e) A one paragraph abstract of the statement.

(f) For draft environmental impact statements. the date by wh1ch c0111T1ents must be received.

... 134 -

3.

Su11111a ry.

Each environmental impact statement will contain a sulTltlary which adequately and accurately Sunl'flarhes the statement. The *su1m1ary will stress the major issues considered. The st1111Dary will discuss the areas of controversy, will identify any remaining issues to be resolved, and will present the major conclusions and recommendations. The sumnary will nonnally not exceed 15 pages.

4.

Purpose of and need for action.

The statement will briefly describe and specify the purpose of and need for. the proposed action. The alternative of no action will be discussed.

In the case of nuclear power plants, consfderatfon w111 be given to the potential 1mpact of conservation measures in detenn'1ning the denand and con-sequent need for additional generating capacity.

s.

Alter-natives inc1udi ng the proposed action.

This section is the heart of the environmental impact statement. It will present the environmental impacts of the proposal and the a1ternatfves in comparative fonn.

A11 reasonable alternatives w111 be identified. The range of alternatives discussed will encompass those proposed to be con-sidered by the ultimate decis1onmaker.

An otherwise reasonable alternative

- 135 -

will not be excluded from discussion solely on the ground that it fs not wfthfn the jurisdiction of the CCIIIDfssfon.11 The discussion of alternatives will take fnto account. without duplicating, the environmental 1nfonnation and analyses included in sections 4., 6. and 7. of this Appendix. Alterna-tives eliminated from detailed study will be identified and a discussion of those alternatives will be confined to a brief statement *of the reasons why the alternatives were el1mfnated~ The level of fnfonnation for each a 1 tern a ti ve considered 1 n deta 11 wi 11 reflect the depth of ana lys 1 s ~qu 1 red for sound decfsionmaking. Where important to the comparative evaluatfon of alternatives, appropriate mitigating measures for the alternatives will be discussed.

In the draft environmental impact statement. thfs section will either include a preliminary reconnendation as to the-action cal led for, or identify the alternatives under consideration.

In the final environmental impact statement, this section will include a final recoomendatfon as to the action called for.

Wfth respect to limitations on NRC 1s NEPA authority and responsibility imposed by the Federal Water Pollution Control Act Amendments of 1972, see documents 1dentffied in§ 51.l0(c) of Subpart A of this part.

- 136 *

6.

Affected environment.

The environmental impact statement wf11 succinctl_y describe the environment to be affected by the proposed action. Data and analyses ;n the statement wil 1 be commensurate wi th the 1 mpo rta nc e of the impact, wf th less important material swmnarized, consolidated, or simply referenced.

Effort and attention w11 l be concentrated on important issues; useless bulk will be eliminated.

7.

Environmental consequences and mitigatin*g actions.

This section discusses the environmental consequences of the proposed action and any mitigating action which may be taken. The discussion wi11 include any adverse env1rorvnental effects which cannot be avoided should the proposal be implemented, the relationship between short-tenn uses of man's enviroment and the maintenance and enhancement of 1ong-tenn produc-tivity, and any i*rreversible or irretrievable commitments of resources which would be involved in the proposal should it be implemented. This section will include discussions of:

(a) Dfrect effects and their significance.

(b}

Indirect effects and their s1gn1f1cance.

- 131 -

(c) Possible conflicts between the proposed action and the objectives of Federal, regional, State, and.local (and fn the case of a reservation, Indian tribe) land use plans, policies and controls for the area concerned.

(d)

Means to mitigate adverse environmental impacts.

8.

List of preparers.

The environmental impact statement will list the names and qualifica-tions {expertise, experience, professional disciplines), of the persons who were primarily responsible for preparing the environmental impact state-ment or significant background papers. Persons responsible for making an ind,ependent evaluation of infonnation submitted by the applicant or peti-tioner or others will be included in the list. Where possible, the persons who are responsible for a particular analysis, including analyses in back-ground papers, will be identified.

9.

Appendices.

An appendix to an environmental impact statement will:

(a) Consist of material prepared fn connection wf th an environmen.tal impact statement (as distinct from material which fs not so prepared and whfch is incorporated by reference(§ 1502.21)).

.. 138 -

(b)

Nonnally consist of material which substantiates any analysis fundamental to the impact statement. Discussion of methodology used may be placed in an a~pendix.

(c) Nonna11y be analytic.

(d)

Be relevant to the decision to be made.

(e)

Be circulated with the environmental impact statement or be readily available on request.

.. 139 -

Footnotes 1J Tiering.

40 CFR § 1502.20 states:

"Agencies are encouraged to tier their environmental impact statements to eliminate repetitive discussions of the same issues and to focus on the actual issues ripe for decision at each level of environnental review(§ 1508.28). Whenever a broad enviromental impact statement has been-prepared {such as a program or policy statement) and a subsequent statement or environmental assessment is then prepared on an action included within the entire program or policy (such as a site specific action) the subsequent statement o env1romienta1 assessment need only summarize the issues discussed in the broader statement and incorporate discussions from the broader statement by reference and shall concentrate on the issues specific to the subsequent action. The subsequent document shall state where he earlier document is ava11ab1e. Tiering may also be appropriate for different stages of actions. (Sec. 1508.2B).

11 40 CFR § 1508.28 states:

11'Tiering' refers to the coverage of general matters in broader enviromnental impact statements (such as national program or policy statements) with subsequent narrower statements or environmental analyses (such as regional or basinwide program statements or ulti-mately site-specific statements) incorporating by reference the general discussions and concentrating solely on the issues specific to the statement subsequently prepared. Tiering fs appropriate when the sequence of statements or analyses is:

11 (a) From a program, pl an, or policy environmental impact statement to a program, plan, or policy statement or analysis of lesser scope or to a site-specific statement or analysis.

11(b)

Fran an environmental impact statement on a specific action at an early stage (such as need and site selection) to a supplement (which fs preferred) or a subsequent statement or analy-1s at a later stage (such as environmental mitigation). Tiering in

• such cases is appropriate when it he1ps the lead agency to focus on the issues which are ripe for decfs1on and exclude from consideration issues al ready decided or not yet ripe."

Incorporation by reference.

40 CFR § 1502.21 states:

- 140 -

"Agencies shall incorporate material into an environmental impact stat_ement by reference when the effect will be to cut down on bulk without impeding agency and public review of the action. The incor-porated material shall be cited fn the statement and its content briefly described.

No material may be incorporated by reference unless it is reasonably ava1_lab1e for inspection by potentially interested persons within the time allowed for comment. Material based on proprietary data which is itself not available for review and conrnent shall not be incorporated by reference.*

y Adoption.

40 CFR § 1506,3 states:

"(a) An agency may adopt a Federal draft or final environ-mental impact statement or portion thereof provided that the state-ment or portion thereof meets the standards for an adequate state~

ment under these regu1atfons.

"(b) If the act1 ons covered by the origi na1 env1 ronmental

~ impact statement -and the proposed ~ction are substantially the same, the agency adopting another agency's statement is not required to recirculate it except as a final statement. Otherwise the adopting agency sha11 treat the statement as a draft and recirculate it (except as proyided in paragraph {c) of this section).

• (c} A cooperating agency may adopt without recfrculat1ng the envi rorrnental impact statement of a lead agency when. after an inde-pendent review of the statement. the cooperating agency concludes that its comments and suggestions have been satisfied.

11 (d)

When an agency adopts a statement which is not f1 nal within the agency that prepared ft, or*when the action it assesses is the subject of a referral under part 1504, or when the statement's adequacy is the subject of a judicial action which _is not final, the agency shal 1 so specify. 11

- 141..

CONFORMING AMENDMENTS PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS 10 CFR Part 2 is amended as follows:

2.

In§ 2.101(a}(3), the phrase "pursuant to Part 51 of this chapter, a part thereof" is changed to read "pursuant to subpart A of Part 51 of this chapter*.

3.

In§ 2.101(a)(3)(i), the phrase "in Parts 50 and 51 11 is changed to read 111 n Part 50 and subpart A of Part 51 11

4.

In§ 2.101(a)(5), 11§ 51.5(a} 11 is replaced by 11§ 51.20(b) 11 in both places it appears.

5. In§ 2.l0l(a-1), u§ 51.S(a)" 1s replaced by"§ 51.20(b)".

6.

In §§ 2.104(b){l)(v) 1 2.104(b)(3) and 2.104{C)(7), insert 11subpart A of*

imnediately before 11Part 51" wherever it appears.

7.

In § 2.SOl(b}, insert 11subpart A of " immediately before "Part 51 11 wherever it appears.

- 142 *

8.

In§ 2.600.

11§ 51.S(a)* is replaced by 11§ 51.20(b) 11

9.

In§ 2.603(b)(l), "§ 5l.5{a)" is replaced by 11§51.20(b) 11 *

10.

In § 2.605(b)(l), insert "subpart A of" i1mtediately before "Part 51 11*

11.

In § 2. 606( a), insert "subpart A of" inmediately before "Part 51 ".

12. In§ 2.743(g), the phrase "Detailed Statement on environmental cons1derat1ons 11 is replaced by "environmental impact statement1',

and the phrase "subpart A of" fs inserted before "Part 51 11*

13~. In§ 2.761a, 11§ 51.5(a)i' is replaced by 11§ 51.20(b)*, and the phrase "subpart A of" is inserted before "Part 5!1' wherever 1 t appears.

14.

In § I(a) and (d) of Appendix A to.Part 2. the phrase "detailed statement on environmental considerations" is replaced by "envfron-mental impact statenent11 *

15.

In § I (c) (2) of Appendix A to Part 2, insert "subpart A of" immediately before "Part 51 11* *

16. In § V(d}(2) of Appendix A to Part 2, the phrase 11final detailed envirorvnental statement" 1s replaced by 11final environmental impact s ta temen t 11 *

- 143 -

17.

In§ V(f)(l) and (3) of Appendix A to Part 2. insert "subpart A of" f11111ed1ately before "Part 51 11 wherever it appears.

18..

In § VI(c)(3) of Appendix A to Part 2, insert "subpart A of" i11111ediately before "Part 51 11 wherever ft appears.

19. In§ VII(b)(7) of Appendix A to Part 2. insert ~subpart A of" imme-diately before 11Part 51 11 PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 10.. CFR Pa rt 30 is amended as fo 11 ows:

20.

In§ 30.32(f). insert 11subpartA of 11 1111Tlediate1y before 1'Part 51".

21.

In § 30.33(a) (5) 1 1nsert "sub.part A of" 111111ed1ately before 11Part 51".

PART 40

• 01J,1ESTIC LICENSING OF SOURCE MATERIAL 10 CFR Part 40 fs amended as follows:

22. In§ 40.31(f) and§ 40.32(e). insert "subpart A 0f 11 irmiedfate1y before "Part 51 11 *

- 144 -

PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 10 CFR Part 50 is amended as follows:

23. In§ 50.lO(c), *s1.s{a) 11 1s replaced by 11§ 51.20(b) 11 *

24. In§ 50.l0(e)(l}, 11§ Sl.5(a}

11 1s replaced by 1151.20(b)" and the phrase "subpart A of" is inserted before "Part 51".

25.

In § 50.10(e)(2}, 11§ 51.52(b) and (c)" is replaced by "§§ 51.104(b) and § 51.105".

26. In§ 50.10(e)(3)(1),

11§ 51.S(a)" is replaced by 11§ 51.20(b)".

27.

In § 50.30(f). insert "subpart A of* immediately before "Part 51".

28.

§ 50.40(d) is -revised to read:

"(d} Any *applf cable requirements of subpart A of Part 51 have been satisfied*.

29.

In§§ 3., 5.(g} and 11. of Appendix M to Part 50, insert "subpart A of" 1rrmediately before 11Part 51 11

- 145 -

30.

In § 2 of Appendix N to Part so, "§ 51.20 11 1s replaced by 11§ 51.50".

31. In § 3 of Appendix N to Part 50, "§ 51.21" 1s replaced by 11§ 51.53 11 **

32.

In § 7 of Appendix O to Part 50, "§ 51.5 11 is replaced by"§ 51.20(b)

(14) 11 *

33.

In the introductory paragraph and in§ s. of Appendix Q to Part 50, 11§ 51.5(a) 11 is replaced by 11§ 51.20(b) 11

34. In§ 7 of Appendix Q to Part 50. insert 11 subpart A of 11 immediately before "Part 51 11 wherever it appears.

PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 10 CFR Part 70 is amended as follows:

35. In§ 70.21(f), insert "subpart A of" immediately before "Part 51 11 *

36.

In § 70.23(a){7), insert "subpart A 0f 11 immediately before "Part 51 11 Dated at Washington, D.C. th1s day of 1979.

For the U.S. Nuclear Regulatory Commission.

Samuel J. Chilk Secretary of the Commission

ENCLOSURE -s*

• Federal Re~ister / Vol. 44. No. 142 / Monday, July 23. 1979 / Notices 43037 ine 1'ra~~~U Thmnal Lens Effect: nlcd Janu.,,,. 31, 1971.

p11rnt 1ppliealion fl.OOS,Z1Z: Method of Mllit"li"I Ti11nivm lmputjties Effect In P-Typt Sili1:0n M1l*ri11l for Sular CeUa; med Jan1111ry i1, t979.

Patent,1rplication 969,751; A Method and Tech.,lque for Jns111llinc Light-Weildit Fragi it, Hi11h-Tt11nperat11te Fiber lnsulatioa:

med '8ctmb*r U, 1978.

• Patent *1,131697: Solar Alttly Strip and*

Meth*Jd ror Fonnin1 Ule Same: flied Jwi1 lt.

tt'/7: pat*nted Fu.utr, II, 1979: DOt uailllble !\\'TIS.

PltCflt,133.941: Fonnulated Plastlc:

• Sepa,a1ors for Soluble Eleclroda CeJla; filed Mucl, 10, 19'17; patented January t, 11179; not *"*llablv NTIS.

Patent 4.11U47: Thennal Compensator far COie ~-Cyde Hellwn Refrisicrator: filed Sept* 11ber 30, 1011: patented Janu&r7 lit, 19'7t; 11ot available !I.TIS.

Patml 4,134.744: Fine Pa.tticulate Cap~

Dnlcr. filed Novem.bera. 1978: pateftted

. Jan111 ')' 1e. 1979: no! 1 vai111ble !'.'TIS.

Patent t.t34.7a&; Ptace,J for Puriftcation of Waett) Water Produ~ed by a Kraft.PnlceA Pulp and Pa per Mill: filed December ts.

tl7tl: 11,tmted January 18. 1~ not anllble flo'TIS.

IJ.S. D9s-utme11t of dMi lnlftiot, Branch of Patull. 181h and C Struts,N.W,.

• W11Jtington. O.C. :0140.

Paleat application 950.791: Backwaslriaa Rever1e-Osmosls and Ultrafiltration Memb *ana: filed Octobe~ U. 1978.

Jlatent a11plication 950.,"'II~ Method of and Ap,-r,11111 for Oetectin1 Es~pin, !.aach Solulica: filed Oc1ober 1Z. 197f.

Pa1ent c.,r.-t.59:?: Method of and Apparatu1

• for Feecllns and lnseMinl 8olt1 10 a Mine Root; f: led March 4. 1971: patenltd M.tcll Zl, 1r,'l):'nol availehle NTIS.

Pate.nt 4,lr.'9,809: Muffler for Pneumatic Drill:

filed July 13, 1917: petentad March zt, u;a

'not *nllable NTIS.

Patent 4.Ca5,0,1': R1covery of Copper and

. NicbJ :tam AJloys: filed September&, 1m:

pctentecl April 18. 1978; not available NTIS.

Pltmt 4.133.961: Two-S11111e Electric Arc-E1ectrr>11laa Procest and Appa.nuua for Conlln~oua Steelrnums: filed June U.

. 1977: *Pf tented J anullt)' 9. 1179: not available NTIS.

C,.D.c.,....,_"'-',...._......

~=**1......

COUNCIi. ON ENVIRONMENTAL QUALITY Second J1togress Report on Agency lmpleme11t1ng Procedures Under the National Environmental Polley Act f\\lly ti, J9'..

AGENCY: Council on Environmental Quality, Executive Office of the Pre1idenl IUMMNIY: In response to President Carter'* Executive Order 11991, on November 29. 1978, the Council on Enviroarnenlal Quality issued regulations implementins. the procedw-a~

provisions ol the National Environmental Policy Act ("NEPA"). {43 FR ~9'&-56Q07: 40 CFR lSOO-.OBt Section 1507.3 of the regulations provide* that each agency of the Federal Government

,hall adopt procedures to.supplement the l'9glllatlons by July 30. 1979, The Council has indicated lo Federal 111encie1 Its intention to publish progress reports on agency e(fort1 to develop implementing p,ocedurea under the NEPA regulations. The purpose of these progres* reporta. the sacond of which appears below, ia to provide an update on where agencies stand in this process and to inform interested person, 0£ when to upect the publication or proposed procedures £or their review andcommenL FOR II\\IIITHIJI INFORMATION CONTACT:

Nicholas C. Yost. General Counsel.

• Council on Environmental Quality. 722 J*won Place, N. W.. Wathington. D,C.

20006; 202.-39S-S7!0.

Progren Report on Agency Implementing Procedures Under th~,.,,

National Environmental Policy Act.

At the direction of President Carter (Executive Order 11991). on November Z9, 1!r.'8. the Council on Etn,ironmental Quality i11ued reswalion1 implementing.

the procedural provisions of the

• National En,rironmenta-l Policy Act

("NEPA'1, These regulations appear at Volume 43 of lhe Federal Register, pages 5597&-56007 and Volume 40-of the Code of Federal Remlations, Sections 1S00-150&. Their purpose i* to reduce ppef'\\\\lork and delay associated with the environmental review process and to foster enViroftment~l quaUty tltrouah better dedaiona under NEPA.

Sectioa 1501,3 of the NEPA replations provtciea that each agency or tbe Psderal aovemment shJll adopt procedures to supplement tile ngulatiou.-The purpose of agency

'°implemeatins procedure.1," as thty are called. is to translate the broad

. 1ta.ndardt of the Co.uacil's tesulations into c,r.acrical action in Federal planning an.d deetatonmaki111. Agency procedures will provide govemment personnel with additional, more specific direction tor Implementing th* procedural prov;iions of NEPA. and will inform the public and State and local officials of how the NEPA regulations will be applied to individual Federal progiama and

• ctMtiea.

.acne.,; (r.Connation Only. Publicalion or Second ProgrHs Report on_ Agency lmplemen :ins Procedures Under The National foviron.mental Policy Act.

In the mane or developing auplementla, proc:edam. aaende* are required to consult with the Council and to publish proposed pr0cedure1 in the Federal Register for public review and comment. Proposed procedures must be tevised as necessary to respond to the ideu and auggestions made during the comment period. The*reafter, age:'lciea are required to submit the proposed final version* of their procedures for 30 days review by I.he Council for conformity with the Act and lhe !'.VA regulations. After making such changes as are indlca(ed by the Council's review, asencies are required to promulgate their final procedure* by July 30.

U i1 apparent that a.number of Federal aaencfes will not meet th.i5 deadline..

The Council has advised Federal agencies that failure to do so would repre1ent a violation of i 1507.3 of the NEPA regulatlon1. Substantial delays In.

adopting procedures beyond thi.l deadline would also raise mora @eneral concern. about the adequacy of an angeney's CQmpliance with NEPA.

Oo May 7, 1979 the Council pubU1hed its first progrHs report on agency implementing procedures, 44 Federal Register 28781~. lt* second progres report appears below, The Cnuncil" hopes that concerned members of the PLlblJc will review and comment upoa agency pl'.C)Cedures to insure th.at the reform, required by PresidP.nt Carter and by tl:ie Councu*, regulations are implemented. Agencies preparin3 implementing procedw-es are listed undsr one of the following three categori~s:.

Category #1: Propoaed Procad..,... Have Been Publi.5hed Thl* category includes agencies M'lo.. proposed proc:edu~s have either appeared in the Federal Re~i3ter or been transmitted lo the Federal Repter for publication.

Acivtsory Council on Hi.atone PreHrVatloa. 44 FR 40853 (July UJ Central lntelli1uce Apncy,._ FR Z310S (April 18)

Department ar A,rlcultute. 44 FR :.seae (Mir.

• 1)

Animal and Pl1111 Health lnapectlon Service. 44 FR 389'5 fl uly 3 I Forest Senice. t4 FR Z38!H. [_April 23}

Rval Elec:trilicatlo11 Aclmift1$tratiOA. 44" F1l Z&'l83 (May 15)

Sclil Conservation Service. 44 Fil 25781 (MayZ)

Deputment of Defense: 44 FR~ (May 151 Depertment of the Air Force, (At the Federal ~ta)

Anny ColpS of Enaiaem. 44 FR 38a U11n a) l>epart,Nnt of Ene'I)', 44 FR 4..'"138 (July 11J Depmmat of \\he latenor. -MFR 41)131 (July

• 101 Depvt.ment ot JuetJc._ (Al the F.s.r.l 1...-1

I 43038 Federal Rr.~istnr / Vol. 44. No. 142 / Mnn,Jay, July 2:J. 1979 / Notice9

,* ~~=========================~

°'parlmenl orTran1portalioa. 4-1 FR 31341 fM*Jr 31)

Coa 11 Guard. 44 FR 3:"0!13 (June :::II Federal Aviation Adminislnllloft. 44 F1l 3:zo!M (lune 4}

Federal Railroad Adffliniatf1tiotl. 44 FR 40174 [July 9J Deperlaumt of ltie TreuW')', +I FR ~9692. Uwy 11,J Emironmen1al Protection Agmcy, 44 FR

15154 (June 181 lxpor1-lmpor1 Blank. 44 FR 28823 !May 11)

F-,11 Co111tnunic:1tion1 Commi11ion, 44 FR 38913 (1uly3J Ffderal Maritime Commiulon, 44 FR 291Z2 (May t8J Federal.Trade Co111mi1sion. fAI the Fedlral Rlllsl~*J Cetieral Service.ll Adminietralion.

• A,eney Wide Proc:edw-e1,.W FR 33-1&5 UUM lt]

Plll>!ic lhiildi113s. 44 FR :27473 [May 101 Marine M.itnrnal Comrrtisalon (Al the FINlenl

. Register)

Ndonal Aeronaulics & Space.

• Admmistranot1. 44 FR met (May 9)

NatlanI Capital Planning Commisalon..ff FR 3318S Uune 81 Poets! Sen*ice. ~ FR ~6991 (June ZS)

Tennenee Valley A11thorlly,,u FR 39879 (fulytJ C.leJOry #Z. Anticipate Publlcilloa of Pmpoled Procedures by July 30

'fllia category includes agencies which bave developed a draft of implementing procedures as a basis for conswlallon

• with lhe Council and ue expected lo publish propQsed procedures in the Federal Register by July 30. 1979.

Depuf.inent of Agriciahwe

• Soil Conse,,,.erion Sen*ice Des;iartmtnl of Deftnse

• Dap.anment of the Na\\')'

.[)epartmenl or Housing and Urban Developrnenc

'.IJeputmenl of Health. Education and WeJfaN**

Food and D1"1111 Adminiatration

!*ttment or tbe Jaterior*

Bureau ol ~in~

, Buteau of Radamation Ptah and Wildlife Sm*;~

Ceoloaic.l Survey Harta.ae Camervation and Recru.tioll Service National Park Sevice Office of Sut!ace Mlninl Colll.rol and Reclamation J>epartmeal of Labor Uepartmenr uf Transportation*

Feoeral Hi11hway Admirti1tnlion Urban Ma.sa Tr11nspor1auon Aaauniatralioa I!epartmenl or State federal Entl'J)' RtjNlatory Comiuiaa JI le liclnal Science Foundation

,,nmylv,,nia Av.Aue De,.,,ioprne11t -

Cotpor1tian

,i'atenna Adm.iniatntioa

• Jiater Resource, Council and Rlnr Buin Coa&miationl

• De,.ftmt11l*il ~

>Jeudy Putil.iahed.

• • ~1a.l,,_.._i11Cal'8Vl7~

Category #3: Publlcation or rroposed PrDcedure* Delayed Bci,*ond July 30.

Thi* '8te,iory includes agencies which are not ex.,.cted lo publish proposed procedures in the Federal Register b)l-July 30, 1979.

At:lion Civil Aeroiia11tica Board Community Services Adminlalration Cor11umer P!oduct Sarety Commisaion.

Department of Agriculture*

Fannen Home Admlni1track>n Science aad EduQtion Admlniatntlon 0._partmMI or Commerce Economic: Dn-elopmenl Administration Natlana1 Oceanic and Atmospheric:

• Adminltttatioa Departmenl or Defense*

Dcpanmen, or the Army Department or Health, Education and W.if&r111 Departmcnr or the Interior*

Bureau of Indian Af!ai-rs Bllruu of Land Mana111ment Department of Transporlalioo..

Na&nal Hi11hway Tr&fflc s.!ety Administration Farm Credit Ad.cainlstration Federal Deposit Insurance Corpc:,n1tion Fderlll Home Loaa &ink Board Federal Reaerve Sy11em Interstate Comme,ee C9nunlasl'!n,.,,

National Credit Union Administralloa Nuclear Regulatory Corrunlnion Securities and Exchange CommiHion Small S1111inns Administration

&outhaania!I lnslitutiCJ11 The develop!Jtent of agency implemenling procedu.rea ii a critical atqe In Federal efforts to reform the NF.PA process. Thl!'Se prctcedutes mwtL of course. be consistent with the Council's regulations and provide the.

means for reducing paperwork and ct.lay and producin111 better decisions in apncyplaMing and decisionmakins.

lntereated persons will have the opportunity to make their su~es1ian1 for improving agenq-procedures when they an publisbed in the Federal Rasiner 111 proposed form. Broad public participation at this crucial Juncture could go a Jong way toward ensuring that the goals of rhe NEPA regulations

• re widely implemented in the day-to--

day activities of govemmenL Mchlaa C. YINI.

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l&LNl COOC*......,.

DEPARTMENT OF DEFENSE Corps of Engineer&. Departl'!'lent of the *

.Army Intent To Prepare a Craft EnVlronmental Impact Sbtement (DEIS) for the Maalaea Small Boat Harber Project. Maalaea, Maui July 11, 1919.*

AGUCY: U.S. Army Corps of 2ngineers. -

DoD, Honolulu Dislricl.

ACTION: Notice of Intent lo Prepare a

. DEIS.

IUMMARY: l. Brief DeSCl'iptiotr o.f lhe Proposed Action. The propoud action ls a harbor improvement prajecL the major obfectkes of which are to reduce,~e*

.-!thin the harbor, *reduct the navfsational hazard in the entrance channel and pro'Vide for additional berthin1 spaces.

2. Brief Descl'iption of tlie Reasonahl~

A/Jmnati~*es. Preliminary altemath*e plans are based on input Crom the public

• • wall as oceanographic lnrormation obtained from computer ll.*ave refraction analysis, theoretical wave diffraction analysis, aerial photographs, aa underwater n:ccnnais11anc1 Investigation a.nd an examinaUan ol offshore subsurface borin,s. The authorized plan and four preliminary alternative plans all include reaiignment of the entrance channel. The authorized plaa and one allemative plan propo,e extension of the existing south breakwater. Another alternative proposes construction of ao offshore btnkwater, and the fourth alternative includes coastruc:tion of a new breakwater approximately 250 feet seaward !south) of the existin!!! south breakwater which would substantiallv increase berthing space if! the harbor:

3. Brief Description of the Corps.

Seeping Prou.ss Ulhicli,a Reasonably Foreseeable for the DEIS.

a. Proposed Public Involvement

• Program. Tha prosram will involve coordination with the sponsorinr agenciea. other ga\\'emmental agencies.

community araanizaUona, and the seneral public. Activities include informal meetings. workshops. formal public meetings, issuance or public DGtic:ea and letter responses. All pertinent asencies have been notified of study Initiation. A4 initial publ~

mceling was held wilh interested qencie9 and the public in January 1979 Ind two workshops have been CIOnducted subsequently in April and

)ltneof1979.

b. ldentlfication of Significant Eavirorunental lstu9 to be Analyud i:a Depth In the DEIS.

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