10 CFR 51.100, Timing of Commission Action

NEPA Procedure and Administrative Action ===General===
Timing of Commission action

a

(a)(1) Except as provided in § 51.13 and paragraph (b) of this section, no decision on a proposed action, including the issuance of a permit, license, or other form of permission, or amendment to or renewal of a permit, license, or other form of permission, or the issuance of an effective regulation, for which an environmental impact statement is required, will be made and no record of decision will be issued until the later of the following dates:

(i) Ninety (90) days after publication by the Environmental Protection Agency of a Federal Register notice stating that the draft environmental impact statement has been filed with EPA.

(ii) Thirty (30) days after publication by the Environmental Protection Agency of a Federal Register notice stating that the final environmental impact statement has been filed with EPA.

(2) If a notice of filing 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 impact statement has been published by EPA, the minimum thirty (30) day period and the minimum ninety (90) day period may run concurrently to the extent they overlap.

b

(b) In any rulemaking proceeding for the purpose of protecting the public health or safety or the common 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 environmental impact statement.

External Links

NRC website 10 CFR 51.100

v t e Code of Federal Regulations
Title 10 Part 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, General Provisions, Scope 2, Subparts 3, Resolution of conflict 4, Definitions 5, Interpretations 6, Specific exemptions 10, National Environmental Policy Act--Regulations Implementing Section 102(2), Purpose and scope of subpart; application of regulations of Council on Environmental Quality 11, 12, Application of subpart to ongoing environmental work 13, Emergencies 14, Definitions 15, 51.15 Time schedules 16, Proprietary information 17, Information collection requirements; OMB approval 20, Preliminary Procedures, Criteria for and identification of licensing and regulatory actions requiring environmental impact statements 21, Criteria for and identification of licensing and regulatory actions requiring environmental assessments 22, Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review 23, Environmental impacts of continued storage of spent nuclear fuel beyond the licensed life for operation of a reactor 25, Determinations to Prepare Environmental Impact Statements, Environmental Assessments or Findings of No Significant Impact, and Related Procedures, Determination to prepare environmental impact statement or environmental assessment; eligibility for categorical exclusion 26, Requirement to publish notice of intent and conduct scoping process 27, Notice of intent 28, Scoping, Scoping--participants 29, Scoping-environmental impact statement and supplement to environmental impact statement 30, Environmental assessment 31, Determinations based on environmental assessment 32, Finding of No Significant Impact, Finding of no significant impact 33, Draft finding of no significant impact; distribution 34, Preparation of finding of no significant impact 35, Requirement to publish finding of no significant impact; limitation on Commission action 40, Environmental Reports and Information-Requirements Applicable to Applicants and Petitioners for Rulemaking, Consultation with NRC staff 41, Requirement to submit environmental information 45, Environmental Reports-General Requirements, Environmental report 50, Environmental report-construction permit, early site permit, or combined license stage 51, Uranium fuel cycle environmental data-Table S-3 52, Environmental effects of transportation of fuel and waste-Table S-4 53, Postconstruction environmental reports 54, Environmental report-manufacturing license 55, Environmental report-standard design certification 58, Environmental report-number of copies; distribution 60, Environmental Reports--Materials Licenses, Environmental report--materials licenses 61, Environmental report-independent spent fuel storage installation (ISFSI) or monitored retrievable storage installation (MRS) license 62, Environmental report--land disposal of radioactive waste licensed under 10 CFR part 61 66, Environmental report-number of copies; distribution 67, Environmental information concerning geologic repositories 68, Environmental Reports--Rulemaking, Environmental report--rulemaking 70, Environmental Impact Statements, Draft environmental impact statement-general 71, Draft environmental impact statement-contents 72, Supplement to draft environmental impact statement 73, Request for comments on draft environmental impact statement 74, Distribution of draft environmental impact statement and supplement to draft environmental impact statement; news releases 75, Draft Environmental Impact Statements-Production and Utilization Facilities, Draft environmental impact statement-construction permit, early site permit, or combined license 76, Draft environmental impact statement-limited work authorization 77, Distribution of draft environmental impact statement 80, Draft Environmental Impact Statements-Materials Licenses, Draft environmental impact statement-materials license 81, Distribution of draft environmental impact statement 85, Draft Environmental Impact Statements--Rulemaking, Draft environmental impact statement--rulemaking 86, Distribution of draft environmental impact statement 88, Legislative Environmental Impact Statements--Proposals for Legislation, Proposals for legislation 90, Final Environmental Impact Statements--General Requirements, Final environmental impact statement--general 91, Final environmental impact statement--contents 92, Supplement to the final environmental impact statement 93, Distribution of final environmental impact statement and supplement to final environmental impact statement; news releases 94, Requirement to consider final environmental impact statement 95, Final Environmental Impact Statements-Production and Utilization Facilities, Postconstruction environmental impact statements 97, Final Environmental Impact Statements-Materials Licenses, Final environmental impact statement-materials license 99, Final Environmental Impact Statements--Rulemaking 100, NEPA Procedure and Administrative Action, Timing of Commission action 101, Limitations on actions 102, Requirement to provide a record of decision; preparation 103, Record of decision--general 104, NRC proceeding using public hearings; consideration of environmental impact statement 105, Production and Utilization Facilities, Public hearings in proceedings for issuance of construction permits or early site permits; limited work authorizations 106, Public hearings in proceedings for issuance of operating licenses 107, Public hearings in proceedings for issuance of combined licenses; limited work authorizations 108, Public hearings on Commission findings that inspections, tests, analyses, and acceptance criteria of combined licenses are met 109, Materials Licenses, Public hearings in proceedings for issuance of materials license with respect to a geologic repository 110, Rulemaking 116, Public Notice of and Access to Environmental Documents, Notice of intent 117, Draft environmental impact statement--notice of availability 118, Final environmental impact statement--notice of availability 119, Publication of finding of no significant impact; distribution 120, Availability of environmental documents for public inspection 121, Status of NEPA actions 122, List of interested organizations and groups 123, Charges for environmental documents; distribution to public; distribution to governmental agencies 124, Commenting, Commission duty to comment 125, Responsible Official, Responsible official Appendices: 10 CFR 51 Appendix A, Appendix a to Subpart A--Format for Presentation of Material In Environmental Impact Statements 10 CFR 51 Appendix B, Appendix B to Subpart A-Environmental Effect of Renewing the Operating License of a Nuclear Power Plant

10 CFR 51.100, Timing of Commission Action

a

b

External Links

Navigation menu

Search