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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Proposed Rules environmental impacts. On September 24, 2003, the Council on Environmental Quality CEQ National Environmental Policy Act Task Force published a report, Modernizing NEPA
Implementation Task Force Report, that recommended Federal agencies examine their categorical exclusion regulations to identify potential revisions that would eliminate unnecessary and costly EAs. The Task Force Report recommends the use of information from past actions to establish the basis for the no significant effects. It also provides that criteria for identifying new categorical exclusions should include: 1 Repetitive actions that do not individually or cumulatively have significant effects on the human environment; 2 actions that generally require limited environmental review;
and 3 actions that are noncontroversial. The NRC last amended 51.22c in 2010 April 10, 2010; 75 FR 20248. On December 6, 2010, CEQ issued final guidance on categorical exclusions 75 FR 75628.
Consistent with CEQ guidance, the NRC
periodically reviews existing categorical exclusions to ensure their continued appropriate use and usefulness.
Recently the NRC reviewed its environmental programs and organization to identify potential opportunities to continue to meet its NEPA obligations in different ways that would enhance the process, save time, and reduce resources. One of the opportunities identified was the possibility of creating new or revised categorical exclusions. By identifying those actions that do not have the potential to significantly affect the environment, the NRC will ensure that it is focused on those actions with possibly new or significant environmental impacts. Further, the review for categorical exclusions ensures the NRCs environmental review program is more aligned with CEQs best practices.
III. Regulatory Objectives Categorical exclusions streamline the NEPA process, saving time, effort, and resources by eliminating the preparation of EAs for NRC regulatory actions that have no significant effect on the human environment. Through internal discussions, the NRC has identified potential new categorical exclusions, areas where the scope of existing categories could be clarified, and where ambiguity in the criteria has created inconsistencies between existing excluded categories. In addition, the NRC is evaluating existing categorical exclusions to determine if any are no longer necessary or have proven to no
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longer meet the criteria for categorical exclusion. Amending 51.22c would increase efficiencies and consistency in the implementation of categorical exclusions and ensure applicable NRC
regulatory actions are completed in a more efficient, effective, and timely manner. Through this advance notice of proposed rulemaking, the NRC requests public input on potential revisions to 51.22c.
IV. Specific Areas of Consideration and Questions The NRC is seeking stakeholder input on areas under consideration for potential change. The NRC asks that commenters provide the bases for their comments i.e., the underlying rationale for the position stated in the comment to enable the agency to have a complete understanding of the comments.
The NRC is considering revisions to categorical exclusions on the following basis, unless otherwise specified in the next section:
1. The NRC has identified recurring actions that may be eligible for categorical exclusion because these actions do not result in environmental impacts and that are considered noncontroversial.
2. Other potential candidates for categorical exclusion include those where, after completing multiple EAs, the NRC has always concluded there are no findings of significant impacts and is not aware of any reason that future EAs would reach a different result.
Summary of Potential Rulemaking Changes to 51.22c Under Consideration Reorganization of the list of categorical exclusions to eliminate redundancy and add clarity.
Revisions to eliminate distinctions in categorical exclusions between license amendments, exemptions, rulemaking, and other forms of NRC
actions, to ensure that categorical exclusions are based on the activities that would be authorized rather than the administrative and legal differences between the different forms of NRC
approvals. For example, the NRC might revise a categorical exclusion from Issuance of an amendment to a permit or license issued under this chapter which. . . to An action under this chapter that. . .
Revisions to consolidate categorical exclusions for exemptions into one category, for example, by moving the criterion for exemptions related to installation or use of a facility component located within the restricted area.

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Revisions to categorically exclude license terminations that are administrative acts that do not have the potential to affect the environment such as termination of licensees for which no construction or pre-construction activities have occurred or where all decommissioning activities have been completed and approved and license termination is a final administrative step.
Revisions to categorically exclude the NRCs concurrence, under the Atomic Energy Act of 1954, as amended AEA, 274c., on termination by an Agreement State of licenses for AEA
11e.2 byproduct material where all decommissioning activities have been completed and approved and NRCs concurrence is a final administrative step.
Revisions to categorically exclude issuance of exemptions to low-level waste disposal sites for the storage and disposal of special nuclear material regulated by Agreement States.
Revisions to remove or clarify no significant hazards considerations criteria in existing categorical exclusions because these criteria are related to a process for some license amendments for reactor licenses from 50.92, Issuance of amendment, not environmental reviews, and are not relevant to materials licenses e.g., 10
CFR part 30, Rules of General Applicability to Domestic Licensing of Byproduct Material, or part 40, Domestic Licensing of Source Material, licenses.
Revisions to categorically exclude actions authorizing licensees to delay implementation of certain new NRC
requirements, for example, where the new requirements were previously found to not result in an environmental impact.
Revisions to categorically exclude approval of relief and alternative requests under 10 CFR 50.55a, Codes and standards.
Revisions to categorically exclude issuance of new, amended, revised, and renewed certificates of compliance for cask designs used for spent fuel storage and transportation issued as amendments to 10 CFR 72.214, List of approved spent fuel storage casks.
Revisions to categorically exclude approval of decommissioning funding plans submitted under 10 CFR parts 30, 40, 70, Domestic Licensing of Special Nuclear Material, or 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, HighLevel Radioactive Waste, and ReactorRelated Greater than Class C Waste.
Revisions to categorically exclude approvals of certain long-term
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