10 C.F.R. § 51.20

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

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

(1) The proposed action is a major Federal action significantly affecting the quality of the human environment.

(2) The proposed action involves a matter which the Commission, in the exercise of its discretion, has determined should be covered by an environmental 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 limited work authorization or a permit to construct a nuclear power reactor, testing facility, or fuel reprocessing plant under part 50 of this chapter, issuance of an early site permit under part 52 of this chapter, or issuance of a limited work authorization, construction permit, or early site permit under part 53 of this chapter.

(2) Issuance or renewal of a full power or design capacity license to operate a nuclear power reactor, testing facility, or fuel reprocessing plant under part 50 or part 53 of this chapter, or a combined license under part 52 or part 53 of this chapter.

(3) Issuance of a permit to construct or a design capacity license to operate or renewal of a design capacity license to operate an isotopic enrichment plant pursuant to part 50 of this chapter.

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

(5)-(6) [Reserved]

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

(8) 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.

(9) Issuance of a license pursuant to part 72 of this chapter for the storage of spent fuel in an independent spent fuel storage installation (ISFSI) at a site not occupied by a nuclear power reactor, or for the storage of spent fuel or high-level radioactive waste in a monitored retrievable storage installation (MRS).

(10) Issuance of a license for a uranium enrichment facility.

(11) Issuance of renewal of a license authorizing receipt and disposal of radioactive waste from other persons pursuant to part 61 of this chapter.

(12) Issuance of a license amendment pursuant to part 61 of this chapter authorizing (i) closure of a land disposal site, (ii) transfer of the license to the disposal site owner for the purpose of institutional control, or (iii) termination of the license at the end of the institutional control period.

(13) Issuance of a construction authorization and license pursuant to part 60 or part 63 of this chapter.

(14) Any other action which the Commission determines is a major Commission action significantly affecting the quality of the human environment. As provided in § 51.22(b), the Commission may, in special circumstances, prepare an environmental impact statement on an action covered by a categorical exclusion.

[49 FR 9381, Mar. 12, 1984, as amended at 53 FR 31681, Aug. 19, 1988; 53 FR 24052, June 27, 1988; 54 FR 15398, Apr. 18, 1989; 54 FR 27870, July 3, 1989; 57 FR 18392, Apr. 30, 1992; 66 FR 55790, Nov. 2, 2001; 72 FR 49509, Aug. 28, 2007; 91 FR 15793, Mar. 30, 2026]

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 1977–2022 · leading case: Oglala Sioux Tribe v. U.S. Nuclear Regulatory Comm'n, 896 F.3d 520 (D.C. Cir. 2018).

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Oglala Sioux Tribe v. U.S. Nuclear Regulatory Comm'n, 896 F.3d 520 (D.C. Cir. 2018). · cites it 3× “§ 4332 (2)(C), including *524 granting the kind of license at issue here, see 10 C.F.R. § 51.20 (b)(8). Third is the Commission itself.”

Ohio Nuclear-Free Network v. NRC, 53 F.4th 236 (D.C. Cir. 2022). · cites it 4× “§ 4332 (C); 10 C.F.R. § 51.20 (a)(1), or for any proposed action for which the Congress or the Commission has categorically required an EIS, see 42 U.”

Oglala Sioux Tribe v. NRC, 45 F.4th 291 (D.C. Cir. 2022). · cites it 2× “; see also 10 C.F.R. § 51.20 (b)(8) (specifying an EIS is required when issuing a source material license for uranium extraction).”

Citizens Awareness Network, Inc. v. United States Nuclear Regulatory Comm'n, 59 F.3d 284 (1st Cir. 1995). “10 C.F.R. §§ 51.20 , 51.21. When approving a licensee's request to decommission, the NRC prepares either a supplemental EIS for the post-operating license stage, or an EA updating the prior environmental review for the facility, as it deems appropriate.”

The Matter of Entergy Nuclear Operations v. New York State Dep't of State, 66 N.E.3d 1062 (NY 2016). · cites it 2× “*285 An application for a license to operate a nuclear facility requires the NRC to produce a final environmental impact statement, and an application for a re-license requires a supplemental site-specific environmental impact statement, which is in addition to the 2013 Generic…”

Blue Ridge Env't Def. League v. Nuclear Regulatory Comm'n, 716 F.3d 183 (D.C. Cir. 2013). “See 10 C.F.R. § 51.20 (b). NRC regulations require preparation of an EIS both at the early site permit stage and at the combined operating license stage.”

Beyond Nuclear v. U.S. Nuclear Regulatory Comm'n, 704 F.3d 12 (1st Cir. 2013). “10 C.F.R. § 51.20 (b)(2); id. § 51.95(c).”

New England Coalition on Nuclear Pollution v. United States Nuclear Regulatory Comm'n, Pub. Serv. Co. of New Hampshire, Intervenors, 582 F.2d 87 (1st Cir. 1978). “10 C.F.R. § 51.20 . The NRC staff then prepares a draft environmental impact statement (DES) and distributes it with requests for comments.”

New York v. United States Nuclear Regulatory Comm'n, 589 F.3d 551 (2d Cir. 2009). “See 10 C.F.R. § 51.20 . The EIS required for license issuance and renewal at nuclear power plants covers both generic and plant-specific environmental impacts.”

Massachusetts v. United States, 522 F.3d 115 (1st Cir. 2008). “Producing an EIS containing adequate discussion of all the environmental issues relevant to licensing the operation of a nuclear power plant poses a significant task for the NRC. In an effort to streamline the license renewal process, the NRC in 1996 conducted a study to…”

Commonwealth of Massachusetts v. US Nuclear Regulatory Commissi, 708 F.3d 63 (1st Cir. 2013). “NEPA, by contrast, requires federal agencies to prepare an EIS for major federal actions that would significantly affect the quality of the human environment, including a discussion of “the environmental impact of the proposed action,” “any adverse environmental effects which…”

Michigan v. United States, 994 F.2d 1197 (6th Cir. 1993). “See 10 C.F.R. §§ 51.20 (b)(ll), 51.80(a). 3. The 1980 and 1985 LLRW Policy Acts While the Atomic Energy Act establishes the authority for federal regulation and licensing of nuclear materials and waste, the Policy Acts of 1980 and 1985 create incentives for states to provide for…”

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