10 C.F.R. § 51.30

Environmental assessment

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(a) An environmental assessment for proposed actions, other than those for a standard design certification under 10 CFR part 52 or part 53, or a manufacturing license under 10 CFR part 52 or part 53, shall identify the proposed action and include:

(1) A brief discussion of:

(i) The need for the proposed action;

(ii) Alternatives as required by section 102(2)(E) of NEPA;

(iii) The environmental impacts of the proposed action and alternatives as appropriate; and

(2) A list of agencies and persons consulted, and identification of sources used.

(b) As stated in § 51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be considered in the environmental assessment, if the impacts of continued storage of spent fuel are relevant to the proposed action.

(c) An environmental assessment for a proposed action regarding a monitored retrievable storage installation (MRS) will not address the need for the MRS or any alternative to the design criteria for an MRS set forth in section 141(b)(1) of the Nuclear Waste Policy Act of 1982 (96 Stat. 2242, 42 U.S.C. 10161(b)(1)).

(d) An environmental assessment for a standard design certification under subpart B of part 52, or under subpart H of part 53 of this chapter must identify the proposed action and will be limited to the consideration of the costs and benefits of severe accident mitigation design alternatives and the bases for not incorporating severe accident mitigation design alternatives in the design certification. An environmental assessment for an amendment to a design certification will be limited to the consideration of whether the design change which is the subject of the proposed amendment renders a severe accident mitigation design alternative previously rejected in the earlier environmental assessment to become cost beneficial, or results in the identification of new severe accident mitigation design alternatives, in which case the costs and benefits of new severe accident mitigation design alternatives and the bases for not incorporating new severe accident mitigation design alternatives in the design certification must be addressed.

(e) An environmental assessment for a manufacturing license under subpart F of part 52 of this chapter or under subpart H of part 53 of this chapter must identify the proposed action and will be limited to the consideration of the costs and benefits of severe accident mitigation design alternatives and the bases for not incorporating severe accident mitigation design alternatives in the manufacturing license. An environmental assessment for an amendment to a manufacturing license will be limited to consideration of whether the design change which is the subject of the proposed amendment either renders a severe accident mitigation design alternative previously rejected in an environmental assessment to become cost beneficial, or results in the identification of new severe accident mitigation design alternatives, in which case the costs and benefits of new severe accident mitigation design alternatives and the bases for not incorporating new severe accident mitigation design alternatives in the manufacturing license must be addressed. In either case, the environmental assessment will not address the environmental impacts associated with manufacturing the reactor under the manufacturing license.

[49 FR 9381, Mar. 12, 1984, as amended at 49 FR 34694, Aug. 31, 1984; 53 FR 31681, Aug. 19, 1988; 72 FR 49510, Aug. 28, 2007; 79 FR 56260, Sept. 19, 2014; 91 FR 15793, Mar. 30, 2026]
Notes of Decisions
Cited in 2 cases, 1994–2013 · leading case: Blue Ridge Env't Def. League v. Nuclear Regulatory Comm'n, 716 F.3d 183 (D.C. Cir. 2013).
Blue Ridge Env't Def. League v. Nuclear Regulatory Comm'n, 716 F.3d 183 (D.C. Cir. 2013). “See 10 C.F.R. § 51.30 (d). The Commission reasonably found that the existing AP1000 EA adequately considered Severe Accident Mitigation Design Alternatives.”
New Jersey, Dep't of Env't Prot. & Energy v. Long Island Power Auth., 30 F.3d 403 (3rd Cir. 1994). “§ 4332 (2)(C), and an NRC regulation, 10 C.F.R. § 51.30 , required assessment of the risks of and alternatives to the proposed method and route of transportation.”
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