Categorical Exclusion for Advanced Nuclear Reactors
Published Date: 2/2/2026
Notice
Summary
The Department of Energy is making it easier and faster to approve and manage advanced nuclear reactors by creating a special rule called a categorical exclusion. This means certain projects won’t need lengthy environmental reviews, saving time and money for companies building these reactors. The new rule kicks in on February 2, 2026, and the DOE wants your thoughts by March 4, 2026.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
NEPA Exemption for Advanced Reactors
Starting February 2, 2026, DOE added categorical exclusion B5.26 so that authorization, siting, construction, operation, reauthorization, and decommissioning of certain advanced nuclear reactors normally do not require an environmental assessment or environmental impact statement under NEPA if DOE determines the project meets specified conditions. The two explicit conditions are: (1) the project's attributes (including potential fission product inventory, fuel type, reactor design, and operational plans) sufficiently reduce the risk of adverse offsite consequences from release of radioactive or hazardous materials; and (2) the project demonstrates that hazardous waste, radioactive waste, or spent nuclear fuel can be managed in accordance with applicable requirements.
Exclusion Limited by Conditions and Exceptions
DOE will apply the categorical exclusion only after it evaluates the categorical-exclusion conditions together with the 'integral elements' in appendix B of DOE's NEPA procedures and determines no extraordinary circumstances exist. If the conditions or integral elements are not met, DOE may still require an environmental assessment or environmental impact statement for the project.
Possible Deployment on Department of War Sites
DOE consulted with the Department of War (formerly the Department of Defense) about applying this categorical exclusion to potential future siting, construction, and operation of advanced nuclear reactor technologies on Department of War installations to accelerate deployment of resilient power solutions for mission assurance and to ensure military readiness.
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