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.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Related Federal Register Documents
2026-13674, Energy Conservation Program: Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment
The Department of Energy is updating how it sets and reviews energy-saving rules for products like appliances and industrial equipment. These changes include clearer steps, new definitions, and economic checks to make sure energy savings really matter. If you make or sell these products, or just care about saving energy, you can share your thoughts by August 6, 2026, and join a free webinar on July 15 to learn more.
2026-12475, Application for Authorization To Transmit Electric Energy to a Foreign Country
The Department of Energy is making it easier and faster for companies to get permission to send electricity across U.S. borders. This new rule starts on July 22, 2026, and helps keep our electric supply safe while encouraging cross-border energy trade. If you’re involved in exporting electricity, get ready for a simpler application process with clear deadlines and fewer headaches.
2026-11057, Rescinding Regulations for Loans for Minority Business Enterprises Seeking DOE Contracts and Assistance
The Department of Energy is delaying a rule that would stop loans for minority-owned businesses trying to get DOE contracts. This means minority businesses can keep applying for these loans a bit longer while the government reviews the rule carefully. The new delay pushes the rule’s start date to September 1, 2026, giving everyone more time to prepare and comment.
2026-10729, Zero-Based Regulating
The Department of Energy wants to add expiration dates to some of its rules to keep things fresh and efficient, following a new White House order. This means certain regulations will automatically end unless reviewed and renewed, helping save time and money. If you have thoughts, speak up by June 29, 2026, because your input could shape the future of energy rules!
2026-10727, Zero-Based Regulating
The Department of Energy is adding expiration dates to some of its rules to keep things fresh and efficient. If a rule isn’t renewed before its sunset date, it disappears—no more rule, no more hassle! This change starts July 13, 2026, and helps save time and money by cutting outdated regulations every five years or less.
2026-08201, Energy Conservation Program: Exempt Power Supplies Under the EPS Service Parts Act of 2014
The Department of Energy is making it easier for companies by removing some reporting rules for certain power supplies used as service parts. This change mainly affects manufacturers and sellers of these exempt power supplies and starts on May 28, 2026. It cuts red tape without adding costs, helping businesses save time and focus on energy innovation.
Previous / Next Documents
Previous: 2026-02070, National Institute of Nursing Research; Notice of Meeting
The National Institute of Nursing Research is holding a public meeting on May 19, 2026, both in person and online. Anyone interested can join without registering, share comments, and learn about the latest nursing research updates. This meeting helps shape future nursing science and welcomes everyone, with special accommodations available if needed.
Next: 2026-02072, Application for Recertification of Prince William Sound Regional Citizens' Advisory Council
The Coast Guard is asking for your thoughts on renewing the Prince William Sound Regional Citizens' Advisory Council’s certification for another year, from March 1, 2026, to February 28, 2027. This group keeps an eye on oil tankers and terminals to help protect the environment in Prince William Sound. If you care about clean waters and safe oil transport, now’s the time to speak up before February 15, 2026!