Regulations last checked for updates: Nov 22, 2024

Title 10 - Energy last revised: Nov 19, 2024
§ 51.80 - Draft environmental impact statement—materials license.

(a) The NRC staff will either prepare a draft environmental impact statement or as provided in § 51.92, a supplement to a final environmental impact statement for each type of action identified in § 51.20(b) (7) through (12). Except as the context may otherwise require, procedures and measures similar to those described in §§ 51.70, 51.71, 51.72 and 51.73 will be followed.

(b)(1) Independent spent fuel storage installation (ISFSI). As stated in § 51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be deemed incorporated in the environmental impact statement.

(2) Monitored retrievable storage installation (MRS). As provided in sections 141 (c), (d), and (e) and 148 (a) and (c) of the Nuclear Waste Policy Act of 1982, as amended (NWPA) (96 Stat. 2242, 2243, 42 U.S.C. 10161 (c), (d), (e); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168 (a) and (c)), a draft environmental impact statement for the construction of 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 NWPA (96 Stat. 2242, 42 U.S.C. 10161(b)(1)) but may consider alternative facility designs which are consistent with these design criteria.

[49 FR 34695, Aug. 31, 1984, as amended at 53 FR 31682, Aug. 19, 1988; 79 FR 56262, Sept. 19, 2014]
authority: Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C. 2201,2243; Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841,5842; National Environmental Policy Act of 1969 (42 U.S.C. 4332,4334,4335; Nuclear Waste Policy Act of 1982, secs. 144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161, 10168); 44 U.S.C. 3504 note
source: 49 FR 9381, Mar. 12, 1984, unless otherwise noted.
cite as: 10 CFR 51.80