DOE has established a categorical exclusion for advanced nuclear reactors.
Office of NEPA Policy and Compliance
February 2, 2026
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The U.S. Department of Energy (DOE) has established a categorical exclusion for authorization, siting, construction, operation, reauthorization, and decommissioning of advanced nuclear reactors for inclusion in its National Environmental Policy Act (NEPA) implementing procedures. DOE has included the categorical exclusion in the component of its NEPA implementing procedures that it maintains outside of the Code of Federal Regulations. The new categorical exclusion is based on the experience of DOE and other Federal agencies, current technologies, regulatory requirements, and accepted industry practice.
For more information, see Categorical Exclusion for Advanced Nuclear Reactors.
Public Comment Opportunity
DOE has elected voluntarily to solicit comments on its new categorical exclusion for advanced nuclear reactors. DOE is soliciting comment on this new categorical exclusion and the associated written record, and may make revisions to this categorical exclusion, if DOE’s review of any comments submitted suggests that further revisions are warranted.
DOE will consider comments on this categorical exclusion received on or before March 4, 2026. To submit comments using the regulations.gov website, click on this link: Docket DOE-HQ-2025-0405.