DOE RELEASES FINAL INTERIM RULE CHANGE TO NEPA PROCEDURES ARE NOW “PROCEDURAL GUIDANCE”
The Department of Energy (DOE) has released a final interim rule that would change its implementation of the National Environmental Policy Act (NEPA) to terminate its NEPA regulations, which could result in substantial changes in how NEPA proceeds for all projects at DOE sites. The new policies are based on the recent Executive Order on NEPA and the recent Supreme Court
ruling in Seven County Infrastructure Coalition v Eagle County, Colorado. Justice Brett Kavanaugh delivered the opinion of the court, writing: “Citizens may not enlist the federal courts, 'under the guise of judicial review' of agency compliance with NEPA, to delay or block agency projects based on the environmental effects of other projects separate from the project at hand”. DOE new interim regulations summary adds: “..DOE will henceforth maintain the
remainder of its procedures in a procedural guidance document separate from the Code of Federal Regulations (DOE NEPA implementing procedures). Thus, DOE is revising 10 CFR part 1021 to contain only administrative and routine actions excepted from NEPA review in appendix A, its existing categorical exclusions in appendix B, related requirements, and a provision for emergency circumstances. DOE is revising appendix A in 10 CFR part 1021 to align with DOE’s new NEPA implementing procedures that it
is publishing separate from the Code of Federal Regulations. Appendix A in 10 CFR part 1021 (formerly categorical exclusions) are now administrative and routine actions that do not require NEPA review. DOE is also revising 10 CFR part 205, subpart W, to remove the NEPA procedures from its Presidential permit regulations.” Generally, the changes mean that DOE and the National Nuclear Security Administration (NNSA) will
be able to move forward with projects quicker and with less risk of third-party lawsuits. The Categorical exclusion (CATEX) list, which determines which NEPA actions are not subject to an environmental assessment or impact statement, remains unchanged. See the full notice of the interim final rule by clicking here. The explanation for these procedures included in the full document is as follows: “The Supreme Court could not have been clearer in Seven County that NEPA is a procedural statute. See Seven County, 145 S. Ct. 1507 (“NEPA is a purely procedural statute.”); see id. at 1510 (“NEPA is purely procedural…. NEPA does not mandate particular results, but simply prescribes the necessary process for an agency’s environmental review of a project”); (internal quotation omitted); id. …(“Simply stated, NEPA is a procedural cross-check, not a substantive roadblock.”).” DOE has stated that the new rules will start immediately after they are published in the Federal Register. Following publication, the general public will have 30 days to comments on the rules. ECA will continue to provide updates as the rulemaking develops.
SENATE PASSES RECONCILIATION BILL
The Senate passed the Reconciliation Bill today on a vote of 51-50. The Bill, which still must be passed by the House, includes a lot funding and initiatives for nuclear. The final legislation is not available at the time of printing. The following includes a
summary of some of the provisions and we will send a message on Monday with additional details: - $125 million “… the acceleration of development of small, portable modular nuclear reactors for military use”;
- NNSA additional funding totaling almost $4 billion for weapons modernization and other programs. The program increases include funding for infrastructure modernization. These amounts are in addition to
annual appropriations. Note the fuel reprocessing funding is in the Bill. As part of the funding NNSA is required to report on how it will use the funding which is available until 2029 – so it looks like this is a plus up without clear visibility on how it will be spent yet. Quarterly reports are due to Congress on the funding.
- Nuclear Tax Credits for new projects a summary of which will be sent out upon publication of the final
Bill..
DOE ISSUES FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMPACT FOR DOME TESTBED
The US Department of Energy Office (DOE) issued a final Finding of No Significant Impact (FONSI) based on the final environmental assessment for the Demonstration of Microreactor Experiment (DOME) Test Bed Operations (DOE/EA-2268), which assesses the potential environmental impacts associated with the operation of the DOME test bed facility to accommodate testing of
advanced nuclear reactor designs at the Materials and Fuels Complex (MFC) at the Idaho National Laboratory site. For more information, see Demonstration of Microreactor
Experiment (DOME) Test Bed Operations. To read the full report from DOE, click here.
UPCOMING HEARINGS: MARKUPS IN SENATE AND HOUSE ON NDAA & FY2026 E&W BILL
Senate Armed Services Committee Schedules FY2026 NDAA Markups According to multiple Senate
notices, the Senate Armed Services Committee (SASC) is scheduling Subcommittee markups for the fiscal year 2026 National Defense Authorization Act for Monday, July 7 and Tuesday July, 8 with a Full Committee markup slated for Tuesday, July 8, and continuing into the rest of that week if necessary. The NDAA dictates what level of appropriations are
authorized to be dispersed to DOE Defense activities, including Defense Environmental CLeanup across the DOE-EM complex, as well as The National Nuclear Security Administration's (NNSA) various programs. The Strategic Forces Subcommittee, responsible for the authorization of these programs, will meet on Tuesday, July 8 at 11:00am. The markups are not yet scheduled under the SASC's calendar. ECA will
continue to provide updates as these markups are scheduled. House Appropriations Schedules Markups of FY2026 E&W Appropriations Last week, the House
Appropriations Committee has scheduled its Subcommittee and Full Committee markups for the fiscal year (2026) Energy and Water Development Bill, which determines appropriations and funding for cleanup at all sites across the Department of Energy Office of Environmental Management cleanup complex, in addition to National Nuclear Security Administration programs. The Subcommittee Markup will be conducted by the House Energy and Water Development Appropriations Subcommittee. ECA will continue to provide updates on committee hearings and markup pertaining to Energy and Water Development Appropriations as they develop.
Earlier this summer, the Government Accountability Office (GAO) completed a report on nuclear waste titled, "An Integrated Disposal Plan Could Help DOE Complete Its Cleanup Mission and Save Billions". ECA is hosting an informational webinar to learn more about the recommendations to develop DOE complex-wide analyses to assess the progress of its cleanup mission. These recommendations include; optimization models to identify optimal disposal pathways; a call to develop a complex-wide disposal plan; and the creation of a
forum for EM, cleanup sites, and disposal facility regulators to address regulatory constraints to optimal disposal approaches. GAO analyzed EM waste data, interviewed or requested information from all 15 EM sites, visited commercial nuclear waste disposal facilities, and developed a hypothetical model for optimizing transuranic waste disposal using EM data. Join ECA on July 24 at 2pm ET to learn more about the report. Speakers will include: - Facilitator: Seth Kirshenberg – Executive Director, Energy Communities Alliance
- Nathan Anderson, Director - Natural Resources and Environment, GAO
- Amanda Kolling, Assistant Director - Natural Resources and
Environment, GAO
JOIN ETEC IN THE OAK RIDGE CORRIDOR FOR THE NUCLEAR OPPORTUNITIES WORKSHOP
July 22 - 23, 2025 | Knoxville Convention Center
WHAT IS NOW? - NOW is ETEC's Nuclear Opportunities Workshop, Tennessee’s premier nuclear industry conference focused on all things nuclear: fission, fusion, isotopes, environmental management, AI in nuclear, workforce and more. Join ETEC and a variety of experts and enthusiasts in
the Oak Ridge Corridor for this growing, engaging, and informative conference.
For more information, including agenda, supporter opportunities, and travel and lodging information, click here.
AGENDA FOR THE NATIONAL CLEANUP WORKSHOP IS NOW AVAILABLE!
September 23 - 25, 2025 | Crystal Gateway Marriott | Arlington, VA The agenda for the 11th annual National Cleanup Workshop is now available! This year’s event, scheduled for September 24-25 at the Crystal Gateway Marriott - Arlington, VA, focuses on how the Department of Energy’s Office of Environmental Management is working to drive down risks while also building up new opportunities for communities and the nation. Register today to hear from federal representatives, industry executives and state and local leaders who are speaking at this year’s Cleanup Workshop.
WHO'S SPEAKING?
Roger Jarrell | Principal Deputy Assistant Secretary and Acting Assistant Secretary, DOE-EM
James McConnell | Acting Principal Deputy Administrator, NNSA
Greg Sosson | Associate Principal Deputy Assistant Secretary for
Field Operations, DOE-EM
Kristen Ellis | Associate Principal Deputy Assistant Secretary for Regulatory and Policy Affairs, DOE-EM
Brent Gerry | Mayor, City of West Richland, WA; Chair, ECA
Rebecca Casper | Mayor, City of Idaho Falls, ID; Vice-Chair, ECA
Jonathan “JD” Dowell | Senior Vice President, Fluor
Heatherly Dukes | President, BWXT Technical
Services Group
DJ Johnson | Vice President, Federal Solutions Business Enterprise, Honeywell Federal Solutions; Chair, EFCOG
Mark Johnson | Principal Vice President, High Level Waste Facility, Waste Treatment and Immobilization Plant (WTP), Bechtel
Jeff Kendall | President, AtkinsRéalis U.S. Nuclear
Michael Lempke | President, Nuclear and Environmental Services,
HII
Mark Whitney | President, Amentum
...and more!
Make sure to register before July 1, 2025, to receive the early bird discount rate! The cost of registration will increase after July 1. SCHEDULE OF EVENTS Wednesday, September 24 8:00am National Cleanup Workshop 5:30pm Evening
Reception for all NCW Attendees Thursday, September 25
8:00am National Cleanup Workshop SPONSORSHIP
NCW sponsorships offer an excellent opportunity to showcase your company, maximize networking opportunities with attendees, and host an exhibit booth during the forum. Click here to learn more! STAY
CONNECTED
ECA Twitter: @ENERGYCAORG
EFCOG Twitter: @EFCOG_now
DOE EM Twitter: @EMcleanup
#NationalCleanupWorkshop SPECIAL THANKS TO OUR SUPPORTERS The National Cleanup Workshop is hosted by the Energy Communities Alliance (ECA) with the cooperation of the Energy Facility Contractors Group (EFCOG) and the U.S. Department of Energy Office of Environmental Management
(EM)*.
WHAT YOU'VE MISSED: World Bank, IAEA partner to fund nuclear energy The World Bank and the International Atomic Energy Agency
signed an agreement last week to cooperate on the construction and financing of advanced nuclear projects in developing countries,
marking the first partnership since the bank ended its ban on funding for nuclear energy projects. Background: The World Bank, which lends funds to bolster countries’ infrastructure activities, stopped financing nuclear energy projects in 2013. Its board overturned the ban earlier this month, citing the need to address rising energy demand across the globe Read the full story New York State may seek federal loan for ambitious nuclear plan The New York Power Authority plans to approach the Energy Department's loan office about the state's new nuclear energy plans, president and CEO Justin Driscoll tells Axios. Read the full story Locals react to TVA's Bull Run Fossil Plant smokestack implosion CLAXTON, Tenn. — For over 50
years, the TVA's Bull Run Fossil Plant smokestacks have stood tall along Edgemoor Road in Claxton. But Saturday, the stacks came down. "A lot of good
memories out there...hate to see those towers fall to tell you the truth," former Bull Run Plant employee, Kevin Russell, said. Read the full story
GoneFission Nuclear Report - Oak Ridge Nuclear Center
of Excellence May 13, 2025 | S5 E2 Dr. Stephen Nagy discusses Japan's strategic positioning in a complex geopolitical landscape, particularly in relation to the U.S.-China rivalry. He explores Japan's economic ties with China, the challenges posed by regional security
threats, and the evolving strategies Japan is employing to navigate these issues. The conversation delves into Japan's historical pacifism, the potential for nuclear deterrence discussions, and the importance of trade agreements and technological cooperation in ensuring regional stability. https://gonefissionpodcast.com/ NPR - Entrepreneurs in Texas betting on
nuclear power to fuel AI energy demands July 1, 2025 Nuclear industry entrepreneurs in Texas say an artificial intelligence-fueled boom in energy demand will make small nuclear reactors a necessity in the near future. https://www.npr.org/2025/07/01/nx-s1-5414611/entrepreneurs-in-texas-betting-on-nuclear-power-to-fuel-ai-energy-demands NucleCast - James Dawkins: Inside Savannah River; Tritium, Pits, and the Future of U.S. Nuclear Readiness July 1, 2025 | S03 E225 In this episode of NucleCast, host Adam Lowther welcomes retired Lieutenant General Jim Dawkins, now Executive Vice President and COO of Savannah River Nuclear Solutions. Together, they explore the pivotal role of the Savannah River Site in America’s nuclear enterprise—from its origins in the Manhattan Project to its current missions in tritium production and plutonium pit manufacturing. https://rss.com/podcasts/nuclecast-podcast/
Nuclear Opportunities Workshop Knoxville, TN | July 22 - 23 Learn More Here National Cleanup Workshop 2025 Arlington, VA |
September 23 - 25 Learn More Here
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