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NRC RIN: 3150-AJ68 Publication ID: Fall 2021 
Title: Emergency Preparedness Requirements for Small Modular Reactors and Other New Technologies [NRC-2015-0225] 
Abstract:

This rulemaking would amend the NRC's regulations to add new emergency preparedness requirements for small modular reactors and other new technologies such as non-light-water reactors and non-power production or utilization facilities.  The rule would adopt a scalable plume exposure pathway emergency planning zone approach that is performance-based, consequence-oriented, and technology-inclusive.  This rulemaking would affect applicants for new NRC licenses and reduce regulatory burden related to the exemption process. 

 
Agency: Nuclear Regulatory Commission(NRC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR 50    10 CFR 52   
Legal Authority: 42 U.S.C. 2201    42 U.S.C. 5841   
Legal Deadline:  None

Statement of Need:

Current emergency preparedness (EP) regulations do not sufficiently reflect the advances in designs and more recent safety research, particularly with respect to small modular reactors (SMRs) and other new technologies (ONTs), such as non-light-water reactors (non-LWRs) and medical isotope facilities. 

Summary of the Legal Basis:

None.

Alternatives:

None.

Anticipated Costs and Benefits:

The proposed rule would be projected to result in a cost-justified change based on a net (i.e., accounting for both costs and benefits) averted cost to the industry that ranges from $4.72 million using a 7-percent discount rate to $7.56 million using a 3-percent discount rate. Relative to the regulatory baseline, the NRC would realize a net averted cost of $1.17 million using a 7-percent discount rate and $2.16 million using a 3-percent discount rate. The proposed rule alternative would result in net averted costs to the industry and the NRC ranging from $5.89 million using a 7-percent discount rate to $9.71 million using a 3-percent discount rate.

Risks:

None.

Timetable:
Action Date FR Cite
Draft Regulatory Basis   04/13/2017  82 FR 17768   
Draft Regulatory Basis Comment Period End  06/27/2017 
Regulatory Basis   11/15/2017  82 FR 52862   
NPRM  05/12/2020  85 FR 28436   
NPRM Comment Period End  07/27/2020 
NPRM Comment Period Extended  07/21/2020  85 FR 44025   
Comment Period End  09/25/2020 
Final Rule  03/00/2022 
Additional Information: The proposed rule was published for public comment on May 12, 2020. Draft regulatory guidance was also published for public comment with the proposed rule. The public comment period ended on September 25, 2020.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Soly Soto Lugo
Nuclear Regulatory Commission
Office of Nuclear Material Safety and Safeguards,
Washington, DC 20555-0001
Phone:302 415-7528
Email: soly.sotolugo@nrc.gov