Fermi America COLA Environmental Impact Statement
ABOUT:
The NRC was created as an independent agency by Congress in 1974 to ensure the safe use of radioactive materials for beneficial civilian purposes while protecting people and the environment. The NRC regulates commercial nuclear power plants and other uses of nuclear materials, such as in nuclear medicine, through licensing, inspection and enforcement of its requirements.
OUR MISSION:
The NRC protects public health and safety and advances the nation’s common defense and security by enabling the safe and secure use and deployment of civilian nuclear energy technologies and radioactive materials through efficient and reliable licensing, oversight, and regulation for the benefit of society and the environment.
OUR WORK INCLUDES:
Determining whether it is safe to build and operate a proposed nuclear power plant at a site
Evaluating and disclosing the environmental impacts of building and operating a nuclear power plant
Not complete – In development
What is NEPA?
NEPA requires Federal agencies to evaluate and disclose the environmental effects of the proposed Federal action on the human environment.
The NRC complies with NEPA through its regulations in
10 CFR Part 51. The regulations form the basis for the NRC’s NEPA compliance and direct the staff on how to perform environmental reviews.
NEPA as an "Umbrella Law"
NEPA is often called an “umbrella law” because its environmental disclosure documents—such as Categorical Exclusions, Environmental Assessments, and Environmental Impact Statements—consider many other laws, executive orders, and regulations.
Environmental Review Oversight
Within the NRC, the Environmental Center of Expertise (ECOE) leads these reviews. ECOE evaluates environmental effects for actions such as new reactor licenses and license renewals.
Fermi America- Resource Areas Considered*
*Typical resources analyzed in NEPA reviews
During an environmental review, NRC staff evaluates the potential impacts of a proposed action on various aspects of the human environment, called "resource areas". The scoping process helps to define the proposed Federal action, a reasonable range of alternatives, and the environmental issues to address. For Fermi America, scoping will: (1) define the proposed Federal action; (2) determine the scope of the environmental document and identify the significant issues for detailed analysis; and (3) identify and eliminate from detailed study the issues that are not important or have been covered by prior environmental review(s).
The National Environmental Policy Act of 1969, as Amended (NEPA), requires Federal agencies to assess the environmental effects of proposed major Federal actions prior to making decisions. While NRC’s implementing regulations at 10 CFR 51.20(b) prescribe the level of NEPA review for Combined License (COL) applications, recent regulatory developments have prompted the NRC to consider whether a different level of review may be appropriate.
The National Environmental Policy Act of 1969, as Amended (NEPA), requires Federal agencies to assess the environmental effects of proposed major Federal actions prior to making decisions. While NRC’s implementing regulations at 10 CFR 51.20(b) prescribe the level of NEPA review for Combined License (COL) applications, recent regulatory developments have prompted the NRC to consider whether a different level of review may be appropriate.
Expected Efficiencies Utilized in the Fermi America Pilot
Pursuant to the National Environmental Policy Act of 1969, as Amended (NEPA), and 42 U.S.C., project sponsors (applicants) may prepare environmental documents under the supervision of a lead agency, such as the NRC. The lead agency is responsible for prescribing procedures that allow a sponsor to prepare an environmental document (EA/EIS), while also providing appropriate guidance and assistance throughout the process. Critically, the lead agency must independently evaluate the environmental document and assume responsibility for its content.
Although current NRC regulations under 10 CFR Part 51 do not explicitly authorize applicant-prepared EISs, recent amendments to NEPA under the Fiscal Responsibility Act, implemented through the ADVANCE Act, direct the NRC to consider allowing an applicant-prepared environmental document to serve as the NRC’s draft environmental document. Fermi America expressed interest in participating in a pilot project using this approach.
The pilot project with Fermi America outlines a process for an applicant-prepared environmental document, emphasizing effective coordination between the NRC and the applicant. The goal is to implement a consistent, efficient environmental review process that avoids duplication of effort while maintaining NRC oversight and accountability.
To achieve this, NRC project management staff have defined a process in which NRC staff oversees and reviews—without duplicating—the environmental analysis. This approach aligns with practices used by many other Federal agencies when reviewing applications for funding, licenses, and permits.
Fiscal Responsibility Act (FRA) / ADVANCE ACT
Fiscal Responsibility Act (FRA), signed into law on June 3, 2023:
Some specific FRA-driven NEPA changes include:
- Mandatory deadlines and page limits for EAs and EISs.
- Requirements regarding roles of lead, participating, and cooperating agencies.
Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act), signed into law in July 2024:
Requires the NRC to take actions, including:
- Submit to Congress in January 2025 a report on efforts to facilitate efficient, timely, and predictable environmental reviews of applications.
- Assess licensing review process for new nuclear facilities at former fossil-fuel power plant sites and brownfield sites.
- Develop strategies and guidance for microreactors.
In line with the FRA amendments to NEPA Section 107(f), the ADVANCE Act directs the NRC to consider authorizing the use of an applicant-prepared environmental document. In SECY-24-0046, the NRC staff recommended rulemaking to develop new 10 CFR Part 51 regulations to explicitly allow for applicant preparation of a draft environmental document (EA/EIS) that will serve, under appropriate NRC supervision, as the draft environmental document required for NEPA analysis.
Applicant-Prepared Environmental Document
In a participant letter issued by the NRC dated November 4, 2025 (NRC ADAMS accession number ML25302A444), and in accordance with NEPA, as amended, and pursuant to 42 U.S.C. § 4336a(f), the NRC formally acknowledged Fermi America’s election to participate in the NRC’s voluntary pilot project for the preparation of an applicant-prepared draft EIS. The letter also outlined the respective responsibilities and commitments of both parties, establishing a framework to guide the environmental review process under the pilot project initiative.
As this is a first-of-a-kind NRC NEPA review utilizing this process, the NRC staff plan to work interactively with Fermi America and its contractors to establish an agreed-upon methodology early in the process to minimize potential delays related to rework during NRC EIS review and concurrence.
It is anticipated that implementation of streamlining tools and participation in the pilot project will help the project reduce review costs and meet new NEPA requirements, e.g., page limits and time frames.
What is the National Historic Preservation Act?
- Congress enacted the National Historic Preservation Act of 1966, as Amended (NHPA), mandating that Federal decision-makers consider historic properties during project planning. The NHPA established:
- Advisory Council on Historic Preservation (ACHP), State Historic Preservation Offices (SHPOs)/Tribal Historic Preservation Offices (THPOs), and the National Register of Historic Places.
- Section 106 of the NHPA requires Federal agencies to take into account the effects of their undertakings on historic properties and consult with the ACHP, as appropriate, and relevant SHPO(s) and/or THPO(s), Indian Tribes, interested parties with a demonstrated interest in the project, and the public.
- An undertaking for the NRC is the issuance of a license (e.g., combined license), permit, or other approval.
- The NRC conducts the Section 106 process in accordance with the implementing regulations, "Protection of Historic Properties," 36 CFR Part 800. The goal of the Section 106 process is to identify and to consider historic properties that might be affected by an undertaking and to attempt to resolve any adverse effects through consultation.
- In accordance with 36 CFR 800.1(c), the NRC must complete the Section 106 process prior to making its decision on the request for the licensing action.
- The NHPA Section 106 regulations at 36 CFR 800.8(c) allow Federal agencies to coordinate Section 106 consultation requirements through the NEPA.
- NEPA requires Federal agencies to evaluate the impacts of proposed Federal actions on the human environment and the cultural environment.
NHPA Section 106 Flowchart
Source: ACHP.
What is the Endangered Species Act?
- The ESA is a Federal law passed in 1973 to protect plants and animals that are at risk of extinction and the habitats they depend on to survive.
- The law is carried out by two Federal agencies:
- U.S. Fish and Wildlife Service (FWS), which covers terrestrial and freshwater species.
- National Marine Fisheries Service (NMFS) under the National Oceanic and Atmospheric Administration (NOAA), which covers marine and migratory fish species.
- Under the ESA, species can be listed as endangered or threatened and it is prohibited to take listed species or remove and reduce to possession listed plants without the Service(s) exempting such take or possession.
- "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
- "Remove and reduce to possession" means maliciously damage or destroy a listed plant; or remove, cut, dig up, or damage or destroy a listed plant species.
How Does the ESA Affect Federal Projects?
- Federal agencies must consider endangered species when planning or approving projects.
- If a Federal action (such as issuing a license for a Combined License) could affect a listed species or its habitat, the agency must consult with FWS and/or NMFS. This process is called, Section 7 Consultation.
- In some cases, the NRC can designate an applicant as a non-Federal representative (NFR) to conduct informal consultation (50 CFR 402.08).
- The NFR would then either conduct an informal consultation or prepare a biological assessment in support of an informal or formal consultation, but the Federal agency is still ultimately responsible and maintains decision-making authority.
To get on the mailing list, scan the QR code or visit Govdelivery and follow the on-screen prompts (new users may need to create an account), find and check “Fermi America Applicant-Prepared EIS Environmental Review” in the New Reactors topic area.
Or Visit Combined License Application for Fermi America President Donald J. Trump Advanced Energy and Intelligence Campus, Units 1-4.
Scan QR code to send your comments via email to FermiAmericaEnvironmental@nrc.gov with the subject line: Email Comment Related to the Scoping Process for the Fermi America Applicant-Prepared Environmental Impact Statement
Or Visit regulations.gov and search for Docket ID: NRC-2026-0100
Page Last Reviewed/Updated Friday, February 20, 2026
Page Last Reviewed/Updated Friday, February 20, 2026