The Department of Energy published a categorical exclusion allowing advanced nuclear reactors to bypass full environmental reviews under the National Environmental Policy Act. The Federal Register filing covers small modular reactors, microreactors, and Generation III+ designs from authorization through decommissioning.
The move implements Trump's May 2025 executive orders directing DOE to expedite reactor approvals. The administration is racing to approve at least three test reactors by July 4, 2026, with 30 DOE experts reviewing roughly a dozen designs. Four preliminary reviews are complete.
DOE's justification rests on novel safety features in modern designs: "Advanced nuclear reactors have key attributes such as safety features, fuel type, and fission product inventory that limit adverse consequences." The agency concedes most advanced reactors remain experimental but argues demonstrated projects prove commercial viability.
The fine print matters here. Despite the exclusion's definition stating covered actions "do not significantly affect the quality of the human environment," DOE told The Register that reactors would still undergo environmental review. The difference is scope and speed.
This is the latest regulatory shift for nuclear power. DOE recently rewrote safety documents, eliminating hundreds of pages of requirements and loosening groundwater protections. The NRC detailed 12 staff to accelerate licensing for the wave of modular reactor applications.
Former NRC Chair Allison Macfarlane raises concerns about rushed reviews for novel designs requiring verified analysis. The question isn't whether advanced reactors need streamlined approval, it's whether DOE assessments will substitute for NRC commercial licensing.
The market push is real. A dozen developers are engaging NRC, driven by AI and data center power demands. DOE committed $1.52 billion for the Palisades SMR restart and pledged high-assay uranium to five developers in April 2025.
History suggests regulatory shortcuts for complex systems have trade-offs. The administration is betting advanced reactor designs are fundamentally safer. We'll see whether that holds when experimental becomes commercial.