Environmental and Permitting Requirements

DOE-STD-6003-96

3. ENVIRONMENTAL AND PERMITTING REQUIREMENTS

This chapter is a compilation of environmental and permitting requirements potentially

applicable to magnetic fusion facilities. It is not intended nor should it be interpreted to be the

definitive listing of all environmental laws and regulations to which a new fusion facility would be

subject. The information is provided to facilitate planning for preparing the environmental and

permitting documentation that may be required. Ongoing rulemaking may influence the applica-

bility and completeness of the environmental and permitting requirements that must be satisfied

for specific fusion facilities. In addition, state and local regulations may impose additional

requirements and more stringent standards on those facilities. Requirements in this chapter are

only repeated here from original sources for user convenience and do not constitute new

requirements.

3.1 Federal Requirements

3.1.1 National Environmental Policy Act and Implementing Guidelines, Regulations, and

Orders

National Environmental Policy Act (NEPA) of 1969 (42 USC 4321 et seq.; 40 CFR 1500

1508) establishes national policies and goals for the protection of the environment. Section 102

requires Federal agencies to incorporate environmental considerations into their planning and

decision-making processes using a systematic interdisciplinary approach. The Council on

Environmental Quality (CEQ) regulations implementing NEPA (40 CFR 15001508) contain

action-forcing provisions to ensure that Federal agencies consider environmental information

before making decisions on proposed actions. The NEPA process includes decision points at

which the significance of environmental effects is considered, project alternatives are identified,

and any appropriate mitigation measures are identified and adapted. Title 10 CFR 1021 estab-

lishes DOE's policy of complying fully with NEPA, and DOE Order 451.1 describes the roles of

the various DOE offices in implementing the Act.

The NEPA review process consists of evaluating the potential environmental effects of a

Federal undertaking, establishing possible alternatives to the proposed action, and determining

the level of NEPA documentation required to proceed with the action. Three levels of NEPA

documentation include determination of categorical exclusion, preparation of an environmental

assessment/finding of no significant impact (EA/FONSI), and preparation of an environmental

impact statement/record of decision (EIS/ROD). For major Federal actions with the potential for

significant environmental impacts, an EIS is typically required.

The National Environmental Policy Act Compliance Program (10 CFR 1021, DOE Order

451.1) establishes procedures to implement NEPA, including the level of review necessary

under NEPA. This Order promotes smooth generation, review, and release of documents pur-

suant to NEPA and provides for the cooperation between various elements of DOE. Further

guidance on preparing EAs and EISs is provided in DOE's NEPA "Greenbook" (DOE, 1993b).

Executive Order 12114, "Environmental Effects Abroad of Major Federal Actions"

(44 FR 1957), establishes procedural and other actions to be taken by Federal agencies to