'Making America Unsafe Again': Alarm Over Environmental Review Exemption for Nuclear Reactors

Less than a week after NPR revealed that "the Trump administration has overhauled a set of nuclear safety directives and shared them with the companies it is charged with regulating, without making the new rules available to the public," the US Department of Energy announced Monday that it is allowing firms building experimental nuclear reactors to seek exemptions from legally required environmental reviews.

Citing executive orders signed by President Donald Trump in May, a notice published in the Federal Register states that the DOE "is establishing a categorical exclusion for authorization, siting, construction, operation, reauthorization, and decommissioning of advanced nuclear reactors for inclusion in its National Environmental Policy Act (NEPA) implementing procedures."

NEPA has long been a target of energy industries and Republican elected officials, including Trump. The exemption policy has been expected since Trump's May orders—which also launched a DOE pilot program to rapidly build the experimental reactors—and the department said in a statement that even the exempted reactors will face some reviews.

"The US Department of Energy is establishing the potential option to obtain a streamlined approach for advanced nuclear reactors as part of the environmental review performed under NEPA," the DOE said. "The analysis on each reactor being considered will be informed by previously completed environmental reviews for similar advanced nuclear technologies."

"The fact is that any nuclear reactor, no matter how small, no matter how safe it looks on paper, is potentially subject to severe accidents."

However, the DOE announcement alarmed various experts, including Daniel P. Aldrich, director of the Resilience Studies Program at Northeastern University, who wrote on social media: "Making America unsafe again: Trump created an exclusion for new experimental reactors from disclosing how their construction and operation might harm the environment, and from a written, public assessment of the possible consequences of a nuclear accident."

Foreign policy reporter Laura Rozen described the policy as "terrifying," while Paul Dorfman, chair of the Nuclear Consulting Group and a scholar at the University of Sussex's Bennett Institute for Innovation and Policy Acceleration, called it "truly crazy."

As NPR reported Monday:

Until now, the test reactor designs currently under construction have primarily existed on paper, according to Edwin Lyman, director of nuclear power safety at the Union of Concerned Scientists, a nonprofit environmental advocacy group. He believes the lack of real-world experience with the reactors means that they should be subject to more rigorous safety and environmental reviews before they're built.

"The fact is that any nuclear reactor, no matter how small, no matter how safe it looks on paper, is potentially subject to severe accidents," Lyman said.

"I think the DOE's attempts to cut corners on safety, security, and environmental protections are posing a grave risk to public health, safety, and our natural environment here in the United States," he added.

Lyman was also among the experts who criticized changes that NPR exposed last week, after senior editor and correspondent Geoff Brumfiel obtained documents detailing updates to "departmental orders, which dictate requirements for almost every aspect of the reactors' operations—including safety systems, environmental protections, site security, and accident investigations."

While the DOE said that it shared early versions of the rules with companies, "the reduction of unnecessary regulations will increase innovation in the industry without jeopardizing safety," and "the department anticipates publicly posting the directives later this year," Brumfiel noted that the orders he saw weren't labeled as drafts and had the word "approved" on their cover pages.

In a lengthy statement about last week's reporting, Lyman said on the Union of Concerned Scientists website that "this deeply troubling development confirms my worst fears about the dire state of nuclear power safety and security oversight under the Trump administration. Such a brazen rewriting of hundreds of crucial safeguards for the public underscores why preservation of the Nuclear Regulatory Commission (NRC) as an independent, transparent nuclear regulator is so critical."

"The Energy Department has not only taken a sledgehammer to the basic principles that underlie effective nuclear regulation, but it has also done so in the shadows, keeping the public in the dark," he continued. "These long-standing principles were developed over the course of many decades and consider lessons learned from painful events such as the Chernobyl and Fukushima disasters. This is a massive experiment in the deregulation of novel, untested nuclear facilities that could pose grave threats to public health and safety."

"These drastic changes may extend beyond the Reactor Pilot Program, which was created by President Trump last year to circumvent the more rigorous licensing rules employed by the NRC," Lyman warned. "While the DOE created a legally dubious framework to designate these reactors as 'test' reactors to bypass the NRC's statutory authority, these dramatic alterations may further weaken standards used in the broader DOE authorization process and propagate across the entire fleet of commercial nuclear facilities, severely degrading nuclear safety throughout the United States."