Sunday, August 16, 2026

NRC-2025-0478 - Regulatory changes will ignore NEPA! Comments due August 21, 2026!

Post comments here: https://www.regulations.gov/document/NRC-2025-0478-0001 (All quotes are from this proposed rule)

Note: This comment was submitted today; NRC tracking number: msw-mdrs-f9e6

Re: NRC-2025-0478-0001

August 16, 2026

We strongly oppose the proposed change to Part 51 of 10CFR (Code of Federal Regulations) as described in NRC-2025-0478-0001 because it would weaken enforcement of the National Environmental Policy Act (NEPA).

NEPA can only be changed by Congress, and federal regulations must comply with NEPA. Specifically, NEPA requires all agencies to consider the full scope of environmental impacts when approving a project, and this requirement has been repeatedly upheld by the courts. In addition, any federal agency that proposes to modify regulations that impact NEPA enforcement must define how the revised regulations comply with NEPA.

The proposed modification to Part 51 would potentially allow the NRC to ignore NEPA violations that are not directly related to radiation exposures. However, it is impossible to regulate a process under NEPA by abdicating responsibility for some of the environmental impacts, and many non-radiological environmental impacts are the direct result of the processes that the NRC (and in many cases ONLY the NRC) is regulating. For example, any facility that produces reactor fuel or processes nuclear waste uses a witch's brew of chemicals which are hazardous to the environment and all living things.

In addition, many radioactive materials, such as uranium and plutonium, are heavy metals which are inherently damaging to living things, independent of their radioactivity. This means that every nuclear reactor the NRC licenses has the potential to violate non-radiological NEPA requirements. There is no indication that the NRC plans to consider the environmental and health damage caused by heavy metals.

NRC licensed facilities may also have significant impacts on related environmental factors such as air and water quality. Based on the historical record and the documentation provided, some of these factors will be considered some of the time (e.g., some impacts from uranium mining are explicitly included), but the NRC has not specified to what extent air and water quality and other environmental factors will be considered for future projects. For example, it states: "... the NRC's evaluation ... would focus on those radiological effects that the NRC has the substantive statutory authority to regulate (e.g., radiological impacts and, in some cases, the impact of chemical hazards of radiological materials), as described in the definition of 'effects' in § 51.4." (IV. Discussion, 1. Definitions (§ 51.4)). The proposed regulation relies on yet-to-be-written examples, which means the public cannot effectively comment on those parts of the regulation. For example, "The NRC is proposing to include in § 51.19 an illustrative list of the types of actions that are generally considered “major,” such as an application for a new license ... " (IV. Discussion, 2. Determining When NEPA Applies (§ 51.19)).

Finally, the NRC has released multiple overlapping proposed rule changes in 2026, but has not explained how these rules would interact. For example, how would proposed changes to Part 51 interact with proposed changes to Part 54 which would potentially allow 40-year license renewals? Would the radioactivity that could be released during a meltdown be considered under the proposed changes to Part 51? Would the increased likelihood of a meltdown after one or more 40-year license renewals be part of the environmental review for Part 51 or Part 54?

During a public meeting on one of the many recent proposed rule changes, the NRC stated that NEPA requirements from all federal agencies would be coordinated, but did not explain how the coordination would happen or which agency would be responsible for enforcing the requirements. Similarly, the NRC made it clear that order of finalization for the overlapping regulations matters -- as soon as any proposed rule is finalized (or removed), all subsequent rules have to incorporate (or disassociate) the provisions of that rule. The public is being asked to comment on proposed regulations that may change based on the timeline of other proposed regulations.

State Attorneys General from at least two states (Illinois and Massachusetts) have also raised concerns about overlapping comment periods, and have specifically requested an extension of the comment period for this proposed change to Part 51. We support this request, and further request an opportunity for public comment on the combined/coordinated regulations before they are finalized.

We incorporate by reference and adopt as our own the comments submitted by Lynda Williams, Nuclear Free Hawaii (https://www.regulations.gov/comment/NRC-2025-0478-0002 tracking #: mrc-rvaa-hstx) and Fred Schofer (https://www.regulations.gov/comment/NRC-2025-0478-0027 tracking #: msp-1xfm-kpf8).

Sharon and Ace Hoffman, Carlsbad, California USA

Note: No Artificial Intelligence (AI) or Large Language Model (LLM) was used in the creation of these comments.

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Contact information for the author of this newsletter:

Ace Hoffman
Carlsbad, California USA
Author, The Code Killers:
An Expose of the Nuclear Industry
Free download: acehoffman.org
Blog: acehoffman.blogspot.com
YouTube: youtube.com/user/AceHoffman
Email: ace [at] acehoffman.org
Founder & Owner, The Animated Software Company



Proposed Nuclear Waste Containment Rules Weaken Protection! Comments due MONDAY August 17, 2026 re: NRC-2011-0012-0205

Post comments here: https://www.regulations.gov/document/NRC-2011-0012-0205

The following comment was left at the NRC web site, with confirmation code msw-80eh-o2ex:

We strongly oppose NRC-2011-0012-0205, which would modify current regulations for radioactive waste disposal and redefine low-level radioactive waste to cover some Greater-Than-Class C (GTCC) waste including "... certain transuranic wastes." If this proposal is approved, the modifications to Part 61 of Title 10 (Energy) of the Code of Federal Regulations (CFR) would allow these transuranics, including Plutonium to be disposed of as Low Level Waste (LLW), while at the same time allowing " ... higher concentrations of waste, providing new alternatives for safe low-level waste management."

Redefining GTCC waste makes the problem of radioactive contamination in the environment worse, not better, and these "new alternatives" should be abandoned now (rather than losing track of the waste's location and composition 500 (or 10,000 or more) years from now).

Existing and proposed Part 61 regulations are supposed to protect the environment for AT LEAST 10,000 years, but only require the waste to be protected from "intrusion" for the first 500 years. The oldest pyramids are nearly 5,000 years old. One would think a society with five millennia to perfect containment, that ALSO chooses to work with plutonium — the most toxic (carcinogenic, mutagenic, etc.) and insidious (human senses cannot detect radiation) — element ever conceived, discovered, or created — could — and would — be able to create and guarantee the workability of 10,000-year containment. Or know not create the mess in the first place.

Plutonium-239 has a half-life of 24,100 years and radioactive materials are considered dangerous for at least 10-20 half-lives. The possibility of using low-level radioactive waste facilities to store GTCC waste that includes transuranics means that the waste would remain hazardous for hundreds of millennia. By then any "near-surface" containment might well be fully exposed through surface erosion, earthquakes, thermonuclear war, or under water, or in the middle of a city or farm. The proposed regulation ignores this reality, and states that: "The disposal depth will need to be maintained for as long as the waste is hazardous."

What are the design criteria for something that needs to contain lethal poison essentially forever, and what types of intrusion will it be protected from? The regulations describe intrusion by humans (whether deliberate on inadvertent), but it's easy to envision an animal intruding into a structure where concrete was cracked (perhaps by a tree root and/or an earthquake and/or the degradation of the containment caused by the radioactivity contained within) in far less than 500 years. The proposed regulations defer actual rules with vague statements such as: "Depending on the characteristics of the GTCC waste, an applicant would be able to identify in the technical analyses those additional barriers or performance characteristics that are necessary to provide protection, such as a greater disposal depth or an intruder barrier of greater longevity."

One reason the Nuclear Regulatory Commission (NRC) is proposing changes to Part 61 is: " ... GTCC waste streams are stranded at operating reactors, sealed-source facilities, and Department of Energy (DOE) facilities." At the same time, the NRC describes the proposed changes to Part 61 as providing: " ... a clear licensing pathway for the back end of the fuel cycle." and a solution for: "... all nuclear waste except spent nuclear fuel and high-level radioactive waste." This statement makes it clear that the NRC recognizes that there is not even a plan for disposing of spent nuclear fuel and yet, the agency continues to promote its role in "... activities [that] will help reestablish the United States as a global nuclear energy leader".

America can lead the world in nuclear technology by properly guarding future generations against the mistakes we have made today, and by not continuing to make more nuclear waste with no safe solution possible.

We incorporate by reference and adopt as our own the comments submitted by Fred Schofer (https://www.regulations.gov/comment/NRC-2011-0012-0213 tracking #: msi-z9bz-26ms)

Sharon and Ace Hoffman, Carlsbad, California USA

(All quotes are from the docket materials at: https://www.regulations.gov/document/NRC-2011-0012-0205)

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Contact information for the author of this newsletter:

Ace Hoffman
Carlsbad, California USA
Author, The Code Killers:
An Expose of the Nuclear Industry
Free download: acehoffman.org
Blog: acehoffman.blogspot.com
YouTube: youtube.com/user/AceHoffman
Email: ace [at] acehoffman.org
Founder & Owner, The Animated Software Company



Friday, August 14, 2026

Small Modular Reactors (SMRs) are large, complex, risky, inefficient — and misnamed on purpose!

Small Modular Reactors are misnamed. Not just that the word "Nuclear" is missing, but that's true too. They should be called Slightly Smaller And Less Efficient Nuclear Reactors (SSALENRs). There is nothing "modular" to them — at least not yet (and probably never).

"Modular" refers to the idea that so many of them will be built, that they'll be coming off an assembly line like cars do. But not one has been built, and it's pretty much guaranteed that the first few designs that they start to "mass-produce" will be changed and tweaked many times before — and if — they ever reach the assembly-line stage of development.

They are called "small" so that the public will accept them as not being the ridiculous behemoths like a typical large nuclear reactor — a Pressurized Water Reactor (PWR) or a Boiling Water Reactor (BWR).

The claim of the SMR community is that without a huge dome and hundreds of employees maintaining everything (and hundreds more during fuel swaps every 18 months to two years or so), these "Small" nuclear reactors will be cheaper to build, cheaper to run, and somehow easier to dispose of.

But the reality is completely different. All SMR designs are invariably quite large, extremely complex, completely inefficient, totally non-existent, extremely dangerous, highly toxic, and — ultimately — unneeded.

Below is one of dozens of new SMR designs. This one is being promoted by a company in Canada that acquired the design from another company (that was probably glad to get rid of it!).

Looks complicated, doesn't it? That's because it is.

Not shown is the turbine, the switchyard, the steam generators (assuming it's a PWR). No control room, either by design (operated "remotely") or operated entirely by "AI" (as if reliable AI exists). The reactor design shown above is called a "Stable Salt Reactor - Wasteburner (SSR-W), a molten salt fast reactor technology using recycled nuclear waste as fuel."

If that sounds simple, I have a bridge to sell you — no rivets!

The SSR-W, like all SMRs, will require a spent reactor fuel reprocessing system, which would be complex, dirty, and expensive.

Molten salt is not stable: It's explosive in air. So ANY leak of this design is liable to be catastrophic (which is why molten salt reactors aren't a thing, despite numerous attempts at large-scale molten salt reactors over the years).

This reactor design also has additional "molten salt fuel in arrays of standard fuel pins" surrounded by the molten salt primary coolant, which is hardly a very detailed description. The process of manufacturing the "fuel pellets" after "reprocessing" the spent fuel from other reactors is bound to be a very dangerous (and dirty). So-called "reprocessing" of spent fuel results in additional highly toxic waste streams of fission products and a deadly rainbow of toxic chemical waste products.

And all this won't have hundreds of people maintaining it, or so we're promised. In other words, maintenance will be minimal, despite the complexity and newness of the design.

Once used, the reactor will be radioactive, without sufficient containment, too radioactive to move safely anywhere, and all the steel and other components will also be radioactive, the metal will be unusable for anything else (including another reactor), and a lot of money will have been wasted (once again).

Like all SMRs, it's all just so much hype. Shown below are numerous attempts at other "small" reactors. Most were complete failures, all produce nuclear waste, none have ever been "cost-effective" and none ever can be, since wind and solar energy is so cheap in comparison to any SMR, PWR or BWR (hydro is even cheaper where it's available).

Ace Hoffman, Carlsbad, California USA

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Contact information for the author of this newsletter:

Ace Hoffman
Carlsbad, California USA
Author, The Code Killers:
An Expose of the Nuclear Industry
Free download: acehoffman.org
Blog: acehoffman.blogspot.com
YouTube: youtube.com/user/AceHoffman
Email: ace [at] acehoffman.org
Founder & Owner, The Animated Software Company