What Happened?

If you work at or live near a nuclear fuel reprocessing plant, the federal rules on how closely the government tracks radioactive material in the plant could be about to change, according to a Legis1 review of a federal regulatory petition. ​

The Nuclear Regulatory Commission (NRC) is seeking to operate irradiated fuel reprocessing plants without its most stringent nuclear material-tracking requirements. Howard L. Hall, Ph.D., filed the petition, and the NRC docketed it on 14th September, asking the public whether it should end a roughly 40-year exemption that has permitted reprocessing.

The petition asks the NRC to make four changes:

  • Remove the exemption: bring reprocessing plants dealing with large quantities of strategic nuclear material into the highest tier of tracking.
  • Set a clear boundary: Don't allow a facility to be subject to two different tiers of requirements at the same time.
  • Add reprocessing-specific rules: require near real-time material tracking and incorporate appropriate safeguards into the facility design from the outset.
  • Cover the smaller operations: set appropriate requirements for research and pilot-scale reprocessing facilities.

Why Does it Matter to Me?

The exemption dates back to the mid-1980s, when the NRC determined that commercial reprocessing was not going to happen in the near term and exempted those plants from the most stringent material control and accounting requirements.

The petitioner submits that the gap is now a problem. Large-scale reprocessing would involve what regulators would categorize as "formula quantities of strategic special nuclear material" (a higher-risk category), but the rules that apply were written for lower-risk material. The petitioner argues that the tighter rules would "reduce the long-term burden on applicants, improve the effectiveness of the safeguards and bring the regime into line with the current state of play in the national nuclear fuel cycle".

Both Sides, Now

The case for change is in part based on recent federal actions: the Executive Order signed May 29, 2025, which directed the deployment of advanced nuclear reactor technologies for national security purposes, coupled with Department of Energy solicitations, led the petitioner to conclude that reprocessing has become viable.

Opponents would argue that reprocessing plants shouldn't be placed into the most stringent material control and accounting regime. A HSE investigation found that a leak at the Sellafield THORP plant in the UK (discovered in April 2005) went undetected for months, and accounting discrepancies went unaddressed.

The NRC's notice contains no cost estimates or regulatory impact analysis, so the cost to any facility subject to the new requirements is not yet known.

What Happens Next?

Public comments are due 23rd November, and as of 5th November, only two have been received. Comments can be submitted at regulations.gov under Docket ID NRC-2026-4456.

After public comments are due on Nov. 23rd, the NRC will determine whether the issues warrant rulemaking. If the NRC completes such rulemaking, reprocessing plants would be subject to Subpart E or its equivalent.

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