Why It Matters
The Nuclear Regulatory Commission is seeking public comment on whether it should subject irradiated fuel reprocessing plants to the federal government's most stringent nuclear material control and accounting requirements, potentially ending an exemption that has stood for roughly four decades.
The petition, filed by Howard L. Hall, Ph.D., asks the NRC to remove reprocessing facilities from the exclusion in 10 CFR § 74.51(a), which has exempted them from the highest-tier material control and accounting requirements since the mid-1980s, when the NRC considered commercial reprocessing unlikely in the near future.
The petitioner argues that recent federal actions, including Executive Order 14299, "Deploying Advanced Nuclear Reactor Technologies for National Security," signed May 29, 2025, along with Department of Energy solicitations and emerging commercial proposals, demonstrate that reprocessing "has become viable."
The Big Picture
The NRC docketed the petition as PRM-74-1 on Sept. 14 and is soliciting public comment to determine whether to initiate rulemaking that could bring large-scale reprocessing facilities under subpart E of 10 CFR Part 74, the framework governing licensees possessing formula quantities of strategic special nuclear material. The notice includes no cost estimates, affected-entity counts, or regulatory impact analysis. The NRC has not decided whether to proceed with rulemaking, and no new requirements are in force.
The petitioner contends that an updated framework would "reduce long-term burden on applicants, enhance safeguards effectiveness, and align the regulatory landscape with current national nuclear fuel cycle initiatives."
The Law Now and After
Under the current framework, 10 CFR § 74.51(a) explicitly excludes irradiated fuel reprocessing plants from subpart E, a carve-out added nearly 40 years ago when the NRC concluded that commercial reprocessing was unlikely in the near future.
Current regulations place reprocessing facilities under subpart D of 10 CFR Part 74, which governs special nuclear material of moderate strategic significance, even though large-scale reprocessing facilities would handle formula quantities of strategic special nuclear material, a higher-tier category. The petitioner argues that this creates a mismatch between the material quantities involved and the regulatory requirements applied.
If the NRC initiates and completes rulemaking along the lines the petition proposes, reprocessing facilities would instead be subject to subpart E or equivalent requirements under a new subpart. No new provisions are in force as a result of the notice; the existing subpart D framework remains applicable.
What the Petition Asks NRC to Do
The petition outlines four categories of proposed regulatory changes, including an alternative approach that would establish a separate framework for reprocessing plants.
- Remove "an irradiated fuel reprocessing plant" from the exclusion in § 74.51(a), bringing facilities possessing formula quantities of strategic special nuclear material under subpart E's requirements.
- Amend § 74.41(a) to establish an upper bound of less than five formula kilograms, preventing facilities from being subject to both subpart D and subpart E simultaneously.
- Add a new subpart E section establishing material control and accounting requirements specific to continuous chemical reprocessing, including near-real-time accountancy, quantitative targets for inventory difference uncertainty, process monitoring, safeguards-by-design at the construction stage and compatibility with international safeguards.
- Clarify requirements for research, development and pilot-scale reprocessing operations, including proportionate requirements for smaller-scale facilities. Alternatively, establish an entirely new subpart in 10 CFR Part 74 specifically for reprocessing plants.
The NRC is also seeking public input on whether large-scale reprocessing facilities could satisfy existing subpart D safeguards requirements without process monitoring and whether additional changes to material control and accounting regulations are necessary.
The Bottom Line
Two public comments were listed on the Federal Register notice as of Nov. 5. Comments on PRM-74-1 are due Nov. 23. Comments may be submitted through regulations.gov under Docket ID NRC-2026-4456. The NRC will consider the petition and public comments before determining whether the issues warrant rulemaking.
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