Nuclear Energy Permitting and Licensing Process in Texas

The Texas Advanced Nuclear Energy Office (TANEO) provides guidance and coodination for navigating nuclear permitting in Texas, helping project developers move efficiently from concept to construction. Nuclear facilities must comply with federal licensing through the U.S. Nuclear Regulatory Commission (NRC), while also meeting applicable state and local requirements related to environmental review, water use, and infrastructure. TANEO serves as a resource for understanding this multi-layered process, connecting stakeholders with the right agencies, streamlining communication, and supporting timely, responsible deployment of advanced nuclear energy projects across Texas.

Texas is an Agreement State with the U.S. Nuclear Regulatory Commission. The scope of these agreements is limited to industrial, medical, commercial, and research uses of agreement material (i.e., source, byproduct, and small quantities of special nuclear material as identified in Section 274b. of the Atomic Energy Act.

Texas' state-level regulatory and permitting process for nuclear related projects generally include the following state agencies:

Railroad Commission of Texas (RRC) regulates the disposal of oil and gas waste that contains naturally occurring radioactive material (NORM). The RRC works with the DSHS to ensure that radioactive materials and other radiation sources associated with oil and gas operations are properly regulated. The RRC also permits uranium exploration in Texas.
Texas Commission on Environmental Quality (TCEQ) licenses low-level radioactive waste disposal (including legacy buried waste sites), by-product material disposal, alternative methods of disposal of radioactive material, radioactive waste storage, and processing. Additionally, TCEQ does not regulate nuclear energy generation, but rather regulates generic activities that are associated with nuclear energy projects, such as stormwater or wastewater permits. TCEQ also regulates the extraction of uranium, which in Texas is almost exclusively done via In-Situ Recovery (ISR).
Texas Department of State Health Services | Radiation Control (DSHS) regulates and licenses processing, receiving, using, handling, transferring, transporting, and storing radioactive material, including low-level radioactive waste and naturally occurring radioactive material (NORM). This does not include radioactive material received by a licensed by-product material or low-level radioactive waste disposal facility regulated by TCEQ. DSHS also registers radiation-producing equipment.
Texas Low Level Radioactive Waste Disposal Compact Commission (TLLRWDCC) is a regulatory body established to manage and oversee the disposal of low-level radioactive waste (LLRW) for its member states - Texas (the host) and Vermont. The TLLRWDCC has several critical administrative and oversight responsibilities for nuclear energy projects. The TLLRWDCC reviews and votes on petitions to import waste from non-member states or export waste generated within the compact to outside facilities; ensures that waste from non-host states (Vermont) does not exceed 20% of the host facility's projected volume; and establishes rules and policies to carry out its statutory duties, including setting reporting requirements for waste entering the host state.
The Texas Radiation Advisory Board (TRAB) reviews and evaluates state radiation policies, programs, and proposed rules. The TRAB also makes recommendations and provides technical advice that may be required on matters relating to development, use, and regulation of sources of radiation. The TRAB's 19 members, representing a swath of sectors that dal with the safe application of radiation, are the state's advisors on all radiation issues.

Have questions about where to start in the licensing and permitting process in Texas or in need of assistance navigating the state regulatory processes for your nuclear project?