§51.21. Criteria for and identification of licensing and regulatory actions requiring environmental assessments. — Inbound Citations

(a) Until a record of decision is issued in connection with a proposed licensing or regulatory action for which an environmental impact statement is required under § 51.20, or until a final finding of no significant impact is issued in connection with a proposed licensing or regulatory action for which an environmental assessment is required under § 51.21:

(1) No action concerning the proposal may be taken by the Commission which would (i) have an adverse environmental impact, or (ii) limit the choice of reasonable alternatives.

(i) Have an adverse environmental impact; or

(ii) Limit the choice of reasonable alternatives that may be grounds for denial of the license. In the case of an application covered by § 30.32(f), § 40.31(f), § 50.10(c), § 53.1130, § 70.21(f), or § 72.16 and § 72.34 of this chapter, the provisions of this paragraph will be applied in accordance with § 30.33(a)(5), § 40.32(e), § 50.10(c), § 53.1130, § 70.23(a)(7), or § 72.40(b) of this chapter, as appropriate.

Before taking a proposed action subject to the provisions of this subpart, the appropriate NRC director will determine on the basis of the criteria and classifications of types of actions in §§ 51.20, 51.21 and 51.22 whether the proposed action is of the type listed in § 51.22(a) through (d) as a categorical exclusion or whether an environmental impact statement or an environmental assessment should be prepared. An environmental assessment is not necessary if it is determined that an environmental impact statement will be prepared.