[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR20.1401]

[Page 337-338]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION--Table of Contents
 
        Subpart E--Radiological Criteria for License Termination
 
Sec. 20.1401  General provisions and scope.

    Source: 62 FR 39088, July 21, 1997, unless otherwise noted.


    (a) The criteria in this subpart apply to the decommissioning of 
facilities licensed under parts 30, 40, 50, 60, 61, 63, 70, and 72 of 
this chapter, as well as other facilities subject to the Commission's 
jurisdiction under the Atomic Energy Act of 1954, as amended, and the 
Energy Reorganization Act of 1974, as amended. For high-level and low-
level waste disposal facilities (10 CFR parts 60, 61, and 63), the 
criteria apply only to ancillary surface facilities that support 
radioactive waste disposal activities. The criteria do not apply to 
uranium and thorium recovery facilities already subject to Appendix A to 
10 CFR part 40 or to uranium solution extraction facilities.
    (b) The criteria in this subpart do not apply to sites which:
    (1) Have been decommissioned prior to the effective date of the rule 
in accordance with criteria identified in the Site Decommissioning 
Management Plan (SDMP) Action Plan of April 16, 1992 (57 FR 13389);
    (2) Have previously submitted and received Commission approval on a 
license termination plan (LTP) or decommissioning plan that is 
compatible with the SDMP Action Plan criteria; or

[[Page 338]]

    (3) Submit a sufficient LTP or decommissioning plan before August 
20, 1998 and such LTP or decommissioning plan is approved by the 
Commission before August 20, 1999 and in accordance with the criteria 
identified in the SDMP Action Plan, except that if an EIS is required in 
the submittal, there will be a provision for day-for-day extension.
    (c) After a site has been decommissioned and the license terminated 
in accordance with the criteria in this subpart, the Commission will 
require additional cleanup only if based on new information, it 
determines that the criteria of this subpart were not met and residual 
activity remaining at the site could result in significant threat to 
public health and safety.
    (d) When calculating TEDE to the average member of the critical 
group the licensee shall determine the peak annual TEDE dose expected 
within the first 1000 years after decommissioning.

[62 FR 39088, July 21, 1997, as amended at 66 FR 55789, Nov. 2, 2001]