Criteria for a Commission determination.

CFR · 2024-01-01 · US · Title 10

(a) In making the determination required by § 62.21(a) of this part, the Commission will determine whether the circumstances described in the request for emergency access create a serious and immediate threat to the public health and safety or the common defense and security. (b) In making the determination that a serious and immediate threat exists to the public health and safety, the Commission will consider, notwithstanding the availability of any alternative identified in § 62.13 of this part: (1) The nature and extent of the radiation hazard that would result from the denial of emergency access, including consideration of— (i) The standards for radiation protection contained in part 20 of this chapter; (ii) Any standards governing the release of radioactive materials to the general environment that are applicable to the facility that generated the low level waste; and (iii) Any other Commission requirements specifically applicable to the facility or activity that is the subject of the emergency access request; and (2) The extent to which essential services affecting the public health and safety (such as medical, therapeutic, diagnostic, or research activities) will be disrupted by the denial of emergency access. (c) For purposes of granting temporary emergency access under § 62.23 of this part, the Commission will consider the criteria contained in the Commission's Policy Statement (45 FR 10950, February 24, 1977) for determining whether an event at a facility or activit

official document · source cfr-2024 · id 10:§ 62.25