(a) Each licensee shall conduct operations so that—
(1) The total effective dose equivalent to individual members of the public from the licensed operation does not exceed 0.1 rem (1 mSv) in a year, exclusive of the dose contributions from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released under § 35.75, from voluntary participation in medical research programs, and from the licensee's disposal of radioactive material into sanitary sewerage in accordance with § 20.2003, and
(2) The dose in any unrestricted area from external sources, exclusive of the dose contributions from patients administered radioactive material and released in accordance with § 35.75, does not exceed 0.002 rem (0.02 millisievert) in any one hour.
(b) If the licensee permits members of the public to have access to controlled areas, the limits for members of the public continue to apply to those individuals.
(c) Notwithstanding paragraph (a)(1) of this section, a licensee may permit visitors to an individual who cannot be released, under § 35.75, to receive a radiation dose greater than 0.1 rem (1 mSv) if—
(1) The radiation dose received does not exceed 0.5 rem (5 mSv); and
(2) The authorized user, as defined in 10 CFR Part 35, has determined before the visit that it is appropriate.
(d) A licensee or license applicant may apply for prior NRC authorization to operate up to an annual dose limit for an individual member of the public of 0.5 rem (5 mSv). The licensee or license applicant shall include the following information in this application:
(1) Demonstration of the need for and the expected duration of operations in excess of the limit in paragraph (a) of this section;
(2) The licensee's program to assess and control dose within the 0.5 rem (5 mSv) annual limit; and
(3) The procedures to be followed to maintain the dose as low as is reasonably achievable.
(e) In addition to the requirements of this part, a licensee subject to the provisions of EPA's generally applicable environmental radiation standards in 40 CFR part 190 shall comply with those standards.
(f) The Commission may impose additional restrictions on radiation levels in unrestricted areas and on the total quantity of radionuclides that a licensee may release in effluents in order to restrict the collective dose.
[56 FR 23398, May 21, 1991, as amended at 60 FR 48625, Sept. 20, 1995; 62 FR 4133, Jan. 29, 1997; 67 FR 20370, Apr. 24, 2002; 67 FR 62872, Oct. 9, 2002]
Notes of Decisions
Dailey v. Bridgeton Landfill, LLC, 299 F. Supp. 3d 1090 (E.D. Mo. 2017).
· cites it 3× “10 C.F.R. § 20.1301 (a)(1). According to the amended complaint, the Daileys' property has been "contaminated by radioactive material in amounts greater than allowed under federal safety regulations for unrestricted use" and this has resulted in the Daileys being exposed to "a…”
Carey v. Kerr-McGee Chem. Corp., 60 F. Supp. 2d 800 (N.D. Ill. 1999).
· cites it 3× “” 10 C.F.R. § 20.1301 (a)(1). Prior to 1994, the standard was set at 0.”
Good v. Fluor Daniel Corp., 222 F. Supp. 2d 1236 (E.D. Wash. 2002).
· cites it 2× “In their place, the Code of Federal Regulations contains 10 C.F.R. § 20.1301 , which requires licensees to conduct operations so that “[t]he total effective dose equivalent to individual members of the public from the licensed operation does not exceed 0.”
United States v. Alfonso Camacho, 368 F.3d 1182 (9th Cir. 2004).
“See 10 C.F.R. § 20.1301 (a)(2) (providing the maximum hourly radiation dose limit for members of the public).”
McLandrich v. S. California Edison Co., 942 F. Supp. 457 (S.D. Cal. 1996).
· cites it 2× “Subpart D of those regulations, 10 C.F.R. § 20.1301 , et seq. is entitled "Radiation Dose Limits for Individual Members of the Public,” and sets, for individual members of the public, an annual limit of 0.”
Dumontier v. Schlumberger Tech. Corp., 543 F.3d 567 (9th Cir. 2008).
“1201 (a)(l)(i) (limiting occupational exposure to 5 rem per year) with 10 C.F.R. § 20.1301 (a)(1) (limiting exposure for members of the public to 0.”
Adkins v. Chevron Corp., 960 F. Supp. 2d 761 (E.D. Tenn. 2012).
“The permissible dose limits are found at 10 C.F.R. § 20.1301 (“Dose limits for individual members of the public”) and at 10 C.”
McGlone v. Centrus Energy Corp. (S.D. Ohio 2022).
· cites it 22× “Next, while the Plaintiffs acknowledge that 10 CFR § 20.1301 is the proper regulatory directive promulgated by the NRC, they contend it is part (e) rather than part (a) that is controlling.”
In Re: Tmi, 67 F.3d 1103 (3rd Cir. 1995).
“See 10 C.F.R. § 20.1301 (1995); 56 Fed.Reg. 23398 (1991).”
— 10 C.F.R. § 20.1301(a) — 1 case
McGlone v. Centrus Energy Corp. (S.D. Ohio 2022).
“Next, while the Plaintiffs acknowledge that 10 CFR § 20.1301 is the proper regulatory directive promulgated by the NRC, they contend it is part (e) rather than part (a) that is controlling.”
— 10 C.F.R. § 20.1301(a)(1) — 1 case
McGlone v. Centrus Energy Corp. (S.D. Ohio 2022).
“Next, while the Plaintiffs acknowledge that 10 CFR § 20.1301 is the proper regulatory directive promulgated by the NRC, they contend it is part (e) rather than part (a) that is controlling.”
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