10 C.F.R. § 35.92

Decay-in-storage

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(a) A licensee may hold byproduct material with a physical half-life of less than or equal to 120 days for decay-in-storage before disposal without regard to its radioactivity if it—

(1) Monitors byproduct material at the surface before disposal and determines that its radioactivity cannot be distinguished from the background radiation level with an appropriate radiation detection survey meter set on its most sensitive scale and with no interposed shielding; and

(2) Removes or obliterates all radiation labels, except for radiation labels on materials that are within containers and that will be managed as biomedical waste after they have been released from the licensee.

(b) A licensee shall retain a record of each disposal permitted under paragraph (a) of this section in accordance with § 35.2092.

[67 FR 20370, Apr. 24, 2002, as amended at 72 FR 45151, Aug. 13, 2007]

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: United States v. Energy Solutions, Inc., 265 F. Supp. 3d 415 (D. Del. 2017).

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United States v. Energy Solutions, Inc., 265 F. Supp. 3d 415 (D. Del. 2017). “212 at 305:13-16; 10 C.F.R. § 35.92 (allowing decay in storage for medical waste • that has a half-life of 120 days)) Nuclear power plants use radionuclides that have half-lives of 100 to 5,000 years.”

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