---
kind: "section"
citation: "10 C.F.R. § 62.25"
title: "10"
number: "62.25"
heading: "Criteria for a Commission determination."
url: "https://uscodex.org/cfr/10/62.25"
---

# §62.25. Criteria for a Commission determination.

- (a) In making the determination required by [§ 62.21(a)](/cfr/10/62.21.md?p=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](/cfr/10/62.13.md) 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](/cfr/10/part20.md) 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](/cfr/10/62.23.md) 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 activity licensed or otherwise regulated by the Commission is an abnormal occurrence within the purview of section 208 of the Energy Reorganization Act of 1974.
- (d) In making the determination that a serious and immediate threat to the common defense and security exists, the Commission will consider, notwithstanding the availability of any alternative identified in [§ 62.13](/cfr/10/62.13.md) of this part:
  - (1) Whether the activity generating the wastes is necessary to the protection of the common defense and security, and
  - (2) Whether the lack of access to a disposal site would result in a significant disruption in that activity that would seriously threaten the common defense and security.
- (e) In making the determination required by [§ 62.21(a)(2)](/cfr/10/62.21.md?p=a-2) of this part, the Commission will consider whether the person submitting the request—
  - (1) Has identified and evaluated any alternative that could mitigate the need for emergency access; and
  - (2) Has considered all pertinent factors in its evaluation of alternatives including state-of-the-art technology and impacts on public health and safety.
- (f) In making the determination required by [§ 62.21(a)(2)](/cfr/10/62.21.md?p=a-2) of this part, the Commission will consider implementation of an alternative to be unreasonable if:
  - (1) It adversely affects public health and safety, the environment, or the common defense and security; or
  - (2) It results in a significant curtailment or cessation of essential services, affecting public health and safety or the common defense and security; or
  - (3) It is beyond the technical and economic capabilities of the person requesting emergency access; or
  - (4) Implementation of the alternative would conflict with applicable State or local or Federal laws and regulations; or
  - (5) **It cannot be implemented in a timely manner.**
- (g) The Commission shall make an affirmative determination under [§ 62.21(a)](/cfr/10/62.21.md?p=a) of this part only if all of the alternatives that were considered are found to be unreasonable.
- (h) As part of its mandated evaluation of the alternatives that were considered by the generator, the Commission shall consider the characteristics of the wastes (including: physical properties, chemical properties, radioactivity, pathogenicity, infectiousness, and toxicity, pyrophoricity, and explosive potential); condition of current container; potential for contaminating the disposal site; the technologies or combination of technologies available for treatment of the waste (including incinerators; evaporators-crystallizers; fluidized bed dryers; thin film evaporators; extruders, evaporators; and Compactors); the suitability of volume reduction equipment to the circumstances (specific activity considerations, actual volume reduction factors, generation of secondary wastes, equipment contamination, effluent releases, worker exposure, and equipment availability); and the administrative controls which could be applied, in making a determination whether waste to be delivered for disposal under this part has been reduced in volume to the maximum extent practicable using available technology.

## Notes

### Authority

Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 2201); Energy Reorganization Act of 1974, secs. 201 (42 U.S.C. 5841); Low-Level Radioactive Waste Policy Amendments Act of 1985, secs. 2, 6 (42 U.S.C. 2021b, 2021f); 44 U.S.C. 3504 note.

### Source

Source: 54 FR 5420, Feb. 3, 1989, unless otherwise noted.