---
kind: "section"
citation: "10 C.F.R. § 62.26"
title: "10"
number: "62.26"
heading: "Criteria for designating a disposal facility."
url: "https://uscodex.org/cfr/10/62.26"
---

# §62.26. Criteria for designating a disposal facility.

- (a) The Commission shall designate an appropriate non-Federal or regional disposal facility if an affirmative determination is made pursuant to [§ 62.21](/cfr/10/62.21.md), [§ 62.23](/cfr/10/62.23.md), or [§ 62.24](/cfr/10/62.24.md) of this part.
- (b) The Commission will exclude a disposal facility from consideration if:
  - (1) The low-level radioactive wastes of the generator do not meet the criteria established by the license agreement or the license agreement of the facility; or
  - (2) The disposal facility is in excess of its approved capacity; or
  - (3) Granting emergency access would delay the closing of the disposal facility pursuant to plans established before the receipt of the request for emergency access; or
  - (4) The volume of waste requiring emergency access exceeds 20 percent of the total volume of low-level radioactive waste accepted for disposal at the facility during the previous calendar year.
- (c) If, after applying the exclusionary criteria in [paragraph (b)](#b) of this section, more than one disposal facility is identified as appropriate for designation, the Commission will then consider additional factors in designating a facility or facilities including—
  - (1) Type of waste and its characteristics,
  - (2) Previous disposal practices,
  - (3) Transportation
  - (4) Radiological effects,
  - (5) Site capability for handling waste,
  - (6) The volume of emergency access waste previously accepted by each site both for the particular year and overall, and
  - (7) **Any other considerations deemed appropriate by the Commission.**
- (d) The Commission, in making its designation, will also consider any information submitted by the operating non-Federal or regional LLW disposal sites, or any information submitted by the public in response to a Federal Register notice requesting comment, as provided in [paragraph (b)](/cfr/10/62.11.md?p=b) of § 62.11 of this part.

## 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.