TITLE 10 - ENERGY

CHAPTER I - NUCLEAR REGULATORY COMMISSION

PART 61 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

subpart a - GENERAL PROVISIONS

61.1 - Purpose and scope.

  (a) The regulations in this part establish, for land disposal of radioactive waste, the procedures, criteria, and terms and conditions upon which the Commission issues licenses for the disposal of radioactive wastes containing byproduct, source and special nuclear material received from other persons. Disposal of waste by an individual licensee is set forth in part 20 of this chapter. Applicability of the requirements in this part to Commission licenses for waste disposal facilities in effect on the effective date of this rule will be determined on a case-by-case basis and implemented through terms and conditions of the license or by orders issued by the Commission.

  (b) Except as provided in part 150 of this chapter, which addresses assumption of certain regulatory authority by Agreement States, and 61.6 Exemptions, the regulations in this part apply to all persons in the United States. The regulations in this part do not apply to (1) Disposal of high-level waste as provided for in part 60 or 63 of this chapter; (2) Disposal of uranium or thorium tailings or wastes (byproduct material as defined in 40.4 (a-1) as provided for in part 40 of this chapter in quantities greater than 10,000 kilograms and containing more than 5 millicuries of radium-226; or (3) Disposal of licensed material as provided for in part 20 of this chapter.

  (c) This part also gives notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's or applicant's activities subject to this part, that they may be individually subject to NRC enforcement action for violation of 61.9b.

[47 FR 57463, Dec. 27, 1982, as amended at 56 FR 40690, Aug. 15, 1991; 63 FR 1898, Jan. 13, 1998; 66 FR 55791, Nov. 2, 2001]