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The following background information and question are
presented to obtain opinions on the scope of 40 CFR 190 to a decommissioning
facility.
Background
Information
A nuclear reactor was licensed by the Atomic Energy
Commission in the late 1950's to mid 1960's. The facility was shut down
and all fissile material removed from the facility in the late 1960's. The
reactor did produce power that was used by a corporation, and possibly the
public. The facility Atomic Energy Commission license was terminated in
the late 1960's when all fissile material was removed from the facility and an
agreement state license was implemented for the remaining radioactive material
at the site. Decommissioning activities are performed under the agreement
state license.
Question
Is the facility subject to the provisions of 40 CFR 190
based 40 CFR 190.01 and 190.02 illustrated below?
§ 190.01 Applicability. The provisions of this part apply to radiation doses received by members of the public in the general environment and to radioactive materials introduced into the general environment as the result of operations which are part of a nuclear fuel cycle.
§ 190.02 Definitions. (a) Nuclear fuel cycle means the operations defined to be associated with the production of electrical power for public use by any fuel cycle through utilization of nuclear energy. (b) Uranium fuel cycle means the operations of milling of uranium ore, chemical conversion of uranium, isotopic enrichment of uranium, fabrication of uranium fuel, generation of electricity by a light-water-cooled nuclear power plant using uranium fuel, and reprocessing of spent uranium fuel, to the extent that these directly support the production of electrical power for public use utilizing nuclear energy, but excludes mining operations, operations at waste disposal sites, transportation of any radioactive material in support of these operations, and the reuse of recovered non-uranium special nuclear and by-product materials from the cycle.
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