The following licensees shall be exempt from this part:

1. (a) Sites that have been decommissioned prior to the effective date of the rule in 1992, in accordance with criteria identified in the site decommissioning management action plan (SDMP) action plan of April 16, 1992;
2. (b) Sites that have previously submitted and received department of health and human services radiological health section (DHHS/RHS) approval on a license termination plan (LTP) or decommissioning plan that was compatible with the SDMP action plan; or
3. (c) A site that has submitted a sufficient LTP or decommissioning plan before August 20, 1998, and the LTP or decommissioning plan, in accordance with the criteria identified in the SDMP action plan with an environmental impact statement, that was approved by DHHS/RHS before August 20, 1999, shall have a provision for day-for-day extension as described in 10 CFR 20.1401(b)(3).

Source. #8393, eff 7-23-05; ss by #10492, eff 12-24-13; ss by #13997, eff 6-12-24