[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR191.14]

[Page 11]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 191_ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR MANAGEMENT AND 
DISPOSAL OF SPENT NUCLEAR FUEL, HIGH-LEVEL AND TRANSURANIC RADIOACTIVE 
WASTES--Table of Contents
 
             Subpart B_Environmental Standards for Disposal
 
Sec. 191.14  Assurance requirements.

    To provide the confidence needed for long-term compliance with the 
requirements of Sec. 191.13, disposal of spent nuclear fuel or high-
level or transuranic wastes shall be conducted in accordance with the 
following provisions, except that these provisions do not apply to 
facilities regulated by the Commission (see 10 CFR Part 60 for 
comparable provisions applicable to facilities regulated by the 
Commission):
    (a) Active institutional controls over disposal sites should be 
maintained for as long a period of time as is practicable after 
disposal; however, performance assessments that assess isolation of the 
wastes from the accessible environment shall not consider any 
contributions from active institutional controls for more than 100 years 
after disposal.
    (b) Disposal systems shall be monitored after disposal to detect 
substantial and detrimental deviations from expected performance. This 
monitoring shall be done with techniques that do not jeopardize the 
isolation of the wastes and shall be conducted until there are no 
significant concerns to be addressed by further monitoring.
    (c) Disposal sites shall be designated by the most permanent 
markers, records, and other passive institutional controls practicable 
to indicate the dangers of the wastes and their location.
    (d) Disposal systems shall use different types of barriers to 
isolate the wastes from the accessible environment. Both engineered and 
natural barriers shall be included.
    (e) Places where there has been mining for resources, or where there 
is a reasonable expectation of exploration for scarce or easily 
accessible resources, or where there is a significant concentration of 
any material that is not widely available from other sources, should be 
avoided in selecting disposal sites. Resources to be considered shall 
include minerals, petroleum or natural gas, valuable geologic 
formations, and ground waters that are either irreplaceable because 
there is no reasonable alternative source of drinking water available 
for substantial populations or that are vital to the preservation of 
unique and sensitive eco systems. Such places shall not be used for 
disposal of the wastes covered by this part unless the favorable char 
acter is tics of such places com pen sate for their greater likelihood 
of being dis turbed in the future.
    (f) Disposal systems shall be selected so that removal of most of 
the wastes is not precluded for a reasonable period of time after 
disposal.