[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]

[Page 12-17]
 
                   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 C_Environmental Standards for Ground-Water Protection

    Source: 58 FR 66415, Dec. 20, 1993, unless otherwise noted.

Sec.  191.21  Applicability.

    (a) This subpart applies to:
    (1) Radiation doses received by members of the public as a result of 
activities subject to subpart B of this part; and
    (2) Radioactive contamination of underground sources of drinking 
water in the accessible environment as a result of such activities.
    (b) This subpart does not apply to:
    (1) Disposal directly into the oceans or ocean sediments;
    (2) Wastes disposed of before the effective date of this subpart; 
and
    (3) The characterization, licensing, construction, operation, or 
closure of any site required to be characterized under section 113(a) of 
Public Law 97-425, 96 Stat. 2201.

Sec.  191.22  Definitions.

    Unless otherwise indicated in this subpart, all terms have the same 
meaning as in subparts A and B of this part.
    Public water system means a system for the provision to the public 
of piped water for human consumption, if such system has at least 
fifteen service connections or regularly serves at least twenty-five 
individuals. Such term includes:
    (1) Any collection, treatment, storage, and distribution facilities 
under control of the operator of such system and used primarily in 
connection with such system; and
    (2) Any collection or pretreatment storage facilities not under such 
control which are used primarily in connection with such system.
    Total dissolved solids means the total dissolved (filterable) solids 
in water as determined by use of the method specified in 40 CFR part 
136.
    Underground source of drinking water means an aquifer or its portion 
which:
    (1) Supplies any public water system; or
    (2) Contains a sufficient quantity of ground water to supply a 
public water system; and
    (i) Currently supplies drinking water for human consumption; or
    (ii) Contains fewer than 10,000 milligrams of total dissolved solids 
per liter.

Sec.  191.23  General provisions.

    (a) Determination of compliance with this subpart shall be based 
upon underground sources of drinking water which have been identified on 
the date the implementing agency determines compliance with subpart C of 
this part.
    (b) [Reserved]

Sec.  191.24  Disposal standards.

    (a) Disposal systems.
    (1) General. Disposal systems for waste and any associated 
radioactive material shall be designed to provide a reasonable 
expectation that 10,000 years of undisturbed performance after disposal 
shall not cause the levels of radioactivity in any underground

[[Page 13]]

source of drinking water, in the accessible environment, to exceed the 
limits specified in 40 CFR part 141 as they exist on January 19, 1994.
    (2) Disposal systems above or within a formation which within one-
quarter (\1/4\) mile contains an underground source of drinking water. 
[Reserved]
    (b) Compliance assessments need not provide complete assurance that 
the requirements of paragraph (a) of this section will be met. Because 
of the long time period involved and the nature of the processes and 
events of interest, there will inevitably be substantial uncertainties 
in projecting disposal system performance. Proof of the future 
performance of a disposal system is not to be had in the ordinary sense 
of the word in situations that deal with much shorter time frames. 
Instead, what is required is a reasonable expectation, on the basis of 
the record before the implementing agency, that compliance with 
paragraph (a) of this section will be achieved.

Sec.  191.25  Compliance with other Federal regulations.

    Compliance with the provisions in this subpart does not negate the 
necessity to comply with any other applicable Federal regulations or 
requirements.

Sec.  191.26  Alternative provisions.

    The Administrator may, by rule, substitute for any of the provisions 
of this subpart alternative provisions chosen after:
    (a) The alternative provisions have been proposed for public comment 
in the Federal Register together with information describing the costs, 
risks, and benefits of disposal in accordance with the alternative 
provisions and the reasons why compliance with the existing provisions 
of this subpart appears inappropriate;
    (b) A public comment period of at least 90 days has been completed, 
during which an opportunity for public hearings in affected areas of the 
country has been provided; and
    (c) The public comments received have been fully considered in 
developing the final version of such alternative provisions.

Sec.  191.27  Effective date.

    The standards in this subpart shall be effective on January 19, 
1994.

               Appendix A to Part 191--Table for Subpart B

          Table 1--Release Limits for Containment Requirements
   [Cumulative releases to the accessible environment for 10,000 years
                             after disposal]
------------------------------------------------------------------------
                                                                Release
                                                               limit per
                                                                 1,000
                                                                MTHM or
                                                                 other
                         Radionuclide                           unit of
                                                                 waste
                                                                  (see
                                                                 notes)
                                                                (curies)
------------------------------------------------------------------------
Americium-241 or -243........................................        100
Carbon-14....................................................        100
Cesium-135 or -137...........................................      1,000
Iodine-129...................................................        100
Neptunium-237................................................        100
Plutonium-238, -239, -240, or -242...........................        100
Radium-226...................................................        100
Strontium-90.................................................      1,000
Technetium-99................................................     10,000
Thorium-230 or -232..........................................         10
Tin-126......................................................      1,000
Uranium-233, -234, -235, -236, or -238.......................        100
Any other alpha-emitting radionuclide with a half-life               100
 greater than 20 years.......................................
Any other radionuclide with a half-life greater than 20 years      1,000
 that does not emit alpha particles..........................
------------------------------------------------------------------------

                         Application of Table 1

    Note 1: Units of Waste. The Release Limits in Table 1 apply to the 
amount of wastes in any one of the following:
    (a) An amount of spent nuclear fuel containing 1,000 metric tons of 
heavy metal (MTHM) exposed to a burnup between 25,000 megawatt-days per 
metric ton of heavy metal (MWd/MTHM) and 40,000 MWd/MTHM;
    (b) The high-level radioactive wastes generated from reprocessing 
each 1,000 MTHM exposed to a burnup between 25,000 MWd/MTHM and 40,000 
MWd/MTHM;
    (c) Each 100,000,000 curies of gamma or beta-emitting radionuclides 
with half-lives greater than 20 years but less than 100 years (for use 
as discussed in Note 5 or with materials that are identified by the 
Commission as high-level radioactive waste in accordance with part B of 
the definition of high-level waste in the NWPA);
    (d) Each 1,000,000 curies of other radionuclides (i.e., gamma or 
beta-emitters with half-lives greater than 100 years or any alpha-
emitters with half-lives greater than 20 years) (for use as discussed in 
Note 5 or with materials that are identified by the Commission as high-
level radioactive waste in accordance with part B of the definition of 
high-level waste in the NWPA); or

[[Page 14]]

    (e) An amount of transuranic (TRU) wastes containing one million 
curies of alpha-emitting transuranic radionuclides with half-lives 
greater than 20 years.
    Note 2: Release Limits for Specific Disposal Systems. To develop 
Release Limits for a particular disposal system, the quantities in Table 
1 shall be adjusted for the amount of waste included in the disposal 
system compared to the various units of waste defined in Note 1. For 
example:
    (a) If a particular disposal system contained the high-level wastes 
from 50,000 MTHM, the Release Limits for that system would be the 
quantities in Table 1 multiplied by 50 (50,000 MTHM divided by 1,000 
MTHM).
    (b) If a particular disposal system contained three million curies 
of alpha-emitting transuranic wastes, the Release Limits for that system 
would be the quantities in Table 1 multiplied by three (three million 
curies divided by one million curies).
    (c) If a particular disposal system contained both the high-level 
wastes from 50,000 MTHM and 5 million curies of alpha-emitting 
transuranic wastes, the Release Limits for that system would be the 
quantities in Table 1 multiplied by 55:
[GRAPHIC] [TIFF OMITTED] TC11NO91.000

    Note 3: Adjustments for Reactor Fuels with Different Burnup. For 
disposal systems containing reactor fuels (or the high-level wastes from 
reactor fuels) exposed to an average burnup of less than 25,000 MWd/MTHM 
or greater than 40,000 MWd/MTHM, the units of waste defined in (a) and 
(b) of Note 1 shall be adjusted. The unit shall be multiplied by the 
ratio of 30,000 MWd/MTHM divided by the fuel's actual average burnup, 
except that a value of 5,000 MWd/MTHM may be used when the average fuel 
burnup is below 5,000 MWd/MTHM and a value of 100,000 MWd/MTHM shall be 
used when the average fuel burnup is above 100,000 MWd/MTHM. This 
adjusted unit of waste shall then be used in determining the Release 
Limits for the disposal system.
    For example, if a particular disposal system contained only high-
level wastes with an average burnup of 3,000 MWd/MTHM, the unit of waste 
for that disposal system would be:
[GRAPHIC] [TIFF OMITTED] TC11NO91.001

    If that disposal system contained the high-level wastes from 60,000 
MTHM (with an average burnup of 3,000 MWd/MTHM), then the Release Limits 
for that system would be the quantities in Table 1 multiplied by ten:
[GRAPHIC] [TIFF OMITTED] TC11NO91.002

which is the same as:
[GRAPHIC] [TIFF OMITTED] TC11NO91.003

    Note 4: Treatment of Fractionated High-Level Wastes. In some cases, 
a high-level waste stream from reprocessing spent nuclear fuel may have 
been (or will be) separated into two or more high-level waste components 
destined for different disposal systems. In such cases, the implementing 
agency may allocate the Release Limit multiplier (based upon the 
original MTHM and the average fuel burnup of the high-level waste 
stream) among the various disposal systems as it chooses, provided that 
the total Release Limit multiplier used for that waste stream at all of 
its disposal systems may not exceed the Release Limit multiplier that 
would be used if the entire waste stream were disposed of in one 
disposal system.
    Note 5: Treatment of Wastes with Poorly Known Burnups or Original 
MTHM. In some cases, the records associated with particular high-level 
waste streams may not be adequate to accurately determine the original 
metric tons of heavy metal in the reactor fuel that created the waste, 
or to determine the average burnup that the fuel was exposed to. If the 
uncertainties are such that the original amount of heavy metal or the 
average fuel burnup for particular high-level waste streams cannot be 
quantified, the units of waste derived from (a) and (b) of Note 1 shall 
no longer be used. Instead, the units of waste defined in (c) and (d) of 
Note 1 shall be used for such high-level waste streams. If the 
uncertainties in such information allow a range of values to be 
associated with the original amount of heavy metal or the average fuel 
burnup, then the calculations described in previous Notes will be 
conducted using the values that result in the smallest Release Limits, 
except that the Release Limits need not be smaller than those that would 
be calculated using the units of waste defined in (c) and (d) of Note 1.
    Note 6: Uses of Release Limits to Determine Compliance with Sec.  
191.13 Once release limits for a particular disposal system have been 
determined in accordance with Notes 1 through 5, these release limits 
shall be used to determine compliance with the requirements of Sec.  
191.13 as follows. In cases where a mixture of radionuclides is 
projected to be released to the accessible environment, the limiting 
values shall be determined as follows: For each radionuclide in the 
mixture, determine the ratio between the cumulative release quantity 
projected over 10,000 years

[[Page 15]]

and the limit for that radionuclide as determined from Table 1 and Notes 
1 through 5. The sum of such ratios for all the radionuclides in the 
mixture may not exceed one with regard to Sec.  191.13(a)(1) and may not 
exceed ten with regard to Sec.  191.13(a)(2).
    For example, if radionuclides A, B, and C are projected to be 
released in amounts Q<INF>a</INF>, Q<INF>b</INF>, and Q<INF>c</INF>, and 
if the applicable Release Limits are RL<INF>a</INF>, RL<INF>b</INF>, and 
RL<INF>c</INF>, then the cumulative releases over 10,000 years shall be 
limited so that the following relationship exists:
[GRAPHIC] [TIFF OMITTED] TC11NO91.004


[50 FR 38084, Sept. 19, 1985, as amended at 58 FR 66415, Dec. 20, 1993]

 Appendix B to Part 191--Calculation of Annual Committed Effective Dose

                           I. Equivalent Dose

    The calculation of the committed effective dose (CED) begins with 
the determination of the equivalent dose, H<INF>T</INF>, to a tissue or 
organ, T, listed in Table B.2 below by using the equation:
[GRAPHIC] [TIFF OMITTED] TR20DE93.009

where D<INF>T, R</INF> is the absorbed dose in rads (one gray, an SI 
unit, equals 100 rads) averaged over the tissue or organ, T, due to 
radiation type, R, and w<INF>R</INF> is the radiation weighting factor 
which is given in Table B.1 below. The unit of equivalent dose is the 
rem (sievert, in SI units).

              Table B.1--Radiation Weighting Factors, wR\1\
------------------------------------------------------------------------
                                                                    wR
               Radiation type and energy range \2\                 value
------------------------------------------------------------------------
Photons, all energies...........................................       1
Electrons and muons, all energies...............................       1
Neutrons, energy < 10 keV.......................................       5
          10 keV to 100 keV.....................................      10
          <ls-thn-eq>100 keV to 2 MeV...........................      20
          <ls-thn-eq>2 MeV to 20 MeV............................      10
          <ls-thn-eq>20 MeV.....................................       5
Protons, other than recoil protons, <ls-thn-eq>2 MeV............       5
Alpha particles, fission fragments, heavy nuclei................     20
------------------------------------------------------------------------
\1\ All values relate to the radiation incident on the body or, for
  internal sources, emitted from the source.
\2\ See paragraph A14 in ICRP Publication 60 for the choice of values
  for other radiation types and energies not in the table.

                           II. Effective Dose

    The next step is the calculation of the effective dose, E. The 
probability of occurrence of a stochastic effect in a tissue or organ is 
assumed to be proportional to the equivalent dose in the tissue or 
organ. The constant of proportionality differs for the various tissues 
of the body, but in assessing health detriment the total risk is 
required. This is taken into account using the tissue weighting factors, 
w<INF>T</INF> in Table B.2, which represent the proportion of the 
stochastic risk resulting from irradiation of the tissue or organ to the 
total risk when the whole body is irradiated uniformly and H<INF>T</INF> 
is the equivalent dose in the tissue or organ, T, in the equation:
[GRAPHIC] [TIFF OMITTED] TR20DE93.010


               Table B.2--Tissue Weighting Factors, wT \1\
------------------------------------------------------------------------
                     Tissue or organ                         wT value
------------------------------------------------------------------------
Gonads..................................................            0.25
Breast..................................................            0.15
Red bone marrow.........................................            0.12
Lung....................................................            0.12
Thyroid.................................................            0.03
Bone surfaces...........................................            0.03
Remainder...............................................       \2\ 0.30
------------------------------------------------------------------------
\1\ The values are considered to be appropriate for protection for
  individuals of both sexes and all ages.
\2\ For purposes of calculation, the remainder is comprised of the five
  tissues or organs not specifically listed in Table B.2 that receive
  the highest dose equivalents; a weighting factor of 0.06 is applied to
  each of them, including the various sections of the gastrointestinal
  tract which are treated as separate organs. This covers all tissues
  and organs except the hands and forearms, the feet and ankles, the
  skin and the lens of the eye. The excepted tissues and organs should
  be excluded from the computation of HE.

          III. Annual Committed Tissue or Organ Equivalent Dose

    For internal irradiation from incorporated radionuclides, the total 
absorbed dose will be spread out in time, being gradually delivered as 
the radionuclide decays. The time distribution of the absorbed dose rate 
will vary with the radionuclide, its form, the mode of intake and the 
tissue within which it is incorporated. To take account of this 
distribution the quantity committed equivalent dose, H[Tau]([tau]) where 
is the integration time in years following an intake over any particular 
year, is used and is the integral over time of the equivalent dose rate 
in a particular tissue or organ that will be received by an individual 
following an intake of radioactive material into the body. The time 
period, [tau], is taken as 50 years as an average time of exposure 
following intake:
[GRAPHIC] [TIFF OMITTED] TR20DE93.011

for a single intake of activity at time t<INF>0</INF> where 
H<INF>T</INF>(t) is the relevant equivalent-dose rate in a tissue or 
organ at time t. For the purposes of this part, the previously mentioned 
single intake may be considered to be an annual intake.

[[Page 16]]

                   IV. Annual Committed Effective Dose

    If the committed equivalent doses to the individual tissues or 
organs resulting from an annual intake are multiplied by the appropriate 
weighting factors, w<INF>T</INF>, and then summed, the result will be 
the annual committed effective dose, E([tau]):
[GRAPHIC] [TIFF OMITTED] TR20DE93.012


[58 FR 66415, Dec. 20, 1993]

    Appendix C to Part 191--Guidance for Implementation of Subpart B

    [Note: The supplemental information in this appendix is not an 
integral part of 40 CFR part 191. Therefore, the implementing agencies 
are not bound to follow this guidance. However, it is included because 
it describes the Agency's assumptions regarding the implementation of 
subpart B. This appendix will appear in the Code of Federal 
Regulations.]

    The Agency believes that the implementing agencies must determine 
compliance with Sec. Sec.  191.13, 191.15, and 191.16 of subpart B by 
evaluating long-term predictions of disposal system performance. 
Determining compliance with Sec.  191.13 will also involve predicting 
the likelihood of events and processes that may disturb the disposal 
system. In making these various predictions, it will be appropriate for 
the implementing agencies to make use of rather complex computational 
models, analytical theories, and prevalent expert judgment relevant to 
the numerical predictions. Substantial uncertainties are likely to be 
encountered in making these predictions. In fact, sole reliance on these 
numerical predictions to determine compliance may not be appropriate; 
the implementing agencies may choose to supplement such predictions with 
qualitative judgments as well. Because the procedures for determining 
compliance with subpart B have not been formulated and tested yet, this 
appendix to the rule indicates the Agency's assumptions regarding 
certain issues that may arise when implementing Sec. Sec.  191.13, 
191.15, and 191.16. Most of this guidance applies to any type of 
disposal system for the wastes covered by this rule. However, several 
sections apply only to disposal in mined geologic repositories and would 
be inappropriate for other types of disposal systems.
    Consideration of Total Disposal System. When predicting disposal 
system performance, the Agency assumes that reasonable projections of 
the protection expected from all of the engineered and natural barriers 
of a disposal system will be considered. Portions of the disposal system 
should not be disregarded, even if projected performance is uncertain, 
except for portions of the system that make negligible contributions to 
the overall isolation provided by the disposal system.
    Scope of Performance Assessments. Section 191.13 requires the 
implementing agencies to evaluate compliance through performance 
assessments as defined in Sec.  191.12(q). The Agency assumes that such 
performance assessments need not consider categories of events or 
processes that are estimated to have less than one chance in 10,000 of 
occurring over 10,000 years. Furthermore, the performance assessments 
need not evaluate in detail the releases from all events and processes 
estimated to have a greater likelihood of occurrence. Some of these 
events and processes may be omitted from the performance assessments if 
there is a reasonable expectation that the remaining probability 
distribution of cumulative releases would not be significantly changed 
by such omissions.
    Compliance with Sec.  191.13. The Agency assumes that, whenever 
practicable, the implementing agency will assemble all of the results of 
the performance assessments to determine compliance with Sec.  191.13 
into a ``complementary cumulative distribution function'' that indicates 
the probability of exceeding various levels of cumulative release. When 
the uncertainties in parameters are considered in a performance 
assessment, the effects of the uncertainties considered can be 
incorporated into a single such distribution function for each disposal 
system considered. The Agency assumes that a disposal system can be 
considered to be in compliance with Sec.  191.13 if this single 
distribution function meets the requirements of Sec.  191.13(a).
    Compliance with Sec. Sec.  191.15 and 191.16. When the uncertainties 
in undisturbed performance of a disposal system are considered, the 
implementing agencies need not require that a very large percentage of 
the range of estimated radiation exposures or radionuclide 
concentrations fall below limits established in Sec. Sec.  191.15 and 
191.16, respectively. The Agency assumes that compliance can be 
determined based upon ``best estimate'' predictions (e.g., the mean or 
the median of the appropriate distribution, whichever is higher).
    Institutional Controls. To comply with Sec.  191.14(a), the 
implementing agency will assume that none of the active institutional 
controls prevent or reduce radionuclide releases for more than 100 years 
after disposal. However, the Federal Government is committed to 
retaining ownership of all disposal sites for spent nuclear fuel and 
high-level and transuranic radioactive wastes and will establish 
appropriate markers and records, consistent with Sec.  191.14(c). The 
Agency assumes that, as long as such passive institutional controls 
endure and are understood, they: (1) Can be effective in deterring 
systematic or persistent exploitation of these

[[Page 17]]

disposal sites; and (2) can reduce the likelihood of inadvertent, 
intermittent human intrusion to a degree to be determined by the 
implementing agency. However, the Agency believes that passive 
institutional controls can never be assumed to eliminate the chance of 
inadvertent and intermittent human intrusion into these disposal sites.
    Consideration of Inadvertent Human Intrusion into Geologic 
Repositories. The most speculative potential disruptions of a mined 
geologic repository are those associated with inadvertent human 
intrusion. Some types of intrusion would have virtually no effect on a 
repository's containment of waste. On the other hand, it is possible to 
conceive of intrusions (involving widespread societal loss of knowledge 
regarding radioactive wastes) that could result in major disruptions 
that no reasonable repository selection or design precautions could 
alleviate. The Agency believes that the most productive consideration of 
inadvertent intrusion concerns those realistic possibilities that may be 
usefully mitigated by repository design, site selection, or use of 
passive controls (although passive institutional controls should not be 
assumed to completely rule out the possibility of intrusion). Therefore, 
inadvertent and intermittent intrusion by exploratory drilling for 
resources (other than any provided by the disposal system itself) can be 
the most severe intrusion scenario assumed by the implementing agencies. 
Furthermore, the implementing agencies can assume that passive 
institutional controls or the intruders' own exploratory procedures are 
adequate for the intruders to soon detect, or be warned of, the 
incompatibility of the area with their activities.
    Frequency and Severity of Inadvertent Human Intrusion into Geologic 
Repositories. The implementing agencies should consider the effects of 
each particular disposal system's site, design, and passive 
institutional controls in judging the likelihood and consequences of 
such inadvertent exploratory drilling. However, the Agency assumes that 
the likelihood of such inadvertent and intermittent drilling need not be 
taken to be greater than 30 boreholes per square kilometer of repository 
area per 10,000 years for geologic repositories in proximity to 
sedimentary rock formations, or more than 3 boreholes per square 
kilometer per 10,000 years for repositories in other geologic 
formations. Furthermore, the Agency assumes that the consequences of 
such inadvertent drilling need not be assumed to be more severe than: 
(1) Direct release to the land surface of all the ground water in the 
repository horizon that would promptly flow through the newly created 
borehole to the surface due to natural lithostatic pressure--or (if 
pumping would be required to raise water to the surface) release of 200 
cubic meters of ground water pumped to the surface if that much water is 
readily available to be pumped; and (2) creation of a ground water flow 
path with a permeability typical of a borehole filled by the soil or 
gravel that would normally settle into an open hole over time--not the 
permeability of a carefully sealed borehole.

[50 FR 38084, Sept. 19, 1985. Redesignated and amended at 58 FR 66415, 
Dec. 20, 1993]