§ 190.10 40 CFR Ch. I (7–1–11 Edition)

period in which he is engaged in car- ance, and the schedule for achieving rying out any operation which is part conformance with the standards. of a nuclear fuel cycle. (l) Regulatory agency means the gov- § 190.12 Effective date. ernment agency responsible for issuing (a) The standards in § 190.10(a) shall regulations governing the use of be effective December 1, 1979, except sources of radiation or radioactive ma- that for doses arising from operations terials or emissions therefrom and car- associated with the milling of uranium rying out inspection and enforcement ore the effective date shall be Decem- activities to assure compliance with ber 1, 1980. such regulations. (b) The standards in § 190.10(b) shall be effective December 1, 1979, except Subpart B—Environmental Stand- that the standards for krypton-85 and ards for the Uranium Fuel iodine-129 shall be effective January 1, Cycle 1983, for any such radioactive materials generated by the fission process after § 190.10 Standards for normal oper- these dates. ations. Operations covered by this subpart PART 191—ENVIRONMENTAL RADI- shall be conducted in such a manner as ATION PROTECTION STANDARDS to provide reasonable assurance that: FOR MANAGEMENT AND DIS- (a) The annual dose equivalent does POSAL OF SPENT NUCLEAR FUEL, not exceed 25 millirems to the whole body, 75 millirems to the thyroid, and HIGH-LEVEL AND TRANSURANIC 25 millirems to any other organ of any RADIOACTIVE WASTES member of the public as the result of exposures to planned discharges of ra- Subpart A—Environmental Standards for dioactive materials, radon and its Management and Storage daughters excepted, to the general en- Sec. vironment from uranium fuel cycle op- 191.01 Applicability. erations and to radiation from these 191.02 Definitions. operations. 191.03 Standards. (b) The total quantity of radioactive 191.04 Alternative standards. materials entering the general environ- 191.05 Effective date. ment from the entire uranium fuel Subpart B—Environmental Standards for cycle, per gigawatt-year of electrical Disposal energy produced by the fuel cycle, con- tains less than 50,000 curies of krypton- 191.11 Applicability. 85, 5 millicuries of iodine-129, and 0.5 191.12 Definitions. millicuries combined of plutonium-239 191.13 Containment requirements. 191.14 Assurance requirements. and other alpha-emitting transuranic 191.15 Individual protection requirements. radionuclides with half-lives greater 191.16 Alternative provisions for disposal. than one year. 191.17 Effective date.

§ 190.11 Variances for unusual oper- Subpart C—Environmental Standards for ations. Ground-Water Protection The standards specified in § 190.10 191.21 Applicability. may be exceeded if: 191.22 Definitions. (a) The regulatory agency has grant- 191.23 General provisions. ed a variance based upon its determina- 191.24 Disposal standards. tion that a temporary and unusual op- 191.25 Compliance with other Federal regu- erating condition exists and continued lations. operation is in the public interest, and 191.26 Alternative provisions. 191.27 Effective date. (b) Information is promptly made a matter of public record delineating the APPENDIX A TO PART 191—TABLE FOR SUB- PART B nature of unusual operating conditions, APPENDIX B TO PART 191—CALCULATION OF the degree to which this operation is ANNUAL COMMITTED EFFECTIVE DOSE expected to result in levels in excess of APPENDIX C TO PART 191—GUIDANCE FOR IM- the standards, the basis of the vari- PLEMENTATION OF SUBPART B

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AUTHORITY: The Atomic Energy Act of 1954, (g) Spent nuclear fuel means fuel that as amended, 42 U.S.C. 2011–2296; Reorganiza- has been withdrawn from a nuclear re- tion Plan No. 3 of 1970, 5 U.S.C. app. 1; the actor following irradiation, the con- Nuclear Waste Policy Act of 1982, as amend- stituent elements of which have not ed, 42 U.S.C. 10101–10270; and the Waste Isola- tion Pilot Plant Land Withdrawal Act, Pub. been separated by reprocessing. L. 102–579, 106 Stat. 4777. (h) High-level radioactive waste, as used in this part, means high-level ra- SOURCE: 50 FR 38084, Sept. 19, 1985, unless otherwise noted. dioactive waste as defined in the Nu- clear Waste Policy Act of 1982 (Pub. L. 97–425). Subpart A—Environmental Stand- (i) Transuranic radioactive waste, as ards for Management and used in this part, means waste con- Storage taining more than 100 nanocuries of alpha-emitting transuranic isotopes, § 191.01 Applicability. with half-lives greater than twenty This subpart applies to: years, per gram of waste, except for: (1) (a) Radiation doses received by mem- High-level radioactive wastes; (2) bers of the public as a result of the wastes that the Department has deter- management (except for transpor- mined, with the concurrence of the Ad- tation) and storage of spent nuclear ministrator, do not need the degree of fuel or high-level or transuranic radio- isolation required by this part; or (3) active wastes at any facility regulated wastes that the Commission has ap- by the Nuclear Regulatory Commission proved for disposal on a case-by-case or by Agreement States, to the extent basis in accordance with 10 CFR Part that such management and storage op- 61. erations are not subject to the provi- (j) Radioactive waste, as used in this sions of part 190 of title 40; and part, means the high-level and trans- (b) Radiation doses received by mem- uranic radioactive waste covered by bers of the public as a result of the this part. management and storage of spent nu- (k) Storage means retention of spent clear fuel or high-level or transuranic nuclear fuel or radioactive wastes with wastes at any disposal facility that is the intent and capability to readily re- operated by the Department of Energy trieve such fuel or waste for subse- and that is not regulated by the Com- quent use, processing, or disposal. mission or by Agreement States. (l) Disposal means permanent isola- tion of spent nuclear fuel or radio- § 191.02 Definitions. active waste from the accessible envi- Unless otherwise indicated in this ronment with no intent of recovery, subpart, all terms shall have the same whether or not such isolation permits meaning as in Subpart A of Part 190. the recovery of such fuel or waste. For (a) Agency means the Environmental example, disposal of waste in a mined Protection Agency. geologic repository occurs when all of (b) Administrator means the Adminis- the shafts to the repository are trator of the Environmental Protection backfilled and sealed. Agency. (m) Management means any activity, (c) Commission means the Nuclear operation, or process (except for trans- Regulatory Commission. portation) conducted to prepare spent (d) Department means the Department nuclear fuel or radioactive waste for of Energy. storage or disposal, or the activities as- (e) NWPA means the Nuclear Waste sociated with placing such fuel or Policy Act of 1982 (Pub. L. 97–425). waste in a disposal system. (f) Agreement State means any State (n) Site means an area contained with which the Commission or the within the boundary of a location Atomic Energy Commission has en- under the effective control of persons tered into an effective agreement possessing or using spent nuclear fuel under subsection 274b of the Atomic or radioactive waste that are involved Energy Act of 1954, as amended (68 in any activity, operation, or process Stat. 919). covered by this subpart.

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