40 CFR Appendix A to Part 191, Table for Subpart B

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]

Radionuclide Release limit per 1,000 MTHM or other 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 greater than 20 years 100
Any other radionuclide with a half-life greater than 20 years that does not emit alpha particles 1,000
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

(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:

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:

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:

which is the same as:
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 § 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 § 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 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 § 191.13(a)(1) and may not exceed ten with regard to § 191.13(a)(2).

For example, if radionuclides A, B, and C are projected to be released in amounts Qa, Qb, and Qc, and if the applicable Release Limits are RLa, RLb, and RLc, then the cumulative releases over 10,000 years shall be limited so that the following relationship exists:

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

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - APPENDIX
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2011 - Congressional declaration of policy

§ 2012 - Congressional findings

§ 2013 - Purpose of chapter

§ 2014 - Definitions

§ 2015 - Transfer of property

§ 2015a - Cold standby

§ 2015b - Scholarship and fellowship program

§ 2015c - Partnership program with institutions of higher education

§ 2016 - Repealed. Pub. L. 105–85, div. C, title XXXI, § 3152(a)(1), Nov. 18, 1997, 111 Stat. 2042

§ 2017 - Authorization of appropriations

§ 2017a - Omitted

§ 2017a-1

§ 2017b - Omitted

§ 2018 - Agency jurisdiction

§ 2019 - Applicability of Federal Power Act

§ 2020 - Licensing of Government agencies

§ 2021 - Cooperation with States

§ 2021a - Storage or disposal facility planning

§ 2021b - Definitions

§ 2021c - Responsibilities for disposal of low-level radioactive waste

§ 2021d - Regional compacts for disposal of low-level radioactive waste

§ 2021e - Limited availability of certain regional disposal facilities during transition and licensing periods

§ 2021f - Emergency access

§ 2021g - Responsibilities of Department of Energy

§ 2021h - Alternative disposal methods

§ 2021i - Licensing review and approval

§ 2021j - Radioactive waste below regulatory concern

§ 2022 - Health and environmental standards for uranium mill tailings

§ 2023 - State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

§ 2031, 2032 - Repealed. Pub. L. 93–438, title I, § 104(a), Oct. 11, 1974, 88 Stat. 1237

§ 2033 - Principal office

§ 2034 - General Manager, Deputy and Assistant General Managers

§ 2035 - Divisions, offices, and positions

§ 2036 - Repealed. Pub. L. 95–91, title VII, § 709(c)(1), Aug. 4, 1977, 91 Stat. 608

§ 2037 - Repealed. Pub. L. 99–661, div. C, title I, § 3137(c), Nov. 14, 1986, 100 Stat. 4066

§ 2038 - Appointment of Army, Navy, or Air Force officer as Assistant General Manager for Military Application; Chairman of Military Liaison Committee; compensation

§ 2039 - Advisory Committee on Reactor Safeguards; composition; tenure; duties; compensation

§ 2040 - Fellowship program of Advisory Committee on Reactor Safeguards; selection of fellowships

§ 2051 - Research and development assistance

§ 2052 - Research by Commission

§ 2053 - Research for others; charges

§ 2061 - Production facilities

§ 2062 - Irradiation of materials

§ 2063 - Acquisition of production facilities

§ 2064 - Disposition of energy; regulation on sale

§ 2071 - Determination of other material as special nuclear material; Presidential assent; effective date

§ 2072 - Repealed. Pub. L. 88–489, § 4, Aug. 26, 1964, 78 Stat. 603

§ 2073 - Domestic distribution of special nuclear material

§ 2074 - Foreign distribution of special nuclear material

§ 2075 - Acquisition of special nuclear material; payments; just compensation

§ 2076 - Guaranteed purchase prices

§ 2077 - Unauthorized dealings in special nuclear material

§ 2078 - Congressional review of guaranteed purchase price, guaranteed purchase price period, and criteria for waiver of charges

§ 2091 - Determination of source material

§ 2092 - License requirements for transfers

§ 2093 - Domestic distribution of source material

§ 2094 - Foreign distribution of source material

§ 2095 - Reports

§ 2096 - Acquisition of source material; payments

§ 2097 - Operations on lands belonging to United States

§ 2098 - Public and acquired lands

§ 2099 - Prohibitions against issuance of license

§ 2111 - Domestic distribution

§ 2112 - Foreign distribution of byproduct material

§ 2113 - Ownership and custody of certain byproduct material and disposal sites

§ 2114 - Authorities of Commission respecting certain byproduct material

§ 2121 - Authority of Commission

§ 2122 - Prohibitions governing atomic weapons

§ 2122a - Repealed. Pub. L. 106–65, div. C, title XXXII, § 3294(e)(1)(A), Oct. 5, 1999, 113 Stat. 970

§ 2123 - Transferred

§ 2131 - License required

§ 2132 - Utilization and production facilities for industrial or commercial purposes

§ 2133 - Commercial licenses

§ 2134 - Medical, industrial, and commercial licenses

§ 2135 - Antitrust provisions governing licenses

§ 2136 - Classes of facilities

§ 2137 - Operators’ licenses

§ 2138 - Suspension of licenses during war or national emergency

§ 2139 - Component and other parts of facilities

§ 2139a - Regulations implementing requirements relating to licensing for components and other parts of facilities

§ 2140 - Exclusions from license requirement

§ 2141 - Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy

§ 2151 - Effect of international arrangements

§ 2152 - Policies contained in international arrangements

§ 2153 - Cooperation with other nations

§ 2153a - Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment facilities

§ 2153b - Export policies relating to peaceful nuclear activities and international nuclear trade

§ 2153c - Renegotiation of agreements for cooperation

§ 2153d - Authority to continue agreements for cooperation entered into prior to March 10, 1978

§ 2153e - Protection of environment

§ 2153e-1

§ 2153f - Savings clause; Nuclear Non-Proliferation Act of 1978

§ 2154 - International atomic pool

§ 2155 - Export licensing procedures

§ 2155a - Regulations establishing Commission procedures covering grant, suspension, revocation, or amendment of nuclear export licenses or exemptions

§ 2156 - Criteria governing United States nuclear exports

§ 2156a - Regulations establishing levels of physical security to protect facilities and material

§ 2157 - Additional export criterion and procedures

§ 2158 - Conduct resulting in termination of nuclear exports

§ 2159 - Congressional review procedures

§ 2160 - Subsequent arrangements

§ 2160a - Review of Nuclear Proliferation Assessment Statements

§ 2160b - Authority to suspend nuclear cooperation with nations which have not ratified the Convention on the Physical Security of Nuclear Material

§ 2160c - Consultation with Department of Defense concerning certain exports and subsequent arrangements

§ 2160d - Further restrictions on exports

§ 2161 - Policy of Commission

§ 2162 - Classification and declassification of Restricted Data

§ 2163 - Access to Restricted Data

§ 2164 - International cooperation

§ 2165 - Security restrictions

§ 2166 - Applicability of other laws

§ 2167 - Safeguards information

§ 2168 - Dissemination of unclassified information

§ 2169 - Fingerprinting for criminal history record checks

§ 2181 - Inventions relating to atomic weapons, and filing of reports

§ 2182 - Inventions conceived during Commission contracts; ownership; waiver; hearings

§ 2183 - Nonmilitary utilization

§ 2184 - Injunctions; measure of damages

§ 2185 - Prior art

§ 2186 - Commission patent licenses

§ 2187 - Compensation, awards, and royalties

§ 2188 - Monopolistic use of patents

§ 2189 - Federally financed research

§ 2190 - Saving clause for prior patent applications

§ 2201 - General duties of Commission

§ 2201a - Use of firearms by security personnel

§ 2202 - Contracts

§ 2203 - Advisory committees

§ 2204 - Electric utility contracts; authority to enter into; cancellation; submission to Energy Committees

§ 2204a - Fission product contracts

§ 2205 - Contract practices

§ 2205a - Repealed. Pub. L. 97–375, title I, § 115, Dec. 21, 1982, 96 Stat. 1821

§ 2206 - Comptroller General audit

§ 2207 - Claim settlements; reports to Congress

§ 2208 - Payments in lieu of taxes

§ 2209 - Subsidies

§ 2210 - Indemnification and limitation of liability

§ 2210a - Conflicts of interest relating to contracts and other arrangements

§ 2210b - Uranium supply

§ 2210c - Elimination of pension offset for certain rehired Federal retirees

§ 2210d - Security evaluations

§ 2210e - Design basis threat rulemaking

§ 2210f - Recruitment tools

§ 2210g - Expenses authorized to be paid by the Commission

§ 2210h - Radiation source protection

§ 2210i - Secure transfer of nuclear materials

§ 2211 - Payment of claims or judgments for damage resulting from nuclear incident involving nuclear reactor of United States warship; exception; terms and conditions

§ 2212 - Transferred

§ 2213 - Repealed. Pub. L. 109–58, title VI, § 637(b), Aug. 8, 2005, 119 Stat. 791

§ 2214 - NRC user fees and annual charges

§ 2221 - Just compensation for requisitioned property

§ 2222 - Condemnation of real property

§ 2223 - Patent application disclosures

§ 2224 - Attorney General approval of title

§ 2231 - Applicability of administrative procedure provisions; definitions

§ 2232 - License applications

§ 2233 - Terms of licenses

§ 2234 - Inalienability of licenses

§ 2235 - Construction permits and operating licenses

§ 2236 - Revocation of licenses

§ 2237 - Modification of license

§ 2238 - Continued operation of facilities

§ 2239 - Hearings and judicial review

§ 2240 - Licensee incident reports as evidence

§ 2241 - Atomic safety and licensing boards; establishment; membership; functions; compensation

§ 2242 - Temporary operating license

§ 2243 - Licensing of uranium enrichment facilities

§ 2251 to 2257 - Repealed. Aug. 1, 1946, ch. 724, title I, § 302(a), as added Pub. L. 95–110, § 1, Sept. 20, 1977, 91 Stat. 884; renumbered title I, Oct. 24, 1992, Pub. L. 102–486, title IX, § 902(a)(8), 106 Stat. 2944

§ 2258 - Joint Committee on Atomic Energy abolished

§ 2259 - Information and assistance to Congressional committees

§ 2271 - General provisions

§ 2272 - Violation of specific sections

§ 2273 - Violation of sections

§ 2274 - Communication of Restricted Data

§ 2275 - Receipt of Restricted Data

§ 2276 - Tampering with Restricted Data

§ 2277 - Disclosure of Restricted Data

§ 2278 - Statute of limitations

§ 2278a - Trespass on Commission installations

§ 2278b - Photographing, etc., of Commission installations; penalty

§ 2279 - Applicability of other laws

§ 2280 - Injunction proceedings

§ 2281 - Contempt proceedings

§ 2282 - Civil penalties

§ 2282a - Civil monetary penalties for violation of Department of Energy safety regulations

§ 2282b - Civil monetary penalties for violations of Department of Energy regulations regarding security of classified or sensitive information or data

§ 2282c - Worker health and safety rules for Department of Energy nuclear facilities

§ 2283 - Protection of nuclear inspectors

§ 2284 - Sabotage of nuclear facilities or fuel

§ 2286 - Establishment

§ 2286a - Mission and functions of Board

§ 2286b - Powers of Board

§ 2286c - Responsibilities of Secretary of Energy

§ 2286d - Board recommendations

§ 2286e - Reports

§ 2286f - Judicial review

§ 2286g - “Department of Energy defense nuclear facility” defined

§ 2286h - Contract authority subject to appropriations

§ 2286h-1

§ 2286i - Annual authorization of appropriations

§ 2286j - Procurement of inspector general services

§ 2291 - Definitions

§ 2292 - Authorization of appropriations for research and development program; authority to enter into contracts; period of contracts; equivalent amounts for research and development program

§ 2293 - Omitted

§ 2294 - Authorization for sale or lease of uranium and plutonium; amounts; lien for nonpayment; uranium enrichment services

§ 2295 - Acquisition of nuclear materials

§ 2296 - Nonliability of United States; indemnification

§ 10101 - Definitions

§ 10102 - Separability

§ 10103 - Territories and possessions

§ 10104 - Ocean disposal

§ 10105 - Limitation on spending authority

§ 10106 - Protection of classified national security information

§ 10107 - Applicability to atomic energy defense activities

§ 10108 - Applicability to transportation

§ 10121 - State and affected Indian tribe participation in development of proposed repositories for defense waste

§ 10131 - Findings and purposes

§ 10132 - Recommendation of candidate sites for site characterization

§ 10133 - Site characterization

§ 10134 - Site approval and construction authorization

§ 10135 - Review of repository site selection

§ 10136 - Participation of States

§ 10137 - Consultation with States and affected Indian tribes

§ 10138 - Participation of Indian tribes

§ 10139 - Judicial review of agency actions

§ 10140 - Expedited authorizations

§ 10141 - Certain standards and criteria

§ 10142 - Disposal of spent nuclear fuel

§ 10143 - Title to material

§ 10144 - Consideration of effect of acquisition of water rights

§ 10145 - Termination of certain provisions

§ 10151 - Findings and purposes

§ 10152 - Available capacity for interim storage of spent nuclear fuel

§ 10153 - Interim at-reactor storage

§ 10154 - Licensing of facility expansions and transshipments

§ 10155 - Storage of spent nuclear fuel

§ 10156 - Interim Storage Fund

§ 10157 - Transportation

§ 10161 - Monitored retrievable storage

§ 10162 - Authorization of monitored retrievable storage

§ 10163 - Monitored Retrievable Storage Commission

§ 10164 - Survey

§ 10165 - Site selection

§ 10166 - Notice of disapproval

§ 10167 - Benefits agreement

§ 10168 - Construction authorization

§ 10169 - Financial assistance

§ 10171 - Financial arrangements for low-level radioactive waste site closure

§ 10172 - Selection of Yucca Mountain site

§ 10172a - Siting a second repository

§ 10173 - Benefits agreements

§ 10173a - Content of agreements

§ 10173b - Review Panel

§ 10173c - Termination

§ 10174 - Consideration in siting facilities

§ 10174a - Report

§ 10175 - Transportation

§ 10191 - Purpose

§ 10192 - Applicability

§ 10193 - Identification of sites

§ 10194 - Siting research and related activities

§ 10195 - Test and evaluation facility siting review and reports

§ 10196 - Federal agency actions

§ 10197 - Research and development on disposal of high-level radioactive waste

§ 10198 - Research and development on spent nuclear fuel

§ 10199 - Payments to States and Indian tribes

§ 10200 - Study of research and development needs for monitored retrievable storage proposal

§ 10201 - Judicial review

§ 10202 - Research on alternatives for permanent disposal of high-level radioactive waste

§ 10203 - Technical assistance to non-nuclear weapon states in field of spent fuel storage and disposal

§ 10204 - Subseabed disposal

§ 10221 - Mission plan

§ 10222 - Nuclear Waste Fund

§ 10223 - Alternative means of financing

§ 10224 - Office of Civilian Radioactive Waste Management

§ 10225 - Location of test and evaluation facility

§ 10226 - Nuclear Regulatory Commission training authorization

§ 10241 - “State” defined

§ 10242 - Office of Nuclear Waste Negotiator

§ 10243 - Duties of Negotiator

§ 10244 - Environmental assessment of sites

§ 10245 - Site characterization; licensing

§ 10246 - Monitored retrievable storage

§ 10247 - Environmental impact statement

§ 10248 - Administrative powers of Negotiator

§ 10249 - Cooperation of other departments and agencies

§ 10250 - Termination of Office

§ 10251 - Authorization of appropriations

§ 10261 - Definitions

§ 10262 - Nuclear Waste Technical Review Board

§ 10263 - Functions

§ 10264 - Investigatory powers

§ 10265 - Compensation of members

§ 10266 - Staff

§ 10267 - Support services

§ 10268 - Report

§ 10269 - Authorization of appropriations

§ 10270 - Termination of Board

Statutes at Large

Title 40 published on 10-May-2017 04:28

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 191 after this date.

  • 2014-10-10; vol. 79 # 197 - Friday, October 10, 2014
    1. 79 FR 61268 - Review Process To Determine Whether the Waste Isolation Pilot Plant Continues To Comply With the Disposal Regulations and Compliance Criteria
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Notice of availability; official opening of public comment period.
      Comments in response to DOE's 2014 recertification application must be received by the end of the comment period. The comment period will extend beyond the time when the EPA notifies the DOE that the recertification application is complete. The ending date of the public comment period will be specified in a subsequent Federal Register document. Announcements will be published in the Federal Register to provide information on the Agency's completeness determination and final recertification decision.
      40 CFR Parts 191 and 194