40 CFR Appendix C to Part 191, Guidance for Implementation of Subpart B

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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 §§ 191.13, 191.15, and 191.16 of subpart B by evaluating long-term predictions of disposal system performance. Determining compliance with § 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 §§ 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 § 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 § 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 § 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 § 191.13 if this single distribution function meets the requirements of § 191.13(a).

Compliance with §§ 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 §§ 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 § 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 § 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 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]

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 2015-08-22.

No entries appear in the Federal Register after this date, for 40 CFR Part 191.