Environmental Radiation Protection Standards for Management and Disposal of Spent Nuclear Fuel, High-Level and Transuranic Radioactive Wastes (40 CFR Part 191)
On this page:
Rule Summary
This regulation sets environmental standards for public protection from the management and disposal of spent nuclear fuelFuel that has been withdrawn from a nuclear reactor after use. It is still highly radioactive., high-level radioactive wastesHighly radioactive materials produced as a byproduct inside nuclear reactors. Other highly radioactive materials can be designated as high-level waste, if they require permanent isolation. and certain wastes that contain elements with atomic numbers higher than uranium (transuranicElements with atomic numbers higher than uranium (92). For example, plutonium and americium are transuranics. wastes). The standards apply to any disposal system and to the management and storage of these materials at any facility regulated by the U.S. Nuclear Regulatory Commission (NRC) or its Agreement States that is not subject to 40 CFR Part 190. They also apply to the management and storage of these materials at disposal facilities operated by the U.S. Department of Energy (DOE) and not regulated by NRC or its Agreement States. They do not apply to the proposed Yucca Mountain facility.
Subpart A limits the radiation exposure of members of the public from the management and storage of spent nuclear fuel and radioactive waste prior to its disposal.
Subpart B sets containment requirements for disposal systems, which limit the amount of radionuclides that may enter the environment for 10,000 years after facility closure. Subpart B also sets individual protection requirements which limit the amount of radiation to which an individual can be exposed from an undisturbed repository.
Subpart C includes ground water protection requirements that for 10,000 years after waste disposal, contamination in off-site underground sources of drinking water will not exceed the maximum contaminant level for radionuclides established by the EPA under the Safe Drinking Water Act.
Rule History
EPA originally promulgated these standards in 1985. The final rule was reissued in 1993 with updated individual and groundwater protection requirements. The complete rule history is described in the Preamble to the final rule published in the Federal Register on December 20, 1993.
Additional Resources
Memorandum of Understanding with the Department of Energy (DOE)
In February 2024, EPA and the Department of Energy signed a Memorandum of Understanding (MOU) to promote technical readiness and to facilitate the sharing of technical expertise, knowledge and data to support the potential development of environmental protection and public health standards for management and disposal of spent nuclear fuel and high-level waste. This MOU addresses technical coordination between DOE and EPA on geologic disposal scenarios, waste form and waste canister types, interim storage, waste retrievability, and information on high-level waste and advanced reactor spent nuclear fuel.
This MOU does not address, alter or affect DOE and EPA regulatory or research activities related to transuranic waste management, storage, or disposal. This MOU does not alter or affect EPA’s ongoing oversight responsibilities or DOE’s operational activities at the Waste Isolation Pilot Plant (WIPP).