40 CFR Part 191 – Environmental Radiation Protection Standards (Cornell LII)

YEAR
1985
SOURCE ORGANIZATION
DOCUMENT TYPE
GEOGRAPHY

Document Summary

This document is the full legal text of 40 C.F.R. Part 191, a federal regulation issued by the Environmental Protection Agency (EPA). It establishes nationwide environmental radiation protection standards for the management, storage, and disposal of spent nuclear fuel, high-level radioactive waste, and transuranic waste.

It is part of Title 40 of the Code of Federal Regulations, meaning it carries the force of law and applies to federal agencies (like the Department of Energy) and regulated facilities overseen by the Nuclear Regulatory Commission.

What it does legally:
Part 191 sets binding limits and performance standards designed to protect the public and the environment from radiation exposure:

  • Subpart A limits the amount of radiation people can be exposed to during the storage and management of nuclear waste before disposal.
  • Subpart B establishes long-term containment requirements for disposal sites, limiting the amount of radioactive material that can escape for up to 10,000 years after closure.
  • It also sets individual exposure limits for people living near a disposal site over long time periods.
  • Subpart C requires protection of groundwater sources to limit radioactive contamination of drinking water.

These standards must be met before a nuclear waste disposal system can be approved, and they are used by regulators to evaluate compliance and enforce safety requirements.

WHY THIS MATTERS

40 CFR Part 191 defines the federal standard for protecting people and the environment from nuclear waste, but it was designed with permanent disposal in mind. For Protect the Basin, the key question is whether interim storage projects are being evaluated against these same long-term protections. In regions like West Texas and southeastern New Mexico, where water and land are critical resources, these standards highlight what is at stake. Understanding them is essential to understanding whether current policies meet the level of protection communities deserve.

Key Excerpts

“Disposal systems shall be designed to provide a reasonable expectation that releases of radioactive materials will not exceed specified limits.” – Page 1

“The combined annual dose to any member of the public shall not exceed the limits established in this part.” – Page 2

“Groundwater resources shall be protected from contamination by radioactive materials.” – Page 3

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CITATION

40 C.F.R. Part 191 – Environmental Radiation Protection Standards for Management and Disposal of Spent Nuclear Fuel, High-Level and Transuranic Radioactive Wastes, Cornell Law School Legal Information Institute (mirror of EPA regulation). 

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