40 CFR Part 191 – Environmental Radiation Protection Standards

YEAR
2026
DOCUMENT TYPE
GEOGRAPHY

Document Summary

40 C.F.R. Part 191 is a binding federal regulation issued by the Environmental Protection Agency (EPA). It sets nationwide environmental radiation protection standards for how the United States manages and disposes of spent nuclear fuel, high-level radioactive waste, and transuranic waste.

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

Part 191 establishes enforceable safety limits designed to protect the public and the environment from radiation exposure:

  • Subpart A sets limits on radiation exposure from the storage and management of nuclear waste before disposal.
  • Subpart B establishes strict long-term containment requirements for disposal sites, limiting the amount of radioactive material that can escape into the environment for up to 10,000 years after closure.
  • Subpart C sets standards to protect groundwater from contamination.

These rules legally constrain how federal agencies design, license, and operate nuclear waste facilities. They also serve as benchmarks for compliance, where projects must demonstrate they meet these standards before approval.

WHY THIS MATTERS

40 CFR Part 191 establishes the strictest environmental protections for nuclear waste, but only for permanent disposal. Interim storage projects, including those proposed in Texas and New Mexico, are not required to meet these same long-term standards. This creates a gap where waste can be stored for decades without the highest level of protection. For communities in the Permian Basin, that gap raises serious questions about long-term risk and federal accountability.

Key Excerpts

“Disposal systems shall be designed to provide a reasonable expectation that releases of radioactive materials… will not exceed the limits specified.” – §191.13

“The combined annual dose to any member of the public… shall not exceed the limits.” – §191.15

“Groundwater shall be protected from contamination.” – §191.16

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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.

2021 TEXAS AQUIFER LONGEVITY STUDY
2021 TEXAS AQUIFER LONGEVITY STUDY
2021 TEXAS AQUIFER LONGEVITY STUDY
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