C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER F—RADIATION PROTECTION PROGRAMS › PART 191—ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR MANAGEMENT AND DISPOSAL OF SPENT NUCLEAR FUEL, HIGH-LEVEL AND TRANSURANIC RADIOACTIVE WASTES › Subpart B—Environmental Standards for Disposal

40 C.F.R. § 191.13

Containment requirements

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(a) Disposal systems for spent nuclear fuel or high-level or transuranic radioactive wastes shall be designed to provide a reasonable expectation, based upon performance assessments, that the cumulative releases of radionuclides to the accessible environment for 10,000 years after disposal from all significant processes and events that may affect the disposal system shall:

(1) Have a likelihood of less than one chance in 10 of exceeding the quantities calculated according to Table 1 (appendix A); and

(2) Have a likelihood of less than one chance in 1,000 of exceeding ten times the quantities calculated according to Table 1 (appendix A).

(b) Performance assessments need not provide complete assurance that the requirements of § 191.13(a) will be met. Because of the long time period involved and the nature of the events and processes of interest, there will inevitably be substantial uncertainties in projecting disposal system performance. Proof of the future performance of a disposal system is not to be had in the ordinary sense of the word in situations that deal with much shorter time frames. Instead, what is required is a reasonable expectation, on the basis of the record before the implementing agency, that compliance with § 191.13 (a) will be achieved.

Notes of Decisions
Cited in 4 cases, 1987–1997 · leading case: Nat. Resources Def. Council, Inc. v. United States Env't Prot. Agency, 824 F.2d 1258 (1st Cir. 1987).
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Nat. Resources Def. Council, Inc. v. United States Env't Prot. Agency, 824 F.2d 1258 (1st Cir. 1987). · cites it 4× “The first type is the general containment requirements, 40 C.F.R. § 191.13 . These require that nuclear waste disposal systems be designed to provide a reasonable expectation, based on performance assessment, that the cumulative releases of radiation to anywhere in the…”
Commonwealth Edison Co. v. United States Dep't of Energy & United States of Am., 877 F.2d 1042 (D.C. Cir. 1989). “The standards are designed to provide a reasonable expectation of minimal radionuclide release over a period of 10,000 years, see 40 C.F.R. § 191.13 (a) (1988). In short, Commonwealth Edison was not free to dispose of its waste in whatever manner it desired; indeed, it had no…”
Concerned Citizens of Nebraska v. United States Nuclear Regulatory Comm'n, 970 F.2d 421 (8th Cir. 1992). “40 C.F.R. § 191.13 (1991). . Although the NDEC does not have any regulations governing the disposal of high-level radioactive waste, we will assume arguendo that the NDEC regulations still treat the disposal of high-level radioactive waste differently than that of low-level…”
New Mexico v. Env't Prot. Agency, 114 F.3d 290 (D.C. Cir. 1997). “40 CFR § 191.13 . The regulations also require disposal system operators to take certain measures intended to assure fulfillment of this expectation.”
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