40 C.F.R. § 197.13
How is Subpart B implemented?
The NRC implements this subpart B. The DOE must demonstrate to NRC that there is a reasonable expectation of compliance with this subpart before NRC may issue a license.
(a) The NRC will determine compliance, based upon the arithmetic mean of the projected doses from DOE's performance assessments for the period within 1 million years after disposal, with:
(1) Sections 197.20(a)(1) and 197.20(a)(2) of this subpart; and
(2) Sections 197.25(b)(1), 197.25(b)(2), and 197.30 of this subpart, if performance assessment is used to demonstrate compliance with either or both of these sections.
(b) [Reserved]
Notes of Decisions
Cited in 2
cases, 2004–2004 · leading case: Nuclear Energy Inst., Inc. v. Env't Prot. Agency, 373 F.3d 1251 (D.C. Cir. 2004).
Nuclear Energy Inst., Inc. v. Env't Prot. Agency, 373 F.3d 1251 (D.C. Cir. 2004). “As NEI points out, part 197 requires DOE to demonstrate compliance with a separate ground-water standard in NRC licensing proceedings, see 40 C.F.R. §§ 197.13 , 197.30 - a requirement that both DOE and NAS found could complicate the licensing process, see Letter from Lake H.”
Nuc Engy Inst Inc v. EPA (D.C. Cir. 2004). “As NEI points out, part 197 requires DOE to demonstrate compliance with a separate ground-water standard in NRC licensing proceed- ings, see 40 C.F.R. §§ 197.13 , 197.30 – a requirement that both DOE and NAS found could complicate the licensing process, see Letter from Lake H.”
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