40 C.F.R. § 197.30

What standards must DOE meet?

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The DOE must demonstrate that there is a reasonable expectation that, for 10,000 years of undisturbed performance after disposal, releases of radionuclides from waste in the Yucca Mountain disposal system into the accessible environment will not cause the level of radioactivity in the representative volume of ground water to exceed the limits in the following Table 1:

Table 1—Limits on Radionuclides in the Representative Volume
Radionuclide or type of radiation emitted	Limit	Is natural background included?
Combined radium-226 and radium-228	5 picocuries per liter	Yes.
Gross alpha activity (including radium-226 but excluding radon and uranium)	15 picocuries per liter	Yes.
Combined beta and photon emitting radionuclides	40 microsieverts (4 millirem) per year to the whole body or any organ, based on drinking 2 liters of water per day from the representative volume	No.

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).

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Nuclear Energy Inst., Inc. v. Env't Prot. Agency, 373 F.3d 1251 (D.C. Cir. 2004). · cites it 4× “40 C.F.R. § 197.30 (Table 1). Measured according to “critical organ dose” methodology, these MCLs establish maximum radiation doses by reference to the part of the body most sensitive to the regulated radionuclide.”

Nuc Engy Inst Inc v. EPA (D.C. Cir. 2004). · cites it 4× “40 C.F.R. § 197.30 (Table 1). Measured according to ‘‘critical organ dose’’ methodology, these MCLs establish maximum radiation doses by reference to the part of the body most sensitive to the regulated radionuclide.”

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