[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2014 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Parts 190 to 259
Revised as of July 1, 2014
Containing a codification of documents of general
applicability and future effect
As of July 1, 2014
Published by Office of the Federal Register National
Archives and Records Administration as a Special
Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 485
Alphabetical List of Agencies Appearing in the CFR...... 505
List of CFR Sections Affected........................... 515
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 190.01 refers
to title 40, part 190,
section 01.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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OMB CONTROL NUMBERS
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collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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PAST PROVISIONS OF THE CODE
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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What if the material incorporated by reference cannot be found? If
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
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Charles A. Barth,
Director,
Office of the Federal Register.
July 1, 2014.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-three
volumes. The parts in these volumes are arranged in the following order:
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
end of part 60, sections), part 60 (Appendices), parts 61-62, part 63
(63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), part
63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-end of
part 63), parts 64-71, parts 72-80, parts 81-84, parts 85-86, parts 87-
95, parts 96-99, parts 100-135, parts 136-149, parts 150-189, parts 190-
259, parts 260-265, parts 266-299, parts 300-399, parts 400-424, parts
425-699, parts 700-789, parts 790-999, and part 1000 to end. The
contents of these volumes represent all current regulations codified
under this title of the CFR as of July 1, 2014.
Chapter I--Environmental Protection Agency appears in all thirty-
three volumes. Regulations issued by the Council on Environmental
Quality, including an Index to Parts 1500 through 1508, appear in the
volume containing part 1000 to end. The OMB control numbers for title 40
appear in Sec. 9.1 of this chapter.
For this volume, Susannah C. Hurley was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 190 to 259)
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Part
chapter i--Environmental Protection Agency (Continued)...... 190
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER F--RADIATION PROTECTION PROGRAMS
Part Page
190 Environmental radiation protection standards
for nuclear power operations............ 5
191 Environmental radiation protection standards
for management and disposal of spent
nuclear fuel, high-level and transuranic
radioactive wastes...................... 6
192 Health and environmental protection
standards for uranium and thorium mill
tailings................................ 17
194 Criteria for the certification and re-
certification of the Waste Isolation
Pilot Plant's compliance with the 40 CFR
part 191 disposal regulations........... 36
195 Radon proficiency programs.................. 59
197 Public health and environmental radiation
protection standards for Yucca Mountain,
Nevada.................................. 62
SUBCHAPTER G--NOISE ABATEMENT PROGRAMS
201 Noise emission standards for transportation
equipment; interstate rail carriers..... 71
202 Motor carriers engaged in interstate
commerce................................ 84
203 Low-noise-emission products................. 86
204 Noise emission standards for construction
equipment............................... 89
205 Transportation equipment noise emission
controls................................ 106
209 Rules of practice governing proceedings
under the Noise Control Act of 1972..... 160
210 Prior notice of citizen suits............... 171
211 Product noise labeling...................... 173
SUBCHAPTER H--OCEAN DUMPING
220 General..................................... 189
221 Applications for ocean dumping permits under
section 102 of the Act.................. 192
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222 Action on ocean dumping permit applications
under section 102 of the Act............ 193
223 Contents of permits; revision, revocation or
limitation of ocean dumping permits
under section 104(d) of the Act......... 200
224 Records and reports required of ocean
dumping permittees under section 102 of
the Act................................. 203
225 Corps of Engineers dredged material permits. 204
227 Criteria for the evaluation of permit
applications for ocean dumping of
materials............................... 205
228 Criteria for the management of disposal
sites for ocean dumping................. 216
229 General permits............................. 252
230 Section 404(b)(1) guidelines for
specification of disposal sites for
dredged or fill material................ 255
231 Section 404(c) procedures................... 308
232 404 Program definitions; exempt activities
not requiring 404 permits............... 312
233 404 State program regulations............... 319
238 Degradable plastic ring carriers............ 341
SUBCHAPTER I--SOLID WASTES
239 Requirements for State permit program
determination of adequacy............... 343
240 Guidelines for the thermal processing of
solid wastes............................ 351
241 Solid wastes used as fuels or ingredients in
combustion units........................ 359
243 Guidelines for the storage and collection of
residential, commercial, and
institutional solid waste............... 364
246 Source separation for materials recovery
guidelines.............................. 372
247 Comprehensive procurement guideline for
products containing recovered materials. 380
254 Prior notice of citizen suits............... 388
255 Identification of regions and agencies for
solid waste management.................. 390
256 Guidelines for development and
implementation of State solid waste
management plans........................ 396
257 Criteria for classification of solid waste
disposal facilities and practices....... 408
258 Criteria for municipal solid waste landfills 431
259
[Reserved]
SUBCHAPTER F_RADIATION PROTECTION PROGRAMS
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PART 190_ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR NUCLEAR POWER
OPERATIONS--Table of Contents
Subpart A_General Provisions
Sec.
190.01 Applicability.
190.02 Definitions.
Subpart B_Environmental Standards for the Uranium Fuel Cycle
190.10 Standards for normal operations.
190.11 Variances for unusual operations.
190.12 Effective date.
Authority: Atomic Energy Act of 1954, as amended; Reorganization
Plan No. 3, of 1970.
Source: 42 FR 2860, Jan. 13, 1977, unless otherwise noted.
Subpart A_General Provisions
Sec. 190.01 Applicability.
The provisions of this part apply to radiation doses received by
members of the public in the general environment and to radioactive
materials introduced into the general environment as the result of
operations which are part of a nuclear fuel cycle.
Sec. 190.02 Definitions.
(a) Nuclear fuel cycle means the operations defined to be associated
with the production of electrical power for public use by any fuel cycle
through utilization of nuclear energy.
(b) Uranium fuel cycle means the operations of milling of uranium
ore, chemical conversion of uranium, isotopic enrichment of uranium,
fabrication of uranium fuel, generation of electricity by a light-water-
cooled nuclear power plant using uranium fuel, and reprocessing of spent
uranium fuel, to the extent that these directly support the production
of electrical power for public use utilizing nuclear energy, but
excludes mining operations, operations at waste disposal sites,
transporta tion of any radioactive material in sup port of these
operations, and the reuse of recovered non-uranium special nu clear and
by-product materials from the cycle.
(c) General environment means the total terrestrial, atmospheric and
aquatic environments outside sites upon which any operation which is
part of a nuclear fuel cycle is conducted.
(d) Site means the area contained within the boundary of a location
under the control of persons possessing or using radioactive material on
which is conducted one or more operations covered by this part.
(e) Radiation means any or all of the following: Alpha, beta, gamma,
or X-rays; neutrons; and high-energy electrons, protons, or other atomic
particles; but not sound or radio waves, nor visible, infrared, or ultra
violet light.
(f) Radioactive material means any material which spontaneously
emits radiation.
(g) Curie (Ci) means that quantity of radioactive material producing
37 billion nuclear transformations per second. (One millicurie
(mCi)=0.001 Ci.)
(h) Dose equivalent means the product of absorbed dose and
appropriate factors to account for differences in biological
effectiveness due to the quality of radiation and its spatial
distribution in the body. The unit of dose equivalent is the ``rem.''
(One millirem (mrem)= 0.001 rem.)
(i) Organ means any human organ exclusive of the dermis, the
epidermis, or the cornea.
(j) Gigawatt-year refers to the quantity of electrical energy
produced at the busbar of a generating station. A gigawatt is equal to
one billion watts. A gigawatt-year is equivalent to the amount of energy
output represented by an average electric power level of one gigawatt
sustained for one year.
(k) Member of the public means any individual that can receive a
radiation dose in the general environment, whether he may or may not
also be exposed to radiation in an occupation associated with a nuclear
fuel cycle. However, an individual is not considered a member of the
public during any
[[Page 6]]
period in which he is engaged in carrying out any operation which is
part of a nuclear fuel cycle.
(l) Regulatory agency means the government agency responsible for
issuing regulations governing the use of sources of radiation or
radioactive materials or emissions therefrom and carrying out inspection
and enforcement activities to assure compliance with such regulations.
Subpart B_Environmental Standards for the Uranium Fuel Cycle
Sec. 190.10 Standards for normal operations.
Operations covered by this subpart shall be conducted in such a
manner as to provide reasonable assurance that:
(a) The annual dose equivalent does not exceed 25 millirems to the
whole body, 75 millirems to the thyroid, and 25 millirems to any other
organ of any member of the public as the result of exposures to planned
discharges of radioactive materials, radon and its daughters excepted,
to the general environment from uranium fuel cycle operations and to
radiation from these operations.
(b) The total quantity of radioactive materials entering the general
environment from the entire uranium fuel cycle, per gigawatt-year of
electrical energy produced by the fuel cycle, contains less than 50,000
curies of krypton-85, 5 millicuries of iodine-129, and 0.5 millicuries
combined of plutonium-239 and other alpha-emitting transuranic
radionuclides with half-lives greater than one year.
Sec. 190.11 Variances for unusual operations.
The standards specified in Sec. 190.10 may be exceeded if:
(a) The regulatory agency has granted a variance based upon its
determination that a temporary and unusual operating condition exists
and continued operation is in the public interest, and
(b) Information is promptly made a matter of public record
delineating the nature of unusual operating conditions, the degree to
which this operation is expected to result in levels in excess of the
standards, the basis of the variance, and the schedule for achieving
conformance with the standards.
Sec. 190.12 Effective date.
(a) The standards in Sec. 190.10(a) shall be effective December 1,
1979, except that for doses arising from operations associated with the
milling of uranium ore the effective date shall be December 1, 1980.
(b) The standards in Sec. 190.10(b) shall be effective December 1,
1979, except that the standards for krypton-85 and iodine-129 shall be
effective January 1, 1983, for any such radioactive materials generated
by the fission process after these dates.
PART 191_ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR MANAGEMENT AND
DISPOSAL OF SPENT NUCLEAR FUEL, HIGH-LEVEL AND TRANSURANIC RADIOACTIVE
WASTES--Table of Contents
Subpart A_Environmental Standards for Management and Storage
Sec.
191.01 Applicability.
191.02 Definitions.
191.03 Standards.
191.04 Alternative standards.
191.05 Effective date.
Subpart B_Environmental Standards for Disposal
191.11 Applicability.
191.12 Definitions.
191.13 Containment requirements.
191.14 Assurance requirements.
191.15 Individual protection requirements.
191.16 Alternative provisions for disposal.
191.17 Effective date.
Subpart C_Environmental Standards for Ground-Water Protection
191.21 Applicability.
191.22 Definitions.
191.23 General provisions.
191.24 Disposal standards.
191.25 Compliance with other Federal regulations.
191.26 Alternative provisions.
191.27 Effective date.
Appendix A to Part 191--Table for Subpart B
Appendix B to Part 191--Calculation of Annual Committed Effective Dose
Appendix C to Part 191--Guidance for Implementation of Subpart B
[[Page 7]]
Authority: The Atomic Energy Act of 1954, as amended, 42 U.S.C.
2011-2296; Reorganization Plan No. 3 of 1970, 5 U.S.C. app. 1; the
Nuclear Waste Policy Act of 1982, as amended, 42 U.S.C. 10101-10270; and
the Waste Isolation Pilot Plant Land Withdrawal Act, Pub. L. 102-579,
106 Stat. 4777.
Source: 50 FR 38084, Sept. 19, 1985, unless otherwise noted.
Subpart A_Environmental Standards for Management and Storage
Sec. 191.01 Applicability.
This subpart applies to:
(a) Radiation doses received by members of the public as a result of
the management (except for transportation) and storage of spent nuclear
fuel or high-level or transuranic radioactive wastes at any facility
regulated by the Nuclear Regulatory Commission or by Agreement States,
to the extent that such management and storage operations are not
subject to the provisions of part 190 of title 40; and
(b) Radiation doses received by members of the public as a result of
the management and storage of spent nuclear fuel or high-level or
transuranic wastes at any disposal facility that is operated by the
Department of Energy and that is not regulated by the Commission or by
Agreement States.
Sec. 191.02 Definitions.
Unless otherwise indicated in this subpart, all terms shall have the
same meaning as in Subpart A of Part 190.
(a) Agency means the Environmental Protection Agency.
(b) Administrator means the Administrator of the Environmental
Protection Agency.
(c) Commission means the Nuclear Regulatory Commission.
(d) Department means the Department of Energy.
(e) NWPA means the Nuclear Waste Policy Act of 1982 (Pub. L. 97-
425).
(f) Agreement State means any State with which the Commission or the
Atomic Energy Commission has entered into an effective agreement under
subsection 274b of the Atomic Energy Act of 1954, as amended (68 Stat.
919).
(g) Spent nuclear fuel means fuel that has been withdrawn from a
nuclear reactor following irradiation, the constituent elements of which
have not been separated by reprocessing.
(h) High-level radioactive waste, as used in this part, means high-
level radioactive waste as defined in the Nuclear Waste Policy Act of
1982 (Pub. L. 97-425).
(i) Transuranic radioactive waste, as used in this part, means waste
containing more than 100 nanocuries of alpha-emitting transuranic
isotopes, with half-lives greater than twenty years, per gram of waste,
except for: (1) High-level radioactive wastes; (2) wastes that the
Department has determined, with the concurrence of the Administrator, do
not need the degree of isolation required by this part; or (3) wastes
that the Commission has approved for disposal on a case-by-case basis in
accordance with 10 CFR Part 61.
(j) Radioactive waste, as used in this part, means the high-level
and transuranic radioactive waste covered by this part.
(k) Storage means retention of spent nuclear fuel or radioactive
wastes with the intent and capability to readily retrieve such fuel or
waste for subsequent use, processing, or disposal.
(l) Disposal means permanent isolation of spent nuclear fuel or
radioactive waste from the accessible environment with no intent of
recovery, whether or not such isolation permits the recovery of such
fuel or waste. For example, disposal of waste in a mined geologic
repository occurs when all of the shafts to the repository are
backfilled and sealed.
(m) Management means any activity, operation, or process (except for
transportation) conducted to prepare spent nuclear fuel or radioactive
waste for storage or disposal, or the activities associated with placing
such fuel or waste in a disposal system.
(n) Site means an area contained within the boundary of a location
under the effective control of persons possessing or using spent nuclear
fuel or radioactive waste that are involved in any activity, operation,
or process covered by this subpart.
[[Page 8]]
(o) General environment means the total terrestrial, atmospheric,
and aquatic environments outside sites within which any activity,
operation, or process associated with the management and storage of
spent nuclear fuel or radioactive waste is conducted.
(p) Member of the public means any individual except during the time
when that individual is a worker engaged in any activity, operation, or
process that is covered by the Atomic Energy Act of 1954, as amended.
(q) Critical organ means the most exposed human organ or tissue
exclusive of the integumentary system (skin) and the cornea.
Sec. 191.03 Standards.
(a) Management and storage of spent nuclear fuel or high-level or
transuranic radioactive wastes at all facilities regulated by the
Commission or by Agreement States shall be conducted in such a manner as
to provide reasonable assurance that the combined annual dose equivalent
to any member of the public in the general environment resulting from:
(1) Discharges of radioactive material and direct radiation from such
manage ment and storage and (2) all operations covered by Part 190;
shall not exceed 25 millirems to the whole body, 75 millirems to the
thyroid, and 25 millirems to any other critical organ.
(b) Management and storage of spent nuclear fuel or high-level or
transuranic radioactive wastes at all facilities for the disposal of
such fuel or waste that are operated by the Department and that are not
regulated by the Commission or Agreement States shall be conducted in
such a manner as to provide reasonable assurance that the combined
annual dose equivalent to any member of the public in the general
environment resulting from discharges of radioactive material and direct
radiation from such management and storage shall not exceed 25 millirems
to the whole body and 75 millirems to any critical organ.
Sec. 191.04 Alternative standards.
(a) The Administrator may issue alternative standards from those
standards established in Sec. 191.03(b) for waste management and
storage activities at facilities that are not regulated by the
Commission or Agreement States if, upon review of an application for
such alternative standards:
(1) The Administrator determines that such alternative standards
will prevent any member of the public from receiving a continuous
exposure of more than 100 millirems per year dose equivalent and an
infrequent exposure of more than 500 millirems dose equivalent in a year
from all sources, excluding natural background and medical procedures;
and
(2) The Administrator promptly makes a matter of public record the
degree to which continued operation of the facility is expected to
result in levels in excess of the standards specified in Sec.
191.03(b).
(b) An application for alternative standards shall be submitted as
soon as possible after the Department determines that continued
operation of a facility will exceed the levels specified in Sec.
191.03(b) and shall include all information necessary for the
Administrator to make the determinations called for in Sec. 191.04(a).
(c) Requests for alternative standards shall be submitted to the
Administrator, U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
[50 FR 38084, Sept. 19, 1985, as amended at 65 FR 47325, Aug. 2, 2000]
Sec. 191.05 Effective date.
The standards in this subpart shall be effective on November 18,
1985.
Subpart B_Environmental Standards for Disposal
Sec. 191.11 Applicability.
(a) This subpart applies to:
(1) Radioactive materials released into the accessible environment
as a result of the disposal of spent nuclear fuel or high-level or
transuranic radioactive wastes;
(2) Radiation doses received by members of the public as a result of
such disposal; and
(3) Radioactive contamination of certain sources of ground water in
the vicinity of disposal systems for such fuel or wastes.
[[Page 9]]
(b) This subpart does not apply to:
(1) Disposal directly into the oceans or ocean sediments;
(2) Wastes disposed of before November 18, 1985; and
(3) The characterization, licensing, construction, operation, or
closure of any site required to be characterized under section 113(a) of
Public Law 97-425, 96 Stat. 2201.
[50 FR 38084, Sept. 19, 1985, as amended at 58 FR 66414, Dec. 20, 1993]
Sec. 191.12 Definitions.
Unless otherwise indicated in this subpart, all terms shall have the
same meaning as in subpart A of this part.
Accessible environment means: (1) The atmosphere; (2) land surfaces;
(3) surface waters; (4) oceans; and (5) all of the lithosphere that is
beyond the controlled area.
Active institutional control means: (1) Controlling access to a
disposal site by any means other than passive institutional controls;
(2) performing maintenance operations or remedial actions at a site, (3)
controlling or cleaning up releases from a site, or (4) monitoring
parameters related to disposal system performance.
Annual committed effective dose means the committed effective dose
resulting from one-year intake of radionuclides released plus the annual
effective dose caused by direct radiation from facilities or activities
subject to subparts B and C of this part.
Aquifer means an underground geological formation, group of
formations, or part of a formation that is capable of yielding a
significant amount of water to a well or spring.
Barrier means any material or structure that prevents or
substantially delays movement of water or radionuclides toward the
accessible environment. For example, a barrier may be a geologic
structure, a canister, a waste form with physical and chemical
characteristics that significantly decrease the mobility of
radionuclides, or a material placed over and around waste, provided that
the material or structure substantially delays movement of water or
radionuclides.
Controlled area means: (1) A surface location, to be identified by
passive institutional controls, that encompasses no more than 100 square
kilometers and extends horizontally no more than five kilometers in any
direction from the outer boundary of the original location of the
radioactive wastes in a disposal system; and (2) the subsurface
underlying such a surface location.
Disposal system means any combination of engineered and natural
barriers that isolate spent nuclear fuel or radioactive waste after
disposal.
Dose equivalent means the product of absorbed dose and appropriate
factors to account for differences in biological effectiveness due to
the quality of radiation and its spatial distribution in the body; the
unit of dose equivalent is the ``rem'' (``sievert'' in SI units).
Effective dose means the sum over specified tissues of the products
of the dose equivalent received following an exposure of, or an intake
of radionuclides into, specified tissues of the body, multiplied by
appropriate weighting factors. This allows the various tissue-specific
health risks to be summed into an overall health risk. The method used
to calculate effective dose is described in appendix B of this part.
Ground water means water below the land surface in a zone of
saturation.
Heavy metal means all uranium, plutonium, or thorium placed into a
nuclear reactor.
Implementing agency means:
(1) The Commission for facilities licensed by the Commission;
(2) The Agency for those implementation responsibilities for the
Waste Isolation Pilot Plant, under this part, given to the Agency by the
Waste Isolation Pilot Plant Land Withdrawal Act (Pub. L. 102-579, 106
Stat. 4777) which, for the purposes of this part, are:
(i) Determinations by the Agency that the Waste Isolation Pilot
Plant is in compliance with subpart A of this part;
(ii) Issuance of criteria for the certifications of compliance with
subparts B and C of this part of the Waste Isolation Pilot Plant's
compliance with subparts B and C of this part;
(iii) Certifications of compliance with subparts B and C of this
part of
[[Page 10]]
the Waste Isolation Pilot Plant's compliance with subparts B and C of
this part;
(iv) If the initial certification is made, periodic recertification
of the Waste Isolation Pilot Plant's continued compliance with subparts
B and C of this part;
(v) Review and comment on performance assessment reports of the
Waste Isolation Pilot Plant; and
(vi) Concurrence by the Agency with the Department's determination
under Sec. 191.02(i) that certain wastes do not need the degree of
isolation required by subparts B and C of this part; and
(3) The Department of Energy for any other disposal facility and all
other implementation responsibilities for the Waste Isolation Pilot
Plant, under this part, not given to the Agency.
International System of Units is the version of the metric system
which has been established by the International Bureau of Weights and
Measures and is administered in the United States by the National
Institute of Standards and Technology. The abbreviation for this system
is ``SI.''
Lithosphere means the solid part of the Earth below the surface,
including any ground water contained within it.
Passive institutional control means: (1) Permanent markers placed at
a disposal site, (2) public records and archives, (3) government
ownership and regulations regarding land or resource use, and (4) other
methods of preserving knowledge about the location, design, and contents
of a disposal system.
Performance assessment means an analysis that: (1) Identifies the
processes and events that might affect the disposal system; (2) examines
the effects of these processes and events on the performance of the
disposal system; and (3) estimates the cumulative releases of
radionuclides, considering the associated uncertainties, caused by all
significant processes and events. These estimates shall be incorporated
into an overall probability distribution of cumulative release to the
extent practicable.
Radioactive material means matter composed of or containing
radionuclides, with radiological half-lives greater than 20 years,
subject to the Atomic Energy Act of 1954, as amended.
SI unit means a unit of measure in the International System of
Units.
Sievert is the SI unit of effective dose and is equal to 100 rem or
one joule per kilogram. The abbreviation is ``Sv.''
Undisturbed performance means the predicted behavior of a disposal
system, including consideration of the uncertainties in predicted
behavior, if the disposal system is not disrupted by human intrusion or
the occurrence of unlikely natural events.
Waste, as used in this subpart, means any spent nuclear fuel or
radioactive waste isolated in a disposal system.
Waste form means the materials comprising the radioactive components
of waste and any encapsulating or stabilizing matrix.
[50 FR 38084, Sept. 19, 1985, as amended at 58 FR 66414, Dec. 20, 1993]
Sec. 191.13 Containment requirements.
(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 Sec. 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
[[Page 11]]
agency, that compliance with Sec. 191.13 (a) will be achieved.
Sec. 191.14 Assurance requirements.
To provide the confidence needed for long-term compliance with the
requirements of Sec. 191.13, disposal of spent nuclear fuel or high-
level or transuranic wastes shall be conducted in accordance with the
following provisions, except that these provisions do not apply to
facilities regulated by the Commission (see 10 CFR Part 60 for
comparable provisions applicable to facilities regulated by the
Commission):
(a) Active institutional controls over disposal sites should be
maintained for as long a period of time as is practicable after
disposal; however, performance assessments that assess isolation of the
wastes from the accessible environment shall not consider any
contributions from active institutional controls for more than 100 years
after disposal.
(b) Disposal systems shall be monitored after disposal to detect
substantial and detrimental deviations from expected performance. This
monitoring shall be done with techniques that do not jeopardize the
isolation of the wastes and shall be conducted until there are no
significant concerns to be addressed by further monitoring.
(c) Disposal sites shall be designated by the most permanent
markers, records, and other passive institutional controls practicable
to indicate the dangers of the wastes and their location.
(d) Disposal systems shall use different types of barriers to
isolate the wastes from the accessible environment. Both engineered and
natural barriers shall be included.
(e) Places where there has been mining for resources, or where there
is a reasonable expectation of exploration for scarce or easily
accessible resources, or where there is a significant concentration of
any material that is not widely available from other sources, should be
avoided in selecting disposal sites. Resources to be considered shall
include minerals, petroleum or natural gas, valuable geologic
formations, and ground waters that are either irreplaceable because
there is no reasonable alternative source of drinking water available
for substantial populations or that are vital to the preservation of
unique and sensitive eco systems. Such places shall not be used for
disposal of the wastes covered by this part unless the favorable char
acter is tics of such places com pen sate for their greater likelihood
of being dis turbed in the future.
(f) Disposal systems shall be selected so that removal of most of
the wastes is not precluded for a reasonable period of time after
disposal.
Sec. 191.15 Individual protection requirements.
(a) Disposal systems for waste and any associated radioactive
material shall be designed to provide a reasonable expectation that, for
10,000 years after disposal, undisturbed performance of the disposal
system shall not cause the annual committed effective dose, received
through all potential pathways from the disposal system, to any member
of the public in the accessible environment, to exceed 15 millirems (150
microsieverts).
(b) Annual committed effective doses shall be calculated in
accordance with appendix B of this part.
(c) Compliance assessments need not provide complete assurance that
the requirements of paragraph (a) of this section will be met. Because
of the long time period involved and the nature of the processes and
events 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
paragraph (a) of this section will be achieved.
(d) Compliance with the provisions in this section does not negate
the necessity to comply with any other applicable Federal regulations or
requirements.
(e) The standards in this section shall be effective on January 19,
1994.
[58 FR 66414, Dec. 20, 1993]
[[Page 12]]
Sec. 191.16 Alternative provisions for disposal.
The Administrator may, by rule, substitute for any of the provisions
of subpart B alternative provisions chosen after:
(a) The alternative provisions have been proposed for public comment
in the Federal Register together with information describing the costs,
risks, and benefits of disposal in accordance with the alternative
provisions and the reasons why compliance with the existing provisions
of Subpart B appears inappropriate;
(b) A public comment period of at least 90 days has been completed,
during which an opportunity for public hearings in affected areas of the
country has been provided; and
(c) The public comments received have been fully considered in
developing the final version of such alternative provisions.
[50 FR 38084, Sept. 19, 1985. Redesignated at 58 FR 66414, Dec. 20,
1993]
Sec. 191.17 Effective date.
The standards in this subpart shall be effective on November 18,
1985.
[50 FR 38084, Sept. 19, 1985; 50 FR 40003, Oct. 1, 1985. Redesignated at
58 FR 66414, Dec. 20, 1993]
Subpart C_Environmental Standards for Ground-Water Protection
Source: 58 FR 66415, Dec. 20, 1993, unless otherwise noted.
Sec. 191.21 Applicability.
(a) This subpart applies to:
(1) Radiation doses received by members of the public as a result of
activities subject to subpart B of this part; and
(2) Radioactive contamination of underground sources of drinking
water in the accessible environment as a result of such activities.
(b) This subpart does not apply to:
(1) Disposal directly into the oceans or ocean sediments;
(2) Wastes disposed of before the effective date of this subpart;
and
(3) The characterization, licensing, construction, operation, or
closure of any site required to be characterized under section 113(a) of
Public Law 97-425, 96 Stat. 2201.
Sec. 191.22 Definitions.
Unless otherwise indicated in this subpart, all terms have the same
meaning as in subparts A and B of this part.
Public water system means a system for the provision to the public
of piped water for human consumption, if such system has at least
fifteen service connections or regularly serves at least twenty-five
individuals. Such term includes:
(1) Any collection, treatment, storage, and distribution facilities
under control of the operator of such system and used primarily in
connection with such system; and
(2) Any collection or pretreatment storage facilities not under such
control which are used primarily in connection with such system.
Total dissolved solids means the total dissolved (filterable) solids
in water as determined by use of the method specified in 40 CFR part
136.
Underground source of drinking water means an aquifer or its portion
which:
(1) Supplies any public water system; or
(2) Contains a sufficient quantity of ground water to supply a
public water system; and
(i) Currently supplies drinking water for human consumption; or
(ii) Contains fewer than 10,000 milligrams of total dissolved solids
per liter.
Sec. 191.23 General provisions.
(a) Determination of compliance with this subpart shall be based
upon underground sources of drinking water which have been identified on
the date the implementing agency determines compliance with subpart C of
this part.
(b) [Reserved]
Sec. 191.24 Disposal standards.
(a) Disposal systems.
(1) General. Disposal systems for waste and any associated
radioactive material shall be designed to provide a reasonable
expectation that 10,000 years of undisturbed performance after disposal
shall not cause the levels of radioactivity in any underground
[[Page 13]]
source of drinking water, in the accessible environment, to exceed the
limits specified in 40 CFR part 141 as they exist on January 19, 1994.
(2) Disposal systems above or within a formation which within one-
quarter (\1/4\) mile contains an underground source of drinking water.
[Reserved]
(b) Compliance assessments need not provide complete assurance that
the requirements of paragraph (a) of this section will be met. Because
of the long time period involved and the nature of the processes and
events 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
paragraph (a) of this section will be achieved.
Sec. 191.25 Compliance with other Federal regulations.
Compliance with the provisions in this subpart does not negate the
necessity to comply with any other applicable Federal regulations or
requirements.
Sec. 191.26 Alternative provisions.
The Administrator may, by rule, substitute for any of the provisions
of this subpart alternative provisions chosen after:
(a) The alternative provisions have been proposed for public comment
in the Federal Register together with information describing the costs,
risks, and benefits of disposal in accordance with the alternative
provisions and the reasons why compliance with the existing provisions
of this subpart appears inappropriate;
(b) A public comment period of at least 90 days has been completed,
during which an opportunity for public hearings in affected areas of the
country has been provided; and
(c) The public comments received have been fully considered in
developing the final version of such alternative provisions.
Sec. 191.27 Effective date.
The standards in this subpart shall be effective on January 19,
1994.
Sec. Appendix A to Part 191--Table for Subpart B
Table 1--Release Limits for Containment Requirements
[Cumulative releases to the accessible environment for 10,000 years
after disposal]
------------------------------------------------------------------------
Release
limit per
1,000
MTHM or
other
Radionuclide unit of
waste
(see
notes)
(curies)
------------------------------------------------------------------------
Americium-241 or -243........................................ 100
Carbon-14.................................................... 100
Cesium-135 or -137........................................... 1,000
Iodine-129................................................... 100
Neptunium-237................................................ 100
Plutonium-238, -239, -240, or -242........................... 100
Radium-226................................................... 100
Strontium-90................................................. 1,000
Technetium-99................................................ 10,000
Thorium-230 or -232.......................................... 10
Tin-126...................................................... 1,000
Uranium-233, -234, -235, -236, or -238....................... 100
Any other alpha-emitting radionuclide with a half-life 100
greater than 20 years.......................................
Any other radionuclide with a half-life greater than 20 years 1,000
that does not emit alpha particles..........................
------------------------------------------------------------------------
Application of Table 1
Note 1: Units of Waste. The Release Limits in Table 1 apply to the
amount of wastes in any one of the following:
(a) An amount of spent nuclear fuel containing 1,000 metric tons of
heavy metal (MTHM) exposed to a burnup between 25,000 megawatt-days per
metric ton of heavy metal (MWd/MTHM) and 40,000 MWd/MTHM;
(b) The high-level radioactive wastes generated from reprocessing
each 1,000 MTHM exposed to a burnup between 25,000 MWd/MTHM and 40,000
MWd/MTHM;
(c) Each 100,000,000 curies of gamma or beta-emitting radionuclides
with half-lives greater than 20 years but less than 100 years (for use
as discussed in Note 5 or with materials that are identified by the
Commission as high-level radioactive waste in accordance with part B of
the definition of high-level waste in the NWPA);
(d) Each 1,000,000 curies of other radionuclides (i.e., gamma or
beta-emitters with half-lives greater than 100 years or any alpha-
emitters with half-lives greater than 20 years) (for use as discussed in
Note 5 or with materials that are identified by the Commission as high-
level radioactive waste in accordance with part B of the definition of
high-level waste in the NWPA); or
[[Page 14]]
(e) An amount of transuranic (TRU) wastes containing one million
curies of alpha-emitting transuranic radionuclides with half-lives
greater than 20 years.
Note 2: Release Limits for Specific Disposal Systems. To develop
Release Limits for a particular disposal system, the quantities in Table
1 shall be adjusted for the amount of waste included in the disposal
system compared to the various units of waste defined in Note 1. For
example:
(a) If a particular disposal system contained the high-level wastes
from 50,000 MTHM, the Release Limits for that system would be the
quantities in Table 1 multiplied by 50 (50,000 MTHM divided by 1,000
MTHM).
(b) If a particular disposal system contained three million curies
of alpha-emitting transuranic wastes, the Release Limits for that system
would be the quantities in Table 1 multiplied by three (three million
curies divided by one million curies).
(c) If a particular disposal system contained both the high-level
wastes from 50,000 MTHM and 5 million curies of alpha-emitting
transuranic wastes, the Release Limits for that system would be the
quantities in Table 1 multiplied by 55:
[GRAPHIC] [TIFF OMITTED] TC11NO91.000
Note 3: Adjustments for Reactor Fuels with Different Burnup. For
disposal systems containing reactor fuels (or the high-level wastes from
reactor fuels) exposed to an average burnup of less than 25,000 MWd/MTHM
or greater than 40,000 MWd/MTHM, the units of waste defined in (a) and
(b) of Note 1 shall be adjusted. The unit shall be multiplied by the
ratio of 30,000 MWd/MTHM divided by the fuel's actual average burnup,
except that a value of 5,000 MWd/MTHM may be used when the average fuel
burnup is below 5,000 MWd/MTHM and a value of 100,000 MWd/MTHM shall be
used when the average fuel burnup is above 100,000 MWd/MTHM. This
adjusted unit of waste shall then be used in determining the Release
Limits for the disposal system.
For example, if a particular disposal system contained only high-
level wastes with an average burnup of 3,000 MWd/MTHM, the unit of waste
for that disposal system would be:
[GRAPHIC] [TIFF OMITTED] TC11NO91.001
If that disposal system contained the high-level wastes from 60,000
MTHM (with an average burnup of 3,000 MWd/MTHM), then the Release Limits
for that system would be the quantities in Table 1 multiplied by ten:
[GRAPHIC] [TIFF OMITTED] TC11NO91.002
which is the same as:
[GRAPHIC] [TIFF OMITTED] TC11NO91.003
Note 4: Treatment of Fractionated High-Level Wastes. In some cases,
a high-level waste stream from reprocessing spent nuclear fuel may have
been (or will be) separated into two or more high-level waste components
destined for different disposal systems. In such cases, the implementing
agency may allocate the Release Limit multiplier (based upon the
original MTHM and the average fuel burnup of the high-level waste
stream) among the various disposal systems as it chooses, provided that
the total Release Limit multiplier used for that waste stream at all of
its disposal systems may not exceed the Release Limit multiplier that
would be used if the entire waste stream were disposed of in one
disposal system.
Note 5: Treatment of Wastes with Poorly Known Burnups or Original
MTHM. In some cases, the records associated with particular high-level
waste streams may not be adequate to accurately determine the original
metric tons of heavy metal in the reactor fuel that created the waste,
or to determine the average burnup that the fuel was exposed to. If the
uncertainties are such that the original amount of heavy metal or the
average fuel burnup for particular high-level waste streams cannot be
quantified, the units of waste derived from (a) and (b) of Note 1 shall
no longer be used. Instead, the units of waste defined in (c) and (d) of
Note 1 shall be used for such high-level waste streams. If the
uncertainties in such information allow a range of values to be
associated with the original amount of heavy metal or the average fuel
burnup, then the calculations described in previous Notes will be
conducted using the values that result in the smallest Release Limits,
except that the Release Limits need not be smaller than those that would
be calculated using the units of waste defined in (c) and (d) of Note 1.
Note 6: Uses of Release Limits to Determine Compliance with Sec.
191.13 Once release limits for a particular disposal system have been
determined in accordance with Notes 1 through 5, these release limits
shall be used to determine compliance with the requirements of Sec.
191.13 as follows. In cases where a mixture of radionuclides is
projected to be released to the accessible environment, the limiting
values shall be determined as follows: For each radionuclide in the
mixture, determine the ratio between the cumulative release quantity
projected over 10,000 years
[[Page 15]]
and the limit for that radionuclide as determined from Table 1 and Notes
1 through 5. The sum of such ratios for all the radionuclides in the
mixture may not exceed one with regard to Sec. 191.13(a)(1) and may not
exceed ten with regard to Sec. 191.13(a)(2).
For example, if radionuclides A, B, and C are projected to be
released in amounts Qa, Qb, and Qc, and
if the applicable Release Limits are RLa, RLb, and
RLc, then the cumulative releases over 10,000 years shall be
limited so that the following relationship exists:
[GRAPHIC] [TIFF OMITTED] TC11NO91.004
[50 FR 38084, Sept. 19, 1985, as amended at 58 FR 66415, Dec. 20, 1993]
Sec. Appendix B to Part 191--Calculation of Annual Committed Effective
Dose
I. Equivalent Dose
The calculation of the committed effective dose (CED) begins with
the determination of the equivalent dose, HT, to a tissue or
organ, T, listed in Table B.2 below by using the equation:
[GRAPHIC] [TIFF OMITTED] TR20DE93.009
where DT, R is the absorbed dose in rads (one gray, an SI
unit, equals 100 rads) averaged over the tissue or organ, T, due to
radiation type, R, and wR is the radiation weighting factor
which is given in Table B.1 below. The unit of equivalent dose is the
rem (sievert, in SI units).
Table B.1--Radiation Weighting Factors, wR\1\
------------------------------------------------------------------------
wR
Radiation type and energy range \2\ value
------------------------------------------------------------------------
Photons, all energies........................................... 1
Electrons and muons, all energies............................... 1
Neutrons, energy <10 keV........................................ 5
10 keV to 100 keV..................................... 10
100 keV to 2 MeV........................... 20
2 MeV to 20 MeV............................ 10
20 MeV..................................... 5
Protons, other than recoil protons, 2 MeV............ 5
Alpha particles, fission fragments, heavy nuclei................ 20
------------------------------------------------------------------------
\1\ All values relate to the radiation incident on the body or, for
internal sources, emitted from the source.
\2\ See paragraph A14 in ICRP Publication 60 for the choice of values
for other radiation types and energies not in the table.
II. Effective Dose
The next step is the calculation of the effective dose, E. The
probability of occurrence of a stochastic effect in a tissue or organ is
assumed to be proportional to the equivalent dose in the tissue or
organ. The constant of proportionality differs for the various tissues
of the body, but in assessing health detriment the total risk is
required. This is taken into account using the tissue weighting factors,
wT in Table B.2, which represent the proportion of the
stochastic risk resulting from irradiation of the tissue or organ to the
total risk when the whole body is irradiated uniformly and HT
is the equivalent dose in the tissue or organ, T, in the equation:
[GRAPHIC] [TIFF OMITTED] TR20DE93.010
Table B.2--Tissue Weighting Factors, wT \1\
------------------------------------------------------------------------
Tissue or organ wT value
------------------------------------------------------------------------
Gonads.................................................. 0.25
Breast.................................................. 0.15
Red bone marrow......................................... 0.12
Lung.................................................... 0.12
Thyroid................................................. 0.03
Bone surfaces........................................... 0.03
Remainder............................................... \2\ 0.30
------------------------------------------------------------------------
\1\ The values are considered to be appropriate for protection for
individuals of both sexes and all ages.
\2\ For purposes of calculation, the remainder is comprised of the five
tissues or organs not specifically listed in Table B.2 that receive
the highest dose equivalents; a weighting factor of 0.06 is applied to
each of them, including the various sections of the gastrointestinal
tract which are treated as separate organs. This covers all tissues
and organs except the hands and forearms, the feet and ankles, the
skin and the lens of the eye. The excepted tissues and organs should
be excluded from the computation of HE.
III. Annual Committed Tissue or Organ Equivalent Dose
For internal irradiation from incorporated radionuclides, the total
absorbed dose will be spread out in time, being gradually delivered as
the radionuclide decays. The time distribution of the absorbed dose rate
will vary with the radionuclide, its form, the mode of intake and the
tissue within which it is incorporated. To take account of this
distribution the quantity committed equivalent dose, H[Tau]([tau]) where
is the integration time in years following an intake over any particular
year, is used and is the integral over time of the equivalent dose rate
in a particular tissue or organ that will be received by an individual
following an intake of radioactive material into the body. The time
period, [tau], is taken as 50 years as an average time of exposure
following intake:
[GRAPHIC] [TIFF OMITTED] TR20DE93.011
for a single intake of activity at time t0 where
HT(t) is the relevant equivalent-dose rate in a tissue or
organ at time t. For the purposes of this part, the previously mentioned
single intake may be considered to be an annual intake.
[[Page 16]]
IV. Annual Committed Effective Dose
If the committed equivalent doses to the individual tissues or
organs resulting from an annual intake are multiplied by the appropriate
weighting factors, wT, and then summed, the result will be
the annual committed effective dose, E([tau]):
[GRAPHIC] [TIFF OMITTED] TR20DE93.012
[58 FR 66415, Dec. 20, 1993]
Sec. Appendix C to Part 191--Guidance for Implementation of Subpart B
[Note: The supplemental information in this appendix is not an
integral part of 40 CFR part 191. Therefore, the implementing agencies
are not bound to follow this guidance. However, it is included because
it describes the Agency's assumptions regarding the implementation of
subpart B. This appendix will appear in the Code of Federal
Regulations.]
The Agency believes that the implementing agencies must determine
compliance with Sec. Sec. 191.13, 191.15, and 191.16 of subpart B by
evaluating long-term predictions of disposal system performance.
Determining compliance with Sec. 191.13 will also involve predicting
the likelihood of events and processes that may disturb the disposal
system. In making these various predictions, it will be appropriate for
the implementing agencies to make use of rather complex computational
models, analytical theories, and prevalent expert judgment relevant to
the numerical predictions. Substantial uncertainties are likely to be
encountered in making these predictions. In fact, sole reliance on these
numerical predictions to determine compliance may not be appropriate;
the implementing agencies may choose to supplement such predictions with
qualitative judgments as well. Because the procedures for determining
compliance with subpart B have not been formulated and tested yet, this
appendix to the rule indicates the Agency's assumptions regarding
certain issues that may arise when implementing Sec. Sec. 191.13,
191.15, and 191.16. Most of this guidance applies to any type of
disposal system for the wastes covered by this rule. However, several
sections apply only to disposal in mined geologic repositories and would
be inappropriate for other types of disposal systems.
Consideration of Total Disposal System. When predicting disposal
system performance, the Agency assumes that reasonable projections of
the protection expected from all of the engineered and natural barriers
of a disposal system will be considered. Portions of the disposal system
should not be disregarded, even if projected performance is uncertain,
except for portions of the system that make negligible contributions to
the overall isolation provided by the disposal system.
Scope of Performance Assessments. Section 191.13 requires the
implementing agencies to evaluate compliance through performance
assessments as defined in Sec. 191.12(q). The Agency assumes that such
performance assessments need not consider categories of events or
processes that are estimated to have less than one chance in 10,000 of
occurring over 10,000 years. Furthermore, the performance assessments
need not evaluate in detail the releases from all events and processes
estimated to have a greater likelihood of occurrence. Some of these
events and processes may be omitted from the performance assessments if
there is a reasonable expectation that the remaining probability
distribution of cumulative releases would not be significantly changed
by such omissions.
Compliance with Sec. 191.13. The Agency assumes that, whenever
practicable, the implementing agency will assemble all of the results of
the performance assessments to determine compliance with Sec. 191.13
into a ``complementary cumulative distribution function'' that indicates
the probability of exceeding various levels of cumulative release. When
the uncertainties in parameters are considered in a performance
assessment, the effects of the uncertainties considered can be
incorporated into a single such distribution function for each disposal
system considered. The Agency assumes that a disposal system can be
considered to be in compliance with Sec. 191.13 if this single
distribution function meets the requirements of Sec. 191.13(a).
Compliance with Sec. Sec. 191.15 and 191.16. When the uncertainties
in undisturbed performance of a disposal system are considered, the
implementing agencies need not require that a very large percentage of
the range of estimated radiation exposures or radionuclide
concentrations fall below limits established in Sec. Sec. 191.15 and
191.16, respectively. The Agency assumes that compliance can be
determined based upon ``best estimate'' predictions (e.g., the mean or
the median of the appropriate distribution, whichever is higher).
Institutional Controls. To comply with Sec. 191.14(a), the
implementing agency will assume that none of the active institutional
controls prevent or reduce radionuclide releases for more than 100 years
after disposal. However, the Federal Government is committed to
retaining ownership of all disposal sites for spent nuclear fuel and
high-level and transuranic radioactive wastes and will establish
appropriate markers and records, consistent with Sec. 191.14(c). The
Agency assumes that, as long as such passive institutional controls
endure and are understood, they: (1) Can be effective in deterring
systematic or persistent exploitation of these
[[Page 17]]
disposal sites; and (2) can reduce the likelihood of inadvertent,
intermittent human intrusion to a degree to be determined by the
implementing agency. However, the Agency believes that passive
institutional controls can never be assumed to eliminate the chance of
inadvertent and intermittent human intrusion into these disposal sites.
Consideration of Inadvertent Human Intrusion into Geologic
Repositories. The most speculative potential disruptions of a mined
geologic repository are those associated with inadvertent human
intrusion. Some types of intrusion would have virtually no effect on a
repository's containment of waste. On the other hand, it is possible to
conceive of intrusions (involving widespread societal loss of knowledge
regarding radioactive wastes) that could result in major disruptions
that no reasonable repository selection or design precautions could
alleviate. The Agency believes that the most productive consideration of
inadvertent intrusion concerns those realistic possibilities that may be
usefully mitigated by repository design, site selection, or use of
passive controls (although passive institutional controls should not be
assumed to completely rule out the possibility of intrusion). Therefore,
inadvertent and intermittent intrusion by exploratory drilling for
resources (other than any provided by the disposal system itself) can be
the most severe intrusion scenario assumed by the implementing agencies.
Furthermore, the implementing agencies can assume that passive
institutional controls or the intruders' own exploratory procedures are
adequate for the intruders to soon detect, or be warned of, the
incompatibility of the area with their activities.
Frequency and Severity of Inadvertent Human Intrusion into Geologic
Repositories. The implementing agencies should consider the effects of
each particular disposal system's site, design, and passive
institutional controls in judging the likelihood and consequences of
such inadvertent exploratory drilling. However, the Agency assumes that
the likelihood of such inadvertent and intermittent drilling need not be
taken to be greater than 30 boreholes per square kilometer of repository
area per 10,000 years for geologic repositories in proximity to
sedimentary rock formations, or more than 3 boreholes per square
kilometer per 10,000 years for repositories in other geologic
formations. Furthermore, the Agency assumes that the consequences of
such inadvertent drilling need not be assumed to be more severe than:
(1) Direct release to the land surface of all the ground water in the
repository horizon that would promptly flow through the newly created
borehole to the surface due to natural lithostatic pressure--or (if
pumping would be required to raise water to the surface) release of 200
cubic meters of ground water pumped to the surface if that much water is
readily available to be pumped; and (2) creation of a ground water flow
path with a permeability typical of a borehole filled by the soil or
gravel that would normally settle into an open hole over time--not the
permeability of a carefully sealed borehole.
[50 FR 38084, Sept. 19, 1985. Redesignated and amended at 58 FR 66415,
Dec. 20, 1993]
PART 192_HEALTH AND ENVIRONMENTAL PROTECTION STANDARDS FOR URANIUM AND
THORIUM MILL TAILINGS--Table of Contents
Subpart A_Standards for the Control of Residual Radioactive Materials
from Inactive Uranium Processing Sites
Sec.
192.00 Applicability.
192.01 Definitions.
192.02 Standards.
192.03 Monitoring.
192.04 Corrective action.
Table 1 to Subpart A of Part 192--Maximum Concentration of Constituents
for Groundwater Protection
Subpart B_Standards for Cleanup of Land and Buildings Contaminated with
Residual Radioactive Materials from Inactive Uranium Processing Sites
192.10 Applicability.
192.11 Definitions.
192.12 Standards.
Subpart C_Implementation
192.20 Guidance for implementation.
192.21 Criteria for applying supplemental standards.
192.22 Supplemental standards.
192.23 Effective date.
Subpart D_Standards for Management of Uranium Byproduct Materials
Pursuant to Section 84 of the Atomic Energy Act of 1954, as Amended
192.30 Applicability.
192.31 Definitions and cross-references.
192.32 Standards.
192.33 Corrective action programs.
192.34 Effective date.
Table A to Subpart D of Part 192
Subpart E_Standards for Management of Thorium Byproduct Materials
Pursuant to Section 84 of the Atomic Energy Act of 1954, as Amended
192.40 Applicability.
[[Page 18]]
192.41 Provisions.
192.42 Substitute provisions.
192.43 Effective date.
Appendix I to Part 192--Listed Constituents
Authority: Sec. 275 of the Atomic Energy Act of 1954, 42 U.S.C.
2022, as added by the Uranium Mill Tailings Radiation Control Act of
1978, Pub. L. 95-604, as amended.
Source: 48 FR 602, Jan. 5, 1983, unless otherwise noted.
Subpart A_Standards for the Control of Residual Radioactive Materials
from Inactive Uranium Processing Sites
Sec. 192.00 Applicability.
This subpart applies to the control of residual radioactive material
at designated processing or depository sites under section 108 of the
Uranium Mill Tailings Radiation Control Act of 1978 (henceforth
designated ``the Act''), and to restoration of such sites following any
use of subsurface minerals under section 104(h) of the Act.
(2) Other wastes (which the Secretary determines to be radioactive)
at a processing site which relate to such processing, including any
residual stock of unprocessed ores or low-grade materials.
(b) Remedial action means any action performed under section 108 of
the Act.
(c) Control means any remedial action intended to stabilize, inhibit
future misuse of, or reduce emissions or effluents from residual
radioactive materials.
(d) Disposal site means the region within the smallest perimeter of
residual radioactive material (excluding cover materials) following
completion of control
Sec. 192.01 Definitions.
(a) Residual radioactive material means:
(1) Waste (which the Secretary determines to be radioactive) in the
form of tailings resulting from the processing of ores for the
extraction of uranium and other valuable constituents of the ores; and
activities.
(e) Depository site means a site (other than a processing site)
selected under Section 104(b) or 105(b) of the Act.
(f) Curie (Ci) means the amount of radioactive material that
produces 37 billion nuclear transformation per second. One picocurie
(pCi) = 10-12 Ci.
(g) Act means the Uranium Mill Tailings Radiation Control Act of
1978, as amended.
(h) Administrator means the Administrator of the Environmental
Protection Agency.
(i) Secretary means the Secretary of Energy.
(j) Commission means the Nuclear Regulatory Commission.
(k) Indian tribe means any tribe, band, clan, group, pueblo, or
community of Indians recognized as eligible for services provided by the
Secretary of the Interior to Indians.
(l) Processing site means:
(1) Any site, including the mill, designated by the Secretary under
Section 102(a)(1) of the Act; and
(2) Any other real property or improvement thereon which is in the
vicinity of such site, and is determined by the Secretary, in
consultation with the Commission, to be contaminated with residual
radioactive materials derived from such site.
(m) Tailings means the remaining portion of a metal-bearing ore
after some or all of such metal, such as uranium, has been extracted.
(n) Disposal period means the period of time beginning March 7, 1983
and ending with the completion of all subpart A requirements specified
under a plan for remedial action except those specified in Sec. 192.03
and Sec. 192.04.
(o) Plan for remedial action means a written plan (or plans) for
disposal and cleanup of residual radioactive materials associated with a
processing site that incorporates the results of site characterization
studies, environmental assessments or impact statements, and engineering
assessments so as to satisfy the requirements of subparts A and B of
this part. The plan(s) shall be developed in accordance with the
provisions of Section 108(a) of the Act with the concurrence of the
Commission and in consultation, as appropriate, with the Indian Tribe
and the Secretary of Interior.
(p) Post-disposal period means the period of time beginning
immediately after the disposal period and ending at
[[Page 19]]
termination of the monitoring period established under Sec. 192.03.
(q) Groundwater means water below the ground surface in a zone of
saturation.
(r) Underground source of drinking water means an aquifer or its
portion:
(1)(i) Which supplies any public water system as defined in Sec.
141.2 of this chapter; or
(ii) Which contains a sufficient quantity of groundwater to supply a
public water system; and
(A) Currently supplies drinking water for human consumption; or
(B) Contains fewer than 10,000 mg/l total dissolved solids; and
(2) Which is not an exempted aquifer as defined in Sec. 144.7 of
this chapter.
[48 FR 602, Jan. 5, 1983, as amended at 60 FR 2865, Jan. 11, 1995]
Sec. 192.02 Standards.
Control of residual radioactive materials and their listed
constituents shall be designed \1\ to:
---------------------------------------------------------------------------
\1\ Because the standard applies to design, monitoring after
disposal is not required to demonstrate compliance with respect to Sec.
192.02(a) and (b).
---------------------------------------------------------------------------
(a) Be effective for up to one thousand years, to the extent
reasonably achievable, and, in any case, for at least 200 years, and,
(b) Provide reasonable assurance that releases of radon-222 from
residual radioactive material to the atmosphere will not:
(1) Exceed an average \2\ release rate of 20 picocuries per square
meter per second, or
---------------------------------------------------------------------------
\2\ This average shall apply over the entire surface of the disposal
site and over at least a one-year period. Radon will come from both
residual radioactive materials and from materials covering them. Radon
emissions from the covering materials should be estimated as part of
developing a remedial action plan for each site. The standard, however,
applies only to emissions from residual radioactive materials to the
atmosphere.
---------------------------------------------------------------------------
(2) Increase the annual average concentration of radon-222 in air at
or above any location outside the disposal site by more than one-half
picocurie per liter.
(c) Provide reasonable assurance of conformance with the following
groundwater protection provisions:
(1) The Secretary shall, on a site-specific basis, determine which
of the constituents listed in Appendix I to Part 192 are present in or
reasonably derived from residual radioactive materials and shall
establish a monitoring program adequate to determine background levels
of each such constituent in groundwater at each disposal site.
(2) The Secretary shall comply with conditions specified in a plan
for remedial action which includes engineering specifications for a
system of disposal designed to ensure that constituents identified under
paragraph (c)(1) of this section entering the groundwater from a
depository site (or a processing site, if residual radioactive materials
are retained on the site) will not exceed the concentration limits
established under paragraph (c)(3) of this section (or the supplemental
standards established under Sec. 192.22) in the uppermost aquifer
underlying the site beyond the point of compliance established under
paragraph (c)(4) of this section.
(3) Concentration limits:
(i) Concentration limits shall be determined in the groundwater for
listed constituents identified under paragraph (c)(1) of this section.
The concentration of a listed constituent in groundwater must not
exceed:
(A) The background level of that constituent in the groundwater; or
(B) For any of the constituents listed in Table 1 to subpart A, the
respective value given in that Table if the background level of the
constituent is below the value given in the Table; or
(C) An alternate concentration limit established pursuant to
paragraph (c)(3)(ii) of this section.
(ii)(A) The Secretary may apply an alternate concentration limit if,
after considering remedial or corrective actions to achieve the levels
specified in paragraphs (c)(3)(i)(A) and (B) of this section, he has
determined that the constituent will not pose a substantial present or
potential hazard to human health and the environment as long as the
alternate concentration limit is not exceeded, and the Commission has
concurred.
(B) In considering the present or potential hazard to human health
and the
[[Page 20]]
environment of alternate concentration limits, the following factors
shall be considered:
(1) Potential adverse effects on groundwater quality, considering:
(i) The physical and chemical characteristics of constituents in the
residual radioactive material at the site, including their potential for
migration;
(ii) The hydrogeological characteristics of the site and surrounding
land;
(iii) The quantity of groundwater and the direction of groundwater
flow;
(iv) The proximity and withdrawal rates of groundwater users;
(v) The current and future uses of groundwater in the region
surrounding the site;
(vi) The existing quality of groundwater, including other sources of
contamination and their cumulative impact on the groundwater quality;
(vii) The potential for health risks caused by human exposure to
constituents;
(viii) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to constituents;
(ix) The persistence and permanence of the potential adverse
effects;
(x) The presence of underground sources of drinking water and
exempted aquifers identified under Sec. 144.7 of this chapter; and
(2) Potential adverse effects on hydraulically-connected surface-
water quality, considering:
(i) The volume and physical and chemical characteristics of the
residual radioactive material at the site;
(ii) The hydrogeological characteristics of the site and surrounding
land;
(iii) The quantity and quality of groundwater, and the direction of
groundwater flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the site to surface waters;
(vi) The current and future uses of surface waters in the region
surrounding the site and any water quality standards established for
those surface waters;
(vii) The existing quality of surface water, including other sources
of contamination and their cumulative impact on surface water quality;
(viii) The potential for health risks caused by human exposure to
constituents;
(ix) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to constituents; and
(x) The persistence and permanence of the potential adverse effects.
(4) Point of compliance: The point of compliance is the location at
which the groundwater concentration limits of paragraph (c)(3) of this
section apply. The point of compliance is the intersection of a vertical
plane with the uppermost aquifer underlying the site, located at the
hydraulically downgradient limit of the disposal area plus the area
taken up by any liner, dike, or other barrier designed to contain the
residual radioactive material.
(d) Each site on which disposal occurs shall be designed and
stabilized in a manner that minimizes the need for future maintenance.
[60 FR 2865, Jan. 11, 1995]
Sec. 192.03 Monitoring.
A groundwater monitoring plan shall be implemented, to be carried
out over a period of time commencing upon completion of remedial actions
taken to comply with the standards in Sec. 192.02, and of a duration
which is adequate to demonstrate that future performance of the system
of disposal can reasonably be expected to be in accordance with the
design requirements of Sec. 192.02(c). This plan and the length of the
monitoring period shall be modified to incorporate any corrective
actions required under Sec. 192.04 or Sec. 192.12(c).
[60 FR 2866, Jan. 11, 1995]
Sec. 192.04 Corrective action.
If the groundwater concentration limits established for disposal
sites under provisions of Sec. 192.02(c) are found or projected to be
exceeded, a corrective action program shall be placed into operation as
soon as is practicable, and in no event later than eighteen (18) months
after a finding of exceedance. This corrective action program will
restore the performance of the system of disposal to the original
concentration limits established under
[[Page 21]]
Sec. 192.02(c)(3), to the extent reasonably achievable, and, in any
case, as a minimum shall:
(a) Conform with the groundwater provisions of Sec. 192.02(c)(3),
and
(b) Clean up groundwater in conformance with subpart B, modified as
appropriate to apply to the disposal site.
[60 FR 2866, Jan. 11, 1995]
Sec. Table 1 to Subpart A of Part 192--Maximum Concentration of
Constituents for Groundwater Protection
------------------------------------------------------------------------
Constituent concentration \1\ Maximum
------------------------------------------------------------------------
Arsenic................................. 0.05
Barium.................................. 1.0
Cadmium................................. 0.01
Chromium................................ 0.05
Lead.................................... 0.05
Mercury................................. 0.002
Selenium................................ 0.01
Silver.................................. 0.05
Nitrate (as N).......................... 10.
Molybdenum.............................. 0.1
Combined radium-226 and radium-228...... 5 pCi/liter
Combined uranium-234 and uranium-238 \2\ 30 pCi/liter
Gross alpha-particle activity (excluding 15 pCi/liter
radon and uranium).
Endrin (1,2,3,4,10,10-hexachloro-6,7- 0.0002
exposy-1,4,4a,5,6,7,8,8a-octahydro-1,4-
endo,endo-5,8-dimethanonaphthalene).
Lindane (1,2,3,4,5,6- 0.004
hexachlorocyclohexane, gamma insomer).
Methoxychlor (1,1,1-trichloro-2,2'-bis(p- 0.1
methoxyphenylethane)).
Toxaphene (C10 H10 Cl6, technical 0.005
chlorinated camphene, 67-69 percent
chlorine).
2,4-D (2,4-dichlorophenoxyacetic acid).. 0.1
2,4,5-TP Silvex (2,4,5- 0.01
trichlorophenoxypropionic acid).
------------------------------------------------------------------------
\1\ Milligrams per liter, unless stated otherwise.
\2\ Where secular equilibrium obtains, this criterion will be satisfied
by a concentration of 0.044 milligrams per liter (0.044 mg/l). For
conditions of other than secular equilibrium, a corresponding value
may be derived and applied, based on the measured site-specific ratio
of the two isotopes of uranium.
[60 FR 2866, Jan. 11, 1995]
Subpart B_Standards for Cleanup of Land and Buildings Contaminated with
Residual Radioactive Materials from Inactive Uranium Processing Sites
Sec. 192.10 Applicability.
This subpart applies to land and buildings that are part of any
processing site designated by the Secretary of Energy under section 102
of the Act. section 101 of the Act, states, in part, that ``processing
site'' means--
(a) Any site, including the mill, containing residual radioactive
materials at which all or substantially all of the uranium was produced
for sale to any Federal agency prior to January 1, 1971, under a
contract with any Federal agency, except in the case of a site at or
near Slick Rock, Colorado, unless--
(1) Such site was owned or controlled as of Januray 1, 1978, or is
thereafter owned or controlled, by any Federal agency, or
(2) A license (issued by the (Nuclear Regulatory) Commission or its
predecessor agency under the Atomic Energy Act of 1954 or by a State as
permitted under section 274 of such Act) for the production at site of
any uranium or thorium product derived from ores is in effect on January
1, 1978, or is issued or renewed after such date; and
(b) Any other real property or improvement thereon which--
(1) Is in the vicinity of such site, and
(2) Is determined by the Secretary, in consultation with the
Commission, to be contaminated with residual radioactive materials
derived from such site.
Sec. 192.11 Definitions.
(a) Unless otherwise indicated in this subpart, all terms shall have
the same meaning as defined in subpart A.
(b) Land means any surface or subsurface land that is not part of a
disposal site and is not covered by an occupiable building.
(c) Working Level (WL) means any combination of short-lived radon
decay products in one liter of air that will result in the ultimate
emission of alpha particles with a total energy of 130 billion electron
volts.
(d) Soil means all unconsolidated materials normally found on or
near the surface of the earth including, but not limited to, silts,
clays, sands, gravel, and small rocks.
(e) Limited use groundwater means groundwater that is not a current
or potential source of drinking water because (1) the concentration of
total dissolved solids is in excess of 10,000 mg/l,
[[Page 22]]
or (2) widespread, ambient contamination not due to activities involving
residual radioactive materials from a designated processing site exists
that cannot be cleaned up using treatment methods reasonably employed in
public water systems, or (3) the quantity of water reasonably available
for sustained continuous use is less than 150 gallons per day. The
parameters for determining the quantity of water reasonably available
shall be determined by the Secretary with the concurrence of the
Commission.
[48 FR 602, Jan. 5, 1983, as amended at 60 FR 2866, Jan. 11, 1995]
Sec. 192.12 Standards.
Remedial actions shall be conducted so as to provide reasonable
assurance that, as a result of residual radioactive materials from any
designated processing site:
(a) The concentration of radium-226 in land averaged over any area
of 100 square meters shall not exceed the background level by more
than--
(1) 5 pCi/g, averaged over the first 15 cm of soil below the
surface, and
(2) 15 pCi/g, averaged over 15 cm thick layers of soil more than 15
cm below the surface.
(b) In any occupied or habitable building--
(1) The objective of remedial action shall be, and reasonable effort
shall be made to achieve, an annual average (or equivalent) radon decay
product concentration (including background) not to exceed 0.02 WL. In
any case, the radon decay product concentration (including background)
shall not exceed 0.03 WL, and
(2) The level of gamma radiation shall not exceed the background
level by more than 20 microroentgens per hour.
(c) The Secretary shall comply with conditions specified in a plan
for remedial action which provides that contamination of groundwater by
listed constituents from residual radioactive material at any designated
processing site (Sec. 192.01(1)) shall be brought into compliance as
promptly as is reasonably achievable with the provisions of Sec.
192.02(c)(3) or any supplemental standards established under Sec.
192.22. For the purposes of this subpart:
(1) A monitoring program shall be carried out that is adequate to
define backgroundwater quality and the areal extent and magnitude of
groundwater contamination by listed constituents from residual
radioactive materials (Sec. 192.02(c)(1)) and to monitor compliance
with this subpart. The Secretary shall determine which of the
constituents listed in Appendix I to part 192 are present in or could
reasonably be derived from residual radioactive material at the site,
and concentration limits shall be established in accordance with Sec.
192.02(c)(3).
(2) (i) If the Secretary determines that sole reliance on active
remedial procedures is not appropriate and that cleanup of the
groundwater can be more reasonably accomplished in full or in part
through natural flushing, then the period for remedial procedures may be
extended. Such an extended period may extend to a term not to exceed 100
years if:
(A) The concentration limits established under this subpart are
projected to be satisfied at the end of this extended period,
(B) Institutional control, having a high degree of permanence and
which will effectively protect public health and the environment and
satisfy beneficial uses of groundwater during the extended period and
which is enforceable by the administrative or judicial branches of
government entities, is instituted and maintained, as part of the
remedial action, at the processing site and wherever contamination by
listed constituents from residual radioactive materials is found in
groundwater, or is projected to be found, and
(C) The groundwater is not currently and is not now projected to
become a source for a public water system subject to provisions of the
Safe Drinking Water Act during the extended period.
(ii) Remedial actions on groundwater conducted under this subpart
may occur before or after actions under Section 104(f)(2) of the Act are
initiated.
(3) Compliance with this subpart shall be demonstrated through the
monitoring program established under paragraph (c)(1) of this section at
those locations not beneath a disposal site
[[Page 23]]
and its cover where groundwater contains listed constituents from
residual radioactive material.
[48 FR 602, Jan. 5, 1983, as amended at 60 FR 2867, Jan. 11, 1995]
Subpart C_Implementation
Sec. 192.20 Guidance for implementation.
Section 108 of the Act requires the Secretary of Energy to select
and perform remedial actions with the concurrence of the Nuclear
Regulatory Commission and the full participation of any State that pays
part of the cost, and in consultation, as appropriate, with affected
Indian Tribes and the Secretary of the Interior. These parties, in their
respective roles under section 108, are referred to hereafter as ``the
implementing agencies.'' The implementing agencies shall establish
methods and procedures to provide ``reasonable assurance'' that the
provisions of Subparts A and B are satisfied. This should be done as
appropriate through use of analytic models and site-specific analyses,
in the case of Subpart A, and for Subpart B through measurements
performed within the accuracy of currently available types of field and
laboratory instruments in conjunction with reasonable survey and
sampling procedures. These methods and procedures may be varied to suit
conditions at specific sites. In particular:
(a)(1) The purpose of Subpart A is to provide for long-term
stabilization and isolation in order to inhibit misuse and spreading of
residual radioactive materials, control releases of radon to air, and
protect water. Subpart A may be implemented through analysis of the
physical properties of the site and the control system and projection of
the effects of natural processes over time. Events and processes that
could significantly affect the average radon release rate from the
entire disposal site should be considered. Phenomena that are localized
or temporary, such as local cracking or burrowing of rodents, need to be
taken into account only if their cumulative effect would be significant
in determining compliance with the standard. Computational models,
theories, and prevalent expert judgment may be used to decide that a
control system design will satisfy the standard. The numerical range
provided in the standard for the longevity of the effectiveness of the
control of residual radioactive materials allows for consideration of
the various factors affecting the longevity of control and stabilization
methods and their costs. These factors have different levels of
predictability and may vary for the different sites.
(2) Protection of water should be considered on a case-specific
basis, drawing on hydrological and geochemical surveys and all other
relevant data. The hydrologic and geologic assessment to be conducted at
each site should include a monitoring program sufficient to establish
background groundwater quality through one or more upgradient or other
appropriately located wells. The groundwater monitoring list in Appendix
IX of part 264 of this chapter (plus the additional constituents in
Table A of this paragraph) may be used for screening purposes in place
of Appendix I of part 192 in the monitoring program. New depository
sites for tailings that contain water at greater than the level of
``specific retention'' should use aliner or equivalent. In considering
design objectives for groundwater protection, the implementing agencies
should give priority to concentration levels in the order listed under
Sec. 192.02(c)(3)(i). When considering the potential for health risks
caused by human exposure to known or suspected carcinogens, alternate
concentration limits pursuant to paragraph 192.02(c)(3)(ii) should be
established at concentration levels which represent an excess lifetime
risk, at a point of exposure, to an average individual no greater than
between 10-4 and 10-6.
Table A to Sec. 192.20(a)(2)--Additional Listed Constituents
Nitrate (as N)
Molybdenum
Combined radium-226 and radium-228
Combined uranium-234 and uranium-238
Gross alpha-particle activity (excluding radon and uranium)
(3) The plan for remedial action, concurred in by the Commission,
will specify how applicable requirements of subpart A are to be
satisfied. The plan
[[Page 24]]
should include the schedule and steps necessary to complete disposal
operations at the site. It should include an estimate of the inventory
of wastes to be disposed of in the pile and their listed constituents
and address any need to eliminate free liquids; stabilization of the
wastes to a bearing capacity sufficient to support the final cover; and
the design and engineering specifications for a cover to manage the
migration of liquids through the stabilized pile, function without
maintenance, promote drainage and minimize erosion or abrasion of the
cover, and accommodate settling and subsidence so that cover integrity
is maintained. Evaluation of proposed designs to conform to subpart A
should be based on realistic technical judgments and include use of
available empirical information. The consideration of possible failure
modes and related corrective actions should be limited to reasonable
failure assumptions, with a demonstration that the disposal design is
generally amenable to a range of corrective actions.
(4) The groundwater monitoring list in Appendix IX of part 264 of
this chapter (plus the additional constituents in Table A in paragraph
(a)(2) of this section) may be used for screening purposes in place of
Appendix I of part 192 in monitoring programs. The monitoring plan
required under Sec. 192.03 should be designed to include verification
of site-specific assumptions used to project the performance of the
disposal system. Prevention of contamination of groundwater may be
assessed by indirect methods, such as measuring the migration of
moisture in the various components of the cover, the tailings, and the
area between the tailings and the nearest aquifer, as well as by direct
monitoring of groundwater. In the case of vicinity properties (Sec.
192.01(l)(2)), such assessments may not be necessary, as determined by
the Secretary, with the concurrence of the Commission, considering such
factors as local geology and the amount of contamination present.
Temporary excursions from applicable limits of groundwater
concentrations that are attributable to a disposal operation itself
shall not constitute a basis for considering corrective action under
Sec. 192.04 during the disposal period, unless the disposal operation
is suspended prior to completion for other than seasonal reasons.
(b)(1) Compliance with Sec. 192.12(a) and (b) of subpart B, to the
extent practical, should be demonstrated through radiation surveys. Such
surveys may, if appropriate, be restricted to locations likely to
contain residual radioactive materials. These surveys should be designed
to provide for compliance averaged over limited areas rather than point-
by-point compliance with the standards. In most cases, measurement of
gamma radiation exposure rates above and below the land surface can be
used to show compliance with Sec. 192.12(a). Protocols for making such
measurements should be based on realistic radium distributions near the
surface rather than extremes rarely encountered.
(2) In Sec. 192.12(a), ``background level'' refers to the native
radium concentration in soil. Since this may not be determinable in the
presence of contamination by residual radioactive materials, a surrogate
``background level'' may be established by simple direct or indirect
(e.g., gamma radiation) measurements performed nearby but outside of the
contaminated location.
(3) Compliance with Sec. 192.12(b) may be demonstrated by methods
that the Department of Energy has approved for use under Pub. L. 92-314
(10 CFR part 712), or by other methods that the implementing agencies
determine are adequate. Residual radioactive materials should be removed
from buildings exceeding 0.03 WL so that future replacement buildings
will not pose a hazard [unless removal is not practical--see Sec.
192.21(c)]. However, seal ants, filtration, and ventilation devices may
provide reasonable as sur ance of reductions from 0.03 WL to below 0.02
WL. In unusual cases, indoor radiation may exceed the levels specified
in Sec. 192.12(b) due to sources other than residual radioactive
materials. Re medial actions are not required in order to comply with
the standard when there is reasonable assurance that residual
radioactive materials are not the cause of such an excess.
[[Page 25]]
(4) The plan(s) for remedial action will specify how applicable
requirements of subpart B would be satisfied. The plan should include
the schedule and steps necessary to complete the cleanup of groundwater
at the site. It should document the extent of contamination due to
releases prior to final disposal, including the identification and
location of listed constituents and the rate and direction of movement
of contaminated groundwater, based upon the monitoring carried out under
Sec. 192.12(c)(1). In addition, the assessment should consider future
plume movement, including an evaluation of such processes as attenuation
and dilution and future contamination from beneath a disposal site.
Monitoring for assessment and compliance purposes should be sufficient
to establish the extent and magnitude of contamination, with reasonable
assurance, through use of a carefully chosen minimal number of sampling
locations. The location and number of monitoring wells, the frequency
and duration of monitoring, and the selection of indicator analytes for
long-term groundwater monitoring, and, more generally, the design and
operation of the monitoring system, will depend on the potential for
risk to receptors and upon other factors, including characteristics of
the subsurface environment, such as velocity of groundwater flow,
contaminant retardation, time of groundwater or contaminant transit to
receptors, results of statistical evaluations of data trends, and
modeling of the dynamics of the groundwater system. All of these factors
should be incorporated into the design of a site-specific monitoring
program that will achieve the purpose of the regulations in this subpart
in the most cost-effective manner. In the case of vicinity properties
(Sec. 192.01(l)(2)), such assessments will usually not be necessary.
The Secretary, with the concurrence of the Commission, may consider such
factors as local geology and amount of contamination present in
determining criteria to decide when such assessments are needed. In
cases where Sec. 192.12(c)(2) is invoked, the plan should include a
monitoring program sufficient to verify projections of plume movement
and attenuation periodically during the extended cleanup period.
Finally, the plan should specify details of the method to be used for
cleanup of groundwater.
[48 FR 602, Jan. 5, 1983, as amended at 60 FR 2867, Jan. 11, 1995]
Sec. 192.21 Criteria for applying supplemental standards.
Unless otherwise indicated in this subpart, all terms shall have the
same meaning as defined in Title I of the Act or in subparts A and B.
The implementing agencies may (and in the case of paragraph (h) of this
section shall) apply standards under Sec. 192.22 in lieu of the
standards of subparts A or B if they determine that any of the following
circumstances exists:
(a) Remedial actions required to satisfy subpart A or B would pose a
clear and present risk of injury to workers or to members of the public,
notwithstanding reasonable measures to avoid or reduce risk.
(b) Remedial actions to satisfy the cleanup standards for land,
Sec. 192.12(a), and groundwater, Sec. 192.12(c), or the acquisition of
minimum materials required for control to satisfy Sec. Sec. 192.02(b)
and (c), would, notwithstanding reasonable measures to limit damage,
directly produce health and environmental harm that is clearly excessive
compared to the health and environmental benefits, now or in the future.
A clear excess of health and environmental harm is harm that is long-
term, manifest, and grossly disproportionate to health and environmental
benefits that may reasonably be anticipated.
(c) The estimated cost of remedial action to satisfy Sec. 192.12(a)
at a ``vicinity'' site (described under section 101(6)(B) of the Act) is
unreasonably high relative to the long-term benefits, and the residual
radioactive materials do not pose a clear present or future hazard. The
likelihood that buildings will be erected or that people will spend long
periods of time at such a vicinity site should be considered in
evaluating this hazard. Remedial action will generally not be necessary
where residual radioactive materials have been placed semi-permanently
in a location where site-specific factors limit their hazard and from
which they are costly or difficult to remove, or
[[Page 26]]
where only minor quantities of residual radioactive materials are
involved. Examples are residual radioactive materials under hard surface
public roads and sidewalks, around public sewer lines, or in fence post
foundations. Supplemental standards should not be applied at such sites,
however, if individuals are likely to be exposed for long periods of
time to radiation from such materials at levels above those that would
prevail under Sec. 192.12(a).
(d) The cost of a remedial action for cleanup of a building under
Sec. 192.12(b) is clearly unreasonably high relative to the benefits.
Factors that should be included in this judgment are the anticipated
period of occupancy, the incremental radiation level that would be
affected by the remedial action, the residual useful lifetime of the
building, the potential for future construction at the site, and the
applicability of less costly remedial methods than removal of residual
radioactive materials.
(e) There is no known remedial action.
(f) The restoration of groundwater quality at any designated
processing site under Sec. 192.12(c) is technically impracticable from
an engineering perspective.
(g) The groundwater meets the criteria of Sec. 192.11(e).
(h) Radionuclides other than radium-226 and its decay products are
present in sufficient quantity and concentration to constitute a
significant radiation hazard from residual radioactive materials.
[48 FR 602, Jan. 5, 1983, as amended at 60 FR 2868, Jan. 11, 1995]
Sec. 192.22 Supplemental standards.
Federal agencies implementing subparts A and B may in lieu thereof
proceed pursuant to this section with respect to generic or individual
situations meeting the eligibility requirements of Sec. 192.21.
(a) When one or more of the criteria of Sec. 192.21(a) through (g)
applies, the Secretary shall select and perform that alternative
remedial action that comes as close to meeting the otherwise applicable
standard under Sec. 192.02(c)(3) as is reasonably achievable.
(b) When Sec. 192.21(h) applies, remedial actions shall reduce
other residual radioactivity to levels that are as low as is reasonably
achievable and conform to the standards of subparts A and B to the
maximum extent practicable.
(c) The implementing agencies may make general determinations
concerning remedial actions under this section that will apply to all
locations with specified characteristics, or they may make a
determination for a specific location. When remedial actions are
proposed under this section for a specific location, the Department of
Energy shall inform any private owners and occupants of the affected
location and solicit their comments. The Department of Energy shall
provide any such comments to the other implementing agencies. The
Department of Energy shall also periodically inform the Environmental
Protection Agency of both general and individual determinations under
the provisions of this section.
(d) When Sec. 192.21(b), (f), or (g) apply, implementing agencies
shall apply any remedial actions for the restoration of contamination of
groundwater by residual radioactive materials that is required to
assure, at a minimum, protection of human health and the environment. In
addition, when Sec. 192.21(g) applies, supplemental standards shall
ensure that current and reasonably projected uses of the affected
groundwater are preserved.
[48 FR 602, Jan. 5, 1983, as amended at 60 FR 2868, Jan. 11, 1995]
Sec. 192.23 Effective date.
Subparts A, B, and C shall be effective March 7, 1983.
Subpart D_Standards for Management of Uranium Byproduct Materials
Pursuant to Section 84 of the Atomic Energy Act of 1954, as Amended
Source: 48 FR 45946, Oct. 7, 1983, unless otherwise noted.
Sec. 192.30 Applicability.
This subpart applies to the management of uranium byproduct
materials under section 84 of the Atomic Energy Act of 1954 (henceforth
designated ``the
[[Page 27]]
Act''), as amended, during and following processing of uranium ores, and
to restoration of disposal sites following any use of such sites under
section 83(b)(1)(B) of the Act.
Sec. 192.31 Definitions and cross-references.
References in this subpart to other parts of the Code of Federal
Regulations are to those parts as codified on January 1, 1983.
(a) Unless otherwise indicated in this subpart, all terms shall have
the same meaning as in Title II of the Uranium Mill Tailings Rediation
Control Act of 1978, subparts A and B of this part, or parts 190, 260,
261, and 264 of this chapter. For the purposes of this subpart, the
terms ``waste,'' ``hazardous waste,'' and related terms, as used in
parts 260, 261, and 264 of this chapter shall apply to byproduct
material.
(b) Uranium byproduct material means the tailings or wastes produced
by the extraction or concentration of uranium from any ore processed
primarily for its source material content. Ore bodies depleted by
uranium solution extraction operations and which remain underground do
not constitute ``byproduct material'' for the purpose of this subpart.
(c) Control means any action to stabilize, inhibit future misuse of,
or reduce emissions or effluents from uranium byproduct materials.
(d) Licensed site means the area contained within the boundary of a
location under the control of persons generating or storing uranium
byproduct materials under a license issued pursuant to section 84 of the
Act. For purposes of this subpart, ``licensed site'' is equivalent to
``regulated unit'' in subpart F of part 264 of this chapter.
(e) Disposal site means a site selected pursuant to section 83 of
the Act.
(f) Disposal area means the region within the perimeter of an
impoundment or pile containing uranium by product materials to which the
post-closure requirements of Sec. 192.32(b)(1) of this subpart apply.
(g) Regulatory agency means the U.S. Nuclear Regulatory Commission.
(h) Closure period means the period of time beginning with the
cessation, with respect to a waste impoundment, of uranium ore
processing operations and ending with completion of requirements
specified under a closure plan.
(i) Closure plan means the plan required under Sec. 264.112 of this
chapter.
(j) Existing portion means that land surface area of an existing
surface impoundment on which significant quantities of uranium byproduct
materials have been placed prior to promulgation of this standard.
(k) As expeditiously as practicable considering technological
feasibility means as quickly as possible considering: the physical
characteristics of the tailings and the site; the limits of available
technology; the need for consistency with mandatory requirements of
other regulatory programs; and factors beyond the control of the
licensee. The phrase permits consideration of the cost of compliance
only to the extent specifically provided for by use of the term
``available technology.''
(l) Permanent Radon Barrier means the final radon barrier
constructed to achieve compliance with, including attainment of, the
limit on releases of radon-222 in Sec. 192.32(b)(1)(ii).
(m) Available technology means technologies and methods for
emplacing a permanent radon barrier on uranium mill tailings piles or
impoundments. This term shall not be construed to include extraordinary
measures or techniques that would impose costs that are grossly
excessive as measured by practice within the industry or one that is
reasonably analogous, (such as, by way of illustration only,
unreasonable overtime, staffing or transportation requirements, etc.,
considering normal practice in the industry; laser fusion, of soils,
etc.), provided there is reasonable progress toward emplacement of a
permanent radon barrier. To determine grossly excessive costs, the
relevant baseline against which cost increases shall be compared is the
cost estimate for tailings impoundment closure contained in the
licensee's tailings closure plan, but costs beyond such estimates shall
not automatically be considered grossly excessive.
(n) Tailings Closure Plan (Radon) means the Nuclear Regulatory
Commission or Agreement State approved plan detailing activities to
accomplish timely emplacement of a permanent
[[Page 28]]
radon barrier. A tailings closure plan shall include a schedule for key
radon closure milestone activities such as wind blown tailings retrieval
and placement on the pile, interim stabilization (including dewatering
or the removal of freestanding liquids and recontouring), and
emplacement of a permanent radon barrier constructed to achieve
compliance with the 20 pCi/m\2\-s flux standard as expeditiously as
practicable considering technological feasibility (including factors
beyond the control of the licensee).
(o) Factors beyond the control of the licensee means factors
proximately causing delay in meeting the schedule in the applicable
license for timely emplacement of the permanent radon barrier
notwithstanding the good faith efforts of the licensee to achieve
compliance. These factors may include, but are not limited to, physical
conditions at the site; inclement weather or climatic conditions; an act
of God; an act of war; a judicial or administrative order or decision,
or change to the statutory, regulatory, or other legal requirements
applicable to the licensee's facility that would preclude or delay the
performance of activities required for compliance; labor disturbances;
any modifications, cessation or delay ordered by state, Federal or local
agencies; delays beyond the time reasonably required in obtaining
necessary governmental permits, licenses, approvals or consent for
activities described in the tailings closure plan (radon) proposed by
the licensee that result from agency failure to take final action after
the licensee has made a good faith, timely effort to submit legally
sufficient applications, responses to requests (including relevant data
requested by the agencies), or other information, including approval of
the tailings closure plan by NRC or the affected Agreement State; and an
act or omission of any third party over whom the licensee has no
control.
(p) Operational means that a uranium mill tailings pile or
impoundment is being used for the continued placement of uranium
byproduct material or is in standby status for such placement. A
tailings pile or impoundment is operational from the day that uranium
byproduct material is first placed in the pile or impoundment until the
day final closure begins.
(q) Milestone means an enforceable date by which action, or the
occurrence of an event, is required for purposes of achieving compliance
with the 20 pCi/m\2\-s flux standard.
[48 FR 45946, Oct. 7, 1983, as amended at 58 FR 60355, Nov. 15, 1993]
Sec. 192.32 Standards.
(a) Standards for application during processing operations and prior
to the end of the closure period. (1) Surface impoundments (except for
an existing portion) subject to this subpart must be designed,
constructed, and installed in such manner as to conform to the
requirements of Sec. 264.221 of this chapter, except that at sites
where the annual precipitation falling on the impoundment and any
drainage area contributing surface runoff to the impoundment is less
than the annual evaporation from the impoundment, the requirements of
Sec. 264.228(a)(2) (iii)(E) referenced in Sec. 264.221 do not apply.
(2) Uranium byproduct materials shall be managed so as to conform to
the ground water protection standard in Sec. 264.92 of this chapter,
except that for the purposes of this subpart:
(i) To the list of hazardous constituents referenced in Sec. 264.93
of this chapter are added the chemical elements molybdenum and uranium,
(ii) To the concentration limits provided in Table 1 of Sec. 264.94
of this chapter are added the radioactivity limits in Table A of this
subpart,
(iii) Detection monitoring programs required under Sec. 264.98 to
establish the standards required under Sec. 264.92 shall be completed
within one (1) year of promulgation,
(iv) The regulatory agency may establish alternate concentration
limits (to be satisfied at the point of compliance specified under Sec.
264.95) under the criteria of Sec. 264.94(b), provided that, after
considering practicable corrective actions, these limits are as low as
reasonably achievable, and that, in any case, the standards of Sec.
264.94(a) are satisfied at all points at a greater distance than 500
meters from the edge of the disposal area and/or outside the site
boundary, and
[[Page 29]]
(v) The functions and responsibilities designated in Part 264 of
this chapter as those of the ``Regional Administrator'' with respect to
``facility permits'' shall be carried out by the regulatory agency,
except that exemptions of hazardous constituents under Sec. 264.93 (b)
and (c) of this chapter and alter nate concentration limits established
under Sec. 264.94 (b) and (c) of this chapter (except as otherwise
provided in Sec. 192.32(a)(2)(iv)) shall not be effective until EPA has
concurred therein.
(3)(i) Uranium mill tailings piles or impoundments that are
nonoperational and subject to a license by the Nuclear Regulatory
Commission or an Agreement State shall limit releases of radon-222 by
emplacing a permanent radon barrier. This permanent radon barrier shall
be constructed as expeditiously as practicable considering technological
feasibility (including factors beyond the control of the licensee) after
the pile or impoundment ceases to be operational. Such control shall be
carried out in accordance with a written tailings closure plan (radon)
to be incorporated by the Nuclear Regulatory Commission or Agreement
State into individual site licenses.
(ii) The Nuclear Regulatory Commission or Agreement State may
approve a licensee's request to extend the time for performance of
milestones if, after providing an opportunity for public participation,
the Nuclear Regulatory Commission or Agreement State finds that
compliance with the 20 pCi/m\2\-s flux standard has been demonstrated
using a method approved by the NRC, in the manner required in
192.32(a)(4)(i). Only under these circumstances and during the period of
the extension must compliance with the 20 pCi/m\2\-s flux standard be
demonstrated each year.
(iii) The Nuclear Regulatory Commission or Agreement State may
extend the final compliance date for emplacement of the permanent radon
barrier, or relevant milestone, based upon cost if the new date is
established after a finding by the Nuclear Regulatory Commission or
Agreement State, after providing an opportunity for public
participation, that the licensee is making good faith efforts to emplace
a permanent radon barrier; the delay is consistent with the definition
of ``available technology'' in Sec. 192.31(m); and the delay will not
result in radon releases that are determined to result in significant
incremental risk to the public health.
(iv) The Nuclear Regulatory Commission or Agreement State may, in
response to a request from a licensee, authorize by license or license
amendment a portion of the site to remain accessible during the closure
process to accept uranium byproduct material as defined in section
11(e)(2) of the Atomic Energy Act, 42 U.S.C. 2014(e)(2), or to accept
materials similar to the physical, chemical and radiological
characteristics of the in situ uranium mill tailings and associated
wastes, from other sources. No such authorization may be used as a means
for delaying or otherwise impeding emplacement of the permanent radon
barrier over the remainder of the pile or impoundment in a manner that
will achieve compliance with the 20 pCi/m\2\-s flux standard, averaged
over the entire pile or impoundment.
(v) The Nuclear Regulatory Commission or Agreement State may, in
response to a request from a licensee, authorize by license or license
amendment a portion of a pile or impoundment to remain accessible after
emplacement of a permanent radon barrier to accept uranium byproduct
material as defined in section 11(e)(2) of the Atomic Energy Act, 42
U.S.C. 2014(e)(2), if compliance with the 20 pCi/m\2\-s flux standard of
Sec. 192.32(b)(1)(ii) is demonstrated by the licensee's monitoring
conducted in a manner consistent with Sec. 192.32(a)(4)(i). Such
authorization may be provided only if the Nuclear Regulatory Commission
or Agreement State makes a finding, constituting final agency action and
after providing an opportunity for public participation, that the site
will continue to achieve the 20 pCi/m2-s flux standard when averaged
over the entire impoundment.
(4)(i) Upon emplacement of the permanent radon barrier pursuant to
40 CFR 192.32(a)(3), the licensee shall conduct appropriate monitoring
and analysis of the radon-222 releases to demonstrate that the design of
the permanent radon barrier is effective in limiting releases of radon-
222 to a level
[[Page 30]]
not exceeding 20 pCi/m\2\-s as required by 40 CFR 192.32(b)(1)(ii). This
monitoring shall be conducted using the procedures described in 40 CFR
part 61, Appendix B, Method 115, or any other measurement method
proposed by a licensee that the Nuclear Regulatory Commission or
Agreement State approves as being at least as effective as EPA Method
115 in demonstrating the effectiveness of the permanent radon barrier in
achieving compliance with the 20 pCi/m\2\-s flux standard.
(ii) When phased emplacement of the permanent radon barrier is
included in the applicable tailings closure plan (radon), then radon
flux monitoring required under Sec. 192.32(a)(4)(i) shall be conducted,
however the licensee shall be allowed to conduct such monitoring for
each portion of the pile or impoundment on which the radon barrier has
been emplaced by conducting flux monitoring on the closed portion.
(5) Uranium byproduct materials shall be managed so as to conform to
the provisions of:
(i) Part 190 of this chapter, ``Environmental Radiation Protection
Standards for Nuclear Power Operations'' and
(ii) Part 440 of this chapter, ``Ore Mining and Dressing Point
Source Category: Effluent Limitations Guidelines and New Source
Performance Standards, Subpart C, Uranium, Radium, and Vanadium Ores
Subcategory.''
(6) The regulatory agency, in conformity with Federal Radiation
Protection Guidance (FR, May 18, 1960, pgs. 4402-4403), shall make every
effort to maintain radiation doses from radon emissions from surface
impoundments of uranium byproduct materials as far below the Federal
Radiation Protection Guides as is practicable at each licensed site.
(b) Standards for application after the closure period. At the end
of the closure period:
(1) Disposal areas shall each comply with the closure performance
standard in Sec. 264.111 of this chapter with respect to
nonradiological hazards and shall be designed \1\ to provide reasonable
assurance of control of radiological hazards to
---------------------------------------------------------------------------
\1\ The standard applies to design with a monitoring requirement as
specified in Sec. 192.32(a)(4).
---------------------------------------------------------------------------
(i) Be effective for one thousand years, to the extent reasonably
achievable, and, in any case, for at least 200 years, and,
(ii) Limit releases of radon-222 from uranium byproduct materials to
the atmosphere so as to not exceed an average \2\ release rate of 20
picocuries per square meter per second (pCi/m2s).
---------------------------------------------------------------------------
\2\ This average shall apply to the entire surface of each disposal
area over periods of at least one year, but short compared to 100 years.
Radon will come from both uranium byproduct materials and from covering
materials. Radon emissions from covering materials should be estimated
as part of developing a closure plan for each site. The standard,
however, applies only to emissions from uranium byproduct materials to
the atmosphere.
---------------------------------------------------------------------------
(2) The requirements of Sec. 192.32(b)(1) shall not apply to any
portion of a licensed and/or disposal site which contains a
concentration of radium-226 in land, averaged over areas of 100 square
meters, which, as a result of uranium byproduct material, does not
exceed the background level by more than:
(i) 5 picocuries per gram (pCi/g), averaged over the first 15
centimeters (cm) below the surface, and
(ii) 15 pCi/g, averaged over 15 cm thick layers more than 15 cm
below the surface.
[48 FR 45946, Oct. 7, 1983, as amended at 58 FR 60355-60356, Nov. 15,
1993]
Sec. 192.33 Corrective action programs.
If the ground water standards established under provisions of Sec.
192.32(a)(2) are exceeded at any licensed site, a corrective action
program as specified in Sec. 264.100 of this chapter shall be put into
operation as soon as is practicable, and in no event later than eighteen
(18) months after a finding of exceedance.
Sec. 192.34 Effective date.
Subpart D shall be effective December 6, 1983.
Sec. Table A to Subpart D of Part 192
------------------------------------------------------------------------
pCi/liter
------------------------------------------------------------------------
Combined radium-226 and radium-228........................... 5
[[Page 31]]
Gross alpha-particle activity (excluding radon and uranium).. 15
------------------------------------------------------------------------
Subpart E_Standards for Management of Thorium Byproduct Materials
Pursuant to Section 84 of the Atomic Energy Act of 1954, as Amended
Source: 48 FR 45947, Oct. 7, 1983, unless otherwise noted.
Sec. 192.40 Applicability.
This subpart applies to the management of thorium byproduct
materials under section 84 of the Atomic Energy Act of 1954, as amended,
during and following processing of thorium ores, and to restoration of
disposal sites following any use of such sites under section 83(b)(1)(B)
of the Act.
Sec. 192.41 Provisions.
Except as otherwise noted in Sec. 192.41(e), the provisions of
subpart D of this part, including Sec. Sec. 192.31, 192.32, and 192.33,
shall apply to thorium byproduct material and:
(a) Provisions applicable to the element uranium shall also apply to
the element thorium;
(b) Provisions applicable to radon-222 shall also apply to radon-
220; and
(c) Provisions applicable to radium-226 shall also apply to radium-
228.
(d) Operations covered under Sec. 192.32(a) shall be conducted in
such a manner as to provide reasonable assurance that the annual dose
equivalent does not exceed 25 millirems to the whole body, 75 millirems
to the thyroid, and 25 millirems to any other organ of any member of the
public as a result of exposures to the planned discharge of radioactive
materials, radon-220 and its daughters excepted, to the general
environment.
(e) The provisions of Sec. 192.32(a) (3) and (4) do not apply to
the management of thorium byproduct material.
[48 FR 45946, Oct. 7, 1983, as amended at 58 FR 60356, Nov. 15, 1993]
Sec. 192.42 Substitute provisions.
The regulatory agency may, with the concurrence of EPA, substitute
for any provisions of Sec. 192.41 of this subpart alternative
provisions it deems more practical that will provide at least an
equivalent level of protection for human health and the environment.
Sec. 192.43 Effective date.
Subpart E shall be effective December 6, 1983.
Sec. Appendix I to Part 192--Listed Constituents
Acetonitrile
Acetophenone (Ethanone, 1-phenyl)
2-Acetylaminofluorene (Acetamide, N-9H-fluoren-2-yl-)
Acetyl chloride
1-Acetyl-2-thiourea (Acetamide, N-(aminothioxymethyl)-)
Acrolein (2-Propenal)
Acrylamide (2-Propenamide)
Acrylonitrile (2-Propenenitrile)
Aflatoxins
Aldicarb (Propenal, 2-methyl-2-(methyl thio)-,O-
[(methylamino)carbonyl]oxime
Aldrin (1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro(1a,4a,4ab,5a,8a,8ab)-)
Allyl alcohol (2-Propen-1-ol)
Allyl chloride (1-Propane,3-chloro)
Aluminum phosphide
4-Aminobiphenyl ([1,1'-Biphenyl]-4-amine)
5-(Aminomethyl)-3-isoxazolol (3(2H)-Isoxazolone,5-(aminomethyl)-)
4-Aminopyridine (4-Pyridineamine)
Amitrole (lH-1,2,4-Triazol-3-amine)
Ammonium vanadate (Vanadic acid, ammonium salt)
Aniline (Benzenamine)
Antimony and compounds, N.O.S. \1\
---------------------------------------------------------------------------
\1\ The abbreviation N.O.S. (not otherwise specified) signifies
those members of the general class not specifically listed by name in
this appendix.
---------------------------------------------------------------------------
Aramite (Sulfurous acid, 2-chloroethyl 2-[4-(1,1-dimethylethyl)phenoxy]-
1-methylethyl ester)
Arsenic and compounds, N.O.S.
Arsenic acid (Arsenic acid H3 AsO4)
Arsenic pentoxide (Arsenic oxide As2 O5)
Auramine (Benzamine, 4,4'-carbonimidoylbis[N,N-dimethyl-])
Azaserine (L-Serine, diazoacetate (ester))
Barium and compounds, N.O.S.
Barium cyanide
Benz[c]acridine (3,4-Benzacridine)
Benz[a]anthracene (1,2-Benzanthracene)
Benzal chloride (Benzene, dichloromethyl-)
Benzene (Cyclohexatriene)
Benzenearsonic acid (Arsenic acid, phenyl-)
Benzidine ([1,1'-Biphenyl]-4,4'-diamine)
Benzo[b]fluoranthene (Benz[e]acephananthrylene)
[[Page 32]]
Benzo[j]fluoranthene
Benzo[k]fluoranthene
Benzo[a]pyrene
p-Benzoquinone (2,5-Cyclohexadiene-1,4-dione)
Benzotrichloride (Benzene, (trichloro-methyl)-)
Benzyl chloride (Benzene, (chloromethyl)-)
Beryllium and compounds, N.O.S.
Bromoacetone (2-Propanone, 1-bromo-)
Bromoform (Methane, tribromo-)
4-Bromophenyl phenyl ether (Benzene, l-bromo-4-phenoxy-)
Brucine (Strychnidin-10-one, 2,3-dimeth-oxy-)
Butyl benzyl phthalate (1,2-Benzenedicarbozylic acid, butyl phenylmethyl
ester)
Cacodylic acid (Arsinic acid, dimethyl)
Cadmium and compounds, N.O.S.
Calcium chromate (Chromic acid H2 CrO4, calcium
salt)
Calcium cyanide (Ca(CN)2)
Carbon disulfide
Carbon oxyfluoride (Carbonic difluoride)
Carbon tetrachloride (Methane, tetrachloro-)
Chloral (Acetaldehyde, trichloro-)
Chlorambucil (Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-)
Chlordane (4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-octachloro-
2,3,3a,4,7,7a-hexahydro-)
Chlorinated benzenes, N.O.S.
Chlorinated ethane, N.O.S.
Chlorinated fluorocarbons, N.O.S.
Chlorinated naphthalene, N.O.S.
Chlorinated phenol, N.O.S.
Chlornaphazin (Naphthalenamine, N,N'-bis(2-chlorethyl)-)
Chloroacetaldehyde (Acetaldehyde, chloro-)
Chloroalkyl ethers, N.O.S.
p-Chloroaniline (Benzenamine, 4-chloro-)
Chlorobenzene (Benzene, chloro-)
Chlorobenzilate (Benzeneacetic acid, 4-chloro-a-(4-chlorophenyl)-a-
hydroxy-, ethyl ester)
p-Chloro-m-cresol (Phenol, 4-chloro-3-methyl)
2-Chloroethyl vinyl ether (Ethene, (2-chloroethoxy)-)
Chloroform (Methane, trichloro-)
Chloromethyl methyl ether (Methane, chloromethoxy-)
b-Chloronapthalene (Naphthalene, 2-chloro-)
o-Chlorophenol (Phenol, 2-chloro-)
1-(o-Chlorophenyl)thiourea (Thiourea, (2-chlorophenyl-))
3-Chloropropionitrile (Propanenitrile, 3-chloro-)
Chromium and compounds, N.O.S.
Chrysene
Citrus red No. 2 (2-Naphthalenol, 1-[(2,5-dimethoxyphenyl)azo]-)
Coal tar creosote
Copper cyanide (CuCN)
Creosote
Cresol (Chresylic acid) (Phenol, methyl-)
Crotonaldehyde (2-Butenal)
Cyanides (soluble salts and complexes), N.O.S.
Cyanogen (Ethanedinitrile)
Cyanogen bromide ((CN)Br)
Cyanogen chloride ((CN)Cl)
Cycasin (beta-D-Glucopyranoside, (methyl-ONN-azoxy)methyl)
2-Cyclohexyl-4,6-dinitrophenol (Phenol, 2-cyclohexyl-4,6-dinitro-)
Cyclophosphamide (2H-1,3,2-Oxazaphosphorin-2-amine,N,N-bis(2-
chloroethyl) tetrahydro-,2-oxide)
2,4-D and salts and esters (Acetic acid, (2,4-dichlorophenoxy)-)
Daunomycin (5,12-Naphthacenedione,8-acetyl-10-[(3-amino-2,3,6-trideoxy-
a-Llyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-
methoxy-,(8S-cis))
DDD (Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro-)
DDE (Benzene, 1,1-(dichloroethylidene)bis[4-chloro-)
DDT (Benzene, 1,1'-(2,2,2-trichloroethlyidene)bis[4-chloro-)
Diallate (Carbomothioic acid, bis(1-methylethyl)-,S-(2,3-dichloro-2-
propenyl) ester)
Dibenz[a,h]acridine
Dibenz[a,j]acridine
Dibenz[a,h]anthracene
7H-Dibenzo[c,g]carbazole
Dibenzo[a,e]pyrene (Naphtho[1,2,4,5-def)crysene)
Dibenzo[a,h]pyrene (Dibenzo[b,def]crysene)
Dibenzo[a,i]pyrene (Benzo[rst]pentaphene)
1,2-Dibromo-3-chloropropane (Propane, 1,2-dibromo-3-chloro-)
Dibutylphthalate (1,2-Benzenedicarboxylic acid, dibutyl ester)
o-Dichlorobenzene (Benzene, 1,2-dichloro-)
m-Dichlorobenzene (Benzene, 1,3-dichloro-)
p-Dichlorobenzene (Benzene, 1,4-dichloro-)
Dichlorobenzene, N.O.S. (Benzene; dichloro-, N.O.S.)
3,3'-Dichlorobenzidine ([1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-)
1,4-Dichloro-2-butene (2-Butene, 1,4-dichloro-)
Dichlorodifluoromethane (Methane, dichlorodifluoro-)
Dichloroethylene, N.O.S.
1,1-Dichloroethylene (Ethene, 1,1-dichloro-)
1,2-Dichloroethylene (Ethene, 1,2-dichloro-,(E)-)
Dichloroethyl ether (Ethane, 1,1'-oxybis[2-chloro-)
Dichloroisopropyl ether (Propane, 2,2'-oxybis[2-chloro-)
Dichloromethoxy ethane (Ethane, 1,1'-[methylenebis(oxy)bis[2-chloro-)
Dichloromethyl ether (Methane, oxybis[chloro-)
2,4-Dichlorophenol (Phenol, 2,4-dichloro-)
2,6-Dichlorophenol (Phenol, 2,6-dichloro-)
Dichlorophenylarsine (Arsinous dichloride, phenyl-)
[[Page 33]]
Dichloropropane, N.O.S. (Propane, dichloro-,)
Dichloropropanol, N.O.S. (Propanol, dichloro-,)
Dichloropropene; N.O.S. (1-Propane, dichloro-,)
1,3-Dichloropropene (1-Propene, 1,3-dichloro-)
Dieldrin (2,7:3,6-Dimethanonaphth[2,3-b]oxirene,3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a,octahydro-,(1aa,2b,2aa,3b,6b,6aa,7b,7aa)-)
1,2:3,4-Diepoxybutane (2,2'-Bioxirane)
Diethylarsine (Arsine, diethyl-)
1,4 Diethylene oxide (1,4-Dioxane)
Diethylhexyl phthalate (1,2-Benzenedicarboxlyic acid, bis(2-ethylhexl)
ester)
N,N-Diethylhydrazine (Hydrazine, 1,2-diethyl)
O,O-Diethyl S-methyl dithiophosphate (Phosphorodithioic acid, O,O-
diethyl S-methyl ester)
Diethyl-p-nitrophenyl phosphate (Phosphoric acid, diethyl 4-nitrophenyl
ester)
Diethyl phthalate (1,2-Benzenedicarboxylic acid, diethyl ester)
O,O-Diethyl O-pyrazinyl phosphorothioate (Phosphorothioic acid, O,O-
diethyl O-pyrazinyl ester)
Diethylstilbesterol (Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-,(E)-)
Dihydrosafrole (1,3-Benxodioxole, 5-propyl-)
Diisopropylfluorophosphate (DFP) (Phosphorofluoridic acid, bis(1-methyl
ethyl) ester)
Dimethoate (Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino) 2-
oxoethyl] ester)
3,3'-Dimethoxybenzidine ([1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy-)
p-Dimethylaminoazobenzene (Benzenamine, N,N-dimethyl-4-(phenylazo)-)
7,12-Dimethylbenz[a]anthracene (Benz[a]anthracene, 7,12-dimethyl-)
3,3'-Dimethylbenzidine ([1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-)
Dimethylcarbamoyl chloride (carbamic chloride, dimethyl-)
1,1-Dimethylhydrazine (Hydrazine, 1,1-dimethyl-)
1,2-Dimethylhydrazine (Hydrazine, 1,2-dimethyl-)
a,a-Dimethylphenethylamine (Benzeneethanamine, a,a-dimethyl-)
2,4-Dimethylphenol (Phenol, 2,4-dimethyl-)
Dimethylphthalate (1,2-Benzenedicarboxylic acid, dimethyl ester)
Dimethyl sulfate (Sulfuric acid, dimethyl ester)
Dinitrobenzene, N.O.S. (Benzene, dinitro-)
4,6-Dinitro-o-cresol and salts (Phenol, 2-methyl-4,6-dinitro-)
2,4-Dinitrophenol (Phenol, 2,4-dinitro-)
2,4-Dinitrotoluene (Benzene, 1-methyl-2,4-dinitro-)
2,6-Dinitrotoluene (Benzene, 2-methyl-1,3-dinitro-)
Dinoseb (Phenol, 2-(1-methylpropyl)-4,6-dinitro-)
Di-n-octyl phthalate (1,2-Benzenedicarboxylic acid, dioctyl ester)
1,4-Dioxane (1,4-Diethyleneoxide)
Diphenylamine (Benzenamine, N-phenyl-)
1,2-Diphenylhydrazine (Hydrazine, 1,2-diphenyl-)
Di-n-propylnitrosamine (1-Propanamine,N-nitroso-N-propyl-)
Disulfoton (Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl]
ester)
Dithiobiuret (Thioimidodicarbonic diamide [(H2
N)C(S)]2 NH)
Endosulfan (6,9,Methano-2,4,3-benzodioxathiepin,6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9ahexahydro,3-oxide)
Endothall (7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid)
Endrin and metabolites (2,7:3,6-Dimethanonaphth[2,3-
b]oxirene,3,4,5,6,9,9-hexachloro1a,2,2a,3,6,6a,7,7a-octa-
hydro,(1aa,2b,2ab,3a,6a,6ab,7b,7aa)-)
Epichlorohydrin (Oxirane, (chloromethyl)-)
Epinephrine (1,2-Benzenediol,4-[1-hydroxy-2-(methylamino)ethyl]-,(R)-,)
Ethyl carbamate (urethane) (Carbamic acid, ethyl ester)
Ethyl cyanide (propanenitrile)
Ethylenebisdithiocarbamic acid, salts and esters (Carbamodithioic acid,
1,2-Ethanediylbis-)
Ethylene dibromide (1,2-Dibromoethane)
Ethylene dichloride (1,2-Dichloroethane)
Ethylene glycol monoethyl ether (Ethanol, 2-ethoxy-)
Ethyleneimine (Aziridine)
Ethylene oxide (Oxirane)
Ethylenethiourea (2-Imidazolidinethione)
Ethylidene dichloride (Ethane, 1,1-Dichloro-)
Ethyl methacrylate (2-Propenoic acid, 2-methyl-, ethyl ester)
Ethylmethane sulfonate (Methanesulfonic acid, ethyl ester)
Famphur (Phosphorothioic acid, O-[4-[(dimethylamino)sulphonyl]phenyl]
O,O-dimethyl ester)
Fluoranthene
Fluorine
Fluoroacetamide (Acetamide, 2-fluoro-)
Fluoroacetic acid, sodium salt (Acetic acid, fluoro-, sodium salt)
Formaldehyde (Methylene oxide)
Formic acid (Methanoic acid)
Glycidylaldehyde (Oxiranecarboxyaldehyde)
Halomethane, N.O.S.
Heptachlor (4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-
tetrahydro-)
Heptachlor epoxide (a, b, and [gamma] isomers) (2,5-Methano-2H-
indeno[1,2-b]-oxirene, 2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a-hexa-
hydro-,(1aa,1bb,2a,5a,5ab,6b,6aa)-)
Hexachlorobenzene (Benzene, hexachloro-)
Hexachlorobutadiene (1,3-Butadiene, 1,1,2,3,4,4-hexachloro-)
[[Page 34]]
Hexachlorocyclopentadiene (1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-)
Hexachlorodibenzofurans
Heptachlorodibenzo-p-dioxins
Hexachloroethane (Ethane, hexachloro-)
Hexachlorophene (phenol, 2,2'-Methylenebis[3,4,6-trichloro-)
Hexachloropropene (1-Propene, 1,1,2,3,3,3-hexachloro-)
Hexaethyl tetraphosphate (Tetraphosphoric acid, hexaethyl ester)
Hydrazine
Hydrocyanic acid
Hydrofluoric acid
Hydrogen sulfide (H2 S)
Indeno(1,2,3-cd)pyrene
Isobutyl alcohol (1-Propanol, 2-methyl-)
Isodrin (1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro, (1a,4a,4ab,5b,8b,8ab)-)
Isosafrole (1,3-Benzodioxole, 5-(1-propenyl)-)
Kepone (1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-)
Lasiocarpine (2-Butenoic acid, 2-methyl-,7-[[2,3-dihydroxy-2-(1-
methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-
pyrrolizin-l-yl ester)
Lead and compounds, N.O.S.
Lead acetate (Acetic acid, lead(2+) salt)
Lead phosphate (Phosphoric acid, lead(2+) salt(2:3))
Lead subacetate (Lead, bis(acetato-O)tetrahydroxytri-)
Lindane (Clohexane, 1,2,3,4,5,6-hexachloro-, (1a,2a,3b,4a,5a,6b)-)
Maleic anhydride (2,5-Furandione)
Maleic hydrazide (3,6-Pyridazinedione, 1,2-dihydro-)
Malononitrile (Propanedinitrile)
Melphalan (L-Phenylalanine, 4-[bis(2-chloroethyl)aminol]-)
Mercury and compounds, N.O.S.
Mercury fulminate (Fulminic acid, mercury(2+) salt)
Methacrylonitrile (2-Propenenitrile, 2-methyl-)
Methapyrilene (1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-
thienylmethyl)-)
Metholmyl (Ethamidothioic acid, N-[[(methylamino)carbonyl]oxy]thio-,
methyl ester)
Methoxychlor (Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-)
Methyl bromide (Methane, bromo-)
Methyl chloride (Methane, chloro-)
Methyl chlorocarbonate (Carbonchloridic acid, methyl ester)
Methyl chloroform (Ethane, 1,1,1-trichloro-)
3-Methylcholanthrene (Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-)
4,4'-Methylenebis(2-chloroaniline) (Benzenamine, 4,4'-methylenebis(2-
chloro-)
Methylene bromide (Methane, dibromo-)
Methylene chloride (Methane, dichloro-)
Methyl ethyl ketone (MEK) (2-Butanone)
Methyl ethyl ketone peroxide (2-Butanone, peroxide)
Methyl hydrazine (Hydrazine, methyl-)
Methyl iodide (Methane, iodo-)
Methyl isocyanate (Methane, isocyanato-)
2-Methyllactonitrile (Propanenitrile, 2-hydroxy-2-methyl-)
Methyl methacrylate (2-Propenoic acid, 2-methyl-, methyl ester)
Methyl methanesulfonate (Methanesulfonic acid, methyl ester)
Methyl parathion (Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl)
ester)
Methylthiouracil (4(1H)Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-)
Mitomycin C (Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione,6-amino-8-
[[(aminocarbonyl) oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
methy-, [1aS-(1aa,8b,8aa,8ba)]-)
MNNG (Guanidine, N-methyl-N'-nitro-N-nitroso-)
Mustard gas (Ethane, 1,1'-thiobis[2-chloro-)
Naphthalene
1,4-Naphthoquinone (1,4-Naphthalenedione)
a-Naphthalenamine (1-Naphthylamine)
b-Naphthalenamine (2-Naphthylamine)
a-Naphthylthiourea (Thiourea, 1-naphthalenyl-)
Nickel and compounds, N.O.S.
Nickel carbonyl (Ni(CO)4 (T-4)-)
Nickel cyanide (Ni(CN)2)
Nicotine and salts (Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-)
Nitric oxide (Nitrogen oxide NO)
p-Nitroaniline (Benzenamine, 4-nitro-)
Nitrobenzene (Benzene, nitro-)
Nitrogen dioxide (Nitrogen oxide NO2)
Nitrogen mustard, and hydrochloride salt (Ethanamine, 2-chloro-N-(2-
chloroethyl)-N-methyl-)
Nitrogen mustard N-oxide and hydrochloride salt (Ethanamine, 2chloro-N-
(2-chloroethyl)N-methyl-, N-oxide)
Nitroglycerin (1,2,3-Propanetriol, trinitrate)
p-Nitrophenol (Phenol, 4-nitro-)
2-Nitropropane (Propane, 2-nitro-)
Nitrosamines, N.O.S.
N-Nitrosodi-n-butylamine (l-Butanamine, N-butyl-N-nitroso-)
N-Nitrosodiethanolamine (Ethanol, 2,2'-(nitrosoimino)bis-)
N-Nitrosodiethylamine (Ethanamine, N-ethyl-N-nitroso-1)
N-Nitrosodimethylamine (Methanamine, N-methyl-N-nitroso-)
N-Nitroso-N-ethylurea (Urea, N-ethyl-N-nitroso-)
N-Nitrosomethylethylamine (Ethanamine, N-methyl-N-nitroso-)
N-Nitroso-N-methylurea (Urea, N-methyl-N-nitroso-)
N-Nitroso-N-methylurethane (Carbamic acid, methylnitroso-, ethyl ester)
N-Nitrosomethylvinylamine (Vinylamine, N-methyl-N-nitroso-)
[[Page 35]]
N-Nitrosomorpholine (Morpholine, 4-nitroso-)
N-Nitrosonornicotine (Pyridine, 3-(1-nitroso-2-pyrrolidinyl)-, (S)-)
N-Nitrosopiperidine (Piperidine, 1-nitroso-)
Nitrosopyrrolidine (Pyrrolidine, 1-nitroso-)
N-Nitrososarcosine (Glycine, N-methyl-N-nitroso-)
5-Nitro-o-toluidine (Benzenamine, 2-methyl-5-nitro-)
Octamethylpyrophosphoramide (Diphosphoramide, octamethyl-)
Osmium tetroxide (Osmium oxide OsO4, (T-4)-)
Paraldehyde (1,3,5-Trioxane, 2,4,6-trimethyl-)
Parathion (Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester)
Pentachlorobenzene (Benzene, pentachloro-)
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofurans
Pentachloroethane (Ethane, pentachloro-)
Pentachloronitrobenzene (PCNB) (Benzene, pentachloronitro-)
Pentachlorophenol (Phenol, pentachloro-)
Phenacetin (Acetamide, N-(4-ethoxyphenyl)-)
Phenol
Phenylenediamine (Benzenediamine)
Phenylmercury acetate (Mercury, (acetato-O)phenyl-)
Phenylthiourea (Thiourea, phenyl-)
Phosgene (Carbonic dichloride)
Phosphine
Phorate (Phosphorodithioic acid, O,O-diethyl S-[(ethylthiomethyl] ester)
Phthalic acid esters, N.O.S.
Phthalic anhydride (1,3-isobenzofurandione)
2-Picoline (Pyridine, 2-methyl-)
Polychlorinated biphenyls, N.O.S.
Potassium cyanide (K(CN))
Potassium silver cyanide (Argentate(l-), bis(cyano-C)-, potassium)
Pronamide (Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-)
1,3-Propane sultone (1,2-Oxathiolane, 2,2-dioxide)
n-Propylamine (1-Propanamine)
Propargyl alcohol (2-Propyn-1-ol)
Propylene dichloride (Propane, 1,2-dichloro-)
1,2-Propylenimine (Aziridine, 2-methyl-)
Propylthiouracil (4(1H)-Pyrimidinone, 2,3-dihydro-6-propyl-2-thioxo-)
Pyridine
Reserpinen (Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-smethyl ester, (3b,16 b,17a,18b,20a)-)
Resorcinol (1,3-Benzenediol)
Saccharin and salts (1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide)
Safrole (1,3-Benzodioxole, 5-(2-propenyl)-)
Selenium and compounds, N.O.S.
Selenium dioxide (Selenious acid)
Selenium sulfide (SeS2)
Selenourea
Silver and compounds, N.O.S.
Silver cyanide (Silver cyanide Ag(CN))
Silvex (Propanoic acid, 2-(2,4,5-trichlorophenoxy)-)
Sodium cyanide (Sodium cyanide Na(CN))
Streptozotocin (D-Glucose, 2-deoxy-2-
[[methylnitrosoamino)carbonyl]amino]-)
Strychnine and salts (Strychnidin-10-one)
TCDD (Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-)
1,2,4,5-Tetrachlorobenzene (Benzene, 1,2,4,5-tetrachloro-)
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenxofurans
Tetrachloroethane, N.O.S. (Ethane, tetrachloro-, N.O.S.)
1,1,1,2-Tetrachloroethane (Ethane, 1,1,1,2-tetrachloro-)
1,1,2,2-Tetrachloroethane (Ethane, 1,1,2,2-tetrachloro-)
Tetrachloroethylene (Ethene, tetrachloro-)
2,3,4,6-Tetrachlorophenol (Phenol, 2,3,4,6-tetrachloro-)
Tetraethyldithiopyrophosphate (Thiodiphosphoric acid, tetraethyl ester)
Tetraethyl lead (Plumbane, tetraethyl-)
Tetraethyl pyrophosphate (Diphosphoric acid, tetraethyl ester)
Tetranitromethane (Methane, tetranitro-)
Thallium and compounds, N.O.S.
Thallic oxide (Thallium oxide Tl2 O3)
Thallium (I) acetate (Acetic acid, thallium (1+) salt)
Thallium (I) carbonate (Carbonic acid, dithallium (1+) salt)
Thallium (I) chloride (Thallium chloride TlCl)
Thallium (I) nitrate (Nitric acid, thallium (1+) salt)
Thallium selenite (Selenius acid, dithallium (1+) salt)
Thallium (I) sulfate (Sulfuric acid, thallium (1+) salt)
Thioacetamide (Ethanethioamide)
3,Thiofanox (2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-
[(methylamino)carbonyl] oxime)
Thiomethanol (Methanethiol)
Thiophenol (Benzenethiol)
Thiosemicarbazide (Hydrazinecarbothioamide)
Thiourea
Thiram (Thioperoxydicarbonic diamide [(H2
N)C(S)]2S2, tetramethyl-)
Toluene (Benzene, methyl-)
Toluenediamine (Benzenediamine, ar-methyl-)
Toluene-2,4-diamine (1,3-Benzenediamine, 4-methyl-)
Toluene-2,6-diamine (1,3-Benzenediamine, 2-methyl-)
Toluene-3,4-diamine (1,2-Benzenediamine, 4-methyl-)
Toluene diisocyanate (Benzene, 1,3-diisocyanatomethyl-)
o-Toluidine (Benzenamine, 2-methyl-)
o-Toluidine hydrochloride (Benzenamine, 2-methyl-, hydrochloride)
p-Toluidine (Benzenamine, 4-methyl-)
[[Page 36]]
Toxaphene
1,2,4-Trichlorobenzene (Benzene, 1,2,4-trichloro-)
1,1,2-Trichloroethane (Ethane, 1,1,2-trichloro-)
Trichloroethylene (Ethene,trichloro-)
Trichloromethanethiol (Methanethiol, trichloro-)
Trichloromonofluoromethane (Methane, trichlorofluoro-)
2,4,5-Trichlorophenol (Phenol, 2,4,5-tri chlo-ro-)
2,4,6-Trichlorophenol (Phenol, 2,4,6-tri chlo-ro-)
2,4,5-T (Acetic acid, 2,4,5- trichloro-phenoxy-)
Trichloropropane, N.O.S.
1,2,3-Trichloropropane (Propane, 1,2,3-trichloro-)
O,O,O-Triethyl phosphorothioate (Phosphorothioic acid, O,O,O-triethyl
ester)
Trinitrobenzene (Benzene, 1,3,5-trinitro-)
Tris(1-aziridinyl)phosphine sulfide (Aziridine,
1,1',1''phosphinothioylidyne-tris-))
Tris(2,3-dibromopropyl) phosphate (1-Propanol, 2,3-dibromo-, phosphate
(3:1))
Trypan blue (2,7-Naphthalendisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-
biphenyl]-4,4'-diyl)bis(azo)]bis(5-amino-4-hydroxy-, tetrasodium salt)
Uracil mustard (2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
chloroethyl)amino]-)
Vanadium pentoxide (Vanadium oxide V2 O5)
Vinyl chloride (Ethene, chloro-)
Wayfarin (2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenlybutyl)-)
Zinc cyanide (Zn(CN)2)
Zinc phosphide (Zn3 P2)
[60 FR 2868, Jan. 11, 1995]
PART 194_CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE
WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191
DISPOSAL REGULATIONS--Table of Contents
Subpart A_General Provisions
Sec.
194.1 Purpose, scope, and applicability.
194.2 Definitions.
194.3 Communications.
194.4 Conditions of compliance certification.
194.5 Publications incorporated by reference.
194.6 Alternative provisions.
194.7 Effective date.
194.8 Approval process for waste shipment from waste generator sites for
disposal at the WIPP.
Subpart B_Compliance Certification and Re-certification Applications
194.11 Completeness and accuracy of compliance applications.
194.12 Submission of compliance applications.
194.13 Submission of reference materials.
194.14 Content of compliance certification application.
194.15 Content of compliance re-certification application(s).
Subpart C_Compliance Certification and Re-certification
General Requirements
194.21 Inspections.
194.22 Quality assurance.
194.23 Models and computer codes.
194.24 Waste characterization.
194.25 Future state assumptions.
194.26 Expert judgment.
194.27 Peer review.
Containment Requirements
194.31 Application of release limits.
194.32 Scope of performance assessments.
194.33 Consideration of drilling events in performance assessments.
194.34 Results of performance assessments.
Assurance Requirements
194.41 Active institutional controls.
194.42 Monitoring.
194.43 Passive institutional controls.
194.44 Engineered barriers.
194.45 Consideration of the presence of resources.
194.46 Removal of waste.
Individual and Ground-water Protection Requirements
194.51 Consideration of protected individual.
194.52 Consideration of exposure pathways.
194.53 Consideration of underground sources of drinking water.
194.54 Scope of compliance assessments.
194.55 Results of compliance assessments.
Subpart D_Public Participation
194.61 Advance notice of proposed rulemaking for certification.
194.62 Notice of proposed rulemaking for certification.
194.63 Final rule for certification.
194.64 Documentation of continued compliance.
194.65 Notice of proposed rulemaking for modification or revocation.
194.66 Final rule for modification or revocation.
194.67 Dockets.
Appendix A to Part 194--Certification of the Waste Isolation Pilot
Plant's
[[Page 37]]
Compliance with the 40 CFR Part 191 Disposal Regulations and
the 40 CFR Part 194 Compliance Criteria
Authority: Pub. L. 102-579, 106 Stat. 4777, as amended by Pub. L.
104-201,110 Stat. 2422; Reorganization Plan No. 3 of 1970, 35 FR 15623,
Oct. 6, 1970, 5 U.S.C. app. 1; Atomic Energy Act of 1954, as amended, 42
U.S.C. 2011-2296 and 10101-10270.
Source: 61 FR 5235, Feb. 9, 1996, unless otherwise noted.
Subpart A_General Provisions
Sec. 194.1 Purpose, scope, and applicability.
This part specifies criteria for the certification or any re-
certification, or subsequent actions relating to the terms or conditions
of certification of the Department of Energy's Waste Isolation Pilot
Plant's compliance with the disposal regulations found at part 191 of
this chapter and pursuant to section 8(d)(1) and section 8(f),
respectively, of the WIPP LWA. The compliance certification application
submitted pursuant to section 8(d)(1) of the WIPP LWA and any compliance
re-certification application submitted pursuant to section 8(f) of the
WIPP LWA shall comply with the requirements of this part.
Sec. 194.2 Definitions.
Unless otherwise indicated in this part, all terms have the same
meaning as in part 191 of this chapter.
Acceptable knowledge means any information about the process used to
generate waste, material inputs to the process, and the time period
during which the waste was generated, as well as data resulting from the
analysis of waste, conducted prior to or separate from the waste
certification process authorized by EPA's Certification Decision, to
show compliance with Condition 3 of the certification decision (appendix
A of this part).
Administrator's authorized representative means the director in
charge of radiation programs at the Agency.
Certification means any action taken by the Administrator pursuant
to section 8(d)(1) of the WIPP LWA.
Compliance application(s) means the compliance certification
application submitted to the Administrator pursuant to section 8(d)(1)
of the WIPP LWA or any compliance re-certification applications
submitted to the Administrator pursuant to section 8(f) of the WIPP LWA.
Compliance assessment(s) means the analysis conducted to determine
compliance with Sec. 191.15, and part 191, subpart C of this chapter.
Delaware Basin means those surface and subsurface features which lie
inside the boundary formed to the north, east and west of the disposal
system by the innermost edge of the Capitan Reef, and formed, to the
south, by a straight line drawn from the southeastern point of the Davis
Mountains to the most southwestern point of the Glass Mountains.
Deep drilling means those drilling events in the Delaware Basin that
reach or exceed a depth of 2,150 feet below the surface relative to
where such drilling occurred.
Department means the United States Department of Energy.
Disposal regulations means part 191, subparts B and C of this
chapter.
Management systems review means the qualitative assessment of a data
collection operation or organization(s) to establish whether the
prevailing quality management structure, policies, practices, and
procedures are adequate to ensure that the type and quality of data
needed are obtained.
Minor alternative provision means an alternative provision to the
Compliance Criteria that only clarifies an existing regulatory
provision, or does not substantively alter the existing regulatory
requirements.
Modification means action(s) taken by the Administrator that alters
the terms or conditions of certification pursuant to section 8(d)(1) of
the WIPP LWA. Modification of any certification shall comply with this
part and part 191 of this chapter.
Population of CCDFs means all possible complementary, cumulative
distribution functions (CCDFs) that can be generated from all disposal
system parameter values used in performance assessments.
Population of estimates means all possible estimates of radiation
doses and radionuclide concentrations that can be generated from all
disposal system
[[Page 38]]
parameter values used in compliance assessments.
Quality assurance means those planned and systematic actions
necessary to provide adequate confidence that the disposal system will
comply with the disposal regulations set forth in part 191 of this
chapter. Quality assurance includes quality control, which comprises
those actions related to the physical characteristics of a material,
structure, component, or system that provide a means to control the
quality of the material, structure, component, or system to
predetermined requirements.
Re-certification means any action taken by the Administrator
pursuant to section 8(f) of the WIPP LWA.
Regulatory time frame means the time period beginning at disposal
and ending 10,000 years after disposal.
Revocation means any action taken by the Administrator to terminate
the certification pursuant to section 8(d)(1) of the WIPP LWA.
Secretary means the Secretary of Energy.
Shallow drilling means those drilling events in the Delaware Basin
that do not reach a depth of 2,150 feet below the surface relative to
where such drilling occurred.
Suspension means any action taken by the Administrator to withdraw,
for a limited period of time, the certification pursuant to section
8(d)(1) of the WIPP LWA.
Waste means the radioactive waste, radioactive material and
coincidental material subject to the requirements of part 191 of this
chapter.
Waste characteristic means a property of the waste that has an
impact on the containment of waste in the disposal system.
Waste component means an ingredient of the total inventory of the
waste that influences a waste characteristic.
WIPP means the Waste Isolation Pilot Plant, as authorized pursuant
to section 213 of the Department of Energy National Security and
Military Applications of Nuclear Energy Authorization Act of 1980 (Pub.
L. 96-164; 93 Stat. 1259, 1265).
WIPP LWA means the Waste Isolation Pilot Plant Land Withdrawal Act
of 1992 (Pub.L. 102-579, 106 Stat. 4777).
[61 FR 5235, Feb. 9, 1996, as amended at 63 FR 27404, May 18, 1998; 69
FR 42580, July 16, 2004]
Sec. 194.3 Communications.
(a) Compliance application(s) shall be:
(1) Addressed to the Administrator; and
(2) Signed by the Secretary.
(b) Communications and reports concerning the criteria in this part
shall be:
(1) Addressed to the Administrator or the Administrator's authorized
representative; and
(2) Signed by the Secretary or the Secretary's authorized
representative.
Sec. 194.4 Conditions of compliance certification.
(a) Any certification of compliance issued pursuant to section
8(d)(1) of the WIPP LWA may include such conditions as the Administrator
finds necessary to support such certification.
(b) Whether stated therein or not, the following conditions shall
apply in any such certification:
(1) The certification shall be subject to modification, suspension
or revocation by the Administrator. Any suspension of the certification
shall be done at the discretion of the Administrator. Any modification
or revocation of the certification shall be done by rule pursuant to 5
U.S.C. 553. If the Administrator revokes the certification, the
Department shall retrieve, as soon as practicable and to the extent
practicable, any waste emplaced in the disposal system.
(2) Any time after the Administrator issues a certification, the
Administrator or the Administrator's authorized representative may
submit a written request to the Department for information to enable the
Administrator to determine whether the certification should be modified,
suspended or revoked. Unless otherwise specified by the Administrator or
the Administrator's authorized representative, the Department shall
submit such information to the Administrator or the Administrator's
authorized representative
[[Page 39]]
within 30 calendar days of receipt of the request.
(3) Any time after the Administrator issues a certification, the
Department shall report any planned or unplanned changes in activities
or conditions pertaining to the disposal system that differ
significantly from the most recent compliance application.
(i) The Department shall inform the Administrator, in writing, prior
to making such a planned change in activity or disposal system
condition.
(ii) In the event of an unplanned change in activity or condition,
the Department shall immediately cease emplacement of waste in the
disposal system if the Department determines that one or more of the
following conditions is true:
(A) The containment requirements established pursuant to Sec.
191.13 of this chapter have been or are expected to be exceeded;
(B) Releases from already-emplaced waste lead to committed effective
doses that are or are expected to be in excess of those established
pursuant to Sec. 191.15 of this chapter. For purposes of this paragraph
(b)(3)(ii)(B), emissions from operations covered pursuant to part 191,
subpart A of this chapter are not included; or
(C) Releases have caused or are expected to cause concentrations of
radionuclides or estimated doses due to radionuclides in underground
sources of drinking water in the accessible environment to exceed the
limits established pursuant to part 191, subpart C of this chapter.
(iii) If the Department determines that a condition described in
paragraph (b)(3)(ii) of this section has occurred or is expected to
occur, the Department shall notify the Administrator, in writing, within
24 hours of the determination. Such notification shall, to the extent
practicable, include the following information:
(A) Identification of the location and environmental media of the
release or the expected release;
(B) Identification of the type and quantity of waste (in activity in
curies of each radionuclide) released or expected to be released;
(C) Time and date of the release or the estimated time of the
expected release;
(D) Assessment of the hazard posed by the release or the expected
release; and
(E) Additional information requested by the Administrator or the
Administrator's authorized representative.
(iv) The Department may resume emplacement of waste in the disposal
system upon written notification that the suspension has been lifted by
the Administrator.
(v) If the Department discovers a condition or activity that differs
significantly from what is indicated in the most recent compliance
application, but does not involve conditions or activities listed in
paragraph (b)(3)(ii) of this section, then the difference shall be
reported, in writing, to the Administrator within 10 calendar days of
its discovery.
(vi) Following receipt of notification, the Administrator will
notify the Secretary in writing whether any condition or activity
reported pursuant to paragraph (b)(3) this section:
(A) Does not comply with the terms of the certification; and, if it
does not comply,
(B) Whether the compliance certification must be modified, suspended
or revoked. The Administrator or the Administrator's authorized
representative may request additional information before determining
whether modification, suspension or revocation of the compliance
certification is required.
(4) Not later than six months after the Administrator issues a
certification, and at least annually thereafter, the Department shall
report to the Administrator, in writing, any changes in conditions or
activities pertaining to the disposal system that were not required to
be reported by paragraph (b)(3) of this section and that differ from
information contained in the most recent compliance application.
Sec. 194.5 Publications incorporated by reference.
(a) The following publications are incorporated into this part by
reference:
(1) U.S. Nuclear Regulatory Commission, NUREG-1297 ``Peer Review for
[[Page 40]]
High-Level Nuclear Waste Repositories,'' published February 1988;
incorporation by reference (IBR) approved for Sec. Sec. 194.22, 194.23
and 194.27.
(2) American Society of Mechanical Engineers (ASME) Nuclear Quality
Assurance (NQA) Standard, NQA-1-1989 edition, ``Quality Assurance
Program Requirements for Nuclear Facilities;'' IBR approved for Sec.
194.22.
(3) ASME NQA-2a-1990 addenda, part 2.7, to ASME NQA-2-1989 edition
``Quality Assurance Requirements for Nuclear Facility Applications;''
IBR approved for Sec. 194.22 and Sec. 194.23.
(4) ASME NQA-3-1989 edition, ``Quality Assurance Program
Requirements for the Collection of Scientific and Technical Information
for Site Characterization of High-Level Nuclear Waste Repositories''
(excluding section 2.1 (b) and (c)); IBR approved for Sec. 194.22.
(b) The publications listed in paragraph (a) of this section were
approved for incorporation by reference by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected or obtained from the Air Docket, Docket No. A-92-56,
room M1500 (LE131), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460, or copies may be inspected
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. or copies may be obtained from
the following addresses:
(1) For ASME standards, contact American Society of Mechanical
Engineers, 22 Law Drive, P.O. Box 2900, Fairfield, NJ 07007-2900, phone
1-800-843-2763.
(2) For Nuclear Regulatory Commission documents, contact Division of
Information Support Services, Distribution Service, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, or contact National
Technical Information Service, 5285 Port Royal Road, Springfield, VA
22161, phone 703-487-4650.
[61 FR 5235, Feb. 9, 1996, as amended at 65 FR 47325, Aug. 2, 2000; 69
FR 18803, Apr. 9, 2004]
Sec. 194.6 Alternative provisions.
The Administrator may, by rule pursuant to 5 U.S.C. 553, substitute
for any of the provisions of this part alternative provisions, or minor
alternative provisions, in accordance with the following procedures:
(a) Alternative provisions may be substituted after:
(1) Alternative provisions have been proposed for public comment in
the Federal Register together with information describing how the
alternative provisions comport with the disposal regulations, the
reasons why the existing provisions of this part appear inappropriate,
and the costs, risks and benefits of compliance in accordance with the
alternative provisions;
(2) A public comment period of at least 120 days has been completed
and public hearings have been held in New Mexico;
(3) The public comments received have been fully considered; and
(4) A notice of final rulemaking is published in the Federal
Register.
(b) Minor alternative provisions may be substituted after:
(1) The minor alternative provisions have been proposed for public
comment in the Federal Register together with information describing how
they comport with the disposal regulations, the reasons why the existing
provisions of this part appear inappropriate, and the benefit of
compliance in accordance with the minor alternative provision;
(2) A public comment period of at least 30 days has been completed
for the minor alternative provisions and the public comments received
have been fully considered;
(3) A notice of final rulemaking is published in the Federal
Register for the minor alternative provisions.
[69 FR 42581, July 16, 2004]
Sec. 194.7 Effective date.
The criteria in this part shall be effective on April 9, 1996. The
incorporation by reference of certain publications listed in the
criteria is approved by the Director of the Federal Register as of April
9, 1996.
[[Page 41]]
Sec. 194.8 Approval process for waste shipment from waste generator
sites for disposal at the WIPP.
(a) Quality Assurance Programs at Waste Generator Sites. The Agency
will determine compliance with requirements for site-specific quality
assurance programs as set forth below:
(1) Upon submission by the Department of a site-specific quality
assurance program plan the Agency will evaluate the plan to determine
whether it establishes the applicable Nuclear Quality Assurance (NQA)
requirements of Sec. 194.22(a)(1) for the items and activities of
Sec. Sec. 194.22(a)(2)(i), 194.24(c)(3) and 194.24(c)(5). The program
plan and other documentation submitted by the Department will be placed
in the dockets described in Sec. 194.67.
(2) The Agency will conduct a quality assurance audit or an
inspection of a Department quality assurance audit at the relevant site
for the purpose of verifying proper execution of the site-specific
quality assurance program plan. The Agency will publish a notice in the
Federal Register announcing a scheduled inspection or audit. In that or
another notice, the Agency will also solicit public comment on the
quality assurance program plan and appropriate Department documentation
described in paragraph (a)(1) of this section. A public comment period
of at least 30 days will be allowed.
(3) The Agency's written decision regarding compliance with the
requisite quality assurance requirements at a waste generator site will
be conveyed in a letter from the Administrator's authorized
representative to the Department. No such compliance determination shall
be granted until after the end of the public comment period described in
paragraph (a)(2) of this section. A copy of the Agency's compliance
determination letter will be placed in the public dockets in accordance
with Sec. 194.67. The results of any inspections or audits conducted by
the Agency to evaluate the quality assurance programs described in
paragraph (a)(1) of this section will also be placed in the dockets
described in Sec. 194.67.
(4) Subsequent to any positive determination of compliance as
described in paragraph (a)(3) of this section, the Agency intends to
conduct inspections, in accordance with Sec. Sec. 194.21 and 194.22(e),
to confirm the continued compliance of the programs approved under
paragraphs (a)(2) and (a)(3) of this section. The results of such
inspections will be made available to the public through the Agency's
public dockets, as described in Sec. 194.67.
(b) Waste characterization programs at transuranic waste sites. The
Agency will establish compliance with Condition 3 of the certification
using the following process:
(1) DOE will implement waste characterization programs and processes
in accordance with Sec. 194.24(c)(4) to confirm that the total amount
of each waste component that will be emplaced in the disposal system
will not exceed the upper limiting value or fall below the lower
limiting value described in the introductory text of Sec. 194.24(c).
Waste characterization processes will include the collection and use of
acceptable knowledge; destructive and/or nondestructive techniques for
identifying and measuring waste components; and the validation, control,
and transmittal to the WIPP Waste Information System database of waste
characterization data, in accordance with Sec. 194.24(c)(4).
(2) The Agency will verify the compliance of waste characterization
programs and processes identified in paragraph (b)(1) of this section at
sites without EPA approval prior to October 14, 2004, using the
following process:
(i) DOE will notify EPA by letter that a transuranic waste site is
prepared to ship waste to the WIPP and has established adequate waste
characterization processes and programs. DOE also will provide the
relevant waste characterization program plans and documentation. EPA may
request additional information from DOE.
(ii) EPA will conduct a baseline compliance inspection at the site
to verify that adequate waste characterization program plans and
technical procedures have been established, and that those plans and
procedures are effectively implemented. The inspection will include a
demonstration or test by the site of the waste characterization
processes identified in paragraph (b)(1) of this section. If an
inspection does not lead to approval, we will send an
[[Page 42]]
inspection report to DOE identifying deficiencies and place the report
in the public docket described in Sec. 194.67. More than one inspection
may be necessary to resolve compliance issues.
(iii) The Agency will announce in the Federal Register a proposed
Baseline Compliance Decision to accept the site's compliance with Sec.
194.24(c)(4). We will place the inspection report(s) and any supporting
documentation in the public docket described in Sec. 194.67. The site
inspection report supporting the proposal will describe any limitations
on approved waste streams or waste characterization processes. It will
also identify (through tier designations in accordance with paragraph
(b)(4) of this section) what changes to the approved waste
characterization processes must be reported to and approved by EPA
before they can be implemented. In the notice, we will solicit public
comment (for a minimum of 45 days) on the proposed Baseline Compliance
Decision, including any limitations and the tier designations for future
changes or expansions to the site's waste characterization program.
(iv) Our written decision regarding compliance with the requirements
for waste characterization programs and processes described in paragraph
(b)(1) of this section will be conveyed in a letter from the
Administrator's authorized representative to DOE. EPA will not issue a
compliance decision until after the end of the public comment period
described in paragraph (b)(2)(iii) of this section. EPA's compliance
decision will respond to significant and timely-received comments. A
copy of our compliance decision will be placed in the public docket
described in Sec. 194.67. DOE will comply with any requirements
identified in the compliance decision and the accompanying inspection
report.
(3) Subsequent to any positive determination of compliance as
described in paragraph (b)(2)(iv) of this section, the Agency intends to
conduct inspections, in accordance with Sec. 194.24(h), to confirm the
continued compliance of approved waste characterization programs and
processes at transuranic waste sites. EPA will make the results of these
inspections available to the public in the dockets described in Sec.
194.67.
(4) Subsequent to any positive determination of compliance as
described in paragraph (b)(2)(iv) of this section, the Department must
report changes or expansions to the approved waste characterization
program at a site in accordance with the tier designations established
in the Baseline Compliance Decision.
(i) For changes or expansions to the waste characterization program
designated as ``Tier 1,'' the Department shall provide written
notification to the Agency. The Department shall not ship for disposal
at WIPP any waste that has been characterized using the new or revised
processes, equipment, or waste streams until EPA has provided written
approval of such new or revised systems.
(ii) For changes or expansions to the waste characterization program
designated as ``Tier 2,'' the Department shall provide written
notification to the Agency. Waste characterized using the new or revised
processes, equipment, or waste streams may be disposed at WIPP without
written EPA approval.
(iii) EPA may conduct inspections in accordance with Sec. 194.24(h)
to evaluate the implementation of Tier 1 and Tier 2 changes or
expansions to the waste characterization program at a site.
(iv) Waste characterization program changes or expansions that are
not identified as either ``Tier 1'' or ``Tier 2'' will not require
written notification by the Department to the Agency before
implementation or before shipping waste for disposal at WIPP.
(5) Subsequent to any positive determination of compliance as
described in paragraph (b)(2)(iii) of this section, EPA may revise the
tier designations for approving changes or expansions to the waste
characterization program at a site using the following process:
(i) The Agency shall announce the proposed tier changes in a letter
to the Department. The letter will describe the Agency's reasons for the
proposed change in tier designation(s). The letter and any supporting
inspection report(s) or other documentation will be placed in the
dockets described in Sec. 194.67.
[[Page 43]]
(ii) If the revised designation entails more stringent notification
and approval requirements (e.g., from Tier 2 to Tier 1, or from
undesignated to Tier 2), the change shall become effective immediately
and the site shall operate under the more stringent requirements without
delay.
(iii) If the revised designated entails less stringent notification
and approval requirements, (e.g., from Tier 1 to Tier 2, or from Tier 2
to undesignated), EPA will solicit comments from the public for a
minimum of 30 days. The site will continue to operate under the more
stringent approval requirements until the public comment period is
closed and EPA notifies DOE in writing of the Agency's final decision.
(6) A waste generator site that EPA approved for characterizing and
disposing transuranic waste at the WIPP under this section prior to
October 14, 2004, may continue characterizing and disposing such waste
at the WIPP under paragraph (c) of this section until EPA has conducted
a baseline compliance inspection and provided a Baseline Compliance
Decision under paragraph (b)(2) of this section.
(i) Until EPA provides a Baseline Compliance Decision for such a
site, EPA may approve additional transuranic waste streams for disposal
at WIPP under the provisions of paragraph (c) of this section. Prior to
the effective date of EPA's Baseline Compliance Decision for such a
site, EPA will continue to conduct inspections of the site in accordance
with Sec. 194.24(c).
(ii) EPA shall conduct a baseline compliance inspection and issue a
Baseline Compliance Decision for such previously approved sites in
accordance with the provisions of paragraph (b) of this section, except
that the site shall not be required to provide written notification of
readiness as described in paragraph (b)(2)(i) of this section.
(c) Waste characterization programs at waste generator sites with
prior approval. For a waste generator site that EPA approved for
characterizing and disposing transuranic waste at the WIPP under this
section prior to October 14, 2004, the Agency will determine compliance
with the requirements for use of process knowledge and a system of
controls at waste generator sites as set in this paragraph (c).
Approvals for a site to characterize and dispose of transuranic waste at
WIPP will proceed according to this section only until EPA has conducted
a baseline compliance inspection and provided a Baseline Compliance
Decision for a site under paragraph (b)(2) of this section.
(1) For each waste stream or group of waste streams at a site, the
Department must:
(i) Provide information on how process knowledge will be used for
waste characterization of the waste stream(s) proposed for disposal at
the WIPP; and
(ii) Implement a system of controls at the site, in accordance with
Sec. 194.24(c)(4), to confirm that the total amount of each waste
component that will be emplaced in the disposal system will not exceed
the upper limiting value or fall below the lower limiting value
described in the introductory text of Sec. 194.24(c). The
implementation of such a system of controls shall include a
demonstration that the site has procedures in place for adding data to
the WIPP Waste Information System (``WWIS''), and that such information
can be transmitted from that site to the WWIS database; and a
demonstration that measurement techniques and control methods can be
implemented in accordance with Sec. 194.24(c)(4) for the waste
stream(s) proposed for disposal at the WIPP.
(2) The Agency will conduct an audit or an inspection of a
Department audit for the purpose of evaluating the use of process
knowledge and the implementation of a system of controls for each waste
stream or group of waste streams at a waste generator site. The Agency
will announce a scheduled inspection or audit by the Agency with a
notice in the Federal Register. In that or another notice, the Agency
will also solicit public comment on the relevant waste characterization
program plans and Department documentation, which will be placed in the
dockets described in Sec. 194.67. A public comment period of at least
30 days will be allowed.
(3) The Agency's written decision regarding compliance with the
requirements for waste characterization programs described in paragraph
(b)(1) of this section for one or more waste
[[Page 44]]
streams from a waste generator site will be conveyed in a letter from
the Administrator's authorized representative to the Department. No such
compliance determination shall be granted until after the end of the
public comment period described in paragraph (b)(2) of this section. A
copy of the Agency's compliance determination letter will be placed in
the public dockets in accordance with Sec. 194.67. The results of any
inspections or audits conducted by the Agency to evaluate the plans
described in paragraph (b)(1) of this section will also be placed in the
dockets described in Sec. 194.67.
(4) Subsequent to any positive determination of compliance as
described in paragraph (b)(3) of this section, the Agency intends to
conduct inspections, in accordance with Sec. Sec. 194.21 and 194.24(h),
to confirm the continued compliance of the programs approved under
paragraphs (b)(2) and (b)(3) of this section. The results of such
inspections will be made available to the public through the Agency's
public dockets, as described in Sec. 194.67.
[63 FR 27404, May 18, 1998, as amended at 69 FR 42581, July 16, 2004]
Subpart B_Compliance Certification and Re-certification Applications
Sec. 194.11 Completeness and accuracy of compliance applications.
Information provided to the Administrator in support of any
compliance application shall be complete and accurate. The
Administrator's evaluation for certification pursuant to section
8(d)(1)(B) of the WIPP LWA and evaluation for recertification pursuant
to section 8(f)(2) of the WIPP LWA shall not begin until the
Administrator has notified the Secretary, in writing, that a complete
application in accordance with this part has been received.
Sec. 194.12 Submission of compliance applications.
Unless otherwise specified by the Administrator or the
Administrator's authorized representative, 5 copies of any compliance
application(s), any accompanying materials, and any amendments thereto
shall be submitted in a printed form to the Administrator's authorized
representative. These paper copies are intended for the official docket
in Washington, DC, as well as the four informational dockets in
Albuquerque and Santa Fe, New Mexico. In addition, DOE shall submit 10
copies of the complete application in alternative format (e.g., compact
disk) or other approved format, as specified by the Administrator's
authorized representative.
[69 FR 42582, July 16, 2004]
Sec. 194.13 Submission of reference materials.
Information may be included by reference into compliance
applications(s), provided that the references are clear specific and
that unless, otherwise specified by the Administrator or the
Administrator's authorized representative, 5 copies of reference
information are submitted to the Administrator's authorized
representative. These paper copies are intended for the official docket
in Washington, DC, as well as the four informational dockets in
Albuquerque and Santa Fe, New Mexico. Reference materials that are
widely available in standard text books or reference books need not to
be submitted. Whenever possible, DOE shall submit 10 copies of reference
materials in alternative format (e.g., compact disk) or other approved
format, as specified by the Administrator's authorized representative.
[69 FR 42582, July 16, 2004]
Sec. 194.14 Content of compliance certification application.
Any compliance application shall include:
(a) A current description of the natural and engineered features
that may affect the performance of the disposal system. The description
of the disposal system shall include, at a minimum, the following
information:
(1) The location of the disposal system and the controlled area;
(2) A description of the geology, geophysics, hydrogeology,
hydrology, and geochemistry of the disposal system and its vicinity and
how these conditions are expected to change and interact over the
regulatory time frame.
[[Page 45]]
Such description shall include, at a minimum:
(i) Existing fluids and fluid hydraulic potential, including brine
pockets, in and near the disposal system; and
(ii) Existing higher permeability anhydrite interbeds located at or
near the horizon of the waste.
(3) The presence and characteristics of potential pathways for
transport of waste from the disposal system to the accessible
environment including, but not limited to: Existing boreholes, solution
features, breccia pipes, and other potentially permeable features, such
as interbeds.
(4) The projected geophysical, hydrogeologic and geochemical
conditions of the disposal system due to the presence of waste
including, but not limited to, the effects of production of heat or
gases from the waste.
(b) A description of the design of the disposal system including:
(1) Information on materials of construction including, but not
limited to: Geologic media, structural materials, engineered barriers,
general arrangement, and approximate dimensions; and
(2) Computer codes and standards that have been applied to the
design and construction of the disposal system.
(c) Results of assessments conducted pursuant to this part.
(d) A description of input parameters associated with assessments
conducted pursuant to this part and the basis for selecting those input
parameters.
(e) Documentation of measures taken to meet the assurance
requirements of this part.
(f) A description of waste acceptance criteria and actions taken to
assure adherence to such criteria.
(g) A description of background radiation in air, soil and water in
the vicinity of the disposal system and the procedures employed to
determine such radiation.
(h) One or more topographic map(s) of the vicinity of the disposal
system. The contour interval shall be sufficient to show clearly the
pattern of surface water flow in the vicinity of the disposal system.
The map(s) shall include standard map notations and symbols, and, in
addition, shall show boundaries of the controlled area and the location
of any active, inactive, and abandoned injection and withdrawal wells in
the controlled area and in the vicinity of the disposal system.
(i) A description of past and current climatologic and meteorologic
conditions in the vicinity of the disposal system and how these
conditions are expected to change over the regulatory time frame.
(j) The information required elsewhere in this part or any
additional information, analyses, tests, or records determined by the
Administrator or the Administrator's authorized representative to be
necessary for determining compliance with this part.
Sec. 194.15 Content of compliance re-certification application(s).
(a) In submitting documentation of continued compliance pursuant to
section 8(f) of the WIPP LWA, the previous compliance application shall
be updated to provide sufficient information for the Administrator to
determine whether or not the WIPP continues to be in compliance with the
disposal regulations. Updated documentation shall include:
(1) All additional geologic, geophysical, geochemical, hydrologic,
and meteorologic information;
(2) All additional monitoring data, analyses and results;
(3) All additional analyses and results of laboratory experiments
conducted by the Department or its contractors as part of the WIPP
program;
(4) An identification of any activities or assumptions that deviate
from the most recent compliance application;
(5) A description of all waste emplaced in the disposal system since
the most recent compliance certification or re-certification
application. Such description shall consist of a description of the
waste characteristics and waste components identified in Sec. Sec.
194.24(b)(1) and 194.24(b)(2);
(6) Any significant information not previously included in a
compliance certification or re-certification application related to
whether the disposal system continues to be in compliance with the
disposal regulations; and
(7) Any additional information requested by the Administrator or the
[[Page 46]]
Administrator's authorized representative.
(b) To the extent that information required for a re-certification
of compliance remains valid and has been submitted in previous
certification or re-certification application(s), such information need
not be duplicated in subsequent applications; such information may be
summarized and referenced.
Subpart C_Compliance Certification and Re-certification
General Requirements
Sec. 194.21 Inspections.
(a) The Administrator or the Administrator's authorized
representative(s) shall, at any time:
(1) Be afforded unfettered and unannounced access to inspect any
area of the WIPP, and any locations performing activities that provide
information relevant to compliance application(s), to which the
Department has rights of access. Such access shall be equivalent to
access afforded Department employees upon presentation of credentials
and other required documents.
(2) Be allowed to obtain samples, including split samples, and to
monitor and measure aspects of the disposal system and the waste
proposed for disposal in the disposal system.
(b) Records (including data and other information in any form) kept
by the Department pertaining to the WIPP shall be made available to the
Administrator or the Administrator's authorized representative upon
request. If requested records are not immediately available, they shall
be delivered within 30 calendar days of the request.
(c) The Department shall, upon request by the Administrator or the
Administrator's authorized representative, provide permanent, private
office space that is accessible to the disposal system. The office space
shall be for the exclusive use of the Administrator or the
Administrator's authorized representative(s).
(d) The Administrator or the Administrator's authorized
representative(s) shall comply with applicable access control measures
for security, radiological protection, and personal safety when
conducting activities pursuant to this section.
Sec. 194.22 Quality assurance.
(a)(1) As soon as practicable after April 9, 1996, the Department
shall adhere to a quality assurance program that implements the
requirements of ASME NQA-1-1989 edition, ASME NQA-2a-1990 addenda, part
2.7, to ASME NQA-2-1989 edition, and ASME NQA-3-1989 edition (excluding
Section 2.1 (b) and (c), and Section 17.1). (Incorporation by reference
as specified in Sec. 194.5.)
(2) Any compliance application shall include information which
demonstrates that the quality assurance program required pursuant to
paragraph (a)(1) of this section has been established and executed for:
(i) Waste characterization activities and assumptions;
(ii) Environmental monitoring, monitoring of the performance of the
disposal system, and sampling and analysis activities;
(iii) Field measurements of geologic factors, ground water,
meteorologic, and topographic characteristics;
(iv) Computations, computer codes, models and methods used to
demonstrate compliance with the disposal regulations in accordance with
the provisions of this part;
(v) Procedures for implementation of expert judgment elicitation
used to support applications for certification or re-certification of
compliance;
(vi) Design of the disposal system and actions taken to ensure
compliance with design specifications;
(vii) The collection of data and information used to support
compliance application(s); and
(viii) Other systems, structures, components, and activities
important to the containment of waste in the disposal system.
(b) Any compliance application shall include information which
demonstrates that data and information collected prior to the
implementation of the quality assurance program required pursuant to
paragraph (a)(1) of this section have been qualified in accordance with
an alternate methodology, approved by the Administrator or the
Administrator's authorized representative, that employs one or more
[[Page 47]]
of the following methods: Peer review, conducted in a manner that is
compatible with NUREG-1297, ``Peer Review for High-Level Nuclear Waste
Repositories,'' published February 1988 (incorporation by reference as
specified in Sec. 194.5); corroborating data; confirmatory testing; or
a quality assurance program that is equivalent in effect to ASME NQA-1-
1989 edition, ASME NQA-2a-1990 addenda, part 2.7, to ASME NQA-2-1989
edition, and ASME NQA-3-1989 edition (excluding Section 2.1 (b) and (c)
and Section 17.1). (Incorporation by reference as specified in Sec.
194.5.)
(c) Any compliance application shall provide, to the extent
practicable, information which describes how all data used to support
the compliance application have been assessed for their quality
characteristics, including:
(1) Data accuracy, i.e., the degree to which data agree with an
accepted reference or true value;
(2) Data precision, i.e., a measure of the mutual agreement between
comparable data gathered or developed under similar conditions expressed
in terms of a standard deviation;
(3) Data representativeness, i.e., the degree to which data
accurately and precisely represent a characteristic of a population, a
parameter, variations at a sampling point, or environmental conditions;
(4) Data completeness, i.e., a measure of the amount of valid data
obtained compared to the amount that was expected; and
(5) Data comparability, i.e., a measure of the confidence with which
one data set can be compared to another.
(d) Any compliance application shall provide information which
demonstrates how all data are qualified for use in the demonstration of
compliance.
(e) The Administrator will verify appropriate execution of quality
assurance programs through inspections, record reviews and record
keeping requirements, which may include, but may not be limited to,
surveillance, audits and management systems reviews.
Sec. 194.23 Models and computer codes.
(a) Any compliance application shall include:
(1) A description of the conceptual models and scenario construction
used to support any compliance application.
(2) A description of plausible, alternative conceptual model(s)
seriously considered but not used to support such application, and an
explanation of the reason(s) why such model(s) was not deemed to
accurately portray performance of the disposal system.
(3) Documentation that:
(i) Conceptual models and scenarios reasonably represent possible
future states of the disposal system;
(ii) Mathematical models incorporate equations and boundary
conditions which reasonably represent the mathematical formulation of
the conceptual models;
(iii) Numerical models provide numerical schemes which enable the
mathematical models to obtain stable solutions;
(iv) Computer models accurately implement the numerical models;
i.e., computer codes are free of coding errors and produce stable
solutions;
(v) Conceptual models have undergone peer review according to Sec.
194.27.
(b) Computer codes used to support any compliance application shall
be documented in a manner that complies with the requirements of ASME
NQA-2a-1990 addenda, part 2.7, to ASME NQA-2-1989 edition.
(Incorporation by reference as specified in Sec. 194.5.)
(c) Documentation of all models and computer codes included as part
of any compliance application performance assessment calculation shall
be provided. Such documentation shall include, but shall not be limited
to:
(1) Descriptions of the theoretical backgrounds of each model and
the method of analysis or assessment;
(2) General descriptions of the models; discussions of the limits of
applicability of each model; detailed instructions for executing the
computer codes, including hardware and software requirements, input and
output formats with explanations of each input and output variable and
parameter (e.g., parameter name and units); listings of input and output
files from a sample computer run; and reports on code verification,
benchmarking, validation, and quality assurance procedures;
[[Page 48]]
(3) Detailed descriptions of the structure of computer codes and
complete listings of the source codes;
(4) Detailed descriptions of data collection procedures, sources of
data, data reduction and analysis, and code input parameter development;
(5) Any necessary licenses; and
(6) An explanation of the manner in which models and computer codes
incorporate the effects of parameter correlation.
(d) The Administrator or the Administrator's authorized
representative may verify the results of computer simulations used to
support any compliance application by performing independent
simulations. Data files, source codes, executable versions of computer
software for each model, other material or information needed to permit
the Administrator or the Administrator's authorized representative to
perform independent simulations, and access to necessary hardware to
perform such simulations, shall be provided within 30 calendar days of a
request by the Administrator or the Administrator's authorized
representative.
Sec. 194.24 Waste characterization.
(a) Any compliance application shall describe the chemical,
radiological and physical composition of all existing waste proposed for
disposal in the disposal system. To the extent practicable, any
compliance application shall also describe the chemical, radiological
and physical composition of to-be-generated waste proposed for disposal
in the disposal system. These descriptions shall include a list of waste
components and their approximate quantities in the waste. This list may
be derived from process knowledge, current non-destructive examination/
assay, or other information and methods.
(b) The Department shall submit in the compliance certification
application the results of an analysis which substantiates:
(1) That all waste characteristics influencing containment of waste
in the disposal system have been identified and assessed for their
impact on disposal system performance. The characteristics to be
analyzed shall include, but shall not be limited to: Solubility;
formation of colloidal suspensions containing radionuclides; production
of gas from the waste; shear strength; compactability; and other waste-
related inputs into the computer models that are used in the performance
assessment.
(2) That all waste components influencing the waste characteristics
identified in paragraph (b)(1) of this section have been identified and
assessed for their impact on disposal system performance. The components
to be analyzed shall include, but shall not be limited to: metals;
cellulosics; chelating agents; water and other liquids; and activity in
curies of each isotope of the radionuclides present.
(3) Any decision to exclude consideration of any waste
characteristic or waste component because such characteristic or
component is not expected to significantly influence the containment of
the waste in the disposal system.
(c) For each waste component identified and assessed pursuant to
paragraph (b) of this section, the Department shall specify the limiting
value (expressed as an upper or lower limit of mass, volume, curies,
concentration, etc.), and the associated uncertainty (i.e., margin of
error) for each limiting value, of the total inventory of such waste
proposed for disposal in the disposal system. Any compliance application
shall:
(1) Demonstrate that, for the total inventory of waste proposed for
disposal in the disposal system, WIPP complies with the numeric
requirements of Sec. 194.34 and Sec. 194.55 for the upper or lower
limits (including the associated uncertainties), as appropriate, for
each waste component identified in paragraph (b)(2) of this section, and
for the plausible combinations of upper and lower limits of such waste
components that would result in the greatest estimated release.
(2) Identify and describe the method(s) used to quantify the limits
of waste components identified in paragraph (b)(2) of this section.
(3) Provide information that demonstrates that the use of acceptable
knowledge to quantify components in waste for disposal conforms with the
[[Page 49]]
quality assurance requirements of Sec. 194.22.
(4) Provide information which demonstrates that a system of controls
has been and will continue to be implemented to confirm that the total
amount of each waste component that will be emplaced in the disposal
system will not exceed the upper limiting value or fall below the lower
limiting value described in the introductory text of paragraph (c) of
this section. The system of controls shall include, but shall not be
limited to: Measurement; sampling; chain of custody records; record
keeping systems; waste loading schemes used; and other documentation.
(5) Identify and describe such controls delineated in paragraph
(c)(4) of this section and confirm that they are applied in accordance
with the quality assurance requirements found in Sec. 194.22.
(d) The Department shall include a waste loading scheme in any
compliance application, or else performance assessments conducted
pursuant to Sec. 194.32 and compliance assessments conducted pursuant
to Sec. 194.54 shall assume random placement of waste in the disposal
system.
(e) Waste may be emplaced in the disposal system only if the
emplaced components of such waste will not cause:
(1) The total quantity of waste in the disposal system to exceed the
upper limiting value, including the associated uncertainty, described in
the introductory text to paragraph (c) of this section; or
(2) The total quantity of waste that will have been emplaced in the
disposal system, prior to closure, to fall below the lower limiting
value, including the associated uncertainty, described in the
introductory text to paragraph (c) of this section.
(f) Waste emplacement shall conform to the assumed waste loading
conditions, if any, used in performance assessments conducted pursuant
to Sec. 194.32 and compliance assessments conducted pursuant to Sec.
194.54.
(g) The Department shall demonstrate in any compliance application
that the total inventory of waste emplaced in the disposal system
complies with the limitations on transuranic waste disposal described in
the WIPP LWA.
(h) The Administrator will use inspections and records reviews, such
as audits, to verify compliance with this section.
[61 FR 5235, Feb. 9, 1996, as amended at 69 FR 42583, July 16, 2004]
Sec. 194.25 Future state assumptions.
(a) Unless otherwise specified in this part or in the disposal
regulations, performance assessments and compliance assessments
conducted pursuant the provisions of this part to demonstrate compliance
with Sec. 191.13, Sec. 191.15 and part 191, subpart C shall assume
that characteristics of the future remain what they are at the time the
compliance application is prepared, provided that such characteristics
are not related to hydrogeologic, geologic or climatic conditions.
(b) In considering future states pursuant to this section, the
Department shall document in any compliance application, to the extent
practicable, effects of potential future hydrogeologic, geologic and
climatic conditions on the disposal system over the regulatory time
frame. Such documentation shall be part of the activities undertaken
pursuant to Sec. 194.14, Content of compliance certification
application; Sec. 194.32, Scope of performance assessments; and Sec.
194.54, Scope of compliance assessments.
(1) In considering the effects of hydrogeologic conditions on the
disposal system, the Department shall document in any compliance
application, to the extent practicable, the effects of potential changes
to hydrogeologic conditions.
(2) In considering the effects of geologic conditions on the
disposal system, the Department shall document in any compliance
application, to the extent practicable, the effects of potential changes
to geologic conditions, including, but not limited to: Dissolution; near
surface geomorphic features and processes; and related subsidence in the
geologic units of the disposal system.
(3) In considering the effects of climatic conditions on the
disposal system, the Department shall document in
[[Page 50]]
any compliance application, to the extent practicable, the effects of
potential changes to future climate cycles of increased precipitation
(as compared to present conditions).
Sec. 194.26 Expert judgment.
(a) Expert judgment, by an individual expert or panel of experts,
may be used to support any compliance application, provided that expert
judgment does not substitute for information that could reasonably be
obtained through data collection or experimentation.
(b) Any compliance application shall:
(1) Identify any expert judgments used to support the application
and shall identify experts (by name and employer) involved in any expert
judgment elicitation processes used to support the application.
(2) Describe the process of eliciting expert judgment, and document
the results of expert judgment elicitation processes and the reasoning
behind those results. Documentation of interviews used to elicit
judgments from experts, the questions or issues presented for
elicitation of expert judgment, background information provided to
experts, and deliberations and formal interactions among experts shall
be provided. The opinions of all experts involved in each elicitation
process shall be provided whether the opinions are used to support
compliance applications or not.
(3) Provide documentation that the following restrictions and
guidelines have been applied to any selection of individuals used to
elicit expert judgments:
(i) Individuals who are members of the team of investigators
requesting the judgment or the team of investigators who will use the
judgment were not selected; and
(ii) Individuals who maintain, at any organizational level, a
supervisory role or who are supervised by those who will utilize the
judgment were not selected.
(4) Provide information which demonstrates that:
(i) The expertise of any individual involved in expert judgment
elicitation comports with the level of knowledge required by the
questions or issues presented to that individual; and
(ii) The expertise of any expert panel, as a whole, involved in
expert judgment elicitation comports with the level and variety of
knowledge required by the questions or issues presented to that panel.
(5) Explain the relationship among the information and issues
presented to experts prior to the elicitation process, the elicited
judgment of any expert panel or individual, and the purpose for which
the expert judgment is being used in compliance applications(s).
(6) Provide documentation that the initial purpose for which expert
judgment was intended, as presented to the expert panel, is consistent
with the purpose for which this judgment was used in compliance
application(s).
(7) Provide documentation that the following restrictions and
guidelines have been applied in eliciting expert judgment:
(i) At least five individuals shall be used in any expert
elicitation process, unless there is a lack or unavailability of experts
and a documented rationale is provided that explains why fewer than five
individuals were selected.
(ii) At least two-thirds of the experts involved in an elicitation
shall consist of individuals who are not employed directly by the
Department or by the Department's contractors, unless the Department can
demonstrate and document that there is a lack or unavailability of
qualified independent experts. If so demonstrated, at least one-third of
the experts involved in an elicitation shall consist of individuals who
are not employed directly by the Department or by the Department's
contractors.
(c) The public shall be afforded a reasonable opportunity to present
its scientific and technical views to expert panels as input to any
expert elicitation process.
Sec. 194.27 Peer review.
(a) Any compliance application shall include documentation of peer
review that has been conducted, in a manner required by this section,
for:
(1) Conceptual models selected and developed by the Department;
(2) Waste characterization analyses as required in Sec. 194.24(b);
and
[[Page 51]]
(3) Engineered barrier evaluation as required in Sec. 194.44.
(b) Peer review processes required in paragraph (a) of this section,
and conducted subsequent to the promulgation of this part, shall be
conducted in a manner that is compatible with NUREG-1297, ``Peer Review
for High-Level Nuclear Waste Repositories,'' published February 1988.
(Incorporation by reference as specified in Sec. 194.5.)
(c) Any compliance application shall:
(1) Include information that demonstrates that peer review processes
required in paragraph (a) of this section, and conducted prior to the
implementation of the promulgation of this part, were conducted in
accordance with an alternate process substantially equivalent in effect
to NUREG-1297 and approved by the Administrator or the Administrator's
authorized representative; and
(2) Document any peer review processes conducted in addition to
those required pursuant to paragraph (a) of this section. Such
documentation shall include formal requests, from the Department to
outside review groups or individuals, to review or comment on any
information used to support compliance applications, and the responses
from such groups or individuals.
Containment Requirements
Sec. 194.31 Application of release limits.
The release limits shall be calculated according to part 191,
appendix A of this chapter, using the total activity, in curies, that
will exist in the disposal system at the time of disposal.
Sec. 194.32 Scope of performance assessments.
(a) Performance assessments shall consider natural processes and
events, mining, deep drilling, and shallow drilling that may affect the
disposal system during the regulatory time frame.
(b) Assessments of mining effects may be limited to changes in the
hydraulic conductivity of the hydrogeologic units of the disposal system
from excavation mining for natural resources. Mining shall be assumed to
occur with a one in 100 probability in each century of the regulatory
time frame. Performance assessments shall assume that mineral deposits
of those resources, similar in quality and type to those resources
currently extracted from the Delaware Basin, will be completely removed
from the controlled area during the century in which such mining is
randomly calculated to occur. Complete removal of such mineral resources
shall be assumed to occur only once during the regulatory time frame.
(c) Performance assessments shall include an analysis of the effects
on the disposal system of any activities that occur in the vicinity of
the disposal system prior to disposal and are expected to occur in the
vicinity of the disposal system soon after disposal. Such activities
shall include, but shall not be limited to, existing boreholes and the
development of any existing leases that can be reasonably expected to be
developed in the near future, including boreholes and leases that may be
used for fluid injection activities.
(d) Performance assessments need not consider processes and events
that have less than one chance in 10,000 of occurring over 10,000 years.
(e) Any compliance application(s) shall include information which:
(1) Identifies all potential processes, events or sequences and
combinations of processes and events that may occur during the
regulatory time frame and may affect the disposal system;
(2) Identifies the processes, events or sequences and combinations
of processes and events included in performance assessments; and
(3) Documents why any processes, events or sequences and
combinations of processes and events identified pursuant to paragraph
(e)(1) of this section were not included in performance assessment
results provided in any compliance application.
Sec. 194.33 Consideration of drilling events in performance
assessments.
(a) Performance assessments shall examine deep drilling and shallow
drilling that may potentially affect the disposal system during the
regulatory time frame.
(b) The following assumptions and process shall be used in assessing
the likelihood and consequences of drilling
[[Page 52]]
events, and the results of such process shall be documented in any
compliance application:
(1) Inadvertent and intermittent intrusion by drilling for resources
(other than those resources provided by the waste in the disposal system
or engineered barriers designed to isolate such waste) is the most
severe human intrusion scenario.
(2) In performance assessments, drilling events shall be assumed to
occur in the Delaware Basin at random intervals in time and space during
the regulatory time frame.
(3) The frequency of deep drilling shall be calculated in the
following manner:
(i) Identify deep drilling that has occurred for each resource in
the Delaware Basin over the past 100 years prior to the time at which a
compliance application is prepared.
(ii) The total rate of deep drilling shall be the sum of the rates
of deep drilling for each resource.
(4) The frequency of shallow drilling shall be calculated in the
following manner:
(i) Identify shallow drilling that has occurred for each resource in
the Delaware Basin over the past 100 years prior to the time at which a
compliance application is prepared.
(ii) The total rate of shallow drilling shall be the sum of the
rates of shallow drilling for each resource.
(iii) In considering the historical rate of all shallow drilling,
the Department may, if justified, consider only the historical rate of
shallow drilling for resources of similar type and quality to those in
the controlled area.
(c) Performance assessments shall document that in analyzing the
consequences of drilling events, the Department assumed that:
(1) Future drilling practices and technology will remain consistent
with practices in the Delaware Basin at the time a compliance
application is prepared. Such future drilling practices shall include,
but shall not be limited to: The types and amounts of drilling fluids;
borehole depths, diameters, and seals; and the fraction of such
boreholes that are sealed by humans; and
(2) Natural processes will degrade or otherwise affect the
capability of boreholes to transmit fluids over the regulatory time
frame.
(d) With respect to future drilling events, performance assessments
need not analyze the effects of techniques used for resource recovery
subsequent to the drilling of the borehole.
Sec. 194.34 Results of performance assessments.
(a) The results of performance assessments shall be assembled into
``complementary, cumulative distribution functions'' (CCDFs) that
represent the probability of exceeding various levels of cumulative
release caused by all significant processes and events.
(b) Probability distributions for uncertain disposal system
parameter values used in performance assessments shall be developed and
documented in any compliance application.
(c) Computational techniques, which draw random samples from across
the entire range of the probability distributions developed pursuant to
paragraph (b) of this section, shall be used in generating CCDFs and
shall be documented in any compliance application.
(d) The number of CCDFs generated shall be large enough such that,
at cumulative releases of 1 and 10, the maximum CCDF generated exceeds
the 99th percentile of the population of CCDFs with at least a 0.95
probability. Values of cumulative release shall be calculated according
to Note 6 of Table 1, appendix A of part 191 of this chapter.
(e) Any compliance application shall display the full range of CCDFs
generated.
(f) Any compliance application shall provide information which
demonstrates that there is at least a 95 percent level of statistical
confidence that the mean of the population of CCDFs meets the
containment requirements of Sec. 191.13 of this chapter.
Assurance Requirements
Sec. 194.41 Active institutional controls.
(a) Any compliance application shall include detailed descriptions
of proposed active institutional controls, the controls' location, and
the period of
[[Page 53]]
time the controls are proposed to remain active. Assumptions pertaining
to active institutional controls and their effectiveness in terms of
preventing or reducing radionuclide releases shall be supported by such
descriptions.
(b) Performance assessments shall not consider any contributions
from active institutional controls for more than 100 years after
disposal.
Sec. 194.42 Monitoring.
(a) The Department shall conduct an analysis of the effects of
disposal system parameters on the containment of waste in the disposal
system and shall include the results of such analysis in any compliance
application. The results of the analysis shall be used in developing
plans for pre-closure and post-closure monitoring required pursuant to
paragraphs (c) and (d) of this section. The disposal system parameters
analyzed shall include, at a minimum:
(1) Properties of backfilled material, including porosity,
permeability, and degree of compaction and reconsolidation;
(2) Stresses and extent of deformation of the surrounding roof,
walls, and floor of the waste disposal room;
(3) Initiation or displacement of major brittle deformation features
in the roof or surrounding rock;
(4) Ground water flow and other effects of human intrusion in the
vicinity of the disposal system;
(5) Brine quantity, flux, composition, and spatial distribution;
(6) Gas quantity and composition; and
(7) Temperature distribution.
(b) For all disposal system parameters analyzed pursuant to
paragraph (a) of this section, any compliance application shall document
and substantiate the decision not to monitor a particular disposal
system parameter because that parameter is considered to be
insignificant to the containment of waste in the disposal system or to
the verification of predictions about the future performance of the
disposal system.
(c) Pre-closure monitoring. To the extent practicable, pre-closure
monitoring shall be conducted of significant disposal system
parameter(s) as identified by the analysis conducted pursuant to
paragraph (a) of this section. A disposal system parameter shall be
considered significant if it affects the system's ability to contain
waste or the ability to verify predictions about the future performance
of the disposal system. Such monitoring shall begin as soon as
practicable; however, in no case shall waste be emplaced in the disposal
system prior to the implementation of pre-closure monitoring. Pre-
closure monitoring shall end at the time at which the shafts of the
disposal system are backfilled and sealed.
(d) Post-closure monitoring. The disposal system shall, to the
extent practicable, be monitored as soon as practicable after the shafts
of the disposal system are backfilled and sealed to detect substantial
and detrimental deviations from expected performance and shall end when
the Department can demonstrate to the satisfaction of the Administrator
that there are no significant concerns to be addressed by further
monitoring. Post-closure monitoring shall be complementary to monitoring
required pursuant to applicable federal hazardous waste regulations at
parts 264, 265, 268, and 270 of this chapter and shall be conducted with
techniques that do not jeopardize the containment of waste in the
disposal system.
(e) Any compliance application shall include detailed pre-closure
and post-closure monitoring plans for monitoring the performance of the
disposal system. At a minimum, such plans shall:
(1) Identify the parameters that will be monitored and how baseline
values will be determined;
(2) Indicate how each parameter will be used to evaluate any
deviations from the expected performance of the disposal system; and
(3) Discuss the length of time over which each parameter will be
monitored to detect deviations from expected performance.
Sec. 194.43 Passive institutional controls.
(a) Any compliance application shall include detailed descriptions
of the
[[Page 54]]
measures that will be employed to preserve knowledge about the location,
design, and contents of the disposal system. Such measures shall
include:
(1) Identification of the controlled area by markers that have been
designed and will be fabricated and emplaced to be as permanent as
practicable;
(2) Placement of records in the archives and land record systems of
local, State, and Federal governments, and international archives, that
would likely be consulted by individuals in search of unexploited
resources. Such records shall identify:
(i) The location of the controlled area and the disposal system;
(ii) The design of the disposal system;
(iii) The nature and hazard of the waste;
(iv) Geologic, geochemical, hydrologic, and other site data
pertinent to the containment of waste in the disposal system, or the
location of such information; and
(v) The results of tests, experiments, and other analyses relating
to backfill of excavated areas, shaft sealing, waste interaction with
the disposal system, and other tests, experiments, or analyses pertinent
to the containment of waste in the disposal system, or the location of
such information.
(3) Other passive institutional controls practicable to indicate the
dangers of the waste and its location.
(b) Any compliance application shall include the period of time
passive institutional controls are expected to endure and be understood.
(c) The Administrator may allow the Department to assume passive
institutional control credit, in the form of reduced likelihood of human
intrusion, if the Department demonstrates in the compliance application
that such credit is justified because the passive institutional controls
are expected to endure and be understood by potential intruders for the
time period approved by the Administrator. Such credit, or a smaller
credit as determined by the Administrator, cannot be used for more than
several hundred years and may decrease over time. In no case, however,
shall passive institutional controls be assumed to eliminate the
likelihood of human intrusion entirely.
Sec. 194.44 Engineered barriers.
(a) Disposal systems shall incorporate engineered barrier(s)
designed to prevent or substantially delay the movement of water or
radionuclides toward the accessible environment.
(b) In selecting any engineered barrier(s) for the disposal system,
the Department shall evaluate the benefit and detriment of engineered
barrier alternatives, including but not limited to: Cementation,
shredding, supercompaction, incineration, vitrification, improved waste
canisters, grout and bentonite backfill, melting of metals, alternative
configurations of waste placements in the disposal system, and
alternative disposal system dimensions. The results of this evaluation
shall be included in any compliance application and shall be used to
justify the selection and rejection of each engineered barrier
evaluated.
(c)(1) In conducting the evaluation of engineered barrier
alternatives, the following shall be considered, to the extent
practicable:
(i) The ability of the engineered barrier to prevent or
substantially delay the movement of water or waste toward the accessible
environment;
(ii) The impact on worker exposure to radiation both during and
after incorporation of engineered barriers;
(iii) The increased ease or difficulty of removing the waste from
the disposal system;
(iv) The increased or reduced risk of transporting the waste to the
disposal system;
(v) The increased or reduced uncertainty in compliance assessment;
(vi) Public comments requesting specific engineered barriers;
(vii) The increased or reduced total system costs;
(viii) The impact, if any, on other waste disposal programs from the
incorporation of engineered barriers (e.g., the extent to which the
incorporation of engineered barriers affects the volume of waste);
(ix) The effects on mitigating the consequences of human intrusion.
(2) If, after consideration of one or more of the factors in
paragraph (c)(1)
[[Page 55]]
of this section, the Department concludes that an engineered barrier
considered within the scope of the evaluation should be rejected without
evaluating the remaining factors in paragraph (c)(1) of this section,
then any compliance application shall provide a justification for this
rejection explaining why the evaluation of the remaining factors would
not alter the conclusion.
(d) In considering the ability of engineered barriers to prevent or
substantially delay the movement of water or radionuclides toward the
accessible environment, the benefit and detriment of engineered barriers
for existing waste already packaged, existing waste not yet packaged,
existing waste in need of re-packaging, and to-be-generated waste shall
be considered separately and described.
(e) The evaluation described in paragraphs (b), (c) and (d) of this
section shall consider engineered barriers alone and in combination.
Sec. 194.45 Consideration of the presence of resources.
Any compliance application shall include information that
demonstrates that the favorable characteristics of the disposal system
compensate for the presence of resources in the vicinity of the disposal
system and the likelihood of the disposal system being disturbed as a
result of the presence of those resources. If performance assessments
predict that the disposal system meets the containment requirements of
Sec. 191.13 of this chapter, then the Agency will assume that the
requirements of this section and Sec. 191.14(e) of this chapter have
been fulfilled.
Sec. 194.46 Removal of waste.
Any compliance application shall include documentation which
demonstrates that removal of waste from the disposal system is feasible
for a reasonable period of time after disposal. Such documentation shall
include an analysis of the technological feasibility of mining the
sealed disposal system, given technology levels at the time a compliance
application is prepared.
Individual and Ground-water Protection Requirements
Sec. 194.51 Consideration of protected individual.
Compliance assessments that analyze compliance with Sec. 191.15 of
this chapter shall assume that an individual resides at the single
geographic point on the surface of the accessible environment where that
individual would be expected to receive the highest dose from
radionuclide releases from the disposal system.
Sec. 194.52 Consideration of exposure pathways.
In compliance assessments that analyze compliance with Sec. 191.15
of this chapter, all potential exposure pathways from the disposal
system to individuals shall be considered. Compliance assessments with
part 191, subpart C and Sec. 191.15 of this chapter shall assume that
individuals consume 2 liters per day of drinking water from any
underground source of drinking water in the accessible environment.
Sec. 194.53 Consideration of underground sources of drinking water.
In compliance assessments that analyze compliance with part 191,
subpart C of this chapter, all underground sources of drinking water in
the accessible environment that are expected to be affected by the
disposal system over the regulatory time frame shall be considered. In
determining whether underground sources of drinking water are expected
to be affected by the disposal system, underground interconnections
among bodies of surface water, ground water, and underground sources of
drinking water shall be considered.
Sec. 194.54 Scope of compliance assessments.
(a) Any compliance application shall contain compliance assessments
required pursuant to this part. Compliance assessments shall include
information which:
(1) Identifies potential processes, events, or sequences of
processes and events that may occur over the regulatory time frame;
[[Page 56]]
(2) Identifies the processes, events, or sequences of processes and
events included in compliance assessment results provided in any
compliance application; and
(3) Documents why any processes, events, or sequences of processes
and events identified pursuant to paragraph (a)(1) of this section were
not included in compliance assessment results provided in any compliance
application.
(b) Compliance assessments of undisturbed performance shall include
the effects on the disposal system of:
(1) Existing boreholes in the vicinity of the disposal system, with
attention to the pathways they provide for migration of radionuclides
from the site; and
(2) Any activities that occur in the vicinity of the disposal system
prior to or soon after disposal. Such activities shall include, but
shall not be limited to: Existing boreholes and the development of any
existing leases that can be reasonably expected to be developed in the
near future, including boreholes and leases that may be used for fluid
injection activities.
Sec. 194.55 Results of compliance assessments.
(a) Compliance assessments shall consider and document uncertainty
in the performance of the disposal system.
(b) Probability distributions for uncertain disposal system
parameter values used in compliance assessments shall be developed and
documented in any compliance application.
(c) Computational techniques which draw random samples from across
the entire range of values of each probability distribution developed
pursuant to paragraph (b) of this section shall be used to generate a
range of:
(1) Estimated committed effective doses received from all pathways
pursuant to Sec. 194.51 and Sec. 194.52;
(2) Estimated radionuclide concentrations in USDWs pursuant to Sec.
194.53; and
(3) Estimated dose equivalent received from USDWs pursuant to Sec.
194.52 and Sec. 194.53.
(d) The number of estimates generated pursuant to paragraph (c) of
this section shall be large enough such that the maximum estimates of
doses and concentrations generated exceed the 99th percentile of the
population of estimates with at least a 0.95 probability.
(e) Any compliance application shall display:
(1) The full range of estimated radiation doses; and
(2) The full range of estimated radionuclide concentrations.
(f) Any compliance application shall document that there is at least
a 95 percent level of statistical confidence that the mean and the
median of the range of estimated radiation doses and the range of
estimated radionuclide concentrations meet the requirements of Sec.
191.15 and part 191, subpart C of this chapter, respectively.
Subpart D_Public Participation
Sec. 194.61 Advance notice of proposed rulemaking for certification.
(a) Upon receipt of a compliance application submitted pursuant to
section 8(d)(1) of the WIPP LWA and Sec. 194.11, the Agency will
publish in the Federal Register an Advance Notice of Proposed Rulemaking
announcing that a compliance application has been received, soliciting
comment on such application, and announcing the Agency's intent to
conduct a rulemaking to certify whether the WIPP facility will comply
with the disposal regulations.
(b) A copy of the compliance application will be made available for
inspection in Agency dockets established pursuant to Sec. 194.67.
(c) The notice will provide a public comment period of 120 days.
(d) A public hearing concerning the notice will be held if a written
request is received by the Administrator or the Administrator's
authorized representative within 30 calendar days of the date of
publication pursuant to paragraph (a) of this section.
(e) Any comments received on the notice will be made available for
inspection in the dockets established pursuant to Sec. 194.67.
(f) Any comments received on the notice will be provided to the
Department and the Department may submit to the Agency written responses
to the comments.
[[Page 57]]
Sec. 194.62 Notice of proposed rulemaking for certification.
(a) The Administrator will publish a Notice of Proposed Rulemaking
in the Federal Register announcing the Administrator's proposed
decision, pursuant to section 8(d)(1) of the WIPP LWA, whether to issue
a certification that the WIPP facility will comply with the disposal
regulations and soliciting comment on the proposal.
(b) The notice will provide a public comment period of at least 120
days.
(c) The notice will announce public hearings in New Mexico.
(d) Any comments received on the notice will be made available for
inspection in the dockets established pursuant to Sec. 194.67.
Sec. 194.63 Final rule for certification.
(a) The Administrator will publish a Final Rule in the Federal
Register announcing the Administrator's decision, pursuant to section
8(d)(1) of the WIPP LWA, whether to issue a certification that the WIPP
facility will comply with the disposal regulations.
(b) A document summarizing significant comments and issues arising
from comments received on the Notice of Proposed Rulemaking, as well as
the Administrator's response to such significant comments and issues,
will be prepared and will be made available for inspection in the
dockets established pursuant to Sec. 194.67.
Sec. 194.64 Documentation of continued compliance.
(a) Upon receipt of documentation of continued compliance with the
disposal regulations pursuant to section 8(f) of the WIPP LWA and Sec.
194.11, the Administrator will publish a notice in the Federal Register
announcing that such documentation has been received, soliciting comment
on such documentation, and announcing the Administrator's intent to
determine whether or not the WIPP facility continues to be in compliance
with the disposal regulations.
(b) Copies of documentation of continued compliance received by the
Administrator will be made available for inspection in the dockets
established pursuant to Sec. 194.67.
(c) The notice will provide a public comment period of at least 30
days after publication pursuant to paragraph (a) of this section.
(d) Any comments received on such notice will be made available for
public inspection in the dockets established pursuant to Sec. 194.67.
(e) Upon completion of review of the documentation of continued
compliance with the disposal regulations, the Administrator will publish
a notice in the Federal Register announcing the Administrator's decision
whether or not to re-certify the WIPP facility.
Sec. 194.65 Notice of proposed rulemaking for modification or
revocation.
(a) If the Administrator determines that any changes in activities
or conditions pertaining to the disposal system depart significantly
from the most recent compliance application, the Agency will publish a
Notice of Proposed Rulemaking in the Federal Register announcing the
Administrator's proposed decision on modification or revocation, and
soliciting comment on the proposal.
(b) Any comments received on the notice will be made available for
inspection in the dockets established pursuant to Sec. 194.67.
Sec. 194.66 Final rule for modification or revocation.
(a) The Administrator will publish a Final Rule in the Federal
Register announcing the Administrator's decision on modification or
revocation.
(b) A document summarizing significant comments and issues arising
from comments received on the Notice of Proposed Rulemaking as well as
the Administrator's response to such significant comments and issues
will be prepared and will be made available for inspection in the
dockets established pursuant to Sec. 194.67.
Sec. 194.67 Dockets.
The Agency will establish and maintain dockets in the State of New
Mexico and Washington, DC. The dockets will consist of all relevant,
significant information received from outside parties and all
significant information
[[Page 58]]
considered by the Administrator in certifying whether the WIPP facility
will comply with the disposal regulations, in certifying whether or not
the WIPP facility continues to be in compliance with the disposal
regulations, and in determining whether compliance certification should
be modified, suspended or revoked.
Sec. Appendix A to Part 194--Certification of the Waste Isolation Pilot
Plant's Compliance With the 40 CFR Part 191 Disposal Regulations and the
40 CFR Part 194 Compliance Criteria
In accordance with the provisions of the WIPP Compliance Criteria of
this part, the Agency finds that the Waste Isolation Pilot Plant
(``WIPP'') will comply with the radioactive waste disposal regulations
at part 191, subparts B and C, of this chapter. Therefore, pursuant to
Section 8(d)(2) of the WIPP Land Withdrawal Act (``WIPP LWA''), as
amended, the Administrator certifies that the WIPP facility will comply
with the disposal regulations. In accordance with the Agency's authority
under Sec. 194.4(a), the certification of compliance is subject to the
following conditions:
Condition 1: Sec. 194.14(b), Disposal system design, panel closure
system. The Department shall implement the panel seal design designated
as Option D in Docket A-93-02, Item II-G-1 (October 29, 1996, Compliance
Certification Application submitted to the Agency). The Option D design
shall be implemented as described in Appendix PCS of Docket A-93-02,
Item II-G-1, with the exception that the Department shall use Salado
mass concrete (consistent with that proposed for the shaft seal system,
and as described in Appendix SEAL of Docket A-93-02, Item II-G-1)
instead of fresh water concrete.
Condition 2: Sec. 194.22: Quality Assurance. The Secretary shall
not allow any waste generator site other than the Los Alamos National
Laboratory to ship waste for disposal at the WIPP until the Agency
determines that the site has established and executed a quality
assurance program, in accordance with Sec. Sec. 194.22(a)(2)(i),
194.24(c)(3) and 194.24(c)(5) for waste characterization activities and
assumptions. The Agency will determine compliance of site-specific
quality assurance programs at waste generator sites using the process
set forth in Sec. 194.8.
Condition 3: Sec. 194.24: Waste Characterization. The Secretary may
allow shipment for disposal at the WIPP of legacy debris waste at the
Los Alamos National Laboratory (``LANL'') that can be characterized
using the systems and processes inspected by the Agency and documented
in Docket A-93-02, Item II-I-70. The Secretary shall not allow shipment
of any waste from any additional LANL waste stream(s) or from any waste
generator site other than LANL for disposal at the WIPP until the Agency
has approved the processes for characterizing those waste streams for
shipment using the process set forth in Sec. 194.8.
Condition 4: Sec. 194.43, Passive institutional controls.
(a) Not later than the final recertification application submitted
prior to closure of the disposal system, the Department shall provide,
to the Administrator or the Administrator's authorized representative:
(1) a schedule for implementing passive institutional controls that
has been revised to show that markers will be fabricated and emplaced,
and other measures will be implemented, as soon as possible following
closure of the WIPP. Such schedule should describe how testing of any
aspect of the conceptual design will be completed prior to or soon after
closure, and what changes to the design of passive institutional
controls may be expected to result from such testing.
(2) documentation showing that the granite pieces for the proposed
monuments and information rooms described in Docket A-93-02, Item II-G-
1, and supplementary information may be: quarried (cut and removed from
the ground) without cracking due to tensile stresses from handling or
isostatic rebound; engraved on the scale required by the design;
transported to the site, given the weight and dimensions of the granite
pieces and the capacity of existing rail cars and rail lines; loaded,
unloaded, and erected without cracking based on the capacity of
available equipment; and successfully joined.
(3) documentation showing that archives and record centers will
accept the documents identified and will maintain them in the manner
identified in Docket A-93-02, Item II-G-1.
(4) documentation showing that proposed recipients of WIPP
information other than archives and record centers will accept the
information and make use of it in the manner indicated by the Department
in Docket A-93-02, Item II-G-1 and supplementary information.
(b) Upon receipt of the information required under paragraph (a) of
this condition, the Agency will place such documentation in the public
dockets identified in Sec. 194.67. The Agency will determine if a
modification to the compliance certification in effect is necessary. Any
such modification will be conducted in accordance with the requirements
at Sec. Sec. 194.65 and 194.66.
[63 FR 27405, May 18, 1998]
[[Page 59]]
PART 195_RADON PROFICIENCY PROGRAMS--Table of Contents
Subpart A_General Provisions
Sec.
195.1 Purpose and applicability.
195.2 Definitions.
Subpart B_Fees
195.20 Fee payments.
195.30 Failure to remit fee.
Authority: 15 U.S.C. 2665.
Source: 59 FR 13175, Mar. 18, 1994, unless otherwise noted.
Subpart A_General Provisions
Sec. 195.1 Purpose and applicability.
(a) Purpose. The purpose of this part is to establish and collect
the fees from applicants and participants required by section 305 of the
Toxic Substances Control Act, U.S.C. 2665 to defray the cost to EPA for
operating the following programs: The National Radon Measurement
Proficiency (RMP) Program, the individual proficiency component of the
RMP Program, and the National Radon Contractor Proficiency (RCP)
Program.
(b) Applicability. This part applies to all applicants and
participants in the following EPA programs: The National Radon
Measurement Proficiency Program, the individual proficiency component of
the RMP Program, and the National Radon Contractor Proficiency Program.
Sec. 195.2 Definitions.
Definitions in 15 U.S.C. 2602 and 2662 apply to this part unless
otherwise specified in this section. In addition, the following
definitions apply:
Acceptance date means the date on which EPA enters the application
into the data system.
Accepted application refers to an application that has been entered
into the data system.
Applicant means an individual or organization that submits an
application to the RMP program, including the individual proficiency
component of the RMP program, or the RCP program. An applicant to the
RMP program must submit a separate application for each location from
which it provides radon measurement services. After the application is
accepted by EPA, the applicant becomes a ``participant'' in the
proficiency programs.
Application means the documents submitted to EPA by applicants to
the RMP and RCP programs which request participation in a program.
Device/measurement device means a unit, component, or system
designed to measure radon gas or radon decay products.
EPA means the U.S. Environmental Protection Agency.
Individual proficiency/RMP exam means the exam which evaluates
individuals who provide radon measurement services in a residential
environment.
Listed participant in an individual or organization who has met all
the requirements for listing in the RMP and RCP programs.
Measurement method is a means of measuring radon gas or radon decay
products encompassing similar measurement devices, sampling techniques,
or analysis procedures.
Organization is any individual, sole proprietorship, partnership,
business, company, corporation, college or university, government agency
(includes Federal, State and local government entities), laboratory, or
institution.
Participant is an individual or organization engaged in radon
measurement and/or mitigation activities or in offering radon
measurement and/or mitigation services to consumers and others, whose
proficiency program application EPA has accepted.
Primary measurement services (primary) refers to radon measurement
services using a specific device which services include the capability
to read and/or analyze the results generated from the device.
Radon Contractor Proficiency (RCP) program refers to EPA's program
to evaluate radon mitigation contractors and the contractor's ability to
communicate information to the public.
Radon Measurement Proficiency (RMP) program refers to EPA's program
to evaluate organizations and individuals
[[Page 60]]
offering measurement services to consumers. It provides a means for
organizations to demonstrate their proficiency in measuring radon and
its decay products in indoor air.
Radon mitigation contractor means a contractor who provides radon
mitigation services to the public.
Secondary radon measurement services (secondary) refers to radon
measurement services that do not include the reading or the ability to
analyze the results of the measurement devices used. These services may
include placement and retrieval of devices, reporting results, and/or
consultation with consumers.
Subpart B_Fees
Sec. 195.20 Fee payments.
(a) Fee Amounts. Applicants to and participants in the RMP and RCP
programs shall pay fees according to the following fee schedule:
(1) Organizations Listed for or Seeking Listing for Primary
Measurement Services in the RMP Program. (i) In order to remain a listed
participant, each organization that is listed for primary measurement
services in the RMP program on the effective date of this section shall
pay an annual fee of $390 for each device.
(ii) Each organization seeking listing for primary measurement
services that submits an initial application after the effective date of
this section shall pay an annual fee of $390 per device. This fee will
be prorated quarterly, based on the acceptance date of an organization's
application.
(iii) Organizations that have or are seeking a listing for secondary
measurement services for their primary devices will not be required to
pay the additional $50 fee applicable to secondary organizations.
(2) Organizations Listed for or Seeking Listing for Secondary
Measurement Services in the RMP Program. (i) In order to remain a listed
participant, each organization that is listed for secondary measurement
services in the RMP program on the effective date of this section shall
pay an annual fee of $50 for each business location listed.
(ii) Each organization seeking listing for secondary measurement
services that submits an initial application after the effective date of
this section shall pay an annual fee of $50 for each business location
listed. This fee will be prorated quarterly, based on the acceptance
date of an organization's application.
(iii) Primary organizations that have or are seeking secondary
listings for methods other than those for which they are listed as a
primary, are subject to the fees.
(3) Individual Proficiency Component of the RMP Program. (i) In
order to remain a listed participant, each individual listed in the RMP
individual proficiency program on the effective date of this section
shall pay an annual fee of $105.
(ii) Each individual who submits an initial application after the
effective date of this section shall pay an annual fee of $105. This fee
will be prorated quarterly, based on the acceptance date of an
individual's application.
(iii) Individuals who have or are seeking listing status as an RMP
primary or secondary organization are subject to the applicable fees
under paragraphs (a)(1) and (2) of this section.
(4) RCP Program. (i)(A) In order to remain a listed participant,
each individual listed in the RCP program on the effective date of this
section shall pay an annual fee of $210.
(B) Each individual who is not a listed participant in the RCP
program on the effective date of this section and submits an initial
application after the effective date of this section shall pay an annual
fee of $210. This fee will be prorated quarterly, based on the
acceptance date of an individual's application.
(ii) An organization or individual who is not a listed participant
in EPA's radon proficiency programs on the effective date of this
section and/or whose proficiency program application has not yet been
accepted by EPA becomes subject to the fees described above once its
application has been accepted by EPA. Fees for such organizations or
individuals will be prorated quarterly, based on the acceptance date of
the application. To remain listed, each participant in the RMP or RCP
programs, whether individual or
[[Page 61]]
organization, shall submit the appropriate annual fee to EPA each year.
(b) Exemptions. State and local governments are exempted from these
fees under section 305(e)(2) of TSCA, 15 U.S.C. 2665.
(c) Determination of Fees. (1) Participants listed in the RMP and
RCP programs on the effective date of this section will be sent, by EPA,
a payment invoice with its fee calculation at least 30 days before the
payment is due. Fees will be assessed based on the current information
in EPA's proficiency data bases. Participants who intend to pay the
invoiced fee amount must send their payment to EPA following the
procedures in the invoice. Organizations or individuals who wish to
notify EPA of any errors or corrections they wish to make to their
listing status must do so by following the instructions on the payment
invoice. Corrected payment invoices for both the RMP Program and the RCP
Program shall be sent to: Radon Proficiency Programs User Fees, c/o
Sanford Cohen and Associates, Inc. (SC&A), 1418 I-85 Parkway,
Montgomery, Alabama, 36106. EPA will review the corrections noted on the
payment invoice, adjust the payment invoice amount (as appropriate) and
issue a new invoice. Participants must pay the amount in the corrected
payment invoice within 30 days of the date listed on the corrected
invoice.
(2) If the appropriate fee or a revised payment invoice for an
individual or organization participating in the RMP or RCP program has
not been received by EPA on or before the payment due date, EPA will
send, by certified mail, notice that the individual or organization will
be delisted from the proficiency program unless he/she pays the fee
within 30 days of this second certified notification. If payment still
has not been received by EPA after 30 days of the second certified
notification, the organization's or individual's listing shall be
removed from the proficiency program.
(3) New or initial applicants to the RMP or RCP programs will be
assessed a fee at the time of their initial application. EPA will send a
payment invoice to the new applicant upon acceptance of the initial
application. The applicant will be given at least 30 days from the date
on the payment invoice to remit payment. The fee assessed will be
prorated quarterly, based on the acceptance date of the application. If
the appropriate fee has not been received by EPA by the payment due
date, the application will be placed in an inactive file with no further
action taken by EPA.
(d) Payment Procedures. Each remittance to EPA under this section
shall be in United States currency and shall be paid by certified check,
personal or business check, or money order made payable to the order of
the ``U.S. ENVIRONMENTAL PROTECTION AGENCY'' and sent to: U.S. EPA,
Washington Financial Management Center, Radon Proficiency Program User
Fees (IRAA), P.O. Box 952491, St. Louis, Missouri, 63195-2491. The fee
payment shall include the original copy of the EPA payment invoice.
Collection of fees will begin in the calendar year beginning January 1,
1995. Specific guidance on how and when fees must be paid can be found
in How to Pay Your Radon Proficiency Programs User Fees, U.S. EPA/Office
of Radiation and Indoor Air. Copies of this document can be obtained by
contacting the RIS at (334) 272-2797 or by FAX at (334) 260-9051.
(e) Adjustment of Fees. (1) EPA shall collect 100 percent of its
operating costs associated with its radon proficiency programs by
calendar year 1998. As necessary, EPA shall adjust the fees established
by this subpart each year over the next four years to collect the
following percentages of program costs:
------------------------------------------------------------------------
Year 1 Year 2 Year 3 Year 4 Year 5
------------------------------------------------------------------------
30% 47.5% 65% 82.5% 100%
------------------------------------------------------------------------
Actual fees for each fiscal year will be calculated based on program
costs and participation rates. New fee schedules will be published in
the Federal Register as a technical amendment final rule to this part to
become effective 30 days or more after publication.
(2) EPA will use a three-step process to adjust the fees annually.
First, EPA will estimate the costs of providing each of the proficiency
programs for the upcoming year. EPA will account for future additional
fixed costs (e.g.,
[[Page 62]]
updating examinations) and increases/decreases in variable costs due to
inflation and other factors. In order to calculate increases/decreases
in costs due to inflation, EPA may use one of the three following
indices: the Federal General Schedule (GS) pay scale, the Consumer Price
Index (CPI), and/or a component of the CPI, such as services. Second,
EPA will estimate the number of participants for each program. At a
minimum, these participation rates will be based on past and current
program participation rates. Third, EPA shall calculate the per capita
costs that individuals and organizations should pay to enable it to
recover its fixed and variable costs each year for each program. EPA
shall also consider potential industry impacts as it adjusts to levels
to ultimately achieve full cost recovery over the period of five years.
[60 FR 41816, Aug. 14, 1995]
Sec. 195.30 Failure to remit fee.
EPA will not process an application or continue a participant's
listing in the National Radon Measurement Proficiency program,
individual proficiency component of the RMP program, or the National
Radon Contractor Proficiency program until the appropriate remittance
provided in Sec. 195.20(a) has been received by EPA. Failure by a
currently EPA-listed organization or individual to remit the required
fees in a timely manner will result in the loss of that organization's
or individual's listing status as specified in Sec. 195.20(c).
PART 197_PUBLIC HEALTH AND ENVIRONMENTAL RADIATION PROTECTION STANDARDS
FOR YUCCA MOUNTAIN, NEVADA--Table of Contents
Subpart A_Public Health and Environmental Standards for Storage
Sec.
197.1 What does subpart A cover?
197.2 What definitions apply in subpart A?
197.3 How is subpart A implemented?
197.4 What standard must DOE meet?
197.5 When will this part take effect?
Subpart B_Public Health and Environmental Standards for Disposal
197.11 What does subpart B cover?
197.12 What definitions apply in subpart B?
197.13 How is subpart B implemented?
197.14 What is a reasonable expectation?
197.15 How must DOE take into account the changes that will occur during
the period of geologic stability?
Individual-Protection Standard
197.20 What standard must DOE meet?
197.21 Who is the reasonably maximally exposed individual?
Human-Intrusion Standard
197.25 What standard must DOE meet?
197.26 What are the circumstances of the human intrusion?
Ground Water Protection Standards
197.30 What standards must DOE meet?
197.31 What is a representative volume?
Additional Provisions
197.35 [Reserved]
197.36 Are there limits on what DOE must consider in the performance
assessments?
197.37 Can EPA amend this rule?
197.38 Are the Individual Protection and Ground Water Protection
Standards Severable?
Appendix A to Part 197--Calculation of Annual Committed Effective Dose
Equivalent
Authority: Sec. 801, Pub. L. 102-486, 106 Stat. 2921, 42 U.S.C.
10141 n.
Source: 66 FR 32132, June 13, 2001, unless otherwise noted.
Subpart A_Public Health and Environmental Standards for Storage
Sec. 197.1 What does subpart A cover?
This subpart covers the storage of radioactive material by DOE in
the Yucca Mountain repository and on the Yucca Mountain site.
Sec. 197.2 What definitions apply in subpart A?
Annual committed effective dose equivalent means the effective dose
equivalent received by an individual in one year from radiation sources
external to the individual plus the committed effective dose equivalent.
[[Page 63]]
Committed effective dose equivalent means the effective dose
equivalent received over a period of time (e.g., 30 years,), as
determined by NRC, by an individual from radionuclides internal to the
individual following a one-year intake of those radionuclides.
DOE means the Department of Energy.
Effective dose equivalent means the sum of the products of the dose
equivalent received by specified tissues following an exposure of, or an
intake of radionuclides into, specified tissues of the body, multiplied
by appropriate weighting factors. Annual committed effective dose
equivalents shall be calculated using weighting factors in appendix A of
this part, unless otherwise directed by NRC in accordance with the
introduction to appendix A of this part.
EPA means the Environmental Protection Agency.
General environment means everywhere outside the Yucca Mountain
site, the Nellis Air Force Range, and the Nevada Test Site.
High-level radioactive waste means:
(1) The highly radioactive material resulting from the reprocessing
of spent nuclear fuel, including liquid waste produced directly in
reprocessing and any solid material derived from such liquid waste that
contains fission products in sufficient concentrations; and
(2) Other highly radioactive material that the Commission,
consistent with existing law, determines by rule requires permanent
isolation.
Member of the public means anyone who is not a radiation worker for
purposes of worker protection.
NRC means the Nuclear Regulatory Commission.
Radioactive material means matter composed of or containing
radionuclides subject to the Atomic Energy Act of 1954, as amended (42
U.S.C. 2014 et seq.). Radioactive material includes, but is not limited
to, high-level radioactive waste and spent nuclear fuel.
Spent nuclear fuel means fuel that has been withdrawn from a nuclear
reactor following irradiation, the constituent elements of which have
not been separated by reprocessing.
Storage means retention (and any associated activity, operation, or
process necessary to carry out successful retention) of radioactive
material with the intent or capability to readily access or retrieve
such material.
Yucca Mountain repository means the excavated portion of the
facility constructed underground within the Yucca Mountain site.
Yucca Mountain site means:
(1) The site recommended by the Secretary of DOE to the President
under section 112(b)(1)(B) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10132(b)(1)(B)) on May 27, 1986; or
(2) The area under the control of DOE for the use of Yucca Mountain
activities at the time of licensing, if the site designated under the
Nuclear Waste Policy Act is amended by Congress prior to the time of
licensing.
[66 FR 32132, June 13, 2001, as amended at 73 FR 61287, Oct. 15, 2008]
Sec. 197.3 How is subpart A implemented?
The NRC implements this subpart A. The DOE must demonstrate to NRC
that normal operations at the Yucca Mountain site will and do occur in
compliance with this subpart before NRC may grant or continue a license
for DOE to receive and possess radioactive material within the Yucca
Mountain site.
Sec. 197.4 What standard must DOE meet?
The DOE must ensure that no member of the public in the general
environment receives more than an annual committed effective dose
equivalent of 150 microsieverts (15 millirems) from the combination of:
(a) Management and storage (as defined in 40 CFR 191.2) of
radioactive material that:
(1) Is subject to 40 CFR 191.3(a); and
(2) Occurs outside of the Yucca Mountain repository but within the
Yucca Mountain site; and
(b) Storage (as defined in Sec. 197.2) of radioactive material
inside the Yucca Mountain repository.
Sec. 197.5 When will this part take effect?
The standards in this part take effect on July 13, 2001.
[[Page 64]]
Subpart B_Public Health and Environmental Standards for Disposal
Sec. 197.11 What does subpart B cover?
This subpart covers the disposal of radioactive material in the
Yucca Mountain repository by DOE.
Sec. 197.12 What definitions apply in subpart B?
All definitions in subpart A of this part and the following:
Accessible environment means any point outside of the controlled
area, including:
(1) The atmosphere (including the atmosphere above the surface area
of the controlled area);
(2) Land surfaces;
(3) Surface waters;
(4) Oceans; and
(5) The lithosphere.
Aquifer means a water-bearing underground geological formation,
group of formations, or part of a formation (excluding perched water
bodies) that can yield a significant amount of ground water to a well or
spring.
Barrier means any material, structure, or feature that, for a period
to be determined by NRC, prevents or substantially reduces the rate of
movement of water or radionuclides from the Yucca Mountain repository to
the accessible environment, or prevents the release or substantially
reduces the release rate of radionuclides from the waste. For example, a
barrier may be a geologic feature, an engineered structure, a canister,
a waste form with physical and chemical characteristics that
significantly decrease the mobility of radionuclides, or a material
placed over and around the waste, provided that the material
substantially delays movement of water or radionuclides.
Controlled area means:
(1) The surface area, identified by passive institutional controls,
that encompasses no more than 300 square kilometers. It must not extend
farther:
(a) South than 364013.6661" north latitude, in the predominant
direction of ground water flow; and
(b) Than five kilometers from the repository footprint in any other
direction; and
(2) The subsurface underlying the surface area.
Disposal means the emplacement of radioactive material into the
Yucca Mountain disposal system with the intent of isolating it for as
long as reasonably possible and with no intent of recovery, whether or
not the design of the disposal system permits the ready recovery of the
material. Disposal of radioactive material in the Yucca Mountain
disposal system begins when all of the ramps and other openings into the
Yucca Mountain repository are sealed.
Ground water means water that is below the land surface and in a
saturated zone.
Human intrusion means breaching of any portion of the Yucca Mountain
disposal system, within the repository footprint, by any human activity.
Passive institutional controls means:
(1) Markers, as permanent as practicable, placed on the Earth's
surface;
(2) Public records and archives;
(3) Government ownership and regulations regarding land or resource
use; and
(4) Other reasonable methods of preserving knowledge about the
location, design, and contents of the Yucca Mountain disposal system.
Peak dose means the highest annual committed effective dose
equivalent projected to be received by the reasonably maximally exposed
individual.
Performance assessment means an analysis that:
(1) Identifies the features, events, processes, (except human
intrusion), and sequences of events and processes (except human
intrusion) that might affect the Yucca Mountain disposal system and
their probabilities of occurring;
(2) Examines the effects of those features, events, processes, and
sequences of events and processes upon the performance of the Yucca
Mountain disposal system; and
(3) Estimates the annual committed effective dose equivalent
incurred by the reasonably maximally exposed individual, including the
associated uncertainties, as a result of releases caused by all
significant features, events, processes, and sequences of
[[Page 65]]
events and processes, weighted by their probability of occurrence.
Period of geologic stability means the time during which the
variability of geologic characteristics and their future behavior in and
around the Yucca Mountain site can be bounded, that is, they can be
projected within a reasonable range of possibilities. This period is
defined to end at 1 million years after disposal.
Plume of contamination means that volume of ground water in the
predominant direction of ground water flow that contains radioactive
contamination from releases from the Yucca Mountain repository. It does
not include releases from any other potential sources on or near the
Nevada Test Site.
Repository footprint means the outline of the outermost locations of
where the waste is emplaced in the Yucca Mountain repository.
Slice of the plume means a cross-section of the plume of
contamination with sufficient thickness parallel to the prevalent
direction of flow of the plume that it contains the representative
volume.
Total dissolved solids means the total dissolved (filterable) solids
in water as determined by use of the method specified in 40 CFR part
136.
Undisturbed performance means that human intrusion or the occurrence
of unlikely natural features, events, and processes do not disturb the
disposal system.
Undisturbed Yucca Mountain disposal system means that the Yucca
Mountain disposal system is not affected by human intrusion.
Waste means any radioactive material emplaced for disposal into the
Yucca Mountain repository.
Well-capture zone means the volume from which a well pumping at a
defined rate is withdrawing water from an aquifer. The dimensions of the
well-capture zone are determined by the pumping rate in combination with
aquifer characteristics assumed for calculations, such as hydraulic
conductivity, gradient, and the screened interval.
Yucca Mountain disposal system means the combination of underground
engineered and natural barriers within the controlled area that prevents
or substantially reduces releases from the waste.
[66 FR 32132, June 13, 2001, as amended at 73 FR 61287, Oct. 15, 2008]
Sec. 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]
[73 FR 61287, Oct. 15, 2008]
Sec. 197.14 What is a reasonable expectation?
Reasonable expectation means that NRC is satisfied that compliance
will be achieved based upon the full record before it. Characteristics
of reasonable expectation include that it:
(a) Requires less than absolute proof because absolute proof is
impossible to attain for disposal due to the uncertainty of projecting
long-term performance;
(b) Accounts for the inherently greater uncertainties in making
long-term projections of the performance of the Yucca Mountain disposal
system;
(c) Does not exclude important parameters from assessments and
analyses simply because they are difficult to precisely quantify to a
high degree of confidence; and
(d) Focuses performance assessments and analyses upon the full range
of defensible and reasonable parameter distributions rather than only
upon extreme physical situations and parameter values.
[[Page 66]]
Sec. 197.15 How must DOE take into account the changes that will occur
during the period of geologic stability?
The DOE should not project changes in society, the biosphere (other
than climate), human biology, or increases or decreases of human
knowledge or technology. In all analyses done to demonstrate compliance
with this part, DOE must assume that all of those factors remain
constant as they are at the time of license application submission to
NRC. However, DOE must vary factors related to the geology, hydrology,
and climate based upon cautious, but reasonable assumptions of the
changes in these factors that could affect the Yucca Mountain disposal
system during the period of geologic stability, consistent with the
requirements for performance assessments specified at Sec. 197.36.
[73 FR 61287, Oct. 15, 2008]
Individual-Protection Standard
Sec. 197.20 What standard must DOE meet?
(a) The DOE must demonstrate, using performance assessment, that
there is a reasonable expectation that the reasonably maximally exposed
individual receives no more than the following annual committed
effective dose equivalent from releases from the undisturbed Yucca
Mountain disposal system:
(1) 150 microsieverts (15 millirems) for 10,000 years following
disposal; and
(2) 1 millisievert (100 millirems) after 10,000 years, but within
the period of geologic stability.
(b) The DOE's performance assessment must include all potential
pathways of radionuclide transport and exposure.
[73 FR 61287, Oct. 15, 2008]
Sec. 197.21 Who is the reasonably maximally exposed individual?
The reasonably maximally exposed individual is a hypothetical person
who meets the following criteria:
(a) Lives in the accessible environment above the highest
concentration of radionuclides in the plume of contamination;
(b) Has a diet and living style representative of the people who now
reside in the Town of Amargosa Valley, Nevada. The DOE must use
projections based upon surveys of the people residing in the Town of
Amargosa Valley, Nevada, to determine their current diets and living
styles and use the mean values of these factors in the assessments
conducted for Sec. Sec. 197.20 and 197.25; and
(c) Drinks 2 liters of water per day from wells drilled into the
ground water at the location specified in paragraph (a) of this section.
Human-Intrusion Standard
Sec. 197.25 What standard must DOE meet?
(a) The DOE must determine the earliest time after disposal that the
waste package would degrade sufficiently that a human intrusion (see
Sec. 197.26) could occur without recognition by the drillers.
(b) The DOE must demonstrate that there is a reasonable expectation
that the reasonably maximally exposed individual will receive an annual
committed effective dose equivalent, as a result of the human intrusion,
of no more than:
(1) 150 microsieverts (15 millirems) for 10,000 years following
disposal; and
(2) 1 millisievert (100 millirems) after 10,000 years, but within
the period of geologic stability.
(c) The analysis must include all potential environmental pathways
of radionuclide transport and exposure.
[73 FR 61288, Oct. 15, 2008]
Sec. 197.26 What are the circumstances of the human intrusion?
For the purposes of the analysis of human intrusion, DOE must make
the following assumptions:
(a) There is a single human intrusion as a result of exploratory
drilling for ground water;
(b) The intruders drill a borehole directly through a degraded waste
package into the uppermost aquifer underlying the Yucca Mountain
repository;
(c) The drillers use the common techniques and practices that are
currently employed in exploratory drilling for
[[Page 67]]
ground water in the region surrounding Yucca Mountain;
(d) Careful sealing of the borehole does not occur, instead natural
degradation processes gradually modify the borehole;
(e) Only releases of radionuclides that occur as a result of the
intrusion and that are transported through the resulting borehole to the
saturated zone are projected; and
(f) No releases are included which are caused by unlikely natural
processes and events.
Ground Water Protection Standards
Sec. 197.30 What standards must DOE meet?
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 Is natural
radiation emitted Limit background included?
------------------------------------------------------------------------
Combined radium-226 and 5 picocuries per Yes.
radium-228. liter.
Gross alpha activity 15 picocuries per Yes.
(including radium-226 but liter.
excluding radon and
uranium).
Combined beta and photon 40 microsieverts (4 No.
emitting radionuclides. millirem) per year
to the whole body
or any organ, based
on drinking 2
liters of water per
day from the
representative
volume.
------------------------------------------------------------------------
Sec. 197.31 What is a representative volume?
(a) It is the volume of ground water that would be withdrawn
annually from an aquifer containing less than 10,000 milligrams of total
dissolved solids per liter of water to supply a given water demand. The
DOE must project the concentration of radionuclides released from the
Yucca Mountain disposal system that will be in the representative
volume. The DOE must then use the projected concentrations to
demonstrate a reasonable expectation to NRC that the Yucca Mountain
disposal system complies with Sec. 197.30. The DOE must make the
following assumptions concerning the representative volume:
(1) It includes the highest concentration level in the plume of
contamination in the accessible environment;
(2) Its position and dimensions in the aquifer are determined using
average hydrologic characteristics which have cautious, but reasonable,
values representative of the aquifers along the radionuclide migration
path from the Yucca Mountain repository to the accessible environment as
determined by site characterization; and
(3) It contains 3,000 acre-feet of water (about 3,714,450,000 liters
or 977,486,000 gallons).
(b) The DOE must use one of two alternative methods for determining
the dimensions of the representative volume. The DOE must propose its
chosen method, and any underlying assumptions, to NRC for approval.
(1) The DOE may calculate the dimensions as a well-capture zone. If
DOE uses this approach, it must assume that the:
(i) Water supply well(s) has (have) characteristics consistent with
public water supply wells in the Town of Amargosa Valley, Nevada, for
example, well-bore size and length of the screened intervals;
(ii) Screened interval(s) include(s) the highest concentration in
the plume of contamination in the accessible environment; and
(iii) Pumping rates and the placement of the well(s) must be set to
produce an annual withdrawal equal to the representative volume and to
tap the highest concentration within the plume of contamination.
(2) The DOE may calculate the dimensions as a slice of the plume. If
DOE uses this approach, it must:
[[Page 68]]
(i) Propose to NRC, for its approval, where the location of the edge
of the plume of contamination occurs. For example, the place where the
concentration of radionuclides reaches 0.1% of the level of the highest
concentration in the accessible environment;
(ii) Assume that the slice of the plume is perpendicular to the
prevalent direction of flow of the aquifer; and
(iii) Assume that the volume of ground water contained within the
slice of the plume equals the representative volume.
Additional Provisions
Sec. 197.35 [Reserved]
Sec. 197.36 Are there limits on what DOE must consider in the
performance assessments?
(a) Yes, there are limits on what DOE must consider in the
performance assessments.
(1) The DOE's performance assessments conducted to show compliance
with Sec. Sec. 197.20(a)(1), 197.25(b)(1), and 197.30 shall not include
consideration of very unlikely features, events, or processes, i.e.,
those that are estimated to have less than one chance in 100,000,000 per
year of occurring. Features, events, and processes with a higher chance
of occurring shall be considered for use in performance assessments
conducted to show compliance with Sec. Sec. 197.20(a)(1), 197.25(b)(1),
and 197.30, except as stipulated in paragraph (b) of this section. In
addition, unless otherwise specified in these standards or NRC
regulations, DOE's performance assessments need not evaluate the impacts
resulting from features, events, and processes or sequences of events
and processes with a higher chance of occurring if the results of the
performance assessments would not be changed significantly in the
initial 10,000-year period after disposal.
(2) The same features, events, and processes identified in paragraph
(a)(1) of this section shall be used in performance assessments
conducted to show compliance with Sec. Sec. 197.20(a)(2) and
197.25(b)(2), with additional considerations as stipulated in paragraph
(c) of this section.
(b) For performance assessments conducted to show compliance with
Sec. Sec. 197.25(b) and 197.30, DOE's performance assessments shall
exclude unlikely features, events, or processes, or sequences of events
and processes. The DOE should use the specific probability of the
unlikely features, events, and processes as specified by NRC.
(c) For performance assessments conducted to show compliance with
Sec. Sec. 197.20(a)(2) and 197.25(b)(2), DOE's performance assessments
shall project the continued effects of the features, events, and
processes included in paragraph (a) of this section beyond the 10,000-
year post-disposal period through the period of geologic stability. The
DOE must evaluate all of the features, events, or processes included in
paragraph (a) of this section, and also:
(1) The DOE must assess the effects of seismic and igneous
scenarios, subject to the probability limits in paragraph (a) of this
section for very unlikely features, events, and processes. Performance
assessments conducted to show compliance with Sec. 197.25(b)(2) are
also subject to the probability limits for unlikely features, events,
and processes as specified by NRC.
(i) The seismic analysis may be limited to the effects caused by
damage to the drifts in the repository, failure of the waste packages,
and changes in the elevation of the water table under Yucca Mountain.
NRC may determine the magnitude of the water table rise and its
significance on the results of the performance assessment, or NRC may
require DOE to demonstrate the magnitude of the water table rise and its
significance in the license application. If NRC determines that the
increased elevation of the water table does not significantly affect the
results of the performance assessment, NRC may choose to not require its
consideration in the performance assessment.
(ii) The igneous analysis may be limited to the effects of a
volcanic event directly intersecting the repository. The igneous event
may be limited to that causing damage to the waste packages directly,
causing releases of radionuclides to the biosphere, atmosphere, or
ground water.
(2) The DOE must assess the effects of climate change. The climate
change analysis may be limited to the effects
[[Page 69]]
of increased water flow through the repository as a result of climate
change, and the resulting transport and release of radionuclides to the
accessible environment. The nature and degree of climate change may be
represented by constant climate conditions. The analysis may commence at
10,000 years after disposal and shall extend through the period of
geologic stability. The NRC shall specify in regulation the values to be
used to represent climate change, such as temperature, precipitation, or
infiltration rate of water.
(3) The DOE must assess the effects of general corrosion on
engineered barriers. The DOE may use a constant representative corrosion
rate throughout the period of geologic stability or a distribution of
corrosion rates correlated to other repository parameters.
[73 FR 61288, Oct. 15, 2008]
Sec. 197.37 Can EPA amend this rule?
Yes. We can amend this rule by conducting another notice-and-comment
rulemaking. Such a rulemaking must include a public comment period.
Also, we may hold one or more public hearings, if we receive a written
request to do so.
Sec. 197.38 Are the Individual Protection and Ground Water Protection
Standards Severable?
Yes. The individual protection and ground water protection standards
are severable.
Sec. Appendix A to Part 197--Calculation of Annual Committed Effective
Dose Equivalent
Unless otherwise directed by NRC, DOE shall use the radiation
weighting factors and tissue weighting factors in this Appendix to
calculate the internal component of the annual committed effective dose
equivalent for compliance with Sec. Sec. 197.20 and 197.25 of this
part. NRC may allow DOE to use updated factors issued after the
effective date of this regulation. Any such factors shall have been
issued by consensus scientific organizations and incorporated by EPA
into Federal radiation guidance in order to be considered generally
accepted and eligible for this use. Further, they must be compatible
with the effective dose equivalent dose calculation methodology
established in ICRP 26 and 30, and continued in ICRP 60 and 72, and
incorporated in this appendix.
I. Equivalent Dose
The calculation of the committed effective dose equivalent (CEDE)
begins with the determination of the equivalent dose, HT, to
a tissue or organ, T, listed in Table A.2 below by using the equation:
[GRAPHIC] [TIFF OMITTED] TR15OC08.000
where DT,R is the absorbed dose in rads (one gray, an SI
unit, equals 100 rads) averaged over the tissue or organ, T, due to
radiation type, R, and wR is the radiation weighting factor
which is given in Table A.1 below. The unit of equivalent dose is the
rem (sievert, in SI units).
Table A.1--Radiation weighting factors, wR\1\
------------------------------------------------------------------------
Radiation type and energy range \2\ wR value
------------------------------------------------------------------------
Photons, all energies...................................... 1
Electrons and muons, all energies.......................... 1
Neutrons, energy
<10 keV................................................ 5
10 keV to 100 keV...................................... 10
100 keV to 2 MeV............................ 20
2 MeV to 20 MeV............................. 10
20 MeV...................................... 5
Protons, other than recoil protons, 2 MeV....... 5
Alpha particles, fission fragments, heavy nuclei........... 20
------------------------------------------------------------------------
\1\ All values relate to the radiation incident on the body or, for
internal sources, emitted from the source.
\2\ See paragraph A14 in ICRP Publication 60 for the choice of values
for other radiation types and energies not in the table.
II. Effective Dose Equivalent
The next step is the calculation of the effective dose equivalent,
E. The probability of occurrence of a stochastic effect in a tissue or
organ is assumed to be proportional to the equivalent dose in the tissue
or organ. The constant of proportionality differs for the various
tissues of the body, but in assessing health detriment the total risk is
required. This is taken into account using the tissue weighting factors,
wT in Table A.2, which represent the proportion of the
stochastic risk resulting from irradiation of the tissue or organ to the
total risk when the whole body is irradiated uniformly and HT
is the equivalent dose in the tissue or organ, T, in the equation:
[GRAPHIC] [TIFF OMITTED] TR15OC08.001
Table A.2--Tissue weighting factors, wT
------------------------------------------------------------------------
Tissue or organ wT value
------------------------------------------------------------------------
Gonads..................................................... 0.20
Bone marrow (red).......................................... 0.12
Colon...................................................... 0.12
Lung....................................................... 0.12
Stomach.................................................... 0.12
[[Page 70]]
Bladder.................................................... 0.05
Breast..................................................... 0.05
Liver...................................................... 0.05
Esophagus.................................................. 0.05
Thyroid.................................................... 0.05
Skin....................................................... 0.01
Bone surface............................................... 0.01
Remainder.................................................. \a b\ 0.05
------------------------------------------------------------------------
\a\ Remainder is composed of the following tissues: adrenals, brain,
extrathoracic airways, small intestine, kidneys, muscle, pancreas,
spleen, thymus, and uterus.
\b\ The value 0.05 is applied to the mass-weighted average dose to the
Remainder tissues group, except when the following ``splitting rule''
applies: If a tissue of Remainder receives a dose in excess of that
received by any of the 12 tissues for which weighting factors are
specified, a weighting factor of 0.025 (half of Remainder) is applied
to that tissue or organ and 0.025 to the mass-averaged committed
equivalent dose equivalent in the rest of the Remainder tissues.
III. Annual Committed Tissue or Organ Equivalent Dose
For internal irradiation from incorporated radionuclides, the total
absorbed dose will be spread out in time, being gradually delivered as
the radionuclide decays. The time distribution of the absorbed dose rate
will vary with the radionuclide, its form, the mode of intake and the
tissue within which it is incorporated. To take account of this
distribution the quantity committed equivalent dose,
HT([tau]) where [tau] is the integration time in years
following an intake over any particular year, is used and is the
integral over time of the equivalent dose rate in a particular tissue or
organ that will be received by an individual following an intake of
radioactive material into the body:
[GRAPHIC] [TIFF OMITTED] TR15OC08.002
for a single intake of activity at time t0 where
HT([tau]) is the relevant equivalent-dose rate in a tissue or
organ at time t. For the purposes of this rule, the previously mentioned
single intake may be considered to be an annual intake.
IV. Internal Component of the Annual Committed Effective Dose Equivalent
If the annual committed equivalent doses to the individual tissues
or organs resulting from an annual intake are multiplied by the
appropriate weighting factors, wT, from table A.2, and then
summed, the result will be the internal component of the annual
committed effective dose equivalent E([tau]):
[GRAPHIC] [TIFF OMITTED] TR15OC08.003
[73 FR 61288, Oct. 15, 2008]
SUBCHAPTER G_NOISE ABATEMENT PROGRAMS
[[Page 71]]
PART 201_NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT;
INTERSTATE RAIL CARRIERS--Table of Contents
Subpart A_General Provisions
Sec.
201.1 Definitions.
Appendix A to Subpart A of Part 201--Switcher Locomotives
Subpart B_Interstate Rail Carrier Operations Standards
201.10 Applicability.
201.11 Standard for locomotive operation under stationary conditions.
201.12 Standard for locomotive operation under moving conditions.
201.13 Standard for rail car operations.
201.14 Standard for retarders.
201.15 Standard for car coupling operations.
201.16 Standard for locomotive load cell test stands.
Subpart C_Measurement Criteria
201.20 Applicability and purpose.
201.21 Quantities measured.
201.22 Measurement instrumentation.
201.23 Test site, weather conditions and background noise criteria for
measurement at a 30 meter (100 feet) distance of the noise
from locomotive and rail car operations and locomotive load
cell test stands.
201.24 Procedures for measurement at a 30 meter (100 feet) distance of
the noise from locomotive and rail car operations and
locomotive load cell test stands.
201.25 Measurement location and weather conditions for measurement on
receiving property of the noise of retarders, car coupling,
locomotive load cell test stands, and stationary locomotives.
201.26 Procedures for the measurement on receiving property of retarder
and car coupling noise.
201.27 Procedures for: (1) Determining applicability of the locomotive
load cell test stand standard and switcher locomotive standard
by noise measurement on a receiving property; (2) measurement
of locomotive load cell test stands more than 120 meters (400
feet) on a receiving property.
201.28 Testing by railroad to determine probable compliance with the
standard.
Authority: Noise Control Act of 1972, sec. 17(a), 86 Stat. 1234 (42
U.S.C. 4916(a)).
Source: 45 FR 1263, Jan. 4, 1980, unless otherwise noted.
Subpart A_General Provisions
Sec. 201.1 Definitions.
As used in this part, all terms not defined herein shall have the
meaning given them in the Act:
(a) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86
Stat. 1234).
(b) Car Coupling Sound means a sound which is heard and identified
by the observer as that of car coupling impact, and that causes a sound
level meter indicator (FAST) to register an increase of at least ten
decibels above the level observed immediately before hearing the sound.
(c) Carrier means a common carrier by railroad, or partly by
railroad and partly by water, within the continental United States,
subject to the Interstate Commerce Act, as amended, excluding street,
suburban, and interurban electric railways unless operated as a part of
a general railroad system of transportation.
(d) Classification of Railroads means the division of railroad
industry operating companies by the Interstate Commerce Commission into
three categories. As of 1978, Class I railroads must have annual
revenues of $50 million or greater, Class II railroads must have annual
revenues of between $10 and $50 million, and Class III railroads must
have less than $10 million in annual revenues.
(e) Commercial Property means any property that is normally
accessible to the public and that is used for any of the purposes
described in the following standard land use codes (reference Standard
Land Use Coding Manual. U.S. DOT/FHWA, reprinted March 1977): 53-59,
Retail Trade; 61-64, Finance, Insurance, Real Estate, Personal, Business
and Repair Services; 652-659, Legal and other professional services;
671, 672, and 673 Governmental Services; 692 and 699, Welfare,
Charitable and Other Miscellaneous Services; 712 and 719, Nature
exhibitions and other Cultural Activities; 721, 723, and 729,
Entertainment, Public and other Public Assembly; and
[[Page 72]]
74-79, Recreational, Resort, Park and other Cultural Activities.
(f) dB(A) is an abbreviation meaning A-weighted sound level in
decibels, reference: 20 micropascals.
(g) Day-night Sound Level means the 24-hour time of day weighted
equivalent sound level, in decibels, for any continuous 24-hour period,
obtained after addition of ten decibels to sound levels produced in the
hours from 10 p.m. to 7 a.m. (2200-0700). It is abbreviated as
Ldn.
(h) Decibel means the unit measure of sound level, abbreviated as
dB.
(i) Energy Average Level means a quantity calculated by taking ten
times the common logarithm of the arithmetic average of the antilogs of
one-tenth of each of the levels being averaged. The levels may be of any
consistent type, e.g. maximum sound levels, sound exposure levels, and
day-night sound levels.
(j) Energy Summation of Levels means a quantity calculated by taking
ten times the common logarithm of the sum of the antilogs of one-tenth
of each of the levels being summed. The levels may be of any consistent
type, e.g., day-night sound level or equivalent sound level.
(k) Equivalent Sound Level means the level, in decibels, of the
mean-square A-weighted sound pressure during a stated time period, with
reference to the square of the standard reference sound pressure of 20
micropascals. It is the level of the sound exposure divided by the time
period and is abbreviated as Leq.
(l) Fast Meter Response means that the ``fast'' response of the
sound level meter shall be used. The fast dynamic response shall comply
with the meter dynamic characteristics in paragraph 5.3 of the American
National Standard Specification for Sound Level Meters. ANSI S1.4-1971.
This publication is available from the American National Standards
Institute, Inc., 1430 Broadway, New York, New York 10018.
(m) Idle means that condition where all engines capable of providing
motive power to the locomotive are set at the lowest operating throttle
position; and where all auxiliary non-motive power engines are not
operating.
(n) Interstate Commerce means the commerce between any place in a
State and any place in another State, or between places in the same
State through another State, whether such commerce moves wholly by rail
or partly by rail and partly by motor vehicle, express, or water. This
definition of ``interstate commerce'' for purposes of this regulation is
similar to the definition of ``interstate commerce'' in section 203(a)
of the Interstate Commerce Act (49 U.S.C. 303(a)).
(o) Load Cell means a device external to the locomotive, of high
electrical resistance, used in locomotive testing to simulate engine
loading while the locomotive is stationary. (Electrical energy produced
by the diesel generator is dissipated in the load cell resistors instead
of the traction motors).
(p) Locomotive means for the purpose of this regulation, a self-
propelled vehicle designed for and used on railroad tracks in the
transport or rail cars, including self-propelled rail passenger
vehicles.
(q) Locomotive Load Cell Test Stand means the load cell Sec.
201.1(o) and associated structure, equipment, trackage and locomotive
being tested.
(r) Maximum Sound Level means the greatest A-weighted sound level in
decibels measured during the designated time interval or during the
event, with either fast meter response Sec. 201.1(l) or slow meter
response Sec. 201.1(ii) as specified. It is abbreviated as
Lmax.
(s) Measurement Period means a continuous period of time during
which noise of railroad yard operations is assessed, the beginning and
finishing times of which may be selected after completion of the
measurements.
(t) Rail Car means a non-self-propelled vehicle designed for and
used on railroad tracks.
(u) Railroad means all the roads in use by any common carrier
operating a railroad, whether owned or operated under a contract,
agreement, or lease.
(v) Receiving Property Measurement Location means a location on
receiving property that is on or beyond the railroad facility boundary
and that meets the receiving property measurement location criteria of
subpart C.
[[Page 73]]
(w) Receiving Property means any residential or commercial property
that receives the sound from railroad facility operations, but that is
not owned or operated by a railroad; except that occupied residences
located on property owned or controlled by the railroad are included in
the definition of ``receiving property.'' For purposes of this
definition railroad crew sleeping quarters located on property owned or
controlled by the railroad are not considered as residences. If,
subsequent to the publication date of these regulations, the use of any
property that is currently not applicable to this regulation changes,
and it is newly classified as either residential or commercial, it is
not receiving property until four years have elapsed from the date of
the actual change in use.
(x) Residential Property means any property that is used for any of
the purposes described in the following standard land use codes (ref.
Standard Land Use Coding Manual. U.S. DOT/FHWA Washington, DC, reprinted
March 1977): 1, Residential: 651, Medical and other Health Services; 68,
Educational Services; 691, Religious Activities; and 711, Cultural
Activities.
(y) Retarder (Active) means a device or system for decelerating
rolling rail cars and controlling the degree of deceleration on a car by
car basis.
(z) Retarder Sound means a sound which is heard and identified by
the observer as that of a retarder, and that causes a sound level meter
indicator at fast meter response Sec. 201.1(l) to register an increase
of at least ten decibels above the level observed immediately before
hearing the sound.
(aa) Sound Level means the level, in decibels, measured by
instrumentation which satisfies the requirements of American National
Standard Specification for Sound Level Meters S1.4-1971 Type 1 (or S1A)
or Type 2 if adjusted as shown in Table 1. This publication is available
from the American National Standards Institute, Inc., 1430 Broadway, New
York, New York 10018. For the purpose of these procedures the sound
level is to be measured using the Aweighting of spectrum and either the
FAST or SLOW dynamic averaging characteristics, as designated. It is
abbreviated as LA.
(bb) Sound Exposure Level means the level in decibels calculated as
ten times the common logarithm of time integral of squared A-weighted
sound pressure over a given time period or event divided by the square
of the standard reference sound pressure of 20 micropascals and a
reference duration of one second.
(cc) Sound Pressure Level (in stated frequency band) means the
level, in decibels, calculated as 20 times the common logarithm of the
ratio of a sound pressure to the reference sound pressure of 20
micropascals.
(dd) Special Purpose Equipment means maintenance-of-way equipment
which may be located on or operated from rail cars including: Ballast
cribbing machines, ballast regulators, conditioners and scarifiers, bolt
machines, brush cutters, compactors, concrete mixers, cranes and
derricks, earth boring machines, electric welding machines, grinders,
grouters, pile drivers, rail heaters, rail layers, sandblasters, snow
plows, spike drivers, sprayers and other types of such maintenance-of-
way equipment.
(ee) Special Track Work means track other than normal tie and
ballast bolted or welded rail or containing devices such as retarders or
switching mechanisms.
(ff) Statistical Sound Level means the level in decibels that is
exceeded in a stated percentage (x) of the duration of the measurement
period. It is abbreviated as Lx.
(gg) Switcher Locomotive means any locomotive designated as a
switcher by the builder or reported to the ICC as a switcher by the
operator-owning-railroad and including, but not limited to, all
locomotives of the builder/model designations listed in Appendix A to
this subpart.
(hh) Warning Device means a sound emitting device used to alert and
warn people of the presence of railroad equipment.
(ii) Slow Meter Response means that the slow response of the sound
level meter shall be used. The slow dynamic response shall comply with
the meter dynamic characteristics in paragraph 5.4 of the American
National Standard Specification for Sound Level Meters. ANSI S1.4-1971.
This publication is
[[Page 74]]
available from the American National Standards Institute Inc., 1430
Broadway, New York, New York 10018.
[45 FR 1263, Jan. 4, 1980, as amended at 47 FR 14709, Apr. 6, 1982]
Sec. Appendix A to Subpart A of Part 201--Switcher Locomotives
[The following locomotives are considered to be ``switcher locomotives''
under the general definition of this regulation]
------------------------------------------------------------------------
Type Engine
------------------------------------------------------------------------
General Electric Co.
------------------------------------------------------------------------
44 ton................................... 8-D17000(2).
70 ton................................... 6-CBFWL-6T.
95 ton................................... 6-CBFWL-6T.
------------------------------------------------------------------------
Electromotive Division (GMC)
------------------------------------------------------------------------
SC....................................... 8-201A.
NC....................................... 12-201A.
NC1...................................... 12-201A.
NC2...................................... 12-201A.
NW....................................... 12-201A.
NW1...................................... 12-201A.
NW1A..................................... 12-201A.
NW2...................................... 12-567.
NW2...................................... 12-567A.
NW3...................................... 12-567.
NW4...................................... 12-201A.
NW5...................................... 12-567B.
SW....................................... 8-201A/6-567.
SW1...................................... 6-567A/AC.
SW2...................................... 6-567.
SW3...................................... 6-567.
SW600.................................... 6-567C.
SW7...................................... 12-567A.
SW8...................................... 8-567B/BC.
SW900.................................... 8-567B.
SW9...................................... 12-567B/BC/C.
SW1200................................... 12-567C.
SW1000................................... 8-645E.
SW1001................................... 8-645E.
SW1500................................... 12-645E.
MP15..................................... 12-645E.
MP15AC................................... 12-645E.
GMD1..................................... 12-567C.
RS1325................................... 12-567C.
------------------------------------------------------------------------
Transfer Switcher including ``Cow and Calf''
------------------------------------------------------------------------
T........................................ 12-201A(2)
TR....................................... 12-567(2)
TR1...................................... 16-567(2)
TR2...................................... 12-567A(2)
TR3...................................... 12-567(3)
TR4...................................... 12-567A(2)
TR5...................................... 12-567B(2)
TR6...................................... 8-567B(2)
------------------------------------------------------------------------
Baldwin
------------------------------------------------------------------------
VO-660................................... 6-VO.
DS-446................................... 6-606NA.
DS4475................................... 6-750.
S-8...................................... 6-606.
VO-1000.................................. 8-VO.
DS-4410.................................. 8-608NA.
DS-4410.................................. 6-606SC.
S-12..................................... 6-606A.
DRS-4410 \1\............................. 6-606SC.
DRS-12 \1\............................... 6-606A.
------------------------------------------------------------------------
Fairbanks Morse
------------------------------------------------------------------------
H-10-44.................................. 6-OP.
H-12-44.................................. 6-OP.
H-12-44TS................................ 6-OP.
H-12-46 \1\.............................. 6-OP.
------------------------------------------------------------------------
Lima
------------------------------------------------------------------------
750 hp................................... 6-Hamilton.
800 hp................................... 6-Hamilton.
1000 hp.................................. 8-Hamilton.
1200 hp.................................. 8-Hamilton.
LRS \1\.................................. 8-Hamilton.
TL \1\................................... 8-Hamilton (2).
------------------------------------------------------------------------
ALCO and MLW
------------------------------------------------------------------------
S1....................................... 6-539NA.
S2....................................... 6-539T.
S3....................................... 6-539NA.
S4....................................... 6-539T.
S5....................................... 6-251.
S6....................................... 6-251A,B.
S7....................................... 6-539.
S10...................................... 6-539.
S11...................................... 6-539.
S12...................................... 6-539T.
S13...................................... 6-251C.
RSD-1.................................... 6-539.
RSC-13................................... 6-539.
RSC-24................................... 12-244
RS1...................................... 6-539T.
RS2 \1\.................................. 12-244.
RS3 \1\.................................. 12-244.
RS10 \1\................................. 12-244.
RSC-2 \1\................................ 12-244.
RS3 \1\.................................. 12-244.
RSD-4 \1\................................ 12-244.
RSD-5 \1\................................ 12-244.
T6....................................... 6-251B.
C-415 \1\................................ 8-251F.
M-420TR.................................. 12-251.
------------------------------------------------------------------------
\1\ These models may be found assigned to road service as well as
switcher service, but are considered switcher locomotives for the
purpose of this regulation.
Subpart B_Interstate Rail Carrier Operations Standards
Sec. 201.10 Applicability.
The provisions of this subpart apply to all rail cars and all
locomotives, except steam locomotives, operated or controlled by
carriers as defined in subpart A of this part, except that Sec. 201.11
(a), (b), and (c) do not apply to gas turbine-powered locomotives and to
any locomotive type which cannot be connected by any standard method to
a load cell. They apply to the total sound level emitted by rail cars
and locomotives operated under the conditions specified, including the
sound produced by refrigeration and air conditioning
[[Page 75]]
units which are an integral element of such equipment. The provisions of
this subpart apply to all active retarders, all car coupling operations,
all switcher locomotives, and all load cell test stands. These
provisions do not apply to the sound emitted by a warning device, such
as a horn, whistle or bell when operated for the purpose of safety. They
do not apply to special purpose equipment which may be located on or
operated from railcars; they do not apply to street, suburban or
interurban electric railways unless operated as a part of a general
railroad system of transportation. When land use changes after the
publication date of this regulation from some other use to residential
or commercial land use around a specific railyard facility, this
regulation will become effective four (4) years from the date of that
land use change.
Sec. 201.11 Standard for locomotive operation under stationary
conditions.
(a) Commencing December 31, 1976, no carrier subject to this
regulation shall operate any locomotive to which this regulation is
applicable, and of which manufacture is completed on or before December
31, 1979, which produces A-weighted sound levels in excess of 93 dB at
any throttle setting except idle, when operated singly and when
connected to a load cell, or in excess of 73 dB at idle when operated
singly, and when measured in accordance with the criteria specified in
Subpart C of this part with slow meter response at a point 30 meters
(100 feet) from the geometric center of the locomotive along a line that
is both perpendicular to the centerline of the track and originates at
the locomotive geometric center.
(b) No carrier subject to this regulation shall operate any
locomotive to which this regulation is applicable, and of which
manufacture is completed after December 31, 1979, which produces A-
weighted sound levels in excess of 87 dB at any throttle setting except
idle, when operated singly and when connected to a load cell, or in
excess of 70 dB at idle when operated singly, and when measured in
accordance with the criteria specified in Subpart C of this part with
slow meter response at a point 30 meters (100 feet) from the geometric
center of the locomotive along a line that is both perpendicular to the
centerline of the track and originates at the locomotive geometric
center.
(c) Commencing January 15, 1984, no carrier subject to this
regulation may operate any switcher locomotive to which this regulation
is applicable, and of which manufacture is completed on or before
December 31, 1979, which produces A-weighted sound levels in excess of
87 dB at any throttle setting except idle, when operated singly and when
connected to a load cell, or in excess of 70 dB at idle, and when
measured in accordance with the criteria specified in Subpart C of this
part with slow meter response at a point 30 meters (100 feet) from the
geometric center of the locomotive along a line that is both
perpendicular to the centerline of the track and originates at the
locomotive geometric center. All switcher locomotives that operate in a
particular railroad facility are deemed to be in compliance with this
standard if the A-weighted sound level from stationary switcher
locomotives, singly or in combination with other stationary locomotives,
does not exceed 65 dB when measured with fast meter response at any
receiving property measurement location near that particular railyard
facility and when measured in accordance wtih Subpart C of this
regulation.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]
Sec. 201.12 Standard for locomotive operation under moving conditions.
(a) Commencing December 31, 1976, no carrier subject to this
regulation may operate any locomotive or combination of locomotives to
which this regulation is applicable, and of which manufacture is
completed on or before December 31, 1979, which produces A-weighted
sound levels in excess of 96 dB when moving at any time or under any
condition of grade, load, acceleration, or deceleration, when measured
in accordance with the criteria specified in Subpart C of this
regulation with fast meter response at 30 meters (100 feet) from the
centerline of any section of track having less than a two (2) degree
curve (or a radius of curvature greater than 873 meters (2865 feet)).
[[Page 76]]
(b) No carrier subject to this regulation may operate any locomotive
or combination of locomotives to which this regulation is applicable,
and of which manufacture is completed after December 31, 1979, which
produce A-weighted sound levels in excess of 90 dB when moving at any
time or under any condition of grade, load, acceleration, or
deceleration, when measured in accordance with the criteria specified in
Subpart C of this part with fast meter response at 30 meters (100 feet)
from the centerline of any section of track having less than a two (2)
degree curve (or a radius of curvature greater than 873 meters (2,865
feet)).
(c) Commencing January 15, 1984, no carrier subject to this
regulation may operate any switcher locomotive or a combination of
switcher locomotives to which this regulation is applicable, and of
which manufacture is completed on or before December 31, 1979 which
produce A-weighted sound levels in excess of 90 dB when moving at any
time or under any condition of grade, load, acceleration or
deceleration, and when measured in accordance with the criteria in
Subpart C of this part with fast meter response at 30 meters (100 feet)
from the centerline of any section of track having less than a two (2)
degree curve (or a radius of curvature greater than 873 meters (2,865
feet)). All switcher locomotives that operate in a particular railroad
facility are deemed to be in compliance with this standard if the A-
weighted sound level from stationary switcher locomotives, singly or in
combination with other stationary locomotives, does not exceed 65 dB
when measured with fast meter response at any receiving property
measurement location near that particular railyard facility and when
measured in accordance with Subpart C of this regulation.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]
Sec. 201.13 Standard for rail car operations.
Effective December 31, 1976, no carrier subject to this regulation
shall operate any rail car or combination of rail cars which while in
motion produce sound levels in excess of (1) 88 dB(A) at rail car speeds
up to and including 75 km/hr (45 mph); or (2) 93 dB(A) at rail car
speeds greater than 72 km/hr (45 mph); when measured in accordance with
the criteria specified in Subpart C of this part with fast meter
response at 30 meters (100) feet from the centerline of any section of
track which is free of special track work or bridges or trestles and
which exhibits less than a two (2) degree curve (or a radius of
curvature greater than 873 meters (2,865 feet)).
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]
Sec. 201.14 Standard for retarders.
Effective January 15, 1984, no carrier subject to this regulation
shall operate retarders that exceed an adjusted average maximum A-
weighted sound level of 83 dB at any receiving property measurement
location, when measured with fast meter response in accordance with
Subpart C of this part.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]
Sec. 201.15 Standard for car coupling operations.
Effective January 15, 1984, no carrier subject to this regulation
shall conduct car coupling operations that exceed an adjusted average
maximum A-weighted sound level of 92 dB at any receiving property
measurement location, when measured with fast meter response in
accordance with Subpart C of this part, except, such coupling will be
found in compliance with this standard and the carrier will be
considered in compliance, if the railroad demonstrates that the standard
is exceeded at the receiving property measurement locations (where the
standard was previously exceeded) when cars representative of those
found to exceed the standard are coupled at similar locations at
coupling speeds of eight miles per hour or less.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]
Sec. 201.16 Standard for locomotive load cell test stands.
(a) Effective January 15, 1984, no carrier subject to this reguation
shall operate locomotive load cell test stands that exceed an A-weighted
sound level
[[Page 77]]
of 78 dB when measured with slow meter response in accordance with
Subpart C of this part excluding Sec. 201.23 (b) and (c), at a point 30
meters (100 feet) from the geometric center of the locomotive undergoing
test, along a line that is both perpendicular to the centerline of the
track and originates at the locomotive geometric center, and in the
direction most nearly towards the closest receiving property measurement
location. All locomotive load cell test stands in a particular railroad
facility are in compliance with this standard if the A-weighted sound
level from the load cell does not exceed 65 dB at any receiving property
measurement location near that particular railyard facility and when
measured with fast meter response in accordance with Subpart C of this
regulation.
(b) If the conditions of any part of Sec. 201.23(a) cannot be met
at a specific load cell test stand site, then the A-weighted sound level
from that specific load cell test stand must not exceed 65 dB when
measured with fast meter response at a receiving property measurement
location more than 120 meters (400 feet) from the geometric center of
the locomotive being tested and in accordance with Subpart C of this
regulation.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]
Subpart C_Measurement Criteria
Sec. 201.20 Applicability and purpose.
The following criteria are applicable to and contain the necessary
parameters and procedures for the measurement of the noise emission
levels prescribed in the standards of Subpart B of this part. These
criteria are specified in order to further clarify and define such
standards. Equivalent measurement procedures may be used for
establishing compliance with these regulations. Any equivalent
measurement procedure, under any circumstance, shall not result in a
more stringent noise control requirement than those specified in this
regulation using the measurement procedures in Subpart C.
Sec. 201.21 Quantities measured.
The quantities to be measured under the test conditions described
below, are the A-weighted sound levels for ``fast'' or ``slow'' meter
response as defined in the American National Standard S1.4-1971.
Sec. 201.22 Measurement instrumentation.
(a) A sound level meter or alternate sound level measurement system
that meets, as a minimum, all the requirements of American National
Standard S1.4-1971 \1\ for a Type 1 (or S1A) instrument must be used
with the ``fast'' or ``slow'' meter response chacteristic as specified
in Subpart B. To insure Type 1 response, the manufacturer's instructions
regarding mounting or orienting of the microphone, and positioning of
the observer must be observed. In the event that a Type 1 (or S1A)
instrument is not available for determining non-compliance with this
regulation, the measurements may be made with a Type 2 (or S2A), but
with the measured levels reduced by the following amount to account for
possible measurement instrument errors pertaining to specific
measurements and sources:
---------------------------------------------------------------------------
\1\ American National Standards are available from the American
National Standards Institute, Inc., 1430 Broadway, New York, NY 10018.
Table 1--Sound Level Corrections When Using a Type 2 (or S2A) Instrument
------------------------------------------------------------------------
Decibels
Measurement section Source \1\
------------------------------------------------------------------------
201.24........................ Locomotives................... 0
Rail cars..................... 0
Locomotive load cell test 0
stand.
201.26........................ Retarder...................... 4
Car coupling.................. 2
201.27........................ Locomotive load cell test 0
stand.
Stationary locomotive......... 0
------------------------------------------------------------------------
\1\ Amount of correction to be subtracted from measured level (dB).
(b) A microphone windscreen and an acoustic calibrator of the
coupler type must be used as recommended by: (1) the manufacturer of the
sound level meter or (2) the manufacturer of the microphone. The choice
of both devices must be based on ensuring that Type 1 or 2 performance,
as appropriate, is maintained for frequencies below 10,000 Hz.
[[Page 78]]
Sec. 201.23 Test site, weather conditions and background noise
criteria for measurement at a 30 meter (100 feet) distance of the noise
from locomotive and rail car operations and locomotive load cell test
stands.
(a) The standard test site shall be such that the locomotive or
train radiates sound into a free field over the ground plane. This
condition may be considered fulfilled if the test site consists of an
open space free of large, sound reflecting objects, such as barriers,
hills, signboards, parked vehicles, locomotives or rail cars on adjacent
tracks, bridges or buildings within the boundaries described by Figure
1, as well as conforms to the other requirements of this Sec. 201.23.
(b) Within the complete test site, the top of at least one rail upon
which the locomotive or train is located shall be visible (line of
sight) from a position 1.2 meters (4 feet) above the ground at the
microphone location, except as provided in paragraph (c) of this
section.
(c) Ground cover such as vegetation, fenceposts, small trees,
telephone poles, etc., shall be limited within the area in the test site
between the vehicle under test and the measuring microphone such that 80
percent of the top of at least one rail along the entire test section of
track be visible from a position 1.2 meters (4 feet) above the ground at
the microphone location; except that no single obstruction shall account
for more than 5 percent of the total allowable obstruction.
(d) The ground elevation at the microphone location shall be within
plus 1.5 meters (5 feet) or minus 3.0 meters (10 feet) of the elevation
of the top of the rail at the location in-line with the microphone.
(e) Within the test site, the track shall exhibit less than a 2
degree curve or a radius of curvature greater than 873 meters (2,865
feet). This paragraph shall not apply during a stationary test. The
track shall be tie and ballast, free of special track work and bridges
or trestles.
(f) Measurements shall not be made during precipitation.
(g) The maximum A-weighted fast response sound level observed at the
test site immediately before and after the test shall be at least 10
dB(A) below the level measured during the test. For the locomotive and
rail car pass-by tests this requirement applies before and after the
train containing the rolling stock to be tested has passed. This
background sound level measurement shall include the contribution from
the operation of the load cell, if any, including load cell contribution
during test.
(h) Noise measurements may only be made if the measured wind
velocity is 19.3 km/hr (12 mph) or less. Gust wind measurements of up to
33.2 km/hr (20 mph) are allowed.
Sec. 201.24 Procedures for measurement at a 30 meter (100 feet)
distance of the noise from locomotive and rail car operations and
locomotive load cell test stands.
(a) Microphone positions. (1) The microphone shall be located within
the test site according to the specifications given in the test
procedures of paragraphs (b), (c) and (d) of this section, and shall be
positioned 1.2 meters (4 feet) above the ground. It shall be oriented
with respect to the source in accordance with the manufacturer's
recommendations.
(2) The observer shall not stand between the microphone and the
source whose sound level is being measured.
(b) Stationary locomotive and locomotive load cell test stand tests.
(1) For stationary locomotive and locomotive load cell test stand tests,
the microphone shall be positioned on a line perpendicular to the track
at a point 30 meters (100 feet) from the track centerline at the
longitudinal midpoint of the locomotive.
(2) The sound level meter shall be observed for thirty seconds after
the test throttle setting is established to assure operating stability.
The maximum sound level observed during that time shall be utilized for
compliance purposes.
(3) Measurement of stationary locomotive and locomotive load cell
test stand noise shall be made with all cooling fans operating.
(c) Rail car pass-by test. (1) For rail car pass-by tests, the
microphone shall be positioned on a line perpendicular to the track 30
meters (100 feet) from the track centerline.
[[Page 79]]
(2) Rail car noise measurements shall be made when the locomotives
have passed a distance 152.4 meters (500 feet) or 10 rail cars beyond
the point at the intersection of the track and the line which extends
perpendicularly from the track to the microphone location, providing any
other locomotives are also at least 152.4 meters (500 feet) or 10 rail
car lengths away from the measuring point. The maximum sound level
observed in this manner which exceeds the noise levels specified in
Sec. 201.13 shall be utilized for compliance purposes.
(3) Measurements shall be taken on reasonably well maintained
tracks.
(4) Noise levels shall not be recorded if brake squeal is present
during the test measurement.
(d) Locomotive pass-by test. (1) For locomotive pass-by tests, the
microphone shall be positioned on a line perpendicular to the track at a
point 30 meters (100 feet) from the track centerline.
(2) The noise level shall be measured as the locomotive approaches
and passes by the microphone location. The maximum noise level observed
during this period shall be utilized for compliance purposes.
(3) Measurements shall be taken on reasonably well maintained
tracks.
[[Page 80]]
[GRAPHIC] [TIFF OMITTED] TN30SE99.055
[[Page 81]]
Sec. 201.25 Measurement location and weather conditions for measurement
on receiving property of the noise of retarders, car coupling,
locomotive load cell test stands, and stationary locomotives.
(a) Measurements must be conducted only at receiving property
measurement locations.
(b) Measurement locations on receiving property must be selected
such that no substantially vertical plane surface, other than a
residential or commercial unit wall or facility boundary noise barrier,
that exceeds 1.2 meters (4 feet) in height is located within 10 meters
(33.3 feet) of the microphone and that no exterior wall of a residential
or commercial structure is located within 2.0 meters (6.6 feet) of the
microphone. If the residential structure is a farm home, measurements
must be made 2.0 to 10.0 meters (6.6 to 33.3 feet) from any exterior
wall.
(c) No measurement may be made when the average wind velocity during
the period of measurement exceeds 19.3 km/hr (12 mph) or when the
maximum wind gust velocity exceeds 32.2 km/hr (20 mph).
(d) No measurement may be taken when precipitation, e.g., rain,
snow, sleet, or hail, is occurring.
Sec. 201.26 Procedures for the measurement on receiving property of
retarder and car coupling noise.
(a) Retarders--(1) Microphone. The microphone must be located on the
receiving property and positioned at a height between 1.2 and 1.5 meters
(4 to 5 feet) above the ground. The microphone must be positioned with
respect to the equipment in accordance with the manufacturers'
recommendations for Type 1 or 2 performance as appropriate. No person
may stand between the microphone and the equipment being measured or be
otherwise positioned relative to the microphone at variance with the
manufacturers' recommendations for Type 1 or 2 performance as
appropriate.
(2) Data. The maximum A-weighted sound levels (FAST) for every
retarder sound observed during the measurement period must be read from
the indicator and recorded. At least 30 consecutive retarder sounds must
be measured. The measurement period must be at least 60 minutes and not
more than 240 minutes.
(3) Adjusted average maximum A-weighted sound level. The energy
average level for the measured retarder sounds must be calculated to
determine the value of the average maximum A-weighted sound level
(Lave max). This value is then adjusted by adding the
adjustment (C) from Table 2 appropriate to the number of measurements
divided by the duration of the measurement period (n/T), to obtain the
adjusted average maximum A-weighted sound level
(Ladj ave max) for retarders.
(b) Car coupling impact--(1) Microphone. The microphone must be
located on the receiving property and at a distance of at least 30
meters (100 feet) from the centerline of the nearest track on which car
coupling occurs and its sound is measured (that is, either the
microphone is located 30 meters (100 feet) from the nearest track on
which couplings occur, or all sounds resulting from car coupling impacts
that occur on tracks with centerlines located less than 30 meters (100
feet) from the microphone are disregarded). The microphone shall be
positioned at a height between 1.2 and 1.5 meters (4 and 5 feet) above
the ground, and it must be positioned with respect to the equipment in
accordance with the manufacturers' recommendations for Type 1 or 2
performance as appropriate. No person may stand between the microphone
and the equipment being measured or be otherwise positioned relative to
the microphone at variance with the manufacturers' recommendations for
Type 1 or 2 performance as appropriate.
(2) Data. The maximum A-weighted sound levels (FAST) for every car
coupling impact sound observed during the measurement period must be
read from the indicator and recorded. At least 30 consecutive car
coupling impact sounds must be measured. The measurement period must be
at least 60 minutes and not more than 240 minutes, and must be reported.
[[Page 82]]
Table 2--Adjustment to Lave max To Obtain Ladj ave max for Retarders and
Car Coupling Impacts \1\
[n/T = number of measurements/measurement duration (min) C = Adjustment
in dB]
0.111 to 0.141.................................................. -9
0.142 to 0.178.................................................. -8
0.179 to 0.224.................................................. -7
0.225 to 0.282.................................................. -6
0.283 to 0.355.................................................. -5
0.356 to 0.447.................................................. -4
0.448 to 0.562.................................................. -3
0.563 to 0.708.................................................. -2
0.709 to 0.891.................................................. -1
0.892 to 1.122.................................................. 0
1.123 to 1.413.................................................. +1
1.414 to 1.778.................................................. +2
1.779 to 2.239.................................................. +3
2.240 to 2.818.................................................. +4
2.819 to 3.548.................................................. +5
3.549 to 4.467.................................................. +6
\1\ Ladj ave max = Lave max +C in dB.
Values in Table 2 were calculated from [C=10 log n/T] with intervals
selected to round off values to the nearest whole decibel. The table
may be extended or interpolated to finer interval gradations by using
this defining equation.
(3) Adjusted average maximum A-weighted sound level. The energy
average level for the measured car coupling sounds is calculated to
determine the average maximum sound level (Lave max). It is
then adjusted by adding the adjustment (C) from Table 2 appropriate to
the number of measurements divided by the duration of the measurement
period (n/T), to obtain the adjusted average maximum A-weighted sound
level (Ladj ave max) for car coupling impacts.
Sec. 201.27 Procedures for: (1) Determining applicability of the
locomotive load cell test stand standard and switcher locomotive
standard by noise measurement on a receiving property; (2) measurement
of locomotive load cell test stands more than 120 meters (400 feet)
on a receiving property.
(a) Microphone. The microphone must be located at a receiving
property measurement location and must be positioned at a height between
1.2 and 1.5 meters (4 and 5 feet) above the ground. Its position with
respect to the equipment must be in accordance with the manufacturers'
recommendations for Type 1 or 2 performance as appropriate. No person
may stand between the microphone and the equipment being measured or be
otherwise positioned relative to the microphone at variance to the
manufacturers' recommendations for Type 1 or Type 2 performance as
appropriate.
(b) Data. (1) When there is evidence that at least one of these two
types of nearly steady state sound sources is affecting the noise
environment, the following measurements must be made. The purpose of
these measurements is to determine the A-weighted L90
statistical sound level, which is to be used as described in
subparagraph (c) below to determine the applicability of the source
standards. Before this determination can be made, the measured
L90 is to be ``validated'' by comparing the measured
L10 and L99 statistical sound levels. If the
difference between these levels is sufficiently small (4 dB or less),
the source(s) being measured is considered to be a nearly steady state
source.
(2) Data shall be collected by measuring the instantaneous A-
weighted sound level (FAST) at a rate of at least once each 10 seconds
for a measurement period of at least 15 minutes and until 100
measurements are obtained. The data may be taken manually by direct
reading of the indicator at 10 second intervals (1 second), or by
attaching a statistical analyzer, graphic level recorder, or other
equivalent device to the sound level meter for a more continuous
recording of the instantaneous sound level.
(3) The data shall be analyzed to determine the levels exceeded 99%,
90%, and 10% of the time, i.e., L99, L90, and
L10, respectively. The value of L90 is considered
a valid measure of the A-weighted sound level for the standards in Sec.
201.16 only if the difference between L10 and L99
has a value of 4 dB or less. If a measured value of L90 is
not valid for this purpose, measurements may be taken over a longer
period to attempt to improve the certainty of the measurement and to
validate L90. If L90 is valid and is less than the
level in applicable standards for these source types, the sources are in
compliance. If the measured value of L90 is valid and exceeds
the initial 65 dB requirement for any of the source types that appear to
be affecting the noise environments, the evaluation according to the
following paragraph (c) is required.
(c) Determination of applicability of the standard when
L90 is validated and is in excess of one or more of the
source standards. The following procedures must be
[[Page 83]]
used to determine the compliance of the various source types when
L90 is validated and in excess of one or more of the
applicable standards.
(1) The principal direction of the nearly steady-state sound at the
measurement location must be determined, if possible, by listening to
the sound and localizing its apparent source(s). If the observer is
clearly convinced by this localization process that the sound emanates
only from one or both of these two sources, then:
(i) If only stationary locomotive(s), including at least one
switcher locomotive, are present, the value of L90 is the
value of the A-weighted sound level to be used in determining if the 65
dB requirement is exceeded and compliance with the standards in
Sec. Sec. 201.11(c) and 201.12(c) is necessary.
(ii) If only a locomotive load cell test stand and the locomotive
being tested are present and operating, the value of L90 is
the value of the A-weighted sound level to be used in determining
applicability of the standard in Sec. 201.16.
(iii) If a locomotive load cell test stand(s) and the locomotive
being tested are present and operating with stationary locomotive(s),
including at least one switcher locomotive, the value L90
minus 3 dB is the value of the A-weighted sound level to be used in
determining applicability of the standards in Sec. Sec. 201.11(c),
201.12(c) and 201.16.
(iv) If a locomotive load cell test stand(s) and the locomotive
being tested are present and operating, and a stationary locomotive(s)
is present, and if the nearly steady-state sound level is observed to
change by 10 dB, coincident with evidence of a change in operation of
the locomotive load cell test stand but without apparent change in the
location of stationary locomotives, another measurement of
L90 must be made in accordance with paragraph (b) of this
section. If this additional measure of L90 is validated and
differs from the initial measure of L90 by an absolute value
of 10 dB or more, then the higher value of L90 is the value
of the A-weighted sound level to be used in determining applicability of
the standard in Sec. 201.16.
(2) In order to accomplish the comparison demonstration of paragraph
(c)(3) of this section, when one or more source types is found not to be
in compliance with the applicable standard(s), documentation of noise
source information shall be necessary. This will include, but not be
limited to, the approximate location of all sources of each source type
present and the microphone position on a diagram of the particular
railroad facility, and the distances between the microphone location and
each of the sources must be estimated and reported. Additionally, if
other rail or non-rail noise sources are detected, they must be
identified and similarly reported.
(3) If it can be demonstrated that the validated L90 is
less than 5 dB greater than any L90 measured at the same
receiving property location when the source types that were operating
during the initial measurement(s) are either turned off or moved, such
that they can no longer be detected, the initial value(s) of
L90 must not be used for determining applicability to the
standards. This demonstration must be made at a time of day comparable
to that of the initial measurements and when all other conditions are
acoustically similar to those reported in paragraph (c)(2) of this
section.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]
Sec. 201.28 Testing by railroad to determine probable compliance with
the standard.
(a) To determine whether it is probably complying with the
regulation, and therefore whether it should institute noise abatement, a
railroad may take measurements on its own property at locations that:
(1) Are between the source and receiving property
(2) Derive no greater benefit from shielding and other noise
reduction features that does the receiving property; and
(3) Otherwise meet the requirements of Sec. 201.25.
(b) Measurements made for this purpose should be in accordance with
the appropriate procedures in Sec. 201.26 or Sec. 201.27. If the
resulting level is less than the level stated in the standard, then
there is probably compliance with the standard.
[[Page 84]]
(c) This procedure is set forth to assist the railroad in devising
its compliance plan, not as a substantive requirement of the regulation.
PART 202_MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE--Table of
Contents
Subpart A_General Provisions
Sec.
202.10 Definitions.
202.11 Effective date.
202.12 Applicability.
Subpart B_Interstate Motor Carrier Operations Standards
202.20 Standards for highway operations.
202.21 Standard for operation under stationary test.
202.22 Visual exhaust system inspection.
202.23 Visual tire inspection.
Authority: Sec. 18, 36 Stat. 1249, 42 U.S.C. 4917(a).
Subpart A_General Provisions
Sec. 202.10 Definitions.
As used in this part, all terms not defined herein shall have the
meaning given them in the Act:
(a) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86
Stat. 1234).
(b) Common carrier by motor vehicle means any person who holds
himself out to the general public to engage in the transportation by
motor vehicle in interstate or foreign commerce of passengers or
property or any class or classes thereof for compensation, whether over
regular or irregular routes.
(c) Contract carrier by motor vehicle means any person who engages
in transportation by motor vehicle of passengers or property in
interstate or foreign commerce for compensation (other than
transportation referred to in paragraph (b) of this section) under
continuing contracts with one person or a limited number of persons
either (1) for the furnishing of transportation services through the
assignment of motor vehicles for a continuing period of time to the
exclusive use of each person served or (2) for the furnishing of
transportation services designed to meet the distinct need of each
individual customer.
(d) Cutout or by-pass or similar devices means devices which vary
the exhaust system gas flow so as to discharge the exhaust gas and
acoustic energy to the atmosphere without passing through the entire
length of the exhaust system, including all exhaust system sound
attenuation components.
(e) dB(A) means the standard abbreviation for A-weighted sound level
in decibels.
(f) Exhaust system means the system comprised of a combination of
components which provides for enclosed flow of exhaust gas from engine
parts to the atmosphere.
(g) Fast meter response means that the fast dynamic response of the
sound level meter shall be used. The fast dynamic response shall comply
with the meter dynamic characteristics in paragraph 5.3 of the American
National Standard Specification for Sound Level Meters, ANSI S1. 4-1971.
This publication is available from the American National Standards
Institute, Inc., 1420 Broadway, New York, New York 10018.
(h) Gross Vehicle Weight Rating (GVWR) means the value specified by
the manufacturer as the loaded weight of a single vehicle.
(i) Gross Combination Weight Rating (GCWR) means the value specified
by the manufacturer as the loaded weight of a combination vehicle.
(j) Highway means the streets, roads, and public ways in any State.
(k) Interstate commerce means the commerce between any place in a
State and any place in another State or between places in the same State
through another State, whether such commerce moves wholly by motor
vehicle or partly by motor vehicle and partly by rail, express, water or
air. This definition of ``interstate commerce'' for purposes of these
regulations is the same as the definition of ``interstate commerce'' in
section 203(a) of the Interstate Commerce Act. [49 U.S.C. 303(a)]
(l) Motor carrier means a common carrier by motor vehicle, a
contract carrier by motor vehicle, or a private carrier of property by
motor vehicle as those terms are defined by paragraphs (14), (15), and
(17) of section 203(a) of
[[Page 85]]
the Interstate Commerce Act [49 U.S.C. 303(a)].
(m) Motor vehicle means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the
highways in the transportation of passengers or property, or any
combination thereof, but does not include any vehicle, locomotive, or
car operated exclusively on a rail or rails.
(n) Muffler means a device for abating the sound of escaping gases
of an internal combustion engine.
(o) Open site means an area that is essentially free of large sound-
reflecting objects, such as barriers, walls, board fences, signboards,
parked vehicles, bridges, or buildings.
(p) Private carrier of property by motor vehicle means any person
not included in terms ``common carrier by motor vehicle'' or ``contract
carrier by motor vehicle'', who or which transports in interstate or
foreign commerce by motor vehicle property of which such person is the
owner, lessee, or bailee, when such transportation is for sale, lease,
rent or bailment, or in furtherance of any commercial enterprise.
(q) Sound level means the quantity in decibles measured by a sound
level meter satisfying the requirements of American National Standards
Specification for Sound Level Meters S1.4-1971. This publication is
available from the American National Standards Institute, Inc., 1430
Broadway, New York, New York 10018. Sound level is the frequency-
weighted sound pressure level obtained with the standardized dynamic
characteristic ``fast'' or ``slow'' and weighting A, B, or C; unless
indicated otherwise, the A-weighting is understood.
[39 FR 38215, Oct. 29, 1974]
Sec. 202.11 Effective date.
The provisions of Subpart B shall become effective October 15, 1975,
except that the provisions of Sec. 202.20(b) and Sec. 202.21(b) of
Subpart B shall apply to motor vehicles manufactured during or after the
1986 model year.
[51 FR 852, Jan. 8, 1986]
Sec. 202.12 Applicability.
(a) The provisions of Subpart B apply to all motor carriers engaged
in interstate commerce.
(b) The provisions of Subpart B apply only to those motor vehicles
of such motor carriers which have a gross vehicle weight rating or gross
combination weight rating in excess of 10,000 pounds, and only when such
motor vehicles are operating under the conditions specified in Subpart
B.
(c) Except as provided in paragraphs (d) and (e) of this section,
the provisions of Subpart B apply to the total sound produced by such
motor vehicles when operating under such conditions, including the sound
produced by auxiliary equipment mounted on such motor vehicles.
(d) The provisions of Subpart B do not apply to auxiliary equipment
which is normally operated only when the transporting vehicle is
stationary or is moving at a speed of 5 miles per hour or less. Examples
of such equipment include, but are not limited to, cranes, asphalt
spreaders, ditch diggers, liquid or slurry pumps, air compressors,
welders, and trash compactors.
(e) The provisions of Subpart B do not apply to warning devices,
such as horns and sirens; or to emergency equipment and vehicles such as
fire engines, ambulances, police vans, and rescue vans, when responding
to emergency calls; or to snow plows when in operation.
(f) The provisions of Sec. 202.20(a) and Sec. 202.21(a) of Subpart
B apply only to applicable motor vehicles manufactured prior to the 1986
model year.
(g) The provisions of Sec. 202.20(b) and Sec. 202.21(b) apply to
all applicable motor vehicles manufactured during or after the 1986
model year.
[39 FR 38215, Oct. 29, 1974, as amended at 51 FR 852, Jan. 8, 1986]
Subpart B_Interstate Motor Carrier Operations Standards
Sec. 202.20 Standards for highway operations.
(a) No motor carrier subject to these regulations shall operate any
motor vehicle of a type to which this regulation
[[Page 86]]
is applicable which at any time or under any condition of highway grade,
load, acceleration or deceleration generates a sound level in excess of
86dB(A) measured on an open site with fast meter response at 50 feet
from the centerline of lane of travel on highways with speed limits of
35 MPH or less; or 90 dB(A) measured on an open site with fast meter
response at 50 feet from the centerline of lane of travel on highways
with speed limits of more than 35 MPH.
(b) No motor carrier subject to these regulations shall operate any
motor vehicle of a type to which this regulation is applicable which at
any time or under any condition of highway grade, load, acceleration or
deceleration generates a sound level in excess of 83 dB(A) measured on
an open site with fast meter response at 50 feet from the centerline of
lane of travel on highways with speed limits of 35 MPH or less; or 87
dB(A) measured on an open site with fast meter response at 50 feet from
the centerline of lane of travel on highways with speed limits of more
than 35 MPH.
[39 FR 38215, Oct. 29, 1974, as amended at 51 FR 852, Jan. 8, 1986]
Sec. 202.21 Standard for operation under stationary test.
(a) No motor carrier subject to these regulations shall operate any
motor vehicle of a type to which this regulation is applicable which
generates a sound level in excess of 88 dB(A) measured on an open site
with fast meter response at 50 feet from the longitudinal centerline of
the vehicle, when its engine is accelerated from idle with wide open
throttle to governed speed with the vehicle stationary, transmission in
neutral, and clutch engaged. This section shall not apply to any vehicle
which is not equipped with an engine speed governor.
(b) No motor carrier subject to these regulations shall operate any
motor vehicle of a type to which this regulation is applicable which
generates a sound level in excess of 85 dB(A) measured on an open site
with fast meter response at 50 feet from the longitudinal centerline of
the vehicle when its engine is accelerated from idle with wide open
throttle to governed speed with the vehicle stationary, transmission in
neutral, and clutch engaged. This paragraph shall not apply to any
vehicle which is not equipped with an engine speed governor.
[39 FR 38215, Oct. 29, 1974, as amended at 51 FR 852, Jan. 8, 1986]
Sec. 202.22 Visual exhaust system inspection.
No motor carrier subject to these regulations shall operate any
motor vehicle of a type to which this regulation is applicable unless
the exhaust system of such vehicle is (a) free from defects which affect
sound reduction; (b) equipped with a muffler or other noise dissipative
device; and (c) not equipped with any cut-out, bypass, or similar
device.
Sec. 202.23 Visual tire inspection.
No motor carrier subject to these regulations shall at any time
operate any motor vehicle of a type to which this regulation is
applicable on a tire or tires having a tread pattern which as originally
manufactured, or as newly retreaded, is composed primarily or cavities
in the tread (excluding sipes and local chunking) which are not vented
by grooves to the tire shoulder or circumferentially to each other
around the tire. This Sec. 202.23 shall not apply to any motor vehicle
which is demonstrated by the motor carrier which operates it to be in
compliance with the noise emission standard specified for operations on
highways with speed limits of more than 35 MPH in Sec. 202.20 of this
Subpart B, if the demonstration is conducted at the highway speed limit
in effect at the inspection location, or, if speed is unlimited, the
demonstration is conducted at a speed of 65 MPH.
[39 FR 38215, Oct. 29, 1974]
PART 203_LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec.
203.1 Definitions.
203.2 Application for certification.
203.3 Test procedures.
203.4 Low-noise-emission product determination.
203.5 Suitable substitute decision.
[[Page 87]]
203.6 Contracts for low-noise-emission products.
203.7 Post-certification testing.
203.8 Recertification.
Authority: Sec. 15, Noise Control Act, 1972, Pub. L. 92-574, 86
Stat. 1234.
Source: 39 FR 6670, Feb. 21, 1974, unless otherwise noted.
Sec. 203.1 Definitions.
(a) As used in this part, any term not defined herein shall have the
meaning given it in the Noise Control Act of 1972 (Pub. L. 92-574).
(1) Act means the Noise Control Act of 1972 (Pub. L. 92-574).
(2) Federal Government includes the legislative, executive, and
judicial branches of the Government of the United States, and the
government of the District of Columbia.
(3) Administrator means the Administrator of the Environmental
Protection Agency.
(4) Product means any manufactured article or goods or component
thereof; except that such term does not include--
(i) Any aircraft, aircraft engine, propellor or appliance, as such
terms are defined in section 101 of the Federal Aviation Act of 1958; or
(ii)(a) Any military weapons or equipment which are designed for
combat use; (b) any rockets or equipment which are designed for
research, experimental or developmental work to be performed by the
National Aeronautics and Space Administration; or (c) to the extent
provided by regulations of the Administrator, any other machinery or
equipment designed for use in experimental work done by or for the
Federal Government.
(5) Low-Noise-Emission Product Determination means the
Administrator's determination whether or not a product, for which a
properly filed application has been received, meets the low-noise-
emission product criterion.
(6) Suitable Substitute Decision means the Administrator's decision
whether a product which the Administrator has determined to be a low-
noise-emission product is a suitable substitute for a product or
products presently being purchased by the Federal Government.
Sec. 203.2 Application for certification.
(a) Any person desiring certification of a class or model of product
under section 15 of the act shall submit to the Administrator an
application for certification. The application shall be completed upon
such forms as the Administrator may deem appropriate and shall contain:
(1) A description of the product, including its power source, if
any;
(2) Information pertaining to the test facility for the product
establishing that the test facility meets all requirements which EPA may
prescribe;
(3) All noise emission data from the test of the product;
(4) Data required by the Administrator relative, but not limited to,
the following characteristics;
(i) Safety;
(ii) Performance Characteristics;
(iii) Reliability of product and reliability of low-noise-emission
features;
(iv) Maintenance;
(v) Operating Costs;
(vi) Conformance with Federal Agency Purchase Specifications; and
(5) Such other information as the Administrator may request.
(b) Specific data requirements relative to paragraph (a)(4) of this
section will be published separately from the low-noise-emission
criterion for that product or class of products.
(c) The Administrator will, immediately upon receipt of the
application for certification, publish in the Federal Register a notice
of the receipt of the application. The notice will request written
comments and documents from interested parties in support of, or in
opposition to, certification of the class or model of product under
consideration.
Sec. 203.3 Test procedures.
(a) The applicant shall test or cause his product to be tested in
accordance with procedures contained in the regulations issued pursuant
to section 6 of the act unless otherwise specified.
(b) The Administrator may conduct whatever investigation is
necessary, including actual inspection of the product at a place
designated by him.
[[Page 88]]
Sec. 203.4 Low-noise-emission product determination.
(a) The Administrator will, within ninety (90) days after receipt of
a properly filed application for certification, determine whether such
product is a low-noise-emission product. In doing so, he will determine
if the product:
(1) Is one for which a noise source emission standard has been
promulgated under section 6 of the act;
(2) Emits levels of noise in amounts significantly below the levels
specified in noise emission standard under regulations under section 6
of the act applicable to that product or class of products; and
(3) Is labeled in accordance with regulations issued pursuant to
section 8 of the act.
(b) The Administrator will, upon making the determination whether a
product is a low-noise-emission product, publish in the Federal Register
notice of his determination, and the reasons therefor.
(c) The notice of determination that a product is a low-noise-
emission product shall be revocable whenever a change in the low-noise-
emission product criterion for what product occurs between determination
and decision. Notice of any revocation will be published in the Federal
Register, together with a statement of the reasons therefor.
(d) The notice of determination that a product is a low-noise-
emission product shall expire upon publication in the Federal Register
of the Administrator's notice of a decision that a product will not be
certified.
Sec. 203.5 Suitable substitute decision.
(a) If the Administrator determines that a product is a low-noise-
emission product, then within one hundred and eighty (180) days of such
determination, in consultation with the appropriate Federal agencies,
the Administrator will decide whether such product is a suitable
substitute for any class or model or product being purchased by the
Federal Government for use by its agencies. Such decision will be based
upon the data obtained under Sec. 203.2, the Administrator's evaluation
of the data, comments of interested parties, and, as the Administrator
deems appropriate, an actual inspection or test of the product at such
places and times as the Administrator may designate.
(b) In order to compare the data for any class or model of product
with any class or model of product presently being purchased by the
Federal Government for which the applicant seeks to have its product
substituted, the Administrator will enter into appropriate agreements
with other Government agencies to gather the necessary data regarding
such class or model.
(c) Immediately upon making the decision as to whether a product
determined to be a low-noise-emission product is a suitable substitute
for any product or class of products being purchased by the Federal
Government for its use, the Administrator shall publish in the Federal
Register notice of such decision and the reasons therefor.
(d) If the Administrator decides that the product is a suitable
substitute for products being purchased by the Federal Government, he
will issue a certificate that the product is a suitable substitute for a
product or class of products presently being purchased by the Federal
Government and will specify with particularity the product or class of
products for which the certified product is a suitable substitute.
(e) Any certification made under this section shall be effective for
a period of one year from date of issuance.
Sec. 203.6 Contracts for low-noise-emission products.
(a) Data relied upon by the Administrator in determining that a
product is a certified low-noise-emission product will be incorporated
by reference in any contract for the procurement of such product.
(b) A determination of price to the Government of any certified low-
noise-emission product will be made by the Administrator of General
Services in coordination with the appropriate Federal agencies in
accordance with such procedures as he may prescribe and with subsection
c(1) of section 15 of the Act.
Sec. 203.7 Post-certification testing.
The Administrator will, from time to time, as he deems appropriate,
test the emissions of noise from certified low-
[[Page 89]]
noise-emission products purchased by the Federal Government. If at any
time he finds that the noise emission levels exceed the levels on which
certification was based, the Administrator shall give the suppliers of
such product written notice of this finding, publish such findings in
the Federal Register and give the supplier an opportunity to make
necessary repairs, adjustments or replacements. If no repairs,
adjustments or replacements are made within a period to be set by the
Administrator, he may order the supplier to show cause why the product
involved should be eligible for recertification.
Sec. 203.8 Recertification.
(a) A product for which a certificate has been issued may be
recertified for the following year upon reapplication to the
Administrator for this purpose upon such forms as the Administrator may
deem appropriate.
(b) If the applicant supplies information establishing that:
(1) The data previously submitted continues to describe his product
for purpose of certification;
(2) The low-noise-emission product criterion and ``suitable
substitute'' criteria are to be the same during the period
recertification is desired; and
(3) No notice has been issued under Sec. 203.7, then
recertification will be made within 30 days after receipt of an
appropriate recertification application by the Administrator.
PART 204_NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of
Contents
Subpart A_General Provisions
Sec.
204.1 General applicability.
204.2 Definitions.
204.3 Number and gender.
204.4 Inspection and monitoring.
204.5 Exemptions.
204.5-1 Testing exemption.
204.5-2 National security exemptions.
204.5-3 Export exemptions.
Subpart B_Portable Air Compressors
204.50 Applicability.
204.51 Definitions.
204.52 Portable air compressor noise emission standard.
204.54 Test procedures.
204.55 Requirements.
204.55-1 General standards.
204.55-2 Requirements.
204.55-3 Configuration identification.
204.55-4 Labeling.
204.56 Testing by the Administrator.
204.57 Selective enforcement auditing.
204.57-1 Test request.
204.57-2 Test compressor sample selection.
204.57-3 Test compressor preparation.
204.57-4 Testing.
204.57-5 Reporting of test results.
204.57-6 Acceptance and rejection of batches.
204.57-7 Acceptance and rejection of batch sequence.
204.57-8 Continued testing.
204.57-9 Prohibition of distribution in commerce; manufacturer's remedy.
204.58 In-use requirements.
204.58-1 Warranty.
204.58-2 Tampering.
204.58-3 Instructions for maintenance, use, and repair.
204.59 Recall of non-complying compressors.
Appendix I to Part 204
Authority: (42 U.S.C. 4905), 86 Stat. 1237.
Source: 41 FR 2172, Jan. 14, 1976, unless otherwise noted.
Subpart A_General Provisions
Sec. 204.1 General applicability.
The provisions of this subpart are applicable to all products for
which regulations have been published under this part and which are
manufactured after the effective date of such regulations.
Sec. 204.2 Definitions.
(a) As used in this subpart, all terms not defined herein shall have
the meaning given them in the Act.
(1) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86
Stat. 1234).
(2) Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.
(3) Agency means the United States Environmental Protection Agency.
(4) Export exemption means an exemption from the prohibitions of
section 10 (a) (1), (2), (3), and (4) of the Act, granted by statute
under section 10(b)(2) of the Act for the purpose of exporting regulated
products.
(5) National security exemption means an exemption from the
prohibitions of section 10(a) (1), (2), (3), and (5) of the
[[Page 90]]
Act, which may be granted under section 10(b)(1) of the Act for the
purpose of national security.
(6) [Reserved]
(7) Testing exemption means an exemption from the prohibitions of
section 10(a) (1), (2), (3), and (5) of the Act, which may be granted
under section 10(b)(1) of the Act for the purpose of research,
investigations, studies, demonstrations, or training, but not including
national security where lease or sale of the exempted product is
involved.
(8) Warranty means the warranty required by section 6(c)(1) of the
Act.
(9) Tampering means those acts prohibited by section 10(a)(2) of the
Act.
(10) Maintenance instructions means those instructions for
maintenance, use, and repair, which the Administrator is authorized to
require pursuant to section 6(c)(1) of the Act.
(11) Type I Sound Level Meter means a sound level meter which meets
the Type I requirements of American National Standard Specification
S1.4-1971 for sound level meters. This publication is available from the
American National Standards Institute, Inc., 1430 Broadway, New York,
New York 10018.
(12) dBA is the standard abbreviation for A-weighted sound level in
decibels.
(13) Reasonable assistance means providing timely and unobstructed
access to test products or products and records required by this part
and opportunity for copying such records or testing such test products.
(14) Slow meter response means the meter ballistics of meter dynamic
characteristics as specified by American National Standard S1.4-1971 or
subsequent approved revisions.
(15) Sound level means the weighted sound pressure level measured by
the use of a metering characteristic and weighing A, B, or C as
specified in American National Standard Specification for Sound Level
Meters S1.4-1971 or subsequent approved revision. The weighting employed
must be specified, otherwise A-weighting is understood.
(16) Sound pressure level means, in decibels, 20 times the logarithm
to the base ten of the ratio of a sound pressure to the reference sound
pressure of 20 micropascals (20 micronewtons per square meter). In the
absence of any modifier, the level is understood to be that of a root-
mean-square pressure.
(17) Product means any construction equipment for which regulations
have been promulgated under this part and includes ``test product.''
(18) Test product means any product that is required to be tested
pursuant to this part.
[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57711, Dec. 28, 1982]
Sec. 204.3 Number and gender.
As used in this part, words in the singular shall be deemed to
import the plural, and words in the masculine gender shall be deemed to
import the feminine and vice versa, as the case may require.
Sec. 204.4 Inspection and monitoring.
(a) Any inspection or monitoring activities conducted under this
section shall be for the purpose of determining (1) whether test
products are being selected and prepared for testing in accordance with
the provisions of these regulations, (2) whether test product testing is
being conducted in accordance with these regulations, and (3) whether
products being produced for distribution into commerce comply with these
regulations.
(b) The Director, Noise Enforcement Division, may request that a
manufacturer subject to this part admit an EPA Enforcement Officer
during operating hours to any of the following:
(1) Any facility or site where any product to be distributed into
commerce is manufactured, assembled, or stored;
(2) Any facility or site where any tests conducted pursuant to this
part or any procedures or activities connected with such tests are or
were performed; and
(3) Any facility or site where any test product is present.
(c)(1) An EPA Enforcement Officer, once admitted to a facility or
site, will not be authorized to do more than:
(i) To inspect and monitor test product manufacture and assembly,
selection, storage, preconditioning, noise emission testing, and
maintenance, and to verify correlation or calibration of test equipment;
[[Page 91]]
(ii) To inspect products prior to their distribution in commerce;
(iii) [Reserved]
(iv) To inspect and photograph any part or aspect of any such
product and any component used in the assembly thereof that are
reasonably related to the purpose of his entry;
(v) To obtain from those in charge of the facility or site such
reasonable assistance as he may request to enable him to carry out any
proper function listed in this section.
(2) [Reserved]
(3) The provisions of this section apply whether the facility or
site is owned or controlled by the manufacturer or by one who acts for
the manufacturer.
(d) For purposes of this section:
(1) An ``EPA Enforcement Officer'' is an employee of the EPA Office
of Enforcement who displays upon arrival at a facility or site the
credentials identifying him as such an employee and a letter signed by
the Director, Noise Enforcement Division designating him to make the
inspection.
(2) Where test product storage areas or facilities are concerned,
``operating hours'' shall mean all times during which personnel other
than custodial personnel are at work in the vicinity of the area or
facility and have access to it.
(3) Where facilities or areas other than those covered by paragraph
(d)(2) of this section are concerned, ``operating hours'' shall mean all
times during which product manufacture or assembly is in operation or
all times during which product testing or maintenance, production, or
compilation of records is taking place, or any other procedure or
activity related to selective enforcement audit testing or to product
manufacture or assembly is being carried out.
(e) The manufacturer shall admit to a facility or site an EPA
Enforcement Officer who presents a warrant authorizing entry. In the
absence of such warrant, entry to any facility or site under this
section will be only upon the consent of the manufacturer.
(1) It is not a violation of this regulation or the Act for any
person to refuse entry without a warrant.
(2) The Administrator or his designee may proceed ex parte to obtain
a warrant whether or not the manufacturer has refused entry.
(42 U.S.C. 4905, 4912, 86 Stat. 1237-1239, 1244)
[41 FR 2172, Jan. 14, 1976, as amended at 43 FR 27989, June 28, 1978; 47
FR 57711, Dec. 28, 1982]
Sec. 204.5 Exemptions.
Sec. 204.5-1 Testing exemption.
(a) A new product intended to be used solely for research,
investigations, studies, demonstrations or training, and so labeled or
marked on the outside of the container and on the product itself, shall
be exempt from the prohibitions of sections 10(a) (1), (2), (3), and (5)
of the Act.
(b) No request for a testing exemption is required.
(c) For purposes of section 11(d) of the Act any testing exemption
shall be void ab initio with respect to each new product, originally
intended for research, investigations, studies, demonstrations, or
training, but distributed in commerce for other uses.
[47 FR 57711, Dec. 28, 1982]
Sec. 204.5-2 National security exemptions.
(a) A new product which is produced to conform with specifications
developed by a national security agency, and so labeled or marked on the
outside of the container and on the product itself, shall be exempt from
the prohibitions of sections 10(a) (1), (2), (3), and (4) of the Act.
(b) No request for a national security exemption is required.
(c) For purposes of section 11(d) of the Act, any national security
exemption shall be void ab initio with respect to each new product,
originally intended to be produced to conform with specifications
developed by a national security agency but distributed in commerce for
other uses.
(d) Any manufacturer or person subject to the liabilities of section
11(a) with respect to any product originally intended for a national
security agency, but distributed in commerce for use in any State, may
be excluded from the
[[Page 92]]
application of section 11(a) with respect to such product based upon a
showing that such manufacturer:
(1) Had no knowledge of such product being distributed in commerce
for use in any state; and
(2) Made reasonable efforts to ensure that such products would not
be distributed in commerce for use in any State. Such reasonable efforts
would include investigation, prior dealings, contract provisions, etc.
[47 FR 57711, Dec. 28, 1982]
Sec. 204.5-3 Export exemptions.
(a) A new product intended solely for export, and so labeled or
marked on the outside of the container and on the product itself, shall
be exempt from the prohibitions of section 10(a), (1), (2), (3), and (4)
of the Act.
(b) No request for an export exemption is required.
(c) For purposes of section 11(d) of the Noise Control Act, any
export exemption under section 10(b)(2) shall be void ab initio with
respect to each new product intended solely for export which is
distributed in commerce for use in any state.
(d) The Administrator will not institute proceedings against any
manufacturer pursuant to section 11(d)(1) of the Noise Control Act with
respect to any product, originally intended for export, but distributed
in commerce for use in any state, if it is demonstrated to the
Administrator's satisfaction that:
(1) The manufacturer had no knowledge that such product would be
distributed in commerce for use in any state; and
(2) The manufacturer made reasonable efforts to ensure that such
product would not be distributed in commerce for use in any state. Such
reasonable efforts would include consideration of prior dealings with
any person which resulted in introduction into commerce of a product
manufactured for export only, investigation of prior instances known to
the manufacturer of introduction into commerce of a product manufactured
for export only, and contract provisions which minimize the probability
of introduction into commerce of a product manufactured for export only.
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61454, Dec. 5, 1977.
Redesignated at 47 FR 57711, Dec. 28, 1982]
Subpart B_Portable Air Compressors
Sec. 204.50 Applicability.
The provisions of this subpart shall apply to portable air
compressors which are manufactured after the effective dates specified
in Sec. 204.52, and which are ``New Products'' as defined in the Act.
These provisions apply only to portable air compressors with a rated
capacity equal to or above 75 cubic feet per minute which deliver air at
pressures greater than 50 psig. The provisions do not apply to the
pneumatic tools or equipment that the portable air compressor is
designed to power.
Sec. 204.51 Definitions.
(a) Portable air compressor or compressor means any wheel, skid,
truck, or railroad car mounted, but not self-propelled, equipment
designed to activate pneumatic tools. This consists of an air compressor
(air end), and a reciprocating rotary or turbine engine rigidly
connected in permanent alignment and mounted on a common frame. Also
included are all cooling, lubricating, regulating, starting, and fuel
systems, and all equipment necessary to constitute a complete, self-
contained unit with a rated capacity of 75 cfm or greater which delivers
air at pressures greater than 50 psig, but does not include any
pneumatic tools themselves.
(b) Maximum Rated Capacity means that the portable air compressor,
operating at the design full speed with the compressor on load, delivers
its rated cfm output and pressure, as defined by the manufacturer.
(c) Model year means the manufacturer's annual production period
which includes January 1 of such calendar year; Provided, that if the
manufacturer has no annual production period, the term ``model year''
shall mean the calendar year.
[[Page 93]]
(d) Compressor configuration means the basic classification unit of
a manufacturer's product line and is comprised of compressor lines,
models or series which are identical in all material respects with
regard to the parameters listed in Sec. 204.55-3.
(e) Category means a group of compressor configurations which are
identical in all aspects with respect to the parameters listed in
paragraph (c)(1)(i) of Sec. 204.55-2.
(f) [Reserved]
(g) Noise emission test means a test conducted pursuant to the
measurement methodology specified in Sec. 204.54.
(h) Inspection Criteria means the rejection and acceptance numbers
associated with a particular sampling plan.
(i) Acceptable Quality Level (AQL) means the maximum percentage of
failing compressors that, for purposes of sampling inspection can be
considered satisfactory as a process average.
(j) Batch means the collection of compressors of the same category
or configuration, as designated by the Administrator in a test request,
from which a batch sample is to be randomly drawn and inspected to
determine conformance with the acceptability criteria.
(k) Batch sample means the collection of compressors that are drawn
from a batch.
(l) Batch sample size means the number of compressors of the same
category or configuration which is randomly drawn from the batch sample
and which will receive emissions tests.
(m) Test sample means the collection of compressors from the same
category or configuration which is randomly drawn from the batch sample
and which will receive emissions tests.
(n) Batch size means the number, as designated by the Administrator
in the test request, of compressors of the same category or
configuration in a batch.
(o) Test sample size means the number of compressors of the same
configuration in a test sample.
(p) Acceptable of a batch means that the number of non-complying
compressors in the batch sample is less than or equal to the acceptance
number as determined by the appropriate sampling plan.
(q) Rejection of a batch means that the number of non-complying
compressors in the batch sample is greater than or equal to the
rejection number as determined by the appropriate sampling plan.
(r) Acceptance of a batch sequence means that the number of rejected
batches in the sequence is less than or equal to the sequence acceptable
number as determined by the appropriate sampling plan.
(s) Rejection of a batch sequence means that the number of rejected
batches in a sequence is greater than or equal to the sequence rejection
number as determined by the appropriate sampling plan.
(t) Shift means the regular production work period for one group of
workers.
(u) Failing compressor means that the measured noise emissions of
the compressor, when measured in accordance with the applicable
procedure, exceeds the applicable standard.
(v) Acceptance of a compressor means that the measured noise
emissions of the compressor, when measured in accordance with the
applicable procedure, conforms to the applicable standard.
(w) Test Compressor means a compressor used to demonstrate
compliance with the applicable noise emissions standard.
(x) Tampering means those acts prohibited by section 10(a)(2) of the
Act.
(Secs. 6 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244; (42
U.S.C. 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 41635, Aug. 18, 1977; 47
FR 57711, Dec. 28, 1982]
Sec. 204.52 Portable air compressor noise emission standard.
(a) Effective January 1, 1978, portable air compressors with maximum
rated capacity of less than or equal to 250 cubic feet per minute (cfm)
shall not produce an average sound level in excess of 76 dBA when
measured and evaluated according to the methodology provided by this
regulation. Effective July 1, 1978, portable air compressors with
maximum rated capacity greater than 250 cfm shall not produce an average
sound level in excess of 76 dBA
[[Page 94]]
when measured and evaluated according to the methodology provided by
this regulation.
(b) In-Use Standard. [Reserved]
(c) Low Noise Emission Product. [Reserved]
Sec. 204.54 Test procedures.
(a) General. This section prescribes the conditions under which
noise emission standard compliance Selective Enforcement Auditing or
Testing by the Administrator must be conducted and the measurement
procedures that must be used to measure the sound level and to calculate
the average sound level of portable air compressors on which the test is
conducted.
(b) Test site description. The location for measuring noise employed
during noise compliance testing must consist of an open site above a
hard reflecting plane. The reflecting plane must consist of a surface of
sealed concrete or sealed asphalt and must extend one (1) meter beyond
each microphone location. No reflecting surface, such as a building,
signboard, hillside, etc., shall be located within 10 meters of a
microphone location.
(c) Measurement equipment. The measurement equipment must be used
during noise standard compliance testing and must consist of the
following or its equivalent:
(1) A sound level meter and microphone system that conform to the
Type I requirements of American National Standard (ANS) S1.4-1971,
``Specification for Sound Level Meters,'' and to the requirements of the
International Electrotechnical Commission (IEC) Publication No. 179,
``Precision Sound Level Meters.''
(2) A windscreen must be employed with the microphone during all
measurements of portable air compressor noise when the wind speed
exceeds 11 km/hr. The windscreen shall not affect the A-weighted sound
levels from the portable air compressor in excess of 0.5 dB.
(3) The entire acoustical instrumentation system including the
microphone and cable shall be calibrated before each test series and
confirmed afterward. A sound level calibrator accurate to within 0.5 dB
shall be used. A calibration of the instrumentation shall be performed
at least annually using the methodology of sufficient precision and
accuracy to determine compliance with ANS S1.4-1971 and IEC 179. This
calibration shall consist, at a minimum, of an overall frequency
response calibration and an attenuator (gain control) calibration plus a
measurement of dynamic range and instrument noise floor.
(4) An anemometer or other device accurate to within 10 percent
shall be used to measure wind velocity.
(5) An indicator accurate to within 2 percent shall be used to
measure portable air compressor engine speed.
(6) A gauge accurate to within 5 percent shall be used to measure
portable compressor air pressure.
(7) A metering device accurate to within 10 percent shall be used
to measure the portable air compressor compressed air volumetric flow
rate.
(8) A barometer for measuring atmospheric pressure accurate to
within 5 percent.
(9) A thermometer for measuring temperature accurate to within 1
degree.
(d) Portable air compressor operation. The portable air compressor
must be operated at the design full speed with the compressor on load,
delivering its rated flow and output pressure, during noise emission
standard compliance testing. The air discharge shall be provided with a
resistive loading such that no significant pressure drop or throttling
occurs across the compressor discharge valve. The air discharge shall be
piped clear of the test area or fed into an effective silencer. The
sound pressure level due to the air discharge shall be at least 10 dB
below the sound pressure level generated by the portable air compressor.
(e) Test conditions. Noise standard compliance testing must be
carried out under the following conditions:
(1) No rain or other precipitation,
(2) No wind above 19 km/hr,
(3) No observer located within 1 meter, in any direction, of any
microphone location, nor between the test unit and any microphone,
(4) Portable air compressor sound levels, at each microphone
location, 10 dB or greater than the background sound level,
[[Page 95]]
(5) The machine shall have been warmed up and shall be operating in
a stable condition as for continuous service and at its maximum rated
capacity. All cooling air vents in the engine/compressor enclosure,
normally open during operation, shall be fully open during all sound
level measurements. Service doors that should be closed during normal
operation (at any and all ambient temperatures) shall be closed during
all sound level measurements.
(f) Microphone locations. Five microphone locations must be employed
to acquire portable air compressor sound levels to test for noise
standard compliance. A microphone must be located 7 .1 meters from the
right, left, front, and back sides and top of the test unit. The
microphone position to the right, left, front, and back sides of the
test unit must be located 1.5 .1 meters above the reflecting plane.
(g) Data required. The following data must be acquired during noise
emission standard compliance testing:
(1) A-weighted sound level at one microphone location prior to
operation of the test unit and at all microphone locations during test
unit operations, as defined in paragraph (d) of this section.
(2) Portable air compressor engine speed.
(3) Portable air compressor compressed gas pressure.
(4) Portable air compressor flow rate.
(5) All other data contained in Appendix I, Table IV.
(h) Calculation of average sound level. The average A-weighted sound
level from measurements at the specified microphone locations must be
calculated by the following method:
L=10 log (1/5[Antilog L1/10+Antilog L2/10+Antilog
L3/10+ Antilog L4/10+ Antilog L5/10])
Where:
L=The average A-weighted sound level (in decibels)
L1=The A-weighted sound level (in decibels) at microphone
position 1
L2=The A-weighted sound level (in decibels) at microphone
position 2
L3=The A-weighted sound level (in decibels) at microphone
position 3
L4=The A-weighted sound level (in decibels) at microphone
position 4
L5=The A-weighted sound level (in decibels) at microphone
position 5
(i) The Administrator may approve applications from manufacturers of
portable air compressors for the approval of test procedures which
differ from those contained in this part so long as the alternate
procedures have been demonstrated to correlate with the prescribed
procedure. To be acceptable, alternate testing procedures shall be such
that the test results obtained will identify all those test units which
would not comply with the noise emission limit prescribed in Sec.
204.52 when tested in accordance with the procedures contained in Sec.
204.54 (a) through (h). Tests conducted by manufacturers under approved
alternate procedures may be accepted by the Administrator for all
purposes.
(j) Presentation of information. All information required by this
section may be recorded using the format recommended on the Noise Data
Sheet shown in Appendix I, Table IV.
[41 FR 2172, Jan. 14, 1976, as amended at 41 FR 8347, Feb. 26, 1976; 47
FR 57711, Dec. 28, 1982]
Sec. 204.55 Requirements.
Sec. 204.55-1 General standards.
(a) Every new compressor manufactured for distribution in commerce
in the United States which is subject to the standards prescribed in
this subpart and not exempted in accordance with Sec. 204.5:
(1) Shall be labeled in accordance with the requirements of Sec.
204.55-4.
(2) Shall conform to the applicable noise emission standard
established in Sec. 204.52
(b) [Reserved]
[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57711, Dec. 28, 1982]
Sec. 204.55-2 Requirements.
(a)(1) Prior to distribution in commerce, compressors of a specific
configuration must verify such configurations in accordance with this
subpart.
(2) [Reserved]
(3) At any time with respect to a configuration under this subpart,
the Administrator may require that the manufacturer ship test
compressors to an
[[Page 96]]
EPA test facility in order for the Administrator to perform the tests
required for production verification.
(b) The requirements for purposes of testing by the Administrator
and Selective Enforcement Auditing consist of:
(1) Testing in accordance with Sec. 204.54 of a compressor selected
in accordance with Sec. 204.57-2; and
(2) Compliance of the test compressor with the applicable standards
when tested in accordance with Sec. 204.54.
(c)(1) In lieu of testing compressors of every configuration, as
described in paragraph (b) of this section, the manufacturer may elect
to verify the configuration based on representative testing, the
requirements of which consist of:
(i) Grouping configurations into a category where each category will
be determined by a separate combination of at least the following
parameters (a manufacturer may use more parameters):
(A) Engine type.
(1) Gasoline--two stroke cycle
(2) Gasoline--four stroke cycle
(3) Diesel--two stroke cycle
(4) Diesel--four stroke cycle
(5) Rotary--Wankel
(6) Turbine
(7) Other
(B) Engine manufacturer
(C) Compressor delivery rate (at rated pressure)
(ii) Identifying the configuration within each category which emits
the highest sound level in dBA based on best technical judgment,
emission test data, or both.
(iii) Testing in accordance with Sec. 204.54 selected in accordance
with Sec. 204.57-2 which must be a compressor of the configuration
which is identified pursuant to paragraph (c)(1)(iii) of this section as
having the highest sound level (estimated or actual) within the
category.
(iv) Compliance of the test compressor with applicable standards
when tested in accordance with Sec. 204.54.
(2) Where the requirements of paragraph (c)(1) of this section are
complied with, all those configurations contained within a category are
considered represented by the tested compressor.
(3) Where the manufacturer tests a compressor configuration which
has not been determined as having the highest sound level of a category,
but all other requirements of paragraph (c)(1) of this section are
complied with, all those configurations contained within that category
which are determined to have sound levels no greater than the tested
compressor are considered to be represented by the tested compressor:
However, a manufacturer must for purposes of Testing by the
Administrator and Selective Enforcement Auditing verify according to the
requirements of paragraph (b)(1) and/or (c)(1) of this section any
configurations in the subject category which have a higher sound level
than the compressor configuration tested.
(d) A manufacturer may elect for purposes of Testing by the
Administrator and Selective Enforcement Auditing to use representative
testing, pursuant to paragraph (c) of this section, all or part of his
product line.
(e) The manufacturer may, at his option, proceed with any of the
following alternatives with respect to any compressor determined not in
compliance with applicable standards:
(1) In the case of representative testing, a new test compressor
from another configuration must be selected according to the
requirements of paragraph (c) of this section in order to verify the
configurations represented by the non-compliant compressor.
(2) Modify the test compressor and demonstrate by testing that it
meets applicable standards. The manufacturer must modify all production
compressors of the same configuration in the same manner as the test
compressor before distribution into commerce.
(Secs. 6 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244; (42
U.S.C. 4912); 42 U.S.C. 4905; 86 Stat. 1237 and secs. 6, 10, 11, 13,
Pub. L. 92-574, 86 Stat. 1234 (42 U.S.C. 4905, 4909, 4910, 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47
FR 57711, Dec. 28, 1982; 49 FR 26738, June 29, 1984]
Sec. 204.55-3 Configuration identification.
(a) A separate compressor configuration shall be determined by each
combination of the following parameters:
[[Page 97]]
(1) The compressor type (screw, sliding vane, etc.).
(2) Number of compressor stages.
(3) Maximum pressure (psi).
(4) Air intake system of compressor:
(i) Number of filters;
(ii) Type of filters.
(5) The engine system:
(i) Number of cylinders and configuration (L-6, V-8, V-12);
(ii) Displacement;
(iii) Horsepower;
(iv) Full load rpm.
(6) Type cooling system, e.g., air cooled, water cooled.
(7) Fan:
(i) Diameter;
(ii) Maximum fan rpm.
(8) The compressor enclosure:
(i) Height, length, and width;
(ii) Acoustic material manufacturer, type, part number.
(9) The induction system (engine):
(i) Natural;
(ii) Turbocharged.
(10) The muffler:
(i) Manufacturer;
(ii) Manufacturer part number;
(iii) Quantity of mufflers used;
(11) Category parameters listed at Sec. 204.55-2.
Sec. 204.55-4 Labeling.
(a)(1) The manufacturer of any compressor subject to the standards
prescribed in Sec. 204.52 shall, at the time of manufacture, affix a
permanent, legible label, of the type and in the manner described below,
containing the information hereinafter provided, to all such compressors
to be distributed in commerce.
(2) The label shall be permanently attached, in a readily visible
position, on the compressor enclosure.
(3) The label shall be affixed by the compressor manufacturer, who
has verified such compressor, in such a manner that it cannot be removed
without destroying or defacing the label, and shall not be affixed to
any equipment that is easily detached from such compressor.
(4) Labels for compressors not manufactured solely for use outside
the United States shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(i) The label heading: Compressor Noise Emission Control
Information;
(ii) Full corporate name and trademark of manufacturer;
(iii) Date of manufacture, which may consist of a serial number or
code in those instances where records are specified and maintained.
(iv) The statement:
This Compressor Conforms to U.S. E.P.A. Regulations for Noise
Emissions Applicable to Portable Air Compressors. The following acts or
the causing thereof by any person are prohibited by the Noise Control
Act of 1972:
(A) The removal or rendering inoperative, other than for the purpose
of maintenance, repair, or replacement, of any noise control device or
element of design (listed in the owner's manual) incorporated into this
compressor in compliance with the Noise Control Act;
(B) The use of this compressor after such device or element of
design has been removed or rendered inoperative.
(b) Compressors manufactured solely for use outside the United
States shall be clearly labeled ``For Export Only.''
(Secs. 6, 13, Pub. L. 92-574, (42 U.S.C. 4912); 42 U.S.C. 4905; 86 Stat.
1237 and secs. 6, 10, 11, 13, Pub. L. 92-574, 86 Stat. 1234 (42 U.S.C.
4905, 4909, 4910, 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977.
Redesignated at 47 FR 57712, Dec. 28, 1982, and amended at 49 FR 26738,
June 29, 1984]
Sec. 204.56 Testing by the Administrator.
(a)(1) The Administrator may require that any compressor tested or
scheduled to be tested pursuant to these regulations or any other
untested compressors be submitted to him, at such place and time as he
may designate, for the purpose of conducting tests in accordance with
the test procedures described in Sec. 204.54 to determine whether such
compressors conform to applicable regulations.
(2) The Administrator may specify that he will conduct such testing
at the manufacturer's facility, in which case instrumentation and
equipment of the type required by these regulations shall be made
available by the manufacturer for test operations. The Administrator may
conduct such tests with his own equipment, which shall be equal to or
exceed the performance
[[Page 98]]
specifications of the instrumentation or equipment specified by the
Administrator in these regulations.
(b)(1) If, based on tests conducted by the Administrator or other
relevant information, the Administrator determines that the test
facility does not meet the requirements of Sec. 204.54-1 (a) and (b) he
will notify the manufacturer in writing of his determination and the
reasons therefor.
(2) The manufacturer may at any time within 15 days after receipt of
a notice issued under paragraph (b)(1) of this section request a hearing
conducted in accordance with 5 U.S.C. 554 on the issue of whether his
test facility was in conformance. Such notice will not take effect until
15 days after receipt by the manufacturer, or if a hearing is requested
under this paragraph, until adjudication by the hearing examiner.
(3) After any notification issued under paragraph (b)(1) of this
section has taken effect, no data thereafter derived from such test
facility will be acceptable for purposes of this part.
(4) The manufacturer may request in writing that the Administrator
reconsider this determination under paragraph (b)(1) of this section
based on data or information which indicates that changes have been made
to the test facility and such changes have resolved the reasons for
disqualification.
(5) The Administrator will notify the manufacturer of his
determination and an explanation of the reasons underlying it with
regard to the requalification of the test facility within 10 working
days after receipt of the manufacturer's request for reconsideration
pursuant to paragraph (b)(4) of this section.
(Secs. 6, 13, Pub. L. 92-574 (42 U.S.C. 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977]
Sec. 204.57 Selective enforcement auditing.
Sec. 204.57-1 Test request.
(a) The Administrator will request all testing under this subpart by
means of a test request addressed to the manufacturer.
(b) [Reserved]
(c) The test request will specify the compressor category or
configuration selected for testing, the batch from which sampling is to
begin, for testing and the batch size, the manufacturer's plant or
storage facility from which the compressors must be selected, and the
time at which compressors must be selected. The test request will also
provide for situations in which the selected configuration or category
is unavailable for testing. The test request may include an alternative
category or configuration selected for testing in the event that
compressors of the first specified category or configuration are not
available for testing because the compressors are not being manufactured
at the specified plant and/or are not being manufactured during the
specified time or not being stored at the specified plant or storage
facility.
(d) Any manufacturer shall, upon receipt of the test request, select
and test a batch sample of compressors from two consecutively produced
batches of the compressor category or configurations specified in the
test request in accordance with these regulations and the conditions
specified in the test request.
(e)(1) Any testing conducted by the manufacturer pursuant to a test
request shall be initiated within such period as is specified in the
test request; Except, that such initiation may be delayed for increments
of 24 hours or one business day where ambient test site weather
conditions in any 24-hour period do not permit testing: Provided, That
ambient test site weather conditions for that period are recorded.
(2) The manufacturer shall complete noise emission testing on a
minimum of five compressors per day, unless otherwise provided for by
the Administrator or unless ambient test site conditions only permit the
testing of a lesser number: Provided, That ambient test site weather
conditions for that period are recorded.
(3) The manufacturer will be allowed 24 hours to ship compressors
from a batch sample from the assembly plant to the testing facility if
the facility is not located at the plant or in close proximity to the
plant; Except, that the Administrator may approve more
[[Page 99]]
time based upon a request by the manufacturer accompanied by a
satisfactory justification.
(f) The Administrator may issue an order to the manufacturer to
cease to distribute into commerce compressors of a specified category or
configuration being manufactured at a particular facility if:
(1) The manufacturer refuses to comply with the provisions of a test
request issued by the Administrator pursuant to this section; or
(2) The manufacturer refuses to comply with any of the requirements
of this section.
(g) A cease-to-distribute order shall not be issued under paragraph
(f) of this section if such refusal is caused by conditions and
circumstances outside the control of the manufacturer which render it
impossible to comply with the provisions of a test request or any other
requirements of this section. Such conditions and circumstances shall
include, but are not limited to, any uncontrollable factors which result
in the temporary unavailability of equipment and personnel needed to
conduct the required tests, such as equipment breakdown or failure or
illness of personnel, but shall not include failure of the manufacturer
to adequately plan for and provide the equipment and personnel needed to
conduct the tests. The manufacturer will bear the burden of establishing
the presence of the conditions and circumstances required by this
paragraph.
(h) Any such order shall be issued only after a notice and
opportunity for a hearing in accordance with section 554 of Title 5 of
the United States Code.
(Secs. 6, 11 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244;
(42 U.S.C. 4910 and 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 41635, Aug. 18, 1977; 42
FR 61455, Dec. 5, 1977; 47 FR 57712, Dec. 28, 1982]
Sec. 204.57-2 Test compressor sample selection.
(a) Compressors comprising the batch sample which are required to be
tested pursuant to a test request in accordance with this subpart will
be randomly selected from a batch of compressors of the category or
configuration specified in the test request. The random selection will
be achieved by sequentially numbering all of the compressors in the
batch and then using a table of random numbers to select the number of
compressors, as specified in paragraph (c) of this section, based on the
batch size designated by the Administrator in the test request. An
alternative selection plan may be used by a manufacturer: Provided, That
such a plan is approved by the Administrator.
(b) The Acceptable Quality Level is 10 percent. The appropriate
sampling plans associated with the designated AQL are contained in
Appendix I, Table II.
(c) The appropriate batch sample size will be determined by
reference to Appendix I, Tables I and II. A code letter is obtained from
Table I based on the batch size designated by the Administrator in a
test request. The batch sample size will be equal to the maximum
cumulative sample size as listed in Table II for the appropriate code
letter obtained from Table I plus an additional ten percent rounded off
to the next highest number.
(d) Individual compressors comprising the test sample will be
randomly selected from the batch sample using the same random selection
plan as in paragraph (a) of this section. Test sample size will be
determined by entering Table II.
(e) The test compressor of the category or configuration selected
for testing shall have been assembled by the manufacturer for
distribution in commerce using the manufacturers normal production
process.
(f) Unless otherwise indicated in the test request, the manufacturer
will select the batch sample from the production batch next scheduled
after receipt of the test request of the category or configuration
specified in the test request.
(g) Unless otherwise indicated in the test request, the manufacturer
shall select the compressors designated in the test request for testing.
(h) At their discretion, EPA Enforcement Officers, rather than the
manufacturer, may select the compressors designated in the test request.
[[Page 100]]
(i) The manufacturer will keep on hand all compressors in the batch
sample until such time as the batch is accepted or rejected in
accordance with Sec. 204.57-6; Except, that compressors actually tested
and found to be in conformance with these regulations need not be kept.
Sec. 204.57-3 Test compressor preparation.
(a) Prior to the official test, the test compressor selected in
accordance with Sec. 204.57-2 shall not be prepared, tested, modified,
adjusted, or maintained in any manner unless such adjustments,
preparations, modifications and/or tests are part of the manufacturer's
prescribed manufacturing and inspection procedures and are documented in
the manufacturer's internal compressor assembly and inspection
procedures or unless such adjustments and/or tests are required or
permitted under this subpart or are approved in advance by the
Administrator. The manufacturer may perform adjustments, preparations,
modifications and/or tests normally performed by a dealer to prepare the
compressor for delivery to a customer or the adjustments, preparations,
modifications and/or tests normally performed at the port-of-entry by
the manufacturer to prepare the compressor for delivery to a dealer or
customer.
(b) Equipment of fixtures necessary to conduct the test may be
installed on the compressor: Provided, That such equipment of fixtures
shall have no effect on the noise emissions of the compressor, as
determined by the appropriate measurement methodology.
(c) In the event of compressor manfunction (i.e., failure to start,
misfiring cylinder, etc.), the manufacturer may perform the maintenance
necessary to enable the compressor to operate in a normal manner.
(d) No quality control, testing, assembly, or selection procedures
shall be used on the completed test compressor or any portion thereof,
including parts and subassemblies, that will not normally be used during
the production and assembly of all other compressors of that category
which will be distributed in commerce, unless such procedures are
required or permitted under this subpart or are approved in advance by
the Administrator.
[47 FR 57712, Dec. 28, 1982]
Sec. 204.57-4 Testing.
(a) The manufacturer shall conduct one valid test in accordance with
the test procedures specified in Sec. 204.54 for each compressor
selected for testing pursuant to this subpart.
(b) No maintenance will be performed on test compressors, except as
provided for by Sec. 204.57-3. In the event a compressor is unable to
complete the emission test, the manufacturer may replace the compressor.
Any replacement compressor will be a production compressor of the same
configuration, and the replacement compressor will be randomly selected
from the batch sample and will be subject to all the provisions of these
regulations.
Sec. 204.57-5 Reporting of test results.
(a)(1) The manufacturer shall submit a copy of the test report for
all testing conducted pursuant to Sec. 204.57 at the conclusion of each
twenty-four hour period during which testing is done.
(2) For each test conducted the manufacturer will provide the
following information:
(i) Configuration and category identification, where applicable.
(ii) Year, make, assembly date, and model of compressor.
(iii) Compressor serial number.
(iv) Test results by serial numbers
(3) The first test report for each batch sample will contain a
listing of all serial numbers in that batch.
(b) In the case where an EPA Enforcement Officer is present during
testing required by this subpart, the written reports requested in
paragraph (a) of this section may be given directly to the Enforcement
Officer.
(c) Within five days after completion of testing of all compressors
in a batch sample, the manufacturer shall submit to the Administrator a
final report which will include the information required by the test
request in the format as stipulated, in addition to the following:
(1) The name, location, and description of the manufacturer's noise
test facilities which meet the specifications of Sec. 204.54 and were
utilized to conduct
[[Page 101]]
testing reported pursuant to this section; except, that a test facility
that has been described in a previous submission under this subpart need
not be described again but must be identified as such.
(2) A description of the random compressor selection method used,
referencing any tables of random numbers that were used, and the name of
the person in charge of the random number selection.
(3) The following information for each test conducted:
(i) The completed data sheet required by Sec. 204.54 for all noise
emission tests including, for each invalid test, the reason for
invalidation.
(ii) A complete description of any modification, repair,
preparation, maintenance, and/or testing which was performed on the test
compressor and will not be performed on all other production
compressors.
(iii) The reason for the replacement, where a replacement compressor
was authorized by the Administrator, and, if any, the test results for
replaced compressors.
(4) The following statement and endorsement:
This report is submitted pursuant to section 6 and section 13 of the
Noise Control Act of 1972. All testing for which data is reported herein
was conducted in strict conformance with applicable regulations under 40
CFR Part 204 et seq. All the data reported herein are a true and
accurate representation of such testing. All other information reported
herein is, to the best of (company) knowledge true and accurate. I am
aware of the penalties associated with violations of the Noise Control
Act of 1972 and the regulations thereunder.
(authorized representative)
(d) All information required to be forwarded to the Administrator
pursuant to this section shall be addressed to Director, Noise
Enforcement Division (EN-387), U.S. Environmental Protection Agency,
Washington, DC 20460.
(Secs. 6 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244 (42
U.S.C. 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 41635, Aug. 18, 1977; 43
FR 38705, Aug. 30, 1978]
Sec. 204.57-6 Acceptance and rejection of batches.
(a) A failing compressor is one whose measured sound level is in
excess of the applicable noise emission standard.
(b) The batch from which a batch sample is selected will be accepted
or rejected based upon the number of failing compressors in the batch
sample. A sufficient number of test samples will be drawn from the batch
sample until the cumulative number of failing compressors is less than
or equal to the acceptance number or greater than or equal to the
rejection number appropriate for the cumulative number of compressors
tested. The acceptance and rejection numbers listed in Appendix I, Table
II at the appropriate code letter obtained according to Sec. 204.57-2
will be used in determining whether the acceptance or rejection of a
batch has occurred.
(c) Acceptance or rejection of a batch takes place when a decision
is made on the last compressor required to make a decision under
paragraph (b) of this section.
Sec. 204.57-7 Acceptance and rejection of batch sequence.
(a) The manufacturer will continue to inspect consecutive batches
until the batch sequence is accepted or rejected. The batch sequence
will be accepted or rejected based upon the number of rejected batches.
A sufficient number of consecutive batches will be inspected until the
cumulative number of rejected batches is less than or equal to the
sequence acceptance number or greater than or equal to the sequence
rejection number appropriate for the cumulative number of batches
inspected. The acceptance and rejection numbers listed in Appendix I,
Table III at the appropriate code letter obtained according to Sec.
204.57-2 will be used in determining whether the acceptance or rejection
of a batch sequence has occurred.
(b) Acceptance or rejection of a batch sequence takes places when
the decision is made on the last compressor required to make a decision
under paragraph (a) of this section.
(c) If the batch sequence is accepted, the manufacturer will not be
required to perform any additional testing on
[[Page 102]]
compressors from subsequent batches pursuant to the initiating test
request.
(d) The Administrator may terminate testing earlier than required in
paragraph (b) of this section based on a request by the manufacturer
accompanied by voluntary cessation of distribution in commerce, from all
plants, of compressors from the configuration in question: Provided,
That once production is reinitiated, the manufacturer must take the
action described in Sec. 204.57-9 (a)(1) and (a)(2) prior to
distribution in commerce of any compressors from any plant of the
compressor category or configuration in question.
Sec. 204.57-8 Continued testing.
(a) If a batch sequence is rejected in accordance with paragraph (b)
of Sec. 204.57-7, the Administrator may require that any or all
compressors of that category, configuration or subgroup thereof produced
at that plant be tested before distribution in commerce.
(b) The Administrator will notify the manufacturer in writing of his
intent to require such continued testing of compressors pursuant to
paragraph (a) of this section.
(c) The manufacturer may request a hearing on the issues of whether
the selective enforcement audit was conducted properly; whether the
criteria for batch sequence rejection in Sec. 204.57-7 have been met;
and, the appropriateness or scope of a continued testing order. In the
event that a hearing is requested, the hearing shall begin no later than
15 days after the date on which the Administrator received the hearing
request. Neither the request for a hearing nor the fact that a hearing
is in progress shall affect the responsibility of the manufacturer to
commence and continue testing required by the Administrator pursuant to
paragraph (a) of this section.
(d) Any tested compressor which demonstrates conformance with the
applicable standards may be distributed into commerce.
(e) Any knowing distribution into commerce of a compressor which
does not comply with the applicable standards is a prohibited act.
(Sec. 6, 13, Pub. L. 92-574 (42 U.S.C. 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 44
FR 54295, Sept. 19, 1979]
Sec. 204.57-9 Prohibition of distribution in commerce; manufacturer's
remedy.
(a) The Administrator will permit the cessation of continued testing
under Sec. 204.57-8 once the manufacturer has taken the following
actions:
(1) Submit a written report to the Administrator which identifies
the reason for the noncompliance of the compressors, describes the
problem, and describes the proposed quality control and/or quality
assurance remedies to be taken by the manufacturer to correct the
problem or follows the requirements for an engineering change. Such
requirements include the following:
(i) Any change to a configuration with respect to any of the
parameters stated in Sec. 204.55-3 shall constitute the addition of a
new and separate configuration or category to the manufacturer's product
line.
(ii) When a manufacturer introduces a new category or configuration
to his product line, he shall proceed in accordance with Sec. 204.55-2.
(iii) If the configuration to be added can be grouped within a
verified category and the new configuration is estimated to have a lower
sound level than a previously verified configuration with the same
category, the configuration shall be considered verified.
(2) Demonstrates that the specified compressor category,
configuration or subgroup thereof has passed a retest conducted in
accordance with Sec. 204.57 and the conditions specified in the initial
test request.
(3) The manufacturer may begin testing under paragraph (a)(2) of
this section, upon submitting such report, and may cease continued
testing upon making the demonstration required by paragraph (a)(2) of
this section: Provided, That the Administrator may require resumption of
contined testing if he determines that the manufacturer has not
satisfied the requirements of paragraphs (a) (1) and (2) of this
section.
[[Page 103]]
(4) In lieu of paragraphs (a) (1) and (2) of this section, the
Administrator will permit the cessation of continued testing under Sec.
204.57-8 with respect to any subgroup of a nonconforming category or
configuration if the manufacturer demonstrates to the satisfaction of
the Administrator that such subgroup does not exhibit the cause of the
nonconformity of such category or configuration.
(b) Any compressor failing the prescribed noise emission tests
conducted pursuant to this Subpart B may not be distributed in commerce
until necessary adjustments or repairs have been made and the compressor
passes a retest.
(c) No compressors of a rejected batch which are still in the hands
of the manufacturer may be distributed in commerce unless the
manufacturer has demonstrated to the satisfaction of the Administrator
that such compressors do, in fact, conform to the regulations; except,
that any compressor that has been tested and does, in fact, conform with
these regulations may be distributed in commerce.
(Secs. 6, 10, 13, Pub. L. 92-574 (42 U.S.C. 4909 and 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47
FR 57712, Dec. 28, 1982]
Sec. 204.58 In-use requirements.
Sec. 204.58-1 Warranty.
(a) The portable air compressor manufacturer shall include in the
owner's manual or in other information supplied to the ultimate
purchaser, the following statement:
Noise Emissions Warranty
The manufacturer warrants to the ultimate purchaser and each
subsequent purchaser that this air compressor was designed, built, and
equipped to conform at the time of sale to the first retail purchaser,
with all applicable U.S. E.P.A. noise control regulations.
This warranty is not limited to any particular part, component, or
system of the air compressor. Defects in the design, assembly, or in any
part, component, or system of the compressor which, at the time of sale
to the first retail purchaser, caused noise emissions to exceed Federal
standards are covered by this warranty for the life of the air
compressor.
(b) [Reserved]
(Secs. 6 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244 (42
U.S.C. 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57712, Dec. 28, 1982]
Sec. 204.58-2 Tampering.
(a) For each configuration of air compressors covered by this part,
the manufacturer shall develop a list of those acts which, in his
judgment, might be done to the air compressor in use and which would
constitute the removal or rendering inoperative of noise control devices
or elements of design of the compressor.
(b) The manufacturer shall include in the owner's manual the
following information:
(1) The statement:
Tampering With Noise Control System Prohibited
Federal law prohibits the following acts or the causing thereof:
(1) The removal or rendering inoperative by any persons, other than
for purposes of maintenance, repair, or replacement, of any devices or
element of design incorporated into any new compressor for the purpose
of noise control prior to its sale or delivery to the ultimate purchaser
or while it is in use; or (2) the use of the compressor after such
device or element of design has been removed or rendered inoperative by
any person.
(2) The statement:
Among those acts included in the prohibition against tampering are
the acts listed below.
Immediately following this statement, the manufacturer shall include the
list developed under paragraph (a) of this section.
(c) Any act included in the list prepared pursuant to paragraph (a)
of this section is presumed to constitute tampering; however, in any
case in which a proscribed act has been committed and it can be shown
that such act resulted in no increase in the sound level of the
compressor or that the compressor still meets the noise emission
standard of Sec. 204.52, such set will not constitute tampering.
[[Page 104]]
(d) The provisions of this section are not intended to preclude any
State or local jurisdiction from adopting and enforcing its own
prohibitions against the removal or rendering inoperative of noise
control systems on compressors subject to this part.
(Secs. 6 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244 (42
U.S.C. 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57713, Dec. 28, 1982]
Sec. 204.58-3 Instructions for maintenance, use, and repair.
(a)(1) The manufacturer shall provide to the ultimate purchaser of
each portable air compressor covered by this part written instructions
for the proper maintenance, use, and repair of the compressor in order
to provide reasonable assurance of the elimination or minimization of
noise emission degradation throughout the life of the compressor.
(2) The purpose of the instructions is to inform purchasers and
mechanics of those acts necessary to reasonably assure that degradation
of noise emission levels is eliminated or minimized during the life of
the compressor. Manufacturers should prepare the instructions with this
purpose in mind. The instructions should be clear and, to the extent
practicable, written in non-technical language.
(3) The instructions must not be used to secure an unfair
competitive advantage. They should not restrict replacement equipment to
original equipment or service to dealer service. Manufacturers who so
restrict replacement equipment must make public any performance
specifications on such equipment.
(b) For the purpose of encouraging proper maintenance, the
manufacturer shall provide a record or log book which shall contain a
performance schedule for all required noise emission control
maintenance. Space shall be provided in this record book so that the
purchaser can note what maintenance was done, by whom, where and when.
(Secs. 6, 13, Pub. L. 92-574 (42 U.S.C. 4912))
[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57713, Dec. 28, 1982]
Sec. 204.59 Recall of non-complying compressors.
(a) Pursuant to section 11(d)(1) of the Act, the Administrator may
issue an order to the manufacturer to recall and repair or modify any
compressor distributed in commerce not in compliance with this subpart.
(b) A recall order issued pursuant to this section shall be based
upon a determination by the Administrator that compressors of a
specified category or configuration have been distributed in commerce
which do not conform to the regulations. Such determination may be based
on:
(1) A technical analysis of the noise emission characteristics of
the category or configuration in question; or
(2) Any other relevant information, including test data.
(c) For the purposes of this section, noise emissions may be
measured by any test prescribed in Sec. 204.54 for testing prior to
sale or any other test which has been demonstrated to correlate with the
prescribed test procedure.
(d) Any such order shall be issued only after notice and an
opportunity for a hearing in accordance with section 554 of Title 5 of
the United States Code.
(e) All costs, including labor and parts, associated with the recall
and repair or modification of non-complying compressors under this
section shall be borne by the manufacturer.
(f) This section shall not limit the discretion of the Administrator
to take any other actions which are authorized by the Act.
(Secs. 6, 11, Pub. L. 92-574 (42 U.S.C. 4910))
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61456, Dec. 5, 1977]
Sec. Appendix I to Part 204
Table I--Sample Size Code Letters
------------------------------------------------------------------------
Batch size Code letter
------------------------------------------------------------------------
4 to 8....................................... A.
9 to 15...................................... B.
16 to 25..................................... C.
26 and larger................................ D.
------------------------------------------------------------------------
[[Page 105]]
Table II--Sampling Plans for Inspecting Batches
----------------------------------------------------------------------------------------------------------------
Batch inspection
Test Cumulative criteria
Sample size code letter Test sample sample test -----------------------
size sample Acceptance Rejection
size number number
----------------------------------------------------------------------------------------------------------------
A..................................... 1st..................... 4 4 0 1
B..................................... 1st..................... 3 3 0 1
C..................................... 1st..................... 3 3 0 2
2d...................... 3 6 1 2
D..................................... 1st..................... 2 2 (\1\) 2
2d...................... 2 4 (\1\) 2
3d...................... 2 6 0 2
4th..................... 2 8 0 3
5th..................... 2 10 1 3
6th..................... 2 12 1 3
7th..................... 2 14 2 3
----------------------------------------------------------------------------------------------------------------
\1\ Batch acceptance not permitted at this sample size.
Table III--Batch Sequence Plans
----------------------------------------------------------------------------------------------------------------
Sequence inspection
Cumulative criteria
Sample size code letter Number number -----------------------
batches batches Acceptance Rejection
number number
----------------------------------------------------------------------------------------------------------------
A............................................................... 2 2 1 (\1\)
2 4 2 4
2 6 3 5
2 8 4 5
B............................................................... 2 2 0 (\1\)
2 4 1 4
2 6 2 5
2 8 3 5
2 10 4 6
2 12 5 6
C............................................................... 2 2 (\2\) 2
2 4 0 2
2 6 0 3
2 8 1 3
2 10 2 4
2 12 3 4
D............................................................... 2 2 0 2
2 4 1 3
2 6 2 4
2 8 3 4
----------------------------------------------------------------------------------------------------------------
\1\ Batch sequence rejection not permitted for this number of batches.
\2\ Batch sequence acceptance not permitted for this number of batches.
Table IV--Recommended Format for Portable Air Compressor Noise Data Sheet
Test report number:............ ..................
Subject:
Manufacturer:.................................... Model:............. Serial No.:....... ..................
Rated speed:................. Rpm:.............. Rated capacity:.... .................. cfm (m\3\/in).
Configuration identification:.................... Category .................. ..................
identification:.
Portable air compressor identification No.:...... Build date:........ .................. ..................
Test conditions:
Manufacturer's test site identification and location:..................................... ..................
Reflecting plane composition:............................................................. ..................
Operating speed as tested:
Beginning of test.......... rpm
End of test................ rpm
Air pressure supplied:....... psi (kg/cm\2\) Ambient wind speed--
----mph (km/hr).
Actual flow rate:............ cfm (m\3\/min.) Atmospheric
pressure------psi
(kg/cm\2\).
Temperature:................. F (C)
Instrumentation:
Microphone Manufacturer:......................... Model No.:......... Serial No.:....... ..................
Sound Level Meter Manufacturer:.................. Model No.:......... Serial No.:....... ..................
Calibrator Manufacturer:......................... Model No.:......... Serial No.:....... ..................
[[Page 106]]
Other and Manufacturer:.......................... Model No.:......... Serial No.:....... ..................
Data:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Location
----------------------------------------------------------------------------------------
Background sound level Average
Sound levels (decibels) at location 1 (decibels) sound
1 2 3 4 5 level
(decibels)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-Weighted
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tested by:......................................................................................................... Date:.................. ..........
Reported by:....................................................................................................... Date:.................. ..........
Supervisory personnel:.................................................................... Title:................. ....................... ..........
....... ....... ....... Title:................. ....................... ..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
PART 205_TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A_General Provisions
Sec.
205.1 General applicability.
205.2 Definitions.
205.3 Number and gender.
205.4 Inspection and monitoring.
205.5 Exemptions.
205.5-1 Testing exemption.
205.5-2 National security exemptions.
205.5-3 Export exemptions.
Subpart B_Medium and Heavy Trucks
205.50 Applicability.
205.51 Definitions.
205.52 Vehicle noise emission standards.
205.54 Test procedures.
205.54-1 Low speed sound emission test procedures.
205.54-2 Sound data acquisition system.
205.55 Requirements.
205.55-1 General requirements.
205.55-2 Compliance with standards.
205.55-3 Configuration identification.
205.55-4 Labeling-compliance.
205.55-5 Labeling-exterior. [Reserved]
205.56 Testing by the Administrator.
205.57 Selective enforcement auditing requirements.
205.57-1 Test request.
205.57-2 Test vehicle sample selection.
205.57-3 Test vehicle preparation.
205.57-4 Testing procedures.
205.57-5 Reporting of the test results.
205.57-6 Acceptance and rejection of batches.
205.57-7 Acceptance and rejection of batch sequence.
205.57-8 Continued testing.
205.57-9 Prohibition on distribution in commerce; manufacturer's remedy.
205.58 In-use requirements.
205.58-1 Warranty.
205.58-2 Tampering.
205.58-3 Instructions for maintenance, use and repair.
205.59 Recall of noncomplying vehicles.
Appendix I to Subpart B of Part 205
Subpart C [Reserved]
Subpart D_Motorcycles
205.150 Applicability.
205.151 Definitions.
205.152 Noise emission standards.
205.153 Engine displacement.
205.154 Consideration of alternative test procedures.
205.155 Motorcycle class and manufacturer abbreviation.
205.156 [Reserved]
205.157 Requirements.
205.157-1 General requirements.
205.157-2 Compliance with standards.
205.157-3 Configuration identification.
205.158 Labeling requirements.
205.159 Testing by the Administrator.
205.160 Selective enforcement auditing (SEA) requirements.
205.160-1 Test request.
205.160-2 Test sample selection and preparation.
205.160-3 [Reserved]
205.160-4 Testing procedures.
205.160-5 Reporting of the test results.
205.160-6 Passing or failing under SEA.
205.160-7 Continued testing.
205.160-8 Prohibition of distribution in commerce; manufacturer's
remedy.
205.162 In-use requirements.
205.162-1 Warranty.
205.162-2 Tampering.
205.162-3 Instructions for maintenance, use, and repair.
205.163 Recall of noncomplying motorcycles; relabeling of mislabled
motorcycles.
Appendix I to Subparts D and E of Part 205--Motorcycle Noise Emission
Test Procedures [Note]
[[Page 107]]
Subpart E_Motorcycle Exhaust Systems
205.164 Applicability.
205.165 Definitions.
205.166 Noise emission standards.
205.167 Consideration of alternative test procedures.
205.168 Requirements.
205.168-1 General requirements.
205.168-11 Order to cease distribution.
205.169 Labeling requirements.
205.170 Testing by the Administrator.
205.171 Selective enforcement auditing (SEA) requirements.
205.171-1 Test request.
205.171-2 Test exhaust system sample selection and preparation.
205.171-3 Test motorcycle sample selection.
205.171-6 Testing procedures.
205.171-7 Reporting of the test results.
205.171-8 Passing or failing under SEA.
205.171-9 Continued testing.
205.171-10 Prohibition on distribution in commerce; manufacturer's
remedy.
205.172 Maintenance of records; submittal of information.
205.173 In-use requirements.
205.173-1 Warranty.
205.173-2 Tampering.
205.173-3 Warning statement.
205.173-4 Information sheet.
205.174 Remedial orders.
Appendix I to Subparts D and E of Part 205--Motorcycle Noise Emission
Test Procedures
Appendix II to Subpart E of Part 205--Sampling Tables
Authority: Secs. 6, 10, 11, 13, Pub. L. 92-574, 86 Stat. 1234 (42
U.S.C. 4905, 4909, 4910, 4912).
Source: 41 FR 15544, Apr. 13, 1976, unless otherwise noted.
Subpart A_General Provisions
Sec. 205.1 General applicability.
The provisions of this subpart are applicable to all products for
which regulations have been published under this part and which are
manufactured after the effective date of such regulations.
Sec. 205.2 Definitions.
(a) As used in this subpart, all terms not defined herein shall have
the meaning given them in the Act.
(1) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86
Stat. 1234).
(2) Administrator means the Ad ministrator of the Environmental Pro
tec tion Agency or his authorized rep re sen ta tive.
(3) Agency means the United States Environmental Protection Agency.
(4) Export exemption means an exemption from the prohibitions of
section 10(a) (1), (2), (3), and (4) of the Act, granted by statute
under section 10(b)(2) of the Act for the purpose of exporting regulated
products.
(5) National security exemption means an exemption from the
prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which
may be granted under section 10(b)(1) of the Act for the purpose of
national security.
(6) [Reserved]
(7) Sound Level means 20 times the logarithm to base 10 of the ratio
of pressure of a sound to the reference pressure. The reference pressure
is 20 micropascals (20 micronewtons per square meter). NOTE: Unless
otherwise explicitly stated, it is to be understood that the sound
pressure is the effective (rms) sound pressure, per American National
Standards Institute, Inc., 1430 Broadway, New York, New York 10018.
(8) Sound Pressure Level means in decibels, 20 times the logarithm
to the base 10 of the ratio of a sound pressure to the reference sound
pressure of 20 micropascals (20 micronewtons per square meter). In the
absence of any modifier, the level is understood to be that of a root-
mean-square pressure. The unit of any sound level is the decibel, having
the unit symbol dB.
(9) dB(A) means the standard abbreviation for A-weighted sound
levels in decibels.
(10) Highway means the streets, roads, and public ways in any State.
(11) Fast Meter Response means that the fast dynamic response of the
sound level meter shall be used. The fast dynamic response shall comply
with the meter dynamic characteristics in paragraph 5.3 of the American
National Standard Specification for Sound Level Meters, ANSI SI.4-1971.
This publication is available from the American National Standards
Institute, Inc., 1430 Broadway, New York, New York 10018.
(12) Person means an individual, corporation, partnership, or
association, and except as provided in sections 11(e) and 12(a) of the
Act includes any officer, employee, department, agency or
instrumentality of the United States, a
[[Page 108]]
State or any political subdivision of a State.
(13) Reasonable assistance means providing timely and unobstructed
access to test products or products and records required by this part,
and opportunity for copying such records or testing such test products.
(14) Ultimate purchaser means the first person who in good faith
purchases a product for purposes other than resale.
(15) New product means (i) a product the equitable or legal title of
which has never been transferred to an ultimate purchaser, or (ii) a
product which is imported or offered for importation into the United
States and which is manufactured after the effective date of a
regulation under section 6 or 8 which would have been applicable to such
product had it been manufactured in the United States.
(16) Manufacturer means any person engaged in the manufacturing or
assembling of new products, or the importing of new products for resale,
or who acts for and is controlled by any such person in connection with
the distribution of such products.
(17) Commerce means trade, traffic, commerce, or transportation:
(i) Between a place in a State and any place outside thereof, or
(ii) Which affects trade, traffic, commerce, or transportation
described in paragraph (a)(17)(i) of this section.
(18) Distribute in commerce means sell in, offer for sale in, or
introduce or deliver for introduction into, commerce.
(19) State includes the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust
Territory of the Pacific Islands.
(20) Federal Agency means an ex ecutive agency (as defined in
section 105 of title 5, United States Code) and includes the United
States Postal Service.
(21) Environmental noise means the intensity, duration, and the
character of sounds from all sources.
(22) Warranty means the warranty required by section 6(c)(1) of the
Act.
(23) Tampering means those acts prohibited by section 10(a)(2) of
the Act.
(24) Maintenance instructions or instructions means those
instructions for maintenance, use, and repair, which the Administrator
is authorized to require pursuant to section 6(c)(1) of the Act.
(25) Type I Sound Level Meter means a sound level meter which meets
the Type I requirements of ANSI SI.4-1972 specification for sound level
meters. This publication is available from the American National
Standards Institute, Inc., 1430 Broadway, New York, New York 10018.
(26) Testing exemption means an exemption from the prohibitions of
section 10(a) (1), (2), (3), and (5) of the Act, which may be granted
under section 10(b)(1) of the Act for the purpose of research,
investigations, studies, demonstrations, or training, but not including
national security.
(27) Product means any transportation equipment for which
regulations have been promulgated under this part and includes ``test
product.''
(28) Test product means any product that is required to be tested
pursuant to this part.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61457, Dec. 5, 1977]
Sec. 205.3 Number and gender.
As used in this part, words in the singular shall be deemed to
import the plural, and words in the masculine gender shall be deemed to
import the feminine and vice versa, as the case may require.
Sec. 205.4 Inspection and monitoring.
(a) Any inspection or monitoring activities conducted under this
section shall be for the purpose of determining (1) whether test
products are being selected and prepared for testing in accordance with
the provisions of these regulations, (2) whether test product testing is
being conducted in accordance with these regulations, and (3) whether
products being produced for distribution into commerce comply with these
regulations.
(b) The Director, Noise Enforcement Division, may request that a
manufacturer subject to this part admit an EPA Enforcement Officer
during operating hours to any of the following:
(1) Any facility or site where any product to be distributed into
commerce is manufactured, assembled, or stored;
[[Page 109]]
(2) Any facility or site where any tests conducted pursuant to this
part or any procedures or activities connected with such tests are or
were performed; and
(3) Any facility or site where any test product is present.
(c)(1) An EPA Enforcement Officer, once admitted to a facility or
site, will not be authorized to do more than:
(i) To inspect and monitor test product manufacture and assembly,
selection, storage, preconditioning, noise emission testing, and
maintenance, and to verify correlation or calibration of test equipment;
(ii) To inspect products prior to their distribution in commerce:
(iii) To inspect and photograph any part or aspect of any such
product and any component used in the assembly thereof that are
reasonably related to the purpose of his entry.
(iv) [Reserved]
(v) To obtain from those in charge of the facility or site such
reasonable assistance as he may request to enable him to carry out any
proper function listed in this section.
(2) [Reserved]
(3) The provisions of this section apply whether the facility or
site is owned or controlled by the manufacturer or by one who acts for
the manufacturer.
(d) For purposes of this section:
(1) An ``EPA Enforcement Officer'' is an employee of the EPA Office
of Enforcement who displays upon arrival at a facility or site the
credentials identifying him as such an employee and a letter signed by
the Director, Noise Enforcement Division designating him to make the
inspection.
(2) Where test product storage areas or facilities are concerned,
``operating hours'' shall mean all times during which personnel other
than custodial personnel are at work in the vicinity of the area or
facility and have access to it.
(3) Where facilities or areas other than those covered by paragraph
(d)(2) of this section are concerned, ``operating hours'' shall mean all
times during which product manufacture or assembly is in operation or
all times during which product testing and maintenance is taking place
and/or production or compilation of records is taking place, or any
other procedure or activity related to selective enforcement audit
testing or product manufacture or assembly being carried out in a
facility.
(e) The manufacturer shall admit to a facility or site an EPA
Enforcement Officer who presents a warrant authorizing entry. In the
absence of such warrant, entry to any facility or site under this
section will be only upon the consent of the manufacturer.
(1) It is not a violation of this regulation or the Act for any
person to refuse entry without a warrant.
(2) The Administrator or his designee may proceed ex parte to obtain
a warrant whether or not the manufacturer has refused entry.
[41 FR 15544, Apr. 13, 1976, as amended at 43 FR 27990, June 28, 1978;
47 FR 57713, Dec. 28, 1982]
Sec. 205.5 Exemptions.
Sec. 205.5-1 Testing exemption.
(a) A new product intended to be used solely for research,
investigations, studies, demonstrations or training, and so labeled or
marked on the outside of the container and on the product itself, shall
be exempt from the prohibitions of section 10(a)(1), (2), (3), and (5)
of the Act.
(b) No request for a testing exemption is required.
(c) For purposes of section 11(d) of the Act, any testing exemption
shall be void ab initio with respect to each new product, originally
intended for research, investigations, studies, demonstrations, or
training, but distributed in commerce for other uses.
[47 FR 57713, Dec. 28, 1982]
Sec. 205.5-2 National security exemptions.
(a) A new product which is produced to conform with specifications
developed by a national security agency, and so labeled or marked on the
outside of the container and on the product itself, shall be exempt from
the prohibitions of section 10(a)(1), (2), (3), and (5) of the Act.
(b) No request for a national security exemption is required.
[[Page 110]]
(c) For purposes of section 11(d) of the Act, any national security
exemption shall be void ab initio with respect to each new product,
originally intended to be produced to conform with specifications
developed by a national security agency, but distributed in commerce for
other uses.
(d) Any manufacturer or person subject to the liabilities of section
11(a) with respect to any product originally intended for a national
security agency, but distributed in commerce for use in any State, may
be excluded from the application of section 11(a) with respect to such
product based upon a showing that such manufacturer:
(1) Had no knowledge of such product being distributed in commerce
for use in any state; and
(2) Made reasonable effort to ensure that such products would not be
distributed in commerce for use in any State. Such reasonable efforts
would include investigation, prior dealings, contract provisions, etc.
[47 FR 57714, Dec. 28, 1982]
Sec. 205.5-3 Export exemptions.
(a) A new product intended solely for export, and so labeled or
marked on the outside of the container and on the product itself, shall
be exempt from the prohibitions of section 10(a), (1), (2), (3), and (4)
of the Act.
(b) No request for an export exemption is required.
(c) For purposes of section 11(d) of the Noise Control Act, the
Administrator may consider any export exemption under section 10(b)(2)
as void ab initio with respect to each new product intended solely for
export which is distributed in commerce for use in any State.
(d) In deciding whether to institute proceedings against a
manufacturer pursuant to section 11(d)(1) of the Act with respect to any
product originally intended solely for export but distributed in
commerce for use in any state, the Administrator will consider:
(1) Whether the manufacturer had knowledge that such product would
be distributed in commerce for use in any state; and
(2) Whether the manufacturer made reasonable efforts to ensure that
such product would not be distributed in commerce for use in any state.
Such reasonable efforts would include consideration of prior dealings
with any person which resulted in introduction into commerce of a
product manufactured for export only, investigation of prior instances
known to the manufacturer of introduction into commerce of a product
manufactured for export only, and contract provisions which minimize the
probability of introduction into commerce of a product manufactured for
export only.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61457, Dec. 5, 1977.
Redesignated at 47 FR 57714, Dec. 28, 1982]