United States
Environmental Protection
Agency
Air And Radiation
(6602J)
EPA 402-R-97-001
January 1997
Guidance For The
Implementation Of ERA'S
Standards For Management And
Storage Of Transuranic Waste
(40CFR Part 191, Subpart A)
At The Waste Isolation Pilot
Plant (WIPP)
Schematic of the WIPP Disposal System
Recycled/Recyclable • Printed with Vegetable Based Inks on Recycled Paper (20% Postconsumer)
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NOTICE
The policies and interpretations described herein are intended solely to
guide the Environmental Protection Agency's (EPA) implementation of 40 CFR
part 191, Subpart A at the WIPP and do not represent final Agency decisions.
The document is not binding and EPA officials may decide to follow the guidance,
or act at variance with the guidance, based on an analysis of specific
circumstances. The EPA reserves the right to update this document as needed to
reflect changes in policy, in radiation science or in operation of the WIPP site, and
in response to concerns raised by the public.
Comments or questions on this guidance can be sent to:
Betsy Forinash
USEPA, Office of Radiation and Indoor Air
401 M Street, S.W. (6602-J)
Washington, DC 20460
Attn: WIPP Subpart A Guidance
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WIPP Subpart A Guidance
Table of Contents
Section 1.0 Introduction 1
Section 1.1 Purpose 1
Section 1.2 Applicability 1
Section 2.0 General Compliance Issues 2
Section 2.1 Summary of regulatory requirements 2
Section 2.2 Guiding principles ........................................... 3
Section 2.2.1 Consistency with other applicable or relevant requirements ..... 3
Section 2.2.2 Use the simplest model which addresses the problem 4
Section 2.3 Scope of activities considered in determining compliance 4
Section 2.4 Media considered hi determining compliance 5
Section 2.5 Boundary for compliance ...................................... 6
Section 2.6 Identification of the exposed individual for determining compliance .... 7
Section 2.6.1 Location of maximally exposed individual .................. 7
Section 2.6.2 Personal parameters 8
Section 2.7 Calculation of dose 8
Section 2.7.1 Radiation doses for compliance demonstration ............... 8
Section 2.7.2 Modeling ............................................ 9
Section 2.7.3 Exposure parameters .................................. 10
Section 3.0 Emissions and Environmental Monitoring 11
Section 3.1 Air 11
Section 3.2 Other media 13
Section 4.0 Reporting and Record Keeping 14
Section 4.1 Notification of startup 14
Section 4.2 Compliance reporting 15
Section 4.3 Notification of construction or modification 16
Section 4.4 Record keeping 17
Section 5.0 Determination of Noncompliance 17
Section 5.1 Increased reporting 17
Section 5.2 Remedial plan 17
Citations 18
References 19
Appendix A 20
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Section 1.0 Introduction
Section 1.1 Purpose
The Environmental Protection Agency (EPA) has developed this guidance to implement
radiation protection standards for management and storage of transuranic radioactive waste at the
Waste Isolation Pilot Plant (WIPP). The WIPP, located in southeastern New Mexico and owned
and operated by the Department of Energy (DOE), is a proposed facility for the disposal of
transuranic radioactive waste. The WIPP is subject to EPA's generic standards for radioactive
waste management and storage found at Subpart A of 40 CFR Part 191 ("Subpart A"), which
apply to transuranic radioactive waste at facilities operated by the DOE for the disposal of such
waste. This guidance describes how EPA intends to implement the generally applicable
Subpart A standard at the WIPP, taking into account the facility's technical and operational
characteristics. This guidance also addresses implementation requirements for Subpart A
established under section 9 of the amended WIPP Land Withdrawal Act.
Section 1.2 Applicability
The Subpart A standard limits radiation doses to members of the public from
management and storage of transuranic waste at disposal facilities such as the WIPP. Radiation
doses and releases of radioactive material after disposal of radioactive waste are separately
addressed by Subparts B and C of 40 CFR Part 191 (EPA's "disposal standards"). Disposal is
defined as the "permanent isolation of... radioactive waste from the accessible environment
with no intent of recovery ...." For the purpose of Subpart A and this guidance document, the
term disposal refers specifically to that point hi time when the shafts of a mined geologic
repository (such as the WIPP) have been backfilled and sealed. [See 40 CFR 191.02(1).]] For
more detail on EPA's implementation of the disposal standards at the WIPP, see EPA's WIPP
Compliance Criteria.2
The WIPP was subject to regulation under Subpart A at the initial enactment of the WIPP
Land Withdrawal Act (WIPP LWA3) in October 1992. The radiation dose standards of
Subpart A become applicable upon initial receipt of radioactive waste — i.e., when the first
radioactive waste enters the boundary of the WIPP site. (See Section 2.5.) The facility must
comply with the standards thereafter, up until the time when the shafts at the WIPP are backfilled
and sealed.
Activities at the WIPP regulated under Subpart A are those involving management and
storage of transuranic waste. Storage of waste means "retention of... radioactive wastes with
the intent and capability to readily retrieve such... waste for subsequent use, processing, or
disposal." [See 40 CFR 191.02(k).J This definition should not be construed to preclude
construction of underground barriers and panel plugs that may be used as operational or
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occupational safeguards at the WIPP. The use of "readily retrieve" is meant only to differentiate
storage from disposal, in that the intent of disposal is permanent isolation of waste. Management
of radioactive waste is "any activity, operation or process (except transportation) conducted to
prepare . .. radioactive waste for storage or disposal, or the activities associated with placing
such . . . waste in a disposal system." [See 40 CFR 19i.02(m).J Activities associated with
placing waste in the disposal system would include transportation of radioactive waste within the
WIPP site, and monitoring and management of waste after its placement underground (only
while the WIPP facility is still operational), and backfilling and sealing the mine shafts of the
disposal system. Based on these definitions, if the WIPP is permitted to begin operation
(according to EPA's disposal standards; see WIPP Compliance Criteria.), Subpart A and this
guidance will apply to the DOE's estimated 35-year period during which packaged waste arrives
at the above-ground portion of the WIPP; is unloaded and prepared for emplacement in the
underground repository, is lowered down a mechanical hoist and emplaced in the mined-out
disposal system; and is managed during the closure and decommissioning of the disposal facility.
The Subpart A standard limits radiation doses to members of the public from
management and storage of radioactive waste, with some restrictions on its applicability.
Transportation to the disposal site is specifically exempted from coverage under Subpart A;
however, transportation within the WIPP site, and all other waste management and storage
activities on site prior to disposal are covered. (Transportation of transuranic waste to the WIPP
is separately regulated.) The applicability of Subpart A (and thus this guidance) is limited hi
other ways by the regulatory language and several definitions in 40 CFR Part 191. For example,
the standard addresses only radiation doses from material and activities at the disposal site; it
does not apply to radiation doses from any sources other than the facility (such as doses from
natural background radiation). Similarly, Subpart A limits doses only to members of the public
in the general environment, and does not address occupational radiation exposure or dose to
persons located within the site boundary. For further discussion of the site boundary and of
individuals considered in determining compliance, see Sections 2.5 and 2.6 of this document.
Section 2.0 General Compliance Issues
Section 2.1 Summary of regulatory requirements
The WIPP is regulated under 40 CFR 191.03(b) of Subpart A, which applies to
management and storage of radioactive waste at disposal facilities operated by the Department of
Energy (and not regulated by the Nuclear Regulatory Commission or Agreement States).
Section 191.03(b) states that management and storage of transuranic waste at DOE facilities shall
be conducted in such a manner as to provide reasonable assurance that the annual radiation dose
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 specified
limits.
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Implementation of this generic standard at the WIPP requires site-specific interpretation
of several definitions in Subpart A. Discussion and interpretation of such terms are presented in
this section of the guidance. For the full regulatory text of Subpart A, see Appendix A of this
guidance.
Section 2.2 Guiding principles
In developing this guidance for Subpart A, EPA has been guided by its Atomic Energy
Act authority for the regulation, and by the overarching goal to ensure protection of human
health and the environment. Several other factors influenced EPA's decision-making. These are
described below.
Section 2.2.1 Consistency with other applicable or relevant requirements
An important basis for the radiation dose limits in Subpart A is compatibility with related
radiation protection standards. During promulgation of Subpart A, EPA determined that for
DOE facilities, the most relevant existing standards were limitations on air emissions of
radionuclides. Thus, the DOE-facility limits established for Subpart A in 1985 were derived
directly from related radiation protection standards then in effect under the Clean Air Act (CAA).
[See 50 FR 38070, September 19,1985.]
The EPA believes that the central goal of compatibility with relevant radiation standards
remains appropriate. In particular, the Agency believes that the CAA standards are a useful
source of information regarding implementation methods for Subpart A, especially because air
emissions are considered to be the major pathway for release at the WIPP. The DOE already
submits reports to EPA regarding compliance of the WIPP with the CAA standards and has
instituted monitoring at the WIPP in accordance with CAA requirements and guidance. [See
Memorandum of Understanding.4] The EPA determined that it is both effective and efficient to
make use of these existing monitoring and reporting mechanisms. Therefore, the Agency
recommends use of some implementation methods originally developed for EPA's radioactive
emissions standards for other DOE facilities under the CAA. [See 40 CFR Part 61, Subpart H.]
The Agency examined other relevant and applicable requirements such as those under the
Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and the
Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), for
example. In order to enhance efficiency and decrease administrative burden, this guidance is
consistent with implementation of these other regulations where possible. The Agency has
expanded or modified implementation methods as necessary and appropriate for implementation
of Subpart A at the WIPP. Consistency with regulations other than Subpart A, or use of their
implementation tools, should not be construed to replace or modify such rules (or their
implementation and enforcement) as they apply to the WIPP. Conversely, recommended use of
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implementation tools from the CAA or any other regulations does not limit or change the scope
or applicability of the Subpart A standards. As required by the WIPP LWA, DOE must
specifically demonstrate the WIPP's compliance with the radiation dose limits of Subpart A, as
well as all other applicable Federal laws pertaining to public health and safety or the
environment. [See WIPP LWA, Section 9.]
Section 2.2.2 Use the simplest model which addresses the problem
Consistent with recommendations from national radiation advisory organizations [See
NCRP Commentary No. 3.5], EPA recommends that compliance should be demonstrated using
the simplest methods or models which address the problem. In implementing Subpart A at the
WIPP, EPA interprets the phrase "reasonable assurance" to mean that DOE should demonstrate
only that radiation doses to members of the public were below the regulatory limits for the
reporting period considered. That is, the Agency does not expect DOE to produce realistic
estimates of radiation dose to the public if compliance can be demonstrated using unrealistic
conservative assumptions about releases, radiation exposure, or radiation dose from actual
operations. For example, if radiation doses would fall below regulatory limits even if all the
materials released to air from WIPP during a year were assumed to be inhaled completely by an
individual, it would not be necessary to conduct sophisticated modeling to account for dispersion
of air emissions. Similarly, if compliance could be demonstrated by assuming that a hypothetical
individual is located at the point of highest exposure for 24-hours per day over a year, it would
be unnecessary to calculate doses for someone at a point of lower exposure for fewer hours a day.
The guidance reflects EPA's adherence to this philosophy, and the Agency has explicitly
highlighted some cases where it could be appropriate to apply simplifying assumptions.
Section 2.3 Scope of activities considered in determining
compliance
The Subpart A standard limits radiation doses from management and storage of
transuranic waste at the WIPP. Management and storage are comprised of any and all activities,
operations or processes (except transportation to the site) conducted to store waste, to prepare
waste for storage or disposal, to place waste in a disposal system, and to monitor emplaced waste
during management and storage. [See §191.02.] For implementing Subpart A at the WIPP, EPA
interprets these definitions to mean that all activities at the WIPP up until the point of disposal
must be considered in determining compliance. Specifically, this means that activities in all
WIPP facilities, both at above-ground locations and in the underground disposal system, are
regulated under the standard. In addition, EPA considers arrival or receipt of waste within the
defined site, inspection of containers on vehicles, unloading of waste from trucks or trains, and
movement of waste between surface and/or underground facilities to be waste management
activities and not "transportation."
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In evaluating compliance with Subpart A, DOE should examine actual operations at the
WIPP. Subpart A does not require, and EPA does not expect, predictive assessments to be made
concerning radiation doses from the facility during operation. Thus, it is not necessary for DOE
to conduct probabilistic accident analysis for Subpart A. Rather, DOE must examine radiation
doses to the public due to both actual normal operations and any unplanned or accidental releases
which occur during the reporting period. This approach is consistent with implementation of
EPA's CAA standards at the WIPP, [See 54 FR 51657.6]
Section 2.4 Media considered in determining compliance
The Subpart A standard limits radiation doses to members of the public hi the general
environment. According to 40 CFR 191.02(o), the 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... radioactive waste is
conducted." Therefore, Subpart A addresses potential exposures from releases to air, soil,
surface water, and ground water.
In this guidance, EPA emphasizes doses from releases via the air pathway. The guidance
provides detailed expectations for monitoring and modeling of air emissions because numerous
analyses of radioactive waste disposal facilities in general, and of the WIPP in particular, have
identified air emissions as the major pathway of concern. For example, hi the conditional RCRA
No-Migration Determination, the Agency concluded that the only plausible pathway for
radionuclide transport during receipt and emplacement of waste at the WIPP is by air emissions
through the underground exhaust shaft. [See 55 FR 47704.7 See also EPA-520/3-80-008 and
EPA 520/1-89-006-l.J Because management and storage of waste at the WIPP include activities
similar to those considered in earlier analyses, and because of the relatively short time frame
proposed for operation of the WIPP, EPA believes that the air pathway is the credible release
pathway to be considered for implementing Subpart A.
Consideration of air emissions as the only credible release mechanism does not limit
consideration of exposure mechanisms via other media. The most plausible release points are to
the air from either the underground exhaust shaft or the ventilation system of the waste handling
building. However, exposure mechanisms from an air release could include inhalation of
contaminated air, immersion hi a plume of radioactive particles, ingestion of soil on which
contaminated particles have been deposited, swimming hi ponds hi which radionuclides have
been deposited, etc. In addition, individuals potentially could be exposed to direct radiation from
materials on site, if they are not shielded sufficiently. The EPA's air emissions modeling allows
for consideration of all these exposure pathways; see Section 2.7.1 for further discussion of
modeling.
During the management and storage of radioactive waste at the WIPP, EPA expects the
DOE both to monitor the expected air exhaust pathways and to perform environmental
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monitoring of other release points and exposure pathways to confirm air exhaust as the only
release pathway. (See Section 3.2 for more detail.)
Section 2.5 Boundary for compliance
The regulatory language of Subpart A addresses radiation doses to members of the public
in the general environment. As discussed above, the general environment includes all media
outside the regulated site. A site is defined as "an area contained within the boundary of a
location under the effective control of persons possessing or using ... radioactive waste that are
involved in any activity, operation, or process covered by this Subpart." [See 40 CFR 191,02(n).J
The EPA carefully considered how the site boundary should be chosen for the WIPP.
Subpart A does not restrict radiation doses to any people within the regulated site, whether these
people are workers or members of the general public. For this reason, it is important that the site
boundary be chosen such that members of the public do not have unrestricted access to the site.
Such concerns dictate that the "site" be a relatively contained area. On the other hand, the site
should be large enough so that all the buildings, structures, and operations within a contiguous
area are included in the site. [See 54 FR 51665.] In this way, there is assurance that all relevant
management and storage activities at the facility are covered by compliance with the standard.
In choosing the site boundary for the WIPP, EPA weighed the concerns discussed above,
and considered the degree of control needed to prevent the public from unknowingly entering the
site. The EPA believes that ownership or administrative control alone does not constitute
"effective control," as used in Subpart A, over an area. However, the Agency also believes that
security measures can be identified which reasonably warn members of the public that they are
entering a restricted site (which could pose some risk of short-term radiation exposure). That is,
allowing occasional visitors to enter the facility does not imply that DOE lacks effective control
over the WIPP site, if access by the general public is monitored and restricted.
Based on current management practices at the WIPP (as documented in the WIPP Land
Management Plan8), EPA interprets the site on the surface to be a zone known by DOE as the
"exclusive use area," shown as the shaded area in Figure 1. This 277-acre area is surrounded by
a five-strand barbed wire fence and is restricted exclusively for the use of DOE, its contractors
and subcontractors in support of the WIPP project. In addition, this area is marked by DOE "No
Trespassing" signs and is patrolled by WIPP security personnel to prevent unauthorized activities
or uses. Other surface boundaries, such as the "Land Withdrawal Area," are not effectively
controlled either because land is available for uses such as grazing, or because there are not
fences or barriers to deter trespassing. The EPA considers all areas of the underground disposal,
system to be under the effective control of the Department. Thus, DOE must consider exposures
to all members of the public at the surface, outside the area shaded in Figure 1.
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As noted, recommendation of the "exclusive use area" as the Subpart A compliance
boundary is based on management practices described above and currently in use at WIPP, Any
changes in land management and security practices must be considered in determining whether
the recommended boundary remains valid for compliance over a given reporting period. Absent
any changes in land management, use of an area other than the "exclusive use area" as the
Subpart A compliance boundary must be documented and justified. Justification of an area other
than the "exclusive use area" should address whether use of such a boundary is more restrictive
in terms of compliance with the radiation dose limits, and should explain how management and
security practices at the boundary would effectively deter uncontrolled public access to the site.
,,,,,,, ...... , ..
Figure 1: Recommended Boundary for WIPP Subpart A Compliance (shaded area,
known as "Exclusive Use Area")
Section 2.6 Identification of the exposed individual for
determining compliance
Section 2.6.1 Location of maximally exposed individual
Subpart A states that radiation doses to "any member of the public" from waste
management and storage must not exceed specified levels. [See 40 CFR 191.03(b).] Consistent
with this regulatory language, the Agency requires that radiation doses to the maximally exposed
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individual be calculated when determining compliance. Thus, compliance with the standard
must be determined by calculating the highest annual radiation dose to any member of the public.
The location of the maximally exposed individual is the location where an actual individual lives
or works who receives the maximum annual radiation dose from the source. The-Agency expects
DOE to examine radiation doses to individuals at any offsite point where there is a residence,
school, business, or office. At the WIPP, consideration of businesses should include activities
such as grazing, mining, or oil drilling in the vicinity of the site.
In implementing Subpart A at the WIPP, EPA expects DOE to analyze potential exposure
pathways and then examine demographic information and conduct field investigations to identify
the locations of actual individuals who could be exposed via those pathways. As a conservative
simplifying assumption, DOE could conduct separate analyses of potential doses received from
each exposure pathway, then assume that a member of the public resides at the single geographic
point on the surface where the maximum dose would be received. This dose can be calculated by
summing the dose from all pathways to calculate the maximum dose to a member of the public at
the single geographic point. (This is not the same as simply adding the maximum for each
individual from pathways since those maximums could be at different locations.) It would not be
an appropriate model simplification to assume a priori that the maximally exposed individual is
located at the site boundary (i.e., the "exclusive use area" described in the previous section).
Such an assumption is not necessarily conservative, depending on how meteorological conditions
affect plume behavior or where surface and underground water sources are accessible.
Section 2.6.2 Personal parameters
In evaluating radiation doses to the maximally exposed individual, DOE may assume that
the individual exhibits personal characteristics of the "reference man." These values are
incorporated into default parameters for the computer program CAP88-PC, recommended by
EPA for use regarding Subpart A at the WIPP. [See User's Guide.9]
Section 2.7 Calculation of dose
Section 2.7.1 Radiation doses for compliance demonstration
Compliance with Subpart A is determined by comparing annual radiation doses to the
regulatory limits. The standard requires DOE to provide both whole body radiation dose and
critical organ radiation dose for the maximally exposed individual (or a hypothetical individual
conservatively located at a point of higher exposure). The calculated radiation doses must
include all release points and should reflect evaluation of all exposure pathways. (See
Section 2.4 of this document for further discussion of this issue.)
Radiation doses should be calculated as the total radiation dose from exposure during
each calendar year previous to the due date for reporting on compliance with Subpart A. (See
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Section 4.2 of this document for further detail on compliance reporting.) Committed dose
equivalents should be calculated in order to account for biological half-life of radionuclides that
are inhaled or ingested. That is, calculated doses are expected to include both radiation doses
from direct exposure during the year, and also the predicted dose to a tissue or organ over the 50-
year time period after an intake of radionuclides into the body.
Section 2.7.2 Modeling
The EPA expects that computer modeling will be used to calculate radiation doses for
compliance with the Subpart A standard. The EPA recommends that CAP88-PC be used to
perform dose calculations. As discussed hi Section 2.4 of this guidance, EPA believes that air
emissions from the WIPP are the credible release mechanism from management and storage of
waste at the facility. The Agency recommends use of the CAP88-PC model for calculating
radiation doses because it accounts for multiple exposure points and exposure mechanisms from
potential air emissions. If environmental monitoring indicates that exposure is occurring from
release points or exposure pathways not addressed in CAP88-PC, DOE must identify appropriate
tools to calculate radiation doses.
CAP88-PC uses a modified Gaussian plume equation to estimate the average dispersion
of radionuclide air releases. The program computes radionuclide concentrations in air, rates of
deposition on ground surfaces, concentrations in food, and intake rates to people from ingestion
of food produced hi the assessment area. Estimations of the radionuclide concentrations in
produce, leafy vegetables, milk, and meat consumed by humans are made.
Radiation dose and risk are estimated by combining the inhalation and ingestion intake
rates, and air and ground surface concentrations. Calculation of doses and risks are based on
standardized conversion factors and organ weighting factors from EPA and from the
International Commission on Radiation Protection (ICRP). The model calculates the committed
dose from one year's exposures. The model output specifies the location of the maximally
exposed individual, as discussed hi Section 2.6.1 of this guidance. CAP88-PC output also
provides estimated radionuclide concentrations at various locations from ah", dry deposition, wet
deposition, and ground deposition concentrations. [See User's Guide.]
The Agency believes that CAP88-PC is flexible enough to account for air releases
postulated for the WIPP facility. As noted in the User's Guide, CAP88-PC should not be used to
model acute accidental releases for the purposes of emergency planning, emergency response or
evacuation strategies. However, the program can be used to calculate annual radiation doses —
such as those needed to demonstrate compliance with Subpart A — from short-term exposures.
Appropriate radiation doses for the reporting period can be obtained if release estimates are the
sum of emissions from normal operations and any emissions from unplanned releases which
occurred during the year. This can be accomplished since the source data needed for CAP88-PC
is simply the total amount of each radionuclide released, from each source, over the entire year
for which compliance is being evaluated. The CAP88-PC model allows up to six release points
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to be modeled as either elevated stacks or uniform area sources. EPA believes that emissions
from WIPP can be modeled as stack or area sources without introducing undue error in the
resulting calculations of annual radiation dose. For these reasons., EPA believes that the
CAP88-PC model recommended for use is adequate for modeling air emissions at the WIPP.
However, the Agency would accept Nuclear Regulatory Commission Regulatory Guide
(NUREG) 1.145 as an alternate model for calculating radiation doses from unplanned or
accidental releases.10
Section 2.7.3 Exposure parameters
In determining the radiation dose which the maximally exposed individual receives, EPA
expects that models will incorporate appropriate and technically supported exposure parameters.
It will be considerably easier to implement Subpart A if compliance can be demonstrated using
conservative simplifying assumptions such as assuming that the maximally exposed individual
resides at the identified location continuously for a 70-year lifetime. The EPA recommends use
of such conservative assumptions wherever possible. However, because the concept of the
maximally exposed individual is based on the philosophy that exposure to real persons be
considered, some departures from conservative exposure parameters can be justified. For
example, since compliance is evaluated on an annual basis, should some individual come to leave
his or her residence located in the area of maximum concentration, that difference in exposure
could be accounted for, provided that the change hi residence can be documented.
The Agency expects that exposure parameters will be no less conservative than the
following standard parameters derived from default values for CAA dose modeling [See User's
Guide.]:
• For a maximally exposed individual located at a residence, assume
continuous exposure (24 hours per day).
For a maximally exposed individual located at a business, office, or
school, assume exposure of 8 hours per day.
• Assume individuals consume 2 liters per day of drinking water from an
underground source of drinking water.
Assume inhalation rate for air to be 9E+5 cm3/hr.
• Assume ingestion rate of meat to be 85 kg/yr.
Assume ingestion rate of leafy vegetables to be 18 kg/yr. '
Assume ingestion of milk to be 112 liter/yr.
• Assume ingestion rate of produce to be 176 kg/yr.
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Section 3.0 Emissions and Environmental
Monitoring
Section 3.1 Air
To determine compliance with 40 CFR Part 191, Subpart A, EPA expects radionuclide
emissions to be determined and the radiation dose to the maximally exposed individual to be
calculated using EPA-approved sampling procedures and the computer model CAP88-PC (or
another approved model), or other procedures for which EPA has granted prior approval.
The EPA expects radionuclide emission rates from point sources (stacks and vents) to be
measured in accordance with the following guidelines or other procedures for which EPA has
granted prior approval:
(1) EPA expects effluent flow rate measurements to be made using the following
methods:
(i) Reference Method 2 of Appendix A to 40 CFR Part 60 should be used to
determine velocity and volumetric flow rate for stacks and large vents.
(ii) Reference Method 2A of Appendix A to 40 CFR Part 60 should be used to
measure flow rates through pipes and small vents.
(iii) The frequency of the flow rate measurements should-depend upon the
variability of the effluent flow rate. For variable flow rates, continuous or
frequent flow rate measurements should be made. For relatively constant flow
rates, only periodic measurements are necessary.
(2) EPA expects radionuclides to be directly monitored or extracted, collected and
measured using the following methods:
(i) Reference Method 1 of Appendix A to 40 CFR Part 60 should be used to
select monitoring or sampling sites.
(ii) The effluent stream should be directly monitored continuously with an in-line
detector capable of distinguishing relevant radionuclides. As an acceptable
alternative to direct radiation monitoring, the effluent air stream may be
continuously sampled such that analysis of filters or other collectors will provide
an accurate estimate of emissions from a known flow rate during a fixed sampling
time. Representative samples of the effluent stream should be withdrawn
continuously from the sampling site following the guidance presented in
American National Standards Institute (ANSI) Guide N13.1-1969, "Guide to
Sampling Airborne Radioactive Materials in Nuclear Facilities" (including the
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guidance presented in Appendix A of ANSI N13.1). The need for continuous
sampling is applicable to batch processes when the unit is in operation. Periodic
sampling (grab samples) may be used in lieu of continuous sampling only with
EPA's prior approval. Such approval may be granted in cases where continuous
sampling is not practical and radionuclide emission rates are relatively constant.
In such cases, EPA expects grab samples to be collected with sufficient frequency
so as to provide a representative sample of the emissions.
(iii) Radionuclides should be collected and measured using procedures based on
the principles of measurement described hi Appendix B, Method 114 of 40 CFR
Part 61. Use of methods based on principles of measurement different from those
described hi Appendix B, Method 114 of 40 CFR Part 61 needs to have prior
approval from the Administrator. EPA reserves the right to approve measurement
procedures.
(a) The Shrouded Probe collection method has been approved by the EPA
as an alternative method. Guidance for the use of the Shrouded Probe may
be found at "An Explanation of Particle Sampling hi a Moving Gas Stream
Within a Duct Using an Unshrouded and Shrouded Probe," by Larry Gray,
attachment to letter by Mary Nichols dated November 10, 1994.
(iv) EPA expects a quality assurance program to be conducted that meets the
performance requirements described in Appendix B, Method 114 of 40 CFR
Part 61.
(3) When it is impractical to measure the effluent flow rate at an existing source in
accordance with the methods in Section 3.1(1) above, or to monitor or sample an effluent stream
at an existing source in accordance with the site selection and sample extraction methods in
Section 3.1(2) above, the facility owner or operator may use alternative effluent flow rate
measurement procedures or site selection and sample extraction procedures provided that:
(i) It can be shown that methods in Section 3.1(1) or (2) are unpractical for the
effluent stream;
(ii) The alternative procedure will not significantly underestimate the emissions;
(iii) The alternative procedure is fully documented; and
(iv) The owner or operator has received prior approval from EPA.
(4) (i) EPA expects radionuclide emission measurements in conformance with the
methods in Section 3.1(1) and (2) to be made at all release points which have a
potential to discharge radionuclides into the ah- in quantities which could cause a
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combined annual dose equivalent in excess of 1% of the dose limit in Subpart A.
EPA expects all radionuclides which could contribute greater than 10% of the
combined annual dose equivalent for a release point to be measured. With prior
EPA approval, DOE may determine these emissions through alternative
procedures. For other release points which have a potential to release
radionuclides into the air,, EPA expects periodic confirmatory measurements to be
made to verify the low emissions.
(ii) To determine whether a release point is subject to the emission measurement
methods in Section 3.1(1) and (2), it is necessary to evaluate the potential for
radionuclide emissions for that release point. In evaluating the potential of a
release point to discharge radionuclides into the air for the purposes of this
section, EPA expects the estimated radionuclide release rates to be based on the
discharge of effluent stream that would result if all pollution control equipment
did not exist, but the facilities operations were otherwise normal.
(5) Environmental measurements of concentrations of radionuclides in air at the critical
receptor locations may be used as an alternative to air dispersion calculations in demonstrating
compliance with, the standard if the owner or operator meets the following criteria:
(i) The air at the point of measurement is continuously sampled for collection of
radionuclides;
(ii) The environmental measurement program was appropriately designed to
collect and measure specifically those radionuclides which are major contributors
to the annual radiation dose from the facility;
(iii) Radionuclide concentrations which would cause an annual dose equivalent of
10% of the standard are readily detectable and distinguishable from background;
(iv) A quality assurance program that meets the performance requirements
described in 40 CFR Part 61, Appendix B, Method 114 is conducted; and
(v) The use of environmental measurements to demonstrate compliance with the
standard has been granted prior approval by EPA. EPA expects applications for
approval to include a detailed description of the sampling and analytical
methodology and show how the above criteria will be met.
Section 3.2 Other media
As noted in Section 2.4 of this guidance, EPA believes that air is the credible release
pathway to be considered for implementing Subpart A. Exposure of individuals may occur in
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several ways from an air release: from inhaling contaminated air, from being immersed in a
plume of radioactive particles, from ingesting soil on which contaminated particles have been
deposited, from swimming in ponds in which radionuclides have been deposited, etc. In
addition, individuals potentially could be exposed to direct radiation from materials on site, if
they are not shielded sufficiently. The EPA's CAP88-PC model for air emissions allows for
consideration of all these exposure pathways; see Section 2.7.2 for further discussion of
modeling.
In addition to air monitoring (in accordance with Section 3.1 above) during the
management and storage of radioactive waste at the WIPP, EPA expects DOE to perform
environmental monitoring of other release points or critical receptor locations to confirm air '
exhaust as the only release pathway. Periodic confirmatory measurements are adequate to verify
low emissions. Continuous monitoring or sampling of media other than air is not necessary
unless periodic measurements indicate that such media serve as release mechanisms. Any
environmental monitoring program should be appropriately designed to collect and measure
specifically those radionuclides which are major contributors to the annual radiation dose from
the facility. Monitoring should detect and readily distinguish from background any radionuclide
concentrations which would cause an annual dose equivalent of 10% of the standard. In
addition, a quality assurance program should be conducted that provides appropriate control and
meets specified performance criteria for sample collection and analysis. EPA expects
compliance reports to include a detailed description of the sampling and analytical methodology
for media other than air, and to show how the above criteria will be met.
Section 4.0 Reporting and Record Keeping
Section 4.1 Notification of startup
DOE is expected to provide written notification of initial receipt of radioactive waste at
the WIPP facility. (See Section 1.2.) A notification of the anticipated date of initial receipt
should be provided not more than 60 days nor less than 30 days before that date. In addition to
specifying the anticipated date of receipt, DOE should report:
(1) The name and location of the facility;
(2) Technical information describing the size, design, and method of operation of the
facility;
(3) A description of the radionuclides handled at the facility;
(4) A description of any emissions control devices used to limit releases of radionuclides;
(5) An estimate of the radiation doses to which the public may be subjected by normal
operation of the facility.
If any State or local agency requires a notice which contains all the information described above,
sending the EPA a copy of that notification would be satisfactory.
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A written notification of the actual date of initial receipt of radioactive waste at the WIPP
should be provided within 15 days after that date. Notifications of anticipated and actual receipt
should be sent to EPA's Office of Radiation and Indoor Air at Headquarters and to the EPA
Region 6 office.
Section 4.2 Compliance reporting
Compliance with the Subpart A standard is demonstrated by showing that the annual
radiation dose to any member of the public in the general environment falls below the regulatory
limits. The DOE must determine the radiation dose from all pathways through which the
maximally exposed individual receives radiation dose. In addition, radiation doses should be
calculated as the total radiation dose from exposure during the calendar year(s) previous to the
due date for reporting on compliance with Subpart A. (See Section 2.7.1 of this document for
further detail on radiation doses.) As discussed earlier in this document, the Agency expects that
emissions monitoring and air dispersion modeling will be used to calculate radiation doses;
CAP88-PC is the recommended program for estimating radiation doses.
As required by the WIPP LWA [Section 9(a)], DOE must submit documentation every
two years on continued compliance with the Subpart A standard. The EPA expects DOE to
submit a biennial report to EPA's Office of Radiation and Indoor Air at Headquarters and to the
EPA Region 6 office according to the schedule established by the WIPP LWA (i.e., beginning no
later than October 1994, then every two years thereafter). The report must include the results of
the monitoring and the dose calculations for the reporting period (i.e., the two calendar years
previous to report submittal). Although each report covers a two-year time period, annual
radiation doses must be calculated separately for each calendar year. For years in which
reporting is not required, EPA recommends that DOE submit its annual update of the WIPP
Safety Analysis Report to inform the Agency of any changes in the WIPP facility's operational
safety features, monitoring systems, or land management practices.
The DOE is expected to perform monitoring during each calendar year of facility
operation, and to calculate radiation doses after the end of each calendar year, as a minimum
frequency. Radiation doses should be calculated following unplanned emissions from the facility
to determine if such releases have caused or are expected to cause radiation doses that exceed the
Subpart A limits. If the facility demonstrates continued compliance with Subpart A, then DOE
must submit only the biennial compliance report described above. If annual radiation doses
exceed the regulatory limits of Subpart A for a given year, then DOE is expected to submit a
report to EPA by March 31 of the next calendar year, whether or not the biennial compliance
report was scheduled for submission. Additional requirements must then be fulfilled, as
described in Section 5.0 of this guidance.
EPA expects any Subpart A compliance report to include the following information:
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(1) The name and location of the facility.
(2) A list of the radioactive materials stored and managed at the facility.
(3) A description of the handling and processing that the radioactive materials undergo at
the facility.
(4) A list of the stacks, vents or other points from which radioactive materials are released
to the terrestrial, atmospheric, and aquatic environments.
(5) A description of the release controls that are used on each stack, vent, or other release
points, and an estimate of the efficiency of each control device.
(6) Distance from the points of release to the nearest member of the public in the general
environment and the nearest farms in the general environment producing vegetables,
milk, and meat.
(7) The values used for all other user-supplied input parameters for the computer models
(e.g., meteorological data) and the source of these data. Default values used by computer
models should also be described if DOE uses a model other than CAP88-PC (or another
model approved by EPA for demonstrating compliance with Subpart A). The choice of
an alternate model must be explained and technically supported as appropriate.
(8) The results of emissions or environmental monitoring and the results of dose
calculations conducted in accordance with Subpart A and this guidance, demonstrating
whether the facility complies with the dose limits of Subpart A.
(9) A brief description of all construction and modifications which were completed in the
calendar year(s) for which the report is prepared.
(10) Signature of the manager hi charge of the WIPP facility, and date of signature.
Section 4.3 Notification of construction or modification
The DOE is expected to provide EPA with written notification of any planned
construction or modification to the WIPP facility, prior to commencing any such activity, if it
results hi an increase in the rate of emissions of radionuclides during operation. Construction
and modification would include any fabrication, erection, or installation of a new structure within
the WIPP site boundary (see Section 2.5); or a physical or operation change in an existing
structure. Notification should include:
(1) The name and location of'the facility;
(2) The precise nature of the proposed changes;
(3) Calculations of estimates of emissions and of radiation doses to the public before and
after the changes are completed, hi sufficient detail to permit assessment of the validity of
the calculations.
Notification should be submitted to EPA's Office of Radiation and Indoor Air at Headquarters
and to the EPA Region 6 office.
Advance notification is not expected for construction or modification if the radiation dose
caused by all the emissions from the new construction or modification is less than 1% of the
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Subpart A dose limits. For such changes, it is acceptable to provide notification in the
compliance reports described in Section 4.2 of this guidance.
Section 4.4 Record keeping
The DOE is expected to maintain records documenting the values of input parameters
(and the sources of such information), including results of all measurements upon which they are
based, the calculations and/or analytical methods used to derive values for input parameters, and
procedures used to determine the annual radiation dose. This documentation is to be sufficient to
allow the Agency to verify the correctness of the determination made concerning the WIPP's
compliance with Subpart A. These records are expected to be kept on site at the facility until the
tune of disposal. Upon request, the records should be made available for inspection by the
Agency.
Section 5.0 Determination of Noncompliance
Section 5.1 Increased reporting
If the facility is not in compliance with the limits in 40 CFR 191.03(b) in a calendar year,
then EPA expects DOE to commence reporting to the Agency on a monthly basis (or more
frequently if EPA so requests) the information listed in Section 4.1. These reports will start the
month immediately following the subrnittal of the report for the year hi noncompliance and will
be due 30 days following the end of each month. This increased level of reporting will continue
until the Administrator has determined that the monthly (or more frequent) reports are no longer
necessary.
In addition to the information required in Section 4.1, EPA expects monthly (or more
frequent) reports to include information on all controls or other changes in operation of the
facility that will be or are being installed to bring the facility into compliance.
Section 5.2 Remedial plan
If the Administrator of EPA determines during operation or decommissioning that the
WIPP does not comply with Subpart A, Section (9)(c) of the amended WIPP Land Withdrawal
Act directs EPA to request a remedial plan that describes actions the DOE will take to comply
with Subpart A. The EPA may call for a plan that includes any actions EPA deems necessary to
ensure compliance with Subpart A. The Agency expects the remedial plan to Include the specific
actions the Department will take to bring the facility into compliance. The EPA expects DOE to
submit any such plan to the Administrator of EPA, and to EPA's Office of Radiation and Indoor
Air at Headquarters and the Region 6 office as soon as possible after any determination of
noncompliance is made.
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Citations
1. 40 CFR Part 191: Environmental Standards for the Management and Disposal of Spent
Nuclear Fuel, High-Level and Transuranic Radioactive Wastes; Final Rule. Federal
Register. Vol. 50, No. 182, pp. 38066-38087: Thursday, September 19, 1985.
2. 40 CFR Part 194: Criteria for the Certification and Recertification of the Waste Isolation
Pilot Plant's Compliance With the 40 CFR Part 191 Disposal Regulations; Final Rule.
Federal Register. Vol. 61, No. 28, pp. 5224-5244: Friday, February 9,1996.
3. Waste Isolation Pilot Plant Land Withdrawal Act. Public Law 102-579 (October 30,1992),
Amended by the "Waste Isolation Pilot Plant Land Withdrawal Act Amendments" as part
of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201).
/
4. Memorandum of Understanding Between the U.S. Environmental Protection Agency and the
U.S. Department of Energy concerning The Clean Air Act Emission Standards for
Radionuclides: 40 CFR Part 61 including Subparts H, I, Q & T. Signed by Mary D.
Nichols, EPA Assistant Administrator for Air and Radiation: September 29, 1994.
Signed by Tara O'Toole, DOE Assistant Secretary for Environment, Safety, and Health:
April 5,1995.
5. NCRP Commentary No. 3: Screening Techniques for Determining Compliance with
Environmental Standards — Releases of Radionuclides to the Atmosphere. National
Council on Radiation Protection and Measurements, Bethesda (MD): March 31, 1986.*
6. 40 CFR Part 61: National Emission Standards for Hazardous Air Pollutants; Radionuclides;
Final Rule and Notice of Reconsideration. Federal Register. Vol. 54, No. 240, pp. 51654-
51715: Friday, December 15,1989.
7. Department of Energy Waste Isolation Pilot Plant: Notice of Final No-Migration
Determination. Federal Register. Vol. 55, No. 220, pp. 47700-47721: Wednesday,
November 14,1990.
8. Waste Isolation Pilot Plant Land Management Plan (Document Number DOE/WIPP-93-004).
U.S. Department of Energy: January 31, 1996 (reprint).
9. User's Guide for CAP88-PC, Version 1.0 (EPA Document Number 402-B-92-001). U.S.
Environmental Protection Agency, Office of Air and Radiation (Las Vegas Facility):
March 1992.
10. Regulatory Guide 1.145: Atmospheric Dispersion Models for Potential Accident
Consequence Assessments at Nuclear Power Plants, Revision 1. U.S. Nuclear
Regulatory Commission: February 1983.
* Copies may be obtained from NCRP, 7910 Woodmont Avenue, Bethesda, MD 20814, phone (301) 657-2652.
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References
An Explanation of Particle Sampling in a Moving Gas Stream Within a Duct Using an
Unshrouded and Shrouded Probe. By Larry Gray (EPA), attachment to letter by Mary
Nichols dated November 10,1994.
Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube).
Appendix A, Method 2 of 40 CFR Part 60: Standards of Performance for New Stationary
Sources.
Direct Measurement of Gas Volume Through Pipes and Small Ducts. Appendix A, Method 2A
of 40 CFR Part 60: Standards of Performance for New Stationary Sources.
Guide to Sampling Airborne Radioactive Materials in Nuclear Facilities. ANSI N13.1-1969
(including the guidance presented in Appendix A of ANSI N13.1).
Sample and Velocity Traverses for Stationary Sources. Appendix A, Method 1 of 40 CFR
Part 60: Standards of Performance for New Stationary Sources.
Test Methods for Measuring Radionuclide Emissions from Stationary Sources. Appendix B,
Method 114 of 40 CFR Part 61: National Emissions Standards for Hazardous Air
Pollutants.
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Appendix A
SUBCHAPTER F--RADIATION PROTECTION PROGRAMS
PART 191--ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR
MANAGEMENT AND DISPOSAL OF SPENT NUCLEAR FUEL, HIGH-LEVEL AND
TRANSURANIC RADIOACTIVE WASTES
Subpart 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.
Authority: The Atomic Energy Act of 1954, as amended; Reorganization Plan No. 3 of 1970;
and the Nuclear Waste Policy Act of 1982
Subpart A—Environmental Standards for Management and Storage
§ 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.
§ 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).
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(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. Law 97-425).
(i) "Transuranic radioactive waste," as used hi this Part, means waste containing more
than 100 nanocuries of alpha-emitthig 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 ha 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.
(1) "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.
(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. /
§ 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 management and storage and (2) all
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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.
191.04 Alternative Standards.
(a) The Administrator may issue alternative standards from those standards established in
§ 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 hi levels hi excess of the standards
specified hi § 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
hi § 191.03(b) and shall include all information necessary for the Adrninistrator to make the
determinations called for hi § 191.04(a).
(c) Requests for alternative standards shall be submitted to the Administrator, U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460.
§ 191.05 Effective date.
The standards in this subpart shall be effective on November 18,1985.
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