Audeen W. Fentiman
Jeffery A. Henkel
Joyce E. Meredith
Federal agencies have issued regulations designed to protect the environment and the human population from radiation, including radiation from low-level radioactive waste. Regulations established by federal agencies can be found in the Code of Federal Regulations (CFR). The Code is divided into "Titles". Each agency publishes its regulations under an assigned Title. Titles are further subdivided into "Parts" for specific topics.
Agencies that maintain regulations applicable to low-level radioactive waste are the Department of Transportation (Title 49), the Nuclear Regulatory Commission (Title 10), and the Environmental Protection Agency (Title 40). In addition to federal regulations, state regulations concerning low-level radioactive waste may be imposed.
Commercial low-level radioactive waste disposal facilities can establish waste acceptance criteria that specify conditions under which low-level waste will be accepted.
This fact sheet provides an overview of regulations designed to protect the environment and humans from exposure to radiation during the handling, transportation, and disposal of low-level radioactive waste.
The Department of Transportation's regulations are primarily concerned with the transportation requirements for "hazardous materials", which include low-level radioactive waste. These regulations govern, for example, the types of containers that must be used for various materials, labeling on containers and vehicles, and papers that must accompany each shipment. The Department of Transportation regulations that affect the shipment of low-level waste are listed in Table 1.
| Table 1. Department of Transportation Regulations | |
|---|---|
| 49 CFR 171 | General information, regulations, and definitions |
| 49 CFR 172 | Hazardous materials table, special provisions, hazardous materials communications requirements, and emergency response information requirements |
| 49 CFR 173 | General requirements for shipment and packaging |
| 49 CFR 174 to 179 | Requirements for shipments by various means (truck, rail, ship, etc.) |
The Nuclear Regulatory Commission's regulations establish licensing requirements for low-level radioactive waste disposal facilities and standards for packaging and shipping low-level radioactive waste (see Table 2). A commercial low-level radioactive waste disposal facility must obtain a license from the Nuclear Regulatory Commission before it can begin operations. Part 61 of Title 10 of the Code of Federal Regulations (usually denoted 10 CFR 61) establishes the standards for issuing a license to a low-level waste disposal facility. The regulation includes limits on the annual radiation exposure allowed at the boundary of the disposal facility site.
| Table 2. Nuclear Regulatory Commission Regulations | |
|---|---|
| 10 CFR 19 | Requirements for training of radiation workers and inspections of licensed facilities |
| 10 CFR 20 | Limits on radiation doses and concentrations of radioactive materials |
| 10 CFR 51 | Environmental protection regulations applicable to facilities licensed by the Nuclear Regulatory Commission |
| 10 CFR 61 | Requirements for low-level radioactive waste disposal facilities |
| 10 CFR 71 | Requirements for packaging and transportation of radioactive materials; standards for Nuclear Regulatory Commission approval of packaging and shipping procedures |
A transporter of low-level radioactive waste must comply with both the Nuclear Regulatory Commission's regulations and those of the Department of Transportation.
Part 20 of Title 10 of the Code of Federal Regulations (10CFR20), is entitled "Standards for Protection Against Radiation". This regulation was written by the Nuclear Regulatory Commission to "establish standards for protection against radiation hazards arising out of activities under licenses issued by the Nuclear Regulatory Commission". It sets limits on radiation doses for workers in the nuclear industry and for the public. In addition, the regulation contains tables of the allowable concentrations of various radionuclides in the air and water. It also states that licensees should attempt to keep all radiation doses and releases of radioactive material "as low as reasonably achievable".
An existing Environmental Protection Agency regulation (40CFR190) sets limits on radiation doses received by members of the public and on the amount of radioactive materials nuclear facilities may introduce into the general environment. The Environmental Protection Agency is currently working on 40CFR193 which is expected to be titled "Environmental Radiation Protection Standards for Low-Level Radioactive Waste Disposal" (see Table 3).
| Table 3. Environmental Protection Agency Regulations | |
|---|---|
| 40 CFR 190 | Limits on radiation doses to the public |
| 40 CFR 193 | Radiation protection standards for low-level radioactive waste disposal (not yet released) |
Other Environmental Protection Agency regulations specify treatment methods and allowable concentrations for non-radioactive hazardous materials. These regulations can be important to low-level radioactive waste generators if low-level radioactive waste is mixed with hazardous (chemical) waste. Any mixture of low-level waste and hazardous waste, called mixed waste, must be handled and disposed of in accordance with both Nuclear Regulatory Commission and Environmental Protection Agency regulations. Commercial low-level radioactive waste disposal facilities generally do not accept mixed waste.
State legislatures can pass laws that establish state regulations on low-level radioactive waste. State agencies enforce the state regulations. There are some limits on the scope of state regulation, however, because the federal government has preempted the regulation of most radioactive materials and reserved such power to itself.
Although a state has no jurisdiction to enforce federal regulations, it may become an agreement state. Under this arrangement, the state develops and enforces its own regulations, but those regulations are similar to and must be approved by the federal agency responsible for the same types of regulations. Ohio is an agreement state with the Environmental Protection Agency. Ohio has requested agreement state status from the Nuclear Regulatory Commission, but as of July, 1993, it has not obtained that status.
Waste acceptance criteria are written by the operator of a commercial low-level radioactive waste disposal facility. The criteria are based on requirements in the waste disposal facility's operating license. They set forth specific requirements which shipments of low-level radioactive waste must meet in order to be accepted for disposal. Shipments that do not meet waste acceptance criteria are usually returned to the waste generator, and if any federal or state regulations have been violated, the proper regulatory agency is notified.
If you would like to read more about regulations governing radiation protection, some of the references listed below may be helpful.
Code of Federal Regulations, Title 10, Part 20, "Standards for Protection Against Radiation", 1992. (Nuclear Regulatory Commission)
Code of Federal Regulations, Title 10, Part 61, "Licensing Requirements for Land Disposal of Radioactive Waste", 1992. (Nuclear Regulatory Commission)
Code of Federal Regulations, Title 49, Part 173, "Shippers -- General Requirements for Shipments and Packagings", 1992. (U.S. Department of Transportation)
Dr. Audeen W. Fentiman is an Assistant Professor in Nuclear Engineering at The Ohio State University. Jeffery A. Henkel is a Graduate Research Associate in Nuclear Engineering. Joyce E. Meredith is a Graduate Research Associate, Ohio State University Extension.
All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status.
Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, Keith L. Smith, Director, Ohio State University Extension.
TDD # 1 (800) 589-8292 (Ohio only) or (614) 292-1868