---
kind: "section"
citation: "40 C.F.R. § 191.04"
title: "40"
number: "191.04"
heading: "Alternative standards."
url: "https://uscodex.org/cfr/40/191.04"
---

# §191.04. Alternative standards.

- (a) The Administrator may issue alternative standards from those standards established in [§ 191.03(b)](/cfr/40/191.03.md?p=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 [§ 191.03(b)](/cfr/40/191.03.md?p=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 [§ 191.03(b)](/cfr/40/191.03.md?p=b) and shall include all information necessary for the Administrator to make the determinations called for in [§ 191.04(a)](#a).
- (c) Requests for alternative standards shall be submitted to the Administrator, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

## Notes

### Amendments

[50 FR 38084, Sept. 19, 1985, as amended at 65 FR 47325, Aug. 2, 2000]

### Authority

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

Source: 50 FR 38084, Sept. 19, 1985, unless otherwise noted.

### Amendments

[50 FR 38084, Sept. 19, 1985, as amended at 65 FR 47325, Aug. 2, 2000]