[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1960]


[Federal Register: January 28, 1994]


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Part VI





Environmental Protection Agency





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National Emission Standards for Radionuclide Emissions From Facilities 
Licensed by the Nuclear Regulatory Commission and Federal Facilities 
Not Operated by the Department of Energy; Notice
ENVIRONMENTAL PROTECTION AGENCY

[FRL-4830-7]
RIN 2060-AE39


National Emissions Standards for Radionuclide Emissions From 
Facilities Licensed by the Nuclear Regulatory Commission and Federal 
Facilities Not Operated by the Department of Energy

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: This notice confirms that 40 CFR part 61, subpart I, is 
presently in effect for two categories: (1) Facilities licensed by the 
Nuclear Regulatory Commission (NRC) or NRC Agreement States except for 
commercial nuclear power reactors and (2) all federal facilities not 
operated by the Department of Energy (DOE). The effectiveness of 
Subpart I is presently stayed for commercial nuclear power reactors. 
The previous stay of Subpart I for NRC and Agreement State licensees 
other than nuclear power reactors expired on November 15, 1992, and has 
not been extended or renewed. All NRC and Agreement State licensees 
other than nuclear power reactors, as well as federal facilities not 
operated by DOE, are now subject to all applicable provisions of 
subpart I. Each affected facility must demonstrate compliance for 
calendar year 1993 with the annual emission standard set forth in 40 
CFR 61.102, utilizing the procedures specified in 40 CFR 61.103. Those 
facilities which are not exempt from reporting requirements under 40 
CFR 61.104(b) must submit the annual report concerning emissions for 
calendar year 1993 required by 40 CFR 61.104(a) to EPA by March 31, 
1994. Facilities that are unable to gather the necessary information 
and report to EPA by March 31, 1994 should request an extension from 
the appropriate EPA regional office. EPA will consider extensions of up 
to 60 days.

DATES: 40 CFR part 61, subpart I became effective for NRC and Agreement 
State licensees other than commercial nuclear power reactors on 
November 16, 1992. Those facilities which are not exempt from reporting 
requirements under 40 CFR 61.104(b) must submit the annual report 
concerning emissions required by 40 CFR 61.104(a) for calendar year 
1993 to EPA by March 31, 1994. Facilities that are unable to gather the 
necessary information and report to EPA by March 31, 1994 should 
request an extension from the appropriate EPA regional office. EPA will 
consider extensions of up to 60 days.

FOR FURTHER INFORMATION CONTACT: David P. O'Very, Air Standards and 
Economic Branch, Criteria and Standards Division (6602J), Office of 
Radiation and Indoor Air, Environmental Protection Agency, Washington, 
DC 20460, (202) 233-9762.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 31, 1989, EPA promulgated National Emission Standards 
for Hazardous Air Pollutants (NESHAPS) to control radionuclide 
emissions to the ambient air from several source categories. This rule 
was published in the Federal Register on December 15, 1989 (54 FR 
51654).
    Subpart I limits radionuclide emissions to the ambient air from 
NRC-licensed facilities to that amount which would cause any member of 
the public to receive in any year an effective dose equivalent (ede) of 
10 millirem, of which no more than 3 millirem ede may be from 
radioiodines. These limits involved application to radionuclide 
emissions of the Agency's policy for regulating section 112 pollutants 
which was first announced in the benzene NESHAP (54 FR 38044 September 
14, 1989), and utilized the two-step process outlined in NRDC v. EPA, 
824 F.2d at 1146 (1987) (the Vinyl Chloride decision).
    At the time of promulgation of the radionuclide NESHAPS rule, EPA 
granted reconsideration of subpart I based on information received late 
in the rulemaking from the NRC and the National Institutes of Health 
(NIH). The NRC was concerned about duplicative regulation of its 
licensees by NRC and EPA, while the NIH was concerned with the 
potential negative effects of the standard on the use of nuclear 
medicine in patient treatment. EPA subsequently extended the stay of 
the effective date of subpart I on several occasions, pursuant to the 
authority provided by section 10(d) of the Administrative Procedure Act 
(APA), 5 U.S.C. 705, and section 301(a) of the Clean Air Act, 42 U.S.C. 
7601(a). (55 FR 10455, March 21, 1990; 55 FR 29205, July 18, 1990; and 
55 FR 38057, September 17, 1990).
    In 1990, Congress enacted legislation comprehensively amending the 
Clean Air Act, which included a section addressing the issue of 
regulatory duplication between EPA and NRC. Section 112(d)(9) of the 
CAA provides, that no standard for radionuclide emissions from any 
category or subcategory of facilities licensed by the Nuclear 
Regulatory Commission (or an Agreement State) is required to be 
promulgated under Section 112 if the Administrator determines, by rule, 
and after consultation with the Nuclear Regulatory Commission, that the 
regulatory program established by the Nuclear Regulatory Commission 
pursuant to the Atomic Energy Act for such category or subcategory 
provides an ample margin of safety to protect the public health. This 
provision enables EPA to eliminate duplication of effort between EPA 
and NRC so long as public health is protected with an ample margin of 
safety.
    On April 24, 1991, EPA issued a final rule staying until November 
15, 1992 the effectiveness of subpart I for all categories of 
facilities licensed by the NRC or NRC Agreement States except nuclear 
power reactors (56 FR 18735). The purpose of this stay was to avoid the 
costs and disruption associated with formal implementation of subpart I 
while EPA was collecting additional information necessary to make the 
substantive determination for these facilities contemplated by CAA 
Section 112(d)(9). NESHAPS Rulemaking on Nuclear Regulatory Commission 
and Agreement State Licensees Other Than Nuclear Power Reactors, EPA 
430-R-92-011 (November 1992). (On August 5, 1991, EPA proposed to 
rescind subpart I for commercial nuclear power reactors (56 FR 37196) 
and issued a final rule staying the effectiveness of subpart I for 
nuclear power reactors during the pendency of the substantive 
rulemaking on rescission (56 FR 37158)).
    The Natural Resources Defense Council (NRDC) petitioned for 
judicial review of the rule staying subpart I for NRC and Agreement 
State licensees other than nuclear power reactors. On September 25, 
1992, the DC Circuit Court of Appeals issued a decision holding that 
EPA had exceeded its authority by staying subpart I while it was 
collecting the information required to make a finding under CAA section 
112(d)(9). NRDC v. Reilly, 976 F.2d 36 (DC Cir. 1992).
    EPA completed its investigation of radionuclide emissions by NRC 
and Agreement State licensees other than nuclear power reactors while 
the litigation in the DC Circuit Court concerning the rule staying 
subpart I for these facilities was still pending. On September 18, 
1992, EPA announced that it intended to propose rescission of subpart I 
for these facilities and proposed a rule which would further stay 
subpart I during the pendency of the substantive rulemaking on 
rescission (57 FR 43173). Although EPA did propose to rescind subpart I 
for NRC and Agreement State licensees other than nuclear power reactors 
on December 1, 1992 (57 FR 56877), EPA did not adopt the proposed stay. 
EPA concluded that the Court's ruling in NRDC v. Reilly had left 
substantial doubt concerning the legality of any further stay of 
subpart I for these facilities and decided not to issue any further 
stay. As a result, the rule staying subpart I for NRC and Agreement 
State licensees other than nuclear power reactors expired by its own 
terms on November 15, 1992, and subpart I took effect for these 
facilities on November 16, 1992 (the official mandate implementing the 
DC Circuit Court's decision in NRDC v. Reilly was not transmitted until 
after the stay had already expired).

II. Implementation of Subpart I as Applied to NRC-Licensed Facilities 
Other Than Nuclear Power Reactors

    Subpart I became effective on November 16, 1992 for all categories 
of facilities licensed by NRC or Agreement States except for commercial 
nuclear power reactors. Subpart I was already in effect prior to that 
time for federal facilities not operated by DOE.
    At this time, EPA has not taken final administrative action 
concerning the rule to rescind subpart I for NRC and Agreement State 
licensees other than commercial nuclear power reactors which it 
proposed on December 1, 1992. EPA is recommending that NRC make certain 
changes in its regulatory program in order to fully support the 
substantive finding which is required by CAA Section 112(d)(9) before 
EPA may rescind subpart I for NRC licensees other than commercial 
nuclear power reactors. EPA and NRC are presently engaged in 
consultations concerning specific actions which would strengthen the 
basis for rescission of subpart I for this category, but it is unlikely 
that any agreement between EPA and NRC concerning additional measures 
could be implemented quickly. While the rulemaking concerning 
rescission is still pending, EPA advises all facilities not to presume 
that EPA will take any particular action in that rulemaking and to 
proceed in the meantime with all legally required compliance 
activities.
    Because subpart I first took effect for NRC and Agreement State 
licensees other than nuclear power reactors near the end of 1992, EPA 
has determined that affected facilities were not required to 
demonstrate compliance with subpart I for calendar year 1992. However, 
each NRC or Agreement State licensee, as well as each federal facility 
not operated by DOE, is now subject to all provisions of subpart I. 
Each affected facility must demonstrate compliance for calendar year 
1993 with the annual emission standard set forth in 40 CFR 61.102, 
utilizing the procedures specified in 40 CFR 61.103. Those facilities 
which are not exempt from reporting requirements under 40 CFR 61.104(b) 
must submit the annual report concerning emissions for calendar year 
1993 required by 40 CFR 61.104(a) to EPA by March 31, 1994. Facilities 
that are unable to gather the necessary information and report to EPA 
by March 31, 1994 should request an extension from the appropriate EPA 
regional office listed below. EPA will consider extensions of up to 60 
days.
    As required by 40 CFR 61.04, all requests, reports, applications, 
submittals, and other communications to EPA pursuant to the standards 
in subpart I should be submitted in duplicate to the appropriate 
Regional Office of the EPA to the attention of the Director of the 
Division indicated in the following list of EPA Regional Offices:

    Region I (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont), Director, Air, Pesticides, and Toxics 
Management Division, U.S. Environmental Protection Agency, John F. 
Kennedy Federal Building, Boston, MA 02203.
    Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Air and Waste Management Division, U.S. Environmental 
Protection Agency, Federal Office Building, 26 Federal Plaza, New 
York, NY 10278.
    Region III (Delaware, District of Columbia, Maryland, 
Pennsylvania, West Virginia), Director, Air, Toxics and Radiation 
Management Division, U.S. Environmental Protection Agency, 841 
Chestnut St., Philadelphia, PA 19107.
    Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee), Director, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, 345 Courtland Street NE, Atlanta, GA 30365.
    Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin), Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, 77 West Jackson Blvd., Chicago, IL 60604-3590.
    Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
Director, Air, Pesticides, and Toxics Division, U.S. Environmental 
Protection Agency, 1443 Ross Avenue, Dallas, TX 75202.
    Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Toxics Division, U.S. Environmental Protection Agency, 726 Minnesota 
Avenue, Kansas City, KS 66101.
    Region VIII (Colorado, Montana, North Dakota, South Dakota, 
Utah, Wyoming), Director, Air, Radiation, and Toxics Division, U.S. 
Environmental Protection Agency, 999 18th Street, Suite 500, Denver, 
CO 80202-2460.
    Region IX (American Samoa, Arizona, California, Guam, Hawaii, 
Nevada), Director, Air & Toxics Division, U.S. Environmental 
Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105.
    Region X (Alaska, Oregon, Idaho, Washington), Director, Air & 
Toxics Division, U.S. Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, WA 98101.

    Facility operators and owners desiring further information should 
write to Eleanor Thornton, Air Standards and Economic Branch, Criteria 
and Standards Division (6602J), Office of Radiation and Indoor Air, 
Environmental Protection Agency, Washington, DC 20460 to obtain a copy 
of EPA's Guide for Determining Compliance with the Clean Air Act 
Standards for Radionuclide Emissions from NRC-Licensed and Non-DOE 
Federal Facilities, the COMPLY computer code, and the User's Guide for 
the COMPLY Computer Code.

    Dated: January 20, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-1960 Filed 1-27-94; 8:45 am]
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