[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Proposed Rules]
[Pages 63984-63987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30334]



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NUCLEAR REGULATORY COMMISSION

10 CFR Part 20

RIN 3150-AF31


Constraint Level for Air Emissions of Radionuclides

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to 
establish a constraint of 10 mrem/yr total effective dose equivalent 
(TEDE) for dose to members of the public from air emissions of 
radionuclides from NRC licensed facilities other than power reactors. 
This proposed rule is necessary to provide assurance to the 
Environmental Protection Agency (EPA) that future emissions from NRC 
licensees will not exceed levels that will provide an ample margin of 
safety. This action is expected to be the final step in providing EPA 
with a basis upon which to rescind its Clean Air Act (CAA) regulations 
for NRC licensed facilities (other than power reactors) and Agreement 
State licensees, thereby relieving these licensees from unnecessary 
dual regulations.

DATES: Submit comments by March 12, 1996. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to assure consideration only for comments received on or before 
this date.

ADDRESSES: Send comments to: U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Docketing and Services Branch. Hand 
deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between 
7:45 a.m. and 4:15 p.m. Federal workdays.
    Comments may be submitted electronically, in either ASCII text or 
Wordperfect format (version 5.1 or later), by calling the NRC 
Electronic Rulemaking Bulletin Board (BBS) on FEDWORLD.
    The BBS is an electronic information system operated by the 
National Technical Information Service of the Department of Commerce. 
The purpose of this bulletin board BBS is to facilitate public 
participation in the NRC regulatory process, particularly rulemakings. 
With publication of this notice, proposed rulemakings and appropriate 
supporting documents will be available for review and comment on the 
BBS. These same documents are also available for review and comment at 
the NRC's Public Document Room, 2120 L Street NW. (Lower Level), 
Washington, DC. The BBS may be accessed using a personal computer, a 
modem, and one of the commonly available communications software 
packages, or directly via Internet.
    The NRC rulemaking bulletin board (rulemaking subsystem) on 
FEDWORLD can be accessed directly by using a personal computer and 
modem, dialing the toll free number at 1-800-303-9672. Communication 
software parameters should be set as follows: parity to none, data bits 
to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal 
emulation, the NRC rulemaking subsystem can then be accessed by 
selecting the ``Rules Menu'' option from the ``NRC Main Menu.'' For 
further information about options available for NRC at FEDWORLD consult 
the ``Help/Information Center'' from the ``NRC Main Menu.'' Users will 
find the ``FEDWORLD Online User's Guides'' particularly helpful. Many 
NRC subsystems and databases also have a ``Help/Information Center'' 
option that is tailored to the particular subsystem.
    The NRC subsystem on FEDWORLD also can be accessed by a direct dial 
phone number for the main FEDWORLD BBS at 703-321-3339; or by using 
Telnet via Internet: fedworld.gov. Using the 703 number to contact 
FEDWORLD, the NRC subsystem will be accessed from the main FEDWORLD 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has the option ``U.S. Nuclear 
Regulatory Commission'' that will take you to the NRC Online main menu. 
The NRC Online area also can be accessed directly by typing ``/go nrc'' 
at a FEDWORLD command line. If you access NRC from FEDWORLD's main 
menu, then you may return to FEDWORLD by selecting the ``Return to 
FEDWORLD'' option from the NRC Online Main Menu. However, if you access 
NRC at FEDWORLD by using NRC's toll-free number, then you will have 
full access to all NRC systems, but you will not have access to the 
main FEDWORLD system.
    If you contact FEDWORLD using Telnet, you will see the NRC area and 
menus, including the ``Rules Menu''. Although you will be able to 
download documents and leave messages, you will not be able to write 
comments or upload files. If you contact FEDWORLD using FTP, all files 
can be accessed and downloaded, but uploads are not allowed, and all 
you will see is a list of files without descriptions (normal Gopher 
look). An index file listing all files within a subdirectory, with 

[[Page 63985]]
descriptions, is available. There is a 15-minute time limit for FTP 
access.
    Although FEDWORLD also can be accessed through the World Wide Web 
as well, like FTP, that mode only provides access for downloading 
files, and does not display the NRC ``Rules Menu.''
    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail 
AXD[email protected].
    Comments received on this proposed rule may be examined and/or 
copied for a fee at the NRC Public Document Room, 2120 L Street NW. 
(Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Charleen T. Raddatz, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6215; e-mail [email protected].

SUPPLEMENTARY INFORMATION: The EPA promulgated National Emission 
Standards for Hazardous Air Pollutants (NESHAPs) for radionuclides on 
October 31, 1989. Subpart I of 40 CFR 61 was promulgated to implement 
the CAA and limit doses to members of the public from air emissions of 
radionuclides (other than Radon-222) from all NRC licensees other than 
licensees possessing only sealed sources, high-level waste repositories 
and uranium mill tailings piles that have been disposed of in 
accordance with 40 CFR Part 192 and are subject to the requirements of 
Subpart I. Initially, Radon-222 emissions from tailings were covered by 
40 CFR 61, Subparts T and W. Subpart T was rescinded for NRC licensees 
after Appendix A to Part 40 was amended by the Commission to conform to 
changes EPA issued to 40 CFR 192 that adopted the provisions of subpart 
T (Subpart W still applies to NRC licensees). Since Radon-222 is 
adequately addressed in Appendix A to Part 40 and other provisions of 
Part 20 it is not covered in this proposed rulemaking.
    Under Subpart I, emissions of radionuclides must be limited so that 
no member of the public would receive an effective dose equivalent of 
greater than 10 mrem/yr 1.

    \1\ Subpart I expresses dose in effective dose equivalent (EDE). 
NRC expresses dose in total effective dose equivalent (TEDE). These 
terms are essentially equivalent. For the sake of consistency, this 
paper will refer to all doses in terms of TEDE.
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    In 1990, Congress enacted amendments to the CAA. Section 112(d)(9) 
of these amendments to the CAA (the Simpson amendment) states:

    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 this section 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.

    Upon issuance, the effectiveness of Subpart I for all NRC licensees 
was immediately stayed by EPA pending further evaluation. During the 
stay period, EPA conducted two studies of the air emissions from NRC 
and Agreement State materials licensees. The first was a survey of 367 
randomly selected nuclear materials licensees. EPA determined that the 
highest estimated dose to a member of the public from air emissions 
from these facilities was 8 mrem/yr, based on very conservative 
modeling. In addition, 98 percent of the facilities surveyed reported 
doses to members of the public resulting from air emissions less than 1 
mrem/yr. The second study evaluated dose from air emissions from 43 
additional facilities that were selected because of their potential for 
air emissions resulting in significant public exposures. EPA found that 
75 percent of these licensees had air emissions resulting in an 
estimated maximum public dose less than 1 mrem/yr. For the licensees 
evaluated, none exceeded 10 mrem/yr.
    In its initial proposal to rescind Subpart I for NRC licensees 
other than power reactors, EPA stated that:

    Based on the result of the survey undertaken by EPA and the 
commitments made by NRC in the MOU, EPA has made an initial 
determination that the NRC program under the Atomic Energy Act 
provides an ample margin of safety to protect the public health (57 
FR 56880; December 1, 1992).

    However, EPA continued to express concern regarding the adequacy of 
the measures to ``assure EPA that future emissions from NRC licensees 
will not exceed levels that will provide an ample margin of safety.'' 
The stay on Subpart I expired on November 15, 1992, and Subpart I 
became effective on November 16, 1992. Subsequently, in July of 1993, 
the EPA Administrator determined that there was insufficient basis at 
that time to rescind Subpart I. Consequently, NRC and Agreement State 
licensed facilities are currently subject to dual regulation of air 
emissions of radionuclides under both the AEA and the CAA, including 
regulatory oversight by EPA (or authorized State) and NRC (or Agreement 
State).
    NRC licensees subject to Subpart I are also subject to NRC dose 
limits for members of the public contained in 10 CFR Part 20, Subpart D 
entitled ``Radiation Dose Limits for Individual Members of the Public'' 
(Subpart D). Under Subpart D, licensees shall ensure that doses to 
members of the public are less than 100 mrem/yr from all pathways 
(including air emissions) and all sources associated with the 
licensee's operation. In addition, doses to members of the public must 
be kept as low as is reasonably achievable (ALARA). Based on the 
aforementioned studies conducted by EPA and licensee reporting of doses 
to members of the public from air emissions to EPA, it is evident that 
less than 10 mrem/yr to the maximally exposed member of the public from 
air emissions is reasonably achievable.
    NRC power reactor licensees subject to 10 CFR 50.34a must keep 
doses to members of the public from air emissions consistent with the 
numerical guidelines in Appendix I to 10 CFR Part 50. In addition, 
these licensees have for many years reported estimated doses to members 
of the public from air emissions well below the Subpart I value. Based 
on the combination of a continuing regulatory basis for reduced air 
emissions and documented proof of the effectiveness of the NRC program 
for these licensees, EPA has already proposed to rescind Subpart I for 
power reactors licensed by NRC (56 FR 37196; August 5, 1991).
    The NRC is proposing to establish a constraint of 10 mrem/yr TEDE 
for dose to members of the public from air emissions of radionuclides 
from NRC licensed facilities other than power reactors as a part of its 
program to maintain doses ALARA. The rulemaking being proposed would 
codify numerical values for NRC's application of ALARA guidelines on 
radioactive air emissions from its licensees, other than power 
reactors. For power reactors, ALARA guidelines have already been 
established within 10 CFR 50 and facility licensing conditions. This 
regulatory action would ensure that air emissions are maintained at a 
very low level and, taking into consideration the elimination of dual 
regulation, at little or no cost. This action would also bring 
consistency between EPA's dose standard and the NRC's ALARA 
application, thereby providing EPA with a basis upon which to rescind 
Subpart I as it applies to NRC licensed facilities other than power 
reactors. This action is expected to be the final step in providing EPA 
with a basis upon which to rescind Subpart I for NRC licensees other 
than power reactors. 

[[Page 63986]]

    NRC has been working cooperatively with EPA over the last several 
years to support rescission of EPA's standards in Subpart I of 40 CFR 
Part 61 in accordance with Section 112(d)(9) of the CAA. The 
fundamental objective of this effort has been to eliminate unnecessary 
duplicative regulations that provide no incremental benefit in terms of 
public and environmental protection.
    The regulatory framework within which NRC proposes to provide a 
basis for rescission of Subpart I consists of the requirements in 10 
CFR Part 20 to limit doses to members of the public to 100 mrem/yr, to 
maintain these doses as far below this limit as is reasonably 
achievable (ALARA), and to constrain dose to members of the public from 
air emissions of radioactive materials from a single source to 10 mrem/
yr.
    If the licensee estimates or measures a dose to a member of the 
public expected to receive the highest dose from air effluents to be 
less than 10 mrem/yr, the licensee would be required to record the dose 
and the assumption used to calculate it consistent with the 
requirements of Sec. 20.2103. This data would be made available to 
inspectors upon request. If the licensee estimates or measures a dose 
to the member of the public expected to receive the highest dose from 
air effluents to be greater than 10 mrem/yr, the licensee would be 
required to report the dose to NRC in writing within 30 days. In 
addition, the licensee would be required to include in that report the 
circumstances that led to the greater than 10 mrem/year dose, a 
description of the corrective steps the licensee has taken or proposes 
to take to ensure that the constraint is not again exceeded, a 
timetable for implementing the corrective steps, and the expected 
results.
    The constraint on dose from air emissions is different than a 
limit. Exceeding this constraint would not result in a Notice of 
Violation (NOV). Rather, a NOV would be issued only upon failure to 
report that actual or estimated doses, from air effluent releases from 
a facility, have exceeded the constraint value and/or failure to 
institute appropriate measures to correct and prevent further emissions 
in excess of those which would result in dose exceeding the constraint 
level.
    The proposed rule would apply to airborne releases, other than 
Radon-222, from all NRC licensees except power reactors. Power reactors 
are exempt from this proposed rule because they are already required 
under 10 CFR 50.34a to identify, in their application, design 
objectives and the means to be employed for keeping doses to members of 
the public from air effluents ALARA. Appendix I to Part 50 contains the 
numerical guidelines to meet this requirement.
    In addition to the discussion above, the Commission is soliciting 
comments on the question of whether the 10 mrem constraint should be 
established in 10 CFR Part 20, as proposed, or whether it should be 
established separately in each appropriate Part of Title 10 instead.

Regulatory Guide

    Regulatory Guide 8.37, ALARA Levels for Effluents From Materials 
Facilities, is being modified to reflect the introduction of the 
constraint on air emissions in the proposed rule and to identify those 
methods acceptable to the NRC for implementing the rule. To afford 
members of the public with an opportunity to comment on the rule and 
guide as a complete package, publication of the guide for comment is 
expected to be coincident with publication of the proposed rule, or 
within a few weeks of the date of publication of the proposed rule.

Agreement State Compatibility

    Section 116 of the CAA authorizes individual States to establish 
more restrictive requirements than those presented in Subpart I. In 
view of the CAA precedent, the NRC staff is recommending that this rule 
be a Division 2 matter of compatibility under the existing 
compatibility policy. As such, Agreement States could choose to adopt a 
rule which is more restrictive but no less restrictive than the one 
approved by the Commission.
    The NRC is in the process of revising its compatibility policy and 
has issued a proposed policy for public comment (59 FR 37269; July 21, 
1994). Although the compatibility policy has not yet been finalized, 
the NRC anticipates that a similar level of Agreement State 
compatibility will be required for air emissions under the new policy 
as is required under a Division Level 2 designation.

Finding of No Significant Environmental Impact

    The Commission has determined under the National Environmental 
Policy Act of 1969, as amended, and the NRC's regulations in Subpart A 
of 10 CFR Part 51, that this rule, if adopted, would not be a major 
Federal action significantly affecting the quality of the human 
environment and therefore an environmental impact statement is not 
required. This action is not expected to have any significant 
environmental impact because the programs would provide equivalent 
protection. Actual air emissions are not expected to change. The 
changes would be procedural methods for demonstrating compliance and 
inspection procedures. The environmental assessment and finding of no 
significant impact on which this determination is based are available 
for inspection and photocopying for a fee at the NRC Public Document 
Room, 2120 L Street NW. (Lower Level), Washington, DC.

Paperwork Reduction Act Statement

    This proposed rule amends information collection requirements that 
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq). This rule has been submitted to the Office of Management and 
Budget (OMB) for review and approval of the information collection 
requirements.
    The public reporting burden for this collection of information is 
estimated to average 80 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. The U.S. Nuclear Regulatory Commission is 
seeking public comment on the potential impact of the collection of 
information contained in the proposed rule and on the following issues:
    1. Is the proposed collection of information necessary for the 
proper performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the collection of information be 
minimized, including the use of automated collection techniques?
    Send comments on any aspect of this proposed collection of 
information, including suggestions for reducing the burden, to the 
Information and Records Management Branch (T-6 F33), U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-001, and to the Desk 
Officer, Office of Information and Regulatory Affairs, NEOB-10202 
(3150-0014), Office of Management and Budget, Washington, DC 20503.
    Comments to OMB on the collections of information or on the above 
issues should be submitted by January 12, 1996. Comments received after 
this date will be considered if it is practical to do so, but assurance 
of consideration cannot be given to comments received after this date. 

[[Page 63987]]


Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Regulatory Analysis

    The Commission has prepared a draft regulatory analysis on this 
proposed regulation. The analysis examines the costs and benefits of 
the alternatives considered by the Commission. The draft analysis is 
available for inspection in the NRC Public Document Room, 2120 L Street 
NW. (Lower Level), Washington, DC. Single copies of the analysis may be 
obtained from Charleen T. Raddatz, (301) 415-6215.
    The Commission requests public comment on the draft analysis. 
Comments on the draft analysis may be submitted to the NRC as indicated 
under the Addresses heading.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this rule, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. This rule only impacts NRC licensees with emissions of 
significant quantities of radioactive material. This category of 
licensee includes only a few small businesses.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this proposed rule because it does not apply to power 
reactor licensees, and therefore, that a backfit analysis is not 
required for this proposed rule because these amendments do not involve 
any provisions which would impose backfits as defined in 10 CFR 
50.109(a)(1).

List of Subjects In 10 CFR Part 20

    Byproduct material, Criminal penalties, Licensed material, Nuclear 
materials, Nuclear power plants and reactors, Occupational safety and 
health, Packaging and containers, Radiation protection, Reporting and 
recordkeeping requirements, Source material, Special nuclear material, 
Waste treatment and disposal.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR Part 20.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

    1. The authority citation for Part 20 continues to read as follows:

    Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 
stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 
2134, 2201, 2232, 2236, 2297f); secs. 201, as amended, 202, 206, 88 
stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    2. In Sec. 20.1003, the definition of Constraint is added to read 
as follows:


Sec. 20.1003  Definitions.

* * * * *
    Constraint (dose constraint) means a value above which specified 
licensee actions are required.
* * * * *
    3. In Sec. 20.1101 paragraph (d) is added to read as follows:


Sec. 20.1101  Radiation protection programs

* * * * *
    (d) To implement the ALARA requirements of Sec. 20.1101(b), and 
notwithstanding the requirements in Sec. 20.1301 of this part, 
licensees other than those subject to Secs. 50.34a or 50.36b, shall 
constrain air emissions of radioactive materials other than radon-222 
so that the individual member of the public likely to receive the 
highest dose will not be expected to receive a dose in excess of 10 
mrem/yr TEDE from these emissions. If a licensee subject to this 
requirement exceeds this dose constraint, the licensee shall report the 
exceedence as provided in Sec. 20.2203 and promptly take appropriate 
corrective action to ensure against recurrence.
    4. In Sec. 20.2203 a new paragraph (a)(2)(vi) is added and the 
section heading and paragraph (b)(1)(iv) are revised to read as 
follows:


Sec. 20.2203  Reports of exposures, radiation levels, and 
concentrations of radioactive material exceeding the constraints or 
limits.

    (a) * * *
    (2) * * *
    (vi) The ALARA constraints for air emissions established under 
Sec. 20.1101(c); or
    (b) * * *
    (1) * * *
    (iv) Corrective steps taken or planned to ensure against a 
recurrence, including the schedule for achieving conformance with 
applicable limits, ALARA constraints, generally applicable 
environmental standards, and associated license conditions.
* * * * *
    Dated at Rockville, Maryland, this 7th day of December, 1995.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-30334 Filed 12-12-95; 8:45 am]
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