[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Proposed Rules]
[Pages 6799-6801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4022]



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DEPARTMENT OF ENERGY
10 CFR Part 834

[Docket No. EH-RM-93-834]
RIN 1901-AA38


Radiation Protection of the Public and the Environment

AGENCY: Department of Energy.

ACTION: Notice of limited reopening of the comment period.

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SUMMARY: On March 25, 1993, DOE published a Notice of Proposed 
Rulemaking to add a new part establishing standards for the protection 
of the public and the environment against exposure to radiation from 
conduct of DOE activities. The purpose of this notice is to reopen the 
comment period for 30 days in order to solicit comments on an option 
being considered to protect terrestrial plants and animals from 
exposure to radiation. This option is being considered in light of 
comments received which recommended that radiation protection be 
required for terrestrial organisms in a manner similar to that proposed 
for aquatic organisms.

DATES: The comment period expires March 25, 1996. Comments received 
after this date will be considered if it is practical to do so, but the 
Department is able to ensure consideration of only those comments 
received on or before this date.

ADDRESSES: Written comments on 10 CFR Part 834 (11 copies) should be 
addressed to: PART 834, Mr. Andrew Wallo, U.S. Department of Energy, 
Office of Environment, Safety and Health, EH-412, 1000 Independence 
Avenue, S.W., Washington, D.C. 20585.
    PUBLIC READING ROOM: Copies of the March 25, 1993 Notice of 
Proposed Rulemaking; written comments received on the March 25, 1993 
Notice; the August 31, 1995 Notice of Limited Reopening of Comment 
Periods; the draft regulatory language made available by the August 31, 
1995 Notice; the September 13, 1995 corrected Notice; written comments 
received on the August 31, 1995 Notice; and the December 1995 Workshop 
Report are contained in Docket No. EH-RM-93-834. This docket is 
available for examination in DOE's Freedom of Information Reading Room, 
1E-190, Forrestal Building, 1000 Independence Avenue, S.W., Washington, 
D.C. 20585, (202) 586-6020, between 9 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew Wallo, or Mr. Harold T. 
Peterson, Jr., U.S. Department of Energy, Office of Environment, Safety 
and Health, EH-412, 1000 Independence Avenue, S.W., Washington, D.C. 
20585, (202) 586-2409, fax (202) 586-3915.

SUPPLEMENTARY INFORMATION:

Background

    On March 25, 1993, the Department published a Notice of Proposed 
Rulemaking (58 FR 16268) to codify, in a new part, the Department's 
policies and procedures for protecting the public and the environment 
against exposure to radiation resulting from activities conducted by or 
for the Department (hereafter referred to as the Proposed Rule). The 
Proposed Rule would adopt dose limits for exposure of members of the 
public to radiation and require the reporting of doses above specified 
levels. It would also require the assessment of all releases of 
radioactive material and all doses and potential doses to the public 
from DOE activities to ensure that they are managed in accordance with 
the Department's ``as low as is reasonably achievable'' (ALARA) policy.
    Among the dose limits proposed were limits intended to protect 
native aquatic animal organisms. Subpart F proposed an absorbed dose 
limit of 1 rad/day (0.01 Gray/day) for aquatic animal organisms from 
exposure to radiation or radioactive material discharged in liquid 
waste to natural waterways. The limit was derived from the Department's 
order DOE 5400.5 and a report of the National Council on Radiation 
Protection and Measurements (NCRP).1

    \1\ National Council on Radiation Protection and Measurements 
(NCRP), ``Effects of Ionizing Radiation on Aquatic Organisms,'' NCRP 
Report No. 109 (August 30, 1991). Available for sale from the 
National Council on Radiation, Protection and Measurements, 7910 
Woodmont Avenue, Bethesda, MD 20814.
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    A public hearing on proposed 10 CFR Part 834 was held on May 13, 
1993 in Germantown, Maryland and the 60-day comment period closed on 
June 22, 1993.
    Comments received on Subpart F of the Proposed Rule regarding 
aquatic organisms recommended expanding the rule to include terrestrial 
biota (both plant and animal organisms) in order to provide consistent 
regulation of radiation exposure to biota.
    In June of 1994, DOE sponsored a Workshop on the Effects of 
Ionizing Radiation on Terrestrial Plants and Animals. This workshop was 
attended by experts in radioecology and ecological risk assessment. The 
purpose of the workshop was twofold: (1) to review a 1992 International 
Atomic Energy Agency (IAEA) report 2 on protecting terrestrial 
plants and animals from radiation and (2) to determine if there was 
sufficient information to support setting standards for protection of 
terrestrial biota from ionizing radiation. The workshop resulted in a 
published report summarizing its consensus findings and 
conclusions.3 

[[Page 6800]]
The workshop participants concluded that the 0.1 rad/day (0.001 Gray/
day) limit for terrestrial animals and the 1 rad/day (0.01 Gray/day) 
limit for terrestrial plants recommended by the IAEA were adequately 
supported by the available scientific literature. The participants 
determined that existing data support the application of the dose 
limits for populations of terrestrial organisms to representative 
rather than maximally exposed individuals. Doses within the limits to 
representative members of a population would not be expected to cause 
adverse effects on such populations. Workshop participants further 
agreed with the IAEA report that protecting humans generally protects 
plants and animals except when: (1) Human access is restricted but 
access by biota is not restricted, (2) unique exposure pathways exist 
for plants and animals that do not affect exposure of humans, (3) rare 
or endangered species are present, or (4) other stresses on the 
population are significant. In such cases, site-specific evaluations 
were recommended to ensure that plants and animals were being 
protected.

    \2\ International Atomic Energy Agency (IAEA), ``Effects of 
ionizing radiation on plants and animals at levels implied by 
current radiation protection standards.'' IAEA Technical Report No. 
332, Vienna:IAEA (1992), Available for sale from UNIPUB, Inc., 4611-
F Assembly Drive, Lantham, MD 20706-4391 (301-459-7666).
    \3\ Barnthouse, L. W., ``Effects of Ionizing Radiation on 
Terrestrial Plants and Animals: A Workshop Report.'' Martin Marietta 
Energy Systems. Oak Ridge National Laboratory Report, ORNL/TM-13141 
(December 1995). Copies are available for sale from the National 
Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161. This report is also available in the docket 
for this rulemaking.
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    On August 31, 1995, DOE published a Notice of Limited Reopening of 
Comment Periods (60 FR 45381), corrected September 13, 1995 (60 FR 
47498), of the draft final rule, 10 CFR Part 834 (the Notice), for 
public review and comment. The Notice specifically requested comment on 
Subpart F, ``Requirements for the Protection of Biota,'' concerning 
dose limits for aquatic animals. The regulatory language made available 
by the Notice reserved a section for requirements for the protection of 
terrestrial plants and a section for the protection of terrestrial 
animals. The comment period ended October 13, 1995.
    Commenters on the dose limit in Subpart F agreed that populations 
of aquatic animal organisms would be protected under the draft final 
rule. Commenters also indicated, however, that similar protection for 
terrestrial organisms should be developed under this rule and that the 
currently reserved paragraphs, Sec. 843.232 for terrestrial plants and 
Sec. 834.233 for terrestrial animals, be included in the current 
rulemaking. The comments support the concepts in the current scientific 
literature which are summarized in the 1992 IAEA Report No. 332 \2\ and 
the DOE-sponsored workshop report.\3\
    Based on comments received supporting the inclusion of terrestrial 
plants and animals and the findings and conclusions of the Workshop on 
the Effects of Ionizing Radiation on Terrestrial Plants and Animals, 
the Department is considering the option of including in 10 CFR Part 
834 a section, 834.232, which would contain dose limits for the 
protection of terrestrial plants; a section, 834.233, which would 
contain dose limits for the protection of terrestrial animals; and a 
section, 834.234, which would require a demonstration of compliance. 
The demonstration of compliance section would allow for a graded 
approach for compliance with Secs. 834.231, 834.232, and 834.233 to 
take into consideration various degrees of potential exposure of plants 
and animals to radionuclides in the aquatic and terrestrial 
environments. This approach recognizes the concept that if humans are 
protected, aquatic and terrestrial biota are protected as well and that 
special measures for protecting plants and animals are, therefore, not 
needed under such conditions. However, in situations where (1) the 
protection of humans is achieved by controlling access to contaminated 
areas without commensurate restrictions of access by biota, (2) unique 
exposure pathways exist for plants and animals that do not affect 
exposure of humans, (3) rare or endangered species are present, or (4) 
other stresses on the population are significant, additional 
evaluations or measures may be required to protect biota.
    Based on the similarity of approach between the methods of 
regulating exposure to aquatic and terrestrial organisms, the 
Department is considering the option of including the requirements for 
protection of terrestrial organisms in the final rule in 10 CFR Part 
834 at the same time as the final rule is issued.

Summary of Provisions for Protection of Biota

    The Department is considering the option of including the following 
provisions in Subpart F of proposed 10 CFR Part 834 for the Protection 
of Biota. Under Sec. 834.231, aquatic animals would be protected by 
requiring that a DOE activity shall be conducted in a manner such that 
the absorbed dose to aquatic animals (e.g., fish, mollusk, crustacean 
or any other aquatic invertebrate) would not exceed 1 rad (0.01 Gray) 
per day from exposure to radiation or radioactive material released 
into the aquatic environment.
    Terrestrial plants, pursuant to Sec. 834.232, would be protected by 
requiring that a DOE activity shall be conducted in a manner such that 
the absorbed dose to terrestrial plants (e.g., fern, conifer, or 
flowering plant) would not exceed 1 rad (0.01 Gray) per day from 
exposure to radiation or radioactive material released into the 
terrestrial environment.
    Terrestrial animals, pursuant to Sec. 834.233, would be protected 
by requiring that a DOE activity shall be conducted in a manner such 
that the absorbed dose to terrestrial animals (e.g., amphibian, 
reptile, bird, or mammal) would not exceed 0.1 rad (0.001 Gray) per day 
from exposure to radiation or radioactive material released into the 
terrestrial environment.
    Compliance under Sec. 834.234(a) would be demonstrated by: (1) 
estimating the absorbed dose to a representative aquatic or terrestrial 
organism, or to models of hypothetical organisms chosen to represent 
populations or whole communities of such organisms; (2) using secondary 
effluent or environmental concentration-based screening criteria 
derived by calculating doses to a representative organism; or (3) 
meeting the conditions of Sec. 834.234(c). Site-specific analyses would 
be required in some cases pursuant to Sec. 834.234(a)(1) and (2).
    Endangered species under Sec. 834.234(b) would be protected (1) by 
providing that, unless the conditions of Sec. 834.234(c) are met, 
potential doses to a hypothetical maximally exposed plant or animal 
shall be evaluated to confirm whether measures taken to protect 
populations of non-endangered species would be adequate for the 
protection of endangered species, or (2) if the requirements of 
Sec. 834.234(b)(1) cannot be ensured, by implementing remedial 
measures.
    Pursuant to Sec. 834.234(c), no analysis of exposure to terrestrial 
or aquatic biota would need to be performed if the potential exposure 
to radionuclides in the aquatic or terrestrial environments were such 
that a human could continuously inhabit the location of the 
contaminated media, ingest the water and food grown on the media, and 
the potential dose would not exceed the limit for members of the 
general public (100 mrem or 1 mSv per year) in Subpart B of the 
Proposed Rule, Sec. 834.101. If this dose limit is not exceeded, the 
biota may be considered protected and no analysis of exposure to the 
biota would need to be performed.

Request for Comments

    Comments are invited on whether the proposed dose limits are 
adequate to protect terrestrial and aquatic 

[[Page 6801]]
organisms. In evaluating these limits, it should be noted that the 
proposed dose limit for protection of members of the general public 
(100 mrem or 1 mSv per year) is equivalent to 0.00027 rad per day and, 
where exposure of humans can occur, would be far more restrictive than 
the proposed dose limits for terrestrial or aquatic organisms. The 
Department urges interested members of the public to comment on the 
important issues discussed above. Comments submitted previously in 
response to the Department's August 31, 1995 and September 13, 1995 
Notices need not be resubmitted.

    Issued in Washington, D.C. on February 15, 1996.
Tara O'Toole,
Assistant Secretary, Environment, Safety and Health.
[FR Doc. 96-4022 Filed 2-21-96; 8:45 am]
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