[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Notices]
[Pages 45809-45810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23081]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6153-1]


Request for Comments: National Emission Standards for Hazardous 
Air Pollutants: Radionuclides; Information Collection Activities Up for 
Renewal (OMB Control Number 2060-0191)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that the Environmental Protection 
Agency (EPA) is planning to submit the following continuing Information 
Collection Request (ICR) to the Office of Management and Budget (OMB): 
National Emission Standards for Hazardous Pollutants; Radionuclides, 
EPA ICR Number: 1100.09, which expires on January 31, 1999. Before 
submitting the ICR to OMB for review and approval, EPA is soliciting 
comments on specific aspects of the collection as described below.

DATES: Comments must be submitted on or before October 26, 1998.

ADDRESSES: Office of Radiation and Indoor Air, Radiation Protection 
Division, Center for Federal Guidance, Air Standards and 
Communications, Environmental Protection Agency, 401 M Street, SW, 
6602J, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Eleanor Thornton-Jones, telephone: 
(202) 564-9773, fax: (202) 565-2065, E-mail: [email protected]

SUPPLEMENTARY INFORMATION:
    Affected Entities: Entities affected by this action are Department 
of Energy (DOE), facilities, elemental phosphorus plants, phosphogypsum 
stacks, underground uranium mines and uranium mill tailings piles.
    Title: National Emission Standards for Hazardous Air Pollutants: 
Radionuclides, OMB No. 2060-0191; EPA ICR No. 1100.09 expiring 1/31/99.
    Abstract: On December 15, 1989 pursuant to section 112 of the Clean 
Air act as amended in 1977 (42 U.S.C. 1857), EPA promulgated NESHAPs to 
control radionuclide emissions from several source categories. The 
regulations were published in 54 FR 51653, and are codified at 40 CFR 
part 61, subparts B, H, I, K, R, T, and W. Due to petitions for 
reconsideration, EPA rescinded subpart T (July 15, 1994, 59 FR 36280) 
as it applies to owners and operators or uranium mill tailings disposal 
sites licensed by NRC or an affected Agreement State.
    Since the last ICR, EPA also has rescinded subpart I as it applies 
to NRC-licensed facilities, effective December 30, 1996 (61 FR 68971). 
EPA rescinded subpart I for NRC licensees because in the 1990 Clean Air 
Act amendments, Congress directed EPA to stop regulating radionuclide 
emissions from NRC licensed facilities if EPA determines that the NRC 
regulatory program protects the public health with an ample margin of 
safety. After careful review, EPA determined that public health would 
be protected with an ample margin of safety by NRC's program. EPA's 
decision was based on NRC's promulgation of the constraint rule, 10 CFR 
part 20 (61 FR 65120, December 10, 1996), requiring licensees to 
establish a dose constraint for air emissions of radionuclides of 10 
mrem/year total effective dose equivalent for dose to members of the 
public; a 1992 survey conducted by EPA which found no facility 
exceeding EPA's 10 mrem/yr effective doses equivalent standard; and 
data collected during implementation of subpart I. The existing subpart 
I of the radionuclide NESHAP now only applies to non-DOE federal 
facilities not licensed by NRC.
    Information is being collected pursuant to Federal regulation 40 
CFR part 61. The pertinent sections of the regulation for reporting and 
recordkeeping are listed below for each source category:

Department of Energy--Sections 61.93, 61.94, 61.95
Elemental Phosphorous--Sections 61.123, 61.124, 61.126
Phosphogypsum Stacks--Sections 61.203, 61.206, 61.207, 61.208, 61.209
Underground Uranium Mines--Sections 61.24, 61.25
Uranium Mill Tailings Piles--Sections 61.253, 61.254, 61.255, 61.223, 
61.224

    An agency 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. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Burden Statement: Data and information collected is used by EPA to 
ensure that public health continues to be protected from the hazards of 
airborne radionuclides by compliance with the National Emission 
Standards for Hazardous Air Pollutants (NESHAP). Compliance is 
demonstrated through emission testing and/or dose calculation. Results 
are submitted to EPA annually for verification of compliance and 
maintained for a period of 5 years. EPA needs this information to 
ensure that the regulated facilities are in compliance with the 
standard, to identify violators, and take corrective action to bring 
the facilities back into compliance.
    Other 40 CFR 61 Facilities--The estimates in this ICR renewal 
include burden on DOE facilities, elemental phosphorous plants, non-DOE 
federal facilities not licensed by NRC, phosphogypsum stacks, 
underground uranium mines and uranium mill tailings piles. For purposes 
of the burden estimates, it is assumed that all facilities will perform 
emission testing in lieu of analytical analysis to estimate emissions 
because, although testing is more time consuming than analytic 
analysis, the ICR estimates are required to represent a worst case 
scenario by a factor of about 20. Required activities consist of 
reading and understanding the regulatory provisions and compliance 
procedures, preparing a test plan, performing testing, performing data 
analysis, preparing a report, and storing and maintaining data. 
Accordingly, it is estimated that the burden will not exceed 288 hours 
per response and more likely be in a 29 to 288 hour range. The overall 
radionuclide NESHAP burden has already been reduced by 80 percent due 
to the rescission of subpart I in December 30, 1996.

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                                                                     Number of                     Annual burden
                           Respondent                               facilities     Burden hours        hours    
----------------------------------------------------------------------------------------------------------------
Department of Energy............................................              40           1,002          40,080
Elemental Phosphorous...........................................               3             268             804
Non-DOE not licensed by NRC.....................................              20              40             800
Phosphogypsum Stacks............................................              20             132           2,640
Phosphogypsum Stacks............................................              10             100           1,000
Underground Uranium Mines.......................................              10             300           3,000
Uranium Mill Tailings Piles, Subpart T..........................              19              96           1,824
Uranium Mill Tailings Piles, Subpart W..........................              10              56             560
                                                                 -----------------------------------------------
      Total.....................................................             132            1994          50,708
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    It is estimated that 132 facilities would be required to report 
emissions and/or effective dose equivalent annually and retain 
supporting records for five years. Estimated annualized capital/start 
up costs are: $45,000 and the annual operation and maintenance costs 
are: $1,744,950.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    Send comments regarding these matters, or any other aspect of the 
information collection, including suggestions for reducing the burden, 
to the address listed above.

    Dated: August 19, 1998.
Frank Marcinowski,
Acting Director, Office of Radiation and Indoor Air.
[FR Doc. 98-23081 Filed 8-26-98; 8:45 am]
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