[Federal Register Volume 65, Number 90 (Tuesday, May 9, 2000)]
[Proposed Rules]
[Pages 29934-29939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11553]



[[Page 29933]]

-----------------------------------------------------------------------

Part IV





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 61



National Emission Standards for Hazardous Air Pollutants; Standard for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities; Standard for Radionuclide Emissions From Federal Facilities 
Other Than Nuclear Regulatory Commission Licenses and Not Covered by 
Subpart H; Proposed Rule

  Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Proposed 
Rules  

[[Page 29934]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[FRL-6604-2]
RIN 2060-AI90


National Emission Standards for Hazardous Air Pollutants; 
Standard for Emissions of Radionuclides Other Than Radon From 
Department of Energy Facilities; Standard for Radionuclide Emissions 
From Federal Facilities Other Than Nuclear Regulatory Commission 
Licensees and Not Covered by Subpart H

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to amend its regulations as they apply to 
operations at any facility owned or operated by the Department of 
Energy (DOE) that emits any radionuclide other than radon-222 and 
radon-220 into the air and as they apply to non-DOE federal facilities 
in the radionuclide National Emission Standards Hazardous Air 
Pollutants (NESHAPs). These regulations require emission sampling, 
monitoring and calculations to identify compliance with the standard. 
To sample and monitor these radionuclide air emissions, both require 
radionuclide emissions from point sources to be measured in accordance 
with the guidance presented in the American National Standard Guide to 
Sampling Airborne Radioactive Materials in Nuclear Facilities, ANSI 
1969. This ANSI standard was revised and replaced by the new ANSI 1999 
standard, entitled ``Sampling and Monitoring Releases of Airborne 
Radioactive Substances from the Stacks and Ducts of Nuclear 
Facilities.'' This proposed amendment will require the use of the new 
ANSI 1999 standard for newly constructed or modified sources subject to 
these radionuclide NESHAPs.

DATES: Comments on this proposed action must be received in writing at 
the address given below on or before by June 9, 2000. A public hearing 
will be held on July 12, 2000, in Washington, DC if a request for such 
a hearing is received by June 9, 2000.

ADDRESSES: Comments on the proposal should be submitted (in duplicate) 
to: Central Docket (6102), Attn: Docket No. A-94-60, U.S. Environmental 
Protection Agency, 401 M Street, SW, Room M1500, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
proposal, contact: Ms. Robin Anderson, Center for Waste Management, 
Office of Radiation and Indoor Air, U.S. Environmental Protection 
Agency, Mailstop 6608J, Ariel Rios Building, 1200 Pennsylvania Avenue, 
NW, Washington, DC 20460, by email: [email protected] or by phone 
(202) 564-9385. For information concerning the public hearing, contact: 
Eleanor Thornton-Jones at the same address, by email: 
[email protected] or by phone (202) 564-9773.

SUPPLEMENTARY INFORMATION:

Docket

    Docket A-94-60 contains the rulemaking record. The docket is 
available for public inspection between the hours of 8 a.m. and 5 p.m., 
Monday through Friday, in room M-1500, Waterside Mall, 401 M Street, 
SW, Washington, DC 20460. A reasonable fee may be charged for copying.

A. Background

A. Regulatory History

    On October 31, 1989, we promulgated the National Emission Standards 
for Hazardous Air Pollutants (NESHAPs) under Section 112 of the Clean 
Air Act to control radionuclide emissions to the ambient air from a 
number of different source categories (54 FR 51654, December 15, 1989 
(Docket A-94-60, Item II-A-1)). Subpart H of 40 CFR Part 61 is one of 
the source categories covered in this 1989 final rule. Facilities owned 
and operated by the Department of Energy (DOE) are covered by Subpart 
H. DOE administers many facilities, including government-owned, 
contractor-operated facilities across the country. Some facilities 
conduct nuclear energy and weapons research and development, some 
enrich uranium and produce plutonium for nuclear weapons and reactors, 
and some process, store and dispose of radioactive wastes. These 
facilities handle significant amounts of radioactive material and can 
emit radionuclides into the air. Some of the DOE facilities emitting 
radionuclides are on large sites covering hundreds of square miles in 
remote locations. Some of the smaller sites resemble typical industrial 
facilities and are located in suburban areas. These facilities emit a 
wide variety of radionuclides in various physical and chemical states. 
The purpose of Subpart H is to limit radionuclide emissions (not 
including radon) from the stacks and vents at DOE facilities so that no 
member of the public receives an effective dose equivalent of more than 
10 millirem per year (mrem/yr).
    Subpart I is the standard for non-DOE federal facilities in the 
radionuclide NESHAPs. The facilities in this category can emit a 
variety of radionuclides. These radionuclides can affect individuals by 
inhalation, ingestion, ground deposition and immersion pathways. 
Individual facilities may emit only one or two radionuclides affecting 
only one or two pathways. The purpose of Subpart I is to limit 
radionuclide emissions, including iodine, from the stacks and vents at 
non-DOE federal facilities including Department of Defense (DOD) and 
other research and industrial facilities so that no member of the 
public receives an effective dose equivalent of more than 10 mrem/year. 
Also, emissions of iodine shall not exceed an effective dose equivalent 
of 3 mrem/year to any member of the public.
    Both Subparts H and I require emission sampling, monitoring and 
calculations to identify compliance with the standard. To sample and 
monitor these radionuclide air emissions, Subpart H in Sec. 61.93, and 
Subpart I in Sec. 61.107, require radionuclide emissions at all release 
points which have a potential to discharge radionuclides into the air 
which could cause an effective dose equivalent in excess of 1% of the 
standard. These measurements must be made in accordance with the 
guidance presented in the ANSI N13.1-1969, ``Guide to Sampling Airborne 
Radioactive Materials in Nuclear Facilities.'' (Docket A-94-60, Item 
II-D-1) However, the 1969 ANSI standard has recently been revised, 
changed in scope, and retitled as, ``ANSI N13.1-1999: Sampling and 
Monitoring Releases of Airborne Radioactive Substances from the Stacks 
and Ducts of Nuclear Facilities.'' (Docket A-94-60, Item II-D-3) It was 
published in the May 1999, Health Physics Newsletter by the Health 
Physics Society Standard Committee and its ANSI Working Group.
    After October 1, 2000, ANSI N13.1-1999 will be the required 
sampling guide for any newly constructed source and any source 
undergoing modification resulting in the effective dose equivalent to 
be greater than 1% of the standard as prescribed in Sec. 61.92 of 
Subpart H and Sec. 61.102 of Subpart I.

B. Purpose of ANSI N13.1-1999

    The original ANSI N13.1-1969 Standard, ``Guide to Sampling Airborne 
Radioactive Materials in Nuclear Facilities,'' was developed to provide 
engineers and designers guidance to adequately sample air in the 
facility to determine the radiation exposure to facility workers and to 
members of the public. The new ANSI N13.1-1999 narrows the scope of the 
standard from any air in the facility to only ducts and stacks of 
nuclear facilities. It provides a performance-based criteria for the

[[Page 29935]]

design and use of systems for sampling the releases of airborne 
radioactive substances in ducts and stacks.
    We determined that it would be appropriate to consider adopting the 
revised standard based on our independent review of ANSI N13.1-1999. 
Our review indicated that the difference between the two standards that 
could significantly impact the representativeness of the sample 
extracted was the requirement for multiple sampling nozzles and 
isokinetic sampling cited in ANSI N13.1-1999. In June 1994, we approved 
the use of single-point sampling using a shrouded probe as an 
alternative methodology to demonstrate compliance with 40 CFR Part 61, 
Subpart H, Sec. 61.93(b)(2)(ii). However, this alternative methodology 
was never promulgated and subsequently not consistently used by DOE. 
ANSI N13.1-1999 advocates the use of single point sampling using a 
similar shrouded probe by stating, ``the use of these rakes [multiple-
point sampling nozzles] is no longer considered good practice.'' This 
assertion is supported by documented research on the shrouded probe. In 
a memo, dated August 26, 1993 (Docket A-94-60, Item II-D-7), from DOE 
to EPA, it was stated that:

    The single-point sampling systems for sampling radioactive 
particulate that are based upon the shrouded probe and located 
according to principles and criteria developed at LANL [Los Alamos 
National Laboratory] in collaboration with Texas A&M University, are 
simpler, more reliable and provide more representative sampling 
performance over a wide range of sampling conditions than the 
standard systems. Losses in the probe inlet and sampling transport 
line are significantly reduced.

    Since 1997, DOE and EPA staff have met on a regular basis to 
discuss the significant issues surrounding Subpart H. In June 1999, DOE 
submitted a paper to the EPA entitled, ``Proposed Implementation of 
ANSI N13.1-1999 at the Department of Energy.''(Docket A-94-60, Item II-
D-6) The purpose of this paper was to describe how DOE could implement 
ANSI N13.1-1999. This paper states that:

    ANSI N13.1-1999 appears to be appropriate for stack sampling and 
monitoring of radioactive emissions at new DOE facilities and at 
facilities that are undergoing significant modifications to 
ventilation systems. The standard describes a low cost, low 
maintenance measurement system, with superior performance and one 
that is easy to operate. It is the preferred system to install in 
new facilities. However, in existing DOE facilities, many require 
modifications that are difficult and costly. The single-point 
sampling approach is drastically different from the isokinetic, 
multi-probe sampling approach utilized in existing stack monitoring 
systems that are in compliance with ANSI N13.1-1969. Upgrades to the 
new ANSI require the complete removal of existing systems, with the 
installation of the new systems requiring substantial testing of 
stack flow characteristics and extensive retrofitting and rework of 
the stack.

    We have taken into account the results of the DOE implementation 
paper, past research on the shrouded probe and the independent review 
of ANSI N13.1-1999 in developing this proposal to amend Subpart H and 
Subpart I to incorporate ANSI N13.1-1999 for any newly constructed 
sources and any source undergoing modification, resulting in the 
effective dose equivalent to be greater than 1% of the standard as 
prescribed in Sec. 61.92 of Subpart H and Sec. 61.102 of Subpart I.

Discussion of the Proposal

A. Justification for the Proposal

    Justification for the proposal is centered around research which 
indicates that single-point sampling using the shrouded probe (ANSI 
N13.1-1999) is superior in performance to multi-point sampling using 
isokinetic probes (ANSI N13.1-1969). This conclusion is documented in 
the report ``Single Point Aerosol Sampling: Evaluation of Mixing and 
Probe Performance in a Nuclear Stack'' by John C. Rodgers et al. (1995) 
(Docket A-94-60, Item II-D-4). A summary of the results found in this 
paper is provided. The term ``ANSI standard'' used in this summary 
below refers to the ANSI N13.1-1969 standard.

    Facilities of the DOE under Subpart H and non-DOE federal 
facilities under Subpart I are required under the EPA NESHAPs to 
continuously monitor radionuclide emissions from any stacks or ducts 
that could contribute more than 0.1 millirem per year to the most 
affected member of the public. ANSI N13.1-1969 serves several roles 
in implementation of the requirements of the radionuclide NESHAPs. 
First, it is intended to provide guidance on the number of sampling 
points that should be used at a given site, with the larger ducts 
requiring more sampling points than smaller ducts, and 
rectangularly-shaped ducts requiring more sampling points than 
circular ducts. As many as 20 sampling points are recommended for 
large rectangular ducts. However, the ANSI standard recognizes that 
fewer points may be used if careful evaluation of the sample 
extraction location shows that the concentration profile is 
relatively flat as a result of good mixing in the stack or duct. 
Second, the ANSI standard provides guidance on the design of probes; 
it recommends sharp-edged probes followed by 90 deg. bends, with a 
constant internal diameter from the inlet through the elbow. Third, 
when the standard required multiple probes, it provides designs for 
rakes of such probes.
    It has been known for some time (Rodgers, 1987: Turner et al, 
1989: McFarland and Rodger, 1993) that the methodology prescribed in 
ANSI N13.1-1969 needed to be improved and updated. The use of the 
``8-and 2-criterion'' is not a reliable predictor of stack mixing 
conditions. [For clarification, ``8-and 2-criterion'' comes from 40 
CFR 60, Appendix A, Method 1: ``Sampling or velocity measurement is 
performed at a site located at least eight stack or duct diameters 
downstream and two diameters upstream from any flow disturbance such 
as a bend, expansion, or contraction in the stack, or from a visible 
flame.'' ANSI N13.1-1969 provides a similar sampling method: ``The 
distance from the transition or elbow to the point of sampling 
should be a minimum of five and preferably ten or more diameters 
downstream * * *. It is recommended that the velocity distribution 
be measured at the anticipated section to determine that flow is 
fully developed and mixing complete.''] In particular, it does not 
provide assurance that fluid momentum and contaminant concentration 
are both well mixed at the sampling location. Use of a multi-nozzle 
rake can lead to significant internal wall losses of aerosol 
particles. Fan et al. (1992) tested such a probe and found that 
approximately 75% of liquid 10  aerodynamic diameter (AD) 
aerosol particles were impacted on the internal wall and only 25% 
transmitted through a rake to a filter collector. The most accurate 
and effective method of achieving continuous representative sampling 
of radioactive aerosol effluents is through the use of a suitably 
designed shrouded probe extracting samples from a single, properly 
prepared and located point in the flow.

    ANSI N13.1-1999 endorses single point sampling of emissions and 
provides performance criteria for selecting the appropriate sampling 
location in the stack and criteria for evaluating the performance of 
the sampling probe and transport system. Sampling systems, based on the 
single point sampling approach, that meet the specified performance 
criteria will meet the precision and accuracy objective of this 
standard. This approach to sampling airborne, radioactive emissions 
from stacks and ducts is considered to be the best approach to 
achieving representative sampling of emissions at a low cost and low 
maintenance.
    The paper, ``Single Point Aerosol Sampling: Evaluation of Mixing 
and Probe Performance in a Nuclear Stack,'' by John C. Rodgers et al. 
concluded by indicating that:

    The transmission ratio (ratio of aerosol concentration at the 
probe exit plane to the concentration in the free stream) was 107% 
for a 113 L/min (4-cfm) anisokinetic shrouded probe, but only 20% 
for an isokinetic probe that follows the ANSI N13.1-1969 
requirements. Even a specially designed isokinetic probe showed a 
transmission ratio of 63%. As a consequence of these limitations, 
recommendations for

[[Page 29936]]

Alternative Reference Methodologies (the shrouded probe) for 
representative sampling of stacks and ducts for emissions of 
radionuclides were prepared (McFarland and Rodgers, 1993). These 
were submitted by DOE to the EPA Administrator under the provisions 
of 40 CFR 61, Subpart H. EPA gave approval in November, 1994 for DOE 
to use the shrouded probe in its facilities (Nichols, 1994). (Docket 
A-94-60, Item II-C-1)

    DOE has not consistently chosen to use the shrouded probe. 
Therefore, by incorporating ANSI N13.1-1999 into Subpart H and into 
Subpart I, DOE and non-DOE Federal facilities will be required to use 
ANSI N13.1-1999 for any newly constructed source and any source 
undergoing modification, resulting in the effective dose equivalent to 
be greater than 1% of the standard as prescribed in Sec. 61.92 of 
Subpart H and Sec. 61.102 of Subpart I. It is not required for existing 
systems to upgrade using ANSI N13.1-1999 because of the strong effort 
towards decontamination and decommissioning (D&D) as well as 
privatization by DOE. It both cases, DOE is involved with cleaning a 
facility and making it available for public use. It would therefore be 
unnecessary and costly for an existing source to upgrade to meet the 
ANSI N13.1-1999 standard and then perhaps in a few years not be in 
existence. However, our proposed rule allows DOE the option to apply 
ANSI N13.1-1999 to existing sources.
    Comments are invited on this proposal. We will monitor the 
implementation of this amendment, once it is promulgated, to ensure 
compliance with the Agency objectives.

Regulatory Analyses

Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this rule under section 605(b) 
of the Regulatory Flexibility Act, 5 U.S.C. 605(b). EPA has further 
determined that this proposed rule will not have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions. The standards being amended apply only to 
Federal facilities.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Today's action contains no Federal 
mandates (under the regulatory provisions of Title II of UMRA) for 
State, local or tribal governments or the private sector.

Paperwork Reduction Act

    There are no information collection requirements in this proposed 
rule.

Review Under Executive Order 12866

    Under Executive Order 12866, 58 FR 51736 (October 4, 1993), EPA 
must determine whether a regulation is ``significant'' and therefore 
subject to review by the Office of Management and Budget. The Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.''
    EPA has determined that this action does not meet any of the 
criteria enumerated above, and therefore does not constitute a 
``significant regulatory action'' under the terms of the Order.

Executive Order 13045: Protection of Children From Environmental Health 
Risks and Safety Risks

    Executive Order 13045 applies to any rule that: (1) is determined 
to be ``economically significant'' as defined under Executive Order 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not involve decisions on environmental health or 
safety risks that may disproportionately affect children.

Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under Section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law, unless 
the Agency consults with State and local officials early in the process 
of developing the proposed regulation.
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Thus, the requirements of 
section 6 of the Executive Order do not apply to this rule.

Executive Order 13084: Consultation and Coordination With Indian Tribal 
Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal

[[Page 29937]]

governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting 
elected and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's proposed rule will not significantly or uniquely affect the 
communities of Indian tribal governments because it will not impose 
substantial direct compliance costs on such communities. Any cost to 
implement ANSI N13.1-1999 will be the responsibility of the applicable 
Federal facility. Accordingly, the requirements of section 3(b) of 
Executive Order 13084 do not apply to this rule.

The National Technology Transfer and Advancement Act 2 of 1995 (NTTAA)

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agencies 
decides not to use available and applicable voluntary consensus 
standards.
    In this rulemaking, EPA proposes to use the ANSI N13.1-1999, 
entitled, ``Sampling and Monitoring Releases of Airborne Radioactive 
Substances from the Stacks and Ducts of Nuclear Facilities,'' (ANS/HPS 
N13.1-1999) a consensus standard developed by the American National 
Standards Institute (ANSI) Working Group.
    The American National Standards Institute (ANSI) has served as 
administrator and coordinator of the United States private sector 
voluntary standardization system for 80 years, by promoting and 
facilitating voluntary consensus standards and conformity assessment 
systems and by promoting their integrity.

List of Subjects in 40 CFR Part 61

    Environmental protection, Air pollution control, Radionuclides, 
Radon, Reporting and recordkeeping requirements.

    Dated: April 27, 2000.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
    For the reasons set forth in the preamble, the Environmental 
Protection Agency proposes to amend 40 CFR part 61 as follows:

PART 61--[AMENDED]

    1. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601, and 7602.

Subpart A--[Amended]

    2. Section 61.18 is amended by adding paragraph (c)(2) to read as 
follows:


Sec. 61.18  Incorporations by reference.

* * * * *
    (c) * * *
    (2) ANSI N13.1-1999 ``Sampling and Monitoring Releases of 
Airborne Radioactive Substances from the Stacks and Ducts of Nuclear 
Facilities,'' IBR approved for Sec. 61.93(b)(1)(i), (ii), (iii), 
(2)(i), (ii), (iii), (iv); and Sec. 61.107(b)(1)(i), (ii), (iii), 
(2)(i), (ii), (iii), (iv).
* * * * *

Subpart H--[Amended]

    2. Section 61.93 is amended by revising paragraphs (b)(1) and 
(b)(2) to read as follows:


Sec. 61.93  Emission monitoring and test procedures.

* * * * *
    (b) * * *
    (1) Effluent flow rate measurements shall be made using the 
following methods:
    (i) For existing sources:
    (A) Reference Method 2 of appendix A to part 60 of this chapter or 
ANSI N13.1-1999 ``Sampling and Monitoring Releases of Airborne 
Radioactive Substances from the Stacks and Ducts of Nuclear Facilities' 
(incorporated by reference--see Sec. 61.18) shall be used to determine 
velocity and volumetric flow rates for stacks and large vents.
    (B) If Reference Method 2 of appendix A to part 60 of this chapter 
was used in paragraph (b)(1)(i)(A) of this section, then Reference 
Method 2A of Appendix A to part 60 of this chapter shall be used to 
measure flow rates through pipes and small vents. If ANSI N13.1-1999 
was used in paragraph (b)(1)(i)(A) of this section then ANSI N13.1-1999 
shall be used to measure flow rates through pipes and small vents.
    (C) The frequency of the flow rate measurements shall depend upon 
the variability of the effluent flow rate. For variable flow rates, 
continuous or frequent flow rate measurements shall be made. For 
relatively constant flow rates, only periodic measurements are 
necessary. If ANSI N13.1-1999 was used in paragraph (b)(1)(i)(A) of 
this section then ANSI N13.1-1999 shall be used to determine the 
frequency of the flow rate measurements.
    (ii) After October 1, 2000, for any newly constructed source and 
any source undergoing modification resulting in the effective dose 
equivalent to be greater than 1% of the standard as prescribed in 
Sec. 61.92:
    (A) ANSI N13.1-1999 shall be used to determine velocity and 
volumetric flow rates for stacks and large vents.
    (B) ANSI N13.1-1999 shall be used to measure flow rates through 
pipes and small vents.
    (C) The frequency of the flow rate measurements shall depend upon 
the variability of the effluent flow rate. ANSI N13.1-1999 shall be 
used to determine the frequency of the flow rate measurements.
    (2) Radionuclides shall be directly monitored or extracted, 
collected and measured using the following methods:
    (i) For existing sources:
    (A) If Reference Method 2 of appendix A to part 60 of this chapter 
was used in paragraph (b)(1)(i)(A) of this section, then Reference 
Method 1 of appendix A to part 60 of this chapter shall be used to 
select monitoring or sampling sites. If ANSI N13.1-1999 was used in 
paragraph (b)(1)(i)(A) of this section, then ANSI N13.1-1999 shall be 
used to select monitoring or sampling sites.
    (B) If Reference Method 1 of appendix A to part 60 of this chapter 
was used in paragraph (b)(2)(i)(A) of this section, then the effluent 
stream shall be directly monitored continuously with an in-line 
detector or representative samples of the effluent stream shall be 
withdrawn continuously from the sampling site following the guidance 
presented in ANSI N13.1-1969 ``Guide to Sampling Airborne Radioactive 
Materials in Nuclear Facilities'' (including the guidance presented in 
appendix A or ANSIN13.1) (incorporated by reference--see Sec. 61.18). 
If ANSI N13.1-1999 was used in paragraph (b)(2)(i)(A) of this section, 
then the effluent stream shall be directly monitored continuously with 
an in-line detector or representative samples of the effluent stream 
shall be withdrawn continuously from the sampling site following the 
guidance presented in ANSI N13.1-1999. The requirements for continuous 
sampling are applicable to batch

[[Page 29938]]

processes when the unit is in operation. Periodic sampling (grab 
samples) may be used only with EPA's prior approval or as stated in 
ANSI N13.1-1999. Such approval may be granted in cases where continuous 
sampling is not practical and radionuclide emission rates are 
relatively constant. In such cases, grab samples shall be collected 
with sufficient frequency so as to provide a representative sample of 
the emissions.
    (C) Radionuclides shall be collected and measured using procedures 
based on the principles of measurement described in appendix B, Method 
114, of this part. Use of methods based on principles of measurement 
different from those described in appendix B, Method 114, of this part 
must have prior approval from the Administrator. EPA reserves the right 
to approve measurement procedures.
    (D) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, Method 114, of this 
part. However, if existing sources elect to following the criteria in 
ANSI N13.1-1999, then the quality assurance program in ANSI N13.1-1999 
shall be used.
    (ii) After October 1, 2000, for any newly constructed source and 
any source undergoing modification resulting in the effective dose 
equivalent to be greater than 1% of the standard as prescribed in 
Sec. 61.92:
    (A) ANSI N13.1-1999 shall be used to select monitoring or sampling 
sites.
    (B) The effluent stream shall be directly monitored continuously 
with an in-line detector or representative samples of the effluent 
stream shall be withdrawn continuously from the sampling site following 
the guidance in ANSI N13.1-1999. The requirements for continuous 
sampling are applicable to batch processes when the unit is in 
operation. Periodic sampling (grab samples) may be used only with EPA's 
prior approval or as stated in ANSI N13.1-1999 ``Sampling and 
Monitoring Releases of Airborne Radioactive Substances from the Stacks 
and Ducts of Nuclear Facilities' (incorporated by reference--see 
Sec. 61.18). Such approval may be granted in cases where continuous 
sampling is not practical and radionuclide emission rates are 
relatively constant. In such cases, grab samples shall be collected 
with sufficient frequency so as to provide a representative sample of 
the emissions.
    (C) Radionuclides shall be collected and measured using procedures 
based on the principles of measurement described in appendix B, Method 
114, of this part. Use of methods based on principles of measurement 
different from those described in appendix B, Method 114, of this part 
must have prior approval from the Administrator. EPA reserves the right 
to approve measurement procedures.
    (D) A quality assurance program shall be conducted that meets the 
performance requirements described in ANSI N13.1-1999.
* * * * *

Subpart I--[Amended]

    3. Section 61.107 is amended by revising paragraphs (b)(1) and 
(b)(2) to read as follows:


Sec. 61.107  Emission determination.

* * * * *
    (b) * * *
    (1) Effluent flow rate measurements shall be made using the 
following methods:
    (i) For existing sources:
    (A) Reference Method 2 of appendix A to part 60 of this chapter or 
ANSI N13.1-1999 ``Sampling and Monitoring Releases of Airborne 
Radioactive Substances from the tacks and Ducts of Nuclear Facilities'' 
(incorporated by reference--see Sec. 61.18) shall be used to determine 
velocity and volumetric flow rates for stacks and large vents.
    (B) If Reference Method 2 of appendix A to part 60 of this chapter 
was used in paragraph (b)(1)(i)(A) of this section, then Reference 
Method 2A of Appendix A to part 60 of this chapter shall be used to 
measure flow rates through pipes and small vents. If ANSI N13.1-1999 
was used in paragraph (b)(1)(i)(A) of this section then ANSI N13.1-1999 
shall be used to measure flow rates through pipes and small vents.
    (C) The frequency of the flow rate measurements shall depend upon 
the variability of the effluent flow rate. For variable flow rates, 
continuous or frequent flow rate measurements shall be made. For 
relatively constant flow rates, only periodic measurements are 
necessary. If ANSI N13.1-1999 was used in paragraph (b)(1)(i)(A) of 
this section, then ANSI N13.1-1999 shall be used to determine the 
frequency of the flow rate measurements.
    (ii) After October 1, 2000, for any newly constructed source and 
any source undergoing modification resulting in the effective dose 
equivalent to be greater than 1% of the standard as prescribed in 
Sec. 61.102:
    (A) ANSI N13.1-1999 shall be used to determine velocity and 
volumetric flow rates for stacks and large vents.
    (B) ANSI N13.1-1999 shall be used to measure flow rates through 
pipes and small vents.
    (C) The frequency of the flow rate measurements shall depend upon 
the variability of the effluent flow rate. ANSI N13.1-1999 shall be 
used to determine the frequency of the flow rate measurements.
    (2) Radionuclides shall be directly monitored or extracted, 
collected and measured using the following methods:
    (i) For existing sources:
    (A) If Reference Method 2 of appendix A to part 60 of this chapter 
was used in paragraph (b)(1)(i)(A) of this section, then Reference 
Method 1 of appendix A to part 60 of this chapter shall be used to 
select monitoring or sampling sites. If ANSI N13.1-1999 was used in 
paragraph (b)(1)(i)(A) of this section, then ANSI N13.1-1999 shall be 
used to select monitoring or sampling sites.
    (B) If Reference Method 1 of appendix A part 60 was used in 
paragraph (b)(2)(i)(A) of this section, then the effluent stream shall 
be directly monitored continuously with an in-line detector or 
representative samples of the effluent stream shall be withdrawn 
continuously from the sampling site following the guidance presented in 
ANSI N13.1-1969 ``Guide to Sampling Airborne Radioactive Materials in 
Nuclear Facilities'' (including the guidance presented in appendix A or 
ANSIN13.1) (incorporated by reference--see Sec. 61.18). If ANSI N13.1-
1999 was used in paragraph (b)(2)(i)(A) of this section, then the 
effluent stream shall be directly monitored continuously with an in-
line detector or representative samples of the effluent stream shall be 
withdrawn continuously from the sampling site following the guidance 
presented in ANSI N13.1-1999. The requirements for continuous sampling 
are applicable to batch processes when the unit is in operation. 
Periodic sampling (grab samples) may be used only with EPA's prior 
approval or as stated in ANSI N13.1-1999. Such approval may be granted 
in cases where continuous sampling is not practical and radionuclide 
emission rates are relatively constant. In such cases, grab samples 
shall be collected with sufficient frequency so as to provide a 
representative sample of the emissions.
    (C) Radionuclides shall be collected and measured using procedures 
based on the principles of measurement described in appendix B, Method 
114, of this part. Use of methods based on principles of measurement 
different from those described in appendix B, Method 114, of this part 
must have prior approval from the Administrator. EPA reserves the right 
to approve measurement procedures.
    (D) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, Method 114, of this 
part.

[[Page 29939]]

However, if existing sources elect to following the criteria in ANSI 
N13.1-1999, then the quality assurance program in ANSI N13.1-1999 shall 
be used.
    (ii) After October 1, 2000, for any newly constructed source and 
any source undergoing modification resulting in the effective dose 
equivalent to be greater than 1% of the standard as prescribed in 
Sec. 61.102:
    (A) ANSI N13.1-1999 shall be used to select monitoring or sampling 
sites.
    (B) The effluent stream shall be directly monitored continuously 
with an in-line detector or representative samples of the effluent 
stream shall be withdrawn continuously from the sampling site following 
the guidance in ANSI N13.1-1999. The requirements for continuous 
sampling are applicable to batch processes when the unit is in 
operation. Periodic sampling (grab samples) may be used only with EPA's 
prior approval or as stated in ANSI N13.1-1999 ``Sampling and 
Monitoring Releases of Airborne Radioactive Substances from the Stacks 
and Ducts of Nuclear Facilities'' (incorporated by reference--see 
Sec. 61.18). Such approval may be granted in cases where continuous 
sampling is not practical and radionuclide emission rates are 
relatively constant. In such cases, grab samples shall be collected 
with sufficient frequency so as to provide a representative sample of 
the emissions.
    (C) Radionuclides shall be collected and measured using procedures 
based on the principles of measurement described in appendix B, Method 
114, of this part. Use of methods based on principles of measurement 
different from those described in appendix B, Method 114, of this part 
must have prior approval from the Administrator. EPA reserves the right 
to approve measurement procedures.
    (D) A quality assurance program shall be conducted that meets the 
performance requirements described in ANSI N13.1-1999.
* * * * *
[FR Doc. 00-11553 Filed 5-8-00; 8:45 am]
BILLING CODE 6560-50-p