[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Notices]
[Pages 10913-10914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5745]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7156-4]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; National Emission Standards for Hazardous Air 
Pollutants (NESHAPs): Radionuclides

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 notice announces that 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 Air Pollutants (NESHAPs): Radionuclides. The EPA ICR Number 
is 1100.11, and the OMB control number is 2060-0191 which is expiring 
on June 30, 2002. Before submitting the ICR to OMB for review and 
approval, EPA is soliciting comments on specific aspects of the 
proposed information collection as described below.

DATES: Comments must be submitted on or before May 10, 2002.

ADDRESSES: Office of Radiation and Indoor Air, Radiation Protection 
Division, Center for Waste Management, Environmental Protection Agency, 
6608J, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Copies of 
the ICR may be obtained from Eleanor Thornton-Jones at the U.S. 
Environmental Protection Agency, Center for Waste Management, Radiation 
Protection Division, Office of Radiation and Indoor Air, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460-0001; Mail code: 6608J 
or by e-mail: [email protected] or by phone (202) 564-9773.

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 those which 
own or operate Department of Energy (DOE) facilities, elemental 
phosphorus plants, Non-DOE federal facilities and phosphogypsum stacks, 
underground uranium mines and uranium mill tailings piles.
    Title: National Emission Standards for Hazardous Air Pollutants: 
Radionuclides, OMB No. 2060-0191, expiring 6/30/02.
    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 of uranium mill tailings disposal 
sites licensed by the Nuclear Regulatory Commission (NRC) or an 
affected Agreement State.
    Currently, EPA has prepared a final rule amending subparts H and I; 
National Emission Standards for Emissions of Radionuclides Other Than 
Radon from Department of Energy Facilities and the National Emission 
Standards for Radionuclide Emissions from Federal Facilities Other Than 
Nuclear Regulatory Commission Licensees and Not Covered by Subpart H. 
(We are awaiting the Administrator's signature and expect this final 
rule amendment to be published in the Federal Register by the end of 
March 2002.) This amendment is a technical update to ensure that the 
best available science is being used to monitor radionuclide emissions 
from DOE and other federal facilities. Subparts H and I require 
emission sampling, monitoring and calculations to identify compliance 
with the standard. As applicable, subpart H and subpart I require 
sampling and monitoring of radionuclide air emissions in accordance 
with the guidance presented in the American National Standard 
Institute's (ANSI) Guide to Sampling Airborne Radioactive Materials in 
Nuclear Facilities, ANSI N13.1-1969. In 1999, this ANSI standard was 
revised and replaced by the new ANSI/HPS N13.1-1999 standard, entitled 
``Sampling and Monitoring Releases of Airborne Radioactive Substances 
from the Stacks and Ducts of Nuclear Facilities.'' The standard for 
both subparts H and I requires that emissions of radionuclides to the 
ambient air shall not exceed those amounts that would cause any member 
of the public to receive in any year an effective dose equivalent of 10 
millirem/yr. Also, for non-DOE federal facilities, emissions of iodine 
shall not exceed an effective dose equivalent of 3 millirem/yr to any 
member of the public.
    The new ANSI standard provides regulated facilities greater 
flexibility in designing sampling systems while preserving protection 
of human health and the environment. The DOE facilities and non-DOE 
federal facilities other

[[Page 10914]]

than NRC licensees (such as Naval, Department of Defense, and other 
research and industrial facilities) will be required to adopt these 
updated sampling methods for any newly constructed or modified source 
requiring continuous sampling. Existing stacks not undergoing 
modification will not be required to upgrade to the new sampling 
standards; however, more rigorous inspections will be required to 
ensure that all sampling systems--both new and existing--function as 
intended.
    EPA also has rescinded subpart I as it applies to NRC-licensed 
facilities, that became effective on December 30, 1996 (61 FR 68971). 
EPA's decision to rescind subpart I 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 to 
members of the public. A 1992 survey conducted by EPA and data 
collected during the implementation of subpart I found no facility 
exceeding EPA's 10 mrem/yr effective dose equivalent standard. The 
existing subpart I of the radionuclide NESHAPs 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 
record keeping are listed below for each source category:

Department of Energy Facilities--Sections 61.93, 61.94, 61.95
Elemental Phosphorous--Sections 61.123, 61.124, 61.126
Non-DOE Federal Facilities--Sections 61.103, 61.104, 61.105, 61.107
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 61.223, 61.224, 61.253, 61.254, 
61.255,

    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 NESHAPs. If the information were not 
collected, it is unlikely that potential violations of the standards 
would be identified and corrective action would be initiated to bring 
the facilities back into compliance. 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. 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: Non-DOE Federal Facilities--Facilities may use 
written procedures or the COMPLY computer program for demonstrating 
compliance. These procedures and the COMPLY program were designed to 
reduce the burden on smaller facilities for determining compliance. The 
activities of the various respondents consist of reading and 
understanding the regulatory provisions and compliance procedures, 
identifying and listing input data, performing computer runs, preparing 
a report, and storing and maintaining data.
    The estimated burden for each respondent is 32 hours per response. 
This estimate is based on experience gained in preparing radionuclide 
NESHAPs enforcement and compliance guidance material and in 
demonstrating the use of EPA's COMPLY computer program to the 
uninitiated.
    40 CFR 61 Facilities--The estimates of this ICR renewal includes 
DOE facilities, elemental phosphorous plants, non-DOE federal 
facilities other than NRC licensees (such as Naval, Department of 
Defense, and other research and industrial facilities), phosphogypsum 
stacks, underground uranium mines and uranium mill tailings piles. 
Owners and operators of each facility must monitor and track emissions 
and calculate the highest effective dose equivalent. It is assumed that 
all facilities will perform emission testing so that EPA can ensure 
that the regulated facilities are in compliance with the standard, can 
identify violators, and prescribe corrective action to bring the 
facilities back into compliance. The DOE facilities and non-DOE federal 
facilities other than NRC licensees will be required to adopt the 
updated ANSI standard for sampling methods for any newly constructed or 
modified source requiring continuous sampling. Existing stacks not 
undergoing modification will not be required to upgrade to the new 
sampling standards; but will require more rigorous inspections to 
ensure that all sampling systems; both new and existing will function 
as intended. 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.

------------------------------------------------------------------------
                                                              Number of
                         Respondent                           Facilities
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Department of Energy.......................................           40
Elemental Phosphorous......................................            2
Non-DOE not licensed by NRC................................           20
Phosphogypsum Stacks.......................................           35
Underground Uranium Mines..................................            7
Uranium Mill Tailings Piles (Subparts T and W).............           13
                                                            ------------
  Total....................................................          122
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    It is estimated that 122 facilities would be required to report 
emissions and/or effective dose equivalent annually and retain 
supporting records for five years. The total record keeping and 
reporting burden hours is 288 hours times 122 respondents = 35,136 
hours. The estimated annualized capital/start up costs are: $45,000 and 
the annual operation and maintenance costs are $1,581,120.
    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.

    Dated: March 5, 2002.
Bonnie Gitlin,
Acting Director, Radiation Protection Division, Office of Radiation and 
Indoor Air.
[FR Doc. 02-5745 Filed 3-8-02; 8:45 am]
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