[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1960]
[Federal Register: January 28, 1994]
_______________________________________________________________________
Part VI
Environmental Protection Agency
_______________________________________________________________________
National Emission Standards for Radionuclide Emissions From Facilities
Licensed by the Nuclear Regulatory Commission and Federal Facilities
Not Operated by the Department of Energy; Notice
ENVIRONMENTAL PROTECTION AGENCY
[FRL-4830-7]
RIN 2060-AE39
National Emissions Standards for Radionuclide Emissions From
Facilities Licensed by the Nuclear Regulatory Commission and Federal
Facilities Not Operated by the Department of Energy
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: This notice confirms that 40 CFR part 61, subpart I, is
presently in effect for two categories: (1) Facilities licensed by the
Nuclear Regulatory Commission (NRC) or NRC Agreement States except for
commercial nuclear power reactors and (2) all federal facilities not
operated by the Department of Energy (DOE). The effectiveness of
Subpart I is presently stayed for commercial nuclear power reactors.
The previous stay of Subpart I for NRC and Agreement State licensees
other than nuclear power reactors expired on November 15, 1992, and has
not been extended or renewed. All NRC and Agreement State licensees
other than nuclear power reactors, as well as federal facilities not
operated by DOE, are now subject to all applicable provisions of
subpart I. Each affected facility must demonstrate compliance for
calendar year 1993 with the annual emission standard set forth in 40
CFR 61.102, utilizing the procedures specified in 40 CFR 61.103. Those
facilities which are not exempt from reporting requirements under 40
CFR 61.104(b) must submit the annual report concerning emissions for
calendar year 1993 required by 40 CFR 61.104(a) to EPA by March 31,
1994. Facilities that are unable to gather the necessary information
and report to EPA by March 31, 1994 should request an extension from
the appropriate EPA regional office. EPA will consider extensions of up
to 60 days.
DATES: 40 CFR part 61, subpart I became effective for NRC and Agreement
State licensees other than commercial nuclear power reactors on
November 16, 1992. Those facilities which are not exempt from reporting
requirements under 40 CFR 61.104(b) must submit the annual report
concerning emissions required by 40 CFR 61.104(a) for calendar year
1993 to EPA by March 31, 1994. Facilities that are unable to gather the
necessary information and report to EPA by March 31, 1994 should
request an extension from the appropriate EPA regional office. EPA will
consider extensions of up to 60 days.
FOR FURTHER INFORMATION CONTACT: David P. O'Very, Air Standards and
Economic Branch, Criteria and Standards Division (6602J), Office of
Radiation and Indoor Air, Environmental Protection Agency, Washington,
DC 20460, (202) 233-9762.
SUPPLEMENTARY INFORMATION:
I. Background
On October 31, 1989, EPA promulgated National Emission Standards
for Hazardous Air Pollutants (NESHAPS) to control radionuclide
emissions to the ambient air from several source categories. This rule
was published in the Federal Register on December 15, 1989 (54 FR
51654).
Subpart I limits radionuclide emissions to the ambient air from
NRC-licensed facilities to that amount which would cause any member of
the public to receive in any year an effective dose equivalent (ede) of
10 millirem, of which no more than 3 millirem ede may be from
radioiodines. These limits involved application to radionuclide
emissions of the Agency's policy for regulating section 112 pollutants
which was first announced in the benzene NESHAP (54 FR 38044 September
14, 1989), and utilized the two-step process outlined in NRDC v. EPA,
824 F.2d at 1146 (1987) (the Vinyl Chloride decision).
At the time of promulgation of the radionuclide NESHAPS rule, EPA
granted reconsideration of subpart I based on information received late
in the rulemaking from the NRC and the National Institutes of Health
(NIH). The NRC was concerned about duplicative regulation of its
licensees by NRC and EPA, while the NIH was concerned with the
potential negative effects of the standard on the use of nuclear
medicine in patient treatment. EPA subsequently extended the stay of
the effective date of subpart I on several occasions, pursuant to the
authority provided by section 10(d) of the Administrative Procedure Act
(APA), 5 U.S.C. 705, and section 301(a) of the Clean Air Act, 42 U.S.C.
7601(a). (55 FR 10455, March 21, 1990; 55 FR 29205, July 18, 1990; and
55 FR 38057, September 17, 1990).
In 1990, Congress enacted legislation comprehensively amending the
Clean Air Act, which included a section addressing the issue of
regulatory duplication between EPA and NRC. Section 112(d)(9) of the
CAA provides, that 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 Section 112 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. This
provision enables EPA to eliminate duplication of effort between EPA
and NRC so long as public health is protected with an ample margin of
safety.
On April 24, 1991, EPA issued a final rule staying until November
15, 1992 the effectiveness of subpart I for all categories of
facilities licensed by the NRC or NRC Agreement States except nuclear
power reactors (56 FR 18735). The purpose of this stay was to avoid the
costs and disruption associated with formal implementation of subpart I
while EPA was collecting additional information necessary to make the
substantive determination for these facilities contemplated by CAA
Section 112(d)(9). NESHAPS Rulemaking on Nuclear Regulatory Commission
and Agreement State Licensees Other Than Nuclear Power Reactors, EPA
430-R-92-011 (November 1992). (On August 5, 1991, EPA proposed to
rescind subpart I for commercial nuclear power reactors (56 FR 37196)
and issued a final rule staying the effectiveness of subpart I for
nuclear power reactors during the pendency of the substantive
rulemaking on rescission (56 FR 37158)).
The Natural Resources Defense Council (NRDC) petitioned for
judicial review of the rule staying subpart I for NRC and Agreement
State licensees other than nuclear power reactors. On September 25,
1992, the DC Circuit Court of Appeals issued a decision holding that
EPA had exceeded its authority by staying subpart I while it was
collecting the information required to make a finding under CAA section
112(d)(9). NRDC v. Reilly, 976 F.2d 36 (DC Cir. 1992).
EPA completed its investigation of radionuclide emissions by NRC
and Agreement State licensees other than nuclear power reactors while
the litigation in the DC Circuit Court concerning the rule staying
subpart I for these facilities was still pending. On September 18,
1992, EPA announced that it intended to propose rescission of subpart I
for these facilities and proposed a rule which would further stay
subpart I during the pendency of the substantive rulemaking on
rescission (57 FR 43173). Although EPA did propose to rescind subpart I
for NRC and Agreement State licensees other than nuclear power reactors
on December 1, 1992 (57 FR 56877), EPA did not adopt the proposed stay.
EPA concluded that the Court's ruling in NRDC v. Reilly had left
substantial doubt concerning the legality of any further stay of
subpart I for these facilities and decided not to issue any further
stay. As a result, the rule staying subpart I for NRC and Agreement
State licensees other than nuclear power reactors expired by its own
terms on November 15, 1992, and subpart I took effect for these
facilities on November 16, 1992 (the official mandate implementing the
DC Circuit Court's decision in NRDC v. Reilly was not transmitted until
after the stay had already expired).
II. Implementation of Subpart I as Applied to NRC-Licensed Facilities
Other Than Nuclear Power Reactors
Subpart I became effective on November 16, 1992 for all categories
of facilities licensed by NRC or Agreement States except for commercial
nuclear power reactors. Subpart I was already in effect prior to that
time for federal facilities not operated by DOE.
At this time, EPA has not taken final administrative action
concerning the rule to rescind subpart I for NRC and Agreement State
licensees other than commercial nuclear power reactors which it
proposed on December 1, 1992. EPA is recommending that NRC make certain
changes in its regulatory program in order to fully support the
substantive finding which is required by CAA Section 112(d)(9) before
EPA may rescind subpart I for NRC licensees other than commercial
nuclear power reactors. EPA and NRC are presently engaged in
consultations concerning specific actions which would strengthen the
basis for rescission of subpart I for this category, but it is unlikely
that any agreement between EPA and NRC concerning additional measures
could be implemented quickly. While the rulemaking concerning
rescission is still pending, EPA advises all facilities not to presume
that EPA will take any particular action in that rulemaking and to
proceed in the meantime with all legally required compliance
activities.
Because subpart I first took effect for NRC and Agreement State
licensees other than nuclear power reactors near the end of 1992, EPA
has determined that affected facilities were not required to
demonstrate compliance with subpart I for calendar year 1992. However,
each NRC or Agreement State licensee, as well as each federal facility
not operated by DOE, is now subject to all provisions of subpart I.
Each affected facility must demonstrate compliance for calendar year
1993 with the annual emission standard set forth in 40 CFR 61.102,
utilizing the procedures specified in 40 CFR 61.103. Those facilities
which are not exempt from reporting requirements under 40 CFR 61.104(b)
must submit the annual report concerning emissions for calendar year
1993 required by 40 CFR 61.104(a) to EPA by March 31, 1994. Facilities
that are unable to gather the necessary information and report to EPA
by March 31, 1994 should request an extension from the appropriate EPA
regional office listed below. EPA will consider extensions of up to 60
days.
As required by 40 CFR 61.04, all requests, reports, applications,
submittals, and other communications to EPA pursuant to the standards
in subpart I should be submitted in duplicate to the appropriate
Regional Office of the EPA to the attention of the Director of the
Division indicated in the following list of EPA Regional Offices:
Region I (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont), Director, Air, Pesticides, and Toxics
Management Division, U.S. Environmental Protection Agency, John F.
Kennedy Federal Building, Boston, MA 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Air and Waste Management Division, U.S. Environmental
Protection Agency, Federal Office Building, 26 Federal Plaza, New
York, NY 10278.
Region III (Delaware, District of Columbia, Maryland,
Pennsylvania, West Virginia), Director, Air, Toxics and Radiation
Management Division, U.S. Environmental Protection Agency, 841
Chestnut St., Philadelphia, PA 19107.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, Tennessee), Director, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, 345 Courtland Street NE, Atlanta, GA 30365.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio,
Wisconsin), Director, Air and Radiation Division, U.S. Environmental
Protection Agency, 77 West Jackson Blvd., Chicago, IL 60604-3590.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas),
Director, Air, Pesticides, and Toxics Division, U.S. Environmental
Protection Agency, 1443 Ross Avenue, Dallas, TX 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and
Toxics Division, U.S. Environmental Protection Agency, 726 Minnesota
Avenue, Kansas City, KS 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota,
Utah, Wyoming), Director, Air, Radiation, and Toxics Division, U.S.
Environmental Protection Agency, 999 18th Street, Suite 500, Denver,
CO 80202-2460.
Region IX (American Samoa, Arizona, California, Guam, Hawaii,
Nevada), Director, Air & Toxics Division, U.S. Environmental
Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air &
Toxics Division, U.S. Environmental Protection Agency, 1200 Sixth
Avenue, Seattle, WA 98101.
Facility operators and owners desiring further information should
write to Eleanor Thornton, Air Standards and Economic Branch, Criteria
and Standards Division (6602J), Office of Radiation and Indoor Air,
Environmental Protection Agency, Washington, DC 20460 to obtain a copy
of EPA's Guide for Determining Compliance with the Clean Air Act
Standards for Radionuclide Emissions from NRC-Licensed and Non-DOE
Federal Facilities, the COMPLY computer code, and the User's Guide for
the COMPLY Computer Code.
Dated: January 20, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-1960 Filed 1-27-94; 8:45 am]
BILLING CODE 6560-50-P
