Constraint Level for Air Emissions of Radionuclides

NUCLEAR REGULATORY COMMISSION

10 CFR Part 20

RIN 3150-AF31

Constraint Level for Air Emissions of Radionuclides

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to

establish a constraint of 10 mrem/yr total effective dose equivalent

(TEDE) for dose to members of the public from air emissions of

radionuclides from NRC licensed facilities other than power reactors.

This proposed rule is necessary to provide assurance to the

Environmental Protection Agency (EPA) that future emissions from NRC

licensees will not exceed levels that will provide an ample margin of

safety. This action is expected to be the final step in providing EPA

with a basis upon which to rescind its Clean Air Act (CAA) regulations

for NRC licensed facilities (other than power reactors) and Agreement

State licensees, thereby relieving these licensees from unnecessary

dual regulations.

DATES: Submit comments by March 12, 1996. Comments received after this

date will be considered if it is practical to do so, but the Commission

is able to assure consideration only for comments received on or before

this date.

ADDRESSES: Send comments to: U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001, ATTN: Docketing and Services Branch. Hand

deliver comments to: 11555 Rockville Pike, Rockville, Maryland, between

7:45 a.m. and 4:15 p.m. Federal workdays.

Comments may be submitted electronically, in either ASCII text or

Wordperfect format (version 5.1 or later), by calling the NRC

Electronic Rulemaking Bulletin Board (BBS) on FEDWORLD.

The BBS is an electronic information system operated by the

National Technical Information Service of the Department of Commerce.

The purpose of this bulletin board BBS is to facilitate public

participation in the NRC regulatory process, particularly rulemakings.

With publication of this notice, proposed rulemakings and appropriate

supporting documents will be available for review and comment on the

BBS. These same documents are also available for review and comment at

the NRC's Public Document Room, 2120 L Street NW. (Lower Level),

Washington, DC. The BBS may be accessed using a personal computer, a

modem, and one of the commonly available communications software

packages, or directly via Internet.

The NRC rulemaking bulletin board (rulemaking subsystem) on

FEDWORLD can be accessed directly by using a personal computer and

modem, dialing the toll free number at 1-800-303-9672. Communication

software parameters should be set as follows: parity to none, data bits

to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal

emulation, the NRC rulemaking subsystem can then be accessed by

selecting the ``Rules Menu'' option from the ``NRC Main Menu.'' For

further information about options available for NRC at FEDWORLD consult

the ``Help/Information Center'' from the ``NRC Main Menu.'' Users will

find the ``FEDWORLD Online User's Guides'' particularly helpful. Many

NRC subsystems and databases also have a ``Help/Information Center''

option that is tailored to the particular subsystem.

The NRC subsystem on FEDWORLD also can be accessed by a direct dial

phone number for the main FEDWORLD BBS at 703-321-3339; or by using

Telnet via Internet: fedworld.gov. Using the 703 number to contact

FEDWORLD, the NRC subsystem will be accessed from the main FEDWORLD

menu by selecting the ``Regulatory, Government Administration and State

Systems,'' then selecting ``Regulatory Information Mall.'' At that

point, a menu will be displayed that has the option ``U.S. Nuclear

Regulatory Commission'' that will take you to the NRC Online main menu.

The NRC Online area also can be accessed directly by typing ``/go nrc''

at a FEDWORLD command line. If you access NRC from FEDWORLD's main

menu, then you may return to FEDWORLD by selecting the ``Return to

FEDWORLD'' option from the NRC Online Main Menu. However, if you access

NRC at FEDWORLD by using NRC's toll-free number, then you will have

full access to all NRC systems, but you will not have access to the

main FEDWORLD system.

If you contact FEDWORLD using Telnet, you will see the NRC area and

menus, including the ``Rules Menu''. Although you will be able to

download documents and leave messages, you will not be able to write

comments or upload files. If you contact FEDWORLD using FTP, all files

can be accessed and downloaded, but uploads are not allowed, and all

you will see is a list of files without descriptions (normal Gopher

look). An index file listing all files within a subdirectory, with

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descriptions, is available. There is a 15-minute time limit for FTP

access.

Although FEDWORLD also can be accessed through the World Wide Web

as well, like FTP, that mode only provides access for downloading

files, and does not display the NRC ``Rules Menu.''

For more information on NRC bulletin boards call Mr. Arthur Davis,

Systems Integration and Development Branch, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, telephone (301) 415-5780; e-mail

AXD[email protected].

Comments received on this proposed rule may be examined and/or

copied for a fee at the NRC Public Document Room, 2120 L Street NW.

(Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Charleen T. Raddatz, Office of Nuclear

Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC

20555-0001, telephone (301) 415-6215; e-mail [email protected]

SUPPLEMENTARY INFORMATION: The EPA promulgated National Emission

Standards for Hazardous Air Pollutants (NESHAPs) for radionuclides on

October 31, 1989. Subpart I of 40 CFR 61 was promulgated to implement

the CAA and limit doses to members of the public from air emissions of

radionuclides (other than Radon-222) from all NRC licensees other than

licensees possessing only sealed sources, high-level waste repositories

and uranium mill tailings piles that have been disposed of in

accordance with 40 CFR Part 192 and are subject to the requirements of

Subpart I. Initially, Radon-222 emissions from tailings were covered by

40 CFR 61, Subparts T and W. Subpart T was rescinded for NRC licensees

after Appendix A to Part 40 was amended by the Commission to conform to

changes EPA issued to 40 CFR 192 that adopted the provisions of subpart

T (Subpart W still applies to NRC licensees). Since Radon-222 is

adequately addressed in Appendix A to Part 40 and other provisions of

Part 20 it is not covered in this proposed rulemaking.

Under Subpart I, emissions of radionuclides must be limited so that

no member of the public would receive an effective dose equivalent of

greater than 10 mrem/yr 1.

\1\ Subpart I expresses dose in effective dose equivalent (EDE).

NRC expresses dose in total effective dose equivalent (TEDE). These

terms are essentially equivalent. For the sake of consistency, this

paper will refer to all doses in terms of TEDE.

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In 1990, Congress enacted amendments to the CAA. Section 112(d)(9)

of these amendments to the CAA (the Simpson amendment) states:

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 this section 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.

Upon issuance, the effectiveness of Subpart I for all NRC licensees

was immediately stayed by EPA pending further evaluation. During the

stay period, EPA conducted two studies of the air emissions from NRC

and Agreement State materials licensees. The first was a survey of 367

randomly selected nuclear materials licensees. EPA determined that the

highest estimated dose to a member of the public from air emissions

from these facilities was 8 mrem/yr, based on very conservative

modeling. In addition, 98 percent of the facilities surveyed reported

doses to members of the public resulting from air emissions less than 1

mrem/yr. The second study evaluated dose from air emissions from 43

additional facilities that were selected because of their potential for

air emissions resulting in significant public exposures. EPA found that

75 percent of these licensees had air emissions resulting in an

estimated maximum public dose less than 1 mrem/yr. For the licensees

evaluated, none exceeded 10 mrem/yr.

In its initial proposal to rescind Subpart I for NRC licensees

other than power reactors, EPA stated that:

Based on the result of the survey undertaken by EPA and the

commitments made by NRC in the MOU, EPA has made an initial

determination that the NRC program under the Atomic Energy Act

provides an ample margin of safety to protect the public health (57

FR 56880; December 1, 1992).

However, EPA continued to express concern regarding the adequacy of

the measures to ``assure EPA that future emissions from NRC licensees

will not exceed levels that will provide an ample margin of safety.''

The stay on Subpart I expired on November 15, 1992, and Subpart I

became effective on November 16, 1992. Subsequently, in July of 1993,

the EPA Administrator determined that there was insufficient basis at

that time to rescind Subpart I. Consequently, NRC and Agreement State

licensed facilities are currently subject to dual regulation of air

emissions of radionuclides under both the AEA and the CAA, including

regulatory oversight by EPA (or authorized State) and NRC (or Agreement

State).

NRC licensees subject to Subpart I are also subject to NRC dose

limits for members of the public contained in 10 CFR Part 20, Subpart D

entitled ``Radiation Dose Limits for Individual Members of the Public''

(Subpart D). Under Subpart D, licensees shall ensure that doses to

members of the public are less than 100 mrem/yr from all pathways

(including air emissions) and all sources associated with the

licensee's operation. In addition, doses to members of the public must

be kept as low as is reasonably achievable (ALARA). Based on the

aforementioned studies conducted by EPA and licensee reporting of doses

to members of the public from air emissions to EPA, it is evident that

less than 10 mrem/yr to the maximally exposed member of the public from

air emissions is reasonably achievable.

NRC power reactor licensees subject to 10 CFR 50.34a must keep

doses to members of the public from air emissions consistent with the

numerical guidelines in Appendix I to 10 CFR Part 50. In addition,

these licensees have for many years reported estimated doses to members

of the public from air emissions well below the Subpart I value. Based

on the combination of a continuing regulatory basis for reduced air

emissions and documented proof of the effectiveness of the NRC program

for these licensees, EPA has already proposed to rescind Subpart I for

power reactors licensed by NRC (56 FR 37196; August 5, 1991).

The NRC is proposing to establish a constraint of 10 mrem/yr TEDE

for dose to members of the public from air emissions of radionuclides

from NRC licensed facilities other than power reactors as a part of its

program to maintain doses ALARA. The rulemaking being proposed would

codify numerical values for NRC's application of ALARA guidelines on

radioactive air emissions from its licensees, other than power

reactors. For power reactors, ALARA guidelines have already been

established within 10 CFR 50 and facility licensing conditions. This

regulatory action would ensure that air emissions are maintained at a

very low level and, taking into consideration the elimination of dual

regulation, at little or no cost. This action would also bring

consistency between EPA's dose standard and the NRC's ALARA

application, thereby providing EPA with a basis upon which to rescind

Subpart I as it applies to NRC licensed facilities other than power

reactors. This action is expected to be the final step in providing EPA

with a basis upon which to rescind Subpart I for NRC licensees other

than power reactors.

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NRC has been working cooperatively with EPA over the last several

years to support rescission of EPA's standards in Subpart I of 40 CFR

Part 61 in accordance with Section 112(d)(9) of the CAA. The

fundamental objective of this effort has been to eliminate unnecessary

duplicative regulations that provide no incremental benefit in terms of

public and environmental protection.

The regulatory framework within which NRC proposes to provide a

basis for rescission of Subpart I consists of the requirements in 10

CFR Part 20 to limit doses to members of the public to 100 mrem/yr, to

maintain these doses as far below this limit as is reasonably

achievable (ALARA), and to constrain dose to members of the public from

air emissions of radioactive materials from a single source to 10 mrem/

yr.

If the licensee estimates or measures a dose to a member of the

public expected to receive the highest dose from air effluents to be

less than 10 mrem/yr, the licensee would be required to record the dose

and the assumption used to calculate it consistent with the

requirements of Sec. 20.2103. This data would be made available to

inspectors upon request. If the licensee estimates or measures a dose

to the member of the public expected to receive the highest dose from

air effluents to be greater than 10 mrem/yr, the licensee would be

required to report the dose to NRC in writing within 30 days. In

addition, the licensee would be required to include in that report the

circumstances that led to the greater than 10 mrem/year dose, a

description of the corrective steps the licensee has taken or proposes

to take to ensure that the constraint is not again exceeded, a

timetable for implementing the corrective steps, and the expected

results.

The constraint on dose from air emissions is different than a

limit. Exceeding this constraint would not result in a Notice of

Violation (NOV). Rather, a NOV would be issued only upon failure to

report that actual or estimated doses, from air effluent releases from

a facility, have exceeded the constraint value and/or failure to

institute appropriate measures to correct and prevent further emissions

in excess of those which would result in dose exceeding the constraint

level.

The proposed rule would apply to airborne releases, other than

Radon-222, from all NRC licensees except power reactors. Power reactors

are exempt from this proposed rule because they are already required

under 10 CFR 50.34a to identify, in their application, design

objectives and the means to be employed for keeping doses to members of

the public from air effluents ALARA. Appendix I to Part 50 contains the

numerical guidelines to meet this requirement.

In addition to the discussion above, the Commission is soliciting

comments on the question of whether the 10 mrem constraint should be

established in 10 CFR Part 20, as proposed, or whether it should be

established separately in each appropriate Part of Title 10 instead.

Regulatory Guide

Regulatory Guide 8.37, ALARA Levels for Effluents From Materials

Facilities, is being modified to reflect the introduction of the

constraint on air emissions in the proposed rule and to identify those

methods acceptable to the NRC for implementing the rule. To afford

members of the public with an opportunity to comment on the rule and

guide as a complete package, publication of the guide for comment is

expected to be coincident with publication of the proposed rule, or

within a few weeks of the date of publication of the proposed rule.

Agreement State Compatibility

Section 116 of the CAA authorizes individual States to establish

more restrictive requirements than those presented in Subpart I. In

view of the CAA precedent, the NRC staff is recommending that this rule

be a Division 2 matter of compatibility under the existing

compatibility policy. As such, Agreement States could choose to adopt a

rule which is more restrictive but no less restrictive than the one

approved by the Commission.

The NRC is in the process of revising its compatibility policy and

has issued a proposed policy for public comment (59 FR 37269; July 21,

1994). Although the compatibility policy has not yet been finalized,

the NRC anticipates that a similar level of Agreement State

compatibility will be required for air emissions under the new policy

as is required under a Division Level 2 designation.

Finding of No Significant Environmental Impact

The Commission has determined under the National Environmental

Policy Act of 1969, as amended, and the NRC's regulations in Subpart A

of 10 CFR Part 51, that this rule, if adopted, would not be a major

Federal action significantly affecting the quality of the human

environment and therefore an environmental impact statement is not

required. This action is not expected to have any significant

environmental impact because the programs would provide equivalent

protection. Actual air emissions are not expected to change. The

changes would be procedural methods for demonstrating compliance and

inspection procedures. The environmental assessment and finding of no

significant impact on which this determination is based are available

for inspection and photocopying for a fee at the NRC Public Document

Room, 2120 L Street NW. (Lower Level), Washington, DC.

Paperwork Reduction Act Statement

This proposed rule amends information collection requirements that

are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et

seq). This rule has been submitted to the Office of Management and

Budget (OMB) for review and approval of the information collection

requirements.

The public reporting burden for this collection of information is

estimated to average 80 hours per response, including the time for

reviewing instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. The U.S. Nuclear Regulatory Commission is

seeking public comment on the potential impact of the collection of

information contained in the proposed rule and on the following issues:

1. Is the proposed collection of information necessary for the

proper performance of the functions of the NRC, including whether the

information will have practical utility?

2. Is the estimate of burden accurate?

3. Is there a way to enhance the quality, utility, and clarity of

the information to be collected?

4. How can the burden of the collection of information be

minimized, including the use of automated collection techniques?

Send comments on any aspect of this proposed collection of

information, including suggestions for reducing the burden, to the

Information and Records Management Branch (T-6 F33), U.S. Nuclear

Regulatory Commission, Washington, DC 20555-001, and to the Desk

Officer, Office of Information and Regulatory Affairs, NEOB-10202

(3150-0014), Office of Management and Budget, Washington, DC 20503.

Comments to OMB on the collections of information or on the above

issues should be submitted by January 12, 1996. Comments received after

this date will be considered if it is practical to do so, but assurance

of consideration cannot be given to comments received after this date.

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Public Protection Notification

The NRC 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.

Regulatory Analysis

The Commission has prepared a draft regulatory analysis on this

proposed regulation. The analysis examines the costs and benefits of

the alternatives considered by the Commission. The draft analysis is

available for inspection in the NRC Public Document Room, 2120 L Street

NW. (Lower Level), Washington, DC. Single copies of the analysis may be

obtained from Charleen T. Raddatz, (301) 415-6215.

The Commission requests public comment on the draft analysis.

Comments on the draft analysis may be submitted to the NRC as indicated

under the Addresses heading.

Regulatory Flexibility Certification

In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.

605(b)), the Commission certifies that this rule, if adopted, will not

have a significant economic impact on a substantial number of small

entities. This rule only impacts NRC licensees with emissions of

significant quantities of radioactive material. This category of

licensee includes only a few small businesses.

Backfit Analysis

The NRC has determined that the backfit rule, 10 CFR 50.109, does

not apply to this proposed rule because it does not apply to power

reactor licensees, and therefore, that a backfit analysis is not

required for this proposed rule because these amendments do not involve

any provisions which would impose backfits as defined in 10 CFR

50.109(a)(1).

List of Subjects In 10 CFR Part 20

Byproduct material, Criminal penalties, Licensed material, Nuclear

materials, Nuclear power plants and reactors, Occupational safety and

health, Packaging and containers, Radiation protection, Reporting and

recordkeeping requirements, Source material, Special nuclear material,

Waste treatment and disposal.

For the reasons set out in the preamble and under the authority of

the Atomic Energy Act of 1954, as amended, the Energy Reorganization

Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to

adopt the following amendments to 10 CFR Part 20.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

1. The authority citation for Part 20 continues to read as follows:

Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68

stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701,

106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133,

2134, 2201, 2232, 2236, 2297f); secs. 201, as amended, 202, 206, 88

stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

2. In Sec. 20.1003, the definition of Constraint is added to read

as follows:

Sec. 20.1003 Definitions.

* * * * *

Constraint (dose constraint) means a value above which specified

licensee actions are required.

* * * * *

3. In Sec. 20.1101 paragraph (d) is added to read as follows:

Sec. 20.1101 Radiation protection programs

* * * * *

(d) To implement the ALARA requirements of Sec. 20.1101(b), and

notwithstanding the requirements in Sec. 20.1301 of this part,

licensees other than those subject to Secs. 50.34a or 50.36b, shall

constrain air emissions of radioactive materials other than radon-222

so that the individual member of the public likely to receive the

highest dose will not be expected to receive a dose in excess of 10

mrem/yr TEDE from these emissions. If a licensee subject to this

requirement exceeds this dose constraint, the licensee shall report the

exceedence as provided in Sec. 20.2203 and promptly take appropriate

corrective action to ensure against recurrence.

4. In Sec. 20.2203 a new paragraph (a)(2)(vi) is added and the

section heading and paragraph (b)(1)(iv) are revised to read as

follows:

Sec. 20.2203 Reports of exposures, radiation levels, and

concentrations of radioactive material exceeding the constraints or

limits.

(a) * * *

(2) * * *

(vi) The ALARA constraints for air emissions established under

Sec. 20.1101(c); or

(b) * * *

(1) * * *

(iv) Corrective steps taken or planned to ensure against a

recurrence, including the schedule for achieving conformance with

applicable limits, ALARA constraints, generally applicable

environmental standards, and associated license conditions.

* * * * *

Dated at Rockville, Maryland, this 7th day of December, 1995.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 95-30334 Filed 12-12-95; 8:45 am]

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