Chronic Beryllium Disease Prevention Program

DEPARTMENT OF ENERGY

10 CFR Part 850

[Docket No. EH-RM-98-BRYLM]

RIN 1901-AA75

Chronic Beryllium Disease Prevention Program

AGENCY: Office of Environment, Safety and Health, Department of Energy.

ACTION: Proposed Rule; Notice of limited reopening of the comment

period; request for public comment.

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SUMMARY: The Department of Energy (DOE) reopens the comment period for

30 days, in order to solicit public comments on options that DOE is

considering for criteria to be used for the release or transfer of

equipment and other items previously used in DOE beryllium operations,

either to other DOE facilities or to the public.

DATES: Written comments on the issues presented in this notice must be

received by the Department on or before July 6, 1999.

ADDRESSES: Written comments should be addressed to: Jacqueline D.

Rogers, Office of Environment, Safety and Health (EH-51), Docket No.

EH-RM-98-BRYLM, U.S. Department of Energy, 1000 Independence Ave.,

S.W., Washington, DC 20585. Public comments submitted in response to

DOE's Notice of Proposed Rulemaking, some of which addressed the

subject of this notice, may be read and copied in DOE's Freedom of

Information Reading Room, 1E-190, 1000 Independence Avenue, SW.,

Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jacqueline D. Rogers, Office of

Environment, Safety and Health (EH-51), Docket No. EH-98-BRYLM, U.S.

Department of Energy, 1000 Independence Ave., S.W., Washington, DC

20585, 301-903-5684.

SUPPLEMENTARY INFORMATION: On December 3, 1998, DOE published a Notice

of Proposed Rulemaking (NOPR) in the Federal Register proposing

regulations for a chronic beryllium disease prevention program to

reduce the number of DOE Federal and contractor workers exposed to

beryllium, minimize the levels of and potential for exposure to

beryllium, and establish medical surveillance requirements to ensure

early detection and treatment of disease. 63 FR 66940. This rulemaking

is conducted pursuant to DOE's authority under section 161 of the

Atomic Energy Act of 1954 (AEA) to prescribe such regulations as it

deems necessary to govern any activity authorized by the AEA, including

standards for the protection of health and minimization of danger to

life or property. 42 U.S.C. 2201(i)(3) and (p).

I. Background on Release Criteria

DOE included in the NOPR several issues for public comment,

including a request for information concerning appropriate criteria for

the release or transfer of equipment and other items used in DOE

beryllium activities to other DOE facilities for either beryllium or

non-beryllium uses, or to the public for non-beryllium uses. 63 FR

66948. Equipment that has been used for beryllium work often retains

residual contamination that could present an occupational or public

health hazard if the beryllium becomes airborne. Before such equipment

is sold or otherwise transferred to the public, or released for other

DOE uses, steps must be taken to ensure that there are no potential

health hazards to the receiver of the equipment.

DOE solicited views and information concerning whether DOE should

develop a consistent approach or uniform criteria for the release of

beryllium-related items at DOE facilities. Currently, the criteria vary

among those DOE facilities that have established release criteria for

equipment and other items used in beryllium work. For example, the

Pantex facility in Texas has a surface contamination release criterion

of less than or equal to 0.1 g/100 cm \2\; the Mound facility

in Ohio uses a criterion of less than or equal to 0.3 g/100 cm

\2\; and the Lawrence Livermore National Laboratory uses a criterion of

less than or equal to 1 g/100 cm \2\. The Rocky Flats

Environmental Technology Site in Colorado uses two levels of allowable

surface contamination for items to be released, depending upon the

receiver of the equipment. For equipment to be released to the public

or to other DOE facilities where the equipment will not be used for

beryllium work, the Rocky Flats criterion is less than 0.2 g/

100cm \2\. For equipment released to other DOE facilities where the

equipment will be used for beryllium work, the criterion is the lesser

of the allowable level of the receiving facility, or less than or equal

to 2.5 g/100cm \2\. The Rocky Flats process also compares the

current value of the equipment to the cost of decontamination and the

cost of disposal.

II. Public Comments on the NOPR

The request for comment in the NOPR yielded additional information

and views on the subject of appropriate release criteria. The release

levels recommended by commenters ranged from zero (The Consortium for

Risk Evaluation with Stakeholder Participation) to 1 g/100 cm

\2\ (Fluor-Daniel Hanford, Inc.). The Atomic Weapons Establishment

(AWE) in the United Kingdom stated that AWE uses a release criterion of

1 g/ft \2\ (or about 0.1 g/100cm \2\). Lockheed

Martin Energy Research Corporation commented that DOE should establish

release limits to ensure consistency throughout the DOE complex, but

did not recommend a specific release criterion.

Two commenters recommended establishing a single regulatory release

level. The Navy Environmental Health Center recommended that the level

be the same as the housekeeping surface contamination level. Fluor-

Daniel Hanford, Inc., recommended that the same release criterion or

level apply both to released equipment and to areas of a facility that

are released or transferred to non-beryllium work or uses.

The University of California (UC) recommended a graded approach

based on the nature of the item being released or the recipient. UC

suggested that for ``consumer goods,'' such as desks, machine tools,

and cabinets, the surface contamination level should be less than 0.2

g/100 cm \2\, and the items should be released only to a scrap

metal or waste disposal company (with a release tag

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notification). For items that have internal contamination but are

easily cleaned on the outside, UC recommended a release level of 0.2

g/100 cm \2\ for use within DOE, if the items are labeled to

warn of the potential for internal contamination. For items released

for DOE use that are not easily sampled or are porous, UC recommended

using a stabilizing material (e.g., paint) as a sealant, and a warning

label to indicate that the equipment was previously used in a beryllium

area. UC further recommended that if a graded approach is not included

in the rule, then each site should be permitted to specify release

criteria in its program.

Brush Wellman, Inc., expressed concern about using only a single

surface contamination level to determine the releasability of an item

to the public, because the swipe sampling method alone may not

adequately characterize the potential exposure risk. For example, a

piece of equipment released on the basis of a surface contamination

criterion may contain beryllium dust in cracks and crevices that could

be released during future maintenance.

The Consortium for Risk Evaluation with Stakeholder Participation

(CRESP) commented that allowing the release of equipment or buildings

with detectable levels of beryllium would pose a health risk to the

recipient.

III. Options Being Considered by DOE

DOE has tentatively concluded that the final rule should contain

requirements for the release of beryllium-related items at DOE

facilities. Having preliminarily evaluated the comments submitted in

response to the NOPR request for information, DOE now is considering

specific release criteria within the range of recommendations presented

by the comments already received, and would like public comment on the

options and issues presented in this notice section.

A. Surface Contamination Release Level

The quantitative limit of detection for beryllium (using the OSHA

ICP method) is 0.043 g. This detection limit makes it possible

to determine surface contamination as low as 0.04 g/100 cm

2. However, surface contamination is only a cleanliness

measure, and is not a predictor of health risk from beryllium

contamination. Thus, the selection of an appropriate surface

contamination release level depends on an assessment of health risk,

feasibility, cost, and cleaning technology.

Because of the scientific uncertainty about what is a ``safe''

level of exposure to beryllium, DOE believes that any surface

contamination release level selected should be as low as practicable.

Most of the surface contamination levels established by DOE facilities

and those recommended by public commenters for release of items used in

beryllium areas to the public are in the range of 0.1 g/100

cm2 to 0.3 g/100 cm2. The comment by the

AWE that it reduced the housekeeping surface action level in its

Cardiff, Wales facility to 1 g/ ft2 (about 0.1

g/100 cm2) in 1990 suggests that a public release

level as low as 0.1 g/100 cm2 is achievable, and

therefore, could be a reasonable criterion for release of an item to

the public.

DOE is not inclined to agree with the comment that any detectable

level of beryllium on the surface of an item should be presumed to

present a health risk to the public and, therefore, that no item having

a detectable level of beryllium should be released. There is no

established correlation between surface beryllium levels and airborne

concentrations of beryllium that would pose a health hazard. As OSHA

pointed out in the OSHA Technical Manual Section II, Chapter 2

``Sampling for Surface Contamination,'' ``[surface] sampling is not

attempting to assess the health risk resulting from the contamination.

Rather, it is to ensure that the cleaning and decontamination regimen

is being effectively implemented. . . . Establishing an acceptable

contamination limit will depend on the purpose of cleaning, and what is

feasible for the procedures utilized.''

B. Conditions on Release of Items

The University of California (UC) recommended placing certain

conditions on release based on the nature of the item or user. For

example, ``consumer goods'' (e.g., desks, machine tools, cabinets)

meeting a specified surface contamination level would, under UC's

suggested approach, only be released to a scrap metal or waste disposal

company. On the other hand, UC suggested allowing items to be released

for use within a DOE facility if the item could be easily cleaned on

the outside and it was labeled to warn of the potential for internal

beryllium contamination.

DOE is considering establishing separate surface contamination

levels for release to the public for non-beryllium use, and release to

DOE facilities for beryllium or non-beryllium uses. DOE will consider

this matter in the light of public comments, and invites suggestions

for appropriate conditions on the release of items to the public, or to

DOE facilities for non-beryllium uses.

C. Internal Beryllium Dust or Other Contamination

As noted, surface sampling is not an adequate means of

characterizing potential exposure risk. For example, a lathe or other

piece of equipment released because it is determined to be beryllium-

free on the surface may contain internal beryllium dust that could

become airborne, and therefore present a health hazard, during future

maintenance. On the other hand, other types of equipment may contain

internal beryllium that is combined with other substances (e.g.,

grease) to make it unlikely that the beryllium would ever become

airborne. The presence of this type of entrained contamination, even at

levels above the otherwise applicable release criteria, would not

present a health hazard. DOE invites comment on how the final rule

should address such entrained contamination.

DOE's tentative view is that the final rule should permit the

release of items to the public for non-beryllium uses, or to DOE

facilities for either beryllium or non-beryllium uses, taking all of

these factors into consideration. For example, the final rule might

specify that items may be released for non-beryllium use if they

contain a beryllium contamination level less than or equal to 0.1

g/100 cm2 on surfaces accessible through operation

or maintenance activities. Under this approach, the item would need to

be disassembled as necessary and cleaned to meet the release surface

contamination level. If cleaning is not practicable (e.g., too costly),

the item would be disposed of as waste under this approach.

D. Release to Another Facility for Beryllium Work

The Rocky Flats Environmental Technology Site has established a

surface contamination release level of 0.2 g/100

cm2 for release of an item to the public or to a DOE

facility for non-beryllium work, and a release level of 2.5 g/

100cm2 for an item to be transferred to another DOE facility

for beryllium work. DOE believes it may be prudent to establish a

higher surface contamination release level for items to be transferred

to another DOE facility for beryllium work than is allowed for items

released to the public or for use in DOE non-beryllium work. DOE also

is inclined to adopt in the final rule the release level of

3g/100 cm2 as the surface contamination release

level for equipment and other items that are

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transferred to a DOE facility for beryllium work.\1\

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\\ 3 g/100 cm2 is essentially equivalent to

the Rocky Flats criteria of 2.5 g/100 cm2, after

allowing for the variability of surface sampling.

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DOE invites public comment on this approach and on other

appropriate release criteria for beryllium-contaminated items

transferred to a DOE facility for beryllium work.

IV. Public Comment.

DOE invites interested persons to submit written comments on the

options presented in Section III above, and issues related to release

criteria for items used in DOE beryllium activities.

Issued in Washington, DC on May 27, 1999.

David Michaels,

Assistant Secretary for Environment, Safety and Health, Department of

Energy.

[FR Doc. 99-14077 Filed 6-2-99; 8:45 am]

BILLING CODE 6450-01-P