40CFRpart61
National Emission Standards
for Hazardous Air Pollutants
EPA-402-R-96-022
                 RESPONSE TO COMMENTS

              NESHAPS RULEMAKING ON NUCLEAR

 REGULATORY COMMISSION AND AGREEMENT STATE LICENSEES

           OTHER THAN NUCLEAR POWER REACTORS
                          December 1996
                   U.S. Environmental Protection Agency
                    Office of Radiaiton and Indoor Air
                        Washington, DC 20460

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                  Response to Comments Document



                    40 CFR Part 61,  Subpart I



   (NRC-Licensees Other Than Commercial  Nuclear Power Reactors)







     This Response to Comments Document responds to comments



received relating to the Agency's rescission of 40 CFR Part .61



Subpart I as applied to facilities other than commercial nuclear



power reactors and not addressed in the preamble to the final



rule.  EPA received written comments from 14 commenters including



individuals, environmental groups, States and industry



representatives in response to EPA's proposal to rescind 40 CFR



Part 61 Subpart I for NRC licensees other than commercial nuclear



power reactors.  See 57 FR 56877  (December 1, 1992).   EPA



subsequently published a notice reopening the comment period for



this rulemaking.  See 60 FR 50161 (September 28, 1995).  This



Notice reaffirmed EPA's 1992 proposal to rescind Subpart I,



described the expected proposed revisions to the NRC program



which would support EPA's rescission, and invited additional



comment on five questions relating to the sufficiency of the



revisions to the NRC program to support the finding required by



CAA Section 112(d)(9).  EPA received written comments from 34



commenters including several individuals, environmental groups,



States and industry in response to the Notice.  In addition, EPA



also received comments from individuals, environmental groups and



industry representatives during public hearings conducted on



January 14, 1993 and February 29, 1996.

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     Given  events  which occurred between EPA and NRC after the
1992 proposal,  including NRC's proposed constraint rule, EPA
believes that the  more  recent comments submitted by a party in
response to the 1995 Notice, should be accorded more weight than
comments previously submitted by that same party in 1992, where
there is inconsistency  between the comments.
     In addition,  EPA's review of the comments has been limited
to the question of whether EPA should rescind Subpart I for NRC
licensees other than commercial nuclear power reactors.  This
rulemaking  was  not intended to reconsider and did not address
whether EPA should have promulgated Subpart I in 1989 or the
appropriateness of EPA's 10 -mrem/yr dose standard.  EPA therefore
rejected as irrelevant  to this rulemaking, comments addressed to
the validity or appropriateness of the promulgation of Subpart I.
1. General
     In response to the 1992 proposal and 1995 Notice, 25
commenters  supported rescission and 23 commenters opposed
rescission.  The Agency has reviewed all comments received in
this rulemaking carefully.
2. 1995 Request  for Comments
     This section  of the Response to Comments Document addresses
the comments received in response to the five questions that the
Agency posed in the Federal Register notice (60 FR 50161,
September 28,  1995) announcing the reopening of the comment
period on its proposed  rescission of 40 CFR 61, Subpart I as it

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applies to NRC licensed facilities other than commercial power
reactors.
2 .1  Question 1:  If NRC adopts the proposed ALARA constraint
     level rule, will the resultant NRC regulatory program assure
     that routine radionuclide emissions from NRC licensees other
     than nuclear power reactors result in doses which are
     consistently and predictably no greater than 10 mrem/year?
     Comment.-  Numerous commenters, both for and against
     rescission, note that it is difficult to comment on the
     effectiveness of a proposed regulation, and caution the EPA
     to reserve its final decision until the NRC has promulgated
     its final ALARA constraint rule.
     Response:  The Agency believes that the draft ALARA
     constraint rule and the background provided by the Agency in
     the Federal Register notice allow for informed public
     comment on which EPA can base its decision. As the Agency
     stated in the Federal Register notice announcing the
     reopening of the comment period, "EPA intends to take final
     action concerning its proposal to rescind subpart I for NRC
     and Agreement State licensees other than nuclear power
     reactors on or after the date that NRC takes final action on
     the ALARA 'constraint level1  rule."  60 FR at 50165
     (September 28, 1995).  Further, as stated in the September
     notice, the Agency did not take final action until NRC
     completed the 'constraint rule'.

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Gonzznentr  Commenters supporting the Agency's proposal to
rescind agree that adoption of an ALARA constraint level
rule will provide additional assurance that the same level
of protection provided by implementation of Subpart I will
be consistently and predictably achieved.  While favoring
rescission, many of these commenters object to the
imposition of such a rule as unnecessary.  Citing the
Agency's Targeted and Random Survey results, and noting that
those levels were achieved prior to the NRC's lowering its
exposure limit to 100 mrem/yr and imposing ALARA as a
mandatory part of every licensee's radiation protection
program, they believe that a constraint rule will only
result in additional compliance burdens without affecting
the already acceptable levels of emissions.
     Commenters opposed to the Agency's proposal to rescind
do not agree that adoption of the ALARA constraint level
will result in the NRC's regulatory program assuring that
doses are consistently and predictably below 10 mrem/yr.
Those commenters believe that since actual measurements of
dose are not required, the NRC will continue a perceived lax
regulatory approach which they believe relies on
self-reporting and inadequate inspections and enforcement.
The NRC's initiatives to move to more risk-based and
performance-based regulations heighten the commenters'
concerns about the long-term effectiveness of the NRC's
program.  These commenters are also concerned that NRC

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recently increased its cost limit to $2,000 per person rem
avoided.
.Response;  The Agency does not find the concerns raised by
those opposed to rescission to be compelling.  In developing
Subpart I, the Agency was cognizant that a large fraction of
the facilities covered by the NESHAP do not employ
continuous effluent or environmental monitoring, and it
determined that release fractions and effluent control
adjustment factors could be developed and applied for use in
compliance assessment.  The Agency also finds that levels of
emissions and doses caused by these facilities, as
documented in its Targeted and Random surveys, do not lead
to the conclusion that the NRC improperly relies on self-
reporting in deference to an effective inspection and
enforcement.program.
     The Agency also finds the argument that NRC has
increased the cost limit per person rem avoided not relevant
to this rulemaking.  NRC has increased the cost limit person
rem avoided from $1,000 to $2,000 and this would potentially
lead to more stringent regulation.  In addition, NRC has
adopted a 10 mrem/yr constraint level which assures that
radionuclide emissions by the affected licensees will be
consistently and predictably below 10 mrem/yr.  If a
licensee exceeds the constraint level, NRC can require the
licensee to take corrective actions to reduce emissions.

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2.2  Question. 2:  If NRC adopts the proposed ALARA
constraint level rule, will NRC have sufficient authority to
require any affected facility with routine radionuclide
emissions at a level which results in doses exceeding 10
mrem/yr to reduce its emissions to a level resulting in
doses no greater than 10 mrem/yr?
Comment:  Many commenters supporting the proposed rescission
believe that the NRC and the Agreement States already have
effective programs with ample authority to compel licensees
to achieve emission levels that will not result in doses
exceeding 10 mrem/yr.  Promulgation of an ALARA constraint
rule will serve to enhance the existing authority.
     Commenters opposed to the proposed rescission do not
believe that imposition of an ALARA constraint rule will
provide the NRC with an enforceable basis for assuring that
doses are maintained at levels below 10 mrem/yr.  Guidance
and ALARA are not enforceable limits, and therefore cannot
provide the same level of protection as the Agency's NESHAP.
Response:   NRC's promulgation of the constraint rule, while
not a limit per se,  requires licensees to notify NRC if the
licensee exceeds 10 mrem/yr tede and implement adequate
corrective actions to ensure that doses do not exceed 10
mrem/yr tede.  EPA has determined that the constraint rule
together with the recently finalized Agreement State
policies and procedures for adequacy and compatibility

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ensure that emissions of radionuclides will be consistently
and predictably below the Subpart I limit.
2 .3  Question 3:  If NRC makes the proposed ALARA constraint
rule a matter of Division Level 2 compatibility, will this
assure that each individual Agreement State establishes an
ALARA constraint level for its licensees which is not
greater than 10 mrem/yr, and requires its licensees to
report and correct exceedances of that level?
Comment:  Commenters favoring rescission contend that
Division Level 2 compatibility will provide the necessary
assurance.
     Commenters opposed to rescission contend that Division
Level 2 compatibility will not provide the same level of
assurance as Division Level 1, which requires "strict"
compatibility.  Several officials of State programs question
whether or not Division Level 2 compatibility would allow
them to adopt requirements more strict than those imposed by
the NRC.
Response:  The Agency believes that Division Level 2
compatibility, or an equivalent level of compatibility,  will
assure that emissions from facilities licensed by the
Agreement States will be maintained at NRC's constraint
level of 10 mrem/yr tede or at a more stringent level.
Adoption of Division Level 2 compatibility, which requires
each Agreement State to incorporate provisions into its
programs at least as stringent as those in the NRC's rule,

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does provide States the opportunity to incorporate even
stricter standards.
2.4 Question 4:  Are the NRC policies establishing criteria.
to evaluate the adequacy and compatibility of Agreement
State programs, and adopting procedures to permit suspension
or termination of Agreement State programs, sufficient to
enable the NRC to take necessary action if it determines
that an Agreement State program is inadequate or
incompatible?
Comment:  Commenters favoring rescission believe that the
NRC has always had the necessary authority to revoke
Agreement State status upon a showing of cause,  and contend
that the NRC's policy statement will enhance all parties'
understanding of the Agreement State program.  Several note
that the "problems" identified with the Agreement State
program have been issues of information flow rather than
issues affecting the protection of the public health and
safety.
     Commenters opposed to rescission contend the NRC has
never shown any commitment to evaluating the adequacy of
Agreement State programs and has never suspended or revoked
Agreement State status.  Given the cutbacks in the NRC's
program, they believe that a weak Agreement State program
would be tolerated by the NRC.

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Response:  The Agency finds that the NRC authority does
provide for suspension or termination of Agreement State
status upon a finding that the state program is inadequate
or incompatible with the NRC's requirements.  Adoption by
the NRC of the policy statements and procedures concerning
adequacy and compatibility provide the required assurance
that inadequate or incompatible agreement state programs
will be corrected or revoked, thus assuring protection of
public health and safety.  See also letter from Martin
Malsch, NRC Deputy General Counsel to Ramona Trovato,
Director of EPA's Office of Radiation and Indoor Air,
November 19, 1996, Docket Entry A-92-50, IV-G-8.
2.5  Question 5:  Do these four actions [addressed in
questions 1-4 above], in addition to other actions taken by
NRC combine to provide an ample margin of safety to protect
public health?
Comment:  Commenters supporting rescission believe that the
NRC's program has consistently provided an ample margin of
safety to protect public health,  and cite the EPA's Targeted
and Random surveys as proof.  They believe the four actions
will only serve to enhance the degree of assurance that the
ample margin of safety is maintained in the future.
     Opponents of rescission do not believe that the NRC's
program, with or without the four actions, provides the
requisite ample margin of safety because:   (1)  NRC's
regulations allow doses of 100 mrem/yr,  and provide for

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exceptions to allow doses as high as 500 mrem/yr;  (2)
guidance and ALARA are not enforceable regulations;  (3)
NRC's mandate is not focused on protecting public health;
and  (4) NRG has never revoked any Agreement State status.  A
few commenters also believe that NRC's "dismal" record of
protecting the public  (e.g., TMI-2, Radiation Sterilizers,
Inc., Time magazine cover story from March 4, 1996) and its
ill-conceived regulatory initiatives (e.g., BRC, elimination
of requirements marginal to safety) provide ample proof that
it does not intend to hamper licensees by making them
operate in a manner that protects the public.  One commenter
also believes that in making any "ample margin"
determination under CAA section 112(d)(9), EPA should base
such a determination on the most recent information on low-
dose exposure.
Response:  The legislative history of Section 112(d)(9)
provides guidance as to what is meant by "an ample margin of
safety" and what process the Administrator is to follow in
making that determination in a rulemaking conducted under
section 112(d)(9).  The Conference Report accompanying S.
1630 - the Clean Air Act Amendments points out that the
"ample margin of safety" finding under section 112(d)(9) is
the same "ample margin of safety" requirement that was
contained in Section 112 of the CAA prior to its amendment
in 1990.
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     EPA has already made a determination in promulgating



Subpart I that compliance with the 10 mrem/yr dose standard



protects the public health with an ample margin of safety.



For the purposes of present rulemaking, EPA has used the 10



mrem/yr standard found to provide an ample margin of safety



as the benchmark by which it evaluates the NEC regulatory



program and the Court of Appeals for the B.C. Circuit has



recently approved this practice in unpublished opinion.



Sierra. Club, et al., v. Environmental Protection Agency,



No.95-1562  (D.C. Cir. October 22, 1996).  EPA's study of NRC



licensees not engaged in nuclear power generation,



determined that the overwhelming majority were below the 10



mrem/yr limit suggesting that the NRC program was currently



affording protection with an ample margin of safety.



     As stated in the Federal Register notice, the Agency



has determined that the promulgation of a constraint rule



and adoption of the policy statements and procedures on



adequacy and compatibility of Agreement State programs,



provide the additional assurances needed to make the finding



required by Section 112(d)(9) that the NRC's program



pursuant to the Atomic Energy Act will provide an ample



margin of safety to protect the public health in the future.



The constraint level, while not a limit, is a value above



which certain actions are required.  Contrary to the



opinions expressed by many commenters opposing rescission,



Section 112(d)(9)  does not require the Agency to find that





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3.
 the NRG regulatory program is identical to EPA's NESHAP
 program.  Rather, the Agency must determine that the NRC and
 EPA regulatory programs are functionally equivalent.  Given
 the NRC's actions with respect to the constraint rule and
 the policy statement concerning adequacy and compatibility,
 together with EPA's study and experience implementing
 Subpart I, EPA has determined that the NRC's regulatory
 program provides an enforceable basis for assuring doses
 caused by air emissions of radionuclides from NRC and
 Agreement State licensed facilities will be consistently and
 predictably below 10 mrem/yr.  Thus, the EPA believes that
 the NRC regulatory program will protect the public to the
 same level as would be afforded by continued implementation
 of Subpart I.
Adequacy of NRC Program - Incinerator Operations
 Commentr Some commenters argue that NRC is lax in
 implementing its regulatory program and thus, does not
 protect the public health with an ample margin of safety.
 Specifically, one commenter argues that NRC does not
 adequately regulate the nuclear operations at the University
 of Michigan and hence the EPA should not rescind Subpart I.
 The following arguments were presented in support of the
 view that the NRC is not properly regulating the incinerator
 operations, as well as other categories of licensees.
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3.1 NRG Concentration Limit
     Comment::  The NRC does not use a dose limit.  Instead they
     use a concentration limit, and this makes it difficult for
     the public to determine the degree of risk they are being
     exposed to.
     .Responser This comment was also received in response to
     EPA's 1992 proposal.  EPA considers this issue to be
     irrelevant, since NRC has adopted a 10 mrem/yr tede
     constraint level.  Further, EPA allows the use of
     concentration tables under, Subpart I for determining
     compliance with that Subpart.
3.2 NRC 100 mrem/yr Limit
     Comment:: The NRC's limit of 100 mrem/yr is 10 times that of
     EPA's limit of 10 mrem/yr.
     Response:  This comment was received in response to EPA's
     1992 proposal.  EPA considers the issue raised to be
     irrelevant because NRC has adopted a 10 mrem/yr tede
     constraint level.  Also, NRC's earlier 500 mrem/yr limit in
     combination with ALARA, has been found in EPA's study to
     achieve the functional equivalency of the Subpart I limit.
3.3 NRC Relationship with Industry
     Comment::  The NRC is trying to relax its regulations at the
     urging of industry and at the expense of the public.
     Response:  EPA disagrees with the comment because NRC has
     adopted a 10 mrem/yr tede constraint rule. In addition,
     effective January 1, 1994, the NRC regulations governing

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     facilities like the University of Michigan were made more
     stringent in that the maximum allowable dose in an
     unrestricted area was lowered from 500 to 100 mrem/yr.  The
     fact that some permissible concentrations have increased
     does not reflect a lessening of protection.  Rather, it
     reflects the change in radiation protection to a methodology
     that better -reflects the risks resulting from a given
     exposure.
3.4 EPA Survey Results Flawed
     Comment:  The designated survey results are flawed in that
     the EPA picked only the wealthiest and brightest facilities;
     i.e., those most likely to comply with the limits.  The
     random survey is flawed because the respondents knew that
     the EPA was conducting the survey.
     Response:   In the designated survey,  the EPA did not pick
     only the "wealthiest and brightest facilities".  Rather, the
     Agency spent a great deal of effort to identify those
     facilities that were likely to emit the largest quantities
     of radioactivity,  thereby resulting in the highest radiation
     dose.
          The letter sent to the random survey respondents
     contained  the following sentence: "You should also be aware
     that Section 113 [of the Clean Air Act]  provides for
     possible criminal sanctions for anyone who knowingly makes
     any false  statement, representation,  or certification in a
     report required by EPA. "  The Agency has no reason to

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     believe that any of the respondents supplied false



     information.



3.5 EPA Survey Relies on Self-Reporting



     Comment:  It is not realistic to rely on self-reporting.



     The University ran the COMPLY code and got a dose of 0.3



     mrem/yr.  The Michigan Department of Natural Resources got a



     COMPLY dose of 10.6 mrem/yr, with 9.7 mrem/yr due to



     radioiodine.



     Response:  Both the EPA and the NRC regulations provide for



     criminal penalties in the event of false information being



     supplied by a licensee.  Periodic inspections of facilities



     and records assure that licensees are in compliance.  The



     differing COMPLY results are discussed in item 3.5.1 below.



3.5.1 Specific Example



     Comment:  Several COMPLY studies made by the Michigan



     Department of Natural Resources (DNR)  and included as an



     attachment to testimony suggest that the radiation dose from



     the University of Michigan incinerator exceeded the Subpart



     I limits of 10 mrem/yr for all radionuclides and 3 mrem/yr



     for radioiodine.  In addition, commenters cited another



     study that had an estimated thyroid dose of 66 mrem from



     radioiodine,. which they state is far higher than the 3



     mrem/yr limit.  They also state that the University of



     Michigan's COMPLY run gave a dose of 0.3 mrem/yr, far lower



     than the other studies.
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Response:  The Agency has run the COMPLY code using the same
1989 emissions data, building and stack parameters, and
distance to the resident as in the DNR COMPLY runs supplied
by the commenter.  The result is a dose in the worst sector
of 0.5 mrem/yr from all radionuclides and 0.3 from
radioiodine.  There are two reasons for this dose being
approximately a factor of 20 lower than the DNR results
cited by the commenter.
     The first reason is that the DNR runs used the COMPLY
default annual average wind speed and frequency.  The Agency
used a wind rose  (which accounts for the actual annual
average frequency and speed with which the wind blows toward
a given sector).  This 'reduced the estimated doses by about
a factor of five to 2.2 for all radionuclides and 2.0
mrem/yr for iodine.  This is because the actual frequency
the wind blows toward the maximum sector is 0.11 versus the
default value of 0.25 and the actual wind speed is 4.2
meters/sec versus the default value of 2.0 meters/sec.
     The second reason is that in the DNR COMPLY runs all
the person's food  (vegetables, milk, and meat) was assumed
to be raised at home.  The Agency put the farms supplying
dairy and meat products one mile away (approximately -the
distance to the city limits; cattle and other farm animals
cannot be raised within the city limits of Ann Arbor).
Having the cattle one mile away but with all the produce
raised at home reduced the doses by about another factor of

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     four to 0.5 for all radionuclides  and 0.3  mrem/yr for
     iodine.
          The Agency notes that both the use of a wind rose,  and
     placing farms in realistic locations are allowed by the
     compliance procedures.
          The Agency does not know what assumptions  and
     parameters were made to obtain the 66 mrem/yr thyroid dose
     in the other study.  However,  note that a  66 mrem/yr thyroid
     dose corresponds to an effective dose equivalent (ede) of
     2.0 mrem/yr (the weighing factor is 0.03), so that it would
     still be within the limit of 3 mrem/yr ede for  radioiodine.
     The Agency does not know the reason for the difference
     between the 0.5 mrem/yr from its COMPLY run and the
     University's 0.3 mrem/yr.  The difference  is not
     significant, however, and could be caused, for  example,  by
     the maximum sector versus the actual sector.
3.6 Basis for 40 CFR Part 61, Subpart I Standard
3.6.1 "Standard Male"
   ,  Comment.-  The EPA standards are based on the "standard
     male".  Why were population groups like women and children
     not considered?
     Response:  This comment relates to the assumptions used in
     the 1989 •rulemaking.  As such it is not relevant to the
     limited scope of this rulemaking.   Notwithstanding the
     above, for the sake of clarity EPA makes the following
     observation:

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          The risk is that from a lifetime exposure to 10
          mrem/yr.  Because the exposure, dose and risk are
          calculated for the whole lifetime, the child's
          risk is inherent.  Additionally, the dose range
          resulting from age dependence appears to be small
          for lifetime exposures.  See "Radionuclides:
          Background Information Document for Final Rules",
          EPA 520/1-84-022-1.  The "standard man" is the
          nomenclature used by the International Commission
          on Radiation Protection (ICRP).  It does not
          presume a sex; rather,  factors like body weight
          and metabolism are standard.
3.6.2 Multiple Sources Not Considered
     Comment:  Why does the EPA not consider multiple sources?
     For example, there may be a hospital, a university,  and a
     radiopharmaceutical company all in the same town.
     Response: This comment 'relates to the assumptions used in
     the 1989 rulemaking.   As such it is not relevant to the
     limited scope of this rescission rulemaking.  Notwithstanding
     the above,  for the sake of clarity EPA makes the following
     observation:
          Because the dose drops  off with approximately the
          square of the distance  between the source and receptor,
          the effects of other, more distant sources on persons
          located close to one source, are usually trivial.
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3.7 CAA Section 112(d)(9) Ample Margin Determination
     Comment:  The determination of safe and acceptable should be
     made under the guidelines of the Vinyl Chloride decision;
     that is, only health factors should be considered, not cost.
     Does the NRC's ALARA principle (as low as reasonably
     achievable) violate the Vinyl Chloride guidelines by taking
     into account costs and benefits?
     .Response;  Section 112(d)(9) authorizes EPA to decline to
     regulate radionuclide emissions from NRC licensees under the
     CAA, provided the Agency determines that NRC's regulatory
     program protects the public health with an ample margin of
     safety.  The legislative history of Section 112(d)(9)
     provides additional guidance as to what is meant by  "an
     ample margin of safety" and what process the Administrator
     is to follow in making that determination in a rulemaking
     conducted under Section 112(d)(9).  The Conference Report
     accompanying S.  1630 points out that the "ample margin of
     safety" finding under Section 112(d)(9) is the same  "ample
     margin of safety" requirement that was contained in Section
     112 of the CAA prior to its amendment in 1990.
          In 1989 EPA promulgated NESHAPs for radionuclides
     utilizing the two step Vinyl Chloride analysis.  In the
     first step EPA determined an acceptable level of risk based
     only on health factors and then in the second step the
     Agency considered health, cost and other factors to
     determine the "ample margin of safety".  EPA has already

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made  a  determination in promulgating  Subpart I that
compliance with  the  10  mrem/yr dose standard protects the
public  health with an ample margin of safety.  See 54 FR
51654 (December  15,  1989).  EPA  conducted a risk assessment
in promulgating  Subpart I in  1989.  EPA  is not revisiting
either  the risk  analysis or decision  methodology that
supported the promulgation of Subpart I; rather, EPA is only
considering whether  NRC's regulatory  program will result in
meeting the 10 mrem/yr  dose standard  established in Subpart
I as  being the level that provides an ample margin of safety
thereby rendering Subpart I unnecessarily duplicative.  EPA
has determined that  NRC's regulatory  program, including the
10 mrem/yr constraint rule, will protect the public to the
same  level as would  continued implementation of Subpart I.
      The determination  that 10 mrem/yr ede constitutes an
ample margin of  safety  was made in the context of the
rulemaking promulgating Subpart I.  The appropriate place to
raise concerns regarding the  adequacy of the standard or
seek  review of the appropriate methodology was in the
context of that  rulemaking and not in this rescission
rulemaking.  For purposes of  the present rulemaking EPA has
used  10 mrem/yr  ede,  the standard found to provide an ample
margin of safety to  protect the public health,  as the
benchmark by which EPA  evaluates the  NRC regulatory program
and in an unpublished opinion the Court of Appeals for the
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B.C. Circuit approved this practice. Sierra Club, et al., v.



Environmental Protection Agency, No.95-1562 (B.C. Cir. October



22, 1996) .



4.  Adequacy of NEC Program General



4.1  EPA Limit Too High



     Comment: The EPA limit of 10 mrem/yr is too high.  Thus, EPA



     does not protect public health with an ample margin of



     safety.



     Response:  This question is outside the scope of the present



     regulatory proceedings since the Agency is not revisiting



     the basis for the standard established in the 1989



     rulemaking.  The commenter's assertion that the EPA limit of



     10 mrem/yr is too high to protect the public health with an



     ample margin of safety is not relevant to the issue of



     whether or not Subpart I should be rescinded.  However, the



     Agency does direct the commenter's attention to the language



     of Section 112 of the Clean Air Act which grants the



     Administrator the authority to establish emission limits at



     the level which he or she determines will protect the public



     health and safety with an ample margin.



4.2 NRC Limit Greater Than EPA's Limit



     Comment:  The NEC's limits are much greater than the EPA



     limit of 10 mrem/yr,  and the ALARA procedures rely on hidden



     negotiations between the facility and the regulators to



     establish actual emission levels.   The NRC uses a different
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     approach than the EPA's approach of formal rulemaking
     coupled with open verification of compliance.
     Response:   EPA rejects this comment in light  of NRC's
     recent promulgation of a 10 mrem/yr constraint rule
     applicable to materials licensees.   Additionally,  EPA does
     not believe the NRC approach prior to the promulgation of
     the constraint rule was ineffective.  The effect of the
     NRC's limits and ALARA procedure was to limit  the dose to
     less than 10 mrem/yr as evidenced by the results from both
     EPA's Random and Targeted surveys,  as well as  EPA's
     implementation of Subpart I.
4.3 Memorandum of Understanding and Penalties for Non-Compliance
     Comment: Several commenters to the 1992 proposal commented
     on the Memorandum of Understanding  (MOU) between EPA and
     NRG.  Commenters were concerned that the 10 mrem/yr goal of
     ALARA was not protective of public health.  Those commenters
     believed that 10 mrem/yr should be the limit and ALARA
     should reduce the dose below that.   Some commenters believe
     that the MOU does not provide for rigorous emissions
     testing.  Commenters argue that the MOU does not define
     penalties for non-compliance.  They believe that penalties
     for non-compliance are -more strict under the Clean Air Act
     than they are under NRC's imprecise, negotiated, undefined
     penalty procedures.
     Response:  EPA is not responding to the comments concerning
     the MOU because the Agency believes such comments were

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     addressed by NRC's promulgation of a constraint rule. The
     constraint rule requires a licensee- which estimates or
     measures a dose to the nearest resident from air emissions
     greater than 10 mrem/yr, to report the dose to NEC in
     writing within 30 days.  The report must also describe the
     corrective steps the licensee has taken or proposes to take
     to ensure that the .10 mrem/yr constraint is not exceeded
     again.  A notice of violation will be issued if a licensee
     fails to report exceeding the constraint.  In addition,
     provisions for penalties are contained in the NRG
     regulations governing licensees.  In general, the penalty
     for a violation is in proportion to the severity of the
     violation.  The Commission does provide for the licensee to
     dispute the facts and/or provide evidence of mitigating
     circumstances, and considers these in its final
     determination of the penalty.  These decisions are a matter
     of public record.
4.4  EPA Failure to Justify Proposal to Rescind
     Comment:  The EPA has failed to justify the proposed
     rescission for the following reasons:
4.4.1  EPA Statistical Analysis of Survey Results
     Comment:  The EPA's statistical analysis refutes the
     Agency's contention that all facilities presently comply
     with the NESHAP limits.
     Response:  The Agency disagrees.  None of the doses caused
     by the facilities that the Agency has evaluated is greater

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     than the limits established by the NESHAP.  The statistical
     analysis, which is based on the deliberately conservative
     assessments of the facilities included in the random survey,
     indicates that it is probable that some small number of
     facilities would be found to exceed the standard using the
     same conservative assumptions to evaluate the doses they
     cause.
     Comment:  The COMPLY computer model used to calculate
     compliance with Subpart I conservatively overestimates
     doses, particularly where the source and the receptor are in
     the same building.  A more realistic dose calculation and
     statistical extrapolation to the entire population would
     show that no facility causes a dose that exceeds 10 mrem/yr.
     Response: EPA believes that the commenter does not
     understand the purpose of EPA's survey.  Apparently the
     commenter believes that the survey was intended to calculate
     the actual dose.  However, the purpose of the survey is to
     determine doses in accordance with the Agency's framework
     for compliance under Subpart I, i.e., COMPLY computer code.
4.4.2 EPA Survey
     Comment:  The EPA's assessment of the facilities does not
     account for possible errors in the inputs used to estimate
     doses.  Given the number of facilities estimated to have
     emissions that result in doses approaching the NESHAPs
     limits, the EPA's failure to assure that all estimates are
                                24

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accurate simply underscores the conclusion that numerous



facilities are causing unacceptable doses.



Response:  The Agency agrees that at facilities where



estimated doses approach the standard, great care must be



exercised to assure that the impacts are not underestimated.



However, the Agency does not agree that it has failed to



exercise this care.  Analysts who performed the assessments



scrutinized the values assigned to input parameters prior to



running the COMPLY code, and the code itself has been



designed to flag parameter values that are outside expected



ranges.  Finally, an independent quality assurance check was



made of each evaluation.  In instances of uncertainty, the



Agency's policy is to assign the more conservative value



(i.e., the higher dose) to assure that the resulting



estimate does not underestimate dose.



Comment:  The conclusions that the EPA has reached



concerning the current levels of exposure rely on data



generated primarily by licensees,  and the EPA cannot rely on



licensees to provide unbiased data.  Neither can the EPA



rely on the MOU that establishes a goal of 10 mrem/yr ede,



as licensees will simple reclassify the maximally exposed



individuals as radiation workers to meet the goal.  The EPA



must recognize that Dr. Gofman's work demonstrates that low



doses of radiation are not protective of public health.



Finally, the EPA should revise its risk assessment to



reflect the findings of Dr. Gofman.





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Response:  The letter sent to the random survey respondents
contained the following sentence: "You should also be aware
that Section 113  [of the Clean Air Act] provides for
possible criminal sanctions for anyone who knowingly makes
any false statement, representations, or certification in a
report required by EPA. "  The Agency has no reason to
believe that any of the respondents supplied false
information.
     The Agency does not find the argument that persons will
simply be reclassified to circumvent the regulations
compelling.
     With respect to Dr. Gofman's findings, the Agency has
reviewed his work, and does not find that his positions are
proven by the evidence.  The Agency constantly reviews the
bases for its radiation risk assessments, and has made
appropriate revisions as new data and/or analyses become
available.
Comment::  The EPA's study of NRC licensed sites and the
conclusion that the facilities are below the NESHAP limit is
unconvincing.  No direct measurements were made by the EPA,
it relies entirely on data provided by the licensees, and no
effort was made in the BID to evaluate whether or not the
sample size was sufficient for drawing valid statistical
inferences.
                           26

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.Response.-  The EPA has already determined in the 1989 NESHAP

rulemaking that measuring emissions is not necessary in

order to determine compliance with the limits.  Therefore,

it does not.believe that relying on data provided by the

licensees was inappropriate, particularly as the letter sent

to the random survey respondents contained the following

sentence: "You should also be aware that Section 113 [of the

Clean Air Act] provides for possible criminal, sanctions for

anyone who knowingly makes any false EPA."  The Agency has

no reason to believe that any of the respondents supplied

false information.

     The discussion in the BID noes not dwell upon the

question of whether or not the size of the random sample is

sufficient to drawing valid statistical inferences for the

simple reason that the sample size was determined a priori

on the basis of the size needed to provide 95% confidence

that the largest value represented the 99th percentile of

the surveyed facilities.

4.4.3  ALARA Is a Future Requirement

Comment.-  The EPA has relied, in part, on the fact that the

NRC will impose ALARA on all its licensees by 1994.  Relying

on a requirement that is not currently effective as a basis

for rescinding the NESHAP is improper.

.Response:  The comment was received in response to the 1992

proposal, as such it is no longer appropriate.  In its 1991
                                          s
revisions to 10 CFR part 20, NRC codified the ALARA


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     principle which had previously been guidance.  Those
     revisions have been effective since 1994.
4.4.4   ALARA Does Not Support Rescission
     Comment:  Even when the NEC's ALARA requirement goes into
     effect, it cannot be found to support rescission. The NRC's
     ALARA requirement explicitly places a cost-benefit
     limitation on control measures that a facility must
     implement, which is in direct conflict with the strictures
     of the court under NRDC vs. EPA 824 F.2d 1146  (B.C. Cir.
     1987)  (en bane) that "safe" be determined irrespective of
     cost considerations.  There is no enforceable basis in the
     NRC's regulations to guarantee that emissions do not result
     in doses exceeding 10 mrem/yr.
     Response:  The issue is now irrelevant, since NRC
     promulgated a constraint level rule requiring NRC licensed
     facilities other than nuclear power reactors to constrain
     emissions of radionuclides to the environment to 10 mrem/yr.
     EPA has determined that the constraint rule provides the
     assurances needed to make the finding required by CAA
     Section 112(d)(9).  EPA has determined that the NRC's
     regulatory program provides an enforceable basis for
     assuring doses caused by air emissions of radionuclides from
     NRC and Agreement State licensed facilities are consistently
     and predictably below 10 mrem/yr.
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4.4.5  Ample Margin Determination
     Comment::  The EPA has failed to fulfill the second step of
     the process for establishing the "ample margin of safety"
     from these facilities.  Nothing in the rulemaking record
     indicates that the EPA considered requiring additional
     emissions reductions beyond those associated with the 10
     mrem/yr standard.  As the discussion of the M.D. Anderson
     Medical Center and the Washington University Medical Center
     indicates, reducing iodine releases by installation of
     charcoal filters can be accomplished.   Yet, the EPA did not
     address whether or not facilities such as the NIH or Johns
     Hopkins should employ such systems. Without performing such
     an analysis,  the EPA is in no position to determine whether
     or not the NRC's program provides the  requisite level of
     protection.
     Response: The determination that 10 mrem/yr ede constitutes
     an ample margin of safety was made in  the context of the
     rulemaking promulgating Subpart I.   The appropriate place to
     raise concerns regarding the adequacy  of the standard or
     seek review of the appropriate methodology was in the
     context of that rulemaking and not in  this rescission
     rulemaking.   For purposes of the present rulemaking EPA has
     used 10 mrem/yr ede,  the standard found to provide an ample
     margin of safety to protect the public health,  as the
     benchmark by  which EPA evaluates the NRC regulatory program
     and in an unpublished opinion the Court of Appeals for the

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B.C. Circuit approved this practice. Sierra. Club, et al., v.
Environmental Protection Agency, No.95-1562 (B.C. Cir.
October 22, 1996).
Commentr  NRC is not a competent regulatory body.  In
support of this premise-, a commenter in 1992 noted NRC's
oversight of Nucrar Metals, Inc., where air emissions data
are not required to be submitted is an example of the NRC's
laxity. Commenters in 1995 noted the potential for high
emissions at low-level waste sites, the UCLA reactor and
some other facilities discussed in the BIB.  These
commenters believe that Subpart I is required to assure the
public that the licensees are in compliance with the
standards.
Response:  EPA conducted an exhaustive study which found
that the overwhelming number of NRC licensees subject to
Subpart I were below the standard.  The Agency has no reason
to believe these results have changed.  COMPLY is available
to the public and no member of the public has provided data
suggesting that the 10 mrem/yr limit has been exceeded.
Comment:  EPA's implementation shows that a few licensees
reported emissions above EPA's standard, therefore EPA's
conclusion that virtually all facilities were below the
limit and that those few above would be in compliance with
adjustments to the COMPLY code, is not a sound basis on
which to rescind.
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     Response:  EPA's survey predicted that 14 facilities would



     exceed the standard.  The method of prediction was



     deliberately designed to be conservative, i.e. designed to



     over estimate the number of facilities that would exceed the



     standard.  EPA believes that its experience implementing



     Subpart I demonstrates the validity of EPA's prediction.



     Those facilities that are out of compliance are not brought



     into compliance by adjustments in the COMPLY code.  In most



     cases, it was found that these facilities were, in fact, in



     compliance, but that they had made procedural errors in



     using COMPLY, or had incorrectly compiled the data entered



     in COMPLY.  Facilities found to be out of compliance must



     undertake measures to lower their emissions sufficiently to



     come into compliance.  EPA believes that the few facilities



     exceeding 10 mrem/yr out of the 6,000 licensees tends to



     confirm the Agency's conclusions.   Additionally,  no facility



     reported exceeding EPA's standard for calendar year 1995.



     Thus,  the Agency believes it is appropriate to rescind



     Subpart I.



4.4.6  EPA Benchmark



     Comment.-  The EPA's selection of "1 in 10,000" as the



     benchmark for safety has been challenged on the grounds that



     it fails to satisfy the court's demand that the level chosen



     must be considered "safe" regardless of cost.   Until that



     litigation is resolved,  the EPA cannot logically determine



     whether or not the NRC's program is adequate.





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Response:  The Agency disagrees with both contentions.  With
respect to the issue of the appropriate benchmark, the
determination that 10 mrem/yr ede constitutes an ample
margin of safety was made in the context of the rulemaking
promulgating Subpart I.  The appropriate place to raise
concerns regarding the adequacy of the standard or seek
review of the appropriate methodology was in the context of
that rulemaking and not in this rescission rulemaking.  For
purposes of the present rulemaking EPA has used 10 mrem/yr
ede, the standard found to provide an ample margin of safety
to protect the public health, as the benchmark by which EPA
evaluates the NRC regulatory program and in an unpublished
opinion the Court of Appeals for the B.C. Circuit approved
this practice. Sierra Club, et al., v. Environmental
Protection Agency, No.95-1562  (D.C. Cir. October 22, 1996).
     With respect to determining whether NRC's program is
adequate, CAA section 112(d)(9) provides the authority for
EPA to rescind Subpart I.  Congress was clear that EPA's
regulatory program, in this case Subpart I, provides the
benchmark against which the Agency determines whether the
NRC program protects the public with an ample margin of
safety.  EPA is rescinding Subpart I because the Agency has
determined that the NRC regulatory program protects the
public health with an ample margin of safety.
Comment.:  The EPA's "dose standards" are illegal under
Section 112.  Since they will not survive judicial review,

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the EPA cannot rely on the NRC's dose standards to provide
equivalent protection. ^
.Response:  Again, the determination that 10 mrem/yr ede
constitutes an ample margin of safety was made in the
context of the rulemaking promulgating Subpart I.  The
appropriate place to raise concerns regarding the adequacy
of the standard or seek review of the appropriate
methodology was in the context of that rulemaking and not in
this rescission rulemaking.
Comment:  The limit on air emissions of radionuclides should
be reduced to 5 mrem/yr.
Response:  This question is outside the scope of the present
regulatory proceedings since the Agency is not revisiting
the basis for the standard set in the 1989 rulemaking.  EPA
believes that it is apparent from the language of Section
112(d)(9)  that where the EPA has already specifically
determined what level of emissions must be achieved to
provide an "ample margin of safety" that level is the
benchmark by which EPA must evaluate the adequacy of the NRG
program.  EPA specifically found when it promulgated Subpart
I in 1989, that 10 mrem/yr would provide the requisite
"ample margin of safety" to protect the public health.  The
Court of Appeals for the B.C.  Circuit recently approved this
interpretation in an unpublished opinion. Sierra Club, et
al.,  v.  Environmental Protection Agency,  No.95-1562 (B.C.
Cir.  October 22,  1996).

                          33

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5.  EPA's Background Information Document
5.1  Source Terms
     Comment:  The Background Information Document (BID) should
     make allowance for the source terms used to evaluate the
     dose from the various facilities having been based upon
     information supplied by the facilities in the surveys and
     not on emission monitoring that is known to be accurate and
     precise.
     Response:  If the contention is that some of the respondents
     in the survey supplied false information, then the Agency
     notes that the letter requesting the information under
     Section 114 of the Clean Air Act points out that there are
     criminal sanctions for those knowingly supplying false
     information.  The Agency has no reason to believe that any
     respondents supplied false information.
          If the contention is that all facilities should have
     emissions monitoring, the Agency notes that only a small
     portion of the licensees are able to monitor their
     emissions.  Most of the facilities (e.g., hospitals) do not
     have definite emission points.  In developing Subpart I, the
     Agency expended considerable time and effort to develop
     release fractions and emission control reduction factors for
     estimating airborne emissions. •
5.2  Procedures
     Comment::  The EPA did not follow its own procedures in
     calculating the dose from the Johns Hopkins incinerator;

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     that is, assume 100 percent release when the temperature is
     above 100 C.
     Response;  The assumption of 100 percent release at elevated
     temperatures is the pre-approved EPA method for estimating
     the source term.  In establishing 100 percent as the pre-
     approved release fraction, the Agency was constrained by the
     need to establish a value that would encompass the physical
     properties of all radionuclides used by NRC licensed
     facilities, even though most radionuclides are not volatile
     at 100 C.  In evaluating likely doses from the John Hopkins
     incinerator, the EPA relied on measurement data obtained
     from other facilities to estimate the likely release
     fractions.  This methodology is fully appropriate for the
     EPA purposes.  Had the facility itself used such a
     methodology, it would have required the prior approval of
     the EPA.
5.3  Estimate of Number of Facilities Expected to Exceed NESHAP
     Comment:  Two commenters disagree with the statement in the
     BID that "—EPA expects that 16 facilities out of
     approximately 6,000 cause doses in excess of the NESHAP
     standard."  These commenters are confident that had the EPA
     surveyed all of the facilities, they would have found that
     none have doses greater than the standard.
     Response:  The estimate in the BID was 14,  not 16,
     facilities above the standard.   The Agency agrees,  however,
     that the estimate of 14 is based upon a statistical

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     extrapolation and does not represent a certainty that there
     are 14.
5.4  Radiation Dose at the Fence Line
     Comment::  The BID should include estimates of the radiation
     dose at the fence line.  In the future persons could move
     closer than the current closest resident, school, or
     business.
     Response:  This question is outside the scope of the present
     regulatory proceedings since the Agency is not revisiting
     the basis for the standard established in the 1989
     rulemaking.  Notwithstanding the above, for the sake of
     clarity EPA makes the following observation:
          the estimate of .the radiation dose to the
          closest resident, school, or business was an
          attempt to determine the dose to any member
          of the public as specified by Subpart I.
          Subpart I does not require fence line doses,
          only doses at currently-occupied locations.
          If someone should move closer, then he or she
          would then constitute the closest resident,
          school, or business.
5.5  NE.C Inspection and Enforcement Procedures
     Comment;   The BID should describe in detail the NRG
     inspection and enforcement procedure.
     Response:  See Appendix A of the Draft and Final Background
     Information Documents.  Copies are included in the docket

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     for this rulemaking (A-92-50, II.-B-1, V-B-1) .  See also



     NRC's Enforcement Policy (A-92-50, IV-B-5).



5.6  Recommended Changes to the BID



     Comment:   The NRC supports EPA's decision to rescind



     Subpart I for NRC and Agreement State licensed facilities.



     The Commission did provide extensive specific comments on



     the 1992 (draft)  BID seeking minor corrections or



     clarifications.



     Response:   These comments have been closely reviewed and



     appropriate changes made to the final BID.



6.   Prevention of Future Increases in Emissions



     Comment:  In the 1992 proposal, EPA cites two regulations



     governing radionuclide emissions: 40 CFR 190 and 10 CFR 20.



     Neither of these rules,  either singly or in combination, is



     sufficient to prevent future increases in radionuclide



     emissions.



     Response:  This comment was received in response to EPA's



     1992 proposal.  The issue raised is now irrelevant since NRC



     has adopted a 10 mrem/yr constraint level rule.



     Furthermore, EPA has concluded that the constraint level



     rule supports the requisite determination for rescission



     under CAA Section 112(d)(9).  The final promulgation of the



     constraint level rule assures that radionuclide emissions by



     the affected licensees will be consistently and predictably



     below a level which would result in doses exceeding 10



     mrem/yr, and that NRC can require an individual licensee who





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 exceeds the 10 mrem/yr level to take corrective actions to
 reduce emissions.
Establishment of a Medical Advisory Board
 Comment:  Two commenters proposed the establishment of a
 medical advisory board within the EPA.
 Response:  The EPA does not believe that the establishment
 of such an advisory board is necessary at this time.
Impact of Rescission on 40 CFR Part 61 Subpart H
 Comment::  Rescission of Subpart I could lead to the
 rescission of Subpart H.
 Response:  The Agency fails to appreciate the basis for this
 concern.  Promulgation of Subpart H was, in part, premised
 on the understanding that the DOE was self-regulated.  In
 addition, EPA does not have the statutory authority to
 rescind regulations which apply to DOE facilities under
 Section 112(d)(9) of the CAA.
 Comment;  One commenter requests that gaseous diffusion
 plants be included under Subpart I rather than Subpart H.
 Response:   This request is outside the scope of the present
 regulatory proceeding since the Agency is not revisiting the
 standards established in the 1989 rulemaking.  Irrespective
 of the above, for the sake of clarity EPA makes the
 following observation:
      the Agency notes that the Energy Policy Act
      of 1992  (42 U.S.C., Sections 1201-1608)
      provides for the formation of the United

                            38

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9.
      States Enrichment Corporation  (USEC), for
      purposes of transforming the Federal uranium
      enrichment program into a commercial venture.
      The USEC will be a wholly owned Government
      corporation and an agency of the United
      States, subject to all Federal environmental
      laws.  The Energy Policy Act further provides
      that the USEC will lease but not take
      ownership of the Paducah and Portsmouth
      Gaseous Diffusion plants.  40 CFR Part 61,
      Subpart H applies to "any facility owned or
      operated by the Department of Energy..." 40
      CFR section 61.90.  Thus, the Agency believes
      both plants remain subject to Subpart H,
      since the Department of Energy will retain
      ownership of these plants.
Major Sources
 Comment::  It is not clear whether facilities that emit
 radionuclides will be considered major sources that require
 operating permits.  Until the EPA establishes the definition
 of major source for radionuclides (required by Title V of
 the CAA and 40 CFR Part 70)  it is premature for EPA to
 rescind Subpart I.
 Response:  The comment is not clear and is beyond the scope
 of the present rulemaking.  While the Agency has
 contemplated promulgating a definition of major source for

                           39

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     radionuclides under the CAA by a separate rulemaking, it has
     not done so.  The Agency disagrees with the assertion that
     such a definition is required by Title V of the CAA or the
     Part 70 regulations.
10.  1990 CAA Amendments Require EPA/Surgeon General Report
     Comment;  In the 1990 amendments to the CAA, Congress
     required the EPA and the Surgeon General to report by 1996
     on their findings on health effects and risks of emissions
     and background concentrations of hazardous air pollutants
     (radionuclides are considered hazardous).   Therefore, the
     Agency's rescission of Subpart I is premature.
     Response: The Agency does not find the commenter's assertion
     compelling.  While it is true that the CAA as amended in
     1990 requires EPA "to investigate and report, after
     consultation with the Surgeon General and after opportunity
     for public comment, to Congress on remaining risk," those
     provisions apply to technology based standards promulgated
     under revised CAA Section 112(d).  See CAA Section 112 (f).
     Thus, it is not appropriate for the Agency to consider the
     report in the rescission of Subpart I since the radionuclide
     NESHAPs were expressly "saved" as health-based standards.
     CAA Section 112(q).  EPA is rescinding Subpart I because the
     Agency has determined pursuant to Section 112(d)(9) of the
     CAA as amended, that the NRC regulatory program, including a
     10 mrem/yr constraint level, protects the public health with
     an ample margin of safety.

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11.  Radioactive Waste




     Comment:  A few commenters are concerned with transporting



     radioactive waste by rail and truck because it could lead to



     accidents and no training or funds are being provided to



     emergency personnel.   Some commenters are also concerned



     about the siting of radioactive waste disposal facilities.



     Response:  The Agency understands that transport and



     disposal of radioactive waste are concerns.  However,  the



     concerns as related to rescission of Subpart I are neither



     clear nor compelling.  Additionally, EPA believes that the



     comments are beyond the scope of the present rulemaking.



     Subpart I,  limits radionuclide emissions from NRC licensed



     facilities (stationary sources)  to the ambient air to  that



     amount which would cause any member of the public to receive



     in any year an effective dose equivalent no greater than 10



     mrem.  EPA is rescinding Subpart I because the Agency  has



     determined that the NRC program,  which includes the 10



     mrem/yr constraint level,  protects the public health with an



     ample margin of safety.



          With respect to  accidents which occur during the



     transport of radioactive waste by rail or truck,  the Agency



     notes that during the transport of radioactive waste by rail



     or truck,  Department  of Transportation (DOT)  radioactive



     material packaging and transportation regulations diminishes



     the probability of an airborne release of radioactive



     material exceeding the 10  mrem/yr level.   DOT does provide





                               41

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     training for emergency personnel with the publication and
     distribution of the North American Emergency Response
     Guidebook.  It is unlikely that a rail or truck accident
     involving radioactive waste would result in an airborne
     release of radioactive material.
12.  Chernobyl Data
     Comment:  Given the recent data from Belarus indicating an
     increase in thyroid cancer in children resulting from
     radiodine releases by the Chernobyl accident, EPA should not
     rescind Subpart I and should possibly consider lowering the
     dose limit.
     Response:  This comment is beyond the scope of the present
     rulemaking, since the Agency is not revisiting the standard
     established in the 1989 rulemaking.  The limit in Subpart I
     was established pursuant to an EPA policy for Section 112
     pollutants first announced in the benzene NESHAP (54 FR
     38044, September 14, 1989), utilizing the two-step process
     outlined in the vinyl chloride decision.  Natural Resources
     Defense Council v. EPA, 824 F.2d 1146 (D.C. Cir. 1987).  In
     addition, the Agency believes it is premature to respond or
     react to the Chernobyl data at this time.  EPA would not act
     until such time as the data has undergone the international
     review process.
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