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GUIDANCE ON IMPLEMENTING
the
RADIONUCLIDE NESHAPS
U.S. Environmental Protection Agency
Office of Radiation Programs
401 M Street, S.W.
Washington, DC 20460
July 1991
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TABLE OF CONTENTS
1. Introduction 1
1.1 Background and History of the Standards 2
1.2 Implementing these Standards 2
1.3 Format of this Guidance Document 3
2. Summaries of the NESHAPS 4
2.1 Summary of 40 CFR 61 Subpart A Requirements 4
2.2 Exemptions From Applying for Approval to Construct
or Modify 13
2.2.1 Subpart H - Radionuclide Emissions Other than
Radon from DOE Facilities 13
2.2.2 Subpart I - NRC Licensed and Non-DOE
Federal Facilities 14
2.3 NESHAPS Summaries 14
2.3.1 National Emission Standards for Radon Emissions from
Underground Uranium Mines - 40 CFR 61 Subpart B. 15
2.3.2 National Emission Standards for Emissions of Radionuclides
Other than Radon from Department
of Energy Facilities- 40 CFR 61 Subpart H 18
2.3.3 National Emission Standards for Radionuclide
Emissions from Nuclear Regulatory Commission and
Federal Facilities not Covered by Subpart H -
40 CFR 61 Subpart I 24
2.3.4 National Emission Standards for Radionuclide
Emissions from Elemental Phosphorus Plants
40 CFR 61 Subpart K 32
2.3.5 National Emission Standards for Radon Emissions
from Department of Energy Facilities . 40 CFR 61
Subpart Q 35
2.3.6 National Emission Standards for Radon Emissions
from Phosphogypsum Stacks - 40 CFR 61 Subpart R . 36
2.3.7 National Emission Standards for Radon Emissions
from the Disposal of Uranium Mill Tailings -
40 CFR 61 Subpart T 38
2.3.8 National Emission Standards for Radon Emissions
from Operating Mill Tailings - 40 CFR 61
Subpart W 41
3. Radiation Health and Safety Aspects of Inspections 44
3.1 Nuclear Power Reactors - 40 CFR 61 Subpart I 44
3.2 Other NRC Licensees - 40 CFR 61 Subpart I 44
3.3 DOE Facilities - 40 CFR 61 Subpart H 45
3.4 Elemental Phosphorus Plants - 40 CFR 61 Subpart K . 46
3.5 Underground Uranium Mines - 40 CFR 61 Subpart B . 46
3.6 Uranium Mills - 40 CFR 61 Subpart I 46
3.7 Radon Sources - 40 CFR 61 Subparts B, Q, R, T, and W. 47
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4 . Contacts 4 8
4.1 Contacts at Underground Uranium Mines - 40 CFR 61
Subpart B 48
4.2 Contacts at Department of Energy Facilities 40 CFR 61
Subpart H 48
4.3 Contacts at NRC-Licensed and Non-DOE Federal Facilities -
40 CFR 61 Subpart I 52
4.4 Contacts at Elemental Phosphorus Plants - 40 CRF 61
Subpart K 52
4.5 Contacts at DOE Radon Sites - 40 CRF 61 Subpart Q 52
4.6 Contacts at Phosphogypsum Facilities - 40 CRF 61
Subpart R 53
4.7 Contacts at Uranium Mill Tailings Disposal Sites -
40 CRF 61 Subpart T 56
4.8 Contacts at Operating Uranium Mill Tailings Sites -
40 CRF 61 Subpart W 58
5. References 59
6. Questions and Answers about NESHAPS 62
7. Suggested Letter Formats 71
7.1 Application for Modification Not Required 71
7.2 Content of an Application for Approval of Construction
or Modification 71
7.3 Initial Response to Request for (Various Subjects) .... 74
7.4 Notice to Another Federal Agency of NESHAP Applicability . 75
7.5 Notice of NESHAP Applicability 75
Appendix A: Guidance on Approval of Environmental Monitoring
Programs to Demonstrate Compliance with
The DOE NESHAP A-l
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DISCLAIMER
This document summarizes the general NESHAP requirements of 40 CFR 61
Subpart A and the requirements of the radionuclides NESHAPs at 40 CFR 61
Subparts B, H, I, K, Q, R, T, and W. Every effort has been made to insure
that this document faithfully summarizes these regulations. However, should
there be any discrepancy between the regulations and this document, the
correct interpretation shall be that of, and any compliance determination
shall be based upon, the regulations themselves.
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1. INTRODUCTION
1.1 BACKGROUND AND HISTORY OF THE STANDARDS
When Congress amended the Clean Air Act in 1977, it specifically
addressed emissions of radioactive materials. Before that time, emissions of
radionuclides either were regulated under the Atomic Energy Act or were not
regulated at all. Section 122 of the Clean Air Act required the EPA
Administrator to determine, after public notice and opportunity for public
hearings (44 FR 21704, April 11, 1979), whether emissions of radionuclides
cause or contribute to air pollution that may reasonably be expected to
endanger public health. In December of 1979, the EPA published a notice in
the Federal Register listing radionuclides as hazardous air pollutants under
Section 112 of the Clean Air Act (44 FR 76738, December 27, 1979). This
determination was supported by an analytic report ("Radiological Impact Caused
by Emissions of Radionuclides into Air in the United States Preliminary
Report," EPA 520/7-79-006, Office of Radiation Programs, U.S. EPA, August
1979) .
In June Of 1981, the Sierra Club filed a suit alleging that the Clean
Air Act required the EPA to propose standards for radionuclides within 180
days of listing them as hazardous pollutants under Section 112. The court
agreed with the Sierra Club and in September of 1982 ordered the EPA to
publish proposed emissions standards for radionuclides, with notice of public
hearing within 180 days of that order.
In April of 1983, the EPA proposed radionuclides emission standards for
four categories of sources: DOE facilities; NRC-licensed and non-DOE Federal
facilities; underground uranium mines; and elemental phosphorus plants. The
Agency also determined that emissions from several other source categories did
not require regulations: coal-fired boilers; the phosphate industry; other
mineral extraction industries; uranium fuel cycle facilities; uranium mill
tailings; high-level radioactive waste facilities; and low energy accelerators
(48 FR 15077, April 6, 1983). The draft "Background Information Document,
Proposed Standards for Radionuclides" (EPA/520-1-83-001, Office of Radiation
Programs, U.S. EPA, March 1983) supported these decisions.
After several extended comment periods and two public hearings, the
Sierra Club again filed suit in February of 1984 to compel the EPA either to
make the standards final or to determine that radionuclides are not hazardous
air pollutants and "delist" them. In August of that year, the court ordered
the Agency to take final action by October 23, 1984. In response to that
order, the EPA then withdrew the proposed standards for elemental phosphorus
plants, DOE facilities, and NRC licensees, finding that the control practices
used by these source categories already protected public health with an ample
margin of safety. The proposed standard for underground uranium mines was
also withdrawn, but with the intent to set a different standard. The Agency
also announced its intention to regulate radon-222 emissions from licensed
uranium mills and reaffirmed its decision not to regulate emissions from coal-
fired boilers, the phosphate industry, other extraction industries, uranium
fuel cycle facilities, and high-level radioactive waste. Phosphogypsum stacks
would be studied to determine whether a standard was needed.
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In December 1984, the court again ordered the EPA either to issue final
standards for the original four source categories or delist radionuclides. The
Agency then promulgated NESHAPs for elemental phosphorus plants, DOE
facilities, and NRC-licensed facilities (50 FR 7280, February 6,1985). Two
other NESHAPs established work practice standards to control radon- 222
emissions from underground uranium mines (50 FR 15385, April 17, 1985) and
licensed uranium mill tailings (51 FR 34056, September 24,1986). These
standards were again challenged in court.
While these suits were being adjudicated, the U.S. Court of Appeals for
the D.C. Circuit found that the EPA's NESHAP for vinyl chloride was defective
because the Agency had considered costs and technological feasibility without
first making a determination based only on health risk. The court also
ordered the EPA to examine the effect of this decision on other standards.
Concluding that costs had been considered in many of the radionuclide
rulemakings, the Agency asked the court to let those NESHAPs remain in place
while it reconsidered them and all other issues raised in the lawsuits. In
early December 1987, the court accepted the EPA's proposal and established a
time schedule requiring the Agency to propose decisions for all radionuclide
source categories within 180 days and make final decisions within 360 days.
This schedule was later modified to require proposed regulatory decisions by
February 28, 1989, and final action by August 31, 1989.
On March 7, 1989, the EPA published proposed NESHAPs that described four
possible policy approaches for regulating emissions of radionuclides. Public
hearings were held in April. On July 14, 1989, the court extended the
deadline for final action until October 31, 1989. The NESHAPs described later
were made final on that date and, with two exceptions, became effective on
December 15, 1989, when they were published in the Federal Register.
The NESHAP for NRC-licensed facilities (Subpart I) was stayed for 90
days pending reconsideration. This stay was extended for an additional 120
days on March 15, 1990, and extended for another 180 days on September 10,
1990. A partial reconsideration of the phosphogypsum NESHAP (Subpart R) was
granted, and a limited class compliance waiver allowing agricultural use for
the 1990 growing season was issued. Petitions for reconsideration of other
NESHAPs have been received, but no actions have been taken.
1.2 IMPLEMENTING THESE STANDARDS
The EPA Regional Offices have the primary responsibility for
implementing the radionuclides NESHAPs, with guidance from Agency
Headquarters. This document, developed by the Office of Radiation Programs
(ORP), provides part of that guidance. This guidance may be amended to
reflect experience gained in working with the standards. The Stationary Source
Compliance Division has developed additional guidance.
Implementing the radionuclides NESHAPs involves two main types of
activities. One is inspection/enforcement: determining that the emissions or
work practice standards are met and that other requirements of the standards,
such as testing, monitoring and recordkeeping, are properly followed. The
other is examining and responding to applications for compliance waivers,
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construction or modification, and alternative monitoring plans or compliance
demonstrations. Both types of activities are covered in this guidance.
1.3 FORMAT OF THIS GUIDANCE DOCUMENT
Section 2 of this guidance provides a summary of the general
requirements of 40 CFR 61 Subpart A that apply to all the NESHAPs unless an
individual standard supersedes them; a brief discussion of the specific
exemptions from applying for approval for construction or modification
contained in Subparts H and I; and individual summaries of the specific
emission limits and other requirements that apply to each source category.
Section 3 discusses safety requirements that may apply to site
inspections for some of the source categories. Section 4 contains lists of
contacts for each source category except Subpart I (NRC-licensed and non-DOE
Federal facilities) . This category is omitted because there are more than
6,000 such facilities. ORP Headquarters has developed a list of these
facilities and will work with the Regions to identify facilities that are not
subject to Subpart I so that their names can be removed from that list.
Section 5 lists references that pertain to the rules. Section 6 covers
questions that have been raised about specific issues and attempts to answer
them. Finally, Section 7 provides sample letters that may be helpful in
replying to facility correspondence.
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2. SUMMARIES OF THE NESHAPS
This section contains a summary of the general requirements of 40 CFR
Subpart A, which include permitting requirements, and summaries of the rules
that specifically apply to each radionuclides source category. Standards have
been established for eight types of sources:
Subpart
H
Subpart
I
Subpart
K
Subpart
Q
Subpart
R
Subpart
T
Subpart
W
Underground Uranium Mines (emission standard)
DOE Facilities Other Than Radon Sites (emission standard)
NRC-Licensed and Non-DOE Federal Facilities (emission
standard)
Elemental Phosphorus Plants (emission standard)
DOE Radon Sites (emission standard)
Phosphogypsum Stacks (emission standard)
Uranium Mill Tailings Disposal (emission standard)
Operating Uranium Mill Tailings (emission and work practice
standard)
One of the standards has been stayed: Subpart I (NRC licensees and non-
DOE Federal facilities) was stayed for 120 days beginning March 15, 1990, and
for another 180 days on September 10, 1990. In the case of the phosphogypsum
NESHAP (Subpart R), a limited class compliance waiver allowing agricultural
use for the 1990 growing season was issued, and a partial reconsideration was
granted.
2.1 SUMMARY OF 40 CFR 61 SUBPART A REQUIREMENTS
The general provisions of Subpart A to 40 CFR (Sections 61.01 through
61.19) apply to all NESHAPs, unless superseded or amended by a specific
subpart. These general provisions are provided here in a modified tabular
form, with subjects indicated at the left so they can be more easily located.
This format matches that of the individual NESHAPs summaries for easy
comparison, except that definitions are given first, as they are in the Code
of Federal Regulations.
A major purpose of 40 CFR 61 Subpart A is to require owners or operators
to obtain permission from the EPA to construct a new source or modify an
existing source, with the few exceptions discussed below. Applications for
permission to construct or modify a source are a frequent reason for
contacting the regional offices.
40 CFR 61 Subpart A - General Provisions
Definitions Note :all definitions can be found in 40 CFR 61.02,
unless otherwise noted.
o Act The Clean Air Act (42 U.S.C. 7401 et seq. )
o Administrator The Administrator of the EPA or his authorized
representative.
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Alternative
Method Any method of sampling and analyzing for an air
pollutant that is not a reference method (that is, is
not described in 40 CFR 61 Appendix B) but that has
been shown to produce results that allow the EPA to
determine adequately whether a source is in compliance
with a NESHAP.
Capital
Expenditure An expenditure made for a physical or operational
change to a source that is more than the product of
the source's basis and the percentage allowed for
annual repairs (with no reductions) by the IRS. For
more information, see the current edition of IRS
Publication 534 and Section 1012 of the Internal
Revenue Code.
Commenced
An owner or operator has undertaken a continuous
program of construction or modification, or has signed
contracts to undertake and complete such a continuous
program within a reasonable time.
Compliance
Schedule The date (or dates) when a source (or source category)
must comply with a relevant NESHAP, plus the steps
toward reaching compliance that are set out in a
waiver of compliance under 40 CFR 61.11.
'onstruction Fabrication, erection, or installation of a facility
affected by a NESHAP.
Effective
Date
The date that an applicable standard (or other
regulation) under 40 CFR 61 is promulgated in the
Federal Register. For all radionuclides NESHAPs
except 40 CFR 61 Subpart I, the effective date is
December 15, 1989.
Modification
Any physical or operational change in a source that
results in increased emissions of any hazardous air
pollutant to which a standard applies, except:
- routine (as determined by the EPA) maintenance,
repair, and replacements
- increased operating time
- change in ownership (report to the EPA within 30
days of the change)
- increased production rate, if that increase does
not require a capital expenditure. (See above for
the definition of "capital expenditure".) (40 CFR
61.15 (a, d))
NOTE: A modification to an existing source makes it a
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new source. (40 CFR 61.02, .15(b))
o Monitoring
system
Any system required by the monitoring sections (if
any) of the radionuclides NESHAPs, used to sample and
condition (if applicable), to analyze, and to provide
a record of emissions or process parameters.
o Owner or
Operator
Any person who owns, leases, operates, controls, or
supervises a source.
o Reference Method
A method of sampling and analyzing for an air
pollutant described in 40 CFR 61, Appendix B.
o Run
The net period of time during which an emission sample
is collected. A run may be either intermittent or
continuous within the limits of good engineering
practice unless a NESHAP specifies the type of run
required.
o Source
A building, structure, facility, or installation that
emits or may emit any air pollutant that the EPA has
defined as hazardous.
New Source
A source that commenced construction or modification
after March 7, 1989 (the date the NESHAPs were
proposed).
- Existing
Source
o Standard
Any source that is not a new source.
A NESHAP, including a design, equipment, work
practice, or operational standard to control a
hazardous pollutant that is proposed or promulgated
under 4 0 CFR 61.
o startup
Units and
Abbreviations
Setting a source in operation for any purpose.
See 40 CFR 61.03. Amendments made at 54 Federal
Register 51704 added "square meter." "curie,"
"millirem," and "picocurie."
Address
Compliance Dates
o New Sources
o Existing Sources
See 40 CFR 61.04.
After December 15, 1989, all new sources must operate
in compliance with the applicable NESHAP, including
all reporting requirements. (40 CFR 61.05 (b, d)
An existing source must operate in compliance with the
applicable NESHAP,including all reporting
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requirements, within 90 days after December 15,
1989. (40 CFR 61.05 (c, d)
o Construction or
Modification After December 15, 1989, an owner or operator who
wishes to construct a new source or modify an existing
source subject to the radionuclides NESHAPs must
obtain the EPA's approval to do so. Sources that
began construction or modification after March 7,
1989, must also obtain permission. (40 CFR 61.05(a))
o Exemption/
Waiver The President may exempt any source from these
requirements for up to two years if control technology
is not available and national security requires the
source to operate. This exemption can be extended for
additional periods of up to two years each. An
existing source may also apply to the EPA for a
compliance waiver (see below). (CAA § 112(c) (2), 40
CFR 61.05 (a-c))
Compliance Waiver
(Existing sources) If an existing source cannot comply with the relevant
NESHAP within 90 days of December 15, 1989, the owner
or operator can ask the EPA for up to 2 years (until
December 15, 1991) to comply. A written request for a
waiver must be submitted within the 90-day period and
must include:
- a description of controls to be installed
- a compliance schedule, including at least the
dates when: purchase orders or contracts for
emission controls or process changes will be
issued: onsite work on emission control or process
equipment will start; that work is to be finished;
and the source will be in compliance
- a description of what will be done to control
emissions while changes are being made (40 CFR
61.10(b))
An approved waiver will identify in writing
the specific source covered: when the waiver period
ends; dates when steps toward compliance must be
taken; and any other conditions needed to ensure
controls are installed on time and public health is
protected in the meantime. The EPA can end the
waiver early if deadlines leading toward compliance
are not met. If a waiver is granted, the EPA's
authority is not reduced. (40 CFR 61.11(a-c), (f))
The EPA will notify the owner or operator if it
intends to deny a waiver request, stating the reasons
for the denial and offering an opportunity to present
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additional information or arguments by a specific
date. The EPA will make a final decision to deny or
grant the waiver within 60 days after it receives more
data or the time to present more information expires.
(40 CFR 61.11(d, e))
Construction or
Modification An owner or operator must obtain EPA's approval to
construct a new source or modify an existing source
after March 7, 1989. (40 CFR 61.05(a))
o Determination An owner or operator may ask the EPA to determine
whether a proposed action will be considered
"construction" or "modification," and the EPA will
reply within 30 days after it receives enough
information to evaluate the request. (40 CFR 61.06)
- Modification To judge whether or not emissions will increase due to
a modification, the EPA will use the best available
emission factors if that approach will clearly show
whether or not emissions will increase. Otherwise,
the EPA will use material balances, monitoring data,
or manual emissions tests, following procedures in 40
CFR 60, Appendix C, to determine whether emissions
have increased. The EPA will specify emission test
conditions, with at least three tests before and three
tests after the change. If the EPA approves, the
"before" tests may be the emission tests required
within 90 days of December 15, 1989. (40 CFR
61.15(c); 61.13(a))
o Application Before beginning to construct or modify a source, the
owner or operator must apply to the EPA for approval.
If construction or modification started after March 7,
1989, but operation had not begun before December 15,
1989, the application must be submitted within 30 days
after December 15, 1989.A separate application must
be submitted for each source at a facility.(40 CFR
61.07(a))
The application for construction approval must
include:
- name and address of the applicant
- location of the source
- purpose, size, design, operating design capacity,
operating method, and emission control equipment,
with emission estimates calculated in enough
detail to allow the EPA to judge their validity.
(40 CFR 61.07(b))
The EPA must be notified within 30 days if any of this
information changes. (40 CFR 61.10(c))
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The application for approval to modify must include
the above information, plus:
- a precise description of the proposed changes
- productive capacity of the source before and after
the changes
- "before and after" emission estimates in enough
detail to allow the EPA to judge their validity
(40 CFR 61.07 (c))
NOTE: An application for approval to modify is not
considered a "change" that triggers the 30-day notice
to the EPA under 40 CFR 61.10(c).
o Approval or
Denial Within 60 days after receiving enough information to
evaluate an application, the EPA will notify the owner
or operator whether it approves or intends to deny it.
The EPA will approve the application if emissions from
proper operation will comply with the standard. If
the EPA intends to deny the application, it will give
the reasons for the denial and offer an opportunity to
present more information by a specific date. The EPA
will make a final decision to deny or grant the waiver
within 60 days after receiving more data or the time
to present more information expires.(40 CFR 61.08
(a-d))
An owner or operator who submits an application must
continue to comply with all other Federal, State, or
local requirements that apply. If the EPA approves
the application, its authority is not reduced. (40
CFR 61.08 (e) )
Emission Tests
o Requirements If an applicable NESHAP requires emissions testing, an
owner or operator must either obtain a waiver of those
tests or (unless a NESHAP requires otherwise):
- test emissions within 90 days after December 15,
1989, if initial startup occurred before that
date, or within 90 days after initial startup if
startup occurs after that date. The EPA may
require testing at other times if needed for a
reasonable purpose, such as determining compliance
or developing revisions to emission standards.
The EPA must be notified at least 30 days before
the test to allow an observer to attend. The owner or
operator of a new source (and of an existing
source, if the EPA requests) must provide adequate
and safe sampling testing ports and supporting
facilities. The EPA will specify test conditions
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appropriate to the design and operational
characteristics of the source. Unless the
applicable NESHAP states otherwise, the samples
must be analyzed and emissions determined within
30 days after each test has been completed, and
the results reported to the EPA by registered
letter mailed before close of business 31 days
after the test was completed. (40 CFR 61.13(a-f))
o Alternate Methods Emissions must be tested as specified in the standard,
unless the EPA allows the specified method to be used
with minor changes, approves en alternate method, or
waives the test requirement because the owner or
operator has used other means to prove the source
complies with the standard. An owner or operator may
ask the EPA to approve an alternate method at any
time, with two exceptions:
- a source that first started up before December
15, 1989, must submit a request to use an
alternate method for the first emission test
within 30 days of December 15, 1989, or along with
a request for a compliance waiver (within 90 days
of December 15, 1989) .
- a source that first starts up after December 15,
1989, must submit a request to use an alternate
method for the first emission test along with the
notice of anticipated startup (between 30 and 60
days before startup; see below). (40 CFR
61.13(h) (1), (3))
If an alternative method is used to test emissions and
there is reason to question the results, the EPA may
require a retest using a standard method. If the
results of the alternate and standard methods do not
agree, the results of the standard method prevail.
(40 CFR 61.13(h) (2))
o Waiver An owner or operator may request that emission tests
be waived for three reasons:
- some other means can be used to demonstrate
compliance to the EPA's satisfaction
- the source is operating under a compliance waiver
- the EPA is still considering an application for a
compliance waiver.
Application for an emission test waiver should be
filed with the notice of startup (within 15 days after
startup) or within 90 days of December 15, 1989. If a
waiver is granted, the EPA's authority is not reduced,
and the EPA can later cancel the waiver after
notifying the owner or operator. (40 CFR 61.13(i))
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Monitoring
o Requirements
o Monitoring System
Arrangement
o Data Handling
o Alternative
Methods
If an applicable NESHAP requires emissions monitoring,
an owner or operator must:
- maintain and operate each monitoring system as the
applicable NESHAP specifies and in accordance with
good air pollution control practice. Breakdowns
should be repaired promptly. The EPA will
determine whether acceptable operating and
maintenance procedures are being used based on
review of procedures, manufacturer recommendations
and specifications, and inspections.
- conduct a performance evaluation of the monitoring
system when the EPA specifies, notifying the EPA
at least 30 days before the evaluation starts and
reporting the results within 60 days after the
evaluation ends. (40 CFR 61.14(a-c))
Effluents from multiple sources subject to the same
emission standard can be monitored by a single
monitoring system. Sources subject to different
emission standards require separate monitoring systems
unless the NESHAP states otherwise.If the NESHAP
applies to mass emissions, each release point must be
monitored unless the EPA approves fewer monitoring
points. (40 CFR 61.14(d))
The applicable NESHAP lists the procedures that must
be used to reduce monitoring data. Data collected
when the monitoring system is down or being repaired
or calibrated should not be included in data averages.
(40 CFR 61.14 (e))
The EPA may approve minor changes or alternatives to
any monitoring requirements or methods. If an
alternative monitoring method is used and there is
reason to question the results, the EPA may require
the use of standard methods. (40 CFR 61.14(g))
General Requirements
o Compliance How to comply with numerical emission limits is
usually set out in the applicable NESHAP. If a
NESHAP does not provide a compliance procedure,
compliance is determined by emissions tests
established in 40 CFR 61.13. Compliance with design,
equipment, work practice, or operational standards is
described in the applicable NESHAP. (40 CFR
61.12(a,b))
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o Operations and
Maintenance The owner or operator must maintain and operate the
source and any pollution control equipment consistent
with good practice for minimizing emissions. The
owner or operator also must operate and maintain each
monitoring system according to the requirements of the
standard and using good practices to minimize
emissions, making repairs and adjustments as soon as
is practical. The EPA will use available information
such as monitoring results, review of operating and
maintenance procedures, and inspections to determine
whether operating and maintenance procedures are
acceptable. (40 CFR 61.12(c), .14(b))
o Recordkeeping
The recordkeeping requirements of 40 CFR 61 Subpart A
(61.13(g) and 61.14(f)), which established a two-year
retention period, have been superseded by the
individual radionuclides NESHAPs, which require that
records be kept for five years.
o Concealment/
Circumvention
An owner or operator must not do anything to conceal
an emission that would violate the standard, including
carrying out any action in a piecemeal fashion to
avoid triggering coverage by the standard. (40 CFR
61.09)
o Alternative
Emission
Controls
If the EPA determines that another means of
controlling emissions is at least as effective as the
method specified for a source category, it will
publish a notice in the Federal Register, after giving
public notice and the opportunity for a hearing, that
a source (or category of sources) may use that
alternative means to comply with the standard under
specific conditions. An owner or operator who wishes
to use the alternative means must provide the EPA with
a proposed test plan or test and monitoring results,
the procedures used to test and monitor, and the
conditions under which the testing and monitoring are
conducted. (40 CFR 61.12(d)
o Notice of Startup The owner or operator of any source which has an
initial startup after December 15, 1989, must notify
the EPA in writing of the proposed startup date
between 30 and 60 days in advance, and of the actual
startup date within 15 days after it occurs. A copy
of a notice to a State or local agency that includes
this information is satisfactory. (40 CFR 61.09)
o Public
Information Public access to information that the EPA obtains
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under 40 CFR Part 61 is governed by Part 2 of 40 CFR
Chapter I. That part describes the types of
information that a facility may request be kept out
of the public record and the requirements that such
a request must meet. (40 CFR 61.16)
o State Emission
Limits A State or any of its political subdivisions may adopt
and enforce other emission limits, as long as they are
at least as stringent es the Federal standard, and
they may require owners or operators to obtain
permission for construction, modification, or
operation. (40 CFR 61.17)
o Incorporation
by Reference Materials incorporated by reference in the standard
are listed at 40 CFR 61.18. An amendment (54 Federal
Register 51704) added ANSI N13.1. See Section 5 of
this guidance document.
2.2 EXEMPTIONS FROM APPLYING FOR APPROVAL TO CONSTRUCT OR MODIFY
Facilities covered by Subpart H or Subpart I may be exempted from
applying to the EPA for approval to construct or modify a facility, but only
under very specific circumstances. This section summarizes those
circumstances. See 40 CFR 61.96(b) for details on Subpart H and 40 CFR
61.106(b) for details on Subpart I.
2.2.1 Subpart H - Radionuclide Emissions Other Than Radon from DOE Facilities
For this source category, "construction" includes any fabrication
erection, or installation of a new building or structure within a facility
that emits radionuclides. A facility encompasses one contiguous site (see the
Subpart H summary in the next subsection). (40 CFR 61.96)
If the most recent annual report shows that a facility is in compliance
with the 10 mrem/y effective dose equivalent standard for this source
category, the owner or operator does not have to apply for approval to
construct or modify within an existing facility if the emissions from that
construction or modification would result in an effective dose equivalent of
less than 0.1 mrem/y (less than 1 percent of the standard). For this purpose
only, the Source term for use with CAP-88, AIRDOS-PC, or COMPLY must
be derived by following the procedures in Appendix D to 40 CFR 61:
- Determine the amount of radioactivity in curies used at the
construction or modification, excluding sealed sources that remain
intact.
- Depending on the physical state of the radionuclide, multiply the
amount by 1 for gases, 1E-3 for liquids or particulate solids, or
1E-6 for solids. Any nuclide that boils at 100 C or lower, is heated
to 100 C or higher, or is intentionally dispersed into the air is
considered a gas.
- Depending on the emission controls installed, multiply the emissions
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from the previous step by an adjustment factor given in Table 1 of
4 0 CFR 61 Appendix D.
If the EPA approves, the facility may use another method to estimate emissions
to see whether the exemption applies. (40 CFR 61.96)
2.2.2 Subpart I - NRC Licensed and Non-DOE federal Facilities
For this source category, the definition of "construction" includes any
fabrication, erection, or installation of a new building or structure within
an existing facility. (40 CFR 61.106)
There are two potential ways to qualify for an exemption from applying
to the EPA for construction or modification approval. The owner or operator
does not have to apply if either:
- the emissions from the entire facility, including the construction or
modification, would result in an effective dose equivalent of less
than 1 mrem/y, of which less than 0.3 mrem comes from iodines (less
than 10 percent of the standard), or
- the emissions from the construction or modification alone would result
in an effective dose equivalent of less than 0.1 mrem/y, of which less
than 0.03 mrem comes from iodines (less than 1 percent of the
standard). This second exemption is available only if the facility's
last annual report showed that it was in compliance. (40 CFR 61.106)
Source terms are estimated using the method described above, and doses
are calculated using the COMPLY code.
2.3 NESHAPS SUMMARIES
The NESHAP for each of the eight source categories is summarized here,
in the same modified tabular form as the Subpart A General Provisions. Each
summary contains these major elements, and may contain others as needed:
Applicability - a description of the types of sources to which the
standard applies, including any exceptions
Standard - a statement of the standard that each source in the category
must meet
Compliance - a description of what each source must do to show that it
meets the standard and what information it must report to the EPA
Recordkeeping - a description of the information each source must keep
to verify compliance and how long it must keep the information
Emissions - a description of how the source is to estimate or monitor
emissions, including alternate procedures or other methods that
can be used in specific cases
Specific terms are defined where they are first used, rather than being defined
in a separate section as they are in the rules themselves.
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2.3.1 National Emission Standards for Radon Emissions From Underground
Uranium Mines - 40 CFR 61 Subpart B
Applicability This standard applies to owners or operators of active
uranium mines that meet either of two conditions:
1. it has mined (or will, or is designed to mine)
more than 100,000 tons of ore during the life of
the mine; or
2. it has produced (or will produce) more than 10,000
tons of ore during a 12-month period, unless the
owner or operator can prove that total lifetime ore
production will be 100,000 tons or less.
An "active" mine is an underground mine that is being
ventilated so people can enter it for any reason.
An "underground mine" is a man-made underground
excavation made in order to remove ore primarily to
recover uranium. (40 CFR 61.20, .21)
Emissions of radon-222 must not cause any member of
the public to receive an effective dose equivalent of
more than 10 mrem per year.
"Effective dose equivalent" is calculated by
converting the radon concentration at the receptor to
working levels, considering transit time to obtain an
equilibrium fraction, and then converting working
levels to dose in millirem.
"Member of the public" means a person at the nearest
residence, or offsite school or office. (40 CFR
61.21, .22)
Compliance
o Determine Dose Measure radon emissions according to 40 CFR 61
Appendix B, Method 115, Section 1, and use the EPA-
approved computer code COMPLY-R to calculate effective
dose equivalent. An equivalent computer model may be
used if the EPA has approved it for use in this
situation. For more information on COMPLY-R, see the
User's Guide for the COMPLY-R Code, EPA 520/1-89-004,
October 1989. (40 CFR 61.23)
o Report to EPA
- Annual Reports An owner or operator must calculate the effective dose
equivalent annually and report the results to the EPA
by March 31 of the next year. The first report will
cover emissions for calendar year 1990. Reports must
include:
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- name and location of the mine
- who is responsible for operating the mine and who
prepared the report (if different)
- emissions measurements and the effective dose
equivalent calculated by COMPLY-R
- location, diameter, flow rate, effluent
temperature, and height of all release points
- description of effluent controls on each release
point and those used in the mine, and the
estimated efficiency of each control device
- the distance from each release point to the
nearest residence, school, business, or office and
the nearest farm(s) that produces vegetables,
milk, and meat
- the values of all other site-specific inputs
(meteorological data, etc.) needed to run COMPLY-R
and their source
- a statement certifying that the report is accurate
and complete, followed by the signature of a
corporate official in charge of the mine, and the
date. (The certification statement is at 40 CFR
61.24(a) (8) .)
-Monthly Reports
If a mine does not meet the standard for a calendar
year, the owner or operator must start reporting to the
EPA every month, with the first report due April
30 (covering emissions for March). Subsequent
reports are due 30 days after the end of the month,
until the EPA states they are no longer needed. These
reports must cover the same information as the annual
report, plus:
a description of changes being made in order to meet
the standard
a description of performance under any enforcement
decree.
Reporting under 40 CFR 61.10 is not required.
(40 CFR 61.24, .26)
Recordkeeping
An owner or operator must keep all the information
used to develop inputs to COMPLY-R (emission
measurements, calculations, analysis methods, data
sources) and the compliance results at the mine for at
least 5 years. This information must be complete
enough to allow independent verification of
compliance. The EPA has authority to inspect these
records. (40 CFR 61.25)
Compliance Dates
Compliance Waiver
See Section 2.1.
See Section 2.1.
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Construction or
Modification
See Section 2.1
Emission Tests
The emission testing requirements of 40 CFR 61.13 are
superseded by the requirements set out in 40 CFR
61.23, described in "Compliance," above.
Monitoring
This standard requires an owner or operator to monitor
emissions, following the procedures specified in
40 CFR 61, Appendix B, Method 115, Section 1.
General Requirements
See Section 2.1.
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2.3.2 National Emission Standards for Emissions of Radionuclides Other Than
Radon from Department of Energy Facilities - 40 CFR 61 Subpart H
Applicability This standard applies to operations at any facility
owned or operated by the Department of Energy that
emits any radionuclide other than radon-222 and radon-
220 into the air, except disposal at uranium mill
tailings sites or disposal at high level waste
facilities.
"Radionuclide" means a type of atom that spontaneously
undergoes radioactive decay.
"Facility" means all buildings, structures, and
operations on one contiguous site.
"Owned or operated" means owned, operated, leased,
controlled or supervised. (See the definition of
"owner or operator" in Section 2.1.) (40 CFR 61.90,
.91, .01)
Standard Emissions of radionuclides to the air must not cause
any member of the public to receive an effective dose
equivalent of more than 10 mrem in any year.
"Effective dose equivalent" is calculated by
multiplying absorbed dose by biological effectiveness
factors (they account for the quality of the radiation
and how it is distributed in the body of reference
man) and summing those products. For more
information, see ICRP Publication No. 26.
"Member of the public" means a person at the nearest
offsite residence, school, or office.
"Residence" means any home, house, apartment building,
or other dwelling that is occupied at any time during
the year. (40 CFR 61.92, .91)
Compliance
o Determine Dose Measure radionuclide emissions as described below
("Measurement Methods"), and use the EPA-approved
computer codes CAP-88 or AIRDOS-PC (or other
procedures that the EPA has approved) to calculate
effective dose equivalent to any member of the public.
If the maximally exposed individual lives within 3
kilometers of all emission sources at a facility, that
facility may use the EPA's COMPLY computer model and
its procedures to calculate effective dose equivalent.
For more information on COMPLY, see the User's Guide
for the COMPLY CODE, EPA 520/1-89-003, October 1989.
"Maximally exposed individual" means a person at the
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offsite location with the highest radionuclide
concentration where there is an office, school, or
residence.(40 CFR 61.93(a), .94(a))
o Report to EPA
- Annual Reports
Each facility must report the monitoring data recorded
in DOE's Effluent Information System and the
calculated effective dose equivalent to any member of
the public for a calendar year to both the EPA's
headquarters and the proper EPA regional office by
June 30 of the next year. The first report will cover
emissions for calendar year 1990. Reports must
include:
- name and location of the facility
- a list of the radioactive materials used at the
facility
- a description of how those radioactive materials
are handled and processed
- a list of stacks, vents, and other points where
radioactive materials are released
- a description of effluent controls on each release
point and the estimated efficiency of each control
device
- the distance from each release point to the
nearest residence, school, business, or office and
the nearest farm(s) that produces vegetables,
milk, and meat
- the values and source of all other site-specific
inputs (meteorological data, etc.) needed to run
the computer models
- monitoring results recorded in the DOE Effluent
Information System and the effective dose
equivalent calculated by CAP-ES, AIRDOS-PC, or
COMPLY, as appropriate
- a brief description of modifications and
construction completed during the calendar year
for which EPA's approval was not needed because
their emissions would provide an effective dose
equivalent of less than 0.1 mrem per year (see
below).Documentation to support this waiver must
be included, and the EPA may ask for all
information usually required in an application to
construct or modify a facility, if needed.
- a statement certifying that the report is accurate
and complete, followed by the signature of a
corporate official in charge of the facility, and
the date.(The certification Statement is at 40
CFR 61 . 94 (b) (9) . )
-Monthly Reports If a facility does not meet the standard for a
calendar year, the facility must start reporting to
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the EPA every month, with the first report due July 30
(covering emissions for June). Subsequent reports
are due 30 days after the end of the month, until the
EPA states they are no longer needed. These reports
must cover the same information as the annual report,
plus :
-a description of changes being made in order to
meet the standard
-a description of performance under any enforcement
decree
- Classified
Information If any of the required information is classified, the
facility must submit it separately from the report.
The EPA will handle and control it as required by law.
Reporting under 40 CFR 61.10 is not required. (40 CFR
61.94, .97)
The facility must keep all the information used to
develop inputs to the computer codes (emission
measurements, calculations, analysis methods, data
sources) and the compliance results at the site for at
least 5 years. This information must be complete
enough to allow independent verification of
compliance. The EPA has authority to inspect these
records (40 CFR 61.95) (40 CFR 61 . 94,. 97)
Compliance Dates
Compliance Waiver
Emission Monitoring
o Release Points
See Section 2.1
See Section 2.1
A facility must use the procedures listed below, or
other procedures approved by the EPA, to measure
radionuclide emission rates from stacks or vents that
have the potential to emit enough radionuclides to
cause an effective dose equivalent of more than 0.1
mrem per year. At each of those release points, the
facility must measure all radionuclides that could
contribute more than 0.01 mrem per year to the dose
from that release point. Other potential release
points must be measured periodically to assure that
emissions are below these levels. "Potential"
emission rates must be estimated by assuming normal
operation with no pollution control equipment. (40
CFR 61. 93 (b) (4))
o Measurement
Methods
Effluent flow rates must be measured by:
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- Reference Method 2,Part 60, Appendix A for
velocity and volumetric flow rates in stacks and
large vents.
- Reference Method 2A, Part 60, Appendix A for flow
rates through pipes and small vents.
- frequent or continuous measurements must be made
if the flow rates vary. If they are relatively
constant, periodic measurements are adequate.
Radionuclides must be monitored directly or collected and
measured by:
- Reference Method 1, Part 60, Appendix A for
selecting monitoring or sampling sites.
- guidance in ANSI N13.1 1969 and its Appendix A for
continuous direct monitoring or continuous
sampling. Batch processes must be sampled
continuously when they are operating. Grab
sampling may be used only if the EPA approves in
cases where continuous sampling is not practical
and emission rates are relatively constant. Grab
samples must be taken often enough to represent
the emissions adequately.
- procedures based on principles of measurement
described in Method 114, Part 61, Appendix B for
collecting and measuring radionuclides, unless the
EPA has approved methods based on different
measurement principles.
The facility must also carry out a quality assurance
program that meets the performance requirements of
Appendix B, Method 114.(40 CFR 61.93(b) (1-2))
o Alternative
Procedures
- Effluents A facility may use alternative procedures to measure
effluent flow rates or select sampling sites and take
samples if it can show that:
- it is not practical to meet the requirements
listed above for a particular effluent stream
- the alternative procedure will not significantly
underestimate emissions
- the alternative procedure is fully documented
- it has received prior approval from the EPA
(40 CFR 61. 93 (b) (3) )
- Environmental
Concentrations Instead of air dispersion computer models, a facility
may use environmental measurements of radionuclide
concentrations in the air at critical receptor sites
to show compliance if:
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- radionuclides are continuously sampled at the
monitoring site (or at the fencepost at the
location of maximum concentration)
- the radionuclides that contribute the major
portion of the effective dose equivalent from the
facility are collected and measured as part of the
environmental monitoring program
- radionuclide concentrations that would cause an
effective dose equivalent of 1 mrem per year can
be clearly detected and distinguished from
background concentrations
- the facility carries out a quality assurance
program that meets the performance requirements of
Appendix B, Method 114
- the facility obtains the EPA's approval after
submitting an application to use environmental
measurements that describes in detail the sampling
and analysis methods and shows how the first four
criteria will be met
A facility using environmental measurements must use
Table 2, Appendix E, Part 61 to determine whether it
complies with the standard:
if Only one radionuclide is released, the facility
complies with the standard if the net measured
concentration is less than or equal to the
concentration level shown in Table 2
if two or more radionuclides are released, the
facility complies with the standard if the net
measured concentration of each radionuclide is
less than or equal to the level shown in Table 2,
and the sum Of the fractions obtained by dividing
each measured concentration by the Table 2 value
is less than or equal to 1 (40 CFR 61.93(5))
Emission Tests
Construction or
Modification
o Definition of
"Construction''
The emission testing requirements of 40 CFR 61.13 are
superseded by the requirements set out in 40 CFR
61.93, described in "Emission Monitoring," above.
See Section 2.1.However,a facility that qualifies
for the exemption described below does not have to
apply to the EPA for approval of construction or
modification within an existing facility.
"Construction" means fabrication, erection, or
installation including fabrication, erection, or
installation of a new building or structure within an
existing facility. (40 CFR 61.02, .96(a))
o Exemption
If the most recent annual report shows that a facility
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is in compliance with the standard, it does not have
to apply for approval of construction or modification
within an existing facility if, the emissions from
that construction or modification would result in an
effective dose equivalent of less than 0.1 mrem per
year. To calculate the effective dose equivalent for
this purpose only, the emissions (source term) for
use with CAP-88, AIRDOS-PC, or COMPLY must be derived
by following the procedures in Appendix D to Part 61:
- determine the amount of radioactivity in curies
used at the construction or modification,
excluding sealed sources that remain intact.
- depending on the physical state of the
radionuclide, multiply the amount by 1 for gases,
10 E-3 for liquids or particulate solids, or
10 E-6 for solids. Any nuclide that boils at
100 C or lower, is heated to 100 or higher, or
is intentionally dispersed into the air is
considered a gas.
- depending on the emission controls installed,
multiply the emissions from the previous step by an
adjustment factor given in Table 1, Appendix D,
Part 61.
If the EPA approves, the facility may use another
method to estimate emissions to see whether this
exemption applies.(40 CFR 61.96(b))
General Requirements See Section 2.1 There is an exemption from filing a
Notice of Startup as normally required under 40 CFR
61.09:
This notice does not need to be filed for startup of
new construction or modification within an existing
facility that is exempt from applying to the EPA for
approval because its emissions would result in an
effective dose equivalent of less than 0.1 mrem per
year. (40 CFR 61.96(b))
NOTE: The EPA and the DOE will enter into a Memorandum of Understanding (MOU)
regarding the implementation of the NESHAP.
o Exemption from
Notice of
startup
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2.3.3 National Emission Standards for Radionuclide Emissions From Facilities
Licensed by the Nuclear Regulatory Commission and Federal Facilities
Not Covered By Subpart H - 40 CFR 61 Subpart I
Note: This subpart has been stayed several times. The current stay,
until November 15, 1992, applies to all NRC-licensed facilities except power
reactors. This subpart is also stayed pending completion of a proposed
rulemaking to rescind the rule as it applies to power reactors. Non-DOE
federal facilities are not covered by the current stay.
Applicability
This standard applies to NRC-licensed facilities to and
facilities owned or operated by any federal agency other
than the Department of Energy, except:
- disposal at high-level nuclear waste facilities
- uranium mill tailings piles after disposal under
40 CFR 192
- low energy accelerators
- facilities that possess and use only sealed
radiation sources
"Owned or operated" means owned, operated, leased,
controlled, or supervised. (See the definition of
"owner or operator" in Section 2.1.)
"Facility" means all buildings, structures, and
operations on one contiguous site.
"Federal facility" means a facility that is owned or
operated by any department, commission, agency,
office, bureau, or other unit of the US Government
except DOE.
"NRC-licensed facility" means a facility to which the
NRC or an Agreement State has granted a license to
receive title to, receive, possess, use, transfer, or
deliver any source, by-product, or special nuclear
material.
"Agreement State" means a state that has entered an
effective agreement with the AEC or the NRC under
subsection 274(b) of the Atomic Energy Act of 1954, as
amended.
"Sealed radiation sources" include sources that are
sealed and not intended to be opened in their routine
use, such as thickness gauges: sources that have not
yet been opened for use; and special form sources (as
defined by the NRC) in sealed form.(40 CFR 61.100,
.101, .01)
Standard
Emissions of radionuclides, including iodine, to the
air may not cause any member of the public to receive
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an effective dose equivalent of more than 10 mrem in
any year, of which no more than 3 mrem per year may
come from iodine.
"Radionuclide" means a type of atom that spontaneously
undergoes radioactive decay.
"Effective dose equivalent" is calculated by
multiplying absorbed dose by biological effectiveness
factors (they account for the quality of the radiation
and how it is distributed in the body of reference man)
and summing those products. For more
information, see ICRP Publication No. 26.
"Member of the public" means a person at the nearest
residence, or offsite school or office.
"Residence" means any home, house, apartment building,
or other dwelling that is occupied at any time during
the year. (40 CFR 61.101, .102)
Compliance
o Determine
Compliance
Status
There are two basic ways to determine if a facility meets
the standard:
1. Determine radionuclide emissions as described
below, and use the EPA-approved computer code COMPLY to
calculate effective dose equivalent to any member of the
public. An equivalent computer
model may be used if the EPA has approved it for use in
this situation, but a facility using an equivalent model
must file an annual report (see below). For more
information on COMPLY, see the
User's Guide for the COMPLY Code, EPA 520/1-89-
003, October 1989.
2. Use the tables in 40 CFR 61 Appendix E. Table 1
of Appendix E gives the maximum quantity of a
radionuclide in curies, for gaseous, liquid, and
solid forms, that a facility can possess during a
year and still be sure of meeting the standard.
A facility can use Table 1 to demonstrate
compliance only if:
- no person lives within 10 meters of any
release point
- no milk, meat, or vegetables are produced
within 100 meters of any release point.
Table 2 of Appendix E gives the maximum
concentration of a radionuclide in curies per cubic
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meter that the flow emissions from stacks or vents
at the facility may contain and still meet the
standard. A facility can use Table 2 to
demonstrate compliance only if:
- all releases are from point sources such as
stacks or vents
- EPA-approved methods have been used to measure
concentrations
- the distance between each stack or vent and the
nearest resident is more than 3 times the
diameter of the stack or vent.
Directions on how to use these tables are given in A Guide
for Determining Compliance with the Clear Air Act Standards
for Radionuclides Emissions from NCR Licensed and Non-DOE
Federal Facilities, EPA 520/l-89-_002, October 1989. (40 CFR
61.103; Appendix E
o Report to EPA
-Annual Reports Each facility must report to the EPA on its compliance
status and its emissions for a calendar year by
March 31 of the next year. The first report will cover
1990. Reports must include:
-name and location of the facility with a complete
address, including suite and/or building number,
street, city, county, state, and zip code
- mailing address, if different from location
- who is responsible for operating the facility and
who prepared the report (if different)
- a list of the radioactive materials used at the
facility
- a description of how those radioactive materials
are handled and processed
- a list of stacks, vents, and other points where
radioactive materials are released
- a description of effluent controls on each release
point and the estimated efficiency of each control
device
- the distance from each release point to the
nearest residence, school, business, or office and
the nearest farm(s) that produces vegetables,
milk, and meat
- effective dose equivalent calculated using the
compliance procedures in 40 CFR 61.103 (outlined
above)
- the physical form and quantity of each
radionuclide emitted from each release point and
the methods used to determine these quantities
- the volumetric flow, diameter, effluent
temperature, and release height for each release
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point and the methods used to determine those data
- the height and width of each building from which
radionuclides are emitted
- the values and source of all other site-specific
inputs (meteorological data, etc.) needed to run
the computer models
- a brief description of modifications and
construction completed during the calendar year for
which the EPA's approval was not needed because (1)
their emissions would provide an effective dose
equivalent of less than 0.1 mrem per year or (2)
emissions from the whole facility including the
modification or construction provide an effective dose
equivalent of less than 1 mrem per year (see below).
Documentation to support
this waiver must be included, and the EPA may ask for
all information usually required in an application to
construct or modify a facility, if needed.
- a statement certifying that the report is accurate
and complete, followed by the signature of a
corporate official in charge of the facility, and
the date. (The certification statement is at 40
CFR 61.104 (a) (1) (xvi) .)
- Exemption If the emissions from a facility during a year would
result in an effective dose equivalent of less than
1 mrem per year, of which less than 0.3 mrem is from
iodine, the facility does not have to submit a report
for that year.
- Monthly Reports If a facility does not meet the standard for
calendar year, the facility must start reporting to
the EPA every month, with the first report due April
30 (covering emissions for March).Subsequent reports
are due 30 days after the end of the month, until the
EPA states they are no longer needed. These reports
must cover the same information as the annual report,
plus :
- a description of changes being made in order to
meet the standard
- a description of performance under any enforcement
decree
Reporting under 40 CFR 61.10 is not required. (40 CFR
61.104)
Recordkeeping The facility must keep all the information used to
develop inputs to the computer codes (emission
measurements, calculations, analysis methods, data,
sources) and the compliance results at the site for at
least 5 years. This information must be complete
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Compliance Dates
Compliance Waiver
Construction of
Modification
enough to allow independent verification of compliance and
exemption from reporting, if claimed. The EPA
has authority to inspect these records.(40 CFR 61.105)
See Section 2.1.
See Section 2.1.
See Section 2.1 A facility that qualifies for the
exemption described below does not have to apply to
the EPA for approval of construction or modification
within an existing facility.
o Definition of
"Construction''
o Application
o Exemption
"Construction" means fabrication, erection, or
installation, including fabrication, erection, or
installation of a new building or structure within an
existing facility. (40 CFR 61.02, .106(a))
If a facility must apply to the EPA for approval of
construction or modification, the application for
that approval must include the same information as
the annual report to the EPA (see above). (40 CFR
61.07(b), 104(a) (1) )
If the most recent annual report shows that a facility
is in compliance with the standard, it does not have
to apply for approval of construction or modification
within an existing facility if: (1) the emissions
from that construction or modification would result in
an effective dose equivalent of less than 0.1 mrem per
year, of which less than 0.03 mrem comes from iodine,
or (2) the emissions from the entire facility
including the construction or modification would
result in an effective dose equivalent of less than
1 mrem per year, of which less than 0.3 mrem comes
from iodine. (40 CFR 61.106)
Emissions
o Estimating
Instead of monitoring, a facility may estimate
radionuclide emissions using 40 CFR Appendix D:
Determine the amount of radioactivity in curies
used at the construction or modification,
excluding sealed sources that remain intact,
depending on the physical state of the
radionuclide, multiply the amount by 1 for gases,
10 E-3 for liquids or particulate solids, or
10 E-6 for solids. Any nuclide that boils at
100 C or lower, is heated to 100 C or higher, or
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is intentionally dispersed into the air is
considered a gas.
- depending on the emission controls installed,
multiply the emissions from the previous step by
an adjustment factor given in Table 1, Appendix D,
Part 61.
If the EPA approves, the facility may use another method to
estimate emissions. (40 CFR 61.107(a); Appendix D)
o Monitoring
- Release points A facility must use the procedures listed below, or
other procedures approved by the EPA, to measure
radionuclide emission rates from stacks or vents that
have the potential to emit enough radionuclides to
cause an effective dose equivalent of more than 0.1
mrem per year. At each of those release points, the
facility must measure all radionuclides that could
contribute more than 0.01 mrem per year to the dose
from that release point. Other potential release
points must be measured periodically to assure that
emissions are below these levels. "Potential"
emission rates must be estimated by assuming normal
operation with no pollution control equipment. (40
CFR 61.107(b) (4))
- Measurement
Methods Effluent flow rates must be measured by:
- Reference Method 2, Part 60, Appendix A for
velocity and volumetric flow rates in stacks, and
large vents
- Reference Method 2A, Part 60, Appendix A for flow
rates through pipes and small vents
-frequent or continuous measurements must be made
if the flow rates vary. If they are relatively
constant, periodic measurements are adequate.
Radionuclides must be monitored directly or collected
and measured by:
- Reference Method 1, Part 60, Appendix A for
selecting monitoring or sampling sites
- guidance in ANSI N13.1-1969 and its Appendix A for
continuous direct monitoring or continuous sampling.
Batch processes must be sampled
continuously when they are operating. Grab
sampling may be used only if the EPA approves in
cases where continuous sampling is not practical and
emission rates are relatively constant. Grab
samples must be taken often enough to represent
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the emissions adequately.
- procedures based on principles of measurement
described in Method 114, Part 61, Appendix B for
collecting and measuring radionuclides, unless the EPA
has approved methods based on different measurement
principles.
The facility must also carry out a quality assurance
program that meets the performance requirements of Appendix
B, Method 114. (40 CFR 61.107(b) (1-2))
- Alternative
Procedures
-- Effluents A facility may use alternative procedures to measure
effluent flow rates or select sampling sites and take
samples for a particular effluent stream if it can show
that:
- it is not practical to meet the requirements
listed above for the particular effluent stream
- the alternative procedure will not significantly
underestimate emissions
- the alternative procedure is fully documented
- it has received prior approval from the EPA (40
CFR 61.107 (b) (3))
--Environmental
Concentra-
tions Instead of Sir dispersion computer models, a facility may
use environmental measurements of radionuclide
concentrations in the Sir St critical receptor sites to
show compliance if:
- radionuclides are continuously sampled St the site
- the radionuclides that contribute the major
portion of the effective dose equivalent from the
facility are collected and measured as part of the
environmental monitoring program
- radionuclide concentrations that would cause an
effective dose equivalent of 1 mrem per year (0.3 mrem
for iodine) can be clearly detected and distinguished
from background concentrations
- the facility carries out a quality assurance
program that meets the performance requirements of
Appendix B, Method 114
- the facility obtains the EPA's approval after
submitting an application to use environmental
measurements that describes in detail the sampling and
analysis methods and shows how the first four criteria
will be met
A facility using environmental measurements must use Table
2, Appendix E, Part 61 to determine whether it
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complies with the standard:
- if only one radionuclide is released, the facility
complies with the standard if the net measured
concentration is less than or equal to the
concentration level shown in Table 2.
- if two or more radionuclides are released, the
facility complies with the standard if the net measured
concentration of each radionuclide is less than or
equal to the level shown in Table 2, and the sum of the
fractions obtained by dividing each measured
concentration by the Table 2 value is less than or
equal to 1. (40 CFR 61.107(b) (5))
- Methods for
Certain
Facilities
Some types of facilities may follow the monitoring methods
and quality assurance programs described above or use these
methods to determine their emissions:
- nuclear power reactors - effluent Technical
Specifications in the NRC operating license, and a
quality assurance program as described in NRC
Regulatory Guide 4.15, February 1979
- fuel processing and fabrication plants, and
uranium hexafluoride plants - NRC Regulatory Guide
4.16, December 1985, and a quality assurance
program as described in NRC Regulatory Guide 4.15,
February 197 9
- uranium mills - NRC Regulatory Guide 4.14, April
1980, and a quality assurance program as described in
NRC Regulatory Guide 4.15, February 1979 (40 CFR
61.107 (c))
Emission Tests
The emission testing requirements of 40 CFR 61.13 are
superseded by the requirements set out in 40 CFR 61.107,
described in "Emissions," above.
General Requirements See Section 2.1.
NOTE: OMB has not yet approved the reporting requirements. In addition, the Clean Air
Act Amendments of 1990 state that requirements that apply to medical licensees will
not become effective for at least two years.
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2.3.4 National Emission Standards for Radionuclide Emissions From Elemental
Phosphorus Plants - 4 0 CFR 61 Subpart K
Applicability
This standard applies to owners or operators of calciners
and nodulizing kilns at elemental phosphorus plants.
Compliance
"Owner or operator" means persons who own, lease,
operate, control, or supervise a calciner or nodulizing
kiln at an elemental phosphorus plant.
"Calciner" or "nodulizing kiln" means a unit in which
phosphate rock is heated to high temperatures to remove
organic material and/or to convert the rock to a nodular
form. The EPA considers these two types of units to be
similar for the purposes of this standard.
"Elemental phosphorus plant" ("plant") means a facility
that produces elemental phosphorus from phosphate rock,
and includes all buildings,
structures, operations, calciners, and nodulizing kilns
on one contiguous site. (40 CFR 61.120, .121)
Standard
Emissions of polonium -210 to the air from all calciners
and nodulizing kilns at a plant must not exceed a total of
2 curies per year. (40 CFR 61.122)
o Determine
Emissions
Measure the annual emission rate (see below) for each
operating calciner and nodulizing kiln and sum them.
o Report to EPA An owner or operator must test polonium-210 emissions from
the plant within 90 days after December 15, 1989, and once
a year after that, and report results to the EPA within 60
days. The EPA may waive the annual testing requirement
either permanently or temporarily, or require that tests be
made more often. The EPA must be notified 30 days before
the test so the Agency may observe. (40 CFR 61.123(a,b))
Reports must include:
- name and location of the plant
- who is responsible for operating the plant and
who prepared the report (if different)
- a description of effluent controls on each release
point and those used in the mine, and the
estimated efficiency of each control device
- test results, including the results of each
completed sampling run
- values used to calculate emissions and the source
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of these values
- a statement certifying that the report is accurate
and complete, followed by the signature of a corporate
official in charge of the facility, and the date. (The
certification statement is at 40
CFR 61.123 (f) (6) . )
Reporting under 40 CFR 61.10 is not required. (40 CFR
61.123(f), .127)
Recordkeeping An owner or operator must keep all the information used to
develop inputs to the annual reports (emission measurements,
procedures used in emission testing, calculations, analysis
methods, data sources), the compliance results, and
monitoring data at the plant for at least 5 years. This
information must be complete enough to allow independent
verification of compliance. The EPA has authority to inspect
these records. (40 CFR 61.124)
Compliance Dates
Compliance Waiver
Emission Testing
See Section 2.1.
See Section 2.1.
These test methods, specified in Appendix A to 40 CFR 60
unless otherwise noted, must be used unless the EPA has
approved an equivalent or alternate method:
- Test Method 1 for sample and velocity traverses
- Test Method 2 for velocity end volumetric flow
rate
- Test Method 3 for gas analysis
- Test Method 5 for collecting particulate matter
containing polonium-210
- Test Method 111, Appendix B, 40 CFR 61 for
determining polonium-210 emissions (40 CFR
61.125)
Each operational calciner and nodulizing kiln must be
tested. If the units have multiple stacks, test each
stack and add each emission rate to obtain the total
emission rate for the unit. (40 CFR 61.123 (c))
Each emission test consists of three sampling runs. For
each sampling run:
1. Record the phosphate rock processing rate.
2. Measure the emissions in curies using the
approved procedures.
3. Determine the emission rate by dividing
emissions (curies) by amount of rock processed
(metric tons).
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Then, average the emission rates for the three runs to
determine the poionium-210 emission rate for the test.
Determine the annual poionium-210 emission rate for
each calciner or nodulizing kiln by multiplying the
measured poionium-210 emission rate (curies per metric
ton of phosphate rock processed) by the amount of rock
processed (metric tons) by the unit in a year. Use
the highest reasonable operating capacity and the
greatest reasonable number of operating hours to
determine the amount of rock expected to be processed
during the year.
Add the emission rates for all operating units to obtain
the total annual emission rate for the plant.
(40 CFR 61.123(d))
If poionium-210 emissions could increase due to
operating changes (such as processing a different type
of rock, processing more rock, or changing kiln or
calciner temperature), a new emission test must be
conducted within 45 days under the new conditions.
(40 CFR 61.123 (e))
o Alternative
Methods/Waiver
Monitoring
See Section 2.1 for a discussion of alternative
testing methods and testing waivers.
Owners or operators must install, calibrate, maintain and
operate equipment to monitor certain operations
and keep records of that monitoring at the plant for 5
years:
- Equipment to measure rock feed to each calciner
or kiln must be accurate to within ± 5 percent of the
mass rate over its operating range.
- Equipment to measure continuously the pressure
loss of a gas stream through a wet scrubber must be
certified by the manufacturer to be accurate within ±
250 pascals (± 1 inch of water).
- Equipment to measure continuously the primary and
secondary current and the voltage in each electric
field in an electrostatic precipitator must be properly
operated. (40 CFR 61.126)
Construction or
Modification
General Requirements
See Section 2.1.
See Section 2.1.
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2.3.5 National Emission Standards for Radon Emissions from Department ofEnercrv
Facilities - 40 CFR 61 Subpart Q
Applicability This standard applies to the design and operation of
all storage and disposal facilities for materials that
contain radium (byproduct material as defined under
§ 11.e (2) of the Atomic Energy Act of 1954, as
amended) owned or operated by DOE and that emit radon-
222 to the air. Five facilities are specifically
listed. This standard does not apply to facilities
listed in or designated by the Secretary of Energy
under Title I of the Uranium Mill Tailings Control
Act of 1978.
"Facility" means all buildings, structures, and
operations on one contiguous site. (40 CFR 61.190,
.191 (a))
Standard
Each source at a DOE facility must not emit to the air
more than 20 pCi/sq m-s of radon-222 as an average
for the entire source.
"Source" means any building, structure, pile,
impoundment, or area used to dispose of or temporarily
store waste material (or that is itself waste
material) that contains enough radium to emit more
than 20 pCi/s. m before remedial action has been
taken. (40 CFR 61.192, .191(b))
Compliance
This requirement will be part of any Federal
Facilities Agreement between the EPA and DOE. (40
CFR 61.192)
Reporting Exemption
Reporting under 40 CFR 61.10 is not required. (40
CFR 61.193)
NOTE: The EPA and the DOE will enter into a Memorandum of Understanding (MOU)
regarding implementation of the NESHAP. In addition, all known sites subject
to Subpart Q have entered (or will enter) into Federal Facilities Agreements
with the EPA. Those agreements must include (by amendment, if necessary)
attainment of the 20 pCi/sq m-s average radon flux standard. After final
disposal, a one-time determination of the radon flux, following the approach
of 40 CFR 61 Appendix B, Method 115, Section 2, constitutes acceptable
demonstration of compliance with the standard. Prior to final disposal, 40
CFR 61 Appendix B, Method 115, Section 2, or other testing methods approved
by the EPA, may be used to demonstrate compliance.
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2.3.6 National Emission Standards for Radon Emissions from Phosphogypsum Stacks -
40 CFR 61 Subpart R
Note: This standard requires that all phosphogypsum be disposed of in
stacks, allowing no other use of the byproduct. A compliance waiver allows
agricultural use of phosphogypsum for the 1991 growing season. A partial
reconsideration of the standard should be complete by October 1, 1991.
Applicability
This standard applies to owners and operators of
phosphogypsum produced as a result of phosphorus
fertilizer production, and phosphogypsum contained in
existing phosphogypsum stacks.
Compliance
"Phosphogypsum stacks" are waste piles containing
phosphogypsum produced when making phosphorus
fertilizer, including phosphate mines used to dispose
of phosphogypsum. (40 CFR 61.200, .201)
Standard
Phosphogypsum must be disposed of in stacks or
phosphate mines that must not emit more than 20
pCi/sq m-3 of radon-222 to the air. (40 CFR 61.202)
o Determine
Emissions
Measure radon flux and calculate the mean radon flux
for the entire phosphogypsum stack according to
Appendix 8, Method 115, Section 3.Emissions tests must
be conducted within 60 days after a stack becomes
inactive, or 90 days after December 15, 1989, if a
stack is already inactive. The owner or operator must
notify the EPA 30 days in advance of the test so the
EPA may observe. If the test must be postponed because
of weather, the EPA must be notified and the test
conducted as soon as weather conditions allow.
"Inactive stack" means a stack to which gypsum is no
longer being routinely added and that is no longer
used to manage water associated with phosphogypsum
production. A stack that has not been used for either
of these purposes for two years is considered
inactive. (40 CFR 61.203(a), .201(a))
o Report to EPA Each owner or operator must test emissions according
to the above schedule and report the results to the
EPA within 90 days. The report must include:
- name and location of the facility
- who is responsible for operating the facility and
who prepared the report (if different)
- a list of the stacks at the facility, with their
dimensions and size
- a description of control measures used to reduce
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radon flux and actions taken to ensure those
measures are effective over the long term
- test results, including the results of each
measurement
- a statement certifying that the report is accurate
and complete, followed by the signature of a
corporate official in charge of the facility, and
the date. (The certification statement is at 40
CFR 61.202(b) (61.)
If an owner or operator makes year-long measurements,
the report must include the results of the first
measurement period and provide a schedule for the
other measurement periods. The owner or operator must
submit another report that contains all the above
information within 90 days after the final
measurements are completed. (40 CFR 61.203(c))
Reporting under 40 CFR 61.10 is not required. (40 CFR
61.205)
Notification of
Activity If an owner or operator again uses a stack for
phosphogypsum disposal or water management, the stack
is no longer inactive and the EPA must be notified in
writing within 45 days. When the stack becomes
inactive again, it must be retested and the results
reported to the EPA as above. (40 CFR 61.203(d))
Recordkeeping An owner or operator must keep all the information
used to develop inputs to the annual reports (emission
measurements, procedures used in emission testing,
calculations, analysis methods, data sources), the
compliance results, and monitoring measurements at the
plant for at least 5 years. This information must be
complete enough to allow independent verification of
compliance. The EPA has authority to inspect these
records. (40 CFR 61.204)
Compliance Dates
Compliance Waiver
Construction or
Modification
Emission Tests
See Section 2.1.
See Section 2.1.
See Section 2.1.
The emission testing requirements of 40 CFR 61.13 are
superseded by the requirements set out in 40 CFR
61.203, described in "Compliance," above.
General Requirements
See Section 2.1.
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2.3.7 National Emission Standards for Radon Emissions From the Disposal of
Uranium Mill Tailings - 40 CFR 61 Subpart T
Applicability This standard applies to owners and operators of sites
that:
1. are used for disposal of tailings from processing
uranium ore and
2. that managed residual radioactive material or
uranium byproduct materials during and after
processing uranium ore (uranium mills and
associated tailings), that are listed in or
designated by the Secretary of Energy under Title I
of the Uranium Mill Tailings Control Act of 1978,
or that are regulated under Title II of
that Act.
"Uranium byproduct material" or "tailings" means the
waste produced by extraction or concentrating uranium
from any ore processed primarily to obtain uranium.
This definition does not include ore bodies depleted
by uranium solution extraction that remain
underground.(40 CFR 61.220, .221)
Standard This standard has two parts:
1. Radon-222 emissions to the air from uranium
mill
tailings piles that are no longer operational
must not exceed 20 pCi/s m-s.
2. A uranium mill tailings pile or impoundment that
ceases to be operational must be disposed of and
brought into compliance with the above emission
limit by December 15, 1991 or within two years of
the day it ceases to be operational, whichever is
later. If an owner or operator cannot physically
complete disposal within two years, the EPA will
consult with the owner or operator to establish a
compliance schedule for timely disposal.
"Operational" means a uranium mill tailings pile that
is licensed to accept additional tailings and those
tailings can be added without violating 40 CFR 61
Subpart W (,Radon Emissions from Operating Mill
Tailings") or any other Federal, State, or local rule
or law. A tailings pile that is filled to capacity or
that accepts tailings from a mill that has been
dismantled or decormissioned is not operational.
(40 CFR 61.222, .221)
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Compliance
o Determine
Emissions Measure radon flux and calculate the mean radon flux
for each tailings pile at the facility according to
Appendix B, Method 115, Section 2. Other procedures
may be used if the EPA has given prior approval. If
long term stabilization of the pile has not begun, the
owner or operator must test emissions 60 days after
the pile has been covered to limit radon emissions but
prior to long-term stabilization. If long term
stabilization began before December 15, 1989, the test
can be conducted any time up to 60 days after long
term stabilization is complete. The owner or operator
must notify the EPA 30 days in advance of the test so
the EPA may observe. If the test must be postponed
because of weather, the EPA must be notified and the
test conducted as soon as weather conditions allow.
If long-term stabilization is complete and the tests
or other EPA-approved procedures demonstrate that
radon-222 emissions from the pile are no more than 20
pCi/sq m-s,the EPA considers the pile disposed of
for purposes of this standard. (40 CFR 61.223(e))
"Long term stabilization" means placing material on a
uranium mill tailings pile to meet the requirements of
40 CFR 192.02(a) or 192.32(b) (i) . Long term
stabilization is complete when the NRC determines that
those requirements have been met. (40 CFR 61.221(a))
o Report to EPA Each owner or operator must test emissions and report
the results to the EPA within 90 days. The report
must include:
- name and location of the facility
- a list of the piles at the facility
- a description of control measures used to reduce
radon flux and actions taken to ensure those
measures are effective over the long term
- test results, including the results of each
measurement
- a statement certifying that the report is accurate
and complete, followed by the signature of a
corporate official in charge, and the date. (The
certification statement is at 40 CFR
61.223(b) (5))
If an owner or operator makes year-long measurements,
the report must include the results of the first
measurement period and provide a schedule for the
other measurement periods. The owner or operator must
submit another report that contains all the above
39
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information within 90 days after the final
measurements are completed. (40 CFR 61.223(c))
Reporting under 40 CFR 61.10 is not required. (40 CFR
61.225)
Recordkeeping An owner or operator must keep all the information
used to develop inputs to the report (emission
measurements, procedures used in emission testing,
calculations, analysis methods, data sources), the
compliance results,and monitoring measurements for at
least 5 years. This information must be complete
enough to allow independent verification of
compliance. The EPA has authority to inspect these
records and the owner or operator must keep the EPA
informed of their location. (40 CFR 61.224)
Emission Tests The emission testing requirements of 40 CFR 61.13 are
superseded by the requirements set out in 40 CFR
61.223, described in "Compliance," above.
Compliance Dates
Compliance Waiver
Construction or
Modification
See Section 2.1.
See Section 2.1.
The requirements set out in 40 CFR 61 Subpart A do not
apply in this case.
General Requirements See Section 2.1.
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2.3.8 National Emission Standards for Radon Emissions from Operating Mill
Tailings - 40 CFR 61 Subpart W
Applicability This standard applies to owners or operators of
facilities licensed to manage uranium byproduct
materials during and after processing uranium ore
(uranium mills and associated tailings). It does not
apply to tailings disposal.
"Uranium byproduct material" or "tailings" means the
waste produced by extraction or concentrating uranium
from any ore processed primarily to obtain uranium.
This definition does not include ore bodies depleted
by uranium solution extraction that remain
underground. (40 CFR 61.250, .251)
Standard This standard has three parts:
1. Radon-222 emissions to the air from an existing
uranium mill tailings pile must not exceed 20
pCi/sq m-s.
2. No new tailings impoundment can be built after
December 15, 1989 unless it is designed,
constructed, and operated to meet one of these
two work practices:
- phase disposal in lined tailings impoundments
that have an area of no more than 4 0 acres that
meet the requirements of 40 CFR 192.32(a) as
determined by the NRC. An owner or operator
cannot have more than two impoundments
(including existing impoundments) in operation
at any time.
- continuous disposal of tailings that are
dewatered and immediately disposed of with no
more than 10 acres uncovered at any time and
operated according to 40 CFR 192.32(a) as
determined by the NRC or an Agreement State.
3. All mill owners and operators must comply with
40 CFR 192.32(a) in the operation of tailings
piles, the exemption for existing piles in that
section notwithstanding.
"Area" means the vertical projection of the pile on
the earth's surface.
"Continuous disposal" means a method of tailings
management and disposal in which tailings are
mechanically dewatered immediately after they are
generated. The dried tailings are then placed in
trenches or other disposal areas and immediately
41
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covered to limit emissions to meet all Federal
standards that apply.
"Dewatered" means using mechanical methods or
evaporation to remove water from fresh tailings so
that the water content of the tailings is not more
than 30 percent by weight.
"Existing impoundment" means any uranium mill tailings
impoundment licensed to accept additional tailings and
in existence on December 15, 1989.
"Operation" means tailings are being placed in an
impoundment or the impoundment is in standby status
for placement. An impoundment is in operation from
the day that tailings are first placed there until the
day final closure begins.
"Phased disposal" means a method of tailings
management and disposal using lined impoundments that
are filled and then immediately dried and covered to
meet all applicable Federal standards. (40 CFR
61.251, .252)
Compliance
o Determine
Emissions Measure radon flux and calculate the mean radon flux
for each tailings pile for the year according to
Appendix B, Method 115, Section 2. If the owner or
operator elects to make measurements over a year,
the EPA must be given a schedule of the tests either
before or after the first measurement period. The
owner or operator must notify the EPA 30 days in
advance of any test so the EPA may observe.
o Report to EPA
- Annual Reports Each owner or operator must determine emissions for
the calendar year and report the results to the EPA by
March 31 of the following year. The first report will
cover 1990. The report must include:
- name and location of the mill
- who is responsible for operating the mill and who
prepared the report (if different)
- input parameters used in emissions calculations
- test results, including the results of each
measurement
- a statement certifying that the report is accurate
and complete, followed by the signature of a
corporate official in charge of the mill, and the
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date. (The certification statement is at 40 CFR
61.254 (a) (4) .)
- Monthly
Reports If a facility does not meet the standard for a
calendar year, the owner or operator must start
reporting to the EPA every month, with the first
report due April 30 (covering emissions for March).
Subsequent reports are due 30 days after the end of
the month, until the EPA states they are no longer
needed. These reports must cover the same
information
as the annual report, plus:
- a description of changes being made in order to
meet the standard
- a description of performance under any enforcement
decree.
Reporting under 40 CFR 61.10 is not required. (40
CFR 61.254, .256)
Recordkeeping An owner or operator must keep all the information
used to develop inputs to the report (emission
measurements, procedures used in emission testing,
calculations, analysis methods, data sources), the
compliance results, and monitoring measurements at the
mill for at least 5 years. This information must be
complete enough to allow independent verification of
compliance. The EPA has authority to inspect these
records. (40 CFR 61.255)
Compliance Dates
Compliance Waiver
Construction or
Modification
General Requirement
See Section 2.1.
See Section 2.1.
See Section 2.1.
See Section 2.1.
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3. RADIATION HEALTH AND SAFETY ASPECTS OF INSPECTIONS
This section provides an overview of radiation safety issues that may
arise during facility inspections. It is not a comprehensive health and
safety plan. A comprehensive plan is being developed, which will cover
appropriate dosimetry and other instruments available to inspectors, periodic
examinations for internal exposure, and generic and site-specific training.
The information that follows offers preliminary guidance until that plan is
available.
The sections below describe potential radiation safety concerns at seven
generic types of facilities, rather than by the applicable NESHAP.
3.1 NUCLEAR POWER REACTORS - 40 CFR 61 Subpart I
Radiation areas are usually confined to the reactor building and the
waste handling areas. There will also be radiation in the turbine-generator
building at a boiling water reactor (BWR), but only when the plant is
operating. If radiation levels exceed 2 mrem/hr, the area is posted as a
"radiation area." Above 100 mrem/h=, the posting indicates a "high radiation
area. " If airborne radioactivity is present, the area will be closed off
and posted as an "airborne, radioactivity area."
All of these areas require special access, and a site visitor should
avoid them. If it is necessary to enter them, several approvals will be
required, which will be obtained by the plant staff. Normally, approval will
not be granted unless there is a clear need for access and training has been
completed at the plant. Occasionally, protective clothing will be required.
Site visitors are usually required to attend a briefing session before
entering the plant. However, if the visitor is going only to the office
areas, or will be escorted while at the plant, a briefing may not be needed.
A visitor will be issued a dosimeter if he or she will be going to, or near,
any radiation areas.
Airborne releases of radioactivity occur at the off-gas stack and the
reactor building vent at a BWR. At a pressurized water reactor (PWR),
releases occur only through the vent at the top of the containment building.
Cooling towers do not release radioactivity.
3.2 OTHER NRC LICENSEES - 40 CRF 61 Subpart I
Radiation safety concerns at other NRC and Agreement State licensees
vary according to the way in which radionuclides are used. Hospitals that use
radionuclides in nuclear medicine comprise the largest group of these
licensees. Some hospitals have research laboratories where radionuclides are
used as tracers. Hospitals also use radionuclides for radiation therapy, but
these are sealed sources that do not cause emissions to the air.
At hospitals, research laboratories, nuclear pharmacies, and some
industrial facilities, radionuclides are most commonly released to the air
through fume hoods. These are enclosed workspaces that have three fixed sides
and a closable window on the user's side. Hoods have their own ventilation
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system, which draws room air into the enclosed space and sends it out the top,
where it passes through a filtration or absorption system, if one is present.
This exhaust air is then released to the atmosphere. Volatile radionuclides
are usually stored in fume hoods. Exposure can also occur at accelerators,
x-ray machines, and cobalt-60 units. However, access to these devices is
protected by postings, interlocked doors, and/or shielding. Care must be
exercised in such areas.
The radiation area posting rules described above for reactors apply to
other NRC licensees as well. Most of these facilities will have few, if any,
such areas, but if they do, these areas should be avoided. At all NRC-
licensed facilities, one person - the Radiation Safety Officer (RSO) - is
responsible for radiation safety.
3.3 DOE FACILITIES - 40 CFR 61 Subpart H
The DOE operates 27 research laboratories, nuclear fuel cycle
facilities, and weapons production plants. Their equipment includes nuclear
reactors and particle accelerators; activities cover laboratory research,
nuclear fuel preparation, nuclear weapons production, and waste management.
DOE facilities usually provide radiation dosimeters for visitors who will be
going to, or near, areas where radiation may be present.
Radiological concerns at nuclear reactors are discussed in Section 3.1.
In addition to these concerns, some DOE reactors are air cooled, which
produces more airborne radioactivity than do commercial nuclear power
reactors. This additional radioactivity is primarily argon-41.
General laboratory research issues are covered in Section 3.2. However,
DOE research and weapons production tends to involve unusual or unique
materials (for example, plutonium) with special hazards. This work is
generally performed in "hot cells," which are not accessible to a site
visitor. The posting and access requirements that apply to NRC licensees are
generally also in effect at DOE facilities.
The DOE laboratories house a number of large particle, accelerators used
for nuclear physics research. Radiation safety concerns involve ambient
radiation and radioactive gases. Ambient radiation is present when the
accelerator is running - so-called "prompt" radiation. Lower levels of
radiation are present at all times, coming from induced radioactivity in the
accelerator components and in the concrete walls of the accelerator room.
This radiation is generally not very hazardous, though a visitor to the
facility should be aware that it exists. Radioactive gases are produced when
the accelerator beam passes through air. These gases have short half-lives,
the longest being 1.8 hours for argon-41. These gases are exhausted to the
air before they can become an internal safety hazard.
At DOE's nuclear fuel preparation plants, uranium is handled in a
variety of forms. Exposures to gaseous uranium and uranium dust are potential
hazards. Areas where this gas and dust are present are posted and marked and
should be avoided. Chemical hazards, such as beryllium and fluorine, may also
be present at DOE facilities. Potential chemical hazards should be noted and
appropriate care taken if such areas must be entered.
45
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Finally, all DOE activities have a waste management component. This is
less of a concern at accelerators and more of a concern at research
laboratories and weapons plants. Generally, there is little short-term hazard
associated with waste handling. For example, radiation levels around waste
storage tanks may be elevated. Airborne radioactivity may be present where
active waste processing operations are taking place. Again, radiation areas
will be appropriately posted.
Some EPA Regional Offices have developed and are implementing specific
radiation health and safety plans for certain DOE facilities. These plans
contain more detailed information than presented here.
3.4 ELEMENTAL PHOSPHORUS PLANTS - 40 CFR 61 Subpart K
Generally, there is no radiological hazard inside these plants. Any
radioactivity contained in the feed ore is released only in the process kilns
where the contaminated off-gases are collected, treated, and released to the
atmosphere through a stack or vent. Radiation levels in the plant should not
be significantly elevated, nor should there be any airborne radioactivity.
3.5 UNDERGROUND URANIUM MINES - 40 CFR 61 Subpart B
Underground uranium mines release radon gas to the atmosphere when the
mine is being ventilated by fans located in vertical shafts. The fans pull
fresh air into "downcast" shafts and up through "upcast" shafts, carrying
radon out with the air. A mine may have as few as one or as many as 15 upcast
shafts. Typically, the ventilation fan is located at the top of the shafts,
on the surface. If effluent monitoring is performed at the fan, there is no
need to enter the mine, but care should be taken to spend as little time as
possible at the vent. There are no other radiological hazards at the surface
above the mine.
Radiological hazards in the mine are exposure to radon, radon daughters
and uranium dust. Mine operators must monitor radiation in occupied areas of
the mine. Areas that exceed a specified working level concentration of radon
cannot be occupied.
3.6 URANIUM MILLS - 40 CFR 61 Subpart I
Mills, located near uranium mines, process ore to separate uranium from
the rock matrix. The product, uranium oxide, is called "yellowcake." Milling
is largely a wet process, and the uranium-bearing liquids are generally well
contained to prevent physical contact.
However, the final step in the process is the drying of the wet
yellowcake. This can and does produce uranium dust, and breathing and
ingesting this dust is the primary concern at the mills. Where dust is
excessive, workers wear face masks to filter their breathing air, and these
areas should be avoided. A visitor should also be aware of uranium dust on
surfaces, which can be ingested if hands come in contact with the mouth.
Smoking and eating should also be avoided inside the mills.
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3.7 RADON SOURCES - 40 CFR 61 Subparts B, Q, R, T, and W
The radiological hazard at all radon sources is the same, no matter what
the source. As described above, radon is ventilated from underground uranium
mines. It also emanates from uranium mill tailings piles, phosphogypsum
stacks, and other solid wastes that are rich in radium.
Normally, radon is not a hazard outside buildings. It mixes quickly
with the ambient air to small concentration levels. Nevertheless, point
sources of radon, such as mine vents, should be treated with care. In closed
structures built on or near radon sources, concentrations can be very high.
These buildings should be avoided, unless measurements show that radon
concentrations are within acceptable limits.
47
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4. CONTACTS
This Section contains mailing lists, including contact persons and
addresses, for the facilities in each of the eight source categories (except
Subpart I, NRC Licensees and Non-DOE Federal Facilities).The lists are also
grouped by EPA Region. Subpart I facilities are too numerous to list
conveniently, and no complete listing has ever been made. The appropriate NRC
Regional Office should be able to supply the names and addresses of the major
sources for that Subpart.
4.1 CONTACTS AT UNDERGROUND URANIUM MINES - 40 CFR 61 Subpart B
Region 6
Mr. Edward E. Kennedy
Homestake Mining Company P.O. Box 98
Grants, NM 87020
Site: Section 23
Region 8
Eric Newman
Minerals Recovery Corporation
2801 Youngfield, Suite 331
Golden, CO 8040
Site:
John L. (Jack) Larsen, President
U.S. Energy/Crested Corporation
877 North 8th West
Riverton, WY 82501
Site:
Earl Shortridge, Manager
Umetco Minerals Corporation
P.O. Box 1029
Grand Junction, CO 81502
Site:
Jerry Powers, Director of Personnel,
Health, and Safety
Cotter Corporation
12596 West Bayout Avenue, Ste 350
Lakewood, CO 80228
Site:
4.2 CONTACTS AT DEPARTMENT OF ENERGY FACILITIES - 40 CFR 61 Subpart H
Region 1
Environmental Affairs Contact
Massachusetts Institute of Technology
Manning Road,P.O. Box 95
Middleton, MA 01949
Site: Bates Linear Accelerator
Environmental Affairs Contact
General Electric Company
P.O. Box 545
Windsor, CT 06095
Site: Knolls At. Pwr Lab. - Windsor
Region 2
Environmental Affairs Contact Environmental Affairs Contact
Associated Universities, Inc. Princeton Plasma Physics Laboratory
50 Bell Avenue, Bldg 464 Forrestal Campus, P.O. Box 451
Upton, NY 11973 Princeton, NJ 08543
Site: Brookhaven National Laboratory Site: Princeton Plasma Physics Lab.
48
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Environmental Affairs Contact
West Valley Nuclear Services Co.
Rock Springs Road, P.O. Box 191 West
Valley, NY 14171-0191
Site: West Valley Demo. Project
Environmental Affairs Contact
General Electric Company
P.O Box 1072
Schenectady, NY 12301
Site: Knolls Atomic Power Laboratory
- Kesselring and Knolls sites
Environmental Affairs Contact
U.S. Department of Energy
Naval Reactors (Schenectady)
Region 3
Environmental Affairs Contact Environmental Affairs Contact
Westinghouse Electric Corporation U.S Department of Energy
Bettis Atomic Power Laboratory Pittsburgh Naval Reactors Office
Pittsburgh Naval Reactors Office
P.O. Box 10 9
West Mifflin, PA 15122-0109
Site : Bettis Atomic Power Laboratory
Region 4
Environmental Affairs Contact
General Electric Company
P.O. BOX 2 90 8
Largo, FL 34294
Site: Pinellas Plant
Environmental Affairs Contact
U.S. Department of Energy
Oak Ridge Operations Office
Environmental Affairs Contact
Martin Marietta Energy Systems, Inc.
P.O. Box 200 9
Oak Ridge, TN 37831
Site: Oak Ridge Y-12 Plant
Environmental Affairs Contact
E.I. Du Pont De Nemours & Co.
Savannah River Plant
Aiken, SC 29808-0001
Site: Savannah River Plant
Environmental Affairs Contact
Martin Marietta Energy Systems, Inc.
P.O. Box 2003
Oak Ridge, TN 37831-7402
Site: Oak Ridge Gaseous Diffusion
Plant
Environmental Affairs Contact
Martin Marietta Energy Systems, Inc.
P.O. Box 2008
Oak Ridge, TN 37831
Site: Oak Ridge National Laboratory
Environmental Affairs Contact
Martin Marietta Energy Systems, Inc.
P.O. Box 1410
Paducah, KY 42001
Site: Paducah Gaseous Diffusion
Plant
49
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Region 5
Environmental Affairs
Contact
Monsanto-Mound
P.O. Box 32
Miamisburg, OH 45342
Site: Mound Facility
Environmental Affairs Contact
Universities Research Association
P.O. Box 500
Batavia, IL 60510
Site : Fermi Nat'1 Accel. Laboratory
Environmental Affairs Contact
U.S. Department of Energy
Chicago Operations Office
Environmental Affairs Contact
U.S. Department of Energy
Portsmouth Gaseous Diffusion Plant
P.O. BOX 62 8
Piketon, OH 45661
Site : Portsmouth Gaseous Diff'n
Pit
Environmental Affairs Contact
Argonne National Laboratory
9800 South Cass Avenue
Argonne, IL 60439
Site: Argonne Nat'1 Lab.- East
Environmental Affairs Contact
Battelle Columbus Division
505 King Avenue
Columbus, OH 43201
Site: West Jefferson Nuclear Site
Environmental Affairs Contact
Westinghouse Materials Co. of Ohio
P.O. Box 398704
Cincinnati, OH 45239-8704
Site: Feed Mat'Is Production Center
Environmental Affairs Contact
RMI Company Extrusion Plant
P.O. Box 579, East 21st Street
Ashtabula, OH 44004
Site: RMI Company Extrusion Plant
Region 6
Nestor R. Ortiz
Director, ES&H
Sandia National Labs. Org. 3200
P.O. Box 5800
Albuquerque NM 87185
Site: Inhalation Toxicology Res. Inst.
P. M. Ramey
U.S. Department of Energy
P.O. Box 30030
Amarillo, TX 79120
Site: pantex Plant
R. W. Hunnicut, Director
Facility Operations
Organization 7800
Sandia National Laboratory
P.O. Box 5800
Albuquerque, NM 87185
Site: Sandia Nat'1 Labs (Albq.)
David Hutchins
U.S. Department of Energy
Los Alamos National Laboratories
LOS Alamos, NM 87545
Site: Los Alamos National Laboratory
Bruce Twining, Manager
Albuquerque Area Operations Office
U.S. Department of Energy
P.O. Box 5400
Albuquerque, NM 87115
Site: Waste Isolation Pilot Plant
B. L. Gage
Chief, ESH&EP Management Branch
U.S. Department of Energy/Amarillo
P.O. Box 30030
Amarillo, TX 79120
Site: Pantex Plt/Amarillo Office
50
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Region 8
Environmental Affairs Contact
Midwest Research Institute
1617 Cole Blvd.
Golden, CO 80401
Site : Solar Energy Research Inst.
Environmental Affairs Contact
Rockwell International
P.O. Box 464
Golden, CO 80402
Site: Rocky Flats Plant
Region 9
Environmental Affairs Contact
Sandia Corporation, Albuquerque
East Avenue
Livermore, CA 94550
Site: Sandia National Laboratories
(Livermore)
Environmental Affairs Contact
Reynolds Electrical & Eng. Co,. Inc.
U.S. Department of Energy
Nevada Operation Office
P.O. Box 98518
Las Vegas, NV 89193-8518
Site: Nevada Test Site
Environmental Affairs Contact
U.S. Department of Energy
San Francisco Operations Office
Environmental Affairs Contact
Rocketdyne Div. of Rockwell Int'l
6633 Canoga Ave.
Canoga Park, CA 91303
Site: Santa Susanna Field Laboratory
Environmental Affairs Contact
Sandia Nat'1 Laboratories,
Tonopah Test Range
P.O. Box 871
Tonopah, NV 89049
Site: Tonopah Test Range
Environmental Affairs Contact
U.S. Department of Energy
Nevada Operations Office
P.O. Box 98518
Las Vegas, NV 89193-8518
Environmental Affairs Contact
University of California
1 Cyclotron Road
Berkeley, CA 94720
Site: Lawrence Berkeley Laboratory
Environmental Affairs Contact
University of California
7000 East Ave. Livemore, CA 94550
Site: Lawrence Livermore Nat'1 Lab.
Environmental Affairs Contact
Stanford University
Stanford, CA 94309
Site: Stanford Linear Accelerator Center
Region 10
Environmental Affairs Contact
Site Operators
785 DOE Place
Idaho Falls, ID 83402
Site: Idaho Nat'l Engineering Lab.
Environmental Affairs Contact
U.S. Department of Energy
Richland Operations Office
Environmental Affairs Contact
U.S. Department of Energy
Idaho Operations Office
Environmental Affairs Contact
Westinghouse Hanford Company
Richland, WA 99352
Site: Hanford Site
51
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4.3 CONTACTS AT NRC-LICENSED AND NON-DOE FEDERAL FACILITIES - 40 CFR
61 Subpart I
Site contacts are not listed for
extremely numerous and diverse. Major
Regional Offices. In addition, some of
W may also hold NRC licenses.
Region 2
Environmental Affairs Contact
Bechtel National, Inc.
Niagara Falls Storage Site
Lewiston, NY
Site: Niagara Falls Storage Site
Region 5
Environmental Affairs Contact
Westinghouse Materials Company
Feed Materials Production Center
Fernald, OH
Site: Feed Materials Production Ctr
Region 7
Environmental Affairs Contact
M-K Ferguson Company
Weldon Spring Site
Weldon Spring, MO
Site: Weldon Spring Site
Region 8
Environmental Affairs Contact
U.S. Department of Energy
Monticello Uranium Mill Tailings Pile
Monticello, UT
Site: Monticello U. Mill Tigs Pile
category, as they are
be familiar to the EPA
listed for Subparts T and
61 Subpart K
t Manager
ical
402
Environmental Affairs Contact
Site Operator
Middlesex Sampling Plant
Middlesex, NJ
Site: Middlesex Sampling Plant
4.4 CONTACTS AT ELEMENTAL PHOSPHORUS PLANTS - 40 CFR
Region 4
Bill Purdue, Plant Manager Tom Vasko, Plan
Monsanto Company Occidental Chem
Highway 50W P.O. Box 591
Columbia, TN 48401 Columbia, TN 38
4.5 CONTACTS AT DOE RADON SITES - 40 CFR 61 Subpart Q
this source
sources will
the sources
52
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4.6 CONTACTS AT PHOSPHOGYPSUM FACILITIES - 40 CFR 61 Subpart R
indicates persons who can be contacted to identify on-site personnel
Region 4
Selwyn Presnell
Environmental Affairs Contact
Agrico Chemical Co.
P.O. Box 1110
Mulberry, FL 33860
Site: Bartow, FL
Ivan Nance
Environmental Affairs Contact
Royster Phosphate, Inc.
P.O. Box 1329
Palmetto, FL 34220
Site: Palmetto, FL
Environmental Affairs Contact
Brewster Phosphates
Bradley, FL
Site: Bradley, FL
Tom Edwards
Environmental Affairs Contact
CF Industries, Inc.
P.O. Drawer "L"
Plant City, FL 33566
Site: Plant City, FL
James Sampson
Environmental Affairs Contact
CF Industries, Inc.
Bonnie Mine Road
Bartow, FL 33830
Site: Bartow, FL
Kenneth 0. West
Environmental Affairs Contact
Conserv, Inc.
P.O. Box 314
Nichols, FL 33863
Site: Nichols, FL
J. R. Perrin
Environmental Affairs Contact
Estech, Inc.
P.O. Box 208
Bartow, FL 33830
Site: Bartow, FL
C. Gene Meier
Environmental Affairs Contact
Farmland Industries, Inc.
P.O. Box 960
Bartow, FL 33830
Site: Bartow, FL
Ozzie Morris
Manager of Environment
Gardinier, Inc.
8813 Hwy 41 South
Riverview, FL 33569
Site: Tampa, FL
Kenneth V. Ford
Manager, Environmental Affairs
Seminole Fertilizer Corp.
Box 471
Bartow, FL 33830
Site: Bartow, FL
Joseph M. Baretincic
Director, Environmental Services
IMC Core, New Wales Operations
P.O. Box 1035
Mulberry, FL 33860
Site: Mulberry, FL
R. E. McNeill
Environmental Affairs Contact
Occidental Chemical Co.
P.O. Box 300
White Springs, FL 32096
Site: White Springs, FL
53
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T. R. Schmalz
Environmental Affairs Contact
Royster Phosphate, Inc.
P.O. Drawer 7 97
Mulberry, FL 33860
Site: Mulberry, FL
Jimmie F. Smith
Sr. Process Engineer
Nu-South Industries,
Inc. P.O. Box 848
Pascagoula, MS 39567
Site: Pascagoula, MS
James H. Carroll
Environmental Affairs Contact
USS Agri-Chemicals, Inc.
3225 State Road, 630 West
Ft. Meade, FL 33841
Sites: Bartow & Ft. Meade, FL
William A. Schimming
Environmental Affairs Contact
Texasgulf Chemicals Co.
P.O. Box 4 8
Aurora, NC 27806
Site: Aurora, NC
Region 5
Steven K. Shogren
Supervisor, Environmental Services
General Chemical Corporation
Route 3, Box 30
Harrisburg, IL 62946
Site : E. St. Louis, IL
Frank B. Eisenhardt
Environmental Manager
Mobil Mining & Minerals
P.O. Box 311
Nichols, FL 33863-0311
Site: DePue, IL
Dain Kelly
F & W Flying Service
168 East Bluff Street
Marseilles, IL 61341
Site: Marseilles, IL
Jerry Starkey
Environmental Group Leader
Quantum Chemical Corp., USI Division
8805 North Tabler Road
Morris, IL 60450-9988
Site: Morris, IL
Vickie J. Ray
Environmental Specialist
Olin Chemicals
P.O. Box 248
Lower River Road
Charleston, TN 37310
Site: Joliet, IL
G. M. Miller
Technical Manager
Quantum Chemical Corp., USI Division
P.O. Box 218
Tuscola, IL 61953
Site: Tuscola, IL
Environmental Affairs Contact
SECO, Inc.
Streator, IL
Site: Streator, IL
(Illinois Superfund Site)
Region 6
Jacob Ross, Jr.
Environmental Engineer
Five Rivers Nitrogen Corp.
P.O. Box 825
Helena, AR 72342
Site: Donaldsonville, LA
D. J. Miller
Vice President, Environmental Affairs
Freeport McMoRan, Inc.
1615 Poydras Street
New Orleans, LA 70112
Site: Fanstina Plant
54
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H. J. Baker
Plant Manager
Arcadian Corporation
P.O. Box 307
Geismar, LA 70734
Site: Geismar, LA
D. J. Miller
Vice President, Environmental
Affairs
Freeport McMoRan, Inc.
1615 Poydras Street
New Orleans, LA 70112
Site: Uncle Sam Plant, LA
Keith B. Kline
Environmental Specialist
Kerley Enterprises, Inc.
2480 W. Twin Buttes Road
Sahuarita, AZ 85629
Site: Kerley Agricultural Chemicals
W.C. Stoltz
Phillips 66 Company
P.O. Box 792
Pasadena, TX 77501-0792
Site: Pasadena (Phillips)
Ronald A. Johnson
Environmental Affairs Contact
Agrico Chemical Company
77 60 River Road
Hahnville, LA 70057
Site: Hahnville, LA
Charles V. Rice
Environmental Affairs Contact
Amoco Oil Co.
P.O. Box 401
Texas City, TX 77590
Site: Texas City, TX
John L. Murray, Jr.
Environmental Affairs Manager
Mobil Mining & Minerals Division
P.O. Box 3447
Pasadena, TX 77501
Site : Pasadena (Mobil)
D. J. Miller
Vice President, Environmental Affairs
Freeport McMoRan, Inc.
1615 Poydras Street
New Orleans, LA 70112
Site: Taft Plant
Region 7
George Chambers*
Agrico Chemical Company
P.O. Box 60031
New Orleans, LA 70160
Site: Ft. Madison, IA
Environmental Affairs Contact
W.R. Grace and Company
Joplin, MO
Site: Joplin, MO
Region 8
H. K. Sepehri-Nik
Environmental Affairs Contact
Chevron Chemical Co. c/o FCI
P.O. Box 100
Magna, UT 84044
Site: Magna, UT
Rick Vincent
Environmental Affairs Contact
Chevron Chemical Company
P.O. Box 1928
Rock Springs, WY 82902
Site: Rock Springs, WY
55
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Region 10
John F. Cochrane
Environmental Affairs Contact
J.R. Simplot Company
P.O. Box 912
Pocatello, ID 83204
Site: Pocatello, ID
Bunder Hill Company
Kellogg, ID
Site: Kellogg, ID
Monty Johnson
Environmental Affairs Contact
Nu-West Industries, Inc.
3010 Conda Road
Soda Springs, ID 83276
Site: Conda, ID
Environmental Affairs Contact
4.7 CONTACTS AT URANIUM MILL TAILINGS DISPOSAL SITES - 40 CER 61 Subpart T
Region 3
Canonsburg Site
Pennsylvania
Region 6
Bruce Twining, Manager
Albuquerque Operations Office
U.S. Department of Energy
P.O. Box 5400
Albuquerque, NM 87115
Sites: Ambrosia Lake, NM
Shiprock, NM
Falls City, TX
R. S. Ziegler, Project Manager
Bluewater Mill
P.O. Box 638
Grants, NM 87020
Site: Bluewater Mill
Gerald Schurtz, Director
Environmental Affairs
Kennecott Corporation
P.O. Box 11248
Salt Lake City, UT 84147
Site: L-Bar Mill
J. D. Patton, Manager
Operations Support Division
Exxon Coal and Minerals co.
P.O. Box 1314
Houston, TX 77251-1314
Site : Ray Point Mill
Juan R. Velasquez, President
United Nuclear Corporation
1700 Louisiana, NE, Suite 230
Albuquerque, NM 87110
Site : Churchrock Mill
Bill Ferdinand, Manager
Radiation Safety, Licensing and
Regulatory Compliance
Rio Algom Mining Corporation
6305 Waterford Blvd,
Suite 325 Oklahoma City, OK 73118
Site: Ambrosia Lake, NM
Claude Olenick
Project Manager
CONOCO Inc. - Conquista Project
P.O. Box 309
Falls City, TX 78113
Site : Conquista Mill
56
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Region 8
Durango Site
Durango, Co
Gunnison Site
Gunnison, CO
Naturita Site
Colorado
Old Rifle Site
Rifle, CO
Slick Rock (Union Carbide) Site
Colorado
Bowman Site
North Dakota
Mexican Hat Site
Mexican Hat, UT
Converse County Site
Wyoming
Environmental Affairs Contact
Umetco Minerals
Colorado
Site : Uravan Mill
Environmental Affairs Contact
Tennessee Valley Authority
South Dakota
Site: Edgemont Mill
Environmental Affairs Contact
Western Nuclear
Wyoming
Site : Split Rock Mill
Environmental Affairs Contact
Rocky Mountain Energy
Wyoming
Site: Bear Creek Mill
Grand Junction Site
Grand Junction, Co
Maybell Site
Colorado
New Rifle Site
Rifle, CO
Slick Rock (North Continent) Site
Colorado
Belfield Site
North Dakota
Green River Site
Green River, UT
Salt Lake City Site
Salt Lake City, UT
Riverton Site
Wyoming
Environmental Affairs Contact
Atlas
Utah
Site: Moab Mill
Environmental Affairs Contact
Petrotomics
Wyoming
Site: Petrotomics Mill
Environmental Affairs Contact
Umetco Minerals
Wyoming
Site: Umetco Mill
Environmental Affairs Contact
Exxon
Wyoming
Site: Highland Mill
Environmental Affairs Contact
American Nuclear Corporation
Wyoming
Site: FAP Mill
57
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Region 9
Monument Valley Site
Arizona
Tuba City Site
Tuba City, AZ
Region 10
Lowman Site
Idaho Oregon
Lakeview Site
Environmental Affairs
Contact
Dawn Mining
Washington
Site: Dawn Mill
Environmental Affairs Contact
Western Nuclear
Washington
Site: Sherwood Mill
4.8 CONTACTS AT OPERATING URANIUM MILL TAILINGS SITES
Subpart W
4 0 CFR 61
Region 6
John E. Hardaway
Technical Manager, Envir. Affairs
Homestake Mining Co.
1726 Cole Blvd.
Golden, CO 80401
Site: Homestake Mill, NM
Kevin L. Raabe, Coordinator
Env. & Safety Div., Chevron Res. Co.
Panna Maria Uranium Operations
P.O. Box 1000
Hobson, TX 78117
Site: Panna Maria Mill
Environmental Affairs Contact
Kerr-McGee
New Mexico
Site: Ambrosia Lake Mill
Region 8
Environmental Affairs Contact
Cotter Corp.
Colorado
Site: Canon City Mill
Environmental Affairs Contact
Rio Algom
Utah
Site: Rio Algom Mill
Environmental Affairs Contact
Plateau Resources
Utah
Site: Shootaring Mill
Environmental Affairs Contact
Minerals Exploration, Wyoming
Site: Sweetwater Mill
Environmental Affairs Contact
Umetco Minerals
Utah
Site: White Mesa Mill
Environmental Affairs Contact
Pathfinder
Wyoming
Site: Shirley Basin Mill
Environmental Affairs Contact
Pathfinder
Wyoming
Site: Lucky MC Mill
58
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5. REFERENCES
American National Standards Institute (ANSI), "Guide to Sampling Airborne
Radioactive Materials in Nuclear Facilities," ANSI N13.1 - 1969, ANSI,
1969. (IBR approved for §§ 61.93(b) (2) (ii) and 61.107(b) (2) (ii); and
Method 114, par. 2.1 of Appendix B to part 61)
American Public Health Association (APHA),"Method 605, Tentative Method of
Analysis for Plutonium Content of Atmospheric Particulate Matter,"
Methods of Air Sampling, 2nd Edition, APHA, 1977.
APHA, "Method 601, Tentative Method of Analysis for Gross Alpha Radioactivity
Content of the Atmosphere," Ibid.
APHA, "Method 602, Tentative Method of Analysis for Gross Beta Radioactivity
Content of the Atmosphere," Ibid.
APHA, "Method 608, Tentative Method of Analysis for Strontium-90 Content of
Atmospheric Particulate Matter," Ibid.
APHA, "Method 609, Tentative Method of Analysis for Tritium Content of the
Atmosphere," Ibid.
APHA, "Method 603, Tentative Method of Analysis for Iodine-131 Content of the
Atmosphere," Ibid.
American Society for Testing and Materials (ASTM), "Standard Test Method for
Air Permeability of Textile Fabrics," ASTM D 737-75. (Incorporation by
reference (IBR) approved January 27, 1983 for § 61.23(a))
ASTM, "Standard Specification for Reagent Water," ASTM D 1193-77. (IBR
approved for Method 101, par .6.1.1; Method 101A, par .6.1.1; Method
104, par. 3.1.2)
"Standard Method for Evaluation of Air Assay Media by the Monodisperse
DOP (Dioctyl Phthalate) Smoke Test," ASTM D 2986-71. (IBR approved for
Method 103, par. 2.1.3; Method 104, par. 3.1.1.; reapproved 1978)
ASTM, "Aromatics in Light Naphthas and Aviation Gasoline by Gas
Chromatography," ASTM D 2267-68. (IBR approved June 6, 1984 for
§ 61.245(d) (1) and IBR approved September 30, 1986 for § 61.67(h)(1))
ASTM, "Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High
Precision Method), ASTM D 2382-76. (IBR approved June 6, 1984 for §
61.245(e) (3))
ASTM, "Noncondensable Gases in C3 and Lighter Hydrocarbon Products by Gas
Chromatography," ASTM D 2504-67. (IBR approved June 6, 1984 for
§ 61.245(e) (3); reapproved 1977)
ASTM, "Standard Practices for the Measurement of Radioactivity," Designation
D-3648-78, 1986 Annual Book ASTM Standards, ASTM, 1986.
59
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ASTM, "Standard Practice for High Resolution Gamma Spectrometry," Designation
D-3649-85, Ibid.
ASTM, "Standard Test Method for Alpha Particle Radioactivity of Water,"
Designation D-1943-81, Ibid.
ASTM, "Standard Test Method for Beta Particle Radioactivity of
Water," Designation D-1890-81, Ibid.
ASTM, "Standard Test Method for Gamma Spectrometry of Water," Designation D-
2459-72, Ibid.
ASTM, "Standard Test Method for Isotopic Uranium in Water by Radiochemistry,"
Designation D-3972-82, Ibid.
ASTM, "Standard Test Methods for Microquantities of Uranium in Water by
Fluorometry, " Designation D-2907-83, Ibid.
ASTM, "Standard Test Method for Uranium in Aqueous Solutions by Calorimetry,"
Designation E-318, Ibid.
ASTM, "Standard Practice for Alpha Spectrometry of Water," Designation D-3084-
75, Ibid.
Corley, J.P. and D.C. Corbit, "A Guide for Effluent Radiological Measurements
at DOE Installations," DOE/EP-0096, Pacific Northwest Laboratories,
1983.
DOE, "RESL Analytical Chemistry Branch Procedures Manual," IDO-12096, U.S.
Department of Energy, Idaho Falls, 1982.
Environmental Protection Agency (EPA), "Environmental Impact Statement,
NESHAPS for Radionuclides", EPA, Background Information Document Volume
1, EPA 520/1-89-005; Volume 2, EPA 520/1-89-006-1; Volume 2
Appendices, EPA 52 0/1-8 9-0 0 6-2; Volume 3, EPA 520/1-89-007; September
1989 .
"Compilation of Air Pollutant Emission Factors," EPA Publication No. AP
42, latest edition.
"Radiochemical Analytical Procedures for Analysis of Environmental
Samples, EMSL-LV-0539-17, EPA, Environmental Monitoring and Support
Laboratory, Las Vegas NV, 1979.
"Radiochemistry Procedures Manual," EPA 520/5-84-006, Eastern
Environmental Radiation Facility, Montgomery AL, 1984.
"Method 601, Test Method for Purgeable Halocarbons," EPA, July 1982, IBR
approved September 30, 1986 for § 61.67(g)(2).
"Indoor Radon and Radon Decay Product Measurement Protocols," EPA, Office
of Radiation Programs, EPA 520/1-89-009, March 1989.
EPA,
EPA,
EPA,
EPA,
EPA,
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EPA, "A Guide for Determining Compliance with the Clean Air Act Standards for
Radionuclides Emissions from NRC-Licensed and Non-DOE Federal
Facilities," EPA 520/1-89-002, January 1989.
EPA, "User's Guide for the COMPLY Code, "EPA 520/1-89-003, October 1989.
EPA, "User's Guide for the COMPLY-R Code, "EPA 520/1-89-004, October 1989.
EPA, "Background Information Document: Procedures Approved for Demonstrating
Compliance with 40 CFR part 61, Subpart I," EPA 520/1-89-001, January
1989 .
Hartley, J.N. and H.D. Freeman, "Radon Flux Measurements on Gardinier and
Royster Phosphogypsum Piles Near Tampa and Mulberry, Florida," EPA
520/5-85-029, January 1986.
National Council on Radiation Protection and Measurements (NCRP),
"Environmental Radiation Measurements," NCRP Report No. 50, NCRP,
Bethesda MD,1976.
NCRP, "Tritium Measurement Techniques," NCRP Report No. 47, NCRP, Bethesda MD,
1976 .
NCRP, "A Handbook of Radioactivity Measurement Procedures," NCRP Report No.
58, NCRP, Bethesda MD, 1985.
NCRP, "Screening Techniques for Determining Compliance with Environmental
Standards," NCRP Commentary No. 3, Revision of January 1989 with
addendum of October 1989.
Nuclear Regulatory Commission (NRC), "Radiological Effluent and Environmental
Monitoring at Uranium Mills," Regulatory Guide 4.14, Revision 1, NRC,
Office of Standards Development, April 1980.
NRC, "Quality Assurance for Radiological Monitoring Programs (Normal
Operations) - Effluent Streams and the Environment, "Regulatory Guide
4.15, Revision 1, NRC, Office Of Standards Development, February 1979.
NRC, "Monitoring and Reporting Radioactivity in Releases of Radioactive
Materials in Liquid and Gaseous Effluents from Nuclear Fuel Processing
and Fabrication Plants and Uranium Hexafluoride Production Plants,"
Regulatory Guide 4.16, Revision 1, NRC, Office of Standards Development,
December 1985.
NRC, "Methods for Estimating Radioactive and Toxic Airborne Source Terms for
Uranium Milling Operations," Regulatory Guide 3.59, NRC, Office of
Nuclear Regulatory Research, March 1987.
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6. QUESTIONS AND ANSWERS ABOUT THE NESHAPS
This section includes questions raised by commenters and other persons who have
studied the NESHAPS, together with suggested responses. Obviously,
not all possible questions have been asked; experience with implementing the
standards will certainly produce more. Please share new questions or comments
with EPA Headquarters so they can be added to the guidance.
1. Compliance reports sent to the EPA under subparts B, W, H,
and I are to cover emissions for the previous calendar year. What if a source
has operated for only part of a year?
Answer: A source that began operating or ceased operating during a year will
have only a partial year of monitoring or operational data. However, when a
source is not operating, no emissions occur. (For this purpose, "operating
period" includes all times when radionuclides are present at the site.)
Therefore, the EPA considers that the emissions during a partial year of
operation are those for the entire calendar year covered by the annual report.
2. The standards for Subparts B, H, I, and W require a facility to demonstrate
compliance on a calendar year or annual basis. However, those standards refer
to emissions in "a year" or "in any year." Does a facility have to ascertain
compliance on a "rolling" basis, for example, by running appropriate air
dispersion models every month?
Answer: The standards are intended to apply to any 12-month period, but the
EPA will not require a facility to provide proof of compliance more than once
a year unless the facility is not meeting the standards. In that case, a
facility that is not in compliance must submit a report each month that covers
emissions and the resulting dose for the previous month. When the EPA is
satisfied that the facility is in compliance it will inform the facility that
monthly reports are no longer needed. A facility does have to monitor its
emissions as specified in the applicable standard, and the results of that
monitoring should be sufficient to alert the operator if there is a problem. The
EPA expects that even those facilities that use approved methods to estimate
emissions will do so periodically. In addition, a facility that can demonstrate
compliance but is very close to the limit should examine its
operations and monitoring results to see whether it is exceeding the standard
for part of a calendar year and operating well beneath it at other times.
Such a pattern may be due to the nature of the firm's operation, or it may
indicate that sound practices should be more rigorously enforced. The records
required to be kept at the facility for five years will reflect the situation.
3. If a facility is not in compliance with the standard and must
file monthly reports, when is the first monthly report due to the EPA?
Answer: The first monthly report is due 30 days after the annual report -
April 30 for Subparts I, B, and W, covering emissions during March; and July
30 for Subpart H, covering emissions for June. If the Administrator requires
tests more often than annually under Subpart K, reports are due within 60 days
of the test unless the Administrator specifies otherwise.
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4. When is the first annual report due under Subpart H?
Answer: The first annual report under Subpart H is due June 30, 1991 and
should cover emissions for calendar year 1990. The report must be filed with
both the appropriate EPA regional office and with EPA headquarters, as stated
in 40 CFR 61.94(a). Emissions for calendar year 1989 should have been
reported under the former NESHAP.
5. How are accidental releases handled in determining compliance?
Answer: Accidental releases are included in the standards and can result in
a violation of the standard. The wording of the standards,
"(E)missions...shall not exceed..." does not exclude any emissions, whether due
to normal operations or not.
6. What criteria will the EPA use in reviewing applications to
construct or modify? What authority does the EPA have to disapprove
those applications if the standard will be met?
Answer: The owner or operator must submit enough information (plans,
timetables, emissions estimates with backup information, etc.) to allow the
EPA to assess independently whether the source will meet NESHAPs requirements.
General information requirements are listed at 40 CFR 61.07, and the sample
letter in Section 7.2 describes these items more completely. Applications
will be approved if the source, as constructed or as modified, can operate in
compliance with the relevant standard.
7. When applying for approval to modify a source, what are the
limitations or requirements on the time period for the
meteorological data, emissions averaging period, release
assumptions, and other inputs to COMPLY?
Answer: Since the standard applies to a year period, the dose from a
modification should be estimated for a year. "A Guide for Determining
Compliance with the Clean Air Act Standards for Radionuclides Emissions from
NRC-Licensed and Non-DOE Federal Facilities" (EPA 520/1-89-002, January 1989)
and "User's Guide for the COMPLY Code" (EPA 520/1-89-003, October 1989)
describe the needed assumptions and limitations on input data.
8. Will EPA consider accidental releases when deciding to
approve or deny an application to construct a new facility or
modify an existing one?
Answer: No. By definition, accidental releases cannot be expected to occur
and therefore are not considered. However, experience has shown that some
releases that do not result from normal operation, such as occasional improper
handling of or physical damage to sources, or failure of filters or exhaust
hoods, are more predictable, and the EPA will require and consider information
on this type of release when considering applications.
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9. Would changes in building dimensions require EPA approval as
a modification, if emissions did not increase?
Answer: A modification is defined in § 40 CFR 61.15(a) as a physical or
operational change that results in an "increase in the rate of emission... ."
The standard for Subpart I states that "emissions... shall not exceed those
amounts that would cause any member of the public to receive in any year an
effective dose equivalent of 10 mrem/yr." Thus, while it is possible that
substantially altering the shape or size of a building could change the dose
received, it does not change emissions, and no approval is needed. However,
the facility must continue to comply with the standard.
10. For facilities subject to subpart H, how frequently should
"periodic" measurements be made at release points that have been
determined not to require continuous monitoring?
Answer: The owner or operator should determine the frequency of these
periodic measurements on a case-by-case basis using the best professional
judgment of the potential for emissions from that release point to increase
significantly.
11. What is the DOE Effluent Information System?
Answer: DOE's Effluent Information System is a database that includes annual
emissions data by release point.
12. What criteria will the EPA use to evaluate an application by
sources subject to Subparts H and I to use environmental
measurements to demonstrate compliance?
Answer: Detailed guidance for evaluating environmental monitoring programs is
presented in Appendix A.
13. Can accidental releases or plant upsets be considered when deciding
to approve or deny environmental monitoring in lieu of stack monitoring at
DOE facilities?
Answer: Approval of environmental measurements for demonstrating compliance
at DOE facilities is not in lieu of stack monitoring: environmental
measurements take the place of air dispersion modeling. Therefore, stack
measurements will be available to capture accidental release information in a
timely fashion.
14. Where mixed wastes are involved, do the RCRA regulations or
the CAA NESHAP standards take precedence?
Answer: For most facilities, the issue of mixed wastes is moot. At
facilities that do have mixed wastes, primarily DOE facilities and NRC-
licensed facilities, the RCRA and NESHAP requirements do not, for the most
part, come in conflict since the mixed wastes are not in a form that will lead
to airborne releases. Facilities where incineration is used to dispose of
mixed wastes are an important exception to this general statement. For these
facilities, both the RCRA requirements for mixed wastes and the NESHAP limits
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for radionuclide emissions must be met. Neither set of regulations takes
precedence over the other.
15. The need to obtain EPA approval to modify a facility is likely
to result in delay in implementing NRC-required modifications.
This could have significant safety implications for workers or the
public, depending on the nature of the modification. Is there any "emergency"
modification approval process? Or could NRC
procedures for reviewing modification/construction plans
accommodate EPA's needs?
Answer: Only modifications that would result in an increase in emissions
require EPA approval. Modifications must be assessed for their potential to
cause an increase. For modifications that are not estimated to cause an
increase in emissions that would result in a dose greater than 1 percent of the
standard (or, when combined with existing emissions, result in a dose
greater than 10 percent of the standard), no application is required.
Further, at least some NRC-required modifications cannot (or need not) be
implemented in the time frame for EPA approval or denial (a maximum of 120
days), so there should not be a problem for some modifications or new
construction. This issue is being considered as a topic for an NRC-EPA
Memorandum of Understanding.
16. Will NRC licensees be required to obtain a license amendment
to incorporate the new EPA dose standard?
Answer: This will be discussed as part of the NRC-EPA MOU.
17. The NRC authorizes the use of radioactive materials at temporary and
outdoor job sites. What constitutes the facility?
Answer: Section 61.101 defines facility as 'all buildings, structures and
operations on one contiguous site." The standard applies to all activities
under the control of an NRC licensee, whether indoor or outdoor, permanent or
temporary. The EPA can provide mote specific guidance on a case-by-case basis.
18. Radionuclides may be intentionally dispersed into the environment
as part of a tracer study. Where is the point of
release if radionuclides are released into a well to determine
hydrogeologic characteristics?
Answer: Generally, radionuclides released to the atmosphere should be assumed
to enter the air at the point of release. If radionuclides are released to
another medium, a site-specific technical analysis may be performed to estimate
the point of release. If the resulting dose exceeds the exemption level, these
estimates must be submitted to the Agency for review before the tracer studies
are performed. Actual releases and the resulting dose are then subject to the
NESHAPs reporting requirements.
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19. At low level radioactive waste disposal sites, how is the
source term from buried materials to be calculated? How are
releases from area sources to be handled?
Answer: To calculate a source term, radionuclides that boil at temperatures
less than 100° C must be assumed to be released from waste disposal sites.
Also, volatile daughters that form as a result of decay of parent nuclides
buried at the site must be considered to be released. In either case, the
release rate can be assumed to be associated with the durability of the waste
packaging (Class A, B, or C). In handling area sources, if the receptor is
far from the site - more than twice the distance across the site, measured in
the direction to the receptor - it can be assumed that the total release takes
place at ground level from the center of the disposal site. If the receptor is
closer to the site, a computer program called AREA can be used to calculate
a multiplier that accounts for the additional exposure due to close proximity.
20. What is a low energy accelerator for purposes of subpart I?
Answer: The EPA's provisional definition of a low-energy accelerator is one
that has a beam energy of 100 MeV or less. The Agency is continuing to refine
this definition.
21. Potential emissions from an accelerator include both activation
products and releases from the target materials. How
is the source term for these facilities to be determined?
Answer: The source term should be determined by making two separate
estimates: 1) releases from the accelerator tunnel itself, and 2) releases
from handling and processing the targets once they are removed from the
accelerator. For accelerators with a beam energy of 100 MeV or less (low
energy accelerators, as currently defined), emissions from the accelerator tunnel are
exempt from the rule. For accelerators with a beam energy greater
than 100 MeV, the tunnel may be considered a "sealed" source until venting
occurs. The source term may be reduced due to radioactive decay, based on the
time between shutting off the beam current and venting the tunnel. The
targets may also be considered "sealed" unless they are damaged. If damaged,
then the appropriate release fraction based on the physical form of the target
must be applied to the quantity of radioactive material in the target. At all
facilities, once the target is removed from the tunnel, it should be included in the
facility's annual inventory. When it undergoes processing to recover
the product, the appropriate release fraction is applied to estimate the
source term.
22. Do the dose standards apply to an actual member of the public
or a hypothetical individual?
Answer: The standards apply to actual members of the public.
23. Does the COMPLY code calculate the dose to a real or to a
hypothetical individual?
Answer: Like all dose assessment codes, the COMPLY code only approximates
reality. As explained in the Background Information Document (EPA 520/1-89-
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002), the tiered approach used in COMPLY allows more site-specific values to
be substituted for certain parameters at higher levels. Other parameter
values and calculational techniques are implicit in the methodology and
cannot be changed. The COMPLY methodology was developed to assure that the
calculated doses do not significantly underestimate the actual dose received
by any member of the public. The user may, of course, calculate dose to a
hypothetical individual at the fencepost in the predominant wind direction.
24. Can methods other than COMPLY, such as those approved by the
NRC, be used to calculate dose? Why is a facility that uses
another method required to file an annual report even if it is in
compliance?
Answer: Alternate methods can be used with prior EPA approval on a case-by
case basis. The Agency anticipates that relatively few facilities will need
to use an alternate method, and that those that wish to do so will be large,
complex, or unusual in some respect. These facilities are more likely to have
the potential to cause larger doses, and the EPA wishes to track that
potential and the adequacy of the alternate methods over time.
25. What criteria will the EPA use to approve alternate computer
codes for use in place of COMPLY?
Answer: Approval of alternative computer codes will be based on an evaluation
of the meteorological and dosimetric models used in the code end on the
exposure pathways that are included. The meteorological dispersion portion of
the code must be appropriate for the situation that is being evaluated. For
example, a code for treating area sources is not appropriate for releases from
a stack or vent. The dosimetric models should closely approximate those in
ICRP 26 and 30, and any differences should be explained and justified by the
applicant. With respect to pathways, the code must consider air immersion,
inhalation, ingestion, and ground-surface contamination. In addition, any
request for approval of an alternative procedure that proposes modifying
parameters that affect dose should be reviewed by EPA Headquarters prior to
approval.
26. Is the nearest office, business, or school located off the
site, or could it be a part of the facility?
Answer: For all subparts except Subpart I, compliance is to be demonstrated
at the offsite residence, school, or office that is determined to have the
highest potential exposure. For Subpart I, which includes facilities such as
universities where there may be a residence on the site, compliance is
determined at the residence (including an onsite residence, if any) or the
offsite school or office that is determined to have the highest potential
exposure.
27. How is "receptor" defined?
Answer: The receptor is either the point occupied by the individual whose
exposure is being assessed, or the location where food that the individual
consumes is being grown. (Note : the EPA compliance procedures for Subpart I
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allow three separate locations for farms producing vegetables, milk,
and meat.)
28. Can facilities subject to Subparts B, H, or I assume that the
receptor is at the site boundary in order to avoid continually determining
the location of the maximally exposed individual?
Answer: For facilities subject to Subparts B and H, demonstrating compliance
at the site boundary requires prior EPA approval. This approval is
appropriate when the release point/fence post relationship is such that the
plume touches the ground within the site boundary. For facilities subject to
Subpart I that do not have a residence on the site, prior approval is not
required because the compliance procedures assure that the fence post exposure
does not underestimate exposure at other locations.
29. Some facilities that use measured emissions data for input
into air dispersion models to demonstrate compliance may not yet
meet all the specific monitoring requirements set out in the
standards but can show that they meet the dose standards. What
should those facilities do while amending their monitoring
programs or changing monitoring equipment to meet the EPA
requirements?
Answer: Where monitoring is required by a specific subpart, the facility also
has the option to ask the EPA to approve alternative procedures. The
possibility of obtaining approval for the use of alternative procedures is
mentioned both in the specific subpart (e.g., 40 CFR 61.93) and in Subpart A,
at 61.14(g) (1) .
30. An elemental phosphorus plant is required under Subpart K to
test its emissions initially within 90 days of December 15, 1989,
and every year after that. The previous Subpart K NESHAP also
required a plant to conduct an initial emission test or obtain a
waiver of that test. Will tests conducted under the old NESHAP
have to be repeated?
Answer: Unless a waiver of emissions testing is obtained under 40 CFR 61.13,
tests must have been conducted by March 15, 1990, and annually thereafter.
Considerations for granting a testing waiver should include: the operational
status of the plant (three facilities are on indefinite shutdown and no
testing should be required unless they resume operations, if ever): whether
the facility has changed its operations; and the previous level of polonium
210 emissions. If the testing methods met the requirements of the previous
NESHAP and the test results showed emissions of less than 0.5 Ci/yr, an
emissions testing waiver may be granted. This emissions level allows for
testing error, provides an ample margin of safety, and would require only
three plants to test emissions under the new NESHAP standard. As well as
waiving the testing requirement, the EPA may also increase the frequency of
testing.
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31. If operating conditions do not change, does an elemental phosphorus
plant have to test emissions every year?
Answer: Under the new Subpart K, annual tests are required unless the
Administrator waives them. The Administrator may grant either a temporary or
permanent waiver. Also note that the Administrator may require more frequent
testing under 40 CFR 61.123(a) and 40 CFR 61.13(b).
32. When demonstrating compliance for an elemental phosphorus
plant under Subpart K, would it be appropriate to measure the
feedstock for polonium-210 concentration using, for example, the
EERF Radiochemistry Method (R. Blanchard) instead of determining
the emission rate each year?
Answer: Measuring the polonium-210 concentration in the feedstock would
require the Administrator's approval as an alternative method under 4 0 CFR
61.13 (h) (1) (ii). Approval is appropriate if the annual throughput of
polonium-210 is less than 2 Ci/yr. If the annual throughput of polonium-210
is greater than 2 Ci/yr, approval could still be appropriate if the owner or
operator can prove that the efficiency of the effluent control system would
limit emissions of polonium-210 to less than 2 Ci/yr.
33. What is meant by the "size and dimensions" of a phosphogypsum
stack (Subpart R, §61.203(b) (2))?
Answer: Since radon monitoring of phosphogypsum stacks is to be conducted by
type of region (beaches, loose and dry top surface areas, hard-packed
roadways, end sides), enough information should be included so that the area
of each of these regions, and the total area of the stack, including water-
covered regions, can be determined.
34. Subpart R, the NESHAP limiting radon emissions from inactive
phosphogypsum stacks, states that an owner or operator must notify
the EPA within 45 days if he begins to use an inactive stack for further
phosphogypsum disposal or for water management. Is this
reuse a modification for which EPA approval is required, or is
the notification of activity sufficient?
Answer: The concept of modification as defined in 40 CFR 61.15 does not apply
in the case of phosphogypsum stacks. Providing the EPA with notice of
activity is sufficient.
35. Are phosphogypsum supplies held by farmers and farm supply facilities
subject to the NESHAP?
Answer: The Subpart R prohibition on using phosphogypsum for agricultural
purposes has been waived for the 1991 growing season. Under the partial
reconsideration granted for Subpart R, this and other issues relating to
alternative uses of phosphogypsum are being addressed and should be resolved
by October 1, 1991.
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36. One phosphogypsum stack in Region V was created as a result of detergent
production rather than fertilizer production. Is
this stack subject to Subpart R?
Answer: The partial reconsideration of Subpart R (55 FR 13480, September 10,
1990) is addressing this discrepancy in the applicability of Subpart R to
certain phosphogypsum stacks.
37. What criteria will EPA use when evaluating compliance waiver
requests for uranium mills subject to Subpart W?
Answer: Compliance waivers for operating mills should be granted only when
there is substantial evidence that the waiver is needed to allow the
construction of a new impoundment, and if the source meets all requirements of
Section 112 of the Clean Air Act and 40 CFR 61.10(b). Waivers should be
issued with the explicit condition that withdrawal of the licensing request
for the replacement impoundment terminates the waiver.
38. How should facilities that have completed reclamation of a
tailings pile comply with the monitoring requirements?
Answer: Subpart T allows owners or operators to request that the EPA approve
an alternative monitoring procedure. Since it is not the EPA's intention to
have facilities with reclaimed tailings piles disturb the erosion control
system, one alternative is for the facility to submit its cover design
calculations for review. If that review indicates that the flux standard will
be met, the pile should be judged in compliance and no on-pile monitoring
should be required.
39. Where can a facility subject to Subparts Q, R, T, or W obtain the large
area radon collectors required by Method 115?
Answer: Large area canisters are commercially available from Scientific
Analysis Inc., P.O. Box 3112, Montgomery, AL 36109. In addition, they can be
constructed by the facility, following the description in EPA 520/5-85-029.
EPA Headquarters is evaluating the possibility of approving alternative radon
flux measurement devices.
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7. SUGGESTED LETTER FORMATS
This section contains sample letters that can be adapted to notify
facilities about NESHAP activities that may affect them, respond to their
inquiries, and transmit approvals or denials in response to applications.
They are based on letters produced by several different EPA Regional Offices.
They are quite general in nature and should be adapted to suit the particular
topic discussed and the type of licensee to which they are addressed.
Origination and other codes should follow the standard format for each region.
7.1 APPLICATION FOR MODIFICATION NOT REQUIRED
(Address Block)
Subject: NESHAP Applicability to Changes in (system) at the (facility name)
Dear :
As requested in your letter of (date), we have reviewed the information
describing the proposed change in order to determine whether or not it
constitutes a modification as defined in 40 CFR 61.15. Based upon our
review, we do not consider this change (brief description) to be a
modification. The basis for our determination is that this change is a
(pollution control system modification, etc.) that should reduce radionuclide
air emissions rather than increase them. Therefore, if emissions will not
increase as a result of this change, the change will not be a modification
under the NESHAP.
If you have any questions about the applicability information provided in this
letter, please contact (name) of my staff at (telephone).
Sincerely yours,
(Signature Block)
cc:
7.2 CONTENT OF AN APPLICATION FOR APPROVAL OF CONSTRUCTION OR
MODIFICATION
(Address Block)
Subject: Application for Approval of Construction or Modification
Dear :
Thank you for your (letter, phone call) to the United States Environmental
Protection Agency (U.S. EPA) regarding (construction, modification) of the
(source) at (facility). As you may know, (facility) is subject to the
Radionuclides NESHAP published at 40 CFR 61 Subpart (--).
The general NESHAP provisions of 40 CFR 61.07 require an owner or operator to
submit an application for approval of the construction of any new source or
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modification of an existing source to the EPA. This application must be
submitted before the construction or modification is planned to commence.
"Construction" means "fabrication, erection or installation of an affected
facility" (40 CFR 61.02). "Modification" means "any physical or operational
change to a stationary source which results in en increase in the rate of
emission to the atmosphere of radionuclides" (40 CFR 61.15). (Note: For
Subparts H and I, the definition of "construction" covers a new structure
at an existing facility. For these subparts, a
"facility" is defined as a "all buildings, structures, and
operations on one contiguous site.")
In your (letter, phone call), you asked what information should be included in
an application to construct or modify your facility. General requirements are
listed at 40 CFR 61.07, and the enclosure to this letter describes these items
more completely. (Note: Facilities subject to Subpart H do not have
to apply for approval if the emissions from the new construction
or modification would result in an effective dose equivalent of
less than 1 percent of the standard, if their last annual report
shows that the facility is in compliance; facilities subject to
Subpart I do not have to apply for approval if the emissions from
the new construction or modification would result in an effective
dose equivalent of less than 1 percent of the standard, or
emissions from the entire modification) facility (including the construction or
modification) would result in an effective dose equivalent of less
than 10 percent of the standard, if their last annual report shows that the
facility is in compliance.) The U.S. EPA may request
additional information if, during its review of the application, it determines
that such information is necessary to complete its evaluation.
An application for approval to construct or modify should be sent to : (name,
address).
If you have any questions about this letter, contact (name) at (telephone).
Sincerely yours,
(Signature Block)
Enclosure: Content of an Application for Approval of Construction or
Modification
cc:
Content of an Application for Approval of
Construction or Modification
I Name and Address of the Owner or Operator
Provide the address of the facility where the radionuclides may be
released as well as the address of the owner or operator, if they are
not the same.
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II
Location of the Source
Provide: (1) plant layout on a topographic map showing boundaries; (2)
location of the proposed construction or modification: (3) location of
other existing sources (including those not constructed or modified that
have received approval to construct or modify, and those that were
exempt from obtaining approval); (4) topographic characteristics of the
area; (5) location of National Weather Service or on-site/local points
for meteorological observations; (6) latitude and longitude (within
1 minute) of center of site; and (7) location of the
nearest unrestricted area where an individual resides or
abides.
III Identification of Radionuclides
Identify the type of radionuclides emitted by the new construction or
modification and the annual quantity projected to be released in curies
per year (Ci/y) under normal operating conditions. Evaluate the
potential for release under abnormal circumstances that can be
reasonably foreseen. Also, provide information such as: (1) the number
and location of emission points; (2) the identity and activity of
radionuclides released from each point; (3) the monitoring program for
measuring these emissions; (4) stack heights and diameters; and (5)
stack exit velocities and temperatures. Provide any other relevant
information that may be used to determine dose to the nearest receptor
from radionuclides released by the proposed construction or
modification.
IV Process Characterization
Provide a brief description of the nature, size, design, and method of
operation of the new construction or modification, including the design
operating capacity. Provide a process flow diagram with operating
rates, operating schedule, and projected releases during normal
operations. Estimate releases from abnormal operations under reasonably
foreseeable circumstances. If the feed material can vary in
radionuclide content, describe the measures that will be taken to verify
the composition of the feed materials.
V Estimate Dose
Estimate the annual effective dose equivalent to any member of the
public at the offsite point of maximum annual air concentration where
there is a residence, school, or office. The effective dose equivalent
should be calculated using the computer models (AIRDOS-EPA, RADRISK
[CAP-88 version], COMPLY, COMPLY-R). A copy of the computer output
showing all input parameters used end the annual effective dose
equivalent (in all 16 compass directions, at (--) distances [output
shown depends upon computer model used]) should be included. Include
dose estimates by exposure pathway, if the computer printout shows them.
If the dose is caused by a mixture of radionuclides, provide estimates
of the dose contributed by each individual nuclide.
Estimate the dose from the proposed construction or modification alone
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as well as the dose from the entire facility including the
construction or modification.
VI Abnormal Circumstances Analysis
List the possible abnormal circumstances that can be reasonably
foreseen to occur as a result of operation of the equipment involved in
the new construction or modification (e.g., [insert appropriate
example]), the relative likelihood of each such circumstance, and an
estimate of the effective dose equivalent (based on the most appropriate
method for the circumstance) associated with the circumstance that
results in the maximum estimated dose, and an explanation of the
methodology used to conduct the analysis.
VII Control Equipment
Describe the existing control equipment for each emission point.
Describe both primary and secondary control device(s) for radionuclide
emissions. Estimate control efficiency (percent) for each control
device and provide a basis for these estimates.
7.3 INITIAL RESPONSE TO REQUEST FOR [VARIOUS SUBJECTS]
Note: This type of letter might be used for requests that require
review by the EPA. Some examples are an extension of time to
provide information; determine whether a response is needed;
waiver of compliance; waiver of emission testing; approval of
alternative methods or models; end use of an alternative emission
standard. Extension of time is used as an example here.
(Address Block)
Subject: Extension of Time
Dear :
The U.S. Environmental Protection Agency has received your request for an
extension of time for (period of time) beyond (agency action that triggered
request for extension). We have begun our review of the material you
submitted.
You will be contacted if we have any questions about your submission or when
our review is complete.
Sincerely,
(Signature Block)
cc:
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7.4 NOTICE TO ANOTHER FEDERAL AGENCY OF NESHAP APPLICABILITY; REVIEW AND
COMMENT
(Address Block)
Subject: Applicability of Radionuclides NESHAPS to Proposed Action
Dear :
The (date) Federal Register that the (agency) is considering
authorizing the (action). As described, this facility would be subject to the
regulations of Title 40 of the Code of Federal Regulations, Part 61, Subpart
(--) (Radionuclides NESHAPs). The operator of that facility may submit to the
appropriate EPA Regional Office an application for a determination as to
whether the (action) is considered a (construction, modification) of a source.
Such (construction, modification) would require application to and approval by
the EPA before commencing (construction, modification). A copy of the current
NESHAP is enclosed.
Any Environmental Assessment (EA) performed by the (agency) should address the
NESHAP' regulations and perform the analyses described in those regulations
before reaching a "Finding of No Significant Impact" (FONSI) . Until the EPA
has had the opportunity to review such EAs, we would be unable to determine
whether the issuance of a FONSI is warranted.
EPA Region (--) would appreciate the opportunity to review such EAs and, as
appropriate, to provide comments to (agency) . Please provide the EPA's Office
of (--) with the EA for this project and all such future projects.
Any comments that the EPA provides on the adequacy of the EA would be
submitted pursuant to Section 309 of the Clean Air Act, the National
Environmental Policy Act (NEPA), and the Council on Environmental Quality's
Regulations for implementing NEPA (40 CFR 1500-1508) .
If you have any questions, please contact (name) of our staff at (telephone)
about NESHAP requirements or (name) at (telephone) regarding EPA's role in the
NEPA process.
Sincerely,
(Signature Block)
Enclosure
7.5 NOTICE OF NESHAPS APPLICABILITY
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
(Address Block)
Subject: Applicability of Radionuclides NESHAPs
Dear :
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The United States Environmental Protection Agency (EPA) promulgated
radionuclide air emission standards under Section 112 of the Clean Air Act on
(date). Subpart (--) of 40 CFR Part 61 applies to (source category). This
letter is to notify you that your facility may be subject to this standard.
Please fill out and return the enclosed response form so that the EPA will have
a record that your facility was notified.
A copy of the regulation and a summary are enclosed for your information,
along with a copy of Subpart A, which contains the general provisions of 40
CFR Part 61. If your facility is subject to the standard, it must comply with
both the general provisions that have not been superseded by the Subpart and
the specific provisions of Subpart (--).
Please be aware that these provisions are effective (date), including,
according to the relevant Subpart, emissions monitoring requirements or
emissions testing requirements, unless a compliance waiver has been obtained
under 40 CFR 61.11 or 61.13, or alternative procedures have been approved by
the EPA under the relevant subpart and 40 CFR 61.13 and 61.14. (Note:
select the comments appropriate to the Subpart being discussed:
Facilities subject to Subpart (B, H, W) are required to monitor their
emissions to determine an effective dose equivalent. Facilities subject to
Subpart I may either monitor or estimate their emissions to determine an
effective dose equivalent. Owners or operators of facilities subject to
Subpart (K, R, T) are required to conduct an initial emissions test. New
sources that started up prior to (effective date), and existing sources, must
conduct the initial emissions test by (90 days after effective date). New
sources that started up after (effective date) must conduct the initial
emissions test within 90 days of startup. Sources subject to Subpart (K must
report the test results to the EPA within 60 days of the test; R, T must
report the test results to the EPA within 90 days of the test. For facilities
subject to Subpart Q, requirements for testing or monitoring to demonstrate
compliance with the standard will be part of a Federal Facilities Agreement
negotiated between the EPA and DOE.)
If you do not own or operate any of the affected facilities described in the
regulations, please notify our office in writing. If you have any questions
about procedures or the regulations, please contact (name) at (telephone).
Please address all letters, initial reports, waiver requests, and like
correspondence to this office to the attention of (name) .
Sincerely,
(Signature Block)
Enclosures (2)
cc:
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7.6 APPROVAL OF CONSTRUCTION/MODIFICATION
[First Page Reads as Follows]
(Source Designation Number and Name)
Approval to Construct/Modify
In compliance with provisions of the Clean Air Act, ,as amended (42 U.S.C. §
7401 et sea.), the (facility name) is granted approval to construct/modify
source (designation, name), located at (facility name and location). This
approval is granted in accordance with the plans and materials submitted with
the applications and with Federal regulations governing the National Emission
Standards for Hazardous Air Pollutants, 40 CFR Part 61, Subpart (--) . Any
conditions attached to this document are considered part of this approval.
Failure to comply with any conditions or terms set forth in this approval may
result in sanctions available under the authority of Section 1-604 of
Executive Order 12088, as well as enforcement procedures established
by the Clean Air Act.
This approval to construct/modify grants no relief from the responsibility for
compliance with other applicable provisions of Federal regulations. This
approval shall be effective immediately upon receipt by the applicant.
Dated
Regional Administrator
[Attached Sheets Include Terms and Conditions. These may cover:
o Emergency notification
o Approval expiration, transferability, amendment
o Adherence to construction/modification application information
o Provision of testing facilities
o Emissions testing
o Monitoring requirements
o Notification of startup
o Facility operation/maintenance conditions
o Severability
o Other applicable regulations
o Agency correspondence]
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APPENDIX A
GUIDANCE ON APPROVAL OF ENVIRONMENTAL MONITORING PROGRAMS
TO DEMONSTRATE COMPLIANCE WITH THE DOE NESHAP
Paragraph (b) (5) of 40 CFR 61.93 states that the use of environmental
measurements at critical receptor locations to demonstrate compliance with the
standard is subject to prior approval of the EPA (EPA89.a). Applications for
approval must:
1) include a detailed description of the sampling and analytical
methodology, and
2) show how the following criteria will be met:
i) Measurements shall be made at the location of the critical
receptor.
ii) The air at the point of measurement shall be continuously
sampled for collection of radionuclides.
iii) The radionuclides released from the facility that are the
major contributors to the effective dose equivalent must be
collected and measured.
iv) Radionuclide concentrations that would cause an effective dose
equivalent greater than or equal to 10 percent of the standard
shall be readily detectable and distinguishable from
background.
v) A quality assurance program shall be conducted that meets the
requirements described in Appendix B, Method 114.
1. SAMPLING AND ANALYTICAL METHODOLOGY
The stack monitoring and sample collection methods described in Method
114, Section 2, Section 3, and the radionuclide analysis methods listed in
Method 114, can, in general, be applied to environmental measurement of
airborne radionuclides. If the method provided in the application does not
conform to Method 114, the method should be submitted to Headquarters, Office
of Radiation Programs, for further review and a decision on its applicability.
Table 1 lists the half-lives and modes of decay of the principal
radionuclides released at DOE facilities and identifies the physical state of
each. Consideration of these physical parameters is necessary to establish
whether environmental monitoring for determining compliance will be feasible.
1.1 RADIONUCLIDES AS PARTICULATES
The radionuclides of greatest concern at many DOE facilities, often
uranium-234 and/or uranium-238, are in particulate form (see Table 2). To
sample for particulates, air is pulled through a high-efficiency particulate
filter using a calibrated high-volume air sampler. The sampling rates (volume
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Radionuclide Half-Life Decay Mode
Particulates
U-234
2.4 E+5 yr
Alpha
U-235
7.1 E+8 yr
Alpha
U-238
4.5 E+9 yr
Alpha
Pu-238
8.8 E+l yr
Alpha
Pu-239
2.4 E+4 yr
Alpha
Am-241
4.3 E+2 yr
Alpha
K-40
1.3 E+9 yr
Beta, Gamma
Co-60
5.3 E+0 yr
Beta, Gamma
Sr-90
2.9 e+l yr
Beta
Sb-125
2.7 E+0 yr
Beta, Gamma
Pb-212
1.1 E+l hr
Beta, Gamma
Gases
H-3 (H2)
1.2 E+l yr
Beta
C-ll
2.0 E+l min
Positron
N-13
1.0 e+l min
Positron
C14 (C02)
5.7 E+3 yr
Beta
0-15
1.2 E+2 sec
Positron
Ar-41
1.8 E+0 hr
Beta, Gamma
Kr-88
2.8 E+0 hr
Beta, Gamma
Xe-133
5.3 E+0 day
Beta, Gamma
Liquids
H-3 (H20)
1.2 E+l yr
Beta
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Table 2. The Primary Radionuclides at the 27 DOE Facilities
-------
Facility
Table 2. (Continued)
Percent Maximum Organ
Radionuclides Contribution
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of air per unit of time) should be recorded daily, and the total volume of air
sampled based on the average of the recorded flow rates. The decrease in flow
rate during a sampling period, up to one week, should not exceed 40 percent.
For radionuclide analyses, at least halves,the air filter should be equally
split into at least halves, and each analyzed separately: 1) as a duplicate
analysis; 2) as a cross-check analysis for the QA program; or 3) to be retained
in case a re-analysis or additional analyses are required later. The volume of
air sampled can be assumed to be proportional to the mass of the filter fraction.
Also, combining filters for analysis, each representing a specific sampling
period (e.g., weekly), into a monthly composite sample can be an acceptable
approach to measuring long-lived radionuclides.
1.2 RADIONUCLIDES AS GASES
Tritium, as water vapor, can be collected in the environment by the methods
described in Section 2.2.1 of Method 114. TO measure total tritium in
the environmental air sample (tritiated water vapor plus elemental tritium, H2) ,
the sampling system requires an oxidizing bed to convert any elemental
tritium into water followed by a zeolite bed, for example, to absorb the
tritiated water that was initially present in the air and that formed from the
oxidation of H2 in the sampling system. Because elemental tritium may remain
as H2 for extended periods of time in the atmosphere, the applicant should:
1) measure both chemical forms of tritium in the environment; or
2) increase the measured environmental tritiated water vapor
concentration by the activity ratio (total tritium/tritiated water
vapor), measured at the point of release; or
3) show that concentrations of elemental tritium are insignificant at
the environmental sampling location relative to the tritium present
as water vapor.
The carbon-14 in environmental airborne samples can be considered to be
in the form of carbon dioxide (C02) and sampled as carbon dioxide as described
in Method 114, Section 2.2.4.
Applying cryogenic techniques to sample radioactive noble gases will be
impractical at most locations in the environment and away from the plant.
Therefore, a sampler that collects a controlled volume of air at specific time
intervals will be acceptable and considered a continuous sample for the
purpose of the standard. Cryogenic techniques, with liquid scintillation
counting, can be used in the laboratory to separate and measure the
radioactive noble gases collected in the field, as described in Method 114.
It will not be practical, nor possible at most facilities, to collect
and measure the short-lived gaseous radionuclides in the environment. These
radionuclides are primarily oxygen-15, carbon-11, and nitrogen-13 (see
Table 1) . Although the half-lives of the noble gases argon-41 and krypton-88 are
much longer (2-3 hours), their measurement in the environment on a
continuous basis will also be impractical. As the sample collects, the
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radionuclide rapidly decays, and in a short time an equilibrium is established
when the collection is equal to the decay rate. Thus, there is a limit to the
quantity of radioactivity collected, and also considering the decay that will
occur during dispersion from the source to the receptor, obtaining adequate
sensitivity will be extremely difficult. For this reason, demonstrating
compliance by measuring the following short-lived radionuclides in the
environment should not be an option:
Radionuclide Half-life
oxygen-15 120 seconds
nitrogen-13 10 minutes
carbon-11 20 minutes
argon-41 1.8 hours
krypton-88 2.8 hours
Except possibly for the Los Alamos facility, the radiation exposures to
the maximum exposed individuals contributed by these short-lived gaseous
radionuclides are not significant compared to the 10 mrem/yr limit.
2. CRITERIA FOR ENVIRONMENTAL MONITORING PROGRAMS
2.1 MEASUREMENTS SHALL BE MADE AT CRITICAL RECEPTOR LOCATIONS - HOW SHOULD
THESE LOCATIONS BE DETERMINED?
For facilities with continuous emissions, the critical receptor
locations may be either:
(a) the location of the highest chi/Q on the facility perimeter fence
line; or
(b) the location of the highest off-site chi/Q where a residence exists.
In case b) , the sampling location may be placed at any site between the
highest off-site chi/Q and the fence line if this would make sampling easier,
more convenient, and less restrictive.
Any acceptable dispersion model (AIRDOS, COMPLY, etc.) may be used to
determine the highest chi/Q location(s). If the highest chi/Q location is
represented by several sites with similar values, measurements should be
required at all such sites until the location with maximum chi/Q can be
definitely identified (one year minimum sampling). Sampling will then be
required at only the maximum chi/Q site. The same procedure should be
followed when fence-line measurements are used (case (a) above) and the
highest concentrations are computed to be similar within 2 or more of the 16
sectors.
For facilities with intermittent or variable emissions, many locations
around the facility (at least one within each of the 16 sectors) should be
monitored.
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2.2 THE AIR AT THE POINT OF MEASUREMENT SHALL BE CONTINUOUSLY SAMPLED FOR
COLLECTION OF RADIONUCLIDES - WHAT REPRESENTS CONTINUOUS SAMPLING?
The requirements for continuous sampling will be considered satisfied
when an 80 percent QA completeness requirement is met. That is, the time the
sampler is not in satisfactory operation due to malfunctions, filter or sample
changes, maintenance, calibration, etc., cannot exceed 20 percent of the
sampling period. If a facility fails periodically to satisfy this
requirement, a backup sampler must be in place at all times and operated on a
schedule that ensures that a sample is collected during at least 80 percent of
the sampling period. The collection of radioactive noble gases is an
exception to this requirement (see Section 1.2).
2.3 THE RADIONUCLIDES RELEASED FROM THE FACILITY THAT ARE THE MAJOR
CONTRIBUTORS TO THE EFFECTIVE DOSE EQUIVALENT MUST BE COLLECTED AND
MEASURED - WHAT RADIONUCLIDES DOES THIS INCLUDE?
The radionuclides that contribute significantly to the effective dose
equivalent at DOE facilities are listed in Table 2. There are only 11
particulate and 7 gaseous radionuclides and tritium, which can exist as both
a gas (H2) and a liquid (H20) . All of the listed particulate radionuclides and
tritium, both as a gas and as a liquid, can be collected and measured in the
environment. Of all the other gases listed, only xenon-133 has a half-life
sufficiently long to permit it to be collected in the environment and measured
(see Section 1.2).
2.4 RADIONUCLIDE CONCENTRATIONS THAT WOULD CAUSE AN EFFECTIVE DOSE
EQUIVALENT OF 1 MREM/YR SHALL BE READILY DETECTABLE AND
DISTINGUISHABLE FROM BACKGROUND
2.4.1 Radionuclide Concentrations That Would Cause an Effective Dose
Equivalent of 1 mrem/yr Shall Be Readily Detectable - How Should This
Be Determined?
Environmental monitoring programs shall be judged to meet this criterion
if the "lower limit of detection" (LLD) of the sampling and analysis methods
is 10 percent or less of the Concentration Levels for Environmental Compliance
listed in Table 2, Appendix E of 40 CFR part 61. The LLD is the smallest
concentration of a radionuclide that has a 95 percent probability of being
detected (i.e., the true activity value is greater than zero). The LLD is
calculated as follows:
LLD (Ci/m3) =
2 .2x1012E.V.Y. e~XAt
where
Sb = standard deviation of the background or blank count rate (cpm);
E = counting efficiency (cpm/dpm);
V = sample volume (m3) ;
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Y = radiochemical yield, if applicable (unitless);
= radioactive decay constant (time-1) ;
t = time elapsed between midpoint of sample collection and time of
counting (time); and
2.2 x 1012 = dpm/curie
The value of Sb should be the standard deviation of a series of blank
measurements made on the sample collection media (e.g., an air-particulate
filter) carried through the complete analysis procedure.
If the application for approval does not list an LLD for the sampling and
analysis methods, nor a description of the computation used for its
determination, the applicant should be requested to provide this information.
In some cases, the applicant may not supply the detection limits for the
proposed monitoring program using the above calculational method but may
provide the information necessary to perform the computation. If this occurs,
the reviewer may calculate the LLD using the information provided.
Some applicants may express their detection limits as a "minimum
detectable activity" (MDA). Calculating an MDA requires determination of the
standard deviation of the background count rate (Sb) . This value can be used
in the above equation for the LLD to compute the MDA.
Table 3 lists the required sensitivities and examples of actual
procedural sensitivities for the principal radionuclides released to the
atmosphere at DOE facilities. The required sensitivities are one-tenth the
concentrations listed in 40 CFR 61, Appendix E, Table 2. The procedural
sensitivities are based primarily on the airborne radionuclide measurement
program conducted at the EPA's National Air and Radiation Environmental
Laboratory (NAREL), formerly the Eastern Environmental Radiation Facility
(EERF) (Br83) . Information in Table 3 indicates that the sensitivities for
measuring all particulate radionuclides, tritium, and carbon-14 are quite
adequate to satisfy the requirements of the rule. On the other hand, the
sensitivities associated with argon-41 and, very likely, krypton-88, are not
low enough to satisfy the sensitivities required by the rule, particularly when
the short half-lives of these radionuclides are considered (see
Section 1.2).
2.4.2 Radionuclide Concentrations That Would Cause an Effective Dose
Equivalent of 1 mrem/vr Shall Be Readily Distinguishable From
Background - How Should This Be Determined?
The background concentrations of radionuclides in air are sufficiently low
that nearly all radionuclides of interest at DOE facilities can be readily
distinguished from background levels at concentrations that would cause an
effective dose equivalent of 1 mrem/yr (see Table 3). However, there are two
notable exceptions - radon-222 and external gamma-ray dose rates:
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Table 3. Examples of Backgrounds and Sensitivities of Some Principal
Airborne Radionuclides Released from DOE Facilities
Required Representative Example
Radionuclide Sensitivitv(1) Background Sensitivity
Concentration (aCi /m3)
U-234
770
25 <2)
13 <3
U-238
830
2 5 <2)
13 <3
Pu-238
210
4 (2)
13 <3
Pu-239
200
4 (2)
13 <3
Am-241
190
4
13 <3
Concentration (pCi /m3)
Ar-41
170
0
600
Kr-85
100,000
40 <5)
ND
Kr-88
50
0
ND
C-14
nl<7)
1.3 <8)
1 .1
H-3
150
1.1<9)
1.1
(4)
(6)
(1) These sensitivities are 1/10 the concentrations listed in 40 CFR 61,
Appendix E, Table 2.
(2) Average of January - December 1986 airborne measurements in 63 U.S.
cities (EERF87a. b).
(3) Based on a weekly sample, average collection rate of 26 cfm, analysis
of 1/2 filter, and a measurement sensitivity of 0.05 pCi/sample.
(4) Estimated from an EPA report on airborne radionuclides at the Savannah
River Plant (B184).
(5) Average concentration measured in air at 12 U.S. cities in 1983,
Environmental Radiation Data (ERD) files, Eastern Environmental
Radiation Facility, EPA.
(6) ND - Not Determined.
(7) NL - Not Listed.
(8) Concentration taken from pp. 61-62 of NCRP85 and ORP73. This
concentration relates to 7.5 pCi/g carbon.
(9) This estimate assumes 30 percent humidity at 20 C and a background
<200 pCi/L of water vapor.
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1) radon-222 concentrations in air that cause an effective dose
equivalent to the lung of 1 mrem/yr cannot be distinguished from a
background concentration of 0.2 pCi/1: and
2) submersion dose rates of 1 mrem/yr caused by radionuclide
concentrations in air cannot be distinguished from background
gammaray dose rates.
Therefore, applications for approval of environmental monitoring programs
involving measurements of radon-222 or gamma-ray dose rates should be rejected.
Background levels are defined as general ambient radionuclide
concentrations that are not related to an emission source. In some cases,
sources other than the facility of interest may contribute to the radionuclide
concentrations at the critical receptor location. Uranium mining and milling
regions, where numerous sources of emissions exist in the same area, are an
example of multiple sources contributing to the measured environmental
concentration at a receptor location. However, this situation can exist
wherever several different facilities releasing similar contaminants are in the
same area. In these cases, it is extremely difficult, if not impossible,
to distinguish the contributions of the various sources to the radionuclide
concentrations at the receptor locations. Similarly, when the radionuclide
being monitored also occurs in nature (e.g., potassium-40 at Battelle Memorial
Institute in Ohio), the contribution to airborne concentrations from natural
sources during high-wind conditions could not be distinguished from the amount
of the radionuclide released from the facility. Therefore, because of these
uncertainties, no correction (subtraction) of concentrations resulting from
other sources to the concentration measured at the receptor location should be
allowed (i.e., the total measured radionuclide concentration shall be used to
determine compliance). Monitoring programs that include subtraction of
concentrations from other emission sources should not be approved; rather, the
total airborne radionuclide concentration measured should be compared to the
concentration levels for environmental compliance in Table 2, Appendix E of 40
CFR 61, to determine compliance.
2.5 A QUALITY ASSURANCE PROGRAM SHALL BE CONDUCTED THAT MEETS THE
PERFORMANCE REQUIREMENTS DESCRIBED IN APPENDIX B, METHOD 114, 40 CFR 61
- HOW IS THE VALIDITY OF A QA PROGRAM EVALUATED?
The application should include a statement that the applicant is
conducting or is in the process of developing a quality assurance (QA) program
in general conformance with the requirements of Method 114. Specifically, the
applicant should provide the information required by Sections 4.4 and 4.5 of
Method 114, including the following:
1) the requirements for precision, accuracy, and completeness of the
environmental measurements; and
2) the number of replicates, spiked samples, split samples, and blank
samples to be analyzed.
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Applications that do not indicate or state that the applicant is
conducting a QA program that generally conforms to the requirements of Method
114 should not be approved. Considerable flexibility should be allowed in
judging whether a QA program is in conformance with Method 114. Quality
assurance programs that meet the general intent of Method 114 should be judged
to be in conformance.
If information required by Sections 4.4 and 4.5 of Method 114 is not
submitted with the application, the applicant should be informed that this
information must be provided. In reviewing these requirements, the
following guidelines should be used:
1) the accuracy and precision of the measurements should be within 20
percent at the concentrations levels listed in Table 2 of
Appendix E;
2) completeness should be at least 80 percent, that is, 80 percent of
the samples collected should provide valid data; and
3) 20 percent of the samples analyzed should be replicates, blank,
split, or spiked samples. Usually 10 percent are duplicate or
split samples, 5 percent are blank samples, and 5 percent are
spiked samples.
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3. REFERENCES
B184 Blanchard, R.L., Broadway, J.A., and Sensintaffar, E.L., "An Airborne
Radioactive Effluent Study at the Savannah River Plant,"
U.S. Environmental Protection Agency Report, EPA 520/5-84-012, June,
1984 .
Br83 Broadway, J.A., and Mardis, M., "Analytical Capability of the
Environmental Radiation Ambient Monitoring System," U.S.
Environmental Protection Agency Report, EPA 520/5-83-024, September
1983.
EERF87a Eastern Environmental Radiation Facility, "Environmental Radiation
Data: Report 47," U.S. Environmental Protection Agency Report, EPA
520/5-87-006, June 1987.
EERF87b Eastern Environmental Radiation Facility, "Environmental Radiation
Data: Report 48," U.S. Environmental Protection Agency Report, EPA
520/5-87-017, June 1987.
EPA89a U.S. Environmental Protection Agency, "National Emission Standards
for Hazardous Air Pollutants; Radionuclides: Final Rule and Notice
of Reconsideration," 40 CFR Part 61, December 15, 1989.
EPA8 9b U.S. Environmental Protection Agency, "Background Information Document
- Volume 2, NESHAPS for Radionuclides," U.S. Environmental
Protection Agency Report, EPA 520/1-89-006-2, September 1989.
NCRP85 National Council on Radiation Protection and Measurements,
14 in the Environment," NCRP Report No. 81, May 15,1985
1 Carbon-
ORP73 Office of Radiation Programs, U.S. Environmental Protection Agency,
"Carbon-14 in Total Diet and Milk, 1972-1973," Radiation Health Data
Reports _14, 679, November 1973.
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