December 14, 2007

U.S. Environmental Protection Agency

1200 Pennsylvania Ave. NW

Washington, DC 20460

**Subject:** Oil Pollution Prevention; Spill Prevention, Control, and
Countermeasure Rule Requirements --- Amendments (Docket ID No.
EPA-HQ-OPA-2007-0584) Rulemaking

To Whom It May Concern:

The Nuclear Energy Institute (NEI)[^1] appreciates the opportunity to
provide comments on behalf of the nuclear energy industry on the "Oil
Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule
Requirements --- Amendments" (Docket ID No. EPA-HQ-OPA-2007-0584)
rulemaking.

NEI has coordinated with the Edison Electric Institute Utility Solid
Waste Activities (USWAG) in a survey of the nuclear utilities assessing
the historical performance of the Emergency Diesel Generator (EDG)
Underground Storage tankage relative to the substance of this
rulemaking. The results of this survey indicate excellent performance.
This tankage is subject to the rules and regulatory requirements of the
Nuclear Regulatory Commission. It is our understanding that the details
of these regulatory requirements are being provided to the Environmental
Protection Agency by USWAG in their comments. We are also aware that the
NRC has provided this information during interagency reviews of the
proposed rulemaking. NEI endorses the comments USWAG will be submitting
on EPA's proposed exemption for nuclear facility emergency diesel
generator tanks regulated by the NRC.

NEI supports the exemptions as proposed by EPA in the preamble of the
rule for Emergency Diesel Generator Underground Storage tankage. To do
otherwise would result in an unnecessary system of dual regulation of
the subject tankage. The NRC rules and regulatory requirements have
resulted in excellent industry performance for the Emergency Diesel
Generator Underground Storage tanks.

The reference to Title 10 Code of Federal Regulations (CFR) Part 50,
Appendices A and B, as a basis for the proposed exemption represents an
unduly narrow reference to applicable regulatory requirements of the
NRC. The comprehensive system of NRC regulatory requirements governing
the design, construction, and operation of nuclear generating facilities
is more generally applicable to this situation. In fact, most new
nuclear power plants will be licensed under 10 CFR 52.

Recent communication with USWAG has identified the treatment of vaulted
underground storage tanks as an issue that should be clarified in the
rulemaking. NEI supports treatment of the vaulted underground storage
tanks that may not be accessible for performance of physical inspection
as underground storage tanks. This would be consistent with EPA's
position in the Underground Storage Program (53 FR 37082, 3712
(September 23, 1988)).

In summary, NEI supports the position proposed in the preamble of the
EPA rules that would recognize the effectiveness of existing NRC
regulation and exempt nuclear power plant EDG tankage under the proposed
EPA rules, thereby avoiding unnecessary dual regulation.

If you have any questions regarding our comments, please do not hesitate
to contact me by phone at 202.739.8111 or by email at <rla@nei.org>. You
may also contact George Oliver by phone at 202-739-8016 or by email at
<gxo@nei.org>.

Sincerely,

![](media/image1.png){width="1.75in" height="0.4895833333333333in"}

Ralph L. Andersen

[^1]: The Nuclear Energy Institute is the organization responsible for
    establishing unified nuclear industry policy on matters affecting
    the nuclear energy industry, including the regulatory aspects of
    generic operational and technical issues. NEI's members include all
    utilities licensed to operate commercial nuclear power plants in the
    United States, nuclear plant designers, major architect/engineering
    firms, fuel fabrication facilities, materials licensees, and other
    organizations and individuals involved in the nuclear energy
    industry.