EPA Update:

NESHAP Subpart W Activitie

Reid J. RosnickEnvironmental Protection Agency Radiation Protection Division (6608J)Washington, DC 20460

Meeting with NMA – 29 October 2009
Overview

• Status of Subpart W Review Activities• Status of Settlement Agreement• Communications Plan• Outreach
Status of Subpart W Review Activit

• Per Clean Air Act Amendments of 1990, EPA 

obligated to review, and possibly revise Subp

• A workgroup has been established

• Members from across the Agency• Represent ORIA, OGC, ORD, OSWER, O

OPEI, OW, Regions 6, 7, 8 and 10

• Workplan, Communications Plan, Analytic 

Blueprint have been completed, basically, are we going to approach the task
Status of Subpart W Review Activit

• We are conducting historical research on the 

assessment work originally done in support o1989 standard

• We have begun a survey of existing technolo• Office of Enforcement and Compliance Assu

has sent information request letters to numeruranium recovery facilities

• We have also requested that ISL facilities pro

radon flux data from their evaporation ponds 
Status of Subpart W Review Activit

• EPA thanks those participating facilities• Data being received from ISL facilities• Waiting for all results from the 90 day monito

period, including background data

• Analyses will begin after all data received, in

looking for deposition trends
Status of Subpart W Review Activit

• We are researching if Method 115 continues 

current, or whether other methods could be employed for monitoring and analysis of rado

• We are planning to work with all stakeholders 

reviewing/revising the standards

• The Agency continues to believe that conven

tailings piles, certain evaporation ponds from operations, and heap leach piles, are subject requirements of Subpart W

• We base our decision on a review of existing 

regulatory language
Status of Settlement Agreement

• Agreement tentatively reached with Colorado 

Citizens Against Toxic Waste (CCAT) and WEarth Guardians

• EPA failure to review/revise Subpart W within 

limits specified in Clean Air Act Amendments

• Agreement reached, EPA requested comme

FR 45851), 4 September 2009

• Terms predominantly communication/outreac

nature

• Comments received, being reviewed by Offic

General Council
Communications Plan

• EPA is committed to maintaining an open an

transparent rulemaking process

• Objectives:

• Inform stakeholders of potential changes in EPA’s 

W requirements 

• Give stakeholders an opportunity to provide feedb

• Audiences:

• Mining companies/NMA• Offices/Regions within EPA• States• Other Federal Agencies: NRC, DOE, BLM, others• Tribes
Communications Plan

• Strategies:

• Develop clear, compelling messages and material

explain the potential amendments to Subpart W 

• Educate stakeholders by using communications to

provide easy-access to information 

• Work with stakeholder representatives and EPA re

staff to identify additional audiences and methods dissemination 

• Communicate a timely and consistent message to 

stakeholders (Industry, Public, Tribes, States, othegovernment agencies)
Outreach

• Holding stakeholder meetings to inform and receive in

• Canon City, CO – June 2009• Denver, CO – July, 2009• Rapid City, SD – October 2009• Washington, DC – October 2009 • Gallup, NM – November 2009• Blanding, UT – Spring 2010

• Establishing a dedicated web site to act as an informa

outlet

• National webinar planned for early 2010• Establishing quarterly conference calls to answer stak

questions
•Thank you for your attention