51651~ F'ederal Register ./ Vol. 54, No. 240 / Friday, December 15, 1989 / Rules and Regulations 

ENVIRO,RtRiIENTAL PROTECTION 

ACaENCY 

40 CFR Part 69 

(F6iL-3657-41 

RIN 2060-AC47 

Platlonal Emission Standards for 

f9azardous e41r Pollutants; 

Radionuclides 

At3EMCY: Environmental Protection 

Agency [EPA]. 

ACTtON: Final rule and notice of 

reconsideration. 

SutwtwARY: This final rule announces the 

Administrator''s final decisions on 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

under section 112 of the Clean Air Act 

for emissions of radionuclides from the 

following source categories: DOE 

Facilities, Licensees of the Nuclear 

Regulatory Commission and Non-DOE 

Federal Facilities, Uranium Fuel Cycle 

Facilities, F.lemental Phosphorus Plarits, 

Coal-Fired Boilers, High-level Nuclear 

Waste Disposal Facilities, 

Phosphogypsum Stacks, Underground 

and Surface Uranium Mines, and the 

operation and disposal of Uranium Mill 

Tailings Piles. The final rule also 

responds to the major public comments 

on the March 7,1989 proposed decisions 

for these categories (54 FR 9812). EPA fs 

conducting thia rulemaking pursuant to a 

voluntary remand and a schedule iseued 

by the U.S. Court of Appeais for the D.C. 

Circuit which requires final action by 

October 31, 1989. In addition EPA is 

granting a reconsideration of the 

standards of 40 CFR part 61, subpart I 

concerning emissions from facilitiea 

licensed by the Nuclear Regulatory 

Commission, with respect to the issues 

of duplicative regulation and possible 

effects on medical treatment. 

®ATEs: Effective Date: December 15, 

1989. Subpart I is stayed until March 15, 

1990. Comments on subpart I may be 

submitted on or.before February 13, 

1990. The incorporation by reference of 

certain pubticationa listed in the 

regulations is approved by the Director 

of the Federal Register as of December 

15, 1989. Under section 307(b)(1) of the 

CAA, judicial review of decisions under 

section 112 is available only by filing a 

petition for review in the United States 

Court of Appeals.for the District of 

Columbia Circuit within 60 days of 

today's publication of these rules: Under 

section 307(b)(2) of the CAA, the 

rdquirements that are the subject of 

today's notice may not be challenged 

later in civil or criminal proceedings 

brought by EPA to enforce these 

requirements. 

aonRESS: Comments on subpart I should 

be submitted (in duplicate if possible) 

to: Central Docket (A-130), 

Environmental Protection Agency, Attn: 

Docket No. A-79-I1, Washington, DC 

20460. 

F®R FURTQ9ER IPlFORMATIOld COR➢ TACT: 

)ames M. Hardin, Environmental 

Standards Br6nch, Criteria and 

Standards Division (ANR-460), Office of 

Radiation Programs, Environmental 

Protection Agency, Washington DC 

20460, (202) 475~9610. 

sUPPLEAREIdT/!RY 9fdFORMaTtOPl: 

Niotion for Reconsideratioa 

For any party who wishes to present 

new information to EPA, regarding the 

appropriateness of these rules, a Petition 

for Reconsideration may be filed under 

section 307(d)(7)(B). 

Docket 

The rulemaking record is contained {n 

Docket No. A-79-11 and contains 

information considered in determining 

health effects, listing radionuclides as 

hazardous air pollutants, and setting 

atandards. It also contains all comments 

received from the public during the 

comment period. This docket is 

available for public inspection and 

copying between 8:00 a.m. and 3:00 p.m. 

on weekdays. A reasonable fee may be 

charged for copying. 

A single copy of the Background 

Information Document and Economic 

Assessment (which, combined, form the 

final Environmental Impact Statement 

(EIS)) have been placed in the docket. 

Other documents available fnclude: A 

Guide for Determining Compliance with 

the Clean Air Act Standards for 

Radionuclide Emissions from NRCLicensed and Non-DOE Federal 

Facilities (October 1989); Procedures 

Approved for Demonstrating 

Compliance with 40 CFR pert 61, 

subpart I(October 1989); and User's 

Guide for the COMPLY Code (October 

1989). Copies of these documents may 

be obtained by writing to: Director, 

Criteria and Standards Division (ANR460), Office of Radiation Programs, 

Environmental Protection Agency, . 

Washington, DC 20460. 

Table of Contents 

1. Definitiona 

A. Terms 

B. Acronyms 

U. £PA NESI-iAPs Policy 

A.Background 

B. General NESHAP Policy Cunsiderations 

1. Selection of Approach 

2. Format of Standards 

III. Historical Background of Radionuclide 

NESHAPs 

W. Characterization of the Risks of Radiation 

A. Sources of Radiation 

B. Health Effects of Radiation 

C. Risk Assessment 

1. Risk Measures Considered in 

NESIiAP Policy 

2. Uncertainties in Risk Measures 

3. Methodology 

4. Technology Availability and Plant 

Closure Considerations 

D. F.ffective Dose Equivalent 

E. Science Advisory Board Review 

V. Decision to L'ist Under Section 112 

VI. Discusaion of Source Categories 

A. Department oLEnergy Facilities 

B. Nuclear Regulatoryy Commission Ltcensed and Non-DOF. Federal Facilities 

C. Uranium Fuel Cycle Facilities 

D. Elemental Phosphorus Plants 

E. Coal-Fired Utility and Industrial Boilers 

F. High-level Nuclear Waste Disposal Facilities 

G. Radon Releases From Department of 

Energy Facilities 

H. Phosphogypsum Stacks 

1. Underground Uranlum Mines 

J. Surface Uranium Mines 

K. Operating Uranium vtill Tailirgs Piles 

L. Dtsposal of Uranium Tailings Piles 

VIL Responses to Legal and Policy Comments 

VIII. Miscellaneous 

lf. DeFumitions 

A. Terms 

Activity—The amount of s radioactive 

material. It is a measure of the 

transforniation rate of radioactive nuclei 

at a given time. The customary utiit of 

activity, the curie, is 3.7X10 10 nuclear 

transformations per second. . Agreement State—Any state with 

which the Nuclear Regulatory 

Commission or the former Atomic 

Energy Commission has entered :nto an 

effective agreement under subsection 

274(b) of the Atomic Energy Act. 

Annualized Cost—A stream of annual 

payments for a determined time period. 

equal in value to a one-time payment 

based on a selected rate of interest. 

By-product Material—Any radioactive 

material (except source material and 

apecial nuclear material) yielded in or 

made radioactive by exposure to the 

radiation incident to the process of 

producing or utilizing special nuclear