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### 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

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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 forRadionuclide 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 NESHAPsW. 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 PilesVIL 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