29934 Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 61

[FRL–6604–2]

RIN 2060–AI90

National Emission Standards for

Hazardous Air Pollutants; Standard for

Emissions of Radionuclides Other

Than Radon From Department of

Energy Facilities; Standard for

Radionuclide Emissions From Federal

Facilities Other Than Nuclear

Regulatory Commission Licensees and

Not Covered by Subpart H

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking.

SUMMARY: EPA is proposing to amend its

regulations as they apply to operations

at any facility owned or operated by the

Department of Energy (DOE) that emits

any radionuclide other than radon-222

and radon-220 into the air and as they

apply to non-DOE federal facilities in

the radionuclide National Emission

Standards Hazardous Air Pollutants

(NESHAPs). These regulations require

emission sampling, monitoring and

calculations to identify compliance with

the standard. To sample and monitor

these radionuclide air emissions, both

require radionuclide emissions from

point sources to be measured in

accordance with the guidance presented

in the American National Standard

Guide to Sampling Airborne Radioactive

Materials in Nuclear Facilities, ANSI

1969. This ANSI standard was revised

and replaced by the new ANSI 1999

standard, entitled ‘‘Sampling and

Monitoring Releases of Airborne

Radioactive Substances from the Stacks

and Ducts of Nuclear Facilities.’’ This

proposed amendment will require the

use of the new ANSI 1999 standard for

newly constructed or modified sources

subject to these radionuclide NESHAPs.

DATES: Comments on this proposed

action must be received in writing at the

address given below on or before by

June 9, 2000. A public hearing will be

held on July 12, 2000, in Washington,

DC if a request for such a hearing is

received by June 9, 2000.

ADDRESSES: Comments on the proposal

should be submitted (in duplicate) to:

Central Docket (6102), Attn: Docket No.

A–94–60, U.S. Environmental

Protection Agency, 401 M Street, SW,

Room M1500, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For

information concerning the proposal,

contact: Ms. Robin Anderson, Center for

Waste Management, Office of Radiation

and Indoor Air, U.S. Environmental

Protection Agency, Mailstop 6608J,

Ariel Rios Building, 1200 Pennsylvania

Avenue, NW, Washington, DC 20460, by

email: anderson.robin@epa.gov or by

phone (202) 564–9385. For information

concerning the public hearing, contact:

Eleanor Thornton-Jones at the same

address, by email:

thornton.eleanord@epa.gov or by phone

(202) 564–9773.

SUPPLEMENTARY INFORMATION:

Docket

Docket A–94–60 contains the

rulemaking record. The docket is

available for public inspection between

the hours of 8 a.m. and 5 p.m., Monday

through Friday, in room M–1500,

Waterside Mall, 401 M Street, SW,

Washington, DC 20460. A reasonable fee

may be charged for copying.

A. Background

A. Regulatory History

On October 31, 1989, we promulgated

the National Emission Standards for

Hazardous Air Pollutants (NESHAPs)

under Section 112 of the Clean Air Act

to control radionuclide emissions to the

ambient air from a number of different

source categories (54 FR 51654,

December 15, 1989 (Docket A–94–60,

Item II–A–1)). Subpart H of 40 CFR Part

61 is one of the source categories

covered in this 1989 final rule. Facilities

owned and operated by the Department

of Energy (DOE) are covered by Subpart

H. DOE administers many facilities,

including government-owned,

contractor-operated facilities across the

country. Some facilities conduct nuclear

energy and weapons research and

development, some enrich uranium and

produce plutonium for nuclear weapons

and reactors, and some process, store

and dispose of radioactive wastes. These

facilities handle significant amounts of

radioactive material and can emit

radionuclides into the air. Some of the

DOE facilities emitting radionuclides

are on large sites covering hundreds of

square miles in remote locations. Some

of the smaller sites resemble typical

industrial facilities and are located in

suburban areas. These facilities emit a

wide variety of radionuclides in various

physical and chemical states. The

purpose of Subpart H is to limit

radionuclide emissions (not including

radon) from the stacks and vents at DOE

facilities so that no member of the

public receives an effective dose

equivalent of more than 10 millirem per

year (mrem/yr).

Subpart I is the standard for non-DOE

federal facilities in the radionuclide

NESHAPs. The facilities in this category

can emit a variety of radionuclides.

These radionuclides can affect

individuals by inhalation, ingestion,

ground deposition and immersion

pathways. Individual facilities may emit

only one or two radionuclides affecting

only one or two pathways. The purpose

of Subpart I is to limit radionuclide

emissions, including iodine, from the

stacks and vents at non-DOE federal

facilities including Department of

Defense (DOD) and other research and

industrial facilities so that no member of

the public receives an effective dose

equivalent of more than 10 mrem/year.

Also, emissions of iodine shall not

exceed an effective dose equivalent of 3

mrem/year to any member of the public.

Both Subparts H and I require

emission sampling, monitoring and

calculations to identify compliance with

the standard. To sample and monitor

these radionuclide air emissions,

Subpart H in § 61.93, and Subpart I in

§ 61.107, require radionuclide emissions

at all release points which have a

potential to discharge radionuclides into

the air which could cause an effective

dose equivalent in excess of 1% of the

standard. These measurements must be

made in accordance with the guidance

presented in the ANSI N13.1–1969,

‘‘Guide to Sampling Airborne

Radioactive Materials in Nuclear

Facilities.’’ (Docket A–94–60, Item II–D–

1) However, the 1969 ANSI standard has

recently been revised, changed in scope,

and retitled as, ‘‘ANSI N13.1–1999:

Sampling and Monitoring Releases of

Airborne Radioactive Substances from

the Stacks and Ducts of Nuclear

Facilities.’’ (Docket A–94–60, Item II–D–

3) It was published in the May 1999,

Health Physics Newsletter by the Health

Physics Society Standard Committee

and its ANSI Working Group.

After October 1, 2000, ANSI N13.1–

1999 will be the required sampling

guide for any newly constructed source

and any source undergoing modification

resulting in the effective dose equivalent

to be greater than 1% of the standard as

prescribed in § 61.92 of Subpart H and

§ 61.102 of Subpart I.

B. Purpose of ANSI N13.1–1999

The original ANSI N13.1–1969

Standard, ‘‘Guide to Sampling Airborne

Radioactive Materials in Nuclear

Facilities,’’ was developed to provide

engineers and designers guidance to

adequately sample air in the facility to

determine the radiation exposure to

facility workers and to members of the

public. The new ANSI N13.1–1999

narrows the scope of the standard from

any air in the facility to only ducts and

stacks of nuclear facilities. It provides a

performance-based criteria for the

Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Proposed Rules 29935

design and use of systems for sampling

the releases of airborne radioactive

substances in ducts and stacks.

We determined that it would be

appropriate to consider adopting the

revised standard based on our

independent review of ANSI N13.1–

1999. Our review indicated that the

difference between the two standards

that could significantly impact the

representativeness of the sample

extracted was the requirement for

multiple sampling nozzles and

isokinetic sampling cited in ANSI

N13.1–1999. In June 1994, we approved

the use of single-point sampling using a

shrouded probe as an alternative

methodology to demonstrate

compliance with 40 CFR Part 61,

Subpart H, § 61.93(b)(2)(ii). However,

this alternative methodology was never

promulgated and subsequently not

consistently used by DOE. ANSI N13.1–

1999 advocates the use of single point

sampling using a similar shrouded

probe by stating, ‘‘the use of these rakes

[multiple-point sampling nozzles] is no

longer considered good practice.’’ This

assertion is supported by documented

research on the shrouded probe. In a

memo, dated August 26, 1993 (Docket

A–94–60, Item II–D–7), from DOE to

EPA, it was stated that:

The single-point sampling systems for

sampling radioactive particulate that are

based upon the shrouded probe and located

according to principles and criteria

developed at LANL [Los Alamos National

Laboratory] in collaboration with Texas A&M

University, are simpler, more reliable and

provide more representative sampling

performance over a wide range of sampling

conditions than the standard systems. Losses

in the probe inlet and sampling transport line

are significantly reduced.

Since 1997, DOE and EPA staff have

met on a regular basis to discuss the

significant issues surrounding Subpart

H. In June 1999, DOE submitted a paper

to the EPA entitled, ‘‘Proposed

Implementation of ANSI N13.1–1999 at

the Department of Energy.’’(Docket A–

94–60, Item II–D–6) The purpose of this

paper was to describe how DOE could

implement ANSI N13.1–1999. This

paper states that:

ANSI N13.1–1999 appears to be

appropriate for stack sampling and

monitoring of radioactive emissions at new

DOE facilities and at facilities that are

undergoing significant modifications to

ventilation systems. The standard describes a

low cost, low maintenance measurement

system, with superior performance and one

that is easy to operate. It is the preferred

system to install in new facilities. However,

in existing DOE facilities, many require

modifications that are difficult and costly.

The single-point sampling approach is

drastically different from the isokinetic,

multi-probe sampling approach utilized in

existing stack monitoring systems that are in

compliance with ANSI N13.1–1969.

Upgrades to the new ANSI require the

complete removal of existing systems, with

the installation of the new systems requiring

substantial testing of stack flow

characteristics and extensive retrofitting and

rework of the stack.

We have taken into account the

results of the DOE implementation

paper, past research on the shrouded

probe and the independent review of

ANSI N13.1–1999 in developing this

proposal to amend Subpart H and

Subpart I to incorporate ANSI N13.1–

1999 for any newly constructed sources

and any source undergoing

modification, resulting in the effective

dose equivalent to be greater than 1% of

the standard as prescribed in § 61.92 of

Subpart H and § 61.102 of Subpart I.

Discussion of the Proposal

A. Justification for the Proposal

Justification for the proposal is

centered around research which

indicates that single-point sampling

using the shrouded probe (ANSI N13.1–

1999) is superior in performance to

multi-point sampling using isokinetic

probes (ANSI N13.1–1969). This

conclusion is documented in the report

‘‘Single Point Aerosol Sampling:

Evaluation of Mixing and Probe

Performance in a Nuclear Stack’’ by

John C. Rodgers et al. (1995) (Docket A–

94–60, Item II–D–4). A summary of the

results found in this paper is provided.

The term ‘‘ANSI standard’’ used in this

summary below refers to the ANSI

N13.1–1969 standard.

Facilities of the DOE under Subpart H and

non-DOE federal facilities under Subpart I

are required under the EPA NESHAPs to

continuously monitor radionuclide emissions

from any stacks or ducts that could

contribute more than 0.1 millirem per year to

the most affected member of the public. ANSI

N13.1–1969 serves several roles in

implementation of the requirements of the

radionuclide NESHAPs. First, it is intended

to provide guidance on the number of

sampling points that should be used at a

given site, with the larger ducts requiring

more sampling points than smaller ducts,

and rectangularly-shaped ducts requiring

more sampling points than circular ducts. As

many as 20 sampling points are

recommended for large rectangular ducts.

However, the ANSI standard recognizes that

fewer points may be used if careful

evaluation of the sample extraction location

shows that the concentration profile is

relatively flat as a result of good mixing in

the stack or duct. Second, the ANSI standard

provides guidance on the design of probes; it

recommends sharp-edged probes followed by

90° bends, with a constant internal diameter

from the inlet through the elbow. Third,

when the standard required multiple probes,

it provides designs for rakes of such probes.

It has been known for some time (Rodgers,

1987: Turner et al, 1989: McFarland and

Rodger, 1993) that the methodology

prescribed in ANSI N13.1–1969 needed to be

improved and updated. The use of the ‘‘8-and

2-criterion’’ is not a reliable predictor of stack

mixing conditions. [For clarification, ‘‘8-and

2-criterion’’ comes from 40 CFR 60,

Appendix A, Method 1: ‘‘Sampling or

velocity measurement is performed at a site

located at least eight stack or duct diameters

downstream and two diameters upstream

from any flow disturbance such as a bend,

expansion, or contraction in the stack, or

from a visible flame.’’ ANSI N13.1–1969

provides a similar sampling method: ‘‘The

distance from the transition or elbow to the

point of sampling should be a minimum of

five and preferably ten or more diameters

downstream * * *. It is recommended that

the velocity distribution be measured at the

anticipated section to determine that flow is

fully developed and mixing complete.’’] In

particular, it does not provide assurance that

fluid momentum and contaminant

concentration are both well mixed at the

sampling location. Use of a multi-nozzle rake

can lead to significant internal wall losses of

aerosol particles. Fan et al. (1992) tested such

a probe and found that approximately 75%

of liquid 10 μ aerodynamic diameter (AD)

aerosol particles were impacted on the

internal wall and only 25% transmitted

through a rake to a filter collector. The most

accurate and effective method of achieving

continuous representative sampling of

radioactive aerosol effluents is through the

use of a suitably designed shrouded probe

extracting samples from a single, properly

prepared and located point in the flow.

ANSI N13.1–1999 endorses single

point sampling of emissions and

provides performance criteria for

selecting the appropriate sampling

location in the stack and criteria for

evaluating the performance of the

sampling probe and transport system.

Sampling systems, based on the single

point sampling approach, that meet the

specified performance criteria will meet

the precision and accuracy objective of

this standard. This approach to

sampling airborne, radioactive

emissions from stacks and ducts is

considered to be the best approach to

achieving representative sampling of

emissions at a low cost and low

maintenance.

The paper, ‘‘Single Point Aerosol

Sampling: Evaluation of Mixing and

Probe Performance in a Nuclear Stack,’’

by John C. Rodgers et al. concluded by

indicating that:

The transmission ratio (ratio of aerosol

concentration at the probe exit plane to the

concentration in the free stream) was 107%

for a 113 L/min (4-cfm) anisokinetic

shrouded probe, but only 20% for an

isokinetic probe that follows the ANSI

N13.1–1969 requirements. Even a specially

designed isokinetic probe showed a

transmission ratio of 63%. As a consequence

of these limitations, recommendations for

29936 Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Proposed Rules

Alternative Reference Methodologies (the

shrouded probe) for representative sampling

of stacks and ducts for emissions of

radionuclides were prepared (McFarland and

Rodgers, 1993). These were submitted by

DOE to the EPA Administrator under the

provisions of 40 CFR 61, Subpart H. EPA

gave approval in November, 1994 for DOE to

use the shrouded probe in its facilities

(Nichols, 1994). (Docket A–94–60, Item II–C–

1)

DOE has not consistently chosen to

use the shrouded probe. Therefore, by

incorporating ANSI N13.1–1999 into

Subpart H and into Subpart I, DOE and

non-DOE Federal facilities will be

required to use ANSI N13.1–1999 for

any newly constructed source and any

source undergoing modification,

resulting in the effective dose equivalent

to be greater than 1% of the standard as

prescribed in § 61.92 of Subpart H and

§ 61.102 of Subpart I. It is not required

for existing systems to upgrade using

ANSI N13.1–1999 because of the strong

effort towards decontamination and

decommissioning (D&D) as well as

privatization by DOE. It both cases, DOE

is involved with cleaning a facility and

making it available for public use. It

would therefore be unnecessary and

costly for an existing source to upgrade

to meet the ANSI N13.1–1999 standard

and then perhaps in a few years not be

in existence. However, our proposed

rule allows DOE the option to apply

ANSI N13.1–1999 to existing sources.

Comments are invited on this

proposal. We will monitor the

implementation of this amendment,

once it is promulgated, to ensure

compliance with the Agency objectives.

Regulatory Analyses

Regulatory Flexibility Act

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this rule under section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b). EPA has further determined that

this proposed rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. The

standards being amended apply only to

Federal facilities.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local

and tribal governments and the private

sector. Today’s action contains no

Federal mandates (under the regulatory

provisions of Title II of UMRA) for

State, local or tribal governments or the

private sector.

Paperwork Reduction Act

There are no information collection

requirements in this proposed rule.

Review Under Executive Order 12866

Under Executive Order 12866, 58 FR

51736 (October 4, 1993), EPA must

determine whether a regulation is

‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget. The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.’’

EPA has determined that this action

does not meet any of the criteria

enumerated above, and therefore does

not constitute a ‘‘significant regulatory

action’’ under the terms of the Order.

Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045 applies to any

rule that: (1) is determined to be

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

concerns an environmental health or

safety risk that EPA has reason to

believe may have a disproportionate

effect on children. If the regulatory

action meets both criteria, the Agency

must evaluate the environmental health

or safety effects of the planned rule on

children, and explain why the planned

regulation is preferable to other

potentially effective and reasonably

feasible alternatives considered by the

Agency.

This rule is not subject to Executive

Order 13045 because it is not an

economically significant rule as defined

by Executive Order 12866, and because

it does not involve decisions on

environmental health or safety risks that

may disproportionately affect children.

Executive Order 13132: Federalism

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ are defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

Under Section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law, unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This proposed rule does not have

federalism implications. It will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule.

Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide to the

Office of Management and Budget, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Proposed Rules 29937

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected and

other representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s proposed rule will not

significantly or uniquely affect the

communities of Indian tribal

governments because it will not impose

substantial direct compliance costs on

such communities. Any cost to

implement ANSI N13.1–1999 will be

the responsibility of the applicable

Federal facility. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

The National Technology Transfer and

Advancement Act 2 of 1995 (NTTAA)

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agencies decides

not to use available and applicable

voluntary consensus standards.

In this rulemaking, EPA proposes to

use the ANSI N13.1–1999, entitled,

‘‘Sampling and Monitoring Releases of

Airborne Radioactive Substances from

the Stacks and Ducts of Nuclear

Facilities,’’ (ANS/HPS N13.1–1999) a

consensus standard developed by the

American National Standards Institute

(ANSI) Working Group.

The American National Standards

Institute (ANSI) has served as

administrator and coordinator of the

United States private sector voluntary

standardization system for 80 years, by

promoting and facilitating voluntary

consensus standards and conformity

assessment systems and by promoting

their integrity.

List of Subjects in 40 CFR Part 61

Environmental protection, Air

pollution control, Radionuclides,

Radon, Reporting and recordkeeping

requirements.

Dated: April 27, 2000.

Robert Perciasepe,

Assistant Administrator for Air and

Radiation.

For the reasons set forth in the

preamble, the Environmental Protection

Agency proposes to amend 40 CFR part

61 as follows:

PART 61—[AMENDED]

1. The authority citation for part 61

continues to read as follows:

Authority: 42 U.S.C. 7401, 7412, 7414,

7416, 7601, and 7602.

Subpart A—[Amended]

2. Section 61.18 is amended by

adding paragraph (c)(2) to read as

follows:

§ 61.18 Incorporations by reference.

* * * * *

(c) * * *

(2) ANSI N13.1–1999 ‘‘Sampling and

Monitoring Releases of Airborne Radioactive

Substances from the Stacks and Ducts of

Nuclear Facilities,’’ IBR approved for

§ 61.93(b)(1)(i), (ii), (iii), (2)(i), (ii), (iii), (iv);

and § 61.107(b)(1)(i), (ii), (iii), (2)(i), (ii), (iii),

(iv).

* * * * *

Subpart H—[Amended]

2. Section 61.93 is amended by

revising paragraphs (b)(1) and (b)(2) to

read as follows:

§ 61.93 Emission monitoring and test

procedures.

* * * * *

(b) * * *

(1) Effluent flow rate measurements

shall be made using the following

methods:

(i) For existing sources:

(A) Reference Method 2 of appendix

A to part 60 of this chapter or ANSI

N13.1–1999 ‘‘Sampling and Monitoring

Releases of Airborne Radioactive

Substances from the Stacks and Ducts of

Nuclear Facilities’ (incorporated by

reference—see § 61.18) shall be used to

determine velocity and volumetric flow

rates for stacks and large vents.

(B) If Reference Method 2 of appendix

A to part 60 of this chapter was used in

paragraph (b)(1)(i)(A) of this section,

then Reference Method 2A of Appendix

A to part 60 of this chapter shall be used

to measure flow rates through pipes and

small vents. If ANSI N13.1–1999 was

used in paragraph (b)(1)(i)(A) of this

section then ANSI N13.1–1999 shall be

used to measure flow rates through

pipes and small vents.

(C) The frequency of the flow rate

measurements shall depend upon the

variability of the effluent flow rate. For

variable flow rates, continuous or

frequent flow rate measurements shall

be made. For relatively constant flow

rates, only periodic measurements are

necessary. If ANSI N13.1–1999 was

used in paragraph (b)(1)(i)(A) of this

section then ANSI N13.1–1999 shall be

used to determine the frequency of the

flow rate measurements.

(ii) After October 1, 2000, for any

newly constructed source and any

source undergoing modification

resulting in the effective dose equivalent

to be greater than 1% of the standard as

prescribed in § 61.92:

(A) ANSI N13.1–1999 shall be used to

determine velocity and volumetric flow

rates for stacks and large vents.

(B) ANSI N13.1–1999 shall be used to

measure flow rates through pipes and

small vents.

(C) The frequency of the flow rate

measurements shall depend upon the

variability of the effluent flow rate.

ANSI N13.1–1999 shall be used to

determine the frequency of the flow rate

measurements.

(2) Radionuclides shall be directly

monitored or extracted, collected and

measured using the following methods:

(i) For existing sources:

(A) If Reference Method 2 of appendix

A to part 60 of this chapter was used in

paragraph (b)(1)(i)(A) of this section,

then Reference Method 1 of appendix A

to part 60 of this chapter shall be used

to select monitoring or sampling sites. If

ANSI N13.1–1999 was used in

paragraph (b)(1)(i)(A) of this section,

then ANSI N13.1–1999 shall be used to

select monitoring or sampling sites.

(B) If Reference Method 1 of appendix

A to part 60 of this chapter was used in

paragraph (b)(2)(i)(A) of this section,

then the effluent stream shall be directly

monitored continuously with an in-line

detector or representative samples of the

effluent stream shall be withdrawn

continuously from the sampling site

following the guidance presented in

ANSI N13.1–1969 ‘‘Guide to Sampling

Airborne Radioactive Materials in

Nuclear Facilities’’ (including the

guidance presented in appendix A or

ANSIN13.1) (incorporated by

reference—see § 61.18). If ANSI N13.1–

1999 was used in paragraph (b)(2)(i)(A)

of this section, then the effluent stream

shall be directly monitored

continuously with an in-line detector or

representative samples of the effluent

stream shall be withdrawn continuously

from the sampling site following the

guidance presented in ANSI N13.1–

1999. The requirements for continuous

sampling are applicable to batch

29938 Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Proposed Rules

processes when the unit is in operation.

Periodic sampling (grab samples) may

be used only with EPA’s prior approval

or as stated in ANSI N13.1–1999. Such

approval may be granted in cases where

continuous sampling is not practical

and radionuclide emission rates are

relatively constant. In such cases, grab

samples shall be collected with

sufficient frequency so as to provide a

representative sample of the emissions.

(C) Radionuclides shall be collected

and measured using procedures based

on the principles of measurement

described in appendix B, Method 114,

of this part. Use of methods based on

principles of measurement different

from those described in appendix B,

Method 114, of this part must have prior

approval from the Administrator. EPA

reserves the right to approve

measurement procedures.

(D) A quality assurance program shall

be conducted that meets the

performance requirements described in

appendix B, Method 114, of this part.

However, if existing sources elect to

following the criteria in ANSI N13.1–

1999, then the quality assurance

program in ANSI N13.1–1999 shall be

used.

(ii) After October 1, 2000, for any

newly constructed source and any

source undergoing modification

resulting in the effective dose equivalent

to be greater than 1% of the standard as

prescribed in § 61.92:

(A) ANSI N13.1–1999 shall be used to

select monitoring or sampling sites.

(B) The effluent stream shall be

directly monitored continuously with

an in-line detector or representative

samples of the effluent stream shall be

withdrawn continuously from the

sampling site following the guidance in

ANSI N13.1–1999. The requirements for

continuous sampling are applicable to

batch processes when the unit is in

operation. Periodic sampling (grab

samples) may be used only with EPA’s

prior approval or as stated in ANSI

N13.1–1999 ‘‘Sampling and Monitoring

Releases of Airborne Radioactive

Substances from the Stacks and Ducts of

Nuclear Facilities’ (incorporated by

reference—see § 61.18). Such approval

may be granted in cases where

continuous sampling is not practical

and radionuclide emission rates are

relatively constant. In such cases, grab

samples shall be collected with

sufficient frequency so as to provide a

representative sample of the emissions.

(C) Radionuclides shall be collected

and measured using procedures based

on the principles of measurement

described in appendix B, Method 114,

of this part. Use of methods based on

principles of measurement different

from those described in appendix B,

Method 114, of this part must have prior

approval from the Administrator. EPA

reserves the right to approve

measurement procedures.

(D) A quality assurance program shall

be conducted that meets the

performance requirements described in

ANSI N13.1–1999.

* * * * *

Subpart I—[Amended]

3. Section 61.107 is amended by

revising paragraphs (b)(1) and (b)(2) to

read as follows:

§ 61.107 Emission determination.

* * * * *

(b) * * *

(1) Effluent flow rate measurements

shall be made using the following

methods:

(i) For existing sources:

(A) Reference Method 2 of appendix

A to part 60 of this chapter or ANSI

N13.1–1999 ‘‘Sampling and Monitoring

Releases of Airborne Radioactive

Substances from the tacks and Ducts of

Nuclear Facilities’’ (incorporated by

reference—see § 61.18) shall be used to

determine velocity and volumetric flow

rates for stacks and large vents.

(B) If Reference Method 2 of appendix

A to part 60 of this chapter was used in

paragraph (b)(1)(i)(A) of this section,

then Reference Method 2A of Appendix

A to part 60 of this chapter shall be used

to measure flow rates through pipes and

small vents. If ANSI N13.1–1999 was

used in paragraph (b)(1)(i)(A) of this

section then ANSI N13.1–1999 shall be

used to measure flow rates through

pipes and small vents.

(C) The frequency of the flow rate

measurements shall depend upon the

variability of the effluent flow rate. For

variable flow rates, continuous or

frequent flow rate measurements shall

be made. For relatively constant flow

rates, only periodic measurements are

necessary. If ANSI N13.1–1999 was

used in paragraph (b)(1)(i)(A) of this

section, then ANSI N13.1–1999 shall be

used to determine the frequency of the

flow rate measurements.

(ii) After October 1, 2000, for any

newly constructed source and any

source undergoing modification

resulting in the effective dose equivalent

to be greater than 1% of the standard as

prescribed in § 61.102:

(A) ANSI N13.1–1999 shall be used to

determine velocity and volumetric flow

rates for stacks and large vents.

(B) ANSI N13.1–1999 shall be used to

measure flow rates through pipes and

small vents.

(C) The frequency of the flow rate

measurements shall depend upon the

variability of the effluent flow rate.

ANSI N13.1–1999 shall be used to

determine the frequency of the flow rate

measurements.

(2) Radionuclides shall be directly

monitored or extracted, collected and

measured using the following methods:

(i) For existing sources:

(A) If Reference Method 2 of appendix

A to part 60 of this chapter was used in

paragraph (b)(1)(i)(A) of this section,

then Reference Method 1 of appendix A

to part 60 of this chapter shall be used

to select monitoring or sampling sites. If

ANSI N13.1–1999 was used in

paragraph (b)(1)(i)(A) of this section,

then ANSI N13.1–1999 shall be used to

select monitoring or sampling sites.

(B) If Reference Method 1 of appendix

A part 60 was used in paragraph

(b)(2)(i)(A) of this section, then the

effluent stream shall be directly

monitored continuously with an in-line

detector or representative samples of the

effluent stream shall be withdrawn

continuously from the sampling site

following the guidance presented in

ANSI N13.1–1969 ‘‘Guide to Sampling

Airborne Radioactive Materials in

Nuclear Facilities’’ (including the

guidance presented in appendix A or

ANSIN13.1) (incorporated by

reference—see § 61.18). If ANSI N13.1–

1999 was used in paragraph (b)(2)(i)(A)

of this section, then the effluent stream

shall be directly monitored

continuously with an in-line detector or

representative samples of the effluent

stream shall be withdrawn continuously

from the sampling site following the

guidance presented in ANSI N13.1–

1999. The requirements for continuous

sampling are applicable to batch

processes when the unit is in operation.

Periodic sampling (grab samples) may

be used only with EPA’s prior approval

or as stated in ANSI N13.1–1999. Such

approval may be granted in cases where

continuous sampling is not practical

and radionuclide emission rates are

relatively constant. In such cases, grab

samples shall be collected with

sufficient frequency so as to provide a

representative sample of the emissions.

(C) Radionuclides shall be collected

and measured using procedures based

on the principles of measurement

described in appendix B, Method 114,

of this part. Use of methods based on

principles of measurement different

from those described in appendix B,

Method 114, of this part must have prior

approval from the Administrator. EPA

reserves the right to approve

measurement procedures.

(D) A quality assurance program shall

be conducted that meets the

performance requirements described in

appendix B, Method 114, of this part.

Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Proposed Rules 29939

However, if existing sources elect to

following the criteria in ANSI N13.1–

1999, then the quality assurance

program in ANSI N13.1–1999 shall be

used.

(ii) After October 1, 2000, for any

newly constructed source and any

source undergoing modification

resulting in the effective dose equivalent

to be greater than 1% of the standard as

prescribed in § 61.102:

(A) ANSI N13.1–1999 shall be used to

select monitoring or sampling sites.

(B) The effluent stream shall be

directly monitored continuously with

an in-line detector or representative

samples of the effluent stream shall be

withdrawn continuously from the

sampling site following the guidance in

ANSI N13.1–1999. The requirements for

continuous sampling are applicable to

batch processes when the unit is in

operation. Periodic sampling (grab

samples) may be used only with EPA’s

prior approval or as stated in ANSI

N13.1–1999 ‘‘Sampling and Monitoring

Releases of Airborne Radioactive

Substances from the Stacks and Ducts of

Nuclear Facilities’’ (incorporated by

reference—see § 61.18). Such approval

may be granted in cases where

continuous sampling is not practical

and radionuclide emission rates are

relatively constant. In such cases, grab

samples shall be collected with

sufficient frequency so as to provide a

representative sample of the emissions.

(C) Radionuclides shall be collected

and measured using procedures based

on the principles of measurement

described in appendix B, Method 114,

of this part. Use of methods based on

principles of measurement different

from those described in appendix B,

Method 114, of this part must have prior

approval from the Administrator. EPA

reserves the right to approve

measurement procedures.

(D) A quality assurance program shall

be conducted that meets the

performance requirements described in

ANSI N13.1–1999.

* * * * *

[FR Doc. 00–11553 Filed 5–8–00; 8:45 am]

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