5190 Federal Register I Vol. 50, No. 25 I Wednesday, February 6, 1985 I Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 61 

(AO-FRL-2764-71 

National Emission Standards for 

Hazardous Air Pollutants; Standards 

for Radlonuclldes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rules. 

SUMMARY: On April6, 1983, the 

Environmental Protection Agency, 

pursuant to Section 112 of the Clean Air 

Act. published in the Federal Register 

proposed standards for sources of 

emissions of radionuclides to air. These 

included the following source categories: 

(1) Department of Energy (DOE) 

facUlties: (2) Nuclear Regulatory 

Commission (NRC)-licenaed facilities 

and non-DOE Federal facilities: (3) 

elemental phosphorus plants: and (4) 

underground uranium mines. 

Subsequently, on October 23, 1984, the 

Agency withdrew its proposed 

standards for the first three source 

categories on the grounds that current 

emission control and operational 

practices provide an ample margin of 

safety in protecting the public health 

from the hazards associated with 

exposure to airborne radionuclides from 

these sources. EPA continues to believe 

existing emissions from these sources 

are so low that the public health is 

already protected with an ample margin 

of safety, even without regulations. EPA 

also concluded it was impossible at the 

time to issue a legally valid final 

standard for uranium mines. 

However, the U.S. District Court for 

the Northern District of California has 

ordered the Agency to either promulgate 

standards for the first three source 

categories by January 10, 1985, or to fmd 

that radionuclidea are clearly not a 

hazardous pollutant, in essence 

"delisting" the pollutant from regulatory 

consideration under Section 112 of the 

Act. EPA believes that this order 

exceeds the District Court's jurisdiction 

and is appealing it to the Court of 

Appeals for the Ninth Circuit. As set 

forth in its withdrawal decision, EPA 

believes that. although emission levels 

from these three source categories are 

not hazardous, radionuclides cannot 

properly be delis ted under ~ection 112 

because radionuclide emissions from 

uranium mines appear to reach 

hazardous levels that warrant 

regulation. Under the provisions of the 

Court's order, however, the Agency is 

nonetheless required to issue standards 

gove~: these three source categories. 

Accordingly, the Agency is promulgating 

final ruleu for DOE facilities, NRClicensed und non-DOE Federal facilities, 

and elem(mtal phosphorus plants. EPA 

continues to believe that its original 

position was correct and intends to 

pursue its appe~l of the District Court's 

order. The Court also ordered EPA to 

promulgate final standards for 

undergro1md uranJum mines. EPA 

expects to promulgate these standards 

by Aprill.O, 1985, the date specified in 

the Court order. 

EFFECTIVE DATE: Final rules are effective 

on Februury 6, 1985. For existing 

sources, the standards shall not apply 

until90 days after the effective d~tte. 

The lnhrmation collection 

requiremtmts contained in 40 CFR 61.94, 

61.95. 61.{16, 61.97, 61.104, 61.105, 61.107, 

61.108. 61.123, 61.124, 61.125, 61.126, and, 

as they apply to radionuclide sources, 

61.07, 61.(19, 61.10, and 61.13 have not 

been app~ved by the Office of 

Manage~r ent and Budget (OMB) and are 

not effective until OMB has approved 

them. 

ADDRESSI!S: The rulemaking record is 

contained in Docket No. A-79-11. This 

docket Ia available for public Inspection 

between .3:00a.m. and 4:00p.m., Monday 

through Friday, at EPA's Central Docket 

Section, West Tower Lobby, Gallery 

One, Waterside Mall, 401 M Street. 

S.W., Washington. D.C. 20460. A 

reasonable fee may be charged for 

copying. 

FOR FURTHER INFORMATION CONTACT: 

James M. Hardin, EnvironmeJ;ttal 

Standards Branch (ANR-460), Criteria 

and Standards Division. Office of 

Radiation Programs~ U.S. Environmental 

Protection Agency, Washington, D.C. 

20460, {7C3} 557-8977. 

SUPPLEMENTARY INFORMATION: 

L Supporting Documents 

A final Background Information 

Document has been prepared and single 

copies mrty be obtained by writing the 

Program :Management Office, Office of 

Radiation Programs (ANR-458), U.S. 

Environmental Protection Agency, 

Washing:on, D.C. 20460, or by calling 

(703} 557--9351. Please refer to 

''NESHAP&-Radionuclides: 

Background Information Document for 

Final Rules, Volumes 1 and 2, [EPA 520/ 

1-84-022--1, EPA 520/1-84-<122-2}, 

October :l984. Volume 1 of the 

Background Information Document 

contains a complete description of the 

Agency's methodology used in ita risk 

asaeasmtnt of the hazards associated 

with airborne emissions of 

radionuc.Hdea. Volume 2 contains a 

descriptilln of how the Agency applied 

this methodology to each source 

category subject to this rulemaking. 

The Agency has also prepared a final 

economic analysis of the impact of its 

standards on the elemental phosphorus 

industry, entitled "Regulatory Impact 

Analysis of Environmental Standards 

for Elemental Phosphorus Plants" [EPA 

520/1-84-025), October 1984. In addition, 

a final report on control technology for 

radionuclide emissions to air at DOE 

facilities has been completed and is 

entitled "Control Technology for 

Radioactive Emissions to the 

Atmosphere at U.S. Department of 

Energy Facilities" [PNL-4621), October 

1984. Single copies of both reports may 

be obtained from the Program 

Management Office, Office of Radiation 

Programs. 

The Agency's decision to withdraw its 

proposed standards for radionuclide 

emissions from elemental phosphorus 

plants, DOE facilities, and NRC-licensed 

and non-DOE Federal facilities was 

published in the Federal Register on 

October 31, 1984 {43906}. The notic.e 

contains a complete_history of the 

rulemaking up to the withdrawal action, 

a summary of the major issues raised in 

public comments and the Agency's 

responses, alternatives considered. and 

the Agency's rationale for its decision to 

withdraw the proposed standards. 

Single copies of this document may be 

obtained by contacting the Program 

Management Office, Office of Radiation 

Programs. 

D. History of Standards Development 

On April6, 1963, EPA announced in 

the Federal Register its proposed 

standards for sources of emissions of 

radionuclides from four categories: (1) 

DOE facilities: (2) NRC-licensed 

facilities and non-DOE Federal facilities: 

(3) elemental phosphorus plants: and (4) 

underground uranium mines. The notice 

also identified severaladditlonalsource 

categories which emit radionuclides. 

However, the Agency concluded that 

good reasons existed to propose not to 

regulate these categories, which 

included: (1) coal-fired boilers: (2) the 

phosphate industry: (3) other extraction 

industries; (4) uranium fuel cycle 

facilities, uranium mill tailings, and 

management of high-level radioactive 

waste: and (5) low energy accelerators 

(48 FR 15076, AprilS, 1983). At the time 

of proposal, these nine source categories 

were considered to be all that might 

potentially release radionuclides to air 

at levels that could warrant regulatory 

attention .. 

On February 17, 1984, the Sierra Club 

filed suit to compel final action in the 

U.S. District Court for the Northern 
Federal Register I Vol. 50. No. 25 I Wednesday. February 6. 1985 I Rules and Regulations 5191 

District of California. pursuant to the 

citizens· suit provision of the Act (Siura 

Club v. Ruckelshaus. No. 84-0656 

WHO). On july 25. 1984, the Court 

granted Sie!Ta Club's summary judgment 

motion and ordered EPA to promulgate 

standards or make a finding that 

radionuclides are not a hazardous air 

pollutant within W days of the clate of 

the order. 

On October 23. 1984, EPA withdrew 

its proposed standards for radioouclide 

emissions from the following categories: 

(1) elemental phosphorus plants: (2) 

DOE facilities; (3) NRC·Iicenscd 

facilities and non-DOE Federal facilities; 

and (4) underground uranium mines. The 

Agency also affirmed its original 

decision not to regulate emissions from 

the five other source categories 

considered (49 FR 43906, October 31. 

1984). The proposed standards for the 

first three categories were withdrawn 

because the Administrator determined 

that current practice provides an ample margin of &afety in protecting the public 

health from the hazards associuted with 

expo11.ure to radionuclides from th!!se 

sources. 

In the case of underground uranium 

minea, the Administrator withdrew the 

proposed atandard because it did not 

meet the legal requirements of section 

112 of the Clean Air Act. Simultaneous 

with this action. the Agency published 

an Advance Notice of Proposed 

Rulemaking for radon-222 emissions 

from underground uranium mines to 

solicit additional information on control 

methods such as bulkheading and other 

forms of operational controls for radon222 which would meet the legal 

requirements o~ section 112 (49 FR 43915. 

October 31. 1984). 

On October 31. 1964, Lhe U.S. District 

Court, Northern District of California 

issued a.n order requiring the 

Administrator and the Agency to show 

cause why they should not be held in 

contempt of the Court's july 25 order. A 

Court hearing was held on November 21. 

1984. to consider the issue. ln a ruling on 

DC(;ember 11, 1984. the Court found tlle 

Administrator and the Agency in 

contempt sod ordered the following 

remedial action: 

1. (a) Issue within 30 days of the date 

of the order final radionuclide emission 

standards for DOE facilities. NRClicensed and non-DOE Federal focili ties. 

end elemental phosphorus plants. and 

(b) Issue within 120 days of the date of 

the order final radionuclide emission standards for uranium mines: or 

2. Make a fmding based on the 

mformation presented at hearings during 

the rulemaking, that radionuclides ere 

clearly not a hazardous pollutant. 

On December 21. 1984. EPA requested 

a stay of the District Court's order; this 

request wd& denied on januory 3, 19!!5. The Agency subsequently requested A 

slay from the 9th Circuit Court of 

Appeals on january 8, 1985. This request 

was also denied. However. the Court did 

allow the Agency en additional seve·n 

days to provide time for further appeal 

to the U.S. Supreme Court. These efforts 

also failed. Therefore. to comply with 

the District Court's EPA is promulgating standards for radionuctide emission11 to 

air from DOE facilities. NRC-licensed 

and non-DOE Federal facilities. and 

elemental phosphorus plants. Litigation 

regarding these three standards is 

continuing. 

Ill. Summary of Decision 

As stated above, EPA withdrew 

proposed standards for the three 

categories that are the subject of thil• 

notice based on the judgment that 

emissions from--these source categories 

are presently controlled at levels that 

provide an ample margin of. safety in 

protecting public health from the 

hazards associated with exposure to 

airbome.radionuclides. ln reaching l'lls 

judgment, EPA considered the available 

evidence. including public comments on 

Its proposed standards and information 

developed since that proposal. 

In the case of DOE facilities and NRClicensed and non-DOE Federal facilities, 

the risk was judged too small to warrant 

regulation. Since the beginning of regulation under section 112, EPA ha1 

interpreted this section as not requiring 

regulation in cases where the risks from a category of sources do oot exceed n 

certain minimum threshold. lndeed. 

contrary interpretations lead to results 

tbal are hard to defend from any logi.:al 

or policy perspective. The risks 

presented by radionuclide emissions 

from these source categories are not as 

greet as risks that EPA has found 

insufficient to trigger regulation in prior 

rulemakings under section 112. The 

health gains from regulation, as 

represented by the difference between 

the risk before and after regulation, are 

smaller still. 

In the case of elemental phosphorus 

plants, the risks are also very small. In 

addition. the cost of controls compared 

to the amount that the risk is reduced is 

fer higher than EPA has imposed in prior 

regulatory decisions under section 112. 

At the same time. EPA believed that 

radionuclides could not properly be 

delisted because a fourth category of 

sources. uranium mines. did emit radionuclides in amounts that appeared 

to warrant regulation. 

None of these circumstances has 

changed since October 23. EPA 

continues to believe that its original 

position was correct and hopes that 

future litigation will permit the Agency 

to return tcf that position. However. the 

District Court's December 11 order and 

the subsequent denials of stays. compel 

issuance of standards for these three 

categories absent a decision by EPA to 

delist radionuclides. For the reasons 

discussed in detail in the Advance 

Notice of Proposed Rulemaking for 

underground uranium mines and the 

Federal Register notice published on 

October 31, EPA cannot conclude that 

radionuclides are clearly nol hazardous. 

and thereby delist. 

The standards established today limit 

rodionuclide emissions from DOE 

facilities to an amount that causes a 

dose equivalent rate of 25 mrem/y to the 

whole body or a dose equivalent rate of 

75 mrem/y to the critical organ of any 

member of the public. This standard 

excludes doses due to radon-220, radon· 

222. and their respective decay products. 

For NRC-licensed end non-DOE Federal 

fa cilities. EPA is promulga ting a 

standard which limits radionuclide 

emissions from these facilities to an 

amount that causes a dose equivalent 

rate of 25 mrem/y to the whole body or 

a dose equivale'nt rate of 75 mrem/y to 

the CTilical organ of any member of the 

public. This standard also excludes 

doses due to radon-220. radon-222. and 

their respective decay products. EPA 

will grant a waiver or the limits 'of 25 

mrem/y to the whole body or 75 mrem/y 

to the critical organ of any member of 

the public and issue alternative 

standards, if a facility operator 

demonstrates that no member of the 

public will receive 8 continuous 

exposure of more then 100 mrem/y 

effective dose equivalent and a 

noncontinuous exposure of more than 

500 mrem/y effective dose equivalent 

from all sources. excluding natural 

background and medical procedures. ln 

the case of elemental phosphorus plants. 

EPA is promulgating 8 standard which 

limits the total emissions of polonium210 from calciners and nodulizing kilns 

at these plants to 21 Ci/y. These limits 

will assure that emissions do not 

increase over present levels. 

IV. Rationale for Standards 

A. Department of Energy Facilities 

The DOE administers many 

government-owned. contractor-operated 

facilities that emit readionuclides to the 

air. Operations at these facilities include 

research and development. production 

of nuclear weapons. enrichment of 

uranium and production or plutonium for 

nuclear weapons and reactors. and 
5192 Federal Register I Vol. 50, No. 25 I Wednesday, Febru11ry 6, 1985 I Rules and Regulations 

processing, storing, and disposing of 

radioactive waste't. These facUities are 

on large sites, some of which cover 

hundreds of square milee in remote 

areas, and are located tn about 20 

dif~erent states. Some smaller factlltles 

resemble typical industrial aiteli and are 

located in auburben areas. 

The Agency estimates that the totlil 

population risk from radionuclide 

emissions to air from all DOE facilitfeg 

is about 0.07 fatal cancer cases per year, 

or one case· every 14 years. The risk to 

nearby Individuals exposed to the most 

concentrated of the plants' emission is 

about one in ten thousand to seven in 

ten thousand. 

DOE facilities currently operate under 

a policy of keeping radionuclide. 

emissions "as low as reasonably 

achievable" (ALARA). This policy haa 

generally led to low emissions from 

moat facilities and EPA expects that this 

current policy wUI continue. 

The Agency is promulgating a fulal 

standard that will limit radionuclide 

emissions to air from DOE facilities to 

that amount which will cause a dose 

equivalent of 25 mrem/y to the whole 

body or 75 mrem/y to the critical organ 

of any member of the public. These 

Umita generally reflect current emission 

levels achieved by existing control 

technology and operating practices at 

DOE facilities. 

This final rule does not apply to 

radon-220, radon-222 and their 

respective decay products. These 

radionuclldes are exempted because the 

Agency currently haa very little 

information regarding the emissions of 

these radionuclidea from DOE facilities. 

However, available Information 

suggests that the DOE facilities that are 

covered by this standard are likely only 

to have relatively small total quantities 

of materials containing radium-2.24 and 

radium-.226, the sources of radon-220 

and radon-222, respectively. The 

quantities of these materials will be 

much smaller than uranium mill tailings 

piles, for example. In practice, EPA 

expects DOE will seal up aU significant 

source!! of radon emissions to air or take 

r.ther appropriate controi action as part 

cf their ALARA program. In addition, it 

would not be appropriate to establish a 

dose equivalent standard for radon-220 

and radon-222 because radon decay 

products cause exposure primarily to 

only a small part of the lung-the 

bronchial epithP.lia cells. Such ao 

exposure cannot be accurately 

expressed as a dose equivalent to the 

lung. 

For DOE facilltlea that exceed the 

limits of 25 mrem/y to the whole body or 

75 mrem/y to the critical organ of any 

member of the public, EPA will issue 

alternative standards, if DOE 

demonstrates that no memlmr of the 

public willl-eceive a cont.htuoll:> · 

exposw'tl of more than 100 nu·P.n./y 

effuctive dose equivalent 11nd a 

nuncontinuoua exposure of mer;~ than 

fj~ "!r.I'f!Jn/y euecttve dose eqt~: t:Ient 

from allso:.trces, excluding n;•h;: ~tl 

b.u:kgl'Omtd and med:cal pmr~e~~Hs. 

1hi& (•rev ision appllr.s to tltuHr. specific 

DOE !:lcilities where emiBHiOllJI mljy 

t1xceed th~ limits of 2!i mt'errt/y to the 

whole body or 75 mremh; to tha critical 

m·uan of &ny member. of the pubil•:. 

1'hene provisions embody the 

rcco::nmeudatlona of Llte No;tionlll 

Council o.n Radiation Protection and 

Meacurementa for exposure to external 

radiation ("Control of Air Emlseiuns of 

Radioauc idcs," Natillnal Council on 

Radiation Protection and Melnmremnnts, 

September 18, 1984}. 

B. Nuclear Regulatory Coomist;inn- Licensed Jo'acilitie6 and Non-DOE 

Federal F'Jcilities 

me-licensed and non-DOE Ferlaral 

facilities Include research and test 

reactors, 11hipyards, the 

radiopharmaceuticallndu1dty, Wld other 

research und industrial facilfti.eg, This 

category Includes both facilitios licenaed 

by NRC and facilitier. lic.ensed b~· ll 

State und&r an agreement with !\'RC. 

Thcee facillties number in tlte tltoUIIIUlda 

und are lcor..ated in all fifty StatP.fl, 

Uranium ::Uel cycle facilities a1'r. not 

inc.:ludP.d because radionucUde 

eml:~:~ions frotn these facilities aJ'O 

limited b1• standards promulgated 

prevlouely by EPA (40 CFR Part 190). 

The Agency estimates that the totAl 

population risk from radionut.lide 

emission& to air from all ~'RC-licensed 

facilities nnd non-DOE Federal facilities 

lo no mOl'!! than 0.001 fatal cancAr case 

per year, or one ~se every one 

thousand years. The riek to ncMhy 

Individuals exposed to the moat 

concentrated of the plants' emfs11lons Ia 

about two in one hundred thow;and. 

The NRC and all non-DOF Federal 

facilities currently operate untlt"r a 

policy oflceeplng radionucllde cml11slons 

"as low as reasonably achievnb~e" 

(ALARA). This policy has generally led 

to low emissions from moRt facilities 

and the Agency expects that this policy 

will continue. 

The Agency is promulgating a final 

standard that will limit radlonuclide 

emiaaiom1 to air from these facilities to 

that amount which will cause a dose 

equlvaler.t of 25 rnrem/y to the whole 

body or 75 mrem/y to the critical organ 

of any member of the public. These 

Umita reflect current emission levels 

achieved by existing control technology 

and operating practices at NRC-Ucenaed 

facilities and non-DOE Federal facUlties. 

This standard, similarly, does not 

apply to radon-220, radon-222, and their 

reapective de::ay products. Facilities 

covet-ed by this standard are likely only 

to have relatively small quantities of the 

sources of these radionuclidea and are 

expected to take appropriate control 

action to limit emissions as part of the 

NRC's ALARA program. 

For facilities that exceed the limits of 

25 mrem/y to the whole body or 75 

mrem/y to the critical organ of any 

member of the pub!Jc. EPA willlaaue 

alternative standards, if a facility 

operator demonstrates that no member 

of the public wUI receive a continuous 

exposure of more than 100 mrem/y 

effective dose equivalent and a 

noncontinuous exposure of more than 

500 mrem/y effective dose equivalent 

from all sources, excluding natural 

background and medical procedurea. 

This provision applies to those specific 

NRC-licensed and non-DOE Federal 

far.llitiea where emissions may exceed 

Z5 mrem/y to the whole body or 75 

mrem/y to the critical organ of any 

member of the public. These provisions 

embody the recommendations of the 

National Council on Radiation 

Protection and Measurements for 

exposure to external r!ldiatlon ("Control 

of Air Emissions of Radionuclidea," 

National Council on Radiation 

Protection and Measurements, 

September 18, 1984}. 

After reviewing comments, EPA has 

concluded that the great majority of 

NRC-licensed facllitiea are licensed to 

possess such small quantities of 

radionuclidea, that even given the moat 

conservative a88umptions, they ara 

unlikely to emit radionuclides at a level 

that would violate the standard during 

normal operation. Therefore, these · 

facility owners will not be required to 

submit an Initial report (40 CFR 61.10). 

EPA has establlshed a simple procedure 

(40 CFR 61.106} to exempt most of these 

licensees from the Initial reporting 

requirements of the Clean Air Act. EPA 

expects that all but a few (leta than 100) 

facilities licensed by the NRC could 

make use of this exemption: the 

remainder are major facilities using 

large amounts of radionucl.idea. 

Radiation •afety personnel at these 

facilities are expected to have the skill 

necessary to demonstrate compliance. 

Many facilities are licensed by NRC to 

obtain and use sealed sources of 

radionuclides. Such sources have no 

potential to routinely release 

radionuclides to air and have, therefore, 

been exempted from thit final rule. In 

addition, low energy accelerators have 
Federal Register I Vol. 50. No. 25 I Wednesday, February 6, 1985 / Rules and Regulations 51..::> 

l!een exempted because EPA concludecl 

that emissions from these sources ure 

negligible (49 FR 43906, October 31, 

1984). 

C. Elemental Phosphorus Plants 

There are six elemental phosphor\ls 

pl11nts in the United Stales which 

process phosphate rock into elementnl 

phosphorus that is used in the 

production of phosphoric acid, 

phosphate-based detergents, and 

organic chemicals. Some of the uranium 

decay products. polonium-210 and lead210. contained in the phosphate rock art: 

volatilized by the high temperatures in 

the plant calciners. 

The Agency estimates that the totul 

population risk from radionuclide 

emissions to air from all elemental 

phosphorus plants in about 0.06 fatal 

cancer cases per year. or one case every 

seventeen years. The risk to nearby • 

individuals exposed to the most 

concentrated of the plants' emissions is 

about one in one thousand. 

The Agency is promulgating n 

standard which limits the total 

emissions of polonium·210 from 

calciners and nodulizing kilns at these 

plants to 21 Ci/y. This standard N!flects 

current emission levels achieved by 

existing control technology and 

operating practices at elemental 

phosphorus plants. 

The areas surrounding two planl!l, the 

FMC plant in Pocatello. Idaho. and the 

Monsanto plant in Soda Springs, Idaho, 11re characterized by high total levels of 

radiation from a variety of sources. The 

storage and widespread use of slag and 

possibly other waste products from 

these plants have significantly increased 

the natural background radiation levels 

in ports of the communities. In 

particular. phosphate slag from these plants has been widely used as 

aggregate in road and house 

construction in these areas. EPA and th·e 

State of Idaho will initiate a totul 

assessment of the various sources and 

will investigate ways to reduce or 

prevent risks from growing. 

V. Miscellaneous 

A. Docket 

The docket is an organized and 

complete file of all information 

considered by EPA in the development 

of the standards. The docket allows 

interested persons to identify and locate 

documents so they can effectively 

participate in the rulemaking process. Jt 

also serves as the record for judicial 

review. 

Transcripts of the hearings. all written 

statements. the Agency's response to 

comments, and other relevant 

documents have been placed in the 

docket and are available for inspection 

and copying during normal working 

hours. 

8 . General Provisions 

The general provisions of 40 CFR Part 

61 , Subpart A apply to all sources 

regulated by this rule. 

C. Stale lmplemenlalion of Enforceme.ll 

and Emission Standards 

Under section 112(d)(1) of the Act. any 

Sta te may develop and submit to the 

Administrator a procedure for 

implementing and enforcing emis~ion 

standards for hazardous air pollutants 

for stationary sources located in such 

State. If the Administrator finds a 

State's procedure for implementing the 

standatd adequate, the Federal 

authority theri is delegated to the State. 

To streamline this procedure, some of 

EPA's Regional offices have entered into 

agreements with certain States for 

"automatic" del ega lion of new section 

112 standards. Under this arrangement, 

States are delegated authority to 

implement and enforce all new section 

112 standards when they are issued. 

The Agency has decided that 

"automatic" delegation shall not be 

made for the radionuclide final rules. 

When EPA entered into these 

agreements, the Slate's capabilities and 

expertise with .respect to radionuclides 

were not considered. Therefore, States 

must reapply for delegation in the case 

of radionuclide final rules. 

D. Measurement Techniques and 

Waivers of Compliance 

The Agency recognizes that today's 

notice does not contain descriptions of 

EPA's approved measurement 

techniques for measuring emissions and 

estimating dose. The Agency will 

publish a list shortly of methods it 

believes suitable for the purpose of 

implementing its final rules for DOE 

facilities and NRC-licensed and non· 

DOE Federal facilities. Owners of such 

facilities are invited to submit 

procedures for inclusion on this list of 

Agency approved procedures. 

Submissions should be sent to the 

Director. Criteria and Standards 

Division (ANR-460). Office of Radiation 

Programs, U.S. Environmental Protection 

Agency, 401 M Street, SW .• Washington, 

D.C. 20460. 

This rule is effective immediately for 

new sources and after 90 days for 

existing facilities. Those facilities that are not in compliance with the final rulu 

based on information currently 

available to them and who may wish to 

request a waiver from the Administrator 

under the provisions of section 112(c)(1) 

shall follow the procedures establishe' 

under § 61.10 for waiver of complian~. 

us modified in this rule. 

E. Communications 

Communications with the 

Administrator regarding the reporting 

and recordkeeping requirements of this 

rule. us well as requests for waivers. 

shall follow the provisions of§ 61.10, 

except os otherwise noted in this rule. 

F. Executive Order 12291 

Under Executive Order 12291. issued 

February 17, 1961, EPA must judge 

whether a rule is a "major rule" and, 

therefore, requires that a Regulatory 

Impact Analysis be prepared. EPA hns 

determined that this rule is not a major 

rule as defined in section t(b) of the 

Executive Order because the annual 

effect of the rule on the economy will be 

less than $100 million. Also. it will not 

cause o major increase in costs or prices 

for any sector of the economy or for any 

geogruphic region. Further. it will not 

result in any significant adverse effects 

on competition, employment. 

investment, productivity, innovation. or 

the ability of United States enterprises 

to compete with foreign enterprises in 

domestic or foreign markets. Under 

Executive Order 12291, this regulation 

was submitted to the Office of 

Management and.Budget (OMB) for 

review. Any comments from OMB to 

EPA and any response to those 

comments are included in the docket. 

C. PaperNork Reduction Act 

Under the Paperwork Reduction Act 

of 1960 U.S.C. 3501, et seq., the 

information collection provisions in this 

rule will be submitted for approval to 

the Office of Management and Budget 

(OMB). They are not effective until OMB 

approves them. A notice of that 

approval will be published in the 

Federal Register. Further, EPA will not 

require reporting until it publishes the 

list of acceptable measurement 

techniques described in§§ 61.93 and 

61.103. 

H. Regulatory Flexibility Analysis 

Section 603 of the Regulatory 

Flexibility Act. 5 U.S.C. 603, requires 

EPA to prepare and make available for 

comment an "Initial regulatory 

flexibility analysis" in connection with 

any rulemaking for which there is a 

statutory requirement that a general 

notice of proposed rulemaking be 

published. The "initial regulatory 

flexibility analysis" describes the effect 

of the proposed rule on small business 

entities. 
5194 Federal Register I Vol. 50, No. 25 / Wednesday, February 6, 1985 / Rules and Regulations 

However, section 604(b) of the 

Regulatory Flexibility Act provides that 

section 603 "shall not apply to any 

proposed . . . rule if the h<?a.d of the 

Agency certifies that the rule will not, if 

promulgated, have a significant 

economic impact on a substanti:d 

number of small entities." 

EPA believes that virtually all small ' 

businesses covered by this final rule 

already comply. Therefore, this rule will 

have little or no impact on small 

businesses. A small business is one that 

has 750 employees or fewer. . 

For the preceding reasons, I certify 

that this rule will not have significant 

economic impact on a substantial 

number of small entities. 

l.fudicial Rnview 

Judicial review of these stand21 ds 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 date. The requirements 

established in this notice may not be 

challenged Inter in civil or criminal 

proceedings brought by EPA to enforce 

them. 

List of Subjects in 40 CFR Part 61 

Air pollution control, Hazardous 

materials. Asbestos, Beryllium. Mercury, 

Vinyl chloride, Benzene, Arsenic, 

Radionuclides. 

Dated: January 17, 1965. 

Lee M. Thomas, 

Acting Admillistrotor. 

PART61-{AMENOEOJ 

Part 61 of Chapter I of Title 40 of the 

Code of Federal Regulations Is amended 

as follows: 

1. By addir1g Subparts H. /, and K to 

read as follows: 

Subpart H-Natlonal Emission Standard for 

Radlonucllde Emissions From ~partment 

or Energy (DOE) Facllltlea 

Sec. 

61.90 Designation of facilities. 

61.91 Definitions. 

61.92 Emission standard. 

61.93 Emission monitoring and compl!anr.e 

procedures. 

61.94 Reporting. 

61.95 Recordkecp;ng.(Reserved) 

61.96 Wulver of compliance. 

61.97 Altcrnath·e emission standardt1. 

61.98 Exemption from reporting and testing 

requirements of 40 CFR 61.10. 

Subpart 1-Natlonal Emlaslon Standard for 

R8dlonudlde Emlaslons From Facllltlea 

Llctnsed by the Nuclear Regulatory 

Commlsclon (NRC) and Federal Facilities 

Not Covered by Subpart H 

Sec. 

61.10'J t:'esi:::nHihm of l'llt:iHiics. 

61.101 D<lfinitions. 

61.102 Emission standard. 

61.103 Emiri~!on monitoring arri 1:0mpliance 

p~or.~:d 1re . 

61.104 Reporting. (Reserved) 

61.'1C:i R ~~cordkeepil'~. I Reserved) 

61.1Cu b cmption frum reporliJlP. and testing req;~iremr.nts of~ CFR 61.10. 

61.1'>7 \'l',lhP.r of compliance. 

61.10<1 Jl.ltrmolive emi~~lon 11tundurda. 

Subpart I~-N3tlonal Emission Standard for 

Radfonurl!de Emlastons From Elemental 

Phot~phorua Plants 

t:1.12o ,,·P!•Iit:auil:ty. 

61.121 J::GI'jni:inns. 

61.1:.!2 Etrission stan:Juul. 

61.1?.3 l'!r:ir.sion teslinJ:. 

01.124 1'est methods &'ld procP.dun!&. 

61.1?.5 MonltoriJ'l3 of opcrutior,s. 

61.123 Wc.ivc:r ofcomplh•nce. 

Authorill': Sees. 112 and 301{B), Clean Air 

Act. u;; cmer.dt:d [42 C.S.C. 7412, 7601{a)). 

Subpart H-Natlonal Emission 

Standar:l for Radlonuclide Emissions 

From Oop<~rtment of Energy (DOE) 

Facltitlu 

§ 61.90 Desl(JnaUon of facllitiea. 

The p1 ovh!lons of this subpart apply 

to all fodlities that are owned or 

operated by the Department of Energy, 

except a•~Y facility regulated under 40 

CFR Parts 190, 191, or 192. 

§ 61.91 DeflniUona. 

(a) "Dose equivalent" mt!ans the 

product of absorbed dose and 

appropriate factors to account for 

differcn·~es in biological effectiveness 

due to the quality of radiation and its 

distribu·:ion in the body. The unit of the 

dose equh·ulent is the rt!m. 

(u) "Critical organ" means the most 

t!Xposed human organ or tissue 

exclusive of the integumentary system 

(skin) and the cornea. 

(c) "Radionuclide" means any nuclide 

that emits radi3tioo. (A nuclide is a 

species of atom characterizP.d by the 

conslitulion of its nucleus and honea by 

the numher of protons, the number of 

neutron:;, ond the enel'lly content.) 

(d) "Whole body" moons all human 

orgens ur tissue exclu!li\'e of the 

integn:nentnry &l'&tem (skin} 11nd the 

cornea. 

(e) "Effective dose equ!valent" means 

the sum of the products of the dose 

equivalents to individual organs and 

tissues and appropriate weighing factors 

representing the risk relative to that for 

an equal dose to the whole body. 

§ 61.92 Emission standard. 

Emissions of radlonuclides to air from 

DOE facilities shall not exceed those 

amounts that cause a dose equivalent of 

25 mrem/y to the whole body or 75 

mremfl• to the critical organ of any 

member of the public. Doses due to 

radon-220, rlldon-222, and their 

respective decay products are excluded 

from these limits. 

§ 61.93 Emlulon monitoring and 

compliance procedurea. 

To d~tennine compliance with the 

standard, radionuclide emissions shall 

be determined and dose equivalents to 

members of the public shall be 

calculated using EPA approved 

sampling procedures, EPA models 

AIRDOS-EPA and RADRISK, or other 

procedures, including those based on 

environmental measurements, that EPA 

has determined to be suitable. 

Compliance with this standard will be 

determined by calculating the dose to 

members of the public at the point of 

maximum annual air concentration in an 

unrestricted area where any member of 

the public resides or abides. 

List of 11pproved methods: (Reserved} 

§ 61.14 Reporting. 

(a) The following provisions of§ 61.10 

are applicable to DOE-owned facilities: 

paragraphs {bHd). 

(b) The following provisions are also 

applicable: 

(1} The owner or operator of any 

existing source, or any new source to 

which a standard prescribed under this 

part is applicable which had an Initial 

startup which preceded the effective 

date of a standard prescribed under this 

part shall, within 90 da}'s after the 

effective date, provide the following 

information in writing to the 

Administrator: 

(i) Name and address of the owner or 

operator. 

(ii) The location of the source. 

(iii) The types of radionuclidea 

emitted by the stationary source and the 

annual quantity (in Cl/y for the most 

recent calendar year) of each 

radionuclide emitted. 

(iv) A brief description of the natute, 

size. design, and method of operation of 

the stationary source Including the 

operating design capacity of such 

source. Identify each point of emission 

for E'ach hazardous pollutant. 
Federal Register I Vol. 50, No. 25 / Wednesday. February 6, 1985 / Rules and Regulations 5195 

(v) Es1imate of dose equivu lcnt rate to 

the member of the public: at the point of 

maximum annual air concentration in an 

unrestricted area where on individual 

resides or a bides. 

(vi) A description of the existing 

control equipment for euch emission 

point. 

(A) Primary control device(s) for 

radionuclide emissions. 

(D) Secondary control devicc(s) for 

radionuclide emissions. 

(C) Estimated control efficiency 

(percent) for each control device. 

(vii) A statement by the owner or 

operator of the source as to whether he 

r.an comply wi th the standards 

prescribed in this part within 90 d11ys of 

the effective date. 

All information collection provisions in 

this subpart are not effective until the 

Ofrice of Managemen t 11nd Budget 

approves them. 

(c) In addition to the reporting · 

requirements described in paragraphs 

(a) and (b) of this section, DOE shall 

submit to EPA an annual report, by June 

1, 1986, and annually thereafter, that 

includes the results of monitoring 

emissions from points subject to thifl 

final rule and associated dose 

calculations. This information sh<~ll be 

based on data collected during the 

calendar year immediately preceding 

the required date of submission of the 

onnual report. This report shall be sent 

to the Assistant Administrator for Air 

and Radiation (ANR-443), U.S. 

Environmental Protection Agency. 

Washington, D.C. 20460. 

~ 61.95 Recordkeeplng. (Reserved! 

§ 61.96 Waiver of compllence. 

To request a waiver, applicants shnll 

provide the information required in 

§ 61.nand § 61.94 (a) and (b). Waiver 

requests shall be sent to the Assistant 

Administrator for Air and Radiation 

(ANR-443), U.S. Environmental 

Protection Agency, Washington, D.C. 

20460. 

§ 61.97 Alternative emission standards. 

If a facility may exceed the values 

t!Stablished in § 61.92. DOE may apply 

to EPA for an alternative emission 

standard. The Administrator will review 

such applications and will establish an 

appropriate alternative emission 

standard that will ensure that no 

member of the public being exposed to 

emissions from the focilily will receive a 

conti nuous exposure of than 100 mrem/ y 

effective dose equivalent and a noncontinuous exposure of more than 

!\00 mrem/y effective dose equivt~len1 

from all sources. exclu.ding natural 

background and medical procedures. 

The applica tion shall include the 

following: 

(a) An assessment of the additional 

effective dose equivalents to the 

individual receiving maximum expO!mre from the facility due to all other sources. 

(b) The information required in 

§ 61.94. (c) The effective dose equivaltmt shall 

be cnlculated using the following weighting factors: 

Otgan 

(RCS&!Vod) IFIO$e1Ved) 

Requests for alternative emission 

standards shall be sent to the Assistant 

Administrator for Air and Radiation 

(ANR-443), U.S. Environmental 

Protection Agency, 401 M Street, 

Washington. D.C. 20460. 

§ 61.98 Exemption from reporting and te tlng requirements of 40 CFR 61.10. 

Facilities having emissions of 

radionuclides to air that do not exceed 

those amounts that cause a dose 

equivalent of 5 mrem/y to the whole 

body or 15 mrem/y to the critical organ of any member of the public residing or 

abiding at the point of maximum annual 

air concentration in an unrestricted 

area, are exempt from the reporting 

requirements of 40 CFR 61.10. 

Subpart !-National Emission Standard 

tor Radlonucllde Emissions From 

Facilities Licensed by the Nuclear 

Regulatory Commission (NRC) and 

Federal Facilities Not Covered by 

Subpart H · 

§ 61.100 Designation of facilities. 

The provisions of this subpart apply 

to NRC·Iicensed faciliti es and to 

facilities owned or operated by any 

Federal agency other than the 

Department of Energy that emit 

radionuclides to air. This subpart does 

not apply to facilities regulated under 40 

CFR Parts 190, 191, or 192, to any low 

energy accelerator, or to any user of the 

sealed radiation sources. 

§ 81.101 Definitions. 

(a) "Agreement State" means any · 

State with which the Atomic Energy CommiRsion or the Nuclear Regulatory Commission has entered into an 

effective agreement under subsection 

274(b) of the Atomic Energy Act of 1954, 

as amended. (b) "Dose equivalen t" means the 

product of absorbed dose and 

appropriate factors to account for 

difference$ in biological effectiveness 

due to the quality of radiulion and its 

distribution in the body. The unit of dose 

equivalent is the rem. 

(c) "NRC-licensed facility" meons any 

fac ility licensed by the Nuclear 

Regulatory Commission or any 

Agreement State to receive title to. 

receive, possess, use, transfer. or deliver 

any source, byproduct, or special 

nuclear material. except facilities 

regulnted by 40 CFR Parts 190. 191. or 

'192. 

(d)"Critical organ" nu:t.•IS the most 

exposed human organ or tissue 

exclusive of the integumentary system 

(skin) and the cornea. 

(c) "Radionuclide" means any nuclide 

thut emits radiation. (A nuclide is a 

species of atom characterized by the 

co"stitution of its nucleus and hence by 

the number of protons, the number of 

neutrons, and the energy content.) 

(f) "Whole body" means all organs or 

tissues exclusive of the integumentary 

system (llkin) and the cornco. 

(g) "Effective dose equivalent" means 

the sum of the products of the dose 

equiva lents to individual organs and 

tissues and appropriate weighting 

factors representing the risk relative to 

that for an equal dose to the whole 

body. 

§ 61.102 Emission standard. 

Emissions of rodionuclides to air from 

facilities subject to this subpart shall not 

exceed those amounts that cause a dose 

equivalent of 25 mrem/y to the whole 

body or 75 mrem/y to the critical organ 

of any member of the public. Doses due 

to radon-220, radon-222, and their 

respective decay products are excluded 

from these limits. 

§ 81.103 Emlaalon monitoring and 

compliance procedures. 

To determine compliance with the 

standard, radionuclide emissions shall 

be determined and dose equivalent to 

members of the public shall be 

calculated using EPA-approved 

sampling procedures, EPA codes 

AIRDO$-EPA and RADRISK. or othc1· 

procedures, including those based on 

environmental measurements, that EPA 

has determined to be suitable. In most 

cases, compliance with this standard 

will be determined by calculating the 

dose to members of the public at the 

point of maximum annual air 

concentration in an unrestricted area 

where any member of the public resides 

or abides. 

Lis I of approved procedures: (Reserved] 
5196 Federal Register I Vol. 50, No. 25 I Wednesday, February 6, 1985 I Rules and Regulations 

§ 61.104 Repor1!ng. [Reserved) 

§ 61.105 RecMdheplng. (Reserved) 

§ 61.106 Exemption from reporting and 

testing requirements ol40 CFR 61.10. 

Facilities in possession of a 

radionuclide in annual quantities less 

than the activity shown in Table 1 are 

exempt from the reporting requirements 

of 40 CFR 61.10. If a facility possesses 

more than one radionuclide. and the 

sum of the annual amount possessed 

divided by the equivalent activity in 

Table 1 is summed for all radionuclides 

in possession, and the sum is less than 

unity, then the facili ty is exempt from 

the reporting requirements of 40 CFR 

01.10. For radionuclides not on this list, 

a facility may apply to the 

Administrator for on exemption from the 

reporting requirements. 

Tuble 1 (Reserved) 

§ 61 .107 Waiver of compliance. 

(a) To request a waiver, applicants 

shall follow the requirements of§ 61.10 

(b)-(d). 

(b) The following provisions also apply: 

[1) the owner or operator of any 

existing source, or any new source to 

which a standard prescribed under this 

part is applicable which had an initial 

startup which preceded the effective 

daie or a standard prescribed under this 

part shall. within 90 days after the 

effective date, provide the following 

information in writing to the 

Administrator: 

(i) Name and address of the owner or 

operator. 

[ii) The location of the source. 

(iii) The types of radionuclides 

emitted by the stationary source end the 

a nnual quantity (in Ci/y for the most 

recent calendar year) of each 

radionuclide emitted. 

(iv) A brief descMption of the nature, 

size. design. and method of operation of 

the stationary source including the 

operating design capacity of such 

source. Identify each point of entission 

for each hazardous pollutant. [v) Estimate of dose equivalent rate to 

the member of the public at the point of 

maximum annual air concentration in an 

unrestricted area where any member of 

the public resides or abides. 

(vi) A description of the existing 

control equipment for each emission 

point. 

(A) Primary control device (s) for 

radionuclide emissions. 

(B) Secondary control device(s) for 

radionuclide emissions. 

[C) Estimated control efficiency 

(percent) for each control device. 

(vii) A statement by the owner or 

operator of the source as to whether he 

can comply with the standards 

prescribf:d in this part within 90 days of 

the effec ive date. 

§ 61.108 Alternative emission atandard. 

If a facility may exceed the emission 

standard established in § 61.102, the 

operator may apply to EPA for an 

alternative emission standard. The 

Administrator will review such 

applicati•)ns and will establish an 

appropriate alternative emission 

standard that will ensure that no 

member t>f the public being exposed to 

emiss on ~ from the facility receives a 

continuous exposure of more than 100 

mrem/y dfective dose equivalent and a 

noncontinuous exposure of more than 

500 mrem/y effective dose equivalent 

from all sources, excluding natural 

background and medical procedures. 

The application shall include the 

following: 

(a) An assessment of the additional 

effective dose equivalents to the 

member of the public receiving 

maximum exposure from the facility due 

to all oth·~r sources. The natural 

radiation background shall be part of 

this asSe!•Sment. 

(b) The information required in 

§ 61.107. 

[c) The effective dose equivalent shall 

be calculnted using the following 

weighti~: factors: 

Oraan WelghUng lector 

IResl!'VOd) IReJen~ecl) 

Requests for alternative emission 

standardu shall be sent to the Assistant 

Administ:ator for Air and Radiation 

(ANR-44:1), U.S. Environmental 

Protection Agency, 401 M Street SW., 

Washington, D.C. 20460. This action 

shall be taken, for existing facilities by 

April17, :1965. 

Subpart tc-Natlonal Emission 

Standard for Radlonucllde Emissions 

From Elemental Phosphorus Plants 

§ 61.120 ,,ppllcablllty. 

The prc•visions of thin subpart are 

applicabl ~ to owners and operators of 

calciners and nodulizing kilns at 

elemental phosphorus plants. 

§ 61 .121 IJeflnltlona. 

(a) "Elemental phosphorus plant" 

means any facility that processes 

phosphate rock to produce elemental 

phosphorus using pyrometallurgical 

techniques. 

(b) "Ca:ciner" or "Nodulizing kiln" 

means a unit in which phosphate rock is 

heated to high temperatures to remove 

organic material and/or to convert it to 

a nodular form. For the purpose of this 

subpart, calciners and nodulizing kilns 

are considered to be similar units. 

(c) "Curie" is a unit of radioactivity 

equal to 37 billion nuclear 

transformations (decays) per second. 

§ 61.122 Emllalon standard. 

Emissions of polonium-210 to air from 

calcinera and nodulizing kilns at an 

elemental phosphorus plant shall not 

exceed a total of 21 curies in a calendar 

year. 

§ 61.123 Emllalon teatlrl{J. 

(a) Unless a waiver of emission 

testing is obtained under § 61.13, each 

owner or operator of an elemental 

phosphorus plant shall teat emissions 

from his plant according to the following 

requirements: 

(1) Within 90 days of the effective 

date of this standard for a source that 

has an initial start-up date preceding the 

effective date of this standard; or 

(2) Within 90 days of start-up for a 

source, that has an initial startup after 

the effective date of the standard. 

(b) The Administrator shall be 

notified at least 30 days pMor to on 

emission test so that EPA may, at its 

option, observe the test. 

(c) An emission test shall be 

conducted at each operational calciner 

or nodulizing kiln. If emissions from a 

calciner or nodulizing kiln are 

discharged through more than one stack, 

then an emission test shall be conducted 

at each stack and the total emission rate 

from the calciner or kiln shall be the 

sum of the emission rates from each of 

the stacks. 

(d) Each emission test shall consist of 

three valid sampling runs. The 

phosphate rock processing rate during 

each run shall be recorded. An emission 

rate in curies per metric ton of 

phosphate rock proceased shall be 

calculated for each run. The average of 

all three runs shall apply in computing 

the emission rate for the test. The 

annual polonium-210 emission rate from 

a calciner or nodulizing kiln shall be 

determined by multiplying the measured 

polonium-210 emission rate in curies per 

metric ton of phosphate rock processed 

by the annual phosphate rock 

processing rate in melMc tons. In 

determining the annual phosphate rock 

processing rate, the values used for 

operating hours and operating capacity 

shall be values that will maximize the 

expected processing rate. For 

determining compliance with the 

emission standard of Section 61.122 the 

total annual emission rate is the sum of 

the annual emission rates for all 

operating calciners or nodulizing kilns. 
Federal Register I Vol 50, No. 25 I Wednesday, February 6, 1985 / Rules and Regulations 5197 

(e) If the owner or operator changes 

his operation in such a way as to 

increase his emissions of polonium-210, such as changing the type of rock 

processed, the temperature of the 

calciners or kilns, or increasing the 

annual phosphate rock processing rate, 

then a new emission test shall be 

conducted under these conditions. 

(f) Each owner or operator of an 

elementa l phosphorus plant shall furnish 

the Administrator a written report of the 

results of the emission test within 00 

days of conducting the test. 

(g} Records of emission test results 

and other data needed to determine 

total emissions shall be retained at the 

source and made available for 

inspection by the Administrator for a 

minimum of 2 years. 

All information collection provisions in 

this subpart are not effective until the 

Office of Management and Budget 

approves them. 

§ 6 t .124 Test method& and procedures. 

(a} Each owner or opera tor of a source 

required to test emissioiU under 

§ 61.213, unless an equivalent or 

alternate method has been approved by 

the Administrator, shall use the 

following test methods: 

(1) Test Method 1 of Appendix A to 

Part 60 shall be used to determine 

sample and velocity tra verses: 

(2) Test Method 2 of Appendix A to 

Part 60 shall be used to d etermine 

velocity and volumetric flow rate: 

(3) Test Method 3 of Appendix A to 

Part 60 shall be used for gas a nalysis. 

(4) Test Method 5 of Appendix A to 

Pa rt 60 shall be used to collect 

particulate matter containing the 

polonium-210; and 

(5) Test Method 111 of Appendix B to 

this part shall be used to determine the 

polonium-210 emissions. 

§ 61.125 Monitoring of operations. 

(a) The owner or operator of any 

source subject to this subpart using a 

wet-scrubbing emission control device 

shall install. calibrate. maintain, and 

operate a monitoring device for !he 

continuous measurement of the pressure 

loss of the gas stream through the 

scrubber. The monitoring device must be 

certified by the manufacturer to be 

accurate with ±250 pascnls (±1 inch of 

water). Records of these measurements 

shall be maintained at the source and 

made available for inspcclion by the 

Administrator for a minimum of 2 yea rs. 

(b) The owner or operator of any 

source subject to this subpart using a n 

e lectrostatic precipitator control device 

shall install, calibrate. maintain. and 

operate a monitoring device for the 

~ontinuous measurement of the primary 

and secondary current and the voltage 

'in each electric field. Baseline operating 

values for these parameters shall be 

maintained with ±30 percent of their 

baseline operating values. 

(c) For the purpose of conducting an 

emissiop test under Section 61.123, the 

owner or operator of any source subject 

to the provisions of this subpart shall 

install, calibrate, maintain, and operate 

a device for measuring the phosphate 

rock feed to any affected calciner or 

nodulizing kiln. The measuring device 

used must be accurate to within±S 

percent of the mass rate over its 

operating range. 

§ 61.126 Waiver of compliance. 

(a) To request a waiver, applicant:! 

shall follow the requirements of 

§ 61.10(b}-(d). 

(b) The following provisions also 

apply: 

(1) The owner or operator of a ny 

existing source, or any new source to 

which a standard prescribed under this 

part is applicable which had an initial 

startup which preceded the effective 

dote of a standard prescribed under this 

part shall, within 90 days after the 

effective date, provide the following 

Information in writing to the 

Administrator: 

(i) Nome and address of the owner or 

operator. 

(li) The location of the source. 

(iii) The annual quantity of polonium210 emitted (in Ci/ y for the most recnnt 

calendar year). 

(iv) A brief description of the natm·e. 

size, design, and method of operation of 

the stationary source including the 

operating design capacity of such 

source. Identify each point of emission 

for each hazardous polluta nt. 

(v) The average amount of poloniu:n210 being processed by the source over 

the last 12 months preced ing the date of 

the report. 

(vi} A description of the existing 

control equipment for each emission 

point. 

(A) Primary control device(s) for 

radionuclide emissions. 

(B) Secondary control device(s) for 

radionuclide emissions. 

(C) Estimated control efficiency 

(percent} for each control device. 

(vii) A statement by the owner or 

operator of the source as to whether he 

can comply with the standards 

prescribed in this part within 90 days of 

the effective date. 

2. Appendix B to Port 61 is amended 

by adding Test Method 111 as follow:1: 

Appendix B-{Amended) 

Method 111-Determination of Polonlum·210 

Emissions From Stationary Sources 

Performance of this me!hod should not be 

allempted by persons unfamiliar with the use of equipment !or measuring radioactive 

disintegration rates. 

1.0 Applicability and Principle. 

1.1 Applicability 

This method is appilcable to the 

determination of polonium·2.10 emissions 

in particulate samples collected in stack 

geoes. Samples should be analyzed within 30 days of col!eC1ion to minimize 

error due to growth cC polonium-210 from 

any lead-210 present In the sample. 

1.2. Principle 

A particulate sample is cotlccted from 

stack gases as described in Method 5 of 

Appendix A to 40 CFR Part 60. The 

polonium-210 In the sample is put in 

solution. deposited on a me tal disc. and 

the radioactive dis;ntcgration rate 

measured. Polonium in acid solution spontaneously deposits on surfaces of 

metals that are more electropositive than 

polonium. This principle is routinely used 

In the radiochemical analysis of 

polonlum-210. 

2.0 Apparatus. 

2.1 Alpha spectrometry system consisting of a multichannel analyzer, biasing 

electronlca, silicon surface banier 

detector, vacuum pump and chamber. 

2.2 Constant tempersture bath at 85 ·c. 2.3 Polished silver discs, 3.8 em diameter, 

0.4 nun thick with a small hole near the 

edge. 

2.4 Class beakers, 400 ml, 150 mi. 

2.5 Hot plate, electric. 

2.6 Fume hood. 

2.7 TeUon 1 beakers, 150 mi. 

2.8 Magnetic stirrer. 2.9 Stining bar. 2.10 Plastic or glass hooks to suspend 

plating discs. 2.11 Internal proportional counter for measuring alpha particles. 

2.12 Nuclepore 1 filter membranes, 25 mm diameter. 0.2 micrometer pore size or equivalent. 

2.13 Plancbets, stainless steel, 32 mm 

diameter with 1.5 mm lip. 2.14 Transparent plastic tape. 2.5 em wide 

with adhesive on both sides. 2.15 Epoxy spray enamel. 

2.16 Suction filter apparatus for 25 mm 

diameter filter. 

2.17 Wash bottles, 250 ml capacity. 

2.16 Plastic graduated cylinder. 25 ml capacity. 3.0 Regents. 

3.1 Aswrbic acid. Reagent grade. 

3.2 Ammonium hydroxide (NH.OH) 15 M. 

Reagent grade. 

3.3 Distilled water meeting ASTM 

specifications for Type 3 Reagent Water. 

ASTM Test Method D 1193- 77 

(incorporated by reference-Section 

61.18). 

3.4 Ethanol (C.H,OH). 95 percent. Reagent 

grade. · 3.5 Hydrochloric acid (HCI), 12M, Reagent 

grade. 
5198 Federal Register I Vol. 50, No. 25 I Wednesday, Februury 6, 1985 I Rules and Regulations 

3.6 Hydrochloric acid. 1 M. dilute 63 ml of 

the 12M Reagent grade HCrto 1 li1er 

with distilled water. 

3.7 HydroOuoric acid (HF). 29M, Reagent 

grade. 

3.6 Hydrofluoric acid, 3M. dilute 52 ml of 

the 29M Reagent grade I IF to 500 ml 

with distilled water. Usc a plastic 

graduated cylinder und storage bottle. 

3.9 Lanthanum carrier. 0.1 mg Le •s;ml. 

Dissolve 0.076 gram Reagent grade 

lanthanum nitrate, la(N0.).·6H.O in 250 

ml o£1 M HCI. 

::1.10 Nitric acid (HNO,). 16M. Reagent 

grade. 

3.11 Perchloric acid (HNO,). 12M, Reagent 

grade. 

3.1 Z Polonium-209 solution. 

3.13 Commercial silver cleaner. 

3.14 Oegreaser. 

3.15 Standard solution of plutonium or 

americium. 

3.16 Volumetric flask. 100 ml, 250 mi. 

4.0 Procedure. 

4.1 Sample Prcpornlton 

4.1 .1 Place filter collected by EPA Method 5 

of Appendix A to 40 CFR Part 60 in 

Tenon beaker. add 30 ml of 29 M 

hydrofluoric acid. and evaporate to noor dryness on hot plate in a properly 

operating fume hood. Caution: Do not 

allow residue to go to dryness and 

overheat. This will result in a loss of 

polonium. 

4.1.2 Repent the procedure described in 

Section 4.1.1 until the gloss fiber filter Ia 

dissolved. 

4.1 .3 Add 100 ml of 16M nitric acid to 

residue in Teflon beaker and cvuporate 

to near dryness. Caution: Do not o Jlow 

residue to go to dryness and o.verheat. 

4.1.4 Add 50 ml of 16M nitric ocid to 

rest due from Section 4.1.3 and heu t to 65 

·c. 4.1.5 Transfer acid solution into 11 150 ml 

glass beaker and add 10 ml of 12M 

perchloric acid. 

4.1.6 Heat acid mixture until denst 

perchloric acid fumes arc evolved. 

4.1.7 Dilute sample with 1M HCI to u 

volume of 250 mlin a volumetric nosk. 

4.2 Sample Screening 

The samples are checked for rediouctivity 

levels to avoid contominaton of the alpha 

spectrometry system. Use the following 

screening method: 

4.2.1 Twenty ml of 1 M HCI arc added to a 

ISO ml beaker. 4.2.2 One ml of the lanthanum currier 

solution. 0.1 mg lanthanum per mi. is 

odded to beaker. 

4.2.3 A 1 ml aliquot of solution from Sec.:tion 

4.1.7 is added to the beoker. 

4.2.4 Three ml of 15 M ammonium 

hydroxide are added to the beuker. 

4.2.5 The solutiOn from Section 4.2.4 is 

ullowed to stand foro minimum of 30 

minutes. 

4.2.6 The solution is filtered through a filter 

membrane using suction. 

1\.2.7 The membrane is washed with 10 ml of 

disttlled water end 5 ml of ethAnol. 

• Mention ol registered trade names or epectfic 

product• does not constitute endorsement by fhe 

Envtronmcntsl Protection Agency. 

4.2.8 11t~ membrane is allowed to uir dry 

and then mounted. filtration side up, on a planchet lined with doublr do plustic 

!ape. · 

4.2.9 The membrane is rndiouu;.ycd usinR 

un internal proportional nlphu c.;ounter. 

4.2.10 The< r.tivity of the original Hulution 

from So:rtlon 4.1.7 iR colculntcd usi n11 Eq. 

111-1. 

(Eq. 111-1) 

25o c.-e~ P . . ·---·· -

2.22 E1 AcT 

where: 

p, .total octil'ity of original solution f1uflt 

Section {1.1.7, In pCi. 

Cs~" total counts of screening somplc. ~ · totRI cottnts of procedurc !Jac.kllrountl. 

(Sec 4.6). 

(Eq. -~1 

E, . . counting efficiency os determined in 

Section 6.0. counts per minute per 

disintegration per minute. 

2.22= disintegrations per minute p<:r 

picocurie. 

A~, :t.Jiquot used In Section 4.2.3 in mllf 

different from 1 mi. 

T- count•ng time in minutes for sample end 

background (which must be equal). 

:!SO=volumfl of solution from Section 4.1.7 in 

mi. 

4.2.11 Dehmnine the aliquot volume of 

Rolutlon from Section 4.1.7 to be 

analyzed for polonfum-210 using results 

of the calculation described in Section 

4.2.10. The aliquot used should contain 

ttn or.ti\ ity between 1 and 4 picocuries. 

z:;o (tluijlred icocurie~ In ali~ t} . 

/\ · 

Aa· Rliquotto be anolyzcd In mi. 

P=- total Rctit·ity. as calculoted with Eq. 111-

1. 

4.:. Preparo1 on of silver <.lise for 

spontam·o~:s electrodepoeitiou. 

4.:1.1 Clean both sides of disc with u rnild 

abrasive commercial ~liver cleaner. 

4.3.2 Clean both sides of disc with 

degreaser. 

4.3.::1 Place disc on absorbent povr.r und 

spray onr side! with P.poxy spray euumel. 

This 11hoJid be carriPct out in a well· 

ventilated area. with the disc lyinR flat to 

keep pol'lt on one side only. 

4.3.4 Allow paint to dry for 24 hourH hr.forP 

using ~ for deposition. 

4.4 Sample 1\.nalyals 

4.4.1 Add t~e aliquot of eolutlon from 

Section t-.1.7 to be anuly1:ed as 

determined in Section 4.2.11 to a :tuitable 

200 ml c<ontoiner to be placed in u 

constant temperature bath. Notr.. uliquot 

volume nay require o larger contuiner. 

4.4.2 Add on aliquot of polonium·209 tracer 

ROlution (see Section 7.0) that contains 

approximately the some amount of 

tJctlvity ItS that in the aliquot of thll 

60mplt: I•> be analyzr.d as dch!rminetlln 

Section ~.2.11. 

4 .4.:1 II nec£uory. bring the volume to 100 

ml with 1. M HCJ. If the aliquot volume 

exceeds 100 ml, use total olir:uot. 

4.4.4 Add :we mg of ascorbic acid unJ heat 

solution to 65 'C in a constant 

temperature bath. 

4.4.5 Stirrin ~ of the solution must b" 

maintained while the solution is in the 

constant temperature both for plating. 

4.4.6 Su8pend a silver disc in the heated 

solution using a glass or plostic rod with 

u hook Inserted through the hole in the 

disc. Th( disc should be totally immersed 

in the so' utlon at all time. 

4.4.7 Maintuin the disc in solution for 3 

hours w!oile stirring. 

4.4.8 Remo' e the silver disc. rinse with 

distilled water and allow to oir dry at 

room temperture. 

4.5 Meesurc·ment o( Polonium-210 

p 

4.5.1 !'lace the silver disc. with deposition 

side (unpainted side) up, on a planchet 

and secure with double-side plastic tape. 

4.5.2 Place the planchet with disc in alpha 

spectrometry system and count for 1000 

minutes. 

4.6 Determination of Procedure Background 

Background counts used In all equations 

~~re determined by performing the 

specific analysis required using tlie 

unalytlcal reagenta only. This should bo 

repeated every 10 analyses. 

4.7 Determination of Instrument Background 

Instrument backgrounds of the internal 

proportional counter and alpha 

spectrometry system should be 

determined on a weekly basis. 

Instrument background should not 

exceed procedure background. If this 

occurs. It may be due to a malfunction or 

contamination. 

5.0 Calculation of Po/onium-210 Activity. 

5.1 Calcula te the activity of polonium-210 

on o sample filter using Eq. 111-13 

J-:q. 111-~1 

CreeL A - .. 

2.22 Ev Ec T D 

..l:t(:: 

o:pico~urics of polonium- 210 per filter. 

CT'" totul counts In polonlum-210 spectral 

TCfliOn. 

' Cu'" procedure background counts in 

polonlu:n-210 spectral region. 

1.· dilution foetor. Tnis is the volume in ml of 

solution In Section 4.1.7 (250 ml) divided 

by volume in ml used in Section 4.4.1. 

2.22: .disintegrations per minute per 

picocurie. 

Ev' ·fraction of polonium recovered on the 

planchet. Civen by: 
Federal Register I Vol. 50. No. 25 I Wednesday, February 6. 1985 ./ Rules and Regula tions 5199 

S,.- Be 

2.22 f Ec T 

whcrn: 

S,.= polonium-209 tracer counts in sample. 

Br. = procedure hackground counts measured 

in polonium·Z09 spectral region. 

f =nctivity in picocuries of polonium-209 

added to sample-from Eq. 111-7. 

2.22= disintegrations per minute per 

picocurie. 

Ec= See below. 

T= See below. 

E.:=counting erliciency of d.:tector used. 

given by Eq. 111~. as counts per minute 

per disintegra lion per minute. 

T"" counting time, specified in Section 4.5.2 

und 7.1 t as t OOO.minutes for all alpha 

spectrometry sample and backgrou.nd 

counts. 

0 ,.,. decoy corTection for time "t'' (in days) 

from ~a mple collection to snmple 

counting. given by: 0=,-'"''

1

" 

5.2 Procedure for Calculating Emission Rate 

in Curies per Metric Ton of Phosphate 

Rock Processed 

Calculate the polonium-210 emission per 

metric ton of rock processed from each 

run at each stack using equation 111-4. 

The emission rate from each stack is 

detemined by averaging the emission 

ra tes calculated for each of the three 

runs at each stack. 

(Eq. 111-4) 

Where: 

lX tO-•• A Q50 

Rs= 

R, = emission rate from stack. in curies of 

polonium-210 per metric ton of rock 

processed. 

A = picocuries of polonium-210 in filter 

sample as determined by A in Eq. 111-3. 

Qs0 -volumetric now rate of effluent stream 

In dry standard m'/hr as determined by 

Method 2 of Appendix A to 40 Cf'R Part 

60. 

V, n= total volume of air sample in dry 

standurd m' as detemined by Method 5 

of Appendix A to 40 CfR Part 60. 

M11 = rock processing ra te during sampling in 

metric tons/hr. 

1 X to-"=curies per picocurie. 

5.3 Average Stac.k Emission Rate 

Calculation 

Oetemine the average stack emission rate 

from the average of the three emission 

rates calculated in Section 5.2. Perform 

these calcula tions for each stack of each 

calciner. · 

5.4 Calciner Emission Rate Calculation 

O~temine each calciner's emission rate 

(X,) by taking the sum of the emission 

rat es from all stocks of each calciner. 

5.5 Annual Polonium-210 Emission 

Calculation 

Oetemine the annual elemental 

phosphorus plant emissions of polonium210 by taking the sum of emission rates 

at each calciner (X1 in 5.4) end 

m:oltiplyin:; ihis sum by the nnnual metric 

tons of pho~phate ro<.k procossed by that 

calciner. according to Eq. 111-5. 

(Eq. 111- 5) 

Where: 

S=)(, M, + X. M2+. + X .• M, 

S=annual polonium-210 emissions in curies 

from the elemental phosphorus plant. 

x, =emission rate from a calciner (I) in curies 

per metric ton. as determined in Section 

5.4. 

N= number of calciners at the e lemental 

phosphorus plant. 

M, = phosphate rock processed per yeor. in 

metric tons for each calciner. 

0.0 Standordizat.ian af Alpha Spectrometry 

System. 

6.1 Obtain a standardized solution of an 

olpha-emiuing actinide element such a s 

plutonium-ZJ9 or omerlcium-241. Add o 

quantity of the standardized solution to a 

100 ml volumetric nask so tho t the final . 

concentration when d iluted to a volume 

of 100 ml will be approximately 1 pCi/ml. 

Add 10 ml of16 M HNO, end dilute to 

100 ml with distilled water. 

6.2 Add 20 ml of 1 M HC1 to each of six 150 

ml beakers. 

6.3 Add 1.0 ml of lanthanum carrier. 0.1 mg 

lanthanum per ml, to the acid solution in 

each bea ker. 

6.4 Add 1.0 ml of actinide solution from 

Section 6.1 to each beaker. 

6.5 Add 5.0 ml of 3 M HF to each beaker. 

8.6 Cover beakers and allow solutions to 

Stand for B minimum Of 30 minuteS. 

6.7 Filter each solution through o filter 

membrane using this suction filter 

apparatus. 

6.8 After each filtration, wash the filter 

membrane with tO ml of distilled water 

and 5 ml of ethanol. 

6.9 Allow the filter membra ne to air dry on 

the filter apparatus. 

6.10 Carefully remove the filter membrane 

and mou.nt with double-side tape on the 

inner surface of a planchet. Mount filter 

with filtration side up. · 

6.11 Place planchet in en a lpha 

spectrometry system and count each 

planchet for 1000 minutes. 

6.12 The counting efficiency of each 

detector can be calculated using Eq. 111-

6. 

(Eq. 111~) 

where: 

C.= gross counts in actinide peak. 

C1 =background counts in same peak area as 

c,. 

2.22=disintegraUons per minute per 

picocurie. 

AA,.. picocuries of actinide added. 

Ec=counting efficiency. counts per minute 

per disintegration per minute. 

T=counting time in minutes. specified in 

Section 6.11 as 1000 minutes. 

6.13 Oetermire the averilge counting 

e fficie ncy for each detector by 

calculating the average of the six 

c:!e terminotions. 

7.0 Preparation of Standardized Solutio:1 of 

Polonium-209. 

7.1 Ob tain polonium-209 solution fro~ an 

available supplier. Add a quantity of the 

Po-209 solution to a 100 ml volumetric 

flask so that the final concentration 

when diluted to a 100 ml volu.T.e will be 

approximately t pCi/ml. Add 10 ml of 16 

M H/1!0, and d ilute to 100 ml with 

dis!iUed water. 

7.2 Add 20 ml o f 1 M HCI to each of six 150 

ml beakers. 

7.3 Add t .O ml of lonthunum carrier, 0.1 mg 

lanthanum per ml, to the acid solution in 

each beuker. 

7.4 Add 1.0 ml of polonium-209 tracer from 

Section 7.1 to each beaker. 

7.5 Add 3.0 ml of 15M ammonium 

hydroxide to each beaker. 

7.6 Cover beakers and allow to stand foro 

minimum of 30 minutes. 

7.7 Filter the contents of each beaker 

through a separate filter membrane. 

7.6 After each filtration. wash membrane 

with 10 ml of distilled water a nd 5 ml of 

ethanol. 

7.9 Allow filter membrane tn dry on filter 

apparatus. 

7.10 Carefully remove the filter membrane 

and mount with double-side tape on· the 

inner surface of a planchet. Mount filter 

with filtra tion side up. 

7.11 Place planchet in alpha spec trome try 

system and count each planchet for 1000 

minutes. 

7.12 The activity of the polonium solution 

can be calcul ated using Eq . 111-7. 

(Eq. 111-7) 

f = 2.22 Ec T 

where: 

f = activity of polonium-209 solution. in pCi. 

C~ gross counts of polonium-209 in the 4.88 

MeV region o f the spectrum in the 

counting time T. 

C8 =background counts In the 4.88 MeV 

region of spectrum the in the counting 

. timeT. 

2.2.2=disintegrallons per minute per 

picocurie. 

Ec= counting efficiency of detector used. 

counts per minute per disintegration per 

minute. 

T=counting time. specified in Section 7.11 as 

1000 minutes. 

7.13 Determine the average activity of the 

polonlum-209 solution from the six 

determinations. 

7.14 Aliquots of the solution £rom Section 

7.1 are to be used as tracer with each 

polonlum-210 analysis. 

8.0 Standardization of Internal Proportional 

Counter. 
5200 Federal Register I Vol. 50. No. 25 I Wednesday. Februury 6, 1985 I Rules and Regulations 

· 6.1 O!Jto in a standardized solution of 1111 

olpha·crniling u<.:linitlc clement such as 

pluto nium-239 or Ol i1C ric ium·241. 1\dd 11 

qu«ntily of the stondardiz~:t.l solution to a 

100 ml volumctnc flask so tho t the fino) 

concentration when diluted to a tOO ml 

volume will be approximately tOO pCi/ 

mi. Add 10 ml of 16M IINO, nnd dilute 

to 100 ml wilh distilled wtJter. 

6.2 Add 20 ml of l M IIClto e~ch of six 150 

ml beokers. 

8.3 Add 1.0 ml of lunthanum t:urrif:r. 0.1 mg nth~num per ml. to the ncicl aolution in 

!'tlch beaker. tl.-1 Add 1.0 ml of the uctinide solution from 

Section 8.1 to each beaker. 

6.5 Add 5.0 ml of 3M HF to cuch beaker. 

A 0 Cover beakers and allow solutions to 

stand for o minimvm of 30 minutes. 6.7 Filter each solution through a filler 

membrane using the suction filter 

appara tus. 

6.0 After each filtrati on, wash membrane 

with 10 ml of distilled ~ler end 5 ml of 

ethanol. 

8.9 Allow filter membrane to dry on fiJter 

appa ratus. 

8.10 Carefully remove filter membrane and 

mount with double-side tope on the inner 

AurfliLI! of II planchet. Mount filll•r with 

J'iltrotivn >ide up. 

6.11 Pl11cv piMnchel in inlcrnul pruporliouol 

counter a .1d count fo r 100 minuh•s. 

8.1:! The counting efficiency of the inlt:mal 

proportio:1al counter is determined us 

follow~ from the six samples: 

(F.q.11Hl) 

where: 

c,- c. 

2.22 A• T 

E1= counting dficiency or proportiunnl 

counter. c.ounts per minute per 

dislntegrhlion per minute. 

C~ :-: gross counts of standard. 

C8 == gross counts of procedure buckgrunnd. 

2.22:: disintegrations per minute per 

picocurie 

A.= picocuriH of actinide added. 

Tecounting time ln minutes, specified In 

· Section 6.11 as 100 minutes. 

11.1 :1 Determine the overage counting efficiency of the six de term nation~. 

!1.0 Quality Assurance. 

11.1 General Requirements 

11.1.1 All analysts using this method a re required to demonstrate their ability to 

use the e~ethod and to define their 

respective accuracy and precision 

criteria. 11.1.2 The minimum requirements for the 

nstablishment of accuracy and precision 

criteria is four replicate analyses of on 

externally prepared performance 

evaluation sample. 11.2 Specific Requirements 

R.Z.l Eech sample will be analyzed In 

duplicate. 

11.2.2 Every tenth sample will be an 

externally prepared performance 

eveluation sample submitted by the 

Quality Assurance Officer. 

11.2.3 Duplicate meusurcments are 

considered acceptable when the 

difference between them is less than two 

Rtandard deviations as described in EPA 

fl(X)/4-77-()()1 or subsequent revisions. 

(1-'H Doc. ~2321 Filed 2-S-85; 6:45 om) 

81LLIHO COO£ es.o-50-M