### 5190 Federal Register 

# I Vol. 50, No. 25 

# I Wednesday, February 6, 1985 

# I Rules and Regulations
ENVIRONMENTAL PROTECTION A

GENCY 40 CFR Part 61 (AO-FR L- 2764-71 

### National Emission Standards for Hazardous Air Pollutants; Standards for 

### Radlonuclldes A

GENCY: 

### 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 l evels from these three source categories are not hazardous, radionuclides cannot properly be delisted 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 i ts 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 INFO RMATION CONTA CT: 

### 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

Distric t of California. pursua nt to the citizens· suit prov ision of th e A ct (Siura 

### Club v. 

### Ruckelshaus. No

. 84-0656 WHO)

. On j uly 25. 1984 , the Court granted Sie!Ta Club 's s ummary judgment motion and ordered EPA to promulgate st anda rds or make a finding that radionu cl ides are not a hazardo us air pollutant within W days of the clate of the ord er .

On October 23. 1984, EPA withdrew its proposed standards fo r radio ouclide emissions from the foll owing categories: (1) elemental phosphorus plants: (2) DOE facilit ies; (3) NRC ·Iicensc d facilities and non-DOE Federal facilities; and (4 ) 

### underground uranium m ine s. T he Agency also affirmed its origi nal decision not to regu la te emissions from the five other source categories consider ed ( 49 FR 43906, October 31

. 1984)

. The proposed s tandards for the first three categories were withdrawn because the A dministra to r determi ned that cu rrent prac tice provides an ample margi n of &afety in protect ing the public health from the hazard s associuted with expo11.ure to radionu clides from th!!se source s.

In the case of underground uranium minea, the Administrator withdrew the proposed a tand a r d becau se it did not meet the legal requirements of section 112 of the Clean Air Act. Simultaneous with t his action

. the Agency publis hed an Advance Noti ce of Proposed Rul emaki ng for rad on-222 emissio ns fr om underground uranium mines to solicit add iti onal information on control methods such as bulkheading and ot her forms of operatio nal controls for radon222 which would meet the legal requirements

**o~** 

### section 112 ( 4 9 FR 43915. October 31. 1984)

.

On October 31. 

### 1964 , Lhe U.S

. District Cou rt, Northern Di strict of Calif ornia issued a. n order requiring the Adm inistrator 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 con sider the i s sue . ln a ruling on DC(;ember 11 , 1984. the Court found tlle Administrator and the Ag ency in con temp t sod ordered the following remedial action:

1

. (a) Issue within 30 days of the date of the order final radionuclide emi s sion standards for D OE f acilities. NRClicen sed and non-DOE F ederal focili ties. end elemental phosphorus plants. and

(b) Issue within 120 days of the date of the ord er final radionuclide emission s tandard s for uranium mines: or

2

. Make a f mding based on the mformation presented at hearings during the ru lemaking , that radionuclides ere clearly not a hazardous pollutant. On December 21. 19 84

. EPA requested a s tay of th e Dist rict Court's order; this request wd& 

### den ied on januory 

### 3, 19!!5

. The Agency subsequently requested A 

### slay f rom the 9th Circuit Court of Appeals on jan uary 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. Th ese efforts also f ailed. Therefore. to comply with the District Court's EPA is promulgating s tandards for radionuctide emission11 to air from DOE faci lities. NRC-licensed and non -DOE Federal fac ilities. and elemental phosphorus plants. L itigat ion regarding these three standards is con ti nuing. Ill

. Summary of Decision

As stated abo ve, EPA w ithdr ew proposed standa rds f or the three categories that are the subject of thil• n otice b ased on the judgment that emissions from--these source categories are presently controlled at levels that provide an ample margin of

.sa fety in 

### protec ting public hea lt h fr o m the haz ards associated with exposure to airbo m e. radi on uclides. ln reaching l'lls judgment, EPA considered t he available evidence. including public comments on Its proposed standards and informat ion developed s ince that prop osal.

In th e cas e of DOE facilities and NRClicensed an d non-DOE Federal f acilities, the risk wa s judged too small to warrant reg ulatio n . Since the beginning of r egula ti on under section 112, EPA ha1 interpreted this section as not requiri ng regulation in cases where the risks fr om a category of sources do oot exceed n certain minimum threshold. lndeed. contrary interpretations lea d to results tbal are hard to defend from any logi.:al or poli cy perspective. The risks prese nted by radionuclide emissions fr om th es e source categories are not as gr

eet as risks that EPA has f ound insufficient to trigger regulation in pr i or rulemakings under sect io n 112

. The health gains from regulation, as represen ted by the difference between th e risk before and after regulatio n, are smaller still.

In the case of eleme ntal phosphorus plants, the risks are also very small. In addition. the cost of controls compared to t he amount that the ris k is reduced is f er higher than EPA has imposed in prior regulatory decisions under section 11 2.



### At the same time. EPA believed that radionuclides cou ld not properly be delisted because a fourth category of s ources. uranium mines. did emit radionuclides in amounts that appeared to warrant regulation.

None of these circumstances has changed since October 23. EPA c on ti nues to believe that it s ori ginal position wa s correc t and hopes that fut ure litigation 

### will permit the Agency to return tcf th a t posit ion. Ho wever. the District Court's December 11 order and the sub sequent denials of stays. compel issu anc e of standards for these three ca tegories absent a decision by EPA to delist radio nucli des. For the rea sons di scusse d in detail in th e Adv ance Notice of Proposed Rulemaking for underground uranium mines and the Federal Register not ice published on October 31, EPA cannot conclude that radionuclides are clea rl y nol hazardous. and thereby delist.

Th e standards estab li s h

ed today limi t rodionuclide emissions from DOE f acilities to a n amount that causes a dose equivalent rate of 25 m rem /y to the whole body or a do se e quivalent rate of 75 

### mrem/y to the critical or gan of any memb er of the public

. This s tandard excludes doses du e to radon -220 , radon · 222. and their respective decay products

. For NRC-licensed end non-DO E Federal fa ci lities. EPA is promul ga t ing a standard which limits radionuclide emissions from thes e f acilities 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 do ses due to radon -220. rado n-222. and their respective decay produc ts. EPA will grant a waiv er or the limits 'of 25 mrem/y to the wh ole body or 75 

### mrem/y to the critical organ of any member of the public and issue alternative standards, if 

### a f acility operator demonstrates that no member of the public will re ceive 8 

### continuous expo sure of more then 100 mrem/y effective dose equival en t and a non contin uous exposure of more than 500 mrem/y effective dose eq u ivalent from all so urces. excluding natural b ackground and medical procedures. ln 

### the case of elemental phosphorus plants. EPA is promulgating 8 

### standard which limits the total emiss ion s of po loniu m210 from calciners and nodulizing kilns at the se plants to 21 Ci/y. These limits will assure that emissions do not increase over present levels. IV

. Rati onale for Standards A

. Department of Energy Facilities 

### The DOE administers many government-own ed. contractor-operated f acilities that em it readionuclides to t he ai r . Operations at t hese facilities include research and development

. productio n of nuclear weapons . enrichment of uranium and productio n 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, 

### ifDOE 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

**eq t~:**  **t:Ient** 

### from allso:.trces, excluding

**n;•h;: ~tl**  

### b.u:kgl'Omtd and med:cal

**pmr~e~~Hs.** 

### 1hi& (•rev i sion 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 mem ber

.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

- LicensedJo'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 ex e mpted because EPA concludecl that emissions from the se sources ure negligible (49 FR 4 3906, 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. po lo nium-2 10 and lead210. contained in the phosphate rock art: volatilized by the high temperatures in the plant calciners

.

The Agency estimates that the totu l popul atio n risk from radionuclide emissions to air from all elemental phosphorus plants in about 0.06 f atal 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 tot al 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 te chno logy 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 po ssibly other waste products from these plants have significantly increased the n a tural background radiation levels in ports of the communities. In particular. pho sphate slag fro m th ese plants has been wide ly 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 ris ks 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 Provisi ons The general provisions of 40 CFR Part 61 , Subpart A apply to all sources reg ulated 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 f or 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 impl emen ting 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" delega 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 f or the radionuclide final rules. When EPA entered into these agreements , the Slate's capabilities and expertise with .respect to radionuclides were not cons i dered. Therefore, States must reapply for delegation in the case of radionuclide fina l rules. D. Measurement Te chniques and Waivers 

### ofCompliance

The Agency recognizes that today's notice does not contain descriptions of EPA's approved measurement techniques for measuring emiss ions and estimating dose. The Agency will publish a list shortly of methods it believes suitable for the purpose o f implementing its fina l 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 Divis ion (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 fa cilities. 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 recordke ep ing requirements of this rule. us well as requests for waivers

. shall f ollow the provisions of§ 61.10, except os otherwise noted in th is rule. F. Ex ecutive Order 12291

Under Executive Order 12291. issued February 17, 1961, EPA must judge whether a rule is a "major rule" and, th erefore, requires that a Regu lator y 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 abil i ty o f United States enterprises to compete with foreign enterprises in do m estic or f oreign 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 rul e 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. R egulatory Flex ibili ty 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, ActingAdmillistrotor. 

### 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 faci lities. 61.91 Definitions

. 61.92 Emission standard. 61.93 Emission monitoring and compl!anr.e procedure s. 61.94 Report ing. 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. (Reser v ed) 61.'1 C:i R

**~~cordkee pil'~.**  

### I Reserved) 61

. 1Cu b c mp tion frum reporliJlP. and 

### testing

**req;~iremr.nts of~**  CFR 61

. 10. 61.1'>7 \'l',lhP.r of com pliance. 61.10<1 Jl.ltrmolive

**em i~~lo** 

**n** 11tundurda. Subpart

**I~-N3tlonal** Emission Standard for Radfonurl!de Emlastons From Elemental

**Phot~phorua** Plants t:1.12o ,, ·P!•Iit:a uil :ty

. 61.121 J ::GI'j ni:inns. 61.1:.!2 E t rission stan:Juul

. 61.1?.3 l' !r:ir.sion teslinJ:. 01.124 1'est methods &'ld procP.dun !&. 61.1?.5 MonltoriJ'l3 of op crutior,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 t his 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 appropr i ate factors to account for

**differcn ·~es**  

### in biological effectiveness due to the quality of radiation and its distribu
·:ion in the body. The uni t 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" mo on s 

### all human orge ns 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 respec tive 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 determ ined 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 : paragra phs {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 add ress 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 t he member of the pub lic: 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 contro l devi ce (s) f or radio nuclide emissions.

(D) 

### Secondary control devicc(s) for rad io nuclide emissions.

(C) 

### Estimated control efficiency (percent) f or each control devic e. (vii) A statement by the o wner or operator of the source as to whether he r.an co mply wi t h the standards prescribed in this par t within 90 d11ys of the effec t ive date. All information colle c ti on provisions in this subpart are no t effective until the Ofri ce of Managemen t 11nd 

### Budget approve s them.

(c) In addition to the rep orting · re quire ments desc r ibed in paragraphs (a) and (b) of this section, DOE shall sub mit to EPA an a nn ual report, by June 1 , 

### 1986, and annually therea ft er, th at inc ludes the results of monitoring emissions from points subjec t to thifl final rule and associated dose calculation s. This inf orm a ti o n

**sh<~ll** 

### be based on data collected during the ca lendar year immediately preceding the r equired date of submission of the onnual report. Th is report shall be sent to the Ass is ta nt Administrator f or Air and Radiation (ANR-443), U.S. Environmental Protection Agency

. Washington, D .C. 20460

.

**~** 

### 61.95 Recordkeep lng . (Res erved! § 

### 61

.96 Waiver of compllence

.

To request a waiv er, app lican ts s hnll prov ide the information required in § 

### 61.nand § 

### 61.94 (a) and (b). Waiver requests shall be sen t to the Ass is ta n t Administrator for Air and Radiat ion (ANR-443) , U.S. Envi r onmental Protection Agency, Washington , D.C

. 20460. § 61.97 

### Alternative emission standards.

If 

### a facility may exceed the val ues t!Stablis hed in § 

### 61.92. DOE may apply to EPA for an alternative emission standard. The Administrator wi ll review such applications and will establish an appropriate alternative emission standard th at will ensure that no m

embe r of t he public being exposed to emiss ions from the f ocilily will receive a con ti nuous expos ure of than 100 mrem/ y effective dose equivalent and a noncontinuous exposure of more than !\00 mrem/y effective dose

**equivt~len1** 

### from all so urces. exclu

. di ng natural background an d medical procedures. 

### The applica tion 

### shall in cl ude the following:

(a) An assessment of the additio na l effective dose eq uivalents to the individual receiving maximum expO!mre from the facility due to all other sources.

(b) The inf ormation required in § 

### 61.9 4

.

(c ) Th e eff ec ti ve dose equiva ltmt shall be cnlculated us ing the following w eighting facto rs: Otgan
(R C

S&!Vod) IFI O$e 1Ved) 

### Requests fo r alte rna tive emission standards shall be sent to the Assistant Administrator for Air and Radiation (ANR-443), U

.S

. Environmental P

rotection Agency , 401 M 

### Street, Washington. D

.C. 20460. § 

### 61 .98 Exemption f r om reporting and

**te tlng**  

### requirements of 40 CFR 

### 61.10.

Faci lities having emissions of radio nu clides to air th at do not exceed those amount s that cause a dose equivalent of 5 mrem/y to the whole body or 15 m rem/y to the critical organ of any member of the public res iding or abiding at the po int of maximum annual air concentration in an unrestricted area , are exempt from t he reporting requirements of 40 CFR 61.10. Subpart !-National Emission Standard tor Radlonucllde Emissions From Facilities Licensed by the Nuc l ear Regulatory Commiss i on (NRC) and Federal Facilities Not Covered by Subpart H · § 61

. 100 

### Designation of facilit i es. The provisions of this subpart apply to NRC·Iicensed faciliti es and to facilities owned or operated by any Federal agency othe r than t he Department of Energy that emit radionuclides to air. This subp art doe s not apply to f acilities regulated under 40 CFR Parts 190, 191, or 192, to any low energy acce lerato r, or to any user of the sealed radiation sources. § 81

. 101 

### Definitions.

(a) "Agreem ent State" means any · State with which the Atomic Energy CommiRs i on or the Nuclear Reg ula tory Commission has entered into an effective agreem ent under subsection 274(b) of the Ato m ic Energy Act of 1954, as amende d

.

(b) " Dose equivalen t" means the produc t of absorbed dose and app r opriate factors to acc ount for difference$ in biolo gical effectiveness due to t he quality of radiulion and its distribution in the body. Th e uni t of dose equivalent is the rem
.

(c) "NRC-licensed facility " meons any fac ili ty licensed by the Nuclea r R

egu la to ry Commissi on or any Agreement State to r eceive title to

. receive, possess , use, transfer

. or deliver a ny source, byproduct, or special nu clea r material. except f ac ilities regu lnte d by 40 CFR Parts 190. 191

. or '192

.

(d)"Critical organ " nu:t. •I S t he most exposed human organ or tissue exclusive of the integumentary system (skin) and the cornea.

(c) " Radionuclide" m ea ns any nuclide thut emit s ra diat ion
. (A nuc lide is a species of atom characterized by the co"st itution of its nucleus and hence by th e number of protons, the number of neutrons , and the energy conte nt. )

(f) 

### " Whole body" means all organs or tissues exclusive of the in t egumentary system (llkin ) and the cornco.

(g) "Eff ec ti ve dose equivalent" means the sum of the products of the dose equiva l en ts to indivi dual organs and tissues and appropriate weighting factors representing the risk relative to that f or an equal dose to the whole body. § 

### 61

. 102 Emission standard

.

Emissions of rodion uclides to ai r f r o m facilities subject to this subpa rt shall not exceed those amounts that cause a dose equivalent of 25 mrem/y to the whole body or 75 mrem/y to the critica l organ of any member of the public

. Doses due to radon-220, ra don

-222, and their respecti ve decay products are excluded from these limits. § 

### 81

. 103 Emlaalon monitoring and compliance procedures.

To deter mine compliance with the standard , radionuclide emissions shall be determine d an d dose equivalent to members of the public shall be calculated using EPA-approved sampling procedures , EPA codes AIRDO$-EPA and RADR ISK. or othc1 · procedures, in cl uding those based on environmenta l measurements, that EPA has determined to be su itable

. In most cases, compliance with th is standard will be determined by calculating t he dose to members of the public at the point of maximum annual air co ncentration in an unrestric t ed area wh ere any member o f the pub li c r es id es or abides.

Lis I of approved pro cedures : (Reserved]

### 5196 Federal Register 

## I Vol. 50, No. 25 

## I Wednesday, February 6, 1985 

## I Rules and Regula tions § 61.104 Repor1!ng

. [Reserved) § 61.105 RecMdhep lng

. (Reserved) § 61.106 Exemption from reporting and testing requirements ol40 CFR 61.10.

Facilities in possession of a radionuclide in annual quant ities less than the activity shown in Table 1 are exempt from the reporting requirements o f 40 CFR 61

. 10. If a facility possesses more than one radionuclide. and the su m 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 f acili ty is exempt from the reporting requirements of 40 CFR 01

. 1 0. For radionuclides not on this list, 

### a facility may apply to the Administrator for on exemption from the re porting requirements. Tub le 1 (Reserved) § 61 .1 07 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 e xisting source, or any new source to wh ich a standard prescribed under this part is applicable which had an initial startup which preceded the effective daie or a standard prescribed under this pa rt shall. within 90 days after the effec tive date , prov ide the following informa tion in writing to the Administrator:

(i) Name and address of the owner or operator

.

[ii) The location of the source. (iii) The types of r adionucli des emitted by the stationary source end the a nnual quanti ty (in Ci/y for the most re cent cal e ndar year) of each radionuclide emitted.

(iv) A brief descMption of the nature, s ize
. 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 o r abides.

(vi) A description of the existing control equipment for each emission point.

(A) Primary control device (s) for r adionuclide 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 .1 08 Alternative emission atandard.

If a f acil i ty may exceed the emission standard established in § 61.102, the operator may apply to EPA for an alternati ve emission standard. The Administrator will review such applicati • )ns and will es tablish 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 equiva lent and a noncontinuous exposure of more than 500 mrem/y effective dose equivalent from all sources, excluding natural background and medical procedures. The appli cation 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 .1 20 , ,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 pyrom etallurgica l 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 r adioactivity equal to 37 billion nuclear transformations (decays) per second. § 61.122 Emllalon standard.

Emiss ions of polonium-210 to air from calcinera and nodulizing kilns at an elemental phosphorus plant shall n ot 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 discharge d 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) Ea ch emission test shall consist of three valid sampling runs
. The phosphate rock processing rate during each run shall be recorded. An emi ssio n rate in curies per metric ton of phosphate rock proceased shall be calcula ted for each run. The average of all three runs shall apply in computing the emission rate for the test. The annual polonium-210 emission ra te 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 ph osphate 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 Regul ations 5197
(e) If the owner or operator changes h is operation in such a way as to increase 

### his em iss ions of polonium-210 , such as cha ngi ng the type o f ro ck processed, the tempera tu r e of t h e calciners o r k ilns, or increasing the annual pho sphate rock processing rate, then a new emission test shall be co ndu cte d under these conditions.

(f) Each owner or operator of an e l ementa l phosphorus plant shall furnish the Administrator a written report of the results of the emissi on t es t within 00 days o f conducting the te s t

.

(g} Re cords of em i ssion te s t results and other data needed to determine t otal emission s shall be retained at the source and made availab le for insp ect ion by the Administrator for 

### a minimum of 2 y ears. All information collection provisions in th i s subpart are not effective until the Office of Management and Budget approves th em. § 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 app roved by t he Administrator, shall use the following test metho d s :

( 1 ) Test Meth od 1 of Appendix A to Part 60 shall be used to de termine sample and velocity tra verses :

(2) Test Method 2 of Appendix A to Part 60 shall be used to d e termine velocity and vo lumetric flow rate:

(3) T est Me thod 3 o f A ppendi x A to Part 60 sha ll be u sed f or gas a nalysis. (4 ) Test Method 5 of Ap pendix A to Pa rt 60 s hall be use d to collect parti culate matter conta i ning the po lonium

- 210; and

(5) T es t Meth o d 111 of Appendix B to this part shall be us ed to determine the polonium-210 emissions

. § 61.125 Monitoring of op erations.

(a) The owner or operator of any source subject to thi s subpart usi ng a wet

-scrubb ing emiss io n con trol devic e shall install. calibrate

. maintain, and operate a monito ring d e vice f or ! he continuous measurement of the pressure loss of th e gas stream th rough the scrubber

. The mon itoring device must be certified by the manuf ac turer to be accurate with ±2 50 pascnls (± 1 inch of water). Records of these mea surements shall be maintained at the source and made avail a ble for insp ccli on by the Administrator for 

### a min im um of 2 ye a rs
.

(b) The owner or operator of any source subject to this subpart using a n e lec tros tatic pre cipita to r control device shall ins tall, ca lib rate

. maintain. and operate a monitoring device for the

**~ontinuous** measurement o f the primary and secondary current and the voltage

' in each electric field. Ba seline operating 

### values for these parameters shall be maintained with ±30 percent of the ir baseline operating values.

(c) For the purpos e 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 r ock feed to any affec ted calciner or nodulizing kiln

. The m easuri ng devi ce used must be accurate to within±S percent of the mass rate over its o p erati ng range. § 61.126 Waiver of compliance

.

(a) To request a waiver, applicant:! shall follow the requi r eme n ts of § 61

. 10(b}-(d).

(b) The following provision s also apply :

( 1) The owner or operator of a ny existing source, or any new source to which a standard pres cribed under this part is applicable which had an initial startup which preceded the effective d ote of a standard prescribed under this part shall, within 90 days after the effective date, provide the following I nf

ormatio n 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, des ign, and method of operation o f the statio nary source including the operating design capacity of such source
. Identify each point of emission for each hazard ous polluta nt.

(v) The average amount of poloniu:n210 being processed by the source over the last 1 2 m o n ths pr ece d in g the date of the report.

(vi} A description of the existing control equipment for each e mission point.

(A) Primary control device(s) f or ra d ionuclide emissions

.

(B) Secondary control device(s) for r adionucli de emissions

.

(C) Estimated control efficiency (percent} for each control device

.

(v ii) A statement by th e owner or o perato r of the source as to whether h e can comply with the standards prescribe d in this part within 90 days of th e effective date.

2

. Appendix B to Port 61 is amended by adding Test Me t hod 111 as f oll ow : 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 ra dioactive disintegration rates. 1

.0 Applicability and Principle

. 1

. 1 Applicability

This m e thod is appilcab le to the determination of polon ium
· 2.10 emissions in particulat e samples collected in stac k geoe s
. Sa mp le s should be analyzed within 30 d ays of col!eC1 io n to m i nimize error due to growth cC polonium-2 10 from any lead-210 present In the sample. 1

. 2. Principle

A particulate sample is co tl ccted from

stack gases as described in Method 5 of Appendix A to 40 CFR Part 60. The polonium-210 In th e samp le is put in solutio n. dep osited on a me t al dis c. and the radioactive d is;ntcgrati on rate measured. Polonium in acid solut ion spo ntaneously deposits o n surfaces of metals that are more electropositive than polonium. This princ i ple is routinely used In th e radiochemical an alys is of polonlum

- 210. 2.0 Apparatus. 2.1 Alpha spectrometry system consisting of a multichannel analyzer, biasi ng electronlca , silicon surface b anier dete ctor, vacuum pump and chamber. 2

. 2 Co nstant tempersture bath at 85 

## · c
. 2.3 Polished silver discs, 3.8 em diame ter, 0.4 nun thick with a s mall hole near th e 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 stirre r
. 2

.9 Stining bar

. 2

. 10 Plastic or glass hooks to sus pend pl ating discs

. 2

. 11 Internal proporti ona l counter for m

ea suring alpha particles. 2

. 12 Nuclepore 1 filter m embranes, 25 mm di ameter. 0.2 micrometer pore size or equivalent. 2

. 13 Plancbets, stainless steel, 32 mm diameter wi t h 1 .5 mm li p
. 2

. 14 Transparent plastic tape. 2.5 em wide wit h adhesive on both side s. 2

. 15 Epoxy spray enamel. 2

. 16 Suction filter apparatus f or 25 mm diameter filter. 2

. 17 Wash bottles, 250 ml capacity. 2.16 Plastic graduated cylinder
. 25 ml ca pa city. 3

.0 Regents. 3

. 1 Aswrbic acid. Reage nt grade. 3

.2 Ammonium hydroxide (NH.O H ) 15 M

. Reagent grade

. 3 .3 Distilled water meeting ASTM specifications for Type 3 Reagent Water. ASTM Test Method D 1193

- 77 (inco rporated 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 Rule s and Regulations

3

.6 Hydrochloric ac id. 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 th e 29M Reagent grade I IF to 500 m l with distilled water. Us c 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,). 1 6M. Reagent gr ade

. 3

. 11 Perchloric acid (HNO,)

. 1 2M, Reagent grade. 3

. 1 Z Polonium-209 solution. 3

. 13 Commercial silver cleaner. 3.14 Oegreaser. 3.1 5 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 bea ker

. add 30 ml of 29 M hydrofluoric acid. and evaporate to 

### noor dryness on hot plate in a properly operating fume hoo d

. Caution: Do not allow residue to go to dryness and overheat. This will result in a loss o f p olonium. 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 o f 16M nit ric 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 re s t due from Section 4

. 1.3 and heu t t o 65



## · c
. 4

. 1

. 5 Transfer acid solution into 11 1 50 ml glass beaker and add 10 ml of 12M perchloric acid. 4

. 1.6 H ea t 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 redio uctivity

levels to avoid contominaton of the alpha spectrometry system. Use th e 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 currie r 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 so lutiOn 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 o f dist t lled water end 5 ml of ethAnol.

•Ment io n ol registered trade n ames or epectfic produ c t• 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 E 1 AcT where: p , . total octil'ity of origin al solution f1uflt Secti on {1.1.7, In pCi.

**Cs ~"**  **total** counts of screening somplc.

**~** · totRI co ttnt s of procedur c !Jac. kllrountl. (Sec 4.6)

. (Eq.

**-~1** E,

. . counting efficiency os determined in Secti on 6.0

. counts per minute per disintegrat ion 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 o f solution from Section 4.1

.7 in mi. 4.2.11 Dehm nine the al iquot volume of Rolutlon from Sect ion 4

. 1.7 to be analyze d f or polonfum-210 using results of the calculation described in Section 4.2.1 0. 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.:. Preparo 1 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.pox y spray euumel. This 11hoJid be carriPct out in a well· ventilated area. with th e disc lyinR flat to k eep 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 eolut lon 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 p olonium·209 tracer ROlution (see Section 7.0) that contains approximately t he some amoun t of tJctlvity ItS that in the al iquot of th ll 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 t o 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 solutio n using a glass or plostic rod w ith 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 solu tio n 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 Determinati o n 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 us ing Eq

. 111-1 3 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 po lonlu:n-21 0 spectral region. 1. · dilution foet or. Tnis is the volume in ml o f 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 Wednesd ay, February 6

. 1985

. / Ru les and Regu l a tions 

### 5199

S,.

- B e 2.22 f Ec T

wh crn: S,. = pol on i um
-209 tracer counts in sample

. Br. = proc e dure hackground counts measured in p olo nium·Z09 spect ral region

. f =ncti vity in picocuries of poloni um-209 added to sample-from Eq. 111-7

. 2

.22 = di si n t eg rations per minu te per p icocurie

. Ec = See below . T = See below

. E.: =counting erli cie ncy of d .:tector us e d. given by Eq

.

**111~**

**.** as counts per minute per disintegra lion per minute. T "" counting time, specified in Secti o n 4

.5.2 und 7.1 t as t OOO.minutes for all alpha spectrometry sample and backgrou

. nd coun ts

. 0 ,.,. de c oy corTec tion for ti me "t'' (in days) from

**~a mple**  collec tion to snmple count i ng
. given by : 

### 0 = , -'"'' 1 " 5

. 2 Procedure for Calculating Emission Rate in Curies per Metric Ton of Phosphate Rock Processed Calculate the polonium-210 emi ssion per

metric t on of rock processed from each run at each stack usi ng equation 111-4. The emission rate from each stack is d ete mined by averaging the emission ra tes calcula ted for each of the three runs at each stack. (Eq

. 111-4)

Where : lX 

## tO-•• A Q 50 R

s=

R, = emission rate from stack

. in curies of p olo nium-210 per metric ton of rock pro ces sed

. A = picocuries of polonium

-210 in filter sample as determined by A in Eq

. 111-3

. Q s 0 -vo lumetric now rate of effluent str eam In dry standard m '/hr as determined by Method 2 of Appendix A to 40 Cf'R Part 60

. V

, n = total v olu me of air sample i n dry standurd m' as detemined by Method 5 of Appendix A to 40 CfR Part 60

. M 11 = roc k 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 ca lcula tions for each stack of each calciner. · 5

. 4 Ca lciner Emission Rate Calculation

**O~temine** eac h calciner's emission rate

(X,) by taki ng the s um 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 p oloniu m210 by taking the sum of emission rates at ea ch calciner (X 1 in 5

.4) end m :oltiplyin :; ihi s sum by th e nnnual metric tons of

**pho~phate** ro<.k procossed by that calciner. acc ordi ng to E q
. 111-5. (Eq. 111

- 5)

Where: S=)(, M, + X. M 2+. + X

. • M,

S=annual polonium-210 em issions in curi es fro m the elemental pho sphorus pla nt. 

## x, =emi ssion rate from a calciner (I) i n curi es per metric to n
. as dete rm ined in Section 5

.4

. N = number of calciners at the e lemental ph os phorus plant. M, = phosphate rock pro cessed per yeor. in metric tons f or each cal ci n e r
. 0.0 Standordizat.ian af Alpha Spectrometry System. 6.1 Obtain a standardize d so lu ti on of an olpha-emiuing actinide e le ment such a s pluto nium-ZJ9 or omerl c iu m-24 1

. Add o quantity of the standardized solution to a 100 ml volume tric nask so tho t the final

. co ncentrati on when d iluted to a volume o f 100 ml w ill be approxi mately 1 pC i/ml

. Add 10 ml of16 M H NO, end dilute to 100 ml with distilled water

. 6.2 Add 20 ml of 1 M HC1 to e a ch 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 be a ker

. 6.4 Add 1.0 ml of actin ide s olu tion 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 F i lter each solution through o filter membrane us ing this suction filter apparatus. 6

.8 After each filtrat i on, wash th e filte r membrane wi th tO ml of distilled water and 5 ml of ethanol. 6.9 Allow the filter membra ne t o ai r dry on the filter apparatus. 6.10 Caref ully remove the filter membrane and mou
. nt w i th double-side tape on the inner surface of a plan chet. Mou nt f ilter w ith filtrat io n side up
. · 6

. 11 Pl ace planchet in en a lpha spec trometry system and count each plan chet for 1000 minutes

. 6

. 12 The counting eff ic iency of each detector can be calcu lated using Eq

. 111- 6

. (Eq

.

**111~)**

where : C.=gross counts in actinide peak

. C 1 =backgro und counts in same peak area as 

## c,. 2

. 22=disintegraUons per mi nute per p icocurie. AA,.. picocuries of actin ide added

. Ec=counting effi ciency. counts per minute per d isintegration per minute. T=counting ti me i n mi nutes. specified in Sec tion 6

.11 as 1000 mi nutes

. 6.13 Oetermire th e averil ge cou nting e fficie ncy for each detec tor b y calc ulating the average of the six c:!e t ermino tio ns
. 7.0 Preparation of Standardized Soluti o:1 of Poloni u m-209

. 7

. 1 O b tain poloniu m -209 so lu tion

**fro ~**  an availabl e s upp lier

. A dd a quantity of the Po

-209 so lutio n to a 100 ml volume tric flask so that the final concentration when dil uted to a 100 ml volu. T

.e w ill be approx i mately t pCi /m l. Add 10 ml of 16 M H /1!0, and d ilute to 100 ml w it h dis! iUed water

. 7

. 2 Add 20 ml o f 1 M H CI to each of s ix 150 ml beaker s
. 7

. 3 Add t

.O ml of lonthunu m carrier, 0

. 1 mg lanthan u m per ml, to th e ac id solution i n each beuker. 7

.4 Add 1.0 ml of polonium-209 tracer from Section 7

. 1 to eac h beaker. 7

.5 Ad d 3.0 ml of 15M ammon ium hy droxi d e to eac h bea ker. 7.6 Cov er beakers and allow to stand foro minimum o f 30 minutes. 7

. 7 F ilter the co ntents of each bea ke r through a separate f ilter membrane. 7.6 After each filtrati on
. wash membrane with 10 ml of distilled water a nd 5 ml of ethanol. 7.9 Allow filt e r membrane tn dry on filter apparatus. 7 .10 Caref ully remove the filter membrane and mount with double

- side tape on · the inner surface of a planchet. Mount filt er with filtra tion side up
. 7.11 Place planchet in alpha spec trome try system a nd count each pla nchet for 1000 minutes. 7

. 12 The acti vity of the poloniu m solutio n can be cal c ul ated using E q
. 111-7

. (Eq. 111-7)

f = 2.22 Ec T
where: f = activity of poloni um
-209 s ol u tion. in pCi.

**C~ gross**  counts of p o lonium-209 i n the 4

. 88 MeV regi on o f the spectrum in the counting time T

. C8 =background coun ts I n the 4

.88 MeV region of spectrum the in the counting

. timeT

. 2.2

.

2=dis integrallons per minute per

picocurie

. Ec = counting efficiency of detector used. counts per minute per disintegration per minute. T= counting time. spec i fied in Section 7

. 11 as 1 000 minutes. 7.13 Determine the average activity of the polonlum -209 so lution from the six determinations

. 7.14 Aliquots of the so lution £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 Wednesd ay. Febru ury 6, 1985 

## I Ru les and Regula tions

· 6 .1 O!J to in a stand ardized so lution of 1111 o lpha ·c rn il ing u<.:linitlc cle ment such as pl uto nium

-239 or Ol i1C ric ium· 24 1

. 1\dd 11 qu« ntily of th e

**stondardiz~:t.l** solutio n to a 100 ml volumctnc flask so tho t the f ino) concentration when diluted to a tOO ml vo lu me w ill be approximately tOO p Ci/ mi. Add 10 ml of 16M IINO, nnd d ilu te to 100 ml wil h dis ti lled wtJter. 6 .2 Add 20 ml of l M II C lto

**e~ch** of six 150 ml beokers. 8.3 Add 1

.0 ml o f lun th a num t:urri f :r. 0.1 mg

**nt h~num**  per m l

. to the ncicl aol ution in !'tlc h 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. A0 Cover bea kers a n d allow so l utions to stand fo r o mini mvm of 30 minutes

. 6

. 7 Fi lter each soluti on throug h a filler membrane using the suction filter appara tus

. 6

.0 After each filtrati on, was h membran e w ith 10 ml of d is tilled

**~le**

**r** end 5 ml of ethanol. 8

.9 Allow filt er membrane t o dry on fiJter appa ratus

. 8

. 10 Carefully remove filter membrane and mount wi t h double-side tope on the inner AurfliLI! of II planchet

. Moun t filll•r with J'iltrotivn >ide up. 6. 1 1 Pl11cv piMnche l in in lcrnul pruporli ouol 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~** fro m the six samples : (F.q.11Hl)

where: 

## c, - c. 2.22 A• T

E 1= co unting dfic iency or pr o portiunnl counter. c.ounts per minute per dislntegrhlion per minu te.

**C~ :-:**  **gross** counts of standard. C 8 == gross counts of procedure buckgrunnd. 2

. 22 :: disintegrations p er minute per p icoc urie A. = p ico curiH of actinide added

. T ec ounting t i me ln m inu tes , specified In

· Section 6

. 11 as 100 minutes. 11.1 :1 Determine the ov erag e co unting efficiency of the six

**de term**  **nation~**

**.** !1

.0 Quality Assurance. 11.1 General Req uirements 11.1

. 1 A ll analysts using this method a re required to demonstrate the i r ability to use the

**e~ethod** and to define their res pective a ccuracy and pre ci sion criteria

. 11.1. 2 The minimum requirements for the nstabli shment of ac c uracy and precis io n c riteria is four replicate a nalyses of on ext ernally prepared performance evaluation sample

. 11

.2 Spec ific R equirements R.Z

.l Eech sample will be a nalyzed In dup l icate. 11

. 2.2 Ev ery tenth sample w ill be an externally prep ared performance eve l uation sample submitted by the Quality Assurance Officer. 11.2

.3 Duplicate meusurcments are considered acceptable when the difference between them is less t han tw o Rtandard deviations as described in EPA fl(X) / 4-77-()()1 or subsequent re visi ons
. (1-'H Doc

.

**~2321** Filed 2-S-85 ; 6 : 45 om) 81LLIHO COO£ es.o-50-M