(1) Adopted herein
by reference are the Federal regulations 40 CFR 61 Subpart H as published in
the December 15, 1989 edition of the Federal Register: (See
paragraph (6) of this rule for text).
(2) Agreements regarding waivers, compliance
reports, testing, and monitoring between the Department of Energy and the
Environmental Protection Agency will be recognized by the Tennessee Division of
Air Pollution Control providing these agreements are current, valid, and
supported by appropriate documentation.
With respect to certain terms used in the
text of Subpart H presented verbatim in Paragraph (6) below, those terms have
the meanings as follows:
(a) In §
61.93(b), § 61.93(b)(2)(ii), § 61.93(b)(3)(iv), §
61.93(b)(4)(i), and § 61.93(b)(5)(vi) "EPA" means "the Technical Secretary
(b) In §
61.93(b)(2)(iii) "the Administrator" means "the Technical Secretary and the
Administrator of EPA", and "EPA" means "the Technical Secretary and
(c) In § 61.94(a) "EPA
headquarters, and the appropriate regional office" means "the Technical
Secretary, EPA headquarters, and the appropriate regional office."
(d) In§ 61.94(b)(8), and § 61.94(d)
"EPA" means "the Technical Secretary."
(e) In§ 61.94(c) "the Administrator"
means "the Technical Secretary."
(f) In§ 61.95 "the Administrator" means
"the Technical Secretary."
In§ 61.96(b) "EPA" means "the Technical Secretary and EPA."
(4) Until such time that EPA
grants delegation of authority to the State of Tennessee to implement and
enforce the radionuclide NESHAP, the EPA shall be the implementing agency for
the radionuclide NESHAP (such a delegation will be published in the Federal
Register by EPA.) Copies of all requests made to EPA by DOE for an alternative
monitoring or sampling method pursuant to § 61.93(b), §
61.93(b)(2)(ii), § 61.93(b)(2)(iii), § 61.93(b)(3)(iv), §
61.93(b)(4)(i), § 61.93(b)(5)(vi), and § 61.96(b) shall be provided
to the Technical Secretary concurrently with submittal to EPA. Additionally,
DOE must immediately submit to the Technical Secretary copies of all EPA's
responses to DOE's requests.
Until such time that EPA grants delegation of authority to the State of
Tennessee to implement and enforce the radionuclide NESHAP, the EPA shall be
the implementing agency for the radionuclide NESHAP (such a delegation will be
published in the Federal Register.) Copies of all applications to construct or
modify pursuant to § 61.96 shall be submitted to the Technical Secretary
concurrently with submittal to EPA. DOE must also submit copies of all EPA's
responses to DOE's applications to the Technical Secretary."
CFR PART 61-Subpart H- National Emission
Standards for Emissions of Radionuclides Other Than Radon From Department of
SOURCE: 54 FR 51695, Dec. 15, 1989, unless otherwise
§ 61.90 Designation of facilities.
The provisions of this subpart apply to operations at any
facility owned or operated by the Department of Energy that emits any
radionuclide other than radon-222 and radon-220 into the air, except that this
subpart does not apply to disposal at facilities subject to 40 CFR part 191,
subpart B or 40 CFR part 192.
§ 61.91 Definitions.
As used in this subpart, all terms not defined here have the
meaning given them in the Clean Air Act or 40 CFR part 61, subpart A. The
following terms shall have the following specific meanings:
(a) Effective dose equivalent means the sum
of the products of absorbed dose and appropriate factors to account for
differences in biological effectiveness due to the quality of radiation and its
distribution in the body of reference man. The unit of the effective dose
equivalent is the rem. For purposes of this subpart, doses caused by radon-222
and its respective decay products formed after the radon is released from the
facility are not included. The method for calculating effective dose equivalent
and the definition of reference man are outlined in the International
Commission on Radiological Protection's Publication No. 26.
(b) Facility means all buildings, structures
and operations on one contiguous site.
(c) Radionuclide means a type of atom which
spontaneously undergoes radioactive decay.
Residence means any home, house,
apartment building, or other place of dwelling which is occupied during any
portion of the relevant year.
§ 61.92 Standard.
Emissions of radionuclides to the ambient air from Department
of Energy facilities shall not exceed those amounts that would cause any member
of the public to receive in any year an effective dose equivalent of 10
§ 61.93 Emission monitoring and test procedures.
(a) To determine compliance with the
standard, radionuclide emissions shall be determined and effective dose
equivalent values to members of the public calculated using EPA approved
sampling procedures, computer models CAP-88 or AIRDOS-PC, or other procedures
for which EPA has granted prior approval. DOE facilities for which the
maximally exposed individual lives within 3 kilometers of all sources of
emissions in the facility, may use EPA's COMPLY model and associated procedures
for determining dose for purposes of compliance.
Radionuclide emission rates from point
sources (stacks or vents) shall be measured in accordance with the following
requirements or other procedures for which EPA has granted prior approval:
Effluent flow rate measurements shall be
made using the following methods:
Reference Method 2 of appendix A to part 60 shall be used to determine velocity
and volumetric flow rates for stacks and large vents.
(ii) Reference Method 2A of appendix A to
part 60 shall be used to measure flow rates through pipes and small
(iii) The frequency of the
flow rate measurements shall depend upon the variability of the effluent flow
rate. For variable flow rates, continuous or frequent flow rate measurements
shall be made. For relatively constant flow rates only periodic measurements
Radionuclides shall be directly monitored or extracted, collected and measured
using the following methods:
Method 1 of appendix A part 60 shall be used to select monitoring or sampling
(ii) The effluent stream
shall be directly monitored continuously with an in-line detector or
representative samples of the effluent stream shall be withdrawn continuously
from the sampling site following the guidance presented in ANSI N13.1-1969
"Guide to Sampling Airborne Radioactive Materials in Nuclear Facilities"
(including the guidance presented in appendix A of ANSI N13.1) (incorporated by
reference-see §61.18). The requirements for continuous sampling are
applicable to batch processes when the unit is in operation. Periodic sampling
(grab samples) may be used only with EPA's prior approval. Such approval may be
granted in cases where continuous sampling is not practical and radionuclide
emission rates are relatively constant. In such cases, grab samples shall be
collected with sufficient frequency so as to provide a representative sample of
shall be collected and measured using procedures based on the principles of
measurement described in appendix B, Method 114. Use of methods based on
principles of measurement different from those described in appendix B, Method
114 must have prior approval from the Administrator. EPA reserves the right to
approve measurement procedures.
(iv) A quality assurance program shall be
conducted that meets the performance requirements described in appendix B,
is impractical to measure the effluent flow rate at an existing source in
accordance with the requirements of paragraph (b)(1) of this section or to
monitor or sample an effluent stream at an existing source in accordance with
the site selection and sample extraction requirements of paragraph (b)(2) of
this section, the facility owner or operator may use alternative effluent flow
rate measurement procedures or site selection and sample extraction procedures
(i) It can be shown that the
requirements of paragraph (b) (1) or (2) of this section are impractical for
the effluent stream.
alternative procedure will not significantly underestimate the
(iii) The alternative
procedure is fully documented.
The owner or operator has received prior approval from EPA.
(i) Radionuclide emission measurements in
conformance with the requirements of paragraph (b) of this section shall be
made at all release points which have a potential to discharge radionuclides
into the air in quantities which could cause an effective dose Radionuclide
emission measurements in conformance with the requirements of equivalent in
excess of 1% of the standard. All radionuclides which could contribute greater
than 10% of the potential effective dose equivalent for a release point shall
be measured. With prior EPA approval, DOE may determine these emissions through
alternative procedures. For other release points which have a potential to
release radionuclides into the air, periodic confirmatory measurements shall be
made to verify the low emissions.
(ii) To determine whether a release point is
subject to the emission measurement requirements of paragraph (b) of this
section, it is necessary to evaluate the potential for radionuclide emissions
for that release point. In evaluating the potential of a release point to
discharge radionuclides into the air for the purposes of this section, the
estimated radionuclide release rates shall be based on the discharge of the
effluent stream that would result if all pollution control equipment did not
exist, but the facilities operations were otherwise normal.
Environmental measurements of
radionuclide air concentrations at critical receptor locations may be used as
an alternative to air dispersion calculations in demonstrating compliance with
the standard if the owner or operator meets the following criteria:
(i) The air at the point of measurement shall
be continuously sampled for collection of radionuclides.
(ii) Those radionuclides released from the
facility, which are the major contributors to the effective dose equivalent
must be collected and measured as part of the environmental measurement
concentrations which would cause an effective dose equivalent of 10% of the
standard shall be readily detectable and distinguishable from
(iv) Net measured
radionuclide concentrations shall be compared to the concentration levels in
Table 2 of appendix E to determine compliance with the standard. In the case of
multiple radionuclides being released from a facility, compliance shall be
demonstrated if the value for all radionuclides is less than the concentration
level in Table 2, and the sum of the fractions that result when each measured
concentration value is divided by the value in Table 2 for each radionuclide is
less than 1.
(v) A quality
assurance program shall be conducted that meets the performance requirements
described in appendix B, Method 114.
Use of environmental measurements to
demonstrate compliance with the standard is subject to prior approval of EPA.
Applications for approval shall include a detailed description of the sampling
and analytical methodology and show how the above criteria will be met.
§ 61.94 Compliance and reporting.
(a) Compliance with this standard shall be
determined by calculating the highest effective dose equivalent to any member
of the public at any offsite point where there is a residence, school, business
or office. The owners or operators of each facility shall submit an annual
report to both EPA headquarters and the appropriate regional office by June 30
which includes the results of the monitoring as recorded in DOE's Effluent
Information System and the dose calculations required by § 61.93(a) for
the previous calendar year.
addition to the requirements of paragraph (a) of this section, an annual report
shall include the following information:
description of the handling and processing that the radioactive materials
undergo at the facility.
(2) A list
of the stacks or vents or other points where radioactive materials are released
to the atmosphere.
description of the effluent controls that are used on each stack, vent, or
other release point and an estimate of the efficiency of each control
(4) Distances from the
points of release to the nearest residence, school, business or office and the
nearest farms producing vegetables, milk, and meat.
(5) The values used for all other
user-supplied input parameters for the computer models (e.g., meteorological
data) and the source of these data.
(6) The name and location of the
(7) A list of the
radioactive materials used at the facility.
(8) A brief description of all construction
and modifications which were completed in the calendar year for which the
report is prepared, but for which the requirement to apply for approval to
construct or modify was waived under § 61.96 and associated documentation
developed by DOE to support the waiver. EPA reserves the right to require that
DOE send to EPA all the information that normally would be required in an
application to construct or modify, following receipt of the description and
report shall be signed and dated by a corporate officer or public official in
charge of the facility and contain the following declaration immediately above
the signature line: "I certify under penalty of law that I have personally
examined and am familiar with the information submitted herein and based on my
inquiry of those individuals immediately responsible for obtaining the
information, I believe that the submitted information is true, accurate and
complete. I am aware that there are significant penalties for submitting false
information including the possibility of fine and imprisonment. See,
If the facility is not in compliance with
the emission limits of § 61.92 in the calendar year covered by the report,
then the facility must commence reporting to the Administrator on a monthly
basis the information listed in paragraph (b) of this section, for the
preceding month. These reports will start the month immediately following the
submittal of the annual report for the year in noncompliance and will be due 30
days following the end of each month. This increased level of reporting will
continue until the Administrator has determined that the monthly reports are no
longer necessary. In addition to all the information required in paragraph (b)
of this section, monthly reports shall also include the following information:
(1) All controls or other changes in
operation of the facility that will be or are being installed to bring the
facility into compliance.
the facility is under a judicial or administrative enforcement decree, the
report will describe the facilities performance under the terms of the
instances where the information requested is classified, such information will
be made available to EPA separate from the report and will be handled and
controlled according to applicable security and classification regulations and
§ 61.95 Recordkeeping requirements.
All facilities must maintain records documenting the source
of input parameters including the results of all measurements upon which they
are based, the calculations and/or analytical methods used to derive values for
input parameters, and the procedure used to determine effective dose
equivalent. This documentation should be sufficient to allow an independent
auditor to verify the accuracy of the determination made concerning the
facility's compliance with the standard. These records must be kept at the site
of the facility for at least five years and, upon request, be made available
for inspection by the Administrator, or his authorized representative.
§ 61.96 Applications to construct or modify.
In addition to any activity that is
defined as construction under 40 CFR part 61
, subpart A, any fabrication,
erection or installation of a new building or structure within a facility that
emits radionuclides is also defined as new construction for purposes of 40 CFR
, subpart A.
application for approval under § 61.07 or notification of startup under
§ 61.09 does not need to be filed for any new construction of or
modification within an existing facility if the effective dose equivalent,
caused by all emissions from the new construction or modification, is less than
1% of the standard prescribed in § 61.92. For purposes of this paragraph
the effective dose equivalent shall be calculated using the source term derived
using appendix D as input to the dispersion and other computer models described
in § 61.93. DOE may, with prior approval from EPA, use another procedure
for estimating the source term for use in this paragraph. A facility is
eligible for this exemption only if, based on its last annual report, the
facility is in compliance with this subpart.
Conditions to approvals granted under
§ 61.08 will not contain requirements for post approval reporting on
operating conditions beyond those specified in § 61.94.
§ 61.97 Exemption from the reporting and testing
requirements of 40 CFR
All facilities designated under this subpart are exempt from
the reporting requirements of