NESHAPs for Radionuclides, Subpart I Requirements

[Craig E Jensen <jensen@battelle.org>]

NOTICE OF NEW EPA REPORTING REQUIREMENTS

The EPA issued a notice on January 28, 1994 in the Federal Register that
imposes air emission evaluation and reporting requirements for the first time
on over 6000 NRC, Agreement State, and Non-DOE Federal facilities.  There are
no exemptions for medical research and treatment uses or 10 CFR 20.2005
"deminimus waste" that is incinerated.

All NRC and Agreement State Licensees, except Nuclear Power Plant Licensees,
are required to evaluate their radionuclide air emissions for calendar 1993
and show compliance with the requirements of 40 CFR Part 61, Subpart I -
NESHAPs for Radionuclides (NESHAPs).  The final NESHAPs standard was published
on December 15, 1989 in 54 FR 51654, but action was stayed until November
1992.  NESHAPs limits radionuclide emissions to the ambient air to that amount
that would cause any member of the public to receive in any year an effective
dose equivalent (EDE) of 10 millirem, of which no more than three millirem EDE
may be from radioiodines. Compliance may be demonstrated only by using the
methods authorized in 40 CFR 61.103.  All effected facilities must submit a
report annually by March 31, except those meeting the exemption requirements
of 40 CFR 61.104(b).  Facilities unable to meet the deadline for this year may
submit a request for extension, of to 60 days, to their U.S. EPA Regional
Office.  

The chief ways to show compliance are by using an EPA supplied computer
program, COMPLY or by the methods described in Appendix E of NESHAPs. Two
helpful documents are: EPA 520/1-89-002 Rev 2 (10-89) entitled "A Guide for
Determining Compliance with the Clean Air Act Standards for Radionuclide
Emissions from NRC-Licensed and Non-DOE Federal Facilities" and EPA 520/1-89-
003 Rev 2 (10-89) entitled "User's Guide for the Comply Code."

These materials can be obtained from U.S. EPA Headquarters, by calling Mr.
John Karhnak at (202) 233-9761 or from the U.S. EPA Regional Program Managers
listed below.

Region 1 CT, ME, MA, NH, RI, VT, Tom D'Avanzo (617) 565-4502
Region 2 NJ, NY, PR, VI, Paul Giardina (212) 264-4110
Region 3 DE, DC, MD, PA, VA, WV, Lewis Felleisen (215) 597-8326
Region 4 AL, FL, GA, KT, MS, NC, SC, TN, Chuck Wakamo (404) 347-3907
Region 5 IL, IN, MI, MN, OH, WI, Jack Barnett (312) 886-6175
Region 6 AR, LA, NM, OK, TX, Donna Ascenzi (214) 655-7224
Region 7 IA, KS, MO, NE, Gale Wright (913) 551-7681
Region 8 CO, MT, ND, SD, UT, WY, Milton Lammering (303) 293-1440
Region 9 AZ, CA, HI, NV, GU, AS, Michael Bandrowski (415) 744-1048
Region 10 AL, ID, OR, WA, Jerry Leitch (206) 553-7660

NESHAPs cannot be rescinded by the EPA until enough supporting documentation
is obtained. The EPA lost some of its flexibility to deal with this issue due
to an unfavorable judicial review of its previously used stay authority.  The
NRC is helping to get NESHAPs rescinded by entering into a Memorandum of
Understanding with EPA on December 22, 1992, 57 FR 60778.