ML20029B350
| ML20029B350 | |
| Person / Time | |
|---|---|
| Issue date: | 02/22/1991 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Reilly W ENVIRONMENTAL PROTECTION AGENCY |
| References | |
| NUDOCS 9103070083 | |
| Download: ML20029B350 (4) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION 3
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February 22, 1991 ao The Honorable William K. Reilly Administrator U.S. Environmental P*otection Agency Washington, D. C.
20460 D(ar M 15y:
I am providing the Nuclear Regulatory Commission's (NRC's) comments on the Environmental Protection Agency's (EPA's) notice to extend the 5 sy of Subpart I of 40 CFR Part 61 for MRC and Aareement State lits.
tes other than power reactors (56 FR 6339; February 15, 1991).
The Commission f ully supports your continued stay of Subpart I as described in the notice.
The N00 staff is prepared to assist you in the design of your program to collect data from licensees other than power reactors in order to make your findings under Section 112(d)(9) of the Clean Air Act for those licensees.
lie have every confidence that you will confirm your earlier findings that NRC's program protects the public health with an ample margin of safety.
We reaffirm our comments of May 15, 1989, on the proposed relemaking to amend Subpart I and our comments of February 12, 1990, on the reconsideration of Subpart I.
Those comments included our view that regulation of radioactive emissions from NRC and Agreement State licensees under the Clean Air Act is undesirable f rom a public policy point of view and unnecessary for protection of the public health and safety and the environment.
in keeping with the provisicnr of the newly amended Clean Air Act, we look forward to continued consultation with EPA as decisions are made with respect to regulation of NRC and Agreement State licensees under Subsection 112(d)(9).
Sincerely, Kenneth H. Carr cc:
Central Docket Section LE-131 Attn:
Docket No. A-79-11 (2 copies) r.
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% ( /h ' 1 9103070083 910222 I\\
PDR COMMS NRCC CORRESPONDENCE PDR IM
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l'ederal Register / Vol. 50 No. 32 / I'rldcy, l'ebruary 15, 1991 / Proposed Rules G339 support attemativa proposals relating to modtfications conc rning the definition ENVIRONMENTAL. PROTECTION spod disposalinWving multiple seam of bench control ey tems, down slope AGENCY mining operations,n steep 61 ope areas and prospecting; th > design, and the construcuon of diversion construction, certikauon. inspection 40 CFFI PART 61 channels across cuess spoil disptwal and abandonment c f sediment control (FRL 390b8) hits.
structures a al perrr anent On August 7,1910, OSM pu'ilshed a impoundments: the romplstion of National EAlaanon Standards for notice in the Federal Regist. t soliciting teclamatiom the gravity transport of Hazardous Air Ponutants i
pubtle comments on the St.te s spou on steep slope multiple-seam A
, nhnmentalProtecuen proposed amendm~nt of ' me 29,1990, to mining operatins; tae construction of determine whether the mo.hficatione
^I'"#I*
dversion channels io divert run.off from were no less effect ye than the Federal above and ad scent to both valley ACT>osc Notics of proposed rule.
regulations and no less stringent than fills constructed witi rock core chtmney SUMMany:Today epa proposes to atey SMCRA (55 FR 321 32-321031. The public comment period closed on September 6, drains and durable M fills; the the effectiveness of subpart I of 40 CFR j
1M ( Administreut e Record No. WV construction of undt r drains in durable pot 01, the National Emission 850). The public he tring schedded for rock tills; the constriction and Standards for Hatardous Alt pollutants August 27,1NO, we e not held because maintenance of coal refuse disposal for Radionuclide Emimons (54 FR 516M.
no one requested a1 opportunity to sites; and the slope cesign requirernents December 15,1989) as applied to NRC-e
- testify, for coal refuse dispmal sites, licensed facilities other than nuclear power reactors. In a future related
( n, Dy letter deted Oatober 11,1Wo. OSM III. Public Comment Procedures nottned the State 0 at certain proposed action epa intends to propose to I,<
revisions contained in its June 29,1990, in accordance wit a the provisions of re6clnd subpart I as it is applied to submission were fokmd to be less 30 CIR 732.17(h). O$1 is reopening the nuciar power reactors and to stay l
effective than the F rderr 'equirements
- omment period on West Virginia's subpart I for those facilities during the i,
(Administrative Record WV B54). At revised program arm ndment to provide pendency of : hat rulemaking. Tbene i '.
the State's request. OSM slayed final the public an opportunity to reconsider actions would supplant for such rulemaking on its ]Lne 29,1W0, the adequacy of the revisloris, facilities the stay originally granted by amendment to allow West \\ irgmla en Specifically,OSMis neeking comments the Administrator pursuant to Clean Air a
opportunity to subrnit revised on the revisions to O e State's Surface Act section 307(d)(7)(U),42 U.S.C.
title 7007(d)(7)(U), and subsequently modifications.
On November 16, 1M, OSM provided Mining Reclamation (egulations'on extended on March ts,1990 (55 FR i
38 Series 2, that wer r submitted N, Mai% 1990), Ny 122,1990 @5 the State commenthconcerning its proposed steep slo, multiple.seem December 17,1990 (/ dministrative IR 29205, July 18,1990), and September mining requirements ( Administrative Record No. WV B57). OSM is seeking 10,1990 (55 FR 38057, September 17 Record No. WV 654A).This letter was a comments on whether the revised ggg)'
follow up to OSM's initialissue letter of proposed amendmen; satisfies the sta,y gbR part a
Ap poses October it.1990, e,rd cr.talad.
applicable prograrn a pproval( iteria of 9 40
,,, p I'
recommendations which,if adopted, 30 CFR 732.15. If appaved, the 01 for all NRC. licensed f acilities excckt would make the proposed State rules no amendment will bectme part of the for nuticar power reactors from Marc l
less eflective than tse f ederal West Virginia perma tent regulatory 9,1W1 until November 15,1902, or until
- program, such earlier date that epa is prepared to Iy eIer sted November 30,1990, the Division of Energy cknowledged irritten Comment, mnke an initial determination under Clean Air Act section112(d)(9) and receipt of OSM. is e letters of October Written comments should be specific, conclude its reconsideration under e
I 11, and November 1 L 1990, and pe.tain only to the ist ues proposed in section 307(d)(7)(B). Comments 1
0 this rulemsking and i sclude concerning the prorused stay must be
$IDe e.ber 1
to d scuss 1
exp anations in support of the received by epa on or before February concerns (Administdtive Record No, i
c mmenter o recomm mdations.
211971. A hearing concerning the WV 850). As reques ed. a rneeting was Comments received afler the time proposal will be held in Washington, DC held on December 6 1990. The pnmary indic6ted under "DA"ES" or at on February 25,1991if a request for topic of discussion was OSM's issue locations other than tseOSM such a hearing is received h Februmiy
(
letter of November 1 0,1990, relating to Charleston Field Offb e will not 21,1991, For the location of the hearing.
multiple. seam minirg.
Dy lettee dated December 17,1990, necessarily be consid tred in the fmal please contact Al Colil at (703) 30&-et,/.
West Virginia subm tied revisions to its rulemaking or include 3 in the ADDRassts: Corn ~xnts should be initial program amendment of lune 29, Administrative Recor L submitted (in dupJcate if possible) to:
3 entral dom Seedon M31, 1990 (Administrativo Record No. WV 1.lst of SubIects in 50CFR part 148 Enviromental Protection Agency, Attn:
657). In addition, the State advised OSM that the proposed rues were being Coal mining. Inters: vernmental Docket No.a.79-11 Washtngton, DC subt iltted to the West Virginia relations, Surf ace min ng, Underground 20400 Requests to participate in the Lepidature for approval as final rules, mining.
hearing should be made in writing to the and, given the late date, promulgation of Director, Criteria and Standards Dated; February 5.1W.
Division MR400W,Favironmental the proposed modif> :attor.: as emergency regulatio.s would be Carl C. Clo**.
Protection Agency,40t M Street, CW.,
i problematic resultin t in confusion and Amstant Direcer, fosle n Scrport Center.
Washington, DC 20400. Comments and possible complicaticn of the legislative (TR Doc. 91-3092 :Jed 2-M-91: 6 45 mm) requests to participate in the hearing may also be faxed to the epa at (703) rulemaking process. The revised ew,.o coes m proposed amendment contains 306-0783.
b l ll l
c reder:1 Regist:r / Vol. TA No. 32 / Triday. February 15.1W1 / Nposed Rules ron runtan usonuAteone cowtACT:
fra en catepry or shear of fastes 1)pe of isc,ihty affords en etaple carpn Al Collt, Environmental Standards l'cer sed by the Nnlear Regdatory of safety under socCon 111of the Cha Draneh, Critena and Standards Division Cnmut n tot an Arwmnet0 is Air Act. WA win conclude its (ANR-4(4W1* Offde of Radietten reqired to be pmmelssted under thisycenon recensideration ud propose to rcsand Lt the Admimeustor detnnines. by tum and subpaJt 1 es it apphca to 64 lype of Programs. Environmental Protection afler consuhation with d.e Nudaar Agency. Washington, DC 20400. W) ktfutatory Cormnon, dat the regJstory facihty.If EPA determines that retentwn of sutpart Iis required io t(futd an 30&-CB7, kregrare estabbshs.d by the Nadear egulatory Corrarussion orsvant to the ample mattin of safetyior a panict.lar cur % tut wt Any swpreu Atwoec.
Atomic Energy ActIat xt category or type of NRC4tcensne, EPA
- di condude st,bcategory provides en a rpe wgm of the reconsideration by dissolvms the A. Ilock gmur.d safe.y se prcnect the pubbc hestth stay and perinuting the elandarti to take On October 31,1983. EPA Tor certain categories of NRC.11 censed effect as it opplies to that type of promukated undet section112 of the iacilities, EPA is concerned that the fadhty.
Clean Air Aca, C UAC 7412 Natioral trt!onestion preecmly aestlable to EPA ITA notes thai smtion 112(4)(4) of the Emission Standards forliarartlous Air may not be edequote to enable the Clean Att Act Amendments also suys Pollutants (NES11APs) contrulhng Agancy io determine whether or not the the applicatnlity of autpart I a e alphed radiornelide emisslans to the ambient regulator) program established by NRC to facilitics ensaged in medical rnearch air trorn severai source categories, la sufficiera to provide *sn emple margin or treatment. This Congressionally includag emissions from Licenseu of of safety to protoct the public health, as rnandated stmy will expire in November the Nucicat Regulatory Comrnission that term is used in section 112 af the 1992. or at such time that the (NRC) and Non DOE Federal Facthtles Clean Air Act.
Administralor snakes e deterndnation (subpart L 40 CTR part 61). This rule wa s At the time that EPA lasued its most puretant to a rulerneking under section published in the Fedaral Register on receat alay of aubpart MPA anucipated 112(d)(9).
Decerr ber 15.1389(54 TR 81t44). At the that a review d the cotr,ments noorved gpA invites etmunents concerning the earne time as the eule was prors uhated.
durig the comraeni penod (of proposed stay of the effectiveness of EPA granted reconsideraturn of aubpart recurmderation would yle&d aufhdent subpart 1, and spectfically seeks I based on infarrnation received late in catastons Information to enalde the comment on the issue of whether or not the rulemaking on the subkct of Agency to detennine those NRC-EPA has su!!1clent substantire d uplicative segula tion by NRC and EPA licensed facilitics (if ud for which infonnat>on te make the determination and on potentaal negettveef!ccts of the a dditional segula uan under s ubpart 1 is conceming NkC4icensediacmues standard on nuclear raedicine. EPA neccesary to provide an ample stargin of contemplated by section 112ld)(9).
established a comment period to receive safety.11owever, af ter reviewing the further informatbn on these sub)cets.
informaUon received durirg the C. Fadlitke Not Affected By the and also granted a 90< lay stay on comroent period for reconalderation, Propoecd Stay subpart I as p)ermitted by Clean Air Act EPA has concluded that there still g,g % %f, section 307(d (7)(U). 42 U.S.C.
nmains a gapin information conceming 7007(d)(7)(B). That stay expired u2 cerialn types of NRC4teensed facihties, EPA has received su%etent h1 arch 15.19ic.
EPA has also concluded that it is information conceming the bealth risks FPA subacquentiv extended the stay unlikely that the required information from nuclear power tenetors snd HRCs of the effective date of subpart1on can be obtained solely by schetting regulatory prqgram which controls those neveral occasions, pursuanito the further conusents from the affected risks to make eninitial determination authority provided by section 10(d) of facilities, under section 112(d)(9). For this estegory the Administrative Procedure Act in addition to consultatlan with the of NRC-heensedfaciltiles,EPAintends
( APA). 5 U.S.C 7D5. and section 301(a)
NRC, EPA now believes that it is to conctode its nconsideration and to of the Cean Air Act,42 U.S C 7001[a).
essential so speedDeally require 1: sue a proposal to nsclad subpart I as
($5 TR 1065, March 21.11MX155 FR subadesses of additionalinforanatma it applies to sur.h iacuttles. EPA will also 2020A July 18,1990; and 55 7R 38057, from a representative subset of affeded stay the effectiveness of subpart 1 ct September 17.'1990$.The most recent of facillues putssamt to section 114 of the nuclear power reactors during the these stays wm expire on htarch 9,1191.
Clean Air Act. Dae to the time required pendency of the rulemaking proccas.
for individual facsiltles to compile and D. W Stay submit the required information and foe M "' N *b " #8C M '
EPA to collate sud analyta the data, EPA's reconsideration of subpart1 EPA today proposes to stay the EPA anticipates that it could icke anul coveted all categories of facmues eMectiveness of subpart1 of 40 CPR part Now.mber ton 2 before EPA has subject io the atandard. including et 'or all NnC 1cknsed Mitles except sufficient informatian to male a Federal facillues not licensed by KRC nuclear power reectora.'This etsy also determination for these lacailles. EPA is and not operated by DOE rnon. DOE wm ed apply to f acmtics not licenwd therefore popoolns to stay the Federal facDiues7. EPA granted by the NRC or en etw mt state.' Isis effectiveness d subpart I for NRC-tocanalders Uon on the limited issues of partial stay of sebpart l is neceesary in licensed facilities othe.r than nucleat duplicatlan of efiort by EPA and NRC order so provide the Agency time to power eact w untu November 15,1992, and potentLM negauve impacis of the coUect the additionalinfonnation
,or tmtllsd earliet date that EPA is standard an the medical community.
eequired to make an initial prepared to make an initial EPA has cancluded thal these factors da determination purecare to e new determination under dean Air Act not apply to Federaliacallic not provision odded to section i12 by the section 112(d)(9) and conclude 6ts licensed by NRC. Therefore, the 1990 amendments to theClean Air Act.
teconsiderstion under section determination concerning the adequacy New eeetion ite(d;(9) provides.
30?[d)[7)[B). Li EPA determines that the of the NRC regulatory program No standard ler radionudde emissiora NRC regulatory program for a particular contemplated by the newlanguagein l
Mi
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Federal Resist:r / Vol. So, No. 32 / Friday, Febniary 15.1M / Proposed Rules ra41 section 112[d)(p) cannot apply to such Deted. hbruar> 12.1wt
,:6 facihtees. Accordingly, the additional Wulius K. ReiUy, m mt stsy of the effectivenen of subpart i Admm.suvtor.
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which epa is today proposmg will not p R Doc. Pi-3 a: Filed 2-14 01: a 45 eari 845 apply to non-DOE federal facilities that on,t a ecg,, e, are not licensed by NRC. Effecta e wo
- ~h March 9,196tl, subpart 1 of 40 CFR part 61 wiu go into effect as apphed to FEDERAL, EMtRGENCY Ce Sw rederal facihties not licensed by NRC MANAGEMENT AGENCY se or a "%ee s'*.
i
.w4 end not operated by DOE.
[
Federalinsurance Administration
- M',y @,T,'N D. Mincellaneous w.
son
- 1. Papenvork Reduction Act A A CYR F*'t * '
~~
q There are no information collecuon IDockst iso. FWA4006)
I"'d' 'f *I ' 1 "I' requirements in this proposed rule. As C.M Bu t tk.houtro.
I previously discussed, the Agency Proposed Flemd Devotion Admefotorreden 1/mumu, e
intends to issue section 114 letters to a Determinati A c'mmmmtwi.
representative sample of facilities and O'R Doc M 4c11 Fihl 2-14-#t 6 41 eml
?
the appropriate documents will at that Aotwcn Fede i Emergency m.ume ces uis.ea a time be submitted to OMB.
Management Agency.
- 2. Erecutive Order M91 acDom Pmpched rule; cornetion.
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DEPARTMENT OF T}tF. INTERIOR Under Executive Order 12291. EPA is E*
ee ajo r e and erri re su ec bau 000.yearl flood elevations to certain requirements of the Order, pg g The epa has determined that issuing a pnvieusly putlisbe,i et f.? FR 43641 on atey fcr Subparth will result in none of Non embes 21, l990. This correction M 10MBu the adverse economic effects set forth in notice pmvidei a mom accurate a
section I of the Order as gmunds for representa:lon of the flood Insurance Endangered and 1hroetened Wildlife findmg a regulation to be a ruajor tule."
Study and Flo4d Insurance Rate Map for and Plants; Propased Endangered This regulation is not mejor because the the Unincorpo ated Areas ofKingfiarier Status for the Plant Xyrte nationwide compliance costo do not County,Oklaha ia, tenneseoenale (Tonnessee Yellow-mret the $100 million threshold, the Fon rustrHan deconstaDoes Cosef aCn Eyed Groes) regulation does not significantly William R. IMke. Acting Chief Risk AosNcn Fish and Vildlife Service, increase prices or production costs, and Studies Divislin. Federal Insurance
- interior, the regulation does not cause significant Admmistratio$. Federal Ernersency acno,e p,o need,ule' edverse eflects on domestic competition, htenegement Agency, Washington DC fnnoao suusaAny:The Sewiua pmposes to list a r
uti n in or i 20472. (202) 64f 2754.
merkets.
suPruutwf Asy swonuAnoec The plant, Xym iennmeenis (Tennuue d
The Agency has not conducted a Federal Emerijmey Management g;['jdebe' ub '"
8fn y
a in Regulatory '.m set Analysis (RIA) of this Agency gives $otice of the correction to the Endangered Si ecies Act(Act)of proposed regu ation becauss this act on the Notice of Proposed Determinations 1973, as amended, Nyris tennesseensis does not constitute a major rule, of bue (100-year) flood elevations for is currently believod extant at only J. Acgulatory T/es.lb//ity Analysis selected locautmo in the Unincorporated seven sites-five i i Tennessee and one
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""'I' eachin Alabama and Georgia. All sites Section 003 of the Regulatory previously put lished at 5J FR 48646 on occupy leu than aa acre in aren.Three Flexibility Act. 5 U.S.C. 603, requires November 21, 1990,in accordance with populat'ons have i een lost and four of epa to prepare and make available for section 110 of :he Flood Disaster the tem iining populadons have delined comment an " initial regulatory Protectiun Act of 1973 (Pub. I. 93-2341.
In reces t years fro n habitat flexibility analysis" which describes the 87 Stat. 900, wilch added section 1363 to modifk adon apodated with effect of the proposed rule on small business entitles. llowever, section the National F oodInsurance Act of agriev tural and si:vicultural uses, road 00@)of the Act provides that an 1968 (Utle XIII of the flousing and Urban cons'.uction/ main enance, over.
will extend the Act,ed ession. This propos analysis not be required when the head Develupment Act of 19G8 (Pub.1. pra.
colketing and suca of an Agency certifies that the rule will 448)). 42 U.S.C 4001-4128, ar.d 44 CTR rv e. lf made final, s
not. if promulgeted, have a significant Part 67
' totection to Xyri.e tennessvens/s. %e Service ceeks data and comments from economic impact on a substantial number of small entities.
LJst of Subjec$ la 44 CTR Part 67 the public on this ; reposed rule.
This proposed rule to stay 40 CFR part Flood insuranea. Floodplains, Darts: Comments from all interested 61 subpart 1. if promulgated, will have parties must be received by April 16.
the effect of easing the burdens On page 4 Dam in the November 21 1991. Public hearma requesta must be associated with the provisions of 19901ssue ofIbderal Register, the entry received by April 1.19tn.
subpart I and for those reasons. I cerufy for Cimarron Eiver under Kingfisher ADDRtssts: Comtrents and materials that this rule will not have significant County (Uninwrporated Areas)in conceming the pm sosal should be sent economic impact on a substantial Oklahoma. is i orrected to read as to the U.S. Fish and Wildlife Service.
number o'small enuties.
follows:
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