Response to Questions Concerning Enforcement of 40 CFR 190,
"EPA Uranium Fu
HPPOS-008 PDR-9111210096
Title: Response to Questions Concerning Enforcement of 40
CFR 190, "EPA Uranium Fuel Cycle Standard"
See the memorandum from L. B. Higginbotham to A. F. Gibson
dated July 29, 1981, and the incoming request from A. F.
Gibson dated May 13, 1981. Enclosures to these memos
include: (1) a NRR letter to All Power Reactor Licensees
dated September 17, 1979, and (2) a copy of the Radioactive
Effluent Technical Specifications (RETS) 3.11.4. A
licensee's commitment to the Radiological Effluent
Technical Specifications (RETS) 3.11.4 is acceptable to
demonstrate compliance with the EPA Uranium Fuel Cycle
Standard, 40 CFR 190.
In a letter dated September 17, 1979, all power reactor
licensees were informed of the requirement to comply with
40 CFR 190 as of December 1, 1979. This letter also stated
that a licensee commitment to RETS 3.11.4 would be an
acceptable method of demonstrating compliance. Licensees
were requested to submit that commitment, or an alternative
method of compliance. Inspection for compliance with 40
CFR 190 should be made against those commitments for
licensees who do not have Technical Specifications covering
compliance with 40 CFR 190.
Responses to specific questions concerning inspection for
compliance with 10 CFR 40 were as follows:
1. Qualitative guidance on acceptable calculation
methods is provided in NUREG-0543, "Methods for
Demonstrating LWR Compliance With the EPA Uranium Fuel
Cycle Standard (40 CFR 190)," (February 1980). Since there
are no special 40 CFR 190 monitoring requirements, no
guidance is needed on this subject.
2. No letters or orders will be sent revoking the
existing effluent limits. Licensees must comply with 40 CFR
199 in addition to any other "existing limits."
3. Compliance with 40 CFR 190 is not based on calendar
quarters. As stated in Section 3.11.4 of the RETS, the 40
CFR 190 annual limits apply to any twelve consecutive
months.
4. Licensees are not expected to have difficulty in
complying with 40 CFR 190. Proposed enforcement actions for
licensees who cannot demonstrate compliance with 40 CFR 190
should be coordinated with the HQ staff. As indicated in
RETS 3.11.4, a licensee whose estimates of doses exceeds
the 40 CFR 190 limits, from a condition that has not
already been corrected, should request a variance in
accordance with the provisions of 40 CFR 190, at the time
the Special Report on exceeding the 40 CFR 190 limits is
submitted. A variance will be granted until staff action
on the request is completed by NRR.
5. No additional monitoring equipment is required, and
no "grace period" is needed for procurement or installation
of such equipment.
6. The use of Regulatory Guides 1.109-1.113 may result
in calculated doses that are too conservative for
determining compliance with 40 CFR 190. See NUREG-0543 for
a discussion of this point.
Regulatory references: 40 CFR 190, Technical Specifications
Subject codes: 7.3, 9.0, 12.12
Applicability: Reactors