[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.93]

[Page 68-71]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
  Subpart H_National Emission Standards for Emissions of Radionuclides 
          Other Than Radon From Department of Energy Facilities
 
Sec. 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.
    (b) Radionuclides emission rates from existing point sources (stacks 
or vents) shall be measured in accordance with the following 
requirements or with the requirements of paragraph (c) of this section, 
or other procedures for which EPA has granted prior approval:
    (1) Effluent flow rate measurements shall be made using the 
following methods:
    (i) Reference Method 2 of appendix A to part 60 of this chapter 
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 of this chapter 
shall be used to measure flow rates through pipes and small vents.
    (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 are necessary.

[[Page 69]]

    (2) Radionuclides shall be directly monitored or extracted, 
collected and measured using the following methods:
    (i) Reference Method 1 of appendix A to part 60 of this chapter 
shall be used to select monitoring or sampling sites.
    (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stream shall be withdrawn continuously from the sampling site following 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 ANSIN13.1-1969 ``Guide to Sampling Airborne 
Radioactive Materials in Nuclear Facilities'' (including the guidance 
presented in appendix A of ANSIN13.1) (incorporated by reference--see 
Sec. 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 the emissions.
    (iii) Radionuclides 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, Method 114.
    (3) When it 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 provided that:
    (i) It can be shown that the requirements of paragraph (b) (1) or 
(2) of this section are impractical for the effluent stream.
    (ii) The alternative procedure will not significantly underestimate 
the emissions.
    (iii) The alternative procedure is fully documented.
    (iv) The owner or operator has received prior approval from EPA.
    (4)(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 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.
    (5) 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 program.

[[Page 70]]

    (iii) Radionuclide concentrations which would cause an effective 
dose equivalent of 10% of the standard shall be readily detectable and 
distinguishable from background.
    (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.
    (vi) 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.
    (c) Radionuclide emission rates from new point sources (stacks or 
vents) as defined in subpart A shall be measured in accordance with the 
following requirements, or other procedures for which EPA has granted 
prior approval:
    (1) Effluent flow rate measurements shall be made using the 
following methods:
    (i) ANSI/HPS N13.1-1999 ``Sampling and Monitoring Releases of 
Airborne Radioactive Substances from the Stacks and Ducts of Nuclear 
Facilities' (incorporated by reference--see Sec. 61.18) shall be used 
to determine velocity and volumetric flow rates for stacks and large 
vents.
    (ii) ANSI/HPS N13.1-1999 shall be used to measure flow rates through 
pipes and small vents.
    (iii) The frequency of the flow rate measurements shall depend upon 
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 are necessary.
    (2) Radionuclide shall be directly monitored or extracted, collected 
and measured using the following methods:
    (i) ANSI/HPS N13.1-1999 shall be used to select monitoring or 
sampling sites.
    (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/HPS N13.1-1999. 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 the 
emissions.
    (iii) Radionuclides shall be collected and measured using procedures 
based on the principles of measurement described in appendix B, Method 
114 of this part. Use of methods based on principles of measurement 
different from those described in appendix B, Method 114 of this part 
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 ANSI/HPS N13.1-1999.
    (d) When it is impractical to measure the effluent flow rate at a 
source in accordance with the requirements of paragraph (b)(1) or (c) of 
this section or to monitor or sample an effluent stream at a source in 
accordance with the site selection and sample extraction requirements of 
paragraph (b)(2) or (c) of this section, the facility owner or operator 
may use alternative effluent flow rate measurement procedures or site 
selection and sample extraction procedures provided that:
    (1) It can be shown that the requirements of paragraph (b)(1) or (2) 
or (c) of this section are impractical for the effluent stream.
    (2) The alternative procedure will not significantly underestimate 
the emissions.

[[Page 71]]

    (3) The alternative procedure is fully documented.
    (4) The owner or operator has received prior approval from EPA.
    (e) Radionuclide emission measurements in conformance with the 
requirements of paragraph (b) or (c) of this section shall be made at 
all release points that have a potential to discharge radionuclides into 
the air in quantities that could cause an effective dose equivalent in 
excess of 1% of the standard. All radionuclides that 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 that have a potential to release radionuclides into the 
air, periodic confirmatory measurements shall be made to verify the low 
emissions.
    (f) To determine whether a release point is subject to the emission 
measurement requirements of paragraph (b) or (c) 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.
    (g) 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:
    (1) The air at the point of measurement shall be continuously 
sampled for collection of radionuclides.
    (2) Those radionuclides released from the facility that are the 
major contributors to the effective dose equivalent must be collected 
and measured as part of the environmental measurement program.
    (3) Radionuclide concentrations that would cause an effective dose 
equivalent of 10% of the standard shall be readily detectable and 
distinguishable from background.
    (4) Net measured radionuclide concentrations shall be compared to 
the concentration levels in Table 2 appendix E of this part 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 of appendix E of this part, and the sum of the fractions that 
result when each measured concentration value is divided by the value in 
Table 2 of appendix E of this part for each radionuclide is less than 1.
    (5) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, Method 114 of this 
part.
    (6) 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.

[54 FR 51695, Dec. 15, 1989, as amended at 65 FR 62156, Oct. 17, 2000; 
67 FR 57166, Sept. 9, 2002]