[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: 40CFR61.94]

[Page 71-72]
 
                   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. 61.94  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 Sec. 
61.93(a) for the previous calendar year.
    (b) In addition to the requirements of paragraph (a) of this 
section, an annual report shall include the following information:
    (1) The name and location of the facility.
    (2) A list of the radioactive materials used at the facility.
    (3) A description of the handling and processing that the 
radioactive materials undergo at the facility.

[[Page 72]]

    (4) A list of the stacks or vents or other points where radioactive 
materials are released to the atmosphere.
    (5) A 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 device.
    (6) Distances from the points of release to the nearest residence, 
school, business or office and the nearest farms producing vegetables, 
milk, and meat.
    (7) The values used for all other user-supplied input parameters for 
the computer models (e.g., meteorological data) and the source of these 
data.
    (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 Sec. 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 supporting documentation.
    (9) Each 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, 18 
U.S.C. 1001.''
    (c) If the facility is not in compliance with the emission limits of 
Sec. 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.
    (2) If the facility is under a judicial or administrative 
enforcement decree, the report will describe the facilities performance 
under the terms of the decree.
    (d) In those 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 requirements.