United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

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


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

Page Last Reviewed/Updated Thursday, March 29, 2012