81_FR_37701 81 FR 37589 - Notice of Availability: Draft Protective Action Guide (PAG) for Drinking Water After a Radiological Incident

81 FR 37589 - Notice of Availability: Draft Protective Action Guide (PAG) for Drinking Water After a Radiological Incident

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 112 (June 10, 2016)

Page Range37589-37592
FR Document2016-13786

As part of its mission to protect human health and the environment, the Environmental Protection Agency (EPA) publishes protective action guides to help federal, state, local and tribal emergency response officials make radiation protection decisions during emergencies. EPA, in coordination with a multi-agency working group within the Federal Radiological Preparedness Coordinating Committee, is proposing an addition to the 2013 revised interim Protective Action Guides and Planning Guidance for Radiological Incidents (``2013 revised PAG Manual'' hereafter) to provide guidance on drinking water. The Draft Protective Action Guide for Drinking Water is now available in the EPA Docket, under ID No. EPA-HQ-OAR-2007-0268, and EPA is requesting comment on the draft guide.

Federal Register, Volume 81 Issue 112 (Friday, June 10, 2016)
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37589-37592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13786]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0268; FRL-9947-55-OW]


Notice of Availability: Draft Protective Action Guide (PAG) for 
Drinking Water After a Radiological Incident

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of document availability; request for public comment.

-----------------------------------------------------------------------

SUMMARY: As part of its mission to protect human health and the 
environment, the Environmental Protection Agency (EPA) publishes 
protective action guides to help federal, state, local and tribal 
emergency response officials make radiation protection decisions during 
emergencies. EPA, in coordination with a multi-agency working group 
within the Federal Radiological Preparedness Coordinating Committee, is 
proposing an addition to the 2013 revised interim Protective Action 
Guides and Planning Guidance for Radiological Incidents (``2013 revised 
PAG Manual'' hereafter) to provide guidance on drinking water. The 
Draft Protective Action Guide for Drinking Water is now available in 
the EPA Docket, under ID No. EPA-HQ-OAR-2007-0268, and EPA is 
requesting comment on the draft guide.

DATES: Comments must be received on or before July 25, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0268, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written

[[Page 37590]]

comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Lisa M. Christ, Standards and Risk 
Management Division, Office of Ground Water and Drinking Water, Mail 
Code 4607M, U.S. Environmental Protection Agency, 1200 Pennsylvania 
Avenue NW., Washington, DC 20460; telephone number: (202) 564-8354; fax 
number: (202) 564-3758; Email: [email protected].

SUPPLEMENTARY INFORMATION: 

1. General Information

A. Does this action apply to me?

    This action does not impose any requirements on anyone. It notifies 
interested parties of EPA's proposed, draft drinking water protective 
action guide (PAG) and requests public comment. The drinking water PAG 
will help federal, state, local, tribal officials and public water 
systems make decisions about use of water during radiological 
emergencies. The drinking water PAG is non-regulatory guidance.

B. What authority does EPA have to provide Protective Action Guidance?

    The historical and legal basis of EPA's role in the 2013 PAG Manual 
begins with Reorganization Plan No. 3 of 1970, in which the 
Administrator of the EPA assumed all the functions of the Federal 
Radiation Council (FRC), including the charge to ``. . . advise the 
President with respect to radiation matters, directly or indirectly 
affecting health, including guidance for all federal agencies in the 
formulation of radiation standards and in the establishment and 
execution of programs of cooperation with [s]tates.'' (Reorg. Plan No. 
3 of 1970, sec. 2(a)(7), 6(a)(2); Sec.  274.h of the Atomic Energy Act 
of 1954, as amended (AEA), codified at 42 U.S.C. 2021(h)). Recognizing 
this role, the Federal Emergency Management Agency (FEMA) directed EPA, 
in its Radiological Emergency Planning and Preparedness Regulations, to 
``establish Protective Action Guides (PAGs) for all aspects of 
radiological emergency planning in coordination with appropriate 
federal agencies.'' (44 CFR 351.22(a)). FEMA also tasked EPA with 
preparing ``guidance for state and local governments on implementing 
PAGs, including recommendations on protective actions which can be 
taken to mitigate the potential radiation dose to the population.'' (44 
CFR 351.22(b)). All of this information was to ``be presented in the 
Environmental Protection Agency (EPA) `Manual of Protective Action 
Guides and Protective Actions for Nuclear Incidents.' ''(44 CFR 
351.22(b)).
    Additionally, section 2021(h) charged the Administrator with 
performing ``such other functions as the President may assign to him 
[or her] by Executive Order.'' Executive Order 12656 states that the 
Administrator shall ``[d]evelop, for national security emergencies, 
guidance on acceptable emergency levels of nuclear radiation. . ..'' 
(Executive Order No. 12656, sec. 1601(2)). EPA's role in PAGs 
development was reaffirmed by the National Response Framework, Nuclear/
Radiological Incident Annex of June 2008.

C. What is the PAG Manual: Protective Action Guides and Planning 
Guidance for Radiological Incidents?

    In 2013, EPA revised the PAG Manual to provide federal, state and 
local emergency management officials with guidance for responding to 
radiological emergencies (78 FR 22257, April 15, 2013). See the 2013 
PAG Manual at https://www.epa.gov/radiation/protective-action-guides-pags. A protective action guide (PAG) is the projected dose to an 
individual from a release of radioactive material at which a specific 
protective action to reduce or avoid that dose is recommended. 
Emergency management officials use PAGs for making decisions regarding 
actions to protect the public from exposure to radiation during an 
emergency. Such actions include evacuation, shelter-in-place, temporary 
relocation, water and food restrictions.
    The PAGs are based on the following essential principles, which 
also apply to the selection of any protective action during an 
incident:
     Prevent acute effects.
     Balance protection with other important factors and ensure 
that actions result in more benefit than harm.
     Reduce risk of chronic effects.
    The PAG Manual is not a legally binding regulation or standard and 
does not supersede any environmental laws; PAGs are not intended to 
define ``safe'' or ``unsafe'' levels of exposure or contamination. As 
indicated by the use of non-mandatory language such as ``may,'' 
``should'' and ``can,'' the Manual only provides recommendations and 
does not confer any legal rights or impose any legally binding 
requirements upon any member of the public, states or any federal 
agency. Rather, the PAG Manual provides projected radiation dose levels 
at which specific actions are recommended in order to reduce or avoid 
that dose. The 2013 revised interim PAG Manual is designed to provide 
flexibility to be more or less restrictive as deemed appropriate by 
decision makers based on the unique characteristics of the incident and 
the local situation.

D. What additional guidance is being proposed for the PAG Manual?

    The draft drinking water protective action guidance was developed 
by a multi-agency PAG Subcommittee of the Federal Radiological 
Preparedness Coordinating Committee and is published by the EPA with 
concurrence from the Department of Energy, the Department of Defense, 
the Department of Homeland Security (DHS), including the Federal 
Emergency Management Agency, the Nuclear Regulatory Commission, the 
Department of Health and Human Services, including both the Centers for 
Disease Control and Prevention and the Food and Drug Administration 
(FDA), the U.S. Department of Agriculture and the Department of Labor.
    A large scale radiation contamination incident could impact the 
United States, driving the need for a pre-established drinking water 
PAG. EPA is proposing a two-tiered intermediate phase drinking water 
PAG of 100 mrem projected dose in the first year for infants, children 
and pregnant or nursing women and 500 mrem projected dose in the first 
year for the general population. The proposed PAG is designed to work 
in concert with the other Protective Action Guides currently in place 
for other media in the intermediate phase (i.e., the Food and Drug 
Administration's 500 mrem PAG for ingestion of food) and provides an 
additional level of protection for the most sensitive life stages. 
Authorities have flexibility on how to apply the PAG. In some cases 
they may find it prudent to use a single PAG (e.g., 100 mrem) as a 
target for the whole population, while in other circumstances, 
authorities may find that it makes sense to use both targets 
simultaneously. For example, emergency managers can use a two-tiered 
approach to focus on protecting the most sensitive population with 
limited, alternate water resources. Because the water and food PAGs are

[[Page 37591]]

designed to be used in concert, the appropriate protective actions will 
be influenced by the exposure scenario and factors that influence the 
viability of alternative approaches to reducing that dose.
    This proposed, additional draft guidance recommends protective 
actions when drinking water may be impacted by a radiological or 
nuclear incident. The two-tier approach seeks to balance the goal of 
keeping radiation doses as low as possible with the practical and 
logistical challenges of providing alternative drinking water during 
the response to a disaster. EPA has included examples of estimated 
costs for selected drinking water protective actions in the Docket, ID 
No. EPA-HQ-OAR-2007-0268. In developing the drinking water PAG, the 
Agency considered potential cumulative exposure from a radiation 
incident. Ultimately, a PAG does not represent an ``acceptable'' 
routine exposure; a PAG is a dose at which protective action is advised 
in order to reduce or avoid that dose. Every PAG is developed with the 
same three principles: prevent acute effects, balance protection with 
other important factors and ensure that actions result in more benefit 
than harm, and reduce risk of chronic effects. Emergency management 
officials should consider all exposure routes when making protective 
action decisions in an emergency.
    Under the Safe Drinking Water Act (SDWA), the Agency has 
established maximum contaminant levels (MCLs) for radiological 
contaminants in drinking water. The National Primary Drinking Water 
Regulations (NPDWR) for radionuclides are based on lifetime exposure 
criteria and assume 70 years of continued exposure to contaminants in 
drinking water. While the SDWA framework is appropriate for day-to-day 
normal operations, it may not provide the necessary tools to assist 
emergency responders with determining the need for an immediate 
protective action. EPA expects that any drinking water system adversely 
impacted during a radiation contamination incident will take action to 
return to compliance with MCLs as soon as practicable.

E. How were comments received on the 2013 draft PAG Manual considered 
in developing this proposal?

    On April 15, 2013, EPA published a Federal Register notice 
requesting public comments on the appropriateness of developing and 
incorporating a drinking water PAG in the revised PAG Manual (78 FR 
22257).
    Regarding the specific issue of drinking water, the Agency received 
about 50 comment letters from members of the public, state and local 
emergency response and health organizations, environmental advocates, 
industry associations, organizations opposed to nuclear power, and from 
national and international radiation protection organizations.
    Several commenters from state emergency management agencies and 
radiation control programs expressed an urgent need for EPA to 
establish a drinking water PAG, pointing out that drinking water is the 
only media not currently addressed in the PAG Manual. Commenters stated 
that a drinking water PAG is a critical aspect of a coordinated 
emergency response after a radiation contamination incident.
    Commenters representing states agencies from Ohio, Kansas, 
Pennsylvania, Illinois and Washington suggested that a drinking water 
PAG should be established at the 500 mrem level, to be consistent with 
the FDA food PAG and with the DHS guidance \1\ for water. While EPA 
agrees with the need of establishing a drinking water PAG, which is 
consistent with currently available guidance, it is also important to 
note that EPA believes that when possible, PAG recommendations should 
provide an additional level of protection to sensitive life-stages. For 
short-term incidents, it is appropriate to consider a lower tier PAG 
level of 100 mrem for sensitive life-stages including pregnant women, 
nursing women and children 15 years old and under. This approach of 
setting a two-tier level of protection incorporates suggestions 
submitted by commenters regarding the adequate consideration of 
children and sensitive subpopulations. There is an abundant precaution 
built into the derivation of the drinking water PAG through a variety 
of assumptions, including amount of water consumed, exposure duration 
and dose-response modeling, using the dose-response for the most 
sensitive life stages to derive the PAG for children through age 15 
years. Today's proposal ensures that protective measures are 
appropriate for all members of the public, including sensitive 
subpopulations.
---------------------------------------------------------------------------

    \1\ Guidance established by the Department of Homeland Security 
as an intermediate-level PAG for drinking water interdiction (73 FR 
45029, April 1, 2008).
---------------------------------------------------------------------------

    In contrast, several commenters from environmental protection 
advocate organizations suggested that a drinking water PAG is not 
needed, and urged EPA to base any emergency response measures regarding 
drinking water solely on the NPDWR for Radionuclides MCLs. Some 
commenters expressed concerns that establishing a drinking water PAG 
would weaken existing environmental standards and regulations. However, 
the drinking water standards are legal limits designed to prevent 
health effects from everyday exposure to low levels of radiation over 
long periods and they are not changing with this proposal.
    Estimated risk of excess cancer cases for lifetime exposure (70 
years) to radioactive contaminants in drinking water at 4 mrem/yr (the 
MCL) generally falls in a range of risks deemed acceptable by the 
Agency's regulations. Estimated risks associated with a shorter (one 
year) exposure to radioactivity in drinking water at the proposed PAG 
levels fall within a similar range. Emergency guides are temporary 
measures to minimize risk while enabling prioritization of limited 
resources during an emergency response.
    The PAG levels are guidance for emergency situations; they do not 
supplant any standards or regulations, nor do they affect the 
stringency or enforcement of any standards or regulations. The PAG 
levels are intended to be used only in an emergency when radiation 
levels have already exceeded environmental standards. EPA expects that 
any drinking water system adversely impacted during a radiation 
incident will take action to return to compliance with Safe Drinking 
Water Act levels as soon as practicable.

F. When will the PAG Manual be finalized?

    Once comments on this proposed, additional draft action have been 
addressed, EPA will add drinking water guidance to the full PAG Manual, 
which will then be issued in final form for incorporation into state, 
local, tribal and federal emergency response plans over a one-year 
implementation timeframe.

G. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
     Identify the rulemaking by docket number, subject heading, 
Federal Register date and page number.
     Follow directions--the EPA may ask you to respond to 
specific questions or organize comments by referencing the chapter 
number of the draft action guide
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide technical information 
and data that you used.

[[Page 37592]]

     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow it to be 
reproduced.
     Illustrate your concerns with specific examples and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

H. What specific comments are being sought?

    While all comments regarding any aspect of the draft drinking water 
PAG guidance will be considered, please comment on the following issues 
specifically:
     Please comment on the appropriateness of the drinking 
water PAG and the guidance for advance planning.
     Please comment on what implementation challenges might be 
associated with the two-tiered approach to the water PAG that EPA 
should consider, and suggest additional guidance that would be helpful.
     Please comment on whether (and if so why) EPA should 
reconsider using a single-tier drinking water PAG rather than tiered 
approach proposed in the draft action guide.
     Please suggest additional guidance that would aid pre-
incident planning and implementation specific to your community's 
drinking water systems.
     Please comment on how this guidance should be implemented 
in emergency response and recovery plans at all levels of government, 
including considerations for public communications during an emergency.
    In the future, calculations and derived response levels will be 
provided in the Federal Radiological Monitoring and Assessment Center 
(FRMAC) Assessment Manuals. Emergency planners are referred to FRMAC 
Monitoring and Sampling Methods to assess surface and drinking water 
impacts from a radiological emergency. See the Assessment and 
Monitoring & Sampling folders at http://www.nv.doe.gov/nationalsecurity/homelandsecurity/frmac/manuals.aspx. After considering 
public comments, EPA intends to issue a final PAG Manual, which will 
supersede the 1992 PAG Manual and the 2013 revised PAG Manual.

    Dated: June 3, 2016.
Joel Beauvais,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2016-13786 Filed 6-9-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                    Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices                                                  37589

                                                    the CAA, on or before December 16,                      will be made available for public                      directly to the Docket without going
                                                    2016.                                                   viewing online at www.regulations.gov                  through www.regulations.gov, your
                                                       Under the terms of the proposed                      without change, unless the comment                     email address is automatically captured
                                                    consent decree, EPA would                               contains copyrighted material,                         and included as part of the comment
                                                    expeditiously deliver notice of EPA’s                   confidential business information (CBI),               that is placed in the official public
                                                    response to the Office of the Federal                   or other information whose disclosure is               docket, and made available in EPA’s
                                                    Register for review and publication                     restricted by statute. Information                     electronic public docket.
                                                    following signature of such response. In                claimed as CBI and other information                     Dated: June 1, 2016.
                                                    addition, the proposed consent decree                   whose disclosure is restricted by statute
                                                                                                                                                                   Lorie J. Schmidt,
                                                    outlines the procedure for the Plaintiffs               is not included in the official public
                                                                                                            docket or in the electronic public                     Associate General Counsel.
                                                    to request costs of litigation, including
                                                                                                            docket. EPA’s policy is that copyrighted               [FR Doc. 2016–13792 Filed 6–9–16; 8:45 am]
                                                    attorney fees.
                                                       For a period of thirty (30) days                     material, including copyrighted material               BILLING CODE 6560–50–P

                                                    following the date of publication of this               contained in a public comment, will not
                                                    notice, the Agency will accept written                  be placed in EPA’s electronic public
                                                    comments relating to the proposed                       docket but will be available only in                   ENVIRONMENTAL PROTECTION
                                                    consent decree from persons who are                     printed, paper form in the official public             AGENCY
                                                    not named as parties or intervenors to                  docket. Although not all docket                        [EPA–HQ–OAR–2007–0268; FRL–9947–55–
                                                    the litigation in question. EPA or the                  materials may be available                             OW]
                                                    Department of Justice may withdraw or                   electronically, you may still access any
                                                    withhold consent to the proposed                        of the publicly available docket                       Notice of Availability: Draft Protective
                                                    consent decree if the comments disclose                 materials through the EPA Docket                       Action Guide (PAG) for Drinking Water
                                                    facts or considerations that indicate that              Center.                                                After a Radiological Incident
                                                    such consent is inappropriate,                          B. How and to whom do I submit                         AGENCY:  Environmental Protection
                                                    improper, inadequate, or inconsistent                   comments?                                              Agency (EPA).
                                                    with the requirements of the Act. Unless                                                                       ACTION: Notice of document availability;
                                                    EPA or the Department of Justice                           You may submit comments as
                                                                                                            provided in the ADDRESSES section.                     request for public comment.
                                                    determines that consent to this consent
                                                    decree should be withdrawn, the terms                   Please ensure that your comments are                   SUMMARY:    As part of its mission to
                                                    of the consent decree will be affirmed.                 submitted within the specified comment                 protect human health and the
                                                                                                            period. Comments received after the                    environment, the Environmental
                                                    II. Additional Information About                        close of the comment period will be                    Protection Agency (EPA) publishes
                                                    Commenting on the Proposed Consent                      marked ‘‘late.’’ EPA is not required to                protective action guides to help federal,
                                                    Decree                                                  consider these late comments.
                                                                                                                                                                   state, local and tribal emergency
                                                                                                               If you submit an electronic comment,
                                                    A. How can I get a copy of the consent                                                                         response officials make radiation
                                                                                                            EPA recommends that you include your
                                                    decree?                                                                                                        protection decisions during
                                                                                                            name, mailing address, and an email
                                                       The official public docket for this                  address or other contact information in                emergencies. EPA, in coordination with
                                                    action (identified by Docket ID No.                     the body of your comment and with any                  a multi-agency working group within
                                                    EPA–HQ–OGC–2016–0301) contains a                        disk or CD ROM you submit. This                        the Federal Radiological Preparedness
                                                    copy of the proposed consent decree.                    ensures that you can be identified as the              Coordinating Committee, is proposing
                                                    The official public docket is available                 submitter of the comment and allows                    an addition to the 2013 revised interim
                                                    for public viewing at the Office of                     EPA to contact you in case EPA cannot                  Protective Action Guides and Planning
                                                    Environmental Information (OEI) Docket                  read your comment due to technical                     Guidance for Radiological Incidents
                                                    in the EPA Docket Center, EPA West,                     difficulties or needs further information              (‘‘2013 revised PAG Manual’’ hereafter)
                                                    Room 3334, 1301 Constitution Ave.,                      on the substance of your comment. Any                  to provide guidance on drinking water.
                                                    NW., Washington, DC. The EPA Docket                     identifying or contact information                     The Draft Protective Action Guide for
                                                    Center Public Reading Room is open                      provided in the body of a comment will                 Drinking Water is now available in the
                                                    from 8:30 a.m. to 4:30 p.m., Monday                     be included as part of the comment that                EPA Docket, under ID No. EPA–HQ–
                                                    through Friday, excluding legal                         is placed in the official public docket,               OAR–2007–0268, and EPA is requesting
                                                    holidays. The telephone number for the                  and made available in EPA’s electronic                 comment on the draft guide.
                                                    Public Reading Room is (202) 566–1744,                  public docket. If EPA cannot read your                 DATES: Comments must be received on
                                                    and the telephone number for the OEI                    comment due to technical difficulties                  or before July 25, 2016.
                                                    Docket is (202) 566–1752.                               and cannot contact you for clarification,              ADDRESSES: Submit your comments,
                                                       An electronic version of the public                  EPA may not be able to consider your                   identified by Docket ID No. EPA–HQ–
                                                    docket is available through                             comment.                                               OAR–2007–0268, to the Federal
                                                    www.regulations.gov. You may use                           Use of the www.regulations.gov Web                  eRulemaking Portal: http://
                                                    www.regulations.gov to submit or view                   site to submit comments to EPA                         www.regulations.gov. Follow the online
                                                    public comments, access the index                       electronically is EPA’s preferred method               instructions for submitting comments.
                                                    listing of the contents of the official                 for receiving comments. The electronic                 Once submitted, comments cannot be
                                                    public docket, and access those                         public docket system is an ‘‘anonymous                 edited or withdrawn. The EPA may
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    documents in the public docket that are                 access’’ system, which means EPA will                  publish any comment received to its
                                                    available electronically. Once in the                   not know your identity, email address,                 public docket. Do not submit
                                                    system, key in the appropriate docket                   or other contact information unless you                electronically any information you
                                                    identification number then select                       provide it in the body of your comment.                consider to be Confidential Business
                                                    ‘‘search.’’                                             In contrast to EPA’s electronic public                 Information (CBI) or other information
                                                       It is important to note that EPA’s                   docket, EPA’s electronic mail (email)                  whose disclosure is restricted by statute.
                                                    policy is that public comments, whether                 system is not an ‘‘anonymous access’’                  Multimedia submissions (audio, video,
                                                    submitted electronically or in paper,                   system. If you send an email comment                   etc.) must be accompanied by a written


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                                                    37590                           Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

                                                    comment. The written comment is                         appropriate federal agencies.’’ (44 CFR                ‘‘may,’’ ‘‘should’’ and ‘‘can,’’ the Manual
                                                    considered the official comment and                     351.22(a)). FEMA also tasked EPA with                  only provides recommendations and
                                                    should include discussion of all points                 preparing ‘‘guidance for state and local               does not confer any legal rights or
                                                    you wish to make. The EPA will                          governments on implementing PAGs,                      impose any legally binding
                                                    generally not consider comments or                      including recommendations on                           requirements upon any member of the
                                                    comment contents located outside of the                 protective actions which can be taken to               public, states or any federal agency.
                                                    primary submission (i.e. on the web,                    mitigate the potential radiation dose to               Rather, the PAG Manual provides
                                                    cloud, or other file sharing system). For               the population.’’ (44 CFR 351.22(b)). All              projected radiation dose levels at which
                                                    additional submission methods, the full                 of this information was to ‘‘be presented              specific actions are recommended in
                                                    EPA public comment policy,                              in the Environmental Protection Agency                 order to reduce or avoid that dose. The
                                                    information about CBI or multimedia                     (EPA) ‘Manual of Protective Action                     2013 revised interim PAG Manual is
                                                    submissions, and general guidance on                    Guides and Protective Actions for                      designed to provide flexibility to be
                                                    making effective comments, please visit                 Nuclear Incidents.’ ’’(44 CFR 351.22(b)).              more or less restrictive as deemed
                                                    http://www2.epa.gov/dockets/                               Additionally, section 2021(h) charged               appropriate by decision makers based
                                                    commenting-epa-dockets.                                 the Administrator with performing                      on the unique characteristics of the
                                                    FOR FURTHER INFORMATION CONTACT: Lisa                   ‘‘such other functions as the President                incident and the local situation.
                                                    M. Christ, Standards and Risk                           may assign to him [or her] by Executive
                                                                                                                                                                   D. What additional guidance is being
                                                    Management Division, Office of Ground                   Order.’’ Executive Order 12656 states
                                                                                                                                                                   proposed for the PAG Manual?
                                                    Water and Drinking Water, Mail Code                     that the Administrator shall ‘‘[d]evelop,
                                                    4607M, U.S. Environmental Protection                    for national security emergencies,                        The draft drinking water protective
                                                    Agency, 1200 Pennsylvania Avenue                        guidance on acceptable emergency                       action guidance was developed by a
                                                    NW., Washington, DC 20460; telephone                    levels of nuclear radiation. . ..’’                    multi-agency PAG Subcommittee of the
                                                    number: (202) 564–8354; fax number:                     (Executive Order No. 12656, sec.                       Federal Radiological Preparedness
                                                    (202) 564–3758; Email:                                  1601(2)). EPA’s role in PAGs                           Coordinating Committee and is
                                                    christ.lisa@epa.gov.                                    development was reaffirmed by the                      published by the EPA with concurrence
                                                                                                            National Response Framework,                           from the Department of Energy, the
                                                    SUPPLEMENTARY INFORMATION:                                                                                     Department of Defense, the Department
                                                                                                            Nuclear/Radiological Incident Annex of
                                                    1. General Information                                  June 2008.                                             of Homeland Security (DHS), including
                                                                                                                                                                   the Federal Emergency Management
                                                    A. Does this action apply to me?                        C. What is the PAG Manual: Protective                  Agency, the Nuclear Regulatory
                                                      This action does not impose any                       Action Guides and Planning Guidance                    Commission, the Department of Health
                                                    requirements on anyone. It notifies                     for Radiological Incidents?                            and Human Services, including both the
                                                    interested parties of EPA’s proposed,                      In 2013, EPA revised the PAG Manual                 Centers for Disease Control and
                                                    draft drinking water protective action                  to provide federal, state and local                    Prevention and the Food and Drug
                                                    guide (PAG) and requests public                         emergency management officials with                    Administration (FDA), the U.S.
                                                    comment. The drinking water PAG will                    guidance for responding to radiological                Department of Agriculture and the
                                                    help federal, state, local, tribal officials            emergencies (78 FR 22257, April 15,                    Department of Labor.
                                                    and public water systems make                           2013). See the 2013 PAG Manual at                         A large scale radiation contamination
                                                    decisions about use of water during                     https://www.epa.gov/radiation/                         incident could impact the United States,
                                                    radiological emergencies. The drinking                  protective-action-guides-pags. A                       driving the need for a pre-established
                                                    water PAG is non-regulatory guidance.                   protective action guide (PAG) is the                   drinking water PAG. EPA is proposing
                                                                                                            projected dose to an individual from a                 a two-tiered intermediate phase
                                                    B. What authority does EPA have to
                                                                                                            release of radioactive material at which               drinking water PAG of 100 mrem
                                                    provide Protective Action Guidance?                                                                            projected dose in the first year for
                                                                                                            a specific protective action to reduce or
                                                      The historical and legal basis of EPA’s               avoid that dose is recommended.                        infants, children and pregnant or
                                                    role in the 2013 PAG Manual begins                      Emergency management officials use                     nursing women and 500 mrem projected
                                                    with Reorganization Plan No. 3 of 1970,                 PAGs for making decisions regarding                    dose in the first year for the general
                                                    in which the Administrator of the EPA                   actions to protect the public from                     population. The proposed PAG is
                                                    assumed all the functions of the Federal                exposure to radiation during an                        designed to work in concert with the
                                                    Radiation Council (FRC), including the                  emergency. Such actions include                        other Protective Action Guides currently
                                                    charge to ‘‘. . . advise the President                  evacuation, shelter-in-place, temporary                in place for other media in the
                                                    with respect to radiation matters,                      relocation, water and food restrictions.               intermediate phase (i.e., the Food and
                                                    directly or indirectly affecting health,                   The PAGs are based on the following                 Drug Administration’s 500 mrem PAG
                                                    including guidance for all federal                      essential principles, which also apply to              for ingestion of food) and provides an
                                                    agencies in the formulation of radiation                the selection of any protective action                 additional level of protection for the
                                                    standards and in the establishment and                  during an incident:                                    most sensitive life stages. Authorities
                                                    execution of programs of cooperation                       • Prevent acute effects.                            have flexibility on how to apply the
                                                    with [s]tates.’’ (Reorg. Plan No. 3 of                     • Balance protection with other                     PAG. In some cases they may find it
                                                    1970, sec. 2(a)(7), 6(a)(2); § 274.h of the             important factors and ensure that                      prudent to use a single PAG (e.g., 100
                                                    Atomic Energy Act of 1954, as amended                   actions result in more benefit than                    mrem) as a target for the whole
                                                    (AEA), codified at 42 U.S.C. 2021(h)).                                                                         population, while in other
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                                                                                                            harm.
                                                    Recognizing this role, the Federal                         • Reduce risk of chronic effects.                   circumstances, authorities may find that
                                                    Emergency Management Agency                                The PAG Manual is not a legally                     it makes sense to use both targets
                                                    (FEMA) directed EPA, in its                             binding regulation or standard and does                simultaneously. For example,
                                                    Radiological Emergency Planning and                     not supersede any environmental laws;                  emergency managers can use a two-
                                                    Preparedness Regulations, to ‘‘establish                PAGs are not intended to define ‘‘safe’’               tiered approach to focus on protecting
                                                    Protective Action Guides (PAGs) for all                 or ‘‘unsafe’’ levels of exposure or                    the most sensitive population with
                                                    aspects of radiological emergency                       contamination. As indicated by the use                 limited, alternate water resources.
                                                    planning in coordination with                           of non-mandatory language such as                      Because the water and food PAGs are


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                                                                                    Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices                                             37591

                                                    designed to be used in concert, the                     about 50 comment letters from members                  concerns that establishing a drinking
                                                    appropriate protective actions will be                  of the public, state and local emergency               water PAG would weaken existing
                                                    influenced by the exposure scenario and                 response and health organizations,                     environmental standards and
                                                    factors that influence the viability of                 environmental advocates, industry                      regulations. However, the drinking
                                                    alternative approaches to reducing that                 associations, organizations opposed to                 water standards are legal limits
                                                    dose.                                                   nuclear power, and from national and                   designed to prevent health effects from
                                                       This proposed, additional draft                      international radiation protection                     everyday exposure to low levels of
                                                    guidance recommends protective                          organizations.                                         radiation over long periods and they are
                                                    actions when drinking water may be                        Several commenters from state                        not changing with this proposal.
                                                    impacted by a radiological or nuclear                   emergency management agencies and                         Estimated risk of excess cancer cases
                                                    incident. The two-tier approach seeks to                radiation control programs expressed an                for lifetime exposure (70 years) to
                                                    balance the goal of keeping radiation                   urgent need for EPA to establish a                     radioactive contaminants in drinking
                                                    doses as low as possible with the                       drinking water PAG, pointing out that                  water at 4 mrem/yr (the MCL) generally
                                                    practical and logistical challenges of                  drinking water is the only media not                   falls in a range of risks deemed
                                                    providing alternative drinking water                    currently addressed in the PAG Manual.                 acceptable by the Agency’s regulations.
                                                    during the response to a disaster. EPA                  Commenters stated that a drinking water                Estimated risks associated with a shorter
                                                    has included examples of estimated                      PAG is a critical aspect of a coordinated              (one year) exposure to radioactivity in
                                                    costs for selected drinking water                       emergency response after a radiation                   drinking water at the proposed PAG
                                                    protective actions in the Docket, ID No.                contamination incident.                                levels fall within a similar range.
                                                    EPA–HQ–OAR–2007–0268. In                                  Commenters representing states                       Emergency guides are temporary
                                                    developing the drinking water PAG, the                  agencies from Ohio, Kansas,                            measures to minimize risk while
                                                    Agency considered potential cumulative                  Pennsylvania, Illinois and Washington                  enabling prioritization of limited
                                                    exposure from a radiation incident.                     suggested that a drinking water PAG                    resources during an emergency
                                                    Ultimately, a PAG does not represent an                 should be established at the 500 mrem                  response.
                                                    ‘‘acceptable’’ routine exposure; a PAG is               level, to be consistent with the FDA                      The PAG levels are guidance for
                                                    a dose at which protective action is                    food PAG and with the DHS guidance 1                   emergency situations; they do not
                                                    advised in order to reduce or avoid that                for water. While EPA agrees with the                   supplant any standards or regulations,
                                                    dose. Every PAG is developed with the                   need of establishing a drinking water                  nor do they affect the stringency or
                                                    same three principles: prevent acute                    PAG, which is consistent with currently                enforcement of any standards or
                                                    effects, balance protection with other                  available guidance, it is also important               regulations. The PAG levels are
                                                    important factors and ensure that                       to note that EPA believes that when                    intended to be used only in an
                                                    actions result in more benefit than                     possible, PAG recommendations should                   emergency when radiation levels have
                                                    harm, and reduce risk of chronic effects.               provide an additional level of protection              already exceeded environmental
                                                    Emergency management officials should                   to sensitive life-stages. For short-term               standards. EPA expects that any
                                                    consider all exposure routes when                       incidents, it is appropriate to consider a             drinking water system adversely
                                                    making protective action decisions in an                lower tier PAG level of 100 mrem for                   impacted during a radiation incident
                                                    emergency.                                              sensitive life-stages including pregnant
                                                       Under the Safe Drinking Water Act                                                                           will take action to return to compliance
                                                                                                            women, nursing women and children 15                   with Safe Drinking Water Act levels as
                                                    (SDWA), the Agency has established                      years old and under. This approach of
                                                    maximum contaminant levels (MCLs)                                                                              soon as practicable.
                                                                                                            setting a two-tier level of protection
                                                    for radiological contaminants in                        incorporates suggestions submitted by                  F. When will the PAG Manual be
                                                    drinking water. The National Primary                    commenters regarding the adequate                      finalized?
                                                    Drinking Water Regulations (NPDWR)                      consideration of children and sensitive
                                                    for radionuclides are based on lifetime                                                                          Once comments on this proposed,
                                                                                                            subpopulations. There is an abundant                   additional draft action have been
                                                    exposure criteria and assume 70 years of                precaution built into the derivation of
                                                    continued exposure to contaminants in                                                                          addressed, EPA will add drinking water
                                                                                                            the drinking water PAG through a                       guidance to the full PAG Manual, which
                                                    drinking water. While the SDWA                          variety of assumptions, including
                                                    framework is appropriate for day-to-day                                                                        will then be issued in final form for
                                                                                                            amount of water consumed, exposure                     incorporation into state, local, tribal and
                                                    normal operations, it may not provide                   duration and dose-response modeling,
                                                    the necessary tools to assist emergency                                                                        federal emergency response plans over a
                                                                                                            using the dose-response for the most                   one-year implementation timeframe.
                                                    responders with determining the need                    sensitive life stages to derive the PAG
                                                    for an immediate protective action. EPA                 for children through age 15 years.                     G. What should I consider as I prepare
                                                    expects that any drinking water system                  Today’s proposal ensures that protective               my comments for EPA?
                                                    adversely impacted during a radiation                   measures are appropriate for all                         When submitting comments,
                                                    contamination incident will take action                 members of the public, including                       remember to:
                                                    to return to compliance with MCLs as
                                                    soon as practicable.
                                                                                                            sensitive subpopulations.                                • Identify the rulemaking by docket
                                                                                                              In contrast, several commenters from                 number, subject heading, Federal
                                                    E. How were comments received on the                    environmental protection advocate                      Register date and page number.
                                                    2013 draft PAG Manual considered in                     organizations suggested that a drinking                  • Follow directions—the EPA may
                                                    developing this proposal?                               water PAG is not needed, and urged                     ask you to respond to specific questions
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                                                      On April 15, 2013, EPA published a                    EPA to base any emergency response                     or organize comments by referencing the
                                                    Federal Register notice requesting                      measures regarding drinking water                      chapter number of the draft action guide
                                                    public comments on the                                  solely on the NPDWR for Radionuclides                    • Explain why you agree or disagree;
                                                    appropriateness of developing and                       MCLs. Some commenters expressed                        suggest alternatives and substitute
                                                    incorporating a drinking water PAG in                                                                          language for your requested changes.
                                                                                                               1 Guidance established by the Department of
                                                    the revised PAG Manual (78 FR 22257).                   Homeland Security as an intermediate-level PAG
                                                                                                                                                                     • Describe any assumptions and
                                                      Regarding the specific issue of                       for drinking water interdiction (73 FR 45029, April    provide technical information and data
                                                    drinking water, the Agency received                     1, 2008).                                              that you used.


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                                                    37592                           Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

                                                       • If you estimate potential costs or                   Dated: June 3, 2016.                                   Beaverhead-Deerlodge National Forest
                                                    burdens, explain how you arrived at                     Joel Beauvais,                                           Land and Resource Management Plan
                                                    your estimate in sufficient detail to                   Deputy Assistant Administrator, Office of                to comply with District of Mont Court
                                                    allow it to be reproduced.                              Water.                                                   Order, Review Period Ends: 07/20/
                                                       • Illustrate your concerns with                      [FR Doc. 2016–13786 Filed 6–9–16; 8:45 am]               2016, Contact: Jan Bowey 406–842–
                                                    specific examples and suggest                           BILLING CODE 6560–50–P                                   5432
                                                                                                                                                                   EIS No. 20160132, Draft, FHWA, CO, US
                                                    alternatives.
                                                                                                                                                                     50 Corridor East, Comment Period
                                                       • Explain your views as clearly as                   ENVIRONMENTAL PROTECTION                                 Ends: 07/29/2016, Contact: Patricia
                                                    possible, avoiding the use of profanity                 AGENCY                                                   Sergeson 720–963–3073
                                                    or personal threats.                                                                                           EIS No. 20160133, Final, FTA, VA,
                                                                                                            [ER–FRL–9027–5]
                                                       • Make sure to submit your                                                                                    Potomac Yard Metrorail Station,
                                                    comments by the comment period                          Environmental Impact Statements;                         Review Period Ends: 07/11/2016,
                                                    deadline identified.                                    Notice of Availability                                   Contact: Dan Koenig 202–219–3528
                                                                                                                                                                   EIS No. 20160134, Final, TVA, TN,
                                                    H. What specific comments are being                       Responsible Agency: Office of Federal                  PROGRAMMATIC—Ash
                                                    sought?                                                 Activities, General Information (202)                    Impoundment Closure, Review Period
                                                                                                            564–7146 or http://www2.epa.gov/nepa.                    Ends: 07/11/2016, Contact: Ashley
                                                       While all comments regarding any                                                                              Farless 423–751–2361
                                                    aspect of the draft drinking water PAG                  Weekly receipt of Environmental Impact
                                                    guidance will be considered, please                       Statements                                             Dated: June 7, 2016.
                                                    comment on the following issues                         Filed 05/30/2016 Through 06/03/2016                    Dawn Roberts,
                                                    specifically:                                           Pursuant to 40 CFR 1506.9.                             Management Analyst, NEPA Compliance
                                                                                                            Notice                                                 Division, Office of Federal Activities.
                                                       • Please comment on the
                                                                                                                                                                   [FR Doc. 2016–13791 Filed 6–9–16; 8:45 am]
                                                    appropriateness of the drinking water                     Section 309(a) of the Clean Air Act
                                                                                                                                                                   BILLING CODE 6560–50–P
                                                    PAG and the guidance for advance                        requires that EPA make public its
                                                    planning.                                               comments on EISs issued by other
                                                       • Please comment on what                             Federal agencies. EPA’s comment letters
                                                                                                                                                                   FEDERAL COMMUNICATIONS
                                                    implementation challenges might be                      on EISs are available at: http://
                                                                                                            www.epa.gov/compliance/nepa/                           COMMISSION
                                                    associated with the two-tiered approach
                                                    to the water PAG that EPA should                        eisdata.html.                                          [CC Docket No. 92–237; DA 16–599]
                                                    consider, and suggest additional                        EIS No. 20160124, Final, FERC, AK,
                                                                                                              Sweetheart Lake Hydroelectric                        Next Meeting of the North American
                                                    guidance that would be helpful.
                                                                                                              Project, Review Period Ends: 07/11/                  Numbering Council
                                                       • Please comment on whether (and if
                                                                                                              2016, Contact: John Matkowski 202–                   AGENCY: Federal Communications
                                                    so why) EPA should reconsider using a
                                                                                                              502–8576                                             Commission.
                                                    single-tier drinking water PAG rather
                                                                                                            EIS No. 20160125, Final, BIA, NV, Aiya                 ACTION: Notice.
                                                    than tiered approach proposed in the
                                                                                                              Solar Project, Review Period Ends: 07/
                                                    draft action guide.
                                                                                                              11/2016, Contact: Charles Lewis 602–                 SUMMARY:   In this document, the
                                                       • Please suggest additional guidance                   379–6782                                             Commission released a public notice
                                                    that would aid pre-incident planning                    EIS No. 20160126, Draft, USA, AZ, Lone                 announcing the meeting and agenda of
                                                    and implementation specific to your                       Star Ore Body Development Project,                   the North American Numbering Council
                                                    community’s drinking water systems.                       Comment Period Ends: 07/25/2016,                     (NANC). The intended effect of this
                                                       • Please comment on how this                           Contact: Michael Langley 602–230–                    action is to make the public aware of the
                                                    guidance should be implemented in                         6953                                                 NANC’s next meeting and agenda.
                                                    emergency response and recovery plans                   EIS No. 20160127, Final, NPS, CA,                      DATES: Thursday, June 30, 2016, 10:00
                                                    at all levels of government, including                    Restoration of Native Species in High                a.m.
                                                    considerations for public                                 Elevation Aquatic Ecosystems Plan,
                                                                                                              Review Period Ends: 07/11/2016,                      ADDRESSES:   Requests to make an oral
                                                    communications during an emergency.                                                                            statement or provide written comments
                                                                                                              Contact: Woody Smeck 559–565–3100
                                                       In the future, calculations and derived              EIS No. 20160128, Final, USACE, NC,                    to the NANC should be sent to Carmell
                                                    response levels will be provided in the                   Morehead City Harbor Integrated                      Weathers, Competition Policy Division,
                                                    Federal Radiological Monitoring and                       Dredged Material Management Plan,                    Wireline Competition Bureau, Federal
                                                    Assessment Center (FRMAC)                                 Review Period Ends: 07/11/2016,                      Communications Commission, Portals
                                                    Assessment Manuals. Emergency                             Contact: Jennifer Owens 910–251–                     II, 445 12th Street SW., Room 5–C162,
                                                    planners are referred to FRMAC                            4757                                                 Washington, DC 20554.
                                                    Monitoring and Sampling Methods to                      EIS No. 20160129, Draft, USFS, CA, Los                 FOR FURTHER INFORMATION CONTACT:
                                                    assess surface and drinking water                         Padres Tamarisk Removal, Comment                     Carmell Weathers at (202) 418–2325 or
                                                    impacts from a radiological emergency.                    Period Ends: 07/25/2016, Contact:                    Carmell.Weathers@fcc.gov. The fax
                                                    See the Assessment and Monitoring &                       Lloyd Simpson 805–646–4348 ex. 316                   number is: (202) 418–1413. The TTY
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Sampling folders at http://                             EIS No. 20160130, Draft, NOAA, TX,                     number is: (202) 418–0484.
                                                    www.nv.doe.gov/nationalsecurity/                          Flower Garden Banks National Marine                  SUPPLEMENTARY INFORMATION: This is a
                                                    homelandsecurity/frmac/manuals.aspx.                      Sanctuary Boundary Expansion,                        summary of the Commission’s
                                                    After considering public comments,                        Comment Period Ends: 08/19/2016,                     document in CC Docket No. 92–237, DA
                                                    EPA intends to issue a final PAG                          Contact: Kelly Drinnen 409–621–5151                  16–599 released May 31, 2016. The
                                                    Manual, which will supersede the 1992                     Ext.105                                              complete text in this document is
                                                    PAG Manual and the 2013 revised PAG                     EIS No. 20160131, Third Final                          available for public inspection and
                                                    Manual.                                                   Supplemental, USFS, MT,                              copying during normal business hours


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Document Created: 2018-02-08 07:35:47
Document Modified: 2018-02-08 07:35:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of document availability; request for public comment.
DatesComments must be received on or before July 25, 2016.
ContactLisa M. Christ, Standards and Risk Management Division, Office of Ground Water and Drinking Water, Mail Code 4607M, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 564-8354; fax number: (202) 564-3758; Email: [email protected]
FR Citation81 FR 37589 

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