82_FR_6510 82 FR 6498 - Revision to the PAG Manual: Protective Action Guide (PAG) for Drinking Water After a Radiological Incident

82 FR 6498 - Revision to the PAG Manual: Protective Action Guide (PAG) for Drinking Water After a Radiological Incident

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6498-6500
FR Document2017-01230

As part of its mission to protect human health and the environment, the Environmental Protection Agency publishes protective action guides (PAGs) 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, recently updated its guidance manual on this topic, titled ``Protective Action Guides and Planning Guidance for Radiological Incidents'' (referred to herein as the PAG Manual). On December 8, 2016, EPA announced availability of the updated 2016 PAG Manual in the Federal Register. In this document, EPA is announcing that it has amended Chapter 4 of the 2016 PAG Manual to incorporate guidance for radiation protection decisions concerning drinking water. The drinking water PAG is not binding and does not in any way affect regulatory requirements or enforcement of the Safe Drinking Water Act (SDWA), including maximum contaminant limits (MCLs) for radionuclides established by regulation under the SDWA. The drinking water PAG is guidance only and is intended for use by federal, state and local emergency management officials in the unlikely event of significant radiological contamination incidents, such as a disaster at a nuclear power plant, a radiological dispersal device or an improvised nuclear device, and for a duration which may last for weeks to months but not longer than one year. The dose levels reflected in the drinking water PAG provide a level of protection against cancer risks for a short-term (weeks to months but not longer than a year), similar to that provided by EPA's MCLs for radionuclides (which are calculated based on 70 years of exposure). The revised drinking water PAG is available for use upon publication of this document in the Federal Register, at www.regulations.gov, under ID No. EPA-HQ-OAR-2007-0268.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6498-6500]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01230]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0268; FRL-9958-50-OW]


Revision to the PAG Manual: Protective Action Guide (PAG) for 
Drinking Water After a Radiological Incident

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: As part of its mission to protect human health and the 
environment, the Environmental Protection Agency publishes protective 
action guides (PAGs) 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, 
recently updated its guidance manual on this topic, titled ``Protective 
Action Guides and Planning Guidance for Radiological Incidents'' 
(referred to herein as the PAG Manual). On December 8, 2016, EPA 
announced availability of the updated 2016 PAG Manual in the Federal 
Register. In this document, EPA is announcing that it has amended 
Chapter 4 of the 2016 PAG Manual to incorporate guidance for radiation 
protection decisions concerning drinking water. The drinking water PAG 
is not binding and does not in any way affect regulatory requirements 
or enforcement of the Safe Drinking Water Act (SDWA), including maximum 
contaminant limits (MCLs) for radionuclides established by regulation 
under the SDWA. The drinking water PAG is guidance only and is intended 
for use by federal, state and local emergency management officials in 
the unlikely event of significant radiological contamination incidents, 
such as a disaster at a nuclear power plant, a radiological dispersal 
device or an improvised nuclear device, and for a duration which may 
last for weeks to months but not longer than one year. The dose levels 
reflected in the drinking water PAG provide a level of protection 
against cancer risks for a short-term (weeks to months but not longer 
than a year), similar to that provided by EPA's MCLs for radionuclides 
(which are calculated based on 70 years of exposure). The revised 
drinking water PAG is available for use upon publication of this 
document in the Federal Register, at www.regulations.gov, under ID No. 
EPA-HQ-OAR-2007-0268.

FOR FURTHER INFORMATION CONTACT: Samuel Hernandez, 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) 564-1735; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. How can I get copies of the PAG Manual and supporting information?

    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-HQ-OAR-2007-0268. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) 
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. 
The Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Docket's 
Public Reading Room is (202) 566-1744 and the telephone number for the 
Air and Radiation Docket is (202) 566-1742. In accordance with normal 
EPA docket procedures, if copies of any docket materials are requested, 
a reasonable fee may be charged for photocopying.
    Electronic access: The PAG Manual in electronic form suitable for 
printing, as well as related guidelines and further information, can be 
found on the PAGs' Web site at http://www.epa.gov/radiation/protective-action-guides-pags.

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

    The historical and legal basis of EPA's role in the PAG Manual 
begins with the 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, section 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, section 1601(2)). EPA's role in PAGs 
development was recognized 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?

    The PAG Manual provides federal, state and local emergency 
management officials with guidance for responding to radiological 
emergencies. A protective action guide 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, but are not limited to, evacuation, 
shelter-in-place, temporary relocation and food restrictions.
    Development of the PAGs was based on the following essential 
principles, which also apply to the selection of any protective action 
during an incident:

[[Page 6499]]

     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. This guidance does not 
address or impact site cleanups occurring under other statutory 
authorities such as the EPA's Superfund program, the Nuclear Regulatory 
Commission's (NRC) decommissioning program, or other federal or state 
cleanup programs. As indicated by the use of non-mandatory language 
such as ``may,'' ``should'' and ``can,'' the PAG 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 other federal agency. Rather, the PAG Manual recommends projected 
radiation doses at which specific actions may be warranted in order to 
reduce or avoid that dose. The 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. How did EPA respond to public comments on the proposed Draft 
Protective Action Guide for Drinking Water?

    PAGs do not represent ``acceptable'' routine exposure in the way 
that regulatory standards such as maximum contaminant levels do. PAGs 
are guidance levels to support emergency decision making by response 
authorities to avoid unnecessary radiation exposure. Development and 
implementation of PAGs is always guided by three basic 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.
    On June 10, 2016, EPA published a Federal Register document 
requesting public comments on the proposed drinking water PAG and the 
guidance for advance planning (81 FR 37589). EPA sought specific 
comments and feedback on the appropriateness of the drinking water PAG 
and possible implementation challenges associated with the two-tiered 
approach. In addition, EPA asked whether a single-tier drinking water 
PAG should be considered rather than using the tiered approach.
    In response, EPA received over 60,000 comment letters from members 
of the public, state and local emergency response and health 
organizations, environmental advocates, industry associations and other 
stakeholders. Most of the comment letters expressed concerns with the 
proposed guidance. Commenters wrote that the proposed guidance could 
weaken the regulatory requirements of the Safe Drinking Water Act. In 
addition, environmental advocacy organizations indicated that the 
drinking water PAG dose levels were too high and insufficient to be 
protective of human health, and asked EPA to withdraw the proposed 
guidance and, in its place, use the National Primary Drinking Water 
Regulations for Radionuclides as the basis for any emergency response 
measures regarding drinking water.
    Commenters also asserted that the proposed drinking water PAG did 
not conform to the National Environmental Policy Act (NEPA) as well as 
other regulations dealing with cleanup and waste management of 
radioactive contaminants. Commenters expressed doubts regarding the 
duration that the drinking water PAG would be implemented after an 
incident, claiming that the drinking water PAG could be in place for 
timeframes exceeding one year.
    In response to comments, EPA has amended the drinking water 
guidance to emphasize, with regards to the scope of the drinking water 
PAG recommendations, that they are only intended to apply to nationally 
significant radiological contamination incidents, such as a disaster at 
a nuclear power plant, a radiological dispersal device or an improvised 
nuclear device, and for a duration that may last for weeks to months 
but not longer than one year.
    Some commenters expressed concerns that PAGs would weaken drinking 
water standards and regulations. Environmental regulations or standards 
are legal limits designed to minimize health effects from everyday 
exposure to low levels of radiation over long periods. 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. The PAG levels trigger public 
safety measures to minimize radiation exposures during an emergency.
    To develop guidance on drinking water considerations, EPA based its 
assessment on assumptions limiting exposures to a one-year timeframe. 
EPA expects that the responsible party for 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.
    The National Primary Drinking Water Regulations establish 
regulatory limits designed to minimize health effects from everyday 
exposure to low levels of radiation over long periods; those limits are 
not changing with this action. Emergency guides are temporary measures 
to minimize risk while enabling distribution of limited resources 
during an emergency response.
    Estimated risk of excess cancer cases for lifetime exposure (70 
years) to beta emitting radioactive contaminants in drinking water at 4 
mrem/yr (the MCL) generally falls in a range of risks deemed acceptable 
by EPA. Estimated risks associated for a shorter (one-year) exposure to 
radioactivity in drinking water at the proposed PAG levels fall within 
a similar risk range.
    The drinking water PAG meets NEPA policy goals because it is based 
on analyses, documentation and review procedures that are functionally 
equivalent to NEPA. ``Activities for the development of federal 
radiation regulations and guidance in accordance with the Atomic Energy 
Act of 1954 are functionally equivalent to NEPA'' (63 FR 58045, October 
29, 1998).
    Commenters questioned whether the EPA considered cumulative effects 
in developing the drinking water PAG. In developing the PAG Manual, EPA 
considered the potential for cumulative exposure from multiple exposure 
pathways including: plume inhalation, immersion, ground shine, drinking 
water ingestions and food, among others. However, EPA has determined 
that for implementation purposes, it is impractical to compartmentalize 
joint protective actions, since allocations of dose to different 
segments of the population based on individual exposure routes will 
depend on site-specific circumstances and are impossible to quantify. 
While the PAGs for the various pathways are separate, emergency 
management officials should consider all relevant exposure routes when 
making protective action decisions in an emergency. In addition, 
incident-specific factors like geographical location, ongoing weather, 
the isotopes released and population affected should be considered 
after a contamination event, and specific exposure routes should be 
identified to allow different types of protective actions to be aimed 
at the specific risks to be avoided.

[[Page 6500]]

    Several commenters from state emergency management agencies and 
radiation control programs expressed support for EPA's proposal, 
stating that the guidance was well developed and technically sound; and 
that the incorporation of the drinking water PAG into the PAG Manual is 
a critical aspect of a coordinated emergency response after a radiation 
contamination incident.
    Some commenters suggested that while they support the incorporation 
of the drinking water PAG, they believe the proposed PAG was too 
conservative and that EPA should consider establishing the PAG in the 
2,000 to 10,000 mrem range.
    EPA believes that the drinking water PAG should be consistent with 
and within the range of currently available guidance for other exposure 
pathways during the intermediate phase. Also, when possible, the 
drinking water PAG recommendations should be based on an additional 
level of protection to sensitive life-stages. For short-term incidents, 
as explained in the PAG Manual, it is appropriate to have a 500 mrem 
PAG level for drinking water for the general population and a lower-
tier PAG level of 100 mrem for persons at 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 abundance of caution built into the derivation of the 
drinking water PAG through a variety of assumptions, including 
conservative dose-response modeling; selection of the most sensitive 
life stages to derive the PAG for children through age 15 years; and, 
the assumption of no decay of isotopes over the calculated one-year 
exposure period, which may be appropriate in some situations. This 
action ensures that the protective measures it recommends are 
appropriate for all members of the public, including sensitive 
subpopulations.

E. What is the timeframe for implementation of this PAG Manual?

    Emergency management and radiation protection organizations that 
use the PAGs in their emergency plans are encouraged to incorporate 
this updated guidance as soon as possible. This may entail training, as 
well as the update of plans and procedures. Outreach and technical 
training will be conducted by EPA, the Federal Radiological Monitoring 
and Assessment Center and interagency partners of the PAG Subcommittee. 
FEMA expects certain organizations associated with nuclear power plant 
operations to use the PAG Manual in developing their emergency 
management plans. FEMA plans to begin using the new PAG Manual during 
their evaluation of offsite response organizations around nuclear power 
facilities 12 months after the publication of this document in the 
Federal Register.
    For further information and related guidelines, see the EPA Web 
site: http://www.epa.gov/radiation/protective-action-guides-pags. 
Keywords include: drinking water, radiation, radiological incident, 
emergency and protective action guide.

    Dated: January 10, 2017.
Joel Beauvais,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2017-01230 Filed 1-18-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                  6498                         Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                  agency, they must also serve a copy of                  radiological dispersal device or an                    directly or indirectly affecting health,
                                                  the document on that resource agency.                   improvised nuclear device, and for a                   including guidance for all federal
                                                  A copy of all other filings in reference                duration which may last for weeks to                   agencies in the formulation of radiation
                                                  to this application must be accompanied                 months but not longer than one year.                   standards and in the establishment and
                                                  by proof of service on all persons listed               The dose levels reflected in the drinking              execution of programs of cooperation
                                                  in the service list prepared by the                     water PAG provide a level of protection                with [s]tates.’’ (Reorg. Plan No. 3 of
                                                  Commission in this proceeding, in                       against cancer risks for a short-term                  1970, section 2(a) (7), 6(a) (2); § 274.h of
                                                  accordance with 18 CFR 4.34(b) and                      (weeks to months but not longer than a                 the Atomic Energy Act of 1954, as
                                                  385.2010.                                               year), similar to that provided by EPA’s               amended (AEA), codified at 42 U.S.C.
                                                    Dated: January 12, 2017.                              MCLs for radionuclides (which are                      2021(h)). Recognizing this role, the
                                                                                                          calculated based on 70 years of                        Federal Emergency Management Agency
                                                  Kimberly D. Bose,
                                                                                                          exposure). The revised drinking water                  (FEMA) directed EPA, in its
                                                  Secretary.                                                                                                     Radiological Emergency Planning and
                                                                                                          PAG is available for use upon
                                                  [FR Doc. 2017–01140 Filed 1–18–17; 8:45 am]                                                                    Preparedness Regulations, to ‘‘establish
                                                                                                          publication of this document in the
                                                  BILLING CODE 6717–01–P
                                                                                                          Federal Register, at                                   Protective Action Guides (PAGs) for all
                                                                                                          www.regulations.gov, under ID No.                      aspects of radiological emergency
                                                                                                          EPA–HQ–OAR–2007–0268.                                  planning in coordination with
                                                  ENVIRONMENTAL PROTECTION                                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 appropriate federal agencies.’’ (44 CFR
                                                  AGENCY                                                  Samuel Hernandez, Standards and Risk                   351.22(a)). FEMA also tasked EPA with
                                                  [EPA–HQ–OAR–2007–0268; FRL–9958–50–                     Management Division, Office of Ground                  preparing ‘‘guidance for state and local
                                                  OW]                                                     Water and Drinking Water, Mail Code                    governments on implementing PAGs,
                                                                                                          4607M, U.S. Environmental Protection                   including recommendations on
                                                  Revision to the PAG Manual:                             Agency, 1200 Pennsylvania Avenue                       protective actions which can be taken to
                                                  Protective Action Guide (PAG) for                       NW., Washington, DC 20460; telephone                   mitigate the potential radiation dose to
                                                  Drinking Water After a Radiological                     number: (202) 564–1735; email:                         the population.’’ (44 CFR 351.22(b)). All
                                                  Incident                                                                                                       of this information was to ‘‘be presented
                                                                                                          hernandez.samuel@epa.gov.
                                                                                                                                                                 in the Environmental Protection Agency
                                                  AGENCY: Environmental Protection                        SUPPLEMENTARY INFORMATION:                             (EPA) ‘Manual of Protective Action
                                                  Agency (EPA).                                                                                                  Guides and Protective Actions for
                                                                                                          A. How can I get copies of the PAG
                                                  ACTION: Notice of availability.                         Manual and supporting information?                     Nuclear Incidents.’ ’’ (44 CFR 351.22(b)).
                                                                                                                                                                    Additionally, section 2021(h) charged
                                                  SUMMARY:    As part of its mission to                      Docket: EPA has established a docket                the Administrator with performing
                                                  protect human health and the                            for this action under Docket ID No.                    ‘‘such other functions as the President
                                                  environment, the Environmental                          EPA–HQ–OAR–2007–0268. Publicly                         may assign to him [or her] by Executive
                                                  Protection Agency publishes protective                  available docket materials are available               Order.’’ Executive Order 12656 states
                                                  action guides (PAGs) to help federal,                   either electronically through                          that the Administrator shall ‘‘[d]evelop,
                                                  state, local and tribal emergency                       www.regulations.gov or in hard copy at                 for national security emergencies,
                                                  response officials make radiation                       the Air and Radiation Docket in the EPA                guidance on acceptable emergency
                                                  protection decisions during                             Docket Center, (EPA/DC) EPA West,                      levels of nuclear radiation. . . .’’
                                                  emergencies. EPA, in coordination with                  Room 3334, 1301 Constitution Ave.                      (Executive Order No. 12656, section
                                                  a multi-agency working group within                     NW., Washington, DC 20004. The                         1601(2)). EPA’s role in PAGs
                                                  the Federal Radiological Preparedness                   Docket Facility is open from 8:30 a.m.                 development was recognized by the
                                                  Coordinating Committee, recently                        to 4:30 p.m., Monday through Friday,                   National Response Framework,
                                                  updated its guidance manual on this                     excluding legal holidays. The telephone                Nuclear/Radiological Incident Annex of
                                                  topic, titled ‘‘Protective Action Guides                number for the Docket’s Public Reading                 June 2008.
                                                  and Planning Guidance for Radiological                  Room is (202) 566–1744 and the
                                                  Incidents’’ (referred to herein as the                  telephone number for the Air and                       C. What is the PAG Manual: Protective
                                                  PAG Manual). On December 8, 2016,                       Radiation Docket is (202) 566–1742. In                 action guides and planning guidance
                                                  EPA announced availability of the                       accordance with normal EPA docket                      for radiological incidents?
                                                  updated 2016 PAG Manual in the                          procedures, if copies of any docket                       The PAG Manual provides federal,
                                                  Federal Register. In this document, EPA                 materials are requested, a reasonable fee              state and local emergency management
                                                  is announcing that it has amended                       may be charged for photocopying.                       officials with guidance for responding to
                                                  Chapter 4 of the 2016 PAG Manual to                        Electronic access: The PAG Manual in                radiological emergencies. A protective
                                                  incorporate guidance for radiation                      electronic form suitable for printing, as              action guide is the projected dose to an
                                                  protection decisions concerning                         well as related guidelines and further                 individual from a release of radioactive
                                                  drinking water. The drinking water PAG                  information, can be found on the PAGs’                 material at which a specific protective
                                                  is not binding and does not in any way                  Web site at http://www.epa.gov/                        action to reduce or avoid that dose is
                                                  affect regulatory requirements or                       radiation/protective-action-guides-pags.               recommended. Emergency management
                                                  enforcement of the Safe Drinking Water                                                                         officials use PAGs for making decisions
                                                  Act (SDWA), including maximum                           B. What authority does EPA have to
                                                                                                                                                                 regarding actions to protect the public
                                                  contaminant limits (MCLs) for                           provide Protective Action Guidance?
                                                                                                                                                                 from exposure to radiation during an
                                                  radionuclides established by regulation                   The historical and legal basis of EPA’s              emergency. Such actions include, but
mstockstill on DSK3G9T082PROD with NOTICES




                                                  under the SDWA. The drinking water                      role in the PAG Manual begins with the                 are not limited to, evacuation, shelter-
                                                  PAG is guidance only and is intended                    Reorganization Plan No. 3 of 1970, in                  in-place, temporary relocation and food
                                                  for use by federal, state and local                     which the Administrator of the EPA                     restrictions.
                                                  emergency management officials in the                   assumed all the functions of the Federal                  Development of the PAGs was based
                                                  unlikely event of significant radiological              Radiation Council (FRC), including the                 on the following essential principles,
                                                  contamination incidents, such as a                      charge to ‘‘. . . advise the President                 which also apply to the selection of any
                                                  disaster at a nuclear power plant, a                    with respect to radiation matters,                     protective action during an incident:


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                                                                               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices                                            6499

                                                     • Prevent acute effects.                             response and health organizations,                     any drinking water system adversely
                                                     • Balance protection with other                      environmental advocates, industry                      impacted during a radiation incident
                                                  important factors and ensure that                       associations and other stakeholders.                   will take action to return to compliance
                                                  actions result in more benefit than                     Most of the comment letters expressed                  with Safe Drinking Water Act levels as
                                                  harm.                                                   concerns with the proposed guidance.                   soon as practicable.
                                                     • Reduce risk of chronic effects.                    Commenters wrote that the proposed                        The National Primary Drinking Water
                                                     The PAG Manual is not a legally                      guidance could weaken the regulatory                   Regulations establish regulatory limits
                                                  binding regulation or standard and does                 requirements of the Safe Drinking Water                designed to minimize health effects
                                                  not supersede any environmental laws.                   Act. In addition, environmental                        from everyday exposure to low levels of
                                                  This guidance does not address or                       advocacy organizations indicated that                  radiation over long periods; those limits
                                                  impact site cleanups occurring under                    the drinking water PAG dose levels                     are not changing with this action.
                                                  other statutory authorities such as the                 were too high and insufficient to be                   Emergency guides are temporary
                                                  EPA’s Superfund program, the Nuclear                    protective of human health, and asked                  measures to minimize risk while
                                                  Regulatory Commission’s (NRC)                           EPA to withdraw the proposed guidance                  enabling distribution of limited
                                                  decommissioning program, or other                       and, in its place, use the National                    resources during an emergency
                                                  federal or state cleanup programs. As                   Primary Drinking Water Regulations for                 response.
                                                  indicated by the use of non-mandatory                   Radionuclides as the basis for any                        Estimated risk of excess cancer cases
                                                  language such as ‘‘may,’’ ‘‘should’’ and                emergency response measures regarding                  for lifetime exposure (70 years) to beta
                                                  ‘‘can,’’ the PAG Manual only provides                   drinking water.                                        emitting radioactive contaminants in
                                                  recommendations and does not confer                       Commenters also asserted that the                    drinking water at 4 mrem/yr (the MCL)
                                                  any legal rights or impose any legally                  proposed drinking water PAG did not                    generally falls in a range of risks
                                                  binding requirements upon any member                    conform to the National Environmental                  deemed acceptable by EPA. Estimated
                                                  of the public, states or any other federal              Policy Act (NEPA) as well as other                     risks associated for a shorter (one-year)
                                                  agency. Rather, the PAG Manual                          regulations dealing with cleanup and                   exposure to radioactivity in drinking
                                                  recommends projected radiation doses                    waste management of radioactive                        water at the proposed PAG levels fall
                                                  at which specific actions may be                        contaminants. Commenters expressed                     within a similar risk range.
                                                  warranted in order to reduce or avoid                   doubts regarding the duration that the
                                                  that dose. The PAG Manual is designed                                                                             The drinking water PAG meets NEPA
                                                                                                          drinking water PAG would be
                                                  to provide flexibility to be more or less                                                                      policy goals because it is based on
                                                                                                          implemented after an incident, claiming
                                                  restrictive as deemed appropriate by                                                                           analyses, documentation and review
                                                                                                          that the drinking water PAG could be in
                                                  decision makers based on the unique                                                                            procedures that are functionally
                                                                                                          place for timeframes exceeding one
                                                  characteristics of the incident and the                                                                        equivalent to NEPA. ‘‘Activities for the
                                                                                                          year.
                                                  local situation.                                          In response to comments, EPA has                     development of federal radiation
                                                                                                          amended the drinking water guidance to                 regulations and guidance in accordance
                                                  D. How did EPA respond to public                                                                               with the Atomic Energy Act of 1954 are
                                                                                                          emphasize, with regards to the scope of
                                                  comments on the proposed Draft                                                                                 functionally equivalent to NEPA’’ (63
                                                                                                          the drinking water PAG
                                                  Protective Action Guide for Drinking                                                                           FR 58045, October 29, 1998).
                                                                                                          recommendations, that they are only
                                                  Water?                                                  intended to apply to nationally                           Commenters questioned whether the
                                                     PAGs do not represent ‘‘acceptable’’                 significant radiological contamination                 EPA considered cumulative effects in
                                                  routine exposure in the way that                        incidents, such as a disaster at a nuclear             developing the drinking water PAG. In
                                                  regulatory standards such as maximum                    power plant, a radiological dispersal                  developing the PAG Manual, EPA
                                                  contaminant levels do. PAGs are                         device or an improvised nuclear device,                considered the potential for cumulative
                                                  guidance levels to support emergency                    and for a duration that may last for                   exposure from multiple exposure
                                                  decision making by response authorities                 weeks to months but not longer than                    pathways including: plume inhalation,
                                                  to avoid unnecessary radiation                          one year.                                              immersion, ground shine, drinking
                                                  exposure. Development and                                 Some commenters expressed concerns                   water ingestions and food, among
                                                  implementation of PAGs is always                        that PAGs would weaken drinking water                  others. However, EPA has determined
                                                  guided by three basic principles:                       standards and regulations.                             that for implementation purposes, it is
                                                  Prevent acute effects, balance protection               Environmental regulations or standards                 impractical to compartmentalize joint
                                                  with other important factors and ensure                 are legal limits designed to minimize                  protective actions, since allocations of
                                                  that actions result in more benefit than                health effects from everyday exposure to               dose to different segments of the
                                                  harm, and reduce risk of chronic effects.               low levels of radiation over long                      population based on individual
                                                     On June 10, 2016, EPA published a                    periods. The PAG levels are guidance                   exposure routes will depend on site-
                                                  Federal Register document requesting                    for emergency situations; they do not                  specific circumstances and are
                                                  public comments on the proposed                         supplant any standards or regulations,                 impossible to quantify. While the PAGs
                                                  drinking water PAG and the guidance                     nor do they affect the stringency or                   for the various pathways are separate,
                                                  for advance planning (81 FR 37589).                     enforcement of any standards or                        emergency management officials should
                                                  EPA sought specific comments and                        regulations. The PAG levels are                        consider all relevant exposure routes
                                                  feedback on the appropriateness of the                  intended to be used only in an                         when making protective action
                                                  drinking water PAG and possible                         emergency when radiation levels have                   decisions in an emergency. In addition,
                                                  implementation challenges associated                    already exceeded environmental                         incident-specific factors like
                                                  with the two-tiered approach. In                        standards. The PAG levels trigger public               geographical location, ongoing weather,
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                                                  addition, EPA asked whether a single-                   safety measures to minimize radiation                  the isotopes released and population
                                                  tier drinking water PAG should be                       exposures during an emergency.                         affected should be considered after a
                                                  considered rather than using the tiered                   To develop guidance on drinking                      contamination event, and specific
                                                  approach.                                               water considerations, EPA based its                    exposure routes should be identified to
                                                     In response, EPA received over 60,000                assessment on assumptions limiting                     allow different types of protective
                                                  comment letters from members of the                     exposures to a one-year timeframe. EPA                 actions to be aimed at the specific risks
                                                  public, state and local emergency                       expects that the responsible party for                 to be avoided.


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                                                  6500                         Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                     Several commenters from state                        organizations associated with nuclear                  EPA–HQ–OAR–2014–0534. All
                                                  emergency management agencies and                       power plant operations to use the PAG                  documents relied upon in making this
                                                  radiation control programs expressed                    Manual in developing their emergency                   decision, including those submitted to
                                                  support for EPA’s proposal, stating that                management plans. FEMA plans to                        EPA by CARB, are contained in the
                                                  the guidance was well developed and                     begin using the new PAG Manual                         public docket. Publicly available docket
                                                  technically sound; and that the                         during their evaluation of offsite                     materials are available either
                                                  incorporation of the drinking water PAG                 response organizations around nuclear                  electronically through
                                                  into the PAG Manual is a critical aspect                power facilities 12 months after the                   www.regulations.gov or in hard copy at
                                                  of a coordinated emergency response                     publication of this document in the                    the Air and Radiation Docket in the EPA
                                                  after a radiation contamination incident.               Federal Register.                                      Headquarters Library, EPA West
                                                     Some commenters suggested that                         For further information and related                  Building, Room 3334, located at 1301
                                                  while they support the incorporation of                 guidelines, see the EPA Web site: http://              Constitution Avenue NW., Washington,
                                                  the drinking water PAG, they believe                    www.epa.gov/radiation/protective-                      DC. The Public Reading Room is open
                                                  the proposed PAG was too conservative                   action-guides-pags. Keywords include:                  to the public on all federal government
                                                  and that EPA should consider                            drinking water, radiation, radiological                working days from 8:30 a.m. to 4:30
                                                  establishing the PAG in the 2,000 to                    incident, emergency and protective                     p.m.; generally, it is open Monday
                                                  10,000 mrem range.                                      action guide.                                          through Friday, excluding holidays. The
                                                     EPA believes that the drinking water                                                                        telephone number for the Reading Room
                                                                                                            Dated: January 10, 2017.
                                                  PAG should be consistent with and                                                                              is (202) 566–1744. The Air and
                                                  within the range of currently available                 Joel Beauvais,
                                                                                                                                                                 Radiation Docket and Information
                                                  guidance for other exposure pathways                    Deputy Assistant Administrator, Office of
                                                                                                          Water.                                                 Center’s Web site is http://www.epa.gov/
                                                  during the intermediate phase. Also,                                                                           oar/docket.html. The electronic mail
                                                  when possible, the drinking water PAG                   [FR Doc. 2017–01230 Filed 1–18–17; 8:45 am]
                                                                                                                                                                 (email) address for the Air and
                                                  recommendations should be based on                      BILLING CODE 6560–50–P
                                                                                                                                                                 Radiation Docket is: a-and-r-Docket@
                                                  an additional level of protection to                                                                           epa.gov, the telephone number is (202)
                                                  sensitive life-stages. For short-term                                                                          566–1742, and the fax number is (202)
                                                  incidents, as explained in the PAG                      ENVIRONMENTAL PROTECTION
                                                                                                          AGENCY                                                 566–9744. An electronic version of the
                                                  Manual, it is appropriate to have a 500                                                                        public docket is available through the
                                                  mrem PAG level for drinking water for                   [EPA–HQ–OAR–2014–0534; FRL–9958–62–                    federal government’s electronic public
                                                  the general population and a lower-tier                 OAR]                                                   docket and comment system. You may
                                                  PAG level of 100 mrem for persons at                                                                           access EPA dockets at http://
                                                  sensitive life-stages, including pregnant               California State Nonroad Engine
                                                                                                                                                                 www.regulations.gov. After opening the
                                                  women, nursing women, and children                      Pollution Control Standards;
                                                                                                                                                                 www.regulations.gov Web site, enter
                                                  15 years old and under. This approach                   Commercial Harbor Craft Regulations;
                                                                                                                                                                 EPA–HQ–OAR–2014–0534 in the ‘‘Enter
                                                  of setting a two-tier level of protection               Notice of Decision
                                                                                                                                                                 Keyword or ID’’ fill-in box to view
                                                  incorporates suggestions submitted by
                                                                                                          AGENCY: Environmental Protection                       documents in the record. Although a
                                                  commenters regarding the adequate
                                                                                                          Agency.                                                part of the official docket, the public
                                                  consideration of children and sensitive
                                                                                                          ACTION: Notice of decision.                            docket does not include Confidential
                                                  subpopulations.
                                                     There is an abundance of caution                                                                            Business Information (‘‘CBI’’) or other
                                                                                                          SUMMARY:   The Environmental Protection                information whose disclosure is
                                                  built into the derivation of the drinking
                                                                                                          Agency (‘‘EPA’’) is granting the                       restricted by statute.
                                                  water PAG through a variety of
                                                                                                          California Air Resources Board                            EPA’s Office of Transportation and
                                                  assumptions, including conservative
                                                                                                          (‘‘CARB’’) its request for an                          Air Quality (‘‘OTAQ’’) maintains a Web
                                                  dose-response modeling; selection of the
                                                                                                          authorization of its amendments to its                 page that contains general information
                                                  most sensitive life stages to derive the
                                                                                                          Commercial Harbor Craft regulations                    on its review of California waiver
                                                  PAG for children through age 15 years;
                                                                                                          (‘‘CHC Amendments’’). EPA is also                      requests. Included on that page are links
                                                  and, the assumption of no decay of
                                                                                                          confirming that certain CHC                            to prior waiver Federal Register notices,
                                                  isotopes over the calculated one-year
                                                                                                          amendments are within the scope of a                   some of which are cited in today’s
                                                  exposure period, which may be
                                                                                                          prior EPA authorization. CARB’s CHC                    notice. The page can be accessed at
                                                  appropriate in some situations. This
                                                                                                          Amendments primarily subject diesel-                   http://www.epa.gov/otaq/cafr.htm.
                                                  action ensures that the protective
                                                                                                          fueled engines on crew and supply,                     FOR FURTHER INFORMATION CONTACT:
                                                  measures it recommends are appropriate
                                                                                                          barge and dredge vessels to the in-use                 David Dickinson, Attorney-Advisor,
                                                  for all members of the public, including
                                                                                                          engine emission requirements of the                    Transportation Climate Division, Office
                                                  sensitive subpopulations.
                                                                                                          original CHC regulations; allow CARB                   of Transportation and Air Quality, U.S.
                                                  E. What is the timeframe for                            or EPA Tier 2 or higher tier certified off-            Environmental Protection Agency, 1200
                                                  implementation of this PAG Manual?                      road (‘‘nonroad’’) engines to be used as               Pennsylvania Avenue (6405J), NW.,
                                                    Emergency management and radiation                    auxiliary or propulsion engines in both                Washington, DC 20460. Telephone:
                                                  protection organizations that use the                   new and in-use CHC vessels; and clarify                (202) 343–9256. Fax: (202) 343–2800.
                                                  PAGs in their emergency plans are                       requirements and address certain issues                Email: Dickinson.David@epa.gov.
                                                  encouraged to incorporate this updated                  that have arisen during CARB’s
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  guidance as soon as possible. This may                  implementation of the original CHC
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                                                  entail training, as well as the update of               regulations. This decision is issued                   I. Background
                                                  plans and procedures. Outreach and                      under the authority of the Clean Air Act                 EPA granted an authorization for
                                                  technical training will be conducted by                 (‘‘CAA’’ or ‘‘Act’’).                                  California’s initial set of CHC
                                                  EPA, the Federal Radiological                           DATES: Petitions for review must be filed              regulations on December 5, 2011.1
                                                  Monitoring and Assessment Center and                    by March 20, 2017.                                     California’s initial CHC regulations
                                                  interagency partners of the PAG                         ADDRESSES: EPA has established a
                                                  Subcommittee. FEMA expects certain                      docket for this action under Docket ID                   1 76   FR 77521 (December 5, 2011).



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Document Created: 2018-02-01 15:16:03
Document Modified: 2018-02-01 15:16:03
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 availability.
ContactSamuel Hernandez, 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) 564-1735; email: [email protected]
FR Citation82 FR 6498 

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