Duke Response: 40CFR302.3 exclusions related to what is defined as a "release" may exclude releases from a declared nuclear emergency (i.e., Notification of Unusual Event, Alert, Site Area Emergency, General Emergency).
"40 CFR 302.3 Definitions: Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes: (1) Any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; (2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; (3) Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of such Act, or for the purposes of section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act or any other response action, any release of source, byproduct, or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and (4) The normal application of fertilizer;" Excerpt from an e-mail from one of Duke's lawyers: This is the definition of "nuclear incident" that appears in the AEA. It would appear to go beyond the federally permitted release limit. Thus, to the extent that an accident qualifies as a "nuclear incident," then any release of byproduct, source, or special nuclear material is not a "release" for purposes of CERCLA reporting. Thus, under your hypothetical, I do not believe any reporting would be required. (q) The term "nuclear incident" means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material: Provided, however, That as the term is used in section 170(l) [42 USCS § 2210(l)], it shall include any such occurrence outside the United States: And provided further, That as the term is used in section 170(d) [42 USCS § 2210(d)], it shall include any such occurrence outside the United States if such occurrence involves source, special nuclear, or byproduct material owned by, and used by or under contract with, the United States: And provided further, That as the term is used in section 170 c. [42 USCS § 2210(c)], it shall include any such occurrence outside both the United States and any other nation if such occurrence arises out of or results from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material licensed pursuant to chapters 6, 7, 8, and 10 of this Act [42 USCS §§ 2071 et seq., 2091 et seq., 2111 et seq., and 2131 et seq.], which is used in connection with the operation of a licensed stationary production or utilization facility or which moves outside the territorial limits of the United States in transit from one person licensed by the Nuclear Regulatory Commission to another person licensed by the Nuclear Regulatory Commission. Thanks, [Caryl Signature] Caryl D. Ingram Senior Engineer, PE Corporate Radiation Protection Nuclear Generation Department Duke Energy Carolinas (704) 382-4496 From: [email protected] [mailto:[email protected]] On Behalf Of [email protected] Sent: Monday, June 11, 2012 7:50 AM To: [email protected] Subject: Powernet: Notification of an emergency radiological release - questions If you do a dose projection for a release of radioactive material during a declared emergency - 1) Do you use the projected release quantity to calculate an EPA Reportable Quantity fraction? 2) If yes, do your procedures provide for notifying the National Response Center if the Reportable Quantity fraction exceeds 1? 3) If you would notify, do you have a procedure specified time limit to do so? John T. Lebda RP Staff Specialist Beaver Valley Power Station [email protected] 724-682-7775 ----------------------------------------- The information contained in this message is intended only for the personal and confidential use of the recipient(s) named above. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately, and delete the original message.
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