Federal and State Consultation, Permits, and Approvals

DOE-STD-6003-96

activities, the correction of existing problems, the minimization of risks to the environment or

public health, and anticipating and addressing potential environmental problems before they

threaten the quality of the environment or public welfare. DOE Order 5400.1 describes the envi-

ronmental monitoring required to demonstrate compliance with environmental laws and

regulations.

The Waste Minimization Crosscut Plan (SEN-37-92, March 13, 1992) was implemented

by the DOE Secretary of Energy in accordance with the Pollution Prevention Act of 1990. This

plan identifies key objectives and strategies for the Department's achievement of excellence in

waste minimization.

The Environmental, Safety, and Health Appraisal Program (DOE Order 5482.1B) estab-

lishes the program to evaluate the protection of the environment and the health, and safety of

the public. This Order also establishes criteria for a safe and healthful work place for employees

of the DOE and the DOE contractors.

The Environmental Protection, Safety, and Health Protection Information Reporting

Requirements (DOE Order 5484.1) establish the requirements and procedures for the reporting

of information having environmental protection, safety, or health protection significance for DOE

Operations. The Order identifies accidents and incidents and provides instruction in the areas of

format and content of accident/incident investigation reports.

3.2 Federal and State Consultation, Permits, and Approvals

3.2.1 Federal Permits and Approvals

National Emission Standards for Hazardous Air Pollutants (NESHAPS) (40 CFR Part 61)

regulate substances that potentially will be emitted by fusion facilities, such as beryllium and

radionuclides. If the fusion facility will result in a predicted effective dose (ED) to a maximally

exposed member of the public equal to or greater than 1% of the standard for radionuclides [i.e.,

0.001 mSv/yr (0.1 mrem/yr)], a NESHAPS permit to construct (PTC) application must be

submitted prior to the initiation of construction to obtain the approval of the Regional

Administrator of the EPA. The EPA will provide notification of approval or intention to deny

approval of construction within 60 days after receipt of a complete application. After construction

of the fusion facility, the EPA must be notified of the anticipated date of initial start-up of the

source at least 30 days prior to that date and the actual date of initial start-up of the source

within 15 days after that date.

A Prevention of Significant Deterioration (PSD) of Air Quality review is required if the

emission rate of any criteria air pollutant (carbon monoxide, hydrocarbons, nitrogen oxides, total

suspended particulates, photochemical oxidants, sulfur oxides, and lead) from routine opera-

tions of a stationary source is greater than 250 tons/yr. If necessary, a new PSD permit applica-

tion or a modification to an existing permit must be submitted to the appropriate state agency

before construction of a fusion facility.