  SEQ CHAPTER \h \r 1 Form for Compliance with E.O. 12866 Docket
Requirements

		

Title of Regulation:     Public Health and Environmental Radiation
Protection Standards for Yucca Mountain, NV (40 CFR part 197 – final
amendments)                                                             
                                                          

Contact person:    Ray Clark, Office of Radiation and Indoor Air,
Radiation Protection Division                                           
                                                                        
          		

Phone number:      (202) 343-9198                                       


Was this regulation reviewed by OMB under Executive Order  12866 -
Regulatory Planning and Review?

Yes          No 

If you checked “no”, you are done with this form.  Simply place it
in the docket for your regulation.  If you checked “yes”, please
fill out the remainder of the form before placing it in the docket. 
Also docket any relevant documents referenced in the form.			

For regulations that are checked “Yes” above:

This regulation was reviewed by OMB under Executive Order  12866 -
Regulatory Planning and Review. 

Attached is the draft regulation and any other documents sent to OMB for
review, such as analyses and assessments.   E.O. 12866 requires agencies
to make these publicly available.

E.O. 12866 also requires agencies to identify the substantive changes
between the draft regulation sent to OMB for review and the regulation
subsequently announced  [Please check the appropriate box below:] 

	

  XX    	EPA made substantive changes to this regulation	

(includes changes initiated by EPA or OMB). 

Attached is a document which: (1) identifies all the substantive changes
made, and (2) notes those changes OMB suggested or recommended.

		

        	No substantive changes were made to this regulation

	Therefore, no further attachments are required.

If you have questions about this regulation, please call the EPA contact
person listed above.

 Memorandum to File

Date:		September 30, 2008

To:		Docket No. EPA-HQ-OAR-2005-0083:

Public Health and Environmental Radiation Protection Standards for Yucca
Mountain, NV (40 CFR part 197 – final amendments)

From:		Ray Clark

Office of Radiation and Indoor Air

Radiation Protection Division

Subject:	Executive Order 12866 Review – Substantive Changes to Draft
Regulation

As required by Executive Order 12866, “Regulatory Planning and
Review,” Federal agencies are required to identify substantive changes
to draft regulations submitted for review by the Office of Management
and Budget.  Listed below are the substantive changes to the amendments
to 40 CFR part 197, which were submitted in draft form to OMB in
December, 2006.  Attached are copies of the draft regulation submitted
to OMB and the final regulation signed by the Administrator.

The substantive changes are:

1.  Change of the peak dose individual-protection standard applicable
beyond 10,000 years after disposal and up to 1 million years after
disposal.  The draft regulation included a peak dose standard of 3.5
millisieverts per year (mSv/yr) (350 millirem per year (mrem/yr).  The
final regulation includes a peak dose standard of 1 mSv/yr (100
mrem/yr).

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ࠀpercentile value.  The final regulation specifies use of the
arithmetic mean without conditions or restrictions.

3.  Specifying that the Nuclear Regulatory Commission (NRC), as the
licensing authority, may require the Department of Energy (DOE) to
assess the effects of seismic activity on the ground-water table.  The
draft regulation specified that NRC would conduct such an analysis.

