James Conca (health physicist wannabe) "contributed" to Forbes with a bit of nonsense which tries to make it look like the EPA is crazy for wanting to regulate Kr-85. It's all political!
What he doesn't seem to realize is that the EPA's responsible for developing federal radiation protection guidance. This was a responsibility of the now defunct Federal Radiation Council.
The EPA already regulates Kr-85 in 40CFR190.10(b).
And the expected rulemaking Conca is whining about states, that "Without the operation of a reprocessing plant(s),there is little likelihood of exceeding the existing standards for the fissionproducts krypton-85 and iodine-129." (See page 11 of 19 of the Federal Register link provided by Conca).
If you read the entire FR link, the pending rulemaking is due to outdated methodologies and broader issues. It certainly isn't all about Kr-85.