ILLINOIS POLLUTION CONTROL BOARD
    JULY 19 1985
    IN THE MATTER OF:
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    )
    R82—2
    SUBTITLE
    I:
    ATOMIC RADIATION
    )
    CHAPTER
    1:
    POLLUTION CONTROL HOARD
    )
    PART 1000:
    RADIATION
    EIA2ARDS
    PROPOSED RULE.
    SECOND
    NoTIcE.
    ORDER OF THE BOARD
    (by J~D. Dimelle):
    This matter
    first came before
    the Board upon a January 27,
    1982,
    petition to adopt regulations at
    35
    Iii.
    Adm.
    Code 1000
    concerning radiation hazards which was flied on behalf
    of the
    Department of Nuclear Safety
    (DNS).
    The DNS submitted a revised
    proposal
    on March
    5,
    1982, which codified the proposed rules,
    Hearings were held to consider
    the proposal on May 11, 1982,
    in
    Chicago and May 14, 1982,
    in Springfield.
    The DNS filed
    a second
    revision
    of
    the proposed rules on August 26, 1982.
    The
    Department
    of Energy and Natural Resources
    (DENR)
    filed
    its
    Economic Impact Study on October
    28, 1983.
    Hearings were held to
    consider that study on January 24, 1984,
    and February
    17, 1984.
    The comment period
    closed on March 26,
    1984.
    A Proposed Rule/First Notice Proposed Opinion and Order was
    adopted
    by the Board
    (5—0)
    on January
    24,
    1985.
    The DNS proposed
    Subtitle
    I, Part 1000 which would regulate radiological air
    pollutants
    emitted from NRC regulated
    facilities,
    The rules
    would establish permissible
    levels of
    radiation exposure
    to
    persons
    in areas
    to which access
    is not controlled
    by the NRC
    licensee.
    The provisions
    are very similar
    to those
    found
    in
    existing federal
    regulations.
    The effect
    of proposed Subtitle
    I,
    Part
    1000,
    is
    to provide DNS with
    the authority and
    the means
    to
    protect
    the public from radiation hazards associated with
    the
    large number
    of NRC—licensed activities
    in Illinois.
    The
    proposed rule was published at
    9
    Iii. Reg.
    6569
    (May 10,
    1985).
    On June
    24,
    1985, Commonwealth Edison Company filed
    a motion
    for
    a two—day extension of the 45—day comment period scheduled
    to
    end on that day.
    Due
    to the fact that
    the motion was timely
    filed during the comment period
    and the granting
    of
    the motion
    would not unduly delay the proceeding,
    the motion
    is hereby
    granted, thereby extending
    the comment period
    until June
    26,
    1985.
    On June
    25, 1985,
    t4r, L~0.
    Del George
    of Commonwealth
    Edison filed Public Comment. No.
    4
    which addressed two technical
    aspects of
    the proposed rule.

    2
    In Commonwealth Edison’s first comment
    it points
    out
    a
    typographical error
    in Section 1000.301(a) where
    the words “in
    any one year” were inadvertently omitted when published
    in the
    Illinois Register.
    These words should follow “0.5 rem”
    at the
    end
    of the subsection as they did in the Board’s First Notice
    Order.
    The second comment by Commonwealth Edison addresses
    the
    proposed rule~stwo different definitions
    for the term “radio-
    active material”.
    The definition in Subpart
    B,
    Section 1000.201
    pertains to the entire part while the definition
    in Subpart D
    Section i000.412
    is applicable
    to only that subpart.
    There
    seems
    to
    be
    no reasc~i Lo define the term twice.
    Therefore,
    only one
    definition wii~,re listed
    in Subpart B which will encompass the
    entire proposea
    rule.
    As
    to
    the ~ef±nition itself,
    the Board
    is uncertain
    as
    to
    the origin of e~therdefinition used in the proposed
    rule.
    Commonwealth Ed~sonsuggests
    in the interest of clarification
    that
    it would
    k:~ preferable
    to use
    a combination
    of the
    definitions fro~aSubparts B and
    D.
    The Board believes that
    it
    is
    reasonable
    to u~eonly one definition:
    therefore,
    the
    recommended
    comb:Lnation definition will be adopted.
    The
    definition
    for ~radioactive material” will be modified
    to
    read:
    “any dusts,
    particulates,
    fumes, mists, vapors,
    or gases which
    spontaneously emit ionizing radiation,”
    FuthermOre~the definition
    for
    “radiation”
    in Subpart D,
    Section 1000.402 will
    be deleted.
    A nearly
    identical definition
    appears
    in Subpart
    B,
    Section 1000.201 which pertains to the
    entire proposed rule.
    On June 26, 1985,
    Mr.
    James
    R.
    Hollis,
    of the Illinois Power
    Company
    (IPC)
    filed Public Comment No.
    5 which suggests
    additional considerations for modifying the proposed rule.
    First,
    IPC states that sealed sources should be exempt from
    the proposed rule since
    the potential
    radioactive emissions from
    radioactive by—product materials are not sufficient
    to justify
    a
    duplication
    of the
    regulations.
    There
    is no evidence
    in the
    record regarding the degree
    of hazard
    in
    the sealed sources so
    there
    is
    no apparent basis
    in making the recommended change.
    Second,
    IPC states that Section 1000.301(a)
    is more
    restictive than the Radiological Environmental Technical
    Specifications (RETS)
    set out by the United States Nuclear
    Regulatory Commission.
    IPC goes on
    to explain the difference
    between the RETS requirement and the proposed rule1s
    requirement.
    The proposed rule :eauires
    that
    the whole body dose
    for
    all radioactive emissions
    be equal
    to or less than 0,5 rem
    per year.
    This language
    is substantially identical to the
    federal
    rules
    ~ec
    out
    in
    10
    CFR
    20.
    Considering
    that
    the
    Board’s
    intent
    is
    to
    ~doot
    the
    federal
    rules
    on
    Radiation
    Hazards,
    it
    appears
    thaL
    ;~
    comparison
    set out by
    Illinois
    Power
    on
    this

    3
    point
    is inappropriate.
    IPC’s
    third point,
    is rather vague
    and difficult
    to
    understand.
    It seems that IPC
    is arguing that the proposed rule
    should
    not cover radiation from direct discharges
    from the
    licensee’s operation.
    However,
    it appears from 10 CFR 20.105,
    that the
    federal rules regulate the summation of both sources
    of
    radiation,
    and this is appropriately reflected
    in
    the proposed
    rule.
    Point four is also difficult to understand.
    IPC states that
    Section 1000.501
    requires the gaseous effluents section of the
    Offsite Dose Calculations Manual
    to be included
    in the
    transmittals
    to the DNS which will cause higher costs
    for
    compliance since
    it duplicates existing regulations.
    This
    requirement apparently comes from Section 1000.501(a)(6).
    This
    section requires that all data,
    records and
    reports submitted to
    the NRC must
    be duplicated and sent to the DNS
    as well.
    If
    in
    fact IPC
    is concerned with the costs
    of duplicating and mailing
    the reports to the DNS which
    they have to mail
    to the NRC
    in any
    case,
    this does not seem unreasonable or unduly burdensome.
    As a
    final
    note,
    the Board is correcting a typographical
    error
    in Subpart E Section l000.501(a)(6).
    The word “commection”
    will be changed
    to its correct spelling of
    “connection”.
    IT
    IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif
    that the above Order was adopted
    on
    the /9~tdayof
    _______________,
    1985, by a vote of ~C.
    7~.
    ./t~
    ~.
    Dorothy
    M. dunn,
    Clerk
    Illinois Pollution Control Board
    65-111

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