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