ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
1021 NORTH GRAND AVENUE EAST, P .O .
Box 19276, SPRINGFIELD, ILLINOIS 62794-9276-( 217)
JAMES R
. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 -(312) 814416
~~
76
' KEIOVED
MAY 2 5 2007
Pollution
STATE OF
Control
ILLINOIS
Board
May 23, 2007
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W
. Randolph
Suite 11-500
Chicago, Illinois 60601
Dear Clerk
:
As required by Section 13
.6(e) of the Environmental Protection Act, enclosed is the
Illinois Environmental Protection Agency's ("Illinois EPA's") proposal for rules
prescribing standards for detecting and reporting unpermitted releases of radionuclides
from nuclear power plants
. Included in this submission is the original and nine copies of
the Illinois EPA's Motion for Acceptance
; Appearance
; Statement of Reasons, Synopsis
of Testimony, Statement Regarding Incorporation by Reference, and Statement
Regarding Published Studies and Research Reports
; and text of proposed 35 Ill
. Adm .
Code 1010
. Also enclosed is an electronic version of proposed 35 Ill
. Adm. Code 1010 .
If you have any questions or need any additional information, please contact me at (217)
524-3974.
Sincerely,
Kyle Rominger
Assistant Counsel
ROCKFORO-4302 North Main Street, Rockford, IL 61103-(815) 987-7760
• DES PLAINES-9511 W
. Harrison St ., Des Plaines, IL 60016- (847) 294-4000
ELGIN- 595 South State, Elgin, IL 60123 -(847) 608-3131 •
PEORIA - 5415 N . University St.,
Peoria, IL 61614-(309) 693-5463
BUREAU of LAND - PEORIA-7620 N
. University St.,
Peoria, IL 61614-(309) 693-5462
CHAMPAIGN
-
2125 South First Street, Champaign, IF 61820-(217) 278-5800
SPRINGFIELD-4500 S . Sixth Street Rd
., Springfield, IL 62706-(217) 786-6892 ••
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234
- (618) 346-5120
MARION - 2309 W . Main St
., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED ON RECYCLED PAPER
ROD R
. BLAGO)EVICH, GOVERNOR
DOUGLAS P
. SCOTT, DIRECTOR
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
IN THE MATTER OF
:
)
MAY 2 5 2007
PROCEDURES FOR REPORTING
STATE OF ILLINOIS
)
R
Pollution Control Board
RELEASES OF RADIONUCLIDES AT )
(Rulemaking)
NUCLEAR POWER PLANTS
)
NOTICE OF FILING
Clerk
Matthew Dunn, Chief
Illinois Pollution Control Board
Environmental Bureau
James R
. Thompson Center
Office of the Attorney General
100 West Randolph Street, Suite 11-500
100 W. Randolph, 12`h Floor
Chicago, Illinois 60601
Chicago, Illinois 60601
Bill Richardson
Office of Legal Counsel
Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702-1271
PLEASE TAKE NOTICE that I have filed today with the Illinois Pollution Control
Board the Motion for Acceptance ; Appearance
; Statement of Reasons, Synopsis of Testimony,
Statement Regarding Incorporation by Reference, and Statement Regarding Published Studies
and Research Reports ; and proposed 35 Ill. Adm
. Code 1010 by the Illinois Environmental
Protection Agency, a copy of which is herewith served upon you .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By
: Kyle
3tominger
Assistant Counsel
Dated1021
North
: 5-Grand
. 2
3
Avenue
U
7
East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RERK
EOVED
IN THE MATTER OF :
)
MAY 2 5 2001
PROCEDURES FOR REPORTING
STATE OF ILLINOIS
)
RELEASES
OF RADIONUCLIDES AT )
R b
Pollution Control Board
(Rulemaking)
NUCLEAR POWER PLANTS
)
MOTION FOR ACCEPTANCE
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA") and,
pursuant to 35 Ill . Adm. Code 102 .200 and 102 .202, moves that the Illinois Pollution Control
Board ("Board") accept for hearing the Illinois EPA's proposal for the adoption of new 35 111 .
Adm . Code 1010, "Procedures for Reporting Releases of Radionuclides at Nuclear Power
Plants." The proposal includes the following: 1) the proposed rules ; 2) a Statement of Reasons,
Synopsis of Testimony, Statement Regarding Material Incorporated by Reference, and Statement
Regarding Published Studies and Research Reports ; 3) proof of service upon all persons required
to be served pursuant to 35 111 . Adm . Code 102 .200
; 4) an electronic version of the proposed
amendments; and 5) an appearance for the attorneys representing the Agency .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DATED1021
North
:
hlgdj
GraddAri
/7,
venue
dW
East
P .O. Box 19276
Springfield, IL 62794-9276
(217) 782-3397
By:
/
r
/et
APPEARANCE
The undersigned hereby enter their appearances as attorneys on behalf of the Illinois
Environmental Protection Agency .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Dated :
-5--
Z3 .
6-7
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Kyle Ro roger
Assistant Counsel
.\)
Deborah J . Willi s
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
IN THE MATTER OF :
)
MAY 2 5 2001
~1
v
PROCEDURES FOR REPORTING
STATE OF ILLINOIS
) R 1
Pollution Control Board
RELEASES OF RADIONUCLIDES AT
)
NUCLEAR POWER PLANTS
)
(Rulemaking)
RECEIVEDCLERK'S
OFFICE
MAY 2 5 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR))STATE
Pollution
OFControl
ILLINOIS
Board
IN THE MATTER OF :
)
PROCEDURES FOR REPORTING
)
RELEASES
OF RADIONUCLIDES AT )
R
V
(Rulemaking)
NUCLEAR POWER PLANTS
)
STATEMENT OF REASONS, SYNOPSIS OF TESTIMONY, STATEMENT REGARDING
INCORPORATIONS BY REFERENCE, AND STATEMENT REGARDING PUBLISHED
STUDIES AND RESEARCH REPORTS
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA") and,
pursuant to 35 Ill . Adm. Code 102.202, submits its Statement of Reasons, Synopsis of
Testimony, Statement Regarding Material Incorporated by Reference, and Statement Regarding
Published Studies and Research Reports for the above referenced proceeding
.
STATEMENT OF REASONS
A . Statement of Facts, Purpose and Effect
1 . Background
The Illinois EPA submits this proposed rulemaking pursuant to Public Act 94-849 ("P .A.
94-849"), which added Section 13
.6 to the Environmental Protection Act ("Act") on June 12,
2006 . Section 13.6
of the Act requires the Illinois EPA, in consultation with the Illinois
Emergency Management Agency ("IEMA"),
to "propose rules to the Board presc b ng
standards for detecting and reporting unpermitted releases of radionuclides
." 415 ILCS
5/13.6(e)
. The Board has one year from its receipt of this proposal to "adopt rules prescribing
standards for detecting and reporting unpermitted releases of radionuclides
." Id .
Section 13
.6 was added to the Act "to require the detection and reporting of unpermitted
releases of any radionuclides into groundwater, surface water, or soil at nuclear power plants, to
the extent that federal law or regulation does not preempt such requirements ." 415 ILCS
5/13
.6(a) . It carries out this purpose by requiring that "[w]ithin 24 hours after an unpermitted
release of a radionuclide from a nuclear power plant, the owner or operator of the nuclear power
plant where the release occurred shall report the release to the (Illinois Environmental
Protection] Agency and the Illinois Emergency Management Agency
." 415 ILCS 5/13 .6(c)
. An
"unpermitted release of a radionuclide" is defined as "any spilling, leaking, emitting,
discharging, escaping, leaching, or disposing of a radionuclide into groundwater, surface water,
or soil that is not permitted under State or federal law or regulation
." 415 ILCS 5/13 .6(c).
Section 13
.6 of the Act also requires the Illinois EPA and IEMA to conduct quarterly
inspections of nuclear power plants for compliance with the reporting requirements of Section
13
.6 and rules adopted by the Board . 415 ILCS 5/13.6(d)
. The Board is authorized to adopt
rules that would allow self-inspections by nuclear power plant owners and operators in lieu of
Illinois EPA and IEMA inspections . 415 ILCS 5/13 .6(e) . The proposed rules do not include
self-inspection provisions .
Section 13
.6 was added to the Act following a series of leaks at the Braidwood Nuclear
Power Station ("Braidwood Station") in Will County, Illinois
. The leaks involved releases of
tritiated water from several vacuum breakers along an underground pipe known as the
"blowdown line."
The blowdown line carries tritiated water and other liquid effluent from the
Braidwood Station to the Kankakee River, where it is discharged
. The tritium leaks resulted in
groundwater contamination and impacted a nearby residential well
. Several other nuclear power
stations have also experienced tritium leaks that have resulted in groundwater contamination .
2
2. Regulatory Development
Following the passage of P
.A
. 94-849 the Illinois EPA discussed the Public Act with the
Interagency Coordinating Committee on Groundwater ("ICCG") and the Groundwater Advisory
Committee
("GAC"), and sought input from these groups regarding the development of rules
.
The ICCG is comprised of representatives of the Illinois EPA, IEMA, the Illinois Department of
Public Health, the Department of Natural Resources, the Department of Agriculture, the Illinois
State Fire Marshal, and the Department of Commerce and Economic Opportunity
. The GAC is
comprised of representatives of the Illinois EPA, business entities, environmental interest groups,
public water supply entities, local governments, regional planning entities, and water well
drillers.
In developing the proposed rules the Illinois EPA also consulted with IEMA individually
.
IEMA serves as the Illinois counterpart to the Nuclear Regulatory Commission
("NRC"), and
under Section 13
.6 of the Act conducts inspections of nuclear power plants with the Illinois EPA
for compliance with the Section 13 .6 reporting requirements
.
The Illinois EPA also worked with Exelon Corporation ("Exelon") in the development of
the proposed rules
. Exelon owns and operates all of the nuclear power plants in Illinois, either
itself or through related entities
. The Illinois EPA held several meetings with Exelon to discuss
the Section 13
.6 reporting requirements and various drafts of the proposed rules
.
In addition to working with the above groups, the Illinois EPA discussed and received
feedback on the proposed rules at a GAC-hosted stakeholder outreach meeting
. Stakeholders
invited to the meeting included state and federal legislators with nuclear power plants in their
districts, representatives of local governments with nuclear power plants in or near their
jurisdictions, and representatives of IEMA, the NRC, Exelon, the American Medical
3
Association, and various environmental and nuclear interest groups . The Illinois EPA would like
to thank the ICCG, the GAC, IEMA, Exelon, and the attendees of the stakeholder outreach
meeting for the comments and input they have provided during the development of the proposed
rules.
The Illinois EPA believes it has addressed most of the concerns brought to its attention
during the development of the proposed rules . One suggestion from Exelon that was not
incorporated into the Illinois EPA's proposal, but that appears to remain a concern for Exelon, is
the following provision :
Reporting a release of a radionuclide pursuant to this Part shall not be
determinative of whether the release is unauthorized or unlawful under
other laws or regulations, including licenses, permits or other forms of
government authorization .
This provision was suggested to help further define the scope of the rules
.
The Illinois
EPA did not include the provision in its proposal because it believes the provision exceeds the
scope of the rules required under Section 13
.6 of the Act.
3 . Description
of the Proposed Regulations
Under Section 13
.6 of the Act nuclear power plant owners and operators are required to
report unpermitted releases of radionuclides to the Illinois EPA and IEMA
.
The proposed rules
further refine when such a report is required, and set forth the information that must be provided
to the Illinois EPA and IEMA
. The following is a description of each Section of the proposed
rules .
SUBPART A
Section 1010.100 Purpose. This Section notes that Part 1010 prescribes the
standards for detecting and reporting unpermitted releases of radionuclides from nuclear power
plants pursuant to Section 13
.6 of the Act.
4
Section 1010 .102 Applicability .
This Section states that Part 1010 applies to
licensees of nuclear power plants that are required to report unpermitted releases of radionuclides
under Section 13 .6 of the Act .
Section 1010.104 . Scope.
This Section explains that Part 1010 sets forth the
procedures licensees of nuclear power plants must follow to satisfy their reporting obligation
under Section 13 .6 of the Act
. It notes that Part 1010 addresses only reporting required under
Section 13
.6 of the Act, and explains that the requirements of Part 1010 are independent of, and
do not replace or supersede, any other reporting requirements in state or federal law or
regulation.
Exelon requested the addition of language clarifying that the proposed rules would not
preclude licensees from reporting releases that are not required to be reported
. This language is
included at the end of proposed Section 1010.104
.
Section 1010 .106 Definitions
. This Section contains the definitions of terms used in
the rules. The following are explanations of a few of the definitions
:
"Licensee" .
"Licensee" is defined as "the holder of a license issued for a nuclear
power plant under Chapter I of Title 10 of the Code of Federal Regulations
." Chapter I
of Title 10 of the Code of Federal Regulations contains the NRC's rules . Therefore, a
"licensee" for purposes of the proposed rules is the person holding the NRC license for a
nuclear power plant .
"Licensee controlled area" .
"Licensee controlled area" is defined as "the land or
property that is owned, leased, or otherwise controlled by the licensee
." This term is
intended to include all land that is considered a part of a nuclear power plant site
.
5
"Station generated liquids"
. "Station generated liquids" are defined as "liquids
used in, or as a part of, the power generation process at a nuclear power plant and that
contain, or potentially could contain, radionuclides ." This definition is included because
a site may contain background levels of radionuclides that are unrelated to the operation
of a nuclear power plant
. Defining "station generated liquids" helps the proposed rules
focus on the reporting of radionuclides that are released from nuclear power plants .
"Unpermitted release of a radionuclide"
. The definition of "unpermitted release
of a radionuclide" is repeated from Section 13
.6 of the Act . An additional sentence has
been added to clarify that discharges of radionuclides at a designated process water or
cooling water outfall identified in a nuclear power plant's National Pollutant Discharge
Elimination System permit are not considered unpermitted releases, and therefore would
not be required to be reported under the proposed rules
. The additional clarification
language was added at the request of Exelon .
Section 1010
.108 Severability
This Section contains a severability clause that is
standard in Board rules
.
SUBPART B
Section 1010
.200 Evaluation of Releases
. This Section contains the procedure for
determining when a radionuclide release must be reported
. The Section focuses on the
radionuclide tritium, which is commonly used as a marker for radionuclides and is the
radionuclide involved is the leaks at the Braidwood Station and other nuclear power plants in
Illinois
.
Section 1010
.200 requires licensees to evaluate unpermitted releases of radionuclides into
groundwater, surface water, or soil within 24 hours of the release to determine whether it must
6
reported
. Reporting is required if a release of station generated liquids (i) results in tritium
concentrations of 200 pCi/L or more outside the licensee controlled area or (ii) contains tritium
at quantities of 0 .002 Curies or more
. To ensure that release evaluations consider the entire
amount released and not just the amount remaining after remedial action is conducted, the
Section states that evaluations cannot take into account any remedial actions that have been
taken.
Section 1010
.202 Reporting of Releases
. This Section sets forth the steps to be
followed in reporting releases to the Illinois EPA and IEMA
. Subsection (a) requires that reports
be given by telephone and electronically
. Each agency's current telephone number is listed, as
well as the requirements for electronic reporting
. Electronic reports must be submitted on forms
and in a format prescribed by the Illinois EPA, and to addresses prescribed by the Illinois EPA
and IEMA
. Subsection (a) requires the Illinois EPA to consult with IEMA in developing the
forms and format for the electronic reports
.
Subsection (b) lists the minimum initial information that must be reported for a release to
provide the Illinois EPA and IEMA with basic information about the release
. Subsection (c)
requires the Illinois EPA to post copies of the electronic reports it receives on its website
.
Section 1010
.204 Follow-up Written Report .
This Section requires the submission of
a follow-up written report within five business days after a release
. The purpose of the follow-up
report is to confirm and update the initial information provided under Section 1010
.202, and to
provide additional basic information about the release
. It also affords the reporting party an
opportunity to amend or correct the initial information provided under Section 1010
.202 .
Subsection (a) provides that the follow-up written report must confirm and update the
information initially provided under Section 1010
.202
. The follow-up report must also include
7
certain information that may not be readily available at the time the initial information about the
release is provided under Section 1010 .202 .
Under subsection (b),
follow-up reports must be submitted electronically to the Illinois
EPA and to IEMA on forms and in a format prescribed by the Illinois EPA . The Illinois EPA
must consult with IEMA in developing the forms and format for the electronic reports
.
Subsection (b) also requires the submission of a hard copy of the follow-up report to the Illinois
EPA's Groundwater Section
. Subsection (c) requires the Illinois EPA to post copies of the
follow-up reports on its website .
B . Technical Feasibility and Economic Reasonableness
1 . Technical
Feasibility
The Illinois EPA does not believe this proposal raises issues of technical feasibility
. The
reporting of radionuclide releases is already required by Section 13 .6 of the Act . The proposed
rules further refine when this reporting requirement is triggered : when releases (i) result in
tritium concentrations of 200 pCi/L or more outside of the licensee controlled area or (ii) contain
tritium quantities of .002 Curies or more
. 200 pCi/L is the practical quantitation limit for tritium,
and is a level that can be met by Exelon's in-house labs as well as other labs in Illinois
. The
0
.002 Curies quantity is a mass that can be easily detected, and is used in lieu of requiring the
modeling of each on-site release to determine whether the release might result in tritium
concentrations of 200 pCi/L or more outside of the licensee controlled area
.
2. Economic
Reasonableness
Section 13
.6 of the Act already requires Exelon to report releases of radionuclides to the
Illinois EPA and IEMA
. The proposed rules provide a description of the basic information that
8
must be relayed to the Illinois EPA and to IEMA when a release is reported
. The Illinois EPA
believes that the cost of providing this information will be reasonable
.
II.
SYNOPSIS OF TESTIMONY
The Illinois EPA plans to provide Rick Cobb, the Deputy Manager of its Division of
Public Water Supplies, as a witness at hearing
. Mr. Cobb will testify about the background of
Section 13 .6 of the Act, tritium releases that have occurred at nuclear power plants in Illinois,
and the development and content of the proposed rules
. Mr. Cobb's written testimony will be
submitted prior to hearing in accordance with the Board's procedural rules
. The Illinois EPA
may provide additional witnesses at hearing that will not offer prepared testimony, but that may
assist in answering questions raised during the hearing .
III. STATEMENT REGARDING INCORPORATIONS BY REFERENCE
The proposed rules do not contain any incorporations by reference
.
IV.
STATEMENT REGARDING PUBLISHED STUDIES AND RESEARCH REPORTS
The Illinois EPA used the following reports in its development of the proposed rules
:
1
. Hydrogeologic Investigation Report, Fleetwide Assessment, Braidwood
Generating Station, Braceville, Illinois
. Prepared for Exelon Generation
Company, LLC, by Conestoga-Rovers & Associates
. September 2006 .
2.
Hydrogeologic Investigation Report, Fleetwide Assessment, Byron Generating
Station, Byron, Illinois . Prepared for Exelon Generation Company, LLC, by
Conestoga-Rovers & Associates . September 2006 .
3.
Hydrogeologic Investigation Report, Fleetwide Assessment, Dresden Generating
Station, Morris, Illinois . Prepared for Exelon Generation Company, LLC, by
Conestoga-Rovers & Associates
. September 2006 .
4 .
Hydrogeologic Investigation Report, Fleetwide Assessment, Quad Cities
Generating Station, Cordova, Illinois
. Prepared for Exelon Generation Company,
LLC, by Conestoga-Rovers & Associates
. September 2006 .
9
5 .
Hydrogeologic Investigation Report, Fleetwide Assessment, Zion Generating
Station, Zion, Illinois . Prepared for Exelon Generation Company, LLC, by
Conestoga-Rovers & Associates . September 2006 .
The public can obtain copies of these reports from
:
Craig Nesbit
Director, Communications
Exelon Nuclear
4300 Winfield Road
Warrenville, Illinois 60555
(630) 657-4208
These studies were not performed by the Illinois EPA or by a person or entity that
contracted with the Illinois EPA for the performance of the study .
DATED:
J
Z 3
07
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Kyle Ro i ger
Assistant Counsel
10
Section
1010.100
Purpose
1010.102
Applicability
1010.104
Scope
1010.106
Definitions
1010.108
Severability
1010.200
Evaluation of Releases
1010.202
Reporting of Releases
1010.204
Follow-up Written Report
AUTHORITY : Implementing and authorized by Section 13 .6 of the Environmental Protection
Act [415 ILCS 5/13 .6] .
SOURCE : Adopted at
SUBPART
Ill . Reg. A
: GENERAL
, effectivePROVISIONS
Section 1010.100 Purpose
This Part prescribes standards for detecting and reporting unpermitted releases of radionuclides
from nuclear power plants pursuant to Section 13
.6 of the Act.
Section 1010.102
Applicability
This Part applies to licensees of nuclear power plants that are required under Section 13 .6 of the
Act to report an unpermitted release of a radionuclide
.
TITLE 35 : ENVIRONMENTAL PROTECTION
SUBTITLE 1
: ATOMIC RADIATION
CHAPTER 1 : POLLUTION CONTROL BOARD
PART 1010
PROCEDURES FOR REPORTING RELEASES OF RADIONUCLIDES AT NUCLEAR
POWER PLANTS
SUBPART A: GENERAL PROVISIONS
SUBPART B : REPORTING
1
Section 1010.104 Scope
This Part sets forth the procedures licensees of nuclear power plants must follow to satisfy their
obligation under Section 13 .6 of the Act to report unpermitted releases of radionuclides to the
Agency and to IEMA . This Part addresses only the reporting of unpermitted releases of
radionuclides required under Section 13
.6 of the Act . The requirements of this Part are
independent of, and do not replace or supersede, any other reporting requirements in state or
federal law or regulation . This Part does not prevent or preclude licensees from reporting
releases of radionuclides that are not required to be reported under Section 13 .6 of the Act .
Section 1010.106
Definitions
Except as stated in this Section, or unless a different meaning of a word or term is clear from the
context, the definition of words or terms in this Part shall be the same as that applied to the same
words or terms in the Environmental Protection Act [415 ILCS 5] .
"Act" means the Environmental Protection Act [415 ILCS 5] .
"Agency" means the Illinois Environmental Protection Agency .
"Curie" or "Ci" means the quantity of radioactive material producing 37 billion nuclear
transformations per second .
"Groundwater" means underground water which occurs within the saturated zone and
geologic materials where the fuid pressure in the pore space is equal to or greater than
atmospheric pressure
. [415 ILCS 5/3 .64]
"IEMA" means the Illinois Emergency Management Agency .
"L" means liter .
"Licensee" means the holder of a license issued for a nuclear power plant under Chapter I
of Title 10 of the Code of Federal Regulations .
"Licensee controlled area" means the land or property that is owned, leased, or otherwise
controlled by the licensee .
"Picocurie" or "pCi" means the quantity of radioactive material producing 2 .22 nuclear
transformations per minute . One pCi is one trillionth (10 12) of one curie.
"Person" is any individual, partnership, co partnership, firm, company, limited liability
company, corporation, association, joint stock company, trust, estate, political
subdivision, state agency, or any other legal entity, or their legal representative, agent,
or assigns . [415 ILLS 5/3 .315]
2
"Station generated liquids" means liquids used in, or as a part of, the power generation
process at a nuclear power plant and that contain, or potentially could contain, radionuclides
.
"Surface water" means all water that is open to the atmosphere and subject to surface runoff
.
"Unpermitted release of a radionuclide" means any spilling, leaking, emitting,
discharging, escaping, leaching, or disposing of a radionuclide into groundwater,
surface water, or soil that is not permitted under State or federal law or regulation
. [415
ILCS 5/13 .6(c)] .
"Unpermitted release of a radionuclide" does not include the discharge
of a radionuclide from a point source at a designated process water or cooling water
outfall identified in the nuclear power plant's National Pollutant Discharge Elimination
System permit, provided the discharge is authorized in the nuclear power plant's United
States Nuclear Regulatory Commission operating license .
1010.108
Severability
If any provision in this Part or its application to any person or under any circumstances is
adjudged invalid, such adjudication shall not affect the validity of this Part as a whole or of any
portion not adjudged invalid .
SUBPART B : REPORTING
Section 1010.200 Evaluation of Releases
Within 24 hours after an unpermitted release of a radionuclide from a nuclear power plant into
groundwater, surface water, or soil, the licensee must evaluate the release in accordance with this
Section to determine whether it must be reported . The evaluation cannot take into account
remedial actions taken in response to the release (i
.e., the evaluation must be based on the
volumes of station generated liquids and concentrations or quantities of radionuclides released,
not on the volumes of station generated liquids and concentrations or quantities of radionuclides
remaining after the initiation or completion of response actions) . If the release is required to be
reported, the licensee must report the release in accordance with Section 1010 .202 of this Part.
a)
Licensees must report unpermitted releases of station generated liquids that result
in tritium concentrations of 200 pCi/L or more outside of the licensee controlled
area.
b)
Licensees must report unpermitted releases of station generated liquids that
contain tritium at quantities of 0 .002 Curies or more
.
3
Section 1010 .202 Reporting of Releases
a)
Reports required under Section 1010
.200 of this Part must be given within 24
hours of the release to both the Agency and IEMA in accordance with the
following :
1)
Reports to the Agency must be given by telephone and electronically
. At
the time these rules are adopted the Agency's telephone number for
reporting environmental emergencies is 1-217-782-3637 .
2)
Reports to IEMA must be given by telephone and electronically
. At the
time these rules are adopted JEMA's telephone number for reporting
emergencies is 1-800-782-7860, or, if calling from outside Illinois, 1-217-
782-7860 .
3)
Electronic reports must be submitted on forms and in a format prescribed
by the Agency, and must be submitted to addresses prescribed by the
Agency and IEMA
. The Agency shall consult with IEMA in developing
the forms and format for electronic reports required under this Section
.
b)
Reports required under Section 1010
.200 of this Part must include, at a minimum,
the following information using the best data available at the time of the report
:
1)
The name and address of the nuclear power plant where the release
occurred ;
2)
The name, signature, and telephone number of the Principal Executive
Officer for the nuclear power plant or the Principal Executive Officer's
authorized agent ;
3)
The specific location of the release
;
4)
The time and duration of the release ;
5)
An estimate of the volume and radionuclide concentrations (in pCi/L) of
station generated liquids released, and an estimate of the flow rate if the
release is ongoing ;
6)
Identification of the radionuclides released and an estimate of the
quantities released (in Curies) ;
7)
Whether the release was to groundwater, surface water, or soil, and a
description of the area into which the release occurred
(e.g., field, ditch,
stream, or other description) and the size of the area affected
;
4
8)
The actions taken to respond to, contain, and mitigate the release
;
9)
The known and anticipated impacts to human health and the environment,
including but not limited to groundwater and surface water resources, as a
result of the release ;
10) The names, addresses, and telephone numbers of persons at the nuclear
power plant who may be contacted for further information regarding the
release ; and
11)
The name and mailing address of the licensee of the nuclear power plant .
The Agency must post copies of the electronic reports it receives under this
Section on the Agency's website .
Section 1010.204 Follow-up Written Report
An owner or operator who reports a release under this Part must provide to the Agency and to
IEMA a follow-up written report of the release within five business days after reporting the
release .
a)
The follow-up report must confirm and update the information provided by the
licensee under Section 1010 .202 of this Part utilizing the best data available, and
must also include the following information
:
1)
Copies of all lab analyses used to confirm the presence of, or conducted in
response to, the release if lab analyses have been conducted ;
2)
Plan view and, if available, geological cross-section maps showing, at a
minimum, the location of the release, the locations of samples taken to
confirm the release if samples have been taken, the locations of samples
taken in response to the release if samples have been taken, the measured
and modeled extents of the release if known, the groundwater flow
direction if known, groundwater contours if known, the boundary of the
licensee controlled area, and structures, roads, and other surface features ;
3)
An estimate of the volume and radionuclide concentrations (in pCi/L) of
station generated liquids released but not recovered
;
4)
An estimate of the quantities (in Curies) of radionuclides released but not
recovered ;
5)
An updated description of activities taken in response to the release ;
6)
If additional activities in response to the release are planned, a description
of such activities; and
7)
The name and signature of the Principal Executive Officer for the nuclear
power plant or the Principal Executive Officer's authorized agent .
b)
The follow-up report must be submitted electronically on forms and in a format
prescribed by the Agency, and must be submitted to addresses prescribed by the
Agency and IEMA . The Agency shall consult with IEMA in developing the
forms and format for electronic reports required under this Section . In addition, a
hard copy of the follow-up report must be submitted to the following address on
forms prescribed by the Agency :
Illinois Environmental Protection Agency
Bureau of Water
Groundwater Section
1021
North Grand Avenue East
P .O. Box 19276
Springfield, Illinois
62794-9276
c)
The Agency must post copies of the follow-up reports it receives under this
Section on the Agency's website .
6
STATE OF ILLINOIS
)
SS
COUNTY OF SANGAMON
)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served the attached Motion for
Acceptance ; Appearance ; Statement of Reasons, and Synopsis of Testimony, Statement
Regarding Incorporation by Reference, and Statement Regarding Published Studies and
Research Reports ; and proposed 35 Ill . Adm. Code 1010 b upon the following person :
Clerk
Matthew Dunn, Chief
Illinois Pollution Control Board
Environmental Bureau
James R . Thompson Center
James R. Thompson Center
100 W . Randolph Street, Suite 11-500
100 W
. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
Bill Richardson
Office of Legal Counsel
Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
and mailing it by First-Class Mail from Springfield, Illinois, with sufficient postage
affixed :
Dated: May 23, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
yl ommger
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P .O. Box 19276
Spring field, IL 62794-9276
217/782-5544
RECYCLED PAPER
THIS FILING IS SUBMITTED ON
