ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2007
    IN THE MATTER OF:
    PROCEDURES REQUIRED BY P. A. 94-849
    FOR REPORTING RELEASES OF
    RADIONUCLIDES AT NUCLEAR POWER
    PLANTS: NEW 35 Ill. Adm. Code 1010
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    R07-20
    (Rulemaking - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On May 25, 2007, the Illinois Environmental Protection Agency (Agency) filed a
    proposal under the general rulemaking provisions of Section 27 of the Environmental Protection
    Act (Act) (415 ILCS 5/27 (2006)). The rulemaking proposal was submitted pursuant to P. A. 94-
    849, which added Section 13.6 to the Act (415 ILCS 5/13.6 (2006)). Section 13.6 of the Act
    requires that the Agency propose rules to the Board “prescribing standards for detecting and
    reporting unpermitted releases of radionuclides.” 415 ILCS 5/13.6 (2006). The Board has one
    year from receipt of the proposal to adopt the standards.
    Id
    . For the reasons stated below, the
    Board accepts the proposal for hearing.
    The proposal, which was accompanied by a motion for acceptance, includes a statement
    of reasons (Reasons), a synopsis of testimony and a statement regarding published studies and
    research reports. The Agency states that the proposal was developed in consultation with
    Interagency Coordinating Committee on Groundwater and the Groundwater Advisory
    Committee. Reasons at 3. The Agency also consulted with the Illinois Emergency Management
    Agency (IEMA) and Exelon Corporation.
    Id
    .
    The statement of reasons explains that the proposal seeks to refine when an unpermitted
    release of radionuclides must be reported to the Agency and IEMA. Reasons at 4. The Agency
    indicates that the proposal addresses most of the concerns raised by those consulted except for a
    concern raised by Exelon Corporation.
    Id
    . The Agency did not include language suggested by
    Exelon Corporation, because the Agency believed the language exceeded the scope of Section
    13.6 of the Act (415 ILCS 5.13.6 (2006)).
    Id
    .
    The Board accepts this proposal for hearing and directs the assigned hearing officer to
    proceed expeditiously under the rulemaking provisions of the Act and the Board’s procedural
    rules. 415 ILCS 5/27, 28 (2006); 35 Ill. Adm. Code 102. After conducting one or more hearings
    on this proposal, the Board will consider whether to proceed to first notice.
    2
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on June 21, 2007, by a vote of 4-0.
    __
    _________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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