4
ILLINOIS REGISTER
CLERK'S
ECEIVIED
OFFICE
DEC
1
7 2001
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
1)
Heading of the Part: Procedures for Reporting Releases of Radionuclides at Nuclear
Power Plants
2)
Code Citation: 35 Ill. Adm. Code 1010
3)
Section Numbers:
Proposed Action:
1010.100
New Section
1010.102
New Section
1010.104
New Section
1010.106
New Section
1010.108
New Section
1010.200
New Section
1010.202
New Section
1010.204
New Section
4)
Statutory Authority: 415 ILCS 5/13.6
5)
A Complete Description of the Subjects and Issues Involved: For a more detailed
description of this rulemaking see the Board's December 6, 2007 opinion and order in
Procedures Required by P. A. 94-849 for Reporting Releases of Radionuclides at Nuclear
Power Plants: New 35 Ill. Adm. Code 1010 (R07-20). This rulemaking is based on a
proposal filed with the Board by the Illinois Environmental Protection Agency (Agency)
on May 25, 2007. The Agency's proposal is driven by amendments to the Environmental
Protection Act (Act) in Public Act 94-849 that, in adding Section 13.6 to the Act (415
ILCS 5/13.6 (2006)), required the Agency to propose rules to the Board to establish
standards for detecting and reporting unpermitted releases of radionuclides from nuclear
power plants.
The proposed new Part 1010 procedures will allow licensees of power plants to fulfill
their obligation under Section 13.6 of the Act to report unpermitted releases of
radionuclides to the Agency and the Illinois Emergency Management Agency (IEMA).
These procedures establish a requirement that within 24 hours after any unpermitted
release of radionuclides into the groundwater, surface water, or soil, the licensee must
evaluate the release to determine whether it needs to be reported and, if reporting is
necessary, make a report to the Agency and IEMA within that same 24 hours. The
proposed rule gives the proper procedure for reporting the releases, including the
appropriate reporting phone numbers for the Agency and IEMA as well as instructions on
electronic reporting. The proposal further requires a follow-up written report sent to the
Agency and the IEMA within five days after reporting the release. This follow-up report
must contain the information required for the initial report as well as supplemental
STATE OF ILUilbIS
,
ollutlon Control Board
ILLINOIS REGISTER?
2
07
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
information on the release utilizing the best data available.
Under the proposed rules, a radionuclide is deemed to have been detected if an
unpermitted release of liquids either: 1) results in tritium concentrations of 200
picocuries per liter (pCi/L) or more outside the licensee controlled area, or 2) contains
tritium at quantities of 0.002 Curies (Ci) or more.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking: None
7)
Will this rulemaking replace any emergency rulemaking currently in effect? No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference? No
10)
Are there any other proposed rulemakings pending on this Part? No
11)
Statement of Statewide Policy Objective: This proposed rule does not create or enlarge a
State mandate, as defined in Section 3(b) of the State Mandates Act. [30 ILCS 805/3(b)
(2004)].
12)
Time, Place, and Manner in which interested persons may comment on this proposed
rulemaking: The Board will accept written public comment on this proposal for 45 days
after the date of publication in the
Illinois Register.
Comments should reference Docket
R07-20 and be addressed to:
Clerk's Office
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, IL 60601
Interested persons may request copies of the Board's opinion and order by calling the
Clerk's office at 312-814-3620, or download from the Board's Web site at
www.ipcb.state.il.us.
For more information contact Marie Tipsord at 312/814-4925 or email at
tipsordm@ipcb.state.il.us.
13)
?
Initial Regulatory Flexibility Analysis:
ILLINOIS REGISTER?
3
07
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
A)
Types of small businesses, small municipalities and not for profit corporations
affected: While the reporting requirements apply only to nuclear power plants
that may have had an unpermitted releases of radionuclides from their facility,
small businesses, small municipalities and not-for-profit organizations would
benefit from the information that is required by this proposed rule.
B)
Reporting, bookkeeping or other procedures required for compliance: This
proposed rule includes numerous reporting requirements as mandated by P.A. 94-
849.
C)
Types of Professional skills necessary for compliance: Compliance with this rule
may require the skills of an attorney, chemist, and/or engineer.
14)?
Regulatory Agenda on which this rulemaking was summarized: July 2007
The full text of the Proposed Rules begins on the next page:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE I: ATOMIC RADIATION
CHAPTER I: POLLUTION CONTROL BOARD
PART 1010
PROCEDURES FOR REPORTING RELEASES OF
RADIONUCLIDES AT NUCLEAR POWER PLANTS
SUBPART A: GENERAL PROVISIONS
Section
1010.100
1010.102
1010.104
1010.106
1010.108
Purpose
Applicability
Scope
Definitions
Severability
SUBPART B: REPORTING
?
1010.200
?
Evaluation of Releases
?
1010.202
?
Reporting of Releases
?
1010.204
?
Follow-up Written Report
AUTHORITY: Implementing and authorized by ScctionSections 13.6 and 27 of the
Environmental Protection Act [415 ILCS 5/13.6 and 27].
SOURCE: Adopted at 32 Ill. Reg.
, effective
SUBPART A: GENERAL PROVISIONS
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
Illinois Environmental Protection Act (Act} [415 ILCS 5/13.6].
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.
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
statcState 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 Illinois
Environmental Protection Act [415 ILCS
"Act" means the Illinois 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 whichthat occurs within the saturated zone
and geologic materials where the fluid 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
Chaptcrchapter I of Titictitle 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, s-tateState agency, or any other legal entity, or their
legal representative, agent, or assigns.
?
[415 ILCS 5/3.315]
"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.
Section 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.
Section 1010 202 Reporting of Releases
a)?
Reports required under Section 1010.200 must be given within 24 hours
after the release to both the Agency and IEMA in accordance with the following:
11?
Reports to the Agency must be given by telephone and electronically. The
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7
3637
2)
Reports to IEMA must be given by telephone and electronically. IEMA's
telephone number for reporting emergencies is 1-800-782-7860, or, if calling
from outside Illinois, 1-217-782-7860.
3)
Electron'c reports must be submitted on forms and in a format 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 must include, at a minimum, the
following information, using the best data available at the time of the report:
11?
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;
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.
c)?
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
?
rt 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 suchthose 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)
Submission of Follow-up Reports
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. Within five business days after submission of the
electronic follow-up report, hard copies of the follow-up report must be
submitted to the Agency and IEMA at the following addresses:
Illinois Environmental Protection Agency
Bureau of Water
Groundwater Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinoio IL 62794-9276
Illinois Emergency Management Agency
Division of Nuclear Safety
Bureau of Environmental Safety
1035 Outer Park Drive
Springfield, Il IL 62704
21
?
The Agency shall consult with IEMA in developing the forms and format for
reports required under this Section.
c)
The Agency must post copies of the follow-up reports it receives under
this Section on the Agency's website.
ILLINOIS REGISTER
JCAR351010-0716685r01
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TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE I: ATOMIC RADIATION
CHAPTER I: POLLUTION CONTROL BOARD
PART 1010
PROCEDURES FOR REPORTING RELEASES OF
RADIONUCLIDES AT NUCLEAR POWER PLANTS
AECrilifEe)
CLERK'S OFFICE
DFr 1 7't37
STATE OF
ILLINOIS
Con
trol
Board
SUBPART A: GENERAL PROVISIONS
Section
1010.100 Purpose
1010.102 Applicability
1010.104 Scope
1010.106 Definitions
1010.108 Severability
SUBPART B: REPORTING
1010.200
Evaluation
of Releases
1010.202
Reporting
of Releases
1010.204
Follow-up
Written Report
AUTHORITY: Implementing and authorized by Sections 13.6 and 27 of the Environmental
Protection Act [415 ILCS 5/13.6 and 27].
SOURCE: Adopted at 32 Ill. Reg.
, effective
SUBPART A: GENERAL PROVISIONS
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 Illinois Environmental Protection Act
[415 ILCS 5/13.6].
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.
Section 1010.104 Scope
JCAR351010-0716685r01
44 This
Part sets forth the procedures licensees of nuclear power plants must follow to satisfy their
45 obligation
under Section 13.6 of the Act to report unpermitted releases of radionuclides to the
46 Agency and to IEMA. This Part addresses only the reporting of unpermitted releases of
47 radionuclides
required under Section 13.6 of the Act. The requirements of this Part are
48 independent
of, and do not replace or supersede, any other reporting requirements in State or
49 federal
law or regulation. This Part does not prevent or preclude licensees from reporting
50 releases
of radionuclides that are not required to be reported under Section 13.6 of the Act.
51
52
Section 1010.106 Definitions
53
54 Except
as
stated in this Section, or unless a different meaning of a word or term is clear from the
55 context,
the definition of words or terms in this Part shall be the same as that applied to the same
56 words
or tennis in the Illinois Environmental Protection Act.
57
58
"Act" means the Illinois Environmental Protection Act [415 ILCS 5].
59
60
"Agency" means the Illinois Environmental Protection Agency.
61
62
"Curie" or "Ci" means the quantity of radioactive material producing 37 billion
63
nuclear transformations per second.
64
65
"Groundwater" means underground water
that
occurs within the saturated zone
66
and geologic materials where the fluid pressure in the pore space is equal to or
67
greater than atmospheric pressure.
[415 ILCS 5/3.64]
68
69
"IEMA" means the Illinois Emergency Management Agency.
70
71
"L" means liter.
72
73
"Licensee" means the holder of a license issued for a nuclear power plant under
74
chapter I of title 10 of the Code of Federal Regulations.
75
76
"Licensee controlled area" means the land or property that is owned, leased, or
77
otherwise controlled by the licensee.
78
79
"Picocurie" or "pCi" means the quantity of radioactive material producing 2.22
80
nuclear transformations per minute. One pCi is one trillionth (10
-12) of one curie.
81
82
"Person" is any individual, partnership, co-partnership, firm, company, limited
83
liability company, corporation, association, joint stock company, trust, estate,
84
political subdivision,
State
agency, or any other legal entity, or their legal
85
representative, agent, or assigns.
[415 ILCS 5/3.315]
86
JCAR351010-0716685r01
87
"Station generated liquids" means liquids used in, or as a part of, the power
88
generation process at a nuclear power plant and that contain, or potentially could
89
contain, radionuclides.
90
91
"Surface water" means all water that is open to the atmosphere and subject to surface
92
runoff.
93
94
"Unpermitted release of a radionuclide" means any spilling, leaking, emitting,
95
discharging, escaping, leaching, or disposing of a radionuclide into groundwater,
96
surface water, or soil that is not permitted under State or federal law or
97
regulation.
[415 ILCS 5/13.6(c)]. "Unpermitted release of a radionuclide" does
98
not include the discharge of a radionuclide from a point source at a designated
99
process water or cooling water outfall identified in the nuclear power plant's
100
National Pollutant Discharge Elimination System permit, provided the discharge
101
is authorized in the nuclear power plant's United States Nuclear Regulatory
102
Commission operating license.
103
104
Section 1010.108 Severability
105
106 If
any provision in this Part or its application to any person or under any circumstances is
107 adjudged
invalid, such adjudication shall not affect the validity of this Part as a whole or of any
108 portion
not adjudged invalid.
109
110
SUBPART B: REPORTING
111
112
Section 1010.200 Evaluation of Releases
113
114 Within
24 hours after an unpermitted release of a radionuclide from a nuclear power plant into
115 groundwater,
surface water, or soil, the licensee must evaluate the release in accordance with this
116 Section
to determine whether it must be reported. The evaluation cannot take into account
117 remedial
actions taken in response to the release (i.e., the evaluation must be based on the
118 volumes
of station generated liquids and concentrations or quantities of radionuclides released,
119 not
on the volumes of station generated liquids and concentrations or quantities of radionuclides
120 remaining
after the initiation or completion of response actions). If the release is required to be
121 reported,
the licensee must report the release in accordance with Section 1010.202 of this Part.
122
123 a) Licensees
must report unpermitted releases of station generated liquids that result
124
in tritium concentrations of 200 pCi/L or more outside of the licensee controlled
125
area.
126
127 b) Licensees
must report unpermitted releases of station generated liquids that
128
contain tritium at quantities of 0.002 Curies or more.
129
JCAR351010-0716685r01
130
Section 1010.202 Reporting of Releases
131
132 a) Reports
required under Section 1010.200 must be given within 24 hours after the
133
release to both the Agency and IEMA in accordance with the following:
134
135
1) Reports
to the Agency must be given by telephone and electronically. The
136
Agency's telephone number for reporting environmental emergencies is 1-
137
217-782-3637.
138
139
2) Reports
to IEMA must be given by telephone and electronically. IEMA's
140
telephone number for reporting emergencies is 1-800-782-7860, or, if
141
calling from outside Illinois, 1-217-782-7860.
142
143
3) Electronic
reports must be submitted on forms and in a foimat prescribed
144
by the Agency and IEMA. The Agency shall consult with
TEMA
in
145
developing the fauns and format for electronic reports required under this
146
Section.
147
148 b) Reports
required under Section 1010.200 must include, at a minimum, the
149
following information, using the best data available at the time of the report:
150
151
1) The
name and address of the nuclear power plant where the release
152
occurred;
153
154
2) The
name, signature, and telephone number of the Principal Executive
155
Officer for the nuclear power plant or the Principal Executive Officer's
156
authorized agent;
157
158
3) The
specific location of the release;
159
160
4) The
time and duration of the release;
161
162
5) An
estimate of the volume and radionuclide concentrations (in pCi/L) of
163
station generated liquids released, and an estimate of the flow rate if the
164
release is ongoing;
165
166
6) Identification
of the radionuclides released and an estimate of the
167
quantities released (in Curies);
168
169
7) Whether
the release was to groundwater, surface water, or soil, and a
170
description of the area into which the release occurred (e.g., field, ditch,
171
stream, or other description) and the size of the area affected;
172
JCAR351010-0716685r01
173
8) The
actions taken to respond to, contain, and mitigate the release;
174
175
9) The
known and anticipated impacts to human health and the environment,
176
including but not limited to groundwater and surface water resources, as a
177
result of the release;
178
179
10) The
names, addresses, and telephone numbers of persons at the nuclear
180
power plant who may be contacted for further information regarding the
181
release; and
182
183
11) The
name and mailing address of the licensee of the nuclear power plant.
184
185 c) The
Agency must post copies of the electronic reports it receives under this Section
186
on the Agency's website.
187
188
Section 1010.204 Follow-up Written Report
189
190 An owner or operator who reports a release under this Part must provide to the Agency and to
191 TEMA
a follow-up written report of the release within five business days after reporting the
192 release.
193
194 a) The
follow-up report must confinn and update the infounation provided by the
195
licensee under Section 1010.202 utilizing the best data available and must also
196
include the following information:
197
198
1) Copies
of all lab analyses used to confirm the presence of, or conducted in
199
response to, the release if lab analyses have been conducted;
200
201
2) Plan
view and, if available, geological cross-section maps showing, at a
202
minimum, the location of the release, the locations of samples taken to
203
confirm the release if samples have been taken, the locations of samples
204
taken in response to the release if samples have been taken, the measured
205
and modeled extents of the release if known, the groundwater flow
206
direction if known, groundwater contours if known, the boundary of the
207
licensee controlled area, and structures, roads, and other surface features;
208
209
3) An
estimate of the volume and radionuclide concentrations (in pCi/L) of
210
station generated liquids released but not recovered;
211
212
4) An
estimate of the quantities (in Curies) of radionuclides released but not
213
recovered;
214
215
5) An
updated description of activities taken in response to the release;
JCAR351010-0716685r01
216
217?
6)?
If additional activities in response to the release are planned, a description
218
?
of those activities; and
219
220?
7)?
The name and signature of the Principal Executive Officer for the nuclear
221?
power plant or the Principal Executive Officer's authorized agent.
222
223
? b)?
Submission of Follow-up Reports
224
225
?
1)
?
The follow-up report must be submitted electronically on forms and in a
226?
format prescribed by the Agency and must be submitted to addresses
227
?
prescribed by the Agency and IEMA. Within five business days after
228
?
submission of the electronic follow-up report, hard copies of the follow-up
229
?
report must be submitted to the Agency and IEMA at the following
230
?
addresses:
231
232
?
Illinois Environmental Protection Agency
233
?
Bureau of Water
234
?
Groundwater Section
235?
1021 North Grand Avenue East
236?
P.O. Box 19276
237?
Springfield IL 62794-9276
238
239?
Illinois Emergency Management Agency
240?
Division of Nuclear Safety
241?
Bureau of Environmental Safety
242
?
1035 Outer Park Drive
243
?
Springfield IL 62704
244
245
?
2)
?
The Agency shall consult with IEMA in developing the forms and format
246?
for reports required under this Section.
247
248?
c)
?
The Agency must post copies of the follow-up reports it receives under this
249?
Section on the Agency's website.