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OFFICE OF THE SECRETARY OF STATE

JESSE WHITE • Secretary of State

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POLLUTION CONTROL BOARD

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Dear DOROTHY GUNN

Your rules Listed below met our codification standards and have been published in

Volume 31, Issue 51 of the Illinois Register, dated 12/21/2007.

PROPOSED RULES

Procedures for Reporting Releases of Radionuclides at Nuclear Power Plants

35 III. Adm. Code 1010

Page 16685

Point Of Contact:Erin Conley

If you have any questions, you may contact the Administrative Code Division at

JAMES R THOMPSON CENTER 100 W RANDOLPH ST STE 11-500

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Department - Administrative Code Division - 111 East Monroe Springfield, IL 62756

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

1)?

Heading of the Part: Procedures for Reporting Releases of Radionuclides at Nuclear

Citation: 35 Ill. Adm. Code Part 1010

Statutory Authority: 415 ILCS 5/13.6

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 which, 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 the 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

RECEIVED

7 2007

SOS-CODE

DIV.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

report must contain the information required for the initial report as well as supplemental

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.

Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None

Will this proposed rule replace an emergency rule currently in effect? No

Does this rulemaking contain an automatic repeal date? No

Does this proposed rule contain incorporations by reference? No

10)

Are there any other proposed rules pending on this Part? No

11)

Statement of Statewide Policy Objectives: 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.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

For more information contact Marie Tipsord at 312/814-4925 or email at

tipsordm@ipcb.state.il.us.

13) Initial

Regulatory Flexibility Analysis:

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.

Reporting, bookkeeping or other procedures required for compliance:

This proposed rule includes numerous reporting requirements as mandated by

P.A. 94-849.

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 Pro osed Rule be ins on the next • a

. e:

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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

AUTHORITY: Implementing and authorized by Section 13.6 and 27 of the Environmental

Protection Act [415 ILCS 5/13.6 and 27].

SOURCE: Adopted at 32 Ill.

SUBPART

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 Illinois Environmental Protection Act

(Act) [415 ILCS 5/13.6].

Section 1010.102?

Applicability

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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 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 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 Chapter I

of Title 10 of the Code of Federal Regulations.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

"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 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.

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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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.

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.

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 of this Part must be given within 24

hours of the release to both the Agency and IEMA in accordance with the

following:

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.

Reports to IEMA must be given by telephone and electronically. At the

time these rules are adopted IEMA's telephone number for reporting

emergencies is 1-800-782-7860, or, if calling from outside Illinois, 1-217-

782-7860.

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;

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

The name, signature, and telephone number of the Principal Executive

Officer for the nuclear power plant or the Principal Executive Officer's

authorized agent;

The specific location of the release;

The time and duration of the release;

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;

Identification of the radionuclides released and an estimate of the

quantities released (in Curies);

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;

The actions taken to respond to, contain, and mitigate the release;

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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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:

Copies of all lab analyses used to confirm the presence of, or conducted in

response to, the release if lab analyses have been conducted;

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;

An estimate of the volume and radionuclide concentrations (in pCi/L) of

station generated liquids released but not recovered;

An estimate of the quantities (in Curies) of radionuclides released but not

recovered;

An updated description of activities taken in response to the release;

If additional activities in response to the release are planned, a description

of such activities; and

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. Within five business days after submission of the electronic

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULE

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, Illinois 62794-9276

Illinois Emergency Management Agency

Division of Nuclear Safety

Bureau of Environmental Safety

1035 Outer Park Drive

Springfield, Il 62704

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.