ILLINOIS POLLUTION CONTROL BOARD

March 6, 2008

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)

Proposed Rule. Second Notice.

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

Pursuant to P.A. 94-849, the Illinois Environmental Protection Agency (Agency)

proposed rules for prescribing standards for detecting and reporting unpermitted releases of

radionuclides from nuclear power plants. The Board has held two hearings and accepted

comments on the proposal. On December 6, 2007, the Board proposed for first notice the rule as

proposed by the Agency, with only minor changes. The rule was published in the

Illinois

Register

on December 21m 2007.

See

31 Ill. Reg. 16685 (Dec. 21, 2007). The Board has

received no additional comment and has held no additional hearings; therefore, the Board today

proposes for second notice the rule as proposed for first notice making only minor

nonsubstantive changes.

The Board will briefly describe the procedural background and then summarize the rule

language. Finally, the Board will discuss the reasons for proceeding to second notice.

PROCEDURAL BACKGROUND

On May 25, 2007, the Agency filed a proposal as required by Section 13.6(e) of the

Environmental Protection Act (Act) (415 ILCS 5/13.6(e) (2006)). The proposal included a 10-

page statement of reasons (Reasons). On June 21, 2007, the Board accepted the rulemaking for

hearing.

On July 13, 2007, in accordance with Section 27(b) of the Act (415 ILCS 5/27(b)

(2006)), the Board requested that the Department of Commerce and Economic Opportunity

(DCEO) conduct an economic impact study for this rulemaking. On August 7, 2007, the Board

was informed that the DCEO had decided not to conduct an economic impact study for this

rulemaking. At the public hearing held on October 10, 2007 (Tr.2), the Board solicited

comments on DCEO’s decision not to conduct an economic impact study. No comments were

offered. Tr.2 at 5-6.

On August 24, 2007, the Board received pre-filed testimony from Zigmund Karpa on

behalf of Exelon Nuclear (Exelon) (Exh. 3) and Richard Cobb on behalf of the Agency (Exh. 1).

The Board held two hearings in this proceeding before Hearing Officer Marie Tipsord. The first

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hearing was held on September 5, 2007, in Chicago (Tr.1) and the second October 10, 2007, in

Springfield (Tr.2). At those hearings the Board heard testimony from:

Kyle Rominger and Richard Cobb on behalf of the Agency;

Zigmund Karpa on behalf of Exelon.

At the close of hearings a November 1, 2007 deadline for public comments to be filed was set.

The Board received two public comments in this matter, both from the Agency (PC 1, PC 2).

On December 6, 2007, the Board adopted the rule for first notice. The proposed rule was

published in the

Illinois Register

on December 21, 2007. The Board received no additional

public comment and no requests for additional hearings.

SUMMARY OF THE RULE

The rule proposes procedures for reporting releases of radionuclides at nuclear power

plants. The procedures proposed will allow licensees of power plants to fulfill their obligation

under Section 13.6 of the Act (415 ILCS 5/13.6 (2006)) to report unpermitted releases of

radionuclides to the Agency and Illinois Emergency Management Agency (IEMA). These

procedures establish a requirement that within 24 hours of 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.

See

Section 1010.200. The proposal 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.

See

Section 1010.202.

The proposal further requires a follow-up written report be sent to the Agency and IEMA within

five days after reporting the release.

See

Section 1010.204. This follow-up report must contain

the information required for the initial report as well as supplemental information on the release

utilizing the best data available.

Id

.

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. PC 2 at 2.

Tritium is a radionuclide that is a natural byproduct of electricity production in nuclear

power plants. Exh. 1 at 3. Tritium is also naturally produced in the atmosphere when cosmic

rays collide with air molecules.

Id

. Naturally occurring tritium is found in trace amounts in

groundwater worldwide.

Id

.

Based upon information from the Braidwood station, the background level for tritium is

35 pCi/L. However, in commercial, State, and private laboratories (other than research

laboratories), the lowest amount of tritium that can be practically detected is 200 pCi/L. That is

why the reporting levels for this rule are 200 pCi/L. PC 2 at 3. The quantity of 0.002 Ci as

another reporting requirement is a practical level. Exelon’s staff is familiar with this level and it

can be determined without analytical testing. PC 2 at 4. Releases of quantities of less than 0.002

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Ci are not expected to result in concentrations of 200 pCi/L of tritium or more outside the

licensee controlled area.

Id

.

These provisions of the rules are uniform across all contaminant sources and all

geographic areas within the State. PC 2 at 4. These provisions do not apply outside Illinois, nor

do they make special provision for alert and abatement standards and procedures respecting

occurrences, emergencies of pollution or other short-term conditions constituting an acute danger

to health or the environment, or regulations specific to individual persons or sites. PC 2 at 4-5.

DISCUSSION

Section 13.6 of the Act (415 ILCS 5/13.6 (2006)) was enacted by P.A. 94-849 and

amended by P.A. 95-066 (eff. Aug. 13, 2007). Section 13.6 regulates the release of

radionuclides and requires detection and reporting of unpermitted releases. 415 ILCS 5/13.6(a)

(2006). Unpermitted releases must be reported to the Agency and IEMA within 24 hours. 415

ILCS 5/13.6(b) (2006). Under Section 13.6, the Agency was required to propose rules to the

Board prescribing standards for detecting and reporting of unpermitted releases. The Agency

fulfilled the statutory obligation by proposing these rules to the Board. In addition, Section 13.6

of the Act (415 ILCS 5/13.6 (2006)) requires the Board to adopt the rules within one year of the

Agency’s proposal being filed. The Board proceeded to first notice on December 6, 2007, to

ensure the timely adoption of the proposed rules. Today the Board proceeds to second notice to

further ensue the timely adoption of the proposed rules.

The Board found at first notice that based on the record before the Board, the rules are

economically reasonable and technically feasible. In addition, the Board found that the proposed

rules will be protective of the environment and human health. As stated previously, the Board

has received no additional public comment on this rulemaking. Thus, the Board has no

additional evidence in the record that would impact the Board’s prior findings. The Board

therefore finds that proceeding to second notice with the rule as proposed at first notice is

warranted. Thus, the Board adopts the rule for second notice.

ORDER

The Board directs the Clerk to cause the filing of the following rule for second notice

with the Joint Committee on Administrative Rules.

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

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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

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

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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.

“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 that 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.

“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.

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