ML20033F809

Notice of Proposed Amended Agreement W/State of Il to Regulate Byproduct Matls.Supporting Info,Including State Dept of Nuclear Safety Proposed Rule Entitled, Licensing Requirements for Source Matl Milling Facilities

ML20033F809
Person / Time
Issue date:	03/23/1990
From:	Combs F NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
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ML20033F810	List: ML20033F809 ML20033F815
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NUDOCS 9004030118
Download: ML20033F809 (56)

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ww w-NUCLEAR REGULATORY COMMISSION i

i State of Illinois: Staff Assessment of Proposed Amendment Number One to the Agreement Between the Nuclear Regulatory Commission and the State of Illinois AGENCY:

U.S. Nuclear Regulatory Commission ACTION: Notice of Proposed Amended Agreement with State of Illinois

SUMMARY

Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) is publishing for public comment the NRC staff j

assessment of a proposed amendment to the existing section 274b agreement between the NRC and the State of Illinois which became effective June 1, l

1987. The request dated April 11, 1989 from Governor James R. Thompson of the State of Illinois, if approved, would permit Illinois to regulate byproduct materials as defined in section 11e.(2) of the Atomic Energy i

l Act, as amended, (uranium or thorium mill tailings) in conformance with the requirements of section 2740 of the Atomic Energy Act of 1954, as L

amended (theAct).

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'A staff assessment of the State's proposed radiation control program to implement the amended agreement is set forth below as supplementary information to this notice. A copy of the complete program description submitted by Illinois, including a program statement prepared by the State describing the State's proposed program for control over byproduct l.

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materials as defined in section 11e.(2) of the Act, State legislation, and Illinois regulations, is available for public inspection at the Comission's Public Document Room at 2120 L Street, NW, Washington, DC, the Comission's Region III Office at 799 Roosevelt Road, Building No. 4 Glen Ellyn, Illinois, and the Illinois Department of Nuclear Safety at 1035 Outer Park Drive, Springfield, Illinois. Exemptions from and reservations of the Comission's regulatory authority, which would

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implement this proposed amendment to the existing 274b agreement, have been published in the Federal Register and codified as Part 150 of the Comission's regulations in Title 10 of the Code of Federal Regulations.

DATE:

Comments must be received on or before ADDRESSES:

Submit written coments to: The Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, OC 20555.

ATTN: Docketing and Services Branch. Coments may also be delivered to 11555 Rockville Pike, Rockville, Maryland from 7:45 a.m. to 4:15 p.m. Monday through Friday.

Copies of comments received by NRC may be examined at the NRC Public Document Room, 2120 L Street, NW, Washington, DC.

l FOR FURTHER INFORMATION CONTACT:

Vandy L. Miller, Assistant Director for State Agreements Program, U.S. Nuclear Regulatory Comission, Washington, DC. Telephone: 301-492-0326 1

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SUPPLEMENTARY INFORMATION: Assessment of proposed amended Illinois 1

Program to regulate certain radioactive materials pursuant to section 274 l

of the Atomic Energy Act of 1954, as amended (the Act).

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The Commission has received a proposal from the Governor of Illinois for the State to amend its agreement with the NRC whereby the NRC would i

i relinquish and the State would assume regulatory authority for byproduct material, as defined in section 11e.(2) of the Act, purs5nt to section 274 of the Act.

Section 274e of the Act requires that the terms of the proposed agreement i

be published for public comment once each week for four consecutive

. weeks.

Accordingly, this notice will be published four times in the Federal Register.

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Background

A. Section 274 of the Act provides a mechanism whereby the NRC may transfer to the State certain regulatory authority over agreement I

-materials when a State desires to assume this authority and the Governor I. Bypro etmaterialsasdefinedinlle.(I)

A B. Byproduct materials as defined in 11e.(2)

C. Source materials; and D. Special nuclear materials in quantities not sufficient to form a critical mass

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certifies that the State has an adequate regulatory program, and when the i

Comission finds that the State's program is compatible with that of the i

NRC and is adequate to protect tb public health and safety. Section 274g directs the Comission to cooperate with the States in the

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formulation of standards for protection against radiation hazards to assure that State and Comission programs for radiation protection will be coordinated and compatible, further, section 274j provides that the Comission shall periodically review such agreements andictions taken by the States under the agreements to ensure compliance with the provisions of this section.

The Uranium Mill Tailings Radiation Control Act of 1978 amended the requirements of section 274 of the Atomic Energy Act, by adding section 2740 which imposed certain requirements that must be met by Agreement States in order to regulate uranium and thorium mill tailings after November 8, 1981.

1 B. On May 18, 1987, the Governor of Illinois signed an agreement with the NRC for the assumption of regulatory authority for byproduct material as defined in section 11e.(1) of the Act, source material, special nuclear material in quantities not sufficient to form a critical mass, and the land disposal of source, byproduct, and special nuclear material received from other persons. This agreement became effective on June 1, 1987.

In a letter dated April 11, 1989, Governor James R. Thompson of

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1. lc; the State.of Illinois requested that the Commission enter into an amended agreement with the State pursuant to section 274 of the Act under which the State would assume responsibility for regulating uranium and thorium milltailings(11e.(2)byproductmaterial)andtheoperationsthat generate such material. The Governor certified that the State of Illinois has a program for control of radiation hazards which is adequate to protect the public health and safety with respect to the materials-within the State covered by the proposed amendment to thE" agreement, and.

that the State-of Illinois desires to assume regulatory responsibility for such materials. The text of the proposed amendment to the agreement f

is shown in Appendix A.

The specific authority requested is for source material recovery activities including the uranium and thorium mill tailings (byproduct materialasdefinedinsection11e.(2)oftheAct).

The proposed amendment to the agreement covers the following areas:

1. Amending Article I of the Agreement of May 18, 1987 to add the extraction or concentration of source material from any ore processed primarily for its source material content and the management and disposal of the resulting byproduct material as defined in section 11e.(2) of the Act to the list of materials covered by the agreement.

2. Amending Article II of the Agreement of May 18, 1987 by inserting "A." before "This Agreement," by redesignating paragraphs A. through D. as subparagraphs 1. through 4., by deleting paragraph E. relating to the

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extraction or concentration of source material from source material ore and the management and disposal of the resulting byproduct material, and

' by adding a'new paragraph B. relating to authorities pertaining to j

byproduct materials as defined in section 11e.(2) of the Act that will be retained by the Commission.

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3. Amending Article IX by redesignating it Article X and by inserting a -

new Article IX which requires compliance with 2740 of thEAct and specifies certain financial surety requirements in-subparagraphs A. and B.

4. States that the Agreement of May 18, 1987 remains in effect except as modified by the above amendments.

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5. Specifies the effective date of Amendment Number One.

-The State has no active uranium or thorium mills processing ore for its i

source material content. However, one facility exists under an NRC license at West Chicago, Illinois. This mill began operations in 1931 to process ore containing thorium and rare earth metals.

' Kerr-McGee Chemical Corporation (Kerr-McGee) acquired the facility in 1967 and operated it until closing the plant in 1973.

In 1979 Kerr-McGee submitted a plan to the NRC for decomissioning the West Chicago site and stabilizing the accumulated waste and tailings. The plan was modified and the most recent version submitted to NRC in 1986. Besides ei-

7 onsite wastes and ore residuals, wastes are known to exist offsite as well. On August 5, 1988, the Commission issued a decision on the regulatory aspects of the radiologically contaminated material on and

.offsite. The Comission held:

(1) the radiologically contaminated material in and along Kress Creek and the West Branch of the DuPage River was 11e.(2) byproduct material and, therefore, not within the scope of the section 274b agreement into which the Comission entered with Illinois in 1987, and remained within the regulatory auth'ority of the Commission; and (2) the radiologically contaminated material in Reed-Keppler Park and certain residential areas of DuPage County, and the radiologically contaminated material returned from the West Chicago Sewage Treatment Plant and residential areas within the City of West Chicago to the West Chicago Rare Earths Facility site, was source material that is within the scope of the agreement and was, therefore, under the regulatory L

authority of the State of Illinois.

In rendering this decision, the Commission upheld the position that the thorium-contaminatedmaterialdescribedin(2)aboveshouldbeclassified as source material.

It further held that the thorium-contaminated l-material in Kress Creek should be classified as 11e.(2) byproduct material. Consequently, in order for the State of Illinois to regulate the latter, the State of Illinois would need to have its existing Agreement amended to demonstrate compliance with the provisions of the Uranium Mill Tailings Radiation Control Act of 1978, as amended. Details relating to the Rare Earths Facility are contained in the Final Environmental Statement (NUREG-0904, 1983) and the Supplement to the

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Final Environmental Statement (NUREG-0904, Supplement No.1,1989) related to the decomissioning of the Rare Earths Facility, West Chicago, Illinois.

.A On February 13, 1990, the Atomic Safety and Licensing Board (Licensing.

Board) issued a decision directing the staff to issue a license amendment authorizing Kerr-McGee to dispose of the 11e.(2) byproduct material as proposed by Kerr-McGee in its application.

The staff issued the amendment on February 23, 1990. The State of Illinois and the City'of West Chicago each filed a Notice of Appeal before the Atomic Safety and Licensing Appeal Board (AppealBoard). The State of Illinois and the City of West Chicago also requested the Appeal Board to stay the Licensing Board's decision.

The Appeal Board issued an Order on March 13, 1990 denying the State's and the City's requests for a stay.

C. Ill. Rev. Stat.1985, ch.127, par. 63b17, the enabling statute for the Illinois Department of Nuclear Safety (IDNS) and Ill. Rev. Stat.1987, ch. Illi, par. 211-229, the Illinois Radiation Protection Act authorize the Department to issue licenses to, and perform inspections of, users of radioactive materials under the Agreement and otherwise carry out a total radiation control program.

Illinois regulations for radiation protection were adopted on September 25,.1986 under authority of the enabling statute and provide standards, licensing, inspection, enfortement and administrative procedures for agreement and non-agreement materials. These standards and procedures-became effective on June 1,1987, the effective date of the Agreement. As amended by P.A. 85-1160, effective August 5, 1988, the Illinois Radiation Protection Act authorizes the IDNS to regulate

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9 byproduct material' as defined in section 11e.(2)'of the Act..To provide for licensing of 11e.(2) byproduct material and source material recovery facilities which generate 11e.(2) byproduct material, a new Part 332 has been added to the Illinois Administrative Code (32 111. Adm. Code 332).

These regulations were finalized on January 4,1990 and will become effective when the Amendment Number One becomes effective. On February 6, 1990, Kerr-McGee sought judicial review of the final regulations in the Illinois courts (Kerr-McGee Chemical Corp. v. IDNS, No. 9dMR49; 111. Cir.

Ct., Sangamon County). This proceeding is still pending.

On January 10, 1990, the Illinois General Assembly Joint Committee on Administrative Rules (JCAR) met and issued 13 objections to the final regulations for source material recovery and 11e.(2) byproduct material (32 Ill. Adm. Code 332). These objections were published in the Illinois

- Register on February 2,1990.

In accordance with Section 7.07 of the Illinois Administrative Procedure Act (Ill. Rev. Stat.1987, ch.127, par.1007.07), IDNS has 90 days to respond to the objections and, if. IONS

.does not respond within 90 days, the lack of. response will constitute a refusal to amend or repeal this rule. Unless the JCAR drafts and

-introduces legislation requiring IDNS to implement the recommendations, i

no further actions are required of IDNS.

D. On June 1,1987, Illinois assumed regulatory authority for (1) byproduct material as defined in section 11e.(1) of the Act, (2) source material, (3) special nuclear material in quantities not sufficient to L

form a critical mass, and (4) permanent disposal of low-level radioactive

10 waste containing one or more of the foregoing materials'but not contafning uranium and thorium mill tailings (byproduct material as defined in-section 11e.(2)- of the Act). The program audits conducted since that time have resulted in NRC findings that the Illinois radiation control program is compatible with that of the NRC and is adequate to protect public health and safety.

Illinois is one of two States with a cabinet-level agencylevoted exclusively to radiation safety and control.

Illinois' role in radiation safety is traceable to 1955 when the Illinois General Assembly created the Atomic Power Investigating Commission. The Illinois Department of Nuclear Safety Program provides a comprehensive program encompassing radiation protection regulations for radioactive materials and machine i

produced radiation, lasers, low-level radioactive waste management, l

surveillance of transportation of radioactive materials and environmental l

radiation, coordination of State government functions concerning nuclear i

power and emergency preparedness.

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E. The proposed amendment to the Illinois agreement will cover the regulation of source material extraction from ores processed primarily for their source material content and the management and disposal of the L

L resulting tailings and other wastes (byproduct material as defined in 1

section11e.(2)oftheAct). The State's proposed program for the regulation of source material extraction and 11e.(2) byproduct material is assessed under Criteria 29 through 36 of the guidelines published by NRC, Criteria for Guidance of States and NRC in Discontinuance of NRC i

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11 Regulatory Authority and Assumption Thereof by States Through Agreement.2 These criteria are specifically identified as " Additional Criteria for States Regulating Uranium or Thorium Processors and Wastes Resulting Therefrom After November 8, 1981" and address the Statutes, Regulations, Organizational Relationships Within the States, Personnel, Functions To Be Covered, and Instrumentation.

Prior evaluation of the Illinois program in accordance with Criteria 1 through 28, was addressed in the staff assessment of the original 1111nois proposed agreement published in the Federal Register on January 21, 1987 (52 FR 2309-2324).

II.

NRC Staff Assessment of the Proposed Illinois' Radiation Control

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Program for Control of Uranium and Thorium Processors and the Waste l ~

Resulting Therefrom l

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Reference:

Criteria for Guidance of. States and NRC in Discontinuance of

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NRC Regulatory Authority and Assumption Thereof by States Through L

Agreement.2

<1 A. Statutes o

2 NRC Statement of Policy published in the Federal Register January 23, l

1981 (46 FR 7540-7546), a correction was published July 16, 1981 (46 FR 36969) and a revision of Criterion 9 published in the Federal Register July 21, 1983 (48 FR 33376).

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29.. State statutes or duly promulgated regulations should be enacted,

.if not already in place, to.make clear State authority to carry out the requirements of Public Law 95-604, Uranium Mill Tailings Radiation ControlAct,asamended(UMTRCA).

Based on the. analysis of the State's revised statutes, regulations, and the State's program statement, the staff concludes that the Illinois Radiation Protection Act and the State's implementing regulations provide adequate authority for Illinois to regulate section 11e.(2) byproduct material in accordance with the requirements of the Uranium Mill Tailings i

Radiation Control Act, as amended. The Radiation Protection Act requires the IDNS to provide, by rule or regulation, standards for the protection of the public health and safety and the environment that are equivalent,.

to the extent practicable, or more stringent than, the standards adopted i

and enforced by NRC for 11e.(2) byproduct material, including standards issued by the Environmental Protection Agency (EPA). The Illinois j

Radiation Protection Act also authorizes IDNS to require licensees to i:

provide adequate financial surety to assure'that all of the IDNS

- requirements for the decontamination, decomissioning, and reclamation of sites, structures, and equipment used in connection with the generation or-disposal of section 11e.(2) byproduct material have been met.. Authority is also provided to transfer to the Federal government 1:

funds which have been collected by the State for long-term surveillance 1

and maintenance if custody of the byproduct material and its disposal site is transferred to the Federal government.

Provisions of the Illinois Administrative Procedure Act (111. Rev. Stat.1985, ch.127, p

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par.1005)andIllinoisregulations(32111.Adm.CodeParts200and332) implement the procedural requirements for the issuance of licenses and rulesprescribedinsection2740(3)(A)and(B)oftheAct,andidentified' in Criterion 29d., e., and g.

These requirements relate'to such matters as opportunity for written comments, public hearings, cross examination, and judicial review,

Reference:

Ill. Rev. Stat.1985, ch.127, par. 63b17 and~1005; Ill. Rev.

Stat. 1987, ch. Illi, par. 211-229, as amended by P.A. 85-1160; 32 111.

j Adm. -Code Parts 200 and 332.

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30. In the enactment of any supporting legislation, the State should-take into account the reservations of authority to the Commission in UMTRCA as stated in 10 CFR 150.15a.

l The staff has reviewed the Illinois Radiation Protection Act, as amended, and has determined that these reservations of authority to the Counission are incorporated in the Illinois statute and are adequately discussed in the program statement.

References:

Ill. Rev. Stat. 1987, ch. Illi, par. 211-229, as amended; Illinois Program Statement: Application to Amend the Agreement Between Illinois and' the U.S. Nuclear Regulatory Commission.

31. Section 2740(3)(C) of the Act requires that in the licensing and regulation of ores processed primarily for their source material content

14 and.for the disposal of the resulting byproduct material, States shall establish procedures which provide a written analysis of the impact on the environment of the licensing activity. This analysis shall.be available to the public before commencement of hearings and shall include:

a. An assessment.of the radiological and nonradiological public health impacts;

b. An assessment of any impact on any body of water or groundwater; i

c. Consideration of alternatives to the licensed activities; and,

d. Consideration of long-term impacts of licensed activities.

. The State's statutes and its implementing regulations provide sufficient authority for the IDNS to comply with the environmental assessrent procedures required by UMTRCA.

Part 332 of Illinois regulations (section 332.100) addresses the procedural requirements for environmental assessments and defines the scope of assessments and associated administrative procedures.

In accordance with Criterion 29f., section 332.100 of the Illinois regulations bans major construction prior to

- completion of the environmental analysis.

Refertnces:

Illinois Program Statenent, Application to Amend the

- Agreement Between Illinois and the U.S. Nuclear Regulatory Commission; Ill. Rev. Stat.1987, ch Illi, par. 211-229, as amended by P.A 85-1160; 32 Ill. Adm. Code Part 332.

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B. Regulations

32. State regulations should be reviewed for regulatory requirements, and where necessary incorporate regulatory language which is equivalent, to-the extent practicable, or more stringent than regulations and standards adopted and enforced by the Commission, as required by section 2740(see10CFR40,AppendixA,and10CFR150.31(b)).

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On January 10,1990(effectivedate: January 4,1990), final Illinois regulations (32.111. Adm. Code Part 332) were submitted to NRC completing l-the Governor's package submitted April 11, 1989. These final regulations establish State regulations that are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the Connission for the same purpose, including requirements and standards promulgated by the Environmental Protection Agency.

It is the staff's opinion that these rules have, to the maximum extent practicable, L

achieved the same objective as'the NRC's Part 40 regulations except that I

certain parts of the State regulations are more stringent than the NRC regulations and are, therefore, more restrictive than NRC regulations, i

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-The staff has identified State requirements which NRC does not address in -

its regulations that may also be considered to be more stringent than NRC requirements. The sections are identified below. The staff is proposing to find the following sections more stringent and in accord with section 2740 of the Act only for the purpose of finding the Illinois program l

adequate, compatible and in compliance with statutory requirements so l

that authority may be relinquished lawfully to the State. The staff

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16 offers no~ opinion whether, as applied to any particular site, the E

q _ findings required by the last paragraph of section 2740 can be made.

Criteria which are more stringent than 10 CFR Part 40.

1. Part 332 - This Part of the-Illinois regulations is cr.nsidered more stringent in that it does not contain a specific exemption provision such as 10 CFR 40.14(a.) or a provision for approving alternatTves to these regul6tions such as provided for in the Introduction of Appendix A to 10 CFR Part 40.

2. Section 332.70 - This section is considered more stringent in that the NRC performhnce standards have been written as technical criteria L

thereby eliminating the flexibility inherent in NRC regulations.

3. Section 332.170c) - This section is considered more stringent in that the annual average total radon release rate of 2 picocurie per square meter per second flux limit is more stringent than the 20 picocurie per meter square per second limit in Criterion 6 of Appendix A to 10 CFR Part 40.

4. Subsection 332.210b)1) - This subsection banning disposal sites within a distance of 2.5 km of any municipality without the consent of the municipality is more stringent than NRC's performance objective of locating disposal sites in remote areas.

n, 17-5.:Section 332.220b)1) - This section is considered more stringent in that it does not allow slopes steeper than 10h:1v.

6. Section 332.240 - This section is considered more stringent in that the licensee must defend its design as a 1000 year design. This section

'does not have the flexibility of Criterion 6 of Appendix A to 10 CFR Part I

40 that states following the 1000-year criterion, "to the extent reasonably achievable, and, in any case, for at' least 200~ years."

7. Section 332.250 b) and c) - Subsection b) is considered more stringent in that it requires chemical treatment of the tailings which is not required in' Appendix A to 10 CFR Part 40. Subsectionc)is considered more stringent in that it requires groundwater restoration'to levels consistent with those before operations.- NRC Criterion 5B(5)(b) and-.(c) allows concentration values up to EPA drinking limits.

Criteris which are not in NRC's 10 CFR Part 40 regulations:

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1. Section 332.20 - Definition of Buffer Zone, l

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2. Section 332.20 - Definition of Minor Custodial Activities.

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3. Section 332.20 - Definition of Postclosure, l

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4. Section 332.20 - Definition of Reclamation. This term is used in 10 CFR Part 40; however, this definition is not in NRC's regulations.

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5. Section 332.140 - This criterion is not in 10 CFR Part 40; however, it.is generally consistent.with NRC's licensing practice..

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6. Section 332.170 b)-Thiscriterionisnotin10CFRPart40; i

however,itisconsistentwith10CFR20.106(a).

7. Section 332.180 - This criterion is not in 10 CFR Part 40.

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8. Section 332.210 - Thesitingcriteriainsubpartsb)1),2),3),6),

and 7) are not contained-in 10 CFR Part 40.

9.~ Section 332.250 a)-Suchabanofreleaseofliquidsisnotin NRC's regulations.

10. Section 332.290 e) - No annual financial report is' required by NRC.

Reference:

32-111. Adm. Code Part 332.

C. Organizational Relationships Within the State

33. Organizational relationships should be established which will provide for an effective regulatory program for uranium m131s and mill tailings. Charts should be developed which show the management organization and lines of authority. These charts should define the specific lines of supervision from program management within the radiation control group and any other department within the State

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responsible for contributing to the regulation of' source material processing and disposal of the resulting tailings. When other State agencies or regional offices are utilized, the lines of communication and administrative control between other agencies and/or regions and the program director should be clearly drawn.

1 Organizational charts outlining the IDNS structure have been included in the application.

From these organizational charts, it ha's' been determined.that the IDNS has a structure capable of regulating all phases of source material milling activities including the preparation of environmental assessments.

This conclusion is based on the~following findings: (1) The Office of Radiation Safety has been designated as the lead office within IDNS for regulating uranium and thorium processing and the resulting 11e.(2) byproduct material; and (2) the administrative, technical, legal and emergency support functions will be provided from other offices within IDNS, i.e., Office of Legal Counsel, Office of Environmental Safety, Office of Nuclear Facility Safety, and Office of Administrative Services.

Internal responsibilities have been described by the IDNS to be as follows: (1) overall program management will be implemented by the Director; (2) the Office of Radiation Safety is responsible for the licensing of radioactive materials and will be the lead office for processing all license applications and preparation of environmental assessments; (3) the Office of Environmental Safety is to assist in the evaluation of environmental impacts and to provide support for all

20 laboratory analysis and environmental monitoring; (4) the Office of Nuclear Facility Safety will assist in the evaluation of potential radiologicalaccidents;(5)theOfficeofLegalCounselwillprovide assistanceinalllegalmatters;and(6)theOfficeofAdministrative Services will assist in budgeting and personnel management.

IDNS has further stated that for those areas of environmental assessments that IDNS believes consultation to be appropriate,'other State agencies or i

privateconsultantswillbecontractedtohelpintheenvironmental assessment.

IDNS has indicated that assistance from the Illinois Department of Energy and Natural Resources and the State Water Survey L

I Division may be sought for hydrologic assessments. NRC staff notes that the IDNS did not provide any formal agreements, such as MOUs with.any of l

these other organizations that, if put in place, would assure their availability in a timely manner.

However, IDNS has previously executed contracts with other State agencies. As an example, IDNS has executed an MOU with the Illinois Environmental Protection Agency regarding the l

disposal of water treatment wastes. Although the program statement did not specifically identify the source or amount of funds, it did state that IDNS will provide for funding if consultants are deemed necessary and the Office of Administrative Services will assist in contract preparation and fiscal management. For those situations where L

consultants are used, IDNS stated that they will seek assistance from l

their legal counsel to avoid conflicts of interest.

IDNS has not

- provided any specific information about the budget or proposed budget for the portion of the radiation control program allocated to the regulation of uranium and thorium mills and 11e.(2) byproduct material. However,

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i the IDNS has committed to the allocation of sufficient staff time to handle the uranium and thorium mills and 11e.(2) byproduct material currently in the State.

The program statement reveals that IDNS has not identified any specific medical consultants that would be available for medical questions that may be encountered with the uranium or thorium milling industry and its 11e.(2) byproduct material. The program statement states"that, should medical assistance be needed, IDNS will seek assistance from a national laboratory such as Argonne. National Laboratory. Such assistance has been L

requested and provided in the past.

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L Experience has shown that a scoping document is a valuable tool for bringing an environmental assessment to a satisfactory conclusion.

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indicated that if assistance is requested through contracts or MOUs adequate guidance such as a scoping docunent will be prepared by the IDNS. This dccument will delineate areas and scope of work to be c

performed within a given time constraint by each participating agency or l

contractor.

Reference:

Illinois Program Statement,Section III.

D. Personnel

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22 34' Personnel needed in the processing of the license application can be identified or grouped'according to the following skills: Technical, j

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Administrative, and Support.

In order to meet the requirements of UMTRCA, it is estimated that on the order of 2 to 2.75 total professional person-years' effort is necessary

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to process and evaluate a new conventional mill license, in-situ license, l

or major license renewal. A complete review of in-plant' safety, completion of an environmental assessment, and use of consultants in i

these assessments are primary considerations in the total professional effort for each licensing case. With respect to clerical support, one secretary is usually required to process two conventional milling applications.

Legal support is also an essential element of the mill program, and the effort is believed to be a minimum of one-half staff year.

In addition, consideration must be given to such post-licensing activities as issuance of minor amendments, mill inspection, and environmental monitoring. - Professional staff effort for these activities is_ estimated at 0.5 to 1.0 person-years for each year of post-licensing activities.

Currently there are no active uranium or thorium mills processing ore for its source material content in the State of Illinois. However, as identified in the introduction, one facility located at West Chicago has been identified as a closed facility which has associated with it radiologically contaminated material on and offsite. As stated earlier, the radiologically contaminated material in and along Kress Creek and the

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West Branch of the DuPage River is 11e.(2) byproduct material in addition

.to the material on the West Chicago site. This material would come under q

l the regulatory authority of the IDNS upon consummation of Illinois I

request for an amended agreement. The regulatory activities assumed by r

the IDNS upon execution of the amended agreement would center neinly L'

l around decommissioning and reclamation of the West Chicago site and its associated wastes.

In the application for amendment of the agreement as updated March 14, i

1990, the IDNS had _ identified 11 key technical personnel for use in regulating uranium and thorium processing facilities and their associated 11e.(2) byproduct material. A review of these staff resumes shows that they have the necessary education, training, and experience to ensure effective implementation of a regulatory program.

t Seven key administrative personnel have been identified by the IDNS who will provide the necessary management guidance and policy direction necessary to assure completion of the licensing action. The positions of the seven personnel in the IDNS structure are the director, four office managers, one assistant office manager, and one division chief.

3 Four key persons have been identified as providing operational support, legal support, and laboratory services. The positions of these four people are one chief legal. counsel, one senior staff attorney, one section chief of radioecology, and one division chief of radiochemistry.

24 The NRC staff has concluded that the total professional staff-years effort which is available within the IDNS and will be directly responsible for regulating uranium and thorium mills and 11e.(2) hyproduct material is within the guidelines and consists of the necessary specialities for evaluating license applications. Additionally, IDNS has

. stated that consultants will be utilized, if necessary.

Abridged versions of the curricula vitae for key IDNS perionnel involved L

in the-regulation of source material milling facilities and 11e.(2) 1 byproduct material are as follows (as updated by IDNS on March 14,1990):

Administrative Personnel:

T.L. Lash, Ph.D. - Director, IDNS; Ph.D. Molecular Biophysics and Biochemistry, Yale University; M.Ph. Molecular Biophysics and Biochemistry, Yale University; B. A. Physics, Reed College. Work Experience, 1970 to present, held positions as Postdoctoral Fellow, Yale University; Staff Scientist, NRDC; Director, Science and Public Policy, the Keystone Center; Science Director, Scientists' Institute for Public Information; Deputy Director, IDNS; and Director, IDNS.

P.D. Eastvold - Manager, Office of Radiation Safety; B.S. General Science / Nuclear Medical Technology, University of Iowa. Work Experience, 1970 to present, held positions in the Radiation Protection Office, University of Iowa; Illinois Department of Public Health; and as Manager, Office of Radiation Safety, IDNS.

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l 25 G.W. Kerr, CHP - Assistant Office Manager, Office of Radiation Safety; M.A. Economics, Trinity College; B.A. Biology, Peru State College. Work Experience, 1956 to present, held positions as Senior Industrial Hygienist, Pratt and Whitney Aircraf t; Technical staff positions, Atomic '

Energy Commission; Manager and Assistant Director for. State Agreements, USNRC; Director, Office of State Programs, USNRC; Independent Consultant; and Assistant Office Manager, Office of Radiation Safety, IDNS.

~

C.W.. Miller, Ph.D. - Manager, Office of Environmental Safety; Ph.D.

Bionucleonics/ Health Physics, Purdue University; M.S. Meteorology, University of Michigan; B.S. Physics / Math, Ball Sate University. Work Experience, 1967 to present, held positions in Anderson College in Physics; Health and Safety Research Division, Oak Ridge National Laboratory; and as Nuclear Safety Scientist, Office of Nuclear Facility l

Safety;~ and Manager, Office of Environmental Safety, IDNS.

R.R. Wright - Manager, Office of Nuclear Facility Safety; Master of Public Administration, American University; B.S. Engineering, U.S. Naval l-Acaderrty; Undergraduate Studies, Geology, Oklahoma University. Work Experience,1954 to present, held positions in U.S. Navy, Nuclear l

Propulsion plants, Nuclear Submarines and Nuclear Weapons; Advance 1

L Science and Technology Associates Inc.; and as Manager, Office of Nuclear If Facility Safety, IDNS.

l l

D.A. Joswiak - Manager, Office of Administrative Services; M.S. Business

- Public Management, University of Wisconsin; M. A. Public Policy and

4 (1_

26-i Administration, University of Wisconsin; B.A. Political Science and Economics. University of Wisconsin. Work Experience,1973 to present, held positions as Research Assistant, Public Expenditure Survey of

-Wisconsin, Inc.; Budget Analyst and Management Systems Specialist, Illinois Department of Transportation; Chief Fiscal Officer, Illinois Department of Financial Institutions; Associate Director for Administration, Illinois. Emergency Services and Disaster Agency; and

~

Manager, Office of Administrative Services, IDNS.

S.C. Collins - Chief, Division of Radioactive Materials; M.S. Radiation Science-(health physics), University of Arkansas School of Medical Sciences; B.A. Mathematics / Chemistry, Arkansas _ Tech University. Work Experience,1967. to present, held positions as laboratory. assistant and instructor, Arkansas Tech University; Health Physicist II, Arkansas State Department of Health; Nuclear Medical Science Officer, U.S. Arny Reserve; Public Health Physicist II, Florida Division of Health; Radiation Specialist IV, Louisiana Nuclear Energy Division; Environmental Program Manager, Louisiana Nuclear Energy Division; Nuclear Medical Science Instructor, U.S. Arnty Academy of Health Sciences; Radiation Protection Program Manager, Louisiana Nuclear Energy Division; and Chief, Division of Radioactive Materials, IDNS.

p Administrative Support Personnel:

i S.J. England - Chief Legal Counsel, Office of Legal Counsel; J.D. Boston University School of Law; B. A. University of Illinois. Work Experience, L

~

a i 4 e El a

1976-to present, held positions in City of Joliet, Illinois; Illinois Attorney General's office; Illinois Department of Transportation; and as Chief Legal Counsel, Office of Legal Counsel, IDNS..

B.P. Salus - Senior Staff Attorney, Office of Legal Counsel; J.D.

. Washington University School of Law; B.S. Vanderbilt University. Work Experience,~1984 to present, held positions as Research Assistant, Washington University School of Law; Law Clerk to Chief Judge, U.S.

District Court; and Staff Attorney, Office of Legal Counsel, IDNS.

i R. A. Allen - Office of Environmental Safety; B. A. Biological Sciences, Rutgers University. Work experience, 1976 to present, held positions as Health Physicist and R.S.O., Roche Medi+ Physics; Environmental Protection Group' Leader Fermi National Accelerator Laboratory; and Radioecology Section Head, Office of Environmental Safety, IDNS.

Lih-Ching Chu, Ph.D. - Chief, Division of Radiochemistry Laboratories,=

Office of Environmental Safety; Ph.D. Chemistry, Washington University; M.A. Chemistry, Washington University; M.S. Chemistry, East Texas State

. University; B.S. Chemistry, Tankang College of Arts and Sciences. Work Experience,1971 to present, held positions in Taiwan Military, ROC; Young-Ho Middle School,' Taiwan; East Texas State University; Washington University, St. Louis; Illinois Department of Energy and Natural Resources; and as Chief, Division of Radiochemistry Laboratories, Office of Environmental Safety, IDNS.

l

(

28 i

~

Technical Personnel:

J.G. Klinger - Head, Licensing Section, IDNS; M.S. Health Care Management and Public Administration, Southwest Texas State University; B.A.

Microbiology and Chemistry, University of Texas; A. A.- Glendale Community College. Work Experience,1966 to present, held positions in U.S. Marine Corps and U.S. Naval Reserve Medical Service Corps; Algebra Tutor, Glendale; Laboratory Assistant, University of Texas; Foofand Drug Inspector, Texas Department of Health; Regional Food and Drug Supervisor, Texas Department of Health; Chief of Food Control, Division of Food and Drugs, Texas Department of Health; Special Assistant to the Commissioner for Board of Health Affairs, Texas Department of Health; Administrator, Licensing Branch, Bureau of Radiation Control, Texas Department of

- Health; and Head, Licensing Section, IDNS.

D.F.~ Harmon - Licensing, Office of Radiation Safety, IDNS; M.S. Physics, Vanderbilt University; B.S. Physics, Tennessee Technological University.

1 L

Work Experience, 1954 to present, held positions in Military Service, U.S. Army; Ballistics Research Laboratory, Aberdeen Proving Ground, I

Maryland and Camp Mercury, Nevada Test Site; Chemistry Department,

'Vanderbilt University; Radiation Safety Branch, Division of Licensing and Regulations, U.S. NRC; Source and Special Nuclear Materials Branch, L

L Division of Materials Licensing, U.S. NRC; Materials Branch, Division of Materials Licensing, U.S. NRC; Fuels and Materials Standards Branch, Directorate of Regulatory Standards, U.S. NRC; Fuels Process System Standards Branch, Office of Standards Development, U.S. NRC; Waste l

i t

a

.)

29 Management Branch, Office of Nuclear Regulatory Research, U.S. NRC; Health Effects Branch, Office of Nuclear. Regulatory Research, U.S. NRC; and Licensing, Office of Radiation Saf ety, IDNS.

M.H. Momeni, Ph.D. - Office of Radiation Safety, IDNS; Ph.D., Biophysics /

Radiation Biology, University of Iowa; M.S. Nuclear Physics, University of Iowa; B. A. Physics / Mathematics, Luther College. Work Experience,1962

'~

to present, held positions as Science Teacher, Urbana Consolidated L

Schools; Biophysicist-Lecturer, University of California, Davis; Senior Scientist, Argonne National Laboratory; Professor and Director of Health Physics Program, San Diego State University; Scientist, Oak Ridge Associated Universities; and Health Physicists, Office of Radiation l

Safety, IDNS.

L o

D.J. Scherer - Licensing, Office of Radiation Safety; M.S. Physics, Virginia Polytechnic Institute and State University; B.S. Physics, Virginia Military Institute. Work Experience,1980 to present, held positions as Graduate Teaching Assistant, VPISU; Graduate Research 1j Assistant, Stanford Linear Accelerator Center; Nuclear Medical Science Officer, U.S. Environmental Hygiene Agency; Medical Plans Officer, Officer of the Surgeon, XVIII Airborne Corps; Chief Health Physics l

Section, Wombach Army Community Hospital; Assistant Health Physicist, Princeton University; Senior Health Physicist and Radiation Safety Officer, Albany Medical Center; and Health Physicist, Office of Radiation Safety, IDNS.

1

[

y 30

'.1 D. A. Huckaba, P.E. - Office of Radiation Safety; B.S. Civi1~ Engineering,

~ University of Missouri. Work Experience,1969 to present, held positions as Highway Engineer, Missouri Department of Transportation; Chief Highway Engineer, MTA, Inc.; and Engineer, Office of Radiation Safety, IDNS.

j'.

G.N. Wright, P.E. - Office of Nuclear Facility Safety; Degree Work in Public Administration, Sangamon State University; M.S. Nuclear Engineering, Universit', of Illinois; B.S. Physics /Mathema~ tics, Milliken Universi ty. Work experience,1965 to present, held positions in'

' Westinghouse Electric Company; Sangamo-Weston Electronics Company; j

Illinois Department of Public Health; and as Senior Nuclear Engineer, i

Office of Nuclear Facility Safety, IDNS.

I D.D. Ed - Office of Environmental Safety; B.S. Chemistry, University of Illinois. Work experience, 1972 to present, held positions in Illinois Environmental Protection Agency; Illinois Department of Public Health; and as Nuclear Safety Scientist, Office of Environmental Safety, IDNS.

. i l

T.A..Kerr - Chief, Division of Low-Level Waste Management Office cf o

i

. Environmental Safety; Business Administration, University of North L

Carolina. Work Experience 1973 to present, held positions in U.S. Navy,

' l l

Electronics Technician / Reactor operator; Supervisor Solidification i

Services Chem-Nuclear Systems, Inc.; Associate Instructor, Duke Power Co.; and as Chief, Division of Low-sevel Waste Management, IDNS.

l 4

l 4-s.

.- -. m---

w we

-rw

/

31 M.E. Klebe, P.E. - Office of Environmental Safety; M.S. Mining Engineering, Montana College of Mineral Science and Technology; B.S.

~

Mining Engineering, Montana College of Mineral Science and Technology.

Wbrk Experience,1982 to present, held positions as Mining Engineer, Shell Mining Co; and Nuclear Safety Engineer, Office of Environmental Safety, IDNS~.

C.G. Vinson - Office of Radiation Safety; B.S. Biology, F"urman University. Work Experience,1983 to present, held positions as Industrial Hygiene Technician, J.P. Stevens Textile Company; Environmental; Engineering Specialist, Union Camp Corporation; Health Physicist and Section Manager, Bureau of Radiological Health, South Carolina Department of Health and Environmental Control; and Health Physicist, Office'of Radiation Safety, IDNS.

M. Walle - Office of Radiation Safety; B.S.-Earth Sciences, University of New Orleans; ARRT, Mercy Hospital School of X-Ray Technology. Work Experience,1965 to present, held positions as Radiological Technologist, Mercy Hospital; Nuclear Medicine Technologist, Pathology Medical Services, PC; Engineering-Geologist, U.S. Army Corps of Engineers; Civil Materials Technician, Geo, International; Civil Construction Inspector, Minority Engineers of Louisiana; Project Manager, Nuclear Gauge Radiation Safety Officer, U.S. Testing Co., Inc.; and Health Physicist, Office of Radiation Safety, IDNS.

1

1 i

32

.!DNS recognizes that'a skilled and experienced staff is essential,to 1

, accomplishing its mission. Consequently, technical training is a high priority _for the IDNS. The-IDNS training coordinator is developing a comprehensive' technical and managerial training program, using a wide variety of professional seminars and courses. Courses may be sponsored by either government or private sector organizations.

In addition,

(

in-house courses-to supplement outside training are arranged as necessary. These in-house courses are presented either by IDNS staff or outside contractors.

The IDNS has stated that for active extraction and concentration i

facilities. It will allocate from 2.5 to 5.75 person-years for each major licensing action.- This time will be apportioned as follows: 2 to 2.75 staff years effort for technical and administrative activities; 0.5 to 1 staff year effort for legal support; and 2 staff years effort for clerical support.

E

' Following initial licensure, IDNS-plans to assign an annual average of l-from 0.5 to 1 full-time equivalent staffing for each license. This allocation is for inspections, environmental assessments, minor amendments and environmental surveillance.

IDNS anticipates that less time might be required to administer a license authorizing only L

l decontamination, decommissioning, disposal, or post-closure monitoring.

This appears to be a reasonable assumption on the part of IDNS.

I

33 l

Many of these key personnel have complementary training to their

]

profession and several have been identified as having training in uranium mill related topics. Some of these individuals have written or published articles on uranium mill topics. The IDNS has stated that it will consult with other State agencies. Two State agencies have been identified by the IDNS at this time as providing the IDNS assistance in reviewing the impact of byproduct material on the environment. They are the Illinois Department of Energy and Natural Resources ind the Illinois Environmental Protection Agency. However, the scope and depth of work to be completed by these agencies has not been identified.

Because there are no indications that any uranium milling facilities are planning to operate in Illinois at this time, and because much environmental assessment work has been completed for the Kerr-McGee site, the lack of MOUs with other State agencies is not considered a matter of paramount importance at this time. The IDNS can pursue this matter at some point in the future upon first indication that such MOUs will be necessary.

{

References:

Illinois Program Statement,Section IV, " Personnel," Section i

VI, " Implementation of the Regulatory Program," and Appendices F. and G.

E. Functions to be Covered

35. The. State should develop procedures for licensing, inspection, preparation of environmental assessments, and operational data review.

e

^

l 34 The IDNS has stated that regulation of recovery and processing of uranium and thorium and management of 11e.(2) byproduct material may be divided into four stages:

licensing, environmental assessments, inspection and enforcement, and review of operational data.

a. Licensing The licensing evaluation or assessment should include tii' plant radiological safety aspects in occupational or restricted areas and environmental impacts to populations in unrestricted areas from the facility.

It it expected that the State will review, evaluate and provide documentation of these evaluations.

L The IDNS has stated in its program statement that the IDNS licensing evaluations or assessments will include radiological safety aspects in occupational or restricted areas and environmental impacts to population in unrestricted areas surrounding the facilities. IDNS has stated that they will review and evaluate license applications and prepare documentation of the evaluations. The IDNS evaluation will include, as necessary, pre-licensing visits to obtain relevant information directly.

Items to be evaluated include, but are not limited to, the following:

general statement of proposed activities; scope of the proposed action; l

specific activities to be conducted; administrative procedures; facility organization and radiological safety responsibilities, authorities, and personnel qualifications; licensee audits and inspections, radiation safety program, control and monitoring; radiation safety training

~

35 programs for workers; restricted area markings and access control; at existing mills, review of monitoring data, exposure records, licensee audit and inspection records, and other records applicable to existing mills; environmental monitoring; radiological emergency procedures; product transportation; tailings management facilities and procedures; site and physical plant decommissioning procedures other than tailings; and employee exposure data and bioassay programs,

b. Environmental Assessments The environmental evaluation should consist of a detailed and documented evaluation of the items listed in subsection 2740 of the Act.

IDNS regulations, Part 332, establish requirements for environmental assessments that define the scope of the assessments and specify associated administrative procedures. Part 332 requires that the following topics be included in the environmental assessment: an analysis of the radiological and nonradiological public health impacts; an analysis of any impact on surface water or groundwater; consideration of alternatives to the licensed activities; and consideration of long-term impacts of licensed activities. The IDNS has stated in their program statement that environnental assessments will consist, at a minimum, of detailed and documented evaluations of the following items: Topography; Geology; Hydrology and water quality; Meteorology; Background radiation; Tailings retention system; Interim stabilization, Reclamation; Site decomissioning programs; Radiological dose assessment which addresses

36 l

source terms, exposure pathways, dose commitment to individuals, dose comitment to the population, evaluation of radiological impacts to the public to include a determination of compliance with State and Federal regulations and comparisons with background values, occupational dose, j

and radiological impact to biota other than man; Radiological monitoring programs to include pre-operational, operational, and post-operational monitoring; Impacts to quality and quantity of surface and groundwateri Environmental effects of accidents; and Evaluation of taMings management alternatives in terms of Illinois Regulations, Part 332.

IDNS has also stated in their program statement that they will also i

examine the following items during preparation of environmental assessments:

Ecology; Environmental effects of site preparation and facility construction; Environmental effects of use and discharge of chemicals and fuels; and Economic and social effects.

Although the IDNS regulations do not explicitly request the licensee to prepare a document called an Environmental Report, the reguletions do require the licensee to provide the information in and to perform the analyses normally done in an Environmental Report.

c. Inspection and Enforcement As a minimum, items which should be covered during the inspection of a i

uranium or thorium mill should be those items evaluated in the in-plant safety review, the environmental monitoring programs, and the byproduct

I 37 material mariagement plan.

In addition, the inspector should perform independent surveys and sampling. A complete inspection should be performed at least once per year.

The IDNS has stated that items examined during inspections will be consistent with items evaluated during licensing.

IDNS will use appropriate NRC regulatory and inspection guides for guidance. A complete inspection is to be performed at least annually.' As part of the IDNS inspection program, the inspectors will perform independent surveys and sampling in addition to examining aspects of licensee performance in:

Administration; Mill processes including any additions, deletions, or operational changes; Accidents / incidents; Notices, instructions, and reports to workers in accordance with 32111. Adm. Code 400; Action taken on previous findings; A tour of the facilities at the mill including tailings and waste management to determine compliance with regulations and license conditions; Records; Respiratory protection and bioassay to determine compliance with license conditions and 32 111. Adm. Code 340; Effluent and environmental monitoring; Training programs; Transportation and shipping; and Internal review and audit by management.

Following each inspection, the inspector will confer with licensee representatives to inform them of the inspection results. The inspectors will submit a comprehensive written report to the Springfield headquarters describing inspection findings and detailing any apparent violations.

The IONS enforcement policy is described as follows. The IDNS states that the purpose of the enforcenent program is to: ensure compliance with

l 38 Departmental regulations and license conditions; obtain prompt correction l

of violations and adverse conditions that may affect safety; deter future violations and occurrences of conditions inimical to safety; and i

encourage improvement of licensee performance, including prompt identification and reporting of potential safety problems.

i The IDNS enforcement procedures have been described as follows.

If IDNS discovers any deficiencies during an inspection IDNS wily send the licensee a written notice itemizing the area (s) of deficiency and will reovire the licensee to submit within 30 days of the date of the notice a written response which will state the corrective steps that have been taken by the licensee and the results achieved; the corrective steps that i

will'be taken; and the date when full compliance will be achieved.

If the licensee fails to provide an adequate response to the written notice, l

the IDNS normally holds a management conference with the licensee prior to taking enforcement action. The purpose of these conferences is to I

l discuss items of deficiency or nonconformance, their significance and l

causes, and the licensee's corrective action.

If compliance cannot be achieved through these informal conferences, IDNS will take more formal i

enforcement action. All non-emergency enforcement actions will be L

initiated by the issuance of a Preliminary Order and Notice of Opportunity for Hearing as afforded by Code 200 of the Illinois' regulations. The Order will itemize the alleged violations and direct the licensee to remedy these violations within a given time unless a hearing is requested within 10 days of the date of the Preliminary Order.

In addition, the licensee may request an informal conference prior to or

~m

,.v.--,

39 during the hearing.

In cases where there is an insninent threat to public health and safety, IDNS has stated it is prepared to take immediate action in accordance with State law. State law provides that, if the IDNS finds that a condition exists which constitutes an insnediate threat to public health due to the violation of any provisions of the Radiation Protection Act or any code, rule, regulation or order promulgated under the Radiation Protection Act and requires immediate action to protect the public health or welfare, IDNS may issue an order reciting' the existence of such an immediate threat and the findings of the IDNS pertaining to the threat. The IDNS may summarily cause the abatement of such violation or may direct the Attorney General to obtain an injunction against such violator. An abatement order will be effective insnediately, but will include notice of the time and place of a public hearing before the IDNS to be held within 30 days of the date of such order to assure the justification of such order. The IDNS has exercised this authority on two occasions since becoming an Agreement State. The first was in response to widespread facility contamination from leaking static eliminators, and the second was to remediate a health and safety hazard caused by inadequate radiation safety practices of a licensee.

Other remedial actions available to IDNS include orders to modify, suspend, or revoke licenses, assessment of civil penalties, and impoundment of radiation sources. Also, licenses may be modified, suspended or revoked to remove a threat to public health and safety and the environment and for any reason for which license modification, suspension, or revocation is legally authorized.

i l

40 No order of the IDNS, except an order to abate an immediate threat to health, will take effect until the IDNS has found upon conclusion of such hearing that a condition exists which constitutes a violation of any provision of the Radiation Protection Act or any code, rule or regulation promulgated under the hadiation Protection Act except in the event that the right to public hearing has been waived by the licensee, in which case the order shall take effect immediately.

Follow-up inspections are to be conducted as necessary by IDNS staff to verify compYiance with IDNS rules and enforcement orders and to rule out willful or flagrant violations, repeated poor performance in areas of concern, and serious breakdown in management controls. All previous areas of deficiency will also be given special attention by the inspector during the following routiae inspection of the facility.

As a result of program reviews conducted on December 7-18, 1987 and January 29 through February 9,1990, the NRC staff concluded that the IDNS has an acceptable licensing program which is capable of determining l

whether a licensee or applicant can operate safely and in compliance.with l

the regulations and license conditions.

Likewise, during these program reviews, the NRC staff concluded that the IDNS has an acceptable compliance program which assures that licensee activities are being 1

conducted in cornpliance with regulatory requirements and consistent with good safety practices.

d. Operational Data Review

-~-

m 4,_,-,

4

,e

41 i

To enhance radiological assessment capability and to confirm doses to i

receptors in unrestricted areas. States should require the semiannual reports, preferably within 60 days after January 1, and July 1, of each year, specifying the quantity of each of the principal radionuclides j

released to unrestricted areas in liquid and in gaseous effluents during the previous six months of operation. This data shall be reported in a manner that will permit the regulatory agency to confirm the potential l

annual radiation doses to the public. Additionally, all data from the radiological and non-radiological environmental monitoring program will also be submitted for the same time periods and frequency.

The data will I

be reported in a manner that will allow the regulatory agency to confirm the dose to receptors.

IDNS has stated that according to 32111. Adm. Code 332, IDNS will require licensees to submit written reports at least semiannually that l

identify quantities of radionuclides released to unrestricted areas in liquid, gaseous, and particulate effluents during specified periods of operation.

IDNS will also require submission of data from licensee i

environmental monitoring programs. Written reports and data must be for identical periods and frequencies and in a form permitting conifmation of potential annual radiation doses to the public.

Section 332.290f of 32 Ill. Adm. Code 332 requires semiannual reports to be filed within 60 days after January 1 and July 1 of each year covering the previous six months.

I

i 42

\\

References:

Illinois. Program Statement,Section VI, ' Implementation of the Regulatory Program" and 32 Ill. Adm. Code Parts 200, 332, and 340.

)

F.

Instrumentation l

t

36. The State should have available both field and laboratory instrumentation sufficient to ensure the licensee's control of materials and to validate the licensee's measurements.

t l

IDNS has available an extensive inventory of field and laboratory instrumentation for radiation detection and measurement. A fully equipped radiochemistry facility has been established for performing radiochemical analysis of radioactive samples. Additionally, the IDNS i

has a well equipped mobile field. laboratory which can be used for routine

' sample analysis while in a standby mode for emergency response.

IDNS has also reported that they have twenty-two portable instrumentation kits available for use. Appendix H to the program statement provides an overview of the laboratory and instrument capabilities and lists the instrumentation available to the State.

IDNS has participated in a cross-comparison study on analysis of radionuclides in drinking water. The study has been completed and IDNS is expecting certification at time of this analysis.

Although IDNS did not provide any infonnation on Equipment Calibration procedures, the program reviews conducted December 7-19, 1987 and January l

.~

1 1

i 29 through February 9,1990 found that the State had adequate instrumentation'for surveying licensee operations and satisfied the

]

requirements for calibrating its radiation detection equipment.

References:

Illinois Progran Statement,Section V, " Instrumentation,"

and Appendix H.

III. Staff Conclusion

~~

Section 274d of the Atomic Energy Act of 1954, as amended, states:

"The Commission shall enter into an agreement under subsection b of this section with any State if -

i (1)TheGovernoroftheStatecertifiesthattheStatehasa program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such materials; and (2) the Commission finds that the State program is in accordance with the requirements cf subsection o, and in all other respects compatible with the Commission's program for the regulation of such materials, and that the State program is adequate to protect the public health and safety with respect to the materials covered by the proposed agreement."

-,,,,-,,e

l

[.

r i

The amendment to the State of Illinois agreement is for source material milling activities including the resulting 11e.(2) byproduct material to which section 2740 of the Act applies. Section 2740 provides that the State may adopt standards for the protection of the public health, safety, and the environment from hazards associated with such material which are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the Commission for the same purpose.

The staff has identified some sections of the State's regulations that are considered to be more stringent than NRC's regulations. The NRC staff has concluded that the program of the State of Illinois is in accordance with the requirements of section 2740 of the Act and meets the NRC criteria for an amered agreement. The State's statutes, regulations, personnel, and licensing, inspection, and administrative procedures are compatible with, or more stringent then, those of the Consission and are adequate to protect the public health and safety with respect to the materials covered by the proposed amendment to the Agreement.

Dated at Rockville, Maryland, this d day of d 1990.

FortheU.j.NuclearRegulatoryCommission

[f90 7b i,,AJQ fned Comas, Acb'oj Directori State programs Of fice of Governmental and public Affairs

i 45 I

l

' Appendix A - Proposed Amendment Number One to the Agreement Between the l

United States Nuclear Regulatory Comission and the State of Illinois for Discontinuance of Certain Comission Regulatory Authority and Responsibility Within the State Pursuant to Section 274 of the Atomic

{

t Energy Act of 1954, as Amended WHEREAS, the United States Nuclear Regulatory Comission (hereinafter referred to as the Comission) is authorized under Section P74 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Comission within the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1) and (2) of the Act, source materials, and special nuclear materials in quantities' not sufficient to form a critical mass; and, l:

WHEREAS, the Governor of the State of Illinois is authorized under Illinois Revised Statutes,1987, ch. Illi, par. 216b and ch. Illi; par.

241-19 to enter into this Agreement with the Comission; and, L

WHEREAS, on June 1, 1987, an Agreement between the Commission and the L

State of Illinois became effective which transferred regulatory authority over byproduct material as dcfined in Section 11.e(l) of the Act, source materials, special nuclect materials in quantities not sufficient to form a critical mass, and the land disposal of source, byproduct, and special nuclear material received from other persons; and,

-=

t 46 i

WHEREAS, Article III of that Agreement provides that the Agreement may l

be amended, upon application by the State and approval by the Comission, i

to include the extraction or concentration of source material from source material ore and the management and disposal of the resulting byproduct j

material; and, t

WHEREAS, Governor of the State of Illinois certified on that the State of Illinois (hereinaf ter referred to as the State) has a program for the control of radiation. hazards adequate to protect the public health and safety with respect to the extraction or concentration of source material from source material ore and the management and l

disposal of the resulting byproduct material, and that the State desires

~

to assume regulatory responsibility for such materials; and, l

WHEREAS, the Commission found on that the program of the 6

State for the regulation of the extraction or concentration of source material from source material ore and the management and disposal of the resulting byproduct material is compatible with the Commission's program for the regulation of such materials and is adequate to protect the public health and safety; and, WHEREAS, the State and the Commission recognize the desirability and

'importance of cooperation between the Comission and the State in the formulation of standards for protection against hazards of radiation and in assuring that State and Commission programs for protection against hazards of radiation will be coordinated and compatible; and,

4 47 WHEREAS, the Comission and the State recognize the desirability of reciprocal recognition of licenses and exemptions from licensing of those materials subject to Amendment Number One to the Agreement; and, WHEREAS, Amendment Number One to the Agreement is entered into pursuant l

to the provisions of the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, IT IS HEREBY AGREED between the Comission and the Governor of the State, acting in behalf of the State, as follows:

i 1)

Article 1 of the Agreement is hereby amended to expand the scope of P

the Agreement to include the extraction or concentration of source material from any ore processed primarily for its source material i

content and the management and disposal of the resulting byproduct l

material as defined in Section 11e.(2) of the Act. As amended, Article I now reads as follows:

l l

L l

l ARTICLE I 1

L Subject to the exceptions provided in Articles !!, IV and V, the l

l Comission shall discontinue, as of the effective date of this l

Agreement, the regulatory authority of the Comission in the State under Chapters 6, 7, and 8, and Section 161 of the Act with respet.t to the following:

L l

i 48 A.

Byproduct material as defined in Section 11e.(1) of the Act; I

l B.

Source materials; f

i l

C.

Special nuclear materials in quantities not sufficient to fom a critical mass; and, D.

The land dispusal of source, byproduct, and special nuclear material received from other persons, i

Pursuant to Article Ill, and subject to the exceptions provided in Articles 11, IV and V, the Commission shall discontinue, as of the effective date of this Amendment Number One to this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to the following:

E.

The extraction or concentration of source material from any ore processed primarily for its source material content and the management and disposal of the resulting byproduct eterial as defined in Section 11e.(2) of the Act.

2)

Article II of the Agreement is hereby amended by inserting "A."

before "This Agreement," by redesignating paragraphs A. through D.

as subparagraphs 1. through 4., by deleting paragraph E., relating to the extraction or concentration of source material from source i

m

-m

49 material ore and the management and disposal of the resulting f

byproduct material, and by adding a new paragraph B., relating to authorities that will be retained by the Comission. As amended, Article !! now reads as follows:

i ARTICLE II i

A.

This Agreement does not provide for discontinuahce of any authority and the Comission shall retain authority and responsibility with respect to regulation of:

1.

The construction and operation of any production or j

i utilization facility; 2.

The export from or import into the United States of l

byproduct, source, or special nuclear material, or of any production or utilization facility; i

3.

The disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined in regulations or orders of the Commission; and, t

4.

.The disposal of such other byproduct, source, or special nuclear material as the Comission from time to tirne determines by regulation or order should, because of the 4

i 50 I

hazards or potential hazards thereof, not be so disposed i

I of without a license from the Comission.

B.

Notwithstanding this Agreement, the Comission retains the i

following authorities pertaining to byproduct materials as defined in Section lle.(2) of the Atomic Energy Act:

1.

Prior to the termination of a State license for such byproduct material, or for any activity that results in i

the production of such material, the Comission shall have made a determination that all applicable standards ard i

requirements pertaining to such material have been met.

2.

The Comission reserves the authority to establish minimum standards governing reclamation, long-term surveillance, and ownership of such byproduct material and of land used as a disposal site for such material. Such reserved authority includes:

a.

The authority to establish terms and conditions as the Comission determines necessary to assure that, prior to termination of any license for such byproduct material, or for any activity that results in the production of such material, the licensee shall comply with decontamination, decomissioning, and reclamation standards prescribed by the L

i 51 i

Comission; and with ownership requirements for such i

materials and its disposal site; b.

The authority to require that prior to termination of any license for such byproduct material or for a.iy activity that results in the production of such material, title to such byproduct material and its disposal site be transferred to the United States or the State at the option of the State (provided such i

option is exercised prior to termination of the license);

a c.

The authority to permit use of the surface or subsurface estates, or both, of the land transferred to the United States or the State pursuant to paragraph 2.b. of this section in a manner consistent' t

with the provisions of the Uranium Mill Tailings Radiation Control Act of 1978, provided that the Commission determines that such use would not endanger the public health, safety, welfare, or the environment; d.

The authority to require, in the case of a license for any activity that produces such byproduct material (whichlicensewasineffectonNovember8, 1981), transfer of land and material pursuant to

l p,

S2 paragraph 2.b. of this section taking into i

consideration the status of such material and land i

i and interests therein, and the ability of the licensee to transfer title and custody thereof to the j

United States or a State; i

e.

The authority to require the Secretary of the Department of Energy, other Federal agency, or State, whichever has custody of such byproduct material and 1

its disposal site, to undertake such monitoring, maintenance, and emergency measures as are necessary to protect the public health and safety, and other actions as the Commission deems necessary; and, f.

The authority to enter into arrangements as may be appropriate to assure Federal long-term surveillance of such disposal sites on land held in trust by the United States for any Indian tribe or land owned by an Indian tribe and subject to a restriction against alienation imposed by the United States.

3)

Article IX of the Agreement is hereby amended by redesignating it Article X and by inserting a new Article IX. As amended, Articles IX and X now read as follows:

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53 L

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L ARTICLE IX

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In the licensing and regulation of byproduct material as defined in Section 11e.(2) of the Act, or of any activity which results in the production of such material, the State shall comply with the provisions of Section 2740 of the Act.

If, in such licensing and regulation, the State requires financial surety arrangenents for the l

reclamation or long-term surveillance of such material, t

A.

The total amount of funds the State collects for such purposes shall be transferred to the United States if custody of such material and its disposal site is transferred to the United States upon termination of the State license for such material l

or any activity which results in the production of such material.

Such funds include, but are not limited to, sums l

collected for long-term surveillance or maintenance. Such funds do not, however, include monies held as surety where no default has occurred and the reclamation or other bonded i

activity has been performed; and, B.

Such State surety or other financial requirements must be sufficient to ensure compliance with those standards established by the Commission pertaining to bonds, sureties, and financial arrangements to ensure adequate reclamation and long-term surveillance of such byproduct material and its disposal site.

54 ARTICLE X This Agreement shall become effective on June 1, 1987, and shall remain in effect unless and until such time as it is terminated pursuant to Article Vill.

4)

The Agreenent effective June 1,1987 remains in effect except as nodified by amendments contained in Paragraphs 1), 2), and 3) of this Anendment Number One.

5)

This Amendment Number One to the June 1,1987 Agreement shall become effective on

, and shall remain in effect unless and until such time as it is terminated pursuant to Article Vill.

Done at Rockville, Maryland, in triplicate, this day of For the United States Nuclear Regulatory Commission.

i Chairman 1

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55 Done at Springfield, Illinois, in triplicate, this day of For the State of Illinois Governor i

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f ILLIN0IS REGULATORY PROGRAM i

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ATTACHMENT 2

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STATE or ILuNOIS Orrios or Tux GovEnxon SPRINOFIELO 6e706 Jaut S h. Te40MP&Osd April 11, 1989 The Honorable Lando W. Zech, Jr.

Chairman U.S. Nuclear Regulatory Commission Washington, D.C.

20555

Dear Mr. Chairman:

By this letter I request an amendment to the existing Agreement between the U.S. Nuclear Regulatory Commission (NRC) and the State of Illinois. The existing Agreement -entered into pursuant to Section 274b of the Atomic Energy Act of 1954, as amended, became effective on June 1, 1987. Under that Agreement, NRC relinquished and the State of Illinois assumed re ulatory authority of (1) byproduct material as defined in Section 11e.(1 of the AtomicEnergyActof1954;(2)sourcematerials;(3)specialnucearmaterials

.inquantitiesnotsufficienttoformacriticalmass;and(4)landdisposalof source. byproduct and special nuclear material received from other persons.

Illinois is requesting that the scope of the current Agreement be expanded to include the transfer to the State of Illinois of regulatory responsibilities e

over extraction or concentration of source material from source material ore an'dbyproductmaterialasdefinedinSection11e.(2)oftheAtomicEnergyAct of 1954, as amended.

I certify that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by this proposed amendment and that the State desires to assume regulatory responsibility for such materials. In support of this proposal. I am submitting detailed information describing the State's radiation control program and radiation control regulations applicable to the radioactive materials included in this proposed amendment.

Sincerely, j

W l

sR Thompson GOVERNOR

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