ML20141G939

Forwards,For Review,Recently Adopted State of Il Pollution Control Board Regulations Establishing Stds for Protection Against Radiological Air Pollutants

ML20141G939
Person / Time
Issue date:	11/21/1985
From:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Cunningham G, Kerr G NRC OFFICE OF STATE PROGRAMS (OSP), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
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References
NUDOCS 8604240029
Download: ML20141G939 (42)

Text

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November 21, 1985 -

., }.44uuse t MEMORANDUM FOR: Guy H. Cunningham, Executive Legal Director, 9ffice of the Executive Legal Director yWayneKerr, Director,OfficeofStatePrograms FROM: James G. Keppler, Regional Administrator, Region III

SUBJECT:

RECENTLY AD0PTED ILLIN0IS POLLUTION CONTROL BOARD REGULATIONS ESTABLISHING STANDARDS FOR PROTECTION AGAINST RADIOLOGICAL AIR POLLUTANTS Encloseu for your information and review are regulations recently adopted by the Illinois Pollution Controlloard. The regulations establish standards for prstection of the environment and the public against radiological air pollutants associated with NRC licensed activities and purportedly are identical to NRC requirements. The regulations also require NRC licensees and applicants to submit to the Illinois Department of Nuclear Safety copies of certain documents submitted to the NRC.

While the regulations appear to have been written in a manner to avoid preemption problems, I would appreciate it if ELD would review the. regulations (

and advise me whether this is in fact the case.

,9p S James G. Kepp @ J %

Regional Administrator

Enclosure:

As stated cc w/ enclosure:

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4-ILLINOIS POLLUTION CONTROL BOARD October 24, 1985

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IN THE MATTER OF: )

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R82-2 PRIO.7?iY P!"!P:G TITLE 35: ENVIRONMENTAL PROTECTION .)

SUBTITLE I: ATOMIC RADIATION CHAPTER I: POLLUTION CONTROL BOARD

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PART 1000: RADIATION HAZARDS )

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Resolution in Response to JCAR Objection. 7fgjg,g RESOLUTION AND ORDER OF THE BOARD (by J.D. Dumelle):

This matter comes before the Board upon a letter dated September 19, 1985, to the Board from the Joint Committee on Administrative Rules (JCAR) informing the Board that JCAR has objected to this rulemaking. This nesolution and Order constitutes the Board's formal refusal to modify the rules in response to that objection pursuant to Section 7.07 of the Administrative Procedure Act (APA). A notice of refusal to modify will be timely filed with the Secretary of State for publication in the Illinois Register.

JCAR's September 19, 1985, letter reads, in pertinent part, as follows:

The Joint Committee objects to Section 1000.403 of the Pollution Control Board's rules entitled " Radiation Bazards"; 35 Ill. Adm. Code 1000, because the Board has failed to include within the referenced section the proper standards, pursuant to section 4.02 of the Illinois Administrative Procedure Act, by which it will exercise its discretionary power.

Section 1000.403 states that "[o]perations covered by this subpart shall be conducted in such a manner as to provide reasonable assurance that" doses do not exceed a specified level and that the total quantity of radioactive material. entering the environment is kept to a certain minimum.

Section 4.02 of the Illinois Administrative Procedure Act (IAPA) (Ill. Rev. Stat. 1983, ch. 127, par. 1004.02) provides that "Each rule which implements a discretionary power to be exercised by an agency shall include the standards by which the agency shall exercise the power. Such standards shall be stated as precisely U%

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!* and clearly as practicable under the conditions, to' j

J inform fully those persons affected."

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! It would appear that the Board could incorporate much i

more of what determines that a " reasonable assurance" has been provided, specifically, the information j obtained from the USNRC. The Board should be able to

inform operators of what they will have to do to meet i their obligation to operate in such a way as to provide a " reasonable assurance" that radiation levels are kept down.

i Therefore, the Joint Committee objects to Section 1000.403 of the Pollution Control Board's rules entitled

" Radiation Hazards"; 35 Ill. Adm. Code 1000, because the Board has failed to include within the referenced section the proper standards, pursuant to Section 4.02 l of the Illinois Administrative Procedure Act, by which

it will exercise its discretionary power.

JCAR believes, based on discussion with DNS, that DNS (and 4

the Board, presumably) will determine whethe r " reasonable assurance" has been provided by analyzing certain information .

provided by the operator "with the help of a manual developed by the USNRC [ United States Nuclear Regulatory Commission)." The Board was, therefore, asked "to include in the rule the i standards, including the manual, and the process used to j determine whether that assurance is reasonable."

j The Board cannot modify the rule as requested by JCAR this

late in the proceeding. The " manual" is not in the record, nor j does the Board have a copy of it. It has not been the subject of j hearings, nor does the Board have any reason to believe that it i contains " standards" or a " process" which would aid the regulated i community in attaining or maintaining compliance with the adopted i rules. Furthermore, under Section 6.02 of the APA, the Board has

. the authority to incorporate by reference " regulations or rules i

of an agency of the United States." Therefore, the Board could

have simply incorporated these rules by reference, thereby

avoiding any controversy over their wording. Yet, because the j Board decided to fully set forth those rules to give better notice to the regulated community of what the requirements are, JCAR has objected to them. In a subsequent rulemaking the Board

can, and has, considered modification of rules to meet JCAR's i objections, but the record in this case demonstrates that the

regulated community has been subject to the same rule on the j federal level for several years, understands it and is in j compliance with it. The Board, therefore, sees no reason to go j through such a procedure when it appears that little or nothing l

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would be gained, and thus refuses to modify the rule based on

- JCAR's objection.

Finally, the Board notes that in JCAR's September' 19, 1985, letter, JCAR indicates that the Board has agreed to delete the phrase " conducted by or for such persons" from section 1000.501(a)(b) which has been renumbered as Section 1000.501(f) and reads as follows:

All persons subject to this Part shall submit to the Department, with respect to any material or facility permitted or licensed by the NRC or for which an NRC permit or license is sought: -

f) All data, records, and reports submitted to the NRC j in connection with determining or predicting radiation levels in air in unrestricted areas or the type or amount of radioactive materials emitted into air conducted by or for such persons.

If the Board were to delete the recommended language, the set of ,

documents which would be required to be sent to DNS would be enlarged to include records, data and reports which were conducted by or for persons other than the person submitting the material to the NRC, thus imposing a larger and more burdensome obligation on the regulated community. Furthermore, the Board finds the language to be sufficiently anderstandable in that "such persons" refers to " persons subject to this Part" in the first paragraph of the section. Thus, while JCAR finds this wording confusing, the Board finds it to be clear and finds JCAR's recommended change to be a substantive alteration of the rule. The Board will, therefore, not make that change.

IT IS SO ORDERED.

Board Member J. Theodore Meyer dissented.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above Resolution and Order was-adopted on the eN1Z day of_ 4 c.Ca t , ~, 1985, by a vote of 4 -/ .

k LI CE.y N 1. w Dorothy M. Gunn, Clerk Illinois Pollution Control Board

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?RIORITY R0 ffrg I ILLINOIS FOLLUTION CONTROL BOARD -

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Ii t I October 24, 1985

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IN THE MATTER OF: )

) Figgaer TITLE 35: ENVIRONMENTAL PROTECTION ) R82-2 SUBTITLE I: ATOMIC RADIATION )

CHAPTER I: POLLUTION CONTROL BOARD )

PART 1000: RADIATION HAZARDS )

ADOPTED RULE. FINAL ORDER.

1

! OPINION AND ORDER OF THE BOARD (by J. D. Dumelle): -

i This matter comes before the Board upon the January 27, 1982, petition to adopt regulations concerning radiation hazards .

filed on behalf of the Department of Nuclear Safety (DNS) by the Attorney General's Office. The DNS submitted a revised proposal on March 5,1982, which codified the proposed rules. Hearings were held to consider the proposal'on May 11, 1982, in Chicago and May 14, 1982, in Springfield. The DNS filed a second revision of the proposed rules on August 26, 1982. The Department of Energy and Natural Resources (DENR) filed its ,

Economic Impact Study (EcIS) on October 28, 1983. Hearings were held to consider that study on January 24, 1984, and February 17, 1984. The comment period closed on March 26, 1984. The Board adopted a Proposed Rule /First Notice Order on January 24, 1985, which was published at 9 Illinois Register 6569 on May 10, 1985. The Board adopted a Proposed Rule /Second Notice Order on 1

July 19, 1985, which included some changes from the first notice order based upon comments during the first notice period. The Joint Committee on Administrative Rules (JCAR) received second notice on August 12, 1985, and considered it at its September 19, 1985, meeting at which time it objected to the rulemaking. The Board has decided to make some changas based on JCAR'S comments and objection, but has refused to make other recommended changes.

The DNS proposal, Subtitle I, Part 1000, would establish standards and limitations governing radiological air pollution from NRC-licensed facilities and materials which substantially

. duplicate portions of current regulations of the United States Nuclear Regulatory Commission (NRC) . (See 10 C.F.R. 20 and 45 l f Fed. Reg. 65521ff, October 3,1980). Under Ill. Rev. Stat. ch.

i 127, par. 63617 the DNS is the executive agency responsible for i enforcing and implementing radiological air pollution regulations promulgated pursuant to Section 25(b) of the Environmental The Board wishes to express its appreciation for the efforts of Lee R. Cunningham who served as hearing officer and draf ted the opinions and orders in this proceeding.

40V 5 885

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! Protectio'n Act (Act). DNS will assure compliance with the

requirements of Subtitle I by means of the monitoring, testing, recordkeeping, and reporting provisions.

While DNS presently regulates non-NRC-licensed materials and facilities under statutes other than the Act, neither DNS nor any ,

i other Illinois agency regulates NRC-licensed materials and I facilities for radiation protection purposes. The effect of proposed Subtitle I is to provide DNS with the authority and the means to protect the public from radiation hazards associated i with the large number of NRC-licensed activities in Illinois. l History of Atomic Radiation Regulations In 1971 the Attorney General's Office submitted a proposal to the Board (R71-9) pursuant to Section 25(a) of the Act to develop radiation protection standards for, nuclear power plants in Illinois which were subject to regulation and licensing by the NRC under the Atomic Energy Act. However, Section 25(a) [now Section 25(b)] was subsequently declared unconstitutional by an Illinois appellate court which found that regulation of the radiation hazards of nuclear power plants was preempted by the Atomic Energy Act. Commonwealth Edison Co. v. Pollution Control l Board, 5 Ill. App.3d 800, 284 N.E.2d 432 (3d Dist. 1972), citing '

Northern States Power Co. v. State of Minnesota, 447 F.2d 1143 (6th Cir. 1971), sum. af f 'd 405 U.S.1035 (1972) .

No further action was taken on R71-9 until the Attorney General moved the Board in 1980 to institute hearings on the Board's powers under Section 25(a) in light of new developments in federal law. The Board docketed the State's motion as R80-1, consolidated R80-1 with R71-9, and, after a motion by l Commonwealth Edison Company to dismiss the consolidated proceedings, considered briefs on the question of the Board's authority to regulate airborne radiation hazards following the federal Clean Air Act Amendments of 1977. In an Opinion and Order of August 7,1980 (39 PCB 307) the Board determined that it had jurisdiction under Section 25(a) to regulate airborna radiation hazards from materials and activities licensed by the NRC. .

R71-9 and R80-1 were, however, dismissed by that same order since the original proposal was nine years old by that time and the Board felt that it was outdated. The petition filed in this matter contains the first subsequent proposal filed which addresses atomic radiation issues.

Board Authority The Board 's authority to promulgate these regulations has again been called into question. In a comment filed on May 14, 1982, Kerr-McGee Chemical Corporation requests the Board to reconsider whether the adoption of the proposed rules is preempted "by the federal government through the regulatory, i 1

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, licensing and enforcement authority of the NRC." (KM Comment, p.

21).

l The Board has considered Kerr-McGee 's arguments, but finds '

in them no reason to depart from the holding or reasoning of its i August 7,1980 Opinion and Order in R71-9, R80-1 consolidated.

The Board notes in this regard that its position has been strongly supported by John-Mark Stensvaag who states, after lengthy analysis, that "the power of individual states to regulate radioactive air emissions from NRC licensed facilities is indisputable." [Stensvaag, " State Regulations of Nuclear Generating Plants Under the Clean Air Act Amendments of 1977," 55 S . Ca l . L . Re v . 511, 536 (March, 1982)].

The Proposal DNS has proposed rules which would regulate radiological air pollutants emitted from NRC regulated facilities. They establish permissible levels of radiation exposure to persons in unrestricted areas (areas in which access is not controlled by the NRC licensee); maximum concentrations of radiological air emissions; record keeping and environmental monitoring requirements; and notification requirements. The provisions are -

very similar to those found in existing federal regulations.

The proposed regulations establish permissible levels of radiation exposure to individuals in unrestricted areas which are the same as current NRC re (10 CFR 20.105): 500 millirems in any one year,gulations 100 millirems in any seven consecutive days, and 2 millirems in any one hour. They also limit annual exposure in unrestricted areas from commercial power reactor operations and nuclear fuel reprocessing to 75 millirems to the thyroid and 25 millirems to the whole body and other organs.

These limitations are identical to U.S. EPA regulation 40 CFR 190.10. Limits on radioactive air emissions to unrestricted 4-7 areas, set forth in Appendix /. of the proposal, are identical to l"yy# ,

the limits in Appendix B of 10 CFR 20.

• The record keeping requirements set forth in the proposal are the same as those in existing NRC regulations. However, the __

I proposal also allows DNS to require reports in addition to those g provided the NRC, and requires all licensees to maintain such gg environmental monitoring equipment as may be required. DNS has I not yet established any such requirements. 2 &g 4ett f,Ib'IG Finally, the proposed rules require NRC licensees to notify DNS "of incidents or conditions arising from the use or possession of [NRC-] licensed materials or f acilities which may ',

have caused or threaten to cause emissions of radiation levels in excess of those allowed" under the proposal. (8/26/82 proposal, l

p. 14). The notification requirement is the same as in existing  !

NRC regulations. l

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~4-Need For The Regulations I The adopted rules are intended to provide a legal basis for .

DNS enforcement authority under the Act. Dr . John W. Coope r , a radiation biologist and Assistant to the Director of DNS, who was previously employed by the NRC, testified regarding the necessity for the proposed rules. He explained that the NRC lacks independent environmental monitoring and, therefore, must rely on licensee data for information about licensee performance. Dr.

Cooper concluded that NRC's limited resources for monitoring and its non-environmental focus result in a limited ability to assess licensee performance and enforce air emission standards.

Dr. Cooper described the DNS program as one which is designed to independently evaluate licensee emissions and radiation levels in unrestricted areas._ The program is heavily oriented toward environmental monitoring and includes primarily equipment designed to measure levels in the environmental area. (5/11 R. 18).*

Dr. Cooper contrasted the NRC's environmental ef fort, which is "primarily involved with auditing licensee performance," to DNS's, which is "primarily involved with direct field measure-ments of licensee performance." (5/11 R. 20 and 5/14 R. 11).

Dr. Cooper stated that "in the area of environmental surveillance

.. . DNS has the higher capacity," with its staff of five health physicists, three nuclear engineers, a radiochemist, a radiation biologist, and an industrial hygienist, most of whom are involved with environmental radiation exposure and environmental measurements. (5/11 R. 20).

Dr. Cooper further testified that independent assessment of licensee environmental performance is valuable in protecting the public from airborne radioactive materials (5/14 R. 1G ) , and tha,t the_maior benefit of the proposed rules in to focus attention on licensee environmental performance rather than on reactor dominn_

ana operacion and to give DNS the nower to make efficient uma of

'ic ^ ^= enaently oDtained =aui ri::tri data. (5/14 R. 22-4 ). Dr. cooper further indicated that if DNS's monitoring teams detected a radiation safety hazard and reported the situation to NRC, NRC would take such report "as information only" and would do an independent assessment before proceeding to any enforcement action. (5/11 R. 25-26).

The testimony of Commonwealth Edison's witnesses corroborated Dr. Cooper's testimony regarding the absence of References to the May 11, 1984, transcript will be cited as (5/11 R. ), the May 14, 1984, transcript will be cited as (5/14 R. ), and the February 17, 1984, transcript will be cited as (2/17 K7 ).

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_3-i' l- independent NRC environmental assessment. John Colden described i

Commonwealth Edison's activities and its reporting to NRC and indicated that there is nearly no independent monitoring by NRC,

! nor does NRC sample air, gases released from the stack, or '

liquids, and it does not perform any remote monitoring of site i releases. (See 5/11 R. 195-208).

i In aus. DNS demonstrated that the adopted roles do not l duplicate the NRC's regulatory efforts but, rather, complement them. As fctmer Board Member Goodman suggested DNS should not i

have to depend on the good will of licensees in order to conduct i

monitoring activities. (5/11 R. 66). Further, neither DNS nor the general public should be obliged to rely on the NRC's limited capacity to enforce compliance with its standards. Because the radiological air pollutants associated with NRC licensees present dangers to public health and safety, licensees should be treated like other air pollution sources in Illinois and be made subject to Board regulation under the Act.

l The NRC regulates and licenses possession and use of certain i

materials and facilities under the Atomic Energy Act: (1) source material (the naturally occurring rsdioactive elements, uranium and thorium, from which nuclear fuel is made), (2) special i

nuclear material (nuclear fuel or fissionable material), (3)

! byproduct material (material produced by fission or irradiated i

during fission, and uranium and thorium mill tailings), (4) production facilities (facilities for producing nuclear fuel),

(5) utilization facilities (facilities which utilize nuclear fuel--i.e., reactor s , both commercial and research) .

! 2092, 2111, 2073, 2131 and 2201).

(42 U.S.C.

Under some circumstances the NRC holds a public adjudicatory hearing in connection with the granting of licenses and permits. On applications for permits to J construct a utilization or production facility, the NRC must hold i

a hearing; on applications for licenses to operate a utilization or production facility and on other license applications, the NRC ,

must hold a hearing only if one is requested. (42 U.S.C.

2239). In either case, a person may be admitted as a party to a hearing only if he can put forward at least one contention which

' the NRC determines to be sufficiently specific and supported.

[10 C.F.R. 2.714 (a ) (b)] . When a final order is entered following the hearing, an appeal may be taken to the Circuit Court of Appeals. (28 U.S.C. 2341).

Under the NRC's procedural rules, one may bring a compicint against a licensee only by requesting the NRC to institute a "show-cause" proceeding (10 C.F.R. 2.202, 2.206), which will not be instituted unless the NRC determines that circumstances so warrant. DNS contends that no court has ever reversed an NRC' decision refusing to institute a show-cause proceeding and that the NRC very rarely grants such proceedings. Further, a complainant before the NRC is entitled to judicial review under the " abuse of discretion" standards as opposed to Illinois '

" manifest weight of the evidence" standard. Thus, the ability of a

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i States or private citizens to enforce federel radiation standards is limited.

Economic Impact Study Commonwealth Edison stated in its March 26, 1984, commenta that:

The proposed regulation is unnecessary. An effective state and federal regulatory scheme already exists which accomplishes all of the objectives of the proposed regulation.

Moreover, the Illinois Department of Energy and Natural Resources ' statutorily mandated s study of the economic impact of R82-2 shows that its cost to the State, the regulated industry and the public would outweigh any benefits it may provide.

Also, near the close of hearings, counsel for Illinois Power stated that he believed this to be "the one regulatory proposal

[he had] ever seen that is unwarranted, on the sole basis of economics." (2/17 R. 169). The DNS, unsurprisingly, disagrees with both of these assessments.

The Economic Impact Study (EcIS), which was filed as Exhibit No. 8 in this proceeding on February 17, 1984, reached the following conclusions:

1. Administrative costs would increase S135,000 annually;

2. Increased litigation and plant shutdowns would cost zero to S3.375 million annually; and

3. Reducing nuclear power plant emissions' by 10% would cost

$130,000 annually but would result in a health benefit

, of S12,600 per year.

The first component of increased administrative costs is

$60,000 per year to the DNS resulting from hiring two additional employees to inspect DNS-monitoring devices, collect samples of air, water, and vegetation, and process reports from NRC licensees. An additional component is equipment costs resulting from installation of radiation monitoring devices around major NRC licensees in the state, considered to be negligible by DNS.

The final component is added management supervision and overhead costs related to the employment of two additional nuclear en ineers, estimated by DNS at S75,000 per year. (EcIS, pp. 37-38 .

During the May 11 and 14,1982 hearings, representatives of Commonwealth Edison and Illinois Power indicated concern about the potential effect of the regulation on the amount of litigation for the companies and on the frequency of shutdown of

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.. -7 their nuclear facilities. The law firm of Martin, Craig, Chester and Sonnenschein investigated and commented on the potential for increased litigation as an appendix to the EcIS. 'The cost estimate appears to be based solely upon the 1982 costs to Commonwealth Edison in connection with a lawsuit concerning its LaSalle County nuclear power plant which totalled 0639,380.

(EcIS, pp. 45-46). While admitting that "the estimate of the costs resulting f. rom increased litigation and frequency of nuclear power plant shutdowns due to R82-2 is difficult to make because of the many uncertainties involved," the authors of the EcIS estimate a range of zero to S1.0 million per year. (EcIS,

p. 49). The authors go on to explain that "the latter estimate reflects a substantial increase in litigation for the industry and was chosen in order to represent an upper bound on the increased litigation expenses. This estimate exceeds the costs associated with the legal action connected with the LaSalle County facility since this previous legal actio'n was only presented for illustrative purposes and consequently does not necessarily represent on upper bound on increased litigation for the nuclear power industry due to R82-2. " (EcIS , pp. 4 9-50.) .

The increase in the average frequency of nuclear power plant shutdowns is estimated to range between zero to 5 days per year based upon the fact that the previously-discussed legal action against the LaSalle County facility resulted in a delay in the start-up of 17 days, which, if such a shutdown is presumed to occur every three years results in an average _ annual increase in shutdowns of approximately 5 days, which, in turn, translates into an increase in costs for the utility industry of S1.725 mil-lion to S2.375 million annually. (EcIS, p. 50).

In considering the costs to the nuclear industry of reducing emissions, the authors of the EcIS conclude that "the range of estimates for the annual costs associated with increased direct litigation costs along with the resulting greater frequency of plant shutdowns is zero to $3.375 million." (EcIS, p. 50).

The authors of the EcIS indicated that:

increases in equipment, personnel, and other costs for nuclear power plant. operators re-sulting from R82-2 would be relatively minor or nonexistent insofar as the utilities 's representatives understood the manner in which R82-2 would be implemented. For example, it was indicated that no changes in equipment or design of Commonwealth Edison's nuclear power plants would result from R82-2. In addition, reporting requirements were not expected to increase since all emission reports currently filed with the NRC are sent to DNS as a courtesy. The major reason for concluding that R82-2 will not result in increases in equipmen t , personnel, and operating expenses

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' is that the R82-2 requirements are very ,

similar to those in NRC regulations, with which the utilities are currently complying.

(EcIS , p. 39 ) .

Despite those findings, the authors of the study proceeded to cal'culate the cost to nuclear power plants to reduce emissions

10 percent, that cost being S130,000 per year. (EcIS, pp. 40-42).

The only potential beneficial effect noted by the authors of i

the study is the public health benefit of reducing emissions 10 l percent. (EcIS, pp. 66-72). The summary of beneficial effects states that there would be a ,very slight reduction in death rate as cancer fatalities are reduced by roughly one every 100 years. This benefit results from a 10 percent reduction in emissions of radiological air pollutants from major NRC, licensees

, in Illinois. The monetary value associated with the reduction in i

death rate was estimated to be S12,600 per year. This estimate

! is based on studies of people 's willingness to pay for measures affecting safety and survival.

DNS takes the position that DENR should have declared "that the economic impact of R82-2 is so difficult to measure that a j

foraal study would not generate useful information, or that the cost of making a formal study outweighs its value in determining

} economic impact." (DNS Memo., 3/26/84, p. 2). Since that did not occur, however, DNS presented testimony demonstrating that "the EcIS has limited usefulness, providing at most a rough guide to some of the economic issues raised by regulation of radiological pollutants . " (Ibid at 2).

DNS' major concern is- that the EcIS does not identify all of the costs and benefits of R82-2 and does not explain its me thodology. DNS states that the EcIS did not address the social and institutional benefits of reduced uncertainty about licensee performance which would result from authorized independent state monitoring and enforcement capability, and it failed to consider the suf fering and sickness associated with nonfatal cancers and the medical and disability costs. DNS also points out that the authors of the EcIS made a number of arbitrary choices of cost and (Ibidbenefit at 4) . estimates which it continually f ailed to acknowledge.

Hore specifically, DNS finds it hard to understand why potential litigation was considered in the economic impact. All Board regulations can lead to litigation and, if industry is fully in compliance with the federal limitations, enforcement actions are necessary.

unlikely; if it is not, enforcement may well be Thus, DNS concludes that litigation costs to industry are directly associated with health and other benefits due to reduced radiation exposure. DNS notes at the February 17, 1984, hearing, that the author is relied on a " sample of one" in determiniqg litigation costs, and the EcIS does not even indicate e

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whether the expenditures are typical of expected expenditures.

The same considerations apply to the analysis of Board ordered shutdowns.

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The Board of $135,000 accepts the uncontested administrative ccst figure as reasonable, other cost figures. As DNS but has serious reservations about the

pointed out, there is nearly no indication in the EcIS whether the costs would more likely be near the low end of the range (zero) or the high end (S3.5 i million).

Furthermore, there is the barest support for the high end figures, ignored.

and several important considerations have been A particular issue was made about enforcement against

" threatened" releases. Section 9(a) of the Act prohibits causing or threatening air pollution; and concern was expressed that any citizen could file a complaint asserting on hypothetical grounds that anwhich occur accident willorresult releasein in airexcess of applicable standards may pollution. (5/11 R. 130-131) .

The Board sees no reason to believe that claims of threatened radiation pollution, whether characterized as a statutory '

violation under Section 9(a) or a prospective common law nuiscnce, will be treated by the Board or the courts any differently than other claims of threatened pollution. The mere hypothetical injunctive relief. possibility of pollution is insufficient to warrant "very definite danger." There must rather be a " definite danger" or

[A11aert Renderin3, Inc. v. Pollution Control 492 Board , 91 Ill. App.3d 153, 46 Ill.Jec. 608, 414 N.E.2d

( 3rd Dis t . 1980); Rocke v. Pollution Control Board, 78 I11. App.3d 476, 33 Ill . Dec . 717, 397 N.E.2d 51 (4th Dist.

1979)]. Fcr a prospective nuisance, an activity will not be j enjoined unless it t

nuisance. is " highly probable" that it will result in a

[ Village of Wilsonville v. SC A Se rvic e s , In c . , 86 111.2d 1, 55 Ill.)ec. 499, 426 N.E.2d, 824 (1981)J.  !

l Commonwealth Edison also expressed concern that the enforcement power which would result from the proposed regulations would enable people with anti-nuclear sentiments to harass the company through a " flood of litigation " (5/11 R. ,

101), implying that the enforcement mechanism will result in a great deal of factually baseless litigation. However, the possibility that some citizens will file complaints which are found to be factually baseless should be of little concern, as should its fear of multiple lawsuits in dif ferent forums. Under Section 31(b) of the Act the Board can not allow enforcement

. actions to proceed if they are frivolous (without a legal or factual basis) or duplicitous (already filed before the Board or some other forum) . Further, citizen suits have been available under the Act since its inception and there has never been a

" flood of litigation" despite recurring concerns that there would be.

The Board believes that consideration of the costs and benefits of potential litigation is not appropriate in reaching a

decision in this regulatory proceeding. The cost of litigation in enforcing fair and reasonable substantive regulations promulgated to protect the public interest and welfare must be -

presumed justified. Indeed, that proposition goes to the heart of our legal system. The Board, therefore, finds no net cost of litigation. The Board notes that the Economic Technical Advisory Committee which reviewed the EcIS also questioned the inclusion l of litigation costs. (Ex. 8. ETAC Opinion, p. 2). '

4 Similarly, the Boe.rd seriously questions the cost associated with potential shutdowns. Industry expressed concern during the  !

hearings that an increase of reactor shutdowns can be expected as l a result of state enforcement power, However, the proposed l l regulations are no different than the Board 's other regulations , '

except that DNS rather than the Agency will be the implementing agency. The Board presumes that DNS will exercise its

{

prosecutorial discretion in a manner much like the Agency's.

Furthermore , the Board will certainly be aware of the cost of a shutdown when it considers whether such an order should be t

entered, and if it finds that the cost of a shutdown outweighs the public health benefit, no shutdown will be ordered. The Board, therefore, finds no net cost of shutdowns.

The Board finds the cost of reducing emissions by lO percent and the related health benefits interesting, but not particularly useful. Industry indicates that it is presently in substantial compliance with the proposed limitations, indicating that the cost of compliance is little or nothing. The proposed regulations would not require a 10 percent reduction, or any reduction at all. There is, in fact, no evidence in the record to suggest that such a reduction would result from the proposed regulation. Therefore, the Board finds compliance costs to be negligible, as well as the he'alth benefits associated with them.

Based on the EcIS and other evidence in the record, the Board is led to the conclusion that the cost of the proposed regulation is about $135,000 annually with no associated health benefits. However, this ignores the possibility that the j proposed regulations will result in greater oversight of the

' nuclear industry and that potential, or real, problems may be

' uncovered and remedied which would not be absent the regulations. That such benefits are expected to follow from these regulations is demonstrated by Governor Thompson's i

amendatory veto statement issued September 18, 1980, regarding the creation of DNS. The Governor stated that DNS' regulatory a

function insures i

greater accountability to the State and safer operation and handling of radiclogical facilities and materials.

This legislation represents an enormous step forward for Illinois nuclear safety. ... In addition, the [DNS]

will participate with the federal government both on the regulatory and legislative levels to ensure state input

into the questions shich so significantly affect i

I _ . . _ _ . . , _ . _ _ _ _ . _ - _

l -

l - - -

11 l

i us. ... This state, which is more dependent on nuclear power than any other state in the nation, must be first in nuclear safety as well.

The hearing record demonstrates that the adopted regulations should help fulfill the expectations that state oversight of nuclear materials and facilities can and should complement federal oversight, and the Board finds that the $135,000 cost of administration is a reasonable expense for the added protection which will result from these regulations.

General Provisions and Definitions The Board adopts Sections 1000.101, 1000.102, 1000.103 and 1000.201 (Authority, Purpose and Policy Scope and Definitions, respectively) as proposed with minor changes and proposes to delete proposed Section 1000.104 (Duties of the Department) as unnecessary. Since DNS' enabling act sets out these duties, the Board finds no reason to set them out here.

Kerr-McGee pointed out (KM Comment, pp. 3-4) that Section i i 1000.102(b), adapted from 10 C.F.R. 20.1(c), contains two significant changes: the word "should" in the NRC's regulation which states that affected per;ons "should make every reasonable effort to maintain radiation exposures to unrestricted areas as i low as is reasonably achievable, has been changed to "shall," and p the definition of "as low as is reasonably achievable" has been "

changed to delete the word " re a s on ably.. " It believes that these ,

changes limit the Board 's discretion and result in "significantly /

more stringent standards -- at.significantly greater cost -- than the NRC" standards (KM Comment, p. 4). DNS responds that the words "should" and "shall" are equally mandatory. It further states that it deleted the word " reasonably" from the definition of "ALARA"* because it is "surplussage" used to define itself in the federal definition. (DNS C/26/82 Memo., p. 4). p j p' 1

While the Board agrees with the changes made by DNS .and the /

reasons for those changes , the Board will adopt the federal 1anguage rather than the DNS language simply to avoid any {

possible arguments that the changes result in substantive differences.

During second notice JCAR recommended that the Board include in Section 1000.102(b) a date certain and a statement that this Part incorporates no further amendments or editions. Inclusion of such date and statement is mandated by the Administrative Procedure Act, and the Board has made that change.

'The term "as low as is reasonably achievable" (ALARA) means as low as is reasonably achievable taking into account the state of technology, and. the economics of improvement. . . (10 C.F.R. 20.3)

. .- m . _ - _. ..--..,--.m - - -

._ _ . . _ - _ _ . _ _ =

On June 25, 1985, Mr. L. O. Del George of Commonwealth Edison filed Public Comment No. 4 which addresses the proposed l rule's two different definitions for the term " radioactive material." The definition in Subpart B Section 1000.201 pertains to the entire part while the definition in Subpart D Section 1000.402 is applicable to only that subpart. There seems to be no reason to define the term twice. Therefore, only the Section 1000.201 definition will be retained and will encompass the entire Part. As to the definition itself, the Board is uncertain of the origin of either definition used in the proposed rule. Commonwealth Edison suggests that in the interest of clarification that it would be preferable to use a combination of the definitions from Subparts B and D. The Board believes that it is reasonable to use only one definition: therefore, the recommended combination definition Will be adopted. The definition for " radioactive material" will be modified to read:

"any dusts, particulates, fumes, mists, vapors, or gases which '

spontaneously emit ionizing radiation." Fur the rmore , the definition for " radiation" in Subpart D. Section 1000.402 will be deleted.

Standarl_ and Limitations On June 26, 1985, Mr. James R. Hollis, of the Illinois Power Company (IPC) filed Public Comment No. 5 which suggests additional considerations for modifying the proposed rule.

First, IPC states that sealed sources should be exempt from the proposed rule since the potential radioactive emissions from radioactive by-product materials are not sufficient to justify a duplication of the regulations. There is no evidence in the record regarding the degree of hazard in the sealed sources so there is no apparent basis in the record for making the recommended change. -

Second, IPC states that Section 1000.301(a) is more restrictive than the Radiological Environmental Technical Specifications (RETS) set out by the United States Nuclear Regulatory Commission. IPC goes on to explain the difference between the RETS requirement and the proposed rule's re quirement . The proposed rule requires that the whole body dose for all radioactive emissions be equal to or less than 0.5 rem per year. This language is substantially identical to the federal rules set out in 10 CFR 20. Considering that the Board's intent is to mirror the federal rules on radiation hazards, it appears that the comparison set out by Illinois Power on this point is inappropriate.

IPC's third point, is rather vague and difficult to understand. It seems that IPC is arguing that the proposed rule should not cover radiation from direct discharges from the licensee 's operation. However, it appears from 10 CFR 20.105 that the federal rules regulate the summation of both sources of

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l radiation, rule.

and this is appropriately reflected in the proposed j

~ Point four is also difficult to understand. IPC states that Section 1000.501 requires the gaseous effluents section of the Offsite Dose Calculations Manual to be included in the transmittals to the DNS which will cause higher costs for compliance since it duplicates existing regulations. This i requirement apparently comes from Section 1000.501(a)(6) [which 2

is renumbered in today's Order as 1000.501(f)]. This section

requires that all data, records and reports submitted to the NRC meat be duplicated and sent to the DNS as well. If,in fact IPC it concerned with the costs of duplicating and mailing the raports to the DNS which they have to mail to the NRC in any case, this does not seem unreasonable or unduly burdensome.

No one else has commented adversely on Sections 1000.301, i

1000.302 or 1000.303 (Permissible Levels of Radiation in Unrestricted Areas, Radioactive Emissions to Unrestricted Areas, and Additional Requirements, respectively) in their present form, and the Board will adopt Sections 1000.301 and 1000.302 as requested by DNS.* The Board will not, however, adopt Section 1000.303 as requested. As proposed by DNS, that section simply j incorporates 40 CFR 190 by reference. Since Part 190 is only two pages long, the Board finds it appropriate to set forth those provisions rather than incorporate them by reference, and the Board will do so as Subpart D and the originally proposed Subpart D will be redesignated as Subpart E. Also, the Board will not i

adopt the sections on variances or the effective date provisions contained in Part 190. The latter are unnecessary and the former are being deleted for the same reasons as Section 1000.304, as discussed below.

i Section 1000.304, regarding variances, includes a listing of l

information that the Board "shall consider" in reviewing variance petitions under Subtitle I. Kerr-McGee objects that while the Board is only required to consider that information under the proposed ruls , the NRC must grant the variance if all the listed conditions are satisfied. [See 10 C.F.R. 20.106 (b )] . DNS states j that the reason Section 1000.304 differs from the federal rule is 1

that the Board's variance authority is circumscribed by the Act which allows the Board to grant variance only upon " presentation of adequate proof that compliance with any rule or regulation, request or order of the Board would impose an arbitrary or unreasonable hardship. " (See Section 35 of the Act). Thus,

{ satisfaction of the Section 1000.304 factors will not necessarily i.

}~

• Commonwealth Edison did point out a typographical error in Section 1000.301(a) where the words "in any one year" were j

j inadvertently omitted when published for first notice in the Illinois Register. These words should follow "0.5 rem" at the end of the subsection as they did in the Board 's First Notice

Order.

i 4

i -

.... - - - -__ - ..._ ..~.. .- -...--. ._ . ._-. . - . . - . _ _ - - . _ _ _ - - --

_14_

be sufficient to obtain a variance under state law.

The Board agrees with DNS that it cannot adopt the federal  !

language, but it does not agree with DNS's proposed rule. Absent l superceding statutory authority, the Board's power to grant  !

variances must be constrained by Section 35 of the Act. Further, in accordance with that section the Board has adopted procedures for obtaining variance relief at 35 Ill. Adm. Code 104. The Board has found those provisions to be adequate for all other variances, and there is nothing in this record which convinces the Board that dif ferent procedures are necessary under these rules. The information which would be required under DNS's ,

proposal is information which would be expected to be supplied to the Board by a variance petitioner under the current rules.*

4 l

• The proposed rule is as follows:

Section 1000.304: Variances From Limitations of Appendix A (a) (1) In reviewing petitions for variances from the limitations specified in Appendix A, the Board shall consider generally:

1 (A) The petitioner 's ef forts to minimize the l l radioactivity contained in releases to i unrestricted areas; and (B) The possibility that radioactive material released might result in the exposure of an  !

individual to concentrations of radioactive material in air exceeding the limits specified in Appendix A of this Part.

l (2) In reviewing petitions for variances from the f limitations specified in Appendix A, the Board l shall consider specifically:

(A) Information as to flow rates, total quantity of releases, peak concentration of each radionuclide in the releases averaged over a period of one year at the point where the

emission leaves a stack, tube, pipe, or i similar conduit.

(B) The properties of the releases, including:

, (i) Chemical composition; 4 (ii) Physical characteristics and nature of i the gas or aerosol; and (iii) The size range of particulates in ,

releases in air. l 3 (C) The anticipated human occupancy in the (continued) i l

1

,. - i i .

1-  :

Therefore, the Board will not adopt Section 1000.304.

At its September 19, 1985 meeting JCAR objected to Section 1000.403 as it was proposed for first notice. As noted above, this section was originally proposed by DNS as Section 1000.303 and simply incorporated 40 CFR 190 by reference. Instead of incorporating that material by reference the Board adopted it as a new Subpart D and renumbered this particular rule as Section 1000.403. Section 1000.403 states that " operations covered by this subpart shall be conducted in such a manner as to pro 7ide reasonable assurance that" doses do not exceed a specified level '

and that the total quantity of radioactive material entering the r environment is kept to a certain minimum. (Emphasis added).

! JCAR determined that the " reasonable assurance" language was j unnecessarily vague and that the Board should modify the rule to 1 incitie standards and, specifically, a manual which was developed by the NRC to make its determination of reasonableness. That

manual is not part of the federal rules, nor was it made part of the record for this proceeding.

'h In these adopted rules the Board has attempted to use the federal language to the maximum extent reasonable. There are two reasons for this: first, the person,s subject to the state rules which the Board is adopting remain subject to the federal rules

, and by retaining the federal language the potential problems of the regulated community having to comply with two sets of standards is minimized; second, the record indicates that the regulated community, because they have had to operate under the federal rules for several years already, are familiar with those rules and have a good understanding of them. While the rule may appear somewhat vague to the uninitiated, none of the regulated 1 _ _ _ _ _ _ - _ _ - - ._

j unrestricted area where the highest concentration of radioactive material from the releases in expected.

(D) Information as to the highest concentration of each radionuclide in an unrestricted area at any point of human occupancy including anticipated concentrations. averaged over a period of one year, (E) The environmental monitoring equipment and procedures and calculations to determine concentrations of radionuclides in the r

unrestricted area and possible reconcentrations of radionuclides.

1 (F) The waste treatment facilities and procedures used to reduce the concentration of radionuclides prior to their release.

1, 4

i

_ _ _ _ . - . . _ ... - --~

l

.. l community has indicated that it has any problem understanding ,

it. Furthermore, under Section 6.02 of the APA, the Board has '

the authority to incorporate by reference " regulations or rules of an agency of the United States." Therefore, the Board could have simply incorporated these rules by reference, thereby avoiding any controversy over their wording. Yet, because the Board decided to fully set forth those rules to give better notice to the regulated commur.ity of what the requirements are, JCAR has objected to them. For these reasons the Board has today adopted a Resolution and Order refusing to modify this rule in response to JCAR's objection.

Records and Other Requirements Subpart D of the DNS proposal establishes requirements for the submission of records, monitoring, and notification of incidents. It also establishes procedures under which the DNS can adopt rules requiring additional records to be submitted and to establish monitoring requirements. (As noted above, this subpart will be redesignated as Subpart E and will include l Sections 1000.501, e t seg. References to the rules will be to l their redesignated numbers, except where the reference is to rules proposed by DNS which the Board is not proposing for first i notice.) l l

The only information in this record adverse to the proposal l of these rules is that included'in Commonwealth Edison's March 26, 1984 comments and comments and objections by JCAR.

Edison argues that the proposed rules give the DNS the authority

, to impose equipment requirements and standards on regulated

! facilities without limitation: a redelegation of authority which the Act gives to the Board. Section 1000.403(a)(1) of the ,

proposed regulation states that "all persons subject to this Part I shall maintain such environmental monitoring instruments as may be required in procedures adopted by the Department." Those procedural requirements involve minimal public comment and no provision for required hearings. DNS could point to nothing in the proposed rules or the record guiding DNS's ability to require equipment. (2/17 R. 92).

When the state legislature created DNS, it gave DNS the authority to " exercise, administer, and enforce all rights, powers and duties vested in the Environmental Protection Agency" under Section 4 of the Act. This section does not give DNS any authority to adopt standards or requirements for monitoring equipment at regulated facilities. On the contrary, as Commonwealth Edison points out, the Act places exclusive responsibility for the development of such regulations with the Board under Section 10(g) of the Act which states that the Board may prescribe " requirements and standards for equipment and procedures for monitoring contaminant discharges at their sources, the collection of samples and the collection, reporting

.= =  :==c == _:= : - -_ x. - --

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7 i

and retention of data resulting from such monitoring." The  ;

adoption of such regulations involves specific procedures to '

insure a fully developed record. (See Sections 26-29 of the ~

l l Act.)

i l Thus, Commonwealth Edison argues that the legislature

obvicusly intended the Board to regulate this aspect of its

pollution control program, and when the legislature delegates

authority to an agency, that agency, absent words in the Act

sanctioning such horizontal redelegation, may not redelegate,

since redelegation of a discretionary power by an administrative

agency to another agency is void. Commonwealth Edison Co. v.

Pollution Control Board , 25 Ill. App. 3d 271, 280 (1st Dist.

1974), rev'd on other grounds. 62 Ill. 2d 494 (1976).

The Board agrees with Edison and, in fact, believes that the j same argument applies to the adoption of the establishment of ,

a reporting requirements by DNS. Nothing in Section 4 of the Act

grants DNS the power to adopt substantive rules: it may only i propose them to the Board for the Board 's adoption. Therefore, l the Board declines the proposal of Sections 1000.402(b) and

! 1000.403. Further, the definition of " environmental monitoring" of Section 1000.401 will be incorporated into 1000.501(f), which is the only place the term is used in the Board 's proposal.

1

! On August 27, 1985, the Board received a letter from JCAR

] indicating the following problems with the second notice proposal ,

j regarding Subpart E:

i j 7. Section 1000.501(a)(3) requires submission of certain

! specific documents and "or other document prepared by the NRC under 10 CFR 51.5." That particular section of

. th: fc "eral code does not appear to authorize the NRC to

promulgate any documents. Is this the correct citation?

i j

8. ' Section 1000.501(a)(6) states:

i a) All persons subject to this Part shall submit to

the Department, with respect to any material or

! facility permitted or licensed by the NRC or for j which an NRC permit or license ,is sought:

6) All data, records, and reports submitted to i the NRC in connection with determining or

. predicting radiation levels in air in

unrestricted areas or the type or amount of

radioactive materials emitted into air l conducted by or for such persons.

5 The reference to " conducted by or for such persons" seems somewhat unclear. Would the Board please clarify this sentence?

I .

l

. _ _ _ . _ . _ . . . _ . . . _ . _ . . _ . . . . . . . . - . . . . . . . _ . . . ~ . . . . . .

. _ . _ _ _ _ _ _ . ~ . _ . _ . _ _ . _ _ . . . . _

-18 t

9. Section 1000.501(b) states that records, reports and data received by the Department "shall be available for

, public inspection at raasonable times and upon ,

i reasonable notice." Would the Board explain what will be considered " reasonable times" within the rule? What j will be considered " reasonable notice"?

The citation in Section 1000.501(a)(3) was incorrect: it Li should have read 10 CFR 51 rather than 10 CFR 51.5. That correction has been made. Further, the Board has decided to delete Section 1000.501(b) as unnecessary. That section merely restates (in a slightly different form) the existing freedom of

.; information statutes. (See Section 7 of the Act) . Since the

! record of this proceeding contains no information as to what  !

'] would be considered " reasonable times" or " reasonable notice",

j the Board could not clarify the language and inste'ad deleted the

rule. ,

, ) '

s The Board does not understand what is " unclear" about the

l reference to " conducted by or for such persons" in Section 1000.501(a)(b). By letter of September 19, 1985, JCAR indicat'es that the Board has agreed to delete that phrase. That is not

, true, although the Board presumes this was a misunderstanding.

Furthermore, if the phrase were deleted, a greater (and possibly

, unreasonable) burden, would be placed on those persons subject to the rule since the rule would literally require those persons to

send not only a copy of their NRC submisslons to DNS, but also- 1 copies of applicable data, records or reports which were submitted to the NRC by any other persons. Because of this , and because the Board has been unable to find alternate language

,; which is any clearer, the Board will propose no changes to this l

_i section.

Finally, the Board has made several non-substantive changes

, to the rules in response to format comments by the Administrative ij Code Unit of the Secretary of State's Office to conform with the y codification rules.

lDl The Board noted in its First Notice Proposed Opinion and jj Order that the Wall Street Journal dated Friday, January 18,

, 1985, indicated that USEPA has " promulgated regulations governing l certain releases of low-level radiation. . .from Energy Department t facilities and other items regulated by the Nuclear Regulatory

Commission," and that the Board noted that it may have to amend it' this rulemaking to insure that any adopted regulations are no 1 less stringent than the USEPA rules. It invited comment on the

.i effect of the new USEPA rules on this proceeding. However, no jj one has indicated that those rules in any way impair the it propriety of adopting these rules, nor has the Board found any jj such effect.

I; il 1 4

\l _ _ - -

l

i

)

{' ORDER

! The Board hereby adopts the following rules:

i l TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE I: ATOMIC RADIATION

! CHAPTER I: POLLUTION CONTROL BOARD i

}

PART 1000 RADIATION HAZARDS 4 SUBPART A: CENERAL PROVISIONS Section 1000.101 Authority l The Pollution Control Board adopts the rules and regulations

contained in this title pursuant to the authority of Title VI-A of the Illinois Environmental Protection Act. (Ill. Rev. Stat.

i 1983, ca. 111-1/2, par. lO25(b).

2 i

Section 1000.102 Purpose and Pclicy (a) The regulations in this Part establish standards for

} protection again~st radiological air pollutants j

associated with materials and activities under licenses j issued by the United States Nuclear Regulatory i

Commission pursuant to the Atomic Energy Act of 1954 (42

! USC 5801 et seq.) as amended, and the Energy i Reorganization Act of 1974 (42 USC 5801 et se q. )

4 j (b) It is the policy of the Pollution" Centrol Board that persons subject to this Part shall, in addition to complying with the requirements of this Part, make every i reasonable effort to maintain radiation exposures in, i and releases of radioactive materials to, unrestricted areas as low as is reasonably achievable. The term "as low as is reasonably achievable" means as low as is reasonably achievable taking into account the state of technology, the economics of improvements in relation to benefits to the public health and safety, and other j' societal and socioeconomic considerations, in. relation to the utilization of atomic energy in the public

! interest. Persons licensed by the United States Nuclear Regulatory Commission to operate light-water-cooled nuclear power reactors shall be deemed to satisfy the requirements of this subsection if they achieve the design objectives and limiting conditions for operation set out in 10 CFR 50, Appendix I (1984). This Part incorporates no further amendments or editions to those objectives and conditions for operation.

i 4

9 4

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(

Section 1000.103 Scope

! The requirements of this Part apply to all persons who receive, .

possess, use, or transfer material licensed pursuant to Parts 30 through 35, 40, or 70, or who are licensed to operate a production or utilization facility pursuant to 10 CFR 50 of the i regulations of the United States Nuclear Regulatory Commission.

f SUBPART B: DEFINITIONS Section 1000.201 Definitions As used in this Part :

"Act" means the Illinois Environmental Protection Act. Ill.

Rev. Stat., 1983, ch. 111-1/2, pars 1001 et seq.

" Board" means the Illinois Pollution Control Board.

" Department" means the Illinois Department of Nuclear Safety.

" Dose" means the quantity of radiation absorbed, per unit of mass, by the body or by any portion of the body. When these regulations specify a dose during a period of time, the dose j means the total quantity of radiation absorbed, per unit of 1

mass, by the body or by any portion of the body during such

) period of time. Several different units of dose are in

! current use. Definitions of units as used in these

+

' regulations are set forth in the definitions of " Rad" and

" Rem" in this Section.

" Individual" means any human being.

1 j

" Licensed activity" means any activity engaged in under a j general or specific license issued by the NRC.

f " Licensed facility" means any facility constructed or

operated under a permit or a general or specific license j issued by the NRC. l t

" Licensed material" means any material received, possessed,

! used, or transferred under a general or specific license

! issued by the NRC.

" Licensee" means any person to whom a permit or a general or specific license has been issued by the NRC.

l "NRC" means the United States Nuclear Regulatory Commission.

" Rad" means a measure of the dose of any radiation to body l tissues in terms of'the energy absorbed per unit mass of the j tissue. One rad is the dose corresponding to the absorption i

4 - -.. , - . - .-- . - _ - - - - _ _

of 100 ergs per gram of tissue. (One millirad (mrad) = 0.001 rad).  !

" Radiation" mear.s any or all of the following: alphs rays, i beta rays, gamma rays, X-rays, neutrons, highspeed electrons. l high-speed protons, and other atomic particles; but not sevnd or radio waves, or visible, infrared, or ultraviolet light.

" Radioactive material" and " radioactive emissions" means any }

dusts, particulates, fumes, mists, vapors, or gases which l l

spontaneously emit ionizing radiation. J l

" Rem" means a measure of the dose of any ionizing radiation

.to body tissue in terms of its estimated biological effect relative to a dose received from an exposure to one roentgen of X-rays. (One millirem (mrem) - 0.001 rem). The relation of rem to other dose units depends upon the biolog,ical effect under consideration and upon the condition of irradiation.  !

For the purpose of this Part, any of the following is  !'

considered to be equivalent to a dose of one rem:

An exposure to one roentgen of X- or gamma radiation; A dose of one rad due to XL, gamma, or beta radiation; A dose of 0.1 rad due to neutrons,or high energy protons; '

l A dose of 0.05 rad due to particles heavier than protons and with sufficient energy to reach the lens of the eye.

If it is more convenient to measure the neutron flux, or equivalent, than to determine the neutron dose in rads, one rem of neutron radiation may for purposes of this Part he assumed to be equivalent te 14 million neutrons per square centimeter incident upon the body; or, if there exists sufficient information to estimate with reasonable accuracy the approximate distribution in energy of neutrons, the incident number of neutrons per square centimeter equivalent to one rem may be estimated from the following table.

Neutron Flux Dose Equivalents No. of Neutron Average flux to per square deliver 100 Neutron centimeter equivalent millirem in energy to a dose of 1 rem (Mev) (neutrons /cm2 )

40hprs(neutrons /

cm per second 6

'Iherman . . . . . . . . . . . . . . . . 970 x 10 6. . . . . . . . . . . . . . . . . . . . 670

0. 0001. . . . . . . . . . . . . . . . . 720 x 10 . . . . . . . . . . . . . . . . . . . . 500 0.005. . . . . . . . . . . . . . . . . . 820 x 10 . . . . . . . . . . . . . . . . . . . . 570 m

i I

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_ x_.__. m - -_ . . _ _ _-

_ _ _ _ . _ . ~

22-6 0.02 o m . " " . . . . . 120 o.1.................... . " 'x. 400 6

• x" "1a6 " " "- ". ." ." ."...80 . . . . . . . . . 280 0.

1 Om5 .m. .. .. m

. .m" " ,",...".. .. ..".26 . . x4 10 3 x6 *10 " *" "" "' "" "" " .". """". ... 30

. 18 6

5.'0.' " ' " "" " " .". .'. . 2 6 x 6610 " * ' " * " " " ". 2918x 10 * ' " * " " " " " "

7. 5 . .".

10.0....m ............... .". .". "" ' "

14 x 106

" 6

" " . 24 x 10

• 17* " * ' ' " " ' "" ."". .

10 to 30..n o m...,,, .. 24 x 10 * " " .". .". .". .". . .10. .

" Restricted area" means any area access to which is controlled by the licensee for purposes of protection of 7 individuals from exposure to radiation and radioactive materials. " Restricted area" shall not include any areas used as residential quarters, although a separate room or rooms in a residential building may be set apart as a

+

restricted area.

" Unrestricted area" means any area access to which is not controlled by the licensee for purposes of protection of individuals from exposure to radiation and radioactive materials, and any area used for residential quarters.

~

SUBPART C: STANDARDS AND LIMITATIONS t

Section 1000.301 Permissible Levels of Radiation in Unrestricted Areas , r-  ;

4 &si- wM %. \ p.v5 MM , 0f g4 D *- ^.

No, -. person shall pos'sess, use, receive, or transfer licensed

,  : ("' -l.

~

ma'terial or engage in licensed activities in such manner as to create in any unrestricted area:

(a) Radiation levels da_.gir, such that any individual would

,v . sk*

'be likely, when~all raTiioactive emission (by the

-+ licensee are taken into account, to receive a dose to the whole body in excess of 0.5 rem in any one year; (b) Radiation levels in air which, if an individual were continuously present in the area, could result, when all rddioactive emissions _ by the licensee are taken into account, in his receiving a dose in excess of 2 millirems in any one hour; o..r (c) Radiation levels in_ air which, if an individual were continously present'in~the area, could result, when all radioactive emissions by licensee are taken into accou.nt, in his receiving a dose in excess of 100 millirems in any seven consecutive days.

i m

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---

.---v--,,m--- ..---, y.ww,. - , - ----.--.-w,w-+a w- ,,--w------w--, , - - - - - - - , - - - ,,.e--w --- --

. - - . - . - _ . .. - . . . . . . . . . . . . . - . . . . . . . . . - . . . . - . . _ . . . - . _ . _ . . ~ . . . . .

3 Section 1000.302 Radioactive Emissions to Unrestricted Area (a) No person shall possess, use, receive, or transfer licensed material or engage in licensed activities so as to release to air in an unrestricted area radioactive material in concentrations which exceed the limits specified in Appendix A of this Part.  !

For purposes of l i

this Section concentrations may be averaged over a period not greater than one year.

(b) For the purpose of this section the concentration limits j

in Appendix A of this Part shall apply at the boundary of the restricted area. The concentration of radioactive material discharged through a stack, pipe or similar conduit may be determined with respect to the '

) point where the material leaves the conduit. If the 1

conduit discharges within the restricted area, the j

concentration at the boundary may be determined by i applying established factors for dilution, dispersion, or decay betweeen the point of discharge and the boundary.

SUPBART D: ADDITIONAL REQUIREMENTS Section 1000.401 Applicability The provisions of this part apply to radiation doses received by j

i members of the public in the general environment and to radio-

}

active materials introduced into the general environment as the result of operations which are part of a nuclear fuel cycle.

I Section 1000.402 Definitions As used in this Subpart: '

j

" Curie" (Ci) means that quantity of radioactive material producing 37 billion nuclear transformations per second.

(One millicurie (mci)=0.001 Ci.)

i

" Dose equivalent" means the product of absorbed dose and appropriate factors to account for differencies in biological distribution in due effectiveness to the quality of radiation and its spatial ,

the body. The unit of dose equivalent is the  ;

" rem." (One millirem (mrem)-0.001 rem.) '

i

" General environment" means the total terrestrial, atmospheric and aquatic environments outside sites upon which-any operation which is part of a nuclear fuel cycle is conducted.

" Gigawatt-year" refers to the quantity of electrical energy produced at the busbar of a generating station. A gigawatt i

. : m a._=. . = ._ w _ . . - -

_ a.__ . _ .; : _., ;. = = w =;;

4

)

K .

. is equal to one billion watts. A gigawatt-year is equivalent to the amount of energy output represented by an average

electric power level of one gigawatt sustained for one year.

" Member of the public" means any individual that can receive

a radiation dose in the general environment, whether he may i or may not also be exposed to radiation in an occupation associated with a nuclear fuel cycle. However, an individual is not considered a member of the public during any period in

which he is engaged in carrying out any operation which is

part of a nuclear fuel cycle.

! " Nuclear fuel cycle" means the operations defined to be i associated with the production of electrical power for public

{

use by any fuel cycle through utilization of nuclear energy.

l " Organ" means any human organ exclusive of the dermis, the

epidermis, or the cornea.

) " Site" means the area contained within the boundary of a

} location under the control of persons possessing or using i

1 radioactive material on which is conducted one or more operations covered by this part.

j

" Uranium fuel cyc1e" means the operations of milling of uranium ore, chemical conversion of uranium, isotopic

) enrichment of uranium, fabrication of uranium fuel, j

j generation of electricity by a light-water-cooled nuclear j

power plant using uranium fuel, and reprocessing of spent uranium fuel, to the extent that these directly support the production of electrical power for public use utilizing i nuclear energy, but excludes mining operations, operations at I

waste disposal sites, transportation of any radioactive material in support of these operations, and the reuse of j recovered nonuranium special nuclear and by-product materials l from the cycle, i

Section 1000.403 Environmental Standards for Uranium Fuel Cycle 4

Operations covered by this Subpart shall be conducted in such a VO C GK A/)'

c i manner as to provide reasonable assurance that: f,,

(a) The annual dose equivalent does not exceed 25 millirems 1 to the whole body, 75 millirems to the thyroid, and 25 j

millirems to any other organ of any member of the public j

as the result of exposures to planned discharges of radioactive materials.,r_adon.and its daughters excepted, to the general environment from uraniumifue1~c9cle' j operations and to radiation from these operations.

j (b) The total quantity of radioactive materials entering the general environment from the entire uranium fuel cycle, i

l 4

per gigawatt-year of electrical energy produced by the fuel cycle, contains less than 50,000 curies of krypton-85, 5 millicuries of iodine 129, and 0.5 mil 11 curies combined of plutonium-239 and other alpha-emitting transuranic radionuclides with the halflives greater than one year.

SUBPART E: RECORDS Section 1000.501 Records 7jgj All persons subject to this Part shall submit to the Department, with respect to any material or facility permitted or licensed' by the NRC or for which an NRC permit or license is sought:

a) Preliminary Safety Analysis Report and Final Safety Analysis Report, as described in 10 CFR 50.34.

b) Application for Construction Permit and for all amendments thereto, including information required by 10 CFR 50.34a, 50.36, and 51.20.

c) Environmental Impact Appraisal Draf t and Final Environmental Impact Statement. Negative Declaration, or other document prepared by the NRC under 10 CFR 51.

d) Operating Permit and all amendments thereto, including Technical Specifications under 10 CFR 50.36a. I e) Application for Amendment to Operating License.

f) I All data, records, and reports subi.f.tted to the NRC in

connection with determining or predicting radiation levels in air in unrestricted areas or the type or amount of radioactive materials emitted into air i

conducted by or for such persons. ,

l Section 1000.502 Notification of Incidents All person subject to this Part shall immediately notify by telephone and telegraph, mailgram, or facsimile, the Manager of the Office of Nuclear Facility Safety of the Illinois Department of Nuclear Safety, 1035 Outer Park Drive, Springfield, Illinois 62704, of any incident or condition arising from the use or l possession of licensed materials or facilities or the conducting l of licensed activities which may have caused or threatens to cause emissions or radiation levels in excess of those allowed under this Part.

Section 1000.503 Other Provisions (a) The definitions set out in 35 Ill. Adm. Code 201.102 apply to this Part.

(b) All persons subject to this Part are subject to the requirements and provisions 35 Ill. Adm. Code 201.122, 201.123, 201.124, 201.125, 201.126, 201.141, 201.150 and 201.151 -

APPENDIX A--00NCENIRATICNS IN AIR ABOVE NAItRAL BACKGROUND ,

I

\

l Isotope l Element (atomic nunber) pCi M '

I i

Actinium (89 ) . . . . . . . . . . . . . . . . . . . AC 227. . . . . .S 8 x 10-14

............................................I 13

................................AC 228......S 9 x 10 9 )

............................................I 3 x 10 10 Americium (95)..................Am 241......S 6 x 10 13

............................................I 2 4 xx 10 10-12 i ...............................Am 242m......S 2 x 10-13 i

............................................I 9 x 10-12 l

................................Am 242......S - 9

............................................I 12 xx 1010-9

................................Am 243......S 2 x 10-13 l

............................................I 12

................................Am 244......S 4 x 10 7 i

............................................I 1 x 10 7 An tino ny . . . . . . . . . . . . . . . . . . . . . . . . Sb 122 . . . . . . S 8 6 xx 10 10-9

............................................I 5 x 10-9

................................Sb 124......S 5 x 10-9

............................................I 10

................................Sb 125......S 7 x 10 8

............................................ 2 9 xx 10 10-10 Argon (18 ) . . . . . . . . . . . . . . . . . . . . . . . . A 37. . .'Sub{1 x 10-0

..................................A 41....Sub 4 x 10-8 I

Arsenic (33).....................As 73......S 7 x 10-b

............................................I 1 x 10-8

.................................As 74......S 1 x 10-8 l

............................................I 4 x 10-9 l

.................................As 76......S 9

............................................I 4 x 3 x 10- 10 9

.................................As 77......S 2 x 10-8

............................................I 8  :

Asta tine (85) . . . . . . . . . . . . . . . . . . . At 211. . . . . .S 1 x 1010

....................... ..................I 2 x 10 9 Barium (56).......... . . . .Ba 131. . . . . .S 1 4 xx 10 10-8 i

..................... ...............I 1 x 10-8 i ...................... ......Ba 140......S 4 x 10-9

...................... . ................I 1 x 10-9

Berkelium (97) . . . . . . . . . . . . . . . . . .Bk 249. . . . . .S 3 x 10-11

............................................I 4 x 10-9

................................Bk 250......S 5 x 10-9

............................................I 4 x 10-8 Berylium (4)......................Be 7......S 2 x 10

............................................I 4 x 10-Bism2th (83). . . . . . . . . . . . . . . . . . . .Bi 206. . . . . .S 6 x 10-9

' .......,....................................I 9

................................Bi 207......S 5 x 10 9

............................................I 6 x 10 10

................................Bi'210......S 5 x 10 10

............................................I 2x1010

................................Bi 212......S 2 3 xx 10-10 9

............................................I 7 x 10-9

' Bromine (35 ) . . . . . . . . . . . . . . . . . . . . .Br 82. . . . . .S 4 x 10-8

............................................I 6 x 10-9 Cadmium (4 8) . . . . . . . . . . . . . . . . . . . .Cd 109. . . . . .S 9

............................................I 2 x 10 3 x 10- 9

...............................Cd 115m......S 1 x 10~9 1 x 10-9

............................................I

................................Cd 115......S 8 x 10-9

............................................I 6 x 10-9 l Calcium (20 ) . . . . . . . . . . . . . . . . . . . . .Ca 45. . . . . .S 9 1

............................................I 1 x 10 9

' .................................Ca 47......S 4 x 10 9 1

............................................I 6 6x x 10 10-9 Californium (98 ) . . . . . . . . . . . . . . . .& 249. . . . . .S 5 x 10-14

............................................I 12

' ................................& 250......S 3 x 10 13

............................................I 2 x 10 12

................................& 251......S 3 x 10 14

............................................I 6 x 10 12

................................& 252......S 3 x 1013

............................................I 2 x 10 12

................................& 253......S 1 x 10 11

............................................I 3 3 xx 10 10-11 2 x 10-13

................................ & 254......S

............................................I 2 x 10-13 Carbon (6 ) . . . . . . . . . . . . . . . . . . . . . . . .C 14 . . . . . . S 1 x 10-7

+

.................................(00-)....Sub 1 x 10-6 Cerium (58).....................Ce181......S 2 x 10 9 8

............................................I

................................Ce 143......S 5 x 10 9

............................................I 9 x 10 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ce 14 4 . . . . . . S 7 3 xx 10 10-10

............................................I 2 x 10-10 Ce s ium ( 55 ) . . . . . . . . . . . . . . . . . . . . . Cs 131. . . . . . S 4 x 10-7

............................................I 1 x 10-7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cs 134m . . . . . . S 6

............................................I 1 x 10 2 x 10- 7

!' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cs 13 4 . . . . . . S 1 x 10-9 -

............................................I 4 x 10-10

= _

~ - _

1

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cs 13 5 . . . . . . S 2 x 10-8

............................................I 3 x 10-9 l

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cs 136 . . . . . . S 1 x 10-8 )

............................................I 6 x'10-9

................................Cs 137......S 2 x 10-9

............................................I 5 x logo  !

Oslorine (17 ) . . . . . . . . . . . . . . . . . . . .C1 36. . . . . .S 1 x 10-8

. ............................................I 8 x 10-10 8

.................................CL 38......S

............................................I 9 x 10 8 Ottomium (24 ) . . . . . . . . . . . . . . . . ...Cr 51......S 7 x 10 7

............................................I 4

8 xx 10-10 8

, Cobalt (27)..................... 00 57......S 1 x 10-7 I 9 I

............................................I

................................Co 58m......S 6 6 xx 10 10-7

' )

............................................I 3 x 10-7 8

.................................Co 58......S

............................................I 3 2 xx 10 10-9 i .................................Co 60......S 1 x 10-8

..........................,.................I 10  ;

i 3 x 10 8 Coppe r ( 29 ) . . . . . . . . . . . . . . . . . . . . . . Ou 6 4 . . . . . . S 7 )

............................................I 4x 10 8 x 10-Ourium ( 96 . . . . . . . . . . . . . . . . . . . . 0n 242. . . . . .S 4 x 10-12

............................................I 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On 24 3 . . . . . . S 6 x 1013

............................................I 2x1012 i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On 24 4 . . . . . . S 3 x 10 13

............................................I 3 x 10 12

................................On 245......S 3x1013

............................................I 2 x 10 12  ;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On 24 6 . . . . . . S 4 x 1013

............................................I 2 x 10 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On 24 7 . . . . . . S 4 x 1013

....................~........................I 2 4 xx 10 10-12

! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On 2 4 8 . . . . . . S 2 x 10-14

............................................I 4 x 10-13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On 2 4 9 . . . . . . S 4 x 10-7 l ............................................I 4 x 10-7 i Dysprosium (66 ). . . . . . . . . . . . . . . . .Dy 165. . . . . .S 9 x 10-8

............................................I 7 x 10-8

................................Dy 166......S 8 x 10-9 7 x 10-9

............................................I Einsteinium (99) . . . . . . . . . . . . . . . .Es 253. . . . . .S 3 x 10-11 11

............................................I

...............................Es 254m......S 2 x 10 10

+

............................................I 2 2 xx 10 10-10

................................Es 254......S 6 x 10-13

............................................I 4 x 10-12

................................Es 255......S 2 x 10-11

............................................I 11 1 x 10 8 Erbium (68).....................Er 169......S

............................................I 2

1 xx 10-10 8 4

f

. -. . . ._. , - .. .. . .. . . . . . - . . . - - - . _ . . _ _ . ~ . _ . - . . . - . . ~

i -

i

................................Er 171......S 8

............................................I 2 x 10 8 Europium (63)...................Eu 152......S 2 x 10 8 (T/2=9.2 hrs).......I 1 x 10 8

, ................................Eu 152......S 1 4 xx 10 10-10 (T/2-13 yrs)........I 6 x 10-10

................................Eu 154......S 1 x 10-10

............................................I 10

................................Eu 155......S 2 x 10 9

............................................I 3 3 xx 10 10-9 Fermium (100). . . . . . . . . . . . . . . . . . .Bn 254. . . . . .S 2 x 10-9

............................................I 2 x 10-9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bn 25 5 . . . . . . S 6 x 10-10

............................................I 4 x 10-10 t'

................................Rn 256......S 1 x 10-10

...........................................;I 11

! Fluorine (9)......................F 18.....~.S 6 x 10'7

............................................I 2 x 10~8 Gadolinium (64 ) . . . . . . . . . . . . . . . . .Gd 153. . . . . .S 9 x 10 9

............................................I 8 3 xx 10~9 10-I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Gd 15 9 . . . . . . S 2 x 10-8 8

'i ............................................I Gallium (31 ) . . . . . . . . . . . . . . . . . . . . .Ga 72. . . ....S 1 x 10 8 x 10' 9 1

............................................I 6 x 10-9 Germanium (32)...................Ge 71......S 7

............................................I 4 x 10'7 2 x 10-

! Gold (79) . . . . . . . . . . . . . . . . . . . . . . . Au 196. . . . . .S 4 x 10'8 t

............................................I 2 x 10-8

................................Au 198......S 8

............................................I 1 x 10 9 4

................................Au 199......S 8 x 10'8

............................................I 4 3 xx 10 10-8 Hafnium (72) . . . . . . . . . . . . . . . . . . . .Hf 181. . . . . .S 1 x 10~9

............................................I 3 x 10'9 '

Hobaium (67 ). . . . . . . . . . . . . . . . . . . .Ho 166. . . . . .S 7 x 10'9

............................................I 6 x 30~9 Hydrogen (1 ) . . . . . . . . . . . . . . . . . . . . . . . .H3. . . . . .S 7

............................................I 2 2 xx 10~7 10-

..........................................Sub 4 x 10-5 Indium (49 ) . . . . . . . . . . . . . . . . . . . .In 113m. . . . . .S 7

............................................I 3 x 10 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In 114m . . . . . . S 2 4 xx 10'9 10'

............................................I 7 x 10-10

...............................In 115m......S 8 x 10-8

............................................I 6 x 10-8

} ................................In 115......S 9 x 10'9 l

............................................I 1 x 10'9 4

Iodine (53 ) . . . . . . . . . . . . . . . . . . . . . .I 125. . . . . .S 11

............................................I 8 x 10~9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 126 . . . . . . S 6 9 xx 10'11 10-

............................................I 1 x 10-8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 129 . . . . . . S 2 x 10'11

_ - ~ . _ _ - _

~ ~ -_ . - - - . ._ .- - . , ~ . . . . . . . . . . . - - . . . . . . . . . - . . - . -

............................................I 2 x 10-9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 131. . . . . . S 1 x 10-10

.................................... .......I 1 x 10-8

.................................I 132......S 3 x 10-9

............................................I 3 x 10-8 ,

.................................I 133......S 4 x 10-10

............................................I 7 x 10-9'

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 134 . . . . . . S 6 x 10-9  ;

' ............................................I 1 x 10-7  ;

.................................I 135......S 1 x 10-9

............................................I 8 Iridium (77)....................Ir 190......S 1 x 10 8

............................................I 4 x 10 8 ,

................................Ir 192......S 1 x 10 9 i

............................................I 4

? xx 10 10-10 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ir 19 4 . . . . . . S E x 10-9 I

............................................I 9 i

' iron ( 26 ) . . . . . . . . . . . . . . . . . . . . . . . .Fe 55. . . . . . S 5 3 xx 10 10-8  ;

............................................I 3 x 10-8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fe 59 . . . . . . S 5 x 10-9

............................................I 9 4

Krypton (36 ) . . . . . . . . . . . . . . . . . . .Kr 85m . . . .Sub 2 x 10 7

.................................Kr 85....Sub 1 3 xx 10 10-7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kr 87. . . . Sub 2 x 10-8

.................................Kr 88....Sub 2 x 10-8 l Iantharum (57 ). . . . . . . . . . . . . . . . . .Ia 140. . . . . .S 9

............................................I 5 4 xx 10-10 9

! Isad (82).......................Pb 203......S 9 x 10-8

............................................I 6 x 10-8

' ................................Pb 210......S 4 x 10-12

............................................I 8 x 10-12

................................Pb 212......S 10 i

............................................I 6 x 10 10 Intetium (71 ) . . . . . . . . . . . . . . . . . . .In 177. . . . . .S 7 2 xx 10 10-8 l ............................................I 2 x 10-8 Mangane se (25 ) . . . . . . . . . . . . . . . . . . .Mn 52. . . . . .S 7 x 10-9

............................................I 5 x 10-9

.................................Mn 54......S 1 x 10-8 4

............................................I 1 x 10-9 .

' .................................Mn 56......S 3 x 10-8 )

............................................I 8 Me rcury (80) . . . . . . . . . . . . . . . . . . .% 197m. . . . . .S 2 x 10 8 4

............................................I 3 x 10 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 197 . . . . . . S 3

4 xx 10 10-8

............................................I 9 x 10-8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 203 . . . . . . S 2 x 10-9

............................................I 9

. Molybdenum (42). . . . . . . . . . . . . . . . . .Mo 99. . . . . .S 4 x 3 x 10- 10 8

............................................I 7 x 10-9 Neodynium (60 ) . . . . . . . . . . . . . . . . . .Ni 144. . . . . .S 12

............................................I 3 x 1011 i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mi 147 . . . . . . S 1 1 xx 10 10-8 1

l

. =

............................................I 8 x 10-9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mi 149 . . . . . . S 6 x 10-8

............................................I 5 x 10-8 Neptunium ( 93 ) . . . . . . . . . . . . . . . . . 15 237. . . . . .S 13

............................................I 1 x 10 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Np 2 39 . . . . . . S 4 3 xx 10 10-8

............................................I 2 x 10-8 Nickel ( 28 ) . . . . . . . . . . . . . . . . . . . . . . Ni 59. . . . . .S 2 x 10-8

............................................I 8

.................................Ni 63......S 3 x 10 9

............................................I 2 x 10 8

.................................Ni 65......S 1 x 10 8

............................................I 3 x 10 8 t

Niobium (Columbium) (41) . . . . . . . .Nb 9h. . . . . .S 2 x 10 9 l ............................................I 4 x 10 9

.................................Nb 95......S 5 x 10 8

............................................I 2 x 10 9

.................................Nb 97......S 3 2 xx 10 10-7

............................................I 2 x 10-7 Osmium (76 ) . . . . . . . . . . . . . . . . . . . . .Os 185. . . . . .S 2 x 10-8

............................................I 2 x 10-9

.............................. 0s 191m......S 7

............................................I 6 x 10 7

................................Os 191......S 3 4 xx 10 10-8 i ............................................I 1 x 10-8

................................Os 193......S 1 x 10-8

............................................I 9 x 10-9

! Palladium (46 ) . . . . . . . . . . . . . . . . . .N 103. . . . . .S 5 x 10-8 i

............................................I 3 x 10-8

................................M 109......S 2 x 10-8

............................................I 8 Phosphorus (15 ) . . . . . . . . . . . . . . . . . . .P 32. . . . . .S 1 x 10 9

............................................I 2 x 10 9 I

Platirum ( 78 ) . . . . . . . . . . . . . . . . . . .Pt 191. . . . . .S 3 3 xx 10 10-8

............................................I 2 x 10-8 j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pt 19 h . . . . . . S 2 x 10-7

............................................I 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pt 19 3 . . . . . . S 2 x 10 4 x 10- 8

............................................I 1 x 10-8

.....................,.........Pt 197m......S 7

............................................I 2 x 10 2 x 10- 7

................................Pt 197......S 3 x 10-8

............................................I 2 x 10-8 Plutonium (94 ) . . . . . . . . . . . . . . . . . .Pu 238. . . . . .S 7 x 10-14

............................................I 1 x 10-12

................................Pu 239......S 6 x 10-10

............................................I 1 x 10-12

................................Pu 240......S 6 x 10-14

............................................I 1 x 10-12

................................Pu 241......S 3 x 10-12

............................................I 1 x 10-9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pu 24 2. . . . . .S 6 x 10-14 E

............................................I ~ 1 x 10-12

................................Pu 243......S 8

............................................I 6 x 10 8

................................Pu 244......S 8 6 xx 10- 1014 ,

............................................I 1 x 10-12 lblonium (84) . . . . . . . . . . . . . . . . . . .N 210. . . . . .S 11

............................................I 2 7 xx 10- 1012 Pb tas sium (19 ). . . . . . . . . . . . . . . . . . . .K 42. . . . . .S 7 x 10-8

............................................I 4 x 10-9 Praseodymium (59 ) . . . . . . . . . . . . . . .Pr 142. . . . . .S 9

............................................I 7 x 10 9

................................Pr 143......S 5 x 10 8

............................................I 1 x 10 9 Promethium (61) . . . . . . . . . . . . . . . . .Pm 147. . . . . .S 6 2 xx 10 10-9

............................................I 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pm 149 . . . . . . S 3 x 10 8

............................................I 1 x 10 9 Protoectinium (91) . . . . . . . . . . . . . .Pa 230. . . . . .S 8 x 1011 *

............................................I 6 x 1011

................................Pa 231......S 3 4 xx 10 10-14 4 x 10-12

............................................I

.............,..................Pa 233......S 2 x 10-8

............................................I 6 x 10-9 Radium (88 ) . . . . . . . . . . . . . . . . . . . . .Ra 223. . . . . .S 11

............................................I 6 x 10 12

................................Ra 224......S 8 2 xx'10- 10 10

............................................I 2 x 10-11

................................Ra 226......S 3 x 10-12

............................................I 2 x 10-12

................................Ra 228......S 12

............................................I 2 x 10 12 Radon (86 ) . . . . . . . . . . . . . . . . . . . . . .Rn 22g. . . . . .S 1 x 10 8

...............................Rn 222 ....... 1 x 10 9 Rhenium ( 75) . . . . . . . . . . . . . . . . . . . .Re 183. . . . . .S 3 x 10 8

............................................I 5 xx 10 9 104

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Re 186 . . . . . . S

• 2 x 10-8

............................................I 8 x 10-9

................................Re 187......S 3 x 10-7

............................................I 2 x 10-8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Re 188 . . . . . . S 1 x 10-8

............................................I 6 x 104 Rhodium (45 ). . . . . . . . . . . . . . . . . . .Rh 103m . . . . . S 3 x 10-6

............................................I 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rh 10 5 . . . . . . S 2 x 10 8

............................................I 3 x 10 8 Rubidium ( 37 ) . . . . . . . . . . . . . . . . . . . .Rb 86. . . . . .S 2 x 10 8

................................. ..........I 1 2x x 10- 10 9

.................................Rb 87......S 2 x 10-8

............................................I 2 x 10-9 Ruthenium (44)...................Ru 97......S 8 x 10-8

............................................I 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ru 103 . . . . . . S 6 2 xx 10- 10 8 a

4.

............................................I 9

................................Ru 105......S 3 x 10 8

' ............................................I 2 x 10 8

................................Ru 106......S 2 x 10 9

............................................I 3 x 1010 Samarium (62)...................Sm 147......S 2x1012

............................................I 2 9 xx 10 10-12 i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sm 151 . . . . . . S 2 x 10-9

' ............................................I 5 x 10-9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sm 153 . . . . . . S 2 x 10-8

............................................I 1 x 10-8 Scandium (21) . . . . . . . . . . . . . . . . . . . .Sc 46. . . . . .S 8 x 10-9

............................................I 10

.................................Sc 47......S 8 x 10 2 x 10- 9

............................................I 2 x 10-8

.................................Sc 48......S 6 x 10-9

............................................I 9 Selenium (34 ) . . . . . . . . . . . . . . . . . . . .Se 75. . . . . .S 5 x 10 8

..................... ......................I 4 x 10 9

! Silicon (14).....................Si 31......S 4 x 10 7

............................................I 2 3 xx 10-10 8 Silver (47 ) . . . . . . . . . . . . . . . . . . . . .Ag 105. . . . . .S 2 x 10-8

............................................I 3 x 10-9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ag 110m . . . . . . S 7 x 10-9

............................................I 10 i

................................Ag 111......S 3 x 10 8 l ............................................I 1 x 10 9 i

Sodium (11 ) . . . . . . . . . . . . . . . . . . . . . . Nn 22. . . . . .S 8 x 10 9

............................................I 6x1010 3 x 10-i

.................................Na 24......S 4 x 10-8

............................................I 5 x 10-9 Strontium (38 ) . . . . . . . . . . . . . . . . . .Sr 85m. . . . . .S 1 x 10-6 1 x 10-6

............................................I i .................................Sr 85......S 9 i

............................................I 8 x 10 9 i

I

.................................Sr 89......S 4x1010 3 x 10-

............................................I 1 x 10-9

.................................Sr 90......S 3 x 10-11

' ............................................I 2 x 10-10

.................................Sr 91......S 2 x 10-8

............................................I 9 x 10-9

.................................Sr 92......S 2 x 10-8

............................................I 8 Sulfur (16 ) . . . . . . . . . . . . . . . . . . . . . . .S 35. . . . . .S 1 x 10 9 i

............................................I 9 x 10 9

'Jhn talum (73) . . . . . . . . . . . . . . . . . . .Th 182. . . . . .S 9 x 10 9

............................................I 1 7 xx 10-1010 Technetium (43).................Tc 96m......S 3 x 10-6

............................................I 6

.................................Tc%......S 1 x 10 2 x 10- 8

............................................I 8 x 10-9

................................Tc 97m......S 8 x 10-8 f

4

l - ,

i

............................................I 9

.................................Tc 97......S 5 4 xx 10 10-7

............................................I 1 x 10-8

................................Tc 99m......S 6

............................................I 1 x 5 x 10- 10 7 4

.................................Tc 99...... x;3 x.. _g te11u. r2um. . . . . IS2) ..................

. . . . . . . . . . . . . . . .te. 12Sm. .......

..... x..

............................................I 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Te 127m . . . . . .S 4 x 10 9

............................................I 5 x 10 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h 127 . . . . . . S 1 x 10 8

............................................I 6 x 10 8

' ...............................Te 129m......S 3 x 10 9

............................................I 3 x 10 9 i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Te 129 . . . . . . S 1 2 xx 10 10-7

............................................I 1 x 10-7

...............................% 131m......S 8

............................................I 1 x 10 9

................................Te 132......S 6 x 10 9

............................................I 7 x 10 9 Terbium (65 ) . . . . . . . . . . . . . . . . . . . .Tb 160. . . . . .S 4 x 10 9

............................................I 3 x 10 9 hallium (81 ). . . . . . . . . . . . . . . . . . .T1 200. . . . . .S 1 x 10 8

............................................I 9 x 10 8

................................T1 201......S 4 x 10 8

............................................I 7 x 10 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .T1 20 2 . . . . . . S 3 3 xx 10 10-8

............................................I 8 x 10-9

' ................................T1 204......S 2 x 10-8

............................................I 9 x 10-10 horium ( 90) . . . . . . . . . . . . . . . . . . . .h 227. . . . . .S 11

............................................I 1 x 1012

................................Th 228......S 6 3 xx 10 10-13

............................................I 2 x 10-13

................................h 230......S 14

............................................I 8 x 3 x 10- 10 13

................................h 231......S 5 x 10-8

............................................I 4 x 10-8

................................h 232......S 12

............................................I 1 x 10 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . .h na tural . . . . . . S 1 x 10 12

............................................I 2 x 10 12

................................h 234......S 2 x 10 9

............................................I 2 x 10 9 h ulium (69).................... h 170......S 1 1 x x 10 10-9

............................................I 1 x 10-9

................................Tm 171......S 4 x 10-9

............................................I 8 x 10-9 Tin ( 50 ) . . . . . . . . . . . . . . . . . . . . . . . . Sn 113 . . . . . . S 1 x 10-8

' ............................................I 2 x 10-9

................................Sn 125......S 4 x 10-9 i

~35-

............................................I 3 x 10-9

'Ibrgsten (Wolfram) (74 ) . . . . . . . . . .W 181. . . . . .S 8 x 10-8

............................................I 4 x 10-9

.................................W 185......S 3 x 10-8

............................................I 4 x 10-9

.................................W 187......S 2 x 10-8

............................................I 1 x 10-8 Uranium (92).....................U 230......S 11

............................................I 1 x 1012

.................................U232......S 4 3 xx 10 10-12

............................................I 9 x 10-13

.................................U 233......S 2 x 10-11

............................................{

.................................U 234.....S 4 x 10-12 2 x 10-11

............................................{

.................................U 235.....S 4 x 10-12 11

............................................I 2x1012

.................................U 236......S 4 x 10 11 2 x 10 12

............................................{

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U 2 38 . . . . . S 4 3 xx 10 10-12

............................................I 5 x 10-12

.................'................U 240......S 8 x 10-9

............................................{

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-na tura l . . . . . S 6 x 10-9 5 x 10-12

................................. ..........I 5 x 10-12 Vanadium (23).................... V 48......S 9

............................. 6 x 10 9 Xenon (54 ) . . . . . . . . . . . . . .. .Xe . . .131m.

. . . . .. ...Sub

. . . . . . . . . 2. .xI 10 7

................................Xe 133....Sub 4 x 10 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Xe 13 3m . . . . Sub 3 x 10 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Xe 135 . . . . Sub 3 x 10 7 Ytterbium (70 ) . . . . . . . . . . . . . . . . . .Yb 175. . . . . .S 1 x 10 8

.............................. 2 x 10 8 Yttrium (39)................................I ....Y 90......S 2 x 10 9

............................................I 4 3 xx 10-10 9

.................................Y 91m......S 8 x 10-7

............................................I 6 x 10-7

..................................Y 91......S 9

............................................I 1 x 10 9

..................................Y 92......S 1 1 xx 1010-8

............................................I 1 x 10-8

..................................Y 93......S 9

............................. ..............I Zine (30)....................

6 x 10 9

...Zn 65......S 5 4 xx 10-10 9

............................................I 2 x 10-9

................................Zn 69m......S 1 x 10-8

............................................I 8

.................................Zn 69......S 1 x 10 7

............................................I 2 x 10 7 Zirconium (40 ) . . . . . . . . . . . . . . . . . . .Zr 93. . . . . .S 3 x 10 9

............................................I 4 x 10 8

.................................Zr 95......S 1 4 xx 1010-9

............................................I 1 x 10-9

.................................Zr 97......S 9

............................................I 4 x 10 9 Any sirgle radionuclide not. . . . . . . . . . . . . . .Sub 3 3 xx 10 10-6 .

listed above with decay mode other than alpha emission or spontanecus fission and with radio-active half-life less than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />.

Any single radionuclide not . . . . . . . . . . . . . . . . . . 1 x 10-10 listed above with decay mode other than alpha emission or spontaneous -

fission and with radio-active half-life greater than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />.

Any single radionuclide not. . . . . . . . . . . . . . . . . . 2 x 10-14 listed above, which de-cays by alpha emission or spontaneous fission.

1 Soluble (S); Insoluble (I).

2"Sub" means that values given are for submersion in a semispherical infinite cloud of airborne material.

3 These radon concentrations are appropriate for protection from radon-222 combined with its short-lived daughters. The value may be replaced by one-thirtieth (1/30) of a " working level." (A " working level" is defined as any combination of short-lived radon-222 daughters, polonium-218, lead-214, bismuth-214 and polonium-214, in one liter of air, without regard to the degree of eguilibrium, that will result in the ultimate emission of 1.3 x 10 MeV of alpha particle energy.)

4 For soluble mixtures of U-238. U-234 and U-235 in air chemical toxicity may be the limiting factor. The concentration value specific is 0.007 milligrams activity for natural uranium uranium periscubic 6.77 meter x 10- ofcuries air. The gram U. The specific activity for other mixtures of U-238, U-235 per and U-234, if not known, shall be: .

SA-3.6 x 10-7 c u rie s / gram U. . . . . . . . . . . . . U-depleted SA= (0.4 + 0.38 E + 0.0034 E2 ) 10-6. . . . . . E > 0.72

- . . _ . ..-.~ - -

.-.=.- -.-......w. -.

O

' where E is the percentage by weight of U-235, expressed as percent.

NOTE: In any case where there is a mixture in a.4r of more than one radionuclide, the limiting values for purposes of this Appendix should be determined as follows:

1. If the identity and concentration of each radionuclide in the mixture are kno-n, the limiting values should be derived as follows: Determine, for each radionuclide in the mixture, the ratio between the quantity present in the mixture and the limit otherwise established in Appendix A for the specific radionuclide when not in a mixture. The sum of such ratios for all the radionuclides in the mixture mdy noc exceed "1" (i.e., " unity").

EXAMPLE: If radionuclides A, B, and C are present in concentrations CA' C B, CC , and if. the applicable NPC's are MPCg ,

and MPC B , and MPCC respectively, then the concentrations shall be limited so that the following relationship exists:

(CA/MPCA) + ICB/MPCB ) + (CC /MPC C );E 1

2. If either the identity or .the concentration of any radionuclide in the mixture is not knowg4the limiting values for purposes of Appendix A shall be 2 x 10-

3. If any of the conditions specified below are met, the corresponding values specified below may be used ir lieu of those specified in paragraph 2 above.

a. If the identity of each radionuclide in the mixture is known but the concentration of one or more of the radionuclides in the mixture is not known, the concentration limit for the mixture is the limit specified in Appendix A for the radionuclide in the mixture having the lowest concentration limit; or

b. If the identity of each radionuclide in the mixture is now known, but it is known that certain radionuclides specified in Appendix A are not present in the mixture, the concentration limit for the mixture is the lowest concentration limit specified in Appendix A for any radionuclide which is not known to be absent from the mixture; or

c. Element (atomic number) and isotope.. pCi/ml If it is known that alpha-emitters and Sr 90, 1 x 10-10 I 129, Pb 210, Ac 227. Ra 228, Pa 230, Pu 241, and Bk 249 are not present.

I ,,.,,-,,,-,-,-._,___..,m__,,,._

-- . - - , -- . , , - _ - -.,n- ., ---.,-,,.-_.a , , , , , , - . , _.w.,,,

- - - - _ . .- _ ______m . . . - , .

? r l'

/' If it is known that alpha-emitters and Pb 210, 1 x 10-11 Ac 227, Ra 228, and Pu 241 are not present.

If it is known that alpha-emitters and Ac 227 1 x 10-12 l are not present.

If it is known that Ac 227, Th 230, Pa 231,.. 1 x 10-13 Pu 238, Pu 239, Pu 240, Pu 242, Pu 244, Cm 248, CE 249 and Cf 251 are not present.

4 4

4. If a mixture of radionuclides consists of uranium and its daughters in ore dust prior to chemical separation of the

{ uranium from the ore, the following values may be used for

] uranium and its daughters through radium-226, instead of those

} from paragraphs 1, 2, or 3 above:

1 I 3 x 10-12 pCi/ml gross alpha activity; 2. x 10-12 pCi/ml j l natural uranium; or 3 micrograms per cubic meter of air  ;

natural uranium.

5. For purposes of this note, a radionuclide may be 3

considered as not present in a mixture if (a) the ratio of the

(

concentration of that radionuclide in the mixture (C4 ) to the i

i concentration limit for that radionuclide specified in Appendix A I (MPC A ) does not exceed 1/10 (i.e., C A/MPCA < 1/10), and (b) the sum of such present in theratios fordoes mixture all the notradionuclides exceed 1/4, considered as not i.e..

l

(CA /MPCA + BC /MPCB****+ Ji l/4).

i j IT IS SO ORDERED i

1 l

Board Member J. Theodore Meyer dissented.

I, Dorothy M. Gunn, Clerk of the Pollution Control Board, hereby certify day that of the above Opinion and Order was adopted on i the A M of G-/ .

d&w , 1985, by a vote l

MN% t Yh.

Dorothy M. Gunn, Clerk d

Illinois Pollution Control Board i

,