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POLICY ISSUE (Notation Vote)
POLICY ISSUE (Notation Vote)
April 21, 1987                                                 SECY-87-104 i
April 21, 1987 SECY-87-104 i
i FOR:                       The Commissioners FROM:                       Harold R. Centon, Director Of' ice of Governmental and                             i Public Affairs                                       !
i FOR:
SUEJECT:                   PROPOSED AGREEMENT BETWEEN THE STATE OF ILLI?l0IS AND U.S. NUCLEAR REGtLATORY COMMISSION PlGS'JANT TO SECTION 274 0F THE ATOMIC Ei;ERGY ACT OF 1954, AS AMENDED PURPOSE:                   To recuest Comission appreval of the proposed Agreement with Illinois.
The Commissioners FROM:
SI:v?.WY:                   By ictter dated October 2,1986, Governer Thompson of Illinois requested that the Comission enter into a Sectier 274b Agreenent with the State. Feneral Reaister notices of the t'RC sto"f's assessment of the proocsed 1111reis radiction control progren and the proposed agreement were published es required by Se:: tion P74e of the Atomic Enercy Act o' 1954, as amerdcd. The coment period ended February P.0, 1987.
Harold R. Centon, Director Of' ice of Governmental and i
Public Affairs SUEJECT:
PROPOSED AGREEMENT BETWEEN THE STATE OF ILLI?l0IS AND U.S. NUCLEAR REGtLATORY COMMISSION PlGS'JANT TO SECTION 274 0F THE ATOMIC Ei;ERGY ACT OF 1954, AS AMENDED PURPOSE:
To recuest Comission appreval of the proposed Agreement with Illinois.
SI:v?.WY:
By ictter dated October 2,1986, Governer Thompson of Illinois requested that the Comission enter into a Sectier 274b Agreenent with the State.
Feneral Reaister notices of the t'RC sto"f's assessment of the proocsed 1111reis radiction control progren and the proposed agreement were published es required by Se:: tion P74e of the Atomic Enercy Act o' 1954, as amerdcd.
The coment period ended February P.0, 1987.
The State's request includes transfer of regulatory authority for health and safety over the Allied-Cbemical UF conversion plant (source materialb which h!s been identified by the Department of Enercy as having cocrion defense and security significance. Policy options for dealing with such situations were furnished to the Co:rrission in SECY-87-59. The Comission's decision to retain jurisdiction over the plant has been factored into this paper,
The State's request includes transfer of regulatory authority for health and safety over the Allied-Cbemical UF conversion plant (source materialb which h!s been identified by the Department of Enercy as having cocrion defense and security significance. Policy options for dealing with such situations were furnished to the Co:rrission in SECY-87-59. The Comission's decision to retain jurisdiction over the plant has been factored into this paper,


==Contact:==
==Contact:==
. loci 0. Lubenau, X?7767 Donalc A. ilussbaumer, X27767 M                     .
. loci 0. Lubenau, X?7767 Donalc A. ilussbaumer, X27767 M


3         i                                               Two NRC licenses that c6ver materials that would be-transferred to Illinois under the Agreenent are currently.the subjects of MRC adjudicatory proceedings. (DocketNo. 40-2061-SC [ASLBP No.
3 i
Two NRC licenses that c6ver materials that would be-transferred to Illinois under the Agreenent are currently.the subjects of MRC adjudicatory proceedings.
(DocketNo. 40-2061-SC [ASLBP No.
84-502-01-SC) and Docket No. 27-39-SC [ASLBP Mo.
84-502-01-SC) and Docket No. 27-39-SC [ASLBP Mo.
:i                                                     78-374-01-0T)). These proceedings relate to Kress         .
:i 78-374-01-0T)). These proceedings relate to Kress Creek and the Sheffield low-level waste disposal 4
Creek and the Sheffield low-level waste disposal           4 site, respectively. Under . terms of a Section 274b       i Agreement, HRC relinquishes and the State asserts its authority over licenses affected by the
site, respectively. Under. terms of a Section 274b i
  ?                                                             Agreement. Accordingly, 4RC staff plans to request termination of these proceedings upon approval of the proposed Agreement.                                     l DISCUSSION:     In a letter dated October 2,'1986, Governor James R.
Agreement, HRC relinquishes and the State asserts its authority over licenses affected by the
Thompson of the State of Illinois requested that the' Commission enter into an Agreement with the State pursuant to Section 274 of the Atonic Energy Act, as amended. No effective date for the Agreement was proposed but staff discussions with the Illinois Department of Nuclear Safety (ICNS),
?
which will administer the Agreement progran, have           1 indicated the State established March 1, 1987 as a       ;
Agreement.
target date. Assuming no nrotracted delays occur the staff believes that an effective date at the end of April,1987 is practicable.         In his letter, the Governor certified that the State of Illinois has a program f6r control of radiation hazards which is adequate to protect the public health and safety with respect to the materials within_ the State covered by the proposed Agreenent, and that the State of Illinois wishes to assume regulatory responsibility for such materials. The text of the proposed Agreement is shown in Enclosure A.
Accordingly, 4RC staff plans to request termination of these proceedings upon approval of the proposed Agreement.
The specific authority requested is for (1) by-p=                                                             product material as defined in Section 11e.(1) of the Act, (2) source material, (3) special nuclear material in quantities not su'ficient to fonn a critical mass and (4) permanent disposal of low-level weste containing one or more of the               !
l DISCUSSION:
foregoing materials but not containing uranium and thorium mill tailings (byproduct material as defined in Section lle.(2) of the Act). The State does not wish to assume authority over uranium and thorium milling activities. The State, however, reserves l
In a letter dated October 2,'1986, Governor James R.
l L-_N   _--- - - - - - - - - - - -
Thompson of the State of Illinois requested that the' Commission enter into an Agreement with the State pursuant to Section 274 of the Atonic Energy Act, as amended.
No effective date for the Agreement was proposed but staff discussions with the Illinois Department of Nuclear Safety (ICNS),
which will administer the Agreement progran, have 1
indicated the State established March 1, 1987 as a target date.
Assuming no nrotracted delays occur the staff believes that an effective date at the end of April,1987 is practicable.
In his letter, the Governor certified that the State of Illinois has a program f6r control of radiation hazards which is adequate to protect the public health and safety with respect to the materials within_ the State covered by the proposed Agreenent, and that the State of Illinois wishes to assume regulatory responsibility for such materials.
The text of the proposed Agreement is shown in Enclosure A.
The specific authority requested is for (1) by-p=
product material as defined in Section 11e.(1) of the Act, (2) source material, (3) special nuclear material in quantities not su'ficient to fonn a critical mass and (4) permanent disposal of low-level weste containing one or more of the foregoing materials but not containing uranium and thorium mill tailings (byproduct material as defined in Section lle.(2) of the Act). The State does not wish to assume authority over uranium and thorium milling activities. The State, however, reserves l
l L-_N


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4 ,                              the right to apply at a future date to NP.C for an           !
the right to apply at a future date to NP.C for an 4
amended Agreement to assune authority in this area.
amended Agreement to assune authority in this area.
As required by Section'274 of the Ator'ic-Energy Act, the proposed Agreement and the staff's asses'sment of the State's proposed radiation control progran were publishedintheFederalRegisteronceaweekfoy four consecutive. weeks ending February 11, 1987 Interested persons were invited to submit coments by February 20, 1987.
As required by Section'274 of the Ator'ic-Energy Act, the proposed Agreement and the staff's asses'sment of the State's proposed radiation control progran were publishedintheFederalRegisteronceaweekfoy four consecutive. weeks ending February 11, 1987 Interested persons were invited to submit coments by February 20, 1987.
The proposed Agreement had several unique                   l components.                                                 i Regulation of an existing low-level radioactive waste disposal site.
The proposed Agreement had several unique l
Illinois is the site of an existing low-level radioactive waste disposal site which is no longer accepting waste for disposal (Sheffield). Under the Agreement, jurisdiction will be relinquished by NRC to Illinois. The.
components.
State of Illinois and the licensee, US Ecoloay, have been parties to an NRC adjudicatory proceeding on an imediately effective show cause order relating to whether US Ecology could unilaterally terminate its license for activities at Sheffield without Comission action.   [ Docket No. 27-39-SC (ASLBP No.
i Regulation of an existing low-level radioactive waste disposal site.
78-374-01-0T)). The State's proposed progran l
Illinois is the site of an existing low-level radioactive waste disposal site which is no longer accepting waste for disposal (Sheffield).
I The proposed agreement and staff's assessment were initially published in the Federal Register December 31,-1986 at 51 FP. 47327 and republished January 7,1987 at 52 FR 618. A' comment period ending
Under the Agreement, jurisdiction will be relinquished by NRC to Illinois. The.
,            January 30, 1987 was specified. The December 31st and January 7th publications were determined to have been the subject of Federal Register printing errors. As a result, they were incomplete and also contained errors. A corrected notice was published January 21, 1987 at 52 FR 2309. Since the-initial notice was incomplete and also contained significant errors, the 4 consecutive week publication cycle required by the Act was restarted beginning with the January 21, 1987 notice. A revision of the date for public coments was also published at that tir.e
State of Illinois and the licensee, US Ecoloay, have been parties to an NRC adjudicatory proceeding on an imediately effective show cause order relating to whether US Ecology could unilaterally terminate its license for activities at Sheffield without Comission action.
            -(52 FR 2309) changing it to February 20, 1987. The 2nd consecutive weekly notice was published January 28, 1987 at 52 FR 2898. The 3rd
[ Docket No. 27-39-SC (ASLBP No.
              . consecutive weekly notice was published February 4, 1987 at 52 FR 3503 but printing errors again occurred, this time resulting in the omission of text. A correction notice for this omission was published February 12, 1987 at 52 FR 4569. The 4th consecutive weekly notice was published February 11, 1987 at 52 FR 4436. NRC has requested a change to Section 274e of the Act which would specify one Federal Register publication rather than four. Congress has not acted on this request.
78-374-01-0T)).
The State's proposed progran l
IThe proposed agreement and staff's assessment were initially published in the Federal Register December 31,-1986 at 51 FP. 47327 and republished January 7,1987 at 52 FR 618.
A' comment period ending January 30, 1987 was specified. The December 31st and January 7th publications were determined to have been the subject of Federal Register printing errors. As a result, they were incomplete and also contained errors. A corrected notice was published January 21, 1987 at 52 FR 2309.
Since the-initial notice was incomplete and also contained significant errors, the 4 consecutive week publication cycle required by the Act was restarted beginning with the January 21, 1987 notice. A revision of the date for public coments was also published at that tir.e
-(52 FR 2309) changing it to February 20, 1987. The 2nd consecutive weekly notice was published January 28, 1987 at 52 FR 2898. The 3rd
. consecutive weekly notice was published February 4, 1987 at 52 FR 3503 but printing errors again occurred, this time resulting in the omission of text. A correction notice for this omission was published February 12, 1987 at 52 FR 4569. The 4th consecutive weekly notice was published February 11, 1987 at 52 FR 4436.
NRC has requested a change to Section 274e of the Act which would specify one Federal Register publication rather than four. Congress has not acted on this request.
4
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  '/'                                                                           i en              a      for regulation of the land disposal of waste         ,
'/'
i for regulation of the land disposal of waste en a
received from other persons has been determired by the staff to meet applicable criteria in the NRC Policy Statement, " Criteria for Guidance' of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by l
received from other persons has been determired by the staff to meet applicable criteria in the NRC Policy Statement, " Criteria for Guidance' of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by l
States Through Agreement" (46 FR 7540, 46 FR 36960 and 48 FR 33376). The Federal Register notice stated that the staff would request termination of the Sheffield proceeding when the proposed Agreement became effective. After the notice appeared, the ASLB on March 10, 1987 issued an order concluding the proceeding after having ruled against the licensee on two legal' issues: (1).whether the licensee possessed the buried low-level waste, and (2) whether the licensee could unilaterally terminate the license. On March 16, 1987, the Board's order was appealed by US Ecology which asked for expedited Appeal Board consideration. On March     '
States Through Agreement" (46 FR 7540, 46 FR 36960 and 48 FR 33376). The Federal Register notice stated that the staff would request termination of the Sheffield proceeding when the proposed Agreement became effective. After the notice appeared, the ASLB on March 10, 1987 issued an order concluding the proceeding after having ruled against the licensee on two legal' issues: (1).whether the licensee possessed the buried low-level waste, and (2) whether the licensee could unilaterally terminate the license.
19, 1987, the Appeal Board denied US Ecology's motion for expedited consideration. The staff is comitted to ask the Appeal Board to terminate the proceeding if the Agreement is           j signed before the Appeal Board acts on US Ecology's appeal._ Upon the effective date of the Agreenent the requirements of the                 i Comission's order will become Illinois'               )
On March 16, 1987, the Board's order was appealed by US Ecology which asked for expedited Appeal Board consideration.
On March 19, 1987, the Appeal Board denied US Ecology's motion for expedited consideration. The staff is comitted to ask the Appeal Board to terminate the proceeding if the Agreement is j
signed before the Appeal Board acts on US Ecology's appeal._ Upon the effective date of the Agreenent the requirements of the i
Comission's order will become Illinois'
)
requirements until superseded by the results of Illinois' own proceeding.
requirements until superseded by the results of Illinois' own proceeding.
Reculation of a new regional low-level waste disposal facility.
Reculation of a new regional low-level waste disposal facility.
i Illinois is a member of th'e Centrrl Hidwest Interstate Low-Level Radioactive Waste Compact         ,
i Illinois is a member of th'e Centrrl Hidwest Interstate Low-Level Radioactive Waste Compact (the other menber State is the Ccmonwealth of Kentucky).
(the other menber State is the Ccmonwealth of Kentucky). Illinois has been designated the host State. As.noted above, the State's proposed progran for regulating in this area has been determined by the staff to meet applicable NPC criteria referred to in the preceding paragraph.                                     ,
Illinois has been designated the host State. As.noted above, the State's proposed progran for regulating in this area has been determined by the staff to meet applicable NPC criteria referred to in the preceding paragraph.
l Reaulation of the Allied Chemical llF, Conversion Plant.
Reaulation of the Allied Chemical llF, Conversion Plant.
The Allied Chemical plant is one of two plants           ,
The Allied Chemical plant is one of two plants in the United States licensed to convert uranium "yellowcake" to UF. (The other plant is Kerr-McGee's Sequoyah piant in Oklahona).
in the United States licensed to convert                 !
j 1
uranium "yellowcake" to UF . (The other plant           !
The Allied Chemical plant has been identified 1
is Kerr-McGee's Sequoyah piant in Oklahona).           j 1
by DOE as having a potential comon defense and
The Allied Chemical plant has been identified         1 by DOE as having a potential comon defense and           l l
l 1


      ,              9 '
9 security significance.
security significance. Section 274m of the Atomic Energy Act, as amended, provides that:             ,
Section 274m of the Atomic Energy Act, as amended, provides that:
              "No agreement entered into under subsection b., ... shall effect the authority of the Commissinn under subsection 161b. or 1. to issue rules, regulations, or orders to protect the comon defense and security..."
"No agreement entered into under subsection b.,... shall effect the authority of the Commissinn under subsection 161b. or 1. to issue rules, regulations, or orders to protect the comon defense and security..."
NRC staff prepared a policy option paper for the Comission for establishment of Comission policy regarding licenses subject to Section 274b Agreements which have comon defense and security significance (SECY-87-59). The Comission decision on the policy option paper was to retain regulatory authority over such plants based on common defense and security considerations. A draft order to effectuate this policy with respect to the Allied Chemical plant has been prepared for Comission approval (enclosureG). The order should become effective at the same time as the proposed section 274b Agreement. No modification of the Agreement is necessary since such an action would be independent of the Agreement and taken under the separate authority of Section 274m.
NRC staff prepared a policy option paper for the Comission for establishment of Comission policy regarding licenses subject to Section 274b Agreements which have comon defense and security significance (SECY-87-59). The Comission decision on the policy option paper was to retain regulatory authority over such plants based on common defense and security considerations. A draft order to effectuate this policy with respect to the Allied Chemical plant has been prepared for Comission approval (enclosureG). The order should become effective at the same time as the proposed section 274b Agreement.
No modification of the Agreement is necessary since such an action would be independent of the Agreement and taken under the separate authority of Section 274m.
As discussed in SECY 87-59 the ste#f will notify DOE of the Commission decision in this matter.
As discussed in SECY 87-59 the ste#f will notify DOE of the Commission decision in this matter.
The Kerr-McGee West Chicago pare Earths Facilitv.
The Kerr-McGee West Chicago pare Earths Facilitv.
The Kerr-McGee West Chicago Rare Earths Facility is a site where thorium processing and recovery operations were conducted under an AEC/NRC license.     The radioactive mill tailings that resulted from operations at the site have been determined by the NRC staff to be byproduct material as defined by Section 11e.(2) of the Act. Illinois has not requested authority to regulate Section 11e.(2) byproduct naterial under the proposed agreement and thus jurisdiction over these materials will remain with NRC. The disposition of these tailings is
The Kerr-McGee West Chicago Rare Earths Facility is a site where thorium processing and recovery operations were conducted under an AEC/NRC license.
)       the subject of an ASLB proceeding fDocket 40-2061-ML (ASLBP No. 83-495-01-ML)].
The radioactive mill tailings that resulted from operations at the site have been determined by the NRC staff to be byproduct material as defined by Section 11e.(2) of the Act.
Illinois has not requested authority to regulate Section 11e.(2) byproduct naterial under the proposed agreement and thus jurisdiction over these materials will remain with NRC. The disposition of these tailings is
)
the subject of an ASLB proceeding fDocket 40-2061-ML (ASLBP No. 83-495-01-ML)].
Thorium-bearing materials in off-site areas in and around Ifest Chicago that are attributed to the site activities have been characterized by NRC staff at source material (see Enclosure C, staff response to Comment 4). Jurisdiction
Thorium-bearing materials in off-site areas in and around Ifest Chicago that are attributed to the site activities have been characterized by NRC staff at source material (see Enclosure C, staff response to Comment 4). Jurisdiction


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Y   'F over these materials will be transferred to Illinois under the-proposed agreement. -These       <
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materials include (a) thorium bearing materials     j
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'                                                    now stored at the Kerr-McGee Fest Chicago Rare Earths Facility site that have been. recovered from off-site residential properties"and from the sewage'treatnent plant.in_ West Chicago and (b) uranium and therium contaminated materials-in Kress Creek and the West Branch of the DuPage River, and Reed-Keppler Park, West Chicago. The Kress Creek-DuPage River material is the subject of an NRC adjudicatory proceeding-{DocketNo. 40-2061-SC (ASLBP No.
'F over these materials will be transferred to Illinois under the-proposed agreement. -These materials include (a) thorium bearing materials j
84-502-01-SC)). In this proceeding, in which Kerr-McGee and the People of the State of Illinois are parties, the ASLB found that the presence of this material in Kress Creek and the West Branch of the DuPage River probably resulted from the conduct of an NRC (and AEC) licensed activity at the Fest Chicago P,are Earths Facility.     The ASLB,'however, declined to require clean-up of the Creek and the River based upon its analysis.of the hazard posed by the radiologically contaminated material. The NRC staff has appealed that decision to the Atomic Safety and Licensing Appeal Board, but a decision on appeal has not yet been issued.
now stored at the Kerr-McGee Fest Chicago Rare Earths Facility site that have been. recovered from off-site residential properties"and from the sewage'treatnent plant.in_ West Chicago and (b) uranium and therium contaminated materials-in Kress Creek and the West Branch of the DuPage River, and Reed-Keppler Park, West Chicago.
The Aopeal- Boerd has detennined to' suspend further consideration of this matter until the question of the State Agreement is resolved.
The Kress Creek-DuPage River material is the subject of an NRC adjudicatory proceeding-{DocketNo. 40-2061-SC (ASLBP No.
Since jurisdiction over source material ir Kress Creek and the West Branch of the Duh.oe River will be' relinquished to Illinois when the Agreement becomes effective, the NRC staff will reauest termination of the NRC adjudicatory proceedino.     At this point it will be up to Illinois to initiate further proceedings.
84-502-01-SC)).
In this proceeding, in which Kerr-McGee and the People of the State of Illinois are parties, the ASLB found that the presence of this material in Kress Creek and the West Branch of the DuPage River probably resulted from the conduct of an NRC (and AEC) licensed activity at the Fest Chicago P,are Earths Facility.
The ASLB,'however, declined to require clean-up of the Creek and the River based upon its analysis.of the hazard posed by the radiologically contaminated material. The NRC staff has appealed that decision to the Atomic Safety and Licensing Appeal Board, but a decision on appeal has not yet been issued.
The Aopeal-Boerd has detennined to' suspend further consideration of this matter until the question of the State Agreement is resolved.
Since jurisdiction over source material ir Kress Creek and the West Branch of the Duh.oe River will be' relinquished to Illinois when the Agreement becomes effective, the NRC staff will reauest termination of the NRC adjudicatory proceedino.
At this point it will be up to Illinois to initiate further proceedings.
Jurisdiction over the source material in Reed-Keppler Park will also be relinquished to Illinois when the Agreement becomes effective.
Jurisdiction over the source material in Reed-Keppler Park will also be relinquished to Illinois when the Agreement becomes effective.
Five written coments on the proposed Agreement and NRC staff assessment were received prior t the end of the coment period on February 20, 1087.2 Three 2
Five written coments on the proposed Agreement and NRC staff assessment were received prior t the end of the coment period on February 20, 1087.2 Three 2Additionally, on February 4, 1987, the Commission received a request to suspend the license issued k Chem Nuclear Systems, Inc.
Additionally, on February 4, 1987, the Commission received a request to suspend the license issued k Chem Nuclear Systems, Inc.
which authorizes waste storage and which is the subject of an amendment to operate a waste compactor near Channonhon, IL. NRC staff have acknowledged the letter in accordance with 10 CFR 2 ?O6. The request (Footnote Continued) l-l
which authorizes waste storage and which is the subject of an amendment to operate a waste compactor near Channonhon, IL. NRC staff have acknowledged the letter in accordance with 10 CFR 2 ?O6. The request (Footnote Continued) l-l


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  .c        ,.                                                          coment letters were submitted by' Conner. and . ...
coment letters were submitted by' Conner. and....
Metterhahn, P.C., counsel for US Ecology which holds-the license for. the Sheffield site. One coment letter. was received from A. Eugene Sennels, the
.c Metterhahn, P.C., counsel for US Ecology which holds-the license for. the Sheffield site. One coment letter. was received from A. Eugene Sennels, the Payor. of the City of West Chicago. -One coment letter was received. from Covington and Burling, counsel: representing Kerr-McGee.
* Payor. of the City of West Chicago. -One coment letter was received. from Covington and Burling, counsel: representing Kerr-McGee. Several supplementary coments were filed by Conner &
Several supplementary coments were filed by Conner &
WetterhahnaftertheendoftheSomm'atD'riod-Sumaries of the public coments and NRC staff responses are set out in Enclosure C.                                 -
WetterhahnaftertheendoftheSomm'atD'riod-Sumaries of the public coments and NRC staff responses are set out in Enclosure C.
The staff's conclusion with respect to the proposed Illinois program was stated in the Federal Register notices:
The staff's conclusion with respect to the proposed Illinois program was stated in the Federal Register notices:
                                                                                "... the State of Illinois meets the requirements of Section 274 of the Act. ' The State'.s statutes, regulations, personnel, licensing, inspection and administrative procedures are conpatible with those of the-Comission ~and adeouate to protect the public .
"... the State of Illinois meets the requirements of Section 274 of the Act. ' The State'.s statutes, regulations, personnel, licensing, inspection and administrative procedures are conpatible with those of the-Comission ~and adeouate to protect the public.
                                                                              -health and safety.with respect to the materials covered by the proposed agreement. Since the.
-health and safety.with respect to the materials covered by the proposed agreement. Since the.
State is not seeking authority over uranium nilling activit a :s, subsection o, is not applicable go the proposed Illinois agreement."
State is not seeking authority over uranium nilling activit a :s, subsection o, is not applicable go the proposed Illinois agreement."
Briefly, the comnents related to:
Briefly, the comnents related to:
(Footnote Continued)                                                   .                  .
(Footnote Continued) for an amendment to cperate a waste compactor which precipitated this request is under review by NRC staff and includes preparation of an environmental assessnent.
for an amendment to cperate a waste compactor which precipitated this request is under review by NRC staff and includes preparation of an environmental assessnent. If the proposed agreement is approved by the Commission prior to a final decision by NRC staff on the amendment request, the request will be included with the license which will be transferred to Illinois.
If the proposed agreement is approved by the Commission prior to a final decision by NRC staff on the amendment request, the request will be included with the license which will be transferred to Illinois.
3 Copies of the public comments era c,ailable for public inspection in the Comission's public document roent at 1717 H Street NW, Washington DC and the Comission's Region III Office, 799 Roosevelt Road, Building No. 4. Glen Ellyn, Illinois.
3Copies of the public comments era c,ailable for public inspection in the Comission's public document roent at 1717 H Street NW, Washington DC and the Comission's Region III Office, 799 Roosevelt Road, Building No. 4. Glen Ellyn, Illinois.
4 While the tem " uranium milling" was used, subsection o applies to "the licensing)and Section   11e.(2 of this               regulation Ar.t. or ofof  anybyproduct      material, activity which           as.indefined results   the               in
4While the tem " uranium milling" was used, subsection o applies to "the licensing)and regulation of byproduct material, as. defined in Section 11e.(2 of this Ar.t. or of any activity which results in the
                                . production of byproduct material as so defined under an agreement entered pursuant to subsection b." Illinois did not request inclusion in the Agreement of Section 11e.(2) byproduct material and subsection o does not therefore apply.
. production of byproduct material as so defined under an agreement entered pursuant to subsection b."
l C____   _._n.______._________               . _ _ _ _ . . _ _ _
Illinois did not request inclusion in the Agreement of Section 11e.(2) byproduct material and subsection o does not therefore apply.
l C____
_._n.______._________


      +
+
o     Unavailability in the NRC H Street PDR of documents referenced in the Federal Register (Conner and Wetterhahn).
o Unavailability in the NRC H Street PDR of documents referenced in the Federal Register (Conner and Wetterhahn).
o    Request to extend the roment period from 30 to 60 days (Conner and Wetterhe.hni.
Request to extend the roment period from o
o     Recuest for reconsideration by NRC of the classification of radioactive materials at the Kerr-McGee Rare Earths Facility in West Chicago (Eugene A. Rennels).
30 to 60 days (Conner and Wetterhe.hni.
o   Request i t Illinois be required to assume regulatory jurisdiction over all the radioactive materials at the Kerr-McGee Rare Earths Facility in West Chicago (i.e., byproduct naterial as defined in Secticn 11e.(2) of the Act)
o Recuest for reconsideration by NRC of the classification of radioactive materials at the Kerr-McGee Rare Earths Facility in West Chicago (Eugene A. Rennels).
o Request i t Illinois be required to assume regulatory jurisdiction over all the radioactive materials at the Kerr-McGee Rare Earths Facility in West Chicago (i.e., byproduct naterial as defined in Secticn 11e.(2) of the Act)
(Eugene A. Rennels).
(Eugene A. Rennels).
o   Request that NRC adopt as policy certain resolutions of the City of West Chicago concerning the radioactive naterials at                 ,
o Request that NRC adopt as policy certain resolutions of the City of West Chicago concerning the radioactive naterials at the Kerr-McGee Rare Earths Facility j
the Kerr-McGee Rare Earths Facility                     j (Eugene A. Rennels).
(Eugene A. Rennels).
o   Objections to the planned requests by NRC staff to terminate the NRC adjudicatory proceedings on Sheffield and Kress Creek if the proposed Agreement is approved                   ,
o Objections to the planned requests by NRC staff to terminate the NRC adjudicatory proceedings on Sheffield and Kress Creek if the proposed Agreement is approved (Conner and Wetterbahn, Covington and Burling),
(Conner and Wetterbahn, Covington and Burling),
o Objection to NPC staff plan to transfer to Illinois under the Agreement jurisdiction over certain thorium contaminated i
o   Objection to NPC staff plan to transfer to Illinois under the Agreement jurisdiction over certain thorium contaminated                         i materials associated with the Kerr-McGee                 l West Chicago facility (Covington and                     l Burling).                                                 4 o   Objection to NRC staff views that transfers of authority under Section 274b.
materials associated with the Kerr-McGee l
West Chicago facility (Covington and l
Burling).
4 o
Objection to NRC staff views that transfers of authority under Section 274b.
Agreements may be made by categories of materials only (Conner and Wetterhahn).
Agreements may be made by categories of materials only (Conner and Wetterhahn).
o   Recuests for an opportunity to present oral views to the Comission (Conner and Wetterhahn, Covington and Burling).
o Recuests for an opportunity to present oral views to the Comission (Conner and Wetterhahn, Covington and Burling).
The staff carefully considered the comments that were submitted. The principal purposes of the comments are to request relief from the provisions of the proposed Agreement and to request an opportunity to orally present arguirents to the
The staff carefully considered the comments that were submitted. The principal purposes of the comments are to request relief from the provisions of the proposed Agreement and to request an opportunity to orally present arguirents to the
)
)
L______________-_____--___ . _ _ _ .
L______________-_____--___


                                .g.
.g.
h e      .      Comission. The applicable tests to be applied to a                 1 proposed Section 274b Agreement are the requirements of Section 274 of the Act, as amended, and the previously referenced implementing Comission Policy                 4 Statenent (see p.4., supra) which scecifies criteria             i l               to be net by States requesting approval to enter                 i into Section 274b Agreements. None of the coments received within the coment period disputed the staff's assessment and conclusion with respect to                 j the adequacy and compatibility of the proposed                       l Illinois program. Following expfration of the                     )
h Comission.
comment period, one comenter (Conner and Wetterhahn) continued to file comments by means of               l supplementary letters (now numberin                               l date of preparation of this paper) gincluding 5 as of athe comment taking iss'fs with the staff's finding of compatibility for the low level waste program. The NRC staff has fcund the comment on cor'patibility to be without merit (see Enclosure C, coment no. 5 p.8, footnote 2, i_nfra). The staff, after consideration of the comments, finds no basis to alter its conclusions. Since the other pub 1(c comments did not substantively dispute the staff's assessnent and were, in the main, limited to legal and procedural matters outside the scope of the                   i assessment, the staff sees no reason to suggest                   1 consideration by the Conmission of the requests by the commenters to present oral arcunents on the:;e matters.
The applicable tests to be applied to a 1
The proposed program will be administered by the Illinois Department of Nuclear Safety, a cabinet level State agency. Approximately 800 licenses will be transferred to the State. NRC staff has worked out tne details of the transfer with Illinois to assure a smooth transition,     In October,1986 the Department held a public meeting for NRC materials licensees in Illinois to explcln the arrangements under the Agreement and introduce Department staff.
e proposed Section 274b Agreement are the requirements of Section 274 of the Act, as amended, and the previously referenced implementing Comission Policy 4
Statenent (see p.4., supra) which scecifies criteria i
l to be net by States requesting approval to enter i
into Section 274b Agreements.
None of the coments received within the coment period disputed the staff's assessment and conclusion with respect to j
the adequacy and compatibility of the proposed l
Illinois program.
Following expfration of the
)
comment period, one comenter (Conner and Wetterhahn) continued to file comments by means of l
supplementary letters (now numberin l
date of preparation of this paper) g 5 as of the including a comment taking iss'fs with the staff's finding of compatibility for the low level waste program. The NRC staff has fcund the comment on cor'patibility to be without merit (see Enclosure C, coment no. 5 p.8, footnote 2, i_nfra).
The staff, after consideration of the comments, finds no basis to alter its conclusions. Since the other pub 1(c comments did not substantively dispute the staff's assessnent and were, in the main, limited to legal and procedural matters outside the scope of the i
assessment, the staff sees no reason to suggest 1
consideration by the Conmission of the requests by the commenters to present oral arcunents on the:;e matters.
The proposed program will be administered by the Illinois Department of Nuclear Safety, a cabinet level State agency.
Approximately 800 licenses will be transferred to the State.
NRC staff has worked out tne details of the transfer with Illinois to assure a smooth transition, In October,1986 the Department held a public meeting for NRC materials licensees in Illinois to explcln the arrangements under the Agreement and introduce Department staff.
OSP and Region III staffs participated.
OSP and Region III staffs participated.
It should be noted that the NRC staff conducts an extensive post agreement program with each Agreement State fo11cwing execution of a 274b agreement. This program consists of enchange of information, technical assistance, training, and periodic on-site               ,
It should be noted that the NRC staff conducts an extensive post agreement program with each Agreement State fo11cwing execution of a 274b agreement. This program consists of enchange of information, technical assistance, training, and periodic on-site i
reviews of the radiation control programs. Exchange                 i of information covers incidents, enforcement actions, policies, reguidtions and program statistics. Technical assistance includes help with statutes, regulations, licenses and inspections that are unusual or technically complex, and enforcement actions. Training includes a variety of courses designed to enhance staff proficiency in health                   !
reviews of the radiation control programs. Exchange of information covers incidents, enforcement actions, policies, reguidtions and program statistics.
Technical assistance includes help with statutes, regulations, licenses and inspections that are unusual or technically complex, and enforcement actions.
Training includes a variety of courses designed to enhance staff proficiency in health


t
t physics,. radiation engineering, lii.ensing,
    . 4-
. 4-inspection procedures, transportation, radiography.
* physics,. radiation engineering, lii.ensing, inspection procedures, transportation, radiography.                       1 and medical applications. Periodic prop,ran reviews are r;ade at 12-18 month intervals to determine program adecuacy and compatibility using Comission                         g approved guidelines. Communications are frecuent with a new agreement State during the." start up" i                                                                 period and an on-site visit is made in about three                         '
1 and medical applications.
months to see if there are any problem areas needing assistance.                                                               i l
Periodic prop,ran reviews are r;ade at 12-18 month intervals to determine program adecuacy and compatibility using Comission g
approved guidelines.
Communications are frecuent with a new agreement State during the." start up" i
period and an on-site visit is made in about three months to see if there are any problem areas needing assistance.
i l
If approved by the Comission, Illinois will become the 29th Agreement St6te and the second such State in Region III.
If approved by the Comission, Illinois will become the 29th Agreement St6te and the second such State in Region III.
i
i
_ RECOMMENDATION: That the Commission:                                                     l Find:
_ RECOMMENDATION:
: 1. That the proposed Illinois program for control of radiation hazards with respect to byproduct materials as defined in Section 11e.(1) of the Atomic Energy Act, source materials, and special nuclear mate ials in quantities not sufficient to fom a critical mass, and perr.anent disposal of low-level waste cantaining one or more of the foregoing riaterials but not cc taining uranium and thorium mill tailings (byproduct material as defined in Section 11e.(2) of the Act) is compatible with the Commission's program for the regulation of like mater %1s; and
That the Commission:
: 2. That the proposed Illinois program is adequate to protect the public health and safety with respect to the materials within the State covered by the proposed Section 274b Agreement.
l Find:
: 3. That authority to regulate the Allied-Chemical t!F conversion plant shall be retained by the6Comission consistent with its decision on policy for licenses subject to Section 27db Agreements which have comon defense and security significance (SECY-87-S9).
1.
That the proposed Illinois program for control of radiation hazards with respect to byproduct materials as defined in Section 11e.(1) of the Atomic Energy Act, source materials, and special nuclear mate ials in quantities not sufficient to fom a critical mass, and perr.anent disposal of low-level waste cantaining one or more of the foregoing riaterials but not cc taining uranium and thorium mill tailings (byproduct material as defined in Section 11e.(2) of the Act) is compatible with the Commission's program for the regulation of like mater %1s; and 2.
That the proposed Illinois program is adequate to protect the public health and safety with respect to the materials within the State covered by the proposed Section 274b Agreement.
3.
That authority to regulate the Allied-Chemical t!F conversion plant shall 6
be retained by the Comission consistent with its decision on policy for licenses subject to Section 27db Agreements which have comon defense and security significance (SECY-87-S9).
Approve:
Approve:
: 1. The proposed Section 274b Agreement set forth in Enclosure A between the State of Illinois and the fluclear Regulatory Comission.
1.
am_______ _.  .__.__.__m_   ,_._____ _ _ _ _ _
The proposed Section 274b Agreement set forth in Enclosure A between the State of Illinois and the fluclear Regulatory Comission.
am_______
.__.__.__m_


w; J
w; 4'
* 4'                                                .11
J
.11
: y. w.
: y. w.
i
'2.
                                              '2.     The proposed Order to Allied-Chemical
The proposed Order to Allied-Chemical i
  .c
placing its conversion plant under
  .                                                    placing its conversion plant under
.c continued NRC regulatory authority for health and safety.as provided by,Section 278n of the Act. as amended.
                                      ,                continued NRC regulatory authority for health and safety.as provided by,Section 278n of the Act. as amended.
Note:
Note:
: 1. That the Comission's decision on Policy for licensees whose activities have a
1.
      ,                                              potential common defense and.sacurity h                                                     significance has been applied to the-
That the Comission's decision on Policy for licensees whose activities have a potential common defense and.sacurity h
                                                    -Allied Chemical UF, conversion plant in M11nois..The stafY will prepare correspondence notifying' DOE of this decision as specified in SECY 87-59 ard will prepare proposed revisions to the NRC Policy Statement to incorporate this decision.
significance has been applied to the-
: 2. That the.Section 274b Agreement will be publisheo in the Federal Register within thirty days after signature of both parties as required by the Act.
-Allied Chemical UF, conversion plant in M11nois..The stafY will prepare correspondence notifying' DOE of this decision as specified in SECY 87-59 ard will prepare proposed revisions to the NRC Policy Statement to incorporate this decision.
: 3. That the staff has been informed by_Dr.
2.
Lash, Director of the Illinois' Department of Nue' ear Safety that the State does not desire a.fonrel signing ceremony. Staff will prepare the: Agreement documents for.
That the.Section 274b Agreement will be publisheo in the Federal Register within thirty days after signature of both parties as required by the Act.
the. Chairman's signature'and make appropriate arrangements for the execution   1 of the Agreement by correspondence.
3.
4     That the Subconnittee on-Nuclear             ,
That the staff has been informed by_Dr.
                                                    ' Regulation of the Senate Committee on Environment and Public Works, the           l t
Lash, Director of the Illinois' Department of Nue' ear Safety that the State does not desire a.fonrel signing ceremony.
Subcommittee on Energy and the Environment -)
Staff will prepare the: Agreement documents for.
          ~                                         of the House Comittee on Interior-and         )
the. Chairman's signature'and make appropriate arrangements for the execution 1
Insular Affairs, and the Subcommittee on Energy and Power of the House Committee on Energy and Comerce will be'infomed by a letter similar to Enclosure D.               ]
of the Agreement by correspondence.
: 5. That a Public Announcement such as Enclosure E will be issued on filing of the notice with the Office of the Federal Register
4 That the Subconnittee on-Nuclear
                                                                                                  )
' Regulation of the Senate Committee on l
: 6. That a letter to Governor Thonpson similar to Enclosure F will be sent if the Comission approves the proposed Agreement.
Environment and Public Works, the t
Subcommittee on Energy and the Environment
-)
~
of the House Comittee on Interior-and
)
Insular Affairs, and the Subcommittee on Energy and Power of the House Committee on Energy and Comerce will be'infomed by a letter similar to Enclosure D.
]
5.
That a Public Announcement such as Enclosure E will be issued on filing of the notice with the Office of the Federal Register
)
6.
That a letter to Governor Thonpson similar to Enclosure F will be sent if the Comission approves the proposed Agreement.


COORDINATION:             The Office of the General Counsel has reviewed the Commission paper and enclosures and has no legal objection. The Executive Director for Operations has concurred in it.
COORDINATION:
SCHEDULING:               In his request, Governor Thompson did not specify an effective date for the Agreement.
The Office of the General Counsel has reviewed the Commission paper and enclosures and has no legal objection. The Executive Director for Operations has concurred in it.
SCHEDULING:
In his request, Governor Thompson did not specify an effective date for the Agreement.
Staff discussions with Dr. Lash, Director of the Illinois Department of Nuclear Safety indicate that a target date of March 1,1987 was' planned for. The staff believes an effective date of at least two weeks after approval would permit time for the State to sign the Agreement and allow for completion of an orderly transfer of files prior to the effective date. Therefore the staff recomends Comission action by May 6,1987.
Staff discussions with Dr. Lash, Director of the Illinois Department of Nuclear Safety indicate that a target date of March 1,1987 was' planned for. The staff believes an effective date of at least two weeks after approval would permit time for the State to sign the Agreement and allow for completion of an orderly transfer of files prior to the effective date. Therefore the staff recomends Comission action by May 6,1987.
                                                      /                 w Harold R. Denton, Director Office of Governmental and Public Affairs
/
w Harold R. Denton, Director Office of Governmental and Public Affairs


==Enclosures:==
==Enclosures:==
 
A. Proposed Agreement B. Federal Register Notice with NRC staff assessment C. Sumaries of public comments and NRC staff responses D. Proposed letters to Congressional Comittees E. Proposed Public Announcement F. Proposed letter to Governor of Illinois G. Proposed Order to Allied-Chemical l
A. Proposed Agreement B. Federal Register Notice with NRC staff assessment C. Sumaries of public comments and NRC staff responses D. Proposed letters to Congressional Comittees E. Proposed Public Announcement F. Proposed letter to Governor of Illinois                                               ,
G. Proposed Order to Allied-Chemical l
l l
l l
l i
l i


Commissioners' comments or consent should be provided directly to'the Office of the Secretary by c.o.b. JT esday, May 5, 1987.
Commissioners' comments or consent should be provided directly to'the Office of the Secretary by c.o.b. JT esday, May 5, 1987.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, April 28, 1987, with an infor-mation copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, April 28, 1987, with an infor-mation copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
DISTRIBUTION:
Commissioners
Commissioners OGC (H Street)
    '                            OGC (H Street)
OI OIA GPA REGION III EDO OGC (MNBB)
OI OIA GPA REGION III EDO OGC (MNBB)
ACRS                                                             -
ACRS 3
3 ASLBP                                                             '
ASLBP ASLAP SECY l
ASLAP SECY l
i w __
1 i
1
w __                       ____                                                                  1


                                        ,T 4
,T 4
e i
e i
i ENCLOSURE A i
i ENCLOSURE A
e i
i e
4 i
i 4
i


                  ^
^
fnclosure A AGREEMENT DETWEEN THE UNITED STATES NUCLEAR REGULATORY COPMISSION AND THE STATE OF ILLIN0IS FOR DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 0F THE ATOMIC ENERGY ACT OF '954, AS AMENDED WHEREAS, the United States Nuclear Regulatory Comission (hereinafter referred to as the Comission) is authorized undec Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter rEfarred to as the Act), to                       j enter into agreements with the Governor of any State providing for dis-                       :
fnclosure A AGREEMENT DETWEEN THE UNITED STATES NUCLEAR REGULATORY COPMISSION AND THE STATE OF ILLIN0IS FOR DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 0F THE ATOMIC ENERGY ACT OF '954, AS AMENDED WHEREAS, the United States Nuclear Regulatory Comission (hereinafter referred to as the Comission) is authorized undec Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter rEfarred to as the Act), to j
continuance of the regulatnry authority of the Comnission within the Statt under Chapters 6, 7, and 8, and Section 161 of the Act with respect to by-product raterials as defined in Sections 11e.(1) and (2) of the Act, source materials, and special nuclear naterials in quantities not sufficient to fom a critical mass; and, WHEREAS, the Governor of the State of Illinois is authorized under Illinois Revised Statutes, 1985, ch. 111 1, par. 216b and ch. 111 1, par.
enter into agreements with the Governor of any State providing for dis-continuance of the regulatnry authority of the Comnission within the Statt under Chapters 6, 7, and 8, and Section 161 of the Act with respect to by-product raterials as defined in Sections 11e.(1) and (2) of the Act, source materials, and special nuclear naterials in quantities not sufficient to fom a critical mass; and, WHEREAS, the Governor of the State of Illinois is authorized under Illinois Revised Statutes, 1985, ch. 111 1, par. 216b and ch. 111 1, par.
241-19, to enter into this Agreement with the Comission; and, WHEREAS, the Governor of the State of Illinois certified or. October 2, 1986, that the State of Illir.cis (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and, WHEREAS, the Comission found on                   that the program of the State for the regulation of the materials covereo by this Agreenent is compatible with the Comission's program for the regulation of such materials and is adequate to protect the public health and safety; and, WHEREAS, the State and the Comission recognize the desirability and importance of cooperation between the Commission and the Stete in the fomulation of standards for protection against hazards of radiation an:' in assuring that State and Comission programs for protection against hazards of radiation will be coordinated and compatible; and, WHEREAS, the Comission and the State recognize the desirability of reciprocal recognition of licenses and exemptions from licet.c*ng of those materials subject to this Agreenent; and, UHEREAS, this Acreement is entered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, IT IS HERERY AGREED between the Comissicn and the Governor of tbc State, acting in behalf of the State, as follows:
241-19, to enter into this Agreement with the Comission; and, WHEREAS, the Governor of the State of Illinois certified or. October 2, 1986, that the State of Illir.cis (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and, WHEREAS, the Comission found on that the program of the State for the regulation of the materials covereo by this Agreenent is compatible with the Comission's program for the regulation of such materials and is adequate to protect the public health and safety; and, WHEREAS, the State and the Comission recognize the desirability and importance of cooperation between the Commission and the Stete in the fomulation of standards for protection against hazards of radiation an:' in assuring that State and Comission programs for protection against hazards of radiation will be coordinated and compatible; and, WHEREAS, the Comission and the State recognize the desirability of reciprocal recognition of licenses and exemptions from licet.c*ng of those materials subject to this Agreenent; and, UHEREAS, this Acreement is entered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, IT IS HERERY AGREED between the Comissicn and the Governor of tbc State, acting in behalf of the State, as follows:
t
t


2 ARTICLE I Subject to the exceptions provided in Articles II, IV and V, the Comi:sion shad discontinue, as of the effective date of this Agreement,         ;
2 ARTICLE I Subject to the exceptions provided in Articles II, IV and V, the Comi:sion shad discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7, 1
the regulatory authority of the Commission in the State under Chapters 6, 7,   1 end 8, and Section 16I of the fr.t with respect to the following:
end 8, and Section 16I of the fr.t with respect to the following:
A. ByprcductmaterialasdefinedinSection11e.(1)ofthaAct; B. Source materials; C. Special nuclear materials in cuantities not sufficient to form a critical mass; and, D. The land disposal of source, byproduct and special nuclear material received from other persons.                             ,
A.
ByprcductmaterialasdefinedinSection11e.(1)ofthaAct; B.
Source materials; C.
Special nuclear materials in cuantities not sufficient to form a critical mass; and, D.
The land disposal of source, byproduct and special nuclear material received from other persons.
i ARTICLE II This Agreemer.t does not provide for discontinuance of any authority and the Comission shall rttain authority and responsibility with respect to regulation of:
i ARTICLE II This Agreemer.t does not provide for discontinuance of any authority and the Comission shall rttain authority and responsibility with respect to regulation of:
A. The construction and operation of any production c,r utilization facility; B. The export from or import into the Un.ited States of byproduct, source, or special nuclear r.aterial, or cf any production or utilization facility;     ,
A.
C. The disposal into the ocean or sea of byproduct, source or special nuclear waste meterials as defined in regulations or orders of the Comission; D. The disposal of such other byproduct, source, or special nuclear material as the Comission from time to time determines by regulation or order should, becaute of the hazards or potential hazards thereof, not be so di:; posed of without a license from the Comission; and, E.
The construction and operation of any production c,r utilization facility; B.
The extraction or concentration of source material from source       l naterial ore and the management and disposal of the resulting         '
The export from or import into the Un.ited States of byproduct, source, or special nuclear r.aterial, or cf any production or utilization facility; C.
byproduct material.
The disposal into the ocean or sea of byproduct, source or special nuclear waste meterials as defined in regulations or orders of the Comission; D.
ARTICLE III This Agreement may be amended, upon application by the State and approval by the Corf,nission, to include the additional area specified in Article II, paragraph E, whereby the State can exert regulatory control over the materials stated therein.                                                       i
The disposal of such other byproduct, source, or special nuclear material as the Comission from time to time determines by regulation or order should, becaute of the hazards or potential hazards thereof, not be so di:; posed of without a license from the Comission; and, E.
                                                                                                                          }
The extraction or concentration of source material from source naterial ore and the management and disposal of the resulting byproduct material.
ARTICLE IV                                     i Notwithstanding this Agreement, the Comission may from time to time by rule, regulation or order, require that the manufacturer, processor, or           {
ARTICLE III This Agreement may be amended, upon application by the State and approval by the Corf,nission, to include the additional area specified in Article II, paragraph E, whereby the State can exert regulatory control over the materials stated therein.
i
}
ARTICLE IV i
Notwithstanding this Agreement, the Comission may from time to time by rule, regulation or order, require that the manufacturer, processor, or
{
l l
l l
, _ _ _ _ _ _ _ _ _ _ . _ . . . _                                                                                        i
i


3                                     l I
3 l
producer of any eouipment, device, comodity, or other product containing source, byproduct or special nuclear naterial shall not transfer possess 4rn or c(ntrol of such product except pursuant to a license or an exemptinn from licensing issued by the Corr:ission.
I producer of any eouipment, device, comodity, or other product containing source, byproduct or special nuclear naterial shall not transfer possess 4rn or c(ntrol of such product except pursuant to a license or an exemptinn from licensing issued by the Corr:ission.
ARTICLE V This Agreenent shall not affect the authority of the Comission under subsection 161 b. or 1. of the Act to issue rules, regulations or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material.
ARTICLE V This Agreenent shall not affect the authority of the Comission under subsection 161 b. or 1. of the Act to issue rules, regulations or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material.
ARTICLE VI The Comission will use its best efforts to cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Comission for protection against hazards of radiation and to assure that State and Comission programs for protection against hazards of radiation will be coordinated and compatible. The State will use its best efforts to cooperate with the Comission and other Agree-ment States in the fomulation of standards and regulatory prograns of the State and the Comission for protection against hazards of radiation and to assure that the State's program will continue to be compatible with the program of the Comission for the regulation of like materials. The State and the Conmission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensirg, inspection and enforcement policies and criteria, and to obtain the coments and assistance of the other party thereon.
ARTICLE VI The Comission will use its best efforts to cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Comission for protection against hazards of radiation and to assure that State and Comission programs for protection against hazards of radiation will be coordinated and compatible.
ARTICLE VII The Comission and the State agree that it is cesirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any Agreement State. Accordingly, the Comission and the State acree to use their best efforts to oevelop appre-priate rules, regulations and procedures by which such reciprocity will be dCCorded.
The State will use its best efforts to cooperate with the Comission and other Agree-ment States in the fomulation of standards and regulatory prograns of the State and the Comission for protection against hazards of radiation and to assure that the State's program will continue to be compatible with the program of the Comission for the regulation of like materials. The State and the Conmission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensirg, inspection and enforcement policies and criteria, and to obtain the coments and assistance of the other party thereon.
ARTICLE VIII The Comission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend all or part of this agreement and reassert the licensing and regulatory authority vested in it under the Act if the Comission finds that (1) such termination or suspension is required to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of Section 274 of the Act. The Comission may also, pursuant to Section 274j of the Act, temporarily suspend all or part of this Agreement if in the judgment of the Comission, an emergency sitt,ation exists requiring immediate action to protect public health and safety and the State has failed to take necessary steps. The Comission I
ARTICLE VII The Comission and the State agree that it is cesirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any Agreement State.
shall periodically review this Agreement and actions taken by the State I         under this Agreement to ensure compliance with Section 274 of the Act.
Accordingly, the Comission and the State acree to use their best efforts to oevelop appre-priate rules, regulations and procedures by which such reciprocity will be dCCorded.
ARTICLE VIII The Comission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend all or part of this agreement and reassert the licensing and regulatory authority vested in it under the Act if the Comission finds that (1) such termination or suspension is required to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of Section 274 of the Act. The Comission may also, pursuant to Section 274j of the Act, temporarily suspend all or part of this Agreement if in the judgment of the Comission, an emergency sitt,ation exists requiring immediate action to protect public health and safety and the State has failed to take necessary steps. The Comission shall periodically review this Agreement and actions taken by the State I
I under this Agreement to ensure compliance with Section 274 of the Act.
d
d


ARTICLE IX This Agreement shall become effective on                   , and shall remain in effect unles; and until such time as it is teminated pursuant to Article VIII.
ARTICLE IX This Agreement shall become effective on
Dore at                               , in triplicate, this     day of FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
, and shall remain in effect unles; and until such time as it is teminated pursuant to Article VIII.
                                                                            , Chaiman FOR THE STATE OF ILLINDIS Governor 1
Dore at
, in triplicate, this day of FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
, Chaiman FOR THE STATE OF ILLINDIS Governor 1


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                                                                                                  .I ENCLOSURE B 4
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=mg                                           ___      .
=mg Tsderal Registst / Vol. 52. No.13 / Wedneeday. January 21. 1987 / Notices 2310
Tsderal Registst / Vol. 52. No.13 / Wedneeday. January 21. 1987 / Notices                                               ^; ,
^;
2310 more of the fomgoing materials but not avuum: Notice is hereby given that                                   relinquish and the Stats would assume
avuum: Notice is hereby given that relinquish and the Stats would assume more of the fomgoing materials but not the U.S. Nuclear Regulatory Commission certain regulatory authority pursuant to containing uranium and thorium mill la pubhshing for public comment the section U4 of the Atomic Energy Act of tailings (byproduct material as defined NRC staff assessment of a proposed 1954. as amended.
  .                                                                                                                            containing uranium and thorium mill the U.S. Nuclear Regulatory Commission certain regulatory authority pursuant to                                           tailings (byproduct material as defined section U4 of the Atomic Energy Act of la pubhshing for public comment the                                                                                       In section 11e.(2) of the Act.Re State NRC staff assessment of a proposed                                   1954. as amended.                                                                                       !
In section 11e.(2) of the Act.Re State Section 274e of the Atomic Energy Act does not wish to assurne authenty over agreemenfreceived from the Governor of 1954. as amended. requires that the arardum recovery activities.ne State.
Section 274e of the Atomic Energy Act does not wish to assurne authenty over agreemenfreceived from the Governor                                   of 1954. as amended. requires that the               arardum recovery activities.ne State.             {>
{
of the State ofIllinois for the assumption                                                                                 however. reserves the right to apply at a terms of the proposed agreement bs                                                                      l of certain of the Commission's                                        published fer public comment onca each future date to NRC for an amended                               I regulatory authority persuant to section                                                                                  speement to assume authority in this 274 of the Atomic Energy Act of1954, as                               week for four consecutive weeks.
of the State ofIllinois for the assumption of certain of the Commission's terms of the proposed agreement bs however. reserves the right to apply at a l
Accordingly, this notice will be                     area.The nine articles of the proposed           f amended. Comments are requested on published four times in the Todaral                 sprement cover the following areas:
regulatory authority persuant to section published fer public comment onca each future date to NRC for an amended I
the public beslth and safety aspects of                                                                                       L IJsts the materials covered by the Registar.
week for four consecutive weeks.
the proposal.                                                                                                              areement.
speement to assume authority in this 274 of the Atomic Energy Act of1954, as Accordingly, this notice will be area.The nine articles of the proposed f
A staff assessment of the State's                             L Background                                             H. Lista the Commission's continued proposed program for control over                                         A Section 274 of the Atomic Energy             author''y and responsibility for certain         I scurces of radiation is set forth below as Act of 1054, as amended. provides a                                           activities.
amended. Comments are requested on published four times in the Todaral sprement cover the following areas:
supplementary information to this                                   mechanism whereby the NRC may                           11 1. Allows for future amendment of notice. A copy of the proposed                                       transfer to the States certain regulatory           the speement.
the public beslth and safety aspects of L IJsts the materials covered by the the proposal.
agreement. propam narrative. Including                               authority over agreement materials :                   IV. Allows for certain regulstory the referenced appendices, apNeable when a State desires to assume this                 changes by b Commissics State legislation and lilinois regt..ations,                         authorny and the Govemor certifies that                 V. References the ccatinued is available for pubhc inspection in the                             the State has an adequste regulatory                 authority of the Comrnission for Commission's public document room at                                                                                       common defense and security for pro ram, and when the Commission 1717 H Street NW.. Washingtoa DC. the                                 fin a that the State's propam la                         f       rd Commission's Region ill Ofhce. 799                                   compatible with that of the NRC and is               **f8""p[80d',s               dfm M h Roosevelt Road. Buildmg No.4. Glen                                                                                                                                         },
Registar.
adequate to protect the public health               Comnu.ssion and the Sts'e to achieve Ellyn' Ulinois. and the Illmois                                     and safety. Section U4g directs the                       rdinated and compatible preparrs.
areement.
e Departmint of Nuclear Safety.1035                                   Commission to coop rate with the                         Vit Recofr.izes reciprocity of Outer Park Drive. Springfield. IJ1inois.
A staff assessment of the State's L Background H. Lista the Commission's continued proposed program for control over A Section 274 of the Atomic Energy author''y and responsibility for certain scurces of radiation is set forth below as Act of 1054, as amended. provides a activities.
States in the formulation of standards               licerms issued by the respective                 4 Exemptions from the Commission's                                     for protection against radiation hazards                                                             f 88 "2 C2 "'
I supplementary information to this mechanism whereby the NRC may 11 1. Allows for future amendment of notice. A copy of the proposed transfer to the States certain regulatory the speement.
regulatory su hority, which would                                     to assure that State and Comnussion in!ement this proposed agreemen.                                                                                             Vht Sets forth cnteria for                  {
agreement. propam narrative. Including authority over agreement materials :
have been publ'shed in the Fedem programs for radistion protection will be tuminst!an or cuspmim d the                               j coordinated and compeuble. Further.                 a gmment, Register and codified as Part 150 d 4he                              section 274) provides that the Commission's regulations in Title 10 of                                                                                       IX. Specifies the effective date of Commission shall periodically review                 the speement.
IV. Allows for certain regulstory the referenced appendices, apNeable when a State desires to assume this changes by b Commissics State legislation and lilinois regt..ations, authorny and the Govemor certifies that V.
References the ccatinued is available for pubhc inspection in the the State has an adequste regulatory authority of the Comrnission for Commission's public document room at pro ram, and when the Commission common defense and security for 1717 H Street NW.. Washingtoa DC. the fin a that the State's propam la f
rd Commission's Region ill Ofhce. 799 compatible with that of the NRC and is
**f8""p[80d',s dfm M h
}
Roosevelt Road. Buildmg No.4. Glen adequate to protect the public health Comnu.ssion and the Sts'e to achieve Ellyn' Ulinois. and the Illmois and safety. Section U4g directs the rdinated and compatible preparrs.
e Departmint of Nuclear Safety.1035 Commission to coop rate with the Vit Recofr.izes reciprocity of Outer Park Drive. Springfield. IJ1inois.
States in the formulation of standards licerms issued by the respective 4
Exemptions from the Commission's for protection against radiation hazards 88 "2 C2 "'
f regulatory su hority, which would to assure that State and Comnussion Vht Sets forth cnteria for
{
in!ement this proposed agreemen.
programs for radistion protection will be tuminst!an or cuspmim d the j
have been publ'shed in the Fedem Register and codified as Part 150 d 4he coordinated and compeuble. Further.
a gmment, Commission's regulations in Title 10 of section 274) provides that the IX. Specifies the effective date of Commission shall periodically review the speement.
the Code of Federal Regulations.
the Code of Federal Regulations.
such agreements and actions taken by                   C. UL Rev. Stat.1985 ch 127, par.           I DATE: Comments must be received on or                               the States under the agreementt *o                                 ena                   '
such agreements and actions taken by C. UL Rev. Stat.1985 ch 127, par.
before January k.1987 ' .                                           e    ure cornpliance with the previsions                   7[,   p,      n'8 i 1      nr sfety Acomissts: Written comments may be                                   O                                                  authorizes the Department to issue submitted to the Rules and Procedures                                   B.1 a et er' dated October 2.106s'                 cens          nd e m           etto s o if                  of    hstrat on$$ uer                    e}o{ljmes P.Thom   "        son o b                 ,
I DATE: Comments must be received on or the States under the agreementt *o ena before January k.1987 '.
pmposed agreement syd otherwise Regulatory Cornmission. Washi gtort                                                               n agree ent                                       m
ure cornpliance with the previsions 7[,
                                                          .7 r'y$and Commission e r in p unnt to a tion 274 of                   o]tjlra   ,,
n'8 i nr sfety e
1 ei e e t Ro Nations! Bank Building. Bethesda,
p, 1
[a                                        radiation protection were adopted on amended.The Go temor certifbd that                 September 25.1986 under autbonty of Maryland from 8.15 a.m.to 5:00 p.m.                                 he State of Ulinch has a propam for               the enabling siatute and provide Monday through Friday. Copies of                                 control of rsdiation herstds which is               sta ndards. licensing. inspection.
Acomissts: Written comments may be authorizes the Department to issue O
comments received may be examined at                             ad                       th     blic h alth         enforcement and administrative the NRCPub c cument Room.1717 H                                   an      afet     t respect o the materia!?         procedures for speement and non-Stmt                           . s gin D                     within Be State covered by the                       agreement mettrials. Pursuant to eon runTHan twoaMAT104 COMTACT.                                   proposed agreement, and that the State             $ 330.380 the regulations will apply to loel O.Lubenau. Office of State                                 of !!1inois desires to assume regulatory           speement materials on the effective Programs. U.S. Nuclear Regulatory                               responsibility for such materials. The             date of the agreement.The regulations Commission. Wsshington. DC 20555.                               text of the proposed agreement is abown provide for the State to license and telephone: 301-492-0887                                       in Appendix A.                                     inspect users of naturally occurring and settutwtAmy tooRh4AT)O9C                                           The epecific authority requested is for         accelerator-produced radioactive               ,
submitted to the Rules and Procedures B.1 a et er' dated October 2.106s' nd e m etto s o cens e}o{ljmes P.Thom son o b hstrat on$$
Assessment of Propored1Hinois                                 (1) byproduct material as defined e.               matuiale.                                     l Program to Regulate Ceetain Radioactive section11e.(1)of the Act.(2) source                                           D. Illinois is one of two States with a   1 material. (3) special nuclear materiali.a           cabinet-level agency devoted                 I Materials Pursusnt to section 274 of the Atomic Energy Act of1954. as amended. quantitles not aufficient to form a                                         exclusively to radiation safety and           i critical mass and (4) permane nt dieposal control. Illinolv role in radiation safety             {
uer if of pmposed agreement syd otherwise Regulatory Cornmission. Washi gtort Commission e r in n agree ent m
The Commission has received a                      oflow.!avel waste containing one oc                                                             i is traceable to 1955 when the Illinois I                 proposal from the Govemor of Illinois ipt the State to enter into an agreement                                                                         U"'IM' M C#*'d N M0dC Power Investigating Comminsion. The with the NRC whereby the NRC would                           ~ . A tyrm6ct mai, net. .. d.r. red in stett)
1 p unnt to a tion 274 of o]tjlra
: a. eypmtet metais s. der.r.d in :t.<a;           Illinois Department of Nuclear S,afety       ;
.7 r'y$and
C some 'naimt.. ud                               Program provides a comprehensae su the prmens document m which the             D. trecal nw.ies, ma ten 14 in qmm n no, mcan, pesa. tory commwan remu sh.                                                                               program encompa esing radiation nmcnnt to fans e cnncat awu comnwei dudhne.                                                                                                                                               I i
[a ei e e t Ro Nations! Bank Building. Bethesda, amended.The Go temor certifbd that radiation protection were adopted on September 25.1986 under autbonty of Maryland from 8.15 a.m.to 5:00 p.m.
I f       - - - - _ _ _ _ _ _ _ . _ _ - _ .                      ._
he State of Ulinch has a propam for the enabling siatute and provide Monday through Friday. Copies of control of rsdiation herstds which is sta ndards. licensing. inspection.
comments received may be examined at ad th blic h alth enforcement and administrative the NRCPub c cument Room.1717 H afet t
respect o the materia!?
procedures for speement and non-an Stmt s gin D within Be State covered by the agreement mettrials. Pursuant to eon runTHan twoaMAT104 COMTACT.
proposed agreement, and that the State
$ 330.380 the regulations will apply to loel O.Lubenau. Office of State of !!1inois desires to assume regulatory speement materials on the effective Programs. U.S. Nuclear Regulatory responsibility for such materials. The date of the agreement.The regulations Commission. Wsshington. DC 20555.
text of the proposed agreement is abown provide for the State to license and telephone: 301-492-0887 in Appendix A.
inspect users of naturally occurring and settutwtAmy tooRh4AT)O9C The epecific authority requested is for accelerator-produced radioactive Assessment of Propored1Hinois (1) byproduct material as defined e.
matuiale.
l Program to Regulate Ceetain Radioactive section11e.(1)of the Act.(2) source D. Illinois is one of two States with a 1
Materials Pursusnt to section 274 of the material. (3) special nuclear materiali.a cabinet-level agency devoted I
Atomic Energy Act of1954. as amended.
quantitles not aufficient to form a exclusively to radiation safety and i
The Commission has received a critical mass and (4) permane nt dieposal control. Illinolv role in radiation safety
{
proposal from the Govemor of Illinois oflow.!avel waste containing one oc is traceable to 1955 when the Illinois i
I ipt the State to enter into an agreement U"'IM' M C#*'d N M0dC with the NRC whereby the NRC would
~. A tyrm6ct mai, net... d.r. red in stett)
Power Investigating Comminsion. The
: a. eypmtet metais s. der.r.d in :t.<a; Illinois Department of Nuclear S,afety C some 'naimt.. ud Program provides a comprehensae su the prmens document m which the D. trecal nw.ies, ma ten 14 in qmm n no, program encompa esing radiation mcan, pes. tory commwan remu sh.
nmcnnt to fans e cnncat awu a
comnwei dudhne.
I i
I f


2312'                                                   Fadsral Register / Vol. 52. No. 23 / Wednesday. Jannery 21, 1987 r/. Notices autho:lly inspections as per to C!R 19.                                       essentially uniform with those of to Cm recalved radiation exposu e in excess of
2312' Fadsral Register / Vol. 52. No. 23 / Wednesday. Jannery 21, 1987 /. Notices r
                * .Section 19.16 and to be represer.ted .                                                 Part 20. Waste transfer and manifest                 the prescribed limits.                       j during inspections as specified in                                           system requirements for transfer of                     The Illinois regulations require the Section 19.14 of to CFB 19.                                                   waste for ultimate disposal at a land               following records and reports licensees The Illmois regulation contain.b                               disposal facility are includcd in the               and registrants:
autho:lly inspections as per to C!R 19.
requirements for instruction and nctices                                       !!!inois regulations.The waste disposal                 (a) Recorde covering personnel           ]
essentially uniform with those of to Cm recalved radiation exposu e in excess of
to workers that are uniform with those                                       requirements include a waste                         radistion exposures, radiation surveys.
* Section 19.16 and to be represer.ted.
of 10 CFR Part 19.                                                             classification scheme and previsions for and disposals of materials.
Part 20. Waste transfer and manifest the prescribed limits.
j during inspections as specified in system requirements for transfer of The Illinois regulations require the Section 19.14 of to CFB 19.
waste for ultimate disposal at a land following records and reports licensees The Illmois regulation contain.b disposal facility are includcd in the and registrants:
requirements for instruction and nctices
!!!inois regulations.The waste disposal (a) Recorde covering personnel
]
to workers that are uniform with those requirements include a waste radistion exposures, radiation surveys.
of 10 CFR Part 19.
classification scheme and previsions for and disposals of materials.


==Reference:==
==Reference:==
321LL ADM. CODE Part                               weste form equivalent to that in to CFR                 (b) Records of receipt and transfer of 4%XL                                                                           Part 61.                                             materials.
321LL ADM. CODE Part weste form equivalent to that in to CFR (b) Records of receipt and transfer of 4%XL Part 61.
: 8. Storose. Ucensed radioactive                                   The !!!inois rqulations provide for                 (c) Reports concerning incidents matenalin storage shall be secured                                           land disposal of low-level radioactive               involving radioactive matenals.
materials.
aFainst unauthonzed removal.                                                 waste received from other persons                       (d) Reports to former employees of The Illinois regulations contam. a                             which are compatible with the             .
: 8. Storose. Ucensed radioactive The !!!inois rqulations provide for (c) Reports concerning incidents matenalin storage shall be secured land disposal of low-level radioactive involving radioactive matenals.
their radiation exposure.
aFainst unauthonzed removal.
re utrement for security of stored                                             applicable technical definitions.                       (e) Reports to employees of their ra oa c'                                                                      perf rmance bjectives, technical                     annual radiation exposura.
waste received from other persons (d) Reports to former employees of The Illinois regulations contam. a which are compatible with the their radiation exposure.
p {,rence 32                          kDM. CODE              requirements and supporting sections                     (f) Reports to employees of radialion set ut n 0                                           exposure in excess of prescribed limits.
re utrement for security of stored applicable technical definitions.
R ioactive Waste Disposal. (al                  regulationselude  m,CG       Part 61.The provisions,  for        I!!inois
(e) Reports to employees of their p {,rence 32 kDM. CODE perf rmance bjectives, technical annual radiation exposura.
ra oa c' requirements and supporting sections (f) Reports to employees of radialion set ut n 0 exposure in excess of prescribed limits.
regulations m,CG Part 61.The I!!inois R ioactive Waste Disposal. (al elude provisions, for


==Reference:==
==Reference:==
32 ILL ADM. CODE 310.40.
32 ILL ADM. CODE 310.40.
Waste disposal by . material uvrs.The                                             andal snengunents 6                             mm 340m M4050 awl 400.130.
Waste disposal by. material uvrs.The andal snengunents 6 mm 340m M4050 awl 400.130.
standards for the disposal of r..licactive decontamination, closure and                                                               12. Additiona/ Requirements and rnsterials into the air. water and sewer
standards for the disposal of r..licactive decontamination, closure and
* stabilization. Under the Nuclear Waste               Exemptiens. Consistent with the overall and burialin the soil shall be in                                             Policy Act f 1982 (Pub. L 97--425) the.             cnteris here enumerated and to acecrdance with to CFR Part 20                                               financial arrangements for long-term                 accommodate special cases and Holders of radioactive material desiring                                                                                         circumstances, the State regulatory to re! ease or dispose of quantibes or
: 12. Additiona/ Requirements and rnsterials into the air. water and sewer
                                                                                                          **^".oring and maintenance at specific sites in Illm is will be subject to                 authority shall be authorized in concentrations of radioactive materials                                       Commission review and approval prior                 individual cases to impose additional in excess of prescribed limits shall be                                       to lllin is relieving the s,tei  operator of       requirements to protect hestth and required to obtain special permission                                         licensed responsibility.                             safety. or to grant necessary exemptions from the appropnate regulatory                                                  
* stabilization. Under the Nuclear Waste Exemptiens. Consistent with the overall and burialin the soil shall be in Policy Act f 1982 (Pub. L 97--425) the.
cnteris here enumerated and to acecrdance with to CFR Part 20 financial arrangements for long-term accommodate special cases and Holders of radioactive material desiring
**^".oring and maintenance at specific circumstances, the State regulatory to re! ease or dispose of quantibes or sites in Illm is will be subject to authority shall be authorized in concentrations of radioactive materials Commission review and approval prior individual cases to impose additional in excess of prescribed limits shall be to lllin is relieving the s,te operator of requirements to protect hestth and i
required to obtain special permission licensed responsibility.
safety. or to grant necessary exemptions from the appropnate regulatory


==References:==
==References:==
32 tLL ADM. CODE                     which will not jeopardize health and authoritydments                                       for transfer of waste for3+0 ".060. 340.3010 to 340. 3110. Ps rt 601t       safety.
32 tLL ADM. CODE which will not jeopardize health and authoritydments for transfer of waste for3+0 ".060. 340.3010 to 340. 3110. Ps rt 601t safety.
Requir                                                                                                                 The Illinois Department of Nuclear the purpose of ultimate disposal s: a                                        Section 151(al(2). Pub. L 97-425.
Requir Section 151(al(2). Pub. L 97-425.
                              !and disposal faci'ity (waste transfer                                          10. Regulations Coverning Shipment               Safety is authorized to impose upen any of Radioactive Materio/s. "Ihe St te                 licensee or registrant by rule. regulation.
The Illinois Department of Nuclear the purpose of ultimate disposal s: a
and maruht system) shall be in                                              shall to the extent of its jurisdiction             or order such requirements in addition accordance with 10 CFR Part 20.                                                                                                   to those established in the regulations as The waste disposal standards shall                           promulgate regulations applicab!e to the shipment of radioactive materials such               it deems appropriate or necessary to include a waste classification scheme                                                                                            minimize danger to public health and and provisions for waste form.                                             regulations to be corapatible with those applicable to waste generators. that is                                     established by the U.S. Department of               safety or property.
: 10. Regulations Coverning Shipment Safety is authorized to impose upen any
equivalent to that contamed in 10 CFR                                       Transportation and other agencies of the                
!and disposal faci'ity (waste transfer and maruht system) shall be in of Radioactive Materio/s. "Ihe St te licensee or registrant by rule. regulation.
shall to the extent of its jurisdiction or order such requirements in addition accordance with 10 CFR Part 20.
The waste disposal standards shall promulgate regulations applicab!e to the to those established in the regulations as include a waste classification scheme shipment of radioactive materials such it deems appropriate or necessary to and provisions for waste form.
regulations to be corapatible with those minimize danger to public health and applicable to waste generators. that is established by the U.S. Department of safety or property.
equivalent to that contamed in 10 CFR Transportation and other agencies of the


==Reference:==
==Reference:==
321LL ADM. CODE 3io.70.
321LL ADM. CODE 3io.70.
United States whose junsdiction over                   The Department may also grant such Part 61.
Part 61.
(b) Laad Disposal of waste received                         interstate shipment of such materials               exemptions from the requirements of the from other persons. The State shall                                         necessarily continues. State regulations           regulations as it determines are prcmulgate regulations containing                                           regarding transportation of radioactive             authonred by law and will not result in
United States whose junsdiction over The Department may also grant such (b) Laad Disposal of waste received interstate shipment of such materials exemptions from the requirements of the from other persons. The State shall necessarily continues. State regulations regulations as it determines are prcmulgate regulations containing regarding transportation of radioactive authonred by law and will not result in
                              , licensing requirements for Isnd disposal                                   materists must be compatible with 10                 undue hazard to public health and of radiwetive waste te elved from other CFR Part 71.                                                                             safety or property.
, licensing requirements for Isnd disposal materists must be compatible with 10 undue hazard to public health and of radiwetive waste te elved from other CFR Part 71.
persons which are compatible with th:                                         The Illinnia regulations are uniform                
safety or property.
persons which are compatible with th:
The Illinnia regulations are uniform


==Reference:==
==Reference:==
32 ILL ADM. CODE 310.30.
32 ILL ADM. CODE 310.30.
applicable technical definitions.                                           with those contained in NRC regulations to CFR Part ti.                                    Frior Evoluotion of Uses nf Radioactive performance objectives. technical                                                                                               Materials requirements and applicable supporting                                        
applicable technical definitions.
with those contained in NRC regulations Frior Evoluotion of Uses nf Radioactive performance objectives. technical to CFR Part ti.
Materials requirements and applicable supporting


==References:==
==References:==
32 ILL ADM. CODE Part sections set forth m .10 CFR Part 81.                                     341.                                                   13. Prior Evolvation ofHozords aniJ Adequate financial errar.gements (under                                       11. Records andReports. The State                 Uses. Ezeeptions. In the pesent state of tenns established by regulation) shall be regulatory program shall require that                                                 knowledge, it is necessary in regulating required of each waste disposal site                                       holder:   and users of radio 9etive               the poenession and use of byproduct.
32 ILL ADM. CODE Part sections set forth m.10 CFR Part 81.
materials (a) maintain records covering             source and special nuclear materials licensee to ensttre sufficient funds for decontamination. closure and                                               personnel     radiation exposures. radiation   that   the State regulatory authority stabilization of a disposal site.In                                       surveys, and diasposals of materials:(b) require the submission ofinformation addition. Agreement State financial                                       keep records of the receipt and transfer           on and evaluation of. the poter.tial arrangements for tong-term monitoring                                     of the materials:(c) report significant             hazards and the espability of th- user or and maintenance of a specific site must                                     incidents involving the materials. as         possessor   prior to his teceipt of the prescribed by the regulatory authority:             materials.This criterion is subject to be reviewed and approved by the Commission prior to relieving the site -                                   (d)make trailable upon request of a                 certain exceptions and to continuing i                                operator of licensed responsibility                                       former employee a report of the                     reappraisal as knowledge and I                                 (set; tion 151(a)(2). Pub. L 97--.425).                                   employee's     exposure   to radiation:(e) at     expedence in the atomic energy field The Illinois regulations contain                           request of an employee advise the                   increase. Prequently there are. and provittions relating to the disposal of                                   employee of his or her annuel radiation             increasingly in the future there may be.
341.
radioactive materials into the air, water                                 exposure: and (f) Inforrr. each employee           categories of mater:als and uses as to in writing when   the employee     has             which there is sufficient knowledge to acd sewer And burialin soil which are
: 13. Prior Evolvation ofHozords aniJ Adequate financial errar.gements (under
: n.               -
: 11. Records andReports. The State Uses. Ezeeptions. In the pesent state of tenns established by regulation) shall be regulatory program shall require that knowledge, it is necessary in regulating required of each waste disposal site holder: and users of radio 9etive the poenession and use of byproduct.
o                                                                     .
licensee to ensttre sufficient funds for materials (a) maintain records covering source and special nuclear materials decontamination. closure and personnel radiation exposures. radiation that the State regulatory authority stabilization of a disposal site.In surveys, and diasposals of materials:(b) require the submission ofinformation addition. Agreement State financial keep records of the receipt and transfer on and evaluation of. the poter.tial arrangements for tong-term monitoring of the materials:(c) report significant hazards and the espability of th-user or and maintenance of a specific site must incidents involving the materials. as possessor prior to his teceipt of the be reviewed and approved by the prescribed by the regulatory authority:
A Federal hglst:r / Vol. 52. No.13 / Wednesday. January 21, 1987 / Notice s                                 2313
materials.This criterion is subject to Commission prior to relieving the site -
  .'          permit possession and use without prior       In evaluating a proposal to use         is dependent upon the type and scope of evalustion of the hazards and the           agreement meterials, the !!!inois         the licensed activities and will be at capability of the possessor and user.       Department of Nuclear Safety will         least as frequent as inspections of These categories fallinto two groups-       determine that:                           similar licensees by NRC. Generally, those matenals and uses which may be           (1)The applicant is qual:fied by       inspections will be unannounced.
(d)make trailable upon request of a certain exceptions and to continuing operator of licensed responsibility former employee a report of the reappraisal as knowledge and i
completely exempt from regulatory           reason of training and experience to use      
I (set; tion 151(a)(2). Pub. L 97--.425).
employee's exposure to radiation:(e) at expedence in the atomic energy field The Illinois regulations contain request of an employee advise the increase. Prequently there are. and provittions relating to the disposal of employee of his or her annuel radiation increasingly in the future there may be.
radioactive materials into the air, water exposure: and (f) Inforrr. each employee categories of mater:als and uses as to acd sewer And burialin soil which are in writing when the employee has which there is sufficient knowledge to
 
n.
o A
Federal hglst:r / Vol. 52. No.13 / Wednesday. January 21, 1987 / Notice s 2313 permit possession and use without prior In evaluating a proposal to use is dependent upon the type and scope of evalustion of the hazards and the agreement meterials, the !!!inois the licensed activities and will be at capability of the possessor and user.
Department of Nuclear Safety will least as frequent as inspections of These categories fallinto two groups-determine that:
similar licensees by NRC. Generally, those matenals and uses which may be (1)The applicant is qual:fied by inspections will be unannounced.
completely exempt from regulatory reason of training and experience to use


==References:==
==References:==
32111 ADM. CODE controls, and those materials arad uses     the meterialin question foe the purpose   310.50. 310.60. 310.70 and 400.140(a);
32111 ADM. CODE controls, and those materials arad uses the meterialin question foe the purpose 310.50. 310.60. 310.70 and 400.140(a);
in which sanctions for misuse are           requested in accordance with the           Illinois Program State; ment. Section maintained without pre-evaluation of       regulations in such a manner as to         !!.B.1.(s)(2) " Inspection and the individual possession or use. In       minimize danger to public beslth and       Compliance." Section !!!C " Ins pection authorizing research and development         safety or propertyt                       and Enforcement" and Section IVE.
in which sanctions for misuse are requested in accordance with the Illinois Program State; ment. Section maintained without pre-evaluation of regulations in such a manner as to
or other activities involving .nultiple         (2)The applicant's proposed             " Division of Resporcsibilities."
!!.B.1.(s)(2) " Inspection and the individual possession or use. In minimize danger to public beslth and Compliance." Section !!!C " Ins pection authorizing research and development safety or propertyt and Enforcement" and Section IVE.
uses of radioactive materials, where an     equipment, facilities, and procedures are     17. /nspections Compulsory. Ucensees institution has people with extensive       adequate to ininimize danger to public     shall be under obligation by law to training and experience. the State         health and safety or property; and         provide access to inspectors.
or other activities involving.nultiple (2)The applicant's proposed
segulatory authority may wish to               (3)De issuance of the license will not     !!!inois regulations state that licensees provide a means for authorizing broad       be inimical to the health and safety of     shall afford the Department at all use of rnaterials without evaluating each the public.                                 reasonable times opportunity to inspect aptcific use.                                   Other special requirements for the sources of radiation and the premises Prior to the issuance of a specific     issuance of specificlicenses am and facilities whereia such sources of         i license for the use of radioactive         contained in the regulations.
" Division of Resporcsibilities."
radistion are used or stored.                 i materials, the Illinois Department of         
uses of radioactive materials, where an equipment, facilities, and procedures are
: 17. /nspections Compulsory. Ucensees institution has people with extensive adequate to ininimize danger to public shall be under obligation by law to training and experience. the State health and safety or property; and provide access to inspectors.
segulatory authority may wish to (3)De issuance of the license will not
!!!inois regulations state that licensees provide a means for authorizing broad be inimical to the health and safety of shall afford the Department at all use of rnaterials without evaluating each the public.
reasonable times opportunity to inspect aptcific use.
Other special requirements for the sources of radiation and the premises Prior to the issuance of a specific issuance of specificlicenses am and facilities whereia such sources of i
license for the use of radioactive contained in the regulations.
radistion are used or stored.
i


==References:==
==References:==
32 !!1 ADM. CODE 330.250 to 330.280 and Part 601:lllinois       
32 !!1 ADM. CODE materials, the Illinois Department of


==Reference:==
==Reference:==
3211L ADM. CODE 310.50.
3211L ADM. CODE 310.50.
Nuclear Safety will require the                                                             gg                   gjy g submission of information on, and will             am Statement. Sections 11.B.1.a(1) Inspection. Ucensees are entitled to be make an evaluation of, the potential           jenning Unt.(s) low. Incl and           advised of the results ofinspections arid
Nuclear Safety will require the 330.250 to 330.280 and Part 601:lllinois gg gjy g submission of information on, and will am Statement. Sections 11.B.1.a(1)
[LBi bt v , ste Management i
Inspection. Ucensees are entitled to be make an evaluation of, the potential jenning Unt.(s) low. Incl and advised of the results ofinspections arid i
hazards of such uses, and the capability                                               to notice as to whether or not they are in     '
hazards of such uses, and the capability
C      e8pp k. ant                             15. Human Use. De use of radioactive compliance.
[LB bt v,
i ste Management to notice as to whether or not they are in C
e8pp k. ant
: 15. Human Use. De use of radioactive compliance.


==References:==
==References:==
32111 ADM. CODE                                                             Following Department inspections.
32111 ADM. CODE materials and radiation on or in humans Following Department inspections.
materials and radiation on or in humans 330.240 to 330.240 and Part 601. Ilhno.is                                             each licensee will be notified in wntmg        l shall not be permitted except by Program Statement. Sections ILB.1(a)(1)                                               of the results of the inspection.The reperly qualified persons (normally Ucensing. I!C1(alt 3) ilegulating         [ censed physicians) possessing           letters and wntten notices indicate if the Low. Level, Waste Disposal and 11LB.       prescribed minimum experience in the       licer see is in compliance and if not. list Ocenskg.                                 use of radioisotopes or radiation.         the areas of noncompliance.
shall not be permitted except by each licensee will be notified in wntmg l
Provision is made for the frauance of
330.240 to 330.240 and Part 601. Ilhno.is Program Statement. Sections ILB.1(a)(1) reperly qualified persons (normally of the results of the inspection.The Ucensing. I!C1(alt 3) ilegulating
                                                                                                                                                    )
[ censed physicians) possessing letters and wntten notices indicate if the Low. Level, Waste Disposal and 11LB.
The Illinois regulations require that      
prescribed minimum experience in the licer see is in compliance and if not. list Ocenskg.
use of radioisotopes or radiation.
the areas of noncompliance.
)
Provision is made for the frauance of The Illinois regulations require that


==Reference:==
==Reference:==
Illinois Program Statement, generallicenses for byproduct. source       the use of radioactive matenals           Section !!.B.1.(a)(2)"Inspecuen and and special nuclear materials in           (including sealed sources) on er in       Compliance." Section Illa " Inspection situations where prior evaluation of the   humans shall be by a physician having     and Enforcement" and Section IVE.
Illinois Program Statement, generallicenses for byproduct. source the use of radioactive matenals Section !!.B.1.(a)(2)"Inspecuen and and special nuclear materials in (including sealed sources) on er in Compliance." Section Illa " Inspection situations where prior evaluation of the humans shall be by a physician having and Enforcement" and Section IVE.
licensee's qualifica uons. facilities,     substantial experience in the handling     " Division of Responsibilities."                 ,
licensee's qualifica uons. facilities, substantial experience in the handling
equyrnent and procedures are not           and administration of radioactive reconred. The regulations grant general                                               Enforcement material and, where applicable, the licenses under the same circumstances       clinical management of radioactive             19. Enforcement Possession and use as those under which generallicenses       patients.                                 of radioactive matenals should be are granted in the Commission's                
" Division of Responsibilities."
equyrnent and procedures are not and administration of radioactive Enforcement reconred. The regulations grant general material and, where applicable, the licenses under the same circumstances clinical management of radioactive
: 19. Enforcement Possession and use as those under which generallicenses patients.
of radioactive matenals should be are granted in the Commission's


==Reference:==
==Reference:==
32 Ili ADM. CODE           amenable to enforcement through legal regula tions.                                                                         sanctions, and the regulatory authority 330.280(a) (b). and (c).
32 Ili ADM. CODE amenable to enforcement through legal regula tions.
330.280(a) (b). and (c).
sanctions, and the regulatory authority


==References:==
==References:==
32111 ADM. CODE                                                         shall be equipped or assisted by law 330.210 and 330.220.                       la8PcClied                                 with the necessary powers for prompt ProviMon is made for exemption of           16. krpose. Trequency. De             enforcement.This mayinclude as certain surce and other radioactive         possession and use of radiosetive         appropriate, administrative remedies           l usterists and devices containing           materials shall be subject to inspection   looking toward issuance of orders radioactive materials. The exemptions       by the regulatory authority and shall be   requinns affirmative action or for materials covered by the Agreement     subject to the performance of tests as     svepension or revocation of the right tg are the same as those granted by NRC       required by the regulate,ry authotity,     possest and use materials. and the regulations.                               Inspection and testing is conducted to     impounding of materials: the cbtaining
32111 ADM. CODE shall be equipped or assisted by law 330.210 and 330.220.
la8PcClied with the necessary powers for prompt ProviMon is made for exemption of
: 16. krpose. Trequency. De enforcement.This mayinclude as certain surce and other radioactive possession and use of radiosetive appropriate, administrative remedies l
usterists and devices containing materials shall be subject to inspection looking toward issuance of orders radioactive materials. The exemptions by the regulatory authority and shall be requinns affirmative action or for materials covered by the Agreement subject to the performance of tests as svepension or revocation of the right tg are the same as those granted by NRC required by the regulate,ry authotity, possest and use materials. and the regulations.
Inspection and testing is conducted to impounding of materials: the cbtaining


==References:==
==References:==
32 IIL ABM. CODE             determine and to assist in obtaining       ofinJunctive relief; and the imposing of 330.30 and 330.40.                         compliarce with regulatory                 civil or criminal penaltics.
32 IIL ABM. CODE determine and to assist in obtaining ofinJunctive relief; and the imposing of 330.30 and 330.40.
: 14. Ero/uotion Criterio. In evaluatirg   tequirementa. Fre quency of inspection         The Illinois Department of Nuclear a proposal to use radioactive materials,   shall be reisted directly to the amount   Safety is equipped with the necessary the regulatory authorliy shall determine   6nd kind of material and type of           powers for prompt enforcement of the the adequacy of the applicant's facilities operation licensed. and it shall be         reg. !ations. Where conOtions exist that and safety equipment.his training and       adequate to insure compliance.             create a clear presence of a hazard to experience in the use of the materials         111inois materials licensees will bs   the public health that requires for the purpose requested, and his         subject to inspection by the Department   immediate action to protect human proposed administrative controls. States of Nucle 6r Safety. Upon instruction from health and safety. the Department may should develop guidance documents for       the Department. licensees shall perform   issue ordert to reduce, discontinue or i             use by license applicants.nis guidance     or permit the Department to perform       eliminate such conditions. ne                 '
compliarce with regulatory civil or criminal penaltics.
i l             should be consistent with NRC licensing     such reasonable tests and surveys as the department actions may also include and regulatory guide 6 for various         Department deems appropriate or           Impounding of radioactive meterial.
: 14. Ero/uotion Criterio. In evaluatirg tequirementa. Fre quency of inspection The Illinois Department of Nuclear a proposal to use radioactive materials, shall be reisted directly to the amount Safety is equipped with the necessary the regulatory authorliy shall determine 6nd kind of material and type of powers for prompt enforcement of the the adequacy of the applicant's facilities operation licensed. and it shall be reg. !ations. Where conOtions exist that and safety equipment.his training and adequate to insure compliance.
categories of licensed activities.         necessary. The frequency of inspections   impcsition of a civil penalty. revocation 1
create a clear presence of a hazard to experience in the use of the materials 111inois materials licensees will bs the public health that requires for the purpose requested, and his subject to inspection by the Department immediate action to protect human proposed administrative controls. States of Nucle 6r Safety. Upon instruction from health and safety. the Department may should develop guidance documents for the Department. licensees shall perform issue ordert to reduce, discontinue or i
1 t                                          -
use by license applicants.nis guidance or permit the Department to perform eliminate such conditions. ne i
E______________
l should be consistent with NRC licensing such reasonable tests and surveys as the department actions may also include and regulatory guide 6 for various Department deems appropriate or Impounding of radioactive meterial.
categories of licensed activities.
necessary. The frequency of inspections impcsition of a civil penalty. revocation t
1 1E______________


i 9.___ p m u m .                                   y         --
i 9.___ p m u m.
                                    -                    Fe<!rral R2gister / Vol. 52. No.13 / Wednesday, January 21. 1987 / Notices                                           2315 1977-197/:NationalTaiwan University.
y Fe<!rral R2gister / Vol. 52. No.13 / Wednesday, January 21. 1987 / Notices 2315
                                " Health Physics in Radiation                      " Transportation of Radioactive Materists." US NRC lilinois (1983)               Hospital. Pharmacy intem. Taipei.
" Health Physics in Radiation
Accidents." Dak Ridge Asaocfattd Universities, Terinessee (1979)                 " Current Applications of Nuclear                     Taiwan
" Transportation of Radioactive 1977-197/:NationalTaiwan University.
                                " Laser Safr.y Seminar." US Food and                   Imaging." Siemens Cammasonics. Inc.,         1977-1977:Pfizer Pharmaceutical lllinois (1981)
Accidents." Dak Ridge Asaocfattd Materists." US NRC lilinois (1983)
                                                                                                                -                        Company. Assistant Pharmacist Drug Admin., Wisconsin (1979)
Hospital. Pharmacy intem. Taipei.
* Radiological Response Operations                 " Nuclear Cardiology." Univ. of                       (intern). Tan Shul. Taiwan ROC Training Course." US NRC. Nevada
Universities, Terinessee (1979)
* Wisconsin. Wisconsin (1980)                       Y. David 4o Touche: Radioactive U878)                                               Experience:                                   Materials Ucense Reviewer. Division of
" Current Applications of Nuclear Taiwan
                              ~                                    '"            1982-Present: Ulinois Departmant of               Nuclear Materials. Performs reviews of lut$ons Unv            em                    Nuclear Safety                               radioactive materiallicense applications California California (1978)                   1973-1982:St. John's Hospital.                   and performs inspections of radioactive
" Laser Safr.y Seminar." US Food and Imaging." Siemens Cammasonics. Inc.,
                                " Radiological Onergency Response                       Springfield.111inois                         materials licensees.
1977-1977:Pfizer Pharmaceutical Drug Admin., Wisconsin (1979) lllinois (1981)
f Planning Course." US NRC Minnesota             1981:Unwoln Land Community College.                   Training:
Company. Assistant Pharmacist
pg77;                                               Springfield. Illinois (Instructor)           Ph.D.--Oregon State University (1981)
* Radiological Response Operations
'                                *He 2!th Physics and Radiation                                                                       -Radiation Biology
" Nuclear Cardiology." Univ. of (intern). Tan Shul. Taiwan ROC Training Course." US NRC. Nevada
'                                                                                    1973-1977:Nucleat Medicine Institute
* Wisconsin. Wisconsin (1980)
* Lotection." US NRC. Tennessee                       Ohio (Affiliate Instructor)                 M.S-Oregon State University (1978) 9g77)                                         1971-1973: Wesley Medical Center.                 -Biological Science
Y. David 4o Touche: Radioactive U878)
                                  " Fundamentals of Non.!onizing                                                                       B.S.--Concordia University. Montreal.
Experience:
Kansas Rudiation Protection." U.S. Food and Drug Administration. Maryland (1C*3)               fou-Cuons(JoelRwang:Uces 58                     Canada (1976)
Materials Ucense Reviewer. Division of 1982-Present: Ulinois Departmant of Nuclear Materials. Performs reviews of lut$ons
                                  "Ucensing Course-Byproduct. Source.               Section Head. Division of Nucleer                 --Biology
~
* and Special Nucleas Materials." US             Materials.Respon ble for supervising               "Special Topics in Ucensing:
Nuclear Safety radioactive materiallicense applications Unv em California California (1978) 1973-1982:St. John's Hospital.
NRC Maryland (1972)                             the review of radioactive material                   Contingency Plans." US NRC. San license applications.                                 Francisco. CA (1986)
and performs inspections of radioactive
Experience:                                                                                       " Health Physics and Radiation 1980-Present: IIHnois Department of                     Training-Protection " US NRC Oak Ridge.
" Radiological Onergency Response Springfield.111inois materials licensees.
Nuclear Safety                                 Ph.D.--Purdue University (1965)
f Planning Course." US NRC Minnesota 1981:Unwoln Land Community College.
* 1971 - 1980: Ilwls Department of Public -Health Phyeica                         .
Training:
Tenneesee (19661 MSpg.-University of South Caroline                " Uranium and Thorium: A Perspective Health. Division of Radiological on the Hazard." Radistion Safety Health                                             (1981)                                           As sociates. Inc., Springfield. Illinois 1970 - 1971: University of lows                   -Industrial Hygiene and Environmental Radiation Protection Offica                         Quality Assessmsnt                               (1986)
pg77; Springfield. Illinois (Instructor)
B.S.--National Taiw an University (1978) " Introduction to Ucensing Practices and Michoe/ Ewen: Chief. Division of                                                                      Procedures." US NRC Bethesda.
Ph.D.--Oregon State University (1981)
Nuclear Materials. Manages the                     -.-Pharmacy Division including supervision of staff             " Uranium and Thorium: A Perspective                 Maryland (1986) and establishment of program                           on the Hazard." Radiation Sdery                   Exp.edence:
*He 2!th Physics and Radiation 1973-1977:Nucleat Medicine Institute *
objectives.
-Radiation Biology Lotection." US NRC. Tennessee Ohio (Affiliate Instructor)
Asociates. Inc., Springfield. Enois                   Prom Emis Departe d Training-                                            0986)                                           Nuclear Safet "Extemal Dosimetry." Health Physica               1962-1986: Ores n State University.
M.S-Oregon State University (1978) 9g77) 1971-1973: Wesley Medical Center.
M.A.-Sangamon State Univerr.ity . IL                     Society. State College. Pennsylvania             Corvallis. Oregon Research Associate (1980)                                             0986)                                       1979-1981: Oregon Stste University.
-Biological Science
                                  -Business Administration                             " Introduction to Licensing Practices and             Corvallis. Oregon Graduate Research B.S.-University ofIowa 0971)
" Fundamentals of Non.!onizing Kansas B.S.--Concordia University. Montreal.
Procedures. US NRC Bethesda.                     Associate
Rudiation Protection." U.S. Food and Drug Administration. Maryland (1C*3) fou-Cuons(JoelRwang:Uces 58 Canada (1976)
                                  -Ceneral Science /Nucleat Medicine                                                                    1977-1979: Oregon State University.           ;
"Ucensing Course-Byproduct. Source.
g]C           d Thorium: A Perspective           "Me           Ua a Radionuclides for                 Cervallis. Oregon Gradua te. Teaching on the Hazard." Ra dis ti.on Safety                 State Regulatory Personnel" US NRC.
Section Head. Division of Nucleer
s  ates.Inc. Springfield.Illi ois             Os         Tenrtessee 0966)                     f - n tephenHsu Radioactive "Sptdal Topics in Ucenalng-                         19ao-Present: Illinois Department of                 *"      '#'          " " " ***
--Biology and Special Nucleas Materials." US Materials.Respon ble for supervising "Special Topics in Ucensing:
Contingency Plsns." US NRC San                     Nuclear Safety                               tr.dioactive meteriallicense applications Francisco.CA 096e)                                     1986. Purdue Un             radusta     and performs inspections of radioactae "In:ineration Ba sica." Univ. of                                 ng   tru               {                     ** # #'"
NRC Maryland (1972) the review of radioactive material Contingency Plans." US NRC. San license applications.
California. Irvine. Clarlotta. N.C                         ,      ts       Health             "". raining:
Francisco. CA (1986)
0986) g                                           M.S --Old Dominion University (19821
Experience:
                                    " Basic Supervision" Keys Productivity
1980-Present: IIHnois Department of Training-
* 19ejc39yPurdue University. Graduate Center. Springield. !!!inois (1986)                                                             --Norfolk. Virginia Research Instructor. School of He alth       -Physica
" Health Physics and Radiation Nuclear Safety Ph.D.--Purdue University (1965)
                                    , impact of Proposed Changer to M CFR                   sel 8      '                198019$ University of South Carolina. B.S.-Tam Kang college of Arts and in Cal                 aryland 9                   Crsduate Teaching Assistant.                     Seierces ortation o Radioactive                      Department of EnvironmentalHealta
Protection " US NRC Oak Ridge.
                                                                                                                                          -Physics "Trans;ials."
Tenneesee (19661 1971 - 1980: Ilwls Department of Public -Health Phyeica
Mater      US DOE. Illinois 0545)
" Uranium and Thorium: A Perspective Health. Division of Radiological MSpg.-University of South Caroline on the Hazard." Radistion Safety Health (1981) 1970 - 1971: University of lows
                                                            ." Richmond Staff Seg e.,c,e                                   " Introduction      to Air 1985)
-Industrial Hygiene and Environmental As sociates. Inc., Springfield. Illinois Radiation Protection Offica Quality Assessmsnt (1986)
Kansas City Minoun      Top (es." US F.PA 1m0-1980: University of South Carolina.
Michoe/ Ewen: Chief. Division of B.S.--National Taiw an University (1978) " Introduction to Ucensing Practices and Procedures." US NRC Bethesda.
                                    " Technical Development.11 Writinfinois (1985)                Graduate Research Assistant.
Nuclear Materials. Manages the
                                                                                                                                          "Heelth Physics and Radiation
-.-Pharmacy Division including supervision of staff
                                      " Health Physica and Radiation                                                                           Pidection." US NRC Cak Ridge.
" Uranium and Thorium: A Perspective Maryland (1986) and establishment of program on the Hazard." Radiation Sdery Exp.edence:
Department of EnvironmentalHealth Protection." Oak Ridge Associated                                                                   Tennenu D964)
Asociates. Inc., Springfield. Enois Prom Emis Departe d objectives.
Sciences                                     " Safety Aspects ofIndustrial Universities.Tenneuee (1985)                    197Ms7R The Church of Taipel.
0986)
                                      *Ca e and Oil Well Logging." US NRC                     Minister. Taipei, Taiwan                         Radiography for State Regulatory Texas 0984)                                                                                        Perr,or.nel." US NRC. Baton Rouge.
Nuclear Safet Training-
"Extemal Dosimetry." Health Physica 1962-1986: Ores n State University.
M.A.-Sangamon State Univerr.ity. IL Society. State College. Pennsylvania Corvallis. Oregon Research Associate (1980) 0986) 1979-1981: Oregon Stste University.
-Business Administration
" Introduction to Licensing Practices and Corvallis. Oregon Graduate Research B.S.-University ofIowa 0971)
-Ceneral Science /Nucleat Medicine Procedures. US NRC Bethesda.
Associate 1977-1979: Oregon State University.
g]C d Thorium: A Perspective "Me Ua a Radionuclides for Cervallis. Oregon Gradua te. Teaching on the Hazard." Ra dis ti.on Safety State Regulatory Personnel" US NRC.
f - n tephenHsu Radioactive ates.Inc. Springfield.Illi ois Os Tenrtessee 0966) s "Sptdal Topics in Ucenalng-19ao-Present: Illinois Department of Contingency Plsns." US NRC San Nuclear Safety tr.dioactive meteriallicense applications Francisco.CA 096e) 1986. Purdue Un radusta and performs inspections of radioactae "In:ineration Ba sica." Univ. of ng tru
{
"". raining:
California. Irvine. Clarlotta. N.C ts Health 0986) g
" Basic Supervision" Keys Productivity
* 19ejc39yPurdue University. Graduate M.S --Old Dominion University (19821 Center. Springield. !!!inois (1986)
Research Instructor. School of He alth
--Norfolk. Virginia
, impact of Proposed Changer to M CFR
-Physica sel 198019$ University of South Carolina.
B.S.-Tam Kang college of Arts and 8
in Cal aryland 9 Seierces Crsduate Teaching Assistant.
"Trans;ials." US DOE. Illinois 0545)
Department of EnvironmentalHealta
-Physics ortation o Radioactive
" Introduction to Air Top (es." US F.PA Mater
." Richmond Staff Seg e.,c,e Kansas City Minoun 1985)
" Technical Writinfinois (1985) 1m0-1980: University of South Carolina.
Development.11 Graduate Research Assistant.
"Heelth Physics and Radiation
" Health Physica and Radiation Department of EnvironmentalHealth Pidection." US NRC Cak Ridge.
Protection." Oak Ridge Associated Tennenu D964)
Sciences
*Ca e and Oil Well Logging." US NRC 197Ms7R The Church of Taipel.
" Safety Aspects ofIndustrial Universities.Tenneuee (1985)
Minister. Taipei, Taiwan Radiography for State Regulatory
'Ucensing Practices and Procedures."
1WM979: Yun-Fu Pharmaceutical Ltd.,
1WM979: Yun-Fu Pharmaceutical Ltd.,
                                      'Ucensing Practices and Procedures."                   Pharmacist. Taipei. Taiwan                       Louisiana (1964)
Perr,or.nel." US NRC. Baton Rouge.
Texas 0984)
Pharmacist. Taipei. Taiwan Louisiana (1964)
US NRC. Maryland 0964)
US NRC. Maryland 0964)


                                                                                                                                                        )
m
m    -
)
: 21. 1987 / No?Jces                       23q Foderal Register / Vol. 32. No.13 / Wednesday. January a, applications and performa inspections of
: 21. 1987 / No?Jces 23q Foderal Register / Vol. 32. No.13 / Wednesday. January "Ra df a t[on Thera py Workshop. Medical a, applications and performa inspections of 1hPresent minois Department of unear Accelerates." US Public radioactive materials hcansees.
          *                                            "Ra df a t[on Thera py Workshop. Medical 1hPresent minois Department of                                                                 radioactive materials hcansees.
Nuclear Safety Health Service. Chicago. Il!!nois (1951)
unear Accelerates." US Public                 Training-Nuclear Safety                                 Health Service. Chicago. Il!!nois (1951) 1984-1900; Univeralty of tews!!                 " Acceptance Testir:s of Radiological 1985. Brookhavec National Laboratory Graduate work toward M.S.--Colorado Imaging Equipment." American                   State University (1985)
Training-1984-1900; Univeralty of tews!!
Sca3 Oak %dge Netional Laboratory                   Association of Physicista in Medicine. -Univenity of Termessee (1982)
" Acceptance Testir:s of Radiological Graduate work toward M.S.--Colorado 1985. Brookhavec National Laboratory Imaging Equipment." American State University (1985)
Andrew S. Cu/crynsk/: Chicago                 American College of Radiology and         --Health Physics Inspection and Enforcement Section                   Godety for Radiological Engineering.       B.S.-Villanova University (1973)
Sca3 Oak %dge Netional Laboratory Association of Physicista in Medicine. -Univenity of Termessee (1982)
Head. Dinaion of Nudear Materials.                   Chicago. Illinois (1981)                   --Blolop Supervises Chicago offir.e materia!a             " Safety Aspects ofIndustrial                 Certificate--St. losepb*a Hospital and license inspectors.                                 Radiography for State Programs." US           Medical Center School of Nudear Tr"N                                           NRC Baton Rocre. toutsinna (19et)             Medicine Tedmology Patenon. New BS-Northeastern Illinola University               k ection F1ocdru," US NRC, Clen                 Jersey (1977) t.uyn. Illinola (1960)
Andrew S. Cu/crynsk/: Chicago American College of Radiology and
(1964
--Health Physics Inspection and Enforcement Section Godety for Radiological Engineering.
      '--Diolop "QvelNy Aarurance in Nuclear Medicine                       *1nspection Atlanta. Georgia   (1986) Procedures." US N Fin Week Health Ptryslca and                     Departments.** US Foed and Drva Adntinistration. Rockville. Maryland           Experience:
B.S.-Villanova University (1973)
Rediation Protection Couns. US NRC Oak Ridge.Tannessee (1986)                 g979;                                     1900-Present Illinois Depirtment of
Head. Dinaion of Nudear Materials.
                                                        " Radiological Emergency Response                Nudear Safety
Chicago. Illinois (1981)
        " Int ernal Dose As sessment." Tar.hnical           Operations Training Course for State Management Services. Ins hou                                                              1981-1984: Oak Ridge National and local Government Emergency                 Laboratory, Health and Safety 0984                                           Preparedness Personnal" FEMA. Las
--Blolop Supervises Chicago offir.e materia!a
                    '                                                                                      Re:earch Division. Senior Laboratory ateNels." US         b'iC*I8'Encie         Vegas. Nevada (1979)                           Technician
" Safety Aspects ofIndustrial Certificate--St. losepb*a Hospital and license inspectors.
                                                          %cial Pmcedures a CT Sanners"                 Ig791981: Oak R;dge National US Public Health service. Chicgo.            Labaratory. Biology Dwision.
Radiography for State Programs." US Medical Center School of Nudear Tr"N NRC Baton Rocre. toutsinna (19et)
          " hie calUses of Radionuclidris for Stste Regulatory Peceoonet" US NRC.           LLlinois (1976)                               Biological Technician Oak Ridea.Tennenee (19H)                   " Radiological Workshop." US Public
Medicine Tedmology Patenon. New BS-Northeastern Illinola University k ection F1ocdru," US NRC, Clen Jersey (1977) t.uyn. Illinola (1960)
          " Safety Aspects ofindustriaj                     HeaM Serwce. Cbcago. Emis 0970Einstein            1977-19m       Radiology Associates. Alb Medic,al Center. No. Dm: son.
(1964 "QvelNy Aarurance in Nuclear Medicine *1nspection Procedures." US N Atlanta. Georgia (1986)
Radiogref.by for Stato RegulatoryPenonne   Experience:
'--Diolop Departments.** US Foed and Drva Fin Week Health Ptryslca and Rediation Protection Couns. US Adntinistration. Rockville. Maryland Experience:
                                                                                  " US NRC Baton Nuclear    Rouge. Med one Technologist.
NRC Oak Ridge.Tannessee (1986) g979; 1900-Present Illinois Depirtment of
                                                                                                                                  "' I '* " # "
" Int ernal Dose As sessment." Tar.hnical
* Louisiana 0983) 19&Pruent hois Department of                  IN      N P'C Inc., Analytical Chemistry Technician Nuclear Safety
" Radiological Emergency Response Nudear Safety Management Services. Ins hou Operations Training Course for State 1981-1984: Oak Ridge National and local Government Emergency Laboratory, Health and Safety 0984 Preparedness Personnal" FEMA. Las Re:earch Division. Senior Laboratory ateNels." US b'iC*I8'Encie Vegas. Nevada (1979)
            *Inspectiot Procedures for State               igm 933. Illinois Depanment of Public.           /0^^ W COOPER Macager. Office of Regulatory Penormel." US NRC                   Health. Division of Radiological           Envirnnsental Safety. Provides Atlanta. Georgia (1983)                                                                   technical support tolhe Division of
Technician
* Radiological Emergency hesponse                 Health
%cial Pmcedures a CT Sanners" calUses of Radionuclidris for US Public Health service. Chicgo.
                              "                          19m97tk Oak Park Hospital. Nuclear             Nuclear Materials on an as needed Opereties, FEMA, Las Vegas-                   Medicine Technologist. Oak Park.           basis.
Ig791981: Oak R;dge National Labaratory. Biology Dwision.
Nevada 0983)                                   hois                                         Tra.ining-Ixperience:                               1972-1973: Oak Park Hospital. X-Ray 19&Present hols Departeent of                     Te.:hnelogist. Oak Park, hois             Ph&-.Uninnity oflowa 0970 Nudear Safety                                                                            --Radiation Biology 1982-1985:
" hie Stste Regulatory Peceoonet" US NRC.
Kanses Department of Health         Robin Gehrbord! Bouerr Radioact!ve Mi-University of lown 0966) and Environment. Bureau of Radistiu Materials Ucense Inspector. Performa-Marmacy ContmlTopeka. Kansas-                      reviews of radioactive materials licenseB.S-Drake University (1960) 1981-19et Argonne National                     applications and performa inspections of --Pharmacy Laboratory. Argonne. Illinois             radioactive materials licenaces.               "Industnal Ventilation Systems." OSHA 1977-1981:                                        Training:                                     Trabkg kawe. has 0983)
LLlinois (1976)
Univers,     Northeastern ity. Ch.cago. Encia blinola                                                  "Respirstor   Safety for CSHO's." OSHA MS-Emory University (1985)                      Training institute, Eooia (1982)
Biological Technician Oak Ridea.Tennenee (19H)
JohnD.Papendorf Radiocatin                 --Radiological Physica Materials License Inspector. Perfortria       B.S.-Univenity of Miami 0963)                   g,M reviews of radiactive materials limnse -Biology                                               1961-Present hols Department of applications and performs inspectiaca of " Health Physics and Radiation                         Nuclecr Safety radioactive materiafa licenaces.                   Protection." US NRC Oak R1dge.             1775-136t U.S. Nudear Regulatory TratT                                         T'"2"*** 0900)                               Commitslon, Region m. Inspector and N.M.T.--Oak Park Hospital (1975)                 Experience:                                   ILer% reviewer
" Radiological Workshop." US Public
                --Nudeat Medidna Technologist                                                                1971-1975: A!!cgheny General Medical igas-Present hols Depetment of                   Center. Radistion Biotagy Laboratory Certi$catiac                                 Nudeat Safety                                          University ofIowa. Radiation R.T.--Hines V A. Hospital (1972)                                                             19 % -1971:
" Safety Aspects ofindustriaj HeaM Serwce. Cbcago. Emis 0970 1977-19m Radiology Associates. Alb Einstein Medic,al Center. No. Dm: son.
                -X. Ray Technologist CertiScotion              1985-1965: Georgia Bsptist Hospital.             research and teaching A.S.--Central YMCA Collegv 0972)                 Internship,MedicalPbysica. Atlanta,           Apparco Devotar Chief. Division of
Radiogref.by for Stato RegulatoryPenonne " US NRC Baton Rouge.
                *InspectJoo of Transportation of                 Georgia                                    Medical Pbysica. Prcvides technica!
19&Pruent hois Department of I N N P'C
Radicaetin Mataria!a. U.S.NRL,,'           1985-1985 W Udvenity.X. Ray.                 suppon to the Division of Nuclear Clen Ellyn. Elinois (1985)                   Nudear Medicbs. Calibratkn.               Materials on a.n as needed baaia.
"' I '* " # "
                  ,,Nudear Tramsportatlon,for State               Atlanta. Georg's                               Trainbg atoryPerannal USNRC                 19893-19M:Loyola University.Research R                                            Technician. Maywwd. Esta                   Ph.D.--University of New Orleans (1975)-Physica
* Experience:
                  *Hara       a at ria T 1:In                    foonna      B. Kark  Radioactive          MS- University pf New Orteann Materfats U.S. DOE. Chica go, hois 0983)             License Inspector. Performs rvviews of           0972)--Phydes "Ra distion Safety " Northwestem             ndicactiva materials ticense UnJvenity.Evanston. Encis upe2)
Nuclear Med one Technologist.
Louisiana 0983)
Nuclear Safety Inc., Analytical Chemistry Technician
*Inspectiot Procedures for State igm 933. Illinois Depanment of Public.
/0^^ W COOPER Macager. Office of Regulatory Penormel." US NRC Health. Division of Radiological Envirnnsental Safety. Provides Atlanta. Georgia (1983)
Health technical support tolhe Division of
* Radiological Emergency hesponse 19m97tk Oak Park Hospital. Nuclear Nuclear Materials on an as needed Opereties, FEMA, Las Vegas-Medicine Technologist. Oak Park.
basis.
Nevada 0983) hois Ixperience:
1972-1973: Oak Park Hospital. X-Ray Tra.ining-19&Present hols Departeent of Te.:hnelogist. Oak Park, hois Ph&-.Uninnity oflowa 0970
--Radiation Biology Nudear Safety Kanses Department of Health Robin Gehrbord! Bouerr Radioact!ve Mi-University of lown 0966) 1982-1985:
and Environment. Bureau of Radistiu Materials Ucense Inspector. Performa-Marmacy reviews of radioactive materials licenseB.S-Drake University (1960)
ContmlTopeka. Kansas-1981-19et Argonne National applications and performa inspections of --Pharmacy Laboratory. Argonne. Illinois radioactive materials licenaces.
"Industnal Ventilation Systems." OSHA Training:
Trabkg kawe. has 0983)
Univers, Northeastern blinola 1977-1981:ity. Ch.cago. Encia MS-Emory University (1985)
"Respirstor Safety for CSHO's." OSHA Training institute, Eooia (1982)
JohnD.Papendorf Radiocatin
--Radiological Physica Materials License Inspector. Perfortria B.S.-Univenity of Miami 0963) g,M reviews of radiactive materials limnse -Biology 1961-Present hols Department of applications and performs inspectiaca of " Health Physics and Radiation Nuclecr Safety radioactive materiafa licenaces.
Protection." US NRC Oak R1dge.
1775-136t U.S. Nudear Regulatory TratT T'"2"*** 0900)
Commitslon, Region m. Inspector and N.M.T.--Oak Park Hospital (1975)
Experience:
ILer% reviewer 1971-1975: A!!cgheny General Medical
--Nudeat Medidna Technologist igas-Present hols Depetment of Center. Radistion Biotagy Laboratory Certi$catiac University ofIowa. Radiation R.T.--Hines V A. Hospital (1972)
Nudeat Safety 19 % -1971:
1985-1965: Georgia Bsptist Hospital.
research and teaching
-X. Ray Technologist CertiScotion A.S.--Central YMCA Collegv 0972)
Internship,MedicalPbysica. Atlanta, Apparco Devotar Chief. Division of
*InspectJoo of Transportation of Radicaetin Mataria!a. U.S.NRL,,'
1985-1985 W Udvenity.X. Ray.
Medical Pbysica. Prcvides technica!
Georgia Clen Ellyn. Elinois (1985)
Nudear Medicbs. Calibratkn.
suppon to the Division of Nuclear Materials on a.n as needed baaia.
,,Nudear Tramsportatlon,for State Atlanta. Georg's R
atoryPerannal USNRC 19893-19M:Loyola University.Research Trainbg Technician. Maywwd. Esta Ph.D.--University of New Orleans In foonna B. Kark Radioactive Materfats MS-University pf New Orteann (1975)-Physica
*Hara a at ria T 1:
U.S. DOE. Chica go, hois 0983)
License Inspector. Performs rvviews of 0972)--Phydes "Ra distion Safety " Northwestem ndicactiva materials ticense UnJvenity.Evanston. Encis upe2)


om                - _ _ _
Wa-5. - e.
a Wa-5. - e .                                                                                                                                                     l 21, 1957 / Notices                       2.319     ,
om a
Federal Register / Voi,52. No.13 / Wedn:sday, Janur.ry                                                                             i
l 21, 1957 / Notices 2.319 Federal Register / Voi,52. No.13 / Wedn:sday, Janur.ry i
  .                                                                                                            B.S.- Soothern mMn Untvenity (o)Stoffpreviouslyidentifiadio the                     (1979}-Geology M.S.--University of hois (1956)-                     materials or umniwn conntsion plant                 "Uranlurn and Thorium, A Perspective i
B.S.- Soothern mMn Untvenity (o)Stoffpreviouslyidentifiadio the (1979}-Geology i
Nudent Eupneering                               r.agulatory ontrightprograms (Sectiarr                 on the Hazard." Radiation Safety                 l J
M.S.--University of hois (1956)-
B1-Millikin Univerairy (1954)--                     20 a cadbt                                             Au ciatn. Springfield. illinois (19681 Physia/Mathemata                                   Michael H. Moment.Ubains Che.                   "Correctrve Actions for Containing and
materials or umniwn conntsion plant "Uranlurn and Thorium, A Perspective Nudent Eupneering r.agulatory ontrightprograms (Sectiarr on the Hazard." Radiation Safety J
* Management Education Workshop." 2. John W. Cooper.]ames F.Schweitzer.
B1-Millikin Univerairy (1954)--
Dept s,f Personnel. Champaign (1978)                                                                   Con           tl     Nat ona Water Well
20 a cadbt Au ciatn. Springfield. illinois (19681 Physia/Mathemata Michael H. Moment.Ubains Che.
      " international Symposium on Migration               (b/ O&trIDASSto/#                                     Association. Columbus, Ohio (1986)
"Correctrve Actions for Containing and
                    ""
* Management Education Workshop." 2.
* Robert A. Lommler: Chlef. D(vision"AofStandardized System for Evaluation International AtornbEnergy Agency.               Waste and Transportation. Has                         of Crmmdwster Pollution Potential responsibilities for implemendng the                   Using Hydrogeologe Setting."                 I Cahnia (1978)                                    Blinois U.W management act.
John W. Cooper.]ames F.Schweitzer.
        *Radiologeal Emergency Response                                                                            National Water Weu Anocation.
Nat ona Water Well Dept s,f Personnel. Champaign (1978)
supervises staff in the U.W progsm and                 Denver Colorado (1966)
Con tl
Opersdons
" international Symposium on Migration (b/ O&trIDASSto/#
* US NRC. Nevada (1W7) tramages the spent nucisar fual and U.W " Groundwater                                   Pollut$on and             "'
Association. Columbus, Ohio (1986)
        "Woriahop on CoUective Ba gaining for                shipment inspection program.                         Hydrology." Princeton & Assa:iates.
Robert A. Lommler: Chlef. D(vision of "A Standardized System for Evaluation International AtornbEnergy Agency.
Ptblic Employees." 2. Dept of                       Training:                                         Miami.no ida (1986)
Waste and Transportation. Has of Crmmdwster Pollution Potential Cahnia (1978) responsibilities for implemendng the Using Hydrogeologe Setting."
Personnel (tws)                                  BS--Kent Stats Univmity (1971).--                 " Engineering snd Design of Weste
I Blinois U.W management act.
* Administrative and Orgaturat! anal                      Chemistry                .
National Water Weu Anocation.
DisposalSysteens. CivilEngneering Behavior." D1. Dept. of PubHe Hedth               "10 CFR 61." US NRC Springfield                       Departmot. Colorsdo Stat 2
*Radiologeal Emergency Response Opersdons
                                                                  !!Unds   (1906)                                         ersity,'iort Collins. Colorsdo (1975)
* US NRC. Nevada (1W7) supervises staff in the U.W progsm and Denver Colorado (1966)
        " Professional Engineering Review.a                 "Incinerster Basics." Unfy. of CaRfornia, Univ, of E. (1974)                                                  '
"Woriahop on CoUective Ba gaining for tramages the spent nucisar fual and U.W " Groundwater Pollut$on and shipment inspection program.
                                                                                                                  ""Cro dwater Monitoring Workshop."
Hydrology." Princeton & Assa:iates.
ternal                                             nsportstion         111inois Department of Energy and "Rup nu d Stmetas e                                 "Radfon        vs      t ri Forces.Le Earthqualsa. Tornados.                     Workshop" US DOE. Chicago, hols Natural itesources. Champaign.
Ptblic Employees." 2. Dept of Training:
(3pg                                             hois (1984) etc " Penn. State Univ. (1958)                   ~20 CFR 61 Compliance." TMS ine                   '. Radiological Emergency Reeponse Experience:                                           Wa shington, D.C. (1964)                         Training for State and Local 19ao-Present: hois Department of                     " Radiological Protection Omcer                       Covernment Emergency Preparedness Nuclear Safety                                        Co                                                Pers nnel." FEMA. Nevada Test Site 1973-M80:Dlicois Department of PubUc                 *Che         "! Officer U S. AAmb(1978)anced Course -                                              '
Miami.no ida (1986)
ence:
* Administrative and Orgaturat! anal BS--Kent Stats Univmity (1971).--
att              Materials 196 -1973:Sangamo.WestonE12ctmaica                   "Tr e                                             1983-Pre:ent: hois Department tf Company. Springfield,ha                               by Air." US DOT (1972)                           Nuclear Safety 1985~127:Watinghouse Electric                       -Chedcal Omcer Baeic Course." U.S. 1981-1983: Mine Geologist. Atlas Company. Forre st Hills. Penneylv anla               Army (1971)                                       Miners!: Conoration. Moab. Utah
" Engineering snd Design of Weste Personnel (tws)
DisposalSysteens. CivilEngneering Chemistry Behavior." D1. Dept. of PubHe Hedth "10 CFR 61." US NRC Springfield Departmot. Colorsdo Stat 2 (1975)
!!Unds (1906) ersity,'iort Collins. Colorsdo
" Professional Engineering Review.a "Incinerster Basics." Unfy. of CaRfornia,
""Cro dwater Monitoring Workshop."
Univ, of E. (1974) ternal "Radfonvs t ri nsportstion 111inois Department of Energy and "Rup nu d Stmetas e Forces.Le Earthqualsa. Tornados.
Workshop" US DOE. Chicago, hols Natural itesources. Champaign.
(3pg hois (1984) etc " Penn. State Univ. (1958)
~20 CFR 61 Compliance." TMS ine
'. Radiological Emergency Reeponse Experience:
Wa shington, D.C. (1964)
Training for State and Local 19ao-Present: hois Department of
" Radiological Protection Omcer Covernment Emergency Preparedness Pers nnel." FEMA. Nevada Test Site
" U S. Amb(1978)anced Course -
Nuclear Safety Co 1973-M80:Dlicois Department of PubUc
*Che
! Officer A ence:
Materials 196 -1973:Sangamo.WestonE12ctmaica "Tr e att 1983-Pre:ent: hois Department tf Company. Springfield,ha by Air." US DOT (1972)
Nuclear Safety 1985~127:Watinghouse Electric
-Chedcal Omcer Baeic Course." U.S.1981-1983: Mine Geologist. Atlas Company. Forre st Hills. Penneylv anla Army (1971)
Miners!: Conoration. Moab. Utah


==Reference:==
==Reference:==
Dlinois Program Ststement.               Experience:                                   1sim Associste Mne Celopst.
Dlinois Program Ststement.
1984-Present hois Department of                       Ranchu's ExplesCon a Developmmt Section ID.D." Allied Chemical UrsniumNuclear Sa.fety                                                       Corporadon. Albuquerque.New Conversion facility." Appendix 5. and                                  US Amy.RadiadM Sdery Append'x 9," Current Agreement State                 1979-1983:                                           Medeo Omcer.Pt.Riley Kansas                         Inte junie Geolopst.Ranchni Sta ff Positions: Low.Ist el Ra dioactive1975-1978:US Ancy,y                           kim West           Exploration & Development Weste Managetment Program. Office of Cerms.ny                                           Comoratfon, Albuquerque.Ntw Ecrironmental Safe'y.
Experience:
1971-197kUS Army.Edgewood.                           g**iC*
1sim Associste Mne Celopst.
: c. Ucensing andRegulation of                           Msry1and                                           Shonnon M Mannigan. Geologst.
Section ID.D." Allied Chemical Ursnium 1984-Present hois Department of Ranchu's ExplesCon a Developmmt Conversion facility." Appendix 5. and Nuclear Sa.fety Corporadon. Albuquerque.New US Amy.RadiadM Sdery Medeo Append'x 9," Current Agreement State 1979-1983:
Permanens Oisposof ofLov.Lsni                           MichaelKlebe Nuclear Safety                     Reviews.f.nterpreto and evaluates           l Radioactive Waste                                     Engineer. Serves as technical resource           geolope hydrolope, physical and on U.W managetoent environmental                 environmental data reisted to L P"*"d                                                mblema, decommissioning and disposal           environmental tmpact design. locat,on.
Sta ff Positions: Low.Ist el Ra dioactive Omcer.Pt.Riley Kansas Inte junie Geolopst.Ranchni Weste Managetment Program. Office of 1975-1978:US Ancy,y kim West Exploration & Development Cerms.ny Comoratfon, Albuquerque.Ntw Ecrironmental Safe'y.
                  & Office of EnvironmentalSafery                   faciuty siting,                                   cor.struction and decommissioning of         l he a responsibility for the low.lsval                   Traintng.                                      I'        '
1971-197kUS Army.Edgewood.
f waste (U.W) mansgement regulatory                                                                         T'*i'k3                                  {
g**iC*
J                                                                   MA--Montana College of Mineral program which (scludes the ShzEeld                      Science and Technology (19M} -               Bi-Drale University (1878] Geology l              alte and the regonal wasis disposal i
: c. Ucensing andRegulation of Msry1and Shonnon M Mannigan. Geologst.
* Mining Engneering                             A.A.-Springfield Couege in hois facility.h asseesment of the f                                                                                                                         (1976}-Business regulatery framework is lacluded stnderBA-.Matana      Science andTec1 cod]e          ed ology (1980}-. Mineral  . Radiological Emergency Response,,
Permanens Oisposof ofLov.Lsni MichaelKlebe Nuclear Safety Reviews.f.nterpreto and evaluates Radioactive Waste Engineer. Serves as technical resource geolope hydrolope, physical and L P"*"d on U.W managetoent environmental environmental data reisted to mblema, decommissioning and disposal environmental tmpact design. locat,on.
J Criterion 9. "Radioacdvs Wasta                         M@     Engmeanng                                 FEMA. Nevada (19so) l              Disposal" b u W and transportation                                                                      -Groundwater Contaminant Trknsport 1
& Office of EnvironmentalSafery faciuty siting, cor.struction and decommissioning of he a responsibility for the low.lsval waste (U.W) mansgement regulatory Traintng.
management program 13 staffed by 13                   Experience.    .
I' f
Modaling." Prmcaton University, j
J program which (scludes the ShzEeld MA--Montana College of Mineral T'*i'k3
technical staff members. N Manager                   1905-.Present; hois Department M                     Princeton, New Jersey (1906)             l l
{
'                of the Office of EnvironmentalSafety                   Nuclear Safety                                 "A standardized System for Evalus.ing will provide overall npevision and                   19c-19sa:Sheu Madng Canpany.                         Grotmdwater Pouution Using manssement and the Chief of the Houston.               Ening Engineer Texas and F!k hart, hola.           Hydmgeologic Setting- Denver.
l alte and the regonal wasis disposal Science and Technology (19M} -
Omca's Division of Nucleat Chemistry                                                                     Colorado (1988) win provida isteratory scpport.                       DavidMynnr Geolog'at. Eva!ustes                 " Groundwater PoUution & Hydtclogy."     I Technical support will also be available geological and hydrologic factors                               Princeton Aarxistes. Pnnecton. New from the Division of Nuclear Matenals.               relating to LLW management.                         lersey (1986)
Bi-Drale University (1878] Geology Mining Engneering A.A.-Springfield Couege in hois i
                  %ese personnel and anmmades d their                   Training-                                                                                 I duties arr I
facility.h asseesment of the BA-.Matana cod]e e d Mineral f
I l                                                                                                                                                                 j
(1976}-Business regulatery framework is lacluded stnder Science andTec1 ology (1980}-.
. Radiological Emergency Response,,
J Criterion 9. "Radioacdvs Wasta l
Disposal" b u W and transportation M@ Engmeanng FEMA. Nevada (19so)
-Groundwater Contaminant Trknsport j
management program 13 staffed by 13 Experience.
Modaling." Prmcaton University, 1
technical staff members. N Manager 1905-.Present; hois Department M Princeton, New Jersey (1906) l of the Office of EnvironmentalSafety Nuclear Safety "A standardized System for Evalus.ing will provide overall npevision and 19c-19sa:Sheu Madng Canpany.
manssement and the Chief of the Houston. Texas and F!k hart, hola.
Grotmdwater Pouution Using Hydmgeologic Setting-Denver.
Omca's Division of Nucleat Chemistry Ening Engineer Colorado (1988) win provida isteratory scpport.
DavidMynnr Geolog'at. Eva!ustes
" Groundwater PoUution & Hydtclogy."
I Technical support will also be available geological and hydrologic factors Princeton Aarxistes. Pnnecton. New from the Division of Nuclear Matenals.
relating to LLW management.
lersey (1986)
%ese personnel and anmmades d their Training-duties arr I
l j


o 2321
o
: 21. 1987 / Notices l
: 21. 1987 / Notices 2321 l
Fed:ral Regist:r / Vol. 52. N .13 / Wedresday, January
Fed:ral Regist:r / Vol. 52. N.13 / Wedresday, January coordinating and assisting with the
                      =                                                                            coordinating and assisting with the
=
                ^                                      " Radon Training Seulon for State '
" Radon Training Seulon for State
direction of office programa.
' Comprehensive Hulth P6ysica."
    '"Comprehensive Hulth P6ysica."                       Personnal." US EPA                           Traldag-                      .
Personnal." US EPA direction of office programa.
Rockwell! international D985)                     Experience:                                                                                                  j
^
    **Biolo ical Effecia oflonizing                                         ofs Department of       B.A.--WeUealey CoUe2e (1981)
Rockwell! international D985)
                                                                  '#Ng                                     ,$,*etts Instit 3te of Techndogy.
Traldag-j
Sho             b 11 al h           )
**Biolo ical Effecia oflonizing Experience:
                                        ^'"                  -1  1 a en Atomic Electric               Department of Urban Studies and J
ofs Department of B.A.--WeUealey CoUe2e (1981)
n        ect ve A       n   d lon                                                           Planning (1982-1964)                                           f M: king for Radiological Emergency             int 5b$ vent o' kwell. Renarch                  nhenity of Hanover.%,ut Cumany i
'#Ng
Reactor Fac ity Health Physica Response." US NRC. FTMA (1980)                                                                 Department of Planning and Technician "EnvironmentalRadiation                               Michael V. Madom.o: Nuclear Safety           Architecture Ow1982)
,$,*etts Instit 3te of Techndogy.
Surveillance? Georgia Institute of Ase clate.Perf rms technicalduties           Additional coursework in decision                                 ;
Sho b 11 al h
Technology (1977)                                                          1 in ni             analysia fundamentals of radistion                             l
)
* Radiological Emergency Response Operations Training? US NRC.ERDA cggge a fa                                                     protection, basardous weste minimization
en Atomic Electric J
                                                                                                                                                                    ~
Department of Urban Studies and f
f U#7)                                             Tf81^188:                                                                                                   l
^'"
* Environmental Source Term Modeling." B.S.--University of filinois                                 Experience-
-1 1 a ect ve A n
* Unherai'y of Chicago. Argonne                   -Nucleat Engineering. Radiation               1%Present Illinois Department of National Laboratory (1971)                         Protection and Shielding                     Nuclear Safety
d lon int 5b$ vent o' kwell. Renarch Planning (1982-1964) n i
                                                          " Air Sampling for Radioactive               1G84: Parliamentary Research Service:                       !
M: king for Radiological Emergency Reactor Fac ity Health Physica nhenity of Hanover.%,ut Cumany Response." US NRC. FTMA (1980)
Department of Planning and "EnvironmentalRadiation Technician Surveillance? Georgia Institute of Michael V. Madom.o: Nuclear Safety Architecture Ow1982)
Technology (1977)
Ase clate.Perf rms technicalduties Additional coursework in decision 1 in ni analysia fundamentals of radistion l
Operations Training? US NRC.ERDA cggge a fa protection, basardous weste f
* Radiological Emergency Response minimization
~
U#7)
Tf81^188:
* Environmental Source Term Modeling." B.S.--University of filinois Experience-l Unherai'y of Chicago. Argonne
-Nucleat Engineering. Radiation 1%Present Illinois Department of National Laboratory (1971)
Protection and Shielding Nuclear Safety Experience:
" Air Sampling for Radioactive 1G84: Parliamentary Research Service:
1mPresent: Illinois Dspartment of Materials." Oak Ridge Apodated Bonn.Weet Germany Universities: Oak Ridge. Tennessee 1982-1984: Worked on a variety of Nucleat Safety (m86) projecas deating with policy 1973-19act Illinois De;;artment of Public "Pertonal Computtr Applications in develo;nnem and dispute resolu; ion in N''O Ulinois Environmental He alth Physica." 7MS. Inc.; Boston.
environmentalissues 19 MA 0988)
^8 Nudent-General Employee Tralning PdulE. Seidler: Nuclear Policy Analy:L Responsible for implementing AbdulKhalique: Nuclear Safety Scientist L Plans. imple/nents and (NCET). Commonwealth Edison.
Chicago. Ulinois 0985) the lilinois public participation plan.
p:rticipates in radioenslyt! cal programa.,, Radiation De'ection and also performs sa Usison with local Training:
Measurement-Advanced Course, govemed groups.
Ph.D.--Univenity of Birmingham.
Eberline Analytical Albuquerque, pedence.
England (1976). Analytical Chemistry New Mexico D985)
M.A.--University of Chicago 0966J M.S.--University of Karachi, Pakistan
* Fundamentals of Ground Weter
-Public Policy (1967). Chemistry Contamination." Cereghty & MiDer.
B.A.--Univenity of hois 0983)
B.S.-University of Karachi. Pakistan Chicago. Illinois (1985)
-Political Science. Ccamulaestions gg34)
Experience:
Experience:
1mPresent: Illinois Dspartment of                    Materials." Oak Ridge Apodated                Bonn.Weet Germany Nucleat Safety                                    Universities: Oak Ridge. Tennessee        1982-1984: Worked on a variety of 1973-19act Illinois De;;artment of Public            (m86)                                        projecas deating with policy "Pertonal Computtr Applications in              develo;nnem and dispute resolu; ion in N''O                                              He alth Physica." 7MS. Inc.; Boston.
Studies Quality Control Course. University of 1985-Present: Illinois Department of Urban & RetenalInfcrmation Systems Business Administration. University Nuclear Safety An:cauoa,1986 Annual Confertnce cf Karachi. Pakistan 19tW) 1h1984 (Summers):1111nois DsBO)
19            Ulinois Environmental                                                                environmentalissues
Experienca:
                          ^8                                MA 0988)                                      PdulE. Seidler: Nuclear Policy Nudent-General Employee Tralning AbdulKhalique: Nuclear Safety                                                                Analy:L Responsible for implementing Scientist L Plans. imple/nents and                  (NCET). Commonwealth Edison.              the lilinois public participation plan.
Department of Nuclear Ssfety Experience:
Chicago. Ulinois 0985) p:rticipates in radioenslyt! cal programa. ,, Radiation De'ection and                          also performs sa Usison with local Training:                                        Measurement-Advanced Course,              govemed groups.                                              .
1mPresentIllinois Deputment of Richard Wo!Aen Nuclear Policy 1mPresent Ulinois Cepsrtment of Analyst. Performs review and analysis Nudear Safety Nudear Safety Dr.pratment of Pharmacology. of Federal and State regulations.
Ph.D.--Univenity of Birmingham.                      Eberline Analytical Albuquerque,                  pedence.
University of C.;hicago Office 1981-1988:
England (1976). Analytical Chemistry              New Mexico D985)                          M.A.--University of Chicago 0966J M.S.--University of Karachi, Pakistan
Southern Ulinois University School of 1 6 1966:
* Fundamentals of Ground Weter                -Public Policy (1967). Chemistry                                Contamination." Cereghty & MiDer.          B.A.--Univenity of hois 0983)
Training-of the ComptroUer Ph.D--Purdue University 0976) 1985-1985: Illinois Burnu of the Budget MedicineClaxk Laboratories Sociology (Research Methods and 19644985: Compaas Health Plans 1975-1980:
B.S.-University of Karachi. Pakistan                  Chicago. Illinois (1985)                      -Political Science. Ccamulaestions gg34)                                            Experience:                                Studies Quality Control Course. University of             1985-Present: Illinois Department of         Urban & RetenalInfcrmation Systems Business Administration. University               Nuclear Safety                                 An:cauoa,1986 Annual Confertnce cf Karachi. Pakistan 19tW)                     1h1984 (Summers):1111nois                       DsBO)
(pakistan). Ltd.
Experienca:                                       Department of Nuclear Ssfety                 Experience:
Statiatica) 1984-1984:U.S. Senator Paul Sirnen 19664972. Opal Laboratories. Ltd.
1mPresentIllinois Deputment of                       Richard Wo!Aen Nuclear Policy             1mPresent Ulinois Cepsrtment of Nudear Safety                                  Analyst. Performs review and analysis           Nudear Safety 1981-1988: Dr.pratment of Pharmacology. of Federal and State regulations.                         1  6 1966: University of C.;hicago Office Southern Ulinois University School of             Training-                                     of the ComptroUer Medicine                                      Ph.D--Purdue University 0976)                 1985-1985: Illinois Burnu of the Budget 1975-1980: Claxk Laboratories                         Sociology (Research Methods and           19644985: Compaas Health Plans (pakistan). Ltd.                                 Statiatica) 19664972. Opal Laboratories. Ltd.                                                              1984-1984:U.S. Senator Paul Sirnen M.S.-Punius University (1974)                 1982-1582: Creative Research (Pakistan)                                     --Sociology                                       Anociates Melonic A.Homel: Health Phyalcist.             B.S.-Manetta College 0972)                     . Referrnce. Ulinois Program Sts'ement, Tunctions as a health physics specialist         -Sociology in the environmental monitoring                   Environmental Ra diation SurveiUanca.         (Section D.C.1.a) ''kw-W Wute Manager:ent." (Section U.C.t.b) division.                                            Harvard University. Massachusetts Tra6Ms.                                         I     centals of Radistion Safety?         [ h;         c         B1                         vel B.          t  rsity of f,owell.MA (1977).       "run                                         Radioactive Waste Mansgement RadaM Safety AuWatu D985)
M.S.-Punius University (1974) 1982-1582: Creative Research (Pakistan)
Program? and Appendic.:s 5 and 9 University of Lowell. MA 0977).                     Experience:                                   21. Conditions Appheoble to Special Environmental Monitoring and                 1965-Present Ulinois Department of           Nuclear Material. Source Meterial. ond Surveillance. Health Physics                   Nucleat Sefety                             Witium.Nothing in the State's Certification Review, Medical Haalth         19764984: Chairman, Department of             regulatory program shallinterfere with Physics                                         Sociology.Blar.kburn College,             the duties imposed on the holder of the
--Sociology Anociates Melonic A.Homel: Health Phyalcist.
* Environmental Law and the Citizen.-               Carlinnlle. Hunois                         materish by.the NRC. for example, the Sangemon State Univenity.                     1976-1978: Department of Soc, ology           duty to report to the NRC. on NRC Springfield, Illinois                           Muhlenberg Collega. AUentown.               prescribed forms 0) transfers of specia!
B.S.-Manetta College 0972)
              " Post. Accident Radiation Anessment.-             Pennsylvama                                 nuclear material, source material, and Northwestern University. Illinois               Teresa A. Adams: Nuclear Policy             tritium; and (2) periodic inventory data.
. Referrnce. Ulinois Program Sts'ement, Tunctions as a health physics specialist
* Radiation Protection Instrumentation."         Analyst. Performs ctaff functions Harvard University. Boston.MA i
-Sociology in the environmental monitoring Environmental Ra diation SurveiUanca.
(Section D.C.1.a) ''kw-W Wute division.
Harvard University. Massachusetts Manager:ent." (Section U.C.t.b)
Tra6Ms.
I centals of Radistion Safety?
[ h; c
B1 vel rsity of f,owell.MA (1977).
"run RadaM Safety AuWatu D985)
Radioactive Waste Mansgement B.
t Program? and Appendic.:s 5 and 9 University of Lowell. MA 0977).
Experience:
: 21. Conditions Appheoble to Special Environmental Monitoring and 1965-Present Ulinois Department of Nuclear Material. Source Meterial. ond Surveillance. Health Physics Nucleat Sefety Witium.Nothing in the State's Certification Review, Medical Haalth 19764984: Chairman, Department of regulatory program shallinterfere with Physics Sociology.Blar.kburn College, the duties imposed on the holder of the
* Environmental Law and the Citizen.-
Carlinnlle. Hunois materish by.the NRC. for example, the Sangemon State Univenity.
1976-1978: Department of Soc, ology duty to report to the NRC. on NRC Springfield, Illinois Muhlenberg Collega. AUentown.
prescribed forms 0) transfers of specia!
" Post. Accident Radiation Anessment.-
Pennsylvama nuclear material, source material, and Northwestern University. Illinois Teresa A. Adams: Nuclear Policy tritium; and (2) periodic inventory data.
* Radiation Protection Instrumentation."
Analyst. Performs ctaff functions Harvard University. Boston.MA i


4                                                                 ,
4
2323 F:deral Register / Vol. S2. No.13 / Wednesday. !anuary 21. 1987 / Notices nert regu! story control over the WHEREAS.the Commission and the applicable to tha proposedIllinois                   State recognize the desirability of                 materials stated therein.
: 21. 1987 / Notices 2323 F:deral Register / Vol. S2. No.13 / Wednesday. !anuary WHEREAS.the Commission and the nert regu! story control over the applicable to tha proposedIllinois State recognize the desirability of materials stated therein.
egreement.                                           reciprocal recognition of ifcenses and Deted at Bethesda. Maryland. this ath day AidcleIV axemptions tromlicensing of those                                                                                                       l af December 1986.                                   instenals subject to this Agreement:                   Notwithstanding this Agreement the Tor the U.S. Eclear Regdatory                                                                         Comm4sion may from time to time by                                                  '
egreement.
Comminion,                                          and'HEREAS, W                    this Agreement la entered ru!a regulation or order, require that the
reciprocal recognition of ifcenses and AidcleIV Deted at Bethesda. Maryland. this ath day axemptions tromlicensing of those af December 1986.
: c. Wayne Kerr.                                       into pursuaet to the provisions of the             manufacturer, processor, or producer of l
instenals subject to this Agreement:
Diivetor. Office ofStowmsman                         Atomic Energy Act of 1954. ss amended;             any equipment. device, commodity, or                                               i Appendix A-Proposed Agreement                          NOW.THEREFORE IT IS HEREBY                       other product containing sourcs' rial ecial nuclear es te                                          !
Notwithstanding this Agreement the l
B: tween the United States Nuclear                  AGREED between the Comrnission and                 byproduct         or afer' possession or control Regulatory Commission and the State of the Govemor of the State, acting in                               shallnot trans behalf of the State as follows:                     of such product except pursuant to a 1111aola for Discontinuance of Carten                                                                    Iicen88 or an *Remption frorn licensing Commission Regulatory Authority and                 Article 1                                                                     " ""
Comm4sion may from time to time by Tor the U.S. Eclear Regdatory and'HEREAS, this Agreement la entered ru!a regulation or order, require that the Comminion, W
Responsibility Within the State Pureuang Tc Section 274 of the Atomic Energy Act                 Subject tu the exceptions provided in                                                                                         -. l A/ficle V Articles II. IV and V. the Commission cf1954.as Amended                                    shall 6scontinue, as of the effective                 his Agreement shallnot aflect the WHEREAS, the United States Nuclear date of this Agreement the regulatory                             authority of the Commission under                                               t Regulatory Commission (hereinafter                   authon of the Commission in the State               educM61 br 1. of 6 M M im                                                         ;
: c. Wayne Kerr.
referred to as the Cc:nMuicn)is                     under . spters 6.7 and 8. e.nd Section             ,ge s.     . ations or orders to protect the                                 ,
into pursuaet to the provisions of the manufacturer, processor, or producer of l
j cuthorized under Section 274 of the a                161 of the Act with respect to tht,                 con.m defense and security. to pretect                                       '
Diivetor. Office ofStowmsman Atomic Energy Act of 1954. ss amended; any equipment. device, commodity, or i
Atom.ic EneFEY Act of t954.ss amendec-               gono,g"&                                           rntric'ed data of to 8 ard a8einst the (heremafter referred to as the Act) to                   A.Dyproduct resterial as defined in                       d snter into agreements with the Covemor section11e.(1)of the Act:                                         iys ch'iunion of special nuclear cf any State providing for                               B. Source materials:                                                                                                             l disc.ontinuance of the regvlatory                       C. Special nuclear materials in                 Article vi                                                                       J cuthority of the Commission within the               quantities not sufficient to form a                     The Commission will use its best State under Chapters 6. 7 and 8. and                 entical masa; knd.                                   efforts to cooperate with the State and                                       l Section 161 of the Act with res ect to                 D.The land disposal of sotree.                   othu Ag ummt Statu in the                                                       ,
NOW.THEREFORE IT IS HEREBY other product containing sourcs' rial Appendix A-Proposed Agreement AGREED between the Comrnission and byproduct or afer' possession or control ecial nuclear es te B: tween the United States Nuclear Regulatory Commission and the State of the Govemor of the State, acting in shallnot trans 1111aola for Discontinuance of Carten behalf of the State as follows:
byproduct materials as dehne in                     byproduct and special nuclear materitt               fonnulation of standards arid regulatory                                         l Sections 11e.(1) and (2) of the Act,                                                                                                                                                   '
of such product except pursuant to a Iicen88 or an *Remption frorn licensing Commission Regulatory Authority and Article 1 Responsibility Within the State Pureuang Tc Section 274 of the Atomic Energy Act Subject tu the exceptions provided in l
received from other persons.                                           '      '
A/ficle V cf1954.as Amended Articles II. IV and V. the Commission shall 6scontinue, as of the effective his Agreement shallnot aflect the WHEREAS, the United States Nuclear date of this Agreement the regulatory authority of the Commission under t
f courte materials and special nuclear                                                                                               n       Im                                             i matedals in quantitfes not sufficient to             ArticlJIl                                           hazards o! radiation and to assure that i
Regulatory Commission (hereinafter authon of the Commission in the State educM61 br 1. of 6 M M im referred to as the Cc:nMuicn)is under. spters 6.7 and 8. e.nd Section
form a gitical mata:sud.                                 This Apement does not prov' le for               State and Commission programs for                                               ;
,ge s.
WHEREAS, the Governor of the State               discontinuance of any authority and the p(otection J3ainst hazards of radiation of Illinoir la authorized under Illinois             Commission shall retain authority and               will be coordinated and compatible.The                                         l Revised S!stutes.1965, ch.111 %. par.               responsibility with rspect to regulation                                                                                           j 216b and ch.111 %. par. 241-19 to enter                                                                   State will use its best efforts to of:                                                 coopersts with the Commission and Into this Agreement with the                             A.%e constretion and operat:en of               other Agreement States in the Cotomission: and.                                     any production or utilization faelDty:             formulation of standards and reguletory                                       ,
. ations or orders to protect the j
WHEREAS, the Covernor of the State                   B.The export from or import bio the that ihe                                                            programs of the State and the efIllinois certified on                               United States of bypro fuct, source or             Commission for protection against State of Illinois (hereinafter referred to           special nuclear material, or of any                 hazards of radiation and to assure that                                       j as the State) has a program for the the State's program will continue to be control of radiation hazards adequate toC.The             production    or utilization facility:
cuthorized under Section 274 of the 161 of the Act with respect to tht, con.m defense and security. to pretect a
disposalic%e ocean or sea                                                                                             l compatible wit 1. the program of the protect the public health and safety with of byproduct, source or special nuclear                         Comminion for the regulation of like                                         l respect to the materials within the State covered by this Agreement, and that the              wssie     materials as definedin                   materials.ne State and the regulations or orders of the Commission: Commission will use their best efforts to Stats desires to assume regulatory                       D.The disposa! of such other responsibility for such meterials: and.                                                                   keep uch otherinformed of proposed byproduct, source, or special nucle ar               charges in their respective rules and WHEREAS. the Commission found on material as the Commission from time to regulations an6 bcensing. inspection and                                                                 )
Atom.ic EneFEY Act of t954.ss amendec-gono,g"&
                          - that the program of the State for       time determines by regulation or order               enforcement policies and criterie and to the regulatJon of the materials Bovered by this Agreement 15 compatible with                should.bause       of the hazards or               obtain the comments and assistance of the Commission's program for the                    por atia1 hazards thereof. not be so                 the other party thereon.
rntric'ed data of to 8 ard a8einst the (heremafter referred to as the Act) to A.Dyproduct resterial as defined in iys ch'iunion of special nuclear d
regulation of such materials and is                 dismedof      without  a11cenas    from  the      Afgjef, pff adequate to protect the public health               Comtninion: and.                          ,
snter into agreements with the Covemor section11e.(1)of the Act:
and sefety; and.                                          E.ne extraction or concentration of                 De Commission and the State agree l                                                                    source material from source material ore thaIit is desirable to provide reciprocal WHEREAS the State and the Commission recognize the desirability               and the management and disposal of the recognition of license: for the materials resulting byproduct material.                       listedin Article Ilicensed by the other and importance of cooperation between the Commission and the State in the                 A#fICI'III                                           party or by any Agreement State.
cf any State providing for B. Source materials:
formuistion of standards for protection                                                                   Accordingly, the Commission and the
l disc.ontinuance of the regvlatory C. Special nuclear materials in Article vi J
                                                                          %is Agreement may be amended.                   State agree to use their best efforts to                                   l rigainst hazards of rsdiation and in                 tpon application by the State and                                                                                              !
cuthority of the Commission within the quantities not sufficient to form a The Commission will use its best State under Chapters 6. 7 and 8. and entical masa; knd.
anuring that State and Commlulon .                                                                         develop appropriate rules. regulations approval by the Commission, to include              and procedures by which such programs for protection agalnat hazards . the additional area specified in Article of radiation will be coordinated and                                                                      reciprocity will be accorded.
efforts to cooperate with the State and l
II. paragraph E, whereby the State can compatible'. tend.
Section 161 of the Act with res ect to D.The land disposal of sotree.
othu Ag ummt Statu in the byproduct materials as dehne in byproduct and special nuclear materitt fonnulation of standards arid regulatory l
Sections 11e.(1) and (2) of the Act, received from other persons.
f courte materials and special nuclear n
Im i
matedals in quantitfes not sufficient to ArticlJIl hazards o! radiation and to assure that i
form a gitical mata:sud.
This Apement does not prov' le for State and Commission programs for WHEREAS, the Governor of the State discontinuance of any authority and the p(otection J3ainst hazards of radiation of Illinoir la authorized under Illinois Commission shall retain authority and will be coordinated and compatible.The l
Revised S!stutes.1965, ch.111 %. par.
responsibility with rspect to regulation State will use its best efforts to j
216b and ch.111 %. par. 241-19 to enter of:
coopersts with the Commission and Into this Agreement with the A.%e constretion and operat:en of other Agreement States in the Cotomission: and.
any production or utilization faelDty:
formulation of standards and reguletory WHEREAS, the Covernor of the State B.The export from or import bio the programs of the State and the efIllinois certified on that ihe United States of bypro fuct, source or Commission for protection against State of Illinois (hereinafter referred to special nuclear material, or of any hazards of radiation and to assure that j
as the State) has a program for the control of radiation hazards adequate to production or utilization facility:
the State's program will continue to be C.The disposalic%e ocean or sea compatible wit 1. the program of the l
protect the public health and safety with of byproduct, source or special nuclear Comminion for the regulation of like l
respect to the materials within the State wssie materials as definedin materials.ne State and the covered by this Agreement, and that the regulations or orders of the Commission: Commission will use their best efforts to Stats desires to assume regulatory D.The disposa! of such other keep uch otherinformed of proposed responsibility for such meterials: and.
byproduct, source, or special nucle ar charges in their respective rules and WHEREAS. the Commission found on material as the Commission from time to regulations an6 bcensing. inspection and
)
- that the program of the State for the regulatJon of the materials Bovered time determines by regulation or order enforcement policies and criterie and to should.bause of the hazards or obtain the comments and assistance of by this Agreement 15 compatible with por atia1 hazards thereof. not be so the other party thereon.
the Commission's program for the dismedof without a11cenas from the regulation of such materials and is Comtninion: and.
Afgjef, pff adequate to protect the public health E.ne extraction or concentration of De Commission and the State agree and sefety; and.
source material from source material ore thaIit is desirable to provide reciprocal l
WHEREAS the State and the Commission recognize the desirability and the management and disposal of the recognition of license: for the materials and importance of cooperation between resulting byproduct material.
listedin Article Ilicensed by the other the Commission and the State in the A#fICI'III party or by any Agreement State.
formuistion of standards for protection
%is Agreement may be amended.
Accordingly, the Commission and the tpon application by the State and State agree to use their best efforts to l
rigainst hazards of rsdiation and in approval by the Commission, to include develop appropriate rules. regulations anuring that State and Commlulon.
of radiation will be coordinated and the additional area specified in Article and procedures by which such programs for protection agalnat hazards.
II. paragraph E, whereby the State can reciprocity will be accorded.
compatible'. tend.


t
t l
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I s.
                                  .            I
        ..                  s.
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s
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                                                  )
s I
I i
i ENCLOSURE C l
ENCLOSURE C l
1.
1.
1 e
1 e


    ~
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Enclosure C Sumaries of Public Comegts and F:RC Staff Responses Comments 1 and 2 Letters dated January 7, 1987, and January 15, 1987 from Robert M.
Enclosure C Sumaries of Public Comegts and F:RC Staff Responses Comments 1 and 2 Letters dated January 7, 1987, and January 15, 1987 from Robert M.
Rader, Counsel for US Ecology, noting unavailability in the NRC H Street public document room of documents referenced in the Federal Register notice and requesting that the coment period be extended from 30 to 60 days. Mr. Rader stated that US Ecology, Inc. is currently a party to ;
Rader, Counsel for US Ecology, noting unavailability in the NRC H Street public document room of documents referenced in the Federal Register notice and requesting that the coment period be extended from 30 to 60 days. Mr. Rader stated that US Ecology, Inc. is currently a party to ;
proceeding before an NRC Atomic Safety and Licensing Board regarding tne low-level radioactive waste disposal site near Sheffield, Illinois.     ,
proceeding before an NRC Atomic Safety and Licensing Board regarding tne low-level radioactive waste disposal site near Sheffield, Illinois.
NRC Staft Response:
NRC Staft Response:
On January 27, 1987, G. Wayne Kerr, Director, OSP infomed Mr. Rader that documents referenced in the FR notice were made available for public inspection in the PDR on January 9,1987, that the coment period was extended to February 20, 1987 to accommodate public review of the     {
On January 27, 1987, G. Wayne Kerr, Director, OSP infomed Mr. Rader that documents referenced in the FR notice were made available for public inspection in the PDR on January 9,1987, that the coment period was extended to February 20, 1987 to accommodate public review of the
corrected FR notice, and that the staff had decided, after careful        '
consideration of the request, w+ to extend the 30 day comment period.
Coment 3 Letter dated January 29, 1987 from A. Eugene Rennels, Mayor, City of West Chicago, comenting on the classification of waste at the Kerr-McGee West Chicago Rare Earths Facility as section 11e.(2) byproduct material and on the request of Illinois to exclude this material from the provisions of the agreement, noting that under the proposed agreement Illinois would assume regulatory responsibility for off-site source material resulting from operation of the Kerr-PcGee West  j Chicago Rare Earths Facility (including off-site materiel which has been  1 or may be returned to the Kerr-McGee site), expressing the view that regulatory responsibility for the materiels located at the West Chicago Rare Earths F6cility site should not be divided between the State of Illinois and the NRC and requesting, u the alternative, either that the Comission disapprove the Agreement beceuse it does not include section    )
11e.(2) byproduct material, or that the classification of the materials in the City of West Chicago, both those located at the i(err-McGee West Chicago Rare Earths Facility site and those located off-site, be reassessed and detemined to be source material. The Mayor also requested that b'RC adopt as policy 'utain resolutions of the City of West Chicago concerning the radioactive materials at the Kerr-McGee Rare    l Earths Facility.
{
{
i l
corrected FR notice, and that the staff had decided, after careful consideration of the request, w+ to extend the 30 day comment period.
1 I Copies of the public coments are available for public inspection in the Comission's public document room at 1717 H Street N.W.,           i Washington, DC and the Comission's Region III Office, 799 Roosevelt         ,
Coment 3 Letter dated January 29, 1987 from A. Eugene Rennels, Mayor, City of West Chicago, comenting on the classification of waste at the Kerr-McGee West Chicago Rare Earths Facility as section 11e.(2) byproduct material and on the request of Illinois to exclude this material from the provisions of the agreement, noting that under the proposed agreement Illinois would assume regulatory responsibility for off-site source material resulting from operation of the Kerr-PcGee West j
Road, Building No. 4. Glen Ellyn, Illinois.
Chicago Rare Earths Facility (including off-site materiel which has been 1
                                                                                  ]
or may be returned to the Kerr-McGee site), expressing the view that regulatory responsibility for the materiels located at the West Chicago Rare Earths F6cility site should not be divided between the State of Illinois and the NRC and requesting, u the alternative, either that the Comission disapprove the Agreement beceuse it does not include section
1
)
11e.(2) byproduct material, or that the classification of the materials in the City of West Chicago, both those located at the i(err-McGee West Chicago Rare Earths Facility site and those located off-site, be reassessed and detemined to be source material. The Mayor also requested that b'RC adopt as policy 'utain resolutions of the City of West Chicago concerning the radioactive materials at the Kerr-McGee Rare l
Earths Facility.
{
1 ICopies of the public coments are available for public inspection in the Comission's public document room at 1717 H Street N.W.,
i Washington, DC and the Comission's Region III Office, 799 Roosevelt Road, Building No. 4. Glen Ellyn, Illinois.
]


i
i.
  '.                  NRC Staff Response For the reasons set out below, the NRC staff disagrtes with the commenters' views that the off-site process wastes f/cm the West Chicaoo                 i Rare Earths Facility, including those off-site wastes which have been                     I subsequently returned to the West Chicago site, should da considered                     /
NRC Staff Response For the reasons set out below, the NRC staff disagrtes with the commenters' views that the off-site process wastes f/cm the West Chicaoo i
{11e.(2)byproductmaterial. In the opinion of the stoff, these wastes are properly characterized as source material.
Rare Earths Facility, including those off-site wastes which have been I
Under the regulatory scheme established by $274 of the Atomic Energy Act of 1954, as amended, the transfer of jurisdiction over particular licenseet depends on whether the licensed activities fall within the categories of materials over which a state has agreed to assume regulatory authority under the provisions of a 5274b agreement.                   In the case of the proposed Illinois agreement, Illinois would assume regulatory responsibility for ectivities in the following categories:
subsequently returned to the West Chicago site, should da considered
511e.(1) byproduct material, source material,. special nuclear material in quantities not sufficient to fonn a cHtical mass, and land disposal                   '
/
of low-level radioactive waste received from other persons. NRC would                     )
{11e.(2)byproductmaterial.
retainjurisdictionover$11e.(2)byproductmaterial. While there is no argument over this division of authority, a dispute has arisen as to whether certain materials attributed to one licensee (Kerr-McGee Chemical Corporation) have been properly characterized. The dispute relates to the characterization of cffsite materials located in the vicinity of Kerr-McGee's West Chicago site. (Some of these materials have been returned to the Kerr-McGee ' West Chicago site for storage.)                   I One comenter, the City of West Chicago, urges that all the radiological materials on and in the vicinity of the West Chicago site be classified as source material, thereby placing all regulatory authority over these materials in the State of Illinois. Another commenter, Covington &
In the opinion of the stoff, these wastes are properly characterized as source material.
Burling on behalf of Kerr-McGee Chemical Corporation, Nrges that the                     i offsite materials in the vicinity of the West Chicago site be classified as $11e.(2) byproduct material, thereby assuring that ragulatory                         l responsibility for these materials will remain with NRC. The waste materials that have remained on the site are already classified as                       :
Under the regulatory scheme established by $274 of the Atomic Energy Act of 1954, as amended, the transfer of jurisdiction over particular licenseet depends on whether the licensed activities fall within the categories of materials over which a state has agreed to assume regulatory authority under the provisions of a 5274b agreement.
111e.(2)byproductmaterial. Both commenters object to the NRC staff's                     !
In the case of the proposed Illinois agreement, Illinois would assume regulatory responsibility for ectivities in the following categories:
determination characterizing part of the materials at the West Chicago                   I site is 611e.(2) byproduct material and part as source material (see Federal Register notice containing Staff Assessment of Proposed Agreeuent between the NRC and the State of Illinois, 52 FR 2309 at 2322, January 21,1987.) In the opinion of these commenters, regulatory authority over these materials should either be exercised by NRC or by Illinois but not by both.
511e.(1) byproduct material, source material,. special nuclear material in quantities not sufficient to fonn a cHtical mass, and land disposal of low-level radioactive waste received from other persons. NRC would
)
retainjurisdictionover$11e.(2)byproductmaterial. While there is no argument over this division of authority, a dispute has arisen as to whether certain materials attributed to one licensee (Kerr-McGee Chemical Corporation) have been properly characterized.
The dispute relates to the characterization of cffsite materials located in the vicinity of Kerr-McGee's West Chicago site.
(Some of these materials I
have been returned to the Kerr-McGee ' West Chicago site for storage.)
One comenter, the City of West Chicago, urges that all the radiological materials on and in the vicinity of the West Chicago site be classified as source material, thereby placing all regulatory authority over these materials in the State of Illinois. Another commenter, Covington &
Burling on behalf of Kerr-McGee Chemical Corporation, Nrges that the i
offsite materials in the vicinity of the West Chicago site be classified as $11e.(2) byproduct material, thereby assuring that ragulatory l
responsibility for these materials will remain with NRC. The waste materials that have remained on the site are already classified as 111e.(2)byproductmaterial.
Both commenters object to the NRC staff's determination characterizing part of the materials at the West Chicago I
site is 611e.(2) byproduct material and part as source material (see Federal Register notice containing Staff Assessment of Proposed Agreeuent between the NRC and the State of Illinois, 52 FR 2309 at 2322, January 21,1987.)
In the opinion of these commenters, regulatory authority over these materials should either be exercised by NRC or by Illinois but not by both.
As defined in the Atomic Energy Act of 1954, es amended and the Comission's regulations, the terms source material and 611e.(2) byproduct material have the following meanings:
As defined in the Atomic Energy Act of 1954, es amended and the Comission's regulations, the terms source material and 611e.(2) byproduct material have the following meanings:
Source material means (1) uranium or thorium, or any combination thereof, in any physical or chemical form or (2) ores which contain by weight one-twentieth of one percent (0.05%) or more of (i) uranium, (ii) thorium or (iii) any combination thereof.                 Source material does not include special nuclear naterial.
Source material means (1) uranium or thorium, or any combination thereof, in any physical or chemical form or (2) ores which contain by weight one-twentieth of one percent (0.05%) or more of (i) uranium, (ii) thorium or (iii) any combination thereof.
Source material does not include special nuclear naterial.


of industrial uses including polishes, chemical manufacture, catalysts, and television phosphors. Beginning in the 1940's, the refinery, under Government contracts, became a principal source of thorium for national               j defense needs. Following World War II, much of the factory output was                 j sold to U.S. ijovernment agencies. With the passage of the Atomic Energy             1 Act of 1954, production of thorium at the facility became subject to                 l federal regulation. At all times since May 1, 1956, the facility has                 ,
of industrial uses including polishes, chemical manufacture, catalysts, and television phosphors. Beginning in the 1940's, the refinery, under Government contracts, became a principal source of thorium for national j
been licensed by the Atonic Energy Comission or its successor, the                   !
defense needs.
Nuclear Regulatory Comission. In 1958, the facility was acquired by                   j American Potash & Chemical Corporation which continued thcrium                       i production at the site.     In 1967, Kerr-McGee acquired the West Chicago           1 Rare Earths Facility as a small part of its larger acquisition of                     )
Following World War II, much of the factory output was j
American Potash.     In December 1973, Kerr41cGee discontinued operations           ]
sold to U.S. ijovernment agencies. With the passage of the Atomic Energy 1
Act of 1954, production of thorium at the facility became subject to l
federal regulation. At all times since May 1, 1956, the facility has been licensed by the Atonic Energy Comission or its successor, the Nuclear Regulatory Comission.
In 1958, the facility was acquired by j
American Potash & Chemical Corporation which continued thcrium i
production at the site.
In 1967, Kerr-McGee acquired the West Chicago 1
Rare Earths Facility as a small part of its larger acquisition of
)
American Potash.
In December 1973, Kerr41cGee discontinued operations
]
at the facility.
at the facility.
                                                                                                  ]
]
Kerr-McGee, which now holds a license authorizing possession of                       )
Kerr-McGee, which now holds a license authorizing possession of
unlimited amounts of thorium at the West Chicago Rare Earths Facility,               1 has applied to the Commission for a licer.se amendment authorizing it to decommission the facility and restore the West Chicago site to its approximate original state. Under the restoration plan proposed by             -
)
                                                                                                  )
unlimited amounts of thorium at the West Chicago Rare Earths Facility, 1
Kerr-McGee, all the factory structures would be torn down (demolition of               !
has applied to the Commission for a licer.se amendment authorizing it to decommission the facility and restore the West Chicago site to its approximate original state. Under the restoration plan proposed by
these rtructures is r.ow essentially complete), five settling ponds would             j be eliminated and the contaminated building rubble and precess wastes would be placed in a disposal cell on s landscaped and fenced p;)rtion of the site. The remainder of the property would be prepared for                         j unrestricted, beneficial use.     The NRC has not yet acted on Kerr-McGee's         "
)
application for a license amendment. The matter is pending before an                 !
Kerr-McGee, all the factory structures would be torn down (demolition of these rtructures is r.ow essentially complete), five settling ponds would j
Atomic Safety and Licensing Board. The State of Illinois has intervened               I in this proceeding. Both Illinois and the City of West Chicago have                   j indicated that they want all the contaminated material removed from the site.
be eliminated and the contaminated building rubble and precess wastes would be placed in a disposal cell on s landscaped and fenced p;)rtion of the site.
According to the plant operating history, as presented in the Kerr-McGee             !
The remainder of the property would be prepared for j
Decommissioning Plan submitted August 15, 1979, the West Chicago                       i facility processed 10,000 tons per year of monazite sands during peak production years between 1954 and 1958, about 5000 to 6000 tons per year between 1958 and 1963, and about 2000 to 2500 tons per year before 1954 and after 1963. The ore fed to the process from 1954-1973 was about 77 percent of the total ore used from 1936-1973. The liquid and solid                   i waste volumes which resulted from the production process and contain                 i significant quantities of thorium and thorium dadghter products Wculd be essentially proportional to ore use. It follows, therefore, that the majority of the liquid and solid wastes producea during the life of the               ,
unrestricted, beneficial use.
facility, including those now on the West Chicago site, were produced                 j during the period the facility was licensed by the Atomic Energy                       i Comission.
The NRC has not yet acted on Kerr-McGee's application for a license amendment. The matter is pending before an Atomic Safety and Licensing Board. The State of Illinois has intervened I
The process used for thorium and rare earths production at the West Chicago facility produced two types of waste materials. These wastes were initially deposited on site. One waste material resulted from the                 i ure digestion process and was a solid sandlike residue. The other waste               ;
in this proceeding. Both Illinois and the City of West Chicago have j
material was composed of liquid wastes from a number of processes and                 I contained dissolved salts and suspended solids. The solids settled out                 !
indicated that they want all the contaminated material removed from the site.
l            on the bottoms of the facility's sumps and percolation ponds. These                   ,
According to the plant operating history, as presented in the Kerr-McGee Decommissioning Plan submitted August 15, 1979, the West Chicago i
sediments were periodically dredged from the ponds and sumps and placed               j i
facility processed 10,000 tons per year of monazite sands during peak production years between 1954 and 1958, about 5000 to 6000 tons per year between 1958 and 1963, and about 2000 to 2500 tons per year before 1954 and after 1963. The ore fed to the process from 1954-1973 was about 77 percent of the total ore used from 1936-1973. The liquid and solid i
waste volumes which resulted from the production process and contain i
significant quantities of thorium and thorium dadghter products Wculd be essentially proportional to ore use. It follows, therefore, that the majority of the liquid and solid wastes producea during the life of the facility, including those now on the West Chicago site, were produced j
during the period the facility was licensed by the Atomic Energy i
Comission.
The process used for thorium and rare earths production at the West Chicago facility produced two types of waste materials. These wastes were initially deposited on site. One waste material resulted from the i
ure digestion process and was a solid sandlike residue. The other waste material was composed of liquid wastes from a number of processes and I
contained dissolved salts and suspended solids. The solids settled out l
on the bottoms of the facility's sumps and percolation ponds. These sediments were periodically dredged from the ponds and sumps and placed j
i


m, I
m, I
        =.:
, f
, f E                    the operations at the West Chicago Rare Earths Facility can be attributed to the production of rare eartns.-it would be inaccurate to characterize all the wastes detemined to have originated from the West
=.:
                    . Chicago Rare Earths Facility:as $11e.(2) byproduct material.
the operations at the West Chicago Rare Earths Facility can be E
The NRC staff has characterized the contaminated landfill returned to the West Chicago site from West Chicago residential areas and the sewage-treatment plant as source material. The NRC staff has also E                     characterized other offsite materials detemined to be contaminated as a' H                     result of the operations of the West Chicago Rare Earths Facility as source material. These materials include landfill at Reed-Keppler Park and in certain residential areas of DuPage County, and contaminated areas in Kress Creek and the West Branch of the DuPage River. The staff     j
attributed to the production of rare eartns.-it would be inaccurate to characterize all the wastes detemined to have originated from the West
                  - based these characterizations on the fact that most'of the process wastes' created prior to 1953, particularly prior to the early 1940's,     4 are properly attributable to the production of rare earths. It'is these
. Chicago Rare Earths Facility:as $11e.(2) byproduct material.
                  - materialszthat were removed from the West Chicago site and used as landfill. The process wastes created during the period'after 1953, particularly during the period the West Chicego Rare Earths Facility was licensed by the Atumic Energy Comissio s                .
The NRC staff has characterized the contaminated landfill returned to the West Chicago site from West Chicago residential areas and the sewage-treatment plant as source material. The NRC staff has also E
primarily t9 the production of thorium.p,       are properly
characterized other offsite materials detemined to be contaminated as a' H
                                                                  -Accordingly, the attributable staff has characterized the onsite process wastes which now remain at and have at no. time been removed from the West Chicago site as {11e.(2) byproduct material. During the' period the fac Mity was producing thorium under its AEC license, come of the facility structures became increasingly contaminated. Since the most extensive use of the' buildings has been in connection with the thorium production process, the staff has also characterized the contaminated building rubble.left on the West Chicago site following demolition of the facility structures as 911e.(2) byproduct naterial. In view of the fects, the     staff is of the opinion that these characterizations are reasonable.
. result of the operations of the West Chicago Rare Earths Facility as source material. These materials include landfill at Reed-Keppler Park and in certain residential areas of DuPage County, and contaminated areas in Kress Creek and the West Branch of the DuPage River. The staff j
- based these characterizations on the fact that most'of the process wastes' created prior to 1953, particularly prior to the early 1940's, 4
are properly attributable to the production of rare earths.
It'is these
- materialszthat were removed from the West Chicago site and used as landfill. The process wastes created during the period'after 1953, particularly during the period the West Chicego Rare Earths Facility was primarily t9 the production of thorium.p, are properly attributable licensed by the Atumic Energy Comissio
-Accordingly, the staff has s
characterized the onsite process wastes which now remain at and have at no. time been removed from the West Chicago site as {11e.(2) byproduct material.
During the' period the fac Mity was producing thorium under its AEC license, come of the facility structures became increasingly contaminated. Since the most extensive use of the' buildings has been in connection with the thorium production process, the staff has also characterized the contaminated building rubble.left on the West Chicago site following demolition of the facility structures as 911e.(2) byproduct naterial.
In view of the fects, the staff is of the opinion that these characterizations are reasonable.
Both Kerr McGee Chemical. Corporation and US Ecology (see Comment 5) object to the temin6 tion of the proceedings before the Comission on the grounds that termination would deny them due process and be wasteful of the efforts that the Comission and the parties have devoted to those proceedings to date.
Both Kerr McGee Chemical. Corporation and US Ecology (see Comment 5) object to the temin6 tion of the proceedings before the Comission on the grounds that termination would deny them due process and be wasteful of the efforts that the Comission and the parties have devoted to those proceedings to date.
The comenters' due proceu concerns are speculative and without foundation. Once the Nhc proceedings are teminated, it will be up to       q Illinois to initiate its own enforcement proceedings. We see no basis to speculate that Illinois would deny either ef the licensees due process of law in the conduct of those proceedings.
The comenters' due proceu concerns are speculative and without foundation. Once the Nhc proceedings are teminated, it will be up to q
The NRC staff has exavined Illinois procedures.for the fomulation of       J general rutas, for approving or denying applications for licenses or authorizations to possess and use radioactive materials and for taking disciplinary actions against licensees in the light of Criterion 23         l I
Illinois to initiate its own enforcement proceedings. We see no basis to speculate that Illinois would deny either ef the licensees due process of law in the conduct of those proceedings.
I 2
The NRC staff has exavined Illinois procedures.for the fomulation of J
See, Kerr-McGee Chemical Corporation, Internal Correspondence, Memos dated February 4, 1982 and January 21, 1983 re: " West Chicago Comingled Tailings."
general rutas, for approving or denying applications for licenses or authorizations to possess and use radioactive materials and for taking disciplinary actions against licensees in the light of Criterion 23 l
= _-             = _ - _ - _ _ _ _ .
I I
2See, Kerr-McGee Chemical Corporation, Internal Correspondence, Memos dated February 4, 1982 and January 21, 1983 re: " West Chicago Comingled Tailings."
= _-
= _ - _ - _ _ _ _.


from Mark J. Wetterhahn). The NRC staff's views on these matters, surrnarized briefly in footnote 3 are contained in documents on file in the Comission's public document room and have, in addition, already been made available to the comenter under an FOIA request (F01A-87 47) which was both filed and answered before the relevant comments were submitted. Conner & Wetterhahn's late-filed coment of April 2,1987 addresses US Ecology's cencerns respecting two inactive chemical waste disposal sites located to the north and west of the Sheffield low-level radioactive waste disposal site. These chemical waste disposal sites are not regulated by the NRC and are not included in the categories of     i materials transferred by the agreement. The following NRC response to the comenter's {{letter dated|date=February 20, 1987|text=letter dated February 20, 1987}} also addresses the matters raised by Mark J. Wetterhahn in his late-filed coment {{letter dated|date=March 6, 1987|text=letter dated March 6, 1987}}.'
from Mark J. Wetterhahn). The NRC staff's views on these matters, surrnarized briefly in footnote 3 are contained in documents on file in the Comission's public document room and have, in addition, already been made available to the comenter under an FOIA request (F01A-87 47) which was both filed and answered before the relevant comments were submitted. Conner & Wetterhahn's late-filed coment of April 2,1987 addresses US Ecology's cencerns respecting two inactive chemical waste disposal sites located to the north and west of the Sheffield low-level radioactive waste disposal site. These chemical waste disposal sites are not regulated by the NRC and are not included in the categories of i
NRC Staff Response                                                         i The concerns expressed by Conner & Wetterhahn on behalf of their client, US Ecology, relate primarily to the anticipated impact of the Agreement upon the ongoing NRC adjudicatory proceeding involving the Sheffield site and to the detrimental effect that the State's assumption of regulatory authority is expected to have on US Ecology's procedural rights.   (The connenter's due response to Coment 4, supra.) process     concerns The coments      are substantively do not addressed in the NRC addmss the NRC staff's assessment of the Illinois program. The coments did not question the NRC staff's conclusion that Illinois' proposed program is adequate to protect public health and safety within the State nor do they substantively challenge the NRC staff's conclus Sn that the Illinois program is compatible with the Comission's reaulatory program for like materials. The principal purpose of the corrents is to request relief, specifically temporary exclusion of the Sheffield site, from the provisions of the proposed agreement.
materials transferred by the agreement. The following NRC response to the comenter's {{letter dated|date=February 20, 1987|text=letter dated February 20, 1987}} also addresses the matters raised by Mark J. Wetterhahn in his late-filed coment {{letter dated|date=March 6, 1987|text=letter dated March 6, 1987}}.'
On March 10, 1987, the Atomic Safety and Licensing Board issued an Order holding that all issues in the Sheffield proceeding hgd been resolved by the Board's Memorandum and Order of February 20, 1987 and concluding       >
NRC Staff Response i
the proceeding. On Parch 16, 1987, US Ecology appealed the Licensing       l Board's order and asked for expedited Appeal Board consideration, On       ',
The concerns expressed by Conner & Wetterhahn on behalf of their client, US Ecology, relate primarily to the anticipated impact of the Agreement upon the ongoing NRC adjudicatory proceeding involving the Sheffield site and to the detrimental effect that the State's assumption of regulatory authority is expected to have on US Ecology's procedural rights.
(FootnoteContinued)
(The connenter's due response to Coment 4, supra.) process concerns are addressed in the NRC The coments do not substantively addmss the NRC staff's assessment of the Illinois program. The coments did not question the NRC staff's conclusion that Illinois' proposed program is adequate to protect public health and safety within the State nor do they substantively challenge the NRC staff's conclus Sn that the Illinois program is compatible with the Comission's reaulatory program for like materials. The principal purpose of the corrents is to request relief, specifically temporary exclusion of the Sheffield site, from the provisions of the proposed agreement.
October 1,1986 from G. Wayne Kerr, SP to J. Davis, HMSS which sumarized the staff's disposition of HMSS' comments on the Illinois proposal, including addressing each and every one of those of WM. This document was placed in the NRC public document room in Washington, DC l                   along with other materials relating to the negotiations for an Agreement with Illinois on February 26, 1987 and was in the same package that l                   contained the October 3, 1986 WM meno. In the aggregate, staff found I                   the March 16, 1987 cornent on the compatibility of the proposed Illinois l
On March 10, 1987, the Atomic Safety and Licensing Board issued an Order holding that all issues in the Sheffield proceeding hgd been resolved by the Board's Memorandum and Order of February 20, 1987 and concluding the proceeding.
On Parch 16, 1987, US Ecology appealed the Licensing l
Board's order and asked for expedited Appeal Board consideration, On (FootnoteContinued)
October 1,1986 from G. Wayne Kerr, SP to J. Davis, HMSS which sumarized the staff's disposition of HMSS' comments on the Illinois proposal, including addressing each and every one of those of WM.
This document was placed in the NRC public document room in Washington, DC l
along with other materials relating to the negotiations for an Agreement with Illinois on February 26, 1987 and was in the same package that l
contained the October 3, 1986 WM meno.
In the aggregate, staff found I
the March 16, 1987 cornent on the compatibility of the proposed Illinois l
proposal to be totally without merit.
proposal to be totally without merit.
4 The Board's Memorandum and Order of February 20, 1987 addressed two legal issues. The first dealt with the possession of the buried materials and the second with the termination of the license.
4The Board's Memorandum and Order of February 20, 1987 addressed two legal issues. The first dealt with the possession of the buried materials and the second with the termination of the license.
,                                                                                              i I                 .                                                                            [
i I
 
[
segments of a nuclear materials category or over individual licensees.7 e          Contrary to the views of the comenter, the NRC does not retain jurisdiction over pending enforcement matters after an Agreenent has been executed nor do such matters constitute a special category of radioactive materials within the meaning of $274. Read correctly, the menorandum on which the connenter relies only stands for the proposition that the staff is to finish what can be finished in the time available so that the turnover can be completed in an orderly manner.
segments of a nuclear materials category or over individual licensees.7 Contrary to the views of the comenter, the NRC does not retain e
Section.274j authorizes the Comission, under certain circumstances, to tenninate or suspend a $274b agreement and to reassert its licensing erd regulatory authority. In 1978, this section was amended to enable the Comission to terminate or suspend "all or part of" its agreement. This change made it possible for the Comission to reassert regulatory authority over a single category of materials, such as uranium mills and       -
jurisdiction over pending enforcement matters after an Agreenent has been executed nor do such matters constitute a special category of radioactive materials within the meaning of $274. Read correctly, the menorandum on which the connenter relies only stands for the proposition that the staff is to finish what can be finished in the time available so that the turnover can be completed in an orderly manner.
mill tailings, while at the same tine permitting States to retain regulatory authority over other categories of materials subject to the agreement. However, this amendment did not authorize NRC to terminate or suspend an agreement with respect to a particular licensee. In 1980,
Section.274j authorizes the Comission, under certain circumstances, to tenninate or suspend a $274b agreement and to reassert its licensing erd regulatory authority.
          $274j was again amended to authorize NRC to reassert its regulatory authority over an individual licensee. Under this authority, the Comission may temporarily suspend all or part of its agreement with a State without notice or hearing if, in the judgment of the Commission:
In 1978, this section was amended to enable the Comission to terminate or suspend "all or part of" its agreement. This change made it possible for the Comission to reassert regulatory authority over a single category of materials, such as uranium mills and mill tailings, while at the same tine permitting States to retain regulatory authority over other categories of materials subject to the agreement.
            . . . an emergency situation exists with respect to any material covered by such an agreement creating danger which requires imediato action to protect the health or safety of persons either within or outside of the State, and ... the State has failed to take steps necessary to contain or eliminate the cause of the danger within a reasonable time after the situation arose." Section 274j further provides that this temporary suspension is to remain in effe:t "only for (FootnoteContinued) agreement.
However, this amendment did not authorize NRC to terminate or suspend an agreement with respect to a particular licensee.
Section 274f tracks the text of $274e of the draft bill which the Atonic Energy Commission, NRC's predeces     s  or agency, transmitted to the Joint Comittee on Atomic Energy in March 1959. In its section-by-section analysis of $274e of the draft bill, the Comission concluded
In 1980,
          " Subsection e. gives the Commission necessary authority to implement those agreements." JCAE, Joint Comittee Print " Selected Materials on Federal-State Cooperation in the Atomic Energy Field," March 1959, 86th Cong. ,1st Sess, at p. 33. See also, analysis of S. 1987, es introduced,105 Cong. Rec. 7524, May 19,1959, 7
$274j was again amended to authorize NRC to reassert its regulatory authority over an individual licensee. Under this authority, the Comission may temporarily suspend all or part of its agreement with a State without notice or hearing if, in the judgment of the Commission:
This point is specifically addressed in the section-by-section analysis prepared by the AEC to accompany its draft bill which was introduced in the Senate as S. 1987 on May 19, 1959. "Three categories of activities are specified. Under the bill the Comission r:ay enter into an agreement providing for discontinuance of its regulatory authority with respect to any one or more of those categories. Such an agreement may not provide for discontinuance of the Comission's authority with respect to part of a category ..." 105 Cong. Rec. 7523, May 19, 1959.
"... an emergency situation exists with respect to any material covered by such an agreement creating danger which requires imediato action to protect the health or safety of persons either within or outside of the State, and... the State has failed to take steps necessary to contain or eliminate the cause of the danger within a reasonable time after the situation arose." Section 274j further provides that this temporary suspension is to remain in effe:t "only for (FootnoteContinued) agreement.
Section 274f tracks the text of $274e of the draft bill which the Atonic Energy Commission, NRC's predeces or agency, transmitted to the Joint s
Comittee on Atomic Energy in March 1959.
In its section-by-section analysis of $274e of the draft bill, the Comission concluded
" Subsection e. gives the Commission necessary authority to implement those agreements." JCAE, Joint Comittee Print " Selected Materials on Federal-State Cooperation in the Atomic Energy Field," March 1959, 86th Cong.,1st Sess, at p. 33. See also, analysis of S. 1987, es introduced,105 Cong. Rec. 7524, May 19,1959, 7This point is specifically addressed in the section-by-section analysis prepared by the AEC to accompany its draft bill which was introduced in the Senate as S. 1987 on May 19, 1959.
"Three categories of activities are specified. Under the bill the Comission r:ay enter into an agreement providing for discontinuance of its regulatory authority with respect to any one or more of those categories.
Such an agreement may not provide for discontinuance of the Comission's authority with respect to part of a category..." 105 Cong. Rec. 7523, May 19, 1959.


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ENCLOSURE D
ENCLOSURE D


m
m Enclosure D The Honorable John Breaux, Chairman I
,    .                                                      Enclosure D             -
Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C.
The Honorable John Breaux, Chairman                                                   I Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C. 20510
20510


==Dear Mr. Chaiman:==
==Dear Mr. Chaiman:==
 
We are pleased to advise the-Comittee that, pursuant to section 274 of the Atomic Energy Act of 1954, as amended, entitled " Cooperation with States," the Commission on
We are pleased to advise the-Comittee that, pursuant to section 274 of the Atomic Energy Act of 1954, as amended, entitled " Cooperation with States," the Commission on     _
, 1987 approved a proposed Agreement with the State of Illinois under which the State will assume certain regulatory responsibi'ity for byproduct materials as defined in section 11e.(1) of the Act, source materials, special nuclear materials in cuantities less than a critical mass and for the commercial disposal of low-level radioactive waste. The State will not assume authority'for uranium or thorium milling activities nc-for the Allied-Chemical UF 6
                                                                    , 1987 approved a proposed Agreement with the State of Illinois under which the State will assume certain regulatory responsibi'ity for byproduct materials as defined in section 11e.(1) of the Act, source materials, special nuclear materials in cuantities less than a critical mass and for the commercial disposal of low-level radioactive waste. The State will not assume authority'for uranium or thorium milling activities nc- for the Allied-Chemical UF 6
conversion p1hnt in Metropolis. The State did not request authority to regulate uranium or thorium milling activities. The Commission has decided to retain authority over the Allied-Chemical plant hecause of its significance to the comon defense and security.
conversion p1hnt in Metropolis. The State did not request authority to regulate uranium or thorium milling activities. The Commission has decided to retain authority over the Allied-Chemical plant hecause of its significance to the comon defense and security. A copy of the proposed Agreement is enclosed. Also enclosed is a copy of the public announcement which we plar,to issue within the next few days.
A copy of the proposed Agreement is enclosed. Also enclosed is a copy of the public announcement which we plar,to issue within the next few days.
In his proposal requesting that the Comission enter into an Agreement with the State, Governor James R. Thompson certified that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the naterials
In his proposal requesting that the Comission enter into an Agreement with the State, Governor James R. Thompson certified that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the naterials


2                               ,
2 covered by the pioposed Agreement, and that the State desires to assume regulatory responsibility for such materials.
covered by the pioposed Agreement, and that the State desires to assume regulatory responsibility for such materials.                                         1 l
1 l
The proposrA Agreement and the staff assessment of the proposed Agreement were published in the Federal Register for public comment as required by section 274 of the Atomic Energy Act, as amended. Copies of the proposal were made available for public inspection at the Commission's Public Document Roon.
The proposrA Agreement and the staff assessment of the proposed Agreement were published in the Federal Register for public comment as required by section 274 of the Atomic Energy Act, as amended.
Copies of the proposal were made available for public inspection at the Commission's Public Document Roon.
l The Commission has detemined that the Illinois program is compatible with the Comission's program for the regulation of like materials and adequate to protect the public health and safety with respe:t to the materials covered by the proposed Agreement.
l The Commission has detemined that the Illinois program is compatible with the Comission's program for the regulation of like materials and adequate to protect the public health and safety with respe:t to the materials covered by the proposed Agreement.
It is planned to execute the Agrcement by correspondence with an effective date of                   , 1987 The Agreenent will be published in the Federal Register within thirty days after signature by the parties.
It is planned to execute the Agrcement by correspondence with an effective date of
, 1987 The Agreenent will be published in the Federal Register within thirty days after signature by the parties.
Sincerely, Carlton C. Kamerer. Director State, local and Indian Tribe Programs Office of Governmental and Public Affairs
Sincerely, Carlton C. Kamerer. Director State, local and Indian Tribe Programs Office of Governmental and Public Affairs


==Enclosures:==
==Enclosures:==
: 1. Agreement
: 1. Agreement
: 2. Proposed Public Announcement cc:   Senator Alan Simpson
: 2. Proposed Public Announcement cc:
Senator Alan Simpson


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ENCLOSURE E i
ENCLOSURE E i
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                                                                                                                                                                  -j 1
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Enclosure E PP.0 POSED P'J BLIC ANNOUNCEMENT NRC APPROVES ILLINDIS AGREEMENT TO c'iULATE USE OF CERTAIN RADI0 ACTIVE MATER 1r.LS               !
Enclosure E PP.0 POSED P' BLIC ANNOUNCEMENT J
l The Nuclear Regulatory Comission has approved an Agreement with the                                                       j State of Illinois under which that State will assurrc. part of the fluclear Regulatory Comission's regulatory authority over the use of certain radioactive materials. The Agreement will become effective on -                                                           ,
NRC APPROVES ILLINDIS AGREEMENT TO c'iULATE USE OF CERTAIN RADI0 ACTIVE MATER 1r.LS l
The Nuclear Regulatory Comission has approved an Agreement with the j
State of Illinois under which that State will assurrc. part of the fluclear Regulatory Comission's regulatory authority over the use of certain radioactive materials. The Agreement will become effective on -
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                                                                                                        , 1987.
, 1987.
Under the Agreement, the responsibility for licensing, rulemaking, inspection, and enforcement concerning the use of byproduct materials, the source materials uranium and thorium, swall quantities of fissionable materials and commercial low-level waste disposal will be transferred to Illinois.                                                         There are approximately 800 NRC licenses currently in effect in Illinois which will be transferred to the State.
Under the Agreement, the responsibility for licensing, rulemaking, inspection, and enforcement concerning the use of byproduct materials, the source materials uranium and thorium, swall quantities of fissionable materials and commercial low-level waste disposal will be transferred to Illinois.
There are approximately 800 NRC licenses currently in effect in Illinois which will be transferred to the State.
The Agreement, however, does not provide for State authority over Section 11e.(2) byproduct material milling activities or their waster.
The Agreement, however, does not provide for State authority over Section 11e.(2) byproduct material milling activities or their waster.
The Comission will also retain authority over the Allied-Chemical UF 6
The Comission will also retain authority over the Allied-Chemical UF 6
conversion plant in Metropolis because of its significance to the national common defense and security.
conversion plant in Metropolis because of its significance to the national common defense and security.
The Illinois Department of Nuclear Safety will be the State agency responsible for administering the regulatory progran.
The Illinois Department of Nuclear Safety will be the State agency responsible for administering the regulatory progran.
_i_ _______m_                                                                 -
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The Commission has found that the radiation control progran proposed by' Illinois is compatible with the NRC progran and is adequate to protect i
The Commission has found that the radiation control progran proposed by' Illinois is compatible with the NRC progran and is adequate to protect i
the public health and safety. The Agreement, as approved by the Comission, is the satae as the one published for public comment in the Federal Register for four consecutive weeks beginning on January 21, 1987.
the public health and safety. The Agreement, as approved by the Comission, is the satae as the one published for public comment in the Federal Register for four consecutive weeks beginning on January 21, 1987.
Illinoir, becomes the 29th State to sign such an Agreement with the NRC.
Illinoir, becomes the 29th State to sign such an Agreement with the NRC.
Other States which have already assumed this authority from the NRC are:
Other States which have already assumed this authority from the NRC are:
Alabama; Arizona, Arkansas, California, Colorado, Florida, Gcorgia,       '
Alabama; Arizona, Arkansas, California, Colorado, Florida, Gcorgia,
                    ' Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraskc, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Da!P,ta, Oregon, Rhode Island, South Carolina. Tennessee, Texas, Utah and Washington, i
' Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraskc, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Da!P,ta, Oregon, Rhode Island, South Carolina. Tennessee, Texas, Utah and Washington, i
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..p ENCLOSURE F
..p ENCLOSURE F
    *-""h-----     . _ - _ _ _ , _ _ _
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Enclosure F The Honorable James R. Thonpson Governor of Illinois Springfield, Illinois 62706
Enclosure F The Honorable James R. Thonpson Governor of Illinois                                                                         '
Springfield, Illinois 62706


==Dear Governor Thompson:==
==Dear Governor Thompson:==
 
I am pleased to infom you that the Nuclear Regulatory Comission has approved your proposed Agreement under which the NRC will discontinue and the State of Illinois, on
I am pleased to infom you that the Nuclear Regulatory Comission has approved your proposed Agreement under which the NRC will discontinue and the State of Illinois, on                 , 1987, will assume certain of the Comission's regulatory authority over byproduct, source and special nuclear materials in accordance with section 274 of the Atomic Energy Act of 1954, as amended. The Comission, a#ter consultation with the U.S. Department of Energy and after careful consideration of the national comon defense and security needs, has ordered retention of regulatory authority for health and safety over the Allied-Chemical conversion plant in Metropolis (enclosure.1). Please be assured that this action does not in any way reflect upon the overall adecuacy of the Illinois program for regulation of health and safety.     We plan, however, to continue to keep the Illinois Department of Nuclear Safety informed of health and safety regulatory actions taken with respect to this plant.
, 1987, will assume certain of the Comission's regulatory authority over byproduct, source and special nuclear materials in accordance with section 274 of the Atomic Energy Act of 1954, as amended. The Comission, a#ter consultation with the U.S. Department of Energy and after careful consideration of the national comon defense and security needs, has ordered retention of regulatory authority for health and safety over the Allied-Chemical conversion plant in Metropolis (enclosure.1). Please be assured that this action does not in any way reflect upon the overall adecuacy of the Illinois program for regulation of health and safety.
                                                                                                            ?
We plan, however, to continue to keep the Illinois Department of Nuclear Safety informed of health and safety regulatory actions taken with respect to this plant.
I am pleased to enclose three (3) copies of the Agreement for your signature (enclosure 1). Following your execution of the Agreement, please return two copies to NRC. The third copy is for retention by the State.                                                                                       j I
?
I am pleased to enclose three (3) copies of the Agreement for your signature (enclosure 1).
Following your execution of the Agreement, please return two copies to NRC. The third copy is for retention by the State.
j I


L On behalf of the Comission, I congratulate you, your staff, and the State of Illinois for taking this important step in Federal-State relations.
L On behalf of the Comission, I congratulate you, your staff, and the State of Illinois for taking this important step in Federal-State relations.
Line 771: Line 1,219:


==Enclosure:==
==Enclosure:==
As stated
As stated
      ._. ______m._
______m._


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Line 794: Line 1,242:


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    'L.
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Enclosure G UNITED STATES nJCLEAR Rent'LATORY COMMISSION Ir the Matter of                       )
Enclosure G UNITED STATES nJCLEAR Rent'LATORY COMMISSION Ir the Matter of
ALLIED-CHEMICAL CORPORATION                 Docket No. 40-Metropolis, Illinois                   )   License No. _                _
)
,                              ORDER TO PROTECT THE COMMON DEFENSE AND S'ECURITY I                                       4 i
ALLIED-CHEMICAL CORPORATION Docket No. 40-Metropolis, Illinois
Allied-Chemical Corporation, Metropolis, Illinois, (the " licensee")     l 1s the holder of License No,.                 (the " licensee") issued by the !
)
Nuclear Regulatory Commission (the " Commission" or "NRC") which.
License No. _
authorizes the licensee to use source material in a UFg conversion plant in Metropolis, Illinois. The license was last issued On                 .
ORDER TO PROTECT THE COMMON DEFENSE AND S'ECURITY I
19_ and will expire on                 , 19_.
4 i
II In a {{letter dated|date=October 2, 1986|text=letter dated October 2,1986}}, Governor James P. Thompson of the State of Illinois requested that the Comission enter into an Agreement with the State pursrant to Section 274 of the Atomic Energy             {
Allied-Chemical Corporation, Metropolis, Illinois, (the " licensee")
Act, as amended. The~ specific authority reouested includes the-                 l category, source material . An NRC staff assessment and the proposed             1 agreement were pt.blished in the Federal Register.for public comment (52 FR 2309, 2898, 3503 and 4456; correction notice at 52 FR 4569). The staff assessment noted that with respect to the Allied. Chemical plant, the.Comission was considering whether continued NRC regulation was necessary in the interest of the common defense and security of the United States.
l 1s the holder of License No,.
III                                       ,
(the " licensee") issued by the Nuclear Regulatory Commission (the " Commission" or "NRC") which authorizes the licensee to use source material in a UF conversion plant g
In a letter dated Novembcr 17, 1986, the Department of Energy,
in Metropolis, Illinois.
(" DOE")commentingtoNRConthematteroftheproposedinclusionofthe                   l NRC license to Allied Chemical among the category of source material             !
The license was last issued On 19_ and will expire on
licenses to be transferred to Illinois under a Section 274b Agreenent,           I stated that the combination of the commercially operated uranium                 l conversion facilitiet in the U.S. and the DOE operated enrichment facilities represent a complex that is an important national asset essential to maintaining the common defense and security of the United States. DOE further exp~   r essed the view that, "it would be prudent for NRC to retain its existing regulatory authority over uranium conversion facilities consistent with its charter to regulate facilities whose operation is in the naticnal interest."
, 19_.
II In a {{letter dated|date=October 2, 1986|text=letter dated October 2,1986}}, Governor James P. Thompson of the State of Illinois requested that the Comission enter into an Agreement with the State pursrant to Section 274 of the Atomic Energy
{
Act, as amended. The~ specific authority reouested includes the-l category, source material. An NRC staff assessment and the proposed 1
agreement were pt.blished in the Federal Register.for public comment (52 FR 2309, 2898, 3503 and 4456; correction notice at 52 FR 4569). The staff assessment noted that with respect to the Allied. Chemical plant, the.Comission was considering whether continued NRC regulation was necessary in the interest of the common defense and security of the United States.
III In a letter dated Novembcr 17, 1986, the Department of Energy,
(" DOE")commentingtoNRConthematteroftheproposedinclusionofthe NRC license to Allied Chemical among the category of source material licenses to be transferred to Illinois under a Section 274b Agreenent, I
stated that the combination of the commercially operated uranium conversion facilitiet in the U.S. and the DOE operated enrichment facilities represent a complex that is an important national asset essential to maintaining the common defense and security of the United States.
DOE further exp~ essed the view that, "it would be prudent for r
NRC to retain its existing regulatory authority over uranium conversion facilities consistent with its charter to regulate facilities whose operation is in the naticnal interest."
1 i
1 i
u Lr
u Lr


y, D',          ,
y, D',
_4.)   ;L IV Upon consideration of these facts, the Comission has detennined l
_4.)
that regulation of the Allied-Chemical conversion plant in Metropolis     i should be continued under NRC jurisdiction to protect the comon defense and security.-
;L IV Upon consideration of these facts, the Comission has detennined l
that regulation of the Allied-Chemical conversion plant in Metropolis i
should be continued under NRC jurisdiction to protect the comon defense and security.-
V l
V l
l-                         In view of the foregoing and pursuant to Section 274m of the Atonic
l-In view of the foregoing and pursuant to Section 274m of the Atonic
                  -Energy Act, as amended, 42 U.S.C. 92021(m), IT.IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:
-Energy Act, as amended, 42 U.S.C. 92021(m), IT.IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:
: a. Notwithstanding the provisions of a Section 274b Agreement
a.
                  .with the State of Illinois as approved by the Comiskicn the NRC jurisdiction over the possession and use of source meterial by Allied Chemical.(license           ) shall be retained by the NRC, and b.. NRC jurisdiction over the license shall remain in effect during the term of such Section 274b Agreertent unless the Comission shall determine that continued regulation by NRC is no longer needed to
Notwithstanding the provisions of a Section 274b Agreement
                  . assure the protection cf the comon defense and security of.the l'hited States.
.with the State of Illinois as approved by the Comiskicn the NRC jurisdiction over the possession and use of source meterial by Allied Chemical.(license
VI Any person whose interests may be affected by this. order may within days'of the date of this order file written coments with supporting analysis with the Secretary of the Comission explaining why this order should not have been issued. The Comission vill consider         i any coments that are filed with a view to possible modification or rescission of the order. The filing of any coments does not stay the effectiveness of this order.
) shall be retained by the NRC, and b..
NRC jurisdiction over the license shall remain in effect during the term of such Section 274b Agreertent unless the Comission shall determine that continued regulation by NRC is no longer needed to
. assure the protection cf the comon defense and security of.the l'hited States.
VI Any person whose interests may be affected by this. order may within days'of the date of this order file written coments with supporting analysis with the Secretary of the Comission explaining why this order should not have been issued. The Comission vill consider i
any coments that are filed with a view to possible modification or rescission of the order. The filing of any coments does not stay the effectiveness of this order.
j 1
j 1
i FOR THE UNITED STATES                 1 NUCLEAR REGULATORY COMMISSION Samuel J. Chilk, Secretary Office of the Secretary of the Comission Dated at Washington, DC this             day of         , 1987.
i FOR THE UNITED STATES 1
NUCLEAR REGULATORY COMMISSION Samuel J. Chilk, Secretary Office of the Secretary of the Comission Dated at Washington, DC this day of
, 1987.
l r
l r
                                                                                                  ;}}
;}}

Latest revision as of 03:25, 2 December 2024

Recommends Commission Approval of Proposed Agreement Between State of Il & Nrc,Per Section 274 of Atomic Energy Act of 1954,as Amended
ML20245A848
Person / Time
Issue date: 04/21/1987
From: Harold Denton
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:
Shared Package
ML20245A851 List:
References
FOIA-89-262, TASK-PINV, TASK-SE SECY-87-104, NUDOCS 8705260447
Download: ML20245A848 (46)
v • d • e


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POLICY ISSUE (Notation Vote)

April 21, 1987 SECY-87-104 i

i FOR:

The Commissioners FROM:

Harold R. Centon, Director Of' ice of Governmental and i

Public Affairs SUEJECT:

PROPOSED AGREEMENT BETWEEN THE STATE OF ILLI?l0IS AND U.S. NUCLEAR REGtLATORY COMMISSION PlGS'JANT TO SECTION 274 0F THE ATOMIC Ei;ERGY ACT OF 1954, AS AMENDED PURPOSE:

To recuest Comission appreval of the proposed Agreement with Illinois.

SI:v?.WY:

By ictter dated October 2,1986, Governer Thompson of Illinois requested that the Comission enter into a Sectier 274b Agreenent with the State.

Feneral Reaister notices of the t'RC sto"f's assessment of the proocsed 1111reis radiction control progren and the proposed agreement were published es required by Se:: tion P74e of the Atomic Enercy Act o' 1954, as amerdcd.

The coment period ended February P.0, 1987.

The State's request includes transfer of regulatory authority for health and safety over the Allied-Cbemical UF conversion plant (source materialb which h!s been identified by the Department of Enercy as having cocrion defense and security significance. Policy options for dealing with such situations were furnished to the Co:rrission in SECY-87-59. The Comission's decision to retain jurisdiction over the plant has been factored into this paper,

Contact:

. loci 0. Lubenau, X?7767 Donalc A. ilussbaumer, X27767 M

3 i

Two NRC licenses that c6ver materials that would be-transferred to Illinois under the Agreenent are currently.the subjects of MRC adjudicatory proceedings.

(DocketNo. 40-2061-SC [ASLBP No.

84-502-01-SC) and Docket No. 27-39-SC [ASLBP Mo.

i 78-374-01-0T)). These proceedings relate to Kress Creek and the Sheffield low-level waste disposal 4

site, respectively. Under. terms of a Section 274b i

Agreement, HRC relinquishes and the State asserts its authority over licenses affected by the

?

Agreement.

Accordingly, 4RC staff plans to request termination of these proceedings upon approval of the proposed Agreement.

l DISCUSSION:

In a letter dated October 2,'1986, Governor James R.

Thompson of the State of Illinois requested that the' Commission enter into an Agreement with the State pursuant to Section 274 of the Atonic Energy Act, as amended.

No effective date for the Agreement was proposed but staff discussions with the Illinois Department of Nuclear Safety (ICNS),

which will administer the Agreement progran, have 1

indicated the State established March 1, 1987 as a target date.

Assuming no nrotracted delays occur the staff believes that an effective date at the end of April,1987 is practicable.

In his letter, the Governor certified that the State of Illinois has a program f6r control of radiation hazards which is adequate to protect the public health and safety with respect to the materials within_ the State covered by the proposed Agreenent, and that the State of Illinois wishes to assume regulatory responsibility for such materials.

The text of the proposed Agreement is shown in Enclosure A.

The specific authority requested is for (1) by-p=

product material as defined in Section 11e.(1) of the Act, (2) source material, (3) special nuclear material in quantities not su'ficient to fonn a critical mass and (4) permanent disposal of low-level weste containing one or more of the foregoing materials but not containing uranium and thorium mill tailings (byproduct material as defined in Section lle.(2) of the Act). The State does not wish to assume authority over uranium and thorium milling activities. The State, however, reserves l

l L-_N

Y '

,~

i 1

the right to apply at a future date to NP.C for an 4

amended Agreement to assune authority in this area.

As required by Section'274 of the Ator'ic-Energy Act, the proposed Agreement and the staff's asses'sment of the State's proposed radiation control progran were publishedintheFederalRegisteronceaweekfoy four consecutive. weeks ending February 11, 1987 Interested persons were invited to submit coments by February 20, 1987.

The proposed Agreement had several unique l

components.

i Regulation of an existing low-level radioactive waste disposal site.

Illinois is the site of an existing low-level radioactive waste disposal site which is no longer accepting waste for disposal (Sheffield).

Under the Agreement, jurisdiction will be relinquished by NRC to Illinois. The.

State of Illinois and the licensee, US Ecoloay, have been parties to an NRC adjudicatory proceeding on an imediately effective show cause order relating to whether US Ecology could unilaterally terminate its license for activities at Sheffield without Comission action.

[ Docket No. 27-39-SC (ASLBP No.

78-374-01-0T)).

The State's proposed progran l

IThe proposed agreement and staff's assessment were initially published in the Federal Register December 31,-1986 at 51 FP. 47327 and republished January 7,1987 at 52 FR 618.

A' comment period ending January 30, 1987 was specified. The December 31st and January 7th publications were determined to have been the subject of Federal Register printing errors. As a result, they were incomplete and also contained errors. A corrected notice was published January 21, 1987 at 52 FR 2309.

Since the-initial notice was incomplete and also contained significant errors, the 4 consecutive week publication cycle required by the Act was restarted beginning with the January 21, 1987 notice. A revision of the date for public coments was also published at that tir.e

-(52 FR 2309) changing it to February 20, 1987. The 2nd consecutive weekly notice was published January 28, 1987 at 52 FR 2898. The 3rd

. consecutive weekly notice was published February 4, 1987 at 52 FR 3503 but printing errors again occurred, this time resulting in the omission of text. A correction notice for this omission was published February 12, 1987 at 52 FR 4569. The 4th consecutive weekly notice was published February 11, 1987 at 52 FR 4436.

NRC has requested a change to Section 274e of the Act which would specify one Federal Register publication rather than four. Congress has not acted on this request.

4

y

'/'

i for regulation of the land disposal of waste en a

received from other persons has been determired by the staff to meet applicable criteria in the NRC Policy Statement, " Criteria for Guidance' of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by l

States Through Agreement" (46 FR 7540, 46 FR 36960 and 48 FR 33376). The Federal Register notice stated that the staff would request termination of the Sheffield proceeding when the proposed Agreement became effective. After the notice appeared, the ASLB on March 10, 1987 issued an order concluding the proceeding after having ruled against the licensee on two legal' issues: (1).whether the licensee possessed the buried low-level waste, and (2) whether the licensee could unilaterally terminate the license.

On March 16, 1987, the Board's order was appealed by US Ecology which asked for expedited Appeal Board consideration.

On March 19, 1987, the Appeal Board denied US Ecology's motion for expedited consideration. The staff is comitted to ask the Appeal Board to terminate the proceeding if the Agreement is j

signed before the Appeal Board acts on US Ecology's appeal._ Upon the effective date of the Agreenent the requirements of the i

Comission's order will become Illinois'

)

requirements until superseded by the results of Illinois' own proceeding.

Reculation of a new regional low-level waste disposal facility.

i Illinois is a member of th'e Centrrl Hidwest Interstate Low-Level Radioactive Waste Compact (the other menber State is the Ccmonwealth of Kentucky).

Illinois has been designated the host State. As.noted above, the State's proposed progran for regulating in this area has been determined by the staff to meet applicable NPC criteria referred to in the preceding paragraph.

Reaulation of the Allied Chemical llF, Conversion Plant.

The Allied Chemical plant is one of two plants in the United States licensed to convert uranium "yellowcake" to UF. (The other plant is Kerr-McGee's Sequoyah piant in Oklahona).

j 1

The Allied Chemical plant has been identified 1

by DOE as having a potential comon defense and

9 security significance.

Section 274m of the Atomic Energy Act, as amended, provides that:

"No agreement entered into under subsection b.,... shall effect the authority of the Commissinn under subsection 161b. or 1. to issue rules, regulations, or orders to protect the comon defense and security..."

NRC staff prepared a policy option paper for the Comission for establishment of Comission policy regarding licenses subject to Section 274b Agreements which have comon defense and security significance (SECY-87-59). The Comission decision on the policy option paper was to retain regulatory authority over such plants based on common defense and security considerations. A draft order to effectuate this policy with respect to the Allied Chemical plant has been prepared for Comission approval (enclosureG). The order should become effective at the same time as the proposed section 274b Agreement.

No modification of the Agreement is necessary since such an action would be independent of the Agreement and taken under the separate authority of Section 274m.

As discussed in SECY 87-59 the ste#f will notify DOE of the Commission decision in this matter.

The Kerr-McGee West Chicago pare Earths Facilitv.

The Kerr-McGee West Chicago Rare Earths Facility is a site where thorium processing and recovery operations were conducted under an AEC/NRC license.

The radioactive mill tailings that resulted from operations at the site have been determined by the NRC staff to be byproduct material as defined by Section 11e.(2) of the Act.

Illinois has not requested authority to regulate Section 11e.(2) byproduct naterial under the proposed agreement and thus jurisdiction over these materials will remain with NRC. The disposition of these tailings is

)

the subject of an ASLB proceeding fDocket 40-2061-ML (ASLBP No. 83-495-01-ML)].

Thorium-bearing materials in off-site areas in and around Ifest Chicago that are attributed to the site activities have been characterized by NRC staff at source material (see Enclosure C, staff response to Comment 4). Jurisdiction

d

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.-6--

Y

'F over these materials will be transferred to Illinois under the-proposed agreement. -These materials include (a) thorium bearing materials j

now stored at the Kerr-McGee Fest Chicago Rare Earths Facility site that have been. recovered from off-site residential properties"and from the sewage'treatnent plant.in_ West Chicago and (b) uranium and therium contaminated materials-in Kress Creek and the West Branch of the DuPage River, and Reed-Keppler Park, West Chicago.

The Kress Creek-DuPage River material is the subject of an NRC adjudicatory proceeding-{DocketNo. 40-2061-SC (ASLBP No.

84-502-01-SC)).

In this proceeding, in which Kerr-McGee and the People of the State of Illinois are parties, the ASLB found that the presence of this material in Kress Creek and the West Branch of the DuPage River probably resulted from the conduct of an NRC (and AEC) licensed activity at the Fest Chicago P,are Earths Facility.

The ASLB,'however, declined to require clean-up of the Creek and the River based upon its analysis.of the hazard posed by the radiologically contaminated material. The NRC staff has appealed that decision to the Atomic Safety and Licensing Appeal Board, but a decision on appeal has not yet been issued.

The Aopeal-Boerd has detennined to' suspend further consideration of this matter until the question of the State Agreement is resolved.

Since jurisdiction over source material ir Kress Creek and the West Branch of the Duh.oe River will be' relinquished to Illinois when the Agreement becomes effective, the NRC staff will reauest termination of the NRC adjudicatory proceedino.

At this point it will be up to Illinois to initiate further proceedings.

Jurisdiction over the source material in Reed-Keppler Park will also be relinquished to Illinois when the Agreement becomes effective.

Five written coments on the proposed Agreement and NRC staff assessment were received prior t the end of the coment period on February 20, 1087.2 Three 2Additionally, on February 4, 1987, the Commission received a request to suspend the license issued k Chem Nuclear Systems, Inc.

which authorizes waste storage and which is the subject of an amendment to operate a waste compactor near Channonhon, IL. NRC staff have acknowledged the letter in accordance with 10 CFR 2 ?O6. The request (Footnote Continued) l-l

,,7,,

T p

coment letters were submitted by' Conner. and....

.c Metterhahn, P.C., counsel for US Ecology which holds-the license for. the Sheffield site. One coment letter. was received from A. Eugene Sennels, the Payor. of the City of West Chicago. -One coment letter was received. from Covington and Burling, counsel: representing Kerr-McGee.

Several supplementary coments were filed by Conner &

WetterhahnaftertheendoftheSomm'atD'riod-Sumaries of the public coments and NRC staff responses are set out in Enclosure C.

The staff's conclusion with respect to the proposed Illinois program was stated in the Federal Register notices:

"... the State of Illinois meets the requirements of Section 274 of the Act. ' The State'.s statutes, regulations, personnel, licensing, inspection and administrative procedures are conpatible with those of the-Comission ~and adeouate to protect the public.

-health and safety.with respect to the materials covered by the proposed agreement. Since the.

State is not seeking authority over uranium nilling activit a :s, subsection o, is not applicable go the proposed Illinois agreement."

Briefly, the comnents related to:

(Footnote Continued) for an amendment to cperate a waste compactor which precipitated this request is under review by NRC staff and includes preparation of an environmental assessnent.

If the proposed agreement is approved by the Commission prior to a final decision by NRC staff on the amendment request, the request will be included with the license which will be transferred to Illinois.

3Copies of the public comments era c,ailable for public inspection in the Comission's public document roent at 1717 H Street NW, Washington DC and the Comission's Region III Office, 799 Roosevelt Road, Building No. 4. Glen Ellyn, Illinois.

4While the tem " uranium milling" was used, subsection o applies to "the licensing)and regulation of byproduct material, as. defined in Section 11e.(2 of this Ar.t. or of any activity which results in the

. production of byproduct material as so defined under an agreement entered pursuant to subsection b."

Illinois did not request inclusion in the Agreement of Section 11e.(2) byproduct material and subsection o does not therefore apply.

l C____

_._n.______._________

+

o Unavailability in the NRC H Street PDR of documents referenced in the Federal Register (Conner and Wetterhahn).

Request to extend the roment period from o

30 to 60 days (Conner and Wetterhe.hni.

o Recuest for reconsideration by NRC of the classification of radioactive materials at the Kerr-McGee Rare Earths Facility in West Chicago (Eugene A. Rennels).

o Request i t Illinois be required to assume regulatory jurisdiction over all the radioactive materials at the Kerr-McGee Rare Earths Facility in West Chicago (i.e., byproduct naterial as defined in Secticn 11e.(2) of the Act)

(Eugene A. Rennels).

o Request that NRC adopt as policy certain resolutions of the City of West Chicago concerning the radioactive naterials at the Kerr-McGee Rare Earths Facility j

(Eugene A. Rennels).

o Objections to the planned requests by NRC staff to terminate the NRC adjudicatory proceedings on Sheffield and Kress Creek if the proposed Agreement is approved (Conner and Wetterbahn, Covington and Burling),

o Objection to NPC staff plan to transfer to Illinois under the Agreement jurisdiction over certain thorium contaminated i

materials associated with the Kerr-McGee l

West Chicago facility (Covington and l

Burling).

4 o

Objection to NRC staff views that transfers of authority under Section 274b.

Agreements may be made by categories of materials only (Conner and Wetterhahn).

o Recuests for an opportunity to present oral views to the Comission (Conner and Wetterhahn, Covington and Burling).

The staff carefully considered the comments that were submitted. The principal purposes of the comments are to request relief from the provisions of the proposed Agreement and to request an opportunity to orally present arguirents to the

)

L______________-_____--___

.g.

h Comission.

The applicable tests to be applied to a 1

e proposed Section 274b Agreement are the requirements of Section 274 of the Act, as amended, and the previously referenced implementing Comission Policy 4

Statenent (see p.4., supra) which scecifies criteria i

l to be net by States requesting approval to enter i

into Section 274b Agreements.

None of the coments received within the coment period disputed the staff's assessment and conclusion with respect to j

the adequacy and compatibility of the proposed l

Illinois program.

Following expfration of the

)

comment period, one comenter (Conner and Wetterhahn) continued to file comments by means of l

supplementary letters (now numberin l

date of preparation of this paper) g 5 as of the including a comment taking iss'fs with the staff's finding of compatibility for the low level waste program. The NRC staff has fcund the comment on cor'patibility to be without merit (see Enclosure C, coment no. 5 p.8, footnote 2, i_nfra).

The staff, after consideration of the comments, finds no basis to alter its conclusions. Since the other pub 1(c comments did not substantively dispute the staff's assessnent and were, in the main, limited to legal and procedural matters outside the scope of the i

assessment, the staff sees no reason to suggest 1

consideration by the Conmission of the requests by the commenters to present oral arcunents on the:;e matters.

The proposed program will be administered by the Illinois Department of Nuclear Safety, a cabinet level State agency.

Approximately 800 licenses will be transferred to the State.

NRC staff has worked out tne details of the transfer with Illinois to assure a smooth transition, In October,1986 the Department held a public meeting for NRC materials licensees in Illinois to explcln the arrangements under the Agreement and introduce Department staff.

OSP and Region III staffs participated.

It should be noted that the NRC staff conducts an extensive post agreement program with each Agreement State fo11cwing execution of a 274b agreement. This program consists of enchange of information, technical assistance, training, and periodic on-site i

reviews of the radiation control programs. Exchange of information covers incidents, enforcement actions, policies, reguidtions and program statistics.

Technical assistance includes help with statutes, regulations, licenses and inspections that are unusual or technically complex, and enforcement actions.

Training includes a variety of courses designed to enhance staff proficiency in health

t physics,. radiation engineering, lii.ensing,

. 4-inspection procedures, transportation, radiography.

1 and medical applications.

Periodic prop,ran reviews are r;ade at 12-18 month intervals to determine program adecuacy and compatibility using Comission g

approved guidelines.

Communications are frecuent with a new agreement State during the." start up" i

period and an on-site visit is made in about three months to see if there are any problem areas needing assistance.

i l

If approved by the Comission, Illinois will become the 29th Agreement St6te and the second such State in Region III.

i

_ RECOMMENDATION:

That the Commission:

l Find:

1.

That the proposed Illinois program for control of radiation hazards with respect to byproduct materials as defined in Section 11e.(1) of the Atomic Energy Act, source materials, and special nuclear mate ials in quantities not sufficient to fom a critical mass, and perr.anent disposal of low-level waste cantaining one or more of the foregoing riaterials but not cc taining uranium and thorium mill tailings (byproduct material as defined in Section 11e.(2) of the Act) is compatible with the Commission's program for the regulation of like mater %1s; and 2.

That the proposed Illinois program is adequate to protect the public health and safety with respect to the materials within the State covered by the proposed Section 274b Agreement.

3.

That authority to regulate the Allied-Chemical t!F conversion plant shall 6

be retained by the Comission consistent with its decision on policy for licenses subject to Section 27db Agreements which have comon defense and security significance (SECY-87-S9).

Approve:

1.

The proposed Section 274b Agreement set forth in Enclosure A between the State of Illinois and the fluclear Regulatory Comission.

am_______

.__.__.__m_

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'2.

The proposed Order to Allied-Chemical i

placing its conversion plant under

.c continued NRC regulatory authority for health and safety.as provided by,Section 278n of the Act. as amended.

Note:

1.

That the Comission's decision on Policy for licensees whose activities have a potential common defense and.sacurity h

significance has been applied to the-

-Allied Chemical UF, conversion plant in M11nois..The stafY will prepare correspondence notifying' DOE of this decision as specified in SECY 87-59 ard will prepare proposed revisions to the NRC Policy Statement to incorporate this decision.

2.

That the.Section 274b Agreement will be publisheo in the Federal Register within thirty days after signature of both parties as required by the Act.

3.

That the staff has been informed by_Dr.

Lash, Director of the Illinois' Department of Nue' ear Safety that the State does not desire a.fonrel signing ceremony.

Staff will prepare the: Agreement documents for.

the. Chairman's signature'and make appropriate arrangements for the execution 1

of the Agreement by correspondence.

4 That the Subconnittee on-Nuclear

' Regulation of the Senate Committee on l

Environment and Public Works, the t

Subcommittee on Energy and the Environment

-)

~

of the House Comittee on Interior-and

)

Insular Affairs, and the Subcommittee on Energy and Power of the House Committee on Energy and Comerce will be'infomed by a letter similar to Enclosure D.

]

5.

That a Public Announcement such as Enclosure E will be issued on filing of the notice with the Office of the Federal Register

)

6.

That a letter to Governor Thonpson similar to Enclosure F will be sent if the Comission approves the proposed Agreement.

COORDINATION:

The Office of the General Counsel has reviewed the Commission paper and enclosures and has no legal objection. The Executive Director for Operations has concurred in it.

SCHEDULING:

In his request, Governor Thompson did not specify an effective date for the Agreement.

Staff discussions with Dr. Lash, Director of the Illinois Department of Nuclear Safety indicate that a target date of March 1,1987 was' planned for. The staff believes an effective date of at least two weeks after approval would permit time for the State to sign the Agreement and allow for completion of an orderly transfer of files prior to the effective date. Therefore the staff recomends Comission action by May 6,1987.

/

w Harold R. Denton, Director Office of Governmental and Public Affairs

Enclosures:

A. Proposed Agreement B. Federal Register Notice with NRC staff assessment C. Sumaries of public comments and NRC staff responses D. Proposed letters to Congressional Comittees E. Proposed Public Announcement F. Proposed letter to Governor of Illinois G. Proposed Order to Allied-Chemical l

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Commissioners' comments or consent should be provided directly to'the Office of the Secretary by c.o.b. JT esday, May 5, 1987.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, April 28, 1987, with an infor-mation copy to the Office of the Secretary.

If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

Commissioners OGC (H Street)

OI OIA GPA REGION III EDO OGC (MNBB)

ACRS 3

ASLBP ASLAP SECY l

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i ENCLOSURE A

i e

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fnclosure A AGREEMENT DETWEEN THE UNITED STATES NUCLEAR REGULATORY COPMISSION AND THE STATE OF ILLIN0IS FOR DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 0F THE ATOMIC ENERGY ACT OF '954, AS AMENDED WHEREAS, the United States Nuclear Regulatory Comission (hereinafter referred to as the Comission) is authorized undec Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter rEfarred to as the Act), to j

enter into agreements with the Governor of any State providing for dis-continuance of the regulatnry authority of the Comnission within the Statt under Chapters 6, 7, and 8, and Section 161 of the Act with respect to by-product raterials as defined in Sections 11e.(1) and (2) of the Act, source materials, and special nuclear naterials in quantities not sufficient to fom a critical mass; and, WHEREAS, the Governor of the State of Illinois is authorized under Illinois Revised Statutes, 1985, ch. 111 1, par. 216b and ch. 111 1, par.

241-19, to enter into this Agreement with the Comission; and, WHEREAS, the Governor of the State of Illinois certified or. October 2, 1986, that the State of Illir.cis (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and, WHEREAS, the Comission found on that the program of the State for the regulation of the materials covereo by this Agreenent is compatible with the Comission's program for the regulation of such materials and is adequate to protect the public health and safety; and, WHEREAS, the State and the Comission recognize the desirability and importance of cooperation between the Commission and the Stete in the fomulation of standards for protection against hazards of radiation an:' in assuring that State and Comission programs for protection against hazards of radiation will be coordinated and compatible; and, WHEREAS, the Comission and the State recognize the desirability of reciprocal recognition of licenses and exemptions from licet.c*ng of those materials subject to this Agreenent; and, UHEREAS, this Acreement is entered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, IT IS HERERY AGREED between the Comissicn and the Governor of tbc State, acting in behalf of the State, as follows:

t

2 ARTICLE I Subject to the exceptions provided in Articles II, IV and V, the Comi:sion shad discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7, 1

end 8, and Section 16I of the fr.t with respect to the following:

A.

ByprcductmaterialasdefinedinSection11e.(1)ofthaAct; B.

Source materials; C.

Special nuclear materials in cuantities not sufficient to form a critical mass; and, D.

The land disposal of source, byproduct and special nuclear material received from other persons.

i ARTICLE II This Agreemer.t does not provide for discontinuance of any authority and the Comission shall rttain authority and responsibility with respect to regulation of:

A.

The construction and operation of any production c,r utilization facility; B.

The export from or import into the Un.ited States of byproduct, source, or special nuclear r.aterial, or cf any production or utilization facility; C.

The disposal into the ocean or sea of byproduct, source or special nuclear waste meterials as defined in regulations or orders of the Comission; D.

The disposal of such other byproduct, source, or special nuclear material as the Comission from time to time determines by regulation or order should, becaute of the hazards or potential hazards thereof, not be so di:; posed of without a license from the Comission; and, E.

The extraction or concentration of source material from source naterial ore and the management and disposal of the resulting byproduct material.

ARTICLE III This Agreement may be amended, upon application by the State and approval by the Corf,nission, to include the additional area specified in Article II, paragraph E, whereby the State can exert regulatory control over the materials stated therein.

i

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ARTICLE IV i

Notwithstanding this Agreement, the Comission may from time to time by rule, regulation or order, require that the manufacturer, processor, or

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I producer of any eouipment, device, comodity, or other product containing source, byproduct or special nuclear naterial shall not transfer possess 4rn or c(ntrol of such product except pursuant to a license or an exemptinn from licensing issued by the Corr:ission.

ARTICLE V This Agreenent shall not affect the authority of the Comission under subsection 161 b. or 1. of the Act to issue rules, regulations or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material.

ARTICLE VI The Comission will use its best efforts to cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Comission for protection against hazards of radiation and to assure that State and Comission programs for protection against hazards of radiation will be coordinated and compatible.

The State will use its best efforts to cooperate with the Comission and other Agree-ment States in the fomulation of standards and regulatory prograns of the State and the Comission for protection against hazards of radiation and to assure that the State's program will continue to be compatible with the program of the Comission for the regulation of like materials. The State and the Conmission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensirg, inspection and enforcement policies and criteria, and to obtain the coments and assistance of the other party thereon.

ARTICLE VII The Comission and the State agree that it is cesirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any Agreement State.

Accordingly, the Comission and the State acree to use their best efforts to oevelop appre-priate rules, regulations and procedures by which such reciprocity will be dCCorded.

ARTICLE VIII The Comission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend all or part of this agreement and reassert the licensing and regulatory authority vested in it under the Act if the Comission finds that (1) such termination or suspension is required to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of Section 274 of the Act. The Comission may also, pursuant to Section 274j of the Act, temporarily suspend all or part of this Agreement if in the judgment of the Comission, an emergency sitt,ation exists requiring immediate action to protect public health and safety and the State has failed to take necessary steps. The Comission shall periodically review this Agreement and actions taken by the State I

I under this Agreement to ensure compliance with Section 274 of the Act.

d

ARTICLE IX This Agreement shall become effective on

, and shall remain in effect unles; and until such time as it is teminated pursuant to Article VIII.

Dore at

, in triplicate, this day of FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

, Chaiman FOR THE STATE OF ILLINDIS Governor 1

'\\,

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j.

.I ENCLOSURE B 4

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

=mg Tsderal Registst / Vol. 52. No.13 / Wedneeday. January 21. 1987 / Notices 2310

^;

avuum: Notice is hereby given that relinquish and the Stats would assume more of the fomgoing materials but not the U.S. Nuclear Regulatory Commission certain regulatory authority pursuant to containing uranium and thorium mill la pubhshing for public comment the section U4 of the Atomic Energy Act of tailings (byproduct material as defined NRC staff assessment of a proposed 1954. as amended.

In section 11e.(2) of the Act.Re State Section 274e of the Atomic Energy Act does not wish to assurne authenty over agreemenfreceived from the Governor of 1954. as amended. requires that the arardum recovery activities.ne State.

{

of the State ofIllinois for the assumption of certain of the Commission's terms of the proposed agreement bs however. reserves the right to apply at a l

regulatory authority persuant to section published fer public comment onca each future date to NRC for an amended I

week for four consecutive weeks.

speement to assume authority in this 274 of the Atomic Energy Act of1954, as Accordingly, this notice will be area.The nine articles of the proposed f

amended. Comments are requested on published four times in the Todaral sprement cover the following areas:

the public beslth and safety aspects of L IJsts the materials covered by the the proposal.

Registar.

areement.

A staff assessment of the State's L Background H. Lista the Commission's continued proposed program for control over A Section 274 of the Atomic Energy authory and responsibility for certain scurces of radiation is set forth below as Act of 1054, as amended. provides a activities.

I supplementary information to this mechanism whereby the NRC may 11 1. Allows for future amendment of notice. A copy of the proposed transfer to the States certain regulatory the speement.

agreement. propam narrative. Including authority over agreement materials :

IV. Allows for certain regulstory the referenced appendices, apNeable when a State desires to assume this changes by b Commissics State legislation and lilinois regt..ations, authorny and the Govemor certifies that V.

References the ccatinued is available for pubhc inspection in the the State has an adequste regulatory authority of the Comrnission for Commission's public document room at pro ram, and when the Commission common defense and security for 1717 H Street NW.. Washingtoa DC. the fin a that the State's propam la f

rd Commission's Region ill Ofhce. 799 compatible with that of the NRC and is

    • f8""p[80d',s dfm M h

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Roosevelt Road. Buildmg No.4. Glen adequate to protect the public health Comnu.ssion and the Sts'e to achieve Ellyn' Ulinois. and the Illmois and safety. Section U4g directs the rdinated and compatible preparrs.

e Departmint of Nuclear Safety.1035 Commission to coop rate with the Vit Recofr.izes reciprocity of Outer Park Drive. Springfield. IJ1inois.

States in the formulation of standards licerms issued by the respective 4

Exemptions from the Commission's for protection against radiation hazards 88 "2 C2 "'

f regulatory su hority, which would to assure that State and Comnussion Vht Sets forth cnteria for

{

in!ement this proposed agreemen.

programs for radistion protection will be tuminst!an or cuspmim d the j

have been publ'shed in the Fedem Register and codified as Part 150 d 4he coordinated and compeuble. Further.

a gmment, Commission's regulations in Title 10 of section 274) provides that the IX. Specifies the effective date of Commission shall periodically review the speement.

the Code of Federal Regulations.

such agreements and actions taken by C. UL Rev. Stat.1985 ch 127, par.

I DATE: Comments must be received on or the States under the agreementt *o ena before January k.1987 '.

ure cornpliance with the previsions 7[,

n'8 i nr sfety e

p, 1

Acomissts: Written comments may be authorizes the Department to issue O

submitted to the Rules and Procedures B.1 a et er' dated October 2.106s' nd e m etto s o cens e}o{ljmes P.Thom son o b hstrat on$$

uer if of pmposed agreement syd otherwise Regulatory Cornmission. Washi gtort Commission e r in n agree ent m

1 p unnt to a tion 274 of o]tjlra

.7 r'y$and

[a ei e e t Ro Nations! Bank Building. Bethesda, amended.The Go temor certifbd that radiation protection were adopted on September 25.1986 under autbonty of Maryland from 8.15 a.m.to 5:00 p.m.

he State of Ulinch has a propam for the enabling siatute and provide Monday through Friday. Copies of control of rsdiation herstds which is sta ndards. licensing. inspection.

comments received may be examined at ad th blic h alth enforcement and administrative the NRCPub c cument Room.1717 H afet t

respect o the materia!?

procedures for speement and non-an Stmt s gin D within Be State covered by the agreement mettrials. Pursuant to eon runTHan twoaMAT104 COMTACT.

proposed agreement, and that the State

$ 330.380 the regulations will apply to loel O.Lubenau. Office of State of !!1inois desires to assume regulatory speement materials on the effective Programs. U.S. Nuclear Regulatory responsibility for such materials. The date of the agreement.The regulations Commission. Wsshington. DC 20555.

text of the proposed agreement is abown provide for the State to license and telephone: 301-492-0887 in Appendix A.

inspect users of naturally occurring and settutwtAmy tooRh4AT)O9C The epecific authority requested is for accelerator-produced radioactive Assessment of Propored1Hinois (1) byproduct material as defined e.

matuiale.

l Program to Regulate Ceetain Radioactive section11e.(1)of the Act.(2) source D. Illinois is one of two States with a 1

Materials Pursusnt to section 274 of the material. (3) special nuclear materiali.a cabinet-level agency devoted I

Atomic Energy Act of1954. as amended.

quantitles not aufficient to form a exclusively to radiation safety and i

The Commission has received a critical mass and (4) permane nt dieposal control. Illinolv role in radiation safety

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proposal from the Govemor of Illinois oflow.!avel waste containing one oc is traceable to 1955 when the Illinois i

I ipt the State to enter into an agreement U"'IM' M C#*'d N M0dC with the NRC whereby the NRC would

~. A tyrm6ct mai, net... d.r. red in stett)

Power Investigating Comminsion. The

a. eypmtet metais s. der.r.d in :t.<a; Illinois Department of Nuclear S,afety C some 'naimt.. ud Program provides a comprehensae su the prmens document m which the D. trecal nw.ies, ma ten 14 in qmm n no, program encompa esing radiation mcan, pes. tory commwan remu sh.

nmcnnt to fans e cnncat awu a

comnwei dudhne.

I i

I f

2312' Fadsral Register / Vol. 52. No. 23 / Wednesday. Jannery 21, 1987 /. Notices r

autho:lly inspections as per to C!R 19.

essentially uniform with those of to Cm recalved radiation exposu e in excess of

  • Section 19.16 and to be represer.ted.

Part 20. Waste transfer and manifest the prescribed limits.

j during inspections as specified in system requirements for transfer of The Illinois regulations require the Section 19.14 of to CFB 19.

waste for ultimate disposal at a land following records and reports licensees The Illmois regulation contain.b disposal facility are includcd in the and registrants:

requirements for instruction and nctices

!!!inois regulations.The waste disposal (a) Recorde covering personnel

]

to workers that are uniform with those requirements include a waste radistion exposures, radiation surveys.

of 10 CFR Part 19.

classification scheme and previsions for and disposals of materials.

Reference:

321LL ADM. CODE Part weste form equivalent to that in to CFR (b) Records of receipt and transfer of 4%XL Part 61.

materials.

8. Storose. Ucensed radioactive The !!!inois rqulations provide for (c) Reports concerning incidents matenalin storage shall be secured land disposal of low-level radioactive involving radioactive matenals.

aFainst unauthonzed removal.

waste received from other persons (d) Reports to former employees of The Illinois regulations contam. a which are compatible with the their radiation exposure.

re utrement for security of stored applicable technical definitions.

(e) Reports to employees of their p {,rence 32 kDM. CODE perf rmance bjectives, technical annual radiation exposura.

ra oa c' requirements and supporting sections (f) Reports to employees of radialion set ut n 0 exposure in excess of prescribed limits.

regulations m,CG Part 61.The I!!inois R ioactive Waste Disposal. (al elude provisions, for

Reference:

32 ILL ADM. CODE 310.40.

Waste disposal by. material uvrs.The andal snengunents 6 mm 340m M4050 awl 400.130.

standards for the disposal of r..licactive decontamination, closure and

12. Additiona/ Requirements and rnsterials into the air. water and sewer
  • stabilization. Under the Nuclear Waste Exemptiens. Consistent with the overall and burialin the soil shall be in Policy Act f 1982 (Pub. L 97--425) the.

cnteris here enumerated and to acecrdance with to CFR Part 20 financial arrangements for long-term accommodate special cases and Holders of radioactive material desiring

    • ^".oring and maintenance at specific circumstances, the State regulatory to re! ease or dispose of quantibes or sites in Illm is will be subject to authority shall be authorized in concentrations of radioactive materials Commission review and approval prior individual cases to impose additional in excess of prescribed limits shall be to lllin is relieving the s,te operator of requirements to protect hestth and i

required to obtain special permission licensed responsibility.

safety. or to grant necessary exemptions from the appropnate regulatory

References:

32 tLL ADM. CODE which will not jeopardize health and authoritydments for transfer of waste for3+0 ".060. 340.3010 to 340. 3110. Ps rt 601t safety.

Requir Section 151(al(2). Pub. L 97-425.

The Illinois Department of Nuclear the purpose of ultimate disposal s: a

10. Regulations Coverning Shipment Safety is authorized to impose upen any

!and disposal faci'ity (waste transfer and maruht system) shall be in of Radioactive Materio/s. "Ihe St te licensee or registrant by rule. regulation.

shall to the extent of its jurisdiction or order such requirements in addition accordance with 10 CFR Part 20.

The waste disposal standards shall promulgate regulations applicab!e to the to those established in the regulations as include a waste classification scheme shipment of radioactive materials such it deems appropriate or necessary to and provisions for waste form.

regulations to be corapatible with those minimize danger to public health and applicable to waste generators. that is established by the U.S. Department of safety or property.

equivalent to that contamed in 10 CFR Transportation and other agencies of the

Reference:

321LL ADM. CODE 3io.70.

Part 61.

United States whose junsdiction over The Department may also grant such (b) Laad Disposal of waste received interstate shipment of such materials exemptions from the requirements of the from other persons. The State shall necessarily continues. State regulations regulations as it determines are prcmulgate regulations containing regarding transportation of radioactive authonred by law and will not result in

, licensing requirements for Isnd disposal materists must be compatible with 10 undue hazard to public health and of radiwetive waste te elved from other CFR Part 71.

safety or property.

persons which are compatible with th:

The Illinnia regulations are uniform

Reference:

32 ILL ADM. CODE 310.30.

applicable technical definitions.

with those contained in NRC regulations Frior Evoluotion of Uses nf Radioactive performance objectives. technical to CFR Part ti.

Materials requirements and applicable supporting

References:

32 ILL ADM. CODE Part sections set forth m.10 CFR Part 81.

341.

13. Prior Evolvation ofHozords aniJ Adequate financial errar.gements (under
11. Records andReports. The State Uses. Ezeeptions. In the pesent state of tenns established by regulation) shall be regulatory program shall require that knowledge, it is necessary in regulating required of each waste disposal site holder: and users of radio 9etive the poenession and use of byproduct.

licensee to ensttre sufficient funds for materials (a) maintain records covering source and special nuclear materials decontamination. closure and personnel radiation exposures. radiation that the State regulatory authority stabilization of a disposal site.In surveys, and diasposals of materials:(b) require the submission ofinformation addition. Agreement State financial keep records of the receipt and transfer on and evaluation of. the poter.tial arrangements for tong-term monitoring of the materials:(c) report significant hazards and the espability of th-user or and maintenance of a specific site must incidents involving the materials. as possessor prior to his teceipt of the be reviewed and approved by the prescribed by the regulatory authority:

materials.This criterion is subject to Commission prior to relieving the site -

(d)make trailable upon request of a certain exceptions and to continuing operator of licensed responsibility former employee a report of the reappraisal as knowledge and i

I (set; tion 151(a)(2). Pub. L 97--.425).

employee's exposure to radiation:(e) at expedence in the atomic energy field The Illinois regulations contain request of an employee advise the increase. Prequently there are. and provittions relating to the disposal of employee of his or her annuel radiation increasingly in the future there may be.

radioactive materials into the air, water exposure: and (f) Inforrr. each employee categories of mater:als and uses as to acd sewer And burialin soil which are in writing when the employee has which there is sufficient knowledge to

n.

o A

Federal hglst:r / Vol. 52. No.13 / Wednesday. January 21, 1987 / Notice s 2313 permit possession and use without prior In evaluating a proposal to use is dependent upon the type and scope of evalustion of the hazards and the agreement meterials, the !!!inois the licensed activities and will be at capability of the possessor and user.

Department of Nuclear Safety will least as frequent as inspections of These categories fallinto two groups-determine that:

similar licensees by NRC. Generally, those matenals and uses which may be (1)The applicant is qual:fied by inspections will be unannounced.

completely exempt from regulatory reason of training and experience to use

References:

32111 ADM. CODE controls, and those materials arad uses the meterialin question foe the purpose 310.50. 310.60. 310.70 and 400.140(a);

in which sanctions for misuse are requested in accordance with the Illinois Program State; ment. Section maintained without pre-evaluation of regulations in such a manner as to

!!.B.1.(s)(2) " Inspection and the individual possession or use. In minimize danger to public beslth and Compliance." Section !!!C " Ins pection authorizing research and development safety or propertyt and Enforcement" and Section IVE.

or other activities involving.nultiple (2)The applicant's proposed

" Division of Resporcsibilities."

uses of radioactive materials, where an equipment, facilities, and procedures are

17. /nspections Compulsory. Ucensees institution has people with extensive adequate to ininimize danger to public shall be under obligation by law to training and experience. the State health and safety or property; and provide access to inspectors.

segulatory authority may wish to (3)De issuance of the license will not

!!!inois regulations state that licensees provide a means for authorizing broad be inimical to the health and safety of shall afford the Department at all use of rnaterials without evaluating each the public.

reasonable times opportunity to inspect aptcific use.

Other special requirements for the sources of radiation and the premises Prior to the issuance of a specific issuance of specificlicenses am and facilities whereia such sources of i

license for the use of radioactive contained in the regulations.

radistion are used or stored.

i

References:

32 !!1 ADM. CODE materials, the Illinois Department of

Reference:

3211L ADM. CODE 310.50.

Nuclear Safety will require the 330.250 to 330.280 and Part 601:lllinois gg gjy g submission of information on, and will am Statement. Sections 11.B.1.a(1)

Inspection. Ucensees are entitled to be make an evaluation of, the potential jenning Unt.(s) low. Incl and advised of the results ofinspections arid i

hazards of such uses, and the capability

[LB bt v,

i ste Management to notice as to whether or not they are in C

e8pp k. ant

15. Human Use. De use of radioactive compliance.

References:

32111 ADM. CODE materials and radiation on or in humans Following Department inspections.

shall not be permitted except by each licensee will be notified in wntmg l

330.240 to 330.240 and Part 601. Ilhno.is Program Statement. Sections ILB.1(a)(1) reperly qualified persons (normally of the results of the inspection.The Ucensing. I!C1(alt 3) ilegulating

[ censed physicians) possessing letters and wntten notices indicate if the Low. Level, Waste Disposal and 11LB.

prescribed minimum experience in the licer see is in compliance and if not. list Ocenskg.

use of radioisotopes or radiation.

the areas of noncompliance.

)

Provision is made for the frauance of The Illinois regulations require that

Reference:

Illinois Program Statement, generallicenses for byproduct. source the use of radioactive matenals Section !!.B.1.(a)(2)"Inspecuen and and special nuclear materials in (including sealed sources) on er in Compliance." Section Illa " Inspection situations where prior evaluation of the humans shall be by a physician having and Enforcement" and Section IVE.

licensee's qualifica uons. facilities, substantial experience in the handling

" Division of Responsibilities."

equyrnent and procedures are not and administration of radioactive Enforcement reconred. The regulations grant general material and, where applicable, the licenses under the same circumstances clinical management of radioactive

19. Enforcement Possession and use as those under which generallicenses patients.

of radioactive matenals should be are granted in the Commission's

Reference:

32 Ili ADM. CODE amenable to enforcement through legal regula tions.

330.280(a) (b). and (c).

sanctions, and the regulatory authority

References:

32111 ADM. CODE shall be equipped or assisted by law 330.210 and 330.220.

la8PcClied with the necessary powers for prompt ProviMon is made for exemption of

16. krpose. Trequency. De enforcement.This mayinclude as certain surce and other radioactive possession and use of radiosetive appropriate, administrative remedies l

usterists and devices containing materials shall be subject to inspection looking toward issuance of orders radioactive materials. The exemptions by the regulatory authority and shall be requinns affirmative action or for materials covered by the Agreement subject to the performance of tests as svepension or revocation of the right tg are the same as those granted by NRC required by the regulate,ry authotity, possest and use materials. and the regulations.

Inspection and testing is conducted to impounding of materials: the cbtaining

References:

32 IIL ABM. CODE determine and to assist in obtaining ofinJunctive relief; and the imposing of 330.30 and 330.40.

compliarce with regulatory civil or criminal penaltics.

14. Ero/uotion Criterio. In evaluatirg tequirementa. Fre quency of inspection The Illinois Department of Nuclear a proposal to use radioactive materials, shall be reisted directly to the amount Safety is equipped with the necessary the regulatory authorliy shall determine 6nd kind of material and type of powers for prompt enforcement of the the adequacy of the applicant's facilities operation licensed. and it shall be reg. !ations. Where conOtions exist that and safety equipment.his training and adequate to insure compliance.

create a clear presence of a hazard to experience in the use of the materials 111inois materials licensees will bs the public health that requires for the purpose requested, and his subject to inspection by the Department immediate action to protect human proposed administrative controls. States of Nucle 6r Safety. Upon instruction from health and safety. the Department may should develop guidance documents for the Department. licensees shall perform issue ordert to reduce, discontinue or i

use by license applicants.nis guidance or permit the Department to perform eliminate such conditions. ne i

l should be consistent with NRC licensing such reasonable tests and surveys as the department actions may also include and regulatory guide 6 for various Department deems appropriate or Impounding of radioactive meterial.

categories of licensed activities.

necessary. The frequency of inspections impcsition of a civil penalty. revocation t

1 1E______________

i 9.___ p m u m.

y Fe<!rral R2gister / Vol. 52. No.13 / Wednesday, January 21. 1987 / Notices 2315

" Health Physics in Radiation

" Transportation of Radioactive 1977-197/:NationalTaiwan University.

Accidents." Dak Ridge Asaocfattd Materists." US NRC lilinois (1983)

Hospital. Pharmacy intem. Taipei.

Universities, Terinessee (1979)

" Current Applications of Nuclear Taiwan

" Laser Safr.y Seminar." US Food and Imaging." Siemens Cammasonics. Inc.,

1977-1977:Pfizer Pharmaceutical Drug Admin., Wisconsin (1979) lllinois (1981)

Company. Assistant Pharmacist

  • Radiological Response Operations

" Nuclear Cardiology." Univ. of (intern). Tan Shul. Taiwan ROC Training Course." US NRC. Nevada

Y. David 4o Touche: Radioactive U878)

Experience:

Materials Ucense Reviewer. Division of 1982-Present: Ulinois Departmant of Nuclear Materials. Performs reviews of lut$ons

~

Nuclear Safety radioactive materiallicense applications Unv em California California (1978) 1973-1982:St. John's Hospital.

and performs inspections of radioactive

" Radiological Onergency Response Springfield.111inois materials licensees.

f Planning Course." US NRC Minnesota 1981:Unwoln Land Community College.

Training:

pg77; Springfield. Illinois (Instructor)

Ph.D.--Oregon State University (1981)

  • He 2!th Physics and Radiation 1973-1977:Nucleat Medicine Institute *

-Radiation Biology Lotection." US NRC. Tennessee Ohio (Affiliate Instructor)

M.S-Oregon State University (1978) 9g77) 1971-1973: Wesley Medical Center.

-Biological Science

" Fundamentals of Non.!onizing Kansas B.S.--Concordia University. Montreal.

Rudiation Protection." U.S. Food and Drug Administration. Maryland (1C*3) fou-Cuons(JoelRwang:Uces 58 Canada (1976)

"Ucensing Course-Byproduct. Source.

Section Head. Division of Nucleer

--Biology and Special Nucleas Materials." US Materials.Respon ble for supervising "Special Topics in Ucensing:

NRC Maryland (1972) the review of radioactive material Contingency Plans." US NRC. San license applications.

Francisco. CA (1986)

Experience:

1980-Present: IIHnois Department of Training-

" Health Physics and Radiation Nuclear Safety Ph.D.--Purdue University (1965)

Protection " US NRC Oak Ridge.

Tenneesee (19661 1971 - 1980: Ilwls Department of Public -Health Phyeica

" Uranium and Thorium: A Perspective Health. Division of Radiological MSpg.-University of South Caroline on the Hazard." Radistion Safety Health (1981) 1970 - 1971: University of lows

-Industrial Hygiene and Environmental As sociates. Inc., Springfield. Illinois Radiation Protection Offica Quality Assessmsnt (1986)

Michoe/ Ewen: Chief. Division of B.S.--National Taiw an University (1978) " Introduction to Ucensing Practices and Procedures." US NRC Bethesda.

Nuclear Materials. Manages the

-.-Pharmacy Division including supervision of staff

" Uranium and Thorium: A Perspective Maryland (1986) and establishment of program on the Hazard." Radiation Sdery Exp.edence:

Asociates. Inc., Springfield. Enois Prom Emis Departe d objectives.

0986)

Nuclear Safet Training-

"Extemal Dosimetry." Health Physica 1962-1986: Ores n State University.

M.A.-Sangamon State Univerr.ity. IL Society. State College. Pennsylvania Corvallis. Oregon Research Associate (1980) 0986) 1979-1981: Oregon Stste University.

-Business Administration

" Introduction to Licensing Practices and Corvallis. Oregon Graduate Research B.S.-University ofIowa 0971)

-Ceneral Science /Nucleat Medicine Procedures. US NRC Bethesda.

Associate 1977-1979: Oregon State University.

g]C d Thorium: A Perspective "Me Ua a Radionuclides for Cervallis. Oregon Gradua te. Teaching on the Hazard." Ra dis ti.on Safety State Regulatory Personnel" US NRC.

f - n tephenHsu Radioactive ates.Inc. Springfield.Illi ois Os Tenrtessee 0966) s "Sptdal Topics in Ucenalng-19ao-Present: Illinois Department of Contingency Plsns." US NRC San Nuclear Safety tr.dioactive meteriallicense applications Francisco.CA 096e) 1986. Purdue Un radusta and performs inspections of radioactae "In:ineration Ba sica." Univ. of ng tru

{

"". raining:

California. Irvine. Clarlotta. N.C ts Health 0986) g

" Basic Supervision" Keys Productivity

  • 19ejc39yPurdue University. Graduate M.S --Old Dominion University (19821 Center. Springield. !!!inois (1986)

Research Instructor. School of He alth

--Norfolk. Virginia

, impact of Proposed Changer to M CFR

-Physica sel 198019$ University of South Carolina.

B.S.-Tam Kang college of Arts and 8

in Cal aryland 9 Seierces Crsduate Teaching Assistant.

"Trans;ials." US DOE. Illinois 0545)

Department of EnvironmentalHealta

-Physics ortation o Radioactive

" Introduction to Air Top (es." US F.PA Mater

." Richmond Staff Seg e.,c,e Kansas City Minoun 1985)

" Technical Writinfinois (1985) 1m0-1980: University of South Carolina.

Development.11 Graduate Research Assistant.

"Heelth Physics and Radiation

" Health Physica and Radiation Department of EnvironmentalHealth Pidection." US NRC Cak Ridge.

Protection." Oak Ridge Associated Tennenu D964)

Sciences

  • Ca e and Oil Well Logging." US NRC 197Ms7R The Church of Taipel.

" Safety Aspects ofIndustrial Universities.Tenneuee (1985)

Minister. Taipei, Taiwan Radiography for State Regulatory

'Ucensing Practices and Procedures."

1WM979: Yun-Fu Pharmaceutical Ltd.,

Perr,or.nel." US NRC. Baton Rouge.

Texas 0984)

Pharmacist. Taipei. Taiwan Louisiana (1964)

US NRC. Maryland 0964)

m

)

21. 1987 / No?Jces 23q Foderal Register / Vol. 32. No.13 / Wednesday. January "Ra df a t[on Thera py Workshop. Medical a, applications and performa inspections of 1hPresent minois Department of unear Accelerates." US Public radioactive materials hcansees.

Nuclear Safety Health Service. Chicago. Il!!nois (1951)

Training-1984-1900; Univeralty of tews!!

" Acceptance Testir:s of Radiological Graduate work toward M.S.--Colorado 1985. Brookhavec National Laboratory Imaging Equipment." American State University (1985)

Sca3 Oak %dge Netional Laboratory Association of Physicista in Medicine. -Univenity of Termessee (1982)

Andrew S. Cu/crynsk/: Chicago American College of Radiology and

--Health Physics Inspection and Enforcement Section Godety for Radiological Engineering.

B.S.-Villanova University (1973)

Head. Dinaion of Nudear Materials.

Chicago. Illinois (1981)

--Blolop Supervises Chicago offir.e materia!a

" Safety Aspects ofIndustrial Certificate--St. losepb*a Hospital and license inspectors.

Radiography for State Programs." US Medical Center School of Nudear Tr"N NRC Baton Rocre. toutsinna (19et)

Medicine Tedmology Patenon. New BS-Northeastern Illinola University k ection F1ocdru," US NRC, Clen Jersey (1977) t.uyn. Illinola (1960)

(1964 "QvelNy Aarurance in Nuclear Medicine *1nspection Procedures." US N Atlanta. Georgia (1986)

'--Diolop Departments.** US Foed and Drva Fin Week Health Ptryslca and Rediation Protection Couns. US Adntinistration. Rockville. Maryland Experience:

NRC Oak Ridge.Tannessee (1986) g979; 1900-Present Illinois Depirtment of

" Int ernal Dose As sessment." Tar.hnical

" Radiological Emergency Response Nudear Safety Management Services. Ins hou Operations Training Course for State 1981-1984: Oak Ridge National and local Government Emergency Laboratory, Health and Safety 0984 Preparedness Personnal" FEMA. Las Re:earch Division. Senior Laboratory ateNels." US b'iC*I8'Encie Vegas. Nevada (1979)

Technician

%cial Pmcedures a CT Sanners" calUses of Radionuclidris for US Public Health service. Chicgo.

Ig791981: Oak R;dge National Labaratory. Biology Dwision.

" hie Stste Regulatory Peceoonet" US NRC.

LLlinois (1976)

Biological Technician Oak Ridea.Tennenee (19H)

" Radiological Workshop." US Public

" Safety Aspects ofindustriaj HeaM Serwce. Cbcago. Emis 0970 1977-19m Radiology Associates. Alb Einstein Medic,al Center. No. Dm: son.

Radiogref.by for Stato RegulatoryPenonne " US NRC Baton Rouge.

19&Pruent hois Department of I N N P'C

"' I '* " # "

  • Experience:

Nuclear Med one Technologist.

Louisiana 0983)

Nuclear Safety Inc., Analytical Chemistry Technician

  • Inspectiot Procedures for State igm 933. Illinois Depanment of Public.

/0^^ W COOPER Macager. Office of Regulatory Penormel." US NRC Health. Division of Radiological Envirnnsental Safety. Provides Atlanta. Georgia (1983)

Health technical support tolhe Division of

  • Radiological Emergency hesponse 19m97tk Oak Park Hospital. Nuclear Nuclear Materials on an as needed Opereties, FEMA, Las Vegas-Medicine Technologist. Oak Park.

basis.

Nevada 0983) hois Ixperience:

1972-1973: Oak Park Hospital. X-Ray Tra.ining-19&Present hols Departeent of Te.:hnelogist. Oak Park, hois Ph&-.Uninnity oflowa 0970

--Radiation Biology Nudear Safety Kanses Department of Health Robin Gehrbord! Bouerr Radioact!ve Mi-University of lown 0966) 1982-1985:

and Environment. Bureau of Radistiu Materials Ucense Inspector. Performa-Marmacy reviews of radioactive materials licenseB.S-Drake University (1960)

ContmlTopeka. Kansas-1981-19et Argonne National applications and performa inspections of --Pharmacy Laboratory. Argonne. Illinois radioactive materials licenaces.

"Industnal Ventilation Systems." OSHA Training:

Trabkg kawe. has 0983)

Univers, Northeastern blinola 1977-1981:ity. Ch.cago. Encia MS-Emory University (1985)

"Respirstor Safety for CSHO's." OSHA Training institute, Eooia (1982)

JohnD.Papendorf Radiocatin

--Radiological Physica Materials License Inspector. Perfortria B.S.-Univenity of Miami 0963) g,M reviews of radiactive materials limnse -Biology 1961-Present hols Department of applications and performs inspectiaca of " Health Physics and Radiation Nuclecr Safety radioactive materiafa licenaces.

Protection." US NRC Oak R1dge.

1775-136t U.S. Nudear Regulatory TratT T'"2"*** 0900)

Commitslon, Region m. Inspector and N.M.T.--Oak Park Hospital (1975)

Experience:

ILer% reviewer 1971-1975: A!!cgheny General Medical

--Nudeat Medidna Technologist igas-Present hols Depetment of Center. Radistion Biotagy Laboratory Certi$catiac University ofIowa. Radiation R.T.--Hines V A. Hospital (1972)

Nudeat Safety 19 % -1971:

1985-1965: Georgia Bsptist Hospital.

research and teaching

-X. Ray Technologist CertiScotion A.S.--Central YMCA Collegv 0972)

Internship,MedicalPbysica. Atlanta, Apparco Devotar Chief. Division of

  • InspectJoo of Transportation of Radicaetin Mataria!a. U.S.NRL,,'

1985-1985 W Udvenity.X. Ray.

Medical Pbysica. Prcvides technica!

Georgia Clen Ellyn. Elinois (1985)

Nudear Medicbs. Calibratkn.

suppon to the Division of Nuclear Materials on a.n as needed baaia.

,,Nudear Tramsportatlon,for State Atlanta. Georg's R

atoryPerannal USNRC 19893-19M:Loyola University.Research Trainbg Technician. Maywwd. Esta Ph.D.--University of New Orleans In foonna B. Kark Radioactive Materfats MS-University pf New Orteann (1975)-Physica

  • Hara a at ria T 1:

U.S. DOE. Chica go, hois 0983)

License Inspector. Performs rvviews of 0972)--Phydes "Ra distion Safety " Northwestem ndicactiva materials ticense UnJvenity.Evanston. Encis upe2)

Wa-5. - e.

om a

l 21, 1957 / Notices 2.319 Federal Register / Voi,52. No.13 / Wedn:sday, Janur.ry i

B.S.- Soothern mMn Untvenity (o)Stoffpreviouslyidentifiadio the (1979}-Geology i

M.S.--University of hois (1956)-

materials or umniwn conntsion plant "Uranlurn and Thorium, A Perspective Nudent Eupneering r.agulatory ontrightprograms (Sectiarr on the Hazard." Radiation Safety J

B1-Millikin Univerairy (1954)--

20 a cadbt Au ciatn. Springfield. illinois (19681 Physia/Mathemata Michael H. Moment.Ubains Che.

"Correctrve Actions for Containing and

  • Management Education Workshop." 2.

John W. Cooper.]ames F.Schweitzer.

Nat ona Water Well Dept s,f Personnel. Champaign (1978)

Con tl

" international Symposium on Migration (b/ O&trIDASSto/#

Association. Columbus, Ohio (1986)

Robert A. Lommler: Chlef. D(vision of "A Standardized System for Evaluation International AtornbEnergy Agency.

Waste and Transportation. Has of Crmmdwster Pollution Potential Cahnia (1978) responsibilities for implemendng the Using Hydrogeologe Setting."

I Blinois U.W management act.

National Water Weu Anocation.

  • Radiologeal Emergency Response Opersdons
  • US NRC. Nevada (1W7) supervises staff in the U.W progsm and Denver Colorado (1966)

"Woriahop on CoUective Ba gaining for tramages the spent nucisar fual and U.W " Groundwater Pollut$on and shipment inspection program.

Hydrology." Princeton & Assa:iates.

Ptblic Employees." 2. Dept of Training:

Miami.no ida (1986)

  • Administrative and Orgaturat! anal BS--Kent Stats Univmity (1971).--

" Engineering snd Design of Weste Personnel (tws)

DisposalSysteens. CivilEngneering Chemistry Behavior." D1. Dept. of PubHe Hedth "10 CFR 61." US NRC Springfield Departmot. Colorsdo Stat 2 (1975)

!!Unds (1906) ersity,'iort Collins. Colorsdo

" Professional Engineering Review.a "Incinerster Basics." Unfy. of CaRfornia,

""Cro dwater Monitoring Workshop."

Univ, of E. (1974) ternal "Radfonvs t ri nsportstion 111inois Department of Energy and "Rup nu d Stmetas e Forces.Le Earthqualsa. Tornados.

Workshop" US DOE. Chicago, hols Natural itesources. Champaign.

(3pg hois (1984) etc " Penn. State Univ. (1958)

~20 CFR 61 Compliance." TMS ine

'. Radiological Emergency Reeponse Experience:

Wa shington, D.C. (1964)

Training for State and Local 19ao-Present: hois Department of

" Radiological Protection Omcer Covernment Emergency Preparedness Pers nnel." FEMA. Nevada Test Site

" U S. Amb(1978)anced Course -

Nuclear Safety Co 1973-M80:Dlicois Department of PubUc

  • Che

! Officer A ence:

Materials 196 -1973:Sangamo.WestonE12ctmaica "Tr e att 1983-Pre:ent: hois Department tf Company. Springfield,ha by Air." US DOT (1972)

Nuclear Safety 1985~127:Watinghouse Electric

-Chedcal Omcer Baeic Course." U.S.1981-1983: Mine Geologist. Atlas Company. Forre st Hills. Penneylv anla Army (1971)

Miners!: Conoration. Moab. Utah

Reference:

Dlinois Program Ststement.

Experience:

1sim Associste Mne Celopst.

Section ID.D." Allied Chemical Ursnium 1984-Present hois Department of Ranchu's ExplesCon a Developmmt Conversion facility." Appendix 5. and Nuclear Sa.fety Corporadon. Albuquerque.New US Amy.RadiadM Sdery Medeo Append'x 9," Current Agreement State 1979-1983:

Sta ff Positions: Low.Ist el Ra dioactive Omcer.Pt.Riley Kansas Inte junie Geolopst.Ranchni Weste Managetment Program. Office of 1975-1978:US Ancy,y kim West Exploration & Development Cerms.ny Comoratfon, Albuquerque.Ntw Ecrironmental Safe'y.

1971-197kUS Army.Edgewood.

g**iC*

c. Ucensing andRegulation of Msry1and Shonnon M Mannigan. Geologst.

Permanens Oisposof ofLov.Lsni MichaelKlebe Nuclear Safety Reviews.f.nterpreto and evaluates Radioactive Waste Engineer. Serves as technical resource geolope hydrolope, physical and L P"*"d on U.W managetoent environmental environmental data reisted to mblema, decommissioning and disposal environmental tmpact design. locat,on.

& Office of EnvironmentalSafery faciuty siting, cor.struction and decommissioning of he a responsibility for the low.lsval waste (U.W) mansgement regulatory Traintng.

I' f

J program which (scludes the ShzEeld MA--Montana College of Mineral T'*i'k3

{

l alte and the regonal wasis disposal Science and Technology (19M} -

Bi-Drale University (1878] Geology Mining Engneering A.A.-Springfield Couege in hois i

facility.h asseesment of the BA-.Matana cod]e e d Mineral f

(1976}-Business regulatery framework is lacluded stnder Science andTec1 ology (1980}-.

. Radiological Emergency Response,,

J Criterion 9. "Radioacdvs Wasta l

Disposal" b u W and transportation M@ Engmeanng FEMA. Nevada (19so)

-Groundwater Contaminant Trknsport j

management program 13 staffed by 13 Experience.

Modaling." Prmcaton University, 1

technical staff members. N Manager 1905-.Present; hois Department M Princeton, New Jersey (1906) l of the Office of EnvironmentalSafety Nuclear Safety "A standardized System for Evalus.ing will provide overall npevision and 19c-19sa:Sheu Madng Canpany.

manssement and the Chief of the Houston. Texas and F!k hart, hola.

Grotmdwater Pouution Using Hydmgeologic Setting-Denver.

Omca's Division of Nucleat Chemistry Ening Engineer Colorado (1988) win provida isteratory scpport.

DavidMynnr Geolog'at. Eva!ustes

" Groundwater PoUution & Hydtclogy."

I Technical support will also be available geological and hydrologic factors Princeton Aarxistes. Pnnecton. New from the Division of Nuclear Matenals.

relating to LLW management.

lersey (1986)

%ese personnel and anmmades d their Training-duties arr I

l j

o

21. 1987 / Notices 2321 l

Fed:ral Regist:r / Vol. 52. N.13 / Wedresday, January coordinating and assisting with the

=

" Radon Training Seulon for State

' Comprehensive Hulth P6ysica."

Personnal." US EPA direction of office programa.

^

Rockwell! international D985)

Traldag-j

    • Biolo ical Effecia oflonizing Experience:

ofs Department of B.A.--WeUealey CoUe2e (1981)

'#Ng

,$,*etts Instit 3te of Techndogy.

Sho b 11 al h

)

en Atomic Electric J

Department of Urban Studies and f

^'"

-1 1 a ect ve A n

d lon int 5b$ vent o' kwell. Renarch Planning (1982-1964) n i

M: king for Radiological Emergency Reactor Fac ity Health Physica nhenity of Hanover.%,ut Cumany Response." US NRC. FTMA (1980)

Department of Planning and "EnvironmentalRadiation Technician Surveillance? Georgia Institute of Michael V. Madom.o: Nuclear Safety Architecture Ow1982)

Technology (1977)

Ase clate.Perf rms technicalduties Additional coursework in decision 1 in ni analysia fundamentals of radistion l

Operations Training? US NRC.ERDA cggge a fa protection, basardous weste f

  • Radiological Emergency Response minimization

~

U#7)

Tf81^188:

  • Environmental Source Term Modeling." B.S.--University of filinois Experience-l Unherai'y of Chicago. Argonne

-Nucleat Engineering. Radiation 1%Present Illinois Department of National Laboratory (1971)

Protection and Shielding Nuclear Safety Experience:

" Air Sampling for Radioactive 1G84: Parliamentary Research Service:

1mPresent: Illinois Dspartment of Materials." Oak Ridge Apodated Bonn.Weet Germany Universities: Oak Ridge. Tennessee 1982-1984: Worked on a variety of Nucleat Safety (m86) projecas deating with policy 1973-19act Illinois De;;artment of Public "Pertonal Computtr Applications in develo;nnem and dispute resolu; ion in NO Ulinois Environmental He alth Physica." 7MS. Inc.; Boston.

environmentalissues 19 MA 0988)

^8 Nudent-General Employee Tralning PdulE. Seidler: Nuclear Policy Analy:L Responsible for implementing AbdulKhalique: Nuclear Safety Scientist L Plans. imple/nents and (NCET). Commonwealth Edison.

Chicago. Ulinois 0985) the lilinois public participation plan.

p:rticipates in radioenslyt! cal programa.,, Radiation De'ection and also performs sa Usison with local Training:

Measurement-Advanced Course, govemed groups.

Ph.D.--Univenity of Birmingham.

Eberline Analytical Albuquerque, pedence.

England (1976). Analytical Chemistry New Mexico D985)

M.A.--University of Chicago 0966J M.S.--University of Karachi, Pakistan

  • Fundamentals of Ground Weter

-Public Policy (1967). Chemistry Contamination." Cereghty & MiDer.

B.A.--Univenity of hois 0983)

B.S.-University of Karachi. Pakistan Chicago. Illinois (1985)

-Political Science. Ccamulaestions gg34)

Experience:

Studies Quality Control Course. University of 1985-Present: Illinois Department of Urban & RetenalInfcrmation Systems Business Administration. University Nuclear Safety An:cauoa,1986 Annual Confertnce cf Karachi. Pakistan 19tW) 1h1984 (Summers):1111nois DsBO)

Experienca:

Department of Nuclear Ssfety Experience:

1mPresentIllinois Deputment of Richard Wo!Aen Nuclear Policy 1mPresent Ulinois Cepsrtment of Analyst. Performs review and analysis Nudear Safety Nudear Safety Dr.pratment of Pharmacology. of Federal and State regulations.

University of C.;hicago Office 1981-1988:

Southern Ulinois University School of 1 6 1966:

Training-of the ComptroUer Ph.D--Purdue University 0976) 1985-1985: Illinois Burnu of the Budget MedicineClaxk Laboratories Sociology (Research Methods and 19644985: Compaas Health Plans 1975-1980:

(pakistan). Ltd.

Statiatica) 1984-1984:U.S. Senator Paul Sirnen 19664972. Opal Laboratories. Ltd.

M.S.-Punius University (1974) 1982-1582: Creative Research (Pakistan)

--Sociology Anociates Melonic A.Homel: Health Phyalcist.

B.S.-Manetta College 0972)

. Referrnce. Ulinois Program Sts'ement, Tunctions as a health physics specialist

-Sociology in the environmental monitoring Environmental Ra diation SurveiUanca.

(Section D.C.1.a) kw-W Wute division.

Harvard University. Massachusetts Manager:ent." (Section U.C.t.b)

Tra6Ms.

I centals of Radistion Safety?

[ h; c

B1 vel rsity of f,owell.MA (1977).

"run RadaM Safety AuWatu D985)

Radioactive Waste Mansgement B.

t Program? and Appendic.:s 5 and 9 University of Lowell. MA 0977).

Experience:

21. Conditions Appheoble to Special Environmental Monitoring and 1965-Present Ulinois Department of Nuclear Material. Source Meterial. ond Surveillance. Health Physics Nucleat Sefety Witium.Nothing in the State's Certification Review, Medical Haalth 19764984: Chairman, Department of regulatory program shallinterfere with Physics Sociology.Blar.kburn College, the duties imposed on the holder of the
  • Environmental Law and the Citizen.-

Carlinnlle. Hunois materish by.the NRC. for example, the Sangemon State Univenity.

1976-1978: Department of Soc, ology duty to report to the NRC. on NRC Springfield, Illinois Muhlenberg Collega. AUentown.

prescribed forms 0) transfers of specia!

" Post. Accident Radiation Anessment.-

Pennsylvama nuclear material, source material, and Northwestern University. Illinois Teresa A. Adams: Nuclear Policy tritium; and (2) periodic inventory data.

  • Radiation Protection Instrumentation."

Analyst. Performs ctaff functions Harvard University. Boston.MA i

4

21. 1987 / Notices 2323 F:deral Register / Vol. S2. No.13 / Wednesday. !anuary WHEREAS.the Commission and the nert regu! story control over the applicable to tha proposedIllinois State recognize the desirability of materials stated therein.

egreement.

reciprocal recognition of ifcenses and AidcleIV Deted at Bethesda. Maryland. this ath day axemptions tromlicensing of those af December 1986.

instenals subject to this Agreement:

Notwithstanding this Agreement the l

Comm4sion may from time to time by Tor the U.S. Eclear Regdatory and'HEREAS, this Agreement la entered ru!a regulation or order, require that the Comminion, W

c. Wayne Kerr.

into pursuaet to the provisions of the manufacturer, processor, or producer of l

Diivetor. Office ofStowmsman Atomic Energy Act of 1954. ss amended; any equipment. device, commodity, or i

NOW.THEREFORE IT IS HEREBY other product containing sourcs' rial Appendix A-Proposed Agreement AGREED between the Comrnission and byproduct or afer' possession or control ecial nuclear es te B: tween the United States Nuclear Regulatory Commission and the State of the Govemor of the State, acting in shallnot trans 1111aola for Discontinuance of Carten behalf of the State as follows:

of such product except pursuant to a Iicen88 or an *Remption frorn licensing Commission Regulatory Authority and Article 1 Responsibility Within the State Pureuang Tc Section 274 of the Atomic Energy Act Subject tu the exceptions provided in l

A/ficle V cf1954.as Amended Articles II. IV and V. the Commission shall 6scontinue, as of the effective his Agreement shallnot aflect the WHEREAS, the United States Nuclear date of this Agreement the regulatory authority of the Commission under t

Regulatory Commission (hereinafter authon of the Commission in the State educM61 br 1. of 6 M M im referred to as the Cc:nMuicn)is under. spters 6.7 and 8. e.nd Section

,ge s.

. ations or orders to protect the j

cuthorized under Section 274 of the 161 of the Act with respect to tht, con.m defense and security. to pretect a

Atom.ic EneFEY Act of t954.ss amendec-gono,g"&

rntric'ed data of to 8 ard a8einst the (heremafter referred to as the Act) to A.Dyproduct resterial as defined in iys ch'iunion of special nuclear d

snter into agreements with the Covemor section11e.(1)of the Act:

cf any State providing for B. Source materials:

l disc.ontinuance of the regvlatory C. Special nuclear materials in Article vi J

cuthority of the Commission within the quantities not sufficient to form a The Commission will use its best State under Chapters 6. 7 and 8. and entical masa; knd.

efforts to cooperate with the State and l

Section 161 of the Act with res ect to D.The land disposal of sotree.

othu Ag ummt Statu in the byproduct materials as dehne in byproduct and special nuclear materitt fonnulation of standards arid regulatory l

Sections 11e.(1) and (2) of the Act, received from other persons.

f courte materials and special nuclear n

Im i

matedals in quantitfes not sufficient to ArticlJIl hazards o! radiation and to assure that i

form a gitical mata:sud.

This Apement does not prov' le for State and Commission programs for WHEREAS, the Governor of the State discontinuance of any authority and the p(otection J3ainst hazards of radiation of Illinoir la authorized under Illinois Commission shall retain authority and will be coordinated and compatible.The l

Revised S!stutes.1965, ch.111 %. par.

responsibility with rspect to regulation State will use its best efforts to j

216b and ch.111 %. par. 241-19 to enter of:

coopersts with the Commission and Into this Agreement with the A.%e constretion and operat:en of other Agreement States in the Cotomission: and.

any production or utilization faelDty:

formulation of standards and reguletory WHEREAS, the Covernor of the State B.The export from or import bio the programs of the State and the efIllinois certified on that ihe United States of bypro fuct, source or Commission for protection against State of Illinois (hereinafter referred to special nuclear material, or of any hazards of radiation and to assure that j

as the State) has a program for the control of radiation hazards adequate to production or utilization facility:

the State's program will continue to be C.The disposalic%e ocean or sea compatible wit 1. the program of the l

protect the public health and safety with of byproduct, source or special nuclear Comminion for the regulation of like l

respect to the materials within the State wssie materials as definedin materials.ne State and the covered by this Agreement, and that the regulations or orders of the Commission: Commission will use their best efforts to Stats desires to assume regulatory D.The disposa! of such other keep uch otherinformed of proposed responsibility for such meterials: and.

byproduct, source, or special nucle ar charges in their respective rules and WHEREAS. the Commission found on material as the Commission from time to regulations an6 bcensing. inspection and

)

- that the program of the State for the regulatJon of the materials Bovered time determines by regulation or order enforcement policies and criterie and to should.bause of the hazards or obtain the comments and assistance of by this Agreement 15 compatible with por atia1 hazards thereof. not be so the other party thereon.

the Commission's program for the dismedof without a11cenas from the regulation of such materials and is Comtninion: and.

Afgjef, pff adequate to protect the public health E.ne extraction or concentration of De Commission and the State agree and sefety; and.

source material from source material ore thaIit is desirable to provide reciprocal l

WHEREAS the State and the Commission recognize the desirability and the management and disposal of the recognition of license: for the materials and importance of cooperation between resulting byproduct material.

listedin Article Ilicensed by the other the Commission and the State in the A#fICI'III party or by any Agreement State.

formuistion of standards for protection

%is Agreement may be amended.

Accordingly, the Commission and the tpon application by the State and State agree to use their best efforts to l

rigainst hazards of rsdiation and in approval by the Commission, to include develop appropriate rules. regulations anuring that State and Commlulon.

of radiation will be coordinated and the additional area specified in Article and procedures by which such programs for protection agalnat hazards.

II. paragraph E, whereby the State can reciprocity will be accorded.

compatible'. tend.

t l

I s.

i I

)

s I

i ENCLOSURE C l

1.

1 e

~

Enclosure C Sumaries of Public Comegts and F:RC Staff Responses Comments 1 and 2 Letters dated January 7, 1987, and January 15, 1987 from Robert M.

Rader, Counsel for US Ecology, noting unavailability in the NRC H Street public document room of documents referenced in the Federal Register notice and requesting that the coment period be extended from 30 to 60 days. Mr. Rader stated that US Ecology, Inc. is currently a party to ;

proceeding before an NRC Atomic Safety and Licensing Board regarding tne low-level radioactive waste disposal site near Sheffield, Illinois.

NRC Staft Response:

On January 27, 1987, G. Wayne Kerr, Director, OSP infomed Mr. Rader that documents referenced in the FR notice were made available for public inspection in the PDR on January 9,1987, that the coment period was extended to February 20, 1987 to accommodate public review of the

{

corrected FR notice, and that the staff had decided, after careful consideration of the request, w+ to extend the 30 day comment period.

Coment 3 Letter dated January 29, 1987 from A. Eugene Rennels, Mayor, City of West Chicago, comenting on the classification of waste at the Kerr-McGee West Chicago Rare Earths Facility as section 11e.(2) byproduct material and on the request of Illinois to exclude this material from the provisions of the agreement, noting that under the proposed agreement Illinois would assume regulatory responsibility for off-site source material resulting from operation of the Kerr-PcGee West j

Chicago Rare Earths Facility (including off-site materiel which has been 1

or may be returned to the Kerr-McGee site), expressing the view that regulatory responsibility for the materiels located at the West Chicago Rare Earths F6cility site should not be divided between the State of Illinois and the NRC and requesting, u the alternative, either that the Comission disapprove the Agreement beceuse it does not include section

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11e.(2) byproduct material, or that the classification of the materials in the City of West Chicago, both those located at the i(err-McGee West Chicago Rare Earths Facility site and those located off-site, be reassessed and detemined to be source material. The Mayor also requested that b'RC adopt as policy 'utain resolutions of the City of West Chicago concerning the radioactive materials at the Kerr-McGee Rare l

Earths Facility.

{

1 ICopies of the public coments are available for public inspection in the Comission's public document room at 1717 H Street N.W.,

i Washington, DC and the Comission's Region III Office, 799 Roosevelt Road, Building No. 4. Glen Ellyn, Illinois.

]

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NRC Staff Response For the reasons set out below, the NRC staff disagrtes with the commenters' views that the off-site process wastes f/cm the West Chicaoo i

Rare Earths Facility, including those off-site wastes which have been I

subsequently returned to the West Chicago site, should da considered

/

{11e.(2)byproductmaterial.

In the opinion of the stoff, these wastes are properly characterized as source material.

Under the regulatory scheme established by $274 of the Atomic Energy Act of 1954, as amended, the transfer of jurisdiction over particular licenseet depends on whether the licensed activities fall within the categories of materials over which a state has agreed to assume regulatory authority under the provisions of a 5274b agreement.

In the case of the proposed Illinois agreement, Illinois would assume regulatory responsibility for ectivities in the following categories:

511e.(1) byproduct material, source material,. special nuclear material in quantities not sufficient to fonn a cHtical mass, and land disposal of low-level radioactive waste received from other persons. NRC would

)

retainjurisdictionover$11e.(2)byproductmaterial. While there is no argument over this division of authority, a dispute has arisen as to whether certain materials attributed to one licensee (Kerr-McGee Chemical Corporation) have been properly characterized.

The dispute relates to the characterization of cffsite materials located in the vicinity of Kerr-McGee's West Chicago site.

(Some of these materials I

have been returned to the Kerr-McGee ' West Chicago site for storage.)

One comenter, the City of West Chicago, urges that all the radiological materials on and in the vicinity of the West Chicago site be classified as source material, thereby placing all regulatory authority over these materials in the State of Illinois. Another commenter, Covington &

Burling on behalf of Kerr-McGee Chemical Corporation, Nrges that the i

offsite materials in the vicinity of the West Chicago site be classified as $11e.(2) byproduct material, thereby assuring that ragulatory l

responsibility for these materials will remain with NRC. The waste materials that have remained on the site are already classified as 111e.(2)byproductmaterial.

Both commenters object to the NRC staff's determination characterizing part of the materials at the West Chicago I

site is 611e.(2) byproduct material and part as source material (see Federal Register notice containing Staff Assessment of Proposed Agreeuent between the NRC and the State of Illinois, 52 FR 2309 at 2322, January 21,1987.)

In the opinion of these commenters, regulatory authority over these materials should either be exercised by NRC or by Illinois but not by both.

As defined in the Atomic Energy Act of 1954, es amended and the Comission's regulations, the terms source material and 611e.(2) byproduct material have the following meanings:

Source material means (1) uranium or thorium, or any combination thereof, in any physical or chemical form or (2) ores which contain by weight one-twentieth of one percent (0.05%) or more of (i) uranium, (ii) thorium or (iii) any combination thereof.

Source material does not include special nuclear naterial.

of industrial uses including polishes, chemical manufacture, catalysts, and television phosphors. Beginning in the 1940's, the refinery, under Government contracts, became a principal source of thorium for national j

defense needs.

Following World War II, much of the factory output was j

sold to U.S. ijovernment agencies. With the passage of the Atomic Energy 1

Act of 1954, production of thorium at the facility became subject to l

federal regulation. At all times since May 1, 1956, the facility has been licensed by the Atonic Energy Comission or its successor, the Nuclear Regulatory Comission.

In 1958, the facility was acquired by j

American Potash & Chemical Corporation which continued thcrium i

production at the site.

In 1967, Kerr-McGee acquired the West Chicago 1

Rare Earths Facility as a small part of its larger acquisition of

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American Potash.

In December 1973, Kerr41cGee discontinued operations

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at the facility.

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Kerr-McGee, which now holds a license authorizing possession of

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unlimited amounts of thorium at the West Chicago Rare Earths Facility, 1

has applied to the Commission for a licer.se amendment authorizing it to decommission the facility and restore the West Chicago site to its approximate original state. Under the restoration plan proposed by

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Kerr-McGee, all the factory structures would be torn down (demolition of these rtructures is r.ow essentially complete), five settling ponds would j

be eliminated and the contaminated building rubble and precess wastes would be placed in a disposal cell on s landscaped and fenced p;)rtion of the site.

The remainder of the property would be prepared for j

unrestricted, beneficial use.

The NRC has not yet acted on Kerr-McGee's application for a license amendment. The matter is pending before an Atomic Safety and Licensing Board. The State of Illinois has intervened I

in this proceeding. Both Illinois and the City of West Chicago have j

indicated that they want all the contaminated material removed from the site.

According to the plant operating history, as presented in the Kerr-McGee Decommissioning Plan submitted August 15, 1979, the West Chicago i

facility processed 10,000 tons per year of monazite sands during peak production years between 1954 and 1958, about 5000 to 6000 tons per year between 1958 and 1963, and about 2000 to 2500 tons per year before 1954 and after 1963. The ore fed to the process from 1954-1973 was about 77 percent of the total ore used from 1936-1973. The liquid and solid i

waste volumes which resulted from the production process and contain i

significant quantities of thorium and thorium dadghter products Wculd be essentially proportional to ore use. It follows, therefore, that the majority of the liquid and solid wastes producea during the life of the facility, including those now on the West Chicago site, were produced j

during the period the facility was licensed by the Atomic Energy i

Comission.

The process used for thorium and rare earths production at the West Chicago facility produced two types of waste materials. These wastes were initially deposited on site. One waste material resulted from the i

ure digestion process and was a solid sandlike residue. The other waste material was composed of liquid wastes from a number of processes and I

contained dissolved salts and suspended solids. The solids settled out l

on the bottoms of the facility's sumps and percolation ponds. These sediments were periodically dredged from the ponds and sumps and placed j

i

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the operations at the West Chicago Rare Earths Facility can be E

attributed to the production of rare eartns.-it would be inaccurate to characterize all the wastes detemined to have originated from the West

. Chicago Rare Earths Facility:as $11e.(2) byproduct material.

The NRC staff has characterized the contaminated landfill returned to the West Chicago site from West Chicago residential areas and the sewage-treatment plant as source material. The NRC staff has also E

characterized other offsite materials detemined to be contaminated as a' H

. result of the operations of the West Chicago Rare Earths Facility as source material. These materials include landfill at Reed-Keppler Park and in certain residential areas of DuPage County, and contaminated areas in Kress Creek and the West Branch of the DuPage River. The staff j

- based these characterizations on the fact that most'of the process wastes' created prior to 1953, particularly prior to the early 1940's, 4

are properly attributable to the production of rare earths.

It'is these

- materialszthat were removed from the West Chicago site and used as landfill. The process wastes created during the period'after 1953, particularly during the period the West Chicego Rare Earths Facility was primarily t9 the production of thorium.p, are properly attributable licensed by the Atumic Energy Comissio

-Accordingly, the staff has s

characterized the onsite process wastes which now remain at and have at no. time been removed from the West Chicago site as {11e.(2) byproduct material.

During the' period the fac Mity was producing thorium under its AEC license, come of the facility structures became increasingly contaminated. Since the most extensive use of the' buildings has been in connection with the thorium production process, the staff has also characterized the contaminated building rubble.left on the West Chicago site following demolition of the facility structures as 911e.(2) byproduct naterial.

In view of the fects, the staff is of the opinion that these characterizations are reasonable.

Both Kerr McGee Chemical. Corporation and US Ecology (see Comment 5) object to the temin6 tion of the proceedings before the Comission on the grounds that termination would deny them due process and be wasteful of the efforts that the Comission and the parties have devoted to those proceedings to date.

The comenters' due proceu concerns are speculative and without foundation. Once the Nhc proceedings are teminated, it will be up to q

Illinois to initiate its own enforcement proceedings. We see no basis to speculate that Illinois would deny either ef the licensees due process of law in the conduct of those proceedings.

The NRC staff has exavined Illinois procedures.for the fomulation of J

general rutas, for approving or denying applications for licenses or authorizations to possess and use radioactive materials and for taking disciplinary actions against licensees in the light of Criterion 23 l

I I

2See, Kerr-McGee Chemical Corporation, Internal Correspondence, Memos dated February 4, 1982 and January 21, 1983 re: " West Chicago Comingled Tailings."

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from Mark J. Wetterhahn). The NRC staff's views on these matters, surrnarized briefly in footnote 3 are contained in documents on file in the Comission's public document room and have, in addition, already been made available to the comenter under an FOIA request (F01A-87 47) which was both filed and answered before the relevant comments were submitted. Conner & Wetterhahn's late-filed coment of April 2,1987 addresses US Ecology's cencerns respecting two inactive chemical waste disposal sites located to the north and west of the Sheffield low-level radioactive waste disposal site. These chemical waste disposal sites are not regulated by the NRC and are not included in the categories of i

materials transferred by the agreement. The following NRC response to the comenter's letter dated February 20, 1987 also addresses the matters raised by Mark J. Wetterhahn in his late-filed coment letter dated March 6, 1987.'

NRC Staff Response i

The concerns expressed by Conner & Wetterhahn on behalf of their client, US Ecology, relate primarily to the anticipated impact of the Agreement upon the ongoing NRC adjudicatory proceeding involving the Sheffield site and to the detrimental effect that the State's assumption of regulatory authority is expected to have on US Ecology's procedural rights.

(The connenter's due response to Coment 4, supra.) process concerns are addressed in the NRC The coments do not substantively addmss the NRC staff's assessment of the Illinois program. The coments did not question the NRC staff's conclusion that Illinois' proposed program is adequate to protect public health and safety within the State nor do they substantively challenge the NRC staff's conclus Sn that the Illinois program is compatible with the Comission's reaulatory program for like materials. The principal purpose of the corrents is to request relief, specifically temporary exclusion of the Sheffield site, from the provisions of the proposed agreement.

On March 10, 1987, the Atomic Safety and Licensing Board issued an Order holding that all issues in the Sheffield proceeding hgd been resolved by the Board's Memorandum and Order of February 20, 1987 and concluding the proceeding.

On Parch 16, 1987, US Ecology appealed the Licensing l

Board's order and asked for expedited Appeal Board consideration, On (FootnoteContinued)

October 1,1986 from G. Wayne Kerr, SP to J. Davis, HMSS which sumarized the staff's disposition of HMSS' comments on the Illinois proposal, including addressing each and every one of those of WM.

This document was placed in the NRC public document room in Washington, DC l

along with other materials relating to the negotiations for an Agreement with Illinois on February 26, 1987 and was in the same package that l

contained the October 3, 1986 WM meno.

In the aggregate, staff found I

the March 16, 1987 cornent on the compatibility of the proposed Illinois l

proposal to be totally without merit.

4The Board's Memorandum and Order of February 20, 1987 addressed two legal issues. The first dealt with the possession of the buried materials and the second with the termination of the license.

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segments of a nuclear materials category or over individual licensees.7 Contrary to the views of the comenter, the NRC does not retain e

jurisdiction over pending enforcement matters after an Agreenent has been executed nor do such matters constitute a special category of radioactive materials within the meaning of $274. Read correctly, the menorandum on which the connenter relies only stands for the proposition that the staff is to finish what can be finished in the time available so that the turnover can be completed in an orderly manner.

Section.274j authorizes the Comission, under certain circumstances, to tenninate or suspend a $274b agreement and to reassert its licensing erd regulatory authority.

In 1978, this section was amended to enable the Comission to terminate or suspend "all or part of" its agreement. This change made it possible for the Comission to reassert regulatory authority over a single category of materials, such as uranium mills and mill tailings, while at the same tine permitting States to retain regulatory authority over other categories of materials subject to the agreement.

However, this amendment did not authorize NRC to terminate or suspend an agreement with respect to a particular licensee.

In 1980,

$274j was again amended to authorize NRC to reassert its regulatory authority over an individual licensee. Under this authority, the Comission may temporarily suspend all or part of its agreement with a State without notice or hearing if, in the judgment of the Commission:

"... an emergency situation exists with respect to any material covered by such an agreement creating danger which requires imediato action to protect the health or safety of persons either within or outside of the State, and... the State has failed to take steps necessary to contain or eliminate the cause of the danger within a reasonable time after the situation arose." Section 274j further provides that this temporary suspension is to remain in effe:t "only for (FootnoteContinued) agreement.

Section 274f tracks the text of $274e of the draft bill which the Atonic Energy Commission, NRC's predeces or agency, transmitted to the Joint s

Comittee on Atomic Energy in March 1959.

In its section-by-section analysis of $274e of the draft bill, the Comission concluded

" Subsection e. gives the Commission necessary authority to implement those agreements." JCAE, Joint Comittee Print " Selected Materials on Federal-State Cooperation in the Atomic Energy Field," March 1959, 86th Cong.,1st Sess, at p. 33. See also, analysis of S. 1987, es introduced,105 Cong. Rec. 7524, May 19,1959, 7This point is specifically addressed in the section-by-section analysis prepared by the AEC to accompany its draft bill which was introduced in the Senate as S. 1987 on May 19, 1959.

"Three categories of activities are specified. Under the bill the Comission r:ay enter into an agreement providing for discontinuance of its regulatory authority with respect to any one or more of those categories.

Such an agreement may not provide for discontinuance of the Comission's authority with respect to part of a category..." 105 Cong. Rec. 7523, May 19, 1959.

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ENCLOSURE D

m Enclosure D The Honorable John Breaux, Chairman I

Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C.

20510

Dear Mr. Chaiman:

We are pleased to advise the-Comittee that, pursuant to section 274 of the Atomic Energy Act of 1954, as amended, entitled " Cooperation with States," the Commission on

, 1987 approved a proposed Agreement with the State of Illinois under which the State will assume certain regulatory responsibi'ity for byproduct materials as defined in section 11e.(1) of the Act, source materials, special nuclear materials in cuantities less than a critical mass and for the commercial disposal of low-level radioactive waste. The State will not assume authority'for uranium or thorium milling activities nc-for the Allied-Chemical UF 6

conversion p1hnt in Metropolis. The State did not request authority to regulate uranium or thorium milling activities. The Commission has decided to retain authority over the Allied-Chemical plant hecause of its significance to the comon defense and security.

A copy of the proposed Agreement is enclosed. Also enclosed is a copy of the public announcement which we plar,to issue within the next few days.

In his proposal requesting that the Comission enter into an Agreement with the State, Governor James R. Thompson certified that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the naterials

2 covered by the pioposed Agreement, and that the State desires to assume regulatory responsibility for such materials.

1 l

The proposrA Agreement and the staff assessment of the proposed Agreement were published in the Federal Register for public comment as required by section 274 of the Atomic Energy Act, as amended.

Copies of the proposal were made available for public inspection at the Commission's Public Document Roon.

l The Commission has detemined that the Illinois program is compatible with the Comission's program for the regulation of like materials and adequate to protect the public health and safety with respe:t to the materials covered by the proposed Agreement.

It is planned to execute the Agrcement by correspondence with an effective date of

, 1987 The Agreenent will be published in the Federal Register within thirty days after signature by the parties.

Sincerely, Carlton C. Kamerer. Director State, local and Indian Tribe Programs Office of Governmental and Public Affairs

Enclosures:

1. Agreement
2. Proposed Public Announcement cc:

Senator Alan Simpson

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ENCLOSURE E i

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Enclosure E PP.0 POSED P' BLIC ANNOUNCEMENT J

NRC APPROVES ILLINDIS AGREEMENT TO c'iULATE USE OF CERTAIN RADI0 ACTIVE MATER 1r.LS l

The Nuclear Regulatory Comission has approved an Agreement with the j

State of Illinois under which that State will assurrc. part of the fluclear Regulatory Comission's regulatory authority over the use of certain radioactive materials. The Agreement will become effective on -

c

, 1987.

Under the Agreement, the responsibility for licensing, rulemaking, inspection, and enforcement concerning the use of byproduct materials, the source materials uranium and thorium, swall quantities of fissionable materials and commercial low-level waste disposal will be transferred to Illinois.

There are approximately 800 NRC licenses currently in effect in Illinois which will be transferred to the State.

The Agreement, however, does not provide for State authority over Section 11e.(2) byproduct material milling activities or their waster.

The Comission will also retain authority over the Allied-Chemical UF 6

conversion plant in Metropolis because of its significance to the national common defense and security.

The Illinois Department of Nuclear Safety will be the State agency responsible for administering the regulatory progran.

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l11 1.-

The Commission has found that the radiation control progran proposed by' Illinois is compatible with the NRC progran and is adequate to protect i

the public health and safety. The Agreement, as approved by the Comission, is the satae as the one published for public comment in the Federal Register for four consecutive weeks beginning on January 21, 1987.

Illinoir, becomes the 29th State to sign such an Agreement with the NRC.

Other States which have already assumed this authority from the NRC are:

Alabama; Arizona, Arkansas, California, Colorado, Florida, Gcorgia,

' Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraskc, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Da!P,ta, Oregon, Rhode Island, South Carolina. Tennessee, Texas, Utah and Washington, i

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..p ENCLOSURE F

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Enclosure F The Honorable James R. Thonpson Governor of Illinois Springfield, Illinois 62706

Dear Governor Thompson:

I am pleased to infom you that the Nuclear Regulatory Comission has approved your proposed Agreement under which the NRC will discontinue and the State of Illinois, on

, 1987, will assume certain of the Comission's regulatory authority over byproduct, source and special nuclear materials in accordance with section 274 of the Atomic Energy Act of 1954, as amended. The Comission, a#ter consultation with the U.S. Department of Energy and after careful consideration of the national comon defense and security needs, has ordered retention of regulatory authority for health and safety over the Allied-Chemical conversion plant in Metropolis (enclosure.1). Please be assured that this action does not in any way reflect upon the overall adecuacy of the Illinois program for regulation of health and safety.

We plan, however, to continue to keep the Illinois Department of Nuclear Safety informed of health and safety regulatory actions taken with respect to this plant.

?

I am pleased to enclose three (3) copies of the Agreement for your signature (enclosure 1).

Following your execution of the Agreement, please return two copies to NRC. The third copy is for retention by the State.

j I

L On behalf of the Comission, I congratulate you, your staff, and the State of Illinois for taking this important step in Federal-State relations.

Sincerely, Lando W. Zech, Jr.

Chairman

Enclosure:

As stated

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Y ENCLOSURE G I

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Enclosure G UNITED STATES nJCLEAR Rent'LATORY COMMISSION Ir the Matter of

)

ALLIED-CHEMICAL CORPORATION Docket No. 40-Metropolis, Illinois

)

License No. _

ORDER TO PROTECT THE COMMON DEFENSE AND S'ECURITY I

4 i

Allied-Chemical Corporation, Metropolis, Illinois, (the " licensee")

l 1s the holder of License No,.

(the " licensee") issued by the Nuclear Regulatory Commission (the " Commission" or "NRC") which authorizes the licensee to use source material in a UF conversion plant g

in Metropolis, Illinois.

The license was last issued On 19_ and will expire on

, 19_.

II In a letter dated October 2,1986, Governor James P. Thompson of the State of Illinois requested that the Comission enter into an Agreement with the State pursrant to Section 274 of the Atomic Energy

{

Act, as amended. The~ specific authority reouested includes the-l category, source material. An NRC staff assessment and the proposed 1

agreement were pt.blished in the Federal Register.for public comment (52 FR 2309, 2898, 3503 and 4456; correction notice at 52 FR 4569). The staff assessment noted that with respect to the Allied. Chemical plant, the.Comission was considering whether continued NRC regulation was necessary in the interest of the common defense and security of the United States.

III In a letter dated Novembcr 17, 1986, the Department of Energy,

(" DOE")commentingtoNRConthematteroftheproposedinclusionofthe NRC license to Allied Chemical among the category of source material licenses to be transferred to Illinois under a Section 274b Agreenent, I

stated that the combination of the commercially operated uranium conversion facilitiet in the U.S. and the DOE operated enrichment facilities represent a complex that is an important national asset essential to maintaining the common defense and security of the United States.

DOE further exp~ essed the view that, "it would be prudent for r

NRC to retain its existing regulatory authority over uranium conversion facilities consistent with its charter to regulate facilities whose operation is in the naticnal interest."

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_4.)

L IV Upon consideration of these facts, the Comission has detennined l

that regulation of the Allied-Chemical conversion plant in Metropolis i

should be continued under NRC jurisdiction to protect the comon defense and security.-

V l

l-In view of the foregoing and pursuant to Section 274m of the Atonic

-Energy Act, as amended, 42 U.S.C. 92021(m), IT.IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:

a.

Notwithstanding the provisions of a Section 274b Agreement

.with the State of Illinois as approved by the Comiskicn the NRC jurisdiction over the possession and use of source meterial by Allied Chemical.(license

) shall be retained by the NRC, and b..

NRC jurisdiction over the license shall remain in effect during the term of such Section 274b Agreertent unless the Comission shall determine that continued regulation by NRC is no longer needed to

. assure the protection cf the comon defense and security of.the l'hited States.

VI Any person whose interests may be affected by this. order may within days'of the date of this order file written coments with supporting analysis with the Secretary of the Comission explaining why this order should not have been issued. The Comission vill consider i

any coments that are filed with a view to possible modification or rescission of the order. The filing of any coments does not stay the effectiveness of this order.

j 1

i FOR THE UNITED STATES 1

NUCLEAR REGULATORY COMMISSION Samuel J. Chilk, Secretary Office of the Secretary of the Comission Dated at Washington, DC this day of

, 1987.

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