ML20140G788
| ML20140G788 | |
| Person / Time | |
|---|---|
| Issue date: | 09/18/1985 |
| From: | Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20140C976 | List:
|
| References | |
| NUDOCS 8509300389 | |
| Download: ML20140G788 (25) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION o
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j WASHINGTON, D. C. 20555 4
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SEP 181985 MEMORANDUM FOR:
G. Wayne Kerr, Director Office of State Programs FROM:
William J. Olmstead Director and Chief Counsel Regulations Division Office of the Executive Legal Director
SUBJECT:
DRAFT PROPOSAL FROM ILLIN0IS FOR AGREEMENT STATE STATUS We have reviewed the draft proposal 'from Illinois for a 9 274b agreement with NRC. Our detailed comments (Enclosure A) on the Draft Agreement, Draft Letter from the Governor Illinois Statutes and Illinois Regulations are
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attached.
In view of our prior review of the Illinois Statutes,1/ our comments on the volume of statutes submitted by Illinois u part of its draft application for Agreement State status are relatively brief. While we believe there are no significant discrepancies between the statutes previously reviewed and those submitted with the Illinois draft application, we have not performed a word-for-word comparison of the respective texts.
Also attached (Enclosure C) is a separate analysis which identifies the extent to which the Illinois statutes.and regulations meet the criteria in the NRC Statement of Policy for guidance of States and NRC in discontinuance of NRC regulatory authority and assumption of regulatory authority by States i
through a 5 274b agreement.
We have reviewed the State's Program Statement and found the account of the activities of the Office of Nuclear Facility Safety (see pp. 31-37) which relate principally to nuclear power reactors, of particular interest. 2/
It is 1/
See Memorandum of August 9,1984 from William J. Olmstead to Donald A.
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Nussbaumer re:
Review of Illinois Enabling Legislation Regarding Agreement State Status (Enclosure B).
2/
With respect to this matter, the powers vested in the Department of Nuclect Safety by its Enabling Act, including powers steming from the Illinois Boiler and Pressure Vessel Safety Act, are also of interest.
In addition. _see paragraph P18a of the Illinois Radiation Protection Act authorizing the Department of Nuclear Safety "to enter into...
agreements with the Federal Government... whereby this State will perform on a co-operative basis with the Federal Government...
inspections or other functions relating to control of sources of ionizing radiation."
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- our understanding that Illinois is performing these activities in accordance with the provisions of a broad Memorandum of Understanding entered into by NRC and Illinois under the authority of 6 2741 of the Atomic Energy Act of 1954, as amended (49 FR 20586, May 15, 1984).
Section 2741 authorizes the NRC to enter into agreements under which States may undertake to perform certain NRC functions for the Commission.
Article II of the proposed 6 274b Agreement with Illinois states, in part, that:
"This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of:
"A.
The construction and operation of any production or utilization facility;..."
We assume Illinois is fully aware of the fact that its activities with respect to nuclear power reactors (see Program Statement at pp. 31-37) are not among the activities transferred to the State under the provisions of the proposed 9 274b Agreement.
(Also see comment on this topic in Memorandum of August 9,1984 on " Review of ITTinois Enabling Legislation Regarding Agreement State Status," (Enclosure B at pp.1-2.) To avoid any misunder-standingonthispoint,werecommendthatinprovidingcommentstoIllinois,l NRC explicitly state that with respect to regulation of nuclear power reactors, the NRC retains full regulatory authority and that any State activities in connection with the nuclear safety of design or operation of nuclear reactor f acilities would be limited to activities carried out under agreements pursuant to 9 2741 of the Atomic Energy Act.
With respect to the transfer of regulatory control over the Sheffield low-level radioactive waste disposal site, the fellowing procedures are recommended:
1.
The Commission paper should state specifically that jurisdiction over the Sheffield site will be relinquished to the Stato under the Agree-ment.
For this purpose, following legal precedent, 3/ special nuclear 3/
See Memorandum of July 7,1964 fron Joseph F. Hennessey, General Counsel to Harold L. Price, Director of Regulation re:
" Land Burial of Special Nuclear Material in Agreement States" which states in part:
"The key issue here is whether or not buried special nuclear material must be deemed, under the Commission's present regula-tions, to be still ' possessed or used' by the burial ground (FOOTNOTE CONTINUED ON NEXT PAGE)
I i material buried in' the trenches is not counted in determining if there is more than a critical mass. The Federal Register Notice should also expressly note that jurisdiction over the site will be relinquished to the State, and that upon execution of the igreement the NRC will request the Atomic Safety and Licensing Board to termi1 ate the present proceeding (Docket No. 27-29 SC).
I 2.
After execution of the Agreement, NRC Staff Counsel will move the Board to terminate the proceeding on the ground that the NRC no longer has jurisdiction over the subject matter of the proceeding, having relinquished I
jurisdiction to the State of Illinois.
3.
Upon issuance of a Board order terminating the proceeding, the NRC staff will transfer the license and associated records, including the docket file, to the State of Illinois in the normal course of business.
It is unclear from a review of the proposed agreement whether Illinois proposes to assume jurisdiction over the radioactive wastes found in Kress Creek and the West Branch of the DuPaca "iver located in and around West Chicago, DuPege County.
The Licensing Board in the enforcement proceeding related to Kress Creek has ruled that the proponents of the show cause order (the NRC staff and the State of Illinois, an Intervenor) must demonstrate that the thorium-contaminated wastes are source material under the Atomic Energy Act. Assuming this can be demonstrated, the wastes would then appear j
to fall within Illinois' proposed jurisdiction since it would assume i
(FOOTNOTE CONTINUED FROM PREVIOUS PAGE) operator.
In my opinion, special nuclear material which has been disposed of by land burial is no longer ' possessed or used' by the burial ground operator within the meaning of those terms as set forth in 6 150.11(b). This interpretation is clearly consistent with the Comission's policies... [and] I am aware of no reason why i 150.11(b) should not be considered a valid exercise of Commission discretion under section 274 of the Act. Consequently, only those amounts of special nuclear material which are unburied need be taken into account in determining whether or not a burial ground operator is in possession of an amount sufficient to form a critical mass.
"This interpretation is also consistent with the Commission's past and present practice in connection with the regulation of the burial ground operated by Nuclear Engineering Company, Incorporated, inNevada(anon-agreementState).
It is my understanding that the quantity limitation imaosed upon the licensee as a license condition with respect to lis possession of special nuclear material has been construed and administered as applying only to the unburied material."
, jurisdiction over source material in that State. The Licensing Board has,
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however, also ruled that the proponents maf seek to demonstrate that the EPA standards for thorium mill tailings promulgated under the Uranium Mill Tailings Radiation Control Act are appropriate for application in the Kress Creek proceeding.
In the proposed agreement, Illinois would not assume jurisdiction over mill tailings. Under the circumstances, you may wish to include in the NRC's comments on the proposed agreement a question as to whether Illinois proposes to assume jurisdiction over the thorium-contaminated wastes in Kress Creek and the West Branch of the DuPage River.
It is our understanding of the Illinois submittal that Illinois would not be accept.ing jurisdiction under the agreement over the Kerr-McGee West Chicago Rare Earths Facility. All the parties in that proceeding (Docket No. 40-2061-ML) agree that the wastes result from the extraction of source material from source material ore, and are therefore byproduct material within the meaning of 5 11e(2) of the Atomic Energy Act of 1954, as amended.
Illinois has specifically excluded 5 11e(2) byproduct material from the provisions of the proposed 5 274b Agreement. However, as a party in the f
West Chicago proceeding, Illinois has evidenced deep interest in the A,g" p disposal of the West Chicago wastes. We suggest that the Commission be informed of Illinois' interest in the West Chicago matter.
In view of this r
interest, the Commission may wish to consider, as a matter of policy, whether the position of Illinois with respect to the exclusion of 511e(2)
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i byproduct material from the proposed agreement is acceptable.
So far as we are aware, there is no evidence that other uranium or source material j6g Ig milling activities are likely to be conducted in Illinois in the future.
AP Thus the question of policy relates solely to jurisdiction over the West Chicago Rare Earths Facility.
WilliamJ.OImstead Director and Chief Counsel Regulations Division Office of the Executive Legal Director
Enclosures:
A.
Detailed OELD Coments on Draft Proposal from Illinois for Agreement State Status B.
Memorandum of August 9, 1984 from William J. Olmstead to Donald A.
Nussbaumer re: Review of Illinois Enabling Legislation Regarding Agreement State Status C.
OELD Analysis of Illinois Statutes and Regulations from Standpoint of NRC Criteria y
grp 1 E W63 Enclosure A DETAILED OELD COMMENTS ON DRAFT PROPOSAL FROM ILLIN0IS FOR AGREEMENT STATE STATUS Draft Agreement The preamble of the draft agreement does not contain a statement acknowledging the required certification by the Covernor.
The following text should be inserted immediately following the second "Whereas" paragraph:
"WHEREAS, the Governor of the State of Illinois certified on that the State of Illinois (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" Some minor typographical corrections are marked directly on the draft agreement.
Draft Letter from the Governor Since the Governor's certification is an essential statutory requirement, the language used (see first sentence on page 2 of the Governor's letter) should track the exact language used in 5 274d(l) of the Atomic Energy Act of 1954, as amended. Acccrdingly, the sentence referred to should be revised to read as follows:
"I certify that the State of Illinois has a program for the control of radiation hazards adequate to' protect the public health and safety with respect to the materials within the State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such materials."
We would recommend that the description of the materials covered by the proposed agreement, as set out on the first page of the Governor's draft letter, be identical to that used in Article I of the agreement. The statutory reference on page 1, ifne 3 of the draft letter should be changed from "Section 274" to "Section 274b."
Illinois Statutes In support of its application for a 5 274b agreement with NRC Illinois has submitted the texts of twelve statutes, including the Central Midwest Interstate low-level Radioactive Waste Compact, for review. These statutes
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- l were previously reviewed by this office and our views were furnished to Donald A. Nussbaumer, Office of State Programs, by memorandum dated August 9, 1984 (Enclosure B). To the views expressed in that memorandum, we would add the following comments.
Both the Illinois Environmental Protection Act (see par. 1042) and the Low-Level Radioactive Waste Management Act authorize the imposition of civil penalties.
The Illinois Act to require the registration of radiation installations should be added to the list of laws identified on p. 2 of the August 9,1984 memorandum as addressing matters affecting nuclear power reactors. Although originally enacted in 1957, prior to the construction and operation of any commercial nuclear power plants in the State of Illinois, the language of this Act, which requires the registration of radiation installations and authorizes Illinois to investigate and inspect (see 5 4) those installations, is broad enough to include nuclear power plants.
As defined in 51(d) of the Act, the term " radiation installation" means "any location or facility... where radioactive material is produced, transported, stored, disposed or used for any purpose." The identical definition is also used in par. 213.7 of the Illinois Radiation Protection Act. The term " radioactive material" as define'd in 51(c) means "any material, solid, liquid or gas which emits radiation sponte.neously." Section 5 of the Act provides that "[t]he conducting of any business or the carrying on of activities within a radiation installation without registering such installation or without complying with the provisions of this Act in regard to such installation is declared to be inimical to the public welfare and public safety and to constitute a public nuisance." Section 5 of the Act authorizes the Attorney General to bring an injunction action against any operator of a radiation installation who fails to comply with the provisions of the Act. Operators of radiation installations are also subject to criminal penalties for noncompliance (see 5 6.)
On the basis of this analysis, it is our opinion that attempts by Illinois to implement and enforce the requirements of the Radiation Installations Act against nuclear power plant operators could be struck down on the theory that these requirements ccacern matters subject to the exclusive jurisdiction of the NRC. 1,/
Some of the broad powers accorded the Illinois Department of Nuclear Safety by its Enabling Act, including those relating to the formulation of a general nuclear policy for Illinois and the formulation of a comprehensive State plan
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In this connection, see 5 216a of the Illinois Radiation Protection Act which states, in part:
"(4) Rules and Regulations promulgated to [ sic]
this Act may provide for recognition of other State or Federal licenses as the Department may deem desirable, subject to such registration requirements as the Department may prescribe." (Emphasis supplied.)
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- for the transportation of nuclear and radioactive materials, may also trench on areas reserved exclusively to NRC.
Illinois Regulations We have compared the following Parts of the Illinois Regulations with the 1982 Edition of the Suggested State Regulations (hereafter SSR) and with the parallel provisions of the NRC regulations. Specific comments on the Parts identified by an asterisk are set out below.
- Part 200 - Administrative Hearings
- Part 310 - General Provisions
- Part 320 - Registration
- Part 330 - Licensing of Radioactive Material
- Part 331 - Fees for Radioactive Material Licenses
- Part 340 - Standards for Protection Against Radiation
- Part 341 - Transportation of Radioactive Material Part 350 - Radiation Safety Requirements for Industrial Radiographic Operations
- Part 351 - Radiation Safety Requirements for Wireline Service Operations and Subsurface Tracer Studies
- Part 370 - Use of Sealed Radioactive Sources in the Healing Arts Part 400 - Notices, Instructions and Reports to Workers; Inspections
- Part 601 - Licensing Requirements for Land Disposal of Radioactive Waste Since the NRC does not have jurisdiction over X-rays, NARM or accelerator-produced radioisotopes, Parts 360, 380 and 390 which relate to these matters were not reviewed.
Part 200 - Aceinistrative Hearings The following types should be corrected:
Page 7, 4th line from the bottom - Delete the word " men" so that the corrected text reads " reasonably prudent persons in the conduct" Page 10, 3rd line from the bottom - Insert the word " provision" between the third and fourth words, so that the corrected text reads " Compliance with any provision of this Part or with any or all..."
Part 310 - General Provisions Section 310.1 - Scope Section 310.1, Scope, should be revised to track the text of Sec. A.1 of the SSR exactly. The words "where the Department maintains jurisdiction for
. regulating such sources of r:diation" should be deleted and replaced by the following:
"provided, however, that nothing in these regulations shall apply to any person to the extent such person is subject to regulation by the U.S.
Nuclear Regulatory Commission." As so revised, 9 310.1 should then read:
"Section 310.1 Scope Except as otherwise specifically provided, these regulations apply to all persons who receive, possess, use, transfer, own, or acquire any source of radiation within the State of Illinois; provided, however, that nothing in these regula-tions shall apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission."
Section 310.2 - Definitions The definitions of " Operator" and " Radiation Installation" are broad enough to include production and utilization facilities and operators of those facilities. Also the definition of " Operator" is inconsistent with the statutory definition in sec.11r of the Atomic Energy Act of 1954, as amended. Since the NRC does not relinquish to the States but retains exclusive regulatory authority over production and utilization facilities and their operators, these definitions should either be revised or, preferably, deleted from the Illinois regulations. We note that these terms are not included among the definitions in Sec. A.2 of the SSR.
Agreement states do not have authority to license and regulate Federal agencies. To make this clear, it would be helpful if the definition of
" Person" were revised and a definition of " Government agency" which tracks the text in 10 CFR 9 150.3(e) were added. These definitions would then read as follows:
" ' Person' means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other State or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than a Government agency."
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" ' Government agency' means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administra-tion, or other establishment in the executive branch of t5e Government."
i We note that the definition of " person" in 5 310.2 tracks the statutory definition in par. 213.5 of the Illinois Radiation Protection Act. However, par. 216c of that Act provides, in part, that " Federal agencies are exempt from the licensure and fee requirements of this Section."
The definition of " Sealed source" should be revised to track the definition in Sec. A.2 of the SSR which reads as follows:
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" ' Sealed sourcemeans radioactive material that is permanently bonded or fixed in a capsule or matrix designed to prevent release and dispersal of the radioactive material under the most severe conditions which are likely to be encountered in normal use and handling."
N.B. The definition of " Sealed source" used in Part 331 which relates to fees i
(see s 331.3(f)) tracks the definition used in 10 CFR 6 30.4(r) which reads-
" ' Sealed source' means any byproduct material that is encased in a capsule designed to prevent leakage or escape of the byproduct material."
It is our understanding that Illinois does not wish to regulate mill tailings, i.e. byproduct material as defined in 911e(2) of the Atomic Energy Act of 1954; as amended, at this time. We see no need, therefore, to include a definition of " Source material milling" in these regulations and recommend that it be deleted. The definition given, which tracks that in Sec. A.2 of the SSR, is inaccurate because it makes a reference back to paragraph (b) in the definition of byproduct material which does not appear in the Illinois regulations because it describes mill tailings, i.e. 5 11e(2) byproduct material.
In the definition of " Agreement State," the statutory reference to subsection 274b of the Atomic Energy Act of 1954, as amended, should be corrected to read "(42 U.S.C. 2021(b))."
Part 320 - Registration Under the provisions of 95 320.1, 320.2 and 320.3 of this Part, operators of nuclear power plants would be required to register the facility with the Illinois Department of Nuclear Safety at the time the nuclear power plant commences operation. Operators of nuclear power plants would also be required to notify the Department when operation is discontinued. Section 320.5 states that "[i]t shall be unlawful for any operator to engage in business or activities within a radiation installation without registering such installation with the Department. The Department shall report any such operator to the Attorney General for appropriate action." These provisions are incompatible with the Commission's regulations and contrary to the express terms of the draft s 274b agreement (see Article II.) Under the
provisions of the Atomic Energy Act of 1954, as amended, States are preempted by the Federal government from assuming regulatory responsibility for production and utilization facilities, including nuclear power plants.
From the standpoint of radiological health and safety, regulatory jurisdiction over these facilities resides in and remains the exclusive province of the NRC.
Part 330 - Licensing of Radioactive Material Part 330 does not include any regulatory provisions applicable to well-logging operations using sealed sources.
It is suggested that a provision comparable to 10 CFR 65 30.56 and 70.60 be added. A definition of the term " Irretrievable well-logging source" will also have to be added to the appropriate section on definitions.
See 10 CFR QQ 30.4(x) and 70.4(w).
Section 330.3 - Source Material In paragraph (c)(2) of 5 330.3, subparagraph (B) should be deleted, subparagraph (C) should be redesignated (B), and two new subparagraphs (C) and (D) which track the text of 10 CFR 9 40.13(c)(2)(iii) and (iv) should be added. This change to the Commission's regulations became effective September 11, 1984 (49 FR 35611, September 11,1984) and has not yet been reflected in the SSR.
Since Part 601 of the Illinois regulations, which relates to licensing requirements for land disposal of radioactive waste, is comparable to 10 CFR Part 61, an appropriate exemption should be added to 5 330.3 which tracks the language in 10 CFR 9 40.14(d). Suggested text might read as follows:
"Except as specifically provided in Part 601 of these regulations, any licensee is exempt from the requirements of this part to the extent that its activities are subject to the requirements of Part 601 of these regulations."
A parallel provision which tracks the text of 10 CFR Q 30.11(d) should also be added to 5 330.4.
Section 330.4 - Radioactive Material Other Than Source Material The text of the second Agency Note on p. 330-9 is not entirely clear.
It should follow the format in 10 CFR 9 30.15(a)(9)(fii) and be revised to read as follows:
"* AGENCY NOTE:
For purposes of Section 330.4(c)(1)(H), 0.05 microcurie (1.85 kBq) of americium-241 is considered an exempt quantity."
1
Section 330.22 - General Licenses - Radioactive Material Other Than Source Material It is suggested that in the third line of paragraph (I) on page 330-20, the word " radiation" be inserted between the words " reporting" and " incidents,".
Compare SSR 5 C.22(d)(3)(ix).
Section 330.26 - Special Refluirements for Issuance of Certain Specific Licenses for Radioactive Material Although paragraph (a) of 9 330.26 appears to be patterned after 10 CFR s 35.11, it does not contain a provision equivalent to 9 35.11(a).
Section 330.28 - Special Requirements for a Specific License to Manufacture Assemble, Re) air, or Distribute Commodities, Products, l
or Devices w11ch Contain Radioactive Material Although subsection (a) of this section tracks 5 C.28(a) of the SSR, portions of the Commission's regulations on which this section is based, specifically 1
10 CFR 9 32.11, the introductory paragraph and 3 32.12, have been revised since the 1982 edition of the SSR was prepared. Paragraph (a)(1) of 5 330.28 should be revised to follow the style of the lead-in paragraph of 5 32.11.
Paragraph (a)(2) of 5 330.28 should be revised to conform to the text of 9 32.12.
(See pp. 330 330-53.)
For similar reasons, the text of subparagraph (b)(3) of 9 330.28 (See page 330-55) should be revised to conform to 10 CFP. 5 32.20.
Section 330.50 - Modification, Revocation, and Tennination of Licenses Section 330.32 (see p. 330-78) and this section are based on 10 CFR 9% 40.42 and 40.71, respectively.
In view of this fact, the title of 9 330.50 should be revised to read "Podification and Revocation of Licenses."
In addition, paragraph (d) of this section (see p. 330-84) should be deleted.
Sections 330.100 - 330.104 (See pp. 330 330-93.)
The text of these sections is repeated, practically verbatim, in Part 341, which relates to the transportation of radioactive material.
See, for example, SS 341.3, 341.4, 341.6 and 341.19. The reason for this duplication is unclear.
. 1 Part 331 - Fees for Radioactive Material Licenses Section 331.3 - Definitions We have two comments on this section although we realize that the definitions are only intended to be used in connection with Part 331. We do not understand the need for the 511e(2) definition of byproduct material which appears in paragraph (b)(2)'of this section in view of the fact that Illinois does not intend to regulate mill tailings under its 5 274b agreement.
In paragraph (h)(1), special nuclear material is defined to include "any other material which the Department determines to be special nuclear material."
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This description is inaccurate as a matter of law. Only the Nuclear Regulatory Commission may determine what "other material" is special nuclear material. The language used in par. 213.12 of the Illinois Radiation Protec-tion Act is acceptable. This statutory language reads as follows:
"any other material which the Department decl. ares by order to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such."
Two typos require correction.
In 5 331.11(a)(3) at p. 331-3, the word
" excluding" should be replaced by the word "inc,luding "
In the seventh line of 5 331.1P(d) (see p. 331-5) the word " application" should be replaced by the word " applicant."
J Part 340 - Standards for Protection Against Radiation Section 340.103 - Exposure to Individuals to Concentrations of Radioactive Material in Air in Restricted Areas Section 340.103 is based on 5 20.103 which has been amended since the 1982 edition of the SSR was issued in order to include requirements for an acceptable respiratory program in the text of the Commission's regulations.
In its present form, 6 340.103 is incompatible with the Commission's regulations.
In order to remedy this, 6 340.103(c) should be revised by deleting the present text and substituting the text in 10 CFR 5 20.103(c) therefor. Similarly, the existing text in 5 340.103(d) should be replaced by the text found in 10 CFR 5 20.103(d).
In addition, provisions comparable to 10 CFR 55 20.103(e) and (f) should be added.
Part 340 is also deficient in that it does not contain an appendix comparable to 10 CFR Part 20, Appendix A - Protection Factors for Respirators.
Section 340.104 - Exposure of Minors Typo:
In paragraph (a)(1) of this section on line 1 of p. 340-10, the word "is" should be inserted between the words "who" and "under."
l.
Section 340.105 - Permissible Levels of Radiation from External Sources in Unrestricted Areas The word "and" at the end of paragraph (a)(1) of this section should be changed to "or" in order to be consistent with 10 CFR 5 20.105(b)(1), the parallel provision in 10 CFR Part 20.
Section 340.107 - Orders Requiring Furnishing of Bioassay Services Query:
In the last line of this section, should not the word " records" be changed to " reports"? Compare 10 CFR 9 20.108.
Section 340.202 - Personnel Monitoring In parcgraph (a)(2) of this section, "50 percent" should be corrected to read "5 percent." The parallel provision in 10 CFR Part 20 is 9 20.202(a)(2).
Section 340.207 - Procedures' for Picking Up, Receiving, and Opening l
Packages The reference to " Appendix A of 32 Ill. Adm. Code 341" which appears in paragraph (a)(1) of this section is unclear.
See, also, paragraphs (b)(1)(D) and (c)(1) which contain the identical reference.
Typo: On the third line of paragraph (b)(1) of this section, the word
" surface" should be corrected to read " surfaces."
1 Section 340.303 - Disposal by Release into Sanitary Sewage Systems
)
In order to be compatible with 10 CFR 9 20.303 on which it is based, 9 340.303 should be revised by adding the word "and" immediately following the semicolon in paragraphs (a)(1) and (a)(2)(B).
Compare 10 CFR 9 20.303(a) and (b)(2).
Section 340.307 - Classification of P dioactive Waste for Land Disposal
?
In the second line of paragraph (a) of this section, we would suggest that the word " radioactive" be inserted immediately before the word " waste."
Compare 10 CFR @ 61.55(a)(1).
l Paragraph (b) of this section is incomplete. A new paragraph (4) should be added to incorporate the text in 10 CFR Q 61.55(a)(2)(iv).
mg
In the second line of paragraph (c) of this section, the word " radioactive" shouli be inserted immediately before the word " waste."
Paragraph (c)(2) at p. 340-28 is incomplete and should be revised to read as follows: Compare 10 CFR 5 61.55(a)(3)(ii).
"2)
If the concentration exceeds 0.1 times the value in Table 1 but does not exceed the value in Table 1, the waste
)
is Class C."
l in order to be compatible with 10 CFR 5 61.55(a)(4), the second sentence in paragraph (d) of 5-340.307 (see p. 340-29) should be revised to read as follows:
"However, as specified in paragraph (f) of this section, if radioactive waste does not contain any nuclides listed in either Table 1 or 2, it is Class A."
In the second line of paragraph (e) of this section, insert the word
" radioactive" immediately before the word " waste." Compare, 10 CFR 5 61.55(a)(5).
Paragraph (e)(2) at p. 340-31 is incomplete and should be revised to read as follows: Compare 10 CFR 5 61.55(a)(5)(ii).
"If the concentration of a radionuclide listed in Table 1 exceeds 0.1 times the value listed in table 1 but does not exceed the value in Table 1, the waste shall be Class C, provided the concentration of radionuclides listed in Table 2 does not exceed the value shown in Column 3 of Table 2."
d t
Section 340.308 - Radioactive Waste Characteristics.
In order to be compatible with 10 CFR Q 61.56(a)(6), the following sentence should be added at the beginning of paragraph (a)(7) of this section.
(See p. 340-32.)
" Waste must not be pyrophoric."
In the third line of paragraph (a)(9) of this section, insert the word between the words " reduce" and "the."
Section 340.311 - Transter for Disposal and Manifests in order to be compatible with 10 CFR 20.311(b) on which it is based, the first sentence of paragraph (a) of this section should be revised to read as tollows:
"Each shipment of radioactive waste to a licensed land 1
disposal facility shall be accompanied by a shipment manifest that cor.tains the name, address, and telephone number of the person generating the waste."
In order to be compatible with 10 CFR 20.311(d) on which it is base'd,'
4 paragraph (d) of this section should be revised to read as follows:
"Any generating licensee or registrant who transfers radioactive waste to a land disposal facility or a licensed waste collector shall comply with the following requirements.
Any generating licensee who transfers waste to a licensed waste processor who treats or repackages waste shall comply with the requirements of Section 340.311(d)(4) through (8).
A licensee shall:"
4 Part 341 - Transportation of Radioactive Material As noted in the comments on 59 330.100 - 330.104, (see p. 7 supra), the texts of il 341.3, 341.4, 341.6 and 341,19 are repeated, practically verbatim, in il 330.100 - 330.104 in Part 330. The reason for this duplication is unclear.
Section 341.2 - Definitions The third word in parag gph (b) of the definition of "Special form radio-active raterial" on p. 3~41-3 should be "or" instead of "of."
See paragraph 2) of definition of "Special form radioactive material" in 10 CFR 9 71.4.
Section 341.4 - Exemptions In the 4th line of paragraph (a) of this section, the word " Parts" should be inserted in the CFR reference to the DOT regulations. As revised, this reference should read "49 CFR Parts 170 through 189."
j The reference to "39 CFR 111.11" which appears in the 7th line of paragraph j
(a) of this section should be corrected to read "39 CFR 111.1."
i Section 341.5 - Transportation of Licensed Material i
In the last line of paragraph (b) of this section, the word "was" should be corrected to read "were."
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Section 341.6 - General Licenses for Carriers In the 4th line in paragraph (a) of this section, the word "their" should be replaced by the word "its."
Section 341.12 - General License:
Restricted, Fissile Class II Package There are two typographical' errors in Table II (see p. 341-12):
The heading for the left-hand column should be revised to read:
" Uranium enrichment in weight percent of uranium-235 not exceeding" The second number in the left-hand column should be corrected to read "3.5" Compare 10 CFR 9 71.20, Table II.
Section 341.14 - Preliminary Determinations Although this section tracks 10 CFR 9 71.85, paragraph (a), unlike its counterpart in 9 71.85(a), does not characterize the types of defects.
Section 71.85(a) reads in part:
"The licensee shall ascertain that there are no cracks, pinholes, uncontrolled voids, or other defects..."
Section 341.15 - Routine Determinations This section does not include a paragraph comparable to that in 10 CFR 9 71.87(g) which reads as follows:
"(g) For fissile material, any raaderator or neutron absorber, if required, is present and in proper condition;"
In the second line in paragraph (k), the temperature reference in parentheses should be corrected to read "(38 C)."
The last sentence in paragraph (k) which reads:
" Accessible package surface temperatures shall not exceed these limits at any time during transportation."
is not included in 10 CFR 9 71.43(g), the parallel provision in the Commission's regulations.
L Section 341.16 - Air Transport of Plutonium In the first line of this section, the word " provision" should be corrected to read " provisions."
It is suggested that the reference to the citation to D0T regulations be made more explicit by revising the 4th line of this section to read as follows:
" Transportation regulations (49 CFR Chapter 1), as may be applicable, the" Section 341.19 - Advance Notification of Transport of Nuclear Waste The following phrase should be inserted at the beginning of paragraph (a):
"Except as specified in paragraph (b) of this section,"
Compare 10 CFR 9 71.97(a).
Part 351 - Radiation Safety Requirements For Wireline Service Operations and Subsurface Tracer Studies Section 351.3 - Definitions l
Although this section contains several definitions relating to well-logging l
procedures, it does not contain a definition of " Irretrievable well-logging source" comparable to that in 10 CFR 55 30.4(x) and 70.4(w).
Section 351.4 - Prohibition This section should follow the text of 10 CFR 6 30.56(a) mor'e closely.
In particular, 9 351.4 does not reflect the requirement to take remedial action "within 30 days after a well-logging source has been classified as irretrievable."
Section 351.501 - Notification of Incidents, Abandonment, and Lost Sources We would suggest that paragraph (c)(1)(B) of 5 351.501 track the text of 10 CFR 9 30.56(a)(2) more closely. We would also suggest that the word " set" which appears in paragraph (c)(3)(D) be replaced by the word " seal." Compare 10 CFR 9 30.56(c)(4).
Editorial changes:
In paragraph (d)(1) of this section, the word "model" should be corrected to read "monel." Paragraph (d)(2)(F) should be revised to read as follows:
-,-c
.- " F) identification of the sealed source (s) by radionuclide and quantity of activity;"
Part 370 - Use of Sealed Radioactive Sources in the Healing Arts Part 370 'does not contain a schedule of groups of medical uses of byproduct naterial comparable to that. set out in 10 CFR 5 35.100.
l Part 601 - Licensing Requirements for Land Disposal of Radioactive Waste Section 601.1 - Purpose and Scope Although paragraph (b)(1) of this section refers to " byproduct material as defined in definition (2) of byproduct material in 32 Ill. Adm. Code 310.2,"
there is no definition (2) in 6 310.2 of 32 Ill. Adm. Code.
Following Section 601.3 - License Required We note that Part 601 does not authorize the Department to grant exemptions from the requirements of the regulations in this Part; compare 10 CFR l
5 61.6.
However, the Department of Nuclear Safety does have broad authority to grant exemptions under 9 310.3(a) of Part 310.
Following Section 601.10 - Financial Information Part 601 does not contain any provision comparable to 10 CFR 9 61.22 requiring an applicant to update and supplement an application.
Section 601.11 - Standards for Issuance of a License In order to conform to 10 CFR 9 61.23(c) and (g), the word " care" which appears in line 4 of paragraph (f) of this section and in line 2 of paragraph (h) of this section should be replaced by the word " control."
/'
Section 601.12 - Conditions of Licenses Section 601.12 does not contain a provision comparable to 10 CFR 5 61.24(b) which requires the licensee to submit written statements under oath upon the request of the Commission.
Although the last sentence in paragraph (h) of this section tracks the second sentence in 10 CFR 5 61.27(a), it does not contain the words "and transfer of the license to the site owner."
l
Section 601.17 - Termination of License Paragraph (b) of this section should be revised to read as follows: (Compare 10 CFR 9 61.31(b).)
" b) This application will be reviewed in accordance with the provisions of 32 Ill. Adm. Code 330.24 and of this section."
Section 601.33 - Maintenance of Records, Reports, and Transfers A0:
In paragraph (h)(2)(C) of this section, the word " licensed" should T
be corrected to read " licensee."' Compare 10 CFR 5 61.80(1)(2)(111).
I 4
M
DEL b - /4 b YWO &fy AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION 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 1954, AS AMENDED WHEREAS, the United States Nuclear Regulatory Comission (hereinafter referred to as the Comission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Comission within the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1) and (2) of the Act, source materials and special nuclear materials in quantities not sufficient to form a critical mass; and, WHEREAS, the Governor of the State of Illinois is authorized under Illinois Revised Statutes,1983, ch.111 1/2, par. 216b and 1984 Supp. to Illinois Revised Statutes,1983, ch.111 1/2, par. 241-19 to enter into this Agreement with the Comission; and, 9 here.
WHEREAS, the Comission found on that the program of the State for the regulation of the materials covered by this Agreement 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 Comission and the State in the formulation of standards for protection against hazards of radiation and 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 desiracility of reciprocal recognition of licenses and exemptions from licensing of those materials subject to this Agreement; and, WHEREAS, this Agreement is entered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, IT IS HEREBY AGREED between the Comission and the Governor of the State, acting in behalf of the State as follows:
irgseNW ARTICLE I Subject to the exceptions provided in Articles II, IV and V the Comission j
shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Comission in the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to the following:
A.
Byproduct materials as defined in section 11e.(1) of the Act; B.
Source materials;
C.
Special nuclear materials in quantities not sufficient to form a critical mass; and, D.
The land disposal of source, byproduct and special nuclear material received from other persons.
ARTICLE II This Agreement does not provide for discontinuance of any authority and the Comission shall retain authority and res,ponsibility with respect to regulation of:
A.
The construction and operation of any production or utilization facility; B.
The export from or import into the United St5tes of byproduct, source or special nuclear material, or of any production or utilization facility; C.
The disposal into the ocean or sea of byproduct, source or special nuclear waste materials as defined in regulations or orders of the Commission; D.
The disposal of such other byproduct, source, or special nuclear material as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Comission; and, i
E.
The extraction or concentration of source material from source t
material ore and the management and disposal of the resulting l
byproduct material.
pC ARTICLE III This Agreement may be amended, upon application) by the State and approval by the Commission, to include the additional area specified in Article II, paragraph E, whereby the State can exert regulatory control over the materials stated therein.
ARTICLE IV Notwithstanding this Agreement, the tcmmission may from time to time by rule, regulation or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct or special nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemption from licensing issued by the Commission.
a 5
ARTICLE V This Agreement shall not affect the authority of the Comission under subsection 161 b. or i, of the Act to issue rules, regulations or orders to protect the comon 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 conratible.
The State will use its best efforts to cooperate with the Comission 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 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 Commission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensing, 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 desirable 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 agree' to use their best efforts to develop appropriate rules, regulations and procedures by which such reciprocity will be accorded.
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 eld *-
also, pursuant to Section 27@fof the Act, temporarily suspend all or part wn$ of this Agreement if, in the Judgment of the Comission, an emergency E#"
situation exists requiring immediate action to protect public health and
..k safety and the State has failed to take necessary steps.
The Comission shall periodically review this Agreement and actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act.
ARTICLE IX j
This Agreement shall become effective on
, and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII.
Done at
, in triplicate, this day of For the United States Nuclear Regulatory Commission Chairman
)
For the State of Illinois Governor W
For the United States Nuclear Regulatory Commission jo l
Director, Office of State Programs lf
0 e
_n-am DRAFT Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Chairman:
By this letter I raquest establishment of an Agreement between the U.S.
Nuclear Regulatory Comission (NRC) and the State of Illinois, as authorized
/
under Section 27 f the Atomic Energy Act of 1954, as amended, under which the NRC will discontinue and the State of Illinois will assume certain regulatory authority for radioactive materials now under Federal jurisdiction.
I am authorized by the Illinois Radiation Protection Act (Ill.
Rev. Stat.1983, ch.111 1/2, par. 216b) and the Illinois Low-Level Radioactive Waste Management Act (1984 Supp to Ill. Rev. Stat.1983, ch.111 1/2, par. 241-19) to enter into such an Agre!ement with NRC.
The specific regulatory authority requested at this time is for:
a.
By roduct materialias defined in Section 11e(1) of the Atomic Energy Act of 1954, as amendedjhodivisotopest;-
b.
Source materials;(uranium :nd thoefue);-
c.
Special nuclear materialricrar.f u: 233, urericm-265 end pTGronium) in quantities not sufficient to form a critical mass; and, d.
Land disposal of source, byhroduct and special nuclear material received from other persons.
4 2_
[fhe State of Illinois desires to assume this regulatory responsibility, and I-
-certify that the State has an adequate program within the Department of Nuclear Safety to control radiation hazards and to protect the public health and safety.' In support cf this proposal, I am submitting detailed information describing the State's radiation control program and regulatory capabilities and a copy of the State's radiation control regulations.
At this time, the State does not wish to assume authority over uranium milling activities. The State, however, reserves the right to apply at a future date to NRC for an amended Agreement to assume authority in this area.
We are very much in+.erested in having a formal signing ceremony for the Agreement.
If possible, we would like to have the ceremony take place in Chicago, Illinois, with the Agreement to become effective on July 1,1986.
Sincerely, Governor i
e