Current through Register Vol. 48, No. 12, March 22, 2024
a) Environmental Analysis
1) Each application for a license or license
amendment must be reviewed and the license or amendment must be issued by the
Agency before commencement of any major construction activity. As part of its
review of applications, the Agency shall prepare a written analysis of the
impact of the license, including any activities conducted pursuant to the
license. The analysis shall include the following:
A) An assessment of the radiological and
nonradiological impacts to the public health from the activities to be
conducted pursuant to the license or amendment;
B) An assessment of any impact on any
waterway and groundwater resulting from the activities conducted pursuant to
the license or amendment;
C)
Consideration of alternatives, including alternative sites and engineering
methods, to the activities to be conducted pursuant to the license or
amendment; and
D) Consideration of
the long-term impacts, including decommissioning, decontamination and
reclamation impacts, associated with activities to be conducted pursuant to the
license or amendment.
2)
Commencement of construction prior to issuance of the license or amendment
shall be grounds for denial of the license or amendment.
3) The environmental analysis prepared in
accordance with subsection (a)(1) of this Section shall be available to the
public before the commencement of hearings regarding the merits of the
application.
b) Public
Participation
1) Written Comments
A) Upon completing preparation of the
analysis pursuant to subsection (a) of this Section, the Agency shall publish a
notice of the availability of the environmental analysis in the official State
newspaper and in a newspaper published in the county or counties where the
facility that is the subject of licensing action is to be located. This notice
shall specify how a copy of the environmental analysis can be obtained, as well
as the deadline and address for submitting written comments on the license
application.
B) The Agency shall
accept written comments on the license application and the environmental
analysis for at least 45 days following the publication of the notice described
in subsection (b)(1)(A) of this Section.
2) Hearings
A) At least 30 days prior to the issuance or
renewal of a license pursuant to this Part, the Agency shall publish a Notice
of Opportunity to request a hearing in the official State newspaper and in a
newspaper published in the county or counties where the facility that is the
subject of the license application is located. This notice shall contain:
i) a statement identifying the location of
the facility,
ii) a statement of
the availability of the environmental analysis,
iii) a statement of the right to request a
hearing,
iv) the date by which a
request for a hearing is to be submitted to the Agency; that date shall be no
less than 20 days after the date of the publication of the notice,
and
v) a statement of the actions
that will be taken by the Agency in the event that a hearing is not
requested.
B) Any person
who would be adversely affected by the issuance of the license may request a
hearing. The request must be in writing and must contain a brief statement of
the basis upon which the issuance of the license is being challenged. If the
request is not submitted by the date specified in accordance with subsection
(b)(2)(A) of this Section, or if the request is submitted but later withdrawn,
the Agency shall issue the license in accordance with subsection (c) of this
Section.
C) If any hearing is
requested in accordance with subsection (b)(2)(B) of this Section, the parties
to the hearing shall be the Agency and the Respondent. The provisions of 32
Ill. Adm. Code
200.20,
200.40,
200.50,
200.80
through
200.140 and
200.160
through
200.230
shall be applicable to the hearing.
c) Upon a determination that an application
meets all criteria of this Part, the Agency shall issue a specific license
authorizing the construction of the source material milling facility and any
byproduct material surface impoundment and disposal area. Upon completion of
the construction in accordance with the license specifications, the Agency
shall authorize operations at the licensed site after verification of
compliance with the license specifications.
d) The Agency may incorporate in any license
at the time of issuance, or thereafter by appropriate rule or order, additional
requirements and conditions in order to:
1)
Ensure compliance with the requirements of this Part;
2) Reduce potential hazard to public safety
during operation;
3) Protect the
environment; or
4) Prevent loss or
theft of materials subject to this Part.
e) The Agency may require reports, examine
records, perform confirmatory monitoring and inspect activities under the
license as necessary to demonstrate compliance with the requirements of this
Part.
f) Throughout the
construction and operating phases of the source material milling facility, a
monitoring program shall be conducted by the licensee in order to:
1) Demonstrate compliance with the standards
of this Part and 32 Ill. Adm. Code 310, 340 and 400;
2) Evaluate the performance of control
systems and procedures;
3) Evaluate
environmental impacts of operation; and
4) Detect potential long-term adverse
effects.
g) The source
material milling facility shall be designed and operated so that effluents and
emissions and the resultant dose from effluents and emissions do not exceed the
limits specified in 32 Ill. Adm. Code
340.310
and
340.320
and in Section
332.170
of this Part. The licensee shall limit emissions and exposures by using
emission control devices. If the licensee cannot meet the requirements using
emission control devices, then institutional controls, such as extended
licensed site boundaries and buffer zones, may be used to ensure that limits of
dose to members of the public will be met. The licensee shall submit to the
Agency proposed operation procedures and shutdown procedures as evidence that
the requirements specified in 32 Ill. Adm. Code 340 will be met.