Section 332.10  Purpose and Scope

a)         This Part establishes:

1)         Procedural requirements and technical criteria applicable to the disposal of byproduct material as defined in this Part and provides for the protection of the public health and safety during and after source material milling operations.

2)         Specific technical and financial requirements for source material milling facilities, including their construction, operation and decommissioning, decontamination, reclamation and ultimate stabilization, postclosure activities, license transfer and termination, facility ownership and ultimate custody.

3)         Procedures, criteria and conditions upon which the Illinois Emergency Management Agency issues specific licenses for source material milling and disposal of the byproduct material.

b)         Unless specified otherwise, source material milling licensees are subject to the requirements of 32 Ill. Adm. Code 310, 320, 330, 331, 340, 341, 400 and 601, and 35 Ill. Adm. Code 302.208, 302.304, 303.202, and 303.203.  This Part does not apply to disposal of licensed material as provided in 32 Ill. Adm. Code 601.

c)         This Part does not establish procedures and criteria for the issuance of licenses for materials covered under Title I of the Uranium Mill Tailings Radiation Control Act of 1978 (42 USC 7901).  The regulation by the State of byproduct material as defined in Section 11e.(2) of the Atomic Energy Act (42 USC 2014(e)(2)) is subject to the provisions of an agreement between the State and the U.S. Nuclear Regulatory Commission (NRC).  In the absence of an agreement, this Part shall not be enforceable against any source material milling facility.

AGENCY NOTE:  The reference to byproduct material as used in this subsection (c) has the same meaning as contained in 42 USC 2014(e)(2), also referred to as section 11e.(2) of the Atomic Energy Act.

(Source:  Amended at 32 Ill. Reg. 16765, effective October 6, 2008)