ILLINOIS REGISTER ILLINOIS EMERGENCY MANAGEMENT AGENCY NOTICE OF PUBLIC HEARINGS ON PROPOSED RULES

1) Heading of the Part: Licensing of Radioactive Material
2) Code Citation: 32 Ill. Adm. Code 330.40
3) Register Citation to Notice of Proposed Rules:
33 Ill. Reg. 12061; August 28, 2009.
4) Date, Time and Location of Public Meeting:
Wednesday, October 27, 2010
9:00 AM to 12:00 PM and 1:00 to 4:00 PM
Illinois Valley Community College
815 North Orlando Smith Avenue
Room C316
Oglesby, Illinois

5) Other Pertinent Information:
At its meeting on August 10, 2010, the Joint Committee on Administrative Rules (JCAR)
voted to object to the above-proposed rulemaking and prohibit its filing with the
Secretary of State. The Committee found that the adoption of this rulemaking at that time would constitute a serious threat to the public interest. The reason for the Objection and Prohibition is as follows:
JCAR objects to and prohibits filing of the Illinois Emergency Management Agency's rulemaking titled Licensing of Radioactive Material (32 Ill. Adm. Code 330; 33 Ill. Reg.12061) because the rulemaking causes a significant adverse economic impact on he affected public at this time. JCAR further requests that IEMA conduct an additional meeting to enable the affected public to present data in an attempt to show that the public health and safety can be protected with less adverse economic impact.

Therefore, the Illinois Emergency Management Agency (IEMA) is holding a public meeting to allow interested persons to present written and oral testimony to show that the public health and safety can be protected with less adverse economic impact. Testimony should be focused on the basis and extent of the economic impacts of complying with the proposed rule and alternative proposals for protecting public health and safety and future liability for property owners. Interested persons should be prepared to present specific and detailed economic data related to this rulemaking. This should include economic data regarding current itemized costs for capturing radium at water treatment plant and managing it as radioactive waste, for using additional lands for land application, for disposal in a landfill and any other pertinent information related to the costs of management of water treatment residuals and/or sewage treatment sludge containing radium. In addition, interested persons should provide estimated itemized costs to comply with the proposed rulemaking. In regard to public health and safety, interested persons should be able to provide results of representative sampling for fields where land application of radium bearing water treatment residuals and sewage sludge has historically taken place and be prepared to present data to show that past land application has not resulted in a public health and safety concern.

Comment time will be adjusted to accommodate as many interested persons as possible.
Due to time constraints, interested persons should be prepared to submit written
testimony in place of oral testimony. The Agency will consider fully all written and oral comments/testimony presented during the meeting. For those interested persons that can not attend the public meeting, written comment will be accepted until 5:00PM on October 27, 2010 by emailing Louise.Michels@illinois.gov or mail to Louise Michels, IEMA, 1035 Outer Park Drive, Springfield, IL 62704. For further information, please call (217)785-9876.

For additional information concerning this proposed rulemaking, please go to IEMA’s
website at http://www.state.il.us/iema/legal/legal.htm.

Dennis Duffield is available to respond to questions and assist in preparation for the public hearing. Assistance to smaller communities is a part of my responsibilities to the group of stakeholders organized by Joliet, Channahon, Geneva and the DeKalb Sanitary District.

Dennis L. Duffield, P.E, Project Manager
Rogina and Associates, Ltd.
815-693-9871