November 17, 2005

Gary N. Wright, Assistant Director

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield, IL 62704

Dear Mr. Wright:

We have reviewed the final revision to the Illinois Administrative Code Title 32: Enery, Chapter

II: Division of Nuclear Safety, Subchapter b: Radiation Protection, Part 326: Financial

Assurance Requirements; received by our office on September 27, 2005. We have also

reviewed other proposed changes to the applicable sections of the Illinois Administrative Code,

received by our office on the same day. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 36, 40, 61 and

70 and the requirements of the three amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. We discussed our review of the regulations with Mr. Gibb Vinson on

November 2, 2005.

As a result of our review, we have no comments on either the final regulations or the proposed

changes to your regulations. Please note that we have limited our review to regulations

required for compatibility and/or health and safety. We have determined that the final

regulations, as adopted, meet the compatibility and health and safety categories established in

the Office of State and Tribal Programs (STP) Procedure SA-200. We have determined that if

your proposed regulations were adopted, without significant change, they would meet the

compatibility and health and safety categories established in STP Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the “as published” regulations be provided to us for review. A finding that the Illinois

regulations meet the compatibility and health and safety categories of the equivalent NRC

regulation may only be made based on a review of the final Illinois regulations. As requested in

STP Procedure SA-201, “Review of State Regulatory Requirements,” please highlight any final

changes and provide a copy to STP.

In addition, in a letter from Richard Bangart of this Office to Thomas W. Ortciger, Director of the

Illinois Department of Nuclear Safety, dated November 24, 1999, we indicated the absence of

the definition of “Generally Applicable Environmental Radiation Standard.” We have reviewed

the absence of this term from your regulations and have determined that its absence is

acceptable since there are currently no applicable facilities in your State. The enclosed SRS

Data Sheet has been revised to reflect that there are no longer any outstanding comments for

the amendment “Standards for Protection Against Radiation - Part 20" (RATS ID 1991-3).

However, if an application for a new uranium mill facility is approved by your State, the definition

of this term must be incorporated into your regulations in order to meet compatibility with NRC’s

program.
Gary N. Wright -2- November 17, 2005

The SRS Data Sheet summarizes our knowledge of the status of other Illinois regulations, as

indicated. Please let us know if you note any inaccuracies, or have any comments on the

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is

posted on the STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the comments, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Aaron

McCraw at 301-415-1277 or by e-mail at atm@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Gary N. Wright -2- November 17, 2005

The SRS Data Sheet summarizes our knowledge of the status of other Illinois regulations, as

indicated. Please let us know if you note any inaccuracies, or have any comments on the

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is

posted on the STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the comments, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Aaron

McCraw at 301-415-1277 or by e-mail at atm@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution:

DIR RF (Action item) SISP Review Complete

DCD (SP5-287) G Publicly Available G Non-Publicly Available

James Lynch, RSAO G Non-Sensitive G Sensitive

RBlanton, ASPO WRautzen Illinois File

ML of Incoming Document:ML0527101170

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy

with attachment/enclosure "N" = No copy

OFFICE STP OGC STP:DD

NAME ATMcCraw STreby DKRathbun

DATE 11/03/05* 11/15/05* 11/17/05*

ML053210292 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Illinois [3 amendments reviewed and identified Tracby a i at the beginning of each equivalent NRC regulation.] 

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 / M

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F

ML05122

ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 F

ML05122

Standards for Protection Against Radiation-Part 20 56 FR 23360; 56 FR

61352;57 FR 38588; 57 FR57877;58 FR 67657; 59 FR41641;60 FR 20183; (1/1/94)

1991-3 F-N 

 Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F

ML05122

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 P

ML05124

Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F-N 

i Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 P

ML05271

Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 

Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 F-N 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F-N 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 / M

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 P

ML05124

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 

i Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 P

ML05271

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F

ML05122

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 P

ML05124

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F

ML05122

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 P

ML05124

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 F

ML05122

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30, 40,61, 70

61 FR 24669; (6/17/99) 1996-3 F-N 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 PML05124

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F-N 

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 P

ML05124

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28948; (6/27/00) 1997-5 F

ML05122

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 F

ML05122

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F-N 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 / M

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 P

ML05124

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 F-N 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F

ML05122

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 P

ML05124

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 P

ML05124

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Materialto Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55525

(2/2/03)

1999-3 

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 F

ML05122

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F

ML05122

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct MaterialParts 30, 31, 32 65 FR 79162; (2/16/04) 2001-1 PML05122

Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 P

ML05124

Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (10/24/05) 2002-2 P

ML05124

i Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1 F

ML05271
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 / M

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means “Yes”, there are comments in the review letter that the State needs to Address.

N means “No”, there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final Policy Statement on 

Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number 6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 days to 

binding requirements satisfying the requirements of NRC Order EA-05-090.

Compatibility with IAEA Transportation Safety Standards and Other Transportation SafetyAmendments - Part 71

69 FR 3697; (10/01/07) 2004-1

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 TBD FR TBD; (12/2/05) 2005-3 ML05299