September 16, 2003

Gary Wright, Assistant Director

Illinois Emergency Management Agency

Division of Nuclear Safety

1035 Outer Park Drive

Springfield, IL 62704

Dear Mr. Wright:

We have reviewed the final revisions to the Illinois 32 Ill. Adm. Code 335, “Use of Radionuclides

in the Healing Arts”, received by our office on August 8, 2003. In addition, we reviewed your

response to our letter, dated April 15, 2003, which contained our comments on your proposed

version of these rules. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) regulations in 10 CFR Part 35 and the requirements of

the amendment identified in the enclosed States Regulation Status Data Sheet (SRS). We

discussed our review of the regulations with Gibb Vinson on August 25, 2003.

As a result of our review, we have no comments, however, we suggest a thorough review and

edit of the text as we have encountered numerous grammatical errors. Please note that we

have limited our review to regulations required for compatibility and/or health and safety. We

understand that your adoption of an Authorized Nuclear Pharmacist rule will be included in a

future amendment to Part 35. We have determined that the regulations, as adopted, meet the

compatibility and health and safety categories established in the Office of State and Tribal

Programs (STP) Procedure SA-200 subject to completion of the rulemaking to address

authorized Nuclear Pharmacists. 

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 Jim Lynch

at (630) 829-9661 or JLL2@NRC.GOV.

Sincerely,

/RA By J.M. Piccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

cc: Joe Klinger, Chief, Radioactive Materials

Enclosures: 

As stated
September 16, 2003

Gary Wright, Assistant Director

Illinois Emergency Management Agency

Division of Nuclear Safety

1035 Outer Park Drive

Springfield, IL 62704

Dear Mr. Wright:

We have reviewed the final revisions to the Illinois 32 Ill. Adm. Code 335, “Use of Radionuclides

in the Healing Arts”, received by our office on August 8, 2003. In addition, we reviewed your

response to our letter, dated April 15, 2003, which contained our comments on your proposed

version of these rules. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) regulations in 10 CFR Part 35 and the requirements of

the amendment identified in the enclosed States Regulation Status Data Sheet (SRS). We

discussed our review of the regulations with Gibb Vinson on August 25, 2003.

As a result of our review, we have no comments, however, we suggest a thorough review and

edit of the text as we have encountered numerous grammatical errors. Please note that we

have limited our review to regulations required for compatibility and/or health and safety. We

understand that your adoption of an Authorized Nuclear Pharmacist rule will be included in a

future amendment to Part 35. We have determined that the regulations, as adopted, meet the

compatibility and health and safety categories established in the Office of State and Tribal

Programs (STP) Procedure SA-200 subject to completion of the rulemaking to address

authorized Nuclear Pharmacists. 

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 Jim Lynch

at (630) 829-9661 or JLL2@NRC.GOV.

Sincerely,

/RA By J.M. Piccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

cc: Joe Klinger, Chief, Radioactive Materials

Enclosures: As stated

Distribution:

DIR RF [3-191] DCD (SP07) PDR (YES_)

R.Blanton, ASPO BUsilton

IL File Response to Incoming: ML032240228

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML032721284.wpd

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 RSAO:RIII STP OGC STP:DD

NAME JLynch JZabko STreby JPiccone

DATE 08/25/03* 09/03/03* 09/11/03* 09/16/03*

ML032721284 Official Record
STATE REGULATION STATUS

State: Illinois [One amendment reviewed and is identified Tracking Ticket Number:3-191by a  at the beginning of equivalent NRC regulation.] Date: 9/16/03

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) 1991-1ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2Standards 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-Y 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer’s InstructionsParts 30,35 57 FR 45566; (none) 1992-2Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

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

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

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) 1994-2Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F-N 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
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 / M

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 P-Y 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-710 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2Termination 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) 1997-1Recognition 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) 1997-3Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

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

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F-N Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1
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 Statemen

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

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

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

(10/26/01)

1998-5

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to 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) 2000-1New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct MaterialParts 30, 31, 32 65 FR 79162; (2/16/04) 2001-1Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (4/24/05) 2002-2 F

ML03224