March 7, 2006

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; received by our office on

January 31, 2006. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 36, 40, 61, 70, 71, and 150

and the requirements of the ten amendments identified in the enclosed State Regulation Status

(SRS) Data Sheet. We discussed our review of the regulations with Gibb Vinson on March 6,

2006.

As a result of our review, we have one comment that has been identified in the enclosure. 

Please note that we have limited our review to regulations required for compatibility and/or

health and safety. We have determined that if these regulations are revised, incorporating our

comments and without other significant change, they would meet the compatibility and health

and safety categories established in the Office of State and Tribal Programs (STP) Procedure

SA-200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided to us for review. As requested in STP Procedure SA-201,

“Review of State Regulatory Requirements,” please highlight the location of any changes made

by Illinois, in response to our comments and provide a copy to STP.

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
March 7, 2006

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; received by our office on

January 31, 2006. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 36, 40, 61, 70, 71, and 150

and the requirements of the ten amendments identified in the enclosed State Regulation Status

(SRS) Data Sheet. We discussed our review of the regulations with Gibb Vinson on March 6,

2006.

As a result of our review, we have one comment that has been identified in the enclosure. 

Please note that we have limited our review to regulations required for compatibility and/or

health and safety. We have determined that if these regulations are revised, incorporating our

comments and without other significant change, they would meet the compatibility and health

and safety categories established in the Office of State and Tribal Programs (STP) Procedure

SA-200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided to us for review. As requested in STP Procedure SA-201,

“Review of State Regulatory Requirements,” please highlight the location of any changes made

by Illinois, in response to our comments and provide a copy to STP.

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

SISP Review Complete 

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF [6-28) DCD (SP07) PDR (YES_T)

Jlynch, RSAO, RBlanton, ASPO, BUsilton, Illinois file Response to Incoming Document: ML060250219

DOCUMENT NAME:E:\Filenet\ML060660001.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 STP OGC STP:DD

NAME ATMcCraw STreby KNSchneider for DRathbun

DATE 02/15/06* 03/03/06* 03/07/06*

ML060660001 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON ILLINOIS PROPOSED REGULATIONS

STATE

SECTION

NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 310.20 20.1003 2002-1 A Definitions

Illinois’ definition of “shallowdose equivalent” in 310.20

contains the phrase

“averaged over an area of 1

square centimeter” which

contradicts the

determination of shallowdose equivalent found in

their 340.210(c). Illinois’

340.210(c) is compatible

with NRC’s equivalent

requirement in 10 CFR

20.1201(c).

The State must revise their

definition of “shallow-dose

equivalent” in 310.20 to

remove the contradiction

and meet Compatibility

Category A designation

assigned to Section 10 CFR

20.1003.
STATE REGULATION STATUS

State: Illinois Tracking Ticket

Number: 6-28

[10 Amendments reviewed identified by a i Date: March 7,

2006

 at the beginning of the equivalent NRC requirement.] 

 

NRC Chronology Identification FR Notice

(Date Due For State

Implementation)

RATS ID Propose

/ Final (F

Rule1 /

License

Conditio

(LC) ML 

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 FR 57877;

58 FR 67657; 59 FR 41641;

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) 1991-4 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

Instructions-Parts 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

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

ML06025

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

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA StandardsPart 4059 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

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for

Medical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 65243

60 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

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

(3/1/98)

1995-3 F

ML06025

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

(Date Due For State

Implementation)

RATS ID Propose

/ Final (F

Rule1 /

License

Conditio

(LC) ML 

ML05122

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

ML06025

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

Licenses-Parts 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

iResolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air

Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F

ML06025

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction

Within an Agreement State-Part 150

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

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

ML06025

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

Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiography 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

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

(2/12/01)

1998-1 F

ML06025

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing

Licensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3

Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiographic Operations-Part 34

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

ML05122

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

(10/26/01)

1998-5 F

ML06025

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

ML06025

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

(Date Due For State

Implementation)

RATS ID Propose

/ Final (F

Rule1 /

License

Conditio

(LC) ML 

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 Adequacy and 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 issue legally binding requirements satisfying the requirements of

NRC Order EA-05-090

Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct

Material 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) 2000-1 F

ML05122

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

ML05122

F

ML06025

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material-Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P

ML05122

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

ML06025

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

ML05124

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

ML05271

Compatibility with IAEA Transportation Safety Standards and Other Transportation Safety

Amendments - 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) 2005-1

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2

Increased Controls for Risk Significant Radioactive Sources (NRC Order EA-05-090)6 70 FR 72128; (12/1/05) 2005-3 LC

ML05299