August 23, 2005

Gary N. Wright, Assistant Director

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield, IL 62704

Dear Mr. Wright:

We have reviewed the proposed changes to the Illinois regulation, 32 Ill. Adm. Codes: Part

330, “Licensing of Radioactive Material” received by our office on May 2, 2005. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 30, 31, 32, and the requirements of the one amendment identified

in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the

regulations with Gibb Vinson on August 23, 2005.

As a result of our review, we have 15 comments that have been identified in the enclosure. 

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

health and safety. Under our current procedure, an NRC 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. However, we have determined

that if your proposed regulations were adopted, 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.

As noted in the enclosure, the comments address Illinois’ proposed regulations for Generally

Licensed (GL) devices. Please note that we have a Petition For Rulemaking from the

Organization of Agreement States (OAS) currently under review by NRC staff, and a request

from OAS and the State of Florida to change the Compatibility Category assigned to sections of

the GL rule. Staff is examining whether there may be need for additional guidance to

Agreement States regarding the status of some Agreement State GL rules during the interim

time the NRC will require to complete action on the Petition and request. We will correspond

separately with you on this issue in the near future.

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. As requested in STP

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

changes 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. 
Mr. Gary Wright -2- August 23, 2005

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 Jenny

Tobin at (301)415-2328 or by e-mail at jct1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Mr. Gary Wright -2- August 23, 2005

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 Jenny

Tobin at (301)415-2328 or by e-mail at jct1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis 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[5-189] DCD (SP07) PDR(YES_T) Response to Incoming Document:ML051220064

Jim Lynch, RSAO RBlanton, ASPO BUsilton Illinois File Name:E:\Filenet\ML052360596.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 STP OGC STP:DD

NAME JTobin WRautzen STreby DRathbun

DATE 07/29/05* 07/29/05* 08/17/05* 08/23/05*

ML Official Record
COMPATIBILITY COMMENTS ON ILLINOIS PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 330.220(b)(3

)(D)

31.5(c)(4) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois has a 5 year recordkeeping

retention period for the elements of

10 CFR 31.5(c)(4). This is more

restrictive than the 3 year

recordkeeping requirements required

in 10 CFR 31.5(c)(4).

Illinois needs to change the the

record retention requirements in

330.220(b)(3)(D) from 5 years to 3

years to meet the Compatibility

Category B designation assigned to

Section 10 CFR 31.5(c)(4).

2 330.220(b)(3

)(K)

31.5(c)(10) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois had the reporting requirements

in 330.220(b)(3)(K), but deleted it. 

These requirements were not found

elsewhere in Illinois’ regulations.

Illinois needs to add the reporting

requirements to 330.220(b)(3)(K) to

meet the Compatibility Category B

designation assigned to Section 10

CFR 31.5(c)(10).

3 330.220(b) 31.5(c)(11) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois omitted the requirements for

response to written requests from the

Agency regarding general licensee

information.

Illinois needs to add the requirements

for response to written requests from

the Agency regarding general

licensee information to 330.220(b) to

meet the Compatibility Category B

designation assigned to Section 10

CFR 31.5(c)(11).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 330.220(b)(3

)(E)

31.5(c)(5) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois has a time period of 5 days for

filing a report with the Agency if 185

Bq or more of removable radioactive

material is detected by a leak test. 

This time period of 5 days is more

restrictive than that of the 30 day time

period required by NRC.

Illinois needs to change the time

period for reporting leak test results

indicating more than 185 Bq of

removable radioactive material to

their Agency from 5 days to 30 days

in 330.220(b)(3)(E) to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.5(c)(5).

5 330.220(b)(3

)(E)

31.5(c)(5) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois makes no reference to the use

of Radiological Criteria for

Unrestricted Use in 10 CFR 20.1402

as a means for determining when a

site can be used after contamination. 

Illinois needs to add a reference in

330.220(b)(3)(E) to the Criteria For

Unrestricted Use in 10 CFR 20.1402

(or Illinois equivalent) to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.5(c)(5).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

6 330.220(b)(3

)(I)(iii)

31.5(c)(8) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois requires the transferee to

provide a receipt to the transferor

providing the serial number of the

device as well as the date that it was

received. There is no requirement for

this in 10 CFR 31.5(c)(8).

Illinois needs to remove the

requirement of a transferee receipt in

330.220(b)(3)(I)(iii) to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.5(c)(8).

7 330.220(b)(3

)(L)(ii)

31.5(c)(9)(ii) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois omitted the phrase “by an

intermediate person” for devices held

in storage.

Illinois needs to add the phrase “by

an intermediate person” to

330.220(b)(3)(L)(ii) to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.5(c)(9).

8 330.220(b)(4

)(A)(i)

31.5(c)(13)(i) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois allows for registration of

different quantities and amounts of

byproduct/source material in

330.220(b)(4)(A)(i).

Illinois needs to adopt the registration

requirements of 10 CFR 31.5(c)(13)(i)

to 330.220(b)(4)(A)(i) to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.5(c)(13).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

9 330.220(b)(4

)(A)

31.5(c)(13)(i) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois omitted the requirement that

“Each address for a location of use,

as described under paragraph

(c)(13)(iii)(D) of this section,

represents a separate general

licensee and requires a separate

registration and fee.”

Illinois needs to add this requirement

to 330..220(b)(4)(A) to meet the

Compatibility Category B designation

to Section 10 CFR 31.5(c)(13)(i). 

10 330.220(b)(4

)(C)

31.5(c)(13)(ii) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois omitted the annual registration

requirements, the fee reference to 10

CFR 170.31 (or Illinois equivalent),

and that the general licensee is

subject to the bankruptcy notification

in requirement in 330.310(j)1.

Illinois needs to add the annual

registration requirements, the fee

reference to 10 CFR 170.31 (or

Illinois equivalent), and the

requirement of the general licensee to

be subject to the bankruptcy

notification requirement in 330.310(j)1

to 330.220(b)(4)(C) to meet the

Compatibility Category B designation

to Section 10 CFR 31.5(c)(13)(ii).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

11 330.220(b)(4

)(C)(iv)

31.5(c)(13)(iii)(D) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois omitted the phrase “For

portable devices, the address of the

primary place of storage.” from 330.

220(b)(4)(C)(iv).

Illinois needs to add this phrase to

330. 220(b)(4)(C)(iv) to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.5(c)(13)(iii)(D).

12 330.220(b)(4

)(D)

31.5(c)(14) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Illinois omitted the phrase “For a

portable device, a report of address

change is only required for a change

in the device's primary place of

storage.”

Illinois needs to add this phrase to

330.220(b)(4)(D) to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.5(c)(14).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

13 330.900(a)(b

)

31.6 2001-1 B General license to install devices

generally licensed in § 31.5

Section 330.900 combines section 10

CFR 31.6, General license to install

devices generally licensed in 31.5,

and section 10 CFR 150.20,

Recognition of Agreement State

Licenses, which contains the

requirements for reciprocity

recognition of specific licenses

through issuance of a general

license. By combining these

sections, tied together by the phrase

“In addition to the provisions of

subsection (a) of this section”, the

Illinois rule contains additional, more

restrictive provisions than are

required by Section 10 CFR 31.6. 

The Illinois regulation requires prior

notification, a 180 day reciprocity

period, an additional separate report

to be filed within 30 days of the end of

the calendar quarter by a licensee

transferring or installing a generally

licensed device, and that the holder of

the specific license shall furnish to

each general licensee to whom he

transfers or on whose premises he

installs such a device a copy of the

general license contained in Section

330.220(b) of this Part or in

equivalent regulations of the Agency

having jurisdiction over the

manufacture and distribution of the

device. These requirements are

more restrictive than NRC

requirements given the limitations

imposed by the Compatibility

Category B designation. 

Illinois needs to revise Section

330.900 to meet the Compatibility

Category B designation assigned to

Section 10 CFR 31.6.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

14 330.900(c) 31.6 2001-1 B General license to install devices

generally licensed in § 31.5

Illinois states that they have the right

to “withdraw, limit, or qualify its

acceptance of” any specific license

issued by NRC or another state, or

any product distributed pursuant to

that license, if the “Agency

determines that had that person been

licensed in Illinois by the Agency, the

license would have been subject to

action under Section 330.500

(Modification and Revocation of

Licenses) or 310.90 (Impounding). 

NRC has no specific license

revocation provisions for GL servicers

and installers in 10 CFR 31.6 

Illinois needs to revise Section

330.900(c) to omit this language to

meet the Compatibility Category B

designation assigned to Section 10

CFR 31.6.

15 N/A 32.52(a)(5) 2001-1 B Same: material transfer reports

and records

Illinois omitted the reporting

requirements of 32.52(a)(5).

Illinois needs to add the reporting

requirements to 330.280(n) to meet

the Compatibility Category B

designation to 10 CFR 32.52(a)(5). 
STATE REGULATION STATUS

State: Illinois [One amendment reviewed and identified Tracking Ticket Number: 5-189by a i at the beginning of each equivalent NRC regulation.] Date: August 23, 2005 

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-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 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 

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) 1994-2 

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 

Low-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) 1995-4 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

i Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material-Parts 30, 31, 32

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

ML05122

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

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

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, 1995.

5. ADAMS ML Number

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) 2005-2