October 18, 2005

Gary Wright, Assistant Director

Illinois Emergency Management Agency

Division of Nuclear Safety

1035 Outer Park Drive

Springfield, IL 62704

Dear Mr. Wright:

We have received your September 27, 2005 letter regarding the 15 comments raised in

response to our review of 32 Ill. Adm. Code 330, “Licensing of Radioactive Material.” These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 31.5 and 31.6 and the requirements of the Regulation

Amendments noted in 2001-1 and as noted on the enclosed State Regulation Status (SRS)

Data Sheet. 

As requested, seven comments numbered 1, 4, 6, 8, 9, 13 and 14, will be held in abeyance

while the OAS and FL petitions are considered as noted in the All Agreement States letter STP

05-072 dated September 28, 2005.

By the additional information provided in the September 27, 2005 letter, the eight remaining

comments numbered 2, 3, 5, 7, 10, 11, 12 and 15 have been resolved by the State of Illinois. 

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. 

If you have any questions regarding the review results, 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 K. Rathbun, Deputy Director

 Office of State and Tribal Programs

Enclosures: 

As stated
October 18, 2005

Gary Wright, Assistant Director

Illinois Emergency Management Agency

Division of Nuclear Safety

1035 Outer Park Drive

Springfield, IL 62704

Dear Mr. Wright:

We have received your September 27, 2005 letter regarding the 15 comments raised in

response to our review of 32 Ill. Adm. Code 330, “Licensing of Radioactive Material.” These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 31.5 and 31.6 and the requirements of the Regulation

Amendments noted in 2001-1 and as noted on the enclosed State Regulation Status (SRS)

Data Sheet. 

As requested, seven comments numbered 1, 4, 6, 8, 9, 13 and 14, will be held in abeyance

while the OAS and FL petitions are considered as noted in the All Agreement States letter STP

05-072 dated September 28, 2005.

By the additional information provided in the September 27, 2005 letter, the eight remaining

comments numbered 2, 3, 5, 7, 10, 11, 12 and 15 have been resolved by the State of Illinois. 

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. 

If you have any questions regarding the review results, 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 K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF 5-295 SISP Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available

JLynch, RSAO G Non-Sensitive G Sensitive

AMcGraw, ASPO JTobin Illinois File

DOCUMENT NAME: E:\Filenet\ML052940176.wpd ML of Incoming Document:ML052770457

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 JTobin STreby KScneider for DRathbun

DATE 10/11/05* 10/17/05* 10/18/05*

ML052940176 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Illinois 

[No amendments reviewed] 

 Tracking Ticket Number: 

 

Date: 10-18-

2005

NRC Chronology Identification FR Notice

(Date Due For State

Implementation)

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 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 InstructionsParts 30,3557 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

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

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
NRC Chronology Identification FR Notice

(Date Due For State

Implementation)

RATS ID Propose

/ Final (F

Rule1 / M

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, 7061 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 2061 FR 65120; (1/9/00) 1997-1 P

ML05124

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-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 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

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, 7063 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 Industrial

Radiographic 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 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
NRC Chronology Identification FR Notice

(Date Due For State

Implementation)

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 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

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, 3265 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

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; (4/29/08) 2005-2

Increased Controls for Risk Significant Radioactive Sources (NRC Order EA-05-090) TBD FR TBD; (12/02/05) 2005-3