May 30, 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 revisions to the Illinois Administrative Code Title 32: Energy,

Chapter II: Division of Nuclear Safety, Subchapter b: Radiation Protection as received by our

office on April 4, 2006. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 35 and 36; and

the requirements of the 15 comments identified during our earlier review of the proposed

regulations. We discussed our review of the regulations with Gibb Vinson on May 25, 2006.

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to review Agreement State GL Device proposed and final rules but will hold in

abeyance any determination on those rules and compatibility of those rules, if the Agreement

State has the essential elements of the NRC’s rule and is more restrictive than the NRC’s rule.

For Agreement States without a GL Device rule or a GL Device rule less restrictive than the

NRC rules, the staff will factor this determination into results of the NRC’s review of the State’s

proposed and final rules and the compatibility findings during Integrated Materials Performance

Evaluation Program (IMPEP) reviews.

As a result of our review against the GL Device Rule Compatibility Category B designation, we

have eight comments as listed in the enclosure. Comments 1, 2, 3, 7 and 8 indicate that the

State’s regulations are more restrictive than the NRC’s regulations, and there is no corrective

action required for these comments at this time. However, Comments 4, 5 and 6 indicate that

the State’s regulations are less restrictive than the NRC’s regulations, and they need to be

addressed in the State’s future rulemaking process. We request that when a final amended

version of Illinois regulations are adopted and published in response to our comments, that 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.

As a result of our review of the other rules, we have no comments. Please note that we have

limited our review to regulations required for compatibility and/or health and safety. 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.
Gary N. Wright (2) May 30, 2006

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.hsrd.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 Richard

Blanton at (301) 415-2322 or by e-mail at rlb@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Gary N. Wright (2) May 30, 2006

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.hsrd.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 Richard

Blanton at (301) 415-2322 or by e-mail at rlb@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution:

DIR RF (6-96) SISP Review Complete

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

JLynch, RSAO SLai : Non-Sensitive G Sensitive

RBlanton, ASPO AMcCraw Illinois File

DOCUMENT NAME: E:\Filenet\ML061510195.wpd

ML of Incoming Document: ML060970127 

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 RBlanton SLai STreby KNSchneider for DRathbun

DATE 05/25/06* 05/25/06* 05/25/06* 05/30/06

ML061510035.pkg OFFICIAL RECORD COPY ML061510195.ltr
COMPATIBILITY COMMENTS ON ILLINOIS FINAL 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.

The Illinois rule requires records be

retained for 5 years. This is more

stringent than NRC rule requirement

of three years.

Illinois’ rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement State

on compatibility changes for the GL

rule.

2 330.220(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.

The Illinois rule provides 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 is more

stringent than NRC rule requirement

of 30 days.

Illinois’ rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement State

on compatibility changes for the GL

rule.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

3 330.220(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.

The Illinois rule 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’ rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement State

on compatibility changes for the GL

rule.

4 330.220(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.

The Illinois rule does not require

reporting of radiation incidents, theft

or loss of devices. 

Illinois needs to add the requirements

to report radiation incidents, and the

theft or loss of devices to meet the

compatibility B designation assigned

to 10 CFR31.5(c)(10). 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 330.220(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.

The Illinois rule does not specifically

require licensee response to written

requests to provide information

relating to the general license. 

Illinois needs to add a requirement to

respond to written requests to provide

information relating to the general

license to meet the compatibility B

designation assigned to 10 CFR

31.5(c)(11).

 6 330.220(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.

The Illinois rule requires registration

of devices based on different criteria

than in 10 CFR 31.5(c)(13)(i). This

approach could result in the situation

in which a new device would be

captured by the NRC rule, but would

not be captured by the Illinois rule. 

Illinois needs to revise the registration

criteria, to capture the same devices

captured by the language in 10 CFR

31.5(c)(13)(i) in order to meet the

compatibility designation B assigned

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

7 330.900(a) &

(b)

§31.6 2001-1 B General license to install devices

generally licensed in § 31.5.

The comment on the draft rule was not

addressed in the final rule. The

comment was:

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’ rule has the essential elements of

the NRC, but is more restrictive than the

NRC’s GL rule. As noted in the

September 28, 2005 All Agreement

States Letter STP-05-072, the

determination on this provision will be

held in abeyance until such time that the

NRC completes its review and response

to the Organization of Agreement State

on compatibility changes for the GL rule.

the Petition for Rulemaking and request

for change in compatibility. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 330.900(c) §31.6 2001-1 B General license to install devices

generally licensed in § 31.5.

The comment on the draft rule was

not addressed in the final rule. The

comment was:

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 The

Illinois requirements are more

restrictive than NRC requirements

given the limitations imposed by the

Compatibility Category B designation.

Illinois’ rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement State

on compatibility changes for the GL

rule.
STATE REGULATION STATUS

State: Illinois T

[7 reviewed identified by a i  at the beginning of the equivalent NRC requirement.] 

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 /

LicenseConditio(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 

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

ML05122

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

ML06097

Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-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 

Licensing 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 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 

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

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

1995-1 F

ML06097

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

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 /

LicenseConditio(LC) ML 

Low-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

ML05122

Radiation 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

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

ML06097

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 MaterialsLicenses-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 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

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

ML06025

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

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

ML06097

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

(2/12/01)

1998-1 F

ML06025
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 /

LicenseConditio(LC) ML 

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 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

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

(10/26/01)

1998-5 F

ML06097

Transfer 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 

Requirements 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-Part39

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

ML 0602FML05122

i Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial-Parts 30, 31, 32

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

ML06097

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

ML06025

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

ML06097
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 /

LicenseConditio(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 P

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p3, 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 

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

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 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; 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