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 final version of the Illinois regulations, 32 Ill. Adm. Code 310, 326, and

350 received by our office on May 2, 2005. This review closes out the following letters from J.

Klinger to Paul Lohaus on regulation reviews; April 28, 2005, April 29, 2005 and May 2, 2005. 

These regulations were reviewed by comparison to the equivalent NRC rules in 10 CFR 30, 34,

36, 39, 40, 70, 71, and 150 and the requirements of the eleven amendments identified in the

enclosed State Regulation Status (SRS) Data Sheet. We also reviewed your responses to

NRC comments contained in the January 20, 2004 letter. We discussed our review of the

regulations with Mr. Gibb Vinson on July 6, 2005.

As a result of our review, we found that all of the NRC comments from the January 20, 2004

letter have been addressed. We have no comments on the final versions of the rules

submitted. 

As discussed with Ted Henry of your staff, Illinois final rules regarding transportation of

radioactive materials were reviewed against the requirements of RATS ID 1996-1. Your

adoption by reference of the NRC’s transportation rules, as of February 10, 2004, did not

include the adoption by reference of the October 1, 2004 revision of Part 71 as shown in RATS

ID 2004-1. Please note that RATS ID 2004-1 is not due for Agreement State adoption until

2007. In addition, in the letter dated April 28, 2005, Illinois requested review of RATS ID 1998-

2. This amendment was reviewed as a final rule by the NRC in August 2000. No comments

were produced as a result of this review and thus this amendment was not reviewed at this

time. Please note that we have limited our review to regulations required for compatibility

and/or health and safety. 

R

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 John Zabko

at (301) 415-2308 or JGZ@NRC.GOV.

 Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated
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 final version of the Illinois regulations, 32 Ill. Adm. Code 310, 326, and

350 received by our office on May 2, 2005. This review closes out the following letters from J.

Klinger to Paul Lohaus on regulation reviews; April 28, 2005, April 29, 2005 and May 2, 2005. 

These regulations were reviewed by comparison to the equivalent NRC rules in 10 CFR 30, 34,

36, 39, 40, 70, 71, and 150 and the requirements of the eleven amendments identified in the

enclosed State Regulation Status (SRS) Data Sheet. We also reviewed your responses to

NRC comments contained in the January 20, 2004 letter. We discussed our review of the

regulations with Mr. Gibb Vinson on July 6, 2005.

As a result of our review, we found that all of the NRC comments from the January 20, 2004

letter have been addressed. We have no comments on the final versions of the rules

submitted. 

As discussed with Ted Henry of your staff, Illinois final rules regarding transportation of

radioactive materials were reviewed against the requirements of RATS ID 1996-1. Your

adoption by reference of the NRC’s transportation rules, as of February 10, 2004, did not

include the adoption by reference of the October 1, 2004 revision of Part 71 as shown in RATS

ID 2004-1. Please note that RATS ID 2004-1 is not due for Agreement State adoption until

2007. In addition, in the letter dated April 28, 2005, Illinois requested review of RATS ID 1998-

2. This amendment was reviewed as a final rule by the NRC in August 2000. No comments

were produced as a result of this review and thus this amendment was not reviewed at this

time. Please note that we have limited our review to regulations required for compatibility

and/or health and safety. 

R

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 John Zabko

at (301) 415-2308 or JGZ@NRC.GOV.

 Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated

SISP Review Complete

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF[5-126] DCD (SP07) PDR(YES_T) Illinois File Name:E:\Filenet\ML052370399.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 JZabko* STreby KSchneider for DRathbun

DATE 07/28/05* 08/11/05* 08/23/05*

ML052370399 Official Record
STATE REGULATION STATUS

State: Illinois [Eleven amendments reviewed and are identified Tracking Ticket Numbeby 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

iSafety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F 

ML05122

iASNT 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 

i 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

PML05143

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 

iPerformance 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

iClarification 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

i10 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 

iLicenses 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
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 / M

iRadiological 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, 70 63 FR 29535; (none) 1998-2 F-N 

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

iEnergy 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

Requirements 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) 2002-1 P

ML05124

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

ML05124

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