June 30, 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 regulations, 32Ill. Adm. Codes: Part 310

“General Provisions for Radiation Protection”; Part 330, “Licensing of Radioactive Material”’; 

Part 335, “Use of Radionuclides in the Healing Arts; Part 340, “Standard for Protection Against

Radiation”; Part 346, “Licensed and Radiation Safety Requirements for Irradiatiors”; Part 351,

“Radiation Safety Requirements for Wireless Service Operations and Subsurface Tracer

Studies”; 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 20,

30, 32, 35, 36, 39, 40 and the requirements of the eight amendments identified in the enclosed

State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with

Ted Henry on June 1, 2005.

As a result of our review, we have no comments on the eight amendments identified in the SRS

Sheet. Our review of the remaining amendments identified in the May 2, 2005 letter will be

provided in future correspondence, as discussed during a conversation with Mr. Gibb Vincent

on June 30, 2005. Please note that we have limited our review to regulations required for

compatibility and/or health and safety. Under our current procedure, a 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, without 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 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 any 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 comments, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Andrea

Jones at 301-415-2309 or by e-mail at ARJ@NRC.GOV.

Sincerely,

/RA/

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure:

As stated
June 30, 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 regulations, 32Ill. Adm. Codes: Part 310

“General Provisions for Radiation Protection”; Part 330, “Licensing of Radioactive Material”’; 

Part 335, “Use of Radionuclides in the Healing Arts; Part 340, “Standard for Protection Against

Radiation”; Part 346, “Licensed and Radiation Safety Requirements for Irradiatiors”; Part 351,

“Radiation Safety Requirements for Wireless Service Operations and Subsurface Tracer

Studies”; 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 20,

30, 32, 35, 36, 39, 40 and the requirements of the eight amendments identified in the enclosed

State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with

Ted Henry on June 1, 2005.

As a result of our review, we have no comments on the eight amendments identified in the SRS

Sheet. Our review of the remaining amendments identified in the May 2, 2005 letter will be

provided in future correspondence, as discussed during a conversation with Mr. Gibb Vincent on

June 30, 2005. Please note that we have limited our review to regulations required for compatibility

and/or health and safety. Under our current procedure, a 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, without 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 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 any final

changes and provide a copy to STP. The SRS Data Sheet summarizes our knowledge of the

status of other South Carolina 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 Andrea

Jones at 301-415-2309 or by e-mail at ARJ@NRC.GOV.

Sincerely,

/RA/

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[5-127] DCD (SP07) PDR(YES_T) Response to Incoming Document:ML051240343

JLynch, RSAO RBlanton, ASPO BUsilton Illinois File File Name:C:\MyFiles\Copies\IL 5-129.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 AJones WRautzen STreby KSchneider for DRathbun

DATE 06/14/05* 06/14/05* 06/29/05* 06/30/05*

ML OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Illinois [Eight amendments reviewed and are identified Tracking Ticket Numbeby a i at the beginning of each equivalent NRC regulation.] Date: June 30 , 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 P 

ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 P 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 P 

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2Decommissioning 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) 1994-2Timeliness 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 MedicalUse-Parts 30, 32, 35

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

1995-1

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

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 / M

i 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) 1995-6Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses-Parts30, 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 

i 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 

i 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 forIndustrial Radiography Operations-Parts 30, 34, 71, 150

62 FR 28948;(6/27/00)

1997-5 P 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea-Part 30 62 FR 63634; (1/02/01) 1997-7 F-N 

i 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 P 

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 P

ML05124

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

ML05124
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 the regulation. See: “Final Po

Adequacy and Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6

1995.

5. ADAMS ML Number.

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements 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 P New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct MaterialParts 30, 31, 32 65 FR 79162; (2/16/04) 2001-1i Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 P

ML05124

i 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) 2003-1Compatibility 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