August 3, 2007

Charles G. Vinson, Acting Head

Radiation Materials

Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield, IL 62704

Dear Mr. Vinson:

We have reviewed the proposed changes to the Illinois regulations in 32 Ill. Adm. Code 330.20,

330.1100 and 330 Appendix F, received by our office on June 4, 2007. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Parts 20 and 32 and the requirements of the two amendments identified in the enclosed

State Regulation Status (SRS) Data Sheet. The response to the three issues identified in your

letter is also enclosed. We discussed our review of the regulations with you on August 2, 2007.

As a result of our review, 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 proposed, meet the compatibility and health and safety categories established in

the Office of Federal and State Materials and Environmental Management Programs (FSME)

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 FSME Procedure SA-201, “Review of State Regulatory Requirements,” please

highlight any final changes and provide a copy to Division of Materials Safety and State

Agreements, FSME. 

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 FSME website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the review, the compatibility and health and safety

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

Schneider, State Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or

Ernesto Quiñones at 301-415-0271 (email: eqp@nrc.gov).

Sincerely,

\RA By KNSchneider For\

Scott Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures:

 As stated
August 3, 2007

Charles G. Vinson, Acting Head

Radiation Materials-Illinois Emergency Management Agency

1035 Outer Park Drive

Springfield, IL 62704

Dear Mr. Vinson:

We have reviewed the proposed changes to the Illinois regulations in 32 Ill. Adm. Code 330.20,

330.1100 and 330 Appendix F, received by our office on June 4, 2007. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR

Parts 20 and 32 and the requirements of the two amendments identified in the enclosed State

Regulation Status (SRS) Data Sheet. The response to the three issues identified in your letter is

also enclosed. We discussed our review of the regulations with you on August 2, 2007.

As a result of our review, 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 proposed, meet the compatibility and health and safety categories established in

the Office of Federal and State Materials and Environmental Management Programs (FSME)

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 FSME Procedure SA-201, “Review of State Regulatory Requirements,” please

highlight any final changes and provide a copy to Division of Materials Safety and State

Agreements, FSME. 

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 FSME website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the review, the compatibility and health and safety categories,

or any of the NRC regulations used in the review, please contact Kathleen Schneider, State

Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or Ernesto Quiñones at

301-415-0271 (email: eqp@nrc.gov).

Sincerely,

\RA By KNSchneider For\

Scott Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated

Distribution:

DIR RF [7-48] SUNSI Review Complete

DCD (SP06) : Publicly Available G Non-Publicly Available

JLynch, RSAO : Non-Sensitive G Sensitive

Illinois File

DOCUMENT NAME: C:\FileNet\ML072190459.wpd ML of Incoming Document:ML071560320

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 DMSSA/SSSB DILR/ILB SAIS SSS:BC OGC SAIS:BC MSSA:DD

NAME EQuiñones JTobin KSchneider THarris FCameron DWhite SMoore

DATE 6/27/07* 6/28/07* 7/09/07* 7/10/07* 7/25/07* 8/03/07* 8/03/07*

ML072190459 OFFICIAL RECORD COPY PKG.ML062190464
RESPONSES TO ISSUES IDENTIFIED 

IN THE JUNE 4, 2007 LETTER FROM CHARLES VINSON, ILLINOIS 

ON NATIONAL SOURCE TRACKING SYSTEM (NSTS)

1. Please specify a date that the National Source Tracking System will be operational. Our

legislative process will probably demand that this date be specified in this rule. Currently, we

have deferred to the NRC website for this.

The date for operation of the NSTS has been delayed. NRC is in discussion with the

contractor concerning changes to the system design and now expects to have the

system in operation in the Summer of 2008. As soon as it is possible to provide a more

precise date, NRC will advise the Agreement States and other stakeholders and will

change the date in the rule for reporting to the system (presently November 15, 2007 for

Category 1 sources and November 30, 2007 for Category 2 sources).

2. Please specify recourse if licensees submit reports to states or fail to report at all to the

National Source Tracking System. What follow up will be made and which entity will pursue this

(NRC/NSTS or States)?

States can advise licensees how to report to the NSTS system or provide reports made

to them to the NSTS system, in which case NRC staff will contact the licensee to

provide instructions. Licensees who fail to report to the system are subject to

enforcement action, as for any violation of rules. Contact with the licensee, inspection,

and enforcement action would all be handled by the licensing agency in whose

jurisdiction the licensee operates.

3. Service vendors are also an issue with disassembly and disposal of units. Is it the

licensee or the vendor that is responsible for reporting these transactions? Can the vendor

report in behalf of the licensee? There are also a lot of transboundary compliance issues with

these vendors. Please clarify how violations made by vendors in other jurisdictions will be

addressed.

Licensees are responsible for reporting all of their transactions, including source

exchanges and disposal, to the system. If a licensee using a source transfers it to a

vendor or service company licensed for possession of the source, the licensee reports

that it is transferring the source and the vendor reports receiving it and any subsequent

transaction. Any failure to report would be handled by the licensing agency (NRC or

Agreement State) in whose jurisdiction the transfer takes place. The responsible

agency would follow up as necessary with contacts to the licensee and, if appropriate,

enforcement action.
STATE REGULATION STATUS

State: Illinois Tracking Ticke[2 Amendments identified by a i Date: August 

 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

ML05271

 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 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  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
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 /

LicenseConditio(LC) ML 

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 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

 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 

 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 Urea- 62 FR 63634; (1/02/01) 1997-7 F 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 /

LicenseConditio(LC) ML 

Part 30 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

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 F 

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 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
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule1 /

LicenseConditio(LC) ML 

 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

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

ML06097

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 F

ML06166

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

Minor Amendments - Part 20,30,32,35,40 and 70 71FR15005 (3/27/09) 2006-1iNational Source Tracking System - Serialization Requirements - Part 32 with referenceto Part 20 Appendix E

71 FR 65685 (2/6/07) 2006-2 LC

ML07029PML07156
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 Policy Stateme

Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 19

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 

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

7. RATS ID 2006-3 will not be considered under the Non-Common Performance Indicator “Compatibility Requirements” for IMPEP reviews until 

Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be provided to the States under seand the SRS sheet will be revised as appropriate.

iNational Source Tracking System - Part 20 71 FR 65865 (11/15/07) &

(11/30/07)

2006-37 P

ML07156