January 20, 2004

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, 32 Ill. Adm. Code 350,

“Radiation Safety Requirements for Industrial Radiographic Operations,” and 32 Ill. Adm. Code

351, “Radiation Safety Requirements for Wireline Service Operations and Subsurface Tracer

Studies,” received by our office on November 25, 2003. Our review and comments are in

response to the State’s request for Nuclear Regulatory Commission (NRC) evaluation of the

changes to Illinois radiation control rules that incorporated the amendments identified on the

States Regulation Status Data Sheet (SRS). These regulations were reviewed by comparison

to the equivalent NRC rules in 10 CFR 20, 30, 31, 34, 39, 71, 150 and the requirements of the

eight amendments identified in the enclosed SRS. We discussed our review of the regulations

with Joe Klinger on January 20, 2004.

As a result of our review, we have 20 comments. Under our current procedure, a finding that a

State regulation meets the compatibility and health and safety categories of the equivalent NRC

regulation may only be made based on a review of the final State regulation. Please provide a final

amended version of your rules showing the location of any changes made in response to our

comments. If there are any comments which you believe are in error, you should identify the

section of your regulations that meet the designated compatibility category. Please note that we

have limited our review to regulations required for compatibility and/or health and safety.

The State requested review of their rules related to amendment RATS ID # 1991-4 “Notification of

Incidents”. This review could not be conducted with the text submitted. The CFR changes

associated with this amendment occur in 10 CFR 20.2202, 30.50, 40.60 and 70.50. We have

attached the summary of change document for this amendment to this letter for your review. If the

State has language in its rules compatible with these sections, please provide a copy for review.

In addition, for future regulation submissions, it may be to the State’s advantage to use the

summary of change documents for the desired CFR amendments the State is attempting to

incorporate. These documents are used by this office to conduct the review of the submitted State

regulations against the required text. They show exactly what changed in the CFR and the

compatibility levels for each amendment. These documents are available from this office

electronically or in hard copy. We have attached a copy of the summary of change document for

amendment RATS ID # 2002-2 “New Dosimetry Technology” which was one of the amendments

the State tried to incorporate. Our review found omissions in the State rules for this submission.

These summary of change documents will show what text you must have in your rules. 
Gary N. Wright -2- January 20, 2004

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 Jim Lynch at

(630) 829-9661 or JLL2@NRC.GOV.

Sincerely,

/RA By K.X. Schneider for J.M. Piccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure:

As stated
Gary N. Wright -2- January 20, 2004

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 Jim Lynch at

(630) 829-9661 or JLL2@NRC.GOV.

Sincerely,

/RA By K.X. Schneider for J.M. Piccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure:

As stated

Distribution:

DIR RF [3-271] DCD (SP07) PDR (YES_)

R.Blanton, ASPO BUsilton

IL File Response to Incoming: ML033320321

DOCUMENT NAME: C:\MYFILES\Copies\3-271.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 RSAO:RIII STP OGC STP:DD

NAME JLynch JZabko STreby KXSchneider for

JMPiccone

DATE 01/ 05 /04* 01/ 07 /04* 01/15/ 04* 01/16/04*

ML040200621 Official Record
COMPATIBILITY COMMENTS ON ILLINOIS PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 350.20 34.3 1997-5 B Definition: Associated Equipment

The definition refers to an undefined

term “crank” rather than a control

(drive) cable. The definition is also

missing “and collimator when it is

used as an exposure head.”

These terms should be added to the

definition to meet Category B

compatibility which requires

essentially identical language.

2 Not found 34.3 1997-5 B Definition: Certifying Entity

This term is not included in the

proposed rules and therefore does

not meet Category B compatibility.

The State needs to add this definition.

3 350.20 34.3 1997-5 B Definition: Control Drive

Mechanism

Refers to definition of “Crank-out

Device”

The State definition is different than

34.3 and the SSR. Although the

meaning is the same, the definition

does not meet Category B

compatibility.

This definition should be essentially

identical to 34.3.
COMPATIBILITY COMMENTS ON ILLINOIS PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 350.20 34.3 1997-5 B Definition: Control Tube

Refers to “Guide Tube” definition

The control tube is not the same as

the guide tube as indicated. The

control tube runs from the crank to

the exposure device. The guide tube

runs from the exposure device to the

exposure head. This definition does

not meet Category B compatibility.

This definition should be essentially

identical to 34.3.

5 Not found 34.3 1997-5 C Definition: Field Station

This term is not included in the

proposed rules and therefore does

not meet Category C compatibility.

The State needs to add this definition.

6 350.20 34.3 1997-5 B Definition: Guide Tube

The proposed rule includes “control

tube” as an equivalent term. This

reference should be removed to meet

Category B compatibility.

7 Not found 34.3 1997-5 B Definition: Independent Certifying

Organization

This definition needs to be included in

the rule to meet Category B

compatibility.

The State needs to add this definition.
COMPATIBILITY COMMENTS ON ILLINOIS PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 350.20 34.3 1997-5 B Definition: Industrial Radiography

This definition, although having the

same meaning as 34.3 and the SSR,

is not essentially identical. It should

be modified to meet Category B

compatibility.

The State needs to add this definition.

9 Not found 34.3 1997-5 C Definition: Practical Examination

This term is not included in the

proposed rule and therefore does not

meet Category C compatibility.

The State needs to add this definition.

10 Not found 34.3 1997-5 B Definition: Radiographer

Certification

This definition needs to be included in

the rule to meet Category B

compatibility.

The State needs to add this definition.

11 Not found 34.3 1997-5 C Definition: Radiographic

Operations

This term is not included in the

proposed rules and therefore does

not meet Category C compatibility.

The State needs to add this definition.

12 350.20 34.3 1997-5 B Definition: Source Assembly

The Illinois rule differs from the NRC

definition.

The definition should be essentially

identical to meet category B

requirements.
COMPATIBILITY COMMENTS ON ILLINOIS PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

13 350.1000 34.20 1997-5 B Requirements for Radiography

Equipment Using Radiographic

Exposure Devices

The Illinois rule differs from 34.20

throughout.

Examples include: 350.1000(a)(4)

and 350.1000(b) refer to radiographic

exposure devices and associated

equipment but do not reference

source changers or source

assemblies as written in 34.20(b)(3)

and 34.20(c).

The rule should be modified to be

essentially identical to meet Category

B compatibility.

14 350.1020 34.23 1997-5 B Locking of Sources of Radiation

Many of the components of 34.23 are

in the proposed rule, however, some

like the “outer locked container” are

not.

The rule should be modified to be

essentially identical to meet Category

B compatibility.

15 350.2030 34.47 2002-2 C Personnel Monitoring

The State has omitted the

requirements of section 34.47 (a)(1),

(a)(4), the requirements contained in

the last 2/3 of paragraph (d), and all

of paragraph (e).

The State needs to add these

sections to meet compatibility.
COMPATIBILITY COMMENTS ON ILLINOIS PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

16 350.1070 34.71 1997-5 B Utilization Logs

Several pieces of information are not

required in the logs, including the

make and model of exposure devices

and the radiographer’s signature. 

Because of the differences from

34.71, the rule does not meet

Category B compatibility.

The rule should be modified to be

essentially identical to 34.71.

17 351.2030 39.65 2002-2 C Personnel monitoring

The State has omitted the

replacement criteria for personal

dosimeters contained in 39.65 (a). 

The State needs to add the

replacement criteria to meet

compatibility.

18 350.2010 34.43 1997-5 B Training and Testing

The revision chart submitted with the

proposed rule package states that

Illinois allows reciprocal recognition of

certification cards issued by other

regulatory agencies. This rule,

however, states that radiographers

must be certified by Illinois and does

not address reciprocal recognition.

Observation of radiographers and

trainees job performance during

actual radiographic operations is

required annually instead of

semiannually as required by 34.43.

The rule should be modified to be

essentially identical to 34.43 for

Category B compatibility.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

19 350.3045 34.41 1997-5 B Operating Requirements

The rule differs from 34.41

throughout.

The rule is missing “The additional

qualified individual shall observe the

operations and be capable of

providing immediate assistance to

prevent unauthorized entry.” This

omission allows the second individual

to be in a darkroom or other area

from which the radiographic

operations are not visible.

The rule should be modified to be

essentially identical to meet Category

B compatibility.

20 340.410 and

351.1050

39.35 2000-1 C Leak testing of sealed sources

The State has omitted the

requirements of 39.35 (b) pertaining

to the need for wipe test kits or

methods approved by the

Commission or an Agreement State

to conduct wipe tests of sources.

The State needs to add these

requirements to meet compatibility.
STATE REGULATION STATUS

State: Illinois [Eight amendments reviewed and are identified Tracking Ticket Number: 3-271by a  at the beginning of each equivalent NRC regulation.] Date: January 16, 2004

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 
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

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 

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5Clarification 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) 1995-710 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 LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2Termination 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) 1997-1Recognition 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) 1997-3Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

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 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 1998-1
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.

(2/12/01)

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 Industrial

Radiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 P 

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

(10/26/01)

1998-5

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6Radiological 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) 2000-2 P 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) 2002-1Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (4/24/05) 2002-2 F Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1
4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final 

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

1995.

5. ADAMS ML Number