ML20212J783

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Recommends Meeting Between Region III Licensing & Insp Staff & State of Il Prior to Effective Date of Agreement to Review Status of Pending & Problem Cases.Recommendation Follows Formal State of Il Request for Section 274 Agreement
ML20212J783
Person / Time
Issue date: 10/20/1986
From: Kerr G
NRC OFFICE OF STATE PROGRAMS (OSP)
To: James Keppler
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20210H056 List:
References
FOIA-87-47 NUDOCS 8703090133
Download: ML20212J783 (2)


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' Distribution:

SA R/F t1 Dir R/F Illinois file J0Lubenau N RLickus, RIII Ref: SA/J0L OCl 2 01985 MEMORANDtPt FOR: Janes G. Keppler Regional Administrator Region III FROM: G. Wayne Kerr, Director Office of State Programs

SUBJECT:

INSPECTION OF ILLIN0IS LICENSES AND ISSUANCE OF LICENSES

, As you know, Chaimen Zech has received the foms1 request fron Governnr Thompsnn of Illinois for e Section 274 agreenent covering byproduct, source, fomule quantities of special nuclear naterial, and low-leval waste dispostl but excluding uraniun and thoriun nills and mill tailings.

At the present tim- there are approximately 800 naterials licenses in effect in Illinoit. The na.iority are expected to be transferred to Illinois when it assumes Agreement State status.

It has been the Comission's practice in the past to see thct licenses transferred to a new Agreemnt State are not overdue for insper. tion and significar.t catstending inspection and enforcement itens are conpleted by the effective date if at all possible. We understand that P,egion III will be abic tn cono1cte those activities in accordance with IE Manual Chapter 28S2, in order to allow for a smooth transfer of the licenses and that effnru are being made to conplete licensing actions to the maximun extent possible. Ve appreciate your staff's work in thit re gt.rd.

We believe it would bc fruitful to hold a meeting with Region ITI licensing and inspection staf's and approp* fate Illinois staff prior ta the effective date of the agreenent to review the status of any pending and problen cases. We will contact you later on this. This practice worked well in connection with the Iowa agreement.

.. ... .:.. A signed by 0703090133 870226 G. Wayne Kerr, Director PDR FOIA RADER87-47 PDR Office of State Programs cc: J. M. Tavlor, IE J. G. Davis, NMSS

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i STATE OF lLLINOIS DEPARTMENT OF NUCLEAR SAFETY 1035 OUTER PARK DRIVE SPRINGFIELD 62704 (217) 546-8100 TERRY R. LASH D'"" "

October 21, 1986 Joel 0. Lubenau Senior Project Manager Office of State Programs Nuclear Regulatory Comission Washington, D.C. 20555

Dear Joel:

Enclosed please find 25 copies of Part 310, Appendix 351.B. and Illustration 340.A.

There is no scope section to Part 320. Section 320.10(a) clearly states that registration must be undertaken by operators of all facilities, not subject to NRC regulation, where radiation machines are used.

When I can be of further assistance, please do not hesitate to call.

Sincerely, f

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Betsy Salus Staff Attorney BS:sp l Enc.

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32 ILLINOIS ADMINISTRATIVE CODE CH. II, 1310.

SUBCHAPTER b TITLE 32: ENERGY CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY SU8 CHAPTER b: RADIATION PROTECTION PART 310 GENERAL PROVISIONS Section 310.10 Scope 310.20 Definitions 310.30 Exemptions 310.40 Records .

310.50 Inspections 310.60 Tests 310.70 Additional Requirements Violations 310.80 310.90 Impounding 310.100 Prohibited Uses ,,

310.110 Communications 310.120 Plans and Specifications .

310.130 The International System of Units (SI)

. APPENDIX A Transport Grouping of Radionuclides (Repealed)

APPENDIX B Tests for Special Form Licensed Material (Repealed)

AUTHORITY: Implementing and authorized by the Radiation Protection Act (Ill.

Rev. Stat. 1985, ch. 111}, pars. 211 et. seq.).

, SOURCE: Filed April 20, 1974 by the Department of Public Health; transferred to the- Department of Nuclear' Safety by P. A. 81-1516, effective December 3, 1980; codified at 7 Ill. Reg.15657; amended at 10 Ill. Reg. 17eco ,

effective September 25. 1986 .

. Amended SEP 2 51986 Sm.tet .c0DE UNIT

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32 ILLINOIS ADMINISTRATIVE CODE CH. II. 6310.20 SUBCHAPTER b Section 310.20 Definitions As used in 32 Ill. Adm. Code 310, 320, 330, 331, 340, 341, 350, 351, 370, 400, and 601, these terms have the definitions set forth below. Additional definitions used only in a certain Part will be found in that Part.  !

" Accelerator-produced material" mearis any material made radioactive by a particle accelerator.

"Act" means Radiation Protection Act (Ill. Rev. Stat. 1985 ch. 111h, par. 211 et seq.).

" Agreement State" means any State with which the U. S. Nuclear Regulatory Commission or the U.S. Atomic Energy Commission has entered into an effective agreement under subsection 274b of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021(b) et seq.).

" Airborne radioactive material" means any radioactive material dispersed in the air in the form of dusts, fumes, mists, vapors, er gases.

" Airborne radioactivity area" means:

any room, enclosure, or operating area in which airborne radioactive material exists in concentrations in excess of the amounts specified in 32 Ill. Adm. Code 340. Appendix A, Table 1, Column 1; or any room, enclosure, or operating area in which airborne radioactive material exists in concentrations which, averaged over the number of hours in any week during which individuals i are in the area, exceed 25 percent of the amounts specified in 32 Ill. Adm. Code 340. Appendix A, Table 1, Column 1.

" Byproduct material" means: any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

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" Calendar quarter" means not less than 12 consecutive weeks nor more than 14 consecutive weeks. The first calendar quarter of each year shall begin in January and subsequent calendar quarters shall be so arranged such that no day is included in more than one calendar quarter and no day in any one year is omitted from inclusion within a calendar quarter. No licensee or registrant shall change the method observed by him of determining calendar quarters for purposes of 32 i

Ill. Adm. Code 310, 320, 330, 331, 340, 341, 350, 351, 370, 400, and 601 except at the beginning of a calendar year.

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CH. II, 6310.20 32 ILLINOIS ADMINISTRATIVE CODE SUBCHAPTER b

" Dosimetry processor" means an individual or an organization that extracts certein information from devices called dosimeters, then performs various mathematical operations on this information to generate a quantity called dose equivalent.

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" Exposure" means the quotient of dQ divided by dm where "dQ" is the 4 absolute value of the total charge of the ions of one sign produced in air when all the electrons (negatrons and positrons) liberated by photons in a volume element of air having mass "dm" are completely stopped in. air. (The special unit of exposure is the roentgen (R).)

(See Section 310.130 for SI equivalent coulomb per kilogram.)*

  • AGENCY NOTE: When not indicated as '" exposure"(X)', the term

" exposure" has a more general meaning in 32 Ill. Adm. Code 310, 320, 330, 331, 340, 341, 350, 351, 370, 400, and 601.

" Exposure (X) rate" means the " exposure"(X) per unit of time, such as roentgen per minute and milliroentgen per hour. ,

"Former U.S. Atomic Energy Commission (AEC) or U.S. Nuclear Regulatory Commission (NRC) licensed facilities" means nuclear reactors, nuclear fuel reprocessing plants, uranium enrichment plants, or critical mass experimental facilities where AEC or NRC licenses have been terminated.

" Healing Arts" means the art or science or group of arts or sciences dealing with the prevention and cure or alleviation of human ailments, diseases or infirmities, and has the same meaning as

" 1dicine" when the latter term is used in its comprehensive sense.

"High radiation area" means any area, accessible to individuals, in which there exists radiation at such levels that a major portion of the body could receive in any one hour a dose in excess of 100 millirems (1 mil 11 sievert).

" Human use" means the internal or external administration of .n radiation or radioactive materials to human beings.

" Individual" means any hum!Ln being.

" Inspection" means an official examination or observation including, but not limited to, i.ests, surveys, and monitoring to determine

compliance with rules, regulations, orders, requirements, and conditions of the Department.

! " Interlock" means a device arranged or connected such that the i occurrence of an event or condition is required before a second event or condition can occur or continue to occur.

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-I 32 ILLINOIS ADMINISTRATIVE CODE CH. II. 6 310.20 SU8 CHAPTER b

" Particle accelerator" means any machine capable of accelerating  !

electrons, protons, deuterons, or other charged particles in a vacuum and of discharging the resultant particulate or other radiation into a medium at energies usually in excess of 1 million electron volts (MeV).

" Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other State or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing.

" Personnel monitoring equipment" means devices such as film badges, pocket dosimeters, and thermoluminescent dosimeters designed to be worn or carried by an individual for the purpose of estimating the ,

e dose received by the individual.

" Pharmacist" means an individual licensed by the State pursuant to the Pharmacy Practice Act (Ill..Rev. Stat. 1985, ch. 111, pars. 4002 q

et seq.) to compound and dispense drugs, prescriptions, and poisons.

j- " Physician" means a person licensed to practice a treatment of human ailments by virtue of the Medical Practice Act (Ill. Rev. Stat. 1985, ch. 111, par. 4401 et seq.), The Dental Practice Act (Ill. Rev. Stat.

. 1985, ch. 111, par. 2201 et seq.) and "AN ACT to regulate the practice of podiatry in the State of Illinois" (Ill. Rev. Stat. 1985 ch. 111, par. 4901 et seq.), who may use radiation for therapeutic, diagnostic, or other medical purposes within the limits of his licensure.

" Qualified Engineering Expert" means a person qualified under the Illinois Architecture Act (Ill. Rev. Stat. 1985 ch. 111, par. 1201 et 4 seq.), The Illinois Structural-Engineering Act (Ill. Rev. Stat. 1985, ch. 111, par. 6501 et seq.) and/or any required combination thereof.

" Rad" means the special unit of absorbed dose. One rad equals one hundredth of a joule per kilogram of material; for example, if tissue is the material of interest, then 1 rad equals 100 ergs per gram of tissue (10 milligrays). (See Section 310.130 for SI equivalent gray).

" Radiation" means ionizing radiation which includes any of the following: gamma rays,1-rays, alpha particles, beta particles, high-speed electrons, neuvons, high-speed protons, and other atomic particles.

Amended SEP 2 51986 Sm '"i MOE UNIT

s 32 ILLINDIS ADMINISTRATIVE CODE CH. II, 6310.20 SUBCHAPTER b An absorbed does of 0.1 rad due to neutrons or high energy, protons.*

  • AGENCY NOTE: If it is more convenient to measure the neutron flux, or equivalent, than tc determine the neutron absorbed dose in rads, one rem of neutron radiation may, for purposes of 32 Ill. Adm. Code 310, 320, 330, 331, 340, 341, 350, 351, 370, 400, and 601, be assumed to be equivalent to 14 million neutrons per square centimeter incident upon the body; or, if there exists sufficient information to estimate with reasonable accuracy, the approximate distribution in energy of the neutrons, the incident number of neutrons per square centimeter equivalent'to one rem 4

may be estimated from the following table:

Neutron Flux Dose Equivalents Neutron Number of neutrcns per Average flux energy square centimeter for a density to (MeV) dose equivalent of I deliver 100 rem (10milijsieverts) millirems (1 (neutrons /cm ) mil 11 sievert) in 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> 2

(neutrons /cm per second) 970 x 10 6 I

Thermal ......... . . . . . . . . . . . . . . ..... 670 0.0001 ......... 720 x 106 . . . . . . .. . . . . . . ..... 500

. 0.005 ......... 820 x 10 6 . . . . . . . . . . . . . . ..... 570 0.02 ......... 400 x 10 6 . . . . . . .. . . . . . . ..... 280 1

0.1 ......... 120 x 10 6 . . . . . .... . . . .. ...... 80 0.5 ......... 43 x 10 6 . . . . . . .. . . . . . . ...... 30 1.0 ......... 26 x 106 . . . . . . .. . . . . . . ...... 18 2.5 ......... 29 x 10 6 . . . . . . . . . . . . . . ...... 20 26 x 10 6 5.0 ......... . . . . . . . . . . . . . . ...... 18 7.5 ......... 24 x 10 6 , , , , , , , , , , , , , , ,,,,,, 17 24 x 10 6 10.0 ......... , , , , , , , , , , , , , ,,,,,,, 17 4

10 to 30 ......... 14 x 10 6 . . . . . . . . . . . . . . ...... 10 i

"Research and development" means:

, theoretical analysis, exploration, or experimentation; or the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experi-mental production and testing of models, devices, equipment, materials, and processes. Research and development does not include the internal or external administration of radiation or radioactive material to human beings. Amended SEP 2 51986 Sm .in .m0E UNIT 4

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-32 ILLINOIS ADMINISTRATIVE CODE CH. II. 4310.20 SUBCHAPTER b

" Survey" means an evaluation of the production, use, release, disposal, and/or presence of sources of radiation under a specific set of conditions to determine actual or potential radiation hazards. When appropriate, such evaluation includes, but is not' limited to, tests, physical examinations, and measurements of levels  :

of radiation or concentrations of radioactive material present.

" Test" means the process of verifying compliance with an applicable regulation.

"U.S. Department of Energy" means the Department of Energy (established by Public Law 95-91, August 4, 1977, 91 Stat. 565, 42 U.S.C. 7101 et seq.), to the extent that the Department exercises functions formerly vested in the U.S. Atomic Energy Commission, its Chairman, members, officers and components and transferred to the U.S. Energy Research and Development Administration and to the Administrator thereof pursuant to sections 104(b), (c) and (d) of the  ;

Energy Reorganization Act of 1974 (Public Law 93-438, October 11 '

1974, 88 Stat. 1233 at 1237, effective January 19,1975) and ret:5ns-ferred to the Secretary of Energy pursuant to section 301(a) of the Department of Energy Organization Act (Public Law 95-91, August 4, 1977, 91 Stat. 565 at 577-578. 42 U.S.C. 7151, effective October 1, 1977.)

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" Unrefined and unprocessed ore" means are in its natural form prior to any processing, such as grinding, roasting, beneficiating, or refining.

" Unrestricted area" means any area access to which is not controlled by the licensee or registrant for purposes of protection of individuals from exposure to radiation and rr.dioactive material, and any area used for residential quarters.

" Waste handling licensees" mean persons licensed by the NRC, the Department, an Agreement State or a Licensing State to receive and store radioactive wastes prior to disposal and/or persons licensed to dispose of radioactive waste.

" Worker" means an individual engaged in work under a license or registration issued by the Department and controlled by a licensee or registrant, but does not include the licensee or registrant.

4 (Source: Amended at 10 Ill. Reg. , effective )

Amended SEP 2 51986 cm .m .m0F. UNIT

., l 32 ILLINOIS ADMINISTRATIVE CODE CH. II, 6310.40 SUBCHAPTER b Section 310.40 Records Each licensee and registrant shall maintain records showing the receipt,

- transfer, use, storage and disposal of all sources of radiation. Additional record requirements are specified elsewhere in 32 Ill. Adm. Code 310, 320, 330, 331, 340, 341, 350, 351, 370, 400, and 601.

(Source: Amended at 10 Ill. Reg. , effective )

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32 ILLINDIS ADMINISTRATIVE CODE CH. II. 6310.60 SUBCHAPTER b Section 310.60 Tests Each licensee and registrant shall perform upon instructions from the Department, or shall permit the Department to perform, such reasonable tests as the Department deems appropriate or necessary including, but not limited to, tests of:

a) sources of radiation; b) installations wherein sources of radiation are used or s;tored; c) radiation detection and monitoring instruments; and d) other equipment and devices used in connection with utilization or storage of licensed or registered sources of radiation.

(Source: Amended at 10 Ill. Reg. , effective )

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A1nanded SEP 2 51986 Sot . '"I . c00E UNfr

, 32 ILLINOIS ADMINISTRATIVE CODE CH. II, 6310.80 SUBCHAPTER b Section 310.80 Violations a) Any person who shall violate any of the provisions of. or who fails to perform any duty imposed by the Act, or who violates any determi-nation or order of the Department, promulgated pursuant to the Act is guilty of a Class A misdemeanor: provided each day during which

. violation continues shall constitute a separate offense: and in addition thereto, such person may be enjoined from continuing such violation as hereinafter provided.

b) Whenever the Department believes upon inspection and examination of a radiation installation or a radiation source as constructed, .

operated, or maintained that there has been a violation of any of the Department's rules or regulations promulgated pursuant to the Act, the Department, in addition to taking other enforcement action, may impose a civil penalty, not exceeding $1,000 for such violation, provided each day the violation continues shall constitute a separate offense. (Ill. Rev. Stat.1985, ch.1111, par. 219) c) The penalties provided herein shall be recoverable in an action brought in the name of the people of the State ofIllinois by the Attomey General.

(Source: Amended at 10 Ill. Reg. ___ , effective )

l Am anded

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t l M IIDN0f3 ADetINISTRATIVE CODE CHAPTER tt a 310100 SLlBCHAPTER b Section 310.100 Prehlbited Uses j a) Hand held Ruoroscopic screens shall not be used. l 1

b) Shoe Atting Ruoroscopie devices shall not be used.

8 FILED NOV 4 1983

3 32 ILLINOIS ADMINISTRATIVE CODE CH. II, 6310.120 SUBCHAPTER b Section 310.120 Plans and Specifications The Director may require the user of any new or altered radiation installation to prepare plans and specifications of the proposed installation and submit them to the Department for review and approval prior to starting construction or operation.

. (Source: Added at 10 111. Reg. , effective )

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32 ILLIN0IS ADMINISTRATIVE CODE CH. II 5310. APP. A SUBCHAPTER b Section 310. APPENDIX A TRANSPORT GROUPING OF RADIONUCLIOES (REPEALED)

(Source: Repealed at 10 Ill. Reg. , effective )

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, -32 ILLINOIS ADMINISTRATIVE CODE CH. II, 6340.ILLUS.A SUBCHAPTER b l

Section 340. ILLUSTRATION A Radiation' Symbol l

1. Cross-hatched area is to be magenta or purple.
2. Background is to be yellow.

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- 32 ILLIN0IS ADMINISTRATIVE CODE CH. II, 6351. APP.B SUBCHAPTER b SECTION 351. APPENDIX B Example of Plaque for Identifying Wells Containing Sealed Sources Containing Radioactive Material Abandoned Downhole

COV)ANY NAVE:

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W E'_ _ JE\ ~ CA 0 \' . .

'A' CAUTION A' O\ E 2 CUR E CS-:.37 RAJ OAC VE SOURCI A3A\ 20\ E) 3-3-75 A 8400 7-3

_UG BAC( J P"' 8200 r'. ~

30 \ 0 R E- E.5 E.R ~F S W E _ _ B E :0 R E C0 \"AC \G

[RA) A"'0% C0 \~R0_ AG E\CY:

The size of the plaque should be convenient for use on active or inactive wells, e.g., a 7-inch square. Letter size of the word " CAUTION" should be approximately twice the letter size of the rest of the information, e.g.

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