ML20149H534

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Discusses NRC Review of All Agreement State Final Part 20 Equivalent Rules for Compatibility w/10CFR20 & Forwards Two Vol ORNL Rept,Documenting Staff Review of Illinois Final 10CFR20 Equivalent Rule
ML20149H534
Person / Time
Issue date: 07/23/1997
From: Lohaus P
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Ortciger T
ILLINOIS, STATE OF
Shared Package
ML20149H536 List:
References
NUDOCS 9707250027
Download: ML20149H534 (35)
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Text

.

jE 4 p k UNITED STATES j

2 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 4 001 July 23, 1997

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Mr. Thomas Ortciger, Director Illinois Department of Nuclear Safety 1035 Outer Park Drive Springfield, IL 62704

Dear Mr. Ortciger:

i Given the significance of the revised 10 CFR Part 20 rule to both NRC and Agreement j- State programs, NRC undertook a review of all Agreement State final Part 20 equivalent i

' rules for compatibility with 10 CFR Part 20. The review was conducterl as a two step process. The first step involved a review by Oak Ridge National Laboratory (ORNL), under 4 i- contract with NRC, to identify any differences or inconsistencies between 10 CFR Part 20 l l and each Agreement State equivalent rule. A copy of the two volume ORNL report, dated l January 18,1995, documenting its staff reviev."of the Illinois final 10 CFR Part 20 1 equivalent rule, is enclosed for your information and use (Enclosure 1). The second part of the review was conducted by NRC staff and consisted of a review of the differences and *

, inconsistencies identified by ORNL for compatibility and adequacy significance. l I

The NRC revieve focused on those provisions of your rule that are required for compatibility I or for health and safety under the new adequacy and compatibility policy statement approved by the Commission by Staff Requirements Memorandum dated June 30,1997

, (F.nclosure 2 describes the new compatibility categories). Enclosure 3 provides our

comments on the State's regulations and shows the current compatibility divisions (i.e.,1
and 2) and the corresponding new compatibility categories (i.e., A, B, C, D, NRC, and l H&S). There are three provisions, as noted in Enclosure 3, that are not compatible with 10 CFR Part 20 under current compatibility procedures. .We note, however, that in the final Integrated Materials Performance Evaluation Program (IMPEP) Report, that the Management Review Board (MRB) found the Illinois Agreement State program compatible and recommended that the NRC staff re-evaluate the compatibility classification for one of the provisions under the new adequacy and compatibility policy statement. This provision is the Part 340.30 definition of " declared pregnant vroman." These MRB findings and i discussions resolved allissues related to Illinois' cc ioition of " declared pregnant woman"

! and " dose to an embryo / fetus." The only remaining issue to be resolved is the definition of

" Generally Applicable Environmental Standards."

'Nithin 45 days, we request that you respond in writing with information describing the actions you plan to take to address the omission of the definition of " Generally Applicable

Environmental Radiation Standards" from the Illinois regulations. As you are aware, Agreement States have flexibility to adopt rules required for compatibility in the form of legally binding requirements other than regulations. This methodology may be appropriate to resolve compatibility issues raised with Illinois' regulations,

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Thomas Ortciger fdDL 2 31997 Finally, implementation procedures for the new policy staten)ent provide guidance that indicates Agreem9nt State rules should conform with the new policy not later than 3 years after the policy's effective date.

If you have any questions regarding these comments, the compatibility criteria, the NRC regulations used in the review, or the Oak Ridge report, please contact me at (301) 415-2326 or Jim Lynch, Regional State Agreements Officer, at (830) 829-9661, or INTERNET: JLL2@NRC. GOV.

Sincerely, I (L 4 Paul H. Lohaus, Deputy Director Office of State Programs

Enclosures:

As stated cc: Paul Eastvold, IDNS Steve Collins, IDNS  ;

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Thomas Ortciger 3 i

Finally, implementation procedures for the new policy statement provide guidance that indicates Agreement State rules should conform with the new policy not later than 3 years after the policy's effective date.

1 If you have any questions regarding these comments, the compatib:lity criteria, the NRC regulations used in the rev'ew, or the Oak Ridge report, please contact me at (301) 415-2326 or Jim Lynch, Regional State Agreements Officer, at (630) 829-9661, or

. INTERNET: JLL2@NRC. GOV. l Sincerety,

'OlginalSigned By:

PAULH.LOHAUS l

i Paul H. Lohaus, Deputy Director i Office of State Programs I

Enclosures:

1 As stated cc: Paul Eastvold, IDNS l Steve Collins, IDNS 1

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Distribution:

DIR RF DCD (SP07)

SDroggitis PDR (YES v' NO )

KNSchneider lilinois File Part 20 File w/o ORNL Report DOCUMENT NAME
G:\ CHM \PART20\lLREVIEW.20 'See Pirevious Concurrence. I n r.c.ev. . copy of thi. oocum.nt, inoic.t. in th. box: c - copy without att.cnmenti.pgi,i, r. e - copy witn .tt.chment/.nclosure "N" - No copy O$@,

OFFICE REG 111 l OSP _ ,f l _

OGC OSP:D l JLynch:nb:kk CMaupin [$1/

NAME PHLohbus~ I),T4d] FCameron RLBangart l DATE 05/21/97* 05/29/97* 06/04/97* 07/22!97*

05/28/ 7*7E' r/ . 07/02/97*

_ 7 07/08/97*

OSP FILE CODE: SP-AG-8 SP-P-1 l

Comoatibility Cateoorv and H&S Identification for NRC Reaulations Key to categories: A= Basic radiation protection standard or related definitions, signs, labels or terms necessary for a common understanding of radiation protection that the State should adopt with (essentially) identical language.

B= Program element with significant direct transboundary implications that the State should I adopt .with essentially identical !anguage.

C= Program element, the essential objectives of -

which should be adopted by the State to avoid conflicts, duplications or gaps. The manner in which the essential objectives are addressed need not be the same as NRC provided the essential objectives are met.

D= Not required for purposes of compatibility; ,

however, if adopted by the State, should be compatible with NRC.

NRC = Not required for purposes of compatibility; the regulatory area is reserved to NRC. However, a State may adopt these provisions for purposes of clarity and communication, as long as the State does not adopt regulations or program elements that would cause the State to regulate in these areas.

H&S = Program elements identified as H&S are not required for purposes of compatibility; however, they do have particular health and safety significance. The State should adopt the essential objectives of such program elements in order to maintain an adequate program.

Enclosure 2

. -. -- - -. .- .--. - . - _. - ~ .- - - - ... .- - ..- _ .-.._~ -. . - - . - ~ .

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i NRC Comments on the lilinois Administrative Code Title 32: Energy Chapter ll:

Department of Nuclear Safety Subchapter b: Radiation Protection Parts 310 and 340, Regulations Required Required for Compatibility or Health and Safety j State NRC Division (New Cateaorv) Reoulation Raoulation Subiect and Comments 1 (A) Omitted 20.1003 The definition of " Generally Applicable Environmental Radiation Standards" was omitted from the Illinois 10 CFR Part 20-equivalent regulations. The term is used in Part 340.1230 " Reports of Exposures, Radiation Levels and Concentrations of Radioactive Material Exceeding the Limits."

' 1 (A) 340.30 20.1003 The definition of " declared pregnant woman" is a compatibility Category A. The  ;

lllinois equivalent definition i contains provisions allowing a woman to declare her pregnancy but not provide an estimated date of conception.

1 (A) 340.280 20.1208 The section " dose to an  !

embryo / fetus" is a compatibility Category A and is associated with the definition of " declared pregnant woman" discussed above. The Illinois equivalent regulation describes methods for dealing with situations when a woman withholds the estimated date of conception.

Enclosure 3

Thomas Ortciger _

a ally binding requirements other than regulations. This methodology may be appropriate to r olve compatibility issues raised with lilinois' regulations.

Finally, a lementation procedures for the new policy statement provide guidance that indicates A eement State rules should conform with the new policy not later than 3 years after the polic 's effective date, if our comments ne d clarification, please contact me at (301) 415-2326 or Jim Lynch, Regional State Agreehents Officer, at (630) 829-9661.

Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs

Enclosures:

As stated cc: Paul Eastvold, IDNS Steve Collins, IDNS l

Distribution:

DIR RF DCD (SPO7)

SDroggitis PDR (YES v' NO )

KNSchneider J

lilinois File DOCUMENT NAME: G:\ CHM \PART20\lLREVIEW.20 *See Previous Concurrence.

Ta receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure 'E' = Copy with attaahment/ enclosure *N* = No copy OFFICE REG lli l OSP l OSP:DD l OGC OSP:y'f f NAME JLynch:nb:kk CMappjn g PHLohaus FCameron RLBanga%"

DATE 05/21/97* 42E;/9

  • 05/29/97* 06/04/97* 07/n 7 /97 !

b 07/02/97* I L

07/08/97* 1 OSP FILE CODE: SP-AG-8 )

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. _ . _ . . _ _ . . . _ _ _.m._ __._.m . - ___ . _ . .

Mr. T. Ortcigsr .

State Programs, implementing procedures for this new policy tatement indicate that incompatible Agreement State rules should conform with the ew policy not later than three years after the policy's effective date.

Please note that under the compatibility categories for the ew adequacy and compatibility policy statement, all three of the provisions are identified s compatibility category A.

Category A means that a State should adopt the require ents using essentially identical language. As you may be aware, Agreement States hav flexibility to adopt rules required for compatibility in the form of legally binding requirem nts other than regulations. This methodology may be appropriate to resolve the compa ibility issues raised with Illinois' regulations.

If our comments need clarification, please contact e at (301) 415-2326 or Jim Lynch, Regional State Agreements Officer, at (630) 829-9 61.

incerely, Paul H. Lohaus, Deputy Director Office of State Programs

Enclosures:

As stated cc: Paul Eastvold, IDNS Steve Collins, IDNS l

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Distribution: 1 DlR RF DCD (SP07)  !

SDroggitis PDR (YES V NO ) i JLynch, Rlli CHMaupin .

KNSchneider I lilinois File DOCUMENT NAME: G:\ CHM \P T20\lLREVIEW.20- *S Pr ious Concurrence , i T. .c.iv. . copy or thi. nocurn.nt. inoic.t. in t nox: C" = Copy without .tt.chment/ .c : / "E" = Copy with .it. chm.nt/.nclosur. "N" = No copy OFFICE REG lli / OSP OSP:017\gjp)ff) OGC OSP:D l JLynch:nb

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Mr. T. Ortciger /

If our comments need clarification, please contact me at (301) 4,15-2326 or Jim Lynch, Regional State Agreements Officer, at (630) 829-9661.

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Sincerely,

/

Paul,H. Lohaus, Deputy Director  !

Office of State Programs l

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Enclosures:

/ I As stated ./ l cc: Paul Eastvold, IDNS Steve Collins, IDNS /

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  • I Thomas Ortciger, dector l
i. Department of Nuclear Safety
1035 Outer Park Drive 3

Springfield, IL 62704 l

Dear Mr. Ortciger:

l

We have completed a review of the Illinois Rules,32 Ill. m. Code Parts 310 and 340, for '

compatibility with equivalent NRC regulations contained ~ the Code of Federal Reaulations.  !

1 Title 10, " Energy," Chapter I, " Nuclear Regulatory Com ission, Parts 0199. We indicated in the draft IMPEP Report, dated April 25,1997, that t IMPEP review team was not able i i

to find the Illinois regulations compatible. Two 10 CF Part 20-equivalent regulations, Part 340.30 definition of " Declared Pregnant Woman" and 40.280 " Dose to an Embryo / Fetus"

! were identified 'as compatibility issues. In addition, t s review of Illinois' 10 CFR Part 20-

equivalent regulations identified one new comment h ving compatibility significance and is i identified in the enclosure.

As you are aware, Agreement States have flexibilit to adopt rules required for 4

- compatibility in the form of legally binding require ents, as opposed to regulations. This method was used by illinois to achieve compatibi ty with the Emergency Planning and Irradiator rules. This methodology may be approl riate to resolve some of the compatibility-I issues raised during the review and in tne encio are, i

j , if our comments need clarificatice, please cont et me at (301) 415-2326 or Jim Lynch, j RSAO, at (630) 829-9661. .

2 Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated cc: Paul Eastvold, IDNS Steve Collins, IDNS Distribution:

DIR RF DCD (SP03)

SDroggitis PDR (YES v' NO )

DOCUMENT NAME: G:\ CHM \PART20\20R GS.LTR n *. . n ., en uen.m. in . wi in. 6.=: c . c y without.tt.ch $ l9 u,. e - copy witn . et,c nti.nejoiur. n - no copy OFFICE REGli k l, OS$;J, @ p0 QGC W OSP:D l NAME JLynch:nb %& CMaupin/' ~ PHLohadL FCameron RLBangart kDATE 05Q /97 05/gW97 05/C/97 OJ/ // /97 05/ /97 i O P FILE CODE: SP AG-bl WI l/d

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jputti e 21 UNITED STATES f$ j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 0001

%,4....*/ I Thomas Ortciger, Director l Department of Nuclear Safety l 1035 Outer Park Drive  ;

Springfield, IL 62704

Dear Mr. Ortciger ,

i We have completed a review of the Illinois Rules,32111. Adm. Code Parts 310 and 340, for compatibility with equivalent NRC regulations contained in the Code of Federal Reoulations.

Title 10, " Energy," Chapter I, " Nuclear Regulatory Commission, Parts 0-199. We indicated in the draft IMPEP Report, dated April 25,1997, that the IMPEP review team was not able to find the Illinois regu'ations compatible. Two 10 CFR Part 20-equivalent regulations, Part 340.30 definition of " Declared Pregnant Woman" and 340.280 " Dose to an Embryo / Fetus" were identified as compatibility issues. In addition, this review of Illinois' 10 CFR Part 20-equivalent regulations identified one new comment having compatibility significance and is identified in the enclosure. g%g As you are aware, Agreement States have flexibility to adopt rules regt ired for compatibility in the form of legally binding requirementscesmpjmigadopegulations. This O method was used by lilinois to achieve compatibility with the Emergency Planning and irradiator rules. This methodology may be appropriate to resolve some of the compatibility issues raised during the review and in the enclosure.

if our comments need clarification, please contact me at (301) 415-2326 or Jim Lynch, RSAO, at (630) 829-9661.

Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated cc: Paul Eastvold, IDNS Steve Collins, IDNS

f Thomas Ortciger, Director Department of Nuclear Safety  ;

1035 Outer Park Drive ,

Springfield, IL 62704 '

Dear Mr. Ortciger:

)

1 We have completed a review of the Illinois Rules, q2111. Adm. Code Parts 310 and 340, for compatibility with equivalent NRC regulations contpined in the Code of Federal Reaulations, Title 10, " Energy," Chapter I, " Nuclear Regulatory jCommission, Parts 0-199. We indicated in the draft IMPEP Report, dated April 25,1997, t at the IMPEP review team was not able to find the Illinois regulations compatible. Two 1 CFR Part 20-equivalent regulations, Part i 340.30 definition of " Declared Pregnant Woman" and 340.280 " Dose to an Embryo / Fetus" this review of Illinois' 10 CFR Part 20-were equivalent identified regulations as compatibility identified one new issues, comment in additiy, having compatibility significance an identified in the enclosure.

1 As you are aware, Agreement States have flexi ility to adopt rules required for I compatibility in the form of legally binding requirements, as opposed to regulations. This method was used by lilinois to achieve compat'ibility with the Emergency Planning and Irradiator rules. This methodology may be app'ropriate to resolve some of the compatibility issues raised during the review and in the enclosure.

If our comments need clarification, please co tact me at (301) 415-2326 or Jim Lynch, RSAO, at (630) 829-9661.

Sincerely, l l

l l

Paul H. Lohaus, Deputy Director  !

Office of State Programs

Enclosure:

As stated cc: Paul Eastvold, IDNS Steve Collins, IDNS Distribution:

DIR RF DCD (SP03)

SDroggitis PDR (YES v' NO )

DOCUMENT NAME: G:\ CHM \PART20\20RE .LTR To receive a copy of this document, indicato in the box: "C" = Copy ithout attachm[ng to ura "E" = Copy with attachment / enclosure "N* = No copy OGC OSP:D OFFICE REGlik , OSfll!)/ Q$PJ% l l l NAME JLynch:nb @d CMaupirF / PHLohads, FCameron RLBangart DATE 05/d[ /97 05/f/%p7 05/Cl/97 05/ /97 05/ /97 OSP FILE CODE: SP-AG-8

REVIEW OF ILLINOIS PART 20 EQUIVALENT REGULATIONS .

May 1997 EXPLANATION OF ENTRIES UNDER " Compatible"

[Y] means the definition or rule is determined to be compatible with_10 CFR Part 20 (N] means the definition or rule is determined to be NOT compatible with 10 CFR Part 20 Desianation Definition NRC Section State Section Compatible A Absorbed dose 20.1003 310.20 [Y)

A Activity 20.1003 310.20 [Y]

A Adult 20.1003 310.20 [Y]

A Airbome radioactive material 20.1003 310.20. [Y]

A Airbome radioactivity area 20.1003 310.20 [Y] 1 310.20

~

A ALARA 20.1003 [Y]

A Annual limit on intake (All) 20.1003 340.30 [Y]

A Background radiation 20.1003 310.20 [Y] 2 A Bioassay 20.1003 310.20 [Y]

A Byproduct material 20.1003 310.20 [Y]

A Class (lung class or inhalation class) 20.1003 340.30 [Y]

A Collective dose 20.1003 310.20 [Y]

A Committed dose equivalent 20.1003 310.20 [Y] #

A Committed effective dose equivalent 20.1003 310.20 [Y] #

D Controlled area 20.1003 Omitted [Y] 3 @ g A Declared pregnant woman 20.1003 340.30 [N] 4 g .

S 8

  • 5

L- ,.

~ Rule Review: Illinois Part 20 equivalent compatibility rules Desianation DefinitioA . NRC Section . State Section - Compatible A Deep dose equivalent 20.1003 310.20 [Y] #

A Derived air concentration (DAC) 20.1003 ' 340.30 [Y]

A Derived air concentration-hour (DAC-hour) 20.1003 '340.30 [Y] +

D Dose 20.1003 L 310.20 [Y)

A Dose equivalent 20.1003 310.20 l [Y] 5 #

A Dose limits { limits} 20.1003 310.20' [Y]:

D Dosimetry processor 20.1003 340.30 .[Y]

A Effective dose equivalent 20.1003 310.20 [Y] # .

A Embryo / fetus 20.1003 310.20 '[Y]:

C Entrance or access point 20.1003 310.20 [Y) +

A Exposure 20.1003  :

310.20 [Y]G A Extemal dose 29.1003 - 310.20 [Y] - l A Extremity 20.1003 . 310.20 [Y] {

A Eye dose equivalent 20.1003 ,310.20 [Y] 1 A/D* Generally applicable environmental 4 '4 7 radiation standards 20.1003' Omitted [N] 7

  • (A for states with authonty to regulate uranium mig activity, D for states wthout authorty) ,

A Gray 20.1004 310.20. [Y).

A High radiation area 20.1003 310.20- [Y] [

A . Individual 20.1003 310.20. [Y] ~ 1 A Individual monitoring 20.1003 310.20 [Y) l

~

C Individual monitoring devices 20.1003 310.20- [Y] 8 l A Intemal dose 20.1003 310.20- [Y]- i D Licensed [or registered] material 20.1003 310.20 [Y] @+ 1 B Lost or missing licensed (or registered] 4 '&

source of radiation { material} 20.1003 310.20 [Y]

A Member of the public 20.1003 310.20 [Y] 9  ;

A Minor 20.1003 310.20 [Y]

A Monitoring '20.1003 310.20 [Y]  !

A - Nonstochastic effect 20.1003 340.30 [Y)

A Occupational dose 20.1003 310.20 [Y] 10

  • 2 L i

- - _ _ _ . - - -_ . _ _ _ _ - - - _ - - . . _ _ _ _ - _ _ _ _ - _ _ . ( __ _ - _ _ _ -

Rule Review: lilinois Part 20 equivalent compatibility rules Desianation Definition NRC Section State Section Compatible D Planned special exposure 20.1003 340.30 [Y]

A Public dose 20.1003 310.20 [Y]

A Quality factor 20.1003 310.20 [Y]

D Quarter 20.1003 Omitted [Y] @

A Rad 20.1004 310.20 [Y]

A Radiation 20.1003 310.20 [Y]

A Radiation area 20.1003 310.20 [Y]

A Reference Man 20.1003 340.30 [Y]

A Rem 20.1004 310.20 [Y)

C Respiratory protective equipment { device} 20.1003 340.30 [Y]

A Restricted area 20.1003 310.20 [Y]

A Sanitary sewerage 20.1003 340.30 [Y] +

A Shallow dose equivalent 20.1003 310.20 [Y] #

A Sievert 20.1004 310.20 [Y]

D Site boundary 20.1003 Omitted [Y] @

A Source material 20.1003 310.20 [Y]

A Special nuclear material 20.1003 310.20 [Y]

A Stochastic effect 20.1003 340.30 [Y]

A Survey . 20.1003 310.20 [Y]

A Total effective dose equivalent (TEDE) 20.1003 310.20 [Y]

A Unrestricted area ~ 20.1003 310.20 [Y] 11 A Very high radiation area ~ 20.1003 340.30 [Y]

D Week 20.1003 310.20 [Y]

A Weighting factor wr 20.1003 340.30 [Y) #

A Whole body 20.1003 310.20 [Y]

A Working level (WL) 20.1003 310.20 [Y)

A Working level month (WLM) 20.1003 310.20 [Y]

A Year 20.1003 310.20 [Y] 12 3

Rule Review: Illinois Part 20 equivalent compatibility rules Div Desianatiori ~ NRC rule Rule subiect State Rule . Compatible  ;

1 A 20.1004 Units of radiation dose 310.140 [Y) #+

1 A 20.1005 Units of radioactivity 310.150.- -[Y]

t

2. D 20.1008(b - e) Implementation, general 340.40. [Y] + '

2 -D 20.1101 Radiation protection programs .340.110 [Y] +.

1 A 20.1201 ' Occupational dose limits for adults 3d0.210 [Y]

1 A. 20.1202 Requirements for summation of extemal and intemal doses 340.220 [Y] 13 '#+'

1 A- 20 1203 Determination of extemal dose from airbome radioactive 340.230 [Y] + -  ;

material ,

1 A 20.1204(except c) Determination of intemal exposure 340.240 [Y] 14 -

2 A 20.1204@ infor.1ation on intemal exposure 340.240 [Y]

1 D 20.1206 Planned special exposures 340.260 [Y] @+

1 A 20.1207 Occupational dose limits for minors 340.270 [Y] [j.

~

1 A -20.1208- Dose to an embryo #etus 340.280 [N] 15 1 -A 20.1301(a, b) Dose limits for individua! members of the public 340.310 [Y] 16+ -[

1 D 20.1302 Compliance with dose limits for individual members of 340.320 [Y] @+

the public  ;

i 2 D 20.1501(a, b) Surveys and monitoring - general ,

340.510 [Y] @ j s

4 4 l i

Rule Review: Illinois Part 20 equivalent compatibility rules Djv Desianation NRC rule Rule subiect State Rule Compatible 1 D 20.1501@ NVLAP requirement 340.510 [Y]-

2 D 20.1502 Conditions requiring individual monitoring of extemal 340.520 [Y] +

and intemal occupational dose 1 D 20.1601(a - d) Control of access to high radiation areas 340.610 [Y] 17 @+

2 D 20.1601(e) Control not required for DOT package 340.610 [Y]

2 D 20.1601(f) Control not required for hospital rooms and areas 340.610 [Y] +

1 D 20.1602 Control of access to very high radiation areas 340.620 [Y]

1 D 20.1701 Use of process or other engineering controls 340.710 [Y] +

1 D 20.1702 Use of other controls 340.720 [Y] +

1 D 20.1703 Use of individual respiratory protection equipment 340.730 [Y] +

2 D 20.1801 Security of stored sources of radiation 340.810 [Y] @+

2 D 20.1802 Control of material not in storage 340.810 [Y] @+

1 A 20.1901 Caution signs 340.910 [Y118 1 A 20.1902 Posting requirements 340.920 [Y) +

1 A 20.1904 Labeling containers 340.940 [Y] +

1 A 20.1905 Exceptions to labeling requirements 340.950 [Y] 19+

2 D 20.1906 Procedures for receiving and opening packages 340.960 [Y] @+

5

/

L Rule Review: lilinois Part 20 equivalent compatibility rules Div Desianation NRC rule Rule subiect State Rule Compatible - -

i 2 C '20.2001 Waste disposal - general requirements 340.1010 [Y] 20+

2 D 20.2002 Method for obtaining approval of proposed disposal 340.1020 [Y] +

procedures  ;

2 A - (a)(2) & (3) 20.2003 Disposal by release into sanitary sewerage 340.1030 [Y] 21+

C - (a) (4)

D - (a)(1) & (b) 2 B 20.2006 Transfer for disposal and manifests 340.1060 [Y) .;

i 1 D 20.2104(except f) Determination of prior occupational dose 340.250 [Y] @+ *

(C r state adopts pianned special exposure-)

2 C 20.2201(except c) Reports of Sto!en, Lost, or Missing Licensed or Registered 340.1210 [Y) 22 Sources'of Radiation 1 C 20.2202(except e) Notification of incidents 340.1220 [Y] 23 ,

2 C - (a), (b) 20.2203 Reports of Exposures, Radiation Levels, and Concentrations 340.1230M 27 i D - (d) of Radioactive Material Exceeding the Limits NRC-@ l 2 D 20.2204 Reports of Planned Special Exposures 340.1240 [Y] + ,

1 C 20 Appendix A Protection Factors for Respirators 340.25 [Y)  ;

1 A 20 Appendix B All's and DAC's; effluent concentrations; concentrations 340.25 [Y]

i for release to sewerage 1 A 20 Appendix C Quantities of licensed material requiring labeling 340.25 [Y] l i

6 i

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Rule Review: lilinois Part 20 equivalent compatibility rules State Rule

' NRC rule Rule subiect Compatible D_Lv Desianation 2 B 20 Appendix F LLW transfer for disposal and manifests 340.25 [Y]

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- - - - . . . - -.._....2. __. _ _ _ _ . __ ,,__. ___ . _ _ . _ _ _ _ _ _ _ _{__ _ , _ _ _ _ __

Rule Review: [ Agreement State ] Part 20 equivalent compatibility requirements Desianation Definition NRC Section State Section Compatible Becquerel 20.1005 310.20 [Y)

Curie 20.1005 310.20 -[Y]

U.S. Department of Energy { Department} 20.1003 310.20 [Y]

D_iv Desionation NRC rule Rule subject State Rule Compatible 2 -

-20.1603 Control of access to very high radiation areas - 340.630 [Y)  ;

irradiators NOTES:

General Comments  :

  1. IDNS regulations use a coding convention for superscripts "( )" and subscripts "[ }". The official version of the regulations, with the Coding Division of the Secretary of State's office, contains an explanation of the mntion. See ORNL Major Point 4.

+

@ New compatibility category D. Not a compatibility issue.

+ lilinois does not " register" radioactive materials. The omission of the term " registered" in IDNS regulations is not a compatibility concem. This issue is addressed in ORNL Major Point 1.

Specific Comments

1. Definition "Airbome radioactivity area" (Division 1)

IDNS interpretation of" operating area" is not more limiting than the NRC definition. A compatibility ruling was made in the September 7,1995 8

?

Rule Review: [ Agreement State ] Part 20 equivalent compatibility requirements letter to the State. ~!

2. Definition " Background radiation" (Division 1) ..

IDNS substitutes " radioactive materials" for " source, byproduct or special nuclear materials"'as stated in 10 CFR 20.1003. No significant difference. ,

3. Definition " Controlled area" (Division 1) t

, The State has chosen not to adopt the " controlled area" concept. This is not a compatibility issue. ' See ORNL Major Point 2. j

4. Definition " Declared pregnant woman" (Division 1) j The definition of
  • declared pregnant woman" contains a clause allowing a woman to declare her pregnancy but not provide an estimated date.

of conception."Section 340.280 describes methods for dealing with situations when a woman withholds the estimated date of conception. Both ' l the. 340.30 definition and 340.280 are compatibility Division 1 (Category A) regulations and are not compatible with NRC regulations. This  ;

compatibility concem was communicated to IDNS in the September 7,1995 letter from NRC and in the April 25,1997 draft IMPEP report.:  ;

~:

i 5. Definition " Dose equivalent" -(Division 1) . . .

~ The State adds a parenthetical example of a modifying factor "(e. g., a distribution factor for non-uniform deposition)" to the definition of dose equivalent. As modifying factors are not currently used in determining dose equivalent, the addition of the example has no effect on '

compatibility.  ;

6. Definition " Exposure" (Division 1) .

The State provides two definitions for " exposure" as does the SSR. The second definition is essentially identical to 10 CFR 20.1003, the first l-is additional non-conflicting information.

i '
7. Definition " Generally applicable environmental radiation standards"' (Division 1)

IDNS omitted the definition of " generally applicable environmental radiation standards." The term is used in 340.1230. This is a compatibility i Division 1 (Category A) regulation. j

8. Definition
  • Individual monitoring devices" (Division 1)

The State adds electronic dosimeters to the definition of" individual monitoring devices." This addition does not cause conflicts or gaps and - i is considered compatible.

9. Definition " Member of the public" (Division 1) .

lDNS defines

  • member of the public" to exclude an individual who is performing duties for the licensee or reaistrant. This definition is consistent '

9

.[

_ . . . - _ . _ _ . . _ - - . - - . _ . - . . . - _ _ w .- --..-_.2.u---_. - . . - .. - . . . . . . _ - . _ _ . _ _ _ - . - - - . _ _ - - _ - . _ _ - - - - _ _ _ _ _ _ _ _ _ _ - - _ - _ _ - _ . - _ _ _ - _ - _ . - . _ _ - - _ _

)

~

Rule Review: [ Agreement State ] Part 20 equivalent compatibility requirements -

with the December 1995 SSR (see " occupational dose" definition below) and is therefore compatible with 10 CFR 20.1003. -

10.' Definition " Occupational dose" (Division 1) . _

. IDNS omitted the phrase."in a restricted area or" from the definition. NRC modified the definition in 10 CFR 20.1003 in 1995 to remove the "in a restricted or" clause and therefore this portion of the IDNS definition is compatible with NRC regulations. The ORNL~ review of this . - ,

definition also identified a difference with the SSR where IDNS limited the definition to include only individuals performing duties for the licensee .

or reoistrant. This modified definition is consistent with the December 1995 SSR (Part A) definition of " occupational dose" and is therefore compatible with NRC regulations. .

i

11. Definition " Unrestricted area" (Division 1): .

IDNS clarifies the " unrestricted area" definition to specify that the area is controlled for purposes of Drotection of individuals from exDosure to radiation and radioactive material. and any area used for residential cuarters. No conflict or gap is created by this clarification and this definition '

is considered compatible. -

i

12. Definition " Year" (Division 1) .

The 10 CFR 20.1003 definition of " year" allows a licensee to change the starting date of the year used to determine compliance provided that the change is made at the beginning of the year. lDNS allows a change in the year provided that the decision to make the change is made before the end of the previous year. The change is insignificant and is considered compatible.

i 13. 340.220 " Compliance with requirements for summation of extemal and intemal doses" (Division 1) i 340.220 is inconsistent with the SSR regarding notation of committed dose. equivalent but is the same as 10 CFR 20.1202 and is therefore - ,

compatible.

14. 340.240 " Determination of intemal exposure" . (Division 1). .

NRC's regulation comment letter dated August 12,1993, discussed IDNS' use of the term "during normal conditions of operations" in 340.240.

IDNS responded in a letter dated October 12,' 1993, that the word " normal" was deleted from the final version of the rules. This addition of 1 the term "during the conditions of operations", with " normal" eliminated, does not change the meaning of the rule and is compatible with 10 CFR 1204. The addition of the term "after exposure to materials that could result in an intake"is an insignificant clarification which does not create j a conflict or gap and is therefore compatible.

15. 340.280 " Dose to an embryo / fetus" (Division 1) .

The definition of " declared pregnant woman" contains a clause allowing a woman to declare her pregnancy but not provide an estimated date ,

of conception. Section 340.280 describes methods for dealing with situations when a woman withholds the estimated date of conception. Both  !

the 340.30 definition and 340.280 are compatibility Division 1 (Category A) regulations and are not compatible with NRC regulations. This 10- ,

t i

f f

I

-- . - , . .- - - . ~.- -. .. -.. . - ..,_.. - - - . - . . - ~ . . .. ,. - . . . .- .,

1 a

i i

Rule Review: { Agreement State ] Part 20 equivalent compatibility requirements  :

compatibility concem was communicated to IDNS in the September 7,1995 letter from NRC and in the April 25,1997 draft IMPEP report.' -

16. 340.310 " Dose limits for individual members of the public" (Division 1) .

NRC's regulation comment letter dated August 12,1993, discussed IDNS' grandfathering of current facilities to the 0.5 rem total effective dose equivalent. IDNS modified 340.310 in 1994 to remove the grandfathering clause and is now compatible with .10 CFR 20.1301. Exclusion of l radiation machines (State jurisdiction) from the limit does not affect compatibility with NRC regulations. _

i

17. 340.610 " Control of access to high radiation areas" (Division 1) .

Discussing attemative methods for controlling access to high radiation areas, IDNS substitutes the term "to enable action to be taken to prevent" -

rather than NRC's "that is capable of preventing." The IDNS rule clarifies that it is not the additional surveillance that stops someone from

. entering a high radiation area but the follow-up actions which are initiated upon detection of someone attempting to enter the area. This rule .

is compatible with 10 CFR 20.1601.  ;

18. 340.910 " Caution signs" - (Division 1) .

t IDNS omined two paragraphs describing coloration of the three-bladed radiation symbol. 340.910 states, however, "shall use the colors magenta, or purple, or black on yellow background. This description of the required colors is adequate. The IDNS regulation also differs from, d 10 CFR 20.1901 in the Additional Information on Sions and Labels section. The NRC regulation states " .the licensee shall provide, on or near -

the required signs and labels, additional information, as appropriate..." The IDNS regulation uses the word may instead of the word shall. ' As the additional information is not required to be provided, the use of "may" instead of "shall" is appropriate and compatible.

19. 340.950 " Exceptions to labeling requirements" (Division 1) [

IDNS, by law, cannot include requirements referenced in non-specific documents such as 10 CFR or 49 CFR. If another document is referenced, it must be specifically identified with the applicable date. Referenced dates are modified in the IDNS regulations as significant changes are made to the Federal agency regulations. The regulations are essentially the same and are deemed compatible 3

- 20. 340.1010 " Waste disposal-General requirements" '(Division 2)  !

This issue was addressed by IDNS in the October 12,1993, letter to NRC. IDNS prefers to evaluate each decay-in-storage request and grant authorization by license condition. This approach meets the objective of 10 CFR 20.2001. [

i

21. 340.1030 " Disposal by release into sanitary sewerage" (Division 2)  ;

Since lilinois does not have registered or "other" radioactive material (it is all licensed), the omission of these terms allows this regulation to i i remain compatible with 10 CFR 20.2003.

22. 340.1210 " Reports of stolen, lost er missing sources of radiation" (Division 2) [

i

.h 11 .

l

Rule Review: [ Agreement State ] Part 20 equivalent compatibility requirements 340.1210 omits the requirement to identify a radiation machine's " maximum energy of radiation emitted" if that machine is lost or stolen.

Radiation machines are beyond the scope of NRC regulations. This regulation meets the objective of 10 CFR 20.2201.

23. 340.1220 " Notification of incidents" (Division 1)

Consistent with the SSR, IDNS adds a requirement for incident reporting for a total organ dose equivalent" in addition to the incidents reportable under 10 CFR 20.2202. Its meaning is the same as the reportable quantity specified in 10 CFR 20.2106(a)(6). 340.1220 meets the objective of the NRC regulation. (See NRC Regulatory Guide 8.7, Rev.1,1992).

24. 340.1230 "Reperts of exposures, radiation levels and concentrations of radioactive material exceeding the limits" (Division 2)

IDNS, by law, cannot include requirements referenced in non-specific documents such as 40 CFR. If another document is referenced, it must be specifically identified with the applicable date. Referenced dates are modified in the IDNS regulations as significant changes are made to the Federal agency regulations. The regulations are essentially the same and are deemed compatible.

12

____ - _ _ _ __ _____ .-_ _ _ - ~

REVIEW OF ILLINOIS PART 20 EQUIVALENT REGULATIONS i

May 1997  !

EXPLANATION OF ENTRIES UNDER " Compatible"

[Y] means the definition or rule is determined to be compatible with 10 CFR Part 20 '-

[N] means the definition or rule is determined to be NOT compatible with 10 CFR Part 20 c i

Desianation Definition NRC Section State Section Compatible A Absorbed dose 20.1005 310.20 [Y] i A Activity 20.1003 310.20 [Y]

A Adult 20.1003 310.20 [Y]

A Airbome radioactive material 20.1003 310.20 [Y] >

A Airbome radioactivity area 20.1003 310.20 [Y] 1 A ALARA 20.1003 310.20 [Y)

A Annual limit on intake (ALI) 20.1003 340.30 [Y]

A Background radiation 20.1003 310.20 [Y] 2 A Bioassay 20.1003 310.20 [Y]

A Byproduct material 20.1003 310.20 [Y]  ;

A Class (lung class or inhalation class) 20.1003 340.30 [Y]

i A Collective dose 20.1003 310.20 [Y]

A Committed dose equivalent 20.1003 310.20 [Y] # t A Committed effective dose equivalent 20.1003 310.20 [Y] # -

D Controlled area 20.1003 Omitted [Y] 3 @

A Declared pregnant woman 20.1003 340.30 [N] 4 I

~!

Rule Reviewt lilinois Part 20 equivalent compatibility rules Desianation Definition - NRC Sechon - State Sechon Compatible A Deep dose equivalent  : 20.1003 310.20 [Y] #

A Derived air concentration (DAC) 20.1003 340.30 - [Y]

A Derived air concentration-hour (DAC-hour) . 20.1003 340.30- [Y] +

D Dose 20.1003 310.20 [Y]-

A Dose equivalent 20.1003 310.20 [Y] 5 #

A Dose limits { limits} 20.1003 310.20 [Y]-

D Dosimetry processor 20.1003 - 340.30 [Y]

A Effective dose equivalent 20.1003 310.20 [Y] #

A Embryo / fetus 20.1003 310.20 [Y]

C Entrance or access point - 20.1003 310.20 [Y] +

A - Exposure 20.1003 310.20 [Y] 6 A Extemal dose 20.1003 310.20 [Y]

A Extremity 20.1003. 310.20 [Y]

A Eye dose equivalent 20.1003 310.20 [Y]-

A/D* Generally applicable environmental 4 4 radiation standards 20.1003. Omitted [N] 7

  • (A for states we authonty to nguiste uranium mE adwity. D for states without authorty)

A Gray _ .

20.1004 310.20 [Y].

A . High radiation area 20.1003 310.20 [Y]

A Individual. 20.1003 310.20 [Y]

A Individual monitoring 20.1003 310.20 [Y]

C Individual monitoring devices - 20.1003 310.20 [Y] 8 A Intemal dose 20.1003 310.20 [Y]

D Licensed [or registered] material 20.1003 310.20 [Y] @+

B Lost or missing licensed [or registered] 4 4 <

source of radiation (material} 20.1003 310.20 [Y]

A Member of the public 20.1003 310.20 [Y] 9

A Minor 20.1003 - 310.20 [Y]

A Monitoring 20.1003 310.20 [Y]

A Nonstochastic effect 20.1003 - 340.30 [Y]

A Occupational dose . 20.1003 ' 310.20. - [Y) 10 2

5

_ _. - - _..____m --

_ - _ _ _ _ . _ . _ _ .______.________1_m_

_ _ _ _ . _ _...._____.______._m__- --- w

Rule Review: lilinois Part 20 equivalent compatibility rules Desianation ' Definition NRC Section State Section Compatible '

D Planned special exposure 20.1003- 340.30 [Y]

A Public dose 20.1003 310.20 [Y]  ;

A Quality factor 20.1003 310.20 [Y]

D Quarter 20.1003 Omitted [Y] @ ^

A Rad 20.1004 310.20 [Y]

A Radiation 20.1003 310.20 [Y] ,

A Radiation area 20.1003 310.20 [Y] .t A Reference Man 20.1003 340.30 [Y]

A Rem 20.1004 310.20 [Y]

C Respiratory protective equipment { device} 20.1003 340.30 [Y] ,

A Restricted area 20.1003 310.20 [Y] ,

A Sanitary sewerage 20.1003 340.30 [Y] +

A Shallow dose equivalent 20.1003 310.20 [Y] #

  • A Sievert 20.1004 310.20 [Y);

D Site boundary 20.1003 Omitted -[Y] @ '.

A Source material 20.1003 310.20 [Y]

A Special nuclear material 20.1003 310.20 [Y]

A Stochastic effect 20.10G3 340.30 [Y]  !

A Survey -

. 20.1003 310.20 [Y)

A Total effective dose equivalent (TEDE) 20.1003 310.20 [Y]

A Unrestricted area 20.1003 310.20 [Y] 11 -;

A Very high radiation area -20.1003 340.30 [Y] 't

.D Week 20.1003 310.20 [Y]  ;

A Weighting factor wr 20.1003 340.30 [Y] #

A Whole body 20.1003 310.20 [Y]

A Working level (WL) 20.1003 310.20 [Y]  ;

A Working level month (WLM) 20.1003 310.20 [Y] i A Year 20.1003 310.20 [Y] 12 3 ,

i P

.i

- Rule Review: lilinois Part 20 equivalent compatibility rules ,

@ Desionation NRO rule Rule subiect State Rule Compatible -

1 A .20.1004 Units of radiation dose -310.140 [Y] #+ .

1 .A 20.1005 IJnits of radioactivity 310.150 [Y]. [

2- D 20.1008(b - e)- Implementation, general 340.40 [Y] +

2 D 20.1101 Radiation protection programs 340.110 *

[Y] +

1 A 20.1201 Occupational dose limits for adults 340.210 [Y) 1 A 20.1202 Requirements for summation of extemal and intemal doses -340.220 [Y) 13 #+

1 A 20.1203 Determination of extemal dose from airbome radioactive 340.230 [Y] +

material ,

1 A 20.1204(except c) . Determination of intemal exposure 340.240 [Y] 14+

2 A 20.1204C Information on intemal exposure 340.240- [Y] ,

1 1 D 20.1206 Planned special exposures 340.260 [Y] @+

1 A 20.1207 Occupational dose limits for minors 340.270 [Y]

1 A 20.1208 Dose to an embryo / fetus 340.280 ~ [N] 15 t i 1 A 20.1301(a, b) Dose limits for individual members of the public 340.310 [Y] 16+

1 D 20.1302 Compliance with dose limits for individual members of 340.320 [Y] @+ ,

the public l i

2 D 20.1501(a, b) Surveys and monitoring - general 340.510 [Y] @ -

4 i

_ _. . _ . _ . _ _ . _ - . - _ . _ _ . _ . _ . . . - _ - . . - . . , . _ . ~ _ _ . . . _ . . . . . - _ _ _ . . . . . . _ . _ . _ .

Rule Review: lilinois Part 20 equivalent compatibility rules-Div Desianation NRC rule - Rule subiect State Itu_le' Compathie .

1- D- 20.15010 NVLAP requirement 340.510 [Y]

2 D '20.1502 Conditions requiring individual monitoring of extemal 340.520 [Y] + l and intemal occupational dose 1 D 20.1601(a - d) Control of access to high radiation areas 340.610 [Y] 17 @+

.2 D 20.1601(e) Control not required for DOT package 340.610 [Y]

i 2 D 20.1601(f) Control not required for hospital rooms and areas 340.610 . [Y) +  !

1 D 20.1602 Control of access to very high radiation areas. 340.620 [Y]

t 1 D 20.1701. Use of process or other engineering controls 340.710 . [Y] +

9 D 20.1702 Use of other controls 340.720 [Y] + j l

1 D 20.1703 Use of individual respiratory protechon equipment 340.730 [Y] + !I 2 D 20.1801 Security of stored sources of radiation 340.810' [Y] @+ j I

2 D 20.1802 Control of material not in storage -340.810 [Y] @+ ,

i 1 A 20.1901 Caubon signs 340.910 . [Y) 18 1 A '20.1902- Posting requirements 340.920 [Y] +

1 A 20.1904 Labeling containers 340.940 [Y] + f f

1 A 20.1905 Exceptions to labeling requirements 340.950 . [Y] 19+ l 2 D 20.1906 Procedures for receiving and opening packages 340.960 [Y) @+ - .

5 .!

t i

. _ ~ . _ _ _. __ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ . _ _ - _ _ _ _ _ _ .

- . - - ~

so Rula Ravi::w: Illinois Part 20 equivalent es compatibility rul D_iv Designation NRC rule Rule subject 2 C 20.2001 State Rule 2 D Waste disposal- general requirements .Comoatible 20.2002 340.1010 Method for obtaining approval of proposed disposal [Y] 20+

procedures 2 340.1020 A - (a)(2) & (3) 20.2003 [Y] +

C - (a (4)

D - (a))(1) & (b) D5posal by release into sanitary sewerage 340.1030 2 B [Y]21+

20.2006 1 D Transfer for disposal and manifests 20.2104(except f) 340.1060

\

(C a state adopts vanned special exposure-)

Determination of prior occupational dose [Y] l 2 C 340.250 20.2201(except c) [Y] @+

1 C Sources of RadiationReports of Stolen, Lost, or Missing Licensed or Regis 340.1210 20.2202(except e) [Y] 22 2 C - (a), (b) Notification ofincidents 20.2203 D - (d) 340.1220 NRC-@ [Y] 23 of Radioactive Material Exceeding ons the LimitsReports of Expo 2 D 340.1230M 2*-

20.2204 1 C Reports of Planned Special Exposures 20 Appendix A 340.1240 1 A Protection Factors for Respirators [Y) +

20 Appendix B 340.25

[Y]

1 A for release to sewerageAll's and DAC's; s effluent 340.25 concentrations; concent 20 Appendix C [Y]

Quantities of licensed material requiring labeling 340.25

[Y) 6

Rule Review: Illinois Part 20 equivalent compatibility rules Diy Desianation NRC rule Rule subject State Rule Compatible 2 B 20 Appendix F LLW transfer for disposal and manifests 340.25 [Y]

4 9

7

_ . _ . _ _ . _ _ _ . . _ . _ . . _ .-.._____._.._._...m__ _m . _ _ _ _ . . _ _ . . .

i Rule Review: [ Agreement State ] Part 20 equivalent compatibility requirements

, i Desianation Definition NRC Section State Section Compatible 1

~

- Becquerel 20.1005 310.20 [Y]

Curie 20.1005 310.20 [Y] .

- U.S. Department of Energy { Department) 20.1003 310.20 [Y]

Div Desianation NRC rule Rule subiect State Rule Compatible 2 -

20.1603 Control of access to very high radiation areas - 340.630 [Y] j irradiators j NOTES:

General Comments i

c

^

IDNS regulations use a coding convention for superscripts "( )" and subscripts "[ ]". The official version of the regulations, with the Coding Division of the Secretary of State's office, contains an explanation of the convention. See ORNL Major Point 4.  ;

@ New compatibility category D. Not a compatibility issue. ,

+ lilinois does not " register" radioactive materials. The omission of the term " registered" in IDNS regulations is not a compatibility concem. This ~i issue is addressed in ORNL Major Point 1. j Specific Comments j

1. Definition "Airbome radioactivity area" -(Division 1)  !

IDNS interpretation of " operating area" is not more limiting than the NRC definition. A compatibility ruling was made in the September 7,1995 l

l 8 i i

r l

__. _ _ - _ - - _ - _ _ - _ - _ _ . - _ _ _ _ - _ - - - _ _ _ - _ - _ _ . _ _ _ = _ . _ - _ - - - ,,

(

l l

Rule Review: [ Agreement State ] Part 20 equivalent compatibility requirements l

letter to the State

2. Definition " Background radiation" (Division 1)

IDNS substitutes " radioactive materials" for " source, byproduct or special nuclear materials" as stated in 10 CFR 20.1003. No significant' i difference.

3. Definition " Controlled area" (Division 1)

The State has chosen not to adopt the " controlled area" concept. This is not a compatibility issue. See ORNL Major Point 2.

4. Definition " Declared pregnant woman" (Division 1)

The definition of " declared pregnant women" contains a clause allowing a woman to declare her pregnancy but not provide an estimated date of conception. Section 340.280 describes methods for dealing with situations when a woman withholds the estimated date of conception. Both the 340.30 definition and 340.280 are compatibility Division 1 (Category A) regulations and are not compatible with NRC regulations. This compatibility concem was communicated to IDNS in the' September 7,1995 letter from NRC and in the April 25,1997 draft IMPEP report.'

5. Definition " Dose equivalent"- (Division 1)

The State adds a parenthetical example of a modifying factor "(e. g., a distribution factor for non-uniform deposition)" to the definition of dose equivalent. As modifying factors are not currently used in determining dose equivalent, the addition of the example has no effect on compatibility.

6. Definition " Exposure" (Division 1)

The State provides two definitions for "expVure" as does the SSR. The second definition is essentially identical to 10 CFR 20.1003, the first is additional non-conflicting information.

' 7. Definition

  • Generally applicable environmental radiation standards" (Division 1)

IDNS omitted the definition of" generally applicable environmental radiation standards." The term is used in 340.1230. This is a compatibility Division 1 (Category A) regulation.

8. Definition
  • Individual monitoring devices" (Division 1)

The State adds electronic dosimeters to the definition of " individual monitoring devices." This addition does not cause conflicts or gaps and is considered compatible.

9. Definition " Member of the public" (Division 1) -

IDNS defines " member of the public" to exclude an individual who is performing duties for the licensee or reaistrant. This definition is consistent 9

i t

,I

_- -- __ - . - - _ _ - - - _ _ _ _ _ _ - _ _ - _ - - _ _ - - _ _ _ - _ _ _ _ _ - _ - _ _ _ _ _ _ _ _ - _ - _ _ _ - _ _ _ _ _ _ _ _ _ _ _ - . . _ _ _ =

}

l L ..

Rule Review: [ Agreement State ] Part 20 equivalent compatibility requirements l

with the December 1995 SSR (see " occupational dose

10. Definition " Occupational dose" (Division 1) l lDNS omitted the phrase "in a restricted area or" from the definition. NRC modified the definition in 10 CFR 20.1003 in 1995 to remove the i "in a restricted or" clause and therefore this portion of the IDNS definition is compatible with NRC regulations. The ORNL review of this definition also identified a difference with the SSR where IDNS limited the definition to include only individuals performing duties for the licensee or reaistrant. This modified definition is consistent with the December 1995 SSR (Part A) definition of " occupational dose" and is therefore .

compatible with NRC regulations.

11. Definition " Unrestricted area" (Division 1)

, IDNS clarifies the "unrestric+ed area' definition to specify that the area is controlled for purposes of protection of individuals from exposure to -

radiation and radioactive material. and any area used for residential cuarters. No conflict or gap is created by this clarification and this definition -

i is considered compatible. ,

12. Definitien " Year" (Division 1) _

The 10 CFR 20.1003 definition of " year" allows a licensee to change the starting date of the year used to determine comoliance provided that the change is made at the beginning of the year. IDNS allows a change in the year provided that the decision to make the change is made  !

before the end of the previous year. The change is insignificant and is considered compatible.

l 13. 340.220

  • Compliance with requirements for summation of extemal and intemal doses" (Division 1) '

i 340.220 is inconsistent with the SSR regarding notation of committed dose equivalent but is the same as 10 CFR 20.1202 and is therefore compatible.  ;

14. 340.240 " Determination of intemal exposure" (Division 1)

NRC's regulation comment letter dated August 12,1993, discussed IDNS' use of the term "during normal conditions of operations" in 340.240.

IDNS responded in a letter dated October 12,1993, that the word " normal" was deleted from the final version of the rules. This addition of  ;

the term "during the conditions of operations", with " normal' eliminated, does not change the meaning of the rule and is compatible with 10 CFR  !

1204. The addition of the term "after exposure to materials that could result in an intake" is an insignificant clarification which does not create  !

a conflict or gap and is therefore compatible.

15. 340.280 " Dose to an embryo / fetus" (Division 1)  !

The definition of " declared pregnant woman" contains a clause allowing a woman to declare her pregnancy but not provide an estimated date 1 of conception. Section 340.280 describes methods for dealing with situations when a woman withholds the estiraated date of conception. Both  !

the 340.30 definition and 340.280 are compatibility Division 1 (Category A) regulations and are not compatible with NRC regulations. This i

10

(

~

Rule Review: [ Agreement State ] Part 20 equivalent compatibility requirements compatibility concem was communicated to IDNS in the September 7,1995 letter from NRC and in the April 25,1997 draft IMPEP report. ,

16. 340.310 " Dose limits for individual members of the public" (Division 1) ,

NRC's regulation comment letter dated August 12,1993, discussed IDNS' grandfathering of current facilities to the 0.5 rem total effective dose equivalent. IDNS modified 340.310 in 1994 to remove the grandfathering clause and is now compatible with 10 CFR 20.1301. Exclusion of "

radiation machines (State jurisdiction) from the lim,t does not affect compatibility with NRC regulations.

17. 340.610 " Control of access to high radiation areas" (Division 1)

Discussing attemative methods for controlling access to high radiation areas, IDNS substitutes the term "to enable action to be taken to prevent" i rather than NRC's "that is capable of preventing." The IDNS rule clarifies that it is not the additional surveillance that stops someone from -

entering a high radiation area but the follow-up actions which are initiated upon detection of someone attempting to enter the area. This rule is compatible with 10 CFR 20.1601. ,

18. 340.910 " Caution signs" (Division 1) -

IDNS omitted two paragraphs describing coloration of the three-bladed radiation symbol.- 340.910 states, however, "shall use the colors '

magenta, or purple, or black on yellow background. This description of the required colors is adequate. The IDNS regulation also differs from 10 CFR 20.1901 in the Additional Information on Sions and Labels section. The NRC regulation states "...the licensee shall provide, on or near the required signs and labels, additional information, as appropriate..." The IDNS regulation uses the word may instead of the word shall. As ,

the additional information is not required to be provided, the use of "may" instead of "shall" is appropriate and compatible. l l

19. 340.950
  • Exceptions to labeling requirements" (Division 1)  ;

IDNS, by law, cannot include requirements referenced in non-specific documents such as 10 CFR or 49 CFR. If another document is ,

referenced, it must be specifica!!y identified with the applicable date. Referenced dates are modified in the IDNS regulations as significant changes are made to the Federal agency regulations. The regulations are essentially the same and are deemed compatib!e

! 20. 340.1010 " Waste disposal-General requirements" (Division 2) i This issue was addressed by IDNS in the October 12,1993, letter to NRC. IDNS prefers to evaluate each decay-in-storage request and grant  ;

authorization by license condition. This approach meets the objective of 10 CFR 20.2001.

21. 340.1030
  • Disposal by release into sanitary sewerage" (Division 2)

Since lilinois does not have registered or "other" radioactive material (it is all licensed), the omission of these terms allows this regulation to remain compatible with 10 CFR 20.2003.  ;

22. 340.1210 " Reports of stolen, lost or missing sources of radiation" (Division 2) 11

t Rule Review: [ Agreement State ] Part 2v equivalent compatibility requirements .

340.1210 omits the requirement to identify a radiation machine's " maximum energy of radiation emitted

  • if that machine is lost or stolen.
  • Radiation machines are beyond the scope of NRC regulations. This regulation meets the obgective of 10 CFR 20.2201. ,

t

23. 340.1220 " Notification of incidents" (Division 1) -

Consistent with the SSR, IDNS adds a requirement for incident reporting for a " total organ dose equivalent

  • in additior: to the inculents  ;

reportable under 10 CFR 20.2202. Its meaning is the same as the reportable quantity specified in 10 CFR 20.2106(a)(6). 340.1220 meets the objective of the NRC regulation. (See NRC Regulatory Guide 8.7, Rev.1,1992).

24. 340.1230
  • Reports of exposures, radiation levels and concentrations of radioactive material exceeding the limits" (Division 2)

IDNS, by law, cannot include requirements referenced in non-specific documents such as 40 CFR. If another document is referenced, it must i be specifically identified with the applicable date. Referenced dates are modified in the IDNS regulations as significant changes are made  ;

to the Federal agency regulations. The regulations are essentially the same and are deemed compatible.

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