ILLINOIS REGISTER 4299
09
ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF ADOPTED AMENDMENTS
In Section 331.110(d), in the 2nd Agency Note, added "agencies" and struck
"departments".
In Section 331.310, in the header, struck ", Registrant".
12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the
agreement letter issued by JCAR? Yes
13) Will this rulemaking replace any emergency rulemaking currently in effect? No
14) Are there any amendments pending on this Part? No
15) Summary and Purpose of Amendments: This rulemaking changes all references to
"Department" or the "Illinois Department of Nuclear Safety" to "Agency" or "Illinois
Emergency Management Agency" pursuant to Executive Order #12, effective July 1,
2003. The Agency no longer has the funding level necessary to monitor and inspect
radioactive materials in the State. The radioactive materials fees have a significant
shortfall: funding only an estimated 60% of their mandated duties and producing a
shortfall of approximately $1million per year. On June 1, 1987, the State of Illinois
signed an "Agreement" with the U.S. Nuclear Regulatory Commission (NRC) whereby
Illinois assumed regulatory control of radioactive materials within the State that had
previously been regulated by the NRC. Illinois, designated as an "Agreement State",
administers the program at the State level. As an Agreement State, IEMA/DNS protects
the health and safety of Illinois citizens through regulation of individuals, companies, and
other organizations that use radioactive materials. The Agency classifies approximately
740 specific radioactive materials licenses into almost 50 categories, including materials
used in medical diagnosis and treatment; portable gauges used in road construction and
lead paint analysis; and other materials used in research, education, industrial, and
commercial applications. Although the Agency charges fees in order to cover its cost of
licensing and inspecting each of these licensees, the current fee structure has not been
increased in 7 years and doesn't cover the costs of operating this program. As noted
above, current fees cover only 60% of the operating costs. Because of this, the Agency is
adopting a fee increase through the rulemaking process. The new fee structure will be
based on increasing revenues to obtain 100% recovery of expenditures. The fees should
be compared to those charged by the U.S. Nuclear Regulatory Commission (NRC) since
Illinois is an Agreement State and the Illinois licensees would be subject to the higher
NRC fees if Illinois were not an Agreement State. The new fees constitute a significant
increase over the existing fees; however, they will still be generally below those charged
to NRC licensees under 10 CFR 170 and 171.
