August 13, 2003

Mr. Roland G. Fletcher

Environmental Program Manager III

Radiological Health Program

Air and Radiation Management Administration

Maryland Department of the Environment

1800 Washington Boulevard, Suite 750

Baltimore, MD 21230-1724

Dear Mr. Fletcher:

We have reviewed the proposed changes to the Maryland regulations (Supplement 12), to the

Code of Maryland Regulations (COMAR) 26.12.01.01, for the Control of Ionizing Radiation

(1994), received by our office on July 3, 2003. Our review and comments are in response to

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

Maryland’s 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 Parts 20, 34, 35, 36 and 39 and the requirements of the five

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

Raymond Manley on August 12, 2003.

As a result of our review, we have five 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 the State believes are in error, the State

should identify the sections of their 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, but have determined that if these regulations are adopted, incorporating our

comments and without significant change, they would meet the compatibility and health and

safety categories established in the Office of State and Tribal Programs (STP) Procedure SA200.

We have also reviewed the proposed changes of Supplement 8 to the Code of Maryland

Regulations (COMAR) 26.12.01.01, for the Control of Ionizing Radiation, sent to the NRC on

July 1, 2001. Due to a clerical error, the NRC letter was not sent to you following our review. 

As a result of our review of Supplement 8, we had no comments. 

The SRS Data Sheet summarizes our knowledge of the status of other Maryland 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.
Mr. Roland G. Fletcher -2- August 13, 2003

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 Mr. Duncan

White at (610) 337-5042 or e-mail, ADW@NRC.GOV.

Sincerely,

/RA by J.M. Piccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Mr. Roland G. Fletcher -2- August 13, 2003

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 Mr. Duncan

White at (610) 337-5042 or e-mail, ADW@NRC.GOV.

Sincerely,

/RA by J.M. Piccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution:

DIR RF (3-174) DCD (SP05) PDR (YES_)

Maryland File Busilton SSalomon, ASPO

Response to Incoming Document: ML032020410

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML032250128.wpd

To receive a copy of this document, indicate in the box: “C” = Copy w/o attach/encl “E” = Copy w/ attach/encl 

“N” = No copy

OFFICE RSAO/RI STP OGC STP

NAME DWhite JZabko STreby JMPiccone

DATE 08/ 1/03* 08/4/03* 08/12/03* 08/13/03*

ML032250128 OFFICIAL RECORD COPY
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 D.101.a 20.1101(b) 1998-5 H&S Radiation Protection Programs

The State’s regulation does not meet

the essential objectives of the NRC

regulations in that they refer to

“exposures” instead of “doses”.

The State needs to change the

wording of their rule to achieve

compatibility.

2 G.58.a.2 35.641 1998-5 H&S Radiation surveys for teletherapy

facilities

The State’s regulation does not meet

the essential objectives of the NRC

regulations in that they refer to

“radiation levels” instead of “radiation

dose rates”.

The State needs to change the

wording of their regulations to achieve

compatibility.

3 G.60 35.643 1998-5 H&S Modification of teletherapy unit or

room before beginning 

a treatment program

The State’s regulation does not meet

the essential objectives of the NRC

regulations in that the State

regulation refers to 1) “an individual in

an unrestricted area” instead of an

“Individual member of the public”; and

2) “levels of radiation” instead of

“dose”.

The State needs to change the

wording of their regulations to achieve

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

4 D.3. 20.1003 1999-3 B Definitions

The State’s proposed regulations do

not include the definitions “tight-fitting

facepiece” and “user seal check (fit

check)”.

The State needs to include these

definitions to meet compatibility

5 W.501.c. 39.77 2000-1 C Notification of incidents and lost

sources; abandonment 

procedures for irretrievable

sources

The State’s regulations did not meet

the essential objectives of the 30 day

report since it omitted the information

required in 39.77(d)(9).

The State needs to include all of the

information in 39.77 to achieve

compatibility.
STATE REGULATION STATUS

State: Maryland Tracking Ticket Number: 3-174(Five amendments reviewed are identified by a  Date: August 13, 2003

t the beginning of each equivalent NRC regulation.) 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

Standards for Protection Against Radiation-Part 20 56 FR 23360; 56 FR 61352;

57 FR 38588; 57 FR 57877;58 FR 67657; 59 FR 41641;60 FR 20183; (1/1/94)

1991-3 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F Eliminating the Recordkeeping Requirements for Departures from Manufacturer’s InstructionsParts 30, 35 57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F 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 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2 Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;60 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F 

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30, 40,61, 70

61 FR 24669; (6/17/99) 1996-3 F 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 P Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 P 

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F

ML021120

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 F

ML021120

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F

ML021120

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 P Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 P 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final 

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

1995.

5. ADAMS ML Number

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 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

ML032020

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

(10/26/01)

1998-5 P

ML032020

 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 P

ML032020

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial Devices Containing 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 55524;

(2/2/03)

1999-3 P

ML032020

 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 P

ML032020

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material -Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1

Revision 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