DATED: JUNE 21, 1999 SIGNED BY: PAUL H. LOHAUS 

Mr. Virgil R. Autry, Director 

Division of Radioactive Waste Management 

Bureau of Land & Waste Management 

Department of Health and Environmental Control 

2600 Bull Street 

Columbia, SC 29201 

Dear Mr. Autry: 

As requested, we have reviewed the proposed revisions dated May 13, 1999, to the South 

Carolina Sections R.61-63, Radioactive Material (Title A), Part III, Standards for Protection Against 

Radiation; and Part VI, Notices, Instructions and Reports to Workers: Inspection. The proposed 

regulations were sent in a letter dated April 29, 1999. The proposed revisions are in response to 

the two amendments identified in the enclosed Regulation Assessment Tracking System (RATS) 

Data Sheet. In addition, Sections R.61-63.6.2 through 61-63.6.8 were revised to add the 

definition of worker and to clarify the South Carolina Department of Health organizational 

structure. The proposed regulations were reviewed by comparison to the equivalent NRC 

regulations in 10 CFR Parts 19 and 20. We discussed our review of the regulations with you on 

May 28, 1999. 

As a result of our review, we have identified five comments and one suggested editorial change 

(see Enclosure 1). Please note that we limited our review to regulations required for compatibility 

and/or health and safety. Under our current procedure, a finding that a State regulation meets the 

compatibility criteria of the equivalent NRC regulation may only be made based on a review of the 

final State regulation. However, we have determined that if your proposed regulations were 

adopted incorporating the enclosed comments and without other significant changes, they would 

meet the compatibility criteria contained in the OSP Procedure SA-200 (formerly B.7). 

We request that when the proposed regulations are adopted and published as final regulations, a 

copy of the “as published” regulations be provided to us for review. As requested in OSP 

Procedure SA-201, Review of State Regulations (November 10, 1998), please highlight the final 

changes and send one copy in a computer readable format, if possible. 

We have also summarized on the RATS Data Sheet our knowledge of the status of other South 

Carolina regulations. Please let us know if you note any inaccuracies or have any comments on 

the information contained in the RATS Data Sheet. 

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 Cardelia H. 

Maupin of my staff at (301) 415-2312 or you may e-mail Ms. Maupin at CHM@NRC.GOV. 

Sincerely, 

Paul H. Lohaus, Deputy Director 

Office of State Programs 

Enclosures: 

As stated 
Mr. Virgil R. Autry, Director

Division of Radioactive Waste Management

Bureau of Land & Waste Management

Department of Health and Environmental Control

2600 Bull Street

Columbia, SC 29201

Dear Mr. Autry: 

As requested, we have reviewed the proposed revisions dated May 13, 1999, to the South 

Carolina Sections R.61-63, Radioactive Material (Title A), Part III, Standards for Protection Against 

Radiation; and Part VI, Notices, Instructions and Reports to Workers: Inspection. The proposed 

regulations were sent in a letter dated April 29, 1999. The proposed revisions are in response to 

the two amendments identified in the enclosed Regulation Assessment Tracking System (RATS) 

Data Sheet. In addition, Sections R.61-63.6.2 through 61-63.6.8 were revised to add the 

definition of worker and to clarify the South Carolina Department of Health organizational 

structure. The proposed regulations were reviewed by comparison to the equivalent NRC 

regulations in 10 CFR Parts 19 and 20. We discussed our review of the regulations with you on 

May 28, 1999. 

As a result of our review, we have identified five comments and one suggested editorial change 

(see Enclosure 1). Please note that we limited our review to regulations required for compatibility 

and/or health and safety. Under our current procedure, a finding that a State regulation meets the 

compatibility criteria of the equivalent NRC regulation may only be made based on a review of the 

final State regulation. However, we have determined that if your proposed regulations were 

adopted incorporating the enclosed comments and without other significant changes, they would 

meet the compatibility criteria contained in the OSP Procedure SA-200 (formerly B.7). 

We request that when the proposed regulations are adopted and published as final regulations, a 

copy of the “as published” regulations be provided to us for review. As requested in OSP 

Procedure SA-201, Review of State Regulations (November 10, 1998), please highlight the final 

changes and send one copy in a computer readable format, if possible. 

We have also summarized on the RATS Data Sheet our knowledge of the status of other South 

Carolina regulations. Please let us know if you note any inaccuracies or have any comments on 

the information contained in the RATS Data Sheet. 

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 Cardelia H. 

Maupin of my staff at (301) 415-2312 or you may e-mail Ms. Maupin at CHM@NRC.GOV. 

Sincerely, 

Paul H. Lohaus, Deputy Director 

Office of State Programs 

Enclosures: As stated 

Distribution: 

DIR RF (9-86) South Carolina File RWoodruff, RII DCD (SP08) 

SDroggitis BUsilton PDR (YES_/__ NO___) 

DOCUMENT NAME: G:\CHM\REGSC.WPD *See previous concurrence. 

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 OSP OSP OGC OSP:DD 

NAME CMaupin:kk SSalomon STreby PHLohaus 

DATE 06/07/99* 06/07/99* 06/ /99 06/ /99 

OSP FILE CODE: SP-AG-25 
COMMENTS ON PROPOSED SOUTH CAROLINA REGULATIONS 

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES 

Category 

State 

Regulation 

NRC 

Regulation Subject and Comments 

Editorial 

Suggestion 

Part VI 

RHA 6.3.1 

Part 19 

19.11 

Notices, Instructions and Reports to Workers: 

Inspection and Investigation 

Posting of Notices to Workers 

The term “license” was omitted in paragraph (2) before 

the word phrase “license conditions.” This definition is 

designated a Compatibility Category C and the essential 

objectives should be adopted by an Agreement State. 

Part III Part 20 Standards for Protection Against Radiation 

A N/A 20.1003 Definition of Background Radiation 

The definition of “background radiation” was not included 

in the proposed revisions. This definition is designated a 

Compatibility Category A and should be adopted by an 

Agreement State in an essentially identical manner to 

that of the NRC in 10 CFR § 20.1003. 

B N/A 20.1003 Definition of Critical Group 

The definition of a “critical group” was not included in the 

proposed revisions. This definition is designated a 

Compatibility Category B and should be adopted by an 

Agreement State in an essentially identical manner to 

that of the NRC in 10 CFR § 20.1003. 

C N/A 20.1003 Definition of Decommission 

The definition of “decommission” was not included in the 

proposed revisions. This definition is designated a 

Compatibility Category C and the essential objectives 

should be adopted by an Agreement State. The essential 

objective of this definition is to establish that 

“decommission” means to remove a facility or site safely 

from service and reduce residual radioactivity to a level 

that permits release of the property for unrestricted use or 

release of the property under restricted conditions and 

termination of the license. 

ENCLOSURE 1 
B N/A 20.1003 Definition of Distinguishable from Background 

The definition of “distinguishable from background” was 

not included in the proposed revisions. This definition is 

designated a Compatibility Category B and should be 

adopted by an Agreement State in an essentially identical 

manner to that of the NRC in 10 CFR § 20.1003. 

B N/A 20.1003 Definition of Residual Radioactivity 

The definition of “residual radioactivity” was not included 

in the proposed revisions. This definition is designated a 

Compatibility Category B and should be adopted by an 

Agreement State in an essentially identical manner to that 

of the NRC in 10 CFR § 20.1003. 
REGULATION ASSESSMENT TRACKING SYSTEM 

RATS DATA SHEET 

State: South Carolina Tracking Ticket Number: 9-86 

[2 proposed amendments (May 13, 1999) identified by i] Date: June 21, 1999 

NRC Chronology Identification FR Notice RATS ID NRC 

Review 

Due 

Date 

State 

Status 

Date (Effective 

Date) 

Standards for Protection Against Radiation 56 FR 23360 1991-3 12/15/97 1/1/94 Final 

The incorporation of the comments were never plus others 3/11/98 1/1/94 

verified. 

Safety Requirements for Radiographic Equipment 55 FR 843 1991-1 6/14/95 

Review 

1/10/94 Final 

ASNT Certification of Radiographers 56 FR 11504 1991-2 none Not 

required 

Notification of Incidents 56 FR 64980 1991-4 6/14/95 

Review 

10/15/94 Final 

Quality Management Program and Misadministrations 56 FR 34104 1992-1 6/14/95 

Review 

1/27/95 Final 

Eliminating the Recordkeeping Requirements for 

Departures from Manufacturer's Instructions 

57 FR 45566 1992-2 none Not 

required 

Licensing and Radiation Safety Requirements for 

Irradiators 

58 FR 7715 1993-2 7/1/96 

Definition of Land Disposal and Waste Site QA Program 58 FR 33886 1993-3 7/22/96 

Decommissioning Recordkeeping and License 58 FR 39628 1993-1 4/3/96 10/25/96 Proposed 

Termination: Documentation Additions [Restricted areas 1/17/96 

and spill sites] 

Self-Guarantee as an Additional Financial Mechanism 58 FR 68726 

59 FR 1618 

1994-1 4/3/96 1/28/97 Proposed 

1/17/96 

Uranium Mill Tailings Regulations: Conforming NRC 

Requirements to EPA Standards 

59 FR 28220 1994-2 7/1/97 

Timeliness in Decommissioning Material Facilities 59 FR 36026 1994-3 4/3/96 8/15/97 Proposed 

1/17/96 

Preparation, Transfer for Commercial Distribution, and 59 FR 61767 1995-1 1/1/98 

Use of Byproduct Material for Medical Use 59 FR 65243 

60 FR 322 

Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment 

60 FR 7900 1995-2 3/13/98 

Low-Level Waste Shipment Manifest Information and 60 FR 15649 1995-3 4/3/96 3/1/98 Proposed 

Reporting 60 FR 25983 1/17/96 
NRC Chronology Identification FR Notice RATS ID NRC 

Review 

Date 

Due 

Date 

State 

Status 

(Effective 

Date) 

Performance Requirements for Radiography Equipment 60 FR 28323 1995-4 6/30/98 

Radiation Protection Requirements: Amended 

Definitions and Criteria 

60 FR 36038 1995-5 8/14/98 

Clarification of Decommissioning Funding Requirements 60 FR 38235 1995-6 11/24/98 

Medical Administration of Radiation and Radioactive 

Materials 

60 FR 48623 1995-7 10/20/98 

10 CFR Part 71: Compatibility with the International 

Atomic Energy Agency 

60 FR 50248 

61 FR 28724 

1996-1 4/1/99 

One Time Extension of Certain Byproduct, Source and 

Special Nuclear Materials Licenses 

61 FR 1109 1996-2 none Not 

required 

Termination or Transfer of Licensed Activities: 

Recordkeeping Requirements 

61 FR 24669 1996-3 6/17/99 

iResolution of Dual Regulation of Airborne Effluents of 

Radioactive Materials; Clean Air Act 

61 FR 65119 1997-1 6/21/99 1/9/00 Proposed 

5/13/99 

Fissile Material Shipments and Exemptions 62 FR 5907 1997-4 none Not 

required 

Recognition of Agreement State Licenses in Areas 

Under Exclusive Federal Jurisdiction Within an 

Agreement State 

62 FR 1662 1997-2 2/27/00 

Criteria for the Release of Individuals Administered 

Radioactive Material 

62 FR 4120 1997-3 5/29/00 

Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiography 

Operations 

62 FR 28948 1997-5 6/27/00 

iRadiological Criteria for License Termination 62 FR 39057 1997-6 6/21/99 8/20/00 Proposed 

5/13/99 

Exempt Distribution of a Radioactive Drug Containing 

One Microcurie of Carbon-14 Urea 

62 FR 63634 1997-7 1/2/01 

Deliberate Misconduct by Unlicensed Persons 63 FR 1890 

63 FR 13773 

1998-1 2/12/01 

Self-Guarantee of Decommissioning Funding by 

Nonprofit and Non-Bond-Issuing Licensees 

63 FR 29535 1998-2 none Not 

required 

License Term for Medical Use Licenses 63 FR 31604 1998-3 none Not 

required 
NRC Chronology Identification FR Notice RATS ID NRC 

Review 

Date 

Due 

Date 

State 

Status 

(Effective 

Date) 

Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic 

Operations 

63 FR 37059 1998-4 7/9/01 

Minor Corrections, Clarifying Changes, and a Minor 

Policy Change 

63 FR 39347 

63 FR 45393 

1998-5 10/26/01 

Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment 

63 FR 50127 1998-6 11/20/01