August 28, 2003

Craig Jones, Director 

Division of Radiation Control

Department of Environmental Quality

168 North 1950 West, P.O. Box 144850

Salt Lake City, Utah 84114-4850

Dear Mr. Jones: 

We have reviewed the final revisions to the Utah Administrative Code Title R313,

“Environmental Quality, Radiation Control”, received by our office on August 5, 2003. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) regulations in 10 CFR Part 20, 30, 34, 40, 70, 150 and the requirements of the four

amendments identified in the enclosed States Regulation Status Data Sheet (SRS). We

discussed our review of the regulations with you on August 27, 2003.

As a result of our review, we have one comment. This comment does not involve any major

Health and Safety issues and can be corrected during your next regularly scheduled

amendment cycle. Please provide an amended final version of your rules showing the location

of any changes made, by the State, in response to our comment. If there are any comments

which the State believes are in error, the State should identify the section 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. We have determined that if

these regulations are adopted, incorporating our comment 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 SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Utah 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.

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 John Zabko

of my staff at (301)415-2308 or JGZ@NRC.GOV. 

Sincerely,

/RA By J.M. Piccone/

Josephine Piccone, Deputy Director

Office of State and Tribal Programs
August 28, 2003

Craig Jones, Director 

Division of Radiation Control

Department of Environmental Quality

168 North 1950 West, P.O. Box 144850

Salt Lake City, Utah 84114-4850

Dear Mr. Jones: 

We have reviewed the final revisions to the Utah Administrative Code Title R313,

“Environmental Quality, Radiation Control”, received by our office on August 5, 2003. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) regulations in 10 CFR Part 20, 30, 34, 40, 70, 150 and the requirements of the four

amendments identified in the enclosed States Regulation Status Data Sheet (SRS). We

discussed our review of the regulations with you on August 27, 2003.

As a result of our review, we have one comment. This comment does not involve any major

Health and Safety issues and can be corrected during your next regularly scheduled

amendment cycle. Please provide an amended final version of your rules showing the location

of any changes made, by the State, in response to our comment. If there are any comments

which the State believes are in error, the State should identify the section 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. We have determined that if

these regulations are adopted, incorporating our comment 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 SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Utah 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.

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 John Zabko

of my staff at (301)415-2308 or JGZ@NRC.GOV. 

Sincerely,

/RA By J.M. Piccone/

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

DIR RF [3-186 & 3-187] DCD (SP08)

LMclean RSAO PDR (YES_)

DSollenberger, ASPO

Utah File Response to incoming: ML032180130

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML032400630.wpd

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 STP STP OGC STP:DD

NAME AMcCraw JZabko STreby JPiccone

DATE 8/13/03* 8/14/03* 8/27/03* 8/28/03*

ML032400630 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON UTAH’S FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 R313-19-50 §70.50 §70.50 Cparagraphs

(a),(b),(c)

except D -

paragraph

(c)(3)

Reporting Requirements

The State has omitted the 

Requirements of

70.50(c)(1)(iii)(a)(b)

and 70.50(c)(2)(i)(ii)(iii)

The State needs to incorporate

all of the requirements of 

70.50(c)(1)(iii)(a)(b)

and 70.50(c)(2)(i)(ii)(iii)

 to achieve compatibility
STATE REGULATION STATUS

State: Utah Four amendments reviewed is identified by a  Tracking Ticket Numat the beginning of each equivalent NRC regulation Date: August 28, 2003

NRC Chronology Identification FR Notice

(Due Date for StateImplementation)

RATS ID

Proposed(P) / Fina(F)1 Rule / 

ML #4

 Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F

ML0321801

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

ML0321801

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 P Eliminating the Recordkeeping Requirements for Departures from Manufacturer’s

Instructions-Parts 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 P Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618; 1994-1 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA StandardsPart 40 59 FR 28220; (7/1/97) 1994-2 FML0231005Timeliness 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 forMedical Use-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 P Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 P 

 Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F

ML0321801

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 P 
NRC Chronology Identification FR Notice

(Due Date for StateImplementation)

RATS ID

Proposed(P) / Fina(F)1 Rule / 

ML #4

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

61 FR 24669; (6/17/99) 1996-3 F Part 30 

Resolution of Dual Regs.of Airborne Effluents of Radioactive Mats.; Clean Air Act-Part 20 61 FR 65120; (1/9/00) 1997-1 P  Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction

Within an Agreement State-Part 150

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

ML0321801

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

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F Exempt Distrib. of Radioactive Drug Containing One Microcurie of Carbon-14 Urea-Part 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 F

ML0111000

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 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 IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 P

ML0108700

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

(10/26/01)

1998-5 F

ML0135304

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

ML0135304

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

ML0231005

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to 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 F

ML0135304

Energy Compensation Sources for Well Logging and Other Regulatory 65 FR 20337; (5/17/03) 2000-1 F 
NRC Chronology Identification FR Notice

(Due Date for StateImplementation)

RATS ID

Proposed(P) / Fina(F)1 Rule / 

ML #4

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 re

3. Not required means these regulations are not required for purposes of compatibility.4. ADAMS ML Number5. The regulation package contained several regulations with earlier effective dates. The uranium milling regulations are not to be implemented u

signed and effective.

Clarifications-Part 39 ML0128500New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P Part 34

ML0108700

Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial-Parts 30, 31, and 32

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

Revision of the Skin Dose Limit-Part 20 that became effective April 5, 2002. 67 FR 16298; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2