January 9, 2003

Mr. Roger L. Suppes, Chief

Bureau of Radiation Protection

Ohio Department of Health

P.O. Box 118

Columbus, OH 43266-0118

Dear Mr. Suppes:

As requested, we have reviewed the final regulations in Chapters 3701:1-48, ”Radioactive

Material Standards - Industrial Radiographers,“ 3701:1-52, “Radioactive Material Standards -

Irradiators,” and 3701:1-49 “Radioactive Material Standards - Well Logging,” received by this

office on November 14, 2002. The effective date for the three final regulations is 

October 20, 2002. The final regulations will replace the referenced NRC regulations currently in

place. The final regulations are in response to the amendments identified in the enclosed State

Regulation Status (SRS) Data Sheet. The regulations were reviewed by comparison to the

equivalent NRC regulations in 10 CFR Parts 34, 36 and 39. We discussed our review of the

regulations with Mike Snee, of your staff, on January 2, 2003.

As a result of our review, we have one comment and four editorial suggestions identified in the

enclosure. These changes may be incorporated during the next scheduled State revision of

these rules. Please note that we have limited our review to regulations required for

compatibility and/or health and safety. However, we have determined that if your regulations

were adopted incorporating the comments and without other significant change, they would

meet the compatibility and health and safety categories established in Office of State and Tribal

Programs (STP) Procedure SA-200.

We request that when the comments are incorporated into your final regulations, a copy of the

“as published” regulations be provided to us for review. As requested in STP Procedure 

SA-201, Review of State Regulations (November 10, 1998), please highlight any changes and

send one copy to STP.

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

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 Web Site: http://www.hsrd.ornl.gov/nrc/rulemaking.htm

If you have any questions regarding the comments, the compatibility and health categories,

or any of the NRC regulations used in the review, please contact me or Kevin Hsueh of my staff

at (301) 415-2598 or E-mail KPH@NRC.GOV.

Sincerely,

 \RA BY JOSEPHINE M. PICCONE

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
January 9, 2003

Mr. Roger L. Suppes, Chief

Bureau of Radiation Protection, 

Ohio Department of Health

P.O. Box 118

Columbus, OH 43266-0118

Dear Mr. Suppes:

As requested, we have reviewed the final regulations in Chapters 3701:1-48, ”Radioactive

Material Standards - Industrial Radiographers,“ 3701:1-52, “Radioactive Material Standards -

Irradiators,” and 3701:1-49 “Radioactive Material Standards - Well Logging,” received by this

office on November 14, 2002. The effective date for the three final regulations is 

October 20, 2002. The final regulations will replace the referenced NRC regulations currently in

place. The final regulations are in response to the amendments identified in the enclosed State

Regulation Status (SRS) Data Sheet. The regulations were reviewed by comparison to the

equivalent NRC regulations in 10 CFR Parts 34, 36 and 39. We discussed our review of the

regulations with Mike Snee, of your staff, on January 2, 2003.

As a result of our review, we have one comment and four editorial suggestions identified in the

enclosure. These changes may be incorporated during the next scheduled State revision of

these rules. Please note that we have limited our review to regulations required for compatibility

and/or health and safety. However, we have determined that if your regulations were adopted

incorporating the comments and without other significant change, they would meet the

compatibility and health and safety categories established in Office of State and Tribal Programs

(STP) Procedure SA-200.

We request that when the comments are incorporated into your final regulations, a copy of the

“as published” regulations be provided to us for review. As requested in STP Procedure 

SA-201, Review of State Regulations (November 10, 1998), please highlight any changes and

send one copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Ohio regulations. 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 Web Site: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm

If you have any questions regarding the comments, the compatibility and health categories,

or any of the NRC regulations used in the review, please contact me or Kevin Hsueh of my staff

at (301) 415-2598 or E-mail KPH@NRC.GOV.

Sincerely,

 \RA BY JOSEPHINE M. PICCONE

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [2-274] DCD (SP07) PDR (YES_) Response to Incoming Documents: ML023250117

SSmith BUsilton DSollenberger, ASPO Ohio File

DOCUMENT NAME: G:\JGZ\Ohio\Ohiofinal(2-274).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 Khsueh* JZabko* STreby* JMPiccone*

DATE 12/18/02 12/18/02 1/02/02 1/09/02

 OFFICIAL RECORD COPY 

 

ML030060349
COMMENTS ON FINAL OHIO REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

NRC

Regulation

RATS

ID

Category Subject and Comments

1-48-01 (C) 34.3 1997-5 B Definition of “Certifying Entity”

The definition is missing a portion regarding

an Agreement State being a certifying entity.

“means an independent certifying

organization meeting the requirements in

appendix A of rule 3701:1-48-16...or an

Agreement State meeting the requirements

in appendix A, parts II and III of rule 

3701:1-48-16.

The State needs to include this part of

the definition. 
Editorial Suggestions

1. In 1-48-23(K)(3), the last sentence is the same as that in (K)(2) and should be deleted.

2. In 1-52-16(B)(6), the seismic requirements should be in 10 CFR 36.39(j) instead of 10

CFR 39.39(j).

3. In 1-48-05(E), the paragraph, “Notwithstanding paragraph (A)(1) of this rule, equipment

used in industrial radiographic operations must meet the requirements as specified in 10

C.F.R. 34.20 (e) as specified in appendix A to this rule, if...” should be changed to

“Notwithstanding paragraph (A)(1) of this rule, equipment used in industrial radiographic

operations need not comply with the requirement specified in 10 C.F.R. 34.20 (e) as

specified in appendix A to this rule, if...”

4. In 1-52-16, the State refers to an Appendix “A”. There is no appendix “A” to this section. 

There is an attached section, which is a copy of the NRC rules with highlighted sections,

but it is not labeled as Appendix “A”. It is suggested that the State edit this material to

create an appendix A that contains all of the information the State intends to use. 
STATE REGULATION STATUS

State: Ohio Tracking TickeEight amendments reviewed are identified by a  Date: January 

at the beginning of the equivalent NRC regulation.

NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #4

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

ML023250117

 ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 F

ML023250117

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 P

ML003772297ML010330197

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 P Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 30,35

57 FR 45566; (none) 1992-2 

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

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

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

ML023250117

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 EPAStandards-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 P Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 P

ML012340364

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 PML003772297

ML010330197

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

(3/1/98)

1995-3 P

ML003772297ML010330197
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #4

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

ML023250117

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

ML003772297ML010330197

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 P

ML010380259ML010870344

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts20, 30, 40, 61, 70

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

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; CleanAir Act-Part 20

61 FR 65120; (1/9/00) 1997-1 P

ML003772297ML010330197

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an 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 Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4  Licenses for Industrial Radiography and Radiation Safety Requirements for

Industrial Radiography Operations-Parts 30, 34, 71, 150

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

ML023250117

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

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14Urea-Part 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

ML010380259ML010870344

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 
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) /

Final (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 review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. ADAMS ML Number.5. Ohio became an Agreement State effective 08/31/99. The State incorporated NRC regulations by reference 10/9/98 and there

were found compatible.

6. Although these items are not required for purposes of compatibility, the State incorporated NRC regulations by reference on 10

these items.

 Licenses for Industrial Radiography and Radiation Safety Requirements for

Industrial Radiographic Operations-Part 34

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

ML023250117

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

(10/26/01)

1998-5 

Transfer for Disposal and Manifests: Minor Technical Conforming AmendmentPart 20 63 FR 50127; (11/20/01) 1998-6 PML003772297

ML010330197

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material 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 P

ML003772297ML010330197

 Energy Compensation Sources for Well Logging and Other Regulatory

Clarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F

ML023250117

 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML023250117

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material -Parts 30, 31, 32

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

ML030090557

Revision of the Skin Dose Limit -Part 20 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