March 12, 2002

Mr. Mike Broderick

Environmental Program Administrator

Radiation Management Section

Oklahoma Department of Environmental Quality

P. O. Box 1677

Oklahoma City, OK 73101-1677

Dear Mr. Broderick:

As requested, we have reviewed Oklahomaís proposed regulations that were provided to NRC

by your letter dated February 6, 2002. The proposed regulations are in response to the

amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. The

proposed regulations covering 10 CFR Parts 20.1003 and 20.1701 - 20.1705 (64 FR 54543 and 

64 FR 55524), 39.2, 39.15, 39.35, 39.41, 39.49, 39.53, 39.55, 39.77 (65 FR 20337), 34.47,

34.83, 36.55, 36.81, 39.65 (65 FR 63750), and a minor correction to Section 32.1, were

prepared for adoption by reference, in accordance with the Agreement that became effective on 

September 29, 2000. Under the terms of the Agreement, Oklahoma assumed regulatory

authority over 11e.(1) byproduct material, source material used to take advantage of its density

and high mass properties where the use of the specifically licensed source material is

subordinate to the primary specifically licensed use of either 11e.(1) byproduct material or

special nuclear material (SNM), and SNM in quantities not sufficient to form a critical mass. 

Oklahoma also assumed authority to regulate the disposal of low-level radioactive waste at a

land disposal site. The regulations were reviewed by comparison to the equivalent NRC

regulations in 10 CFR Parts 20, 34, 36, and 39. We also discussed our review of the

regulations with Ms. Pam Bishop of your staff on February 20, 2002.

As a result of our review, we have no comments. 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 and health and safety categories of the

equivalent NRC regulations may only be made based on a review of the final State regulation. 

However, we have determined that if your proposed regulations were adopted without

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 proposed regulations are adopted and published as final regulations,

a copy of the ìas publishedî regulations be provided to us for review. As requested in STP

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

changes and send one hard copy to STP. 

The SRS Data Sheet summarizes our knowledge of the status of other Oklahoma 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.
Mike Broderick 2 March 12, 2002

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 Patricia Larkins at

(301) 415-2309 or PML@NRC.GOV.

Sincerely,

/RA/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure:

As stated
Mike Broderick 2 March 12, 2002

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 Patricia Larkins at

(301) 415-2309 or PML@NRC.GOV.

Sincerely,

/RA/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure:

As stated

Distribution:

DIR RF (2-30) DCD (SP08) PDR (YES_)

SDroggitis

BUsilton

Oklahoma File Response to Incoming Document: ML020390195 

DOCUMENT NAME: C:\Program Files\Adobe\Acrobat 4.0\PDF Output\Oklahoma(2-30).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 PLarkins:kk JZabko STreby JPiccone 

DATE 02/21/02 02/21/02 03/11/02 03/12/02

 
STATE REGULATION STATUS

State: Oklahoma (3 amendments reviewed are identified by a  Tracking Ticket Number: 2-30

at the beginning of each equivalent NRC regulation.) Date: March 12, 2002 

NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

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

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 Eliminating 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 

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

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

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

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

(3/1/98)

1995-3 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48624; (10/20/98) 1995-7 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50247; 62 FR 28724

(4/1/99)

1996-1 

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 

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

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

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

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

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 IndustrialRadiography Operations-Parts 30, 34, 71, 150

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

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

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1

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
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

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

N means ìNo,î 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: ìFinal 

Adequacy and Compatibility of Agreement State Programs,î III.1. Time Frame for Adoption of Compatible State Regulations, p1995. 

5. ADAMS ML Number

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 Amendment-Part20

63 FR 50127; (11/20/01) 1998-6

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

ML020390195

Energy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

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

ML020390195

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

ML020390195

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

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