February 12, 2002

Mr. Donald A. Flater, Chief

Bureau of Radiological Health

Iowa Department of Public Health

401 SW 7th Street, Suite D

Des Moines, IA 50309

Dear Mr. Flater:

As requested, we have reviewed the proposed changes to the Iowa regulations listed in the

Iowa Public Health Department “Notice of Intended Action”, and enclosed in your letter of

December 26, 2002. The proposed changes to the Iowa regulations do not fully cover the

requirements of any single CFR amendment. Each item listed in the Notice of Intent was

reviewed against the equivalent NRC regulations in 10 CFR Parts 20, 30, 31, 32, 34, 35 and 39. 

In order to be credited for any CFR amendment listed on the State Regulation Status Data

Sheet (SRS), the State should submit regulations for review that show all of the requirements

for the particular amendment have been met. We discussed our review of the regulations with 

Charlene Craig on February 11, 2003.

As a result of our review, we have one comment and one editorial suggestion that have been

identified in the enclosures. Please note that we have 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

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 comments

and without other 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.

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 STP

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

changes and send one copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Iowa 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 John Zabko at

(301) 415-2308 or JGZ@NRC.GOV.

Sincerely,

\RA BY P. LARKINS FOR/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
February 12, 2002

Mr. Donald A. Flater, Chief

Bureau of Radiological Health

Iowa Department of Public Health

401 SW 7th Street, Suite D

Des Moines, IA 50309

Dear Mr. Flater:

As requested, we have reviewed the proposed changes to the Iowa regulations listed in the

Iowa Public Health Department “Notice of Intended Action”, and enclosed in your letter of

December 26, 2002. The proposed changes to the Iowa regulations do not fully cover the

requirements of any single CFR amendment. Each item listed in the Notice of Intent was

reviewed against the equivalent NRC regulations in 10 CFR Parts 20, 30, 31, 32, 34, 35 and 39. 

In order to be credited for any CFR amendment listed on the State Regulation Status Data

Sheet (SRS), the State should submit regulations for review that show all of the requirements

for the particular amendment have been met. We discussed our review of the regulations with 

Charlene Craig on February 11, 2003.

As a result of our review, we have one comment and one editorial suggestion that have been

identified in the enclosures. Please note that we have 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

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 comments

and without other 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.

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 STP

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

changes and send one copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Iowa 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 John Zabko at

(301) 415-2308 or JGZ@NRC.GOV.

Sincerely,

\RA BY P. LARKINS FOR/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Distribution:

DIR RF (3-24) DCD (SP07) PDR (YES)

LBolling, ASPO Iowa File Response to Incoming Document: ML03022103

DOCUMENT NAME:C:\ORPCheckout\FileNET\ML030430421.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 OGC STP

NAME JZabko STreby JPiccone

DATE 1/30/03* 2/11/03* 2/12/03*

 PKG. ML030430550 OFFICIAL RECORD COPY
COMMENTS ON PROPOSED IOWA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Section

NRC

Regulation

RATS

ID

Category Subject and Comments

ITEM # 2

Rule 641-38.2

(136 C)

Definitions

§20.1003 None C Definitions: Person

The State definition does not exclude federal agencies as

per Suggested State Regulation (SSR) Part A.2 and 10

CFR 20.1003. 

The State should model its definition on the SSR Part A

definition, which contains all of the requirements of 10

CFR 20, and avoids the editing problems of trying to

modify the Part 20 definition to fit the State’s needs. 
EDITORIAL SUGGESTIONS

1. In ITEM 56 subrule 41.2(14)(2) The State has omitted the word “breast” from the sentence

describing breast feeding mothers.
STATE REGULATION STATUS

State: Iowa[ No proposed amendments were reviewed Tracking Ticket Number: 3-24 

Date: February 12, 2003 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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

P

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

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

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

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) 1994-2Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

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

1995-1 F

P

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 

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

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML P 

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 P

PML013470

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 F Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 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

ML010750

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

P

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

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

P

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

P

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 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 P 

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 P License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial 63 FR 37059; (7/9/01) 1998-4 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

Radiographic Operations-Part 34Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 P 

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

ML022550

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

ML022550

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

ML013470PML022550

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

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

ML022550

Revision of the Skin Dose Limit - Part 20 67 FR 16298; (4/5/05) 2002-1 P

ML022550

Medical Use of Byproduct Material - Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2 P

ML022550