October 31, 2003

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:

We have reviewed the proposed changes to the Oklahoma regulations, Title 252, Chapter 252 

“Radiation Management”, received by our office on September 9, 2003. Our review and

comments are in response to the State’s request for Nuclear Regulatory Commission (NRC)

evaluation of the changes to the Oklahoma Radiation Control Rules. These regulations were

reviewed by comparison to the equivalent NRC rules in 10 CFR Parts 20 and 33 and 36. The

changes did not correlate to any specific requirements of any amendments identified in the

enclosed States Regulation Status data sheet (SRS). We discussed our review of the

regulations with Mike Broderick on October 31, 2003.

As a result of our review, we have one general comment.

1. During our phone conversation in October, it was stated that your intention was not to

submit any rule changes that pertained to compatibility areas and the changes were to

be nomenclature and editorial only. During the review however, we found some

changes in areas of compatibility. The changes to section 252:410-15-8 are an example

of an alteration to a rule section with NRC compatibility requirements. We found no

compatibility problems with any of the changed text. However, we would like to make it

clear that if it was the intention of the State to submit rule text to meet the requirements

of a specific amendment listed on the attached SRS, this rule submission is not

complete. In addition, for this submission, in the areas that were identified to be of a

compatibility nature, the review only consisted of verifying that the changed text met

compatibility and not that the entire section that encompassed the text change, met the

compatibility requirement of the equivalent CFR section. As an example for clarification,

the submitted underlined changes to section 252:410-15-8, meet the compatibility

requirements of the equivalent text in 34.47, but the State did not submit all of the

required compatibility text of this section, i.e. 34.47(g) (1-4). So this compatibility finding

does not imply that the State’s section on radiographic personal dosimetry is compatible. 

Additionally, if the State submitted these changes to establish that their entire

radiography section is compatible, we can not make this determination with the rule text

submitted. 
Mike Broderick -2- October 31, 2003

Please provide a final amended version of your rules showing the location of any changes

made in response to our comments. 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, but have determined that if these regulations are

adopted, incorporating our comments 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 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.

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 of my staff

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

Sincerely,

\RA By KX Schneider for\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated 
Mke Broderick -2- October 31, 2003

Please provide a final amended version of your rules showing the location of any changes

made in response to our comments. 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, but have determined that if these regulations are

adopted, incorporating our comments 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 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.

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 of my staff

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

Sincerely,

\RA By KX Schneider for\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated

Distribution:

DIR RF (3-220 ) DCD (SP08) PDR (YES_)

R. Blanton ASPO L. McLean 

BUsilton Oklahoma File Response to Incoming Document: ML032530304 

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML033040428.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:DD

NAME JZabko* STreby* KSchneider for JPiccone* 

DATE 10/20/02* 10/30/03* 10/31/03*

 ML033040428 OFFICIAL RECORD COPY 
STATE REGULATION STATUS

State: Oklahoma Tracking Ticket Nu(No amendments reviewed) Date: October 31

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’s

Instructions-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 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 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

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

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

(10/26/01)

1998-5
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 “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

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 Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 PML020390195 

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

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