October 15, 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 proposed changes to the Utah Administrative Code Title R313,

“Environmental Quality, Radiation Control”, received by our office on October 2, 2003. In

addition, we reviewed your responses to our letter, dated August 28, 2003, which contained our

comments on a previous version of these rules. In this submission, we did not receive Utah’s

proposed changes to regulations equivalent to 10 CFR Parts 30.31 and 30.34, as required by

amendment RATS ID # 2001-1. We were able to review Utah’s current equivalent rules

(available at http://www.rules.utah.gov/publicat/code/r313/r313.htm ) and found them to be

compatible to the NRC for these missing sections. Our review and comments are in response

to the State’s request for Nuclear Regulatory Commission (NRC) evaluation of the changes to

Utah’s radiation control rules that incorporated the amendments identified on the States

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

equivalent NRC rules in 10 CFR Parts 30, 31 and 32 and the requirements of the amendment

identified in the enclosed SRS. We discussed our review of the regulations with Philip Griffin

on October 15, 2003.

As a result of our review, we have no comments and two editorial suggestions. 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 these regulations

are adopted 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. 

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the “as published” regulations be provided to the NRC for review.

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 for KSchneider for JMPiccone/

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
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 proposed changes to the Utah Administrative Code Title R313,

“Environmental Quality, Radiation Control”, received by our office on October 2, 2003. In

addition, we reviewed your responses to our letter, dated August 28, 2003, which contained our

comments on a previous version of these rules. In this submission, we did not receive Utah’s

proposed changes to regulations equivalent to 10 CFR Parts 30.31 and 30.34, as required by

amendment RATS ID # 2001-1. We were able to review Utah’s current equivalent rules

(available at http://www.rules.utah.gov/publicat/code/r313/r313.htm ) and found them to be

compatible to the NRC for these missing sections. Our review and comments are in response

to the State’s request for Nuclear Regulatory Commission (NRC) evaluation of the changes to

Utah’s radiation control rules that incorporated the amendments identified on the States

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

equivalent NRC rules in 10 CFR Parts 30, 31 and 32 and the requirements of the amendment

identified in the enclosed SRS. We discussed our review of the regulations with Philip Griffin

on October 15, 2003.

As a result of our review, we have no comments and two editorial suggestions. 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 these regulations

are adopted 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. 

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the “as published” regulations be provided to the NRC for review.

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 for KSchneider for JMPiccone/

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

DIR RF 3-226 DCD (SP08) LMclean RSAO Utah File

PDR (YES_) DSollenberger, ASPO Response to incoming: ML032751628

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML032930349.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 McCraw JZabko STreby K Schneider for

JPiccone

DATE 10/7/03* 10/8/03* 10/09/03* 10/15/03*

 * see previous concurrence OFFICIAL RECORD COPY M032930349
EDITORIAL SUGGESTIONS

1. In R313-21-22 (4)(c)(xiii.)(B.), the State omitted the first “e” in Executive Secretary. 

2. In R313-22-75 (4)(d)(ii)(A.), the State has referenced 10 CFR 20.2002 instead of 10 CFR

20.2202 as found in the NRC’s equivalent regulation.
STATE REGULATION STATUS

State: Utah One amendment reviewed is identified by a  Tracking Ticket Number: 3-

at the beginning of each equivalent NRC regulation Date:10/15/03

NRC Chronology Identification FR Notice

(Due Date for StateImplementation)

RATS ID

Proposed / Final (F)1

Rule / ML 

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 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 
NRC Chronology Identification FR Notice

(Due Date for StateImplementation)

RATS ID

Proposed / Final (F)1

Rule / ML 

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 JurisdictionWithin 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 / Final (F)1

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 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 P

ML0327516

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