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:

We have reviewed the final Ohio regulations in Ohio Rule 3701: 1-46, “General Licenses and

Licenses for Manufacturing and Distribution,” which became effective on October 20, 2002,

received by this office by letter on November 13, 2002. The final regulations replaced

previously referenced NRC regulations and are also in response to the one amendment

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 31 and 32. In

addition, we reviewed our December 11, 2001 letter to you that addressed the proposed

regulations and your January 10, 2002 response to us. We discussed our review of the final

regulations with Mike Snee on December 6, 2002.

As we stated in our March 12, 2002 letter to you, we understand that you modified the

regulations to reflect that Ohio regulates the exempt distribution of only non-AEA material in the

State. You added Rule 46-13(C) which emphasizes that the transfer of byproduct material to

persons exempt from licensing must be done in accordance with an NRC license.

As a result of the NRC review, we have determined that the Ohio regulations, as adopted, meet

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

Programs (STP) Procedure SA-200. 

The SRS Data Sheet summarizes our knowledge 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 and safety

categories, or any of the NRC regulations used in the review, please contact me or Jim Lynch

at (630) 829-9661 or JLL2@NRC.GOV.

Sincerely,

/RA BY JOSEPHINE M. PICCONE

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: 

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:

We have reviewed the final Ohio regulations in Ohio Rule 3701: 1-46, “General Licenses and

Licenses for Manufacturing and Distribution,” which became effective on October 20, 2002,

received by this office by letter on November 13, 2002. The final regulations replaced

previously referenced NRC regulations and are also in response to the one amendment

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 31 and 32. In

addition, we reviewed our December 11, 2001 letter to you that addressed the proposed

regulations and your January 10, 2002 response to us. We discussed our review of the final

regulations with Mike Snee on December 6, 2002.

As we stated in our March 12, 2002 letter to you, we understand that you modified the

regulations to reflect that Ohio regulates the exempt distribution of only non-AEA material in the

State. You added Rule 46-13(C) which emphasizes that the transfer of byproduct material to

persons exempt from licensing must be done in accordance with an NRC license.

As a result of the NRC review, we have determined that the Ohio regulations, as adopted, meet

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

Programs (STP) Procedure SA-200. 

The SRS Data Sheet summarizes our knowledge 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 and safety

categories, or any of the NRC regulations used in the review, please contact me or Jim Lynch

at (630) 829-9661 or JLL2@NRC.GOV.

Sincerely,

/RA BY JOSEPHINE M. PICCONE

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: 

As stated

Distribution:

DIR RF [2-270 ] DCD (SP07) PDR (YES)

BUsilton

DSollenberger, ASP Response to Incoming Document: ML023180373

Ohio File

DOCUMENT NAME: G:\jgz\ohio\2-270.wpd *See previous concurrence.

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 RSAO STP OGC STP:DD

NAME JLLynch:kk

(via E-Mail)

 JGZabko SATreby JMPiccone

DATE 12/06/02* 12/10/02* 01/07/03* 01/09/03*

OFFICIAL RECORD COPY

ML030220061 
STATE REGULATION STATUS

 State: Ohio  One amendment reviewed is identified by a  Tracking Ticket Number: 2-270

 at the beginning of each equivalent NRC regulation. Date: January 9, 2003

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 P

ML012500056

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

ML012500056

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 P

ML020030233

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 P

ML012500056

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 28723

(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 MaterialParts 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 forIndustrial Radiography Operations-Parts 30, 34, 71, 150

62 FR 28948; (6/27/00) 1997-5 P

ML012500056

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (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

Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (4/24/05) 2002-2

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 Number5. 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 forIndustrial Radiographic Operations-Part 34

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

ML012500056

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 ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 PML012500049 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 P

ML012500056

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

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

ML030090557