March 11, 2004

Mr. Terry C. Frazee

Western Regional Director

Division of Radiation Protection

Washington Department of Health

7171 Clearwater Lane, Bldg. 5

P.O. Box 47827

Olympia, WA 98504-7827

Dear Mr. Frazee: 

We have reviewed the proposed changes to the Washington Administrative Code (WAC),

Chapter 246, “Radiation Protection”, received by our office on February 9, 2004, Our review

and comments are in response to the State’s request for Nuclear Regulatory Commission

(NRC) evaluation of the changes to Washington’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 you on March 11, 2004.

As a result of our review, we have four comments and two editorial suggestions. Please

provide an amended final version of your rules showing the location of any changes made, by

the State, in response to our comments. If there are any comments which Washington 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. We 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 Washington 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 Osiris

Siurano of my staff at (301) 415-2307 or OSP@NRC.GOV. 

Sincerely,

/RA By K.N. Schneider For/ 

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
March 11, 2004

Mr. Terry C. Frazee

Western Regional Director

Division of Radiation Protection

Washington Department of Health

7171 Clearwater Lane, Bldg. 5

P.O. Box 47827

Olympia, WA 98504-7827

Dear Mr. Frazee: 

We have reviewed the proposed changes to the Washington Administrative Code (WAC),

Chapter 246, “Radiation Protection”, received by our office on February 9, 2004, Our review

and comments are in response to the State’s request for Nuclear Regulatory Commission

(NRC) evaluation of the changes to Washington’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 you on March 11, 2004.

As a result of our review, we have four comments and two editorial suggestions. Please

provide an amended final version of your rules showing the location of any changes made, by

the State, in response to our comments. If there are any comments which Washinton 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. We 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 Washington 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 Osiris

Siurano of my staff at (301) 415-2307 or OSP@NRC.GOV. 

Sincerely,

/RA By K.N. Schneider For/ 

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated 

Distribution:

DIR RF [4-27] DCD (SP07) PDR (YES_)

O Siurano, ASPO Washington File Response to Incoming Document:

ML003696531

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML040710270.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 OSiurano JZabko STreby JPiccone

DATE 2/26/04* 2/26/04* 3/10/04* 3/11/04*

ML040710270 OFFICIAL RECORD COPY
Editorial Suggestions

1. WAC 246-232-020-(k)(i) states: “... in accordance with k(i) and (k)(iii).” It should read:

“...in accordance with (k)(ii) and (k)(iii).”

2. WAC 246-233-020(k)(ii) states at the end: “...is subject to the bankruptcy notification

requirement in WAC 246-232-050.” The State regulation equivalent to 10 CFR 30.34(h)

should be WAC 246-232-050(5). 
COMPATIBILITY COMMENTS ON WASHINGTON PROPOSED REGULATIONS (cont.)

COMPATIBILITY COMMENTS ON WASHINGTON PROPOSED REGULATIONS

STATE SECTION NRC

SECTION

RATS

ID

CATEGORY SUBJECT and COMMENTS

1 246-233-020(h)(i) 31.5(c)(9)(i) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

The State doesn’t have a specific

section equivalent to 10 CFR 30.51.

Equivalent State provisions are

spread under other sections of the

State code. However, an equivalent

provision for 10 CFR 30.51(e) was

not found [this section requires that

“each licensee authorized to possess

radioactive material, with a half life

greater than 120 days, in an unsealed

form, shall transfer the following

records to the new licensee and...”].

The State needs to include this

requirement to meet Category B

compatibility which requires

essentially identical language.

2 246-233-

020(3)(h)(ii)

31.5(c)(9)(ii) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

The State regulation does not include

the term “an intermediate person.”

The State needs to include this to

meet Category B compatibility which

requires essentially identical

language
3 246-235-093(4) 32.51a(5) 2001-1 B Same: Conditions of licenses.

There is no State equivalent

regulation for 10 CFR 32.51a(5) -

State’s policy for improper disposal

within its jurisdiction.

The State needs to include this to

meet Category B compatibility which

requires essentially identical

language.

4 246-235-093

(4)(d)(iii)(D) 

and

246-235-093

(4)(c)

32.52(b)(1)(iv) 2001-1 B Same: material transfer reports

and records

The State has not included the

requirement for providing the serial

number of the device in the quarterly

report. This could be an editorial

error.

The State needs to include this to

meet Category B compatibility which

requires essentially identical

language.
STATE REGULATION STATUS

State: Washington [One amendment reviewed is identified by a  Tracking Ticket Numbeat the beginning of each equivalent NRC regulation.] Date: March 11, 2004

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2RulML #5

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

F

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F 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 Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F 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-Part40

59 FR 28220; (7/1/97) 1994-2 P

ML02101031

Timeliness 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 for MedicalUse-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 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

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2RulML #5

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

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 F 

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 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 

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F 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 Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F

ML01277029

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

(2/12/01)

1998-1 F

ML01277029

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 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 F 

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

ML01277029
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2RulML #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

May 3, 1995.

5. ADAMS ML Number6. The Final State Regulation (Effective Date) of some regulations may be the date of adoption with the effective date occurring 3

according to Washington statute.

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 F

ML02241008

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

ML01277029

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

ML03111010

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

ML03111010

 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material-Parts 30, 31, 32

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

ML04043010

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) 2002-2Financial Assurance for Materials Licensees 

– Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1