August 18, 2005

Mr. Roland G. Fletcher, Manager III

Maryland Department of the Environment

Radiological Health Program

1800 Washington Boulevard

Baltimore, MD 21230

Dear Mr. Fletcher:

We have reviewed the proposed changes to the Maryland regulations Supplement 14 to the

Maryland Radiological Health Program Rules (COMAR 26.12.01.01 “Regulations for the Control

of Ionizing Radiation”), received by our office on June 21, 2005. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Parts 30, 31 and 32 and the requirements of the one amendment identified in the

enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the

regulations with Mr. Raymond E. Manley on July 5, 2005.

As a result of our review, we have three comments that have been identified in the enclosure. 

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 the Maryland regulations meet

the compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final Maryland regulations. However, we have determined that if

your proposed regulations were adopted, incorporating our 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.

As noted in the enclosure, the comments address Maryland’s proposed regulations for

generally licensed devices. Please note that we have a Petition For Rulemaking from the

Organization of Agreement States (OAS) currently under review by NRC staff, and a request

from OAS and the State of Florida to change the Compatibility Category assigned to sections of

the GL rule. Staff is examining whether there may be need for additional guidance to

Agreement States regarding the status of some Agreement State GL rules during the interim

time the NRC will require to complete action on the Petition and request. We will correspond

separately with you on this issue in the near future.

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 Regulatory Requirements,” please highlight the final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Maryland 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. 
Mr. Roland Fletcher -2- August 18, 2005

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 Lloyd

Bolling of my staff at (301) 415-2327 or by email at LAB@NRC.GOV.

Sincerely,

\RA By K.N.Schneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Mr. Roland Fletcher -2- August 18, 2005

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 Lloyd

Bolling of my staff at (301) 415-2327 or by email at LAB@NRC.GOV.

Sincerely,

\RA By K.N.Schneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

SISP Review Complete

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF[5-186] DCD (SP05) PDR(YES_T) Response to Incoming Document:ML051810290

Sheri Minnick, Duncan White, RSAO SSalomon, ASPO BUsilton Maryland File Name

:E:\Filenet\ML052310240.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 LBolling WRautzen STreby DRathbun

DATE 07/21/05* 07/22/05* 08/15/05* 08/18/05*

ML052310240 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS FOR

PROPOSED MARYLAND REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 (Omitted) 31.5(c)(7) 2001-1 B Certain Detecting, Measuring,

Gauging, or Controlling Devices

and Certain Devices for Producing

Light or an Ionized Atmosphere

Maryland has omitted the requirement

of 10 CFR 31.5(c)(7) stating that

export needs to be done in

accordance to 10 CFR 110.

Maryland needs to add this

requirement to their rules to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.5(c)(7).

2 (Omitted) 31.5(c)(11) 2001-1 B Certain Detecting, Measuring,

Gauging, or Controlling Devices

and Certain Devices for Producing

Light or an Ionized Atmosphere

Maryland has omitted the

requirements of 10 CFR 31.5(c)(11).

Maryland needs to add this section to

their rules to meet the Compatibility

Category B designation assigned to

Section 10 CFR 31.5(c)(11).

3 (Omitted) 31.6 2001-1 B General license to install devices

generally licensed in § 31.5

Maryland has omitted the

requirements of 10 CFR 31.6.

Maryland needs to add this section to

their rules to meet the Compatibility

Category B designation assigned to

Section 10 CFR 31.6.
STATE REGULATION STATUS

State: Maryland Track

ing

Ticke

t

Num

ber:

5-186 

 

(One amendment reviewed identified by a i Date:

Augu

st 18,

2005

 at the beginning of equivalent NRC regulation.)

NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule / ML

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 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 InstructionsParts 30, 3557 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

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) 1994-2

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 Medical

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 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

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 F

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 7061 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
NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule / ML

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 2061 FR 65120; (1/9/00) 1997-1 F

ML051380

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within

an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F

ML051380

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

ML021120

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

Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiography Operations-Parts 30, 34, 71, 150

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

ML021120

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

ML021120

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F

ML051380

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

(2/12/01)

1998-1 F

ML051380

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 7063 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 Industrial

Radiographic Operations-Part 34

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

ML051100

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

ML051100

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

ML051100

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1

Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct 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 F

ML051100

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

ML051100

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

ML0508103

iRequirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material - Parts 30, 31, 32

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

ML051810

Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 P

ML050810

Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (10/24/05) 2002-2

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1 P

ML050810

Compatibility with IAEA Transportation Safety Standards and Other Transportation Safety

Amendments - Part 71

69 FR 3697; (10/01/07) 2004-1

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1
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 Policy Statement on Adequacy and Compatibility of Agreement State Programs,”

III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2