April 6, 2005

Mr. Donald A. Flater, Chief

Bureau of Radiological Health

Iowa Department of Public Health

401 SW 7th Street, Suite D

Des Moines, IA 50309

Dear Mr. Flater: 

We have reviewed the proposed revisions to the Iowa Administrative Code received by our

office on January 11, 2005. Our review included your response to our letter, dated 

February 4, 2004, addressing Nuclear Regulatory Commission (NRC) comments on previously

issued final rules on Licenses for Industrial Radiography and Radiation Safety Requirements for

Industrial Radiography Operations-Parts 30, 34, 71, 150, and the changes associated with the

Iowa annual review for compatibility. We reviewed these changes by comparison to the

equivalent NRC regulations in 10 CFR Part 19, 20, 32, 34, 35, 39, 40, and the requirements of

the one amendment identified in the enclosed States Regulation Status (SRS) Data Sheet. 

We discussed our review of the regulations with Charlene Craig on April 5, 2005.

As a result of our review, we have three comments that relate to the January 11, 2005

proposed rule changes based on the Iowa annual review of the regulations. We understand

that you will address changes to 10 CFR Part 35, Medical Training and Experience that were

identified in the February 4, 2004 letter in a future rule making session. 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. 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 meets 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 Iowa 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. Donald A. Flater -2- April 6, 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 Bill

Rautzen of my staff at (301) 415-7206 or WRR@NRC.GOV. 

Sincerely,

\RA BY\

Paul Lohaus, Director

Office of State and Tribal Programs

Enclosures:

As stated
Mr. Donald A. Flater -2- April 5, 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 Bill

Rautzen of my staff at (301) 415-7206 or WRR@NRC.GOV. 

Sincerely,

\RA BY\

Paul Lohaus, 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 (5-28) DCD (SP07) PDR (YES) BUsilton

LBolling, ASPO Iowa File Response to Incoming Document: ML050320039

DOCUMENT NAME:E:\Filenet\ML050960431.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:D

NAME WRautzen STreby KNSchneider for PLohaus

DATE 3/22/05* 4/4/05* 4/06/05*

ML OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON 

IOWA FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 38.2(136C) 20.1003 N/A A Definitions

In their definition of the word

“Radiation”, the State omitted the

prefix “micro-“ from the word

“microwaves” when discussing the

types of nonionizing radiation. 

The State needs to add this language

to meet NRC Compatibility Category

A for the definition of “Radiation” in 10

CFR 20.1003.

2 40.37(1) 20.1502(a) N/A H&S Conditions requiring individual

monitoring of external and internal

occupational dose.

In the State section 40.37(1)(b), they

omitted the word “rem” when

discussing the deep dose equivalent

dosage that would require individual

monitoring devices for Minors. 

The State needs to add the word

“rem” to the units defining deep dose

equivalent dosage requiring individual

monitoring devices for Minors to meet

the essential objectives of NRC

Compatibility Category H&S.

3 41.3(15) 35.3045 N/A C Report and notification of a

medical event.

The State omitted the requirements of

35.3045(a)(2)(i), 35.3045(a)(2)(ii),

and 35.3045(a)(2)(v) when listing the

requirements for event reporting

involving excess patient dose.

The State needs to adopt the

requirements of 35.3045(a)(2)(i),

35.3045(a)(2)(ii), and

35.3045(a)(2)(v) to meet NRC

Compatibility Category C for 10 CFR

35.3045.
STATE REGULATION STATUS

State: IOWA[One amendment reviewed are identified by a i Tracking Ticket N

at the beginning of each equivalent NRC regulation.] Date: April 6, 2

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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

P

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2 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 Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1

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) 1994-2Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F

P

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

P
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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

ML036404

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

ML036404

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

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

ML036404

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

ML036404

i 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

ML036404FML050320

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

ML036404

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 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

ML036404

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 FML036404

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 

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

ML036404
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 Polic

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, 1995.

5. ADAMS ML Number

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

ML036404

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 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

ML036404

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

ML036404

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

ML036404

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

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

ML036404

Revision of the Skin Dose Limit - Part 20 67 FR 16298; (4/5/05) 2002-1 F

ML036404

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

ML036404

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 (12/3/06) 2003-1Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

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