April 13, 2005

Mr. Roland G. Fletcher

Environmental Program Manager III

Radiological Health Program

Air and Radiation Management Administration

Maryland Department of the Environment

1800 Washington Boulevard, Suite 750

Baltimore, MD 21230-1724

Dear Mr. Fletcher:

We have reviewed the proposed changes to the Maryland Radiological Health Program Rules

received by our office on March 9, 2005. These regulations were reviewed by comparison to

the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 34, 36, 39,

40, 70 and the requirements of the three amendments identified in the enclosed State

Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on 

April 13, 2005.

As a result of our review, we have no comments. 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 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 Maryland

regulation. However, we have determined that if this regulation is adopted without significant

change, it 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 regulation is adopted and published as a final regulation, a copy of the “as published”

regulation be provided to the NRC for review. 

The SRS Data Sheet summarizes our knowledge of the status of other Maryland 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 website: 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 Sheri

Minnick of my staff at (610)337-5358.

Sincerely,

\RA By\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosure: 

As stated
April 13, 2005

Mr. Roland G. Fletcher

Environmental Program Manager III

Radiological Health Program

Air and Radiation Management Administration

Maryland Department of the Environment

1800 Washington Boulevard, Suite 750

Baltimore, MD 21230-1724

Dear Mr. Fletcher:

We have reviewed the proposed changes to the Maryland Radiological Health Program Rules

received by our office on March 9, 2005. These regulations were reviewed by compairison to

the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 34, 36, 39,

40, 70 and the requirements of the three amendments identified in the enclosed State

Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on 

 April 13, 2005.

As a result of our review, we have no comments. 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 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 Maryland

regulation. However, we have determined that if this regulation is adopted without significant

change, it 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 regulation is adopted and published as a final regulation, a copy of the “as published”

regulation be provided to the NRC for review. 

The SRS Data Sheet summarizes our knowledge of the status of other Maryland 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 website: 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 Sheri

Minnick of my staff at (610)337-5358.

Sincerely,

\RA By\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosure: As stated

SISP Review Complete

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF[5-80] DCD (SP05) PDR(YES_T) Response to Incoming Document: ML050810339

Sheri Minnick, Duncan White, RSAO SSalomon, ASPO Maryland File Name:E:\Filenet\ML051080061.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:D

NAME SMinnick WRautzen STreby PLohaus

DATE 03/28/05* 03/28/05* 04/06/05* 04/13/05*

ML051080061 OFFICIAL RECORD COPY

STATE REGULATION STATUS
State: Maryland 

[3 amendments reviewed are identified by a i Tracking Ticket Number: 5-8at the beginning of each equivalent NRC regulation.] Date: April 13, 2005

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, 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 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 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 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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

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

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

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 IndustrialRadiography 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 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 

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 P

ML032020

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393;

(10/26/01)

1998-5 P

ML032020

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

ML032020

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 
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 the regulation. See: “Final Policy Statement 

Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number.

Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Materialto 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

ML032020

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

ML032020

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

ML0508103

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

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

Reviewed licenseconditions 32.52 (a) & 

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

ML0508103

Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (4/24/05) 2002-2

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

ML0508103

Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

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