October 14, 2004

Mr. Robert Owen, Chief

Bureau of Radiation Protection

Ohio Department of Health

P. O. Box 118

Columbus, OH 43216-0118

Dear Mr. Owen:

As requested, we have reviewed your July 20, 2004 submittal, which presented your proposed

rule revisions to Ohio Rule 3701:1-38, “General Radiation Protection Standards for Sources of

Radiation”, Rule 3701:1-58, “Medical Use of Radioactive Materials”. We also reviewed the

additional information you provided in Ohio Rules 3701:1-46-43 and 44 and which you

transmitted electronically on September 16, 2004. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) regulations in 10 CFR

Parts 20, 30, 32, and 35 and the requirements of the six amendments identified in the enclosed

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

Michael Snee, on October 13, 2004.

As a result of our review, we have no comments and four editorial suggestions. 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 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. However, we have determined that if these regulations

are adopted 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. 

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the "as published" regulations be provided to the NRC for review. 

The SRS Data Sheet summarizes our knowledge of the status of other Ohio 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 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 Dennis

Sollenberger at (301) 415-2819 or DMS4@NRC.GOV.

Sincerely,

\RA By K.N. Schneider\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure:

 As stated
October 14, 2004

Mr. Robert Owen, Chief

Bureau of Radiation Protection

Ohio Department of Health

P. O. Box 118

Columbus, OH 43216-0118

Dear Mr. Owen:

As requested, we have reviewed your July 20, 2004 submittal, which presented your proposed

rule revisions to Ohio Rule 3701:1-38, “General Radiation Protection Standards for Sources of

Radiation”, Rule 3701:1-58, “Medical Use of Radioactive Materials”. We also reviewed the

additional information you provided in Ohio Rules 3701:1-46-43 and 44 and which you

transmitted electronically on September 16, 2004. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) regulations in 10 CFR

Parts 20, 30, 32, and 35 and the requirements of the six amendments identified in the enclosed

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

Michael Snee, on October 13, 2004.

As a result of our review, we have no comments and four editorial suggestions. 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 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. However, we have determined that if these regulations

are adopted 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. 

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the "as published" regulations be provided to the NRC for review. 

The SRS Data Sheet summarizes our knowledge of the status of other Ohio 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 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 Dennis

Sollenberger at (301) 415-2819 or DMS4@NRC.GOV.

Sincerely,

\RA By K.N. Schneider\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated

Distribution:

DIR RF [4-216] DCD (SP07) PDR (YEST) JLynch BUsilton

 DSollenberger, ASP Ohio File Response to Incoming Document: ML042230062

DOCUMENT NAME: E:\Filenet\ML042890002.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 DSollenberger JGZabko SATreby KNS for JMPiccone

DATE 09/24/04* 09/27/04 * 10/12/04 * 10/14/04*

ML042890002 OFFICIAL RECORD COPY
Editorial Suggestions

1. 3701:1-38-01(139) (20.1003 equivalent) In the definition for “Sealed Source and Device Registry”,

the word “fro” in the last line should be replaced by “for”. 

2. 3701:1-38-07 (20.1002 equivalent) Ohio should add a reference to its new regulation equivalent to

10 CFR Part 35.75. 

3. 3701:1-58-07(B)(2) (35.12(b)) should begin with the word, “Submitting”. The corresponding

paragraph in the next section is worded in this manner. 

4. 3701:1-58-09(A) (35.14 equivalent) In the first line, insert “of” between the words “copy one”. 
STATE REGULATION STATUS

State: OHIO 

[The Six Amendments reviewed are identified by a i Tracking Ticket Numbe

 at the beginning of each equivalent NRC regulation.] Date: October 14, 200

NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) 

Final (F)1 Rul

ML #4

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

ML023250117

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

ML023250117

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

ML040920160

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; (1-7/95) 1992-1 P

ML042230062

*Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 30,35

57 FR 45566; (none) 1992-2 P

ML042230062

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 F

ML023250117

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 F

ML023180373

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 F ML041240504 

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F

ML040920160

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P

ML012500056
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) 

Final (F)1 Rul

ML #4

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

ML040920160

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 P

ML042230062

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 F

ML041240504FML041900134

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

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

ML041240504

*Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 PML042230062 

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

ML023250117

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 F

ML041240504

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 Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiographic Operations-Part 34

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

ML041240504
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) 

Final (F)1 Rul

ML #4

1. For 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 therefore

were found compatible.

6. Although these items are not required for purposes of compatibility, the State incorporated NRC regulations by reference on 10/9/9

these items. 

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 Amendment-Part20

63 FR 50127; (11/20/01) 1998-6 F

ML041240504NML041900134

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 F

ML040920160

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML012500049 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F

ML023250117

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

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

ML041240504FML041900134

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

ML042230062

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

ML042230062

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

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