October 31, 2005

Mike Broderick, Environmental Programs Manager

Radiation Management Section

Land Protection Division

Oklahoma Department of Environmental Quality

707 North Robinson-P.O. Box 1677

Oklahoma City, Oklahoma 73101-1677

Dear Mr. Broderick:

We have reviewed the final revision to the Oklahoma Radiation Management Rules, Oklahoma

Administrative Code (OAC) 252:410, 2005 Edition, effective June 15, 2005, received by our

office on September 20, 2005. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34, 35,

36, 39, 40, 61, 70, 71, 150 and the requirements of the 12 amendments identified in the

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

regulations with you on October 19, 2005.

As a result of our review, we have two 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. We have determined that if these regulations are revised, 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.

We also note that your cover letter states 10 CFR 71.11, Deliberate Misconduct by Unlicensed

Persons, was inadvertently not adopted. However, amendments to 10 CFR 71 effective in

January 26, 2004 (69 FR 3697) (RATS ID 2004-1) redesignated 10 CFR 71.11 as Reserved,

moving the Deliberate Misconduct section to 10 CFR 71.8. Your letter states that the process

to adopt 71.11 by reference will begin and be in effect by June, 2007. Since RATS ID 2004-1 is

due for adoption by all Agreement States by October 1, 2007, Oklahoma should consider

making all of the necessary changes.

We request that when you revise your regulations to address our comments, 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 location of any changes made

by Oklahoma, in response to our comments and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Oklahoma 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. Mike Broderick -2- October 31, 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 Dr.

Stephen N. Salomon at 301-415-2368 or by e-mail at SNS@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Mr. Mike Broderick -2- October 31, 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 Dr.

Stephen N. Salomon at 301-415-2368 or by e-mail at SNS@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Enclosures: As stated

Distribution:

DIR RF (5-271) SISP Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available

LMcLean, RSAO : Non-Sensitive G Sensitive

RBlanton, ASPO WRautzen Oklahoma File

DOCUMENT NAME: E:\Filenet\ML053050275.wpd ML of Incoming Document: ML052640398 

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 SNSalomon JTobin STreby DKRathbun

DATE 10/20/2005* 10/20 /2005* 10/27/05* 10/31/2005*

ML053050275 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON OKLAHOMA FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 252:410-20-

1 (c)(15)(D) 

N/A 1998-6 N/A Appendix F. Requirements for lowlevel waste transfer for disposal at

land disposal facilities and

manifests

Oklahoma references Appendix F of

10 CFR 20. When Appendix G of 10

CFR 20 was promulgated in 1995, it

replaced Appendix F, which was redesignated as Reserved. 

Oklahoma needs to delete reference

to Appendix F of 10 CFR 20.

2 252:410-10-

35. (b)

N/A 2002-2 N/A Medical Use of Byproduct Materials

In 252:410-10-35(b), Exceptions, the

State reference to §35.32 is incorrect. 

There is no Section 35.32 in 10 CFR

35. Sections 35.59, Recentness of

training, and 35.645, Periodic spotcheck for gamma sterotactic

radiosurgery units, do not incorporate

communication provisions with the

NRC.

The State needs to delete the

references to Sections 35.32, 35.59

and 35.645.
STATE REGULATION STATUS

State: Oklahoma [Twelve amendments reviewed are identified Tracking Ticket Nuby a i at the beginning of each equivalent NRC regulation] Date: October 31, 

NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

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

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 30,35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: DocumentationAdditions [Restricted areas and spill sites]-Parts 30, 40 

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

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 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 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 

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48624; (10/20/98) 1995-7 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50247; 62 FR 28724

(4/1/99)

1996-1 

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 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; CleanAir Act-Part 20

61 FR 65120; (1/9/00) 1997-1 

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

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

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

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 iExempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F 9/20/2005

ML052640398

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

(2/12/01)

1998-1 F 9/20/2005

ML052640398

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

63 FR 37059; (7/9/01) 1998-4 F 9/20/2005

ML052640398

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

(10/26/01)

1998-5 F 9/20/2005

ML052640398

iTransfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part20

63 FR 50127; (11/20/01) 1998-6 F 9/20/2005

ML052640398

iRadiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 F 9/20/2005

ML052640398

Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

iRespiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3 F 9/20/2005

ML052640398

iEnergy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F 9/20/2005

ML052640398

iNew Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F 9/20/2005

ML052640398

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

65 FR 79162; (2/16/04) 2001-1 F 9/20/2005

ML052640398

i Revision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/05) 2002-1 F 9/20/2005

ML052640398

i Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2 F 9/20/2005

ML052640398

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

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2

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 Statemen

Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 199

5. ADAMS ML Number.