May 3, 2005

Mr. Mike Broderick

Environmental Program Manager

Radiation Management Section

Land Protection Division

Oklahoma Department of Environmental Quality

P. O. Box 1677

Oklahoma City, OK 73101-1677

Dear Mr. Broderick:

We have reviewed the proposed changes to the Oklahoma regulations, Title 252, Chapter 410 

“Radiation Management”, received by our office on March 22, 2005. These regulations were

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

10 CFR Parts 20, 32, and 35, and the requirements of the two amendments identified in the

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

regulations with Dale McHard of your staff on April 25, 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 Oklahoma 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 Oklahoma

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 Oklahoma 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 Kevin

Hsueh of my staff at (301) 415-2598 or KPH@NRC.GOV.

Sincerely,

\RA By\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosure: 

As stated
May 3, 2005

Mr. Mike Broderick

Environmental Program Manager

Radiation Management Section

Land Protection Division

Oklahoma Department of Environmental Quality

P. O. Box 1677

Oklahoma City, OK 73101-1677

Dear Mr. Broderick:

We have reviewed the proposed changes to the Oklahoma regulations, Title 252, Chapter 410 

“Radiation Management”, 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, 32, and 35, and the requirements of the two amendments identified in the

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

regulations with Dale McHard of your staff on April 25, 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 Oklahoma 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 Oklahoma

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 Oklahoma 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 Kevin

Hsueh of my staff at (301) 415-2598 or KPH@NRC.GOV.

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[5-88] DCD (SP08) PDR(YES_T) Response to Incoming Document: ML050810541

LMclean, RSAO DBlanton, ASPO Maryland File 

Name:E:\Filenet\ML051240009.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 KHsueh JZabko for WRautzen STreby PLohaus

DATE 04/18/05* 04/20/05* 05/02/05* 05/03/05*

ML051240009 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Oklahoma [Two amendments reviewed are identified Tracking Ticket Number: by a i at the beginning of each equivalent NRC regulation] Date: May 3 , 2005 

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 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

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 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 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7

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

(2/12/01)

1998-1

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 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #5

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

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

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

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 P

ML020390195

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 PML020390195 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P

ML020390195

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

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

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

ML050810541

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

ML050810541

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.