October 13, 2005

Mr. Terry C. Frazee, Western Regional Director

Division of Radiation Protection

Washington Department of Health

7171 Clearwater Lane, Bldg. 5

P.O. Box 47827

Olympia, WA 98504-7827

Dear Mr. Frazee: 

We have reviewed the proposed changes to the the Washington Administrative Code (WAC),

Chapters 246-220, 246-221, 246-232, 246-235, 246-239 and 246-240, received by our office on

August 29, 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 you on October 11, 2005.

As a result of our review, we have 9 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. Under our current procedure, a finding that the Washington regulations meet

the compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final Washington regulations. However, we have determined

that if your proposed regulations were adopted, 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 request that when the proposed regulations are adopted and published as final regulations,

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 final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Washington’s 

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. 

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 Osiris

Siurano-Perez at 301-415-2307or by e-mail at OSP@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
October 13, 2005

Mr. Terry C. Frazee, Western Regional Director

Division of Radiation Protection

Washington Department of Health

7171 Clearwater Lane, Bldg. 5

P.O. Box 47827

Olympia, WA 98504-7827

Dear Mr. Frazee: 

We have reviewed the proposed changes to the the Washington Administrative Code (WAC),

Chapters 246-220, 246-221, 246-232, 246-235, 246-239 and 246-240, received by our office on

August 29, 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 you on October 11, 2005.

As a result of our review, we have 9 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. Under our current procedure, a finding that the Washington regulations meet

the compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final Washington regulations. However, we have determined

that if your proposed regulations were adopted, 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 request that when the proposed regulations are adopted and published as final regulations,

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 final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Washington’s 

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. 

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 Osiris

Siurano-Perez at 301-415-2307or by e-mail at OSP@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution: SISP Review Complete

DIR RF(5-243) DCD (SP08) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

Response to Incoming Document: ML052510066

VCampbell, RSAO L Bolling, ASPO BUsilton Washington File 

Document Name:E:\Filenet\ML052870111.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 OSiurano WRautzen STreby KNSchneider for DRathbun

DATE 09/28/05* 09/28/05* 10/03/05* 10/13/05*
ML052870111 OFFICIAL RECORD COPY

COMPATIBILITY COMMENTS ON WASHINGTON’S PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 246-240-010 35.2 2005-2 B Preceptor

Washington did not include the word

“verifies” in the definition of

Preceptor. 

Washington needs to add the word

“verifies” to the definition of Preceptor

to meet the Compatibility Category B

designation of 10 CFR 35.2.

2 246-240-072 35.51 2005-2 B Training for an authorized medical

physicist

Washington omitted reference to

certain written requirements

necessary for the preceptor

authorized medical physicist to certify.

Specifically, to function independently

as an authorized medical physicist,

written certification must be obtained

for sections 246-240-072(3) and

(1)(a) and (1)(b) or 246-240-072(2)(a)

and (3) from the preceptor authorized

medical physicist.

Washington needs to add preceptor

authorized medical physicist

certification of sections 246-240-

072(3) and (1)(a) and (1)(b) or 246-

240-072(2)(a) and (3) to meet the

Compatibility Category B designation

for 10 CFR 35.51.

3 246-240-075 35.55 2005-2 B Training for an authorized nuclear

pharmacist

Washington currently requires 700

hours of classroom and laboratory

training. The number of hours should

be changed to 200 to reflect the

requirements of 10 CFR 35.55.

Washington needs to change the

number or hours of classroom and

laboratory training for authorized

nuclear pharmacists from 700 to 200

to meet the Compatibility Category B

designation for 10 CFR 35.55.
4 246-240-075 35.55 2005-2 B Training for an authorized nuclear

pharmacist

Washington omitted reference to

certain written requirements

necessary for the preceptor

authorized nuclear pharmacist to

certify. Specifically, to function

independently as an authorized

nuclear pharmacist, written

certification must be obtained for

sections 246-240-075(1)(a), (1)(b)

and (1)(c) or 246-240-075(2)(a) from

the preceptor authorized nuclear

pharmacist.

Washington needs to add preceptor

authorized nuclear pharmacist

certification of sections 246-240-

075(1)(a), (1)(b) and (1)(c) or 246-

240-075(2)(a) to meet the

Compatibility Category B designation

for 10 CFR 35.55.

5 246-240-154 35.190 2005-2 B Training for uptake, dilution, and

excretion studies

Washington did not include the

requirement for a minimum of 8 hours

of classroom and laboratory training.

Washington needs to add the number

of hours of classroom and laboratory

training to meet the Compatibility

Category B designation for 10 CFR

35.190.

6 246-240-163 35.290 2005-2 B Training for imaging and

localization studies

Washington did not include the

requirement for a minimum of 80

hours of classroom and laboratory

training.

Washington needs to add the number

of hours of classroom and laboratory

training to meet the Compatibility

Category B designation for 10 CFR

35.290.
7 246-240-210 35.390 2005-2 B Training for use of unsealed

byproduct material for which

a written directive is required

Washington requires the length of the

residency program to be 3 years. In

10 CFR 35.390, there is no specific

time period for the length of the

residency program.

Washington needs to omit the length

of 3 years from the residency

program requirement to meet the

Compatibility Category B designation

for 10 CFR 35.390.

8 246-240-210 35.390 2005-2 B Training for use of unsealed

byproduct material for which

a written directive is required

Washington did not include the

requirement for a minimum of 200

hours of classroom and laboratory

training.

Washington needs to add the number

of hours of classroom and laboratory

training to meet the Compatibility

Category B designation for 10 CFR

35.390.

9 Omitted 35.396 2005-2 B Training for the parenteral

administration of unsealed

byproduct

material requiring a written

directive.

Washington omitted the requirements

of 10 CFR 35.396, Training for the

parenteral administration of unsealed

byproduct material requiring a written

directive.

Washington needs to add the

requirements for training for the

parenteral administration of unsealed

byproduct material requiring a written

directive.to meet the Compatibility

Category B designation for 10 CFR

35.396.
STATE REGULATION STATUS

State: Washington [Two amendments reviewed are identified by a i Tracking Ticket Nu

at the beginning of the equivalent NRC regulation.] Date: October 13, 2

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

ML #5

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 P

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'sInstructions-Parts 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 Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F 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-Part40

59 FR 28220; (7/1/97) 1994-2 F 

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

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

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

ML #5

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 F Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

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

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

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

ML01277029

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

(2/12/01)

1998-1 F

ML01277029

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 F 

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

ML01277029

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 F

ML02241008

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to Provide Requested Information-Part 31

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

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

ML #5

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, May 3, 1995.

5. ADAMS ML Number6. The Final State Regulation (Effective Date) of some regulations may be the date of adoption with the effective date occurring 31 da

according to Washington statute.

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

(2/2/03)

1999-3 F

ML01277029

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

ML03111010

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

ML03111010

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

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

ML04043010

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

ML04351023

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

ML05251006

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

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

ML05251006