October 25, 2004

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 Washington Administrative Code (WAC),

Chapter 246-220-010 and 221-010, “Radiation Protection - Revision of the Skin Dose Limit”,

received by our office on September 29, 2004. Our review and comments are in response to

the State’s request for Nuclear Regulatory Commission (NRC) evaluation of the changes to

Washington’s radiation control rules that incorporated the amendments identified on the States

Regulation Status Data Sheet (SRS). These regulations were reviewed by comparison to the

equivalent NRC rules in 10 CFR Parts 20 and the requirements of the amendment identified in

the enclosed SRS. We discussed our review of the regulations with you on October 1, 2004.

As a result of our review, we have no comments and one editorial suggestion. 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 Washington 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 Lloyd

Bolling of my staff at (301) 415-2327 or LAB@NRC.GOV. 

Sincerely,

\RA BY K.N. SCHNEIDER FOR\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
October 25, 2004

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 Washington Administrative Code (WAC),

Chapter 246-220-010 and 21-010, “Radiation Protection - Revision of the Skin Dose Limit”,

received by our office on September 29, 2004. Our review and comments are in response to

the State’s request for Nuclear Regulatory Commission (NRC) evaluation of the changes to

Washington’s radiation control rules that incorporated the amendments identified on the States

Regulation Status Data Sheet (SRS). These regulations were reviewed by comparison to the

equivalent NRC rules in 10 CFR Parts 20 and the requirements of the amendment identified in

the enclosed SRS. We discussed our review of the regulations with you on October 1, 2004.

As a result of our review, we have no comments and one editorial suggestion. 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 Washington 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 Lloyd

Bolling of my staff at (301) 415-2327 or LAB@NRC.GOV. 

Sincerely,

\RA BY K.N. SCHNEIDER FOR\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [4-280] DCD (SP07) PDR (YES_T) L Bolling, ASPO Washington File 

Response to Incoming Document: ML042740013 DOCUMENT NAME:E:\Filenet\ML043010135.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 LBolling JZabko STreby KNS for JPiccone

DATE 10/04/04* 10/12 /04* 10/21/04* 10/25/04*

ML04301035 OFFICIAL RECORD COPY
Editorial Suggestions

1. In Section 246-220-010, Definition (45) “Exposure” The second sentence quotes a

formula. The formula that is written has substituted characters making it not

make grammatical sense. 
STATE REGULATION STATUS

State: Washington [One amendment reviewed is identified by a i Tracking Ticket Numbeat the beginning of the equivalent NRC regulation.] Date: October 25, 2004

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 P

ML02101031

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 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

ML #5

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 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 
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.

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 

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

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

ML04274001

Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1

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

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