June 22, 2006

Dane L. Finerfrock

Division of Radiation Control

Department of Environmental Quality

168 North 1950 West

P.O. Box 144850

Salt Lake City, Utah 84114-4850

Dear Mr. Finerfrock:

We have reviewed the proposed changes to the Utah Radiation Control rules for Section R313-22-35,

“Financial Assurance and Recordkeeping for Decommissioning,” received by our office on May 23, 

2006. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Parts 30, 40, and 70 and the requirements of the one

amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed

our review of the regulations with Mr. Phillip Griffin on June 5, 2006.

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. Under our current procedure, a finding that the Utah 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 Utah 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 Utah 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.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 Andrea Jones at

301-415-2309 or ARJ@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
June 22, 2006

Dane L. Finerfrock

Division of Radiation Control

Department of Environmental Quality

168 North 1950 West, P.O. Box 144850

Salt Lake City, Utah 84114-4850

Dear Mr. Finerfrock:

We have reviewed the proposed changes to the Utah Radiation Control rules for Section R313-22-35,

“Financial Assurance and Recordkeeping for Decommissioning,” received by our office on May 23, 

2006. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Parts 30, 40, and 70 and the requirements of the one amendment

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

regulations with Mr. Phillip Griffin on June 5, 2006.

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. 

Under our current procedure, a finding that the Utah 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

Utah 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 Utah 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.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 Andrea Jones at 301-415-

2309 or ARJ@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [6-154] L.McLean, SAO SUNSI Review Complete 

DCD (SP08) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

D Sollenberger, ASPO BUsilton UtahFile

Response to Incoming: ML061440058

DOCUMENT NAME: E:\Filenet\ML061740007.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 A.Jones JTobin STreby KNSchneider for DRathbun

DATE 06/07/06* 06/07/06* 06/22/06* 06/08/06*

ML061740007 Official Record ML061740009
COMPATIBILITY COMMENTS ON UTAH PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 R313-22-35 §40.36 2003-1 H&S Financial assurance and

recordkeeping for

decommissioning

Utah has omitted requirements for

decommissioning financial assurance

and recordkeeping for source

material in their regulations.

Utah needs to adopt the essential

objectives of the requirements for

submission of a decommissioning

funding plan for source material to

meet the Category H&S designation

assigned to Section 40.36.

2 R313-22-35 §70.25 2003-1 H&S Financial assurance and

recordkeeping for

decommissioning

Utah has omitted requirements for

decommissioning financial assurance

and recordkeeping for special nuclear

material in their regulations.

Utah needs to adopt the essential

objectives of the requirements for

submission of a decommissioning

funding plan for special nuclear

material to meet the Category H&S

designation assigned to Section

70.25.
STATE REGULATION STATUS

(1 amendment reviewed is identified by a i 

at the beginning of the equivalent NRC Requirement) 

NRC Chronology Identification FR Notice

(Due Date for StateImplementation)

RATS ID

Proposed (P)/Final (F)1 Rul

LicenseCondition (LCML #4

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

ML032180130

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 F

ML032180130

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 F 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 P Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618; 1994-1 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPAStandards-Part 40

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

ML023100574

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 Materialfor Medical Use-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 EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 P Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 P 

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

ML032180130

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 P 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 P 10 CFR Part 71: Compatibility with the International Atomic Energy Agency - Part71

60 FR 50248; 61 FR 28724;(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 
NRC Chronology Identification FR Notice

(Due Date for StateImplementation)

RATS ID

Proposed (P)/Final (F)1 Rul

LicenseCondition (LCML #4

Termination or Transfer of Licensed Activities:Recordkeeping Requirements-Parts20, 30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F Part 30 

Resolution of Dual Regs.of Airborne Effluents of Radioactive Mats.; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 P 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

ML032180130

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 P 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 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 Distrib. of Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 F

ML011100015

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 P

ML010870073

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

ML032510947

Transfer for Disposal and Manifests: Minor Technical Conforming AmendmentPart 20 63 FR 50127; (11/20/01) 1998-6 FML013530478 Radiological Criteria for License Termination of Uranium Recovery Facilities-Part40

64 FR 17506; (6/11/02) 1999-1 F

ML023100574

Requirements 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

ML013530478

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39

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

ML012850044

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

ML052850130

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

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

ML040580276

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

ML052640263

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

ML052640263
NRC Chronology Identification FR Notice

(Due Date for StateImplementation)

RATS ID

Proposed (P)/Final (F)1 Rul

LicenseCondition (LCML #4

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 Statement on A

Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number.

6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 days to 

requirements satisfying the requirements of NRC Order EA-05-090.

i Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1 P

ML061440058

Compatibility 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 - Part30

70 FR 2001; (7/11/08) 2005-1

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2 P

ML060810102

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)6

70 FR 72128; (12/1/05) 2005-3 LC

ML052920243