June 27, 2005

Robert E. Owen, Chief

Bureau of Radiation Protection

Ohio Department of Health

246 North High Street

P.O. Box118

Columbus, Ohio 43216-0118

Dear Mr. Owen:

We have reviewed the proposed changes to the Ohio Administrative Code Chapter 3701:1-44

“Licensing Requirements for Source Material,” received by our office on May 4, 2005. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Part 40. We discussed our review of the regulations with Mike Snee on

June 24, 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 Ohio 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 Ohio

regulations. However, we have determined that if your proposed regulations were 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 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 State Regulation Status (SRS) Data Sheet summarizes our knowledge of the status of

other Ohio 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 Richard L.

Blanton at (301)-415-2322 or by e-mail at RLB@NRC.GOV.

Sincerely,

\By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure: 

As stated
June 27, 2005

Robert E. Owen, Chief

Bureau of Radiation Protection

Ohio Department of Health

246 North High Street-P.O. Box118

Columbus, Ohio 43216-0118

Dear Mr. Owen:

We have reviewed the proposed changes to the Ohio Administrative Code Chapter 3701:1-44

“Licensing Requirements for Source Material,” received by our office on May 4, 2005. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Part 40. We discussed our review of the regulations with Mike Snee on

June 24, 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 Ohio 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 Ohio

regulations. However, we have determined that if your proposed regulations were 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 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 State Regulation Status (SRS) Data Sheet summarizes our knowledge of the status of

other Ohio 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 Richard L.

Blanton at (301)-415-2322 or by e-mail at RLB@NRC.GOV.

Sincerely,

\By KNSchneider For\

Dennis Rathbun, Deputy 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[5-137] DCD (SP05) PDR(YES_T) Response to Incoming Document:ML051380407

Sheri Minnick, Duncan White, RSAO DSollenberger, ASPO BUsilton Ohio File

Name:E:\Filenet\ML051870192.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 WRR fo RLBlanton WRautzen STreby KSchneider for DRathbun

DATE 06/11/05* 06/11/05* 06/23/05* 06/27/05*

ML051870192 OFFICIAL RECORD COPY
STATE REGULATION STATUS

 State: OHIO [No Amendments Reviewed] Tracking Ticket Number

 Date: June 27, 2005

NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (P) Final (F)1 Rule 

ML #4

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

ML023250117

ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 F

ML023250117

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

ML040920160

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 P Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1-7/95) 1992-1 P

ML042230062

Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 30,35

57 FR 45566; (none) 1992-2 P

ML042230062

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

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

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F

ML023250117

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 EPA StandardsPart 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 P 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 F

ML023180373

Frequency of Medical Examinations for Use of Respiratory Protection Equipment- Part 20 60 FR 7900; (3/13/98) 1995-2 F 

ML041240504

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F

ML040920160
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (P) Final (F)1 Rule 

ML #4

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

ML012500056

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML040920160

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P 

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 P

ML042230062

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 P

ML010380259ML010870344

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-Parts 20,30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 P 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

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

ML041240504FML041900134

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

ML041240504

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

ML042230062

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 28948; (6/27/00) 1997-5 P

ML023250117

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML041240504 

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

(2/12/01)

1998-1 P

ML010380259ML010870344
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (P) Final (F)1 Rule 

ML #4

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 for IndustrialRadiographic Operations-Part 34

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

ML041240504

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

ML041240504NML041900134

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 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

ML040920160

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

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

ML012500049

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F

ML023250117

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

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

ML041240504FML041900134

Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 P

ML042230062

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

ML042230062

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
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (P) Final (F)1 Rule 

ML #4

1. For 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. ADAMS ML Number5. Ohio became an Agreement State effective 08/31/99. The State incorporated NRC regulations by reference 10/9/98 and therefore

were found compatible.

6. Although these items are not required for purposes of compatibility, the State incorporated NRC regulations by reference on 10/9/9

these items. 

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