September 25, 2007

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, R313-15

“Standards for Protection Against Radiation”, R313-19-100 “Transportation”, and R313-22

“Specific Licenses”, received by our office on August 17, 2007. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Parts 20 and 71 and the requirements of the three amendments identified in the enclosed

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

Ms. Gwen Galloway on September 24, 2007.

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. We have determined that the

regulations, as proposed, meet the compatibility and health and safety categories established in

the Office of Federal and State Materials and Environmental Management Programs (FSME)

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 FSME Procedure SA-201, “Review of State Regulatory Requirements”, please

highlight any final changes and provide a copy to Division of Materials Safety and State

Agreements, FSME.

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 FSME 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 Kathleen

Schneider, State Regulation Review Coordinator, at 301-415-2320 or by e-mail at kxs@nrc.gov,

or Jenny Tobin at 301-415-2328 or by e-mail at jct1@nrc.gov. 

Sincerely,

\RA By ADWhite For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: 

 As stated

September 25, 2007
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, R313-15 “Standards

for Protection Against Radiation”, R313-19-100 “Transportation”, and R313-22 “Specific Licenses”,

received by our office on August 17, 2007. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20 and 71 and the

requirements of the three amendments identified in the enclosed State Regulation Status (SRS)

Data Sheet. We discussed our review of the regulations with Ms. Gwen Galloway on September 24,

2007.

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. We have determined that the

regulations, as proposed, meet the compatibility and health and safety categories established in the

Office of Federal and State Materials and Environmental Management Programs (FSME) 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

FSME Procedure SA-201, “Review of State Regulatory Requirements”, please highlight any final

changes and provide a copy to Division of Materials Safety and State Agreements, FSME.

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 FSME 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 Kathleen Schneider, State Regulation Review

Coordinator, at 301-415-2320 or by e-mail at kxs@nrc.gov, or Jenny Tobin at 301-415-2328 or by email at jct1@nrc.gov. 

Sincerely,

\RA By ADWhite For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated

Distribution:

DIR RF (7-65) Utah File SISP Review Complete

DCD (SP05) DSollenberger, ASPO Wrautzen, ASPO : Publicly Available G Non-Publicly Available

RErickson, RSAO LMclean, RSAO : Non-Sensitive G Sensitive

DOCUMENT NAME: C:\FileNet\ML072670250.wpd 

ML of Incoming Document:ML072330261 & ML072330265

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 DILR SAIS OGC MSSA:DD

NAME JTobin KSchneider FCameron RLewis

DATE 9/10/07* 9/10/07* 9/21/07* 9/25/07*

ML072670250 OFFICIAL RECORD COPY MLPKG.072670254

 

STATE REGULATION STATUS

State: Utah

3 Amendments reviewed identified by a i 

T

r

a
ckin

at the beginning of the equivalent NRC requirement Dat

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 F

ML071990559

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 FML071990559 

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

(3/1/98)

1995-3 F

ML071990559

 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 F

ML071990559

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 Materials 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

Licenses-Parts 30, 40, 70Termination 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 FML071990559 

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 FML071990559 

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 F

ML071990559

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
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 P

Adequacy and Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 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 

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

7. RATS ID 2006-3 will not be considered under the Non-Common Performance Indicator “Compatibility Requirements” for IMPE

as the National Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be p

under separate correspondence and the SRS sheet will be revised as appropriate.

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

ML052640263

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

ML062910213

iCompatibility With IAEA Transportation Safety Standards and OtherTransportation Safety Amendments – Part 71.

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

ML072330261

Security Requirements for Portable Gauges Containing Byproduct Material - Part30

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

ML070370332

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

(4/29/08)

2005-2 F

ML062000081

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

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

ML052920243

Minor Amendments-Part 20, 30, 32, 35, 40 and 70 71FR15005 (3/27/2009) 2006-1iNational Source Tracking System - Serialization Requirements - Part 32 withreference to Part 20 Appendix E

71 FR 65685 (2/6/07) 2006-2 P

ML072330265

iNational Source Tracking System - Part 20 71 FR 65865 (11/15/07) &

(11/30/07)

2006-37 P

ML072330265