February 23, 2007

Melanie Rasmussen, Chief

Bureau of Radiological Health

Iowa Department of Public Health

Lucas Office Building - 5th Floor

321 East 12th Street

Des Moines, IA 50319

Dear Ms. Rasmussen:

We have reviewed the proposed changes to the Iowa Radiation Machines and Radioactive

Materials regulations received by our office on January 16, 2007. These regulations were

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

CFR Parts 20 and 35, the changes associated with the Iowa annual review for compatibility,

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 Dan McGhee on

February 20, 2007.

Please note that one comment identified in the enclosure discusses a proposed change to a

final Iowa regulation which had previously been determined to be compatible with NRC’s

regulations. This provision implemented the General License (GL) amendment. By letter dated

August 31, 2006, the NRC provided Iowa the results of our compatibility review of the final Iowa

GL amendment which was determined to meet the compatibility requirements of the equivalent

NRC regulations. The proposed changes to the Iowa GL amendment are more restrictive. As

noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff is

continuing to review Agreement State GL Device proposed and final rules, but will hold in

abeyance any determination on those rules and compatibility of those rules, if the Agreement

State has the essential elements of the NRC’s rule and is more restrictive than the NRC’s rule. 

Thus, if Iowa proceeds with the revision the State’s regulation will be more restrictive than the

NRC’s regulation. Until such time as a decision on the petition for rulemaking, as discussed in

STP-05-072 , is reached, no corrective action will be required for this comment. 

As a result of the remainder of our review, we have three additional 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 Iowa

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 Iowa 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 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 the final

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

Federal and State Materials and Environmental Management Programs (see letter FSME 06-94

dated October 6, 2006 for further information).
Melanie Rasmussen -2- February 23, 2007

The SRS Data Sheet summarizes our knowledge of the status of other Iowa 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.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 Kathleen

Schneider, State Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or

Andrew Mauer at 301-415-3962 (email: anm@nrc.gov).

Sincerely,

\RA By KNSchneider For\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: 

As stated

cc: Dan McGhee

 Charlene Craig
Melanie Rasmussen -2- February 23, 2007

The SRS Data Sheet summarizes our knowledge of the status of other Iowa 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.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 Kathleen

Schneider, State Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or

Andrew Mauer at 301-415-3962 (email: anm@nrc.gov).

Sincerely,

\RA By KNSchneider For\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated

cc: Dan McGhee

 Charlene Craig

Distribution:

DIR RF (7-7) SUNSI Review Complete

DCD (SP07) : Publicly Available G Non-Publicly Available

JLynch, RSAO : Non-Sensitive G Sensitive

LBolling, ASPO MOrendi [IA] File

DOCUMENT NAME: C:\FileNet\ML070400210.wpd ML of Incoming Document:ML070170181

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 SAISB MSEAB SAIS OGC SAIS:BC MSSA:DD

NAME ANMauer MOrendi KSchneider FCameron PRathbun SMoore

DATE 01/30/07* 01/30/07* 01/31/07* 02/17/07* 02/23/07* 02/23/07*

ML070400210 OFFICIAL RECORD COPY 
COMPATIBILITY COMMENTS ON IOWA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 39.4(22)”d

”(3)13

§31.5(c)(13)(i) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere

Iowa is requiring the registration of

smaller quantities of radioactive

material than NRC. Iowa’s rule has

the essential elements of the NRC

rule, but is more restrictive than the

NRC’s GL rule.

Iowa needs to change the quantities

listed in 39.4(22)”d”(3)13 to match

those listed in 10 CFR 31.5(c)(13(i) in

order to meet the Compatibility

Category B designation assigned to

10 CFR 31.5 (c).

As noted in the September 28, 2005

letter to all Agreement States (STP05-072), the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement

States’ petition and the State of

Florida’s request on compatibility

changes for the GL rule.

2 41.2(67) §35.190 2005-2 B Training for uptake, dilution, and

excretion studies

The reference inserted by Iowa of

41.2(76) needs to be removed.

41.2(76) references a 3-month

training program which the NRC does

not recognize.

Iowa needs to remove the reference

to 41.2(76) from 41.2(67) in order to

meet the Compatibility Category B

designation assigned to 10 CFR

35.190.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

3 41.2(68) §35.290 2005-2 B Training for imaging and

localization studies

The reference inserted by Iowa of

41.2(76) needs to be removed.

41.2(76) references a 3-month

training program which the NRC does

not recognize.

Iowa needs to remove the reference

to 41.2(76) from 41.2(68) in order to

meet the Compatibility Category B

designation assigned to 10 CFR

35.290.

4 41.2(76) N/A N/A N/A Iowa’s regulation regarding Physician

training in a three-month program

should be removed from Iowa’s

regulations. NRC does not currently

recognize this as an accepted training

program and feels that currently any

person to whom this rule applied will

be covered by 10 CFR 35.57 (Iowa

equivalent 41.2(75)).

Iowa should remove 41.2(76) from its

regulations to meet the Compatibility

B designation assigned to 10 CFR

35.190 and 35.290.
STATE REGULATION STATUS

State: Iowa Tracking T[ 3 amendments reviewed identified by a i at the Da

beginning of the equivalent NRC requirement]

 NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 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) 1991-4Quality 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 

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

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

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
 NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

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 R8

ML003692

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part20 

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 R8

ML003692

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

ML03364

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 F 

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

ML03364

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

ML03364

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 F

ML03364
 NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

 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

ML05032

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F

ML03364

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14

Urea-Part 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

ML03364

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing

Licensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 F

ML03364

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 R8

ML003692

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

ML03364

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F

ML03364

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 

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

ML03364

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML03364
 NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

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

ML03364

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

65 FR 79162; (2/16/04) 2001-1 R7,8

ML07003

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

ML03364

Medical Use of Byproduct Material - Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2 F

ML03364

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

ML05355

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

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

ML05355

Security Requirements for Portable Gauges Containing Byprodcut Material - Part 30 70 FR 2001; (7/11/08) 2005-1iMedical Use of Byproduct Material - Recognition of Speciality Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2 R8

ML07003

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)6 70 FR 72128; (12/1/05) 2005-3 P

ML05355LCML05252

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1
 NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

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 

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

1995.

5. ADAMS ML Number6. 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. A re-review was completed on this item due to change in compatibility of 31.5 and 31.6. More information can be found in the 

letter STP 05-072.

8. R stands for proposed changes to a "final" rule that had previously been reviewed by NRC. The State will need to submit a co

regulations of these changes for NRC review as a final regulation.

National Source Tracking System - Serialization Requirements - Part 32 with refereneceto Part 20 Appendix E

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

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

(11/30/07)

2006-3 P

ML07003