November 28, 2006

Gary L. Robertson, Director

Office of Radiation Protection

Department of Health

7171 Cleanwater Lane, Building #5

P.O. Box 47827

Olympia, Washington 98504-7827

Dear Mr. Robertson:

We have reviewed the final revisions to the Washington Air Emissions Regulations WAC 246-

247 and WAC 246-248, received by our office on October 20, 2006. These regulations were

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

CFR Part 20 and the requirements of one amendment identified in the enclosed State

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

Conklin on November 21, 2006.

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 adopted, meet the compatibility and health and safety categories established in

the Office of State and Tribal Programs (STP) Procedure SA-200. 

Please note we previously reviewed these regulations in final form with no comments, on

October 25, 1999. Since the current review is the result of a restructuring of the regulations

and we have no comments, we will not need to re-review these regulations unless additional

changes occur before the regulations are issued. If there are any new changes to these

regulations we ask that you provide a copy of the “as published” regulations for our review, in

accordance with the Office of State and Tribal Programs (STP) Procedure SA- 201.

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 FSME website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the review results, 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

Randy Erickson at (817) 860-8143 (e-mail: rre@nrc.gov).

Sincerely,

\RA By KNSchneider For\

Scott Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures:

As stated
November 28, 2006

Gary L. Robertson, Director

Office of Radiation Protection-Department of Health

7171 Cleanwater Lane, Building #5

P.O. Box 47827

Olympia, Washington 98504-7827

Dear Mr. Robertson:

We have reviewed the final revisions to the Washington Air Emissions Regulations WAC 246-

247 and WAC 246-248, received by our office on October 20, 2006. These regulations were

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

CFR Part 20 and the requirements of one amendment identified in the enclosed State

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

Conklin on November 21, 2006.

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 adopted, meet the compatibility and health and safety categories established in

the Office of State and Tribal Programs (STP) Procedure SA-200. 

Please note, we previously reviewed these regulations in final form with no comments, on

October 25, 1999. Since the current review is the result of a restructuring of the regulations

and we have no comments, we will not need to re-review these regulations unless additional

changes occur before the regulations are issued. If there are any new changes to these

regulations we ask that you provide a copy of the “as published” regulations for our review, in

accordance with the Office of State and Tribal Programs (STP) Procedure SA- 201.

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 FSME website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the review results, 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

Randy Erickson at (817) 860-8143 (e-mail: rre@nrc.gov).

Sincerely,

\RA By KNSchneider For\

Scott Moore, 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 [6-276] 

RErickson, RSAO, RIV SUNSI Review Complete

DCD (x) PDR (YEST) : Publicly Available G Non-Publicly Available 

ASPO, O.Siurano : Non-Sensitive G Sensitive

LMcLean, RSAO, RIV California File Response to Incoming Document: ML062920179 

DOCUMENT NAME: C:\FileNet\ML063250177.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 RIV\RSAO FSME\MSSA\SAIS OGC FSME\MSSA:DD

NAME RErickson KSchneider FCameron SMoore

DATE 11/7/06* 11/09/06* 11/20/06* 11/28/06*

ML063250177 OFFICIAL RECORD COPY MLPkg.ML063250186
STATE REGULATION STATUS

STATE: Washington[1 Amendment reviewed identified by a i Trac

at the beginning of the equivalent NRC requirement.] Dat

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

LicenseCondition (LML #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 FR57877;58 FR 67657; 59 FR41641;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 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 F 

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 FR65243;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 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

LicenseCondition (LML #5

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

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 

iResolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML06296029

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

LicenseCondition (LML #5

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

ML03083047

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

ML03083047

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

65 FR 79162; (2/16/04) 2001-1 F8

ML04043010

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

ML04351023

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

ML06179030

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

ML06235020

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

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

 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; 71 FR 1926 2005-2 F 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

LicenseCondition (LML #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 comm3. 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 P

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

1995.

5. ADAMS ML Number 6. The Final State Regulations (Effective Date) of some regulations may be the date of adoption with the effective date occurring 3

according to Washington Statute.

7. 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

8. A re-review was completed on this item due to the change in compatibility category of 31.5 and 31.6. More information can be f

States Letter STP-05-072

(4/29/08) ML06179030

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 70 FR 72128; (12/1/05) 2005-3 LC

ML05322023

Minor Amendments - Part 20,30,32,35,40 and 70 71FR15005 (3/27/09) 2006-1