September 4, 2007

Terry D. Lindsey, Manager

Radiation Protection Services Section

Office of Environmental Public Health

Public Health Division

Department of Human Services

800 NE Oregon Street, Suite 640

Portland, Oregon 97232

Dear Mr. Lindsey:

We have reviewed the final revision to the Oregon Administrative Rules (Div. 333), Radiation

Protection Services, as received by our office on July 3, 2007. These regulations were

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

CFR Parts 20, 30, 31, 32, 34, 39, 71 and 150; and the requirements of the seven amendments

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

of the regulations with you on August 28, 2007.

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. 

Seven comments identified in the enclosure will be held in abeyance 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 these comments. 

As a result of the remainder of our review, we have one comment that has been identified in the

enclosure, which was previously addressed in our letter dated December 21, 2006. We have

also identified two new comments regarding a provision of your regulations that was previously

reviewed and addressed in the December 21, 2006, letter. Please note that we have limited our

review to regulations required for compatibility and/or health and safety. We have determined

that if the regulations are revised, incorporating our comments and without other significant

changes, 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 you revise your regulations to address our comments, 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 location of any changes made

by Oregon, in response to our comments, and provide a copy to Division of Materials Safety

and State Agreements, FSME.
Terry Lindsay, Manager -2- September 4, 2007

The SRS Data Sheet summarizes our knowledge of the status of other Oregon 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 (kxs@nrc.gov) or Kim Lukes

at 301-415-6701 (kxk2@nrc.gov).

Sincerely,

\RA By ADWhite\

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
Terry Lindsay, Manager -2- September 4, 2007

The SRS Data Sheet summarizes our knowledge of the status of other Oregon 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 (kxs@nrc.gov) or Kim Lukes

at 301-415-6701 (kxk2@nrc.gov).

Sincerely,

\RA By ADWhite\

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 (7-51) SUNSI Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available

Linda McLean, RSAO : Non-Sensitive G Sensitive

William Rautzen

Dennis Sollenberger

JTobin Oregon File

DOCUMENT NAME: C:\FileNet\ML072470108.wpd ML of Incoming Document:ML071870477

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 SAIS SAIS OGC SAIS:BC MSSA:DD

NAME KKarcagi KSchneider FCameron DWhite RLewis

DATE 7/23/07* 8/02/07* 8/22/07* 8/02/07* 9/04/07* 

ML072470108 OFFICIAL RECORD COPY PKG.ML072440139
COMPATIBILITY COMMENTS ON OREGON FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 333-120-

0210(1)(b)

§20.1502 1998-5 H&S Conditions requiring individual

monitoring of external 

and internal occupational dose

Oregon addressed previous comment

from December 21, 2006, letter on its

regulation in 333-120-0210. 

However, through further review of

this provision, Oregon’s regulation in

333-120-0210(1)(b) differs from

equivalent NRC regulations by not

including the requirements for the

deep dose equivalent, lens dose

equivalent, and shallow dose

equivalent for minors. 

Oregon needs to adopt the essential

objectives of the requirements for the

occupational exposure to minors in

333-120-0210(1)(b) to meet the

Category H&S designation assigned

to section 10 CFR 20.1502.

2 333-120-

0210(2)(b)

§20.1502 1998-5 H&S Conditions requiring individual

monitoring of external 

and internal occupational dose

Oregon addressed previous comment

from December 21, 2006, letter on its

regulation in 333-120-0210. 

However, through further review of

this provision, Oregon’s regulation in

333-120-0210(2)(b) differs from

equivalent NRC regulations by

stipulating the requirements for the

deep dose equivalent, lens dose

equivalent, and shallow dose

equivalent for minors rather than the

committed effective dose equivalent. 

Oregon needs to adopt the essential

objectives of the requirements for the

committed effective dose equivalent

to minors in 333-120-0210(2)(b) to

meet the Category H&S designation

assigned to section 10 CFR 20.1502.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

3 333-105-

0530

§34.43 1997-5 B Training

Oregon’s regulation in 333-105-0530

does not address a previous

comment from the December 21,

2006, letter from NRC that indicated

that Oregon needs to remove the “at

least 40 hours” training requirement

for a radiographer in

333.105.0530(1)(b). Also, Oregon

includes additional training

requirements in 333-105-0530(a) and

(b) that are more stringent than

equivalent NRC requirements,

“...and/or one month (160 hours) of

active participation in the

performance of industrial radiography

utilizing radiation machines.

Individuals performing industrial

radiography utilizing radioactive

materials and radiation machines

must complete both segments of the

on the job training (3 months or 480

hours).”

Oregon needs to remove the

reference to number of hours of

training specified in 333-105-0530 to

meet the Compatibility Category “B”

designation assigned to 10 CFR

34.43.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 333-102-

0115(4)(d)

§31.5(c)(4) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Oregon regulations require records to

be retained for five years. This is

more stringent than NRC rule

requirement of three years.

Oregon’s rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

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 State

on compatibility changes for the GL

rule.

COMMENT STANDS (HELD IN

ABEYANCE)
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 333-102-

0115(6)

§31.5(c)(11) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Oregon regulations omitted

requirements allowing more than 30

days for response or any other

specified time requests. This is more

stringent than NRC rule requirement

of three years.

Oregon’s rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

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 State

on compatibility changes for the GL

rule.

COMMENT STANDS (HELD IN

ABEYANCE)
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

6 333-102-

0115(8)

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

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Oregon regulations require all GL

devices to be registered with the

Agency. Oregon’s rule has the

essential elements of the NRC, but is

more restrictive than the NRC’s GL

rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

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 State

on compatibility changes for the GL

rule.

COMMENT STANDS (HELD IN

ABEYANCE)
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

7 333-102-

0115(8)

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

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Oregon regulations require GL

devices containing more than 370

MBq (10 mCi) of cesium-137, 3.7

MBq (0.1 mCi) of strontium-90, 37

MBq (1 mCi) of cobalt-60, any

quantity of americium-241 or any

other transuranic (i.e., element with

atomic number greater than uranium

(92)), to have a specific license. 

Oregon’s rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

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 State

on compatibility changes for the GL

rule.

COMMENT STANDS (HELD IN

ABEYANCE)
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 333-102-

0115(10)

§31.5(c)(14) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Oregon regulations omitted a

provision for portable devices

requiring a report of address change

only if the device’s primary place of

storage has changed. Oregon’s rule

has the essential elements of the

NRC, but is more restrictive than the

NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

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 State

on compatibility changes for the GL

rule.

COMMENT STANDS (HELD IN

ABEYANCE)
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

9 333-102-

0115(11)

§31.5(c)(15) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Oregon regulations require generally

licensed devices that are not in use

for longer than 2 years must be

transferred to an authorized recipient

or disposed of as radioactive waste.

Oregon’s rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

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 State

on compatibility changes for the GL

rule. 

COMMENT STANDS (HELD IN

ABEYANCE)

10 333-102-

0247(3)

§32.52(c) 2001-1 B Same: material transfer reports

and records

Oregon regulation requires records to

be retained for 5 years. This is more

stringent than NRC rule requirement

of three years. Oregon’s rule has the

essential elements of the NRC, but is

more restrictive than the NRC’s GL

rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

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 State

on compatibility changes for the GL

rule.

COMMENT STANDS (HELD IN

ABEYANCE)

STATE REGULATION STATUS

State: Oregon Tracking Tick[7 Amendments reviewed identified by an i at Date: the beginning of each 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 F

ML023450

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

ML023450

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F

ML023450

Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 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

ML023450

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

ML023450

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 Standards-Part 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 F

ML023450
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 for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;60 FR 322; (1/1/98)

1995-1 F

ML023450

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 F

ML063110

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

ML023450

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

ML071870

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

ML063110

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

ML063110

i10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1 F

ML071870

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

ML023450

iResolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML071870

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within

an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F

ML023450

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

ML023450

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

iLicenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 F

ML071870
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML 

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

ML023450

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML063110Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 F

ML023450

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

ML023450

iMinor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20 63 FR 39477; 63 FR 45393;

(10/26/01)

1998-5 F

ML071870

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

ML063110

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 P

ML061020

iEnergy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 F

ML071870

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

ML063110

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

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

ML071870

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

ML063110

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

ML063110
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. 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.

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

ML063110

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) 2005-1 F

ML063110

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

(4/29/08)

2005-2 F

ML063110

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

ML052870

Minor Amendments - Part 20,30,32,35,40 and 70 71FR15005 (3/27/09) 2006-1National Source Tracking System - Serialization Requirements - Part 32 with reference to Part20 Appendix E

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

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

(11/30/07)

2006-37