June 14, 2004

Mr. Robert Owen, Chief

Bureau of Radiation Protection

Ohio Department of Health

P. O. Box 118

Columbus, OH 43216-0118

Dear Mr. Owen:

We have reviewed the final revisions to the Ohio regulations in Ohio Rule 3701: 1-38, “General

Radiation Protection Standards for Sources of Radiation”, Rule 3701: 1-40 “Licensing

Requirements for By-Product and Accelerator Produced Radioactive Materials”, Rule 3701: 1-

46 “General Licenses and Licenses for Manufacturing and Distribution”, and Rule 3701: 1-48,

“Radioactive Material Standards - Industrial Radiographers”, received by this office on April 30,

2004. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) regulations in 10 CFR Part 20, 30, 31, 32, 34 and 150 and the requirements

of the 6 amendments identified in the enclosed States Regulation Status Data Sheet (SRS). 

We discussed our review of the regulations with Michael Snee on June 9, 2004.

As a result of our review, we have three comments. Under our current procedure, a finding that

a State regulation meets the compatibility and health and safety categories of the equivalent

NRC regulation may only be made based on a review of the final State regulation. Please

provide a final, amended version of your rules showing the location of any changes made in

response to our comments. If there are any comments which the State believes are in error,

Ohio should identify the section of their regulations that meet the designated compatibility

category. Please note, that we have limited our review to regulations required for compatibility

and/or health and safety, but have determined that if these regulations are adopted,

incorporating our comments and 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.

The SRS Data Sheet summarizes our knowledge 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 Web Site: 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 me, or Patricia

Eng at (301) 415-7206 or PLE@NRC.GOV.

Sincerely,

\RA By K.N. Schneider For\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: 

As stated
June 14, 2004

Mr. Robert Owen, Chief

Bureau of Radiation Protection

Ohio Department of Health

P. O. Box 118

Columbus, OH 43216-0118

Dear Mr. Owen:

We have reviewed the final revisions to the Ohio regulations in Ohio Rule 3701: 1-38, “General

Radiation Protection Standards for Sources of Radiation”, Rule 3701: 1-40 “Licensing

Requirements for By-Product and Accelerator Produced Radioactive Materials”, Rule 3701: 1-

46 “General Licenses and Licenses for Manufacturing and Distribution”, and Rule 3701: 1-48,

“Radioactive Material Standards - Industrial Radiographers”, received by this office on April 30,

2004. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) regulations in 10 CFR Part 20, 30, 31, 32, 34 and 150 and the requirements

of the 6 amendments identified in the enclosed States Regulation Status Data Sheet (SRS). 

We discussed our review of the regulations with Michael Snee on June 9, 2004.

As a result of our review, we have three comments. Under our current procedure, a finding that

a State regulation meets the compatibility and health and safety categories of the equivalent

NRC regulation may only be made based on a review of the final State regulation. Please

provide a final, amended version of your rules showing the location of any changes made in

response to our comments. If there are any comments which the State believes are in error,

Ohio should identify the section of their regulations that meet the designated compatibility

category. Please note, that we have limited our review to regulations required for compatibility

and/or health and safety, but have determined that if these regulations are adopted,

incorporating our comments and 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.

The SRS Data Sheet summarizes our knowledge 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 Web Site: 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 me, or Patricia

Eng at (301) 415-7206 or PLE@NRC.GOV.

Sincerely,

\RA By K.N. Schneider For\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated

Distribution:

DIR RF [4-105] DCD (SP07) PDR (YES) JLynch BUsilton

 DSollenberger, ASP Ohio File Response to Incoming Document: ML041240504 

DOCUMENT NAME: C:\MyFiles\Copies\4-105.wpd *See previous concurrence. 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 PLEng* JGZabko* SATreby* JMPiccone*

DATE 05/18/04* 06/01/04 * 06/07/04 06/14/04 

ML041670402 OFFICIAL RECORD COPY

 
COMMENTS ON PROPOSED OHIO REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

Number State

Regulation 

 

NRC

Regulation

RATS 

 ID 

 

Category Subject and Comments

1 N/A 20.2203 1997-1 C REPORTS OF EXPOSURES, RADIATION

LEVELS, AND CONCENTRATIONS OF

RADIOACTIVE MATERIAL EXCEEDING

THE CONSTRAINTS OR LIMITS

The State did not include the new paragraphs

(a)(2)(vi) and did not revise 

paragraph (b)(1)(iv).

The State needs to include these changes 

in order to meet the essential objectives

of the regulation.

2 3701:1-38-

19H

20.2006 1998-6 B TRANSFER FOR DISPOSAL AND

MANIFESTS

State’s proposed regulations do not include

the phrase, “and transfer this recorded 

manifest information to the intended 

consignee in accordance with” in paragraph

(b).

The State needs to include the phrase, “and

 transfer this recorded manifest information to 

the intended consignee in accordance with”

3 3701: 1-46-

31 A

32.51a(d) 2001-1 B SAME: CONDITIONS OF LICENSES

(BYPRODUCT MATERIAL CONTAINED IN

DEVICES FOR USE UNDER §31.5;

REQUIREMENTS FOR LICENSE TO

MANUFACTURE; OR INITIALLY

TRANSFER/CONDITIONS OF LICENSES)

The State did not include paragraph (d) in 

their proposed regulations.

The State needs to revise their regulations to 

include the labeling requirements for 

transferred devices.
STATE REGULATION STATUS

 State: OHIO [Six Amendments reviewed are identified by a  Tracking Ticket N

 at the beginning of each equivalent NRC regulation.] Date: June 14, 2

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; (1/27/95) 1992-1Eliminating 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 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 EPAStandards-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 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 P

ML012340364

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 PML003772297

ML010330197

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

ML023250117

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 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-Parts20, 30, 40, 61, 70

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

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; CleanAir Act-Part 20

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

ML041240504

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

ML041240504

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 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 28948; (6/27/00) 1997-5 F

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 Carbon14 Urea-Part 30 62 FR 63634; (1/02/01) 1997-7 F ML041240504 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

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

Industrial Radiographic 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 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #4

Revision of the Skin Dose Limit-Part 20

67 FR 1629; (4/5/05) 2002-1

Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (4/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1

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

were found compatible.

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

these items.

Transfer for Disposal and Manifests: Minor Technical Conforming AmendmentPart 20 63 FR 50127; (11/20/01) 1998-6 F ML041240504 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 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

ML040920160

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML012500049 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 Byproduct Material - Parts 30, 31, 32

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

ML041240504