June 26, 2007

Terry Frazee, Western Regional Director

Office of Radiation Protection, Department of Health

P.O. Box 47827

Olympia, WA 98504

Dear Mr. Frazee:

We have reviewed the final changes to the Washington Administrative Code, Chapters 246-235

and 246-240, received by our office on May 15, 2007. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20,

32, and 35, and the requirements of the one amendment identified in the enclosed State

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

June 25, 2007.

As a result of our review, we have 10 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. We have determined that if these regulations are revised, 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 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 Washington, in response to our comments, 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 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.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

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

Sincerely,

\RA By D.Moore\

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
June 26, 2007

Terry Frazee, Western Regional Director

Office of Radiation Protection, Department of Health

P.O. Box 47827

Olympia, WA 98504

Dear Mr. Frazee:

We have reviewed the final changes to the Washington Administrative Code, Chapters 246-235 and

246-240, received by our office on May 15, 2007. These regulations were reviewed by comparison to

the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 32, and 35, and the

requirements of the one amendment identified in the enclosed State Regulation Status (SRS) Data

Sheet. We discussed our review of the regulations with you on June 25, 2007.

As a result of our review, we have 10 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. We

have determined that if these regulations are revised, 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 SA200.

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 Washington, in

response to our comments, 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 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.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 Randy Erickson at (817) 860-8143

(email: rre@nrc.gov). 

Sincerely,

\RA By D.Moore\

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

Distribution:

DIR RF (7-43) SUNSI Review Complete

DCD (SP08) : Publicly Available G Non-Publicly Available

[RErickson], RSAO : Non-Sensitive G Sensitive

Morendi [WA] File

DOCUMENT NAME:C:\FileNet\ML071770044.wpd Incoming Document:ML071370162

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 R:IV SAISB SAISB OGC SAIS:BC MSSA:DD

NAME RErickson MOrendi KSchneider FCameron DWhite SMoore

DATE 5/31/07* 5/31/07* 6/06/07* 6/20/07* 6/26/07* 6/26/07*

ML071770044 OFFICIAL RECORD COPY PKG.ML071770052
COMPATIBILITY COMMENTS ON WASHINGTON FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 WAC 246-

240-072

35.51 2006-1 B Training for an authorized medical

physicist.

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

072(2)(b). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.51.

2 WAC 246-

240-154

35.190 2006-1 B Training for uptake, dilution, and

excretion studies.

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

154(3)(b). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.190.

3 WAC 246-

240-163

35.290 2006-1 B Training for imaging and

localization studies.

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

163(3)(b). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.290.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 WAC 246-

240-210

35.390 2006-1 B Training for use of unsealed

byproduct material for which a

written directive is required.

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

210(2)(b)(vii)(E). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.390.

5 WAC 246-

240-213

35.392 2006-1 B Training for the oral

administration of sodium iodide

I–131 requiring a written directive

in quantities less than or equal to

1.22 gigabecquerels (33

millicuries).

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

213(2)(c). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.392.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

6 WAC 246-

240-216

35.394 2006-1 B Training for the oral

administration of sodium iodide

I–131 requiring a written directive

in quantities greater than 1.22

gigabecquerels (33

millicuries).

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

216(2)(c). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.394.

7 WAC 246-

240-219

35.396 2006-1 B Training for the parenteral

administration of unsealed

byproduct material requiring a

written directive.

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-219(5). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.396.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 WAC 246-

240-278

35.490 2006-1 B Training for use of manual

brachytherapy sources.

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

278(2)(c). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.490.

9 WAC 246-

240-281

35.491(b)(3) 2006-1 B Training for ophthalmic use of

strontium-90.

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

281(2)(c). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.491

10 WAC 246-

240-399

35.690 2006-1 B Training for use of remote

afterloader units, teletherapy units,

and gamma stereotactic

radiosurgery units.

Washington uses the word

“certification” instead of the word

“attestation” in WAC 246-240-

399(2)(c). 

Washington needs to modify the

current regulation by changing the

word “certification” to the word

“attestation” to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.690.
STATE REGULATION STATUS

STATE: Washington[1 amendment reviewed is identified by a i at the beginning of the equivalent NRC requirement.] 

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 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML06296029Recognition 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 F

ML07071701

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

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

the National Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be providseparate correspondence and the SRS sheet will be revised as appropriate.

(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 F

ML07137016

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

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

National Source Tracking System - Part 209 71 FR 65865 (11/15/07) &

(11/30/07)

2006-3