November 20, 2007

Mr. Roland G. Fletcher, Manager

Radiological Health Program

Air and Radiation Management Administration

Maryland Department of the Environment

1800 Washington Blvd.

Baltimore, MD 21230

Dear Mr. Fletcher:

We have reviewed the proposed changes to the Maryland Radiological Health Rules COMAR

26.12.01.01 “Regulations for the Control of Ionizing Radiation (1994)”, received by our office on

October 30, 2007. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Part 71 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 Ray Manley on November 20, 2007.

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 proposed, 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 any final changes 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 Maryland 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 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

Jenny Tobin at 301-415-2328 (email: jct1@nrc.gov).

Sincerely,

\RA By A.D.White For\

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
November 20, 2007

Mr. Roland G. Fletcher, Manager

Radiological Health Program-Air and Radiation Management Administration

Maryland Department of the Environment

1800 Washington Blvd.

Baltimore, MD 21230

Dear Mr. Fletcher:

We have reviewed the proposed changes to the Maryland Radiological Health Rules COMAR

26.12.01.01 “Regulations for the Control of Ionizing Radiation (1994)”, received by our office on

October 30, 2007. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Part 71 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 Ray Manley on November 20, 2007.

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 proposed, 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 any final changes 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

Maryland 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 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

Jenny Tobin at 301-415-2328 (email: jct1@nrc.gov).

Sincerely,

\RA By A.D.White For\

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 (7-81) MOrendi, ASPO SUNSI Review Complete

DCD (SP05) [MD]File : Publicly Available G Non-Publicly Available

DJanda, RSAO : Non-Sensitive G Sensitive

DOCUMENT NAME: C:\FileNet\ML073240836.wpd ML of Incoming Document:ML072960361

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 DILR/ILB SAISB SAISB OGC SAIS:BC MSSA:DD

NAME JTobin MOrendi KSchneider FXCameron DWhite RLewis

DATE 11/02/07* 11/02/07* 11/05/07* 11/19/07* 11/20/07* 11/20/07*

ML073240836 OFFICIAL RECORD COPY MLPKML073240888
STATE REGULATION STATUS

State: Maryland Tracking Ticket Num[1 Amendment was reviewed and is identified by a i Date: November 20

at the beginning of the equivalent NRC requirement.] 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose/ Final (F

Rule / LiConditio(LC) ML 

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

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

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 

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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose/ Final (F

Rule / LiConditio(LC) ML 

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 FML05138Recognition 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

ML05138

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

ML02112

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

ML02112

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

ML02112

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML05138Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 F

ML05138

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

ML05110

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

ML05110

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

(State Due Date)

RATS ID

Propose/ Final (F

Rule / LiConditio(LC) ML ML05110

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 Byproduct Materialto 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

ML05110

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

ML05110

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

ML07171

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

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

ML07198

Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 F

ML07171

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

ML07134

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

ML07171

iCompatibility with IAEA Transportation Safety Standards and Other Transportation Safety

Amendments - Part 71

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

ML07296

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 P

ML07134

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

(4/29/08)

2005-2 P

ML07134

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

ML05304

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose/ Final (F

Rule / LiConditio(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.

National Source Tracking System - Part 20 71 FR 65865, 72 FR 59162 

(01/31/09)

2006-3

Medical Use of Byproduct Material - Minor Corrections and Clarifications - Parts 32 and 35 72 FR 45147, 54207

(10/29/10)

2007-1