January 19, 2006

Donald A. Flater, Chief

Bureau of Radiological Health

Iowa Department of Public Health

401 S.W. 7th Street, Suite D

Des Moines, IA 50309

Dear Mr. Flater:

We have reviewed the proposed changes to the Iowa regulations, Amendment 641, received by

our office on December 20, 2005. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 35, 40, 70 and

NRC Order EA-05-090 Increased Controls Risk-Significant Radioactive Sources. We

discussed our review of the regulations with Dan McGhee on December 22, 2005 and with you

on January 3, 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. Under our current procedure,

a finding that the Iowa regulations meet the compatibility and health and safety categories of

the equivalent NRC regulation may only be made based on a review of the final Iowa

regulations. However, we have determined that if your proposed regulations were adopted,

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.

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 STP

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Iowa 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 website: http://www.hrsd.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 Lloyd

Bolling at 301-415-2327 or by e-mail at LAB@nrc.gov].

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
January 19, 2006

Donald A. Flater, Chief

Bureau of Radiological Health

Iowa Department of Public Health

401 S.W. 7th Street, Suite D

Des Moines, IA 50309

Dear Mr. Flater:

We have reviewed the proposed changes to the Iowa regulations, Amendment 641, received by

our office on December 20, 2005. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 35, 40, 70 and

NRC Order EA-05-090 Increased Controls Risk-Significant Radioactive Sources. We

discussed our review of the regulations with Dan McGhee on December 22, 2005 and with you

on January 3, 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. Under our current procedure,

a finding that the Iowa regulations meet the compatibility and health and safety categories of

the equivalent NRC regulation may only be made based on a review of the final Iowa

regulations. However, we have determined that if your proposed regulations were adopted,

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.

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 STP

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Iowa 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 website: http://www.hrsd.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 Lloyd

Bolling at 301-415-2327 or by e-mail at LAB@nrc.gov].

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF ([STP Tracking number]) SISP Review Complete

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

J. Lynch, RSAO-III G Non-Sensitive G Sensitive

L. Bolling, ASPO WRautzen Iowa File

DOCUMENT NAME: E:\Filenet\ML060200518.wpd Incoming Document:ML053550019

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 OGC STP:DD

NAME LBolling STreby KNSchneider for DRathbun

DATE 1/09/06* 1/18/06* 1/19/06*

ML 060200518 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Iowa 

 Tracking

Ticket

Number: 5-

381 

[4 amendments reviewed identified by a i 

 

Date:

Januar

y 19,

2006

at the beginning of the equivalent NRC requirement.] 

NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule /Lice

Condition

ML #5

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

P

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1

ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4

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

Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,3557 FR 45566; (none) 1992-2

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

Decommissioning Recordkeeping and License Termination: Documentation Additions

[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1

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

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical

Use-Parts 30, 32, 35

59 FR 61767; 59 FR 65243

60 FR 322; (1/1/98)

1995-1 F

P

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

P

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

ML036404

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 7061 FR 1109; (none) 1996-2
NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule /Lice

Condition

ML #5

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 2061 FR 65120; (1/9/00) 1997-1 F

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

ML036404

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

ML036404

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

ML036404

 Licenses 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

ML036404

F

ML050320

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

ML036404

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML036404

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 7063 FR 29535; (none) 1998-2 F

ML036404

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 P

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

ML036404

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

ML036404

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

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

ML036404

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

ML036404

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

ML036404

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material

- Parts 30, 31, 32

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

ML036404

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

ML036404

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

ML036404

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

ML053550

iCompatibility With IAEA Transportation Safety Standards and Other Transportation Safety

Amendments – Part 71.

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

ML05355
NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule /Lice

Condition

ML #5

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

iMedical Use of Byproduct Material - Recognition of Speciality Boards - Part 35 70 FR 16336; (4/29/08) 2005-2 P

ML053550

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

ML052520

P

ML053550

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 Policy

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

p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number

6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90

days to issue legally binding requirements satisfying the requirements of NRC Order EA-05-090.