April 27, 2007

Robert E. 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 proposed changes to the final Ohio regulations 3701:1-46-05 of the Ohio

Administrative Code, received by our office on April 10, 2007. These regulations were reviewed

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

30, 31, 32 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 Michael

Snee on April 24, 2007.

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to hold in abeyance any determination on those rules and compatibility of 10 CFR 31.5

and 31.6, if the Agreement State has the essential elements of the NRC’s rule and is more

restrictive than the NRC’s rule. 

In our August 31, 2006 letter to you we had three comments. Comments one and two were

less restrictive than NRC’s regulations, while Comment three was more restrictive than NRC’s

regulations. After reviewing your submission we have determined that your regulations have

been changed to incorporate Comments one and two. However, since Comment three was

more restrictive Ohio chose to take no action at this time. 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 this comment.

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 the 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 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 FSME website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm.
Mr. Robert Owen -2- April 27, 2007

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

Monica Orendi at 301-415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA KNSchneider For\

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
Mr. Robert Owen -2- April 27, 2007

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

Monica Orendi at 301-415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA KNSchneider For\

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

Enclosures: As stated

Distribution:

DIR RF ([7-37]) SUNSI Review Complete 

DCD(SP07) : Publicly Available G Non-Publicly Available

JLynch, RSAO : Non-Sensitive G Sensitive

DSollenberger, ASPO MOrendi [OH] File

DOCUMENT NAME: C:\FileNet\ML071150004.wpd ML of Incoming Document:ML070950457

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 SAISB SAISB OGC SAIS:BC MSSA:DD

NAME Morendi KSchneider FCameron DWhite SMoore

DATE 04/12/07* 04/12/07* 04/23/07* 04/12/07* 04/25/07*

ML071150004 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON PROPOSED CHANGES TO OHIO FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 N/A 31.5(c)(13)(iv) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices and

certain devices for producing light

or an ionized atmosphere

Ohio has omitted the provisions 10

CFR 31.5(c)(13)(iv), regarding the

applicability of the registration

requirements for the GL devices

licensed by an Agreement State or by

the NRC, that are used in Ohio for less

than 180 days.

Ohio’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 petition and State of

Florida’s request on compatibility

changes for the GL rule.

COMMENT STANDS FROM LETTER

DATED 8-31-06.
STATE REGULATION STATUS

State: OHIO Tracking Ticket [1 Amendment reviewed is identified by a i Date: APRIL 27

at the beginning of the equivalent NRC regulation]

NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (PFinal (F)1 Ru

/ LicenseCondition (LML #4

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

ML02325011

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

ML02325011

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

ML04092016

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) 1992-1 F

ML06144010

Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 30,35

57 FR 45566; (none) 1992-2 F

ML06144010

Decommissioning Recordkeeping and License Termination: Documentation Additions[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

ML02325011

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 StandardsPart 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 F

ML06144010

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

ML04124050

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983 1995-3 F 
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (PFinal (F)1 Ru

/ LicenseCondition (LML #4

(3/1/98) ML04092016

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

ML02325011

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

ML04092016

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 P

ML04223006

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 P 

Termination or Transfer of Licensed Activities: Record Keeping Requirements-Parts 20,

30, 40, 61, 70

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

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

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

ML04190013

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

ML04124050

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

ML04223006

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 28948; (6/27/00) 1997-5 F

ML02325011

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 Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML04124050
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (PFinal (F)1 Ru

/ LicenseCondition (LML #4

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

(2/12/01)

1998-1 P

ML01038025ML01087034

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 IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F

ML04124050

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 

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

ML04190013

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 F

ML06058002

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

ML04092016

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

65 FR 20337; (5/17/03) 2000-1 F

ML02325011

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F

ML02325011

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

65 FR 79162; (2/16/04) 2001-1 R8,9

ML07095045
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (PFinal (F)1 Ru

/ LicenseCondition (LML #4

1. For 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. 

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-05-090.

8. A re-review was completed on this item due to change in compatibility of 31.5 and 31.6. More information can be found in the 

letter STP 05-072.

9. R stands for proposed changes made to final regulations.

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

ML04223006

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

ML06144010

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

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

ML06317045

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

ML06242913

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

(4/29/08)

2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 70 FR 72128; (12/1/05) 2005-3 LC

ML05312014

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 refereneceto Part 20 Appendix E

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

ML07038048

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

(11/30/07)

2006-3 P

ML07038048