October 19, 2006

Leslie Foldesi, Director

Division of Radiological Health

Department of Health

P.O. Box 2448

Richmond, VA 23218

Dear Mr. Foldesi:

We have reviewed the final revision to the Commonwealth of Virginia regulations for Radiation

Protection, received by our office on June 21, 2006. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19,

20, 30, 31, 32, 34, 35, 36, 39, 40, 61, 70, 71, and 150. We discussed our review of the

regulations with you on October 18, 2006.

As a result of our review, we have 96 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 State and Tribal Programs (STP) Procedure

SA-200.

We request that when you revise your regulations to address our comments, a copy of the

revised regulations, as proposed, be provided to us for review. As requested in STP Procedure

SA-201, “Review of State Regulatory Requirements,” please highlight the location of any

changes made by Virginia, in response to our comments and provide a copy to STP.

Please let us know if you note any inaccuracies, or have any comments on the information

contained in the Enclosure. 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 Shawn

Rochelle Smith at 301-415-2620 or by e-mail at srs3@nrc.gov.

Sincerely,

\RA By S.W. 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
October 19, 2006

Leslie Foldesi, Director

Division of Radiological Health

Department of Health

P.O. Box 2448

Richmond, VA 23218

Dear Mr. Foldesi:

We have reviewed the final revision to the Commonwealth of Virginia regulations for Radiation

Protection, received by our office on June 21, 2006. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19,

20, 30, 31, 32, 34, 35, 36, 39, 40, 61, 70, 71, and 150. We discussed our review of the

regulations with [name of State person contacted] on [Date].

As a result of our review, we have 96 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 State and Tribal Programs (STP) Procedure

SA-200.

We request that when you revise your regulations to address our comments, a copy of the

revised regulations, as proposed, be provided to us for review. As requested in STP Procedure

SA-201, “Review of State Regulatory Requirements,” please highlight the location of any

changes made by Virginia, in response to our comments and provide a copy to STP.

Please let us know if you note any inaccuracies, or have any comments on the information

contained in the Enclosure. 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 Shawn

Rochelle Smith at 301-415-2620 or by e-mail at srs3@nrc.gov.

Sincerely,

\RA By S.W. 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 (6-187 to 6-190) SUNSI Review Complete

DCD (SP05) : Publicly Available 9 Non-Publicly Available

DWhite, RSAO : Non-Sensitive 9 Sensitive

NMcNamara, RSLO Wrautzen ML of Incoming Document:ML061740291 

DOCUMENT NAME: C:\FileNet\ML062960007.wpd 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 FSME/RM FSME/MSSA FSME/MSSA OGC FSME/MSSA:DD

NAME OSiurano Ssmith KSchneider STreby SMoore

DATE 9/21/06* 9/21/06* 9/21/06* 10/16/06* 10/19/06*

 ML062960007 OFFICIAL RECORD COPY MLPKG.062960037
COMPATIBILITY COMMENTS ON VIRGINIA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 12 VAC

5-481-10

20.1003

A

A

A

Definitions

Declared Pregnant Woman

Virginia’s definition of “declared

pregnant woman” is different from

that listed in 10 CFR 20.1003. 

However Virginia also adopts this

definition by reference in its

regulations. 

Virginia needs to eliminate this

definition in 12VAC 5-481-10 and

leave in the adoption by reference to

meet the Compatibility Category A

designation assigned to Declared

pregnant woman in 10 CFR 20.1003.

Lens dose equivalent 

Virginia’s uses the term “eye dose

equivalent” for lens dose equivalent,

which is similar but not identical to the

definition listed in 10 CFR 20.1003. 

However Virginia also adopts this

definition by reference, which creates

a duplication and conflict. 

Virginia needs to eliminate this

definition in 12VAC 5-481-10 and

leave in the adoption by reference to

meet the Compatibility Category A

designation assigned to Lens dose

equivalent in 10 CFR 20.1003.

Survey

Virginia’s definition of “survey” is

different from the definition of survey

in 10 CFR 20.1003. However Virginia

also adopts this definition by

reference in its regulations.

 Virginia needs to eliminate this

definition in 12VAC 5-481-10 and

leave in the adoption by reference to

meet the Compatibility Category A

designation assigned to Survey in 10

CFR 20.1003.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

2 20.1401 C General provisions and scope

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 20.1401.

3 20.1402 C Radiological Criteria for Restricted

Use

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 20.1402.

4 20.1403 C Criteria for license termination

under restricted use

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 20.1403.

5 20.1404 C Alternate Criteria for license

termination

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 20.1404.
6 20.1405 C Public Notification and public

participation

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 20.1405.

7 20.1406 C Minimization of contamination

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 20.1406.

8 12 VAC 5-

481-860

20.1902 A Posting Requirements

Virginia cites the wrong Federal

Register when adopting by reference.

Virginia needs to change the Federal

Register references for 10 CFR

20.1902 from 63 FR 39482 July 23,

1998 to 56 FR 23402, May 21, 1991,

and 60 FR 20185 April 25, 1995 to

meet the Compatibility Category A

designation assigned to 10 CFR

20.1902.

9 12 VAC 5-

481-1040

20.2106 (a) & (e) C Records of individual monitoring

results

Virginia adopts the wrong regulation

by reference and cites the wrong FR

notices.

Virginia needs to adopt 10 CFR

20.2106 by reference instead of 10

CFR 20.2107 and reference 56 FR

23405, May 21, 1991, 60 FR 20186,

April 25, 1995 and 63 FR 39483, July

23, 1998, to meet the Compatibility

Category C designation assigned to

10 CFR 20.2106.
10 12 VAC 5-

481-1100

20.2202

(a)(b)(c)(d)

C Notification of incidents

Virginia adopts the wrong regulation

by reference.

Virginia needs to adopt 10 CFR

20.2202 by reference instead of 10

CFR 20.2107 and reference 56 FR

23406, May 21, 1991, 56 FR 40766,

August 16, 1991, 57 FR 57879,

December 8, 1992, 59 FR 14086,

March 25, 1994, and 63 FR 39483,

July 23, 1998, to meet the

Compatibility Category C designation

assigned to 10 CFR 20.2202.

11 12 VAC 5-

481-1110

20.2203 (a)(b) C Reports of exposures, etc,

exceeding the limits

Virginia adopts the wrong amended

regulation by reference. 

Virginia needs to adopt 10 CFR

20.2203 and reference 56 FR 23406,

May 21, 1991, 60 FR 20186, April 25,

1995, 68 FR 14308a, March 25,

2003, and 68 FR 58801, October 10,

2003, in addition to 61 FR 65127

December 10, 1996, to meet the

Compatibility Category C designation

assigned to 10 CFR 20.2203.

12 12 VAC 5-

481-1110

20.2203(c) NRC Reports of exposures, etc,

exceeding the limits

Virginia has included all the

provisions of 20.2203 in its adoption

by reference, including 20.2203(c),

which is reserved to the NRC.

Virginia needs to delete 10 CFR

20.2203(c) from its regulations to

meet the Compatibility Category NRC

assigned to 10 CFR 20.2203(c).
13 10 CFR Part 20

Appendix A

B Protection Factors for Respirators

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical rule to meet the

Compatibility Category B designation

assigned to 10 CFR Part 20 Appendix

A.

14 10 CFR Part 20

Appendix B

(Tables 1,2, &3)

A Annual Limits on Intakes (ALIs),

Derived Air Concentrations (DACs),

of Radionuclides for Occupational

Exposure; Effluent Concentrations;

Concentrations for Release to

Sewerage

Virginia makes reference to the

values in the Tables in 10 CFR Part

20 Appendix B [see 12 VAC 5-481-

2240 (A)]. However, the State rules

do not include an equivalent to these

tables nor they are adopted by

reference. 

Virginia needs to adopt an identical

rule to meet the Compatibility

Category A designation assigned to

10 CFR Part 20 Appendix B (Tables

1, 2, and 3).

15 10 CFR Part 20

Appendix C

A Quantities of licensed materials

requiring labeling

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an identical

rule to meet the Compatibility

Category A designation assigned to

10 CFR Part 20 Appendix C.
16 10 CFR Part 20

Appendix G

B Requirements for Transfers of

Low-Level Radioactive waste

intended for disposal at licensed

land disposal facilities and

Manifests

Virginia has omitted this section from

its regulations.

Virginia needs to include an

essentially identical rule to meet the

Compatibility Category B designation

assigned to 10 CFR Part 20 Appendix

G.

17 12 VAC 5-

481-10

20.1003, 30.4,

40.4, 70.4

30.4

C

B

Definitions

Decommission

Virginia has omitted the definition of

“decommission” from its regulations.

Virginia needs to adopt the essential

elements of this definition to meet the

Compatibility Category C designation

assigned to this definition in 10 CFR

Parts 20.1003, 30.4, 40.4, and 70.4.

Sealed Source

Virginia’s definition of “sealed source”

is different from the definition of

sealed source in 10 CFR 30.4.

Virginia needs to adopt the NRC

definition for sealed source to meet

the Compatibility Category B

designation assigned to this definition

in 10 CFR Part 30.4.

18 30.10, 40.10,

70.10 and 71.8

C Deliberate Misconduct

Virginia has omitted the Deliberate

Misconduct rule from its regulations.

Virginia needs to adopt the essential

elements of this rule to meet the

Compatibility Category C designation

assigned to 10 CFR Parts 30.10,

40.10, 70.10 and 71.8.
19 30.21 B Radioactive drug: Capsules

containing carbon-14 urea for “in

vivo” diagnostic use for humans

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 30.21.

20 30.32(g) C Application for specific licenses

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 30.32(g).

21 30.32 (I) H&S Application for specific licenses

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

30.32(I).

22 30.34 (I) C Terms and conditions of licenses

Virginia has omitted the security

requirements for portable gauges

section from its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 30.34(I)
23 12 VAC 5-

481-450 (F)

30.35 (a) (b) (d)

& (g)

H&S Financial Assurance and

recordkeeping for

decommissioning

Virginia has omitted most of the

required rule text in this section of its

regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

30.35(a)(b)(d)&(g).

24 12 VAC 5-

481-510

30.36 

(c)(d)(e)(g)(h)(j)

(k)

H&S Expiration and termination of

licenses and decommissioning of

sites and separate buildings

outdoor areas

Virginia has omitted equivalent rules

for 10 CFR Parts 30.36(e) and (g)

from its regulations.

Virginia has omitted the 24-month

limit for decommissioning as required

in 10 CFR Part 30.36 (h)(1). 

Virginia also omitted provisions

requiring that surveys and information

on decommissioning demonstrate

that premises are suitable for release

in accordance with criteria in 10 CFR

Part 20, Subpart E, as requested in

10 CFR Part 30.36(k)(3)(I) and (ii). 

Virginia needs to adopt the essential

elements of these requirements to

meet the Compatibility Category H&S

designation assigned to 10 CFR

30.36.

25 30.51 (a)(b) C Records

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 30.51.
26 30.51 (d)(e)(f) H&S Records

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

30.51.

27 30.70 B Schedule A-exempt concentrations

table

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 30.70.

28 30.71 B Schedule B-exempt quantity table

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 30.71.

29 30.72 H&S Schedule C-Quantities of

radioactive materials requiring

consideration of the need for an

emergency plan for responding to

a release

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

30.72.
30 10 CFR Part 30

Appendix B

B Quantities of licensed material

requiring labeling

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR Part 30,

Appendix B.

31 12 VAC 5-

481-10

32.2

[A]

B

Definitions

Dose Commitment

Virginia has omitted the definition of

“dose commitment” from its

regulations.

Virginia needs to adopt an identical

definition to meet the Compatibility

Category A designation assigned to

10 CFR 32.2.

Lot Tolerance Percent Defective

Virginia has omitted the definition of

“lot tolerance percent defective” from

its regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to 10 CFR 32.2.
32 12 VAC 5-

480-A (1)(a)

32.11(c) B Introduction of byproduct material

in exempt concentrations into

products or materials and transfer

of ownership or possession:

Requirements for license

Virginia has wrongly referenced

Appendix C in this section of its

regulations instead of the Exempt

Concentrations table found in 10 CFR

Part 30.70.

Virginia needs to reference the

Exempt Concentrations table in its

equivalent to 10 CFR 30.70,

Schedule A, instead of Appendix C, to

meet the Compatibility Category B

designation assigned to 10 CFR

32.11.

33 32.13 C Introduction of byproduct material

in exempt concentrations into

products or materials and transfer

of ownership or possession:

Prohibition of introduction

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 32.13.

34 32.17 B Resins containing scandium-46

and designed for and

consolidations in oil wells:

Requirements for license to

manufacture, or initially transfer

for sale or distribution

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

compatibility Category B designation

assigned to 10 CFR 32.17
35 12 VAC 5-

481-3580

32.24 B Same: Table of organ doses

Virginia’s values in this table are

different from the values listed in the

table under 10 CFR Part 32.24.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 32.24.

36 12 VAC

5-481-480

(D)

32.51 B Byproduct material contained in

devices for use under §31.5: 

Requirements for license to

manufacture or initially transfer 

Virginia did not include the phrase “or

initially transfer” after “manufacture.” 

Virginia needs to include this phrase

into 12 VAC 5-481-480(D) to meet

the Compatibility Category B

designation assigned to 10 CFR

32.51.

37 12 VAC 5-

480 (D) (4)

(a) & (b)

32.51 a B Same: Conditions of licenses

Virginia has omitted the bankruptcy

requirement in 10 CFR Part 32.51

a(e) in this section of its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 32.51a(e).

38 12 VAC 5-

480(D)(c)

32.52 B Same: Material transfer reports

and records

Virginia has omitted the 3-year

recordkeeping requirement in this

section of its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 30.52.
39 12 VAC

5-481-480

(E)

32.53 B Luminous safety devices for use in

aircraft: Requirements for license

to manufacture, assemble, repair

or initially transfer

Virginia omitted the phrase “initially

transfer” after the word “repair” in the

initial sentence of this section.

Virginia needs to include this phrase

to meet the Compatibility Category B

designation assigned to 10 CFR

30.53.

40 12 VAC 5-

481-480(F)

32.57 B Calibration or reference sources

Am-241: Requirements for license

to manufacture or initially transfer

Virginia omitted the phrase “or initially

transfer” after “manufacture”. 

Virginia needs to include this phrase

into this section to meet the

Compatibility Category B designation

assigned to 10 CFR 32.57.

41 12 VAC 5-

480 (J)

32.72 B Manufacture, preparation, or

transfer for commercial

distribution of radioactive drugs

containing byproduct material for

medical use under Part 35

Virginia has omitted the

“Radiopharmacy Rule” in this section

of its regulations. There are also

outdated references (i.e., group

medical licenses).

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 32.72.

42 32.110 B Acceptance sampling procedures

under specific licenses

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 32.110.
43 12 VAC 5-

481-10

34.3

B

Definitions

Temporary Jobsite

Virginia did not include a provision for

storing radioactive materials in

jobsites other than those authorized

in the license.

Virginia needs to include this

provision in this definition and adopt

an essentially identical definition to

meet the Compatibility Category B

designation assigned to this definition

in 10 CFR 34.3.

44 12 VAC 5-

481-1290

34.35 B Labeling, Storage, and

Transportation

Virginia adds a requirement to this

section making their regulation more

restrictive than 10 CFR Part 34.35.

Virginia needs to delete 12VAC 5-

481-1290(E) to meet the Compatibility

Category B designation assigned to

10 CFR Part 34.35.

45 12 VAC 5-

481-1440

34.71 B Utilization Logs

Virginia states in section 12VAC 5-

481-1440(A)(2) “The identity or

signature...”. 10 CFR 34.71 states

“The identity and signature...”.

Virginia needs to change “or” to ”and”

to meet the Compatibility Category B

designation assigned to 10 CFR

34.71. 

46 12 VAC 5-

481-2040

35.615 H&S Safety Precautions for remote

afterloader units, teletherapy units,

and gamma sterotactic

radiosurgery units

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

35.615.
47 12 VAC 5-

481-2660

36.1 (b) & ( c) C Purpose and Scope

Virginia adopts this regulation by

reference and included the phrase

“as amended January 1, 2003." This

is inconsistent with previous

adoptions by reference within

Virginia’s regulations, which include

the FR citation. The correct FR

citation should be 58 FR 7728,

February 9, 1993.

Virginia needs to delete the phrase

January 1, 2003, date, and reference

58 FR 7728, February 9, 1993, to

meet the Compatibility Category C

designation assigned to 10 CFR

36.1.(b) and (c).

48 12 VAC 5-

481-2660

36.2 Various Definitions

Virginia adopts these definitions by

reference and included the phrase

“as amended January 1, 2003." This

is inconsistent with previous

adoptions by reference within

Virginia’s regulations, which include

the FR citation. The correct FR

citation should be 58 FR 7728,

February 9, 1993.

Virginia needs to delete the January

1, 2003, date, and reference 58 FR

7728, February 9, 1993, to meet the

Compatibility Category designations

assigned to 10 CFR 36.2.

49 12 VAC 5-

481-2730

36.23 H&S Access Control

Virginia did not include 63 FR 39483,

July 23, 1998, in the adoption of this

regulation by reference.

Virginia needs to include 63 FR

39483, July 23, 1998, in this section

to meet the Compatibility Category

H&S designation assigned to 10 CFR

36.23.
50 12 VAC 5-

481-2850

36.55 H&S Personnel Monitoring

Virginia cites the wrong Federal

Register when adopting by reference.

Virginia needs to include Federal

Register 58 FR 7728 Feb. 9, 1993

and Federal Register 65 FR 63752

October 24, 2000 to meet the

Compatibility Category H&S

designation assigned to 10 CFR

36.55.

51 12 VAC 5-

481-2920

36.69 H&S Irradiation of explosive or

inflammable materials

Virginia wrongly incorporated 10 CFR

Part 36.41 by reference, instead of 10

CFR Part 36.69.

Virginia needs to adopt the correct

regulation by reference to meet the

Compatibility Category H&S

designation assigned to 10 CFR

36.69.

52 12 VAC 5-

481-10

39.2

B

B

Definitions

Energy Compensation Source

Virginia has omitted the definition for

“energy compensation source” from

its regulations.

Virginia needs to adopt an essentially

identical definition for energy

compensation source to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

39.2.

Tritium Neutron Generator target

source

Virginia has omitted the definition for

“tritium neutron generator target

source” from its regulations.

Virginia needs to adopt an essentially

identical definition for tritium neutron

generator to meet the Compatibility

Category B designation assigned to

this definition in 10 CFR 39.2.
53 39.13 H&S Specific Licenses for well logging

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

39.13.

54 12 VAC 5-

481-3240

39.41 B Design and performance criteria

for sealed sources

Virginia uses language from the

Suggested State Regulations which

does not include all the provisions of

10 CFR Part 39.41.

Virginia needs to revise 12 VAC 5-

481-3240 to adopt an essentially

identical provision to meet the

Compatibility Category B designation

assigned to 10 CFR 39.41.

55 39.49 C Uranium sinker bars

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this regulation to meet

the Compatibility Category C

designation assigned to 10 CFR

39.49.

56 39.53 C Energy Compensation Source

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this regulation to meet

the Compatibility Category C

designation assigned to 10 CFR

39.53.
57 12 VAC 5-

481-

740(B)(6)

39.55 C Tritium Neutron Generator target

source

Virginia has wrongly referenced 10

CFR Part 359.35 in its adoption by

reference, instead of 10 CFR Part

39.55.

Virginia needs to adopt 10 CFR Part

39.55 by reference to meet the

Compatibility Category C designation

assigned to 10 CFR 39.55.
58 12 VAC 5-

481-3270

39.61 B Training

Virginia has omitted the following

requirements in 10 CFR Part 39.61:

 - requirement that the logging

assistant receive instruction on

applicable sections of 10 CFR parts

19 and 20 [see 39.61(b)(1)]

 - requirement that the licensee

provide safety reviews for logging

supervisors and logging assistants at

least once during the calendar year

[see 39.61(c)]

Virginia needs to include these

requirements to meet the

Compatibility Category B assigned to

10 CFR Part 39.61.

 - Virginia also requires that

licensees retain training records on

logging supervisors and logging

assistants for two years.

Virginia needs to require that training

records on well logging supervisors

and logging assistants be maintained

for three years to meet the

Compatibility Category B assigned to

10 CFR Part 39.61.

 - Virginia excluded the subjects

listed in 39.61(e) for the well logging

supervisors’ and logging assistants’

training.

Virginia needs to include the subjects

listed in 10 CFR Part 39.61(e) for well

logging supervisors’ and logging

assistants’ training to meet the

Compatibility Category B assigned to

10 CFR Part 39.61.

59 39.69 C Radioactive contamination control

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 39.69.
60 12 VAC 5-

481-410

40.20 (a) C Types of licenses

In 12 VAC 5-481-410 Virginia has

addressed types of licensees by

reference to 10 CFR Part 30.31.

Virginia needs to include the

reference to 10 CFR Part 40.20(a) on

source material in 12 AC 5-481-410

to meet the Compatibility Category C

designation assigned to 10 CFR

40.20 (a).

61 12 VAC 5-

481-480

(M)(4)(b)(1)

40.35 (b) and (c) B Conditions of specific licenses

issued pursuant to §40.34

Virginia omitted the phrase “initial

transferor” after the phrase “identify

the manufacturer” in 12 VAC 5-481-

480(M)(b)(1).

Virginia omitted the phrase “or initially

transferred” after the phrase ”device

was manufactured”.

Virginia needs to include this

information in this section to meet the

Compatibility Category B designation

to 10 CFR Part 40.35(b) and (c).

62 30.50 (a)(b)(c),

40.60, and 70.50

(a)(b)(c)

C Reporting Requirements

Virginia has omitted the Reporting

Requirements rule from its

regulations. 

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 40.60,

30.50(a)(b)(c), and 70.50(a)(b)(c).

63 40.61(a)(b) C Records

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 40.61.
64 40.61 (d)(e) H&S Records

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

40.61.

65 12 VAC 5-

481-10

61.2

B

Definitions

Land Disposal Facility

Virginia’s definition of “land disposal

facility” omits reference to “structures”

and the 10 CFR Part 61.2 that relates

to a geologic repository.

Virginia needs to add these

requirements to meet the

Compatibility Category B designation

assigned to Section 10 CFR 61.2.

66 61.55 B Waste Classification

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 61.55.

67 61.56 H&S Waste Characteristics

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

61.56.
68 61.57 H&S Labeling

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category H&S

designation assigned to 10 CFR

61.57.

69 12 VAC 5-

481-10

70.4

A

Definitions

Acute

Virginia has omitted the definition of

“acute” from its regulations.

Virginia needs to add the definition of

“acute” to meet the Compatibility

Category A designation assigned to

10 CFR 70.4.

70 12 VAC 5-

481-500

(E)(3)

70.32 (a), (g) H&S Conditions of licenses

Virginia’s reference to 11 U.S.C.

101(2) is incorrect. The correct

reference should be to 11 U.S.C.

101(a).

Virginia needs to correct this

information to meet the Compatibility

Category H&S designation assigned

to 10 CFR Part 70.32.
71 12 VAC 5-

481-510

70.38 H&S Expiration and termination of

licenses and decommissioning of

sites and separate buildings or

outdoor areas

Virginia omitted the financial surety

license termination requirements as

stated in 10 CFR Part 70.38(e).

Virginia has omitted the requirements

concerning the delay of license

termination as stated in 10 CFR Part

70.38(f).

Virginia needs to tie the financial

surety to license termination and

adopt the essential elements on

delaying license termination of this

section to meet the Compatibility

Category H&S designation assigned

to 10 CFR 70.38(e) and (f).

72 70.51 (a)(b) C Records requirements

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 70.51.

73 12 VAC 5-

481-2950

71.0 ( c) [B] Purpose and Scope

Virginia has omitted the authority to

receive, possess, use or transfer

licensed material. The sentence “No

provision of this part authorizes

possession of licensed material” was

also omitted.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 71.0(c).
74 12 VAC 5-

481-10

71.4

[B]

[B]

[B]

[B]

Definitions

Certificate Holder

Virginia has omitted the definition of

“certificate holder” from its

regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

71.4.

Certificate of Compliance

Virginia has omitted the definition of

“certificate of compliance” from its

regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

71.4.

Consignment

Virginia has omitted the definition of

“consignment” from its regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

71.4.

Conveyance

Virginia has omitted the definition of

“conveyance” from its regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

71.4.
[B]

[B]

[B]

Criticality Safety Index

Virginia has omitted the definition of

“criticality safety index” from its

regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

71.4.

Deuterium

Virginia has omitted the definition of

“deuterium” from its regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

71.4.

Fissile Material

Virginia’s definition of “fissile material”

omits certain exclusions for “natural

or depleted uranium irradiated in

thermal reactors only” and “fissile

material controls”, and includes Pu238 as fissile.

Virginia needs to adopt the NRC

definition of fissile material to meet

the Compatibility Category B

designation assigned to this definition

in 10 CFR 71.4.

Unirradiated uranium

Virginia has omitted the definition of

“unirradiated uranium” from its

regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

71.4.
75 71.13 B Exemption of physicians

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 71.13.

76 71.14(a) [B] Exemption for low-level materials

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 71.14 (a).

77 71.15 [B] Exemption from classification on

as fissile material

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 71.15.

78 12 VAC 5-

481-3010

71.19 NRC Previously approved package

Virginia includes this section in their

regulations, which is solely reserved

for NRC.

Virginia needs to remove this section

from their regulations to meet the

Compatibility Category NRC

designation assigned to 10 CFR

71.19.
79 12 VAC 5-

481-3040

and 3050

71.22 [B] General license: fissile material

- Virginia has omitted the requirement

that the type A package be approved

by DOT, the cases in which the

general license can be used, and the

calculation and use of the criticality

safety index.

Virginia needs to adopt these

requirements to meet the

Compatibility Category B designation

assigned to 10 CFR 71.22.

- Virginia’s regulations omitted Table

71-1 and included incorrect

permissible maximum grams of

Uranium-235 per package in their

equivalent of NRC Table 71-2.

Virginia needs to include an

equivalent to Table 71-1 and adopt

the correct values of permissible

maximum grams of Uranium-235 per

package in 12 VAC 5-481-3050,

Table 1, to meet the Compatibility

Category B assigned to 10 CFR Part

71.22.

80 71.23 B General license: Plutoniumberyllium special form material

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 71.23.

81 12 VAC 5-

481-3080

71.47 [B] External radiation standards for all

packages

Virginia omitted requirements

concerning the written instructions for

exclusive use shipments in 10 CFR

Part 71.47.

Virginia needs to adopt these

requirements to meet the

Compatibility Category B designation

assigned to 10 CFR 71.47.
82 12 VAC 5-

481-3080

71.87 [B] Routine Determinations

Virginia omitted the requirements for

fissile material contained in 10 CFR

Part 71.87(g).

Virginia needs to add 71.87(g) to

meet the Compatibility Category B

designation assigned to 10 CFR

71.87

83 12 VAC 5-

481-3090

71.88 B Air Transport of Plutonium

Virginia omitted 10 CFR Part 71.88(b)

from its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 71.88.

84 71.89 B Opening Instructions

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category B designation

assigned to 10 CFR 71.89.

85 12 VAC 5-

481-3130

71.101 (a)(b) & 

( c)(1)

C Quality Assurance requirements

Virginia has omitted the following

requirements under 10 CFR Part

71.101:

- activities to which quality assurance

requirements apply

- persons responsible for the quality

assurance program

- criteria that such a program needs

to meet

Virginia needs to include these

requirements under 12 VAC 5-481-

3130 to meet the Compatibility

Category C designation assigned to

10 CFR 71.101(a), (b) & (c)(1).
86 71.101(g) C Quality Assurance Requirements

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.101 (g).

87 71.103 (a) & (b) C Quality Assurance Organization

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.103 (a)&(b).

88 71.105 C Quality Assurance Program

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.105.

89 71.127 [C] Handling, Storage, and Shipping

Control

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.127.

90 71.129 [C] Inspection, Test, and Operating

Status

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.129.
91 71.131 [C] Nonconforming material, parts, or

components

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.131.

92 71.133 C Corrective Actions

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.133.

93 71.135 C Quality Assurance Records

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.135.

94 71.137 C Audits

Virginia has omitted this section from

its regulations.

Virginia needs to adopt the essential

elements of this section to meet the

Compatibility Category C designation

assigned to 10 CFR 71.137.

95 10 CFR Part 71

Appendix A

[B] Determination of A1 and A2

Virginia has omitted this section from

its regulations.

Virginia needs to adopt an essentially

identical section to meet the

Compatibility Category A designation

assigned to 10 CFR Part 71 Appendix

A.
96 12 VAC 5-

481-10

150.3(b) B Definitions

Offshore Waters

Virginia has omitted the definition of

“offshore waters” from its regulations.

Virginia needs to adopt an essentially

identical definition to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

150.3. 
STATE REGULATION STATUS

VIRGINIA Tracking Tic(The entire Virginia Radiation Regulations were submitted Date: 10/19/2 in preparation to a draft appolication for an Agreement. All Amendments in the chart below were reviewed) 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review Y, N2 / Date /

ML #5

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

 6 6 

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

 Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 Eliminating the Recordkeeping Requirements for Departures fromManufacturer's Instructions-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

 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 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) 1994-3Preparation, Transfer for Commercial Distribution, and Use of ByproductMaterial for Medical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1

 Frequency of Medical Examinations for Use of Respiratory ProtectionEquipment-Part 20 

60 FR 7900; (3/13/98) 1995-2

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20,

61

60 FR 15649; 60 FR 25983(3/1/98)

1995-3

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and CriteriaParts 19, 20 60 FR 36038; (8/14/98) 1995-5 Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review Y, N2 / Date /

ML #5

 10 CFR Part 71: Compatibility with the International Atomic EnergyAgency-Part 71

60 FR 50248; 61 FR 28724(4/1/99)

1996-1 

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: RecordkeepingRequirements-Parts 20, 30, 40, 61, 70

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

Resolution of Dual Regulation of Airborne Effluents of RadioactiveMaterials; Clean Air Act-Part 20

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

Recognition of Agreement State Licenses in Areas Under ExclusiveFederal Jurisdiction Within an Agreement State-Part 150

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

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3Fissile 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 28947; (6/27/00) 1997-5

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 Exempt Distribution of a Radioactive Drug Containing One Microcurie ofCarbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71,150

63 FR 1890; 63 FR 13773(2/12/01)

1998-1

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing Licensees- 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 forIndustrial Radiographic Operations-Part 34

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

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts20, 35, 36

63 FR 39477; 63 FR 45393(10/26/01)

1998-5

Transfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6

Radiological Criteria for License Termination of Uranium RecoveryFacilities-Part 40

64 FR 17506; (6/11/02) 1999-1

Requirements for Those Who Possess Certain Industrial DevicesContaining 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

Energy Compensation Sources for Well Logging and Other Regulatory 65 FR 20337; (5/17/03) 2000-1
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review Y, N2 / Date /

ML #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 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 the regulation. See: “Final P

Adequacy and Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 1995.

5. ADAMS ML Number.6. Due to the number of comments the entries for the State Regulation Status sheets will remain blank until an Agreement is sign

package ML#061740291.

Clarifications-Part 39New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices ContainingByproduct Material - Parts 30, 31, 32

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

Revision of the Skin Dose Limit -Part 20 67 FR 16298; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility with IAEA Transportation Safety Standards and OtherTransportation 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) 2005-1

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part35

70 FR 16336; (4/29/08) 2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRC OrderEA-05-090)6

70 FR 72128;(12/1/05) 2005-3

Minor Amendments-Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 (3/27/09) 2006-1