December 6, 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 final revision to the Ohio regulations 3701:1-40-17, 3701:1-44-18 and

3701:1-56-19, received by our office on November 2, 2007. These regulations were reviewed

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

30, 40, and 70 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 Mike

Snee on November 8, 2007.

As a result of our review, we have one comment that has 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 Ohio, 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 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. 

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 Jim

Lynch at (630) 829-9661 (email: jll2@nrc.gov).

Sincerely,

Robert J. Lewis, Deputy Director /RA/

Division of Materials Safety and State Agreements

Office of Federal and State Materials and Environmental

Management Programs

Enclosures: 

As stated

December 6, 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 final revision to the Ohio regulations 3701:1-40-17, 3701:1-44-18 and 3701:1-

56-19, received by our office on November 2, 2007. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 40,

and 70 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 Mike Snee on November

8, 2007.

As a result of our review, we have one comment that has 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

Ohio, 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 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. 

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 Jim Lynch at (630)

829-9661 (email: jll2@nrc.gov).

Sincerely,

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 (7-85) AMcCraw Ohio File SUNSI Review Complete

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

JLynch, RSAO KLukes : Non-Sensitive G Sensitive

OCUMENT NAME: C:\MyFiles\Copies\7-85.wpd 

 ML of Incoming Document: ML073030070

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 RIII SAISB SAISB OGC SAIS:BC MSSA:DD

NAME JLynch MOrendi KSchneider FCameron DWhite RLewis

DATE 11/15/07* 11/15/07* 11/15/07* 11/29/07* 12/06/07* 12/06/07*

ML073390193 OFFICIAL RECORD COPY PKGML073390321

COMPATIBILITY COMMENTS ON OHIO FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 3701:1-40-

17(A)

30.35(a) 2003-1 H&S Financial assurance and

recordkeeping for

decommissioning

Ohio’s rule is missing the equivalent

to 10 CFR 30.35(a)(2) in paragraph

(A) of 3701:1-40-17, which requires

decommissioning funding plans for

the possession of certain quantities of

sealed sources.

 

Ohio needs to adopt the essential

objectives of the requirement for

sealed source decommissioning

funding plans, to meet the Category

H&S designation assigned to 10 CFR

30.35(a).
STATE REGULATION STATUS

State: OHIO Tracking Ticket Number: 7-85 [1 Amendment reviewed is identified by a i Date: December 6, 2007

at the beginning of the equivalent NRC regulation]

NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) /

Final (F)1 Rule / 

LicenseCondition (LC)ML #4

NRC Review /Y, N1 / Date /

ML #4`

Final StateRegulation1(Effective Date)

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

ML023250117

N 1/9/03ML030060349

10/20/02

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

ML023250117

N 1/9/03ML030060349

10/20/02

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

ML040920160

N 4/14/04ML041060011

7/22/01

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 P Y 7/26/00

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

ML061440106

N 6/8/06ML061590424

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

57 FR 45566; (none) 1992-2 F

ML061440106

N 6/8/06ML061590424

10/9/986

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 P Y 7/26/00 10/9/985

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

ML023250117

N 1/9/03ML030060349

10/20/02

Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 10/9/985

Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 10/9/986

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA StandardsPart 40 59 FR 28220; (7/1/97) 1994-2 10/9/985Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 P N 7/26/00 10/9/985Preparation, 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

ML061440106

N 6/8/06ML061590424

10/20/02
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) /

Final (F)1 Rule / 

LicenseCondition (LC)ML #4

NRC Review /Y, N1 / Date /

ML #4`

Final StateRegulation1(Effective Date)

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 F ML041240504 N 6/14/04 ML041670402 10/9/985Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F

ML040920160

N 4/14/04ML041060011

7/22/01

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

ML023250117

N 1/9/03ML030060349

10/20/02

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

ML040920160

N 4/14/04ML041060011

7/22/01

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P N 7/26/00 10/9/985Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 P

ML042230062

N 10/14/2004ML042890002

10/9/985

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

(4/1/99)

1996-1 superceded by

2004-1

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

61 FR 1109; (none) 1996-2 P N 07/26/00 10/9/986

Termination or Transfer of Licensed Activities: Record Keeping Requirements-Parts20, 30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 P N 07/26/00 10/9/985

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

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

ML041900134 

N 8/9/04ML042220269

07/26/01

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

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

ML041240504

N 6/14/04ML041670402

11/27/02

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

ML042230062

N 10/14/2004ML042890002

10/9/985

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

2004-1
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) /

Final (F)1 Rule / 

LicenseCondition (LC)ML #4

NRC Review /Y, N1 / Date /

ML #4`

Final StateRegulation1(Effective Date)

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

ML023250117

Y 1/9/03ML030060349

10/20/02

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 10/9/985Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14Urea-Part 30 

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

ML041240504

6/14/04ML041670402

10/18/02

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

(2/12/01)

1998-1 P

ML010380259ML010870344

N 12/12/01ML013530072

10/9/985

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 10/9/986

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 10/9/986Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

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

ML041240504

N 6/14/04ML041670402

10/18/02

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

(10/26/01)

1998-5 10/9/985

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part20

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

ML041900134

N 8/9/04ML042220269

7/26/01

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

ML060580024

N 4/13/06ML061030457

Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 Not required3

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3 F

ML040920160

N 4/14/04ML041060011

7/22/01

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML023250117 N 1/9/03 ML030060349 10/20/02
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID Proposed (P) /

Final (F)1 Rule / 

LicenseCondition (LC)ML #4

NRC Review /Y, N1 / Date /

ML #4`

Final StateRegulation1(Effective Date)

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

ML023250117

N 1/9/03ML030060349

10/20/02

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

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

ML070950457

Y 4/27/07ML071150004

10/18/02

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

ML061440106

N 6/8/06ML061590424

8/15/05

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

ML061440106

N 6/8/06ML061590424

8/15/05

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

ML073030070

Y 12/06/07ML073390193

Compatibility With IAEA Transportation Safety Standards and Other TransportationSafety Amendments – Part 71.

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

ML063170453

N 12/15/06ML063490049

10/22/06

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

ML071010099

N 4/25/07ML071150005

3/22/07

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

ML053120143

N 11/10/05ML053180026

12/2/05

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 withreferenece to Part 20 Appendix E

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

ML070380488

N 03/06/07ML070650102

Not Applicable02/01/07ML070310347

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

(11/30/07)

2006-310

PML070380488

N 03/06/07ML070650102
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 therefore, these regulations

were found compatible.

6. Although these items are not required for purposes of compatibility, the State incorporated NRC regulations by reference on 10/9/98 which included these

items. 

7. 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.

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 All Agreement States letter

STP 05-072.

9. R stands for proposed changes made to final regulations.10. RATS ID 2006-3 will not be considered under the Non-Common Performance Indicator “Compatibility Requirements” for IMPEP reviews until such time as

the National Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be provided to the States under

separate correspondence and the SRS sheet will be revised as appropriate.