April 13, 2006

Mr. Robert 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 revisions to the Ohio regulations in Ohio Administrative Code

Chapter 3701:1-44, “Licensing Requirements for Source Material,” received by this office on

February 24, 2006, which were submitted in response to our June 27, 2005 correspondence

regarding the proposed version of these rules. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) regulations in 10 CFR

Part 40 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 of your

staff on March 8, 2006.

As a result of the NRC review, we have determined that the Ohio regulation revisions, as

adopted, meet the compatibility and health and safety categories established in Office of State

and Tribal Programs (STP) Procedure SA-200. 

The SRS Data Sheet summarizes our knowledge 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

STP Web Site: 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 me, or Jim Lynch

at (630) 829-9661 or JLL2@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure: 

As stated
April 13, 2006

Mr. Robert 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 revisions to the Ohio regulations in Ohio Administrative Code

Chapter 3701:1-44, “Licensing Requirements for Source Material,” received by this office on

February 24, 2006, which were submitted in response to our June 27, 2005 correspondence

regarding the proposed version of these rules. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) regulations in 10 CFR

Part 40 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 of your

staff on March 8, 2006.

As a result of the NRC review, we have determined that the Ohio regulation revisions, as

adopted, meet the compatibility and health and safety categories established in Office of State

and Tribal Programs (STP) Procedure SA-200. 

The SRS Data Sheet summarizes our knowledge 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

STP Web Site: 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 me, or Jim Lynch

at (630) 829-9661 or JLL2@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated

Distribution:

DIR RF ([6-53]) SISP Review Complete

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

JLynch, RSAO G Non-Sensitive G Sensitive

DSollenberger, ASPO SLai Ohio File

DOCUMENT NAME: E:\Filenet\ML061030457.wpd Incoming Document: ML060580024 

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 STP OGC STP:DD

NAME JLynch SLai STreby KNSchneider forDRathbun

DATE 3/8/2006* 4/2/06* 4/11/2006* 4/13/2006*

ML061030476 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: OHIO Tracking Ticket Number: 6-5[One amendment reviewed is identified by a * Date: 4/13/2006 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 (LCML #4

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

ML023250117

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

ML023250117

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

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; (1-7/95) 1992-1 P

ML042230062

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

57 FR 45566; (none) 1992-2 P

ML042230062

Decommissioning Recordkeeping and License Termination: DocumentationAdditions [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

ML023250117

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) 1994-3 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 P

ML012340364

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 F ML041240504 
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (P) Final (F)1 Rule 

LicenseCondition (LCML #4

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F

ML040920160

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

ML023250117

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

ML040920160

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

ML042230062

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

(4/1/99)

1996-1 P

ML010380259ML010870344

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-Parts20, 30, 40, 61, 70

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

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; CleanAir Act-Part 20

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

ML041900134 FML041240504

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

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

ML042230062

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

ML023250117

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-14Urea-Part 30 

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

ML041240504
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (P) Final (F)1 Rule 

LicenseCondition (LCML #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

ML010380259ML010870344

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

ML041240504

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-Part20

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

ML041900134

i Radiological Criteria for License Termination of Uranium Recovery Facilities-Part

40

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

ML060580024

Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct 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

ML040920160

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML023250117 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F

ML023250117

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

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

ML041900134

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

ML042230062
NRC Chronology Identification FR Notice

(Date Due for State Implementation)

RATS ID

Proposed (P) Final (F)1 Rule 

LicenseCondition (LCML #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 therefore

were found compatible.

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

these items. 

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

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

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

ML042230062

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

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

ML052020573

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