April 7, 2005

Mr. James K. Peterson, Director

Division of Radioactive Material,

 Licensing, and Compliance

Bureau of Radiological Health

Department of Health and Environmental Control

2600 Bull Street

Columbia, SC 29201

Dear Mr. Peterson:

We have reviewed the proposed changes to the South Carolina Radiological Health Rules 61-

63, Radioactive Materials, “Title A.”, received by our office on January 25, 2005. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 20, 30, 32, and 35 and the requirements of the two amendments

identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review

of the regulations with you on April 7, 2005.

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 South Carolina regulation meets the compatibility and health and safety

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

South Carolina regulation. However, we have determined that if this regulation is adopted

without significant change, it 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 regulation is adopted and published as a final regulation, a copy of the

“as published” regulation be provided to the NRC for review. 

The SRS Data Sheet summarizes our knowledge of the status of other South Carolina

regulations. 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 John Zabko

of my staff at (301)415-2308 or JGZ@NRC.GOV. 

Sincerely,

\RA By Dennis K. Rathbun For\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosure: 

As stated
April 7, 2005

Mr. James K. Peterson, Director

Division of Radioactive Material,

 Licensing, and Compliance

Bureau of Radiological Health

Department of Health and Environmental Control

2600 Bull Street

Columbia, SC 29201

Dear Mr. Peterson:

We have reviewed the proposed changes to the South Carolina Radiological Health Rules 61-63,

Radioactive Materials, “Title A.”, received by our office on January 25, 2005. These regulations were

reviewed by compairison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR

Parts 20, 30, 32, and 35 and the requirements of the two amendments identified in the enclosed

State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on

April 7, 2005

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 South Carolina regulation meets the compatibility and health and safety categories of the

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

regulation. However, we have determined that if this regulation is adopted without significant change,

it 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 regulation is adopted

and published as a final regulation, a copy of the “as published” regulation be provided to the NRC for

review. 

The SRS Data Sheet summarizes our knowledge of the status of other South Carolina regulations. 

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 John Zabko of

my staff at (301)415-2308 or JGZ@NRC.GOV. 

Sincerely,

\RA By Dennis K. Rathbun For\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosure: As stated

SISP Review Complete

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF[5-39] DCD (SP08) PDR (YES_T) Response to Incoming Document: ML050340453

Sheri Minnick, Duncan White, RSAO PLarkins, ASPO South Carolina File Document

Name:E:\Filenet\ML050970468.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 STP STP OGC STP:D

NAME PLarkins WRautzen STreby KNSchneider for PLohaus

DATE 03/14/05* 03/14/05* 04/06/05* 04/07/05*

ML050970468 OFFICIAL RECORD COPY
1

STATE REGULATION STATUS

State: South Carolina [2 amendments reviewed are identified by a i Tracking Ticket Number: 5-39at the beginning of each equivalent NRC regulation.] Date: April 7, 2005

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose(P) / FinaRule / M

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

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

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 P 

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 F Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

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

1995-1 F 

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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose(P) / FinaRule / M

2

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 

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

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 20 61 FR 65120; (1/9/00) 1997-1 P Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

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

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

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 P Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 P Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 P 

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 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 P

ML020990
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose(P) / FinaRule / M

3

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

(10/26/01)

1998-5 P

ML020990

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements 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

ML030550

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

ML030550

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

ML030550

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

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

ML030550

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

ML050340

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

ML050340

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

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 Polic

and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-1
4

5. ADAMS ML Number