January 21, 2010 

Dane L. Finerfrock, Director 

Utah Division of Radiation Control 

P.O. Box 144850 

Salt Lake City, UT 84114-4850 

Dear Mr. Finerfrock; 

We have reviewed the proposed changes to the Utah regulations R313-25-8, received by our 

office on January 6, 2010. These regulations were reviewed by comparison to the equivalent 

Nuclear Regulatory Commission (NRC) rules in 10 CFR Part 61. We discussed our review of 

the regulations with you on January 21, 2010. 

As a result of our review, we have three 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 and the identification of program elements that create conflicts, duplications or 

gaps in the orderly pattern of regulations on a nationwide basis (See the 1997 Policy Statement 

on Adequacy and Compatibility of Agreement State Programs). Under our current procedure, a 

finding that the Utah’s regulations meet the compatibility and health and safety categories of the 

equivalent NRC regulation may only be made based on a review of the final Utah regulations. 

However, we have determined that if your proposed regulations were adopted, 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 the proposed regulations are adopted and published as final regulations, 

a copy of the Aas published@ regulations be provided to us for review. As requested in FSME 

Procedure SA-201, AReview 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 Utah 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://nrc-stp.ornl.gov/rulemaking.html. 

The NRC would also like respond to the Statement of Basis for Administrative Rulemaking, 

dated December 1, 2009 which is part of the December 8, 2009 Radiation Control Board 

Information Packet as posted on your website and e-mailed to Duncan White on December 10, 

2009. The Statement notes that the Utah Radiation Control Board "intends to issue a 

determination . . . about whether there are 'corresponding federal regulations that are not 

adequate to protect public health and the environment of the state.'" Statement of Basis at 11. 

The Statement of Basis also concludes that NRC has recognized "the inadequacy of its current 

regulations." Statement of Basis at 8. Your characterization of NRC's regulations and 

conclusions regarding their adequacy is in error. Although the current regulations did not 

consider the disposal of significant quantities of depleted uranium, they are adequate to ensure 
the protection of the public health and safety. The requirements in 10 CFR Part 61 Subpart C 

provide the performance objectives that all disposal facility licensees must comply with before 

disposing of any low-level radioactive waste. The NRC’s recommendation to update a site’s 

performance assessment prior to disposal of significant quantities of depleted uranium would 

ensure that the licensee continues to comply with these requirements; a recommendation to 

ensure compliance with the existing regulations does not indicate that the regulations are 

inadequate. The NRC’s rulemaking effort will clarify these requirements and provide additional 

guidance to licensees and the Agreement States that are dealing with the disposal of unique 

waste streams, but engaging in a rulemaking to update the NRC’s regulations does not mean 

that the current regulations are inadequate to protect the public health and safety while 

rulemaking is pursued to improve the regulations. 

If you have any questions regarding the review, 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 

(kathleen.schneider@nrc.gov) or Dennis Sollenberger at 301-415-2819 

(dennis.sollenberger@nrc.gov). 

Sincerely, 

/RA R. Lewis for/ 

Terrence Reis, 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 [10-1] SUNSI Review Complete 

DCD (SP08) : Publicly Available G Non-Publicly Available 

RErickson, RIV : Non-Sensitive G Sensitive 

JKantanic, POC 

Utah File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\States\Utah\10-1 

Incoming Document: ML100110020 

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 ASPB DWMEP/EPPAD ASPB OGC ASPB:BC MSSA:DD 

NAME DSollenberger PBubar KSchneider BJones DWhite TReis/rxl1 

DATE 01/11/10 01/ 21 /10 01/11/10 01/13/10 01/ 21 /10 01/ 21 /10 

ML 100110047 OFFICIAL RECORD COPY Package ML100110043 
COMPATIBILITY COMMENT ON UTAH PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 R313-25-8 

(2)(a) 

61.13 N/A Technical analyses 

Definition of Depleted Uranium 

To clarify the proposed Utah 

regulation so that it comports with 

NRC Comment 3 below, Utah should 

revise R313-25-8 (2)(a) as follows: 

(2)(a) Any facility that proposes to 

land dispose of significant quantities 

of concentrated depleted uranium, 

more than one metric ton in total 

accumulation, after [effective date of 

rule] shall submit for the Executive 

Secretary's review and approval a 

performance assessment that 

demonstrates that the performance 

standards specified in 10 CFR Part 61 

and corresponding provisions of Utah 

rules will be met for the total quantities 

of depleted uranium and other 

wastes, including wastes already 

disposed of and the quantities of 

concentrated depleted uranium the 

facility now proposes to dispose. 

Any such performance assessment 

shall be revised as needed to reflect 

ongoing guidance and rulemaking 

from NRC. For purposes of this 

performance assessment, the 

compliance period will be a minimum 

of 10,000 years. Additional 

simulations will be performed for a 

qualitative analysis for the period 

where peak dose occurs. 

2 R313-25-8 

(2)(b) 

61.13 N/A Technical analyses 

Definition of Depleted Uranium 

To clarify the proposed Utah 

regulation so that it comports with 

NRC Comment 3 below,, Utah should 

revise R313-25-8 (2)(b) as follows: 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

(2)(b) No facility may dispose of 

significant quantities of concentrated

depleted uranium prior to the approval 

by the Executive Secretary of the 

performance assessment required in 

R313-25-8(2)(a). 

3 R313-25-8 

(2)(c) 

61.13 

40.4 

N/A H&S 

A 

Technical analyses 

Definition of Depleted Uranium 

Utah’s proposed regulation redefines 

depleted uranium as “waste with 

depleted uranium concentrations 

greater than 5% by weight” and 

creates conflicts with the definition of 

depleted uranium in 10 CFR 40.4, 

which is Compatibility Category A 

designation. Since the other 

provisions in R313-25-8 (2) address 

significant quantities of depleted 

uranium, the following change would 

eliminate the conflict: “For purposes of 

this R. 313-25-8(2) only, concentrated

depleted uranium means waste with 

depleted uranium concentrations 

greater than 5 % by weight.” 

 

Utah needs to add the phrase 

“concentrated” as noted above to 

R313-25-8 (2)(c) to meet the 

Compatibility Category A designation 

assigned to Section 10 CFR 40.4, 

Definition of Depleted Uranium. 

 

STATE REGULATION STATUS

State: Utah Tra[ 1 amendment(s) reviewed is identified by a i Da

at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 Final 

ML032180130 

No Comments 08/28/2003 ML032400630 

Utah hEquiva

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required Utah h

Equiva

1991-3 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; 

01/01/1994 Final No Comments 

02/10/1998 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 Final 

ML032180130 

Comments 08/28/2003 ML032400630 

1992-1 Quality Management Program and Misadministrations 

Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 Not Required Not Required Utah h

Equiva

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none Not Required Not Required These 

requireCompa
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final No Comments 

01/08/1997 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Final No Comments 

06/14/2000 

1993-3 Definition of Land Disposal and Waste Site QA Program 

Part 61 58 FR 33886 

07/22/1996 Final 

ML071990559 

No Comments 09/04/2007 ML072470237 

1994-1 Self-Guarantee as an Additional Financial Mechanism 

Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Not Required Not Required These 

requireCompa

1994-2 Uranium Mill Tailings Regulations: Conforming NRC 

Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Final 

ML023100574 

No Comments 11/22/2002 ML023290240 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final No Comments 

02/10/1998 

1995-1 Preparation, Transfer for Commercial Distribution, and 

Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

01/01/1998 Final No Comments 

02/10/1998 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900

03/13/1998 Final 

ML071990559 

No Comments 09/04/2007 ML072470237 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1995-3 Low-Level Waste Shipment Manifest Information and 

Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 Final 

ML071990559 

No Comments 09/04/2007 ML072470237 

1995-4 Performance Requirements for Radiography Equipment 

Part 34 60 FR 28323 (Superceded by 1997-5)

06/30/1998 Final 

ML032180130 

No Comments 08/28/2003 ML032400630 

Utah hEquiva

1995-5 Radiation Protection Requirements: Amended Definitions 

and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final 

ML071990559 

No Comments 09/04/2007 ML072470237 

1995-6 Clarification of Decommissioning Funding Requirements 

Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final No Comments 

02/10/1998 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

10/20/1998 Not Required Not Required Utah h

Equiva2005-2

1996-1 Compatibility with the International Atomic Energy Agency

Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

04/01/1999 Final No Comments 

04/16/1999 

1996-2 One Time Extension of Certain Byproduct, Source and 

Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These 

requireCompa
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1996-3 Termination or Transfer of Licensed Activities: Record 

keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final No Comments 

02/10/1998 

Part 3

1997-1 Resolution of Dual Regulation of Airborne Effluents of 

Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final 

ML071990559 

No Comments 09/04/2007 ML072470237 

1997-2 Recognition of Agreement State Licenses in Areas Under 

Exclusive Federal Jurisdiction Within an Agreement StatePart 150 62 FR 1662 

02/27/2000 Final 

ML032180130 

No Comments 08/28/2003 ML032400630 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final 

ML071990559 

No Comments 09/04/2007 ML072470237 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 Not Required Not Required These 

requireCompa

1997-5 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 

06/27/2000 Final No Comments 

04/01/1998 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final No Comments 

06/14/2000 

1997-7 Exempt Distribution of a Radioactive Drug Containing 

One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 Final No Comments 

04/16/1999 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 Final 

ML011100015 

No Comments 07/31/2001 ML012150220

1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit 

and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These 

requireCompa

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These 

requireCompaUtah hequiva

1998-4 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Final 

ML071990559 

No Comments 09/04/2007 ML072470237 

1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy 

Change Parts 20, 35, 36 63 FR 39477; 63 FR 45393 

10/26/2001 Final 

ML032510947 

No Comments 09/16/2003 ML032730694 

1998-6 Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 

ML013530478 

No Comments 02/07/2002 ML020390486 

1999-1 Radiological Criteria for License Termination of Uranium 

Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Final 

ML023100574 

No Comments 11/22/2002 ML023290240 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1999-2 Requirements for Those Who Possess Certain Industrial 

Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

10/04/2002 Not Required Not Required These 

requireCompa

1999-3 Respiratory Protection and Controls to Restrict Internal 

Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 

ML013530478 

No Comments 02/07/2002 ML020390486 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 

ML012850044 

No Comments 12/27/2001 ML020020182 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML052850130 

No Comments 10/20/2005 ML052940121 

2001-1 Requirements for Certain Generally Licensed Industrial 

Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 

02/16/2004 Final 

ML040580276 

No Comments 03/08/2004 ML040690493 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML052640263 

No Comments 10/18/2005 ML052930360 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML052640263 

No Comments 10/18/2005 ML052930360 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML062910213 

No Comments 11/09/2006 ML063130115 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2004-1 Compatibility With IAEA Transportation Safety Standards 

and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Final 

ML080350285 

No Comments 02/26/2008 ML080560403 

2005-1 Security Requirements for Portable Gauges Containing 

Byproduct Material Part 30 70 FR 2001 

07/11/2008 Final 

ML070370332 

No Comments 03/06/2007 ML0706050102 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML062000081 

No Comments 08/02/2006 ML062150142 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128

12/01/2005 License Condition 

ML052920243 

No Comments 10/20/2005 ML052940078

2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005

03/27/2009 Final 

ML091540302 

No Comments 07/02/2009 ML091730130

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 Final 

ML080370626 

No Comments 02/28/2008 ML080590006 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 Final 

ML080370626 

No Comments 02/28/2008 ML080590006 

2007-1 Medical Use of Byproduct Material - Minor Corrections 

and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 Final 

ML091540302 

No Comments 07/02/2009 ML091730130 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 

2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 

2007-4 Order Imposing Fingerprinting Requirements and 

Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License Condition 

ML080980588 

No Comments 05/01/2008 ML081220351 

2008-1 Occupational Dose Records, Labeling Containers, and 

Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 

2009-1 Medical Use of Byproduct Material – Authorized User 

Clarification Part 35 74 FR 33901 

09/28/2012 

i N/A 10 CFR 61.13 and 40.13 N/A Proposed 

ML100110020 

Comments 01/21/2010 ML100110047