March 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 proposed changes to the Ohio regulations 3701:1-38 of the Ohio

Administrative Code, received by our office on February 7, 2007. These regulations were

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

CFR Parts 20 and 32 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

Michael Snee on March 1, 2007.

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. We have determined that the

regulations, as proposed, 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 “as published” regulations be provided to us for review. As

requested in FSME Procedure SA-201, “Review of State Regulatory Requirements,” please

highlight any final changes and provide a copy to Division of Materials Safety and State

Agreements, Office of Federal and State Materials and Environmental Management Programs

(FSME) (see letter FSME 06-94 dated October 6, 2006 for further information). 

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 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 (email: kxs@nrc.gov) or

Monica Orendi at 301-415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By KNSchneider For\

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
March 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 proposed changes to the Ohio regulations 3701:1-38 of the Ohio

Administrative Code, received by our office on February 7, 2007. These regulations were

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

CFR Parts 20 and 32 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

Michael Snee on March 1, 2007.

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. We have determined that the

regulations, as proposed, 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 “as published” regulations be provided to us for review. As

requested in FSME Procedure SA-201, “Review of State Regulatory Requirements,” please

highlight any final changes and provide a copy to Division of Materials Safety and State

Agreements, Office of Federal and State Materials and Environmental Management Programs

(FSME) (see letter FSME 06-94 dated October 6, 2006 for further information). 

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 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 (email: kxs@nrc.gov) or

Monica Orendi at 301-415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By KNSchneider For\

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 [7-25] SUNSI Review Complete

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

JLynch, RSAO : Non-Sensitive G Sensitive

DSollenberger, ASPO MOrendi [OH] File

DOCUMENT NAME:G:\OriginalSTP\REGULATION TOOLBOX\States\Ohio\OH 7-25.wpd ML of Incoming Document:ML070380488

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 SAISB SAIS OGC SAIS:BC MSSA:DD

NAME MOrendi KSchneider FCameron PRathbun SMoore

DATE 02/26/07* 02/26 /07* 02/28/07* 03/06/07* 03/06/07*

ML070650102 OFFICIAL RECORD COPY MLPKG.070650108
STATE REGULATION STATUS

State: OHIO Tracking Ticket [2 Amendments reviewed are identified by a i Date: Ma

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; (1/27/95) 1992-1 F

ML061440106

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

57 FR 45566; (none) 1992-2 F

ML061440106

Decommissioning Recordkeeping and License Termination: Documentation Additions[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 EPA Standards-Part40

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 F

ML061440106

Frequency of Medical Examinations for Use of Respiratory Protection Equipment- Part 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 

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 P Termination or Transfer of Licensed Activities: Record Keeping Requirements-Parts 20,30, 40, 61, 70

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

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML041900134 Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin 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-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML041240504 
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-Part 20 63 FR 50127; (11/20/01) 1998-6 F

ML041900134

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 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

ML040920160

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

65 FR 20337; (5/17/03) 2000-1 F

ML023250117

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

ML023250117

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

65 FR 79162; (2/16/04) 2001-1 F8

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 there

were found compatible.

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

these items. 

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

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 

letter STP 05-072.

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

ML061440106

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 F

ML063170453

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

ML062429138

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

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1iNational Source Tracking System - Serialization Requirements - Part 32 with reference toPart 20 Appendix E

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

ML070380488

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

(11/30/07)

2006-3 P

ML070380488