December 22, 2010 

Rusty Lundberg, Director 

Utah Division of Radiation Control 

195 North 1950 West 

Salt Lake City, UT 84116 

Dear Mr. Lundberg; 

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

office on December 8, 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 John Hultquist on December 20, 2010. 

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 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, 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 “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, FSME. 

The State Regulation Status (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. 
-2- 

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/ 

Terrence Reis, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosures: 

As stated 
[CONCURRENCE PAGE] 

Enclosures: As stated 

Distribution: 

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RErickson, RIV : Non-Sensitive Sensitive 

RBrowder, RIV 

JKantanic, POC 

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