January 26, 2009 

Melanie Rasmusson, Chief 

Bureau of Radiological Health 

Iowa Department of Health 

Lucas State Office Building, 5th Fl. 

321 East 12th Street 

Des Moines, IA 50319 

Dear Ms. Rasmusson: 

We have reviewed the proposed changes to the Iowa regulations, Administrative Code (IAC) 

641(39) & (41), received by our office on December 29, 2008. These regulations were reviewed 

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

30, 31, 32, 35, 150 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 Randal 

Dahlin on January 26, 2009. 

As a result of our review, we have four 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. Under our current procedure, a finding that the Iowa 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 Iowa 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 Iowa 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. 

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 Kathleen 

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: 

kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (email: 

monica.orendi@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
Melanie Rasmusson, Chief 

Bureau of Radiological Health 

Iowa Department of Health 

Lucas State Office Building, 5th Fl. 

321 East 12th Street 

Des Moines, IA 50319 

Dear Ms. Rasmusson: 

We have reviewed the proposed changes to the Iowa regulations, Administrative Code (IAC) 641(39) & (41), 

received by our office on December 29, 2008. These regulations were reviewed by comparison to the equivalent 

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 31, 32, 35, 150 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 Randal Dahlin on January 26, 2009. 

As a result of our review, we have four 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. Under our current 

procedure, a finding that the Iowa 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 Iowa 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 Iowa 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. 

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 Kathleen Schneider, State Regulation Review Coordinator at 

(301) 415-2320 (email: kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (email: 

monica.orendi@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 

Distribution: 

DIR RF (8-121) SUNSI Review Complete 

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

JLynch, RIII : Non-Sensitive G Sensitive 

MOrendi, DMSSA/ASPB 

IA File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\STATES\IOWA\8-121\8-121.DOC 

ML of Incoming Document: ML083640035 

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 ASPB OGC ASPB:BC MSSA:DD 

NAME MOrendi KSchneider BJones AImboden TReis

DATE 01/ 05 /09 01/ 05 /09 01/ 21 /09 01/ 26 /09 01/ 26 /09 

ML090050008 OFFICIAL RECORD COPY Package ML090050007
 COMPATIBILITY COMMENTS ON IOWA PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 Item 1 & 2 

39.4(3) 

30.14 2007-2 B Exempt concentrations 

In Item 1 Iowa states “... in 

accordance with a specific license 

issued pursuant to 39.4(29)”. Section 

10 CFR 32.11 (as referenced in 10 

CFR 30.14(d)) is a Compatibility 

Category NRC and is no longer in the 

Iowa regulations (see Item 14) so this 

section should state “ ... in 

accordance with a specific license 

issued pursuant to 10 CFR 32.11”. 

Iowa needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.14. 

2 Items 5-11 

39.4(3)c(1) 

30.15 2007-2 B Certain items containing byproduct 

material 

Iowa omits “the requirements for a 

license and” between “exempt from” 

and “these rules” in 39.4(3)c.(1). 

Iowa omits equivalent regulation text 

to 10 CFR 30.15(b) from 39.4(3)c(1). 

Iowa needs to make the above 

changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.15. 

3 Item 3 & 4 

39.4(3)b 

30.18 2007-2 B Exempt quantities 

Iowa omits “the requirements for a 

license and” between “exempt from” 

and “these rules” in 39.4(3)b.(1). 

Iowa needs to change 39.4(3)b.(2) to 

read “Any person who possesses 

radioactive material received or 

acquired under a general license is 

exempt from the requirements for a 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

license set forth in this chapter to the 

extent that such person possesses, 

uses, transfers, or owns such 

radioactive material”. 

Iowa omits the word “transfer” from 

39.4(3)b.(3). 

Iowa needs to remove “or by the 

agency pursuant to 39.4(29)b” from 

39.4(3)b(4). 

Iowa needs to make the above 

changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.18. 

4 Item 1 

39.4(3) 

32.13 2007-2 C Same: Prohibition of introduction 

In Item 1 Iowa states “... in 

accordance with a specific license 

issued pursuant to 39.4(29)”. Section 

10 CFR 32.11 is a Compatibility 

Category NRC and is no longer in the 

Iowa regulations (see Item 14) so this 

section should state “ ... in 

accordance with a specific license 

issued pursuant to 10 CFR 32.11”. 

Iowa needs to make the above 

change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 32.13. 
STATE REGULATION STATUS

State: Iowa Tra[2 amendment(s) reviewed is identified by a i Daat 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 Not Required Not Required Iowa h

equiva

1991-2 ASNT Certification of Radiographers 

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

none Not Required Not Required Iowa 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 

11/06/1997 

1991-4 Notification of Incidents 

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

10/15/1994 Final 

ML071970162 

No Comments 09/24/2007 ML072670007 

1992-1 Quality Management Program and Misadministrations 

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

01/27/1995 Not Required Not Required Iowa 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

1993-1 Decommissioning Recordkeeping and License 

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

10/25/1996 Final 

ML071970162 

No Comments 09/24/2007 ML072670007 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Not Applicablei Not Applicable Iowa d

subjecSECY

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

Part 61 58 FR 33886 

07/22/1996 Not Applicable Not Applicable Iowa d

regulaAgree
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

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 Not Applicable Not Applicable Iowa d

regulaAgree

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final 

ML081790082 

No Comments 07/07/2008 ML081890129 

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 

ML071970162 

No Comments 09/24/2007 ML072670007 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final 

ML071970162 

No Comments 09/24/2007 ML072670007 

1995-3 Low-Level Waste Shipment Manifest Information and 

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

03/01/1998 Final 

ML081790082 

No Comments 07/07/2008 ML081890129 

1995-4 Performance Requirements for Radiography Equipment 

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

06/30/1998 Not Required Not Required Iowa h

equiva

1995-5 Radiation Protection Requirements: Amended Definitions 

and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final No Comments 

01/14/2000 ML003683660 

1995-6 Clarification of Decommissioning Funding Requirements 

Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final No Comments 

01/14/2000 ML003683660 

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 Final No Comments 

01/14/2000 ML003683660 

Iowa hequiva2005-2
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

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 

ML033640452 

No Comments 02/04/2004 ML040360241 

Iowa hequiva

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

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 

01/14/2000 ML003683660 

1997-1 Resolution of Dual Regulation of Airborne Effluents of 

Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final No Comments 

01/14/2000 ML003683660 

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 

ML033640452 

No Comments 02/04/2004 ML040360241 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 

1997-4 Fissile Material Shipments and Exemptions 

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

02/10/2000 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 

These requireCompaIowa hequiva

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 

ML050320039 

No Comments 04/06/2005 ML050960431 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

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 

01/14/2000 ML003683660 

1998-1 Deliberate Misconduct by Unlicensed Persons 

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

02/12/2001 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 

1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit 

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

07/01/2001 Final 

ML033640452 

No Comments 2/04/2004 ML040360241 

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 

requireCompaIowa hequiva

1998-4 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Rii

ML003692594 

No Comments 03/21/2000 ML003694911 

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 

ML033640452 

No Comments 2/04/04 ML040360241 

1998-6 Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 

1999-1 Radiological Criteria for License Termination of Uranium 

Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable Iowa d

regulaAgree

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
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

1999-3 Respiratory Protection and Controls to Restrict Internal 

Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 

2001-1 Requirements for Certain Generally Licensed Industrial 

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

02/16/2004 Final 

ML081790082 

Comments 07/07/2008 ML081890129 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML033640452 

No Comments 02/04/2004 ML040360241 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML081790082 

No Comments 07/07/2008 ML081890129 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML071970162 

No Comments 09/24/2007 ML072670007 

2004-1 Compatibility With IAEA Transportation Safety Standards 

and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Final 

ML071970162 

No Comments 09/24/2007 ML072670007 

2005-1 Security Requirements for Portable Gauges Containing 

Byproduct Material Part 30 70 FR 2001 

07/11/2008 Final 

ML071970162 

No Comments 09/24/2007 ML072670007 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML081790082 

No Comments 07/07/2008 ML081890129 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 Proposed 

ML053550019 LC ML052520149 

No Comments 01/19/2006 ML060200518 No Comments 09/14/2005 ML052570342 

2006-1 Minor Amendments 

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

03/27/2009 Final 

ML081790082 

No Comments 07/07/2008 ML081890129 

2006-2 National Source Tracking System - Serialization 

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

02/06/2007 Final 

ML071970162 

No Comments 09/24/2007 ML072670007 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 Final 

ML081790082 

No Comments 07/07/2008 ML081890129 

i2007-1 Medical Use of Byproduct Material - Minor Corrections 

and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 Proposed 

ML083640035 

No Comments 01/26/2009 ML090050007 

i2007-2 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 Proposed 

ML083640035 

Comments 01/26/2009 ML090050007 

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 

ML080310554 

No Comments 02/13/2008 ML080440168 
RATS ID NRC Chronology Identification Date Due for State 

Adoption 

Incoming Package 

Outgoing Package Notes 

2008-1 Occupational Dose Records, Labeling Containers, and 

Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 

i IMPEP Team: verify that Iowa does not have any licensees subject to these regulations during each review. ii R stands for proposed changes to a final rule.