February 20, 2014

Michael Snee, Chief

Bureau of Radiation Protection

Ohio Department of Health

246 North High Street

Columbus, OH 43215

Dear Mr. Snee:

The Office of Federal and State Materials and Environmental Management Programs (FSME) 

has reviewed your letter dated January 10, 2014, in response to our letter dated December 19, 

2013, which transmitted our comments on proposed revisions to the Ohio regulations in the 

Ohio Administrative Code Chapters 3701:1-37-01 through 3701:1-37-31; 3701:1-40-07, 

3701:1-38-01 and 3701:1-50-23. Your letter requested clarification and reevaluation of 

Comment 1 we made regarding the proposed revision. We discussed our reevaluation of the 

regulations with Mark Light on February 10, 2014. 

Based on additional information provided in your letter, we have determined that Ohio 

regulations meet the Category H&S designation for Comment 1 from our December 19, 2013, 

letter. This comment is withdrawn. This letter will replace the December 19, 2013, letter.

The attached table shows the four outstanding comments that need to be incorporated into 

Ohio’s proposed regulations. 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 Ohio

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 Ohio 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, “Compatibility Categories and Health and

Safety Identification for NRC Regulations and Other Program Elements.”

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 the final 

changes, and provide a copy to Division of Materials Safety and State Agreements, FSME.

Additionally, please note that NRC has issued certain security Orders to 10 Ohio licensees. We 

have not listed the names of the licensees in this letter because that information is Official Use 

Only and cannot be made publicly available. Because the NRC-issued Orders are still legally 

binding, they must be rescinded by NRC concurrent with Ohio’s promulgation of final 

regulations. Accordingly, close coordination is needed between NRC and your office to ensure 

there are no conflicts, duplications, or gaps regarding the security-related requirements for 
M. Snee -2-

these licensees. Please contact Adelaide Giantelli, Branch Chief, Source Management and 

Protection Branch, FSME at (301) 415-3521 (adelaide.giantelli@nrc.gov) for information 

regarding the affected Ohio licensees and for coordination with rescission of the NRC-issued 

Orders after Ohio’s promulgation and NRC’s review of the final regulations on these licensees.

The SRS Data Sheet summarizes our knowledge of the status of other Ohio regulations and 

legally binding requirements, 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 review results, 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).

Sincerely,

/RA/

John M. Moses, Acting Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials 

 and Environmental Management Programs

Enclosures:

1. Compatibility Comments

2. Ohio SRS Data Sheet
M. Snee -2-

these licensees. Please contact Adelaide Giantelli, Branch Chief, Source Management and 

Protection Branch, FSME at (301) 415-3521 (adelaide.giantelli@nrc.gov) for information 

regarding the affected Ohio licensees and for coordination with rescission of the NRC-issued 

Orders after Ohio’s promulgation and NRC’s review of the final regulations on these licensees.

The SRS Data Sheet summarizes our knowledge of the status of other Ohio regulations and 

legally binding requirements, 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 review results, 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).

Sincerely,

/RA/

John M. Moses, Acting Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials 

 and Environmental Management Programs

Enclosures:

1. Compatibility Comments

2. Ohio SRS Data Sheet

DISTRIBUTION: SP07

Ohio File, 14-2

JKatanic, ASPB

JLynch, RSAO/RIII

Incoming Document: ML14010A173

OFFFICE ASPB OGC BC:ASPB MSSA

NAME KSchneider BJones DWhite JMoses

DATE 01/27/14 02/09/14 02/20/14 02/20/14

ML14027A598 OFFICIAL RECORD COPY Package ML14010A170
COMPATIBILITY COMMENTS ON OHIO PROPOSED REGULATIONS

STATE 

SECTION

NRC 

SECTION

RATS ID CATEGORY SUBJECT AND COMMENTS

1 3701:1-38-

01(A)(26)

§37.5 2013-1 [H&S] Definition: Byproduct material

The Ohio rule is missing paragraphs (3) and 

(4) of the definition of Byproduct material as 

follows: 

(3)(i) Any discrete source of radium226 that is produced, extracted, or 

converted after extraction, before, on, 

or after August 8, 2005, for use for a 

commercial, medical, or research 

activity; or

 (ii) Any material that—

 (A) Has been made radioactive by 

use of a particle accelerator; and

 (B) Is produced, extracted, or

converted after extraction, before, on, 

or after August 8, 2005, for use for a 

commercial, medical, or research 

activity; and

(4) Any discrete source of naturally 

occurring radioactive material, other 

than source material, that—

 (i) The Commission, in consultation 

with the Administrator of the 

Environmental Protection Agency, the 

Secretary of Energy, the

Secretary of Homeland Security, and 

the head of any other appropriate 

Federal agency, determines would 

pose a threat similar to the threat 

posed by a discrete source of radium226 to the public health and safety or 

the common defense and security;

and

 (ii) Before, on, or after August 8,

2005, is extracted or converted after 

extraction for use in a commercial, 

medical, or research activity.

Ohio needs to make the above changes in 

order to meet the Category [H&S] designation

assigned to 10 CFR 37.5 Definition: 

Byproduct material.

Comment withdrawn based on review of 
STATE 

SECTION

NRC 

SECTION

RATS ID CATEGORY SUBJECT AND COMMENTS

additional information, provided in Ohio’s

January 9, 2014, letter. 

2 3701:1-37-

26(C)

§37.77(a)-

(d)

2013-1 B Advance notification of shipment of 

category 1 quantities of radioactive 

material.

In paragraph (C)(2), the phrase “...of 

any such incidents.” should be changed 

to “...of any such changes.”

Ohio needs to make the above change in 

order to meet the Compatibility Category B 

designation assigned to 10 CFR 37.77(a)-(d).

3 3701:1-37-

27(B)

§37.79(b) 2013-1 B Requirements for physical protection of 

category 1 and category 2 quantities of 

radioactive material during shipment.

In paragraph (B)(2)(b), the phrase “Use 

carriers and maintain constant control ...” 

should be changed to “Use carriers that 

maintain constant control...” 

Ohio needs to make the above change in 

order to meet the Compatibility Category B 

designation assigned to 10 CFR 37.79(b).

4 3701:1-37-

28(A)-(F)

§37.81(a)-

(f)

2013-1 B Reporting of events.

In paragraph (C), “LLEA along with shipment 

route” should be corrected to “LLEA along the 

shipment route.”

Ohio needs to make the above change in 

order to meet the Compatibility Category B 

designation assigned to 10 CFR 37.81(a)-(f).
STATE 

SECTION

NRC 

SECTION

RATS ID CATEGORY SUBJECT AND COMMENTS

5 3701:1-37-

28(G)-(H)

§37.81(g)-

(h)

2013-1 C Reporting of events.

In paragraph (G), “Incidence” should be 

corrected to “Incident.”

In paragraph (G)(4), the phrase “or will be 

taken,” is missing from the Ohio rule. Future 

corrective actions are an important piece of 

information for the State to expect from the 

licensee.

Ohio needs to make the above changes in 

order to meet the Compatibility Category C 

designation assigned to 10 CFR 37.81(g)-(h).
STATE REGULATION STATUS

State: Ohio

Tracking Ticket Number: 14-2

[1 amendment(s) reviewed is identified by a * Date: February 20, 2014

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

ML023250117

No Comments 

01/09/2003

ML030060349

Ohio has adopted Final Regulations 

equivalent to RATS ID: 1997-5.

1991-2 ASNT Certification of Radiographers

Part 34

56 FR 11504 

(Superceded by 1997-5)

none Final

ML023250117

No Comments 

01/09/2003

ML030060349

Ohio has adopted Final Regulations 

equivalent to RATS ID: 1997-5.

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

ML040920160

No Comments 

04/14/2004

ML041060011

1991-4 Notification of Incidents

Parts 20, 30, 31, 34, 39, 40, 70

56 FR 64980

10/15/1994 Final

ML083200007

No Comments

12/10/2008

ML083220971

1992-1 Quality Management Program and 

Misadministrations

Part 35

56 FR 34104

(Superceded by 2002-2)

01/27/1995 Final

ML061440106

No Comments 

06/08/2006

ML061590424

Ohio has adopted Final Regulations 

equivalent to RATS ID: 2002-2.

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions

Parts 30, 35

57 FR 45566

none Final

ML061440106

No Comments 

06/08/2006

ML061590424

These regulation changes are not 

required to be adopted for purposes 

of Compatibility.
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

ML083200007

No Comments

12/10/2008

ML083220971

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators

Part 36

58 FR 7715

07/01/1996 Final

ML023250117

No Comments 

01/09/2003

ML030060349

1993-3 Definition of Land Disposal and Waste Site QA 

Program

Part 61

58 FR 33886

07/22/1996 Final No Comments 

10/09/1998

1994-1 Self-Guarantee as an Additional Financial 

Mechanism

Parts 30, 40, 70 

58 FR 68726; 59 FR 1618

none Final No Comments 

10/09/1998

1994-2 Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards

Part 40

59 FR 28220

07/01/1997 Final No Comments 

10/09/1998

1994-3 Timeliness in Decommissioning Material Facilities

Parts 30, 40, 70 

59 FR 36026

08/15/1997 R1 No Comments 

7/26/00

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

ML061440106

No Comments 

06/08/2006

ML061590424
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Package

Outgoing 

Package

Notes

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment

Part 20

60 FR 7900

03/13/1998 Final

ML041240504

No Comments 

06/14/2004

ML041670402

1995-3 Low-Level Waste Shipment Manifest Information 

and Reporting

Parts 20, 61

60 FR 15649; 60 FR 25983

03/01/1998 Final

ML040920160

No Comments 

04/14/2004

ML041060011

1995-4 Performance Requirements for Radiography 

Equipment

Part 34

60 FR 28323

(Superceded by 1997-5)

06/30/1998 Final

ML023250117

No Comments 

01/09/2003

ML030060349

Ohio has adopted Final Regulations 

equivalent to RATS ID: 1997-5.

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria

Parts 19, 20

60 FR 36038

08/14/1998 Final

ML040920160

No Comments 

04/14/2004

ML041060011

1995-6 Clarification of Decommissioning Funding 

Requirements

Parts 30, 40, 70

60 FR 38235

11/24/1998 R1 No Comments 

07/26/2000

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 Proposed

ML042230062

No Comments 

10/14/2004

ML042890002

1996-1 Compatibility with the International Atomic Energy 

Agency

Part 71

60 FR 50248; 61 FR 28724

04/01/1999 Not Required Not Required Ohio has adopted Final Regulations 

equivalent to RATS ID: 2004-1.
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Package

Outgoing 

Package

Notes

(Superceded by 2004-1)

1996-2 One Time Extension of Certain Byproduct, Source

and Special Nuclear Materials Licenses

Parts 30, 40, 70

61 FR 1109

02/15/1999 R1 No Comments 

07/26/2000

1996-3 Termination or Transfer of Licensed Activities: 

Record keeping Requirements

Parts 20, 30, 40, 61, 70

61 FR 24669

06/17/1999 R1 No Comments 

07/26/2000

1997-1 Resolution of Dual Regulation of Airborne Effluents 

of Radioactive Materials; Clean Air Act

Part 20

61 FR 65120

01/9/2000 Final

ML041900134 

No Comments 

08/09/2004

ML042220269

1997-2 Recognition of Agreement State Licenses in Areas 

Under Exclusive Federal Jurisdiction Within an 

Agreement State

Part 150

62 FR 1662

02/27/2000 Final

ML041240504

No Comments 

06/14/2004

ML041670402

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material

Parts 20, 35

62 FR 4120

05/29/2000 R1 No Comments 

07/26/2000

1997-4 Fissile Material Shipments and Exemptions

Part 71

62 FR 5907

(Superceded by 2004-1)

02/10/2000 Not Required Not Required These regulation changes are not 

required to be adopted for purposes 

of Compatibility. (See STP-97-078)

1997-5 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiography 

Operations

Parts 30, 34, 71, 150

06/27/2000 Final

ML083020271

No Comments 

12/05/2008

ML083150069
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Package

Outgoing 

Package

Notes

62 FR 28947

1997-6 Radiological Criteria for License Termination

Parts 20, 30, 40, 70

62 FR 39057

08/20/2000 Final No Comments 

10/09/1998

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

ML041240504

No Comments 

06/14/2004

ML041670402

1998-1 Deliberate Misconduct by Unlicensed Persons

Parts 30, 40, 61, 70, 71, 150

63 FR 1890; 63 FR 13773

02/12/2001 R1

ML010380259

ML010870344

No Comments 

12/12/01

ML013530072

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 No Comments 

10/09/1998

These regulation changes are not 

required to be adopted for purposes 

of Compatibility.

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 regulation changes are not 

required to be adopted for purposes 

of Compatibility. (See STP-98-074)

Ohio has adopted Final Regulations 

equivalent to RATS ID: 2002-2.

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic 

Operations

Part 34

63 FR 37059

07/09/2001 Final

ML041240504

No Comments 

06/14/2004

ML041670402

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

Policy Change

Parts 20, 32, 35, 36, 39

63 FR 39477; 63 FR 45393

10/26/2001 Final No Comments 

10/09/1998
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Package

Outgoing 

Package

Notes

1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment

Part 20

63 FR 50127

11/20/2001 Final

ML041900134

No Comments 

08/09/2004

ML042220269

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities

Part 40

64 FR 17506

06/11/2002 Final

ML060580024

No Comments 

04/13/2006

ML061030457

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 regulation changes are not 

required to be adopted for purposes 

of Compatibility.

1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure

Part 20

64 FR 54543; 64 FR 55524

02/02/2003 Final

ML040920160

No Comments 

04/14/2004

ML041060011

2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications

Part 39

65 FR 20337

05/17/2003 Final

ML023250117

No Comments 

01/09/2003

ML030060349

2000-2 New Dosimetry Technology

Parts 34, 36, 39

65 FR 63750

01/08/2004 Final

ML023250117

No Comments 

01/09/2003

ML030060349

2001-1 Requirements for Certain Generally Licensed 

Industrial Devices Containing Byproduct Material

Parts 30, 31, 32

65 FR 79162

02/16/2004 Final

ML12361A139

No Comments 

02/06/2013

ML13011A272

2002-1 Revision of the Skin Dose Limit 04/05/2005 Final

ML061440106

No Comments 

06/08/2006
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Package

Outgoing 

Package

Notes

Part 20

67 FR 16298

ML061590424

2002-2 Medical Use of Byproduct Material

Parts 20, 32, 35

67 FR 20249

10/24/2005 Final

ML061440106

No Comments

06/08/2006

ML061590424

2003-1 Financial Assurance for Materials Licensees

Parts 30, 40, 70 

68 FR 57327

12/03/2006 Final 

ML090120129

No Comments

02/06/2009

ML090150553

2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety 

Amendments 

Part 71

69 FR 3697

10/01/2007 Final

ML063170453

No Comments 

12/15/2006

ML063490049

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material 

Part 30

70 FR 2001

07/11/2008 Final

ML071010099

No Comments 

04/25/2007

ML071150005

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards 

Part 35

70 FR 16336; 71 FR 1926

04/29/2008 Final

ML090120129

No Comments

02/06/2009

ML090150553

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128

12/01/2005 License 

Condition

ML053120143

No Comments 

11/10/2005

ML053180026

2006-1 Minor Amendments

Parts 20, 30, 32, 35, 40 and 70

71 FR 15005

03/27/2009 Final

ML103120326

No Comments

01/12/2011

ML103360248
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Package

Outgoing 

Package

Notes

2006-2 National Source Tracking System - Serialization 

Requirements

Part 32 with reference to Part 20 Appendix E

71 FR 65685

02/06/2007 Final

ML083050030

No Comments

12/18/2008

ML083400038

2006-3 National Source Tracking System 

Part 20

71 FR 65685, 72 FR 59162 

01/31/2009 Final

ML083050030

No Comments

12/18/2008

ML083400038

2007-1 Medical Use of Byproduct Material - Minor 

Corrections and Clarifications

Parts 32 and 35

72 FR 45147, 54207

10/29/2010 Final

ML103120326

No Comments

01/12/2011

ML103360248

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 Final 

ML091380031

No Comments

07/02/2009

ML091600466

2007-3 Requirements for Expanded Definition of Byproduct 

Material

Parts 20, 30, 31, 32, 33, 35, 61, 150

72 FR 55864

11/30/2010 R1

ML120100267

No Comments

02/21/2012

ML120370416

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

ML080460449

No Comments

03/12/2008

ML080720077

2008-1 Occupational Dose Records, Labeling Containers, 

and Total Effective Dose Equivalent

Parts 19, 20

72 FR 68043

02/15/2011 Final

ML091380048

No Comments

07/07/2009

ML091600652
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Package

Outgoing 

Package

Notes

2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification

Part 35

74 FR 33901

09/28/2012 Final

ML120100267

No Comments

02/21/2012

ML120370416

2011-1 Decommissioning Planning

Parts 20, 30, 40, 70

76 FR 35512

12/17/2015 Final

ML13330A553

No Comments

12/23/2013

ML13330A097

2011-2 Licenses, Certifications, and Approvals for Materials 

Licensees 

Parts 30, 36, 39, 40, 70, and 150

76 FR 56951

11/14/2014 Final

ML13228A018

No Comments

09/18/2013

ML13228A016

2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6

(See RATS ID: 2001-1 for Rule text)

77 FR 3640

01/25/2015 Final

ML12361A139

No Comments 

02/06/2013

ML13011A272

2012-2 Advance Notification to Native American Tribes of 

Transportation of Certain Types of Nuclear Waste

Part 71

77 FR 34194

08/10/2015 Final

ML12361A139

No Comments 

02/06/2013

ML13011A272

2012-3 Technical Corrections

Part 30, 34, 40 and 70

77 FR 39899

08/06/2015

2012-4 Requirements for Distribution of Byproduct Material

Parts 30, 31, 32, 40 and 70

77 FR 43666

10/23/2015

*2013-1 Physical Protection of Byproduct Material, 10 CFR 

Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 

78 FR 16922

03/19/2016 Proposed

ML14010A173

Comments

02/20/2014

ML14010A170
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming 

Package

Outgoing 

Package

Notes

2013-2 Distribution of Source Material to Exempt Persons 

and to General Licensees and Revision of General 

License and Exemptions, 10 CFR Parts 30, 40, and 

70

78 FR 32310

08/27/2016

1 R stands for proposed changes to a final rule.