December 19, 2013 

Michael Snee, Chief 

Bureau of Radiation Protection 

Ohio Department of Health 

246 North High Street 

Columbus, OH 43215 

Dear Mr. Snee: 

We have reviewed the 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, received by our office on October 31, 2013. These regulations were reviewed by 

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 

30, 32, 33, 34, 35, 36, 37, 39, 71, and with the requirements of the amendment identified in the 

enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the 

regulations with Mark Light on December 17, 2013. 

As a result of our review, we have five 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 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binding, they must be rescinded by NRC concurrent with Ohio’s promulgation of final 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 

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. 
M. Snee -2- 

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) or Jim Lynch at (630) 829-9661 (james.lynch@nrc.gov). 

Sincerely, 

/RA D. White for/ 

Pamela J. Henderson, 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- 

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) or Jim Lynch at (630) 829-9661 (james.lynch@nrc.gov). 

Sincerely, 

/RA D. White for/ 

Pamela J. Henderson, 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) 

OH File, 13-41 

JKatanic, ASPB 

Incoming Document: ML13305A231 

OFFFICE R III ASPB OGC BC:ASPB MSSA 

NAME JLynch via 

email 

KSchneider BJones DWhite PHenderson 

DATE 11/26/13 11/26/13 12/13/13 12/19/13 12/19/13 

ML13330A986 OFFICIAL RECORD COPY Package ML13305A221
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. 
STATE 

SECTION 

NRC 

SECTION 

RATS ID CATEGORY SUBJECT AND COMMENTS 

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: 13-41 

[1 amendment(s) reviewed is identified by a * Date: December 19, 2013at 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 (Superceded by 2004-1) 

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 

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 62 FR 28947 

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 

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 

Part 20 67 FR 16298 

04/05/2005 Final 

ML061440106 

No Comments 06/08/2006 ML061590424 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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

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 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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 

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 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 Proposed 

ML13066A339 

Comments 04/29/2013 ML13096A025 

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 

ML13305A231 

Comments 12/19/2013 ML13305A221 

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