June 12, 2006

Tobias A. Lickerman

Chief of Radioactive Materials Division

New York City Department of Health 

2 Lafayette St. 11th fl., NY NY 10007

Dear Mr. Lickerman:

We have reviewed the final revision to the New York City Department of Health regulations in

Article 175 of the New York City Health Code “Radiation Control”, received by our office via email on May 1, 2006. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 40, 50, 52, 60, 61, 70, 72 and

150 and the requirements of the seven amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. We discussed our review of the regulations with you on May 24,

2006.

As a result of our review, we have eight 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. We have determined that if these regulations are revised, incorporating our

comments and without other significant change, they would meet the compatibility and health

and safety categories established in the Office of State and Tribal Programs (STP) Procedure

SA-200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided to us for review. As requested in STP Procedure SA-201,

“Review of State Regulatory Requirements,” please highlight the location of any changes made

by New York City Department of Health, in response to our comments and provide a copy to

STP.

The SRS Data Sheet summarizes our knowledge of the status of other New York City

Department of Health 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 STP website: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

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 me, or Jenny Tobin

at 301-415-2328 or by e-mail at jct1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
June 12, 2006

Tobias A. Lickerman

Chief of Radioactive Materials Division

New York City Department of Health 

2 Lafayette St. 11th fl., NY NY 10007

Dear Mr. Lickerman:

We have reviewed the final revision to the New York City Department of Health regulations in

Article 175 of the New York City Health Code “Radiation Control”, received by our office via email on May 1, 2006. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 40, 50, 52, 60, 61, 70, 72 and

150 and the requirements of the seven amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. We discussed our review of the regulations with you on May 24,

2006.

As a result of our review, we have eight 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. We have determined that if these regulations are revised, incorporating our

comments and without other significant change, they would meet the compatibility and health

and safety categories established in the Office of State and Tribal Programs (STP) Procedure

SA-200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided to us for review. As requested in STP Procedure SA-201,

“Review of State Regulatory Requirements,” please highlight the location of any changes made

by New York City Department of Health, in response to our comments and provide a copy to

STP.

The SRS Data Sheet summarizes our knowledge of the status of other New York City

Department of Health 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 STP website: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

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 me, or Jenny Tobin

at 301-415-2328 or by e-mail at jct1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF (6-120) SUNSI Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available KHseuh, ASPO

DWhite, RSAO : Non-Sensitive G Sensitive New York File

DOCUMENT NAME: D:\NRC\Regs\NY June 6-120.wpd 

 ML of Incoming Document:ML061220177

OFFICE STP OGC STP:DD

NAME JTobin STreby KNSchneider for DRathbun

DATE 05/15/06* 06/08 /06* 06/12/06*

ML061630264 OFFICIAL RECORD COPY Pkg.ML061640002
COMPATIBILITY COMMENTS ON NEW YORK CITY DEPARTMENT OF 

HEALTH (NYCDH) PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 175.02(132) 20.1003 1995-5 A Definition: “Member of Public” 

NYCDH definition of “member of

public” does not include all of the

essential elements of the reference to

occupational dose contained in

NRC’s definition.

NYCDH needs to include the phrase

“occupational dose” to 175.02(132) to

meet the Compatibility Category A

designation assigned to this definition

in Section 10 CFR 20.1003.

2 175.02(141) 20.1003 1995-5 A Definition: “Occupational Dose”

NYCDH definition of “occupational

dose” does not differentiate between

licensed and unlicensed sources

compared to NRC’s definition.

NYCDH needs to revise the definition

of “occupational dose” to include both

licensed and unlicensed sources of

radiation add the phrase to

175.02(141) to meet the Compatibility

Category A designation assigned to

this definition in Section 10 CFR

20.1003.

3 175.101(m) 150.20 1997-2 C Recognition of Agreement State

licenses

NYCDH has omitted the 3-day

advance notice about initially

engaging in the activity outside of

NYCDH’s jurisdiction.

NYCDH needs to include a reference

to advanced notification in

175.101(m) to meet the Compatibility

Category C designation assigned to

Section 10 CFR 150.20. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 175.02(20) 20.1003 1997-6 A Definition: “Background radiation”

NYCDH definition of “background

radiation” omits the phrase “or from

past nuclear accidents such as

Chernobyl that contribute to

background radiation and are not

under control of the licensee”

compared to NRC’s definition.

NYCDH needs to add the phrase “or

from past nuclear accidents such as

Chernobyl that contribute to

background radiation and are not

under control of the licensee” to

175.01(20) to meet the Compatibility

Category A designation assigned to

this definition in Section 10 CFR

20.1003.

5 N/A 20.1003 1997-6 B Definition: “Critical group”

NYCDH omitted a definition for

“critical group” compared to NRC’s

regulations.

NYCDH needs to add the definition to

175.02 to meet the Compatibility

Category B designation assigned to

this portion of Section 10 CFR

20.1003.

6 N/A 20.1003 1997-6 C Definition: “Decommission”

NYCDH omitted a definition for

“decommission” compared to NRC’s

regulations.

NYCDH needs to add the definition to

175.02 to meet the Compatibility

Category designations assigned to

these portions 10 CFR 20.1003, 30.4,

40.4 and 70.4.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

7 N/A 20.1003 1997-6 B Definition: “Distinguishable from

background”

NYCDH omitted a definition for

“distinguishable from background”

compared to NRC’s regulations.

NYCDH needs to add the definition to

175.02 to meet the Compatibility

Category B designation assigned to

this portion of Section 10 CFR

20.1003.

8 N/A 20.1003 1997-6 B Definition: “Residual radioactivity”

NYCDH omitted a definition for

“residual radioactivity” compared to

NRC’s regulations.

NYCDH needs to add the definition to

175.02 to meet the Compatibility

Category B designation assigned to

this portion of Section 10 CFR

20.1003.
STATE REGULATION STATUS

State: New York City Bureau of Health Tracking Ticket Number: 6-120

[7 amendments reviewed identified by a i at Date: 6/12/2006 

the beginning of the equivalent NRC requirement.] 

 

NRC Chronology

Identification

FR Notice

(Date Due For

State

Implementation)

RATS ID Proposed (P) /

Final (F)1

 Rule1 /

License

Condition (LC)

ML #5

NRC Review /

Y, N2

 / Date

/ML #5

Final State

Regulation1

(Effective Date)

Safety Requirements for

Radiographic EquipmentPart 34

55 FR 843

(1/10/94)

1991-1 Not required3

ASNT Certification of

Radiographers-Part 34

56 FR 11504

(none)

1991-2 Not required3

Standards for Protection

Against RadiationPart 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

Notification of IncidentsParts 20, 30, 31, 34, 39,

40, 70

56 FR 64980

(10/15/94)

1991-4

Quality Management

Program and

Misadministrations-Part

35

56 FR 34104

(1/27/95)

1992-1

Eliminating the

Recordkeeping

Requirements

for Departures from

Manufacturer's

Instructions-Parts 30,35

57 FR 45566

(none)

1992-2 Not required3

Decommissioning

Recordkeeping and

License Termination:

Documentation Additions

[Restricted areas and

spill sites]-Parts 30, 40 

58 FR 39628

(10/25/96)

1993-1

Licensing and Radiation

Safety Requirements for

Irradiators-Part 36

58 FR 7715

(7/1/96)

1993-2 Not applicable SECY-95-

1124

Definition of Land

Disposal and Waste Site

QA Program-Part 61

58 FR 33886

(7/22/96)

1993-3 Not applicable SECY-95-

1124

Self-Guarantee as an

Additional Financial

Mechanism- Parts 30,

40, 70 

58 FR 68726

59 FR 1618

(none)

1994-1 Not required3

Uranium Mill Tailings

Regulations: Conforming

NRC Requirements to

EPA Standards-Part 40

59 FR 28220

(7/1/97)

1994-2 Not applicable SECY-95-

1124
NRC Chronology

Identification

FR Notice

(Date Due For

State

Implementation)

RATS ID Proposed (P) /

Final (F)1

 Rule1 /

License

Condition (LC)

ML #5

NRC Review /

Y, N2

 / Date

/ML #5

Final State

Regulation1

(Effective Date)

i Timeliness in

Decommissioning

Material Facilities-Parts

30, 40, 70 

59 FR 36026

(8/15/97)

1994-3 5/1/06

ML061290502

N 6/12/06

ML061630264

Preparation, Transfer for

Commercial Distribution,

and Use of Byproduct

Material for Medical UseParts 30, 32, 35

59 FR 61767

59 FR 65243

60 FR 322

(1/1/98)

1995-1

Frequency of Medical

Examinations for Use of

Respiratory Protection

Equipment-Part 20 

60 FR 7900

(3/13/98)

1995-2 F 5/5/06

ML061220177

N 6/ 1/2006

ML061530099

Low-Level Waste

Shipment Manifest

Information and

Reporting-Parts 20, 61

60 FR 15649

60 FR 25983

(3/1/98)

1995-3 Not applicable SECY-95-

1124

Performance

Requirements for

Radiography EquipmentPart 34

60 FR 28323

(6/30/98)

1995-4 Not applicable SECY-95-

1124

i Radiation Protection

Requirements: Amended

Definitions and CriteriaParts 19, 20 

60 FR 36038

(8/14/98)

1995-5 F 5/1/06

ML061290502

Y 6/12/06

ML061630264

i Clarification of

Decommissioning

Funding RequirementsParts 30, 40, 70

60 FR 38235

(11/24/98)

1995-6 F 5/1/06

ML061290502

N 6/12 /06

ML061630264

Medical Administration of

Radiation and

Radioactive MaterialsParts 20, 35

60 FR 48623

(10/20/98)

1995-7

10 CFR Part 71:

Compatibility with the

International Atomic

Energy Agency-Part 71

60 FR 50248

61 FR 28724

(4/1/99)

1996-1 P N 2/9/99 4/99

One Time Extension of

Certain Byproduct,

Source and Special

Nuclear Materials

Licenses-Parts 30, 40, 70

61 FR 1109

(none)

1996-2 Not required3

i Termination or

Transfer of Licensed

Activities: 

Recordkeeping

Requirements-Parts 20,

30, 40, 61, 70

61 FR 24669

(6/17/99)

1996-3 F 5/1/06

ML061290502

N 6/12/06

ML061630264

Resolution of Dual

Regulation of Airborne

Effluents of Radioactive

Materials; Clean Air ActPart 20

61 FR 65119

(1/9/00)

1997-1
NRC Chronology

Identification

FR Notice

(Date Due For

State

Implementation)

RATS ID Proposed (P) /

Final (F)1

 Rule1 /

License

Condition (LC)

ML #5

NRC Review /

Y, N2

 / Date

/ML #5

Final State

Regulation1

(Effective Date)

i Recognition of

Agreement State

Licenses in Areas Under

Exclusive Federal

Jurisdiction Within an

Agreement State-Part

150

62 FR 1662

(2/27/00)

1997-2 F 5/1/06

ML061290502

Y 6/12/06

ML061630264

Criteria for the Release

of Individuals 

Administered Radioactive

Material-Parts 20, 35

62 FR 4120

(5/29/00)

1997-3

Fissile Material

Shipments and

Exemptions-Part 71

62 FR 5907

(none)

1997-4 Not required3

Licenses for Industrial

Radiography and

Radiation Safety

Requirements for

Industrial Radiography

Operations-Parts 30, 34,

71, 150

62 FR 28948

(6/27/00)

1997-5 Not applicable SECY-95-

1124

i Radiological Criteria

for License TerminationParts 20, 30, 40, 70

62 FR 39057

(8/20/00)

1997-6 F 5/1/06

ML061290502

Y 6/12/06

ML061630264

Exempt Distribution of a

Radioactive Drug

Containing One 

Microcurie of Carbon-14

Urea-Part 30 

62 FR 63634

(1/02/01)

1997-7

i Deliberate Misconduct

by Unlicensed PersonsParts 30, 40, 61, 70, 150

63 FR 1890

63 FR 13773

(2/12/01)

1998-1 F 5/1/06

ML061290502

N 6/12/06

ML061630264

Self-Guarantee of

Decommissioning

Funding by Nonprofit and

Non-Bond-Issuing

Licensees- Parts 30, 40,

70

63 FR 29535

(none)

1998-2 Not required3

License Term for Medical

Use Licenses- Part 35

63 FR 31604

(none)

1998-3 Not required3

Licenses for Industrial

Radiography and

Radiation Safety

Requirements for

Industrial Radiographic

Operations-Part 34

63 FR 37059

(7/9/01)

1998-4 Not applicable SECY-95-

1124

Minor Corrections,

Clarifying Changes, and

a Minor Policy ChangeParts 20, 35, 36

63 FR 39347

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
NRC Chronology

Identification

FR Notice

(Date Due For

State

Implementation)

RATS ID Proposed (P) /

Final (F)1

 Rule1 /

License

Condition (LC)

ML #5

NRC Review /

Y, N2

 / Date

/ML #5

Final State

Regulation1

(Effective Date)

Radiological Criteria for

License Termination of

Uranium Recovery

Facilities-Part 40

64 FR 17506

(6/11/02)

1999-1 Not applicable SECY-95-

1124

Requirements for Those

Who Possess Certain

Industrial Devices

Containing Byproduct

Material to Provide

Requested InformationPart 31

64 FR 42269

(none)

1999-2 Not required3

Respiratory Protection

and Controls to Restrict

Internal Exposure - Part

20

64 FR 54543

64 FR 55525

(2/2/03)

1999-3 F 5/5/06

ML061220177

N 6/1/2006

ML061530099 

Energy Compensation

Sources for Well Logging

and Other Regulatory

Clarifications-Part 39

65 FR 20337;

(5/17/03)

2000-1

New Dosimetry

Technology-Parts 34, 36,

39

65 FR 63749;

(1/8/04)

2000-2

Requirements for Certain

Generally Licensed

Industrial Devices

Containing Byproduct

Material-Parts 30, 31, 32

65 FR 79162;

(2/16/04)

2001-1

Revision of the Skin

Dose Limit-Part 20

67 FR 1629;

(4/5/05)

2002-1 F 5/5/06

ML061220177

N 6/1/2006

ML061530099

Medical Use of

Byproduct Material-Parts

20, 32, 35

 67 FR 20249;

(4/24/05)

2002-2

Financial Assurance for

Materials Licensees –

Parts 30, 40, 70 

68 FR 57327

12/3/06

2003-1

Compatibility With IAEA

Transportation Safety

Standards and Other

Transportation Safety

Amendments – Part 71.

69 FR 3697;

(10/01/07)

2004-1

Security Requirements

for Portable Gauges

Containing Byproduct

Material - Part 30

70 FR 2001;

(7/11/08)

2005-1

Medical Use of

Byproduct Material -

Recognition of Specialty

Boards - Part 35

70 FR 16336; 71

FR 1926 (4/29/08)

2005-2
NRC Chronology

Identification

FR Notice

(Date Due For

State

Implementation)

RATS ID Proposed (P) /

Final (F)1

 Rule1 /

License

Condition (LC)

ML #5

NRC Review /

Y, N2

 / Date

/ML #5

Final State

Regulation1

(Effective Date)

1. Or 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. A State need not adopt a specific regulation if the State has no licensees that would be subject to that

regulation. See: “Final Policy Statement on Adequacy and Compatibility of Agreement State Programs,”

III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number

6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs,

Agreement States were given 90 days to issue legally binding requirements satisfying the requirements of

NRC Order EA-05-090.

Increased Controls for

Risk-Significant

Radioactive Sources

(NRC Order EA-05-090)6

70 FR 72128;

(12/1/05)

2005-3 LC

ML052910113

10/20/05

ML052940009

12/2/05